" ! SENATE 113th Congress 

1st Session 

REPORT

113–113 

Calendar No. 218 

STRENGTHENING AMERICA’S SCHOOLS ACT 

OF 2013 

R E P O R T 

OF THE

COMMITTEE ON HEALTH, EDUCATION, 

LABOR, AND PENSIONS 

UNITED STATES SENATE 

TOGETHER WITH

ADDITIONAL VIEWS 

TO ACCOMPANY

S. 1094 

OCTOBER 11, 2013.—Ordered to be printed 


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STRENGTHENING AMERICA’S SCHOOLS ACT OF 2013 

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U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

85–059 

" ! SENATE 113th Congress 

1st Session 

REPORT

2013

113–113 

Calendar No. 218 

STRENGTHENING AMERICA’S SCHOOLS ACT 

OF 2013 

R E P O R T 

OF THE

COMMITTEE ON HEALTH, EDUCATION, 

LABOR, AND PENSIONS 

UNITED STATES SENATE 

TOGETHER WITH

ADDITIONAL VIEWS 

TO ACCOMPANY

S. 1094 

OCTOBER 11, 2013.—Ordered to be printed 


mstockstill on DSK4VPTVN1PROD with HEARINGSE:\Seals\Congress.#13
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(III) 

C O N T E N T S 

Page 

I. Purpose, Need for Legislation, and Goals of Reauthorization ................... 1 

II. Legislative History and Committee Action .................................................. 5 

III. Explanation of Bill and Committee Views ................................................... 15 

IV. Regulatory Impact Statement ....................................................................... 61 

V. Application of Law to the Legislative Branch ............................................. 62 

VI. Cost Estimate ................................................................................................. 62 

VII. Section-by-Section Analysis .......................................................................... 71 

VIII. Additional Views ............................................................................................ 92 

IX. Changes in Existing Law .............................................................................. 99 

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Calendar No. 218 

113TH CONGRESS REPORT " ! SENATE 1st Session 113–113 

STRENGTHENING AMERICA’S SCHOOLS ACT OF 2013 

OCTOBER 11, 2013.—Ordered to be printed 

Mr. HARKIN, from the Committee on Health, Education, Labor, and 

Pensions, submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany S. 1094] 

The Committee on Health, Education, Labor, and Pensions to 

which was referred the bill (S. 1094) to amend the Elementary and 

Secondary Education Act of 1965, and for other purposes, having 

considered the same, reports favorably thereon with an amendment 

and recommends that the bill (as amended) do pass. 

I. PURPOSE, NEED FOR LEGISLATION, AND GOALS OF

REAUTHORIZATION

The Strengthening America’s Schools Act of 2013 (SASA) is a 

comprehensive reauthorization of the Elementary and Secondary 

Education Act of 1965 (ESEA). Its purpose is to once again, affirm 

the Federal focus on preK–12 education policy to ensure access and 

equity of educational opportunities for all students. The committee 

also intends this Act to update, improve and streamline programs 

under the ESEA for the next 5 years. SASA represents the Federal 

Government’s continued commitment to preK–12 education, to students in disadvantaged situations, and recommits the Federal Government to the fundamental goals of the Elementary and Secondary Education Act as passed in 1965. 

Equity and access to high quality education has been the purpose 

of Federal education law since the passage of ESEA in April 1965. 

ESEA, the first large-scale Federal education act, focused resources 

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2 

on schools serving disadvantaged students and became the first of 

three legs in the Federal education footprint to address access and 

equity. Along with the Head Start Act of 1965 and the Educating 

All Handicapped Children Act of 1975 (now known as the Individuals with Disabilities Education Act), ESEA made the promise to 

prepare all children for school and provide educational opportunities for each of those children. 

Since the original implementation of those three laws, much has 

improved. We now serve almost 1 million children each year 

through the Head Start and Early Head Start programs, enhancing 

the lives of those children and their families by providing services 

and supports that prepare those children for school. IDEA provides 

the over 6 million students with disabilities with access to school, 

something not guaranteed prior to its passage. ESEA, the first leg 

of Federal education legislation, has provided enormous support to 

schools, teachers, and communities aiming to ensure disadvantaged 

students have access to high quality education. 

Despite these landmark efforts, much remains to be accomplished. Since the identification of a ‘‘rising tide of mediocrity’’ by 

the Reagan era report ‘‘A Nation at Risk,’’ we have seen a Federal 

focus on improving education outcomes, particularly for those students most at need. With the passage of the Improving America’s 

Schools Act (IASA) in 1994, the concepts of state-wide standards 

and setting goals for all students were introduced to Federal education policy. In 2001, Congress passed the No Child Left Behind 

Act (NCLB) which added accountability requirements to Federal 

education policy in pursuit of ESEA’s historic mission of supporting 

equitable access to education. With NCLB, our Nation said it was 

imperative that all students in every State, including those who 

are poor students, those who are minorities, those with disabilities, 

and those who are English learners, must have both the expectation to meet high academic standards and access to the teachers, 

materials, and other resources to have the opportunities to achieve 

those standards. No longer would students in one part of a State 

or even one part of a school district be subjected to lower expectations and fewer educational supports. 

NCLB brought with it not only high expectations for all students 

but requirements that schools must communicate to families and 

communities about how well, or in some cases, how poorly, schools 

were meeting the goals of preparing students. That reporting had 

to occur not only for a State or a school district but for each school 

and for each group of students within a school. No longer would 

States or districts or schools be able to serve most of their students 

well. With NCLB each State education system was held accountable for the outcome for all students. 

However, there were challenges with NCLB. The accountability 

goals established by NCLB were one-size-fits-all goals and did not 

take into consideration the needs of local districts. Likewise, in 

many cases the reporting requirements that made NCLB such a 

breakthrough were weakened by exempting thousands of schools 

from those requirements, thus denying families and communities 

crucial information by which to hold their local schools accountable. 

NCLB also contained a loophole that allowed valuable resources to 

be diverted from schools most in need of more support and used by 

schools with access to greater resources, thus denying the children 

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most in need the high quality education intended by the passage 

of ESEA in 1965. 

Within this context, the committee set forth to build on the 

strengths of previous Federal education policy and to forge new, 

stronger, more flexible partnerships with States, local school districts and the communities where children learn. With reporting 

out the Strengthening America’s Schools Act of 2013, it is the intent of the committee to forge these partnerships in order to jointly 

establish high expectations for all students and to provide States 

and local school districts with the resources and flexibility to meet 

those expectations, particularly for disadvantaged students. 

To address the educational needs of the country and to create 

stronger partnerships that enhance the opportunities for children 

throughout the Nation, the Strengthening America’s Schools Act of 

2013 builds on the work of the past 37 years and upholds the original intent of the Elementary and Secondary Education Act of 1965. 

Specifically, the SASA maintains the Federal commitment to equity and access to educational opportunities through continued 

transparency of data and the fair distribution of resources. State 

and local educational agencies will continue to be required to teach 

all students to rigorous standards that will prepare them for postsecondary education and for careers. Students will continue to be 

assessed in the areas of mathematics and reading, and results of 

those assessments will be reported to families and communities in 

order to provide them with information about the effectiveness of 

their local schools and the data to participate in the improvement 

of those schools. That assessment data will be reported by subgroups so that families and communities will also know how well 

schools are instructing all groups of students and will be able to 

target resources to those groups most in need. 

SASA also closes a loophole in the requirement of local school 

districts to ensure schools in the poorest areas receive at least as 

much funding as those in wealthier areas. In the past, local educational agencies have been permitted to use average teacher salaries to calculate the distribution of funds to schools. Under SASA, 

schools will need to use actual salaries to determine the level of resources each school is receiving. 

Decades of research have shown that providing high quality early 

education to children enhances their educational outcomes. SASA 

focuses greater attention than previous reauthorization bills on 

children during their early years, at the K–3 grades and before 

entry into school. The Act provides for greater access to high-quality literacy instruction in early childhood education programs and 

encourages States to provide full-day kindergarten if it is not yet 

available to families. SASA also encourages districts with the lowest performing schools to develop or expand early childhood education to increase the likelihood of children entering school ready 

to learn. 

SASA sets a goal of ensuring that all students are college- and 

career-ready when they graduate from high school and targets Federal intervention to the poorest performing schools in each State. 

The bill aims for a Federal role that is more focused, provides 

States and local educational agencies with more flexibility, and 

strives for more efficiency. It does this by focusing on teaching and 

learning, not unnecessary testing and sanctioning. SASA elimimstockstill on DSK4VPTVN1PROD with HEARINGS

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nates the Federal one-size-fits-all approach and replaces it with 

State-designed accountability systems, and allows States to identify 

their own performance targets and to design their own accountability systems to measure the academic growth of each child, and 

to include assessments in other subjects when measuring the performance of students. 

SASA recognizes that, day-to-day, it is teachers and principals 

who make the difference in the lives of their students. To that end, 

the committee has crafted SASA in such a way as to support teachers as they become as effective as possible for the students they 

serve. SASA requires States to craft professional development processes that provide teachers and school leaders with feedback about 

their instruction and management. That information comes from 

multiple sources, including student achievement, supervisor or peer 

observations and other sources such as student feedback. 

In addition, SASA would provide resources to improve teachers’ 

skills in the STEM subjects and prepare more teachers to work 

with the diverse learners in America’s schools, including students 

with disabilities and English learners. SASA also provides incentives to ensure that effective teachers and leaders are working with 

those children who are most in need. 

SASA consolidates dozens of small programs into larger, more 

comprehensive grant programs to help leverage better teaching and 

learning. These new programs—such as high school reform; literacy; STEM; and successful, safe and healthy students—will be 

more focused to support better results and leverage more improvements, while also providing greater flexibility to parents, schools, 

and States to adopt the best approach to improving the education 

of their children. This flexibility also allows States and local educational agencies to determine which interventions best fit their 

needs. 

While SASA consolidates many programs, it also maintains and 

improves programs designed to support special populations, including English learners, American Indian students, native Hawaiian 

students, native Alaskan students, neglected and delinquent children, children in foster care, and homeless students. The bill also 

supports students with disabilities as they participate in the general education experience and work to attain college- and careerreadiness alongside their peers. 

The SASA provides two other important tools for schools and for 

the communities they serve. The first is the expanded collection of 

critical data and a report, the equity report card, which will allow 

families to quickly determine how effective the school is at teaching 

children, the resources available to the school, and the school climate for learning. This information is a valuable tool for families 

and school personnel. The second is a prohibition on discrimination 

against students based on their sexual orientation, their perceived 

sexual orientation, or their association with another student based 

on their sexual orientation. This new protection will further enhance the learning environment of schools and allow for better academic outcomes for all students. 

In closing, the committee understands the Federal Government 

provides only a fraction, approximately 10 percent, of the overall 

funding for elementary and secondary education in the United 

States. As such, SASA once again reminds States that they are free 

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to choose to no longer participate in or accept Federal support for 

education. If, however, States decide to accept Federal resources, 

they must comply with the requirements associated with those 

funds. This has been the approach of Congress since the original 

passage of the Elementary and Secondary Education Act in 1965. 

The role of the Federal Government in education was clearly articulated in that original bill. That role, to promote economic and 

social opportunity through access to high quality education, is what 

drives the programs in SASA. 

II. LEGISLATIVE HISTORY AND COMMITTEE ACTION

PREVIOUS REAUTHORIZATION EFFORTS

During the 112th Congress, the Health, Education, Labor, and 

Pensions Committee, under the leadership of Chairman Harkin 

and Ranking Member Enzi, considered the Elementary and Secondary Education Reauthorization Act (S. 3578). In preparation for 

consideration of S. 3578, the committee held 11 hearings addressing 

ESEA issues. 

On October 20, 2011, after a 2-day executive session to markup 

the bill, S. 3578 was adopted by a roll-call vote of 15 ayes and 7 

nays. The bill was reported out of committee on September 20, 

2012. The bill was not brought to the Senate floor and died with 

the conclusion of the 112th Congress. 

HEARINGS

After S. 3578 was adopted by the committee, 7 additional hearings were held. Unlike the 11 hearings prior to consideration of 

S. 3578, these hearings addressed specific issues such as education 

technology, accelerated learning, and bullying in schools. The seven 

hearings culminated with a session examining the flexibility waiver 

process initiated by the Obama administration to address some of 

the concerns of States and districts related to the goals of NCLB. 

A brief description of each hearing, including witnesses, follows. 

Beyond NCLB: Views on the Elementary and Secondary Education 

Reauthorization Act (November 8, 2011) 

This hearing was held at the request of Senator Rand Paul and 

is the one exception to the issue specific approach the committee 

took to examine ESEA prior to the markup of S. 1094. This hearing 

was a roundtable with 10 witnesses. Its focus was on the overall 

impact of NCLB and what steps need to be taken to strengthen 

ESEA. Witnesses included: 

• Amanda Danks, a lead teacher at Wm. S. Baer School in Baltimore City public schools (Baltimore, MD), who shared her experiences with assessment of students focusing on formative data collection, teacher professional development to create highly effective 

teachers, and the need for high expectations for all students. 

• Pam Geisselhardt, a gifted and talented coordinator for 

Adair County schools (Columbia, KY), who spoke of the negative 

impact of NCLB on student instruction as it related to addressing 

the needs of students above and below the mean, and argued for 

more State and local control related to instruction of students and 

evaluation of teachers. 

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• Terry Grier, superintendent of Houston Independent School 

District (Houston, TX), who spoke about the importance of using 

professional development and teacher evaluation systems to retain 

highly effective teachers and replace poorly performing teachers. • Wade Henderson, president and CEO of The Leadership Conference (Washington, DC), who described the need to reauthorize 

ESEA while retaining performance targets for schools, districts, 

and States. He also emphasized that the role of the Federal Government in education policy is to ensure equitable distribution of 

resources to less well-off students and communities. • Frederick (Fred) Hess, resident scholar and director of education policy at the American Enterprise Institute (Washington, 

DC), who emphasized his point of view that the Federal Government should be responsible for collection of data and research related to education and should not be focusing on methods or strategies for improving the performance of teachers and schools. • Tom Luna, Idaho superintendent of Public Instruction (Boise, 

ID), who emphasized the critical need of ensuring high quality, effective teachers are available in each classroom and using both 

evaluation and pay for performance as methods for attracting, retaining and improving teachers. • Katherine (Katy) Beh Neas, senior vice president for Governmental Relations of Easter Seals (Washington, DC), who discussed the importance of including students with disabilities in the 

accountability process and the value of collecting and reporting 

school level data on the outcomes for students with disabilities. • Charles Seaton, a teacher at Sherwood Middle School in 

Memphis City schools (Memphis, TN), who spoke about the importance of ensuring all teachers in each classroom are effective teachers and the use of a supportive teacher and school leader evaluation system to foster the development of effective teachers. • Jon Schnur, co-founder and chairman of the board of New 

Leaders (New York, NY), who spoke about the need for high expectations for all students, the need for effective school leaders, the 

importance of performance targets for schools and districts, and 

more effective use of professional development funds. 

• Elmer Thomas, principal at Madison Central High School of 

Madison County school district (Richmond, KY), who spoke about 

the importance of removing the requirement of adequate yearly 

progress and allowing the use of a growth model when determining 

the proficiency of students and the effectiveness of teachers. 

The Promise of Accessible Technology: Challenges and Opportunities (February 2, 2012) 

This hearing focused on the use of technology in schools, from 

preschool through postsecondary education, and how accessibility of 

that technology has an impact on student achievement. While not 

solely focused on PK–12 education, the witnesses spoke to the accessibility of technology used in schools and how technology can 

make curriculum accessible to all students. The hearing was composed of two panels. The single witness on the first panel was Eve 

Hill, the senior counselor to the Assistant Attorney General for 

Civil Rights at the Department of Justice (Washington, DC). She 

emphasized the quick and vast transformation that is taking place 

in schools related to technology and cautioned that schools, from 

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early childhood programs through universities, must take care in 

adopting technology that is accessible to all students, and to demand of vendors and manufacturers technology, software, and support services that are accessible to all students. 

The second panel was composed of three witnesses, including: 

• Mark Riccobono, the executive director of the Jernigan Institute of the National Federation of the Blind (Baltimore, MD), who 

spoke about the technology in schools being both the possible avenue for access to information for all students or a barrier to a rigorous education if the technology is not accessible. • John B. Quick, superintendent of the Bartholomew Consolidated School Corporation (Columbus, IN), who described the importance of universal design for learning and how the adoption of accessible technology in his school district for all students has had 

positive outcomes for all students in terms of academic achievement as well as school attendance and positive social interactions. 

He reported that academic improvements have occurred not only in 

students with disabilities but also students eligible for free or reduced meals and students who are English learners. • Mark Turner, the director of the Center for Accessible Media 

and the Accessible Technology Initiative of the California State 

University System (Long Beach, CA), who spoke about the power 

of schools to influence the accessibility of hardware and software 

through their purchasing decisions. 

Effective Strategies for Accelerated Learning (April 18, 2012) 

This full committee hearing focused on accelerated learning approaches including competency-based curricula, advanced placement courses, dual-credit courses, and early college high schools. 

This full committee hearing consisted of one panel composed of the 

following witnesses: 

• Thomas W. Rudin, senior vice president for Advocacy in the 

Government Relations & Development at The College Board, reviewed the structure of advance placement courses, who takes 

them, and their impact on student achievement. He reviewed the 

participation rates and outcomes for students from low-income families and students of color. • Carolyn Bacon Dickson, executive director for the O’Donnell 

Foundation, The Texas AP Incentive Program (Dallas, TX) and 

member of the Board of Directors for the National Math and 

Science Initiative focused on the importance of having well-trained, 

qualified, and effective teachers as instructors for accelerated 

learning experiences. • Peter Winograd, director of the University of New Mexico 

Center for Policy Research (Albuquerque, NM) who focused on the 

impact of accelerated learning, the need for integrated data systems across preK–12 and post-secondary systems, and the need for 

collaboration within States between the preK–12 and postsecondary systems. • Marybeth Schubert, executive director for New Mexico Advanced Programs Initiative (Santa Fe, NM) who spoke of the advantage accelerated learning provided for students regarding their 

ability to complete a college degree. 

• Joel Vargas, vice-president for Jobs for the Future (Boston, 

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periences and to improve both the enrollment and retention of students from low-income families in post-secondary education programs. 

Bully-Free Schools: How Local, State and Federal Efforts Can Help 

(June 8, 2012) 

This full committee field hearing was held in the East High 

School Cafeteria in Des Moines, IA, and consisted of three panels. 

The first panel included the following witness: 

• Russlynn Ali, assistant secretary for Civil Rights for the U.S. 

Department of Education (Washington, DC) 

The second panel included the following witnesses: 

• Linda Calbom, western regional manager for the U.S. Government Accountability Office (Sammamish, WA) 

The third panel consisted of the following witnesses: 

• Penny Bisignano, consultant for Bullying Prevention and 

Intervention for the Iowa Department of Education (Des Moines, 

IA) 

• Emily Domayer, student at Morningside College (Sioux City, 

IA) 

• Paul Gausman, superintendent for the Sioux City community 

school district (Sioux City, IA) 

• Ellen Reilly, learning support specialist for Davenport community schools (Moline, IL) 

• Matt Shankles, student at Linn–Mar High School (Marion, 

IA) 

• Liz Siederquist, student at Des Moines area community college (Ames, IA) 

Beyond Restraint and Seclusion: Creating Positive Learning Environments for All Students (July 12, 2012) 

This full committee hearing consisted of one panel that included 

the following witnesses: 

• Dr. Daniel Crimmins, director of the Center for Leadership 

in Disability at Georgia State University (Atlanta, GA) 

• Ms. Cyndi Pitonyak, coordinator of Positive Behavioral Interventions and Supports for Montgomery County Public Schools 

(Christiansburg, VA) 

• Dr. Michael George, director of the Centennial School of Lehigh University (Bethlehem, PA) 

• Ms. Deborah (Debbie) Jackson, parent (Easton, PA) 

BEST: Building Education Success Together (October 19, 2012) 

This hearing was a full committee field hearing held at the 

Dena’ina Center in Anchorage, AK, organized and chaired by Senator Lisa Murkowski, and consisted of one panel that included the 

following witnesses: 

• Christopher Simon, rural education coordinator for the Alaska Department of Education and Early Development (Juneau, AK) 

• Peggy Cowan, superintendent of the North Slope Borough 

School District (Barrow, AK) 

• Rosita Worl, president of the Sealaska Heritage Institute (Juneau, AK) 

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• Doreen Brown, supervisor of the Title VII Indian Education 

Department for the Anchorage School District (Anchorage, AK) 

• Carl Rose, executive director for the Association of Alaska 

School Boards (Juneau, AK) 

• Sonta Hamilton Roach, teacher at the Innoko River School 

(Shageluk, AK) 

NCLB: Early Lessons from State Flexibility Waivers (February 7, 

2012) 

This hearing consisted of two panels. The first panel included 

Secretary of Education Arne Duncan. Secretary Duncan reported 

on the status of flexibility waivers for States that relieve them of 

some of the requirements of NCLB while requiring them to develop 

and implement college- and career-ready standards, develop and 

implement teacher and school leader evaluation systems, and enhance their student achievement accountability models. 

The second panel of this hearing included the following witnesses: 

• Terry K. Holliday, Kentucky commissioner of education (Lexington, KY), who testified to the need for reauthorization of ESEA 

and to the value of the NCLB flexibility waivers to allow his State 

to create a new, innovative accountability system based on more 

rigorous standards. He urged the committee to use the flexibility 

waiver process to inform the reauthorization of ESEA. 

• John B. King, Jr., New York commissioner of education 

(Slingerlands, NY), likewise emphasized the need for the reauthorization of ESEA and asked the committee to provide a framework 

and guidelines for setting goals and an accountability system. 

• Andrew R. Smarick, partner at Bellwether Education Partners (Lawrenceville, NJ), argued for a reduced Federal footprint in 

education policy and suggested waiting to reauthorize ESEA. He 

also suggested the role of the Federal Government should be to enhance the capacity of States to help local school districts set goals, 

monitor effectiveness and provide technical assistance. 

• Kati Haycock, president of the Education Trust (Washington, 

DC), who spoke in general support of the NCLB flexibility waivers 

but cautioned that accountability systems should focus on growth, 

proficiency and high school graduation. 

COMMITTEE CONSIDERATION

On June 4, 2013, the Strengthening America’s Schools Act 

(SASA) was noticed for markup and a draft was circulated to the 

committee. On June 11 and 12, 2013, the committee met in executive session to consider the bill. Forty amendments were filed with 

the committee. The committee took action on 23 amendments, 

adopting 10 of them and rejecting the remaining 13. One amendment was withdrawn. The bill, as amended, was adopted by a roll 

call vote of 12 ayes to 10 nays on June 12, 2013. 

Amendments Voted On During Executive Session 

1. Senator Alexander offered an amendment in the nature of a 

substitute to the Strengthening America’s Schools Act of 2013. The 

amendment was defeated by a roll call vote of 10 ayes to 12 nays. 

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AYES NAYS 

Alexander Harkin 

Enzi Mikulski 

Burr Murray 

Isakson Sanders 

Paul Casey 

Hatch Hagan 

Roberts Franken 

Murkowski Bennet 

Kirk Whitehouse 

Scott Baldwin 

Murphy 

Warren 

2. Senator Harkin offered an amendment to clarify that States 

are free from Federal requirements under part A of title I if the 

States choose to not receive funding under such part. The amendment was adopted by voice vote. 

3. Senator Enzi offered an amendment to title I–A to eliminate 

Federal guidelines about how States and local educational agencies 

identify and improve low-performing public schools. The amendment was defeated by a roll call vote of 10 ayes to 12 nays. 

AYES NAYS 

Alexander Harkin 

Enzi Mikulski 

Burr Murray 

Isakson Sanders 

Paul Casey 

Hatch Hagan 

Roberts Franken 

Murkowski Bennet 

Kirk Whitehouse 

Scott Baldwin 

Murphy 

Warren 

4. Senator Murray offered an amendment to title I–A to allow for 

the collection of data about military-connected students. The 

amendment was adopted by a roll call vote of 13 ayes and 9 nays. 

AYES NAYS 

Harkin Alexander 

Mikulski Enzi 

Murray Burr 

Sanders Isakson 

Casey Paul 

Hagan Hatch 

Franken Roberts 

Bennet Murkowski 

Whitehouse Scott 

Baldwin 

Murphy 

Warren 

Kirk 

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5. Senator Burr offered an amendment to eliminate programs related to early childhood, Promise Neighborhoods, Race to the Top, 

Investing in Innovation, and other programs. The amendment was 

defeated by a roll call vote of 9 ayes and 13 nays. 

AYES NAYS 

Alexander Harkin 

Enzi Mikulski 

Burr Murray 

Isakson Sanders 

Paul Casey 

Hatch Hagan 

Roberts Franken 

Kirk Bennet 

Scott Whitehouse 

Baldwin 

Murphy 

Warren 

Murkowski 

6. Senators Hagan and Warren offered an amendment to title I– 

A to increase learning time for schools receiving School Improvement Grants. The amendment was adopted by voice vote. 

7. Senator Alexander offered an amendment to eliminate the 

Federal highly qualified teacher requirement and encourage State 

and local educational agencies to develop and implement teacher 

and principal evaluation systems. The amendment was defeated by 

a roll call vote of 10 ayes to 12 nays. 

AYES NAYS 

Alexander Harkin 

Enzi Mikulski 

Burr Murray 

Isakson Sanders 

Paul Casey 

Hatch Hagan 

Roberts Franken 

Murkowski Bennet 

Kirk Whitehouse 

Scott Baldwin 

Murphy 

Warren 

8. Senator Franken offered an amendment to titles I, II and IV 

to promote dual enrollment programs and early college high 

schools, and for other purposes. The amendment was adopted by 

voice vote. 

9. Senator Scott offered an amendment to title I, co-sponsored by 

Senator Alexander, to restore and protect State authority and flexibility in establishing and defining challenging student academic 

standards and assessments. The amendment was defeated by a roll 

call vote of 10 ayes and 12 nays. 

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AYES NAYS 

Alexander Harkin 

Enzi Mikulski 

Burr Murray 

Isakson Sanders 

Paul Casey 

Hatch Hagen 

Roberts Franken 

Murkowski Bennet 

Kirk Whitehouse 

Scott Baldwin 

Murphy 

Warren 

10. Senator Burr offered an amendment to title II to change the 

formula funding for title II–A. The amendment was defeated by a 

roll call vote of 8 ayes and 14 nays. 

AYES NAYS 

Hagen Harkin 

Alexander Mikulski 

Enzi Murray 

Burr Sanders 

Isakson Casey 

Murkowski Franken 

Kirk Bennet 

Scott Whitehouse 

Baldwin 

Murphy 

Warren 

Paul 

Hatch 

Roberts 

11. Senator Murray offered an amendment to title I to require 

schools to collect and report data on interscholastic sports. The 

amendment was adopted by a roll call vote of 13 ayes to 9 nays. 

AYES NAYS 

Harkin Alexander 

Mikulski Enzi 

Murray Burr 

Sanders Isakson 

Casey Paul 

Hagen Hatch 

Franken Roberts 

Bennet Kirk 

Whitehouse Scott 

Baldwin 

Murphy 

Warren 

Murkowski 

12. Senator Murphy offered an amendment to title IV to provide 

financial assistance for school construction after a violent or traumatic crisis. The amendment was agreed to by voice vote. 

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13. Senator Isakson offered an amendment to title I to allow 

States to set the criteria for standards and assessments including 

establishing modified assessments for students with disabilities. 

The amendment was defeated by a roll call vote of 9 ayes to 12 

nays. 

AYES NAYS 

Alexander Harkin 

Enzi Mikulski 

Burr Murray 

Isakson Sanders 

Paul Casey 

Hatch Hagan 

Roberts Franken 

Kirk Bennet 

Scott Baldwin 

Murphy 

Warren 

Murkowski 

14. Senator Bennet offered an amendment to title XI, co-sponsored by Senators Hagen, Franken and Baldwin, to create an office 

of Rural Education within the Department of Education. The 

amendment was defeated by a roll call vote of 11 ayes and 11 nays. 

AYES NAYS 

Harkin Whitehouse 

Mikulski Alexander 

Murray Enzi 

Sanders Burr 

Casey Isakson 

Hagen Paul 

Franken Hatch 

Bennet Roberts 

Baldwin Murkowski 

Murphy Kirk 

Warren Scott 

15. Senator Baldwin offered an amendment to title I to require 

reporting of career and technical education programs. The amendment was adopted by voice vote. 

16. Senator Alexander offered an amendment to allow States the 

option to distribute title I funds using a per child formula. The 

amendment was defeated by a roll call vote of 10 ayes to 12 nays. 

AYES NAYS 

Alexander Harkin 

Enzi Mikulski 

Burr Murray 

Isakson Sanders 

Paul Casey 

Hatch Hagen 

Roberts Franken 

Murkowski Bennet 

Kirk Whitehouse 

Scott Baldwin 

Murphy 

Warren 

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17. Senator Baldwin offered an amendment to title IV to amend 

part C to include agricultural education programs as a covered subject. The amendment was adopted by voice vote. 

18. Senator Roberts offered an amendment to title IX, co-sponsored by Senators Alexander and Enzi, to limit the authority of the 

Secretary to issue waivers to specific State and local educational 

agency requests. The amendment was defeated by a roll call vote 

of 10 ayes to 12 nays. 

AYES NAYS 

Alexander Harkin 

Enzi Mikulski 

Burr Murray 

Isakson Sanders 

Paul Casey 

Hatch Hagen 

Roberts Franken 

Murkowski Bennet 

Kirk Whitehouse 

Scott Baldwin 

Murphy 

Warren 

19. Senator Warren offered an amendment to title V, co-sponsored by Senator Franken, to establish a college information demonstration program. The amendment was adopted by voice vote. 

20. Senator Paul offered an amendment, co-sponsored by Senator 

Scott, to allow States the option to distribute title I funds using a 

per child formula. The amendment was defeated by a roll call vote 

of 8 ayes and 14 nays. 

AYES NAYS 

Alexander Harkin 

Enzi Mikulski 

Burr Murray 

Isakson Sanders 

Paul Casey 

Hatch Hagen 

Roberts Franken 

Scott Bennet 

Whitehouse 

Baldwin 

Murphy 

Warren 

Murkowski 

Kirk 

21. Senator Roberts offered an amendment to title V to repeal 

the Race to the Top program. The amendment was defeated by a 

roll call vote of 10 ayes to 12 nays. 

AYES NAYS 

Alexander Harkin 

Enzi Mikulski 

Burr Murray 

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AYES NAYS 

Isakson Sanders 

Paul Casey 

Hatch Hagen 

Roberts Franken 

Murkowski Bennet 

Kirk Whitehouse 

Scott Baldwin 

Murphy 

Warren 

22. Senator Murkowski offered an amendment to title VII to 

amend the Elementary and Secondary Education Act of 1965 relating to Alaska natives. The amendment was adopted by voice vote. 

23. Senator Isakson offered an amendment to title I to maintain 

strong State and local reporting on the performance of schools and 

limit increased and burdensome reporting requirements. The 

amendment was defeated by a roll call vote of 9 ayes to 13 nays. 

AYES NAYS 

Alexander Harkin 

Enzi Mikulski 

Burr Murray 

Isakson Sanders 

Paul Casey 

Hatch Hagen 

Roberts Franken 

Murkowski Bennet 

Scott Whitehouse 

Baldwin 

Murphy 

Warren 

Kirk 

Amendment Offered and Subsequently Withdrawn 

1. Senator Warren offered and then withdrew an amendment to 

title I regarding the oversight of public charter schools. 

III. EXPLANATION OF BILL AND COMMITTEE VIEWS

TITLE I, PART A: ENSURING COLLEGE- AND CAREER-READINESS FOR

ALL STUDENTS

The committee bill updates current law to reflect what has been 

learned in the 12 years since the No Child Left Behind Act (NCLB) 

was enacted, while maintaining the essential accountability elements under that iteration of the law. 

STATE RESERVATIONS

The committee has changed the amount of funds a State can reserve from subpart 2 of part A from 4 percent to 6 percent in recognition of the fact that States must build capacity to provide local 

educational agencies with technical assistance to improve teaching 

and learning, and to provide support to LEAs to implement the responsibilities described in section 1116. 

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STATE PLAN AND STATE AND LOCAL REQUIREMENTS

Requirements for College- and Career-Ready Standards 

The committee bill requires each State to adopt college- and career-ready standards. A child’s education should lead to success in 

postsecondary education and the workforce. By 2014, it is projected 

that 75 percent of new jobs in America will require a postsecondary 

degree, and a college graduate today is projected to make 77 percent more per hour than a worker with a high school diploma. 

While the committee recognizes that not every high school graduate will attend a 4-year college, every high school graduate should 

be prepared for entering a post-secondary education program without the need for remediation and be ready to enter an entry level 

job in a high-need, high-demand profession. 

The committee bill describes, in section 1111(a)(1)(A)(ii), three 

options for States to use to ensure that academic standards are 

‘‘college- and career-ready’’: alignment with credit-bearing 

coursework at public institutions of higher education, alignment 

with career and technical education standards consistent with the 

State performance measures developed in accordance with the Carl 

D. Perkins Career and Technical Education Act of 2006, and appropriate career skills. The committee also allows for States to adopt 

standards that have been developed and voluntarily adopted by a 

significant number of States. States must implement content 

standards in reading or language arts and mathematics by December 31, 2014, and adopt academic achievement standards by the beginning of the 2015–16 school year. 

The committee bill protects States’ rights in defining academic 

content and achievement standards while also ensuring that States 

are setting high academic expectations for all students. Section 

1111(a)(1)(A)(ii) requires the State to demonstrate, as part of their 

title I plans, that their academic content and achievement standards are aligned with the expectations of college- and career-readiness. 

Section 1111(a)(1)(H) reinforces that the Secretary or any other 

Federal officer or employee may not mandate, direct, or control a 

State’s academic content or achievement standards. The committee 

understands that the Secretary of Education will continue to review evidence submitted by the States related to the quality of 

their academic standards. The Department of Education has released guidance to States that details the evidence that can be submitted and the committee intends for this practice to continue as 

States adopt college- and career-ready standards. 

The committee intends for the term ‘‘appropriate career skills’’ in 

section 1111(a)(1)(A)(ii)(III) to encompass higher-order thinking 

skills, including but not limited to the ability to apply knowledge 

to new situations, think critically, problem solve, communicate 

orally and in writing, exhibit creativity and innovate, as well as 

digital literacy and the ability to use workplace technology effectively. These are essential skills for students to develop in order to 

succeed after graduation from high school. These are also the skills 

that will enable graduates to succeed in private-sector training environments that account for most post-secondary training in the 

United States. 

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In section 1111(a)(1)(A)(ii)(IV) the committee intends for standards developed and adopted by a consortium of States to meet the 

requirement for college- and career-ready standards. 

Alternate Academic Achievement Standards for Students with the 

Most Significant Cognitive Disabilities 

It is the intent of the committee to ensure that all students are 

held to the highest possible standards in order to be prepared for 

entry into postsecondary education and careers. The committee recognizes, with section 1111(a)(1)(D), that general education standards are not appropriate for a very small percentage of students 

with the most significant cognitive disabilities. This group of students comprises less than 1 percent of the overall student population. The committee’s intent is to ensure that a parallel, challenging, appropriate, and aligned set of standards are available for 

this group of students. The committee also intends for students 

with disabilities who do not have the most significant cognitive disabilities to be held to the general education standards with the 

supports, accessibility, and accommodations they need to achieve 

such standards, including multi-tier systems of support. This includes students with learning disabilities, mild and moderate intellectual disabilities and multiple disabilities that include cognitive 

disabilities. 

Because of the advances in assessment construction and the determination of accommodations that do not lessen the reliability 

and validity of assessments, the committee has placed an explicit 

prohibition on the development and use of any alternate academic 

standards other than those to be used with students with the most 

significant cognitive disabilities. The committee understands that 

to create additional alternate academic standards would decrease 

academic expectations for a large subset of students and reduce 

their likelihood of graduating with a standard high school diploma. 

English Language Proficiency Standards 

The committee bill requires States to adopt high-quality English 

language proficiency (ELP) standards by December 31, 2015. States 

must also demonstrate that the standards are aligned with the 

State’s academic content standards in reading or language arts; ensure proficiency in English for each of the domains of speaking, listening, reading, and writing; identify at least 4 levels of English 

proficiency; and ensure that the ELP standards are updated not 

later than 1 year after the State adopts any new academic content 

standards in reading or language arts. 

Early Learning Guidelines and Early Grade Standards 

The committee recognizes the critical importance of early learning and its contribution to the positive long-term outcomes for children. If a State chooses to use title I–A funds to support the early 

education of low-income children, a State must certify that it has 

in existing culturally, linguistically, and developmentally appropriate guidelines that describe what young children from birth to 

5 should know and be able to do before they enter kindergarten. 

Such guidelines must be informed by research and developed in 

consultation with other relevant departments and agencies in the 

State that support early childhood education programs. Further, 

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the committee asks States that use Title I–A to develop, or certify 

the existence of, developmentally appropriate standards for students in the early elementary grades to ensure that such standards 

reflect how children develop and learn the requisite skills and content from the early grades onward. 

Academic Assessments 

As States transition to college- and career-ready standards, 

States are required under section 1111(a)(2) to implement assessments aligned to those standards. Current assessments are unlikely to accurately measure the knowledge and skills needed to 

succeed in the globally competitive economy. To address the need 

for new assessments aligned to college- and career-ready standards, 

many States have joined together to develop higher quality assessments. The committee bill requires that statewide assessments continue to be administered annually in reading or language arts and 

math for grades 3 through 8, and at least once during grades 10 

through 12. State assessments must also include English language 

proficiency assessments. If a State chooses to use them, these assessments must also include alternate assessments for students 

with the most significant cognitive disabilities. 

Statewide assessments must continue to be administered in 

science at least once during grades 3 through 5, 6 through 9, and 

10 through 12, and States must disaggregate and report on student 

achievement data. 

The next generation of statewide assessments must align with 

college- and career-ready standards and thus measure the knowledge, skills, and competencies students need to succeed in the 21st 

century. These assessments should involve multiple measures of 

student academic achievement, including measures that assess 

higher-order thinking skills and understanding, and should be capable of measuring student academic growth. 

The committee bill includes language to allow States to use multiple assessments over the course of the year to measure student 

knowledge, so long as the scores from these assessments culminate 

in a score equivalent to that of a single summative assessment. 

States are permitted to use portfolios, projects, extended performance tasks, and other valid and reliable methods as part of the 

process of assessing student proficiency through multiple measures. 

Assessments should be developed and implemented with the intent of including all students, including those with disabilities and 

those who are English learners. Assessments should be developed, 

from inception, using the principles of universal design. They 

should also be developed with accommodations that result in valid 

and reliable measure of student proficiency while permitting the 

greatest possible access for students with disabilities. 

Computer adaptive assessments that measure, at a minimum, 

whether each student is meeting or exceeding the on-track level of 

performance for the State academic content standards for the student’s grade level, may be used. A State may measure the student’s 

level of performance in the grades above or below the student’s 

grade level, which may include a student’s growth at such levels, 

so long as grade-level items are used for determining if a student 

is on track for college- and career-readiness. Computer adapted assessments would still need to reliably and validly test all students 

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on the full-range of grade-level content and at the same levels of 

cognitive complexity. 

A common and recurring criticism of NCLB is that it has led to 

too much student testing. The committee bill maintains current 

law and continues to require only one annual assessment in both 

reading or English language arts and mathematics, and a science 

assessment in each grade span. To address the criticism about 

over-testing, this bill requires States to regularly analyze assessment and accommodations practice and use, and to eliminate duplicative assessments identified by such analyses. With this data, the 

committee intends for States and LEAs to use this data to accurately determine the source of required assessments and to find the 

opportunities to reduce the testing load on schools, teachers and 

students. In addition, in the reporting section of title I (section 

1111(d)(3)), the bill requires States and LEAs to inform families 

and communities what assessments are required of students and 

whether that requirement is Federal, State or local. 

The committee sees significant value in providing additional 

transparency in reporting. Thus the bill requires cross-tabulation of 

data to be made publicly available regarding student academic performance and graduation rates for each school, LEA and the State 

for every combination of two of the subgroups described in subsection (a)(2)(B)(x), such that data for all permutations of two subgroups will be reported. States may, but will not be required to, 

cross-tabulate performance data for permutations of three or more 

subgroups. 

Assessing English Learners 

States must include in the academic assessment of reading or 

language arts (using tests written in English) any student who has 

attended school in the United States (not including Puerto Rico) for 

3 or more consecutive school years. An LEA may, on an individual 

basis, assess such students identified as English learners in a language other than English for no more than 2 years, if such student 

has not yet reached a level of English language proficiency sufficient to yield valid and reliable information on what such a student 

knows and can do on reading or language arts tests written in 

English. Continuation of these policies will provide the information 

needed to determine if English learners are college- and careerready. 

Each State must also ensure that, by 2015–16, English learners 

will be assessed for their level of English proficiency. English proficiency assessments must be aligned with the State’s English language proficiency standards and reflect academic language necessary for students to graduate high school college- and careerready. 

Alternate Assessments for Students With the Most Significant 

Cognitive Disabilities 

The committee has provided States with the option, in section 

1111(a)(2)(E), to create alternate assessments to measure the academic proficiency of students with the most significant cognitive 

disabilities on alternate academic achievement standards. Based on 

research that indicates students with the most significant disabilities comprise less than 0.6 percent of the student population, it is 

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the intent of the committee that no more than 1 percent of all students in an LEA and no more than 1 percent of the students in the 

State would be assessed using alternate assessments. The committee recognizes that in some LEAs there are concentrations of 

students with the most significant disabilities and this 1 percent 

limitation does not extend to individual schools. 

State-designed Accountability Systems 

The committee intends for each State to design and implement 

a single state-wide school, LEA, and State accountability system to 

designate the effectiveness of each entity. The accountability system must be able to differentiate the effectiveness of all schools 

and LEAs in the State regarding the proficiency of students in 

English language arts/reading, mathematics, and English language 

proficiency, as well as student growth. For high schools, the accountability systems must also be able to differentiate the effectiveness of schools and LEAs regarding graduation rates. The accountability systems must be able to report results for the total student 

population within a school, LEA or the State, as well as to 

disaggregate the results for the subgroups of students by each 

major racial and ethnic group, English proficiency status, disability 

status, and economic status. Schools, LEAs and States must report 

academic results for all subgroups with 15 or more students in a 

subgroup. 

Academic Growth 

It is the intent of the committee to ensure that assessment of 

student academic skills includes not only grade-level proficiency 

but also student academic growth. State accountability systems 

must be able to report the number and percentage of students 

meeting or exceeding grade-level standards, the number and percentage of students below grade-level academic proficiency and 

achieving sufficient academic growth, and the number and percentage of students below grade-level proficiency and not achieving sufficient academic growth. 

The committee has defined academic growth in order to acknowledge the significant effort and accomplishment of the many educators throughout the country who provide high quality instruction 

that significantly advances student academic achievement. A State 

may define sufficient academic growth as achievement that will result in the student being grade-level proficient within 3 years, 

being grade-level proficient within a grade space (i.e., 3–5, 6–8, 9– 

12), or a similar rigorous definition negotiated between the State 

and the Secretary. 

Performance Targets 

The committee recognizes that the single, one-size goal of NCLB 

and the accompanying penalties were harmful to the ability of 

schools to effectively serve all students. The committee, however, is 

resolute that schools, LEAs and States must set ambitious goals 

that include continuous, aggressive improvement in student academic proficiency. The committee knows that educators throughout 

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gies and interventions from data collected to determine how effective a school, LEA and State is at meeting their goals. 

Some educators and policymakers contend that transparency of 

effectiveness is sufficient to ensure continuous improvement of effective academic instruction. The committee, however, believes that 

goals for all groups of students, with a timeline, in combination 

with transparency of effectiveness results in far better outcomes for 

students, schools, and districts. 

The committee, therefore, has required in this bill that all States 

must set annual performance targets for schools, LEAs and the 

State itself. The performance targets must apply to all subgroups 

of students and must result in the same outcome for all students 

within the same period of time. The performance targets must also 

be ambitious, resulting in significant increases in the number and 

percentage of students academically proficient in each subgroup. 

The performance targets must include students’ grade-level proficiency, student academic growth, English language proficiency 

and growth, and, for high schools, graduation rates. For the purposes of the accountability system, no more than 1 percent of the 

students with the most significant cognitive disabilities may be assessed and their results considered in the accountability system 

using the State’s alternate assessment. 

States may choose to track and report other measures of academic effectiveness. The committee recognizes that such variables 

as participation and achievement in Advanced Placement courses 

or college enrollment rates can be useful measures of student success, however, the variables of student proficiency, growth, graduation, and English proficiency are intended to be the primary measures of success of a school with students and all subgroups of students. 

States may choose their performance targets from one of three 

categories. They may choose to continue the goals they have set in 

their approved flexibility plans granted by the Department of Education to allow relief from some of the provisions of NCLB. They 

also may set performance targets based on all students achieving 

academic proficiency to the level that the top 10 percent of their 

students achieve during the first year of implementation of this 

Act. Alternatively, States may choose to set their own performance 

targets that are as ambitious as either of the first two options, and 

must be negotiated with the Secretary. 

State Plans 

For any State wishing to receive title I, part A funds, a State 

plan describing how the State and its LEAs will meet the requirements of this Act, and how the State will coordinate the activities 

with related Federal programs, is required. The committee particularly urges SEAs that provide funding for kindergarten to create a 

plan to expand the availability of full-day kindergarten throughout 

the State. Also as part of the plan, SEAs are urged to create a plan 

to assist LEAs in identifying and serving students who are gifted 

and talented. 

The committee’s intent is for the first State plans to be submitted 1 year after enactment of this Act and every 4 years subsequent. 

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Equitable Distribution 

Research shows that teachers are the most important in-school 

factor driving student achievement. The committee believes that 

LEAs should do all they can to use data to address inequities in 

teacher quality between schools. The committee strongly believes 

that LEAs should be most concerned with the distribution of effective teachers across schools in order for all children to have access 

to high quality instruction. 

During the first year of the implementation of this Act, SEAs 

must include in their State plans a process for ensuring equitable 

distribution of effective teachers among all schools. Recognizing 

that all SEAs will not have teacher evaluation systems in place, 

SEAs may use other variables to substitute for teacher effectiveness. These may include teacher qualifications, length of teacher 

experience, and teacher subject certification. By the 2015–16 school 

year, all SEAs must begin to use teacher evaluation data, as described in title II, part B, to determine equitable distribution of effective teachers. 

State Parent and Family Engagement Plan 

The committee believes there is great value in the involvement 

of parents in their children’s education. The committee bill (section 

1111(c)) strengthens current law by expanding such involvement to 

appropriate family members. This shift is intended to acknowledge 

the role that non-custodial family members play in the life of a 

child. States are required to develop a statewide parent and family 

engagement strategy, which must prioritize increasing engagement 

in high-need LEAs and schools. States are responsible for ensuring 

coordination of parent and family engagement activities across the 

State, including between the State and the State Advisory Council 

on Early Childhood Education and Care described in the Head 

Start Act and, as applicable, between the State and the Parent and 

Family Information and Resource Center described in title IV, as 

well as among the Federal, State, and local levels. The committee 

is particularly interested in coordination between States and State 

Advisory Councils on Early Childhood Education and Care, as 

alignment of these activities is a key leverage point for increasing 

school readiness among young children. Finally, States must provide technical assistance and professional development to highneed LEAs regarding parent and family engagement. 

ANNUAL STATE REPORT CARDS

One of the most important advances in accountability that was 

the result of NCLB was the collection of data regarding student 

academic proficiency and the requirement to report that data publicly in a manner consumable by parents, families and the general 

public. The committee whole-heartedly supports the continuation of 

reporting student academic proficiency and believes the reporting 

of other data will help hold States, LEAs and schools accountable 

to their stakeholders and will ensure they are held accountable for 

all students served. 

SASA continues the data collection and reporting requirements 

from NCLB and adds a number of significant requirements. 

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Equity Report Card 

Most significantly, SASA requires SEAs and LEAs to create an 

‘‘Equity Report Card’’ (ERC). This is intended to be an easily understandable report of key characteristics of a school or LEA that 

can be compared among schools across a State in order to give parents and family members the ability to determine which school 

might be best for their children. The ERC must include five pieces 

of information: student proficiency by subgroup, school funding by 

sources, high school graduation rates, educational opportunities 

available at a school (e.g., pre-kindergarten, International Baccalaureate programs), and school climate information. SEAs and 

LEAs may choose to include other variables, however, these five 

variables should be clearly identifiable to parents and families. 

School Athletic Data 

Through an amendment offered by Senator Murray, the committee has added the requirement for schools to report the resources expended on athletics by gender. The committee’s intent is 

that: (1) information on equipment shall include any equipment replacement schedule; (2) uniform information shall include any uniform replacement schedule; (3) facilities shall include medical facilities, locker rooms, fields, and gymnasiums; (4) total expenditures for the team from all sources shall include school funds and 

funds provided by any other entities, such as booster organizations; 

(5) the employment status of coaches, trainers and medical personnel shall include whether such person is assigned to the team 

full-time or part-time, and whether such person is a head or assistant coach, trainer or medical services provider; and (6) the total 

salary expenditures for coaches, the total number of coaches, and 

for each coach an identification of such coach’s gender, employment 

status (including whether such coach is assigned to the team fulltime or part-time, and whether such coach is a head or assistant 

coach), and duties other than coaching, shall be collected. Salary is 

only to include institutional pay. 

Military-connected Student Data 

Also by an amendment offered by Senator Murray, the committee 

added collection of information regarding students who are military-connected. The committee’s opinion is that this group of students is often highly mobile and information about their enrollment 

and outcomes is critical to serving them well. For the purposes of 

the data collection and reporting, ‘‘military-connected students’’ are 

defined as public school students with parents or guardians who 

serve in the Active Duty, National Guard or Reserve Forces. 

FEDERAL PARAMETERS FOR STATE-DESIGNED ACCOUNTABILITY

SYSTEMS

The committee recognizes that accountability systems that are 

more tailored to the needs and strengths of States and LEAs may 

be more successful at leveraging improvements in student achievement than the one-size-fits-all approach of the No Child Left Behind Act. However, it is important that in designing these systems 

certain principles be maintained. The committee bill includes Federal parameters for State-designed accountability systems that 

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offer flexibility while, at the same time, requiring States to set expectations for progress towards student college- and career-readiness. 

Included in these requirements are systems that are capable of 

identifying schools not meeting subgroup performance targets, 

schools that are under-performing for more than 3 years, and 

schools that are the lowest achieving schools in the State in terms 

of student academic proficiency and, for high schools, graduation 

rate. 

One problem with NCLB was its focus on schools that were 

chronically underperforming at the expense of schools that may 

have been performing well overall but were not serving one particular subgroup of students well. The committee intends for accountability and consequences to be applied to all schools for all 

subgroups, thus the requirement in section 1111(a)(3)(C) to create 

performance targets for every subgroup in every school. Beginning 

in the 2015–16 school year, every school not meeting its annual 

performance target for a subgroup for 2 years in a row must, in 

conjunction with its LEA, create a locally designed intervention to 

improve student achievement in that subgroup. If the school continues to not meet performance targets in the same subgroup for 

3 additional years the school must work with the SEA to improve 

subgroup performance. The committee emphasizes that underperformance of a subgroup at schools successful with the balance 

of their students is a concern and must be addressed by the school, 

the LEA and, ultimately, the SEA. 

Priority Schools 

Beginning in 2015–16, SASA requires SEAs to identify the 

lowest achieving 5 percent of elementary schools in the State, the 

lowest achieving 5 percent of secondary schools in the State, each 

public high school with a graduation rate less than 60 percent, and 

each school that has been a focus school for the previous 6 years. 

LEAs must notify parents if their child’s school is identified as a 

priority school. States must compile the list of priority schools and 

make it publicly available. Schools that are identified as priority 

have a 5-year period for turnaround. States may apply to the Secretary for a waiver of the requirements for priority schools if they 

determine that all schools are performing at a satisfactory level 

based on student achievement and, at the high school level, graduation rates. 

This bill envisions LEAs playing a critical role in setting supporting conditions for priority schools to improve. LEAs must conduct a needs analysis for each identified school. LEAs must collaborate with parents, the community, teachers and other school personnel, and may work with an external partner, to determine 

which school strategies to implement in each identified school. 

LEAs must also implement a series of policies and practices to help 

these schools succeed, such as providing school staff with professional development based on the needs analysis, conducting regular 

teacher and principal evaluations, and providing time for collaboration among instructional staff. 

LEAs are also required to provide instructional staff with timely 

access to student data and to use such data to implement a research-based instructional program that analyzes student progress 

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and performance and includes appropriate interventions for students. Recognizing that some elementary schools may be low-performing because students enter kindergarten below grade level and 

may have trouble catching up, the bill requires that, in the case of 

an elementary school with kindergarten entry, the needs analysis 

specifically measure school readiness of entering students. If school 

readiness is an issue, the LEA and school must coordinate with appropriate early childhood education programs and develop a plan 

to improve or expand early childhood options. 

Focus Schools 

SASA also requires SEAs to identify Focus schools, those schools 

that are not priority schools and that are in the 10 percent of 

schools with the greatest achievement gaps among subgroups. In 

addition, focus schools will also be identified from non-priority 

schools that are in the 10 percent of high schools with the greatest 

graduation rate gaps among subgroups. 

In order to address these gaps in student achievement and graduation rates, the LEA, in accordance with the school, must develop 

and implement a measurable, data-driven plan to improve student 

outcomes. 

The committee believes it is reasonable to expect a narrowing of 

any identified achievement gap within a 3-year period. Therefore, 

this bill puts additional pressure on LEAs that have not seen improvements by making any LEA with an achievement gap school 

that has been identified for three consecutive years ineligible for 

any priority, preference or special consideration for any grant, 

subgrant or other ESEA-funded program. 

Multi-Tier Systems of Support 

The committee encourages States and LEAs to develop and adopt 

the use of multi-tier systems of supports (MTSS) for students. 

These are comprehensive systems of differentiated supports that 

include evidenced-based instruction, universal screening, progress 

monitoring, formative assessments, and research-based interventions matched to student needs upon which educational decisionmaking using student data can occur. The committee also encourages the use of the principles of universal design for learning 

(UDL) and school-wide positive behavioral interventions and supports (PBIS) to create positive conditions for learning. The use of 

these approaches is beneficial for priority and focus schools as well 

as for schools not meeting the performance targets for subgroups 

of students. 

State Reservation for School Improvement 

To build State and LEA capacity for turning around low-performing schools, this bill allows the flexibility for States to continue 

to reserve up to 4 percent of their title I, part A, funds to carry 

out State and LEA responsibilities under section 1116. Ninety-five 

percent of the reserved amount must be used to carry out school 

improvement, either through subgrants or, with an LEA’s agreement, directly by the State. 

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Public School Choice 

In order to provide families with access to high quality education 

for their children, LEAs must provide students enrolled in priority 

schools with the option to transfer to another public school operated by the LEA, unless such an option is prohibited by State law. 

LEAs must provide this option not later than 3 months before the 

first day of the school year following identification. LEAs must also 

give transfer priority to the lowest achieving children from low-income families. 

Transferring students must be enrolled in classes and other activities in the same manner as all other children at the public 

school. LEAs must allow a child who transfers to another public 

school to remain in that school until the child has completed the 

highest grade in such school. 

School Improvement Strategies 

The committee is sensitive to complaints about the prescriptive 

nature of the accountability provisions in the No Child Left Behind 

law. The committee also recognizes that the strict one-size-fits-all 

approach that was represented by AYP provisions has not led to 

improvement in many identified schools, particularly as the number of identified schools increase as the 2014 proficiency deadline 

approaches. To address these concerns, the committee bill focuses 

the federally prescribed interventions only for priority schools. The 

committee believes these schools are in need of significant change 

because many of them have been failing to improve student 

achievement for decades. To improve student achievement in 

schools identified as priority schools, the committee bill requires 

LEAs to implement an evidenced-based turnaround strategy in 

each identified school. To address many of the concerns the committee has heard about requiring specific models, including those 

models currently in place under guidance for the School Improvement Grant (SIG) program, the bill provides LEAs multiple models 

from which to select, including flexibility for rural LEAs. It also 

adds a set of LEA-level requirements to make the success of the 

strategies more likely. The six improvement strategies include: 

Transformation Strategy: The transformation strategy requires 

LEAs to replace the principal (if the principal has served in that 

role for more than 2 years) with a principal who has a record of 

success in increasing student achievement, or with a principal who 

is specially trained in turning around low-performing schools. This 

element is shared with the strategic-staffing and turnaround models. The committee believes that staff working in priority schools 

must be committed to implementation of the transformation strategy. Therefore, under this strategy, existing instructional and 

school leadership staff must reapply for their positions, and all instructional and school leadership staff hiring must be done at the 

school through mutual consent for at least the duration of the 5- 

year turnaround period. The term ‘‘mutual consent’’ means a process through which the principal or hiring team and the instructional staff member or school leadership staff member agree to the 

placement at a school. The principal or hiring team must be permitted to select instructional and school leadership staff for the 

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didates based on an assessment of the qualifications of the individual candidates. 

Turnaround Strategy: This strategy also recognizes the importance of human capital in turning around priority schools. As in 

the transformation and strategic staffing models, it requires that 

the school replace the principal (if the principal has served in that 

role for more than 2 years) with a principal who has demonstrated 

a record of success in increasing student achievement or is specially trained in turning around low-performing schools. It also requires that all of the teachers in the school be determined to be effective instructors and that not more than 65 percent be retained. 

Whole School Reform Strategy: The whole school reform strategy 

requires the implementation of an evidence-based strategy that ensures whole school reform. It must include a partnership with a 

strategy developer offering a school reform program that has demonstrated at least a moderate level of evidence, as shown by more 

than one well-designed or well-implemented experimental or quasiexperimental study, and demonstrated that the program will have 

a statistically significant effect on student outcomes. The committee expects the Department of Education to determine which 

strategies meet these requirements, which could include use of the 

What Works Clearinghouse. The committee recognizes that a limited number of models have achieved this level of evidence, but 

hopes that strategy developers will begin to undertake the evaluation necessary for their reforms to qualify. 

Restart Strategy: Under the restart strategy, priority schools 

must convert to a charter, innovative, or magnet school. The committee believes that providing LEAs with the opportunity to convert a priority school to a magnet school or to create a new, innovative school, particularly in States that do not have charter school 

laws, provides additional flexibility to LEAs. In fact, schools in 

Lansing, MI; Cambridge, MA; Fort Meyers, FL; and Clark County, 

NV have improved performance in struggling schools by converting 

those schools into magnet schools. Schools that are converted to 

charter schools must work in partnership with a nonprofit charter 

school operator, a nonprofit charter management organization, or a 

nonprofit education management organization that has a demonstrated record of improving student achievement for students 

similar to those served by the school. 

The committee recognizes that restarting a school is disruptive 

for students enrolled in the school that is being converted and believes LEAs must prioritize the learning needs of the students in 

these schools. Therefore, LEAs that implement the restart strategy 

must ensure that the new school serves the same grade levels as 

the original school and enrolls any former student of the original 

school who wishes to attend. Additional students would be admitted by a random lottery system if more students apply for admission than can be accommodated. 

School Closure Strategy: The school closure strategy requires 

LEAs to close the priority school and enroll the students in other 

schools, which may include charter schools that are within reasonable proximity to the closed school. The committee expects LEAs to 

enroll these students in high-performing schools not schools slightly better than the closed school. 

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Department of Education-Approved Strategy: In recognition that 

there may be State level circumstances that influence the ability to 

turnaround school performance, the committee crafted SASA to 

allow States to offer a school improvement strategy for priority 

schools that is both evidence-based and has been approved by the 

Department of Education. The committee expects the Department 

of Education to approve only comprehensive evidence-based models 

that include a combination of key elements. The committee’s intent 

is that this model cannot be used for the provision of private-school 

vouchers. 

Improvement in Priority Schools 

The committee recognizes that some priority schools will improve 

at a faster rate than others. States may want the flexibility to shift 

resources among schools during the identification period. Therefore, 

SASA provides that, at any time during the 5-year period, schools 

that have improved sufficiently would not continue to be identified 

by the State as a priority school. These schools may continue to receive such grant funds as are necessary for the full period of the 

grant so that these improvements can be sustained. However, the 

committee believes that schools that continue to be classified as a 

priority school after 3 years must implement the restart or schoolclosure strategy to ensure significant change in governance. A 

waiver can be obtained from the Secretary if the community conducts a needs assessment and determines a model different from 

closure or restart is likely to improve academic achievements at the 

school. 

Professional Development Activity Reports 

The committee recognizes the vast amount of excellent intervention work that is taking place in schools throughout the country. 

In order to collect and disseminate information regarding effective 

school improvement practices, SASA requires that LEAs collect information about how title II, part A professional development funds 

are used to improve school performance in priority schools that do 

not receive School Improvement Grants, and the outcomes from the 

practices. SEAs are required to disseminate these practices in order 

for all schools to benefit from the investment of professional development funds. 

School Improvement Funds 

The committee bill continues to support priority schools from two 

different sources—authorization of the School Improvement Grant 

(SIG) program and the required 4-percent set aside from title I, 

part A, funds at the State level for technical assistance and support 

for LEAs. Entities that may receive grant funds from the SIG include a State, a LEA that receives funds under this part and serves 

at least one eligible school, a consortium of such LEAs, or an educational service agency that serves at least one LEA. 

States that receive school improvement funds must use 95 percent of these funds to carry out school improvement activities for 

eligible schools by either (1) awarding subgrants, on a competitive 

basis, to eligible entities for these activities; or (2) if the State 

chooses and the LEA agrees, directly providing the activities to the 

eligible school and LEA, or arranging for other entities to provide 

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such activities to the school. Subgrants are awarded for a 5-year 

period. 

LEAs must meet certain key conditions in order to receive funds. 

They must demonstrate that they have: 

• adopted human-resource policies that prioritize the recruitment, retention, and placement of effective staff in eligible schools; • ensured that eligible schools have access to resources to implement the school improvement strategies described above; • identified opportunities to reduce duplication, increase efficiency, and assist eligible schools in complying with reporting requirements of State and Federal programs; • facilitated alignment and coordination between early childhood 

education and care programs and services serving students who 

will attend eligible schools that are elementary schools; and • developed an early warning indicator system that monitors 

school-level data, and alerts the eligible school when a student indicates slowed progress toward high school graduation, so that the 

school can provide appropriate student interventions. 

Regarding the early warning indicator system, research has 

shown that before actually dropping out, most students at risk 

send strong ‘‘signals’’ that they are having trouble in school. One 

study found that almost half of dropouts sent ‘‘warning signals’’ as 

early as sixth grade. These signals can be found in standard data 

that LEAs keep on their students. 

States may withhold funds from schools for the final 2-year period if they have not made progress on ‘‘leading indicators.’’ This 

new definition of ‘‘leading indicators’’ highlights the importance of 

academic indicators (other than test scores) and school climate 

issues. Tracking leading indicators is important because improving 

student outcomes and closing achievement gaps takes time, and 

these data can therefore serve as intermediate measures of school 

improvement before the results show up in indicators like student 

test scores. 

Blue Ribbon Schools 

The committee believes that it is important for States to have the 

opportunity to identify and reward schools that are top performers. 

This bill allows States to identify Blue Ribbon Schools as the top 

5 percent of the State’s public elementary schools and secondary 

schools based on the percentage of students who are on track to 

college- and career-readiness for English or language arts, and 

mathematics and, in the case of high schools, the school’s graduation rate. States must also look at the performance of student subgroups and, if the State chooses to measure student growth, the 

percentage of students attaining growth, and school gains. Schools 

identified as persistently low-achieving schools and achievement 

gap schools cannot be identified as Blue Ribbon Schools. States 

may reserve up to one-half percent of their title I, part A, funds 

to distribute rewards, on a competitive basis, to LEAs that serve 

one or more Blue Ribbon Schools so that the LEA may provide 

awards to such schools. 

In addition to the possible financial reward, States must provide 

Blue Ribbon Schools with increased autonomy over the school’s 

budget, staffing, and time, and allow each blue ribbon school to 

have flexibility in the use of any funds provided to the school under 

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this Act for any purpose allowed under this Act, consistent with 

civil rights laws. LEAs must agree to use the award funds to improve student achievement and provide technical assistance to the 

lowest-achieving schools in the State that have characteristics similar to the Blue Ribbon School. 

Centers of Excellence for Early Childhood Education 

The committee recognizes the critical importance that high-quality early childhood education programs can play in the healthy cognitive, physical, social, and emotional development of children. 

SASA authorizes a new program, similar to one authorized in the 

Head Start Act, which recognizes and rewards early childhood education programs that have a demonstrated track record of preparing children for kindergarten. This program asks the Nation’s 

governors to nominate outstanding early childhood education programs for grants distributed by the Secretary that can be used by 

programs to expand their reach in the community, and to provide 

technical assistance and dissemination of best practices to other 

early childhood education programs in its area and the State. 

Green Ribbon Schools 

SASA also creates a new category of recognition for exemplary 

schools by allowing the Secretary to set criteria for outstanding 

performance in such areas as reducing environmental impact, improving student and personnel health and wellness, and providing 

sustainability education. The Secretary may also establish an 

award program recognizing excellence in classified school employees. 

PARENT AND FAMILY ENGAGEMENT

The committee bill envisions several key changes to the provisions of section 1118, relating to parent and family engagement. 

The lens of current law is expanded to encompass family members, 

in addition to parents and those who act in loco parentis. This 

change is intended to acknowledge the role that non-custodial family members play in the life of a child, and to encourage LEAs to 

strategically engage these adults. The bill includes requirements 

for LEAs to collaborate with community-based organizations, employers, and other entities in the development and implementation 

of parent and family engagement strategies, and for parent and 

family engagement compacts to describe outreach to community 

stakeholders. These changes recognize research on the critical role 

that non-custodial family members, mentors, and other caring 

adults can play in the positive development of children, and especially children from low-income and minority communities. 

HIGHLY QUALIFIED TEACHER DEFINITION

This bill includes a revised definition of a highly qualified teacher which codifies existing flexibility for certain types of teachers so 

that LEAs can effectively staff their schools. The definition incorporates existing regulations that make clear that a teacher enrolled 

in an alternate route to certification program is considered highly 

qualified, as long as the teacher has passed the State subject matter certification or licensure test; is making satisfactory progress 

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pating in a high-quality, State-approved teacher preparation program. 

The definition also provides flexibility for teachers in rural areas 

who teach multiple subjects, allowing them to be considered highly 

qualified if they have met the definition for at least one core academic subject and become highly qualified in the additional subjects within 3 years. The definition clarifies that a science teacher 

who holds a broad field science or an individual field science certification or licensure can be deemed by the State as highly qualified. 

The definition also aligns the definition of a highly qualified special 

education teacher with the definition included in the Individuals 

with Disabilities Education Act (IDEA). 

The committee also provides a special rule for small, rural, and 

remote schools so that teachers in these schools are permitted to 

meet the highly qualified teacher requirement through distance 

learning and team teaching. The off-site teacher must be highly 

qualified in the subject being taught, be responsible for 50 percent 

of direct instruction, monitoring student progress, and assigning 

students’ grades. The on-site teacher must be highly qualified in at 

least one other subject, must be present in the classroom throughout the period of distance learning, and must provide instructional 

support. 

SASA also recognizes certain very specialized instruction and exempts those teachers from meeting the highly qualified teacher definition. These exemptions are: 

• A teacher of Native American, Alaska Native, or Native Hawaiian language or culture, whether the teacher is teaching on a 

permanent, part-time, or occasional basis; and 

• A teacher who is a Native elder or other authority on American Indian, Alaska Native, or Native Hawaiian history who provides instruction in such subject, whether on a periodic or one-time 

basis. 

A teacher may also be considered highly qualified if the teacher 

is a participant in an exchange visitor program. 

Finally, the committee signals its strong belief that teacher effectiveness is paramount by allowing States to deem teachers with 

high ratings under a rigorous teacher evaluation system to be considered highly qualified. 

FISCAL REQUIREMENTS AND COMPARABILITY

The original intent of title I was to provide additional resources 

to States and LEAs for the education of disadvantaged children. In 

order to meet that intent, the law has required State and local 

funds be spent comparably between title I and non-title I schools, 

so that Federal dollars are supplementary. 

To ensure this comparability of resource expenditure is taking 

place, SASA requires LEAs to use actual teacher salaries when calculating the resources expended at a given school. This provision 

of SASA closes a long-time ‘‘loophole’’ in the comparability requirements where average teacher salaries were used instead of actual 

teacher salaries. The committee recognizes that there is research 

that indicates significant disparities in spending between title I 

and non-title I schools. The committee’s intent in section 1120 is 

to ensure title I dollars are provided to schools with concentrated 

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poverty as a supplement to a comparable allocation of State and 

local funds. This will ensure that taxpayer dollars serve the students for whom they are intended. In addition, the accounting of 

real per-pupil expenditures will increase transparency about the allocation of resources. The committee expects this data to be accessible to parents, taxpayers, LEAs, States and policymakers at all 

levels of government. Recognizing that States and LEAs will need 

time to put the appropriate fiscal mechanisms and data systems in 

place for school level expenditures and other data to be reported accurately, LEAs will not be required to comply with these changes 

until the 2015–16 school year. 

In closing the so-called comparability loophole, the committee’s 

intent is not to require LEAs to transfer school personnel in order 

to comply with the comparability requirement. The comparability 

provisions require that title I schools do not have fewer total State 

and local resources than the average of non-title I schools in a 

LEA. LEAs must consider all resources, not just salaries. 

COORDINATION REQUIREMENTS

Similar to current law, the committee bill encourages LEAs to coordinate with early childhood education and care programs and 

providers, including Head Start agencies and providers of services 

under Part C of IDEA, on a variety of matters. Activities identified 

include transfer of records, with parental consent, from early childhood education and care programs to local schools; ongoing communication between early childhood education and care program staff 

and school staff for the purpose of ensuring developmentally appropriate instruction and shared expectations; joint training opportunities for early childhood education and care program staff and 

school staff; the development of transition procedures to improve 

school readiness for children; and parent-education efforts that 

help parents of young children understand the expectations of, and 

services offered by, the school in which their child will enroll. 

EDUCATION TECHNOLOGY

It is the committee’s view that the development and implementation of education technology programs and activities continue to be 

important allowable uses of title I funds. While technology can 

never replace effective teachers, the committee believes that educational technology can help provide differentiated instruction and 

personalized learning to meet each student’s unique needs; engaging and updated content; timely information that educators can use 

to improve instruction and decisionmaking; enhanced parental engagement through the provision of online information; and access 

to courses often not otherwise available. 

Therefore, the committee supports States, LEAs, and schools that 

choose to use title I program funds for technology and digital learning to best meet title I program goals and requirements. 

Grants for State Assessments 

The committee recognizes that the requirement of the new statewide accountability and assessments systems will be significant for 

States. 

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Therefore, a one-time doubling of funds for States to use to improve their assessment systems has been provided as described in 

section 1141. 

TITLE I, PART B: PATHWAYS TO COLLEGE

Subpart 1: Secondary School Reform 

The committee recognizes that in today’s increasingly global 

economy, it is critical that students graduate from high school prepared and ready to succeed in college and the workforce. Unfortunately, many of our Nation’s high school students do not graduate 

on time, or do not graduate at all. Additionally, low-income and minority students graduate at significantly lower rates than their 

peers. The Pathways to College Program supports the implementation of innovative and effective secondary school reforms both LEAwide and in high schools with graduation rates below 75 percent 

that do not receive SIG funds. The bill requires grant applicants 

to implement reform strategies in the feeder middle schools serving 

these high schools because the committee recognizes that many of 

the issues facing at-risk youth begin in middle school. 

The committee intends the definition of ‘‘Competency-based 

learning model’’ be aligned with the following principles of competency-based education: (1) Students advance upon mastery; (2) 

Competencies include explicit, measurable, transferable learning 

objectives that empower students; (3) Assessment is meaningful 

and a positive learning experience for students; (4) Students receive timely, differentiated support based on their individual learning needs; and (5) Learning outcomes emphasize competencies that 

include application and creation of knowledge, along with the development of important analytical skills. In addition, grantees shall 

include a plan to ensure that the practices implemented meet these 

principles of competency-based learning. 

The committee recognizes that some local educational agencies 

allow all students in a LEA the choice between which public high 

school they wish to attend upon matriculating from an elementary 

or middle school. In the case where a majority of the students at 

an elementary school or middle school do not go on to attend any 

single high school in the LEA, the committee intends for the definition of ‘‘feeder middle school’’ to be interpreted as an elementary 

or secondary school where a cumulative majority of students in the 

school go on to attend any of the eligible secondary schools in the 

LEA. 

The committee also intends that high schools in receipt of Secondary School Reform Grants that offer dual-enrollment 

coursework must offer such coursework free of charge to low-income students. 

Subpart 2: Accelerated Learning 

The committee bill maintains support for Advanced Placement 

(AP) and International Baccalaureate (IB) courses, while also providing more options for States and LEAs in achieving the goals of 

access to college-level coursework for low-income students. Changes 

to the definition of an AP or IB examination would allow States 

and localities the option to choose another evidence-based program 

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demic subjects, is benchmarked to college readiness, provides 

aligned end-of-course assessments, and includes educator resources 

to improve instruction. 

The committee bill incorporates language enacted by Congress in 

the America COMPETES Act of 2007 and maintained in the reauthorization of that Act in 2010. With these provisions, Congress has 

already acknowledged much advancement from evidence-based program models showing large increases in academic success for students who had access to rigorous high school core courses 

benchmarked to college readiness. The language in the committee 

bill is intended to provide more students with the opportunity for 

achieving college-readiness through rigorous courses than is provided in current law. 

TITLE II: SUPPORTING TEACHER AND PRINCIPAL EXCELLENCE, CONTINUOUS IMPROVEMENT, AND SUPPORT FOR TEACHERS AND PRINCIPALS

Professional Growth and Improvement 

The committee feels strongly that the Federal focus should shift 

from teacher qualifications to teacher effectiveness. Teacher and 

principal evaluation systems are key to improving teaching practice 

and student learning and can be linked back to teacher preparation 

programs so that LEAs can make better decisions about which programs they partner with to hire teachers. The committee also feels 

strongly that such systems should be grounded in helping educators improve their instruction, through improved professional development. As such, the bill requires districts to develop professional growth and improvement systems that include teacher and 

principal evaluations based on a set of limited, but critical, parameters, as well as professional development aimed at addressing deficiencies identified through evaluations. These evaluation systems 

must provide meaningful feedback to teachers and principals; establish multiple categories of teacher and principal performance; 

evaluate teachers regularly using multiple measures; be regularly 

reviewed to ensure that they provide meaningful differentiation; 

and include training for evaluators. Evaluations must be based on 

academic achievement and growth, classroom observations, and 

other measures that inform teacher performance (for teachers) and 

on academic achievement and growth, instructional leadership, 

and, if districts choose, other measures of principal performance 

(for principals). The evaluation systems must be able to provide 

meaningful feedback to teachers and principals in a timely manner 

and provide data to inform decisions about professional development activities. These parameters are critical to efficient teacher 

and principal evaluation systems, and the committee believes the 

Federal Government must promote alignment to these parameters. 

The committee is aware that many States and LEAs have already developed systems either on their own or as a requirement 

of a Federal grant or ESEA flexibility applications (aka, ‘‘waivers’’). 

It is important to the committee that, where possible, this bill does 

not alter the hard work already conducted by States in this arena. 

As such, States and LEAs with systems approved by the U.S. Department of Education are not required to alter the components of 

their current teacher and principal evaluation systems. Additionally, it is the committee’s intention that the implementation of new 

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systems does not alter the rights and remedies secured by educators through their local collective bargaining agreements. 

The committee believes strongly that incentivizing States and 

LEAs to implement robust teacher and principal evaluation systems tied to professional development is one of the most important 

policies in this bill that will improve teaching and school leadership 

across the country and lead to better student outcomes. 

Uses of Funds 

The bill makes several important changes to title II, part A, 

which has historically been used by LEAs for professional development and to provide schools with additional teachers. 

The bill, for the first time, requires LEAs to use some of their 

title II–A funds for professional development and specifically requires LEAs to spend 20 percent of their money to provide professional development in the lowest performing schools. Additionally, 

the bill includes a definition of professional development that will 

drive better investments in this area. By including a tighter definition, this bill will help ensure that Federal funds will be expended 

on professional development that will improve teaching practice 

and student learning. Districts will conduct professional development activities that are evidence-based and aligned with the results of evaluations in order to improve student academic achievement and increase students’ abilities to meet college- and careerready standards. The committee also intends for LEAs to collaborate with local early childhood programs and has allowed for early 

childhood educators to be included in LEA professional development activities. 

This bill otherwise streamlines the list of allowable activities in 

title II, part A, intentionally limiting them to activities that are 

likely to have the greatest positive impact on teaching and learning. For example, for the first time, developing and implementing 

evaluation systems is included as one of the high-impact activities 

that LEAs may fund using title II dollars. In not making this a required use of funds, the committee recognizes that LEAs may already be using Federal and State resources to conduct this work. 

The bill also sets parameters on how LEAs may use these funds 

for class-size reduction. If LEAs choose to use funds to hire additional teachers to reduce class sizes, these teachers must teach in 

the early grades (kindergarten to third) and class sizes must be reduced to a size where research has proven that students will benefit. The largest and most rigorous class size study, the Tennessee 

Student Teacher Achievement Ratio, or STAR experiment, demonstrated that reducing class sizes in kindergarten through third 

grade to between 13 and 17 students led to statistically significant 

student achievement gains, and that these gains were more pronounced for minority and economically disadvantaged students. 

Followup studies showed that these gains persisted for students 

who had attended smaller classes. 

This committee wishes to emphasize the importance of equity 

and ensuring that students have access to effective teachers. States 

and LEAs are encouraged to use their title II, part A, funds to address any inequities that may exist in the distribution of teachers 

based on their qualifications and, where information is available, 

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on their effectiveness at producing positive academic outcomes for 

students. 

The committee also recognizes the significance of high-quality 

mentoring for new teachers and principals. Title II, part A, includes a definition to ensure that funds spent for this purpose will 

support strong mentoring programs and practices. Mentoring is essential to retaining teachers as their decisions to remain in teaching are often affected by the quality of the support teachers receive 

in their first years. And, as teacher evaluation systems continue to 

develop, LEAs can use title II, part A funds to focus their efforts 

on retaining top performers. 

Other allowable activities include establishing beginning teacher 

induction programs, creating career ladders, increasing teacher capacity to evaluate student work, and recruiting teachers for highneed schools and subject areas. 

The committee also intends that States and LEAs have the flexibility to identify their local teaching and learning needs and use 

Federal funds accordingly. In keeping with this intent, high-need 

subjects such as ‘‘mathematics’’ and ‘‘science’’ may be defined to include other STEM-related subjects, such as computer science, engineering and other related subjects. 

Training Academies 

The bill also allows participating States to set aside 1 percent of 

their title II, part A funds to support the creation and oversight of 

teacher and principal training academies. These academies must be 

rigorously selective in who they admit, emphasize clinical training 

methods to prepare teachers and principals, and tie graduation to 

improving student academic achievement. In return for accepting 

this level of accountability, academies will be free from burdensome, input-based regulations. States will be required to establish 

a special entity to oversee teacher and principal training academies 

that has the authority to shut down low-performing programs. 

Principals 

Extensive research shows that school leadership is second only to 

teacher quality among school-related factors that influence student 

achievement. While teacher quality has the greatest impact on 

achievement, principal quality determines whether schools can attract and retain effective teachers. Historically, States and LEAs 

have used very little of their title II, part A, funds to support the 

professional development or training of principals. As such, the bill 

ensures that of the 2 percent to 5 percent States set-aside for 

State-level activities, the improvement of principal performance is 

among the few activities in which a State must invest. In recognition of the importance of school leadership, the committee also includes support for principals as one of the activities that LEAs may 

direct their title II, part A, funds towards. Effective principals are 

critical to attracting and retaining effective teachers in schools, 

particularly those serving the most disadvantaged students. LEAs 

need to do as much as possible to get strong leaders into these 

schools, and Federal funds can help in this regard. 

Additionally, the bill creates the Principal Recruitment and 

Training Program as subpart 5 of title II, part A, to recruit, train 

and support principals in schools that are high-need, persistently 

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low-achieving, achievement gap, or rural schools. This program replaces the current school leadership program. The Principal Pathways program improves upon current law by focusing on recruitment and training practices that have been demonstrated to 

strengthen school leadership. 

The new program improves the rigor of the application process 

for school leadership grants. There is a priority for entities that 

have a record of success in preparing principals who go on to improve student outcomes in eligible schools. In addition, the program 

increases the accountability of grantees for achieving results. 

Grantees will compete to renew their grants and scale up their efforts based on their record of improving student outcomes. Grantees will also use data on the performance of their programs for continuous improvement. 

The committee also recognizes that it is essential to build the 

leadership capacity necessary to turn around persistently lowachieving schools. The program will establish a school turnaround 

leadership academy with a focus on recruitment, training, placement and support of leaders specifically focused on turning around 

persistently low-achieving schools and dissemination of research 

and information on effective school turnaround leadership. 

Teacher Pathways to the Classroom 

Title II, part B of the committee bill replaces the Transitions to 

Teaching program, which was targeted at programs preparing alternate route teachers, with the Teacher Pathways to the Classroom program, which no longer focuses on how teachers enter the 

classroom, but rather improving their effectiveness in teaching students. The most recent research indicates that the pathways to the 

classroom, whether it is a traditional, alternate route or residency 

model, are not predictive of the teachers’ success in the classroom. 

What matters is the quality of the preparation program. A 2009 

randomized study by Mathematica Policy Research found no statistically significant difference in performance between students of 

teachers prepared through alternate routes compared to those prepared through traditional routes to teaching. 

Given this research, the committee believes that Federal funding 

should be provided to teacher preparation programs based on the 

quality of the teaching candidates it produces, as opposed to the 

characteristics of the teaching program itself. The competitive 

grant program in this bill allows high-performing teacher preparation programs to compete for Federal funding to recruit and train 

new teachers in high-need subjects and fields to teach in high-need 

schools. High-quality traditional route programs will be able to 

compete on equal footing with alternate route programs with proven records of success, such as Teach for America and the Teaching 

Fellows programs operated by The New Teacher Project, as well as 

teacher residency programs with a strong record of producing candidates that increase student achievement. 

Teacher of High-need Subjects 

The committee intends, in section 2201(b)(2), that States and 

LEAs have the flexibility to identify their local teaching and learning needs and use Federal funds accordingly. In defining mathematics and science as high-need subjects, the committee intends to 

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include other STEM-related subjects, such as computer science, engineering and other related subjects. 

Teacher Incentive Fund Program 

The committee bill authorizes the Teacher Incentive Fund (TIF), 

a program that was first authorized in 2006 through Title V, Part 

D of the Departments of Labor, Health and Human Services, and 

Education, and Related Agencies Appropriations Act. However, the 

committee makes a number of important changes to the program. 

The TIF program currently provides grants to States and LEAs to 

develop or improve performance-based compensation systems for 

teachers and principals. As an authorized program in ESEA, TIF 

will provide competitive grants to States and districts to develop, 

implement, improve, or expand strategies, including performancebased incentives, to increase the number of highly-effective teachers and principals in high-need schools. Priority will be given to 

grantees who target placing highly-effective teachers and principals 

in priority schools or who have already developed a professional 

growth and improvement system, as described in title II, part A. 

The committee strongly believes that the TIF program, as a competitive grant program, can lead the way in driving improvements 

in distributing effective teachers across States and LEAs and that 

using data gleaned from sound evaluation systems for the distribution of the most effective educators, is the obvious next step in our 

attempt to close the achievement gap and ensure equal educational 

opportunities for all students. 

Education Technology 

The committee maintains that professional development about 

and through technology is helpful in meeting the goal of collegeand career-readiness for students. Therefore, the committee encourages States, LEAs, schools, and other entities involved in the preparation and professional development of educators to ensure teachers and administrators have the knowledge and skills to effectively 

use technology and digital resources to improve teaching, learning, 

and administration. 

TITLE III: LANGUAGE INSTRUCTION AND ACADEMIC CONTENT

INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS

The changes reflected in title III are designed to better leverage 

funds to supplement the use of evidenced-based programs and 

practices, including professional development, to support the acquisition of English and the ability for English learners to graduate 

college- and career-ready. Key reforms include updating the formula used to allocate resources to more accurately provide resources to the school and LEAs serving English learners; requiring 

States to maintain existing investments in educational supports for 

English learners; and calling attention to long-term English learners to ensure that underserved students receive additional instructional supports. In order to allow for better service delivery to students at all levels of English proficiency, States and LEAs are encouraged to continue to monitor the progress of English learners 

throughout their school careers, including early childhood education and care settings, and recognize the developmental nature 

of second language acquisition. 

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States are no longer required to assess progress according to established annual measurable achievement objectives, but they are 

still responsible for ensuring that English learners attain English 

proficiency and find ways to demonstrate such proficiency in core 

academic subjects. 

This title also authorizes national projects, including partnerships to support the pursuit of advanced degrees for individuals 

and in fields that will support improved quality and increased access to programs designed to support the learning and development 

of English learners. It is the intent of these strategies to support 

capacity building efforts to identify and better disseminate effective 

strategies for supporting the learning and development of English 

learners. 

Local Plans 

The committee bill recognizes the importance of well-developed 

local plans for implementing supports for English learners. The 

committee especially emphasizes the importance of creating strong 

community and family engagement to serve English learners. Because of limited resources, the committee emphasizes that local 

plans should target funds to schools with the highest need. Local 

plans should also ensure that all teachers of English learners are 

fluent (i.e., written and oral communication skills) in the language 

of instruction. 

State Activities 

The committee intends for States to support LEAs and therefore, 

SEAs may use up to 10 percent of their grant allotment, to conduct 

activities that will assist LEAs to better serve English learners. 

Local Evaluation and Accountability 

The committee bill describes in section 3121, the evaluation requirements for eligible entities that receive a subgrant from a State 

educational agency. An entity must provide an evaluation to the 

agency at the conclusion of every second fiscal year during the lifetime of a subgrant. The evaluation format is prescribed by the 

agency, and includes a description of the following items: programs 

and activities conducted with funds; progress made by English language learners as measured by State English language proficiency 

assessments; the number and percentage of children in programs 

and activities who meet the established target; and progress made 

by former English learners in meeting college- and career-ready 

academic content standards. 

The evaluation is to be used by the entity and the State educational agency to determine program and activity effectiveness, to 

identify and inform potential improvement processes, and to ultimately determine award of continuation funding for specific programs or activities. The evaluation must provide information regarding program and activity enrollment, as well as any other required information by the State. The report must include the percentage of children with respect to the English proficiency progress, 

transition to classrooms not tailored to English learners, attainment of college- and career-ready standards, and finally, those not 

exempted from the State reading or language arts academic assessment. A State must approve any evaluation measures that are demstockstill on DSK4VPTVN1PROD with HEARINGS

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signed to assess progress in attaining English proficiency, in meeting college- and career-ready student academic achievement standards, and progress in meeting the annual State performance targets. 

On an annual basis, each entity and State educational agency 

must establish agreed upon performance targets for the percentage 

of English learners who are making progress in achieving proficiency not more than 5 years after identification as an English 

learner. In the case of a student who will graduate from secondary 

school in less than 5 years, the student would not be counted as 

a graduating student in the local educational agency’s graduation 

rate calculation. If an entity fails to meet the local performance targets, the State educational agency must require the entity to develop and implement an improvement plan. The State educational 

agency must provide technical assistance to the entity during this 

time. If the entity fails to meet the local performance targets 1 year 

after identified as being in need of improvement, the State educational agency must identify the entity as needing State support 

and require the entity to develop and implement a plan to modify 

the existing curriculum, program and method of instruction. The 

entity must submit this plan for State approval. If, 1 year after 

being identified as needing State support, the entity again fails to 

meet performance targets, the State educational agency must identify the entity as in need of State action. The State educational 

agency must then manage the subgrant funds and programs for 4 

years, or until the local performance target is reached. After 4 

years—or after the goal is reached, if sooner than 4 years—the 

State educational agency institutes a 2-year probationary period. If 

the entity fails to meet the local performance target at any time 

during this period, the State educational agency must manage the 

subgrant funds and programs for the duration of the probationary 

period. 

State Accountability 

The committee bill describes in section 3122 the accountability 

measures for States, particularly in regards to State performance 

targets. Each State educational agency must establish a State performance target for the percentage of English learners served by 

the State who are making progress in achieving English proficiency 

not more than 5 years after being identified as an English learner. 

State performance targets are subject to approval by the Secretary. 

Each State educational agency is responsible for ensuring that local 

performance targets result in overall achievement of the State’s 

performance target. 

If a State educational agency fails to meet the performance target for 2 consecutive years, the Secretary must require the State 

to develop and implement an improvement plan. The Secretary 

must provide technical assistance to the State educational agency 

during the development and implementation of the improvement 

plan. If a State educational agency fails to meet the performance 

target for 4 consecutive years, the Secretary must require modification of the State plan and methods of instruction. Additionally, the 

Secretary must require a State educational agency to identify lowperforming local educational agencies and then develop and implement a plan to partner low-performing local educational agencies 

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with high-performing local educational agencies. This would entail 

reallocation of any grant funding that would have been distributed 

to the low-performing local educational agency, to the high-performing partner local educational agency. In the case of a student 

who will graduate from secondary school in less than 5 years, the 

student would not be counted as a graduating student in the local 

educational agency’s graduation rate calculation. 

Reporting Requirements 

The committee bill describes in section 3123 the reporting requirements for State educational agencies, as well as the U.S. Department of Education. Each State educational agency that receives assistance must provide an annual report to the Secretary 

that includes information on the following four areas: progress in 

the development and implementation of English language proficiency standards; student progress in achievement of English language proficiency; a description of State programs and activities; 

and the effectiveness of such programs and activities as related to 

improving the education provided to English learners. 

Every 2 years, the Secretary must submit a comprehensive report to the authorizing committees of Congress. This report must 

contain the types and descriptions of educational and instructional 

programs and activities carried out to serve English learners, as 

well as the effectiveness of these programs. It must also include a 

critical synthesis of data reported to States, including the number 

of programs or activities subject to accountability measures due to 

a failure to meet local performance targets (as described in section 

3121(b)(4)). A description of any technical assistance provided by 

States must also be included. This report must also contain an estimate of the number of certified or licensed teachers working with 

English learners, as well as an estimate of the number of such 

teachers needed for the succeeding 5 fiscal years. Lastly, any major 

findings of evidence-based research carried out under this title and 

any other pertinent information gathered from reports submitted to 

the Secretary shall be included. 

Professional Development Grants 

The committee bill describes in section 3131 discretionary grant 

funding to institutions of higher education or nonprofit institutions 

in consortia with State or local educational agencies to provide for 

relevant professional development activities in the area of English 

language instruction. These grants are awarded on a competitive 

basis and are not to exceed a period of 5 years. They are to provide 

for professional development activities that will improve classroom 

instruction for English learners and to assist educational personnel 

working with English learners to meet high professional standards, 

including certification and licensure standards. 

Grants awarded under this section may be used to support partnerships between State or local educational agencies and institutions of higher education, support research on relevant promising 

practices, support strategies that promote school readiness and 

high school graduation, and support strategies that strengthen 

family and community engagement. Additionally, grant funds may 

be used to support the development of appropriate curricula, the 

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dissemination of evidence-based best practices and technical assistance. 

Commission on Assessment of English Learners 

The committee bill describes in section 3132 the establishment of 

an independent commission on the assessment and advancement of 

English learners. The members of the commission must be appointed within 6 months of the date of enactment of SASA. The 

commission must be comprised of individuals with experience and 

expertise in the educational advancement and development of 

English learners. The Secretary must ensure that selected individuals are deemed competent experts. The commission must provide 

the Secretary with advice and recommendations regarding proficiency standards, assessments—including early learning assessment strategies—accommodations, and accountability systems. Additionally, the commission must provide guidance related to the formation of relevant peer review panels and ensure that research, 

development and dissemination activities of the Department address identified gaps. The commission will also help to identify 

ways to address the needs of English learners in Departmental program planning, and to support capacity-building efforts to assist 

local educational agencies and schools. 

English Language Acquisition Technology Innovation Grants 

The committee recognizes that new innovations are necessary to 

address the needs of SEAs and LEAs when instructing English 

learners. SASA provides for the use of funds for grants in the area 

of English language acquisition technology for purposes of pursuing 

research and development to improve English proficiency and academic achievement for English learners. The Secretary is authorized to establish processes for the development and execution of the 

English language acquisition technology innovation grant projects 

and the solicitation of entities to carry out the projects. The Secretary may award grants, contracts, cooperative agreements, and 

cash prizes, as well as enter into other approved transactions with 

entities pursuing research and development in this area. Additionally, the Secretary may obtain evaluations of the award processes 

and gauge the effectiveness of individual projects funded by the 

grant program. The Secretary may use funds made available for 

the grants to pay for the cost of these evaluations. 

Dissemination of evidence-based, effective practices and technologies developed with the support of these English language acquisition technology innovation grants is to occur through comprehensive centers, the regional educational laboratories system, or 

other appropriate dissemination means. To the maximum extent 

possible, the Secretary shall ensure that activities funded through 

this grant program are not duplicative of activities under programs 

carried out under Federal law by the Department or other Federal 

agencies. 

TITLE IV: SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS

Improving Literacy Instruction and Student Achievement 

The first foundational element of the Improving Literacy Instruction and Student Achievement program is to reinforce that literacy 

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is a set of skills that build from birth to grade 12 and must be addressed in a comprehensive and consistent manner. Research and 

best practice over the past 20 years has clearly shown the links between oral and written language, vocabulary development and 

reading achievement. Therefore, becoming an effective learner requires literacy instruction targeting a comprehensive set of skills. 

Under previous systems, if children were on grade level in reading 

by the fourth grade, they were assumed ready to become learners 

of more complex content. However, experience has demonstrated 

that reading and writing instruction only becomes more complex, 

and many children who need additional assistance in the early 

grades will continue to need selective assistance as the academic 

content becomes more complex. Therefore, the bill calls for effective 

literacy instruction from birth through grade 12, ensuring that children are appropriately supported at each stage in their academic 

development. 

A second critical element of this program is a strengthened comprehensive approach to ensuring that students leave high school 

with advanced reading and writing skills needed to succeed in college and a career. In order to accomplish this, teachers and school 

leaders must be trained and confident in using evidence-based instruction beginning in the early grades through middle and high 

school. This will assure that more students are instructed in higher 

levels of reading and writing that correspond to the full range of 

State English language arts standards that will support the higher 

literacy skills that today’s postsecondary education and the advanced, global workplace demand. 

A third component of the program creates a comprehensive approach to assessment. The committee’s bill includes requirements 

for both summative and formative assessments to create critical 

tools for understanding if a program is effective (summative) and 

to inform and improve ongoing instruction (formative). These requirements complement other aspects of assessment included in 

the bill. 

A fourth component of the program is for States and school districts to develop and implement plans that both make use of State 

and local strengths as well as to reflect the unique needs of each 

community. Needs vary related to improving literacy instruction in 

nearly every State and often needs vary within a State. A thoughtful planning process is integral to assure all populations of students and the setting in which they live and attend school must be 

taken into consideration. The planning requirement directs States 

to reflect the wide range of literacy service providers and literacy 

expertise within the State. 

The bill articulates that federally supported professional development programs must include important key components to be successful. For example, the program must be specific to an area of instruction especially literacy instruction from birth to grade 12. Another component is job-embedded professional development that reflects what teachers and school leaders believe they need to be effective, including a needs assessments and implementation of evidence-based instruction. 

The bill targets high-poverty communities. Head Start, community childcare block grants and State-supported programs for assisting high poverty families have traditionally not included a focus 

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on education. To develop effective learners, the literacy program 

must support evidence-based concepts that stem from an early 

learning program. Similarly, a blended and integrated reading and 

writing program is ideal to assure students achieve a deeper understanding of more complex content. 

Additionally, the committee would like to clarify that eligible entities that receive subgrants in support of birth through kindergarten entry literacy may utilize funding to provide targeted instruction for children whose early literacy skills are below the appropriate age or developmental level as demonstrated by a screening assessment. 

Improving Science, Technology, Engineering, and Math Instruction 

and Student Achievement 

To ensure future competitiveness in the global economy, America 

requires a workforce highly skilled in science, technology, engineering and mathematics (STEM). Yet, our education efforts in these 

critical areas lag behind those of other advanced nations. The committee bill includes a new Improving Science, Technology, Engineering, and Math Instruction and Student Achievement program 

as part B of title IV that will improve student academic achievement in STEM by: 

• Getting students engaged and excited about STEM subjects 

through high-quality instruction, opportunities to participate in 

STEM competitions, and exposure to STEM careers; 

• Helping more students access high-quality STEM courses and 

learning opportunities; 

• Improving the quality and effectiveness of classroom instruction by recruiting, training, and supporting excellent STEM teachers and providing robust tools and supports for students and teachers; and 

• Closing student achievement gaps and preparing more students to be on track to college- and career-readiness and success 

in STEM subjects. 

Grants will be distributed to States (alone or in partnership with 

other States, non-profit entities, institutions of higher education or 

educational service agencies) by formula if the annual appropriation exceeds $500 million; below this amount, grants will be awarded to States competitively. 

The committee recognizes STEM education as a national priority 

in the country’s elementary and secondary education system. For 

the purposes of this title, the committee would like to clarify that 

‘‘STEM education’’ encompasses science, technology, engineering 

and mathematics as well as other academic subjects, such as computer science, that build on these disciplines, are important to scientific discovery, business and industry and that States identify as 

part of the State analysis required by section 4204 (b)(1). 

The committee recognizes the importance of increasing access for 

students who are members of groups underrepresented in STEM 

areas and requires that States describe how grant activities will increase access for such students. It is the intent of the committee 

that such efforts include female students, minority students, students who are English language learners, children with disabilities, 

and students from low-income families. 

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The committee also recognizes that individuals with strong 

STEM skills have opportunities for much more lucrative careers 

outside of teaching. At the same time, research shows that well implemented mentoring programs help provide opportunities for 

teachers to learn from their colleagues and help provide the support that new teachers need to remain in teaching. In recognition 

of the need to invest in strategies to retain excellent STEM teachers and supporting novice STEM teachers, the committee bill includes a set-aside for a STEM Master Teacher Corps program. The 

intent of the STEM Master Teacher Corps program is to improve 

the ability of all teachers to teach strong STEM skills to their students by offering career advancement opportunities and higher pay 

to the top 5 percent of K–12 STEM teachers in return for their 

mentorship of and sharing best practices with other, less experienced STEM teachers. 

Improving Access to a Well-Rounded Education 

Current Federal approaches to helping State efforts toward enriching the curriculum have been in the form of separate, uncoordinated discretionary grant programs for individual academic subjects that had significant benefits for a relatively small number of 

LEAs that were able to successfully compete for funding. But these 

single-subject competitive programs did not leverage broader 

change in State and local policies and practices in ways that considered all academic subjects offered, as a whole. Therefore, the 

committee authorizes the Increasing Access to a Well-Rounded 

Education program as part C of Title IV. This program requires applicants to provide access to a well-rounded curriculum by giving 

grants to States, in partnership with LEAs, educational service 

agencies, and non-profit organizations, to increase the access of 

low-income students to a well-rounded education. The grants will 

be distributed by formula when appropriations for the program 

reach $500 million, and will be awarded competitively below that. 

The committee bill eliminates a number of programs that promote 

instruction in a variety of subjects, including Arts in Education, 

Civics, Teaching American History, Economics Education, and the 

Foreign Language Assistance Program. This program will allow 

States to continue to build teacher capacity and increase the access 

of low-income students to a well-rounded education, including in 

the arts and music, civics and government, economics, environmental education, financial literacy, foreign languages, geography, 

health education, history, physical education, and social studies. 

The committee recognizes that arts and music include a range of 

disciplines including, but not limited to, dance, media arts, music, 

theater, and visual arts. 

Successful, Safe, and Healthy Students 

The committee believes that all children should attend schools 

that are safe, drug-free and that foster a positive learning environment. 

As such, the committee bill authorizes the Successful, Safe, and 

Healthy Students program as part D of title IV, which will advance 

student achievement and positive child and youth development by 

promoting student health and wellness, preventing bullying and 

harassment, violence, and drug use, and fostering a positive school 

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climate. States receiving grants must have established a statewide 

physical education requirement, and require all LEAs to have in 

place anti-bullying and harassment policies to be eligible. 

To support positive conditions for learning, States will receive 

funding to implement programs to promote student health, fitness, 

and mental health, and to prevent drug abuse and school violence. 

To support data-driven prevention and foster student success, the 

committee bill authorizes a minimum of $30 million for formula 

grants to help all States develop or enhance systems that will give 

local leaders the information they need to improve the conditions 

for learning in their schools and communities. 

These data systems will provide to each State the support necessary to measure the conditions for learning in each school. Resources will also be available for grants to LEAs to establish policies and activities to improve the conditions for learning in each of 

their schools. This legislation gives State and LEAs the resources 

and opportunities to create safe, healthy schools that will enhance 

the academic achievement of students. 

SASA also authorizes the Successful, Safe and Healthy Students 

State Grants program to implement programs to support positive 

conditions for learning by promoting student health and fitness, 

mental health and counseling services, and drug and violence prevention. The committee intends that funds for this program will be 

distributed by competitive grants procedures if appropriated funds 

are less than $500 million. States receiving funding under this program must distribute subgrants competitively to LEAs or partnerships of LEAs and non-profit organizations. It is the intent of the 

committee that these partnerships would enhance an LEA’s capacity to implement health, mental health, and prevention programs. 

The committee intends for States to distribute subgrant funds in 

the following manner: not less than 20 percent for programs to promote physical activity, education, and fitness and nutrition; not 

less than 20 percent for drug and violence prevention; and not less 

than 20 percent for programs to promote mental health. 

The committee expects that grantees will use data from the conditions for learning measurement system to target funding and program design. In addition, grantees must annually report to the 

public on data regarding the conditions for learning 

It is the committee’s intent that grant funds provided by the Successful, Safe and Healthy Students program support the creation of 

the essential conditions for learning in schools, including adequate 

physical activity, positive mental health, good nutrition, and safe 

environments. Those conditions include physical and emotional 

safety for both students and school personnel and promote positive 

character development in our youth. Schools with the essential conditions for learning also provide for opportunities for good nutrition, and are free of violence, harassment, and bullying. These 

schools are free of weapons and prevent the use and abuse of drugs 

and alcohol. The committee understands that students experience 

violence in many forms, including dating violence. It is the intention of the committee that funds allocated for violence prevention 

activities could include activities to reduce incidences of dating violence between students. 

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Student Non-Discrimination Act 

The committee bill authorizes the Student Non-Discrimination 

Act (SNDA) with the intent to ensure all students have access to 

a public education in a safe environment, free from discrimination. 

This includes freedom from harassment, bullying, intimidation and 

violence on the basis of sexual orientation or gender identity. SASA 

establishes a comprehensive Federal prohibition of discrimination 

in public schools based on actual or perceived sexual orientation or 

gender identity. It provides LGBT students similar civil rights and 

protections against bullying and harassment as those that currently apply to students based on race and gender. It is the committee’s intent to ensure these protections for LGBT students and 

ensure that all students have access to public education in a safe 

environment free from discrimination, including harassment, bullying, intimidation and violence. It is also the committee’s intent to 

provide students with meaningful and effective remedies for discrimination that occurs in public schools based on actual or perceived sexual orientation or gender identity, modeled after the 

guarantees in title IX. Like other civil rights laws, it is the intent 

of this provision of SASA to prompt schools to avoid liability by 

taking proactive steps to prevent the discrimination and bullying 

of students protected by the bill. 

21st Century Community Learning Centers 

The committee recognizes that students, particularly those who 

are furthest behind, benefit from more time for learning. Programs 

that significantly increase the total number of hours in a regular 

school schedule can lead to gains in student academic achievement. 

Yet American students spend about 30 percent less time in school 

than students in other leading nations. Students in China, Japan, 

and South Korea who attend school 40 days more on average than 

American students significantly outperform American students in 

math and science. 

As such, the committee bill gives eligible applicants the authority 

to apply for grants to fund (1) the activities currently allowed 

under the program (before-school, after-school, and summer-learning programs); (2) school-based extended learning programs that 

are optional or for targeted groups of students; or (3) a redesign 

and expansion of the school day, week or year, for all students 

across all grades, to creatively integrate academic and enrichment 

strategies. The bill expands the current uses of the program to include expanded learning time because the committee believes that 

it is a separate, but related concept, in that the goal is to extend, 

rather than supplement learning time. 

Additionally, the committee believes that evaluation data will 

yield valuable information on the models and their implementation. 

The committee has directed the U.S. Department of Education from 

prioritizing one 21st century community learning center model over 

others. The committee does, however, emphasize that this should 

not be construed to prohibit the Department from providing best 

practice information and technical assistance under the 21st Century Community Learning Centers program. 

The committee believes that strong partnerships between schools 

and communities is an important aspect of this program. To make 

partnerships between community-based organizations and LEAs 

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most effective, the committee believes partnerships between local 

education agencies, schools and community-based organizations 

should be marked by active collaboration, including the appropriate 

sharing of relevant student data among the schools and organizations, and any partnering entities, while complying with applicable 

laws relating to privacy and confidentiality. Additionally, while the 

committee supported Senator Whitehouse’s amendment to clarify 

that either the LEA or the community partner could be the lead 

applicant and fiscal agent, the committee believes that public agencies are important partners and suitable lead applicants and fiscal 

agents and intends to rectify this omission. 

Finally, it is the committee’s intent that funds provided under 

this section can be used for high quality mentoring activities. Mentoring programs based on scientifically valid research have shown 

to be a cost-effective strategy for improving academic performance, 

reducing dropout rates, preventing substance abuse, and promoting 

mental health and self-esteem. 

Promise Neighborhoods 

The committee believes that authorizing the Promise Neighborhoods program will allow communities to leverage Federal funds to 

design and implement a comprehensive pipeline of existing educational and community supports that fits their community’s 

unique strengths and responds to their unique needs, with the goal 

of ensuring college- and career-readiness for all children in the 

neighborhood. 

The committee bill requires grantees to combine high-quality 

education with community- and family-based supports, coordinating a continuum of services from birth through college to career. 

Research demonstrates that young people are more likely to succeed in school when their comprehensive needs are met. The committee’s Promise Neighborhoods program requires grantees to provide high-quality early learning programs, effective family and 

community engagement, and better services for special populations; 

to leverage public and private sector support; and to coordinate the 

services and resources of local nonprofits, schools, health centers, 

universities, and foundations. It authorizes 5-year, renewable, 

grants to ensure that communities scale up their services and support a new generation of educated workers. 

Promise Neighborhoods Partnership Grants 

The Partnership Grants program is intended to support grantees 

as they build continuums of care and is modeled after the Harlem 

Children’s Zone (HCZ) in New York City. The HCZ began as a single-block pilot in the 1990s and has since expanded to 96 blocks, 

covering most of Harlem. Today HCZ operates two charter schools 

and leverages a wide range of public, nonprofit, and philanthropic 

funds to provide wrap-around services to over 10,000 youth and 

about the same number of adults each year. The committee recognizes that Federal funds and direction were not the cause of HCZ’s 

success. Therefore, in order to replicate this work in other eligible 

neighborhoods, it requires local community leaders to combine 

available Federal resources with private, State, and local funding. 

Thus, the program includes a significant matching-funds requirement. 

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As they offer pipeline services, as defined in the committee bill, 

the committee anticipates a wide range of working arrangements 

in the Promise Neighborhoods Partnerships Grants in subpart 1, 

with different roles and responsibilities carried out by communitybased organizations (CBOs) and LEAs in different applications, 

though all eligible entities must include an LEA in partnership 

with at least one nonprofit. The requirement for partnership in application exists because: (1) the performance metrics for the program are intended to span the full continuum of care; (2) the education-reform aspects of the Promise Neighborhoods program can 

be carried out most effectively with local schools as a willing partner. 

The services grantees would coordinate are all directed toward 

giving all children in the neighborhood the skills they need to succeed in school, college, and careers. Grantees can use funds to coordinate existing services including: 

• pre-natal education and support for expectant parents; 

• high-quality childhood education and care and education opportunities, including by strengthening the early care workforce in 

the neighborhood and improving data systems; 

• high-quality schools and before- and after-school programs; 

• support for the transition to elementary school, between elementary school and middle school, and from middle school to high 

school; 

• family and community supports; and 

• college- and career-readiness activities, such as help with the 

college admissions process. 

However, the committee does not intend for grantees to be required to track or provide assistance to participants throughout 

their careers. 

Promise School Grants 

The Promise School Grants described in subpart 2 are intended 

to support partnerships as they create continuums of care revolving 

around schools in poor communities. As with the Partnership 

Grants, the committee anticipates a wide range of working arrangements in the Promise School Grants. These are school-centered grants, though the number of schools initially included in the 

applicant’s plan will vary consistent with the requirement to provide sufficient size and scope to serve the entire neighborhood. The 

extent to which pipeline services will be located in or provided at 

the school may also vary, especially in the case of applications led 

by charter schools that are their own LEA. However, the committee 

intends for Promise School grantees to ensure the sustainability of 

the programs they offer and consider ways to expand the area 

served over time. The committee anticipates that LEAs leading 

Promise School applications will have a successful record of partnership with CBOs; other Federal, State, and local agencies; and 

local employers or philanthropies. The committee encourages LEAs 

applying for Promise School grants to see them as an opportunity 

for transformation rooted in a distressed neighborhood that may 

catalyze partnerships and systemic reform throughout the LEA. 

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Performance Metrics 

The committee bill requires the Secretary to establish performance metrics for both grant programs. The committee intends for 

any such metrics to span the continuum of care, from prenatal care 

and parent education to college entry and retention; to hold grantees accountable for successful transitions, such as by tracking rates 

of kindergarten readiness or through the use of early warning indicators in the middle grades; and to encompass measures of community partnership and family engagement, such as the percent of 

parents and family members who participate in school events or 

the number of local businesses engaged by partnerships. 

The committee, in authorizing Promise Neighborhoods, recognizes that many communities struggle to align resources to create 

the pipeline services envisioned under this program, but believes 

that successful examples—such as HCZ or the hundreds of Community Schools located around the Nation provide guidance on successful implementations and can be instructive to other communities as they consider applying for these grants. As such, great 

emphasis is placed on applicants seeking and securing non-Federal 

and non-public funds in applying for this grant, as well as a full 

accounting of the services that already exist that can be aligned 

with grantee goals. Once again, the Federal investment should not 

be viewed as the driver of the services envisioned under this program, but a contributor and catalyst for communities to take stock 

of their existing resources and deploy them in a coherent, comprehensive way. 

Parent and Family Information and Resource Centers 

SASA renames the Parent and Family Information and Resource 

Centers (PFIRCs) to acknowledge the role that both parents and 

non-custodial family members play in supporting children’s educational progress. The committee bill narrows the program’s goals 

and functions to supporting States. PFIRCs are also required to 

help support the community of practice related to effective parent 

and family engagement strategies, and to work, to a lesser extent, 

with LEAs, schools, parents, family members, and community 

members. The bill requires PFIRCs to engage in a selection of highimpact activities, such as supporting States as they work with 

high-need LEAs to improve their local parent and family engagement plans, providing parent institutes or other leadership training 

for low-income families, and coordinating parent and family engagement strategies statewide. Grantees also must now meet performance goals to receive continued funding and be eligible for future competitions. 

It is the committee’s intent that, while applications for grants 

from consortia consisting of nonprofit organizations (including 

statewide organizations) and State or LEAs are welcome, the nonprofit organization is to serve as the fiscal agent. 

Programs of National Significance 

The committee notes that while many programs in this Act are 

targeted at the State level, certain national providers can also play 

a role by employing an infrastructure that reaches across State 

lines. The committee bill authorizes grants to States, LEAs, institutions of higher education, or other public and private non-profit 

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agencies, organizations, and institutions to carry out programs to 

increase students’ college- and career-readiness, to improve instruction, and to invest in activities that improve student achievement 

in a variety of domains and subjects. The committee notes that, in 

the past, award recipients with similar capabilities as those sought 

under the Programs of National Significance have been funded 

through congressionally-directed, earmarked spending. The Programs of National Significance’s funds are not an opportunity for 

these traditionally specified groups to continue dedicated funding, 

but an opportunity for those groups and other groups of similar 

missions and capabilities to apply and receive funding through the 

competitive process. 

Competency-based Assessment and Accountability Demonstration 

With respect to section 4111, the committee recognizes the emergence of competency education in many parts of the country. According to a 2012 report by the National Governor’s Association, 36 

States now permit districts to award credits based on student mastery instead of seat time. Given this important shift, the committee 

intends for this pilot to a small number of States the flexibility to 

develop accountability and assessment policies that align with this 

approach to academic achievement. 

The committee recognizes that States and LEAs that are experimenting with or transitioning to competency-based accountability 

systems will require assessment systems that may have different 

characteristics than current systems in order to ensure the continuous improvement in academic achievement for all students. Competency-based assessments measure student learning outcomes 

that emphasize the application and creation of knowledge along 

with the development of important skills, such as critical thinking, 

problem-solving, and effective communication. They also provide 

multiple opportunities to demonstrate learning that provide teachers with the information they need to ensure students receive timely, differentiated support based on their individual learning needs. 

Formative and interim assessments ensure students make sufficient progress throughout the year while summative assessments 

enable students to demonstrate that they are ready to advance to 

the next academic level. 

With respect to the activities described in (c)(2), the committee 

intends that States selected for the pilot be permitted to use funds 

reserved in title I, part A for the development of the competencybased assessment systems described in subsection (C)(2)(A) of this 

section. States may use these resources to support the development 

and implementation of their system, including activities identified 

in (a)(2)(B) of section 1141, such as the development of the competencies and assessments aligned to State college- and careerready standards and post-secondary admissions requirements, professional development activities aligned with competencies and assessments, and the dissemination of information in real-time to 

stakeholders about student progress and performance to ensure all 

students remain on track or get back on track to graduation. 

In developing a process for review of the State assurances in 

(c)(1)(A) and the State’s plan under (c)(2)(E) of this section, the 

committee intends for the Secretary to take into account the availability of assessments that meet the requirements of section 

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1111(a)(2)(B), in particular requirements around comparability. If 

assessments that meet these requirements are not widely available 

and easily adopted by the States as part of the initial implementation of this pilot authority, the committee intends for States, while 

working toward the adoption of these assessments, to use interim 

assessments that are the most rigorous in striving to meet these 

requirements, are effective in driving instructional practice, and 

provide reliable evidence of student learning across testing contexts 

and scorers. The committee also intends for the State assessment 

system to incorporate the following elements: (1) Scoring rubrics 

that are task-specific; (2) Piloted through task-item analysis; (3) 

Student learning targets that represent mastery of State-approved 

competencies; and (4) Indicators that measure the full range of academic content and student achievement standards, including mastery of content knowledge and the ability to think critically, solve 

problems, and communicate effectively. 

The committee also intends for States to have the flexibility to 

dedicate funds from the amount reserved in title II, part A, section 

2111 to prepare the State’s education workforce to implement a 

competency-based accountability and assessment system. The committee recognizes that competency education emphasizes elements 

of teaching and leading that are different from traditional methods. 

As such, the committee intends that States include a plan for highquality professional development that emphasizes collaboration and 

builds educator capacity to do the following: (1) Provide timely, differentiated support to students based on individual learning needs, 

moving each student along an individual learning trajectory at a 

sufficient pace to achieve college- and career-readiness in time for 

graduation; (2) Align instruction to the explicit, measurable, transferable learning objectives; (3) Score formative and summative assessments and participate in their development; (4) Use formative 

assessments to regularly assess student progress to mastery; (5) 

Use data on individual student learning in a timely, ongoing manner to inform instruction and support student progress to mastery; 

and (6) Use technology, including blended or online learning, to 

support student progress to mastery along individual learning trajectories. 

The committee believes this commitment to equity is critically 

important and intends for States participating in this demonstration to ensure local education agencies develop robust intervention 

systems that provide all students with the extra time and instructional supports they need to master the standards and competencies necessary for success. States should help local education 

agencies develop flexible scheduling and identify effective early 

intervention strategies to ensure that any student that falls behind 

his or her peers makes sufficient progress to remain on track to 

graduation including over age and under accredited youth. 

TITLE V: PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

Race to the Top 

The committee believes that the Race to the Top program, part 

A of title V, has shown promising results in bringing State and 

local leaders together to address education reforms. To build upon 

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this promise and build toward meaningful reform, this Act authorizes a new competitive grant program to incentivize comprehensive 

reforms and innovative strategies that are designed to lead to improved academic achievement for all students. Each year that 

funds are available, the Secretary will choose at least one priority 

from among the following critical educational goals for each competition: 

• increasing the access of children from low-income families to 

highly-rated teachers and school leaders, including by developing 

and implementing a teacher and principal evaluation system; 

• strengthening the availability and use of high-quality and 

timely data to improve instructional practices, policies, and student 

outcomes; 

• implementing college- and career-ready academic standards 

and strategies that translate such standards into classroom practice; 

• turning around the schools served by the lowest-performing 

schools; 

• support successful conditions for the creation, expansion, and 

replication of high-performing public and autonomous charter 

schools that serve students from low-income families; 

• providing equitable resources to high-poverty schools; and 

• improving school readiness by increasing access of children 

from low-income families to high-quality early learning programs 

and creating an integrated system of high-quality early learning 

programs and services. 

As with the funding priorities, the Secretary will also choose 

what entities will be eligible for each year’s competition. Eligible 

entities may include States, high-need LEAs and consortia of either, on the basis of their record of innovation and reform, the 

quality of their plan, and evidence of collaboration, among others. 

The application review and selection process must be equitable and 

transparent, and priority will be granted to rural high-need LEAs 

or consortia, as well as any eligible entity that provides a full-day, 

full-year kindergarten program to all kindergarten students, or to 

all kindergarten students from low-income families. The duration 

of the grants will be up to 4 years and continued funding will be 

conditional upon the grantees’ demonstrated progress in implementing their plans for reaching the performance targets and their 

objectives on time. 

The committee believes that Race to the Top applications from 

States and consortia of States must be signed by each State’s governor, the State’s chief school officer, and the president of the State 

board of education (if applicable). For any grant competition with 

the goal of improving early childhood education and care , States 

and consortia of States can award subgrants only to public or private nonprofit agencies and organizations; however, it is the committee’s intent that any public or private early childhood education 

program, as defined in the Higher Education Opportunity Act (P.L. 

110–315), is eligible to receive funds from such subgrants for activities consistent with any purpose included in the eligible entity’s 

plan described in section 5104(a)(3). 

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Investing in Innovation 

The Investing in Innovation program, part B of title V, was initially authorized under the American Recovery and Reinvestment 

Act. In codifying and building upon the program, the committee 

recognizes the importance of expanding the implementation of, and 

investment in, innovative practices with a demonstrated impact on 

improving student achievement, closing achievement gaps, increasing high school graduation rates, improving teacher and school 

leader effectiveness, or improving school readiness. In including a 

set-aside for rural LEAs the committee recognizes the unique needs 

of such LEAs and intends to ensure the development of innovative 

practices targeted toward their needs. 

The committee bill establishes the Advanced Research Projects 

Agency—Education (ARPA–ED). The entity is modeled after the 

Defense Advanced Research Projects Agency (DARPA), which 

makes investments in high-risk, high-return research and development (R&D). It is the committee’s intent to fund ARPA–ED 

through the use of up to 30 percent of I3 funding or a maximum 

of $100,000,000. It is the committee’s belief that ARPA–ED will 

have a similar capability to accelerate transformative innovation in 

education and learning. 

Public Charter Schools 

The Federal charter schools program, part D of title V, has been 

an instrumental complement to the State and local development of 

innovative and successful public school models across the Nation. 

In this Act, the program is updated to reflect lessons learned since 

the last reauthorization and to address the overwhelming demand, 

as evidenced by growing waiting lists, for the expansion and replication of high-performing charter schools. The program provides 

85 percent of funding for the charter school grants and 15 percent 

for charter school facilities. 

The committee believes that Federal charter school dollars 

should fund high-performing charter schools, ensuring that scarce 

resources support schools that raise student academic achievement. 

With a focus on improving the quality of the sector and investing 

in proven models of success, the charter school grants program will 

support the creation, expansion, and replication of high-performing 

charter schools through competitive grants to States, LEAs, authorizers, and charter management organizations. 

The definition of a ‘‘high-performing charter school’’ requires applicants to have goals that are higher (new schools) or results that 

are significantly higher (existing schools) than demographically 

similar schools in the State for all students and for subgroups of 

students in student academic achievement and growth, consistent 

with section 1111, and in the case of a high school, graduation 

rates and college enrollment and persistence. The definition also 

requires such charter schools to have similar or higher student retention rates. A minimum of 25 percent of funds available for the 

charter school grants must be awarded to States. It is the committee’s belief that States are ultimately responsible for authorizing 

charter schools and, as the recipient of the Charter Schools Program funds, still provide the innovative approaches to chartering 

that can inform best practices in other States. Grants will be 

awarded for an initial period of 3 years, and may be renewed for 

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an additional 2 years if the grantee is making satisfactory progress 

in meeting the grant’s objectives. 

To ensure that limited Federal resources are targeted to charter 

schools with a commitment to, or a record of, strong academic results, the reauthorized program requires high goals of student academic achievement for all student subgroups and meaningful community outreach to parents and families. It also incentivizes sound 

State policies for supporting charter schools but also for overseeing, 

monitoring and holding them accountable; promotes strong performance-based authorizing policies that are transparent and effective in closing down unsuccessful schools, and ensures that charter 

schools ensure equitable access to, and effectively serve the needs 

of, students with disabilities and English learners. Priority will be 

granted to applicants that propose to serve students from low-income families. 

The legislation establishes rigorous application requirements and 

selection criteria, with an emphasis on authorizing. For example, 

the selection process must examine the applicant’s record of closing 

low-performing charter schools and the State’s requirements for, 

and enforcement of, high-quality standards for charter school authorizers, including standards for rigorous and periodic reviews. 

Priority is given to States that ensure that all charters go thorough 

review at least every 5 years. 

The committee encourages the enrollment of students with disabilities and English language learners in charter schools and, recognizing the under-enrollment of such students in charter schools 

nationally, seeks to ensure that charter schools are accessible to all 

students on an equitable basis. To this end, the legislation includes 

critical provisions so students with disabilities and English learners are served effectively by charter schools. In addition to subgroup performance contract goals, the legislation requires all applicants to describe how they will ensure that each charter school provides equitable access and effectively serves the needs of all students, including children with disabilities and English learners, 

and implements outreach and recruitment practices that include 

families of such students. 

In addition, the selection process must examine the quality of the 

application for supporting charter schools, through such activities 

as technical assistance, to improve student academic achievement 

and growth for each subgroup and to promote effective outreach to, 

and recruitment of, students with disabilities and English learners, 

and their parents and families. 

The legislation also requires that grantees provide support and 

technical assistance in effectively serving the needs of students 

with disabilities and English learners, implement outreach and recruitment practices that includes the families of students who are 

children with disabilities and English learners, and directly, or 

through a partnership with a nonprofit, develops and implements 

parent, family, and student information, outreach, and recruitment 

programs to provide information and support to parents, families, 

and students about the public school choice options available to 

them. Overall, this legislation reflects the committee’s commitment 

that students with disabilities and English language learners have 

equal access to high-performing charter schools. 

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The charter school facilities program will support eligible entities 

to improve access to facilities financing high-performing charter 

schools and assist them in addressing the cost of acquiring, constructing, and renovating facilities. Eligible entities include States, 

LEAs, nonprofit organizations, State financing authorities, or a 

consortium of such entities. Competitive grants will be made for innovative facilities financing programs, including credit enhancement, open-facilities-access programs, making available renovated 

or adapted space, leveraging State and local facilities funding, and 

State per-pupil facilities aid programs. At least 65 percent of the 

funds must be expended for credit enhancement grants. 

TITLE VI: PROMOTING FLEXIBILITY; RURAL EDUCATION

The committee recognizes the Federal Government’s declining capacity to maintain historically high levels of education funding. It 

further recognizes the challenges LEAs face in coordinating and 

using the current Federal funding for their own distinct, LEA-specific needs with specific requirements under each Federal formula 

grant program. SASA builds upon the current law transferability 

provisions allowing LEAs to transfer as much as 100 percent of 

funding between SASA formula grant programs. The committee 

maintains current law restrictions on moving funding out of certain 

formula funds, but updated to place restrictions on moving funds 

out of titles I, III, VII, or VIII. 

The committee, recognizing the continued unique challenges facing rural LEAs reauthorizes the Rural Education Achievement Program (REAP), with changes. Since the 2000 Decennial Census, improvements have been made to the geocoding technology necessary 

to more accurately determine which areas are rural and which 

areas are urban based upon proximity to metropolitan areas, rather than on population figures alone. Technological advancements as 

well as further work in accurately determining rural areas of the 

country by the Office of Management and Budget (OMB) provides 

greater confidence to the committee that rural education program 

funds will be better targeted and focused on truly rural areas, far 

from urban and metropolitan fringes. 

Of significance, the committee added the locale code of 32 and 

updated the locale codes to 33 (territory 35 miles away from an 

urban cluster), 41 (Census territory that is less than or equal to 5 

miles from an urbanized area, as well as rural territory that is less 

than or equal to 21⁄2 miles from an urban cluster), 42 (Census territory that is more than 5 miles but less than or equal to 25 miles 

from an urbanized area, and rural territory that is more than 21⁄2

miles but less than or equal to 10 miles from an urban cluster), 

and 43 (Census rural territory that is more than 25 miles from an 

urbanized area and is almost more than 10 miles from an urban 

cluster). 

Further, the committee provided flexibility for LEAs that qualify 

both for the Rural Low-Income Schools (RLIS) and Small Rural 

School Achievement (SRSA) programs by providing LEAs the option of choosing the program for which they would prefer to receive 

funding. 

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

The changes reflected in title VII of the committee bill are designed to better focus the use of funds on programs and activities 

that meet the unique cultural, language, and educational needs of 

American Indian students to ensure that such students graduate 

college- and career-ready. 

Key reforms included in this reauthorization include additional 

flexibility to enable tribes and tribal educational agencies more authority over the education and development of Native students; a 

focus on the provision of high quality early childhood education and 

care services to ensure that children begin school ready to learn 

and recognition of the critical role tribal leaders can play in the 

education and development of Native students. 

This title authorizes the use of funds to support the preservation, 

reclamation and restoration of Native languages, acknowledging 

the role that these practices can have in supporting the academic 

achievement and also directs the Secretary of Education and the 

Director of the Bureau of Indian Education to conduct a study to 

improve collaboration among these two entities to better support 

the provision of educational services to tribes and Native students. 

Recognizing the challenges facing Native students and communities, it is the committee’s intent that these improvements 

strengthen collaboration between the Department of Education and 

the Bureau of Indian Education in ways that recognize and preserve tribal sovereignty and that support student achievement and 

development. 

Improvements made to part B are designed to better focus the 

Native Hawaiian Education Council’s efforts on addressing the 

education and workforce needs of Native Hawaiian students 

through redesigning the composition of the Native Hawaiian Education Council and refocusing its purpose to ensure proper coordination of educational and related services and programs available 

to Native Hawaiian students. It is the intent of the committee that 

Council members are responsible for carrying out the activities of 

the Council, not the executive director. 

The committee amended the definition of the Alaska Native Organization to highlight the importance of having or committing to 

acquire experience in the education of Native Alaskans and to ensure Native Alaskans have substantive policymaking positions. The 

committee also added to part C a provision designed to leverage existing assets in Alaska to improve academic achievement as well as 

college- and career-readiness. 

TITLE VIII: IMPACT AID

SASA makes significant changes to the Impact Aid program. 

First, the committee removed the overly complicated ‘‘highest and 

best uses’’ standard for identifying and then calculating the tax assessment classifications of taxable adjacent property. In exchange, 

the committee supports a simplified calculation based upon the 

total taxable value of property within the local education agency by 

then multiplying that value by the federally impacted acreage. 

The committee recognizes there is a burden on both the local 

educational agency and the Department of Education in determining the number of children relocated off-base during the duramstockstill on DSK4VPTVN1PROD with HEARINGS

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tion of a housing renovation, repair, modernization, or demolition 

project. The SASA establishes a hold harmless student count based 

on the number of on-base children enrolled prior to the project 

start date. In addition, the SASA defines what is considered a renovation, repair, and/or modernization project. Such terms do not include normal ‘‘sustainment projects’’ such as painting, carpeting or 

minor repairs. An eligible project must also be one that will last 

more than 30 days. Together it is the intent of the committee to 

lessen the time the department now spends in conducting annual 

audits of students claimed as on-base students. 

The committee also added language to support the transition of 

consolidated LEAs related to their eligibility for the Impact Aid 

program. 

Finally, the committee adds language within section 8010 requiring the Secretary of Education to pay LEAs the full amount that 

the agency is eligible to receive for a fiscal year by September 30 

of the following fiscal year for which the payment is based. Many 

of these changes were made in the 2012 National Defense Authorization Act, but with a sunset of 2 years. 

TITLE IX: GENERAL PROVISIONS

Definitions 

SASA contains several new definitions, the most notable of which 

are discussed below. 

The committee bill modifies the definition of ‘‘Advanced Placement or International Baccalaureate’’ to provide potentially more 

options for States and LEAs in achieving the goals of college- and 

career-readiness by allowing them to choose another evidencebased program model. The committee bill incorporates language enacted by Congress in the America COMPETES Act of 2007 and 

maintained in the reauthorization of that Act in 2010 [Sec. 

6122(1)(B)]. With these provisions, Congress has already acknowledged much advancement from evidence-based program models 

showing large increases in academic success for students who had 

access to rigorous high school core courses benchmarked to college 

readiness. 

The updated definition of a ‘‘Charter School’’ requires charter 

schools to have independent governance and significant autonomy 

in the areas of management, personnel, budget, schedule, and instructional program; allows charter schools to provide early childhood education and care or adult education; requires charter 

schools to comply with Title II of the Americans with Disabilities 

Act of 1990; provides an exception to the lottery requirement under 

the restart strategy and school closure strategy under section 

1116(c)(6)(B); requires charter schools to comply instead of just 

agreeing to comply with the same Federal and State audit requirements as do other elementary schools; and requires a charter 

school to have a performance contract that uses school-wide and 

subgroup student academic achievement and growth, consistent 

with section 1111, as a primary factor in decisions about the renewal or revocation of the charter, and describes the obligations 

and responsibilities of the charter school and the charter school authorizer, as well as the autonomy granted to the charter school. 

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The committee has established the new term ‘‘Conditions for 

Learning’’, which describes school factors that advance student 

achievement and positive child and youth development. This billwide definition allows for a more cross-cutting use of the term. 

The committee renamed ‘‘Family Literacy Services’’, ‘‘Family Literacy Activities’’, and also added a new subparagraph that acknowledges the link between parents receiving family literacy instruction and their capacity for supporting their children’s learning 

needs. The committee also added a definition of ‘‘Family Member,’’ 

used in sections 1111 and 1118 and part G of title IV to acknowledge the important role that noncustodial family members and 

other caring adults (whether mentors, tutors, afterschool providers, 

or other community members involved in education) play in the 

lives of children. 

The committee bill creates a new bill-wide definition for ‘‘HighNeed Local Education Agency’’ as a number of programs in the bill 

require a focus on students attending schools in these LEAs. This 

definition uses population and poverty as determining factors. The 

term is currently only defined in Title II of ESEA in the Teacher 

and Principal Training program (based on poverty and teachers in 

certain subjects) and in the Educational Technology program 

(based on poverty and need for technology.) 

The committee renamed ‘‘Pupil Services Personnel’’ ‘‘Specialized 

Instructional Support Personnel’’ and expanded the definition to include school nurses. In doing so, the committee wishes to recognize 

the critical link to school success that school nurses play for many 

students. 

In addition to the above new definitions, the terms ‘‘professional 

growth and improvement system,’’ ‘‘positive behavioral interventions and supports,’’ and ‘‘young child’’ are defined. 

Unsafe School Choice Option 

The committee has amended the Unsafe School Choice Policy. 

The previous reauthorization of this Act required each State to 

identify ‘‘persistently dangerous’’ schools, as defined by the State, 

and allow students attending such schools to transfer to a school 

determined as ‘‘safe’’ by the State. The committee holds that, 

though well-intentioned, the ‘‘persistently dangerous’’ designation 

did not result in increases in school safety. Rather, in many cases 

it created disincentives for schools to accurately report data on violent criminal incidents. The committee has eliminated the ‘‘persistently dangerous’’ designation, while maintaining a provision allowing students who become victims of violent criminal offenses to 

transfer to a ‘‘safe’’ school, and including a new provision allowing 

students who are threatened with a violent criminal offense to do 

the same. This change empowers students and families to make 

educational choices based on their own experiences of school safety, 

and removes disincentives for schools to accurately report violent 

incident data. 

Evaluation Authority 

The committee intends for the Secretary to reserve not less than 

1 percent and not more than 3 percent of the amount appropriated 

for each categorical program and demonstration project authorized 

under the Act for the purpose of evaluation. The Secretary, acting 

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through the Director of the Institute of Education Sciences, must 

use the funds to conduct high quality evaluations, provide technical 

assistance, evaluate the aggregate short- and long-term effects and 

cost efficiencies across Federal programs under the bill and identify 

and disseminate research and best practices. It also requires the 

Secretary to submit an annual plan to Congress. 

The committee intends for all authorized programs under this 

Act to be evaluated in a rigorous manner through the Institute of 

Education Science under the guidance of the Director and in consultation with the appropriate programmatic staff in the Department of Education. The committee recognizes evaluation of programs intended to serve a broad range of students as comprehensively as possible is sometimes in conflict with the most rigorous 

methodologies for determining program effectiveness. The committee’s intent in setting aside funds for evaluation, under the evaluation authority in part F of title IX, is to create program evaluations 

designed to allow for conclusions to be made regarding the programs’ effectiveness and whether the investment of limited Federal 

dollars is still merited for programs that have not met program expectations. While experimental and quasi-experimental designs are 

preferred, the committee recognizes that those designs are sometimes impractical and alternatives need to be used. The committee’s intent is for the Director of the Institute of Education Science 

to conduct program evaluations with the strongest possible design 

to provide researchers and policymakers with reliable and valid information upon which future decisions can be made regarding the 

effectiveness of the programs under this Act. 

TITLE X: COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT

SYSTEMS FOR PUBLIC SCHOOLS

The committee established a Commission on Effective Regulation 

and Assessment Systems for Public Schools. The Commission will: 

(1) examine the regulatory requirements on elementary and secondary education at the Federal, State, and local levels, with an 

aim to identify unnecessary, redundant, or conflicting laws, rules, 

and regulations; (2) investigate how Federal, State, and local interpretations of laws and regulations create additional or unnecessary 

burden and are used as rationale for imposing requirements that 

are not actually mandated by law; (3) make recommendations on 

how to align and improve requirements in such regulations; (4) examine the quality and purpose of current assessment requirements; 

and (5) make recommendations to improve and align assessment 

systems to provide meaningful information and improve student 

achievement, teacher performance, and innovation. 

TITLE XI: AMENDMENTS TO OTHER LAWS & MISCELLANEOUS

PROVISIONS

Homeless Education (McKinney-Vento Homeless Assistance Act) 

The committee recognizes the unique challenges to academic 

achievement faced by the growing population of homeless students. 

In the 2010–11 school year, 1,065,794 homeless children and youth 

were enrolled in public schools. This is a 57 percent increase since 

the 2006–7 school year. The McKinney-Vento Homeless Education 

Reauthorization Act of 2011, Title X of SASA, helps these vulnermstockstill on DSK4VPTVN1PROD with HEARINGS

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able children and youth become college- and career-ready by removing barriers to their identification, enrollment, attendance, and success in school. The amendments build on current law to enhance 

school stability and access to educational opportunities. The committee acknowledges the special difficulties of unaccompanied 

homeless youth, who struggle to obtain an education without a parent or a home. The bill includes provisions to ensure that these 

youth are enrolled in school, able to earn credits, and informed of 

their status as independent students for financial aid. Young children who are homeless also face unique barriers to accessing early 

childhood programs; the committee adopted provisions to ensure 

that these children are identified and prioritized for enrollment in 

public preschool programs. Further, to ensure uninterrupted education, the committee clarified that, in the case of a dispute, homeless children and youth must remain enrolled in school until the 

final resolution of the dispute. 

Amendments to title I, part A, make permissible the use of title 

I funds for transportation to assist homeless children and youth to 

stay in their school of origin, thus providing greater flexibility to 

LEAs on how title I reservations for homeless students may be 

spent. 

ARPA–ED 

The committee adopted an amendment offered by Senator Bennet to establish the Advanced Research Projects Agency—Education (ARPA–ED). The entity is modeled after the Defense Advanced Research Projects Agency (DARPA), which makes investments in high-risk, high-return research and development (R&D). 

It is the committee’s belief that ARPA–ED will have a similar capability to accelerate transformative innovation in education and 

learning. 

IV. REGULATORY IMPACT STATEMENT

The committee has determined there will be reduced demands 

upon States, local educational agencies, and other recipients of 

ESEA funds, due largely to the more targeted accountability features and reduced number of programs contained in the Elementary and Secondary Education Reauthorization Act (SASA). 

SASA requires States to adopt college- and career-ready academic content standards, and assessments tied to those standards. 

Many States have already undertaken this work. SASA maintains 

the No Child Left Behind (NCLB) Act’s requirement that all public 

school students in grades three through eight be tested annually in 

mathematics and reading. SASA also maintains requirements that 

States participate in annual State assessments under the National 

Assessment of Educational Progress (NAEP) in fourth and eighth 

grade mathematics and reading and issue annual report cards that 

include assessment and student achievement information. 

With regard to the title I accountability system, SASA limits federally prescribed interventions to the lowest performing 5 percent 

of schools in a State, and an additional 5 percent of schools with 

large subgroup achievement gaps. In contrast, NCLB required 

interventions in all schools that were not making adequate yearly 

progress. 

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In general, recipients of ESEA funds will be expected to use 

those funds on programs which have proven to be effective in improving student achievement and performance and in meeting 

other program objectives. The committee believes that it is appropriate to demand results and accountability in exchange for Federal investments in programs authorized under the Elementary 

and Secondary Education Act. However, in this reauthorization the 

committee has sought to target Federal mandates to those areas 

that the implementation of NCLB has shown are effective. 

Finally, SASA cuts the number of programs in ESEA and consolidates many into broader program authorities. This program consolidation is expected to reduce the administrative time and expense involved in developing, processing, and awarding separate 

grants—and to result in funding applicants with more capacity to 

efficiently and effectively carry out grant activities. SASA also 

maintains the authority for small, rural school districts to combine 

funds from several separate formula grant programs and apply 

these funds toward local initiatives designed to improve student 

achievement. 

V. APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

The committee bill reauthorizes and amends the Elementary and 

Secondary Education Act of 1965 to continue programs primarily 

offering assistance to States and local educational agencies on behalf of elementary and secondary school students and teachers and, 

as such, has no application to the legislative branch. 

VI. COST ESTIMATE

U.S. CONGRESSIONAL BUDGET OFFICE, 

WASHINGTON, DC, 

September 13, 2013. 

Hon. TOM HARKIN, Chairman, 

Committee on Health, Education, Labor, and Pensions, 

U.S. Senate, 

Washington, DC 20510. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1094, the Strengthening 

America’s Schools Act of 2013. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Justin Humphrey, who 

can be reached at 226–2820. 

Sincerely, 

DOUGLAS W. ELMENDORF, 

Director. 

Enclosure. 

S. 1094—Strengthening America’s Schools Act of 2013 

Summary: S. 1094 would amend and reauthorize most programs 

in the Elementary and Secondary Education Act of 1965 (the 

ESEA, commonly referred to, in its most recently reauthorized 

form, as No Child Left Behind). The underlying authorizations for 

those programs have expired, although most have received appropriations since their authorizations have expired. For almost all of 

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the programs, the bill would authorize the appropriation of such 

sums as may be necessary for fiscal years 2014 through 2018. The 

bill also would amend and reauthorize the McKinney-Vento Homeless Assistance Act and amend the Department of Education Organization Act. 

CBO estimates that S. 1094 would authorize the appropriation of about $24 billion in 2014 and $127 billion over the 2014–18 period. 

Implementing the bill would have discretionary costs of $93 billion 

over the 2014–18 period, assuming appropriation of the estimated 

amounts. 

Enacting the bill also would increase direct spending by $10 million over the 2014–23 period; therefore, pay-as-you-go procedures 

apply. Enacting the bill would not affect revenues. 

S. 1094 contains no intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA). 

S. 1094 would impose a private-sector mandate, as defined in 

UMRA, on parents and guardians of unaccompanied youth by 

shielding schools from liability that might result from enrolling unaccompanied youth without parental or guardian consent. CBO expects that the costs of the mandate would not exceed the annual 

threshold established in UMRA for private-sector mandates ($150 

million in 2013, adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary impact of the bill is shown in the following table. The costs 

of this legislation fall within budget 500 (education, training, employment, and social services). 

By fiscal year, in millions of dollars 

2014 2015 2016 2017 2018 2014–18 

CHANGES IN DIRECT SPENDING 1

Federal Student Loan and TEACH Grant Programs: 

Estimated Budget Authority ............................................... 3 * * 1 1 5 

Estimated Outlays .............................................................. 3 * * 1 1 5 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Title I: Improving the Academic Achievement of the Disadvantaged:.

Estimated Authorization Level ........................................... 15,590 15,881 16,218 16,555 16,908 81,152 

Estimated Outlays .............................................................. 312 12,166 15,200 16,139 16,475 60,291 

Title II: Supporting Teacher and Principal Excellence: 

Estimated Authorization Level ........................................... 3,063 3,120 3,187 3,253 3,322 15,946 

Estimated Outlays .............................................................. 92 1,472 2,572 3,144 3,209 10,490 

Title III: Language and Academic Content Instruction for 

English Learners and Immigrant Students: 

Estimated Authorization Level ........................................... 705 718 733 748 764 3,669 

Estimated Outlays .............................................................. 7 444 664 699 713 2,527 

Title IV: Supporting Successful, Well-Rounded Students: 

Estimated Authorization Level ........................................... 2,271 2,330 2,379 2,429 2,481 11,890 

Estimated Outlays .............................................................. 45 1,364 2,080 2,355 2,405 8,249 

Title V: Promoting Innovation: 

Estimated Authorization Level ........................................... 1,074 1,094 1,117 1,140 1,165 5,590 

Estimated Outlays .............................................................. 22 400 889 1,100 1,122 3,532 

Title VI: Promoting Flexibility; Rural Education: 

Estimated Authorization Level ........................................... 173 176 180 184 188 900 

Estimated Outlays .............................................................. 3 104 158 178 182 625 

Title: VII: Indian, Native Hawaiian, and Alaska Native Education: 

Estimated Authorization Level ........................................... 203 207 212 216 221 1,059 

Estimated Outlays .............................................................. 6 98 171 209 213 697 

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By fiscal year, in millions of dollars 

2014 2015 2016 2017 2018 2014–18 

Title VIII: Impact Aid: 

Estimated Authorization Level ........................................... 1,245 1,268 1,295 1,322 1,350 6,480 

Estimated Outlays .............................................................. 1,106 1,156 1,288 1,317 1,345 6,211 

Title X: Committee on Effective Regulation and Assessment 

of Systems for Public Schools: 

Estimated Authorization Level ........................................... 1 1 1 1 1 5 

Estimated Outlays .............................................................. 1 1 1 1 1 5 

Title XI: Amendments to Other Laws; Miscellaneous Provisions: 

Estimated Authorization Level ........................................... 113 115 118 120 123 589 

Estimated Outlays .............................................................. 3 54 95 116 119 388 

Total Increase in Discretionary Spending: 

Estimated Authorization Level ....................................... 24,438 24,911 25,440 25,969 26,522 127,279 

Estimated Outlays ......................................................... 1,598 17,258 23,117 25,257 25,784 93,014 

Notes: Some programs received advance appropriations for fiscal year 2014, but those amounts are not reflected in the table. 

Components may not sum to totals because of rounding. 

* = less than $500,000. 

1 CBO estimates that enacting the bill would increase direct spending by $10 million over the 2014–23 period. 

Basis of estimate: Unless otherwise noted, the bill would authorize the appropriation of such sums as may be necessary for each 

of fiscal years 2014 through 2018 for programs discussed below. 

(All authorizations in the bill would automatically be extended 1 

year under the General Education Provisions Act.) Estimated authorization levels are based on the funding levels for previous fiscal 

years for the same or similar programs or, for some new programs, 

the level of funding proposed in the President’s fiscal year 2014 

budget request. For this estimate, CBO assumes that the bill will 

be enacted near the start of fiscal year 2014, that the Congress will 

appropriate the estimated amounts, and that spending will follow 

historical patterns. 

Direct Spending 

S. 1094 would amend the definition of a highly qualified teacher 

and the definitions of levels of poverty in school districts. The Department of Education uses those definitions to determine eligibility for both forgiveness of Federal student loan debt for teachers 

and the TEACH Grant program. The amendments to the definitions would increase eligibility for both programs. 

CBO estimates that the increase in eligibility would increase direct spending for the Federal student loan programs by $10 million 

over the 2014–23 period. In addition, we estimate that the proposed changes would increase direct spending for the TEACH 

Grant program by a negligible amount. 

Spending Subject to Appropriation 

CBO estimates that fully funding the authorizations in this bill would require appropriations of approximately $25 billion a year 

over the 2014–18 period of authorization, for a total of $127 billion. 

Those appropriations would cost $93 billion over the 2014–18 period and an additional $34 billion after 2018, assuming the appropriation of the estimated amounts. The Congress appropriated 

about $24 billion for similar activities authorized in the ESEA and 

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other legislation for fiscal year 2013. Sequestration under the 

Budget Control Act of 2011 reduced that total to about $23 billion. 

Title I—Improving the Academic Achievement of the Disadvantaged. Title I of the bill would reauthorize funding for most 

programs in Title I of the Elementary and Secondary Education 

Act as well as create new grant programs designed to support secondary school reform. CBO estimates that implementing this title 

would require $15.6 billion in funding for fiscal year 2014 and 

would lead to discretionary costs of $60.3 billion over the 2014–18 

period, assuming the appropriation of the estimated amounts. The 

bill would authorize the appropriation of the following amounts: 

• Improving Basic Programs Operated by Local Educational 

Agencies. Part A would reauthorize funding for grants to local educational agencies (LEAs), school improvement grants, various assessments of education progress, Centers for Excellence in Early 

Childhood Education, and administrative support. CBO estimates 

the authorization of appropriations for all of part A would total 

$15.1 billion (of which about $14.0 billion would be for grants to 

LEAs) in fiscal year 2014 and similar amounts (with adjustments 

for anticipated inflation) in subsequent years. Implementing those 

provisions would cost $56.2 billion over the 2014–18 period. The 

bulk of the spending, $54.1 billion, would be for grants to local educational agencies. The Congress appropriated about $14.5 billion 

for grants to LEAs for fiscal year 2013, and that total was reduced 

to about $13.8 billion by sequestration. 

• Pathways to College. Part B would create a new set of grant 

programs to encourage school districts to implement strategies in 

secondary schools to prepare students for colleges and careers. The 

bill also would expand the program that currently supports grants 

to Advanced Placement programs to include International Baccalaureate programs. CBO estimates that this part would authorize 

the appropriation of slightly more than $100 million for fiscal year 

2014. We estimate that implementing those provisions would cost 

about $400 million over the 2014–18 period. 

• Education of Migratory Children. Part C would reauthorize 

programs that support the education of children of migrant workers. CBO estimates that provision would authorize the appropriation of almost $400 million in fiscal year 2014, leading to estimated 

discretionary spending of $1.5 billion over the 2014–18 period. The 

Congress appropriated about $400 million for similar activities in 

fiscal year 2013, an amount that was reduced to about $375 million 

by sequestration. 

• Prevention and Intervention Programs for Children and Youth 

Who Are Neglected, Delinquent, or At Risk. Part D would reauthorize programs that support the education of at-risk children. CBO 

estimates that provision would authorize the appropriation of approximately $50 million in fiscal year 2014. Implementing part D 

would cost about $200 million over the 2014–18 period. For fiscal 

year 2013, available funding totaled almost $50 million for at-risk 

children. 

• Educational Stability of Children in Foster Care. Part E would 

require that State educational agencies that receive funding under 

this title coordinate with the responsible agencies when children in 

foster care programs move to different school attendance areas. 

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1The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2006 (Public Law 109–149) originally authorized the Teacher Incentive 

Fund under the authority granted in the ESEA in Subpart 1, of Part D, of Title V, Fund for 

the Improvement of Education—Programs of National Significance. 

CBO estimates that part E would have no significant effect on Federal spending. 

Title II—Supporting Teacher and Principal Excellence. 

Title II would modify and reauthorize grant programs designed to 

support teacher training and improvement. CBO estimates that the 

bill would authorize the appropriation of $3.1 billion for those activities in fiscal year 2014 and $15.9 billion over the 2014–18 period. We estimate that fully funding those activities would cost 

$10.5 billion over the 2014–18 period, assuming the appropriation 

of the estimated amounts. 

• Continuous Improvement and Support for Teachers and Principals. Part A would reauthorize the State grant program for improving teacher quality and authorize funding for the recruitment 

and training of principals. CBO estimates the bill would authorize 

the appropriation of $2.5 billion for those grants for fiscal year 

2014, and that outlays would total $8.7 billion over the 2014–18 period. The Congress appropriated about $2.5 billion for State grants 

in 2013, and sequestration reduced that amount by about $130 million. 

• Teacher Pathways to the Classroom. Under part B, the bill 

would authorize funding for grants to partnerships of institutions 

of higher education and State or local educational agencies to support the recruitment and retention of teachers in high-need subjects at high-need schools. Those new grants would replace an existing program that provides grants specifically for mathematics 

and science partnerships, which received about $140 million in 

funding for fiscal year 2013 after sequestration. CBO estimates this 

provision would have discretionary costs of about $500 million over 

the 2014–18 period. 

• Teacher Incentive Fund Program. Part C would reauthorize the 

Teacher Incentive Fund, which supports grants to LEAs and other 

organizations to develop and implement performance-based teacher 

and principal compensation systems in high-need schools.1 CBO estimates that this provision would authorize the appropriation of 

about $300 million for fiscal year 2014 and have discretionary costs 

of $1.0 billion over the 2014–18 period. The Congress appropriated 

about $300 million for State grants in 2013, and sequestration reduced this amount by about $15 million. 

• Achievement Through Technology and Innovation. Additionally, 

part D would reauthorize and modify the Enhancing Education 

Through Technology Program to improve teaching and learning 

through technology. CBO estimates that implementing this provision would cost about $350 million over the 2014–18 period. No 

funding was provided for part D in fiscal year 2013. (In fiscal year 

2010, education technology programs included under part D of this 

legislation received about $100 million.) 

Title III—Language and Academic Content Instruction for 

English Learners and Immigrant Students. Title III of the bill 

provides support for teaching of the English language, including to 

recent immigrants. CBO estimates the bill would authorize the apmstockstill on DSK4VPTVN1PROD with HEARINGS

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propriation of more than $700 million for grants to States and for 

other activities in 2014 and $3.7 billion over the 2014–18 period. 

Implementing this title would cost about $2.5 billion over the 

2014–18 period, assuming the appropriation of the necessary 

amounts. The Congress appropriated about $730 million for similar 

activities in fiscal year 2013, an amount that was reduced to a little less than $700 million under sequestration. 

Title IV—Supporting Successful, Well-Rounded Students. 

Title IV would authorize funding for various grant programs designed to improve literacy and math and science instruction. It also 

would support measures to improve the health and safety of students. CBO estimates this title would authorize the appropriation 

of approximately $2.3 billion in fiscal year 2014 and $11.9 billion 

over the 2014–18 period. Implementing Title IV would cost about 

$8.2 billion over the 2014–18 period, assuming the appropriation of 

the necessary amounts. 

• Improving Literacy Instruction and Student Achievement. Part 

A would authorize grants to support activities designed to increase 

literacy for individuals from birth through the end of high school, 

and it would authorize grants to improve school library programs. 

CBO estimates that spending for these purposes would total about 

$750 million over the 2014–18 period. • Improving Science, Technology, Engineering, and Mathematics 

Instruction and Student Achievement. Part B would authorize 

grants to States to increase access to science, technology, engineering, and mathematics, and to provide professional development for 

teachers. CBO estimates that implementing part B would have discretionary costs of about $1.5 billion over the 2014–18 period. 

• Increasing Access to a Well-Rounded Education and Financial 

Literacy. Part C would authorize grants to local educational agencies to support access for low-income students to education topics 

such as the arts, civics and government, economics, environmental 

education, and foreign languages. Part C also would authorize 

grants to State educational agencies to improve the teaching of financial literacy. CBO estimates that spending for those grants 

would cost almost $300 million over the 2014–18 period. 

• Successful, Safe, and Healthy Students. Part D would authorize a new grant program to promote student physical and mental 

health and well-being and to prevent violence and substance abuse, 

similar to activities funded by State grants for safe and drug-free 

schools under current law. The bill also would authorize funding 

for school districts in which the learning environment has been disrupted due to violence or another traumatic event to purchase or 

construct new facilities to maintain an appropriate learning environment. CBO estimates that those grants would have discretionary costs of about $1.1 billion over the 2014–18 period. 

• Student Non-Discrimination. Part E would require any Federal 

agency that terminates or refuses to provide financial assistance to 

an education program because that program discriminates on the 

basis of sexual orientation or gender identity to submit a report to 

the Congress detailing the action. CBO estimates this section 

would have a negligible impact on discretionary spending over the 

2014–18 period. 

• 21st Century Community Learning Centers. Part F would reauthorize grants for 21st Century Community Learning Centers, 

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2The Consolidated Appropriations Act, 2010 (Public Law 111–117) authorized Promise Neighborhood grants under the authority granted in the ESEA in Subpart I, of Part D, of Title V, 

Fund for the Improvement of Education—Programs of National Significance. 

which support before- and after-school and summer school programs. CBO estimates this provision would authorize the appropriation of more than $1.1 billion for fiscal year 2014 and would 

lead to discretionary costs of $4.0 billion over the 2014–18 period. 

The Congress appropriated more than $1.1 billion for this program 

in fiscal year 2013. Sequestration reduced that total by almost $60 

million. • Promise Neighborhoods. Part G would reauthorize Promise 

Neighborhood grants, which go to organizations to provide family 

and community services and to support comprehensive education 

reforms in high-need areas.2 CBO estimates that spending for part F over the 2014–18 period would total about $200 million. About 

$55 million was available for this program in fiscal year 2013. • Additional Programs. Parts H, I, and J would reauthorize Parent and Family Information and Resource Centers, the Ready to 

Learn program, and Programs of National Significance. CBO estimates that the total authorization of appropriations for fiscal year 

2014 for those programs would be about $100 million and total 

spending for fiscal years 2014 through 2018 would be almost $400 

million. Part K would permit the Secretary of Education to grant 

demonstration authority to eligible entities to incorporate competency-based accountability into State accountability systems required under Title I. The bill also would require the Secretary to 

disseminate a report detailing best practices on the implementation 

of those systems. CBO estimates implementing part K would have 

a negligible effect on discretionary spending. 

Title V—Promoting Innovation. CBO estimates that title V 

would authorize the appropriation of about $1.1 billion in fiscal 

year 2014 and $5.6 billion over the 2014–18 period. Implementing 

title V would cost about $3.5 billion over the 2014–18 period, assuming the appropriation of the estimated amounts. 

Race to the Top and Investing in Innovation. Parts A and B 

would authorize funding for the Race to the Top and Investing in 

Innovation programs, both created in the American Recovery and 

Reinvestment Act (Public Law 111–5). Those competitive grants 

programs are designed to encourage educational innovation and reform at the State and local levels. CBO estimates that the bill 

would authorize the appropriation more than $500 million for Race 

to the Top and almost $150 million for Investing in Innovation for 

fiscal year 2014. Implementing those two programs would cost $1.7 

billion and $0.5 billion, respectively, over the 2014–18 period. The 

Congress appropriated about $700 million for these two programs 

in fiscal year 2013, and about $660 million was available after sequestration. 

Magnet Schools, Charter Schools, and Public School Choice. 

Parts C, D, and E would reauthorize funding for Magnet Schools 

Assistance, Charter School Grants, and Voluntary Public School 

Choice. CBO estimates that the bill would authorize the appropriation of almost $400 million for fiscal year 2014 and would have 

total discretionary costs of about $1.3 billion over the 2014–18 

period for those programs. The Congress appropriated about $350 

million for grants for magnet and charter schools in 2013, an 

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amount that was reduced by about $20 million by sequestration. 

No funding was provided for public school choice in 2013. 

College Information Demonstration Program. Part F would authorize funding for a demonstration program to encourage secondary students at high-need schools to apply to and enroll in postsecondary education and apply for and receive financial aid. CBO 

estimates implementing this provision would cost about $90 million 

over the 2014–18 period. 

Title VI—Promoting Flexibility; Rural Education. Title VI 

would reauthorize rural education achievement programs, which 

provide grants to assist rural school districts in improving teaching 

and learning outcomes. CBO estimates the bill would authorize the 

appropriation of about $170 million in spending for fiscal year 2014 

and approximately $900 million over the 2014–18 period. Implementing this title would have discretionary costs of roughly $600 

million over the 2014–18 period, assuming the appropriation of the 

estimated amounts. The Congress appropriated about $180 million 

for similar activities in fiscal year 2013, an amount that was reduced by about $10 million by sequestration. 

Title VII—Indian, Native Hawaiian, and Alaska Native 

Education. Title VII would reauthorize grant programs for Native 

Americans, Native Hawaiians, and Alaska Natives. Programs for 

Alaska Natives would be authorized through 2019. The bill would 

amend current law to authorize the repair and renovation of public 

schools that serve higher concentrations of Native Hawaiian students. CBO estimates the bill would authorize the appropriation of 

about $200 million for fiscal year 2014 and $1.1 billion over the 

2014–18 period. Implementing this title would cost about $700 million over the 2014–18 period, assuming the appropriation of the 

necessary amounts. The Congress appropriated almost $200 million 

for these programs in 2013, an amount that was reduced by about 

$10 million by sequestration. 

Title VIII—Impact Aid. Title VIII would reauthorize impact aid 

programs, which provide funding to assist local educational agencies affected by the activities of the Federal Government, such as 

those on a military base or Indian reservation. CBO estimates that 

title VIII would authorize about $1.2 billion in fiscal year 2014 and 

about $6.5 billion over the 2014–18 period. We estimate that fully 

funding this title would result in discretionary costs of $6.2 billion 

over the 2014–18 period, assuming the appropriation of the estimated amounts. The bulk of this spending, about $5.8 billion over 

the 2014–18 period, would be for basic support payments to LEAs 

to assist in the education of certain children residing on Federal 

property. The additional $400 million would be used to construct 

and maintain schools that educate those children. The Congress appropriated almost $1.3 billion for impact aid in 2013, and a little 

more than $1.2 billion was available after sequestration. 

Title X—Committee on Effective Regulation and Assessment of Systems for Public Schools. Title X would require the 

Secretary of Education to establish a commission to examine Federal, State, and local regulations that affect elementary and secondary education. CBO estimates that this provision would authorize the appropriation of $1 million in each year. 

Title XI—Amendments to Other Laws; Miscellaneous Provisions. Subpart I of title XI would reauthorize the McKinneymstockstill on DSK4VPTVN1PROD with HEARINGS

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Vento Homeless Assistance Act, which authorizes grants to States 

to assist in the education of homeless children. The bill would authorize the appropriation of such sums as may be necessary for fiscal years 2014 through 2020. CBO estimates that this subpart 

would authorize the appropriation of more than $60 million for fiscal year 2014 and have discretionary costs of about $200 million for 

the 2014–18 period. Available funding under this Act totaled about 

$60 million for fiscal year 2013. 

Subpart II would amend the Department of Education Organization Act to create an agency within the department responsible for 

the research and development of educational technology to improve 

student achievement. Funding from the Investing in Innovation 

program, authorized in title IV, would be reserved to support this 

new agency. CBO estimates that this provision would authorize the 

appropriation of $50 million in fiscal year 2014 and would cost almost $200 million over the 2014–18 period. 

Pay-as-you-go consideration: The Statutory Pay-As-You-Go Act of 

2010 establishes budget-reporting and enforcement procedures for 

legislation affecting direct spending or revenues. The net changes 

in outlays under S. 1094, the Strengthening America’s Schools Act 

of 2013, that are subject to those pay-as-you-go procedures are 

shown in the following table. 

CBO Estimate of Pay-As-You-Go Effects for S. 1094, the Strengthening America’s Schools Act of 

2013, as Ordered Reported by the Senate Committee on Health, Education, Labor, and Pensions on June 12, 2013 

By fiscal year, in millions of dollars 

2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2013– 

2018 

2013– 

2023 

NET INCREASE IN THE DEFICIT 

Impact on the 

Deficit ............. 0 3 0 0 1 1 1 1 1 1 1 5 10 

Estimated impact on State, local, and tribal governments: S. 1094 

contains no intergovernmental mandates as defined in UMRA and 

would impose no costs on State, local, or tribal governments. Those 

governments would benefit from grants authorized in the bill for elementary and secondary education. Any costs associated with those 

grants would be incurred voluntarily as a result of complying with 

conditions of Federal assistance. 

Estimated impact on the private sector: S. 1094 would shield 

schools from liability that might result from enrolling unaccompanied youth without parental or guardian consent. The bill would 

impose a private-sector mandate, as defined in UMRA, on parents 

and guardians ofunaccompanied youth to the extent that they 

would be denied an existing right to compensation. However, such 

claims are very rare, and no damages have been awarded for such 

claims in the past 10 years. Therefore, CBO expects that the costs 

of the mandate would not exceed the annual threshold established 

in UMRA for private-sector mandates ($150 million in 2013, adjusted annually for inflation). 

Previous CBO estimate: On July 10, 2013, CBO transmitted a 

cost estimate for H.R. 5, the Student Success Act, as ordered reported by the House Committee on Education and the Workforce 

on June 19, 2013. CBO estimated that the bill, which also would 

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reauthorize the ESEA, would authorize the appropriation of about 

$23 billion for fiscal year 2014 and $114 billion over the 2014–18 

period. Differences in the estimates reflect differences in the legislation. 

Estimate prepared by: Federal Costs: Justin Humphrey; Impact 

on State, Local, and Tribal Governments: J’nell L. Blanco; Impact 

on the Private Sector: Vi Nguyen. 

Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

VII. SECTION-BY-SECTION ANALYSIS

TITLE I—COLLEGE AND CAREER READINESS FOR ALL STUDENTS

Part A—Improving the Academic Achievement of the Disadvantaged 

The committee bill refocuses title I to provide States and districts 

with the flexibility they need to ensure that all students, including 

students with disabilities and English learners, are college- and career-ready by the time they graduate from high school. 

Standards 

College- and Career-Ready Standards: States must adopt collegeand career-ready standards in reading and mathematics that align 

with relevant career and technical standards, as well as creditbearing, academic coursework at the State’s public institutions of 

higher education. Students who meet these standards will not need 

remediation at the State’s public institutions of higher education. 

States must also develop standards for science, but the Federal 

Government does not require that these be used for accountability 

purposes. 

English Proficiency Standards: States must adopt English proficiency standards aligned with the State’s college- and careerready standards. 

Early Learning Guidelines: The bill asks States who use title I 

funds to develop or certify the existence of guidelines that are developmentally appropriate for children aged birth through entry 

into kindergarten, which describe what children should know and 

be able to do. 

Assessments 

States must develop assessments in reading and math aligned 

with their college- and career-ready standards that are given not 

less than once in grades three through eight, not less than once in 

high school, and in all elementary and secondary schools. The assessments must include multiple measures of student achievement 

and measure individual student academic growth, which may be 

accomplished through computer adaptive tests. States must also establish assessments for English proficiency aligned with the State’s 

English proficiency standards. The outcomes of these assessments 

will be incorporated into the State’s accountability framework. 

States may develop alternate assessments for students with the 

most significant cognitive disabilities, but such assessments may 

not be given to more than 1 percent of all students in the State. 

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State Accountability 

A State will set ambitious, but achievable, annual performance 

targets for student growth, academic proficiency and English proficiency for itself, its districts, and all its public elementary and 

secondary schools for each assessed subject and grade level. 

Performance targets may be: 

• Those adopted through the waiver agreements with the Secretary. 

• The percentage of students meeting or exceeding grade-level 

standards at the highest 10 percent of schools in the State, subject 

to approval by the Secretary. 

• Equally ambitious targets to the ones above, subject to approval by the Secretary. 

To help States transition to this new accountability system, 

States will establish a new baseline for its assessments 2 years 

after the law is enacted. During the 2 year transition, States must 

continue to assess students, disaggregate data, and provide interventions for schools that were priority and focus schools on the 

date of enactment of the law. 

Local Accountability 

States will identify the following types of schools for different 

interventions: 

• Priority Schools—5 percent of the bottom-performing elementary schools and 5 percent of the bottom performing high schools 

in the State. Districts must choose 1 of 6 interventions for schools 

in this category, which include a State-developed intervention that 

has a basis in evidence. Rural districts are given flexibility in administering the interventions. 

• Focus Schools—the 10 percent of schools that are not priority 

schools with the greatest achievement gaps among student subgroups. States will develop and implement a data-driven correction 

plan to improve student performance in these schools. 

Districts will identify schools that have missed their performance 

targets for student subgroups for 2 consecutive years and will, in 

collaboration with the school, implement a locally designed intervention to improve student performance. 

State and Local Report Cards 

Each district and State must provide a report card for each public elementary and secondary school in the State. The report cards 

must include, among other things: information relating to the 

State’s accountability system; information relating to student 

achievement and graduation rates, disaggregated and cross-tabulated across income statute, ethnicity, gender, and ability; evaluation results for teachers and principals, when appropriate; discipline data; information related to access to, and participation in, 

Advanced Placement and International Baccalaureate programs; 

data related to pregnant and parenting students; and the number 

of military-connected students served by public schools in the districts and States. 

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Equity Report Card 

Each district must provide a parent with the following information on each school: 

• Student achievement data, disaggregated by subgroup; 

• Information on the school’s funding source (Federal , State, 

local, or donations); 

• For each high school, the graduation rate and the rate students enroll in college; 

• Information on educational opportunities at each school, including availability of: 

• Preschool and full-day kindergarten; Advanced Placement 

and International Baccalaureate courses; Dual enrollment and 

early college opportunities; and Gifted programming; and 

• Information on the school’s climate, including disciplinary 

data. 

Blue Ribbon Schools 

The bill continues to provide States the option of recognizing and 

rewarding schools with the highest student achievement and most 

growth. States must define the criteria for recognizing schools 

based on the percentage of making sufficient growth to achieve 

college- and career-readiness, graduation rate, and the performance 

of each subgroup of students. States may set-aside one-half percent 

of title I to reward Blue Ribbon schools. Identified title I schools 

may use reward funds to improve student achievement and to provide technical assistance to similar schools in the State. The bill 

gives schools flexibility in the use of these funds. 

Centers of Excellence in Early Childhood 

The bill authorizes a new program to designate and reward exemplary early childhood education programs that have a demonstrated track-record of success in getting low-income families 

ready for school. The governor of each State must nominate an 

early childhood education program that may apply for a grant from 

the Secretary. Centers of Excellence must use their grant to disseminate best practices to other early childhood education providers in their area. Centers of Excellence may also use funding to 

expand their services and increase access to their program. Subject 

to appropriations, the minimum grant for a Center of Excellence is 

$200,000. 

Comparability of Services 

By the 2015–16 school year, local school districts must show that 

their average combined local and State funds per pupil for title I 

schools is equal to or greater than the average combined local and 

State funds per pupil for non-title I schools. If all schools in a district are eligible for title I funds, the local school district must demonstrate to the SEA that the average combined local and State 

funds expended per pupil in high-poverty schools is equal to or 

greater than the average combined local and State funds expended 

per pupil in the district’s low-poverty schools. 

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Equitable Distribution of Teachers 

Beginning with the 2015–16 school year, the State educational 

agency must provide for the equitable distribution of teachers within local school districts. Teachers who are new to the profession, 

have not completed a teacher preparation program, are not teaching in their certified field of study, who are not classified as highly 

qualified, and who are in the lowest or highest rating level of their 

local teacher evaluation system must be equally distributed among 

schools in high poverty areas and schools in lesser or low poverty 

areas. 

Part B—Pathways to College 

Subpart 1—Improving Secondary Schools 

The committee bill authorizes a new competitive grant program 

that would award grants to implement innovative and effective secondary school reforms. These reforms are directed at title I high 

schools with graduation rates below 75 percent that do not receive 

priority schools resources. 

Each targeted school would be required to implement one of the 

following reform strategies: 

• Graduation Promise Academies, which include ninth grade 

academies taught by teams of teachers who work with small groups 

for extended learning periods, etc.; 

• Career Academies, which implement a rigorous curriculum 

that integrates academics, career and technical education, and experiential learning in high-skill, high-demand industries; 

• Dual enrollment programs that provide dual enrollment opportunities with college credit-bearing courses, including accelerated 

certificate programs with community colleges or other recognized 

postsecondary credentials; or 

• Early College Schools, which allow students to simultaneously 

earn credits towards a high school diploma and either an associate 

degree or transferable postsecondary education credits toward a 

postsecondary degree at no cost to the student. 

The High School Reform Program would replace the following existing programs: Comprehensive School Reform, School Dropout 

Prevention, and Smaller Learning Communities. 

Grant stipulations: 

• Duration: 5 years, with conditions after year 3 based on satisfactory progress. 

• Eligible Entity: A high-need local education agency who partners with— 

• An institution of higher education, an employer, and an outside partner with a demonstrated track record of successful 

high school reform or an intermediary. 

Subpart 2—Accelerated Learning 

The committee bill continues a program that awards grants to 

States to reimburse students for Advanced Placement (AP) test fees 

and expands the program to include reimbursement for International Baccalaureate (IB) test fees. The bill also makes other 

minor changes to improve program quality, including creating a 

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wide strategy to increase the availability of AP or IB courses in 

high-need schools. 

Part C—Education of Migratory Children 

The committee bill continues support for the Migratory Education Program, which attempts to address the unique needs of mobile migratory children who suffer, among other things, disrupted 

or interrupted education and who need special supplemental support. The program provides formula grants to States based primarily on their share of migratory children. The bill strengthens 

the program by: 

• Ensuring that migratory children and youth are expected to 

meet the same college- and career-ready academic content standards that all children are expected to meet and requiring the collection of new performance data; 

• Updating the grant formula to more accurately provide funding 

based on actual counts of migratory students, including students 

who receive services during the summer; 

• Enhancing records transfer requirements to minimize the effects of mobility; and 

• Prioritizing services towards migratory students who have 

moved within the previous 12 months and those that have dropped 

out of school, as well as those that are at risk of failing to meet 

academic content standards. 

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

The committee bill continues support for the Neglected & Delinquent Program, which is designed to improve educational services 

for children and youth in local and State institutions for neglected 

and delinquent juveniles. This bill strengthens the program by: 

• Ensuring that these children and youth are expected to meet 

the same college and career-ready academic content standards that 

all children are expected to meet and requiring the collection of 

new performance data; 

• Targeting funding to students who are truly ‘‘at-risk’’ by changing the definition of ‘‘at-risk’’ to eliminate the inclusion of students 

based solely on academic issues; and 

• Requiring the development of a transition plan for students entering certain facilities and consultation between facilities and local 

educational agencies upon release to ensure the students’ continued 

success. 

Part E—Educational Stability of Children in Foster Care 

The committee bill authorizes new provisions to ensure educational stability for foster children who experience a number of 

undue burdens in the course of their public school career, including 

having to re-enroll in schools when they change foster placements 

or leave foster care. This part would require that States receiving 

funding under title I must coordinate with the responsible agencies 

to ensure foster children—when leaving foster care, changing foster 

placements, or in foster care—remain enrolled in their school of origin to the maximum extent possible, are enrolled immediately in 

school, and have their records transferred in a timely fashion. 

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TITLE II—SUPPORTING TEACHER AND PRINCIPAL EXCELLENCE

Part A—Continuous Improvement and Support for Teachers and 

Principals 

The committee bill makes several key changes to the title II–A 

formula program, including: 

• Professional Growth and Improvement Systems: Districts 

that receive title II–A funds will develop teacher and principal 

evaluation systems based on academic achievement and growth, 

classroom observations, and other measures that inform teacher 

performance (for teachers) and on academic achievement and 

growth, instructional leadership, and, if districts choose, other 

measures of principal performance (for principals). The evaluation 

systems must be able to provide meaningful feedback to teachers 

and principals in a timely manner and provide data to inform decisions about professional development activities. The implementation of these systems does not alter the rights and remedies enjoyed by educators through their local collective bargaining agreements and States and districts with evaluation systems approved 

under ESEA waivers do not have to alter the components of their 

systems. 

• Professional Development and Support: Districts will conduct professional development activities that are evidence-based 

and aligned with the results of evaluations in order to improve student academic achievement and increase students’ abilities to meet 

college- and career-ready standards. Early childhood educators can 

also be included in professional development activities. 

• Early Childhood Transition: States and local school districts may develop and implement programs and policies to improve the transition of children from early childhood education and 

care programs to elementary schools. 

• Recruitment, Preparation and Distribution of Great 

Teachers: Funds from title II may be used to recruit, prepare, 

support, reward, and retain teachers and principals in the highneed and low-performing schools where they are needed most. The 

funds can also be used to improve the distribution of highly rated 

teachers to ensure that low-income students are not taught by disproportionate shares of low-rated teachers. 

• Class Size Reduction: Restricts funds for class size reduction 

to the early grades. Previous class size reduction programs failed 

to produce significant results for students because they operated on 

the margins. The bill will ensure that funds are used for class size 

reduction to the early grades where they are most impactful. 

• Principal Set-aside: Principals were one of the most significant omissions of No Child Left Behind. The bill acknowledges the 

impact of principal leadership in schools and ensures that of the 2 

percent to 5 percent States set-aside for State-level activities, the 

improvement of principal performance is among the few activities 

in which a State can invest. 

Part B—Teacher Pathways 

The committee bill authorizes a new program designed to support the recruitment, selection, preparation, placement, retention, 

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prove student academic achievement and student outcomes at highneeds schools. 

Grant Stipulations: 

• Eligible entities—States or districts in partnership with institutions of higher education or a nonprofit organization. 

• Priority: Programs that have a track record of: 

• Recruiting individuals with a demonstrated history of academic achievement; 

• Recruiting individuals from underrepresented backgrounds; 

• Preparing teachers who improve student achievement in 

high-need schools. 

Part C—Teacher Incentive Fund 

The Teacher Incentive Fund will provide competitive grants to 

develop, implement, improve, or expand strategies, including performance-based incentives, to increase the number of highly effective teachers and principals in high-need schools. Priority will be 

given to grantees who target placing highly effective teachers and 

principals in priority schools or who have already developed a professional growth and improvement system, as described in title II– 

A. Entities eligible for grants include: districts, States, or colleges 

in partnership with districts and States. 

Part D—Achievement Through Technology and Innovation 

The committee bill continues support for an educational technology program that will award formula grants to States through 

the title I formula. States can then award grants to districts, 

through formula and competitiveness, to provide professional development to educators on the effective use of technology to improve 

instruction. 

TITLE III—LANGUAGE AND ACADEMIC CONTENT INSTRUCTION FOR

ENGLISH LEARNERS AND IMMIGRANT STUDENTS

The committee bill continues to fund formula grants to ensure 

that English learners and immigrant children achieve English proficiency while they attend public school. The committee bill better 

targets the use of funds to support the use of evidence-based instructional programs and practices to support the acquisition of 

English so that English learners make sufficient progress to graduate college and become career ready. 

Subpart 1—Grants & Subgrants for English Language Acquisition 

& Language Enhancement 

States will receive grants based on their share of the percentage 

of English learners and Immigrant children they have relative to 

the rest of the States. States must then provide subgrants in an 

amount proportional to their share of English learners relative to 

the number of English learners in the State. Subgrants will be 

used to help English learners attain English proficiency and meet 

the State’s college- and career-ready standards. Subgrantees must 

use approaches that are evidence-based and proven to be effective 

for teaching English learners and immigrant children, such as 

high-quality professional development for educators. 

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Each subgrantee will set individual targets for English learners 

that will set them on a path to achieve English proficiency in no 

less than 5 years. 

State subgrant stipulations: 

• Duration: Determined by the State. • Eligible subgrantee: 

• One or more districts. • One or more districts in partnership with a college, a community organization, or a SEA. 

Subpart 2—Accountability and Administration 

States, with input from subgrantees and subject to approval by 

the Secretary, will set a performance target for the number of 

English learners served by the State who will achieve English proficiency not more than 5 years after they are identified as English 

learners. Subgrantees will also set performance targets for English 

proficiency. Also, each second year a subgrantee receives funds 

from the State they will be evaluated along several factors, including: 

• The number & percentage of English learners becoming 

English proficient in 5 years; • The number & percentage of children meeting college- and career-ready standards 2 years after receiving services; 

• The progress made by former English learners in meeting 

college- and career-ready standards. 

States will use information from the evaluation to determine the 

effectiveness of programs to decide whether to provide technical assistance or discontinue funding to the subgrantee. 

Subpart 3—National Activities 

The Secretary will reserve 3.5 percent of title III funds for activities that include: 

• Competitive grants to nonprofits or colleges with the expertise 

and capacity to provide high-quality professional development to 

improve classroom instruction for English learners; 

• The establishment of an independent commission on the assessment of English learners comprised of experts who can provide 

the Secretary with advice regarding the development of English 

learners and their inclusion in State assessments; 

• Innovation grants to invest in research and development in 

educational technology to improve English proficiency and academic achievement for English learners. 

TITLE IV—SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS

Part A—Improving Literacy Instruction and Achievement 

Subpart 1—Improving Literacy Instruction 

The committee bill authorizes a new grant program to support 

high-quality literacy instruction to help States strengthen the literacy skills of all students from birth through high school. 

The committee bill includes non-renewable planning grants (that 

last for a period of 1 year) and implementation grants to States 

(that last for a period of 5 years with opportunities to renew). 

Grants will be distributed to States by formula if the appropriation 

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for this program exceeds $500 million. The formula is based on the 

share of the State’s share of children from birth to 17 who live at 

or below the poverty line. If appropriations are below $500 million, 

grants are awarded to States competitively. States will competitively distribute funds to: 

• Enhance State capacity to improve literacy instruction. 

• Provide high-quality, research-based professional development 

to instructional staff. 

• Support evidence-based practices to improve literacy and writing. 

Ten percent of funds will be reserved to build the literacy skills 

of children aged birth to 5. 

State subgrant stipulations: 

• Eligible Entities: Districts and early childhood education providers. 

• Priority: Granted to— 

• Entities that serve children living at or below poverty; and 

• Entities that serve school-aged students reading or writing 

below grade level. 

Subpart 2—Improving Literacy and College and Career Readiness 

Through Effective School Library Programs 

The committee bill authorizes a competitive program to improve 

students’ readiness for college and careers by providing students 

with effective school library programs. The program funds effective 

school library programs, which are: staffed with licensed professionals; have up-to-date books, materials and technology; includes 

regular collaboration between classroom teachers and school librarians in the development of curriculum; and supports the development of digital literacy skills. Districts, or a consortium of districts, 

are eligible to compete for these grants. 

Part B—Science, Technology, Engineering and Mathematics 

(STEM) Instruction and Support 

Subpart 1—Improving STEM Instruction and Student Achievement 

The committee bill authorizes a new STEM program that would 

award grants to States. Grants will be distributed to States by formula if the appropriation for this program exceeds $500 million. 

The formula is based primarily on the share of the State’s share 

of children from ages 5 to 17 who live at or below the poverty line. 

If appropriations are below $500 million, grants are awarded to 

States competitively. States will competitively distribute funds to 

improve student academic achievement in STEM by: 

• Increasing student access to high-quality STEM courses and 

learning opportunities. 

• Improving the quality and effectiveness of classroom instruction by recruiting, training, and supporting highly effective STEM 

teachers. 

• Preparing more students to be on track to college- and careerreadiness and success in STEM subjects. 

State subgrant stipulations: 

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• Eligible Entities: a high-need district, consortium of high-need 

districts, or an outside partner (business, nonprofit, or a college) 

working with a high-need district or consortium. 

• Matching Requirement: 15 percent. 

Subpart 2—STEM Master Teacher Corps 

The committee bill requires the Secretary to set-aside 10 percent 

of STEM funding under Subpart 1 for the STEM Master Teacher 

Corps competitive grant program, which would offer career advancement and higher pay to the top 5 percent of K–12 STEM 

teachers in the United States. Members of the teaching corps 

would, in turn, mentor other STEM teachers and share best practices. The Secretary will administer the grants in consultation with 

the Director of the NSF. 

Grant stipulations: 

• Duration: Not more than 5 years. 

• Eligible Entities: 

• Institutions of Higher Education. 

• Non-profits that recruit STEM teachers or improve STEM 

teacher effectiveness. 

• Matching Requirement: 50 percent. 

• Priority: Grantees that will— 

• Serve large numbers of teachers. 

• Serve rural areas, particularly high-need rural areas. 

Part C—Increasing Access to a Well-Rounded Education and Financial Literacy 

Subpart 1—Increasing Access to a Well-Rounded Education 

The committee bill authorizes a new well-rounded program that 

would award grants to States. Grants will be distributed to States 

by formula if the appropriation for this program exceeds $500 million. The formula is based primarily on the share of the State’s 

share of children from ages 5 to 17 who live at or below the poverty 

line. If appropriations are below $500 million, grants are awarded 

to States competitively. 

This program will allow States to continue to build teacher capacity and allow access for low-income students to a well-rounded 

education, including in the arts, physical education, financial literacy, health education, foreign languages, civics, history, music, 

and environmental literacy. 

The program requires States to identify and target gaps in lowincome students’ access to a high-quality, well-rounded education, 

including: the selection of courses provided; the capacity of teachers 

to provide excellent instruction in those subjects; and the quality 

of standards, assessments, curricula, accommodations, and other 

supports. States may provide subgrants to high-need districts, or a 

consortium of such districts, to improve the skills of teachers or 

build local capacity to provide a well-rounded education to low-income students, students with disabilities, or English learners. 

The programs that consolidated into the well-rounded Education 

program include: Excellence in Economic Education; Teaching 

American History; Arts in Education; Foreign Language Assistance 

Program; and Academies for American History and Civics. 

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Subpart 2—Financial Literacy Education 

The committee bill authorizes a new program where the Secretary can award grants to States to: 

• Support professional development regarding financial literacy 

education to secondary school teachers; 

• Integrate financial literacy education into elementary and secondary schools that receive support under title I. 

A State that receives funds under this subpart must provide a 

match of 25 percent. 

Part D—Successful, Safe and Healthy Students 

Successful, Safe, and Healthy Students Program replaces a number of programs in current law that have not been as effective as 

they were intended, largely due to their limited reach. The consolidated programs are: Safe and Drug Free Schools State grants, Elementary School Counseling, Physical Education Program, Foundations for Learning, Mental Health Integration in Schools, and Alcohol Abuse Reduction. 

The Successful, Safe, and Healthy Students Program will advance student achievement and positive child and youth development by promoting student health and wellness; preventing bullying, violence, and drug use; and fostering a positive school climate. The Successful, Safe, and Healthy Students Program would 

establish two State grant programs: 

1. Grants for State and local data systems: The Secretary is authorized to reserve 30 percent of funds, or $30 million, whichever 

is greater, for formula grants to States to develop or enhance systems that will give local leaders the information they need to improve the conditions for learning in their schools and communities. 

The formula will be based on title I. During years where the overall appropriation for Successful Safe and Healthy is less than $30 

million, the Secretary will direct all funds to States to develop conditions for learning systems. This grant will help build State capacity to develop a high-quality plan for the Successful, Safe, and 

Healthy Students State Grants. 

2. Successful, Safe, and Healthy Students State Grants: States 

will receive funding to provide subgrants to implement programs to 

support positive conditions for learning by promoting student 

health and fitness, mental health and well-being, drug and violence 

prevention, and safe and supportive schools. Funds will be distributed by formula to States (through the title I formula) but if the 

appropriation for this program is below $500 million, the grants 

would be awarded to States competitively. To be eligible to apply 

for funding under this program, States must: 

• Establish a statewide physical education requirement. 

• Require all districts to establish policies that prohibit bullying 

& harassment of students. 

State subgrant stipulations: 

• Eligible Entities: Districts, a consortium of districts, nonprofits 

working with districts. 

• Priority: Entities that serve low-income students and demonstrate the greatest need. 

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• Funding Allocation: States must distribute the following percentage of subgrant funds: 

• Not less than 20 percent for programs to promote physical 

activity, education, and fitness and nutrition; 

• Not less than 20 percent for drug and violence prevention 

(including bullying prevention); and 

• Not less than 20 percent for programs to promote mental 

health. 

3. School Construction after a Violent or Traumatic Crisis: The 

Secretary is authorized to provide financial assistance to districts 

that serve a school in which the learning environment has been 

disrupted due to a violent or traumatic crisis. Grants would support the acquisition or improvement of property as well as construction. 

Part E—Student Non-Discrimination 

The committee bill authorizes Senator Franken’s Student NonDiscrimination Act (SNDA), which ensures that all students have 

access to a public education in a safe environment, free from discrimination. This includes freedom from harassment, bullying, intimidation and violence on the basis of sexual orientation or gender 

identity. 

SNDA provides a comprehensive Federal prohibition of discrimination in public school based on actual, or perceived, sexual orientation or gender identity. It also gives the Department of Education the authority to combat such discrimination through regulation and enforcement, much in the same way they did through title 

IX and other non-discrimination laws. SNDA also provides meaningful and effective remedies (loss of Federal funding and legal 

cause of action for victims) for discrimination in public schools 

based on actual or perceived sexual orientation or gender identity, 

modeled after title IX. SNDA also provides those students who feel 

they have experienced discrimination in violation of this part with 

a private right of action. 

Part F—21st Century Community Learning Centers 

The committee bill continues the authorization for the 21st Century Community Learning Centers (CCLC) Program, which currently funds before-school, after-school, or summer-learning programs. The committee bill will expand the program to give local 

communities authority to decide whether to use 21st CCLC funds 

for: 

• before, after, or summer learning; 

• a significantly increased school day, week or year to provide 

more time for academic and enrichment activities; or 

• a redesigned school program with at least 300 hours of additional school time for academics, additional subjects and enrichment activities, and teacher collaboration and planning. 

Funds will be distributed by formula to States (through the title 

I formula), which then award subgrants to districts competitively. 

State subgrant stipulations: 

• Duration: 3 years with a chance to extend for 2 years if the entity gets positive outcomes. 

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• Eligible entities include partnerships between one or more 

high-need local educational agencies and one or more public entities or nonprofit organizations with a demonstrated record of success in designing and implementing before school, after school, 

summer learning, or expanded learning time activities. 

Rural districts who cannot find a partner can apply on their own. 

• Priority: Entities that— 

• Provide strong research evidence for their activities; • Propose to serve high percentages of low-income students; • Have strong partnership agreements; and • Provide matching funds. 

Part G—Promise Neighborhoods 

Subpart 1—Promise Neighborhoods Partnership Grants 

The committee bill authorizes the new Promise Neighborhoods 

Partnership program, which is a comprehensive program to provide 

children with all the support they need from birth through college. 

The proposal is based on the Harlem Children’s Zone (HCZ), program that has been successful in increasing college success for students within a neighborhood in Harlem. 

The program will fund national competitive grants to create 

cradle-to-career ‘‘continuums of care’’ for all children in low-income 

neighborhoods. The Promise Neighborhoods Program requires that 

community-based organizations partner with local institutions as 

they provide a wide range of services to children beginning at birth 

and continuing through college entry. The services provided must 

include elements that are essential to healthy development and, 

eventually, college and career readiness, including training for expectant parents, high-quality early care and education, and supportive services for children throughout their school years. Grantees must monitor data on a range of indicators and share best 

practices. 

Grant stipulations: 

• Duration: 5 years with a chance to extend for 1 year if the entity can demonstrate significant improvement across a number of 

performance metrics. • Eligible Entity: A nonprofit that works with at least one of the 

following: a high-need district, a charter school, an institution of 

higher education, the mayor, or an Indian tribe. • Match: 100 percent. 

Subpart 2—Promise Neighborhoods Schools Grants 

These are school-centered grants that allow schools to provide 

wrap-around services on-site by leveraging existing resources in the 

community. These grants will support the hiring of an on-site coordinator who will help connect students and their families to the 

academic and non-academic resources they need to experience success in and outside of the classroom. 

Grant Stipulations: 

• Duration: 5 years with a chance to extend for 1 year if the entity can demonstrate significant improvement across a number of 

performance metrics. 

• Eligible Entity: a high-need district in partnership with a nonprofit or a college. 

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• Match: 100 percent. • Priority: Entities that will— 

• Direct significant investment to high-quality early childhood 

education; and 

• Provide schools with autonomy over staff, school time, and 

budget. 

Part H—Parent and Family Information Resource Centers 

This committee bill continues support for parent and family information resource centers (PFIRCs) but refocuses the centers on 

providing support to SEAs in coordinating parent and family engagement policies, in supporting the lowest-performing districts as 

they engage parents and families, and in coordinating the activities 

of other relevant Federal programs and community-based organizations with SEAs and LEAs. 

PFIRCs must set aside 30 percent of their funding to support 

parent and family engagement activities for families whose children attend early childhood education programs. 

Grant Stipulations: 

• Duration: 5 years. • Eligible Entity: a high-need district in partnership with a nonprofit or a college. • Match: 100 percent. • Priority: Entities that have a track record of increasing and enhancing parent and family engagement for children in high-need 

districts or who attend high-need schools. 

Part I—Ready-to-Learn Television (RTLT) 

The committee bill continues to fund the Ready-to-Learn Television (RTLT) program. RTLT funds grants exclusively to public 

telecommunications entities to develop and distribute educational 

video for preschool- and elementary school-aged children and their 

parents, in an effort to increase student academic achievement. 

The program is unchanged in this bill. 

Part J—Programs of National Significance 

The committee bill authorizes a new Programs of National Significance grant program. The program will award competitive 

grants to non-profit organizations to carry out certain activities 

previously carried out with earmarks. The following types of programs or entities would be able to compete for funding under this 

program: Close Up; Civic education programs; National Board for 

Professional Teaching Standards; Teach for America; the National 

Writing Project; Reach Out and Read; Reading Is Fundamental; 

VSA Arts; Javits Gifted and Talented Program; and programs 

funded through the Women’s Educational Equity Act. 

This part also allows grants for programs not previously funded 

through earmarks, like programs that provide social, emotional, 

and academic support to students from military families. 

Part K—Competency-Based Assessment and Accountability Demonstration Authority 

The Secretary may provide States or a consortium of States with 

the authority to incorporate competency-based accountability into 

the State accountability system. This will allow States to create 

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summative assessments that test for higher order skills, critical 

thinking, problem solving, and self-directed learning aligned with 

college- and career-ready standards. 

This authority is only available for 3 years and may only be 

awarded to a maximum of three States or a consortium of States. 

TITLE V—PROMOTING INNOVATION

Part A—Race to the Top 

The committee bill authorizes the Race to the Top competitive 

grant program to provide incentives for comprehensive reforms designed to lead to improved academic achievement for all students. 

The Secretary will design a competition that advances one or 

more of the following critical priorities: 

• Increasing the access of children from low-income families to 

highly rated teachers and school leaders; 

• Strengthening the availability and use of data to improve instruction; 

• Implementing college- and career-ready academic standards; 

• Turning around the priority and focus schools; 

• Creating successful conditions for the creation, expansion, and 

replication of high-performing public charter schools and autonomous schools that serve students from low-income families; 

• Providing equitable resources to high-poverty schools; and 

• Improving school readiness by increasing access to high-quality 

early childhood education programs for children from low-income 

families or creating an integrated system of programs and services. 

Grant stipulations: 

• Duration: No more than 4 years. 

• Eligible Entities: States, high-need districts, or a consortium of 

either will be eligible to compete for funds. 

• Priority: Granted to: 

• Rural high-need school districts or a consortium. 

• Grantees that offer full-day kindergarten, for those grantees 

who offer early childhood education programs and services. 

Part B—Investing in Innovation 

The committee bill authorizes the Investing in Innovation Program (I3), which is designed to develop and replicate promising 

programs in education. The program will expand the implementation of, and investment in innovative practices with a demonstrated 

impact on improving student achievement, closing achievement 

gaps, increasing high school graduation rates, improving teacher 

and school leader effectiveness, or improving school readiness. 

The Secretary may choose to reserve 30 percent of the funds appropriated for I3 to fund ARPA–ED, modeled on the success of the 

Advanced Research Projects Agency at the Department of Defense. 

ARPA–ED will fund projects run by industry, universities, or other 

innovative organizations. Projects will be selected based on their 

potential to transform teaching and learning. 

Grant stipulations for I3 (not ARPA–ED): 

• Duration: No more than 3 years with a chance to extend for 

another 2 if it can demonstrate progress in improving student outcomes. 

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• Standard of Evidence: Applicants must show that their projects 

have a basis in evidence. 

• Eligible entities include: 

• School districts. 

• Non-profit in partnership with a district or a consortium of 

districts. 

• Set-aside: There will be a 22 percent set-aside for rural applicants. 

• Priority: Applicants who plan to— 

• Address the needs of high-need districts. 

• Improve school readiness through early childhood education. 

• Address the learning needs of students with disabilities. 

Part C—Magnet Schools Assistance Program 

The committee bill maintains the magnet schools program as a 

competitive grant program with more emphasis on funding wholeschool magnet programs or models that have demonstrated success 

in improving student academic achievement and reducing minority 

group isolation. 

Grant Stipulations: 

• Duration: No more than 3 years with a chance to extend for 

another 2 if it can demonstrate progress in improving student outcomes. 

• Eligible Entities include: Districts. 

• Priority: Applicants who: 

• Demonstrate the greatest need based on expense/difficulty in 

running a program. 

• Support programs that have improved achievement or a 

strong research basis. 

• Open their programs to students on the basis of lottery instead of examination. 

• Serve the entire student population of a school. 

Part D—Public Charter Schools 

Subpart 1—Successful Charter Schools Program 

The committee bill continues the charter schools program with a 

focus on improving the quality of the sector and investing in proven 

models of success. The charter school grants program will provide 

competitive grants to support the creation, expansion, and replication of high-performing charter schools. To ensure that limited Federal resources are targeted to charter schools with a commitment 

to strong academic results, the program requires high goals of student academic achievement for all student subgroups, and meaningful community outreach to parents and families. In addition, the 

redesigned program: 

• Promotes strong performance-based authorizing policies that 

are transparent and effective in closing down unsuccessful schools; 

• Ensures quality control through performance-based accountability; and 

• Ensures charter schools recruit and meet the needs of students 

with disabilities and English learners. 

Grant Stipulations: 

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• Duration: No more than 3 years with a chance to extend for 

another 2 if it can demonstrate progress in improving student outcomes. • Eligible Entities include: States, districts, charter school authorizers and nonprofit charter management organizations. • Set-Aside: The program sets aside 15 percent for charter school 

facilities. • Reservation: 25 percent of the charter school grant funding will 

be distributed to States. • Priority: Applicants who will create, expand, or replicate charters that serve low-income students. 

Subpart 2—Charter School Facility Acquisition, Construction, and 

Renovation 

The committee bill continues support for the charter school facilities program, which will support eligible entities to improve access 

to facilities and facilities financing for high-performing charter 

schools and assist them in addressing the cost of acquiring, constructing, and renovating facilities. 

Competitive grants will be made for innovative facilities financing programs, including credit enhancement, open-facilities-access 

programs, making available renovated or adapted space, leveraging 

State and local facilities funding, and State per-pupil facilities aid 

programs. 

Grant Stipulations: 

• Duration: 5 years. • Eligible entities include: States, districts, nonprofit organizations, State financing authorities, or a consortium of such entities. • Reservation: At least 65 percent of the funds must be expended 

for credit enhancement grants. 

Part E—Voluntary Public School Choice 

The Voluntary Public School Choice program currently provides 

competitive grants to support the establishment or expansion of 

inter- and intra-district public school choice. In the committee bill, 

we continue the competitive program with minor changes to improve quality, including expanding the application requirements to 

ask grantees how activities supported through the grant will lead 

to increased student achievement and access to high-quality schools 

for students attending the lowest-performing schools. 

Grant Stipulations: 

• Duration: No more than 3 years with a chance to extend for 

another 2 if it can demonstrate progress in improving student outcomes. 

• Eligible Entities include: High-need districts applying in partnership with a State or another district. 

• Priority: Applicants who will: 

• Expand or establish inter-district choice programs for low-income students. 

• Establish or expand a program that will increase diversity. 

Part F—College Information Demonstration Program 

This committee bill authorizes the Secretary to establish a demonstration program that provides funding to high-need schools to 

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tion services and programs that will increase the chances that students will: apply to college, apply for financial aid, enroll in college, 

or receive financial aid. 

At a minimum the Secretary will provide school districts that 

agree to participate in the demonstration with certain information 

for their students, including: guidance on how to apply to college 

and for financial aid, including availability of different types of 

Federal and State aid and application deadlines; information on 

the likely net cost of attending a local college or a State flagship; 

information about college application fee waivers. 

TITLE VI—PROMOTING FLEXIBILITY; RURAL EDUCATION

Part A—Transferability 

Current law allows up to 50 percent of non-administrative funds 

for State-level activities under several programs in titles II, IV, and 

V to be transferred to other programs in those same titles. This bill 

provides increased flexibility by allowing States to transfer their 

funds among all of the formula grant programs in the bill and increases this percentage to up to 100 percent; though, they cannot 

transfer funds out of titles I or III because of the robust State activities required under those formulas, such as implementing accountability systems under each respective title. 

This provision also allows districts to transfer up to 100 percent 

of the funds they receive through formula for activities authorized 

under other formula programs. However, no funds may be transferred out of formula programs designated for particular student 

populations, which include titles I (Disadvantaged), III (English 

learners), VII (Native Hawaiian/Alaskan, Indian students), or VIII 

(Federally Impacted). 

Part B—Rural Education Achievement Program 

The committee bill continues support for the Rural Education 

Achievement Program (REAP), which is designed to address the 

unique challenges of rural schools. The program provides supplemental funds and flexibility with uses of funds, recognizing that 

formula grant amounts are often too small to make a major impact 

in rural districts. REAP currently awards two types of formula 

grants: 

(1) The Small, Rural Schools Achievement (SRSA) Program, 

which provides grants directly to eligible districts. Under SRSA, 

there is a minimum and maximum grant amount that LEAs can 

receive; the grant award amount is offset by the amount of funds 

the LEA receives under other ESEA title funding. 

(2) The Rural and Low Income Schools (RLIS) Program, which 

provides grants to States, which then award subgrants to districts. 

The committee bill will continue REAP, with several key 

changes. 

• The bill will update the locale codes used to classify rural district to be consistent with those developed by the U.S. Census Bureau and the National Center for Education Statistics. The locale 

codes for REAP will be: 32, 33, 41, 42, and 43. 

• Currently, if a district is eligible for both the SRSA and RLIS 

programs, it must participate in only the SRSA program. In this 

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bill, dual-eligible districts will be able to choose which program 

they would rather participate in. 

• Increase the minimum (from $20,000 to $25,000) and maximum (from $60,000 to $80,000) grant sizes for SRSA. 

TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Part A—Indian Education 

Subpart 1—Formula Grants to Local Educational Agencies 

Ninety-three percent of American Indians attend public schools 

not affiliated with the schools run by the Bureau of Indian Education (BIE) at the Department of the Interior. The committee bill 

continues support for formula grants directly to districts to help 

them improve the academic achievement of Indian students by 

meeting their unique cultural, language, and educational needs. 

The formula is based primarily on the number of Indian children 

the district serves. 

The bill changes eligibility criteria for the program to allow for 

different organizations—specifically, community organizations 

made-up of tribal leaders—to apply for grants in the event that districts decide not to pursue formula grants under this part. The bill 

also encourages activities that— 

• Support the restoration of Native American languages. 

• Prevent violence, suicide, and substances abuse. 

• Incorporate culturally and linguistically appropriate content 

into classroom instruction. 

• Provide access to high-quality early childhood education programs. 

Grant Stipulations: 

• Eligible Entities: 

• Districts who serve at least 10 Indian students. 

• Indian Tribes (if districts do not apply). 

• Indian Community-Based Organizations (if districts and 

tribes do not apply). 

• A consortium of the above. 

Subpart 2—Special Programs and Projects to Improve Educational 

Opportunities for Indian Children and Youth 

The committee bill continues support for projects to develop, test, 

and demonstrate effectiveness of programs and services to improve 

the educational opportunities and achievement of Indian students. 

The bill enhances an existing focus on early childhood by allowing grantees to support high-quality early childhood education programs that are effective in preparing children to be achieving at 

grade level by the end of elementary school. 

Grant Stipulations: 

• Duration: 3 years with an opportunity to extend for 2 additional years if the grantee meets objectives set by the Secretary. 

• Eligible Entities: States, districts, tribes, tribal organizations, 

tribal colleges, and BIE schools. 

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Subpart 3—National Activities 

The committee bill establishes a new program requiring the Secretary to award grants to States, districts, and Indian entities to 

support Native American language programs and Native American 

language restoration programs. 

The bill also directs the Secretary to conduct a study to improve 

the collaboration between States and districts, other relevant State 

and local agencies, and Indian tribes in the provision of services to 

Indian students. 

Part B—Native Hawaiian Education; Alaska Native Education 

Subpart 1—Native Hawaiian Education 

The committee bill continues support for a consolidated program 

of competitive grants to Native Hawaiian educational or community-based organizations, or other public or private nonprofit organizations with experience in operating Native Hawaiian programs. 

Changes in the bill expand the allowable uses of the grant to include the development of a statewide system of early childhood 

education programs to support the healthy development of Native 

Hawaiian children. 

The committee bill also continues support for a Native Hawaiian 

Education Council. Changes in the bill focus the Native Hawaiian 

Education Council’s efforts on addressing the educational and 

workforce needs of Native Hawaiian students by redesigning the 

composition of the Native Hawaiian Education Council and refocusing its purpose to ensure proper coordination of educational 

and related services and programs available to Native Hawaiian 

students. The council will also ensure that organizations that receive competitive grants under this part are regularly evaluated 

based on objective, quantifiable measures to determine effectiveness. 

Subpart 2—Alaska Native Education 

The committee bill continues support for programs to support 

educational opportunity for Alaska Native students. The bill adds 

maximizing Alaska Native participation in the planning and management of Native Alaskan programs to the purposes of Alaska Native Education grants. The bill prioritizes Alaska Native organizations in the awarding of grants and contracts. The bill also expands 

the list of permissive activities under the grant to include a focus 

on improving outcomes for at-risk students attending schools operated by tribes. Further, application requirements have been updated to promote accountable and meaningful partnerships with 

Alaska Native organizations. 

Grant Stipulations: 

• Duration: 

• Eligible Entities: 

• Alaska native organizations. 

• Entities with experience in development or operating Alaska 

Native programs. 

• Cultural and community-based organizations. 

• A consortium of the above. 

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TITLE VIII—IMPACT AID

The committee bill continues to provide support for the Impact 

Aid program. The Impact Aid program currently provides payments 

to local educational agencies that are financially disadvantaged by 

Federal land ownership (e.g. school districts where large numbers 

of students live in non-taxable housing on a military base). For 

local educational agencies impacted by the Federal property in 

their districts, this program ensures an equitable allocation of dollars by eliminating the subjectivity caused by the requirement to 

determine the ‘‘highest and best use’’ of land. For local educational 

agencies impacted by the federally connected children in their districts, the bill addresses issues caused by the privatization of military housing. The bill also makes changes to foundation payments 

and the formula used when the program cannot be fully funded. 

This program has historically been behind in providing payments; 

this bill incorporates language from a bill introduced by Senator 

Murray requiring the Department of Education to pay the full 

amount due in a timely fashion. Many of these changes were made 

in the 2012 National Defense Authorization Act, but with a sunset 

of 2 years. This bill makes the changes permanent. 

TITLE IX—GENERAL PROVISIONS

Evaluation of Programs 

In current law, the Secretary’s evaluation authority for programs, and the amount he could reserve for such evaluation, was 

restricted either by title or by program. We have consolidated the 

evaluation authority for each program into one section giving the 

Secretary the authority to carry out high-quality evaluations of all 

programs and related policies, with a focus on rigorous impact evaluations where feasible and appropriate. For this purpose, the bill 

reserves not less than 1, and not more than 3 percent, from all 

other programs (only 1 percent from title I). 

Definitions 

This title includes the general definitions for the Act. Definitions 

of particular importance include: professional growth and improvement system (teacher and principal evaluation systems), young 

child (children aged birth to kindergarten), professional development, expanded learning time, graduation rate, highly qualified 

teacher, positive behavioral interventions and supports, high-need 

school, and early childhood education program. 

Other Relevant Provisions 

Other provisions include the authorization for the Secretary to 

issue waivers, school prayer guidance, and the unsafe school choice 

option. The unsafe school option allows the family of a child who 

has been a victim of a crime in or on the grounds of the school to 

choose to attend another school in the same LEA. 

TITLE X: COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT

SYSTEMS FOR PUBLIC SCHOOLS

This bill establishes a Commission on Effective Regulation and 

Assessment Systems for Public Schools. The Commission will: (1) 

examine the regulatory requirements on elementary and secondary 

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education at the Federal, State, and local levels; (2) make recommendations on how to align and improve requirements in such 

regulations; (3) examine the quality and purpose of current requirements; and (4) make recommendations to improve and align assessment systems to provide meaningful information and improve student achievement, teacher performance, and innovation. 

TITLE XI—AMENDMENTS TO OTHER STATUTES

McKinney-Vento Homeless Assistance Program 

The McKinney-Vento Act’s Education for Homeless Children and 

Youth (EHCY) program was created to remove the barriers to education caused by homelessness. This bill improves the program by 

reinforcing and expanding key provisions, including school stability, enrollment, and support for academic achievement. Specifically, this reauthorization: 

• Maintains the requirement for schools to keep homeless children and youth in their original schools, unless the parent, guardian, or unaccompanied youth wishes to change schools, or unless an 

individualized, best-interest determination by the school supports a 

change of schools; • Addresses credit-accrual problems, increases access to creditrecovery opportunities, and supports the provision of high-quality 

early care and education programs and services to young homeless 

children; • Clarifies the law to help defray costs associated with transporting homeless students to the school of origin; • Describes a clear and accessible dispute resolution process for 

parents; • Ensures homeless students access the full range of academic 

support opportunities offered by schools; and • Enhances school districts’ ability to identify and serve homeless children and youth by requiring professional development, 

training, resources and time for homeless liaisons so they can carry 

out the duties required by the Act. 

VIII. ADDITIONAL VIEWS

Additional Views of Senators Alexander, Enzi, Burr, Isakson, Paul, 

Hatch, Roberts, Murkowski, Kirk, and Scott 

INTRODUCTION

Over the last decade, the U.S. Department of Education has become so congested with Federal mandates that it has become, in 

effect, a National school board. This congestion of mandates is 

caused by three things: No Child Left Behind, Race to the Top, and 

the Obama administration’s unprecedented use of waivers to impose on States new requirements not authorized in law. 

In 2001, Republicans and Democrats in Congress and President 

George W. Bush worked together to enact a reauthorization of the 

Elementary and Secondary Education Act (ESEA) to improve our 

Nation’s schools. They called it No Child Left Behind (NCLB). The 

law responded to concerns that our schools were not adequately 

preparing our young people for the future, that many students 

were being ignored, and that billions’ of American taxpayer dollars 

were not producing good results. Among many things, it imposed 

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a complicated system for deciding whether schools were succeeding 

or failing based on State test results, sanctions for schools missing 

their performance targets, and a requirement that each of our Nation’s 3.2 million teachers be ‘‘highly qualified’’ as defined by Washington. The goal was laudable enough: All 50 million students in 

nearly 100,000 public schools were to be proficient in reading and 

math by the end of the 2013–14 school year. Unfortunately, NCLB 

inserted too many Washington rules and regulations into matters 

that should have been left to communities, parents, and classroom 

teachers. 

No Child Left Behind has had some positive results. It has 

helped create an environment in which many States have put in 

place challenging standards in reading and math and are conducting annual tests aligned with those standards. All States are 

participating in the National Assessment of Educational Progress— 

‘‘the Nation’s report card’’—providing a reliable audit of the rigor 

of States’ standards and tests. The law encouraged school choice 

and the growth of charter schools, giving more parents the opportunity to choose the best school for their child. Most importantly, 

States, local districts, and schools are now reporting annually on 

student achievement overall and for each subgroup of students 

based on race, ethnicity, family income, English proficiency, and 

disability status. As a result of this so-called ‘‘disaggregation’’ of 

data, parents, State legislators, and governors are better able to 

identify struggling schools and populations and are holding their 

districts, schools, principals, and teachers accountable. 

However, data from the last 10 years confirm that the Federal 

mandates and regulations NCLB imposed upon local schools have 

not worked as well as the law’s authors had hoped. Federal funding 

for programs under the Elementary and Secondary Education Act 

increased by 64 percent between 2000 and 2012, but insufficient 

progress was made toward the goal of universal student proficiency 

in core academic subjects. NCLB armed parents and policymakers 

with better data on which to base their decisions, but its prescriptive Federal mandates have too often hamstrung their ability to 

make the right decisions for their schools. This experience makes 

it clear that local schools cannot be fixed from Washington—only 

principals, teachers, parents, and communities can improve their 

schools. 

In 2009, President Obama and congressional Democrats created 

the competitive grant program known as Race to the Top. This program provided grants to States to pursue aggressive education reforms such as raising standards, improving tests, evaluating and 

rewarding outstanding teaching, and expanding charter schools. 

Unfortunately, the Administration used the program to essentially 

mandate that the 46 applicant States, along with the District of 

Columbia, adopt the Common Core State Standards in reading and 

math, federally defined turnaround models for failing schools, and 

prescriptive teacher and principal evaluation systems. 

Congress’s failure to fix NCLB has now allowed the Administration to turn its waiver authority under Title IX of ESEA—under 

which States may request relief from unworkable Federal mandates—into a conditional process in which the U.S. Secretary of 

Education dictates what States must do in order to obtain that relief. To obtain a waiver today, States must either adopt the Commstockstill on DSK4VPTVN1PROD with HEARINGS

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mon Core standards in reading and math or prove to the U.S. Department of Education’s satisfaction that their standards would 

prepare a high school graduate for college or careers, accept new 

Federal definitions of how the State should measure a school’s performance, and develop statewide teacher and principal evaluation 

systems that conform to Federal regulations. The law does not give 

the Secretary the authority to impose on States requirements that 

were developed in the executive branch without congressional approval. Yet the mandates in NCLB have become so dysfunctional 

that States are effectively forced into the waiver process: 47 States 

plus the District of Columbia have applied. 

The latest developments in the Administration’s waiver policy 

are even more troubling. In August 2013, the Secretary granted 

waivers to eight California school districts after previously denying 

a waiver application from the State of California itself, despite the 

fact that the law clearly States that school districts seeking waivers must apply to the Secretary through their States. This new policy threatens to undermine the ability of States to pursue a coherent reform agenda and is only the latest evidence of the Department of Education having assumed for itself the role of national 

school board. 

STRENGTHENING AMERICA’S SCHOOLS ACT OF 2013

Instead of reversing the congestion of Federal mandates that has 

built up over the past decade, the 1,150-page Strengthening America’s Schools Act of 2013 would not only freeze these mandates in 

place, it would expand the Federal role in elementary and secondary education. The committee-passed bill suggests Congress 

and the Federal Government do not trust parents, classroom teachers, school administrators, and States to care about and educate 

their children. It reinforces NCLB’s mistaken notion that Washington must do it for them. 

Although this bill eliminates NCLB’s onerous Adequate Yearly 

Progress mandate, it replaces it with an equally unworkable regime requiring States to set prescriptive performance goals that 

meet Federal requirements and must be negotiated with Washington. It also would force States to identify and fix more than 20 

percent of public schools based on federally defined measures of 

student performance and growth, achievement gaps, and high 

school graduation rates. Furthermore, this bill doubles down on the 

inflexible school turnaround strategies that are mandated under 

Race to the Top and the Administration’s waiver program despite 

the absence of research to support their effectiveness. We believe 

school turnaround models cannot be so thoughtfully constructed 

from Washington to respond to the unique circumstances facing 

thousands of schools across the country. Any attempt to do so will 

either be overly prescriptive or produce a lowest-common-denominator compromise that forces local districts to engage in a meaningless exercise in complying with Federal regulations. 

This bill further micromanages States by requiring them to receive Washington approval of their standards and measures of student growth, prove to the U.S. Department of Education the adequacy of their assessments, and force students with disabilities to 

take tests that may be inappropriate. We believe that these steps 

will only exacerbate concerns about the federalization of what was 

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initially a voluntary, State-led effort to adopt common standards 

and assessments. 

Under this bill, every one of our approximately 15,000 local 

school districts in the United States would be required to implement the same federally defined approach to evaluating teachers 

and principals, based in significant part on student test scores and 

other prescribed elements. While we believe that strong evaluation 

systems are an essential component of education reform, the Federal Government should not mandate these systems or define how 

they are to be developed and implemented at the State or local 

level. 

This bill purports to elevate the importance of teacher effectiveness over the paper credentials that are the basis of the current 

Federal definition of a ‘‘Highly Qualified Teacher.’’ Yet it retains 

the Highly Qualified Teacher requirements from NCLB for almost 

all new teachers, providing only limited flexibility for teachers in 

rural schools. Under this bill, even if a teacher is found to be highly effective under a State or district evaluation system, that teacher would still have to go through a complicated bureaucratic process in order to demonstrate that they are ‘‘highly qualified’’ based 

on State licensure requirements, education credentials, and test results. There was no research evidence to support these Federal requirements when they were first put in place under NCLB, and 

there is none now. By continuing to include the Highly Qualified 

Teacher provision in Federal law, this bill would continue to keep 

many talented individuals from entering the teaching profession. 

While NCLB demonstrated that focused data collection and reporting are important accountability tools, this bill adds more than 

150 new reporting elements, including, but not limited to, schoollevel information on student pregnancy, college remediation rates, 

incidents of student drug use, detentions, suspensions, class size, 

and the salaries of inter-scholastic athletic coaches. The Council of 

Chief State School Officers estimates that the new reporting requirements in title I of this bill alone would require States to collect, analyze, and report almost 46,000 data elements annually. 

Aside from the burden this would place on our Nation’s schools, it 

is doubtful that the U.S. Department of Education has the capacity 

to analyze all this data or to use it constructively. 

This bill recognizes a legitimate concern about the inequitable 

distribution of Federal school funding, particularly the formula 

under title I–A, which is intended to distribute funds to the neediest students in low-income schools. Due to a flaw known as the 

‘‘comparability loophole,’’ the current formula often results in the 

money going to schools serving less disadvantaged students. However, this bill seeks to address this problem in the wrong way. 

Rather than improving the flawed Federal title I–A formula to ensure that Federal funds follow the poorest students to the schools 

they attend, this bill seeks to micromanage how States and local 

districts allocate their own State and local funds. 

By requiring that ‘‘comparability’’ be demonstrated based on district expenditures, this bill would cause dramatic upheaval in our 

Nation’s school finances and place a substantial burden on States 

and local school districts. According to the Council of Great City 

Schools, complying with this provision would cost 63 of our Nation’s large urban districts $2 billion of their own dollars. This 

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amounts to a direct tax on our Nation’s poorest communities and 

is one of the starkest examples of how this bill moves towards establishing a national school board. It seeks to leverage the Federal 

Government’s limited investment, which represents approximately 

10 percent of public school funding, to tell local districts how they 

must allocate the 90 percent of funding that comes from State and 

local sources. As the U.S. Supreme Court explained in its 2012 decision, National Federation of Independent Business v. Sebelius, 

which struck down the expansion of Medicaid under the Patient 

Protection and Affordable Care Act, such Federal policies amount 

to a ‘‘gun to the head’’ that crosses the line between encouragement 

and coercion and represents ‘‘economic dragooning that leaves the 

States with no real option but to acquiesce.’’ 

In addition to further expanding the role and power of the U.S. 

Department of Education, the Strengthening America’s Schools Act 

of 2013 fails to address the lack of return on the American taxpayer’s education investment and the dire condition of the Federal 

purse. Rather than eliminating duplicative or ineffective programs 

and providing more flexibility to States and local school districts 

through program consolidation, this bill creates 28 new programs 

and dedicates nearly 500 pages to new competitive grant programs. 

Based on the President’s budget proposal and bills that other members have introduced to authorize funding for these programs, 

these additions could increase Federal spending under ESEA by $3 

billion annually. This would only divert limited Federal resources 

away from the States, school districts, and schools that need it 

most. 

Finally, this bill leaves the Secretary’s waiver authority virtually 

untouched. If enacted into law, it would provide no relief to the 41 

States and the District of Columbia with waivers until those waivers expire. And the nine States without waivers would have to implement most of the same Federal mandates. While disguised as offering flexibility from the requirements of NCLB, in reality this bill 

requires that all States submit to the subjective judgments of 

unelected bureaucrats and unaccountable peer review panels in 

Washington, DC. 

A BETTER SCHOOLS PLAN

Republican members of this committee offered and unanimously 

supported a 220-page alternative proposal that moves in a different 

direction—toward helping children learn what they need to know 

by restoring responsibility to States and communities and giving 

teachers and parents freedom, flexibility, and choice. It is called 

the ‘‘Every Child Ready for College or Career Act.’’ 

The Every Child Ready for College or Career Act emphasizes 

State and local decisionmaking. It takes Washington out of the 

business of deciding whether local schools are succeeding or failing, 

freeing all schools from NCLB’s Adequate Yearly Progress mandate. Rather than Federal rules on how States and local districts 

identify and fix public schools based on performance measures and 

turnaround strategies defined by Washington, this alternative proposal asks States to develop their own systems to identify schools 

that need assistance in meeting State-developed standards, as well 

as any other performance measures determined by States, and asks 

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local districts to develop their own strategies for improving these 

schools. 

Instead of mandating that States adopt standards that conform 

to a new Federal definition of ‘‘college and career ready,’’ this proposal maintains the current requirement that States have challenging academic standards and annual assessments in reading, 

math, and science, including alternative and modified standards 

and assessments for students with disabilities. It prohibits the U.S. 

Secretary of Education from specifying, defining, or prescribing the 

standards or measures that States or school districts use to establish, implement, or improve their standards and assessments. The 

Secretary also may not require or coerce States or local districts to 

adopt common standards, assessments, or accountability systems. 

This proposal recognizes that funding to local school districts 

under Title I of ESEA has drifted from its intended purpose of 

helping the poorest students and gives States the option to let title 

I funds follow low-income children to the public school they attend. 

In doing so it provides an opportunity for States to address the formula flaw that often diverts these funds to schools serving wealthier families. It does not, however, impose a new mandate that would 

either force involuntary teacher transfers or cause a dramatic upheaval in how local schools are funded, as would occur under the 

majority’s bill. It also makes it easier for States to offer low-income 

parents more choice in finding the right public school for their children. 

The Every Child Ready for College or Career Act eliminates the 

Federal ‘‘Highly Qualified Teacher’’ requirement altogether, restoring States’ control over who is allowed to teach in their schools. It 

encourages, but does not require, States and local school districts 

to create teacher and principal evaluation systems that relate 

teacher performance to student achievement and other factors determined by the State, by allowing them to use funds under Title 

II of ESEA for that purpose. The Federal Teacher Incentive Fund 

grant program would continue to support innovative teacher and 

principal performance-based compensation programs. 

Rather than allowing decisionmakers in Washington, DC, to determine funding priorities, the Every Child Ready for College or 

Career Act consolidates 62 existing programs authorized by NCLB 

or funded by subsequent appropriations bills. It gives those funds 

back to States and local school districts in the form of two flexible 

and streamlined block grants to better meet the unique and specific 

needs of students, as determined at the local level. It also eliminates the current ‘‘maintenance of effort’’ requirement, giving 

States more flexibility to decide where and when to make targeted 

investments in education. 

Finally, this alternative proposal preserves the original intent of 

the waiver authority under title IX of the law. The Secretary is authorized to waive portions of the law that stifle State and local innovation, but that authority is limited. The Every Child Ready for 

College or Career Act specifies that States and local districts may 

submit applications that will enable them to improve student academic achievement. The Secretary may review those applications 

and shall approve them with deference to State and local judgments on the best way to do this. The Secretary may not, however, 

use the waiver authority to become a national school board and 

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mandate performance targets, standards and assessments, growth 

models, teacher and principal evaluations, or any other conditions 

not already specified in the law. Furthermore, while local school 

districts may individually or collectively apply for waivers with the 

support of their State, the Secretary is prohibited from circumventing the legal authority of States and their governors when 

granting waiver requests. 

CONCLUSION

The accumulation of Federal mandates over the past decade has 

turned the U.S. Department of Education into a national school 

board for our 100,000 public schools. Today, States must come to 

Washington to get approval for their plans to improve their schools, 

and unelected bureaucrats make decisions that determine how 50 

million students will be educated. This unfortunate situation is 

partly attributable to the failure of Congress to fix the problems 

with No Child Left Behind. It also reflects this Administration’s 

use of competitive grants and waivers to coerce and impose restrictive mandates on States and local districts. 

The Democrats on this committee have offered a 1,150-page plan 

that would not only maintain these mandates, but expand them, by 

setting Federal performance targets, mandating common standards 

and assessments, requiring federally defined teacher and principal 

evaluation systems, creating 28 new programs and 150 new reporting requirements, and maintaining the Secretary of Education’s unchecked power to grant waivers based on conditions not specified 

in the law. Their Strengthening America’s Schools Act of 2013 

seeks to codify a range of policies that have supplanted the judgment of governors, legislators, school boards, teachers, and parents. 

Committee Republicans offered instead a 220-page proposal that 

emphasizes State and local decisionmaking. It gets Washington out 

of the business of deciding whether local schools are succeeding or 

failing, prohibits the U.S. Secretary of Education from prescribing 

standards or accountability systems for States, makes it easier for 

States to offer low-income parents more choice in finding the right 

public school for their children, encourages States and local districts to create teacher and principal evaluation programs free of 

Federal mandates, and offers more flexibility in spending Federal 

education dollars, while cutting waste. 

This is not a proposal just for Republicans. We believe this proposal represents the views of governors leading the charge for education reform, State legislators who are working to improve their 

local schools, teachers who value the freedom to teach, and parents 

who want the best education possible for their children. 

While the process and product of this committee markup was decidedly partisan, with majority and minority members offering fundamentally different views about the role of the Federal Government in elementary and secondary education, Senate Republicans 

are committed to moving forward on reauthorizing ESEA and fixing NCLB. 

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We welcome an opportunity to have a full and vigorous debate 

through regular order that enables the entire Senate to participate 

in shaping this legislation. We look forward to such a debate and 

hope that it leads to a product that frees States, local school districts, teachers, parents, and students from the outdated and unwarranted mandates of NCLB. 

LAMAR ALEXANDER. 

MICHAEL B. ENZI. 

RICHARD BURR. 

JOHNNY ISAKSON. 

RAND PAUL. 

ORRIN HATCH. 

PAT ROBERTS. 

LISA MURKOWSKI. 

MARK KIRK. 

TIM SCOTT. 

IX. CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill as 

reported are shown as follows: Existing law proposed to be omitted 

is enclosed in øblack brackets¿, new matter is printed in italic, existing law in which no change is proposed is shown in roman: 

ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 

* * * * * * * 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Elementary and Secondary Education Act of 1965’’. 

øSEC. 2. TABLE OF CONTENTS. 

øThe table of contents for this Act is as follows: 

øSec. 1. Short title. 

øSec. 2. Table of contents. 

øTITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 

DISADVANTAGED 

øSec. 1001. Statement of purpose. 

øSec. 1002. Authorization of appropriations. 

øSec. 1003. School improvement. 

øSec. 1004. State administration. 

øPART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL

AGENCIES

øSubpart 1—Basic Program Requirements 

øSec. 1111. State plans. 

øSec. 1112. Local educational agency plans. 

øSec. 1113. Eligible school attendance areas. 

øSec. 1114. Schoolwide programs. 

øSec. 1115. Targeted assistance schools. 

øSec. 1116. Academic assessment and local educational agency and school improvement. 

øSec. 1117. School support and recognition. 

øSec. 1118. Parental involvement. 

øSec. 1119. Qualifications for teachers and paraprofessionals. 

øSec. 1120. Participation of children enrolled in private schools. 

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øSec. 1120A. Fiscal requirements. 

øSec. 1120B. Coordination requirements. 

øSubpart 2—Allocations 

øSec. 1121. Grants for the outlying areas and the Secretary of the Interior. 

øSec. 1122. Allocations to States. 

øSec. 1124. Basic grants to local educational agencies. 

øSec. 1124A. Concentration grants to local educational agencies. 

øSec. 1125. Targeted grants to local educational agencies. 

øSec. 1125AA. Adequacy of funding of targeted grants to local educational agencies 

in fiscal years after fiscal year 2001. 

øSec. 1125A. Education finance incentive grant program. 

øSec. 1126. Special allocation procedures. 

øSec. 1127. Carryover and waiver. 

øPART B—STUDENT READING SKILLS IMPROVEMENT GRANTS

øSubpart 1—Reading First 

øSec. 1201. Purposes. 

øSec. 1202. Formula grants to State educational agencies. 

øSec. 1203. State formula grant applications. 

øSec. 1204. Targeted assistance grants. 

øSec. 1205. External evaluation. 

øSec. 1206. National activities. 

øSec. 1207. Information dissemination. 

øSec. 1208. Definitions. 

øSubpart 2—Early Reading First 

øSec. 1221. Purposes; definitions. 

øSec. 1222. Local Early Reading First grants. 

øSec. 1223. Federal administration. 

øSec. 1224. Information dissemination. 

øSec. 1225. Reporting requirements. 

øSec. 1226. Evaluation. 

øSubpart 3—William F. Goodling Even Start Family Literacy Programs 

øSec. 1231. Statement of purpose. 

øSec. 1232. Program authorized. 

øSec. 1233. State educational agency programs. 

øSec. 1234. Uses of funds. 

øSec. 1235. Program elements. 

øSec. 1236. Eligible participants. 

øSec. 1237. Applications. 

øSec. 1238. Award of subgrants. 

øSec. 1239. Evaluation. 

øSec. 1240. Indicators of program quality. 

øSec. 1241. Research. 

øSec. 1242. Construction. 

øSubpart 4—Improving Literacy Through School Libraries 

øSec. 1251. Improving literacy through school libraries. 

øPART C—EDUCATION OF MIGRATORY CHILDREN

øSec. 1301. Program purpose. 

øSec. 1302. Program authorized. 

øSec. 1303. State allocations. 

øSec. 1304. State applications; services. 

øSec. 1305. Secretarial approval; peer review. 

øSec. 1306. Comprehensive needs assessment and service-delivery plan; authorized 

activities. 

øSec. 1307. Bypass. 

øSec. 1308. Coordination of migrant education activities. 

øSec. 1309. Definitions. 

øPART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH

WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK

øSec. 1401. Purpose and program authorization. 

øSec. 1402. Payments for programs under this part. 

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øSubpart 1—State Agency Programs 

øSec. 1411. Eligibility. 

øSec. 1412. Allocation of funds. 

øSec. 1413. State reallocation of funds. 

øSec. 1414. State plan and State agency applications. 

øSec. 1415. Use of funds. 

øSec. 1416. Institution-wide projects. 

øSec. 1417. Three-year programs or projects. 

øSec. 1418. Transition services. 

øSec. 1419. Evaluation; technical assistance; annual model program. 

øSubpart 2—Local Agency Programs 

øSec. 1421. Purpose. 

øSec. 1422. Programs operated by local educational agencies. 

øSec. 1423. Local educational agency applications. 

øSec. 1424. Uses of funds. 

øSec. 1425. Program requirements for correctional facilities receiving funds under 

this section. 

øSec. 1426. Accountability. 

øSubpart 3—General Provisions 

øSec. 1431. Program evaluations. 

øSec. 1432. Definitions. 

øPART E—NATIONAL ASSESSMENT OF TITLE I 

øSec. 1501. Evaluations. 

øSec. 1502. Demonstrations of innovative practices. 

øSec. 1503. Assessment evaluation. 

øSec. 1504. Close Up fellowship program. 

øPART F—COMPREHENSIVE SCHOOL REFORM

øSec. 1601. Purpose. 

øSec. 1602. Program authorization. 

øSec. 1603. State applications. 

øSec. 1604. State use of funds. 

øSec. 1605. Local applications. 

øSec. 1606. Local use of funds. 

øSec. 1607. Evaluation and reports. 

øSec. 1608. Quality initiatives. 

øPART G—ADVANCED PLACEMENT PROGRAMS

øSec. 1701. Short title. 

øSec. 1702. Purposes. 

øSec. 1703. Funding distribution rule. 

øSec. 1704. Advanced placement test fee program. 

øSec. 1705. Advanced placement incentive program grants. 

øSec. 1706. Supplement, not supplant. 

øSec. 1707. Definitions. 

øPART H—SCHOOL DROPOUT PREVENTION

øSec. 1801. Short title. 

øSec. 1802. Purpose. 

øSec. 1803. Authorization of appropriations. 

øSubpart 1—Coordinated National Strategy 

øSec. 1811. National activities. 

øSubpart 2—School Dropout Prevention Initiative 

øSec. 1821. Definitions. 

øSec. 1822. Program authorized. 

øSec. 1823. Applications. 

øSec. 1824. State reservation. 

øSec. 1825. Strategies and capacity building. 

øSec. 1826. Selection of local educational agencies for subgrants. 

øSec. 1827. Community based organizations. 

øSec. 1828. Technical assistance. 

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øSec. 1829. School dropout rate calculation. 

øSec. 1830. Reporting and accountability. 

øPART I—GENERAL PROVISIONS

øSec. 1901. Federal regulations. 

øSec. 1902. Agreements and records. 

øSec. 1903. State administration. 

øSec. 1904. Local educational agency spending audits. 

øSec. 1905. Prohibition against Federal mandates, direction, or control. 

øSec. 1906. Rule of construction on equalized spending. 

øSec. 1907. State report on dropout data. 

øSec. 1908. Regulations for sections 1111 and 1116. 

øTITLE II—PREPARING, TRAINING, AND RECRUITING HIGH QUALITY 

TEACHERS AND PRINCIPALS 

øPART A—TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND

øSec. 2101. Purpose. 

øSec. 2102. Definitions. 

øSec. 2103. Authorizations of appropriations. 

øSubpart 1—Grants to States 

øSec. 2111. Allotments to States. 

øSec. 2112. State applications. 

øSec. 2113. State use of funds. 

øSubpart 2—Subgrants to Local Educational Agencies 

øSec. 2121. Allocations to local educational agencies. 

øSec. 2122. Local applications and needs assessment. 

øSec. 2123. Local use of funds. 

øSubpart 3—Subgrants to Eligible Partnerships 

øSec. 2131. Definitions. 

øSec. 2132. Subgrants. 

øSec. 2133. Applications. 

øSec. 2134. Use of funds. 

øSubpart 4—Accountability 

øSec. 2141. Technical assistance and accountability. 

øSubpart 5—National Activities 

øSec. 2151. National activities of demonstrated effectiveness. 

øPART B—MATHEMATICS AND SCIENCE PARTNERSHIPS

øSec. 2201. Purpose; definitions. 

øSec. 2202. Grants for mathematics and science partnerships. 

øSec. 2203. Authorization of appropriations. 

øPART C—INNOVATION FOR TEACHER QUALITY

øSubpart 1—Transitions to Teaching 

ø[Chapter A (relating to Troops-To-Teachers Program) was repealed by section 

541(d) of division A of Public Law 112–239.] 

øCHAPTER B—TRANSITION TO TEACHING PROGRAM 

øSec. 2311. Purposes. 

øSec. 2312. Definitions. 

øSec. 2313. Grant program. 

øSec. 2314. Evaluation and accountability for recruiting and retaining teachers. 

øCHAPTER C—GENERAL PROVISIONS 

øSec. 2321. Authorization of appropriations. 

øSubpart 2—National Writing Project 

øSec. 2331. Purposes. 

øSec. 2332. National Writing Project. 

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øSubpart 3—Civic Education 

øSec. 2341. Short title. 

øSec. 2342. Purpose. 

øSec. 2343. General authority. 

øSec. 2344. We the People program. 

øSec. 2345. Cooperative civic education and economic education exchange programs. 

øSec. 2346. Authorization of appropriations. 

øSubpart 4—Teaching of Traditional American History 

øSec. 2351. Establishment of program. 

øSec. 2352. Authorization of appropriations. 

øSubpart 5—Teacher Liability Protection 

øSec. 2361. Short title. 

øSec. 2362. Purpose. 

øSec. 2363. Definitions. 

øSec. 2364. Applicability. 

øSec. 2365. Preemption and election of State nonapplicability. 

øSec. 2366. Limitation on liability for teachers. 

øSec. 2367. Allocation of responsibility for noneconomic loss. 

øSec. 2368. Effective date. 

øPART D—ENHANCING EDUCATION THROUGH TECHNOLOGY

øSec. 2401. Short title. 

øSec. 2402. Purposes and goals. 

øSec. 2403. Definitions. 

øSec. 2404. Authorization of appropriations. 

øSubpart 1—State and Local Technology Grants 

øSec. 2411. Allotment and reallotment. 

øSec. 2412. Use of allotment by State. 

øSec. 2413. State applications. 

øSec. 2414. Local applications. 

øSec. 2415. State activities. 

øSec. 2416. Local activities. 

øSubpart 2—National Technology Activities 

øSec. 2421. National activities. 

øSec. 2422. National education technology plan. 

øSubpart 3—Ready-to-Learn Television 

øSec. 2431. Ready-to-Learn Television. 

øSubpart 4—Limitation on Availability of Certain Funds for Schools 

øSec. 2441. Internet safety. 

øTITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT 

AND IMMIGRANT STUDENTS 

øSec. 3001. Authorizations of appropriations; condition on effectiveness of parts. 

øPART A—ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND

ACADEMIC ACHIEVEMENT ACT

øSec. 3101. Short title. 

øSec. 3102. Purposes. 

øSubpart 1—Grants and Subgrants for English Language Acquisition and Language 

Enhancement 

øSec. 3111. Formula grants to States. 

øSec. 3112. Native American and Alaska Native children in school. 

øSec. 3113. State and specially qualified agency plans. 

øSec. 3114. Within-State allocations. 

øSec. 3115. Subgrants to eligible entities. 

øSec. 3116. Local plans. 

øSubpart 2—Accountability and Administration 

øSec. 3121. Evaluations. 

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øSec. 3122. Achievement objectives and accountability. 

øSec. 3123. Reporting requirements. 

øSec. 3124. Coordination with related programs. 

øSec. 3125. Rules of construction. 

øSec. 3126. Legal authority under State law. 

øSec. 3127. Civil rights. 

øSec. 3128. Programs for Native Americans and Puerto Rico. 

øSec. 3129. Prohibition. 

øSubpart 3—National Activities 

øSec. 3131. National professional development project. 

øSubpart 4—Definitions 

øSec. 3141. Eligible entity. 

øPART B—IMPROVING LANGUAGE INSTRUCTION EDUCATIONAL PROGRAMS

øSec. 3201. Short title. 

øSec. 3202. Purpose. 

øSec. 3203. Native American children in school. 

øSec. 3204. Residents of the territories and freely associated states. 

øSubpart 1—Program Development and Enhancement 

øSec. 3211. Financial assistance for language instruction educational programs. 

øSec. 3212. Program enhancement activities. 

øSec. 3213. Comprehensive school and systemwide improvement activities. 

øSec. 3214. Applications. 

øSec. 3215. Capacity building. 

øSec. 3216. Programs for Native Americans and Puerto Rico. 

øSec. 3217. Evaluations. 

øSec. 3218. Construction. 

øSubpart 2—Research, Evaluation, and Dissemination 

øSec. 3221. Authority. 

øSec. 3222. Research. 

øSec. 3223. Academic excellence awards. 

øSec. 3224. State grant program. 

øSec. 3225. Instruction materials development. 

øSubpart 3—Professional Development 

øSec. 3231. Professional development grants. 

øSubpart 4—Emergency Immigrant Education Program 

øSec. 3241. Purpose. 

øSec. 3242. State administrative costs. 

øSec. 3243. Withholding. 

øSec. 3244. State allotments. 

øSec. 3245. State applications. 

øSec. 3246. Administrative provisions. 

øSec. 3247. Uses of funds. 

øSec. 3248. Reports. 

øSubpart 5—Administration 

øSec. 3251. Release time. 

øSec. 3252. Notification. 

øSec. 3253. Coordination and reporting requirements. 

øPART C—GENERAL PROVISIONS

øSec. 3301. Definitions. 

øSec. 3302. Parental notification. 

øSec. 3303. National Clearinghouse. 

øSec. 3304. Regulations. 

øTITLE IV—21ST CENTURY SCHOOLS 

øPART A—SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

øSec. 4001. Short title. 

øSec. 4002. Purpose. 

øSec. 4003. Authorization of appropriations. 

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øSubpart 1—State Grants 

øSec. 4111. Reservations and allotments. 

øSec. 4112. Reservation of State funds for safe and drug-free schools. 

øSec. 4113. State application. 

øSec. 4114. Local educational agency program. 

øSec. 4115. Authorized activities. 

øSec. 4116. Reporting. 

øSec. 4117. Programs for Native Hawaiians. 

øSubpart 2—National Programs 

øSec. 4121. Federal activities. 

øSec. 4122. Impact evaluation. 

øSec. 4123. Hate crime prevention. 

øSec. 4124. Safe and Drug-Free Schools and Communities Advisory Committee. 

øSec. 4125. National coordinator program. 

øSec. 4126. Community service grant program. 

øSec. 4127. School Security Technology and Resource Center. 

øSec. 4128. National Center for School and Youth Safety. 

øSec. 4129. Grants to reduce alcohol abuse. 

øSec. 4130. Mentoring programs. 

øSubpart 3—Gun Possession 

øSec. 4141. Gun-free requirements. 

øSubpart 4—General Provisions 

øSec. 4151. Definitions. 

øSec. 4152. Message and materials. 

øSec. 4153. Parental consent. 

øSec. 4154. Prohibited uses of funds. 

øSec. 4155. Transfer of school disciplinary records. 

øPART B—21ST CENTURY COMMUNITY LEARNING CENTERS

øSec. 4201. Purpose; definitions. 

øSec. 4202. Allotments to States. 

øSec. 4203. State application. 

øSec. 4204. Local competitive grant program. 

øSec. 4205. Local activities. 

øSec. 4206. Authorization of appropriations. 

øPART C—ENVIRONMENTAL TOBACCO SMOKE

øSec. 4301. Short title. 

øSec. 4302. Definitions. 

øSec. 4303. Nonsmoking policy for children’s services. 

øSec. 4304. Preemption. 

øTITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE 

PROGRAMS 

øPART A—INNOVATIVE PROGRAMS

øSec. 5101. Purposes, State and local responsibility. 

øSubpart 1—State and Local Programs 

øSec. 5111. Allotment to States. 

øSec. 5112. Allocation to local educational agencies. 

øSubpart 2—State Programs 

øSec. 5121. State uses of funds. 

øSec. 5122. State applications. 

øSubpart 3—Local Innovative Education Programs 

øSec. 5131. Local uses of funds. 

øSec. 5132. Administrative authority. 

øSec. 5133. Local applications. 

øSubpart 4—General Provisions 

øSec. 5141. Maintenance of effort. 

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øSec. 5142. Participation of children enrolled in private schools. 

øSec. 5143. Federal administration. 

øSec. 5144. Supplement, not supplant. 

øSec. 5145. Definitions. 

øSec. 5146. Authorization of appropriations. 

øPART B—PUBLIC CHARTER SCHOOLS

øSubpart 1—Charter School Programs 

øSec. 5201. Purpose. 

øSec. 5202. Program authorized. 

øSec. 5203. Applications. 

øSec. 5204. Administration. 

øSec. 5205. National activities. 

øSec. 5206. Federal formula allocation during first year and for successive enrollment expansions. 

øSec. 5207. Solicitation of input from charter school operators. 

øSec. 5208. Records transfer. 

øSec. 5209. Paperwork reduction. 

øSec. 5210. Definitions. 

øSec. 5211. Authorization of appropriations. 

øSubpart 2—Credit Enhancement Initiatives To Assist Charter School Facility 

Acquisition, Construction, and Renovation 

øSec. 5221. Purpose. 

øSec. 5222. Grants to eligible entities. 

øSec. 5223. Applications. 

øSec. 5224. Charter school objectives. 

øSec. 5225. Reserve account. 

øSec. 5226. Limitation on administrative costs. 

øSec. 5227. Audits and reports. 

øSec. 5228. No full faith and credit for grantee obligations. 

øSec. 5229. Recovery of funds. 

øSec. 5230. Definitions. 

øSec. 5231. Authorization of appropriations. 

øSubpart 3—Voluntary Public School Choice Programs 

øSec. 5241. Grants. 

øSec. 5242. Uses of funds. 

øSec. 5243. Applications. 

øSec. 5244. Priorities. 

øSec. 5245. Requirements and voluntary participation. 

øSec. 5246. Evaluations. 

øSec. 5247. Definitions. 

øSec. 5248. Authorization of appropriations. 

øPART C—MAGNET SCHOOLS ASSISTANCE

øSec. 5301. Findings and purpose. 

øSec. 5302. Definition. 

øSec. 5303. Program authorized. 

øSec. 5304. Eligibility. 

øSec. 5305. Applications and requirements. 

øSec. 5306. Priority. 

øSec. 5307. Use of funds. 

øSec. 5308. Prohibition. 

øSec. 5309. Limitations. 

øSec. 5310. Evaluations. 

øSec. 5311. Authorization of appropriations; reservation. 

øPART D—FUND FOR THE IMPROVEMENT OF EDUCATION

øSec. 5401. Authorization of appropriations. 

øSubpart 1—Fund for the Improvement of Education 

øSec. 5411. Programs authorized. 

øSec. 5412. Applications. 

øSec. 5413. Program requirements. 

øSec. 5414. Studies of national significance. 

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øSubpart 2—Elementary and Secondary School Counseling Programs 

øSec. 5421. Elementary and secondary school counseling programs. 

øSubpart 3—Partnerships in Character Education 

øSec. 5431. Partnerships in Character Education program. 

øSubpart 4—Smaller Learning Communities 

øSec. 5441. Smaller learning communities. 

øSubpart 5—Reading Is Fundamental—Inexpensive Book Distribution Program 

øSec. 5451. Inexpensive book distribution program for reading motivation. 

øSubpart 6—Gifted and Talented Students 

øSec. 5461. Short title. 

øSec. 5462. Purpose. 

øSec. 5463. Rule of construction. 

øSec. 5464. Authorized programs. 

øSec. 5465. Program priorities. 

øSec. 5466. General provisions. 

øSubpart 7—Star Schools Program 

øSec. 5471. Short title. 

øSec. 5472. Purposes. 

øSec. 5473. Grant program authorized. 

øSec. 5474. Applications. 

øSec. 5475. Other grant assistance. 

øSec. 5476. Administrative provisions. 

øSec. 5477. Definitions. 

øSubpart 8—Ready to Teach 

øSec. 5481. Grants. 

øSec. 5482. Application required. 

øSec. 5483. Reports and evaluation. 

øSec. 5484. Digital educational programming grants. 

øSec. 5485. Administrative costs. 

øSubpart 9—Foreign Language Assistance Program 

øSec. 5491. Short title. 

øSec. 5492. Program authorized. 

øSec. 5493. Applications. 

øSec. 5494. Elementary school foreign language incentive program. 

øSubpart 10—Physical Education 

øSec. 5501. Short title. 

øSec. 5502. Purpose. 

øSec. 5503. Program authorized. 

øSec. 5504. Applications. 

øSec. 5505. Requirements. 

øSec. 5506. Administrative provisions. 

øSec. 5507. Supplement, not supplant. 

øSubpart 11—Community Technology Centers 

øSec. 5511. Purpose and program authorization. 

øSec. 5512. Eligibility and application requirements. 

øSec. 5513. Uses of funds. 

øSubpart 12—Educational, Cultural, Apprenticeship, and Exchange Programs for 

Alaska Natives, Native Hawaiians, and Their Historical Whaling and Trading 

Partners in Massachusetts 

øSec. 5521. Short title. 

øSec. 5522. Findings and purposes. 

øSec. 5523. Program authorization. 

øSec. 5524. Administrative provisions. 

øSec. 5525. Availability of funds. 

øSec. 5526. Definitions. 

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øSubpart 13—Excellence in Economic Education 

øSec. 5531. Short title. 

øSec. 5532. Purpose and goals. 

øSec. 5533. Grant program authorized. 

øSec. 5534. Applications. 

øSec. 5535. Requirements. 

øSec. 5536. Administrative provisions. 

øSec. 5537. Supplement, not supplant. 

øSubpart 14—Grants to Improve the Mental Health of Children 

øSec. 5541. Grants for the integration of schools and mental health systems. 

øSec. 5542. Promotion of school readiness through early childhood emotional and 

social development. 

øSubpart 15—Arts in Education 

øSec. 5551. Assistance for arts education. 

øSubpart 16—Parental Assistance and Local Family Information Centers 

øSec. 5561. Purposes. 

øSec. 5562. Grants authorized. 

øSec. 5563. Applications. 

øSec. 5564. Uses of funds. 

øSec. 5565. Administrative provisions. 

øSec. 5566. Local family information centers. 

øSubpart 17—Combatting Domestic Violence 

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

øSubpart 18—Healthy, High-Performance Schools 

øSec. 5581. Grant program authorized. 

øSec. 5582. State uses of funds. 

øSec. 5583. Local uses of funds. 

øSec. 5584. Report to Congress. 

øSec. 5585. Limitations. 

øSec. 5586. Healthy, high-performance school building defined. 

øSubpart 19—Grants for Capital Expenses of Providing Equitable Services for 

Private School Students 

øSec. 5591. Grant program authorized. 

øSec. 5592. Uses of funds. 

øSec. 5593. Allotments to States. 

øSec. 5594. Subgrants to local educational agencies. 

øSec. 5595. Capital expenses defined. 

øSec. 5596. Termination. 

øSubpart 20—Additional Assistance for Certain Local Educational Agencies 

Impacted by Federal Property Acquisition 

øSec. 5601. Reservation. 

øSec. 5602. Eligibility. 

øSec. 5603. Maximum amount. 

øSubpart 21—Women’s Educational Equity Act 

øSec. 5611. Short title and findings. 

øSec. 5612. Statement of purpose. 

øSec. 5613. Programs authorized. 

øSec. 5614. Applications. 

øSec. 5615. Criteria and priorities. 

øSec. 5616. Report. 

øSec. 5617. Administration. 

øSec. 5618. Amount. 

øTITLE VI—FLEXIBILITY AND ACCOUNTABILITY 

øPART A—IMPROVING ACADEMIC ACHIEVEMENT

øSubpart 1—Accountability 

øSec. 6111. Grants for State assessments and related activities. 

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øSec. 6112. Grants for enhanced assessment instruments. 

øSec. 6113. Funding. 

øSubpart 2—Funding Transferability for State and Local Educational Agencies 

øSec. 6121. Short title. 

øSec. 6122. Purpose. 

øSec. 6123. Transferability of funds. 

øSubpart 3—State and Local Flexibility Demonstration 

øSec. 6131. Short title. 

øSec. 6132. Purpose. 

øSec. 6133. General provision. 

øCHAPTER A—STATE FLEXIBILITY AUTHORITY 

øSec. 6141. State flexibility. 

øSec. 6142. Consolidation and use of funds. 

øSec. 6143. Performance review and penalties. 

øSec. 6144. Renewal of grant of flexibility authority. 

øCHAPTER B—LOCAL FLEXIBILITY DEMONSTRATION 

øSec. 6151. Local flexibility demonstration agreements. 

øSec. 6152. Consolidation and use of funds. 

øSec. 6153. Limitations on administrative expenditures. 

øSec. 6154. Performance review and penalties. 

øSec. 6155. Renewal of local flexibility demonstration agreement. 

øSec. 6156. Reports. 

øSubpart 4—State Accountability for Adequate Yearly Progress 

øSec. 6161. Accountability for adequate yearly progress. 

øSec. 6162. Peer review. 

øSec. 6163. Technical assistance. 

øSec. 6164. Report to Congress. 

øPART B—RURAL EDUCATION INITIATIVE

øSec. 6201. Short title. 

øSec. 6202. Purpose. 

øSubpart 1—Small, Rural School Achievement Program 

øSec. 6211. Use of applicable funding. 

øSec. 6212. Grant program authorized. 

øSec. 6213. Accountability. 

øSubpart 2—Rural and Low-Income School Program 

øSec. 6221. Program authorized. 

øSec. 6222. Uses of funds. 

øSec. 6223. Applications. 

øSec. 6224. Accountability. 

øSubpart 3—General Provisions 

øSec. 6231. Annual average daily attendance determination. 

øSec. 6232. Supplement, not supplant. 

øSec. 6233. Rule of construction. 

øSec. 6234. orization of appropriations. 

øPART C—GENERAL PROVISIONS

øSec. 6301. Prohibition against Federal mandates, direction, or control. 

øSec. 6302. Rule of construction on equalized spending. 

øTITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION 

øPART A—INDIAN EDUCATION

øSec. 7101. Statement of policy. 

øSec. 7102. Purpose. 

øSubpart 1—Formula Grants to Local Educational Agencies 

øSec. 7111. Purpose. 

øSec. 7112. Grants to local educational agencies and tribes. 

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øSec. 7113. Amount of grants. 

øSec. 7114. Applications. 

øSec. 7115. Authorized services and activities. 

øSec. 7116. Integration of services authorized. 

øSec. 7117. Student eligibility forms. 

øSec. 7118. Payments. 

øSec. 7119. State educational agency review. 

øSubpart 2—Special Programs and Projects To Improve Educational Opportunities 

for Indian Children 

øSec. 7121. Improvement of educational opportunities for Indian children. 

øSec. 7122. Professional development for teachers and education professionals. 

øSubpart 3—National Activities 

øSec. 7131. National research activities. 

øSec. 7132. In-service training for teachers of Indian children. 

øSec. 7133. Fellowships for Indian students. 

øSec. 7134. Gifted and talented Indian students. 

øSec. 7135. Grants to tribes for education administrative planning and development. 

øSec. 7136. Improvement of educational opportunities for adult Indians. 

øSubpart 4—Federal Administration 

øSec. 7141. National Advisory Council on Indian Education. 

øSec. 7142. Peer review. 

øSec. 7143. Preference for Indian applicants. 

øSec. 7144. Minimum grant criteria. 

øSubpart 5—Definitions; Authorizations of Appropriations 

øSec. 7151. Definitions. 

øSec. 7152. Authorizations of appropriations. 

øPART B—NATIVE HAWAIIAN EDUCATION

øSec. 7201. Short title. 

øSec. 7202. Findings. 

øSec. 7203. Purposes. 

øSec. 7204. Native Hawaiian Education Council and island councils. 

øSec. 7205. Program authorized. 

øSec. 7206. Administrative provisions. 

øSec. 7207. Definitions. 

øPART C—AALASKA NATIVE EDUCATION

øSec. 7301. Short title. 

øSec. 7302. Findings. 

øSec. 7303. Purposes. 

øSec. 7304. Program authorized. 

øSec. 7305. Administrative provisions. 

øSec. 7306. Definitions. 

øTITLE VIII—IMPACT AID 

øSec. 8001. Purpose. 

øSec. 8002. Payments relating to Federal acquisition of real property. 

øSec. 8003. Payments for eligible federally connected children. 

øSec. 8004. Policies and procedures relating to children residing on Indian lands. 

øSec. 8005. Application for payments under sections 8002 and 8003. 

øSec. 8007. Construction. 

øSec. 8008. Facilities. 

øSec. 8009. State consideration of payments in providing State aid. 

øSec. 8010. Federal administration. 

øSec. 8011. Administrative hearings and judicial review. 

øSec. 8012. Forgiveness of overpayments. 

øSec. 8013. Definitions. 

øSec. 8014. Authorization of appropriations. 

øTITLE IX—GENERAL PROVISIONS 

øPART A—DEFINITIONS

øSec. 9101. Definitions. 

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øSec. 9102. Applicability of title. 

øSec. 9103. Applicability to Bureau of Indian Affairs operated schools. 

øPART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS

øSec. 9201. Consolidation of State administrative funds for elementary and secondary education programs. 

øSec. 9202. Single local educational agency States. 

øSec. 9203. Consolidation of funds for local administration. 

øSec. 9204. Consolidated set-aside for Department of the Interior funds. 

øPART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS

AND APPLICATIONS

øSec. 9301. Purpose. 

øSec. 9302. Optional consolidated State plans or applications. 

øSec. 9303. Consolidated reporting. 

øSec. 9304. General applicability of State educational agency assurances. 

øSec. 9305. Consolidated local plans or applications. 

øSec. 9306. Other general assurances. 

øPART D—WAIVERS

øSec. 9401. Waivers of statutory and regulatory requirements. 

øPART E—UNIFORM PROVISIONS

øSubpart 1—Private Schools 

øSec. 9501. Participation by private school children and teachers. 

øSec. 9502. Standards for by-pass. 

øSec. 9503. Complaint process for participation of private school children. 

øSec. 9504. By-pass determination process. 

øSec. 9505. Prohibition against funds for religious worship or instruction. 

øSec. 9506. Private, religious, and home schools. 

øSubpart 2—Other Provisions 

øSec. 9521. Maintenance of effort. 

øSec. 9522. Prohibition regarding State aid. 

øSec. 9523. Privacy of assessment results. 

øSec. 9524. School prayer. 

øSec. 9525. Equal access to public school facilities. 

øSec. 9526. General prohibitions. 

øSec. 9527. Prohibitions on Federal Government and use of Federal funds. 

øSec. 9528. Armed Forces recruiter access to students and student recruiting information. 

øSec. 9529. Prohibition on federally sponsored testing. 

øSec. 9530. Limitations on national testing or certification for teachers. 

øSec. 9531. Prohibition on nationwide database. 

øSec. 9532. Unsafe school choice option. 

øSec. 9533. Prohibition on discrimination. 

øSec. 9534. Civil rights. 

øSec. 9535. Rulemaking. 

øSec. 9536. Severability. 

øPART F—EVALUATIONS

øSec. 9601. Evaluations.¿ 

* * * * * * * 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Authorization of appropriations. 

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TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 

DISADVANTAGED 

Sec. 1001. Purpose. 

Sec. 1002. State administration and State accountability and support. 

PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL

AGENCIES

SUBPART 1—BASIC PROGRAM REQUIREMENTS

Sec. 1111. State and local requirements. 

Sec. 1112. Local educational agency plans. 

Sec. 1113. Eligible school attendance areas. 

Sec. 1114. Schoolwide programs. 

Sec. 1115. Targeted assistance schools. 

Sec. 1116. School performance. 

Sec. 1117. Qualifications for teachers and paraprofessionals. 

Sec. 1118. Parent and family engagement. 

Sec. 1119. Participation of children enrolled in private schools. 

Sec. 1120. Fiscal requirements. 

Sec. 1120A. Coordination requirements. 

SUBPART 2—ALLOCATIONS

Sec. 1121. Grants for the outlying areas and the Secretary of the Interior. 

Sec. 1122. Allocations to States. 

Sec. 1124. Basic grants to local educational agencies. 

Sec. 1124A. Concentration grants to local educational agencies. 

Sec. 1125. Targeted grants to local educational agencies. 

Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies 

in fiscal years after fiscal year 2001. 

Sec. 1125A. Education finance incentive grant program. 

Sec. 1126. Special allocation procedures. 

SUBPART 3—BLUE RIBBON SCHOOLS; CENTERS OF EXCELLENCE IN EARLY

CHILDHOOD; GREEN RIBBON SCHOOLS

Sec. 1131. Blue ribbon schools. 

Sec. 1132. Centers of excellence in early childhood. 

Sec. 1133. Green ribbon schools. 

SUBPART 4—GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES

Sec. 1141. Grants for State assessments and related activities. 

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PART B—PATHWAYS TO COLLEGE

SUBPART 1—IMPROVING SECONDARY SCHOOLS

Sec. 1201. Secondary school reform. 

SUBPART 2—ACCELERATED LEARNING

Sec. 1221. Purposes. 

Sec. 1222. Funding distribution rule. 

Sec. 1223. Advanced Placement and International Baccalaureate examination fee 

program. 

Sec. 1224. Advanced Placement and International Baccalaureate incentive program grants. 

Sec. 1225. Supplement, not supplant. 

Sec. 1226. Definitions. 

PART C—EDUCATION OF MIGRATORY CHILDREN

Sec. 1301. Program purpose. 

Sec. 1302. Program authorized. 

Sec. 1303. State allocations. 

Sec. 1304. State applications; services. 

Sec. 1305. Secretarial approval; peer review. 

Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized 

activities. 

Sec. 1307. Bypass. 

Sec. 1308. National activities. 

Sec. 1309. Performance data. 

Sec. 1310. Evaluation and study. 

Sec. 1311. State assistance in determining number of migratory children. 

Sec. 1312. Definitions. 

PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND

YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK

Sec. 1401. Purpose and program authorization. 

Sec. 1402. Payments for programs under this part. 

SUBPART 1—STATE AGENCY PROGRAMS

Sec. 1411. Eligibility. 

Sec. 1412. Allocation of funds. 

Sec. 1413. State reallocation of funds. 

Sec. 1414. State plan and State agency applications. 

Sec. 1415. Use of funds. 

Sec. 1416. Institution-wide projects. 

Sec. 1417. Three-year programs or projects. 

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Sec. 1418. Transition services. 

Sec. 1419. Program evaluation. 

SUBPART 2—LOCAL AGENCY PROGRAMS

Sec. 1421. Purpose. 

Sec. 1422. Programs operated by local educational agencies. 

Sec. 1423. Local educational agency applications. 

Sec. 1424. Uses of funds. 

Sec. 1425. Program requirements for correctional facilities receiving funds under 

this section. 

Sec. 1426. Accountability. 

SUBPART 3—GENERAL PROVISIONS

Sec. 1431. Program evaluations. 

Sec. 1432. Definitions. 

PART E—EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE

Sec. 1501. Educational stability of children in foster care. 

Sec. 1502. Definitions. 

PART F—GENERAL PROVISIONS

Sec. 1601. Federal regulations. 

Sec. 1602. Agreements and records. 

Sec. 1603. State administration. 

Sec. 1604. Local educational agency spending audits. 

Sec. 1605. Prohibition against Federal mandates, direction, or control. 

Sec. 1606. Rule of construction on equalized spending. 

Sec. 1607. State report on dropout data. 

Sec. 1608. Regulations for sections 1111 and 1116. 

TITLE II—SUPPORTING TEACHER AND PRINCIPAL EXCELLENCE 

PART A—CONTINUOUS IMPROVEMENT AND SUPPORT FOR TEACHERS AND

PRINCIPALS

Sec. 2101. Purpose. 

Sec. 2102. Definitions. 

SUBPART 1—GRANTS TO STATES

Sec. 2111. Allotments to States. 

Sec. 2112. State applications. 

Sec. 2113. State use of funds. 

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SUBPART 2—SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES

Sec. 2121. Allocations to local educational agencies. 

Sec. 2122. Local applications and needs assessment. 

Sec. 2123. Local use of funds. 

SUBPART 3—NATIONAL LEADERSHIP ACTIVITIES

Sec. 2131. National leadership activities. 

Sec. 2132. Gifted and talented students. 

SUBPART 4—ACCOUNTABILITY

Sec. 2141. Accountability. 

SUBPART 5—PRINCIPAL RECRUITMENT AND TRAINING

Sec. 2151. Principal recruitment and training grant program. 

PART B—TEACHER PATHWAYS TO THE CLASSROOM

Sec. 2201. Teacher Pathways. 

PART C—TEACHER INCENTIVE FUND PROGRAM

Sec. 2301. Purposes; definitions. 

Sec. 2302. Teacher incentive fund grants. 

PART D—ACHIEVEMENT THROUGH TECHNOLOGY AND INNOVATION

Sec. 2401. Short title. 

Sec. 2402. Purposes and goals. 

Sec. 2403. Definitions. 

Sec. 2404. Allocation of funds; limitation. 

Sec. 2405. E-rate restriction. 

Sec. 2406. Rule of construction regarding purchasing. 

SUBPART 1—STATE AND LOCAL GRANTS

Sec. 2411. Allotment and reallotment. 

Sec. 2412. Use of allotment by State. 

Sec. 2413. State applications. 

Sec. 2414. State activities. 

Sec. 2415. Local applications. 

Sec. 2416. Local activities. 

Sec. 2417. Reporting. 

SUBPART 2—INTERNET SAFETY

Sec. 2421. Internet safety. 

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TITLE III—LANGUAGE AND ACADEMIC CONTENT INSTRUCTION FOR 

ENGLISH LEARNERS AND IMMIGRANT STUDENTS 

PART A—ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND

ACADEMIC ACHIEVEMENT ACT

Sec. 3101. Short title. 

Sec. 3102. Purposes. 

SUBPART 1—GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION

AND LANGUAGE ENHANCEMENT

Sec. 3111. Formula grants to States. 

Sec. 3112. Native American and Alaska Native children in school. 

Sec. 3113. State educational agency plans. 

Sec. 3114. Within-State allocations. 

Sec. 3115. Subgrants to eligible entities. 

Sec. 3116. Local plans. 

SUBPART 2—ACCOUNTABILITY AND ADMINISTRATION

Sec. 3121. Local evaluation and accountability. 

Sec. 3122. State accountability. 

Sec. 3123. Reporting requirements. 

Sec. 3124. Coordination with related programs. 

Sec. 3125. Rules of construction. 

Sec. 3126. Legal authority under State law. 

Sec. 3127. Civil rights. 

Sec. 3128. Programs for Native Americans and Puerto Rico. 

Sec. 3129. Prohibition. 

SUBPART 3—NATIONAL ACTIVITIES

Sec. 3131. Professional development grants. 

Sec. 3132. Commission on the Assessment and Advancement of English Learners. 

Sec. 3133. English language acquisition technology innovation grants. 

PART B—GENERAL PROVISIONS

Sec. 3201. Definitions. 

Sec. 3202. Parental notification. 

Sec. 3203. National Clearinghouse. 

Sec. 3204. Regulations. 

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TITLE IV—SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS 

PART A—IMPROVING LITERACY INSTRUCTION AND STUDENT ACHIEVEMENT

SUBPART 1—IMPROVING LITERACY INSTRUCTION

Sec. 4101. Short title. 

Sec. 4102. Purposes. 

Sec. 4103. Definitions. 

Sec. 4104. Program authorized. 

Sec. 4105. State planning grants. 

Sec. 4106. State implementation grants. 

Sec. 4107. State activities. 

Sec. 4108. Subgrants to eligible entities in support of birth through kindergarten 

entry literacy. 

Sec. 4109. Subgrants to eligible entities in support of kindergarten through grade 

12 literacy. 

Sec. 4110. National evaluation, information dissemination, and technical assistance. 

Sec. 4111. Rules of construction. 

SUBPART 2—IMPROVING LITERACY AND COLLEGE AND CAREER READINESS

THROUGH EFFECTIVE SCHOOL LIBRARY PROGRAMS

Sec. 4113. Purpose. 

Sec. 4114. Definitions. 

Sec. 4115. Improving literacy and college and career readiness through effective 

school library program grants. 

PART B—IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND

MATHEMATICS INSTRUCTION AND STUDENT ACHIEVEMENT

SUBPART 1—IMPROVING STEM INSTRUCTION AND STUDENT ACHIEVEMENT

Sec. 4201. Purpose. 

Sec. 4202. Definitions. 

Sec. 4203. Grants; allotments. 

Sec. 4204. Applications. 

Sec. 4205. Authorized activities. 

Sec. 4206. Performance metrics; report. 

Sec. 4207. Evaluation. 

Sec. 4208. Supplement not supplant. 

Sec. 4209. Maintenance of effort. 

SUBPART 2—STEM MASTER TEACHER CORPS PROGRAM

4221. Purpose. 

4222. Definitions. 

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4223. STEM Master Teacher Corps program. 

4224. Application. 

4225. Required use of funds. 

4226. Performance metrics; reports. 

4227. Supplement not supplant. 

4228. Evaluation. 

PART C—INCREASING ACCESS TO A WELL-ROUNDED EDUCATION AND

FINANCIAL LITERACY

SUBPART 1—INCREASING ACCESS TO A WELL-ROUNDED EDUCATION

Sec. 4301. Purpose. 

Sec. 4302. Definitions. 

Sec. 4303. Grant program. 

SUBPART 2—FINANCIAL LITERACY EDUCATION

Sec. 4311. Short title. 

Sec. 4312. Statewide incentive grants for financial literacy education. 

PART D—SUCCESSFUL, SAFE, AND HEALTHY STUDENTS

Sec. 4401. Purpose. 

Sec. 4402. Definitions. 

Sec. 4403. Allocation of funds. 

Sec. 4404. Successful, safe, and healthy students State grants. 

Sec. 4405. Technical assistance. 

Sec. 4406. School construction after a violent or traumatic crisis. 

Sec. 4407. Prohibited uses of funds. 

Sec. 4408. Federal and State nondiscrimination laws. 

PART E—STUDENT NON-DISCRIMINATION

Sec. 4501. Short title. 

Sec. 4502. Findings and purposes. 

Sec. 4503. Definitions and rule. 

Sec. 4504. Prohibition against discrimination. 

Sec. 4505. Federal administrative enforcement; report to congressional committees. 

Sec. 4506. Private cause of action. 

Sec. 4507. Cause of action by the Attorney General. 

Sec. 4508. State immunity. 

Sec. 4509. Attorney’s fees. 

Sec. 4510. Effect on other laws. 

Sec. 4511. Severability. 

Sec. 4512. Effective date. 

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PART F—21ST CENTURY COMMUNITY LEARNING CENTERS

Sec. 4601. Purpose; definitions. 

Sec. 4602. Allotments to States. 

Sec. 4603. State application. 

Sec. 4604. Local competitive grant program. 

Sec. 4605. Local activities. 

PART G—PROMISE NEIGHBORHOODS

Sec. 4701. Short title. 

Sec. 4702. Purpose. 

Sec. 4703. Definitions. 

SUBPART 1—PROMISE NEIGHBORHOOD PARTNERSHIP GRANTS

Sec. 4711. Program authorized. 

Sec. 4712. Eligible entities. 

Sec. 4713. Application requirements. 

Sec. 4714. Use of funds. 

Sec. 4715. Report and publicly available data. 

Sec. 4716. Performance accountability and evaluation. 

SUBPART 2—PROMISE SCHOOL GRANTS

Sec. 4721. Program authorized. 

Sec. 4722. Definition of eligible entity. 

Sec. 4723. Application requirements; priority. 

Sec. 4724. Use of funds. 

Sec. 4725. Report and publicly available data. 

Sec. 4726. Performance accountability and evaluation. 

SUBPART 3—GENERAL PROVISIONS

Sec. 4731. National activities. 

PART H—PARENT AND FAMILY INFORMATION AND RESOURCE CENTERS

Sec. 4801. Purpose. 

Sec. 4802. Definition of eligible entity. 

Sec. 4803. Grants authorized. 

Sec. 4804. Applications. 

Sec. 4805. Uses of funds. 

Sec. 4806. Administrative provisions. 

PART I—READY TO LEARN

Sec. 4901. Ready To Learn. 

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PART J—PROGRAMS OF NATIONAL SIGNIFICANCE

Sec. 4905. Programs authorized. 

Sec. 4906. Applications. 

Sec. 4907. Program requirements. 

PART K—COMPETENCY-BASED ASSESSMENT AND ACCOUNTABILITY

DEMONSTRATION AUTHORITY

Sec. 4909. Competency-based assessment and accountability demonstration. 

TITLE V—PROMOTING INNOVATION 

PART A—RACE TO THE TOP

Sec. 5101. Purposes. 

Sec. 5102. Reservation of funds. 

Sec. 5103. Race to the Top program. 

Sec. 5104. Application process. 

Sec. 5105. Performance measures. 

Sec. 5106. Uses of funds. 

Sec. 5107. Reporting. 

PART B—INVESTING IN INNOVATION

Sec. 5201. Purposes. 

Sec. 5202. Reservations. 

Sec. 5203. Program authorized; length of grants; priorities. 

Sec. 5204. Applications. 

Sec. 5205. Uses of funds. 

Sec. 5206. Performance measures. 

Sec. 5207. Reporting. 

PART C—MAGNET SCHOOLS ASSISTANCE

Sec. 5301. Findings and purpose. 

Sec. 5302. Definition. 

Sec. 5303. Program authorized. 

Sec. 5304. Eligibility. 

Sec. 5305. Applications and requirements. 

Sec. 5306. Priority. 

Sec. 5307. Use of funds. 

Sec. 5308. Prohibition. 

Sec. 5309. Limitations. 

Sec. 5310. Evaluations. 

Sec. 5311. Availability of funds for grants to agencies not previously assisted. 

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PART D—PUBLIC CHARTER SCHOOLS

Sec. 5401. Purpose. 

Sec. 5402. Distribution of funds. 

SUBPART 1—SUCCESSFUL CHARTER SCHOOLS PROGRAM

Sec. 5411. Definitions. 

Sec. 5412. Program authorized. 

Sec. 5413. Applications. 

Sec. 5414. Selection criteria; priority. 

Sec. 5415. Uses of funds. 

Sec. 5416. Subgrants. 

Sec. 5417. Performance measures; reports. 

Sec. 5418. Federal formula allocation during first year and for successive enrollment expansions. 

Sec. 5419. Records transfer. 

Sec. 5420. National activities. 

SUBPART 2—CHARTER SCHOOL FACILITY ACQUISITION, CONSTRUCTION, AND

RENOVATION

Sec. 5431. Purpose. 

Sec. 5432. Definitions. 

Sec. 5433. Grants to eligible entities. 

Sec. 5434. Charter school objectives. 

Sec. 5435. Applications; selection criteria. 

Sec. 5436. Reserve account. 

Sec. 5437. Limitation on administrative costs. 

Sec. 5438. Audits and reports. 

Sec. 5439. No full faith and credit for grantee obligations. 

Sec. 5440. Recovery of funds. 

PART E—VOLUNTARY PUBLIC SCHOOL CHOICE PROGRAMS

Sec. 5501. Grants. 

Sec. 5502. Uses of funds. 

Sec. 5503. Applications. 

Sec. 5504. Priorities. 

Sec. 5505. Requirements and voluntary participation. 

Sec. 5506. Evaluations. 

Sec. 5507. Definitions. 

PART F—COLLEGE INFORMATION DEMONSTRATION PROGRAM

Sec. 5601. College information demonstration program. 

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TITLE VI—PROMOTING FLEXIBILITY; RURAL EDUCATION 

PART A—TRANSFERABILITY

Sec. 6101. Transferability of funds. 

PART B—RURAL EDUCATION INITIATIVE

Sec. 6201. Short title. 

Sec. 6202. Purpose. 

SUBPART 1—SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM

Sec. 6211. Program authorized. 

Sec. 6212. Academic achievement assessments. 

SUBPART 2—RURAL AND LOW-INCOME SCHOOL PROGRAM

Sec. 6221. Program authorized. 

Sec. 6222. Uses of funds. 

Sec. 6223. Applications. 

Sec. 6224. Accountability. 

SUBPART 3—GENERAL PROVISIONS

Sec. 6231. Choice of participation. 

Sec. 6232. Annual average daily attendance determination. 

Sec. 6233. Supplement, not supplant. 

Sec. 6234. Rule of construction. 

TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE 

EDUCATION 

PART A—INDIAN EDUCATION

Sec. 7101. Statement of policy. 

Sec. 7102. Purpose. 

SUBPART 1—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

Sec. 7111. Purpose. 

Sec. 7112. Grants to local educational agencies and tribes. 

Sec. 7113. Amount of grants. 

Sec. 7114. Applications. 

Sec. 7115. Authorized services and activities. 

Sec. 7116. Integration of services authorized. 

Sec. 7117. Student eligibility forms. 

Sec. 7118. Payments. 

Sec. 7119. State educational agency review. 

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SUBPART 2—SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL

OPPORTUNITIES FOR INDIAN CHILDREN AND YOUTH

Sec. 7121. Improvement of educational opportunities for Indian children and 

youth. 

Sec. 7122. Professional development for teachers and education professionals. 

SUBPART 3—NATIONAL ACTIVITIES

Sec. 7131. National research activities. 

Sec. 7132. Improvement of academic success for students through Native American language. 

Sec. 7133. Improving State and tribal educational agency collaboration. 

SUBPART 4—FEDERAL ADMINISTRATION

Sec. 7141. National Advisory Council on Indian Education. 

Sec. 7142. Peer review. 

Sec. 7143. Preference for Indian applicants. 

Sec. 7144. Minimum grant criteria. 

SUBPART 5—DEFINITIONS

Sec. 7151. Definitions. 

PART B—NATIVE HAWAIIAN EDUCATION; ALASKA NATIVE EDUCATION

SUBPART 1—NATIVE HAWAIIAN EDUCATION

Sec. 7201. Short title. 

Sec. 7202. Findings. 

Sec. 7203. Purposes. 

Sec. 7204. Native Hawaiian Education Council. 

Sec. 7205. Program authorized. 

Sec. 7206. Administrative provisions. 

Sec. 7207. Definitions. 

SUBPART 2—ALASKA NATIVE EDUCATION

Sec. 7301. Short title. 

Sec. 7302. Findings. 

Sec. 7303. Purposes. 

Sec. 7304. Program authorized. 

Sec. 7305. Administrative provisions. 

Sec. 7306. Definitions. 

TITLE VIII—IMPACT AID 

Sec. 8001. Purpose. 

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Sec. 8002. Payments relating to Federal acquisition of real property. 

Sec. 8003. Payments for eligible federally connected children. 

Sec. 8004. Policies and procedures relating to children residing on Indian lands. 

Sec. 8005. Application for payments under sections 8002 and 8003. 

Sec. 8007. Construction. 

Sec. 8008. Facilities. 

Sec. 8009. State consideration of payments in providing State aid. 

Sec. 8010. Federal administration. 

Sec. 8011. Administrative hearings and judicial review. 

Sec. 8012. Forgiveness of overpayments. 

Sec. 8013. Definitions. 

TITLE IX—GENERAL PROVISIONS 

PART A—DEFINITIONS

Sec. 9101. Definitions. 

Sec. 9102. Applicability of title. 

Sec. 9103. Applicability to Bureau of Indian Affairs operated schools. 

PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS

Sec. 9201. Consolidation of State administrative funds for elementary and secondary education programs. 

Sec. 9202. Single local educational agency States. 

Sec. 9203. Consolidation of funds for local administration. 

Sec. 9204. Consolidated set-aside for Department of the Interior funds. 

PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL

PLANS AND APPLICATIONS

Sec. 9301. Purposes. 

Sec. 9302. Optional consolidated State plans or applications. 

Sec. 9303. Consolidated reporting. 

Sec. 9304. General applicability of State educational agency assurances. 

Sec. 9305. Consolidated local plans or applications. 

Sec. 9306. Other general assurances. 

PART D—WAIVERS

Sec. 9401. Waivers of statutory and regulatory requirements. 

PART E—UNIFORM PROVISIONS

SUBPART 1—PRIVATE SCHOOLS

Sec. 9501. Participation by private school children and teachers. 

Sec. 9502. Standards for by-pass. 

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Sec. 9503. Complaint process for participation of private school children. 

Sec. 9504. By-pass determination process. 

Sec. 9505. Prohibition against funds for religious worship or instruction. 

Sec. 9506. Private, religious, and home schools. 

SUBPART 2—OTHER PROVISIONS

Sec. 9521. Maintenance of effort. 

Sec. 9522. Prohibition regarding State aid. 

Sec. 9523. Privacy of assessment results. 

Sec. 9524. School prayer. 

Sec. 9525. Equal access to public school facilities. 

Sec. 9526. General prohibitions. 

Sec. 9527. Prohibitions on Federal Government and use of Federal funds. 

Sec. 9528. Armed Forces recruiter access to students and student recruiting information. 

Sec. 9529. Prohibition on federally sponsored testing. 

Sec. 9530. Limitations on national testing or certification for teachers. 

Sec. 9531. Prohibition on nationwide database. 

Sec. 9532. Unsafe school choice option. 

Sec. 9533. Prohibition on discrimination. 

Sec. 9534. Civil rights. 

Sec. 9535. Rulemaking. 

Sec. 9536. Severability. 

Sec. 9537. Geographic diversity. 

SUBPART 3—TEACHER LIABILITY PROTECTION

Sec. 9541. Short title. 

Sec. 9542. Purpose. 

Sec. 9543. Definitions. 

Sec. 9544. Applicability. 

Sec. 9545. Preemption and election of State nonapplicability. 

Sec. 9546. Limitation on liability for teachers. 

Sec. 9547. Allocation of responsibility for noneconomic loss. 

Sec. 9548. Effective date. 

PART F—EVALUATIONS

Sec. 9601. Evaluation authority. 

PART G—MISCELLANEOUS PROVISIONS

SUBPART 1—GUN POSSESSION

Sec. 9701. Gun-free requirements. 

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SUBPART 2—ENVIRONMENTAL TOBACCO SMOKE

Sec. 9721. Short title. 

Sec. 9722. Definitions. 

Sec. 9723. Nonsmoking policy for children’s services. 

Sec. 9724. Preemption. 

SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

(a) LOCAL EDUCATIONAL AGENCY GRANTS.— (1) IN GENERAL.—There are authorized to be appropriated 

to carry out part A of title I (except for sections 1116(f), 1125A, 

and 1132, and subpart 4 of part A of such title) such sums as 

may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. 

(2) SCHOOL IMPROVEMENT GRANTS, NATIONAL ACTIVITIES, AND EVALUATION.— (A) IN GENERAL.—There are authorized to be appropriated to carry out section 1116(f) such sums as may be 

necessary for fiscal year 2014 and each of the 4 succeeding 

fiscal years. 

(B) RESERVATION FOR NATIONAL ACTIVITIES.—Of the 

amounts appropriated under subparagraph (A) for a fiscal 

year, the Secretary shall reserve not more than 2 percent for 

the national activities described in section 1116(f)(6). 

(3) EDUCATION FINANCE INCENTIVE GRANT PROGRAM.— There are authorized to be appropriated to carry out section 

1125A such sums as may be necessary for fiscal year 2014 and 

each of the 4 succeeding fiscal years. 

(4) CENTERS OF EXCELLENCE IN EARLY CHILDHOOD.—There 

are authorized to be appropriated to carry out section 1132 such 

sums as may be necessary for fiscal year 2014 and each of the 

4 succeeding fiscal years. 

(b) GRANTS FOR STATE ASSESSMENTS AND THE NATIONAL AS- SESSMENT OF EDUCATIONAL PROGRESS.— 

(1) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.— 

For the purpose of administering the State assessments under 

the National Assessment of Educational Progress, there are authorized to be appropriated such sums as may be necessary for 

fiscal year 2014 and each of the 4 succeeding fiscal years. 

(2) STATE ASSESSMENTS AND RELATED ACTIVITIES.—For the 

purpose of carrying out assessment and related activities under 

subpart 4 of part A of title I, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and 

each of the 4 succeeding fiscal years. 

(c) PATHWAYS TO COLLEGE.—For the purposes of carrying out 

part B of title I, Pathways to College, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and 

each of the 4 succeeding fiscal years. 

(d) EDUCATION OF MIGRATORY CHILDREN.—For the purposes of 

carrying out part C of title I, Education of Migratory Children, 

there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. 

(e) NEGLECTED AND DELINQUENT.—For the purposes of carrying 

out part D of title I, Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk, there 

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are authorized to be appropriated such sums as may be necessary 

for fiscal year 2014 and each of the 4 succeeding fiscal years. 

(f) CONTINUOUS IMPROVEMENT AND SUPPORT FOR TEACHERS

AND PRINCIPALS.— (1) IN GENERAL.—For the purposes of carrying out subparts 

1, 2, 3, and 4 of part A of title II, there are authorized to be 

appropriated such sums as may be necessary for fiscal year 

2014 and each of the 4 succeeding fiscal years. 

(2) PRINCIPAL RECRUITMENT AND TRAINING.—For the purposes of carrying out subpart 5 of part A of title II, Principal 

Recruitment and Training, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and 

each of the 4 succeeding fiscal years. 

(g) TEACHER PATHWAYS TO THE CLASSROOM.—For the purposes 

of carrying out part B of title II, Teacher Pathways to the Classroom, there are authorized to be appropriated such sums as may be 

necessary for fiscal year 2014 and each of the 4 succeeding fiscal 

years. 

(h) TEACHER INCENTIVE FUND.—For the purposes of carrying 

out part C of title II, Teacher Incentive Fund, there are authorized 

to be appropriated such sums as may be necessary for fiscal year 

2014 and each of the 4 succeeding fiscal years. 

(i) ACHIEVEMENT THROUGH TECHNOLOGY AND INNOVATION.— For the purposes of carrying out part D of title II, Achievement 

through Technology and Innovation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and 

each of the 4 succeeding fiscal years. 

(j) ENGLISH LEARNERS AND IMMIGRANT STUDENTS.—For the 

purposes of carrying out title III, Language and Academic Content 

Instruction for English Learners and Immigrant Students, there are 

authorized to be appropriated such sums as may be necessary for 

fiscal year 2014 and each of the 4 succeeding fiscal years. 

(k) IMPROVING LITERACY AND STUDENT ACHIEVEMENT.— (1) IMPROVING LITERACY.—For the purposes of carrying out 

subpart 1 of part A of title IV, Improving Literacy Instruction, 

there are authorized to be appropriated such sums as may be 

necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. 

(2) EFFECTIVE SCHOOL LIBRARY PROGRAMS.—For the purposes of carrying out subpart 2 of part A of title IV, Improving 

Literacy and College and Career Readiness Through Effective 

School Library Programs, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and 

each of the 4 succeeding fiscal years. 

(l) IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND

MATHEMATICS INSTRUCTION AND STUDENT ACHIEVEMENT.—For the 

purposes of carrying out part B of title IV, Improving Science, Technology, Engineering, and Mathematics Instruction and Student 

Achievement, there are authorized to be appropriated such sums as 

may be necessary for fiscal year 2014 and each of the 4 succeeding 

fiscal years. 

(m) INCREASING ACCESS TO A WELL-ROUNDED EDUCATION AND

FINANCIAL LITERACY.—For the purposes of carrying out part C of 

title IV, Increasing Access to a Well-Rounded Education and Financial Literacy, there are authorized to be appropriated such sums as 

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may be necessary for fiscal year 2014 and each of the 4 succeeding 

fiscal years. 

(n) SUCCESSFUL, SAFE, AND HEALTHY STUDENTS.— (1) IN GENERAL.—For the purposes of carrying out part D 

of title IV (except for section 4406), Successful, Safe, and 

Healthy Students, there are authorized to be appropriated such 

sums as may be necessary for fiscal year 2014 and each of the 

4 succeeding fiscal years. 

(2) SCHOOL CONSTRUCTION AFTER A VIOLENT OR TRAUMATIC

CRISIS.—For purposes of carrying out section 4406, School Construction After a Violent or Traumatic Crisis, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. Funds 

made available under this paragraph shall remain available 

until expended. 

(o) 21ST CENTURY COMMUNITY LEARNING CENTERS.—For the 

purposes of carrying out part F of title IV, 21st Century Community 

Learning Centers, there are authorized to be appropriated such 

sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. 

(p) PROMISE NEIGHBORHOODS.—For the purposes of carrying 

out part G of title IV, Promise Neighborhoods, there are authorized 

to be appropriated such sums as may be necessary for fiscal year 

2014 and each of the 4 succeeding fiscal years. 

(q) PARENT AND FAMILY INFORMATION AND RESOURCE CEN- TERS.—For the purposes of carrying out part H of title IV, Parent 

and Family Information and Resource Centers, there are authorized 

to be appropriated such sums as may be necessary for fiscal year 

2014 and each of the 4 succeeding fiscal years. 

(r) READY TO LEARN.—For the purposes of carrying out part I 

of title IV, Ready To Learn, there are authorized to be appropriated 

such sums as may be necessary for fiscal year 2014 and each of the 

4 succeeding fiscal years. 

(s) PROGRAMS OF NATIONAL SIGNIFICANCE.—For the purposes of 

carrying out part I of title IV, Programs of National Significance, 

there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. 

(t) RACE TO THE TOP.—For the purposes of carrying out part A 

of title V, Race to the Top, there are authorized to be appropriated 

such sums as may be necessary for fiscal year 2014 and each of the 

4 succeeding fiscal years. 

(u) INVESTING IN INNOVATION.—For the purposes of carrying 

out part B of title V, Investing in Innovation, there are authorized 

to be appropriated such sums as may be necessary for fiscal year 

2014 and each of the 4 succeeding fiscal years. 

(v) MAGNET SCHOOLS ASSISTANCE.—For the purposes of carrying out part C of title V, Magnet Schools Assistance, there are authorized to be appropriated such sums as may be necessary for fiscal 

year 2014 and each of the 4 succeeding fiscal years. 

(w) PUBLIC CHARTER SCHOOLS.—For the purposes of carrying 

out part D of title V, Public Charter Schools, there are authorized 

to be appropriated such sums as may be necessary for fiscal year 

2014 and each of the 4 succeeding fiscal years. 

(x) VOLUNTARY PUBLIC SCHOOL CHOICE.—For the purposes of 

carrying out part E of title V, Voluntary Public School Choice, there 

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are authorized to be appropriated such sums as may be necessary 

for fiscal year 2014 and each of the 4 succeeding fiscal years. 

(y) COLLEGE INFORMATION DEMONSTRATION PROGRAM.—For the 

purposes of carrying out part F of title V, College Information Demonstration Program, there are authorized to be appropriated such 

sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. 

(z) RURAL EDUCATION ACHIEVEMENT PROGRAM.—For the purposes of carrying out part B of title VI, Rural Education Achievement Program, there are authorized to be appropriated such sums 

as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. 

(aa) INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION.— 

(1) INDIAN EDUCATION AND NATIVE HAWAIIAN EDUCATION.— 

For the purposes of carrying out part A and subpart 1 of part 

B of title VII, Indian Education and Native Hawaiian Education, there are authorized to be appropriated such sums as 

may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. 

(2) ALASKA NATIVE EDUCATION.—There are authorized to be 

appropriated to carry out subpart 2 of part B of title VII, Alaska Native Education, such sums as may be necessary for fiscal 

year 2014 and each of the 5 succeeding fiscal years. 

(bb) IMPACT AID.—For the purposes of carrying out title VIII, 

Impact Aid, there are authorized to be appropriated such sums as 

may be necessary for fiscal year 2014 and each of the 4 succeeding 

fiscal years, in accordance with the following: 

(1) PAYMENTS FOR FEDERAL ACQUISITION OF REAL PROPERTY.—For the purpose of making payments under section 

8002, there are authorized to be appropriated such sums as 

may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. 

(2) BASIC PAYMENTS; PAYMENTS FOR HEAVILY IMPACTED

LOCAL EDUCATIONAL AGENCIES.—For the purpose of making 

payments under section 8003(b), there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 

and each of the 4 succeeding fiscal years. 

(3) PAYMENTS FOR CHILDREN WITH DISABILITIES.—For the 

purpose of making payments under section 8003(d), there are 

authorized to be appropriated such sums as may be necessary 

for fiscal year 2014 and each of the 4 succeeding fiscal years. 

(4) CONSTRUCTION.—For the purpose of carrying out section 

8007, there are authorized to be appropriated such sums as 

may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. 

(5) FACILITIES MAINTENANCE.—For the purpose of carrying 

out section 8008, there are authorized to be appropriated such 

sums as may be necessary for fiscal year 2014 and each of the 

4 succeeding fiscal years. 

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TITLE I—COLLEGE AND CAREER 

READINESS FOR ALL STUDENTS 

øSEC. 1001. ø20 U.S.C. 6301¿ STATEMENT OF PURPOSE. 

øThe purpose of this title is to ensure that all children have 

a fair, equal, and significant opportunity to obtain a high-quality 

education and reach, at a minimum, proficiency on challenging 

State academic achievement standards and state academic assessments. This purpose can be accomplished by— 

ø(1) ensuring that high-quality academic assessments, accountability systems, teacher preparation and training, curriculum, and instructional materials are aligned with challenging State academic standards so that students, teachers, 

parents, and administrators can measure progress against 

common expectations for student academic achievement; 

ø(2) meeting the educational needs of low-achieving children in our Nation’s highest-poverty schools, limited English 

proficient children, migratory children, children with disabilities, Indian children, neglected or delinquent children, and 

young children in need of reading assistance; 

ø(3) closing the achievement gap between high- and lowperforming children, especially the achievement gaps between 

minority and nonminority students, and between disadvantaged children and their more advantaged peers; 

ø(4) holding schools, local educational agencies, and States 

accountable for improving the academic achievement of all students, and identifying and turning around low-performing 

schools that have failed to provide a high-quality education to 

their students, while providing alternatives to students in such 

schools to enable the students to receive a high-quality education; 

ø(5) distributing and targeting resources sufficiently to 

make a difference to local educational agencies and schools 

where needs are greatest; 

ø(6) improving and strengthening accountability, teaching, 

and learning by using State assessment systems designed to 

ensure that students are meeting challenging State academic 

achievement and content standards and increasing achievement overall, but especially for the disadvantaged; 

ø(7) providing greater decisionmaking authority and flexibility to schools and teachers in exchange for greater responsibility for student performance; 

ø(8) providing children an enriched and accelerated educational program, including the use of schoolwide programs or 

additional services that increase the amount and quality of instructional time; 

ø(9) promoting schoolwide reform and ensuring the access 

of children to effective, scientifically based instructional strategies and challenging academic content; 

ø(10) significantly elevating the quality of instruction by 

providing staff in participating schools with substantial opportunities for professional development; 

ø(11) coordinating services under all parts of this title with 

each other, with other educational services, and, to the extent 

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feasible, with other agencies providing services to youth, children, and families; and 

ø(12) affording parents substantial and meaningful opportunities to participate in the education of their children.¿ 

SEC. 1001. PURPOSE. 

The purpose of this title is to ensure every child has a fair, 

equal, and significant opportunity to obtain a high-quality education and graduate from high school ready for college, career, and 

citizenship. This purpose can be accomplished by— 

(1) setting high expectations for children to develop deep 

content knowledge and the ability to use knowledge to think 

critically, solve problems, communicate effectively, and collaborate with others, in order to graduate, from high school, college 

and career ready; 

(2) supporting high-quality teaching to continuously improve instruction and encourage new models of teaching and 

learning; 

(3) focusing on increasing student achievement and closing 

achievement gaps; 

(4) providing additional resources and supports to meet the 

needs of disadvantaged students, including children from lowincome families and those attending high-poverty schools, 

English learners, migratory children, children with disabilities, 

Indian children, and neglected or delinquent children; 

(5) providing young children with greater access to highquality early learning experiences to ensure they enter school 

ready to learn; 

(6) removing barriers to, and encouraging State and local 

innovation and leadership in, education based on the evaluation of success and continuous improvement; 

(7) removing barriers and promoting integration across all 

levels of education, and across Federal education programs; 

(8) streamlining Federal requirements to reduce burdens on 

States, local educational agencies, schools, and educators; and 

(9) strengthening parental engagement and coordination of 

student, family, and community supports to promote student 

success. 

øSEC. 1002. ø20 U.S.C. 6302¿ AUTHORIZATION OF APPROPRIATIONS. 

ø(a) LOCAL EDUCATIONAL AGENCY GRANTS.—For the purpose of 

carrying out part A, there are authorized to be appropriated— 

ø(1) $13,500,000,000 for fiscal year 2002; 

ø(2) $16,000,000,000 for fiscal year 2003; 

ø(3) $18,500,000,000 for fiscal year 2004; 

ø(4) $20,500,000,000 for fiscal year 2005; 

ø(5) $22,750,000,000 for fiscal year 2006; and 

ø(6) $25,000,000,000 for fiscal year 2007. 

ø(b) READING FIRST.— 

ø(1) READING FIRST.—For the purpose of carrying out subpart 1 of part B, there are authorized to be appropriated 

$900,000,000 for fiscal year 2002 and such sums as may be 

necessary for each of the 5 succeeding fiscal years. 

ø(2) EARLY READING FIRST.—For the purpose of carrying 

out subpart 2 of part B, there are authorized to be appromstockstill on DSK4VPTVN1PROD with HEARINGS

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priated $75,000,000 for fiscal year 2002 and such sums as may 

be necessary for each of the 5 succeeding fiscal years. 

ø(3) EVEN START.—For the purpose of carrying out subpart 

3 of part B, there are authorized to be appropriated 

$260,000,000 for fiscal year 2002 and such sums as may be 

necessary for each of the 5 succeeding fiscal years. 

ø(4) IMPROVING LITERACY THROUGH SCHOOL LIBRARIES.— 

For the purpose of carrying out subpart 4 of part B, there are 

authorized to be appropriated $250,000,000 for fiscal year 2002 

and such sums as may be necessary for each of the 5 succeeding fiscal years. 

ø(c) EDUCATION OF MIGRATORY CHILDREN.—For the purpose of 

carrying out part C, there are authorized to be appropriated 

$410,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. 

ø(d) PREVENTION AND INTERVENTION PROGRAMS FOR YOUTH

WHO ARE NEGLECTED, DELINQUENT, OR AT RISK.—For the purpose 

of carrying out part D, there are authorized to be appropriated 

$50,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. 

ø(e) FEDERAL ACTIVITIES.— 

ø(1) SECTIONS 1501 AND 1502.—For the purpose of carrying 

out sections 1501 and 1502, there are authorized to be appropriated such sums as may be necessary for fiscal year 2002 

and each of the 5 succeeding fiscal years. 

ø(2) SECTION 1504.— 

ø(A) IN GENERAL.—For the purpose of carrying out section 1504, there are authorized to be appropriated such 

sums as may be necessary for fiscal year 2002 and for each 

of the 5 succeeding fiscal years. 

ø(B) SPECIAL RULE.—Of the funds appropriated pursuant to subparagraph (A), not more than 30 percent may be 

used for teachers associated with students participating in 

the programs described in subsections (a)(1), (b)(1), and 

(c)(1). 

ø(f) COMPREHENSIVE SCHOOL REFORM.—For the purpose of carrying out part F, there are authorized to be appropriated such 

sums as may be necessary for fiscal year 2002 and each of the 5 

succeeding fiscal years. 

ø(g) ADVANCED PLACEMENT.—For the purposes of carrying out 

part G, there are authorized to be appropriated such sums for fiscal 

year 2002 and each 5 succeeding fiscal year. 

ø(h) SCHOOL DROPOUT PREVENTION.—For the purpose of carrying out part H, there are authorized to be appropriated 

$125,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years, of which— 

ø(1) up to 10 percent shall be available to carry out subpart 1 of part H for each fiscal year; and 

ø(2) the remainder shall be available to carry out subpart 

2 of part H for each fiscal year. 

ø(i) SCHOOL IMPROVEMENT.—For the purpose of carrying out 

section 1003(g), there are authorized to be appropriated 

$500,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. 

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øSEC. 1003. ø20 U.S.C. 6303¿ SCHOOL IMPROVEMENT. 

ø(a) STATE RESERVATIONS.—Each State shall reserve 2 percent 

of the amount the State receives under subpart 2 of part A for fiscal years 2002 and 2003, and 4 percent of the amount received 

under such subpart for fiscal years 2004 through 2007, to carry out 

subsection (b) and to carry out the State’s responsibilities under 

sections 1116 and 1117, including carrying out the State educational agency’s statewide system of technical assistance and support for local educational agencies. 

ø(b) USES.—Of the amount reserved under subsection (a) for 

any fiscal year, the State educational agency— 

ø(1) shall allocate not less than 95 percent of that amount 

directly to local educational agencies for schools identified for 

school improvement, corrective action, and restructuring, for 

activities under section 1116(b); or 

ø(2) may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams or 

educational service agencies. 

ø(c) PRIORITY.—The State educational agency, in allocating 

funds to local educational agencies under this section, shall give 

priority to local educational agencies that— 

ø(1) serve the lowest-achieving schools; 

ø(2) demonstrate the greatest need for such funds; and 

ø(3) demonstrate the strongest commitment to ensuring 

that such funds are used to enable the lowest-achieving schools 

to meet the progress goals in school improvement plans under 

section 1116 (b)(3)(A)(v). 

ø(d) UNUSED FUNDS.—If, after consultation with local educational agencies in the State, the State educational agency determines that the amount of funds reserved to carry out subsection (b) 

is greater than the amount needed to provide the assistance described in that subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance 

with— 

ø(1) the relative allocations the State educational agency 

made to those agencies for that fiscal year under subpart 2 of 

part A; or 

ø(2) section 1126(c). 

ø(e) SPECIAL RULE.—Notwithstanding any other provision of 

this section, the amount of funds reserved by the State educational 

agency under subsection (a) in any fiscal year shall not decrease 

the amount of funds each local educational agency receives under 

subpart 2 below the amount received by such local educational 

agency under such subpart for the preceding fiscal year. 

ø(f) REPORTING.—The State educational agency shall make 

publicly available a list of those schools that have received funds 

or services pursuant to subsection (b) and the percentage of students from each school from families with incomes below the poverty line. 

ø(g) ASSISTANCE FOR LOCAL SCHOOL IMPROVEMENT.— 

ø(1) PROGRAM AUTHORIZED.—The Secretary shall award 

grants to States to enable the States to provide subgrants to 

local educational agencies for the purpose of providing assistance for school improvement consistent with section 1116. 

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ø(2) STATE ALLOTMENTS.—Such grants shall be allotted 

among States, the Bureau of Indian Affairs, and the outlying 

areas, in proportion to the funds received by the States, the 

Bureau of Indian Affairs, and the outlying areas, respectively, 

for the fiscal year under parts A, C, and D of this title. The 

Secretary shall expeditiously allot a portion of such funds to 

States for the purpose of assisting local educational agencies 

and schools that were in school improvement status on the 

date preceding the date of enactment of the No Child Left Behind Act of 2001. 

ø(3) REALLOCATIONS.—If a State does not receive funds 

under this subsection, the Secretary shall reallocate such funds 

to other States in the same proportion funds are allocated 

under paragraph (2). 

ø(4) STATE APPLICATIONS.—Each State educational agency 

that desires to receive funds under this subsection shall submit 

an application to the Secretary at such time, and containing 

such information, as the Secretary shall reasonably require, except that such requirement shall be waived if a State educational agency submitted such information as part of its State 

plan under this part. Each State application shall describe how 

the State educational agency will allocate such funds in order 

to assist the State educational agency and local educational 

agencies in complying with school improvement, corrective action, and restructuring requirements of section 1116. 

ø(5) LOCAL EDUCATIONAL AGENCY GRANTS.—A grant to a 

local educational agency under this subsection shall be— 

ø(A) of sufficient size and scope to support the activities required under sections 1116 and 1117, but not less 

than $50,000 and not more than $500,000 for each participating school; 

ø(B) integrated with other funds awarded by the State 

under this Act; and 

ø(C) renewable for two additional 1-year periods if 

schools are meeting the goals in their school improvement 

plans developed under section 1116. 

ø(6) PRIORITY.—The State, in awarding such grants, shall 

give priority to local educational agencies with the lowestachieving schools that demonstrate— 

ø(A) the greatest need for such funds; and 

ø(B) the strongest commitment to ensuring that such 

funds are used to provide adequate resources to enable the 

lowest-achieving schools to meet the goals under school 

and local educational agency improvement, corrective action, and restructuring plans under section 1116. 

ø(7) ALLOCATION.—A State educational agency that receives a grant under this subsection shall allocate at least 95 

percent of the grant funds directly to local educational agencies 

for schools identified for school improvement, corrective action, 

or restructuring to carry out activities under section 1116(b), 

or may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision 

through other entities such as school support teams or educational service agencies. 

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ø(8) ADMINISTRATIVE COSTS.—A State educational agency 

that receives a grant award under this subsection may reserve 

not more than 5 percent of such grant funds for administration, evaluation, and technical assistance expenses. 

ø(9) LOCAL AWARDS.—Each local educational agency that 

applies for assistance under this subsection shall describe how 

it will provide the lowest-achieving schools the resources necessary to meet goals under school and local educational agency 

improvement, corrective action, and restructuring plans under 

section 1116.¿ 

øSEC. 1004¿SEC. 1002. STATE ADMINISTRATION AND STATE ACCOUNTABILITY AND SUPPORT. 

(a) øIN GENERAL.—Except as provided in subsection (b)¿STATE

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

carry out administrative duties assigned under parts A, C, and 

D of this title, each State may reserve the greater of— 

ø(1)¿(A) 1 percent of the amounts received under such 

parts; or 

ø(2)¿(B) $400,000 ($50,000 in the case of each outlying 

area). 

ø(b)¿(2) EXCEPTION.—If the sum of the amounts appropriated for parts A, C, and D of this title is equal to or greater 

than $14,000,000,000, then the reservation described in øsubsection (a)(1)¿paragraph (1)(A) shall not exceed 1 percent of the amount the State would receive, if $14,000,000,000 were 

allocated among the States for parts A, C, and D of this title. 

(b) ACCOUNTABILITY AND SUPPORT.— (1) IN GENERAL.—Each State may reserve not more than 6 

percent of the amount the State receives under subpart 2 of part 

A to carry out paragraph (2) and to carry out the State and 

local educational agency responsibilities under section 1116, 

which may include carrying out a statewide system of technical 

assistance and support for local educational agencies and identifying and disseminating evidence-based practices. 

(2) USES.— 

(A) IN GENERAL.—Of the amount reserved under paragraph (1) for any fiscal year, the State educational agency 

shall use not less than 90 percent of that amount by allocating such sums directly to local educational agencies for 

activities required under section 1116. 

(B) OPTION.—Notwithstanding subparagraph (A), the 

State educational agency may, with the approval of the 

local educational agency, directly provide for the activities 

required under section 1116 or arrange for their provision 

through other entities such as educational service agencies 

and external providers with expertise in using strategies 

based on scientifically valid research to improve teaching, 

learning, and schools. 

(3) PRIORITY.—The State educational agency, in allocating 

funds to local educational agencies under this subsection, shall 

give priority to local educational agencies that— 

(A) serve the lowest-performing schools, including 

schools identified as focus schools or priority schools under 

subsection (c) or (d) of section 1116; 

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(B) demonstrate the greatest need for such funds; and 

(C) demonstrate the strongest commitment to use the 

funds to enable the lowest-achieving schools to improve student achievement and outcomes through the use of evidence-based practices that are consistent with the evidence 

standards described in section 5203(e). 

(4) UNUSED FUNDS.—If, after consultation with local educational agencies, the State educational agency determines the 

amount of funds reserved to carry out this subsection is greater 

than the amount needed to provide the assistance described in 

this subsection, the State educational agency shall allocate the 

excess amount to local educational agencies in accordance 

with— 

(A) the relative allocations the State educational agency made to those agencies for that fiscal year under subpart 

2 of part A; or 

(B) section 1126(c). 

(5) SPECIAL RULE.—Notwithstanding any other provision of 

this subsection, the amount of funds reserved by the State educational agency under this subsection in any fiscal year shall 

not decrease the amount of funds each local educational agency 

receives under subpart 2 of part A below the amount received 

by such local educational agency under such subpart for the 

preceding fiscal year. 

(6) REPORTING.—Each State educational agency shall make 

publicly available a list of those schools that have received 

funds or services pursuant to this subsection and the percentage 

of students from each such school from families with incomes 

below the poverty line. 

PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES 

Subpart 1—Basic Program Requirements 

øSEC. 1111. ø20 U.S.C. 6311¿ STATE PLANS. 

ø(a) PLANS REQUIRED.— 

ø(1) IN GENERAL.—For any State desiring to receive a 

grant under this part, the State educational agency shall submit to the Secretary a plan, developed by the State educational 

agency, in consultation with local educational agencies, teachers, principals, pupil services personnel, administrators (including administrators of programs described in other parts of 

this title), other staff, and parents, that satisfies the requirements of this section and that is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Head Start Act, the Adult Education 

and Family Literacy Act, and the McKinney-Vento Homeless 

Assistance Act. 

ø(2) CONSOLIDATED PLAN.—A State plan submitted under 

paragraph (1) may be submitted as part of a consolidated plan 

under section 9302. 

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ø(b) ACADEMIC STANDARDS, ACADEMIC ASSESSMENTS, AND AC- COUNTABILITY.— ø(1) CHALLENGING ACADEMIC STANDARDS.— ø(A) IN GENERAL.—Each State plan shall demonstrate 

that the State has adopted challenging academic content 

standards and challenging student academic achievement 

standards that will be used by the State, its local educational agencies, and its schools to carry out this part, except that a State shall not be required to submit such 

standards to the Secretary. 

ø(B) SAME STANDARDS.—The academic standards required by subparagraph (A) shall be the same academic 

standards that the State applies to all schools and children 

in the State. 

ø(C) SUBJECTS.—The State shall have such academic 

standards for all public elementary school and secondary 

school children, including children served under this part, 

in subjects determined by the State, but including at least 

mathematics, reading or language arts, and (beginning in 

the 2005–2006 school year) science, which shall include the 

same knowledge, skills, and levels of achievement expected 

of all children. 

ø(D) CHALLENGING ACADEMIC STANDARDS.—Standards 

under this paragraph shall include— 

ø(i) challenging academic content standards in 

academic subjects that— 

ø(I) specify what children are expected to 

know and be able to do; 

ø(II) contain coherent and rigorous content; 

and 

ø(III) encourage the teaching of advanced 

skills; and 

ø(ii) challenging student academic achievement 

standards that— 

ø(I) are aligned with the State’s academic content standards; 

ø(II) describe two levels of high achievement 

(proficient and advanced) that determine how well 

children are mastering the material in the State 

academic content standards; and 

ø(III) describe a third level of achievement 

(basic) to provide complete information about the 

progress of the lower-achieving children toward 

mastering the proficient and advanced levels of 

achievement. 

ø(E) INFORMATION.—For the subjects in which students will be served under this part, but for which a State 

is not required by subparagraphs (A), (B), and (C) to develop, and has not otherwise developed, such academic 

standards, the State plan shall describe a strategy for ensuring that students are taught the same knowledge and 

skills in such subjects and held to the same expectations 

as are all children. 

ø(F) EXISTING STANDARDS.—Nothing in this part shall 

prohibit a State from revising, consistent with this section, 

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any standard adopted under this part before or after the 

date of enactment of the No Child Left Behind Act of 2001. 

ø(2) ACCOUNTABILITY.— 

ø(A) IN GENERAL.—Each State plan shall demonstrate 

that the State has developed and is implementing a single, 

statewide State accountability system that will be effective 

in ensuring that all local educational agencies, public elementary schools, and public secondary schools make adequate yearly progress as defined under this paragraph. 

Each State accountability system shall— 

ø(i) be based on the academic standards and academic assessments adopted under paragraphs (1) and 

(3), and other academic indicators consistent with subparagraph (C)(vi) and (vii), and shall take into account 

the achievement of all public elementary school and 

secondary school students; 

ø(ii) be the same accountability system the State 

uses for all public elementary schools and secondary 

schools or all local educational agencies in the State, 

except that public elementary schools, secondary 

schools, and local educational agencies not participating under this part are not subject to the requirements of section 1116; and 

ø(iii) include sanctions and rewards, such as bonuses and recognition, the State will use to hold local 

educational agencies and public elementary schools 

and secondary schools accountable for student achievement and for ensuring that they make adequate yearly 

progress in accordance with the State’s definition 

under subparagraphs (B) and (C). 

ø(B) ADEQUATE YEARLY PROGRESS.—Each State plan 

shall demonstrate, based on academic assessments described in paragraph (3), and in accordance with this paragraph, what constitutes adequate yearly progress of the 

State, and of all public elementary schools, secondary 

schools, and local educational agencies in the State, toward 

enabling all public elementary school and secondary school 

students to meet the State’s student academic achievement 

standards, while working toward the goal of narrowing the 

achievement gaps in the State, local educational agencies, 

and schools. 

ø(C) DEFINITION.—‘‘Adequate yearly progress’’ shall be 

defined by the State in a manner that— 

ø(i) applies the same high standards of academic 

achievement to all public elementary school and secondary school students in the State; 

ø(ii) is statistically valid and reliable; 

ø(iii) results in continuous and substantial academic improvement for all students; 

ø(iv) measures the progress of public elementary 

schools, secondary schools and local educational agencies and the State based primarily on the academic assessments described in paragraph (3); 

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ø(v) includes separate measurable annual objectives for continuous and substantial improvement for 

each of the following: 

ø(I) The achievement of all public elementary 

school and secondary school students. 

ø(II) The achievement of— 

ø(aa) economically disadvantaged students; 

ø(bb) students from major racial and ethnic groups; 

ø(cc) students with disabilities; and 

ø(dd) students with limited English proficiency; 

except that disaggregation of data under subclause (II) shall not be required in a case in which 

the number of students in a category is insufficient to yield statistically reliable information or 

the results would reveal personally identifiable information about an individual student; 

ø(vi) in accordance with subparagraph (D), includes graduation rates for public secondary school 

students (defined as the percentage of students who 

graduate from secondary school with a regular diploma in the standard number of years) and at least 

one other academic indicator, as determined by the 

State for all public elementary school students; and 

ø(vii) in accordance with subparagraph (D), at the 

State’s discretion, may also include other academic indicators, as determined by the State for all public 

school students, measured separately for each group 

described in clause (v), such as achievement on additional State or locally administered assessments, decreases in grade-to-grade retention rates, attendance 

rates, and changes in the percentages of students completing gifted and talented, advanced placement, and 

college preparatory courses. 

ø(D) REQUIREMENTS FOR OTHER INDICATORS.—In carrying out subparagraph (C)(vi) and (vii), the State— 

ø(i) shall ensure that the indicators described in 

those provisions are valid and reliable, and are consistent with relevant, nationally recognized professional and technical standards, if any; and 

ø(ii) except as provided in subparagraph (I)(i), 

may not use those indicators to reduce the number of, 

or change, the schools that would otherwise be subject 

to school improvement, corrective action, or restructuring under section 1116 if those additional indicators were not used, but may use them to identify additional schools for school improvement or in need of 

corrective action or restructuring. 

ø(E) STARTING POINT.—Each State, using data for the 

2001–2002 school year, shall establish the starting point 

for measuring, under subparagraphs (G) and (H), the percentage of students meeting or exceeding the State’s proficient level of academic achievement on the State assessmstockstill on DSK4VPTVN1PROD with HEARINGS

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ments under paragraph (3) and pursuant to the timeline 

described in subparagraph (F). The starting point shall be, 

at a minimum, based on the higher of the percentage of 

students at the proficient level who are in— 

ø(i) the State’s lowest achieving group of students 

described in subparagraph (C)(v)(II); or 

ø(ii) the school at the 20th percentile in the State, 

based on enrollment, among all schools ranked by the 

percentage of students at the proficient level. 

ø(F) TIMELINE.—Each State shall establish a timeline 

for adequate yearly progress. The timeline shall ensure 

that not later than 12 years after the end of the 2001–2002 

school year, all students in each group described in subparagraph (C)(v) will meet or exceed the State’s proficient 

level of academic achievement on the State assessments 

under paragraph (3). 

ø(G) MEASURABLE OBJECTIVES.—Each State shall establish statewide annual measurable objectives, pursuant 

to subparagraph (C)(v), for meeting the requirements of 

this paragraph, and which— 

ø(i) shall be set separately for the assessments of 

mathematics and reading or language arts under subsection (a)(3); 

ø(ii) shall be the same for all schools and local 

educational agencies in the State; 

ø(iii) shall identify a single minimum percentage 

of students who are required to meet or exceed the 

proficient level on the academic assessments that applies separately to each group of students described in 

subparagraph (C)(v); 

ø(iv) shall ensure that all students will meet or 

exceed the State’s proficient level of academic achievement on the State assessments within the State’s 

timeline under subparagraph (F); and 

ø(v) may be the same for more than 1 year, subject to the requirements of subparagraph (H). 

ø(H) INTERMEDIATE GOALS FOR ANNUAL YEARLY

PROGRESS.—Each State shall establish intermediate goals 

for meeting the requirements, including the measurable 

objectives in subparagraph (G), of this paragraph and that 

shall— 

ø(i) increase in equal increments over the period 

covered by the State’s timeline under subparagraph 

(F); 

ø(ii) provide for the first increase to occur in not 

more than 2 years; and 

ø(iii) provide for each following increase to occur 

in not more than 3 years. 

ø(I) ANNUAL IMPROVEMENT FOR SCHOOLS.—Each year, 

for a school to make adequate yearly progress under this 

paragraph— 

ø(i) each group of students described in subparagraph (C)(v) must meet or exceed the objectives set by 

the State under subparagraph (G), except that if any 

group described in subparagraph (C)(v) does not meet 

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those objectives in any particular year, the school shall 

be considered to have made adequate yearly progress 

if the percentage of students in that group who did not 

meet or exceed the proficient level of academic 

achievement on the State assessments under paragraph (3) for that year decreased by 10 percent of that 

percentage from the preceding school year and that 

group made progress on one or more of the academic 

indicators described in subparagraph (C)(vi) or (vii); 

and 

ø(ii) not less than 95 percent of each group of students described in subparagraph (C)(v) who are enrolled in the school are required to take the assessments, consistent with paragraph (3)(C)(xi) and with 

accommodations, guidelines, and alternative assessments provided in the same manner as those provided 

under section 612(a)(16)(A) of the Individuals with 

Disabilities Education Act and paragraph (3), on 

which adequate yearly progress is based (except that 

the 95 percent requirement described in this clause 

shall not apply in a case in which the number of students in a category is insufficient to yield statistically 

reliable information or the results would reveal personally identifiable information about an individual 

student). 

ø(J) UNIFORM AVERAGING PROCEDURE.—For the purpose of determining whether schools are making adequate 

yearly progress, the State may establish a uniform procedure for averaging data which includes one or more of the 

following: 

ø(i) The State may average data from the school 

year for which the determination is made with data 

from one or two school years immediately preceding 

that school year. 

ø(ii) Until the assessments described in paragraph 

(3) are administered in such manner and time to allow 

for the implementation of the uniform procedure for 

averaging data described in clause (i), the State may 

use the academic assessments that were required 

under paragraph (3) as that paragraph was in effect 

on the day preceding the date of enactment of the No 

Child Left Behind Act of 2001, provided that nothing 

in this clause shall be construed to undermine or delay 

the determination of adequate yearly progress, the requirements of section 1116, or the implementation of 

assessments under this section. 

ø(iii) The State may use data across grades in a 

school. 

ø(K) ACCOUNTABILITY FOR CHARTER SCHOOLS.—The accountability provisions under this Act shall be overseen for 

charter schools in accordance with State charter school 

law. 

ø(3) ACADEMIC ASSESSMENTS.— 

ø(A) IN GENERAL.—Each State plan shall demonstrate 

that the State educational agency, in consultation with 

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local educational agencies, has implemented a set of highquality, yearly student academic assessments that include, 

at a minimum, academic assessments in mathematics, 

reading or language arts, and science that will be used as 

the primary means of determining the yearly performance 

of the State and of each local educational agency and 

school in the State in enabling all children to meet the 

State’s challenging student academic achievement standards, except that no State shall be required to meet the requirements of this part relating to science assessments 

until the beginning of the 2007–2008 school year. 

ø(B) USE OF ASSESSMENTS.—Each State educational 

agency may incorporate the data from the assessments 

under this paragraph into a State-developed longitudinal 

data system that links student test scores, length of enrollment, and graduation records over time. 

ø(C) REQUIREMENTS.—Such assessments shall— 

ø(i) be the same academic assessments used to 

measure the achievement of all children; 

ø(ii) be aligned with the State’s challenging academic content and student academic achievement 

standards, and provide coherent information about 

student attainment of such standards; 

ø(iii) be used for purposes for which such assessments are valid and reliable, and be consistent with 

relevant, nationally recognized professional and technical standards; 

ø(iv) be used only if the State educational agency 

provides to the Secretary evidence from the test publisher or other relevant sources that the assessments 

used are of adequate technical quality for each purpose required under this Act and are consistent with 

the requirements of this section, and such evidence is 

made public by the Secretary upon request; 

ø(v)(I) except as otherwise provided for grades 3 

through 8 under clause vii, measure the proficiency of 

students in, at a minimum, mathematics and reading 

or language arts, and be administered not less than 

once during— 

ø(aa) grades 3 through 5; 

ø(bb) grades 6 through 9; and 

ø(cc) grades 10 through 12; 

ø(II) beginning not later than school year 2007– 

2008, measure the proficiency of all students in 

science and be administered not less than one time 

during— 

ø(aa) grades 3 through 5; 

ø(bb) grades 6 through 9; and 

ø(cc) grades 10 through 12; 

ø(vi) involve multiple up-to-date measures of student academic achievement, including measures that 

assess higher-order thinking skills and understanding; 

ø(vii) beginning not later than school year 2005– 

2006, measure the achievement of students against 

the challenging State academic content and student 

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academic achievement standards in each of grades 3 

through 8 in, at a minimum, mathematics, and reading or language arts, except that the Secretary may 

provide the State 1 additional year if the State demonstrates that exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources 

of the State, prevented full implementation of the academic assessments by that deadline and that the State 

will complete implementation within the additional 1- 

year period; 

ø(viii) at the discretion of the State, measure the 

proficiency of students in academic subjects not described in clauses (v), (vi), (vii) in which the State has 

adopted challenging academic content and academic 

achievement standards; 

ø(ix) provide for— 

ø(I) the participation in such assessments of 

all students; 

ø(II) the reasonable adaptations and accommodations for students with disabilities (as defined under section 602(3) of the Individuals with 

Disabilities Education Act) necessary to measure 

the academic achievement of such students relative to State academic content and State student 

academic achievement standards; and 

ø(III) the inclusion of limited English proficient students, who shall be assessed in a valid 

and reliable manner and provided reasonable accommodations on assessments administered to 

such students under this paragraph, including, to 

the extent practicable, assessments in the language and form most likely to yield accurate data 

on what such students know and can do in academic content areas, until such students have 

achieved English language proficiency as determined under paragraph (7); 

ø(x) notwithstanding subclause (III), the academic 

assessment (using tests written in English) of reading 

or language arts of any student who has attended 

school in the United States (not including Puerto Rico) 

for three or more consecutive school years, except that 

if the local educational agency determines, on a caseby-case individual basis, that academic assessments in 

another language or form would likely yield more accurate and reliable information on what such student 

knows and can do, the local educational agency may 

make a determination to assess such student in the 

appropriate language other than English for a period 

that does not exceed two additional consecutive years, 

provided that such student has not yet reached a level 

of English language proficiency sufficient to yield valid 

and reliable information on what such student knows 

and can do on tests (written in English) of reading or 

language arts; 

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ø(xi) include students who have attended schools 

in a local educational agency for a full academic year 

but have not attended a single school for a full academic year, except that the performance of students 

who have attended more than 1 school in the local 

educational agency in any academic year shall be used 

only in determining the progress of the local educational agency; 

ø(xii) produce individual student interpretive, descriptive, and diagnostic reports, consistent with 

clause (iii) that allow parents, teachers, and principals 

to understand and address the specific academic needs 

of students, and include information regarding 

achievement on academic assessments aligned with 

State academic achievement standards, and that are 

provided to parents, teachers, and principals, as soon 

as is practicably possible after the assessment is 

given, in an understandable and uniform format, and 

to the extent practicable, in a language that parents 

can understand; 

ø(xiii) enable results to be disaggregated within 

each State, local educational agency, and school by 

gender, by each major racial and ethnic group, by 

English proficiency status, by migrant status, by students with disabilities as compared to nondisabled students, and by economically disadvantaged students as 

compared to students who are not economically disadvantaged, except that, in the case of a local educational agency or a school, such disaggregation shall 

not be required in a case in which the number of students in a category is insufficient to yield statistically 

reliable information or the results would reveal personally identifiable information about an individual 

student; 

ø(xiv) be consistent with widely accepted professional testing standards, objectively measure academic 

achievement, knowledge, and skills, and be tests that 

do not evaluate or assess personal or family beliefs 

and attitudes, or publicly disclose personally identifiable information; and 

ø(xv) enable itemized score analyses to be produced and reported, consistent with clause (iii), to 

local educational agencies and schools, so that parents, 

teachers, principals, and administrators can interpret 

and address the specific academic needs of students as 

indicated by the students’ achievement on assessment 

items. 

ø(D) DEFERRAL.—A State may defer the commencement, or suspend the administration, but not cease the development, of the assessments described in this paragraph, 

that were not required prior to the date of enactment of 

the No Child Left Behind Act of 2001, for 1 year for each 

year for which the amount appropriated for grants under 

section 6113(a)(2) is less than— 

ø(i) $370,000,000 for fiscal year 2002; 

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ø(ii) $380,000,000 for fiscal year 2003; 

ø(iii) $390,000,000 for fiscal year 2004; and 

ø(iv) $400,000,000 for fiscal years 2005 through 

2007. 

ø(4) SPECIAL RULE.—Academic assessment measures in addition to those in paragraph (3) that do not meet the requirements of such paragraph may be included in the assessment 

under paragraph (3) as additional measures, but may not be 

used in lieu of the academic assessments required under paragraph (3). Such additional assessment measures may not be 

used to reduce the number of or change, the schools that would 

otherwise be subject to school improvement, corrective action, 

or restructuring under section 1116 if such additional indicators were not used, but may be used to identify additional 

schools for school improvement or in need of corrective action 

or restructuring except as provided in paragraph (2)(I)(i). 

ø(5) STATE AUTHORITY.—If a State educational agency provides evidence, which is satisfactory to the Secretary, that neither the State educational agency nor any other State government official, agency, or entity has sufficient authority, under 

State law, to adopt curriculum content and student academic 

achievement standards, and academic assessments aligned 

with such academic standards, which will be applicable to all 

students enrolled in the State’s public elementary schools and 

secondary schools, then the State educational agency may meet 

the requirements of this subsection by— 

ø(A) adopting academic standards and academic assessments that meet the requirements of this subsection, 

on a statewide basis, and limiting their applicability to 

students served under this part; or 

ø(B) adopting and implementing policies that ensure 

that each local educational agency in the State that receives grants under this part will adopt curriculum content 

and student academic achievement standards, and academic assessments aligned with such standards, which— 

ø(i) meet all of the criteria in this subsection and 

any regulations regarding such standards and assessments that the Secretary may publish; and 

ø(ii) are applicable to all students served by each 

such local educational agency. 

ø(6) LANGUAGE ASSESSMENTS.—Each State plan shall identify the languages other than English that are present in the 

participating student population and indicate the languages for 

which yearly student academic assessments are not available 

and are needed. The State shall make every effort to develop 

such assessments and may request assistance from the Secretary if linguistically accessible academic assessment measures are needed. Upon request, the Secretary shall assist with 

the identification of appropriate academic assessment measures in the needed languages, but shall not mandate a specific 

academic assessment or mode of instruction. 

ø(7) ACADEMIC ASSESSMENTS OF ENGLISH LANGUAGE PRO- FICIENCY.—Each State plan shall demonstrate that local educational agencies in the State will, beginning not later than 

school year 2002–2003, provide for an annual assessment of 

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English proficiency (measuring students’ oral language, reading, and writing skills in English) of all students with limited 

English proficiency in the schools served by the State educational agency, except that the Secretary may provide the 

State 1 additional year if the State demonstrates that exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial 

resources of the State, prevented full implementation of this 

paragraph by that deadline and that the State will complete 

implementation within the additional 1-year period. 

ø(8) REQUIREMENT.—Each State plan shall describe— 

ø(A) how the State educational agency will assist each 

local educational agency and school affected by the State 

plan to develop the capacity to comply with each of the requirements of sections 1112(c)(1)(D), 1114(b), and 1115(c) 

that is applicable to such agency or school; 

ø(B) how the State educational agency will assist each 

local educational agency and school affected by the State 

plan to provide additional educational assistance to individual students assessed as needing help to achieve the 

State’s challenging academic achievement standards; 

ø(C) the specific steps the State educational agency 

will take to ensure that both schoolwide programs and targeted assistance schools provide instruction by highly 

qualified instructional staff as required by sections 

1114(b)(1)(C) and 1115(c)(1)(E), including steps that the 

State educational agency will take to ensure that poor and 

minority children are not taught at higher rates than other 

children by inexperienced, unqualified, or out-of-field 

teachers, and the measures that the State educational 

agency will use to evaluate and publicly report the 

progress of the State educational agency with respect to 

such steps; 

ø(D) an assurance that the State educational agency 

will assist local educational agencies in developing or identifying high-quality effective curricula aligned with State 

academic achievement standards and how the State educational agency will disseminate such curricula to each 

local educational agency and school within the State; and 

ø(E) such other factors the State educational agency 

determines appropriate to provide students an opportunity 

to achieve the knowledge and skills described in the challenging academic content standards adopted by the State. 

ø(9) FACTORS AFFECTING STUDENT ACHIEVEMENT.—Each 

State plan shall include an assurance that the State educational agency will coordinate and collaborate, to the extent 

feasible and necessary as determined by the State educational 

agency, with agencies providing services to children, youth, 

and families, with respect to local educational agencies within 

the State that are identified under section 1116 and that request assistance with addressing major factors that have significantly affected the academic achievement of students in the 

local educational agency or schools served by such agency. 

ø(10) USE OF ACADEMIC ASSESSMENT RESULTS TO IMPROVE

STUDENT ACADEMIC ACHIEVEMENT.—Each State plan shall demstockstill on DSK4VPTVN1PROD with HEARINGS

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scribe how the State educational agency will ensure that the 

results of the State assessments described in paragraph (3)— 

ø(A) will be promptly provided to local educational 

agencies, schools, and teachers in a manner that is clear 

and easy to understand, but not later than before the beginning of the next school year; and 

ø(B) be used by those local educational agencies, 

schools, and teachers to improve the educational achievement of individual students. 

ø(c) OTHER PROVISIONS TO SUPPORT TEACHING AND LEARN- ING.—Each State plan shall contain assurances that— 

ø(1) the State educational agency will meet the requirements of subsection (h)(1) and, beginning with the 2002–2003 

school year, will produce the annual State report cards described in such subsection, except that the Secretary may provide the State educational agency 1 additional year if the State 

educational agency demonstrates that exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous 

and unforeseen decline in the financial resources of the State, 

prevented full implementation of this paragraph by that deadline and that the State will complete implementation within 

the additional 1-year period; 

ø(2) the State will, beginning in school year 2002–2003, 

participate in biennial State academic assessments of 4th and 

8th grade reading and mathematics under the National Assessment of Educational Progress carried out under section 

303(b)(2) of the National Assessment of Educational Progress 

Authorization Act if the Secretary pays the costs of administering such assessments; 

ø(3) the State educational agency, in consultation with the 

Governor, will include, as a component of the State plan, a 

plan to carry out the responsibilities of the State under sections 1116 and 1117, including carrying out the State educational agency’s statewide system of technical assistance and 

support for local educational agencies; 

ø(4) the State educational agency will work with other 

agencies, including educational service agencies or other local 

consortia, and institutions to provide technical assistance to 

local educational agencies and schools, including technical assistance in providing professional development under section 

1119, technical assistance under section 1117, and technical 

assistance relating to parental involvement under section 1118; 

ø(5)(A) where educational service agencies exist, the State 

educational agency will consider providing professional development and technical assistance through such agencies; and 

ø(B) where educational service agencies do not exist, the 

State educational agency will consider providing professional 

development and technical assistance through other cooperative agreements such as through a consortium of local educational agencies; 

ø(6) the State educational agency will notify local educational agencies and the public of the content and student 

academic achievement standards and academic assessments 

developed under this section, and of the authority to operate 

schoolwide programs, and will fulfill the State educational 

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agency’s responsibilities regarding local educational agency improvement and school improvement under section 1116, including such corrective actions as are necessary; 

ø(7) the State educational agency will provide the least restrictive and burdensome regulations for local educational 

agencies and individual schools participating in a program assisted under this part; 

ø(8) the State educational agency will inform the Secretary 

and the public of how Federal laws, if at all, hinder the ability 

of States to hold local educational agencies and schools accountable for student academic achievement; 

ø(9) the State educational agency will encourage schools to 

consolidate funds from other Federal, State, and local sources 

for schoolwide reform in schoolwide programs under section 

1114; 

ø(10) the State educational agency will modify or eliminate 

State fiscal and accounting barriers so that schools can easily 

consolidate funds from other Federal, State, and local sources 

for schoolwide programs under section 1114; 

ø(11) the State educational agency has involved the committee of practitioners established under section 1903(b) in developing the plan and monitoring its implementation; 

ø(12) the State educational agency will inform local educational agencies in the State of the local educational agency’s 

authority to transfer funds under title VI, to obtain waivers 

under part D of title IX, and, if the State is an Ed-Flex Partnership State, to obtain waivers under the Education Flexibility Partnership Act of 1999; 

ø(13) the State educational agency will coordinate activities funded under this part with other Federal activities as appropriate; and 

ø(14) the State educational agency will encourage local 

educational agencies and individual schools participating in a 

program assisted under this part to offer family literacy services (using funds under this part), if the agency or school determines that a substantial number of students served under this 

part by the agency or school have parents who do not have a 

secondary school diploma or its recognized equivalent or who 

have low levels of literacy. 

ø(d) PARENTAL INVOLVEMENT.—Each State plan shall describe 

how the State educational agency will support the collection and 

dissemination to local educational agencies and schools of effective 

parental involvement practices. Such practices shall— 

ø(1) be based on the most current research that meets the 

highest professional and technical standards, on effective parental involvement that fosters achievement to high standards 

for all children; and 

ø(2) be geared toward lowering barriers to greater participation by parents in school planning, review, and improvement 

experienced. 

ø(e) PEER REVIEW AND SECRETARIAL APPROVAL.— 

ø(1) SECRETARIAL DUTIES.—The Secretary shall— 

ø(A) establish a peer-review process to assist in the review of State plans; 

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ø(B) appoint individuals to the peer-review process 

who are representative of parents, teachers, State educational agencies, and local educational agencies, and who 

are familiar with educational standards, assessments, accountability, the needs of low-performing schools, and 

other educational needs of students; 

ø(C) approve a State plan within 120 days of its submission unless the Secretary determines that the plan 

does not meet the requirements of this section; 

ø(D) if the Secretary determines that the State plan 

does not meet the requirements of subsection (a), (b), or 

(c), immediately notify the State of such determination and 

the reasons for such determination; 

ø(E) not decline to approve a State’s plan before— 

ø(i) offering the State an opportunity to revise its 

plan; 

ø(ii) providing technical assistance in order to assist the State to meet the requirements of subsections 

(a), (b), and (c); and 

ø(iii) providing a hearing; and 

ø(F) have the authority to disapprove a State plan for 

not meeting the requirements of this part, but shall not 

have the authority to require a State, as a condition of approval of the State plan, to include in, or delete from, such 

plan one or more specific elements of the State’s academic 

content standards or to use specific academic assessment 

instruments or items. 

ø(2) STATE REVISIONS.—A State plan shall be revised by 

the State educational agency if it is necessary to satisfy the requirements of this section. 

ø(f) DURATION OF THE PLAN.— ø(1) IN GENERAL.—Each State plan shall— 

ø(A) remain in effect for the duration of the State’s 

participation under this part; and 

ø(B) be periodically reviewed and revised as necessary 

by the State educational agency to reflect changes in the 

State’s strategies and programs under this part. 

ø(2) ADDITIONAL INFORMATION.—If significant changes are 

made to a State’s plan, such as the adoption of new State academic content standards and State student achievement standards, new academic assessments, or a new definition of adequate yearly progress, such information shall be submitted to 

the Secretary. 

ø(g) PENALTIES.— 

ø(1) FAILURE TO MEET DEADLINES ENACTED IN 1994.— 

ø(A) IN GENERAL.—If a State fails to meet the deadlines established by the Improving America’s Schools Act 

of 1994 (or under any waiver granted by the Secretary or 

under any compliance agreement with the Secretary) for 

demonstrating that the State has in place challenging academic content standards and student achievement standards, and a system for measuring and monitoring adequate 

yearly progress, the Secretary shall withhold 25 percent of 

the funds that would otherwise be available to the State 

for State administration and activities under this part in 

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each year until the Secretary determines that the State 

meets those requirements. 

ø(B) NO EXTENSION.—Notwithstanding any other provision of law, 90 days after the date of enactment of the 

No Child Left Behind Act of 2001 the Secretary shall not 

grant any additional waivers of, or enter into any additional compliance agreements to extend, the deadlines described in subparagraph (A) for any State. 

ø(2) FAILURE TO MEET REQUIREMENTS ENACTED IN 2001.— If a State fails to meet any of the requirements of this section, 

other than the requirements described in paragraph (1), then 

the Secretary may withhold funds for State administration 

under this part until the Secretary determines that the State 

has fulfilled those requirements. 

ø(h) REPORTS.— 

ø(1) ANNUAL STATE REPORT CARD.— 

ø(A) IN GENERAL.—Not later than the beginning of the 

2002–2003 school year, unless the State has received a 1- 

year extension pursuant to subsection (c)(1), a State that 

receives assistance under this part shall prepare and disseminate an annual State report card. 

ø(B) IMPLEMENTATION.—The State report card shall 

be— 

ø(i) concise; and 

ø(ii) presented in an understandable and uniform 

format and, to the extent practicable, provided in a 

language that the parents can understand. 

ø(C) REQUIRED INFORMATION.—The State shall include 

in its annual State report card— 

ø(i) information, in the aggregate, on student 

achievement at each proficiency level on the State academic assessments described in subsection (b)(3) 

(disaggregated by race, ethnicity, gender, disability 

status, migrant status, English proficiency, and status 

as economically disadvantaged, except that such 

disaggregation shall not be required in a case in which 

the number of students in a category is insufficient to 

yield statistically reliable information or the results 

would reveal personally identifiable information about 

an individual student); 

ø(ii) information that provides a comparison between the actual achievement levels of each group of 

students described in subsection (b)(2)(C)(v) and the 

State’s annual measurable objectives for each such 

group of students on each of the academic assessments 

required under this part; 

ø(iii) the percentage of students not tested 

(disaggregated by the same categories and subject to 

the same exception described in clause (i)); 

ø(iv) the most recent 2-year trend in student 

achievement in each subject area, and for each grade 

level, for which assessments under this section are required; 

ø(v) aggregate information on any other indicators 

used by the State to determine the adequate yearly 

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progress of students in achieving State academic 

achievement standards; 

ø(vi) graduation rates for secondary school students consistent with subsection (b)(2)(C)(vi); 

ø(vii) information on the performance of local educational agencies in the State regarding making adequate yearly progress, including the number and 

names of each school identified for school improvement 

under section 1116; and 

ø(viii) the professional qualifications of teachers in 

the State, the percentage of such teachers teaching 

with emergency or provisional credentials, and the 

percentage of classes in the State not taught by highly 

qualified teachers, in the aggregate and disaggregated 

by high-poverty compared to low-poverty schools 

which, for the purpose of this clause, means schools in 

the top quartile of poverty and the bottom quartile of 

poverty in the State. 

ø(D) OPTIONAL INFORMATION.—The State may include 

in its annual State report card such other information as 

the State believes will best provide parents, students, and 

other members of the public with information regarding 

the progress of each of the State’s public elementary 

schools and public secondary schools. Such information 

may include information regarding— 

ø(i) school attendance rates; 

ø(ii) average class size in each grade; 

ø(iii) academic achievement and gains in English 

proficiency of limited English proficient students; 

ø(iv) the incidence of school violence, drug abuse, 

alcohol abuse, student suspensions, and student expulsions; 

ø(v) the extent and type of parental involvement 

in the schools; 

ø(vi) the percentage of students completing advanced placement courses, and the rate of passing of 

advanced placement tests; and 

ø(vii) a clear and concise description of the State’s 

accountability system, including a description of the 

criteria by which the State evaluates school performance, and the criteria that the State has established, 

consistent with subsection (b)(2), to determine the status of schools regarding school improvement, corrective action, and restructuring. 

ø(2) ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS.— 

ø(A) REPORT CARDS.— 

ø(i) IN GENERAL.—Not later than the beginning of 

the 2002–2003 school year, a local educational agency 

that receives assistance under this part shall prepare 

and disseminate an annual local educational agency 

report card, except that the State educational agency 

may provide the local educational agency 1 additional 

year if the local educational agency demonstrates that 

exceptional or uncontrollable circumstances, such as a 

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cline in the financial resources of the local educational 

agency, prevented full implementation of this paragraph by that deadline and that the local educational 

agency will complete implementation within the additional 1-year period. 

ø(ii) SPECIAL RULE.—If a State educational agency 

has received an extension pursuant to subsection 

(c)(1), then a local educational agency within that 

State shall not be required to include the information 

required under paragraph (1)(C) in such report card 

during such extension. 

ø(B) MINIMUM REQUIREMENTS.—The State educational 

agency shall ensure that each local educational agency collects appropriate data and includes in the local educational 

agency’s annual report the information described in paragraph (1)(C) as applied to the local educational agency and 

each school served by the local educational agency, and— 

ø(i) in the case of a local educational agency— 

ø(I) the number and percentage of schools 

identified for school improvement under section 

1116(c) and how long the schools have been so 

identified; and 

ø(II) information that shows how students 

served by the local educational agency achieved on 

the statewide academic assessment compared to 

students in the State as a whole; and 

ø(ii) in the case of a school— 

ø(I) whether the school has been identified for 

school improvement; and 

ø(II) information that shows how the school’s 

students achievement on the statewide academic 

assessments and other indicators of adequate 

yearly progress compared to students in the local 

educational agency and the State as a whole. 

ø(C) OTHER INFORMATION.—A local educational agency 

may include in its annual local educational agency report 

card any other appropriate information, whether or not 

such information is included in the annual State report 

card. 

ø(D) DATA.—A local educational agency or school shall 

only include in its annual local educational agency report 

card data that are sufficient to yield statistically reliable 

information, as determined by the State, and that do not 

reveal personally identifiable information about an individual student. 

ø(E) PUBLIC DISSEMINATION.—The local educational 

agency shall, not later than the beginning of the 2002– 

2003 school year, unless the local educational agency has 

received a 1-year extension pursuant to subparagraph (A), 

publicly disseminate the information described in this 

paragraph to all schools in the school district served by the 

local educational agency and to all parents of students attending those schools in an understandable and uniform 

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formation widely available through public means, such as 

posting on the Internet, distribution to the media, and distribution through public agencies, except that if a local 

educational agency issues a report card for all students, 

the local educational agency may include the information 

under this section as part of such report. 

ø(3) PREEXISTING REPORT CARDS.—A State educational 

agency or local educational agency that was providing public 

report cards on the performance of students, schools, local educational agencies, or the State prior to the enactment of the No 

Child Left Behind Act of 2001 may use those report cards for 

the purpose of this subsection, so long as any such report card 

is modified, as may be needed, to contain the information required by this subsection. 

ø(4) ANNUAL STATE REPORT TO THE SECRETARY.—Each 

State educational agency receiving assistance under this part 

shall report annually to the Secretary, and make widely available within the State— 

ø(A) beginning with school year 2002–2003, information on the State’s progress in developing and implementing the academic assessments described in subsection 

(b)(3); 

ø(B) beginning not later than school year 2002–2003, 

information on the achievement of students on the academic assessments required by subsection (b)(3), including 

the disaggregated results for the categories of students 

identified in subsection (b)(2)(C)(v); 

ø(C) in any year before the State begins to provide the 

information described in subparagraph (B), information on 

the results of student academic assessments (including 

disaggregated results) required under this section; 

ø(D) beginning not later than school year 2002–2003, 

unless the State has received an extension pursuant to 

subsection (c)(1), information on the acquisition of English 

proficiency by children with limited English proficiency; 

ø(E) the number and names of each school identified 

for school improvement under section 1116(c), the reason 

why each school was so identified, and the measures taken 

to address the achievement problems of such schools; 

ø(F) the number of students and schools that participated in public school choice and supplemental service programs and activities under this title; and 

ø(G) beginning not later than the 2002–2003 school 

year, information on the quality of teachers and the percentage of classes being taught by highly qualified teachers in the State, local educational agency, and school. 

ø(5) REPORT TO CONGRESS.—The Secretary shall transmit 

annually to the Committee on Education and the Workforce of 

the House of Representatives and the Committee on Health, 

Education, Labor, and Pensions of the Senate a report that 

provides national and State-level data on the information collected under paragraph (4). 

ø(6) PARENTS RIGHT-TO-KNOW.— 

ø(A) QUALIFICATIONS.—At the beginning of each school 

year, a local educational agency that receives funds under 

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this part shall notify the parents of each student attending 

any school receiving funds under this part that the parents 

may request, and the agency will provide the parents on 

request (and in a timely manner), information regarding 

the professional qualifications of the student’s classroom 

teachers, including, at a minimum, the following: 

ø(i) Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction. 

ø(ii) Whether the teacher is teaching under emergency or other provisional status through which State 

qualification or licensing criteria have been waived. 

ø(iii) The baccalaureate degree major of the teacher and any other graduate certification or degree held 

by the teacher, and the field of discipline of the certification or degree. 

ø(iv) Whether the child is provided services by 

paraprofessionals and, if so, their qualifications. 

ø(B) ADDITIONAL INFORMATION.—In addition to the information that parents may request under subparagraph 

(A), a school that receives funds under this part shall provide to each individual parent— 

ø(i) information on the level of achievement of the 

parent’s child in each of the State academic assessments as required under this part; and 

ø(ii) timely notice that the parent’s child has been 

assigned, or has been taught for four or more consecutive weeks by, a teacher who is not highly qualified. 

ø(C) FORMAT.—The notice and information provided to 

parents under this paragraph shall be in an understandable and uniform format and, to the extent practicable, 

provided in a language that the parents can understand. 

ø(i) PRIVACY.—Information collected under this section shall be 

collected and disseminated in a manner that protects the privacy 

of individuals. 

ø(j) TECHNICAL ASSISTANCE.—The Secretary shall provide a 

State educational agency, at the State educational agency’s request, technical assistance in meeting the requirements of this section, including the provision of advice by experts in the development of high-quality academic assessments, the setting of State 

standards, the development of measures of adequate yearly 

progress that are valid and reliable, and other relevant areas. 

ø(k) VOLUNTARY PARTNERSHIPS.—A State may enter into a voluntary partnership with another State to develop and implement 

the academic assessments and standards required under this section. 

ø(l) CONSTRUCTION.—Nothing in this part shall be construed to 

prescribe the use of the academic assessments described in this 

part for student promotion or graduation purposes. 

ø(m) SPECIAL RULE WITH RESPECT TO BUREAU-FUNDED

SCHOOLS.—In determining the assessments to be used by each operated or funded by BIA school receiving funds under this part, the 

following shall apply: 

ø(1) Each such school that is accredited by the State in 

which it is operating shall use the assessments the State has 

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developed and implemented to meet the requirements of this 

section, or such other appropriate assessment as approved by 

the Secretary of the Interior. 

ø(2) Each such school that is accredited by a regional accrediting organization shall adopt an appropriate assessment, 

in consultation with and with the approval of, the Secretary of 

the Interior and consistent with assessments adopted by other 

schools in the same State or region, that meets the requirements of this section. 

ø(3) Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment developed by such agency or division, except that the 

Secretary of the Interior shall ensure that such assessment 

meets the requirements of this section.¿ 

SEC. 1111. STATE AND LOCAL REQUIREMENTS. 

(a) ACADEMIC STANDARDS, ACADEMIC ASSESSMENTS, AND ACCOUNTABILITY REQUIREMENTS.— 

(1) REQUIREMENTS FOR COLLEGE AND CAREER READY STATE

STANDARDS.—In order to receive a grant for the program under 

this subpart and subpart 2, each State shall demonstrate the 

State meets the following requirements: 

(A) COLLEGE AND CAREER READY ALIGNED STANDARDS

FOR READING OR LANGUAGE ARTS AND MATHEMATICS.— 

(i) IN GENERAL.—The State shall— 

(I) not later than December 31, 2014, adopt 

college and career ready academic content standards in reading or language arts and mathematics 

that meet the requirements of clauses (ii) and (iii); 

and 

(II) not later than the beginning of the 2015– 

2016 school year, adopt college and career ready 

student academic achievement standards in reading or language arts and mathematics that meet 

the requirements of clauses (ii) and (iv). 

(ii) ALIGNMENT OF COLLEGE AND CAREER READY

STANDARDS.—Each State plan shall demonstrate the 

State has adopted college and career ready academic 

content standards and college and career ready student 

academic achievement standards aligned with— 

(I)(aa) credit-bearing academic coursework, 

without the need for remediation, at public institutions of higher education in the State; 

(bb) relevant State career and technical education standards and the State performance measures identified in the State plan under section 

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

Education Act of 2006; and 

(cc) appropriate career skills; or 

(II) standards that are State-developed and 

voluntarily adopted by a significant number of 

States. 

(iii) REQUIREMENTS FOR ACADEMIC CONTENT

STANDARDS.—College and career ready academic content standards shall— 

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(I) be used by the State, and by local educational agencies, public elementary schools, and 

public secondary schools in the State, to carry out 

the requirements of this part; 

(II) be the same standards that the State applies to all public elementary and secondary 

schools and students in the State; 

(III) include the same knowledge, skills, and 

levels of achievement expected of all elementary 

and secondary school students in the State; and 

(IV) be evidence-based and include rigorous 

content and skills, such as critical thinking, problem solving, and communication skills. 

(iv) REQUIREMENTS FOR STUDENT ACADEMIC

ACHIEVEMENT STANDARDS.—College and career ready 

student academic achievement standards for a subject 

shall— 

(I) be aligned with the State’s academic content standards described in clause (iii); and 

(II) establish the level of performance expected 

for each grade level that demonstrates the student 

has mastered the material in the State academic 

content standards for that grade. 

(B) SCIENCE STANDARDS.—A State— 

(i) shall demonstrate that the State has adopted, 

by not later than December 31, 2014, statewide academic content standards and student academic 

achievement standards in science that are aligned with 

the knowledge and skills needed to be college and career ready, as described in subparagraph (A)(ii); and 

(ii) may choose to use such standards as part of 

the State’s accountability system under paragraph (3), 

if such standards meet the requirements of clauses (ii) 

through (iv) of subparagraph (A). 

(C) STANDARDS FOR OTHER SUBJECTS.—If a State 

adopts high-quality academic content standards and student academic achievement standards in subjects other 

than reading or language arts, mathematics, and science, 

such State may choose to use such standards as part of the 

State’s accountability system, consistent with section 1116. 

(D) ALTERNATE ACADEMIC ACHIEVEMENT STANDARDS

FOR STUDENTS WITH THE MOST SIGNIFICANT COGNITIVE DISABILITIES.— 

(i) IN GENERAL.—The State may, through a documented and validated standards-setting process, adopt 

alternate academic achievement standards in any subject included in the State’s accountability system under 

paragraph (3) for students with the most significant 

cognitive disabilities, if— 

(I) the determination about whether the 

achievement of an individual student should be 

measured against such standards is made separately for each student in each subject being assessed; 

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(II) all students who use such alternate academic achievement standards in a subject are assessed using the alternate assessments for such 

subject described in paragraph (2)(E); and 

(III) such alternate academic achievement 

standards— 

(aa) are aligned with the State college and 

career ready academic content standards; 

(bb) provide access to the general curriculum and the student academic achievement standards; and 

(cc) reflect professional judgment as to the 

highest possible standards achievable by such 

student. 

(ii) PROHIBITION ON ANY OTHER ALTERNATE OR

MODIFIED STANDARDS.—A State shall not develop, or 

implement for use, under this part any alternate or 

modified academic achievement standards for students 

who are children with disabilities that are not alternate academic achievement standards that meet the requirements of clause (i). 

(E) ENGLISH LANGUAGE PROFICIENCY STANDARDS.—A 

State shall, not later than December 31, 2015, adopt highquality English language proficiency standards that— 

(i) are aligned with the State’s academic content 

standards in reading or language arts under subparagraph (A) so that achieving English language proficiency, as measured by the State’s English language 

proficiency standards, indicates a sufficient knowledge 

of English to allow the State to validly and reliably 

measure the student’s achievement on the State’s reading or language arts student academic achievement 

standards with no interventions designed to support 

English learners specifically; 

(ii) ensure proficiency in English for each of the 

domains of speaking, listening, reading, and writing; 

(iii) identify not less than 4 levels of English proficiency; 

(iv) address the different proficiency levels of 

English learners and set high expectations regarding 

academic achievement and linguistic proficiency for 

English learners at all levels of proficiency; 

(v) are updated, not later than 1 year after the 

State adopts any new academic content standards in 

reading or language arts under this paragraph, in 

order to align the English language proficiency standards with the new content standards; and 

(vi) support teachers as teachers enhance instruction to support English learners. 

(F) EARLY LEARNING GUIDELINES AND EARLY GRADE

STANDARDS.—A State that uses funds provided under this 

subpart or subpart 2 to support early childhood education 

shall provide an assurance that, not later than December 

31, 2015, the State will establish, or certify the existence of, 

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early learning guidelines and early grade standards in accordance with the following: 

(i) EARLY LEARNING GUIDELINES.—In consultation 

with the State Advisory Council on Early Childhood 

Education and Care, the lead agency designated under 

section 658D of the Child Care and Development Block 

Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the 

State educational agency, the State shall complete a review, and revise or create, as necessary, the State’s 

early learning guidelines for young children in order to 

promote developmentally appropriate, high-quality programs. Such guidelines shall— 

(I) address each of the age groups of infants, 

toddlers, and preschool-aged children; 

(II) be developed, as appropriate, in all domains of child development and learning (including language, literacy, mathematics, creative arts, 

science, social studies, social and emotional development, approaches to learning, and physical and 

health development) for each age group; 

(III) reflect research and evidence-based developmental and learning expectations, including the 

foundation for and progression in how children develop and learn the requisite skills and content 

from one stage into the next, including what young 

children should know and be able to do; 

(IV) address the cultural and linguistic diversity and the diverse abilities of young children, including infants, toddlers, and preschoolers with 

disabilities; 

(V) inform teaching practices, improve professional development, and support high-quality services in early childhood education programs; 

(VI) be made publicly available, including 

through electronic means; and 

(VII) for pre-school age children, appropriately 

assist in the transition of such children to kindergarten. 

(ii) EARLY GRADE STANDARDS.—In consultation 

with the State Advisory Council on Early Childhood 

Education and Care, the lead agency designated under 

section 658D of the Child Care and Development Block 

Grant of 1990 (42 U.S.C. 9858 et seq.), and the State 

educational agency, the State shall establish or review 

and revise, as needed, standards for kindergarten 

through grade 3 aligned with the college and career 

ready academic content and student academic achievement standards described in subsection (a)(1)(A) to ensure that such standards— 

(I) are developed in all domains of child development and learning (including cognitive, language, literacy, mathematics, creative arts, science, 

social studies, social and emotional development, 

physical development and health, and approaches 

to learning); 

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(II) reflect research and evidence-based development and learning expectations for each level 

and address cultural, linguistic, and ability-level 

diversity; and 

(III) across grade levels, reflect progression in 

how children develop and learn the requisite skills 

and content from earlier grades forward, including 

preschool. 

(G) EXISTING STANDARDS.—Nothing in this part shall 

prohibit a State from revising, consistent with this section, 

any standard adopted under this part before, on, or after 

the date of enactment of the Strengthening America’s 

Schools Act of 2013. 

(H) CONSTRUCTION.—Nothing in this section shall be 

construed to authorize the Secretary or other officer or employee of the Federal Government to mandate, direct, or 

control a State’s college and career ready academic content 

or student academic achievement standards under this 

paragraph. 

(2) ACADEMIC ASSESSMENTS.— 

(A) STATE ASSESSMENTS.—The State shall, beginning 

not later than the beginning of the 2015–2016 school year, 

adopt and implement a set of statewide assessments that— 

(i) includes statewide assessments in reading or 

language arts, and mathematics, annually for grades 3 

through 8 and not less frequently than once during 

grades 10 through 12, that— 

(I) are aligned with the State’s academic content standards in such subjects under paragraph 

(1)(A); 

(II) are administered to all public elementary 

and secondary school students in the State; 

(III) measure the individual academic achievement of a student; 

(IV) assess the student’s academic achievement 

based on the State’s student academic achievement 

standards in the subject in order to measure— 

(aa) whether the student is performing at 

the student’s grade level; and 

(bb) the specific grade level at which the 

student is performing in the subject; 

(V) measure individual student academic 

growth, including a measurement of the number of 

years of academic growth each student attains 

each year; and 

(VI) may, at the State’s choosing— 

(aa) be administered through a single 

summative assessment each year; or 

(bb) be administered through multiple 

statewide assessments during the course of the 

year if the State can demonstrate to the Secretary’s satisfaction the results of these multiple assessments, taken in their totality, provide a summative score that provides valid 

and reliable information on individual student 

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academic growth, as described in subclause 

(V); 

(ii) includes statewide assessments in science, not 

less than once during each of the grade spans of grades 

3 through 5, 6 through 9, and 10 through 12, that— 

(I) assess the student’s academic achievement 

based on the State’s student academic achievement 

standards in science in order to measure— 

(aa) whether the student is performing at 

the student’s grade level; and 

(bb) the specific grade level at which the 

student is performing in the subject; and 

(II) measure individual student academic 

growth, including a measurement of the number of 

years of academic growth each student attains 

each year; 

(iii) includes the English language proficiency assessments described in subparagraph (D) and any alternate assessment described in subparagraph (E); and 

(iv) at the discretion of the State, measure the proficiency of students in the other academic subjects for 

which the State has adopted academic content standards and student academic achievement standards 

under paragraph (1)(C). 

(B) REQUIREMENTS FOR ASSESSMENTS.—The assessments administered under this paragraph shall— 

(i) be the same academic assessments used to 

measure the achievement of all students, although the 

individual assessment items administered to a student 

in order to determine the specific grade level at which 

a student is performing may vary; 

(ii) be used only for purposes for which such assessments are valid and reliable, and be consistent 

with relevant, nationally recognized professional and 

technical standards; 

(iii) be used only if the State educational agency 

provides to the Secretary evidence that the assessments 

used are of adequate technical quality for each purpose 

required under this Act and are consistent with the requirements of this section, which evidence the Secretary 

may make public; 

(iv) involve multiple up-to-date measures of student academic achievement, including measures that— 

(I) assess the full range of academic content 

and student academic achievement standards 

under subsection (a)(1) that students are expected 

to master; 

(II) measure students’ mastery of content 

knowledge and their ability to use knowledge to 

think critically and solve problems, and to communicate effectively; and 

(III) may be partially delivered in the form of 

portfolios, projects, or extended performance tasks; 

(v) provide for— 

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(I) the participation in such assessments of all 

students; and 

(II) the inclusion of English learners, who 

shall be assessed in a valid and reliable manner 

and provided reasonable accommodations on assessments administered to such students under 

this paragraph, including, to the extent practicable, assessments in the language and form 

most likely to yield accurate data on what such 

students know and can do in academic content 

areas, until such students have achieved English 

language proficiency as determined under subparagraph (D), except that the State may exempt 

any English learner at the lowest levels of English 

language proficiency from the reading or language 

arts assessment for not more than 2 years following the date of the student being identified as 

an English learner; 

(vi)(I) incorporate the principles of universal design, as defined in section 3 of the Assistive Technology 

Act of 1998 (29 U.S.C. 3002), to allow for the greatest 

possible access for all students; 

(II) provide for the reasonable adaptations for children with disabilities necessary to measure the academic achievement of such children in a subject, relative to the State academic content standards and 

State student academic achievement standards under 

paragraph (1) for such subject; 

(III) provide for the valid and reliable accommodations for children with disabilities necessary to measure the academic achievement of such children in a 

subject, relative to the State academic content standards and State student academic achievement standards under paragraph (1) for such subject; and 

(IV) assess children with disabilities using the 

same, unmodified academic content standards used to 

measure children without disabilities in the same 

grade level, except in the case of alternate assessments 

administered in accordance with subparagraph (E); 

(vii) notwithstanding clause (v)(II), include the 

academic assessment (using tests written in English) of 

reading or language arts of any student who has attended school in the United States (not including Puerto Rico) for 3 or more consecutive school years, except 

that, if the local educational agency determines, on a 

case-by-case individual basis, that academic assessments in another language or form would likely yield 

more accurate and reliable information on what such 

student knows and can do, the local educational agency may make a determination to assess such student in 

the appropriate language other than English for a period that does not exceed 2 additional consecutive 

years, if such student has not yet reached a level of 

English language proficiency sufficient to yield valid 

and reliable information on what such student knows 

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and can do on tests (written in English) of reading or 

language arts; 

(viii) include students who have attended schools 

in a local educational agency for a full academic year 

but have not attended a single school for a full academic year, except the performance of students who 

have attended more than 1 school in the local educational agency in any academic year shall be used 

only in determining the progress of the local educational agency; 

(ix) produce individual student interpretive, descriptive, and diagnostic reports that— 

(I) allow parents, teachers, and principals to 

understand and address the specific academic 

needs of students and include information regarding achievement on the academic assessments 

aligned with State academic achievement standards; and 

(II) are provided to parents, teachers, and 

principals as soon as is practicably possible after 

the assessment is given, in an understandable and 

uniform format, and to the extent practicable, in a 

language that parents can understand; 

(x) enable results to be disaggregated within the 

State, local educational agency, and school by gender, 

each major racial and ethnic group, English proficiency status, migrant status, status as a student with 

a disability, and economically disadvantaged status, 

except that disaggregation shall not be required for any 

subgroup that would include 15 or less students, so as 

to not reveal personally identifiable information about 

an individual student; 

(xi) be consistent with widely accepted professional 

testing standards and objectively measure academic 

achievement, knowledge, and skills; 

(xii) enable itemized score analyses to be produced 

and reported, consistent with clause (ii), to local educational agencies and schools, so that parents, teachers, 

principals, and administrators can interpret and address the specific academic needs of students as indicated by the students’ achievement on assessment 

items; 

(xiii) produce student achievement and other student data that can be used to inform determinations of 

individual principal and teacher effectiveness for purposes of evaluation and for determining the needs of 

principals and teachers for professional development 

and support; 

(xiv) be administered to not less than 95 percent of 

all students, and not less than 95 percent of each subgroup of students described in clause (x), who are enrolled in the school; and 

(xv) in the case of digital assessments or any digital assessment content that is adopted, procured, purchased, or developed for the assessments, incorporate 

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the principles of universal design, as defined in section 

3 of the Assistive Technology Act of 1998 (29 U.S.C. 

3002) and be interoperable and accessible for all students, including students who are children with disabilities. 

(C) LANGUAGES OF ASSESSMENTS.—The State shall 

identify the languages other than English that are present 

in the participating student population in the State and indicate, in the State’s plan under subsection (b), the languages for which yearly student academic assessments included in the State’s accountability system under paragraph (3) are not available and are needed. The State shall 

make every effort to develop assessments in such languages 

and may request assistance from the Secretary if linguistically accessible academic assessments are needed. Upon 

request, the Secretary shall assist with the identification of 

appropriate academic assessments in such languages, but 

shall not mandate a specific academic assessment or mode 

of instruction. 

(D) ASSESSMENTS OF ENGLISH LANGUAGE PRO- FICIENCY.— 

(i) IN GENERAL.—Each State plan shall demonstrate that local educational agencies in the State 

will, not later than the beginning of the 2015–2016 

school year, provide for the annual assessment of 

English language proficiency of all English learners in 

the schools served by the State educational agency. 

(ii) REQUIREMENTS.—The English language proficiency assessment described in clause (i) shall— 

(I) be aligned with the State’s English language proficiency standards under paragraph 

(1)(E); 

(II) be designed to measure, in a valid and reliable manner, student progress toward, and attainment of, English language proficiency; 

(III) reflect the academic language that is required for success on the State’s academic assessments, consistent with paragraph (1)(E)(v); and 

(IV) measure each student’s progress in achieving the levels of English proficiency established 

under the State English language proficiency 

standards, as described in paragraph (1)(E)(iii). 

(E) ALTERNATE ASSESSMENTS FOR STUDENTS WITH THE

MOST SIGNIFICANT COGNITIVE DISABILITIES.—A State may 

provide alternate assessments that are aligned with alternate academic achievement standards described in paragraph (1)(D) for students with the most significant cognitive disabilities, if the State— 

(i) ensures that for each subject, the total number 

of students in each grade level assessed in such subject 

using the alternate assessments does not exceed 1 percent of the total number of all students in such grade 

level in the State who are assessed in such subject; 

(ii) establishes and monitors implementation of 

clear and appropriate guidelines for individualized 

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education program teams (as defined in section 

614(d)(1)(B) of the Individuals with Disabilities Education Act) to apply in determining, on a subject-bysubject basis, when a child’s significant cognitive disability justifies assessment based on alternate academic achievement standards; 

(iii) ensures that parents of the students whom the 

State plans to assess using alternate assessments are 

involved in the decision that their child’s academic 

achievement will be measured against alternate academic achievement standards, consistent with section 

614(d)(1)(A)(i)(VI)(bb) of the Individuals with Disabilities Education Act, and are informed whether participation in such assessment may preclude the student 

from completing the requirements for a regular secondary school diploma, as determined by the State; 

(iv) provides evidence that students with the most 

significant cognitive disabilities are, to the maximum 

extent practicable, included in the general curriculum 

and in assessments aligned with such curriculum, as 

described in section 601(c)(5)(A) of the Individuals with 

Disabilities Education Act; 

(v) certifies, consistent with section 612(a)(16)(A) of 

such Act, the State’s regular academic assessments described in subparagraphs (A), (C), and (D) are universally designed to be accessible to students, including 

students with sensory, physical, and intellectual disabilities, through the provision of reasonable adaptations and valid and reliable accommodations that 

produce valid results; 

(vi) develops, disseminates information about, 

makes available, and promotes the use of reasonable 

adaptations and valid and reliable accommodations to 

increase the number of students with the most significant cognitive disabilities participating in grade-level 

academic instruction and assessments aligned with 

grade-level academic standards, and promotes the use 

of appropriate accommodations to increase the number 

of students with the most significant cognitive disabilities who are tested against grade-level academic 

achievement standards; 

(vii) takes steps to ensure regular and special education teachers and other appropriate staff know how 

to administer assessments, including how to make appropriate use of reasonable adaptations and valid and 

reliable accommodations for such assessments, for students with the most significant cognitive disabilities; 

and 

(viii) requires separate determinations about 

whether a student should be assessed using an alternate assessment for each subject assessed. 

(F) COMPUTER ADAPTIVE ASSESSMENT.—A State may 

develop and administer computer adaptive assessments as 

the assessments required under subparagraph (A). If a 

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ment for such purposes, the assessment shall meet the requirements of this paragraph. 

(G) REDUCING DUPLICATIVE ASSESSMENT.—The State 

shall— 

(i) include, in the State plan under subsection (b), 

a description of how the State will regularly analyze 

assessment and accommodations practice and use, and 

reduce duplicative assessment where appropriate; and 

(ii) ensure that the local educational agencies report, as required under subsection (d)(5)(C), regarding 

all assessments required by Federal, State, or local 

laws, regulations, or policies. 

(3) STATE-DESIGNED ACCOUNTABILITY SYSTEMS.— 

(A) ACCOUNTABILITY SYSTEM.—Each State shall, not 

later than the beginning of the 2014–2015 school year, demonstrate the State educational agency has developed and is 

implementing a single, statewide accountability system 

that— 

(i) annually measures and reports on the achievement and academic growth of students in all public elementary schools and secondary schools and local educational agencies in the State, in accordance with subparagraph (B); 

(ii) differentiates all local educational agencies and 

all schools in the State according to academic achievement and student academic growth, English language 

proficiency and growth for English learners, and, for 

high schools, graduation rates, for all students and for 

each subgroup described in paragraph (2)(B)(x); 

(iii) expects the continuous improvement of all public schools in the State in the academic achievement 

and academic growth of all students, including the 

subgroups of students described in subparagraph (D), 

and establishes ambitious and achievable annual performance targets in accordance with subparagraph (C); 

(iv) annually identifies schools that need supports 

and interventions to prepare college and career ready 

students; 

(v) provides for the improvement, through supports 

and interventions that address student needs, of all 

local educational agencies with schools not identified 

under section 1116(d) that are not meeting performance 

targets for subgroups described in subparagraph (D); 

(vi) develops the capacity of local educational agencies and schools to effectively educate their students 

and continuously improve; 

(vii) recognizes, and encourages other local educational agencies to replicate, the practices of local educational agencies and schools that are successful in effecting significant student achievement or student academic growth; and 

(viii) meets the requirements of section 1116. 

(B) MEASUREMENT OF ACHIEVEMENT AND ACADEMIC

GROWTH.— 

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(i) IN GENERAL.—The State accountability system 

shall measure student achievement and academic 

growth toward the college and career ready academic 

content and student academic achievement standards 

under paragraph (1) by annually measuring and reporting on, in the aggregate and for each subgroup described in subparagraph (D)— 

(I) the number and percentage of students who 

are in each category described in clause (ii), for 

each grade and subject covered by an academic assessment included in the accountability system, 

based on the State academic assessments for the 

subject; and 

(II) for each such category of students— 

(aa) the number and percentage of students for each grade and subject who are 

meeting or exceeding the State student academic achievement standards or are achieving 

sufficient academic growth, as described in 

clause (iii); and 

(bb) the number and percentage of students for each grade and subject who have not 

achieved sufficient academic growth, as described in such clause. 

(ii) CATEGORIES OF STUDENTS.—The State educational agency shall establish not less than 3 categories of students, which shall include the following: 

(I) A category consisting of students who are 

meeting or exceeding the State student academic 

achievement standards under paragraph (1) in a 

subject for the students’ grade level, as determined 

based on the State academic assessments under 

paragraph (2). 

(II) A category consisting of students whose 

proficiency in a subject is below grade level and 

who are achieving sufficient academic growth, as 

described in clause (iii). 

(III) A category consisting of students whose 

proficiency in a subject is below grade level and 

who are not achieving sufficient academic growth, 

as described in clause (iii). 

(iii) SUFFICIENT ACADEMIC GROWTH.—For purposes 

of this section, sufficient academic growth for a student 

means— 

(I) a rate of academic growth, based on a comparison of the student’s performance on the most 

recent State academic assessment with the preceding State academic assessment or combination 

of preceding State academic assessments, is such 

that the student will be performing at or above 

grade level within 3 years; 

(II) a rate of academic growth, based on a 

comparison of the student’s performance on the 

most recent State academic assessment with the 

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tion of preceding State academic assessments, is 

such that the student will be performing at or 

above grade level by the end of the grade span of 

which, for purposes of this section, shall be the 

grade spans of grades 3 through 5, 6 through 8, 

and 9 through 12; or 

(III) another aggressive academic growth 

model approved by the Secretary that supports the 

State performance targets under subparagraph (C). 

(C) PERFORMANCE TARGETS.— (i) IN GENERAL.—Each State shall establish, after 

requesting and receiving input from the local educational agencies of the State, ambitious and achievable annual performance targets for the State, for local 

educational agencies in the State, and for public elementary schools and secondary schools, for each subject and grade level assessed under paragraph (2), 

that— 

(I) are adopted from the waiver agreement entered into with the Secretary through the authority 

under section 9401 before the date of enactment of 

the Strengthening America’s Schools Act of 2013; 

(II) subject to approval by the Secretary— 

(aa) set a goal for every public school to 

meet the achievement level of the highest-performing 10 percent of schools in the State as 

of the date of the application submission, 

based on the percentage of students meeting or 

exceeding the State academic content and student academic achievement standards; 

(bb) require annual progress toward that 

goal for all students, including all subgroups 

of students consistent with subparagraph (D), 

within a specified reasonable time period; and 

(cc) ensure accelerated progress for the 

subgroups of students described in item (bb) 

that start with the lowest levels of student 

achievement; or 

(III) are equally ambitious to the performance 

targets described in subclauses (I) and (II) and are 

approved by the Secretary. 

(ii) PERFORMANCE AREAS.—The performance targets required under this subparagraph shall include 

targets for— 

(I) student proficiency, as described in subparagraph (B)(ii)(I); 

(II) student academic growth, as determined 

in accordance with subparagraph (B); 

(III) English language proficiency for English 

learners, as measured by the number of students 

who are on track to achieving English proficiency, 

as described in paragraph (1)(E)(i), by not later 

than 5 years after being identified as English 

learners; and 

(IV) for high schools, graduation rates. 

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(iii) BASELINES.—Each State shall use student performance on the State’s academic assessments used for 

purposes of receiving funds under the program under 

this subpart and subpart 2 for the 2014–2015 school 

year as the baseline for the performance targets, subject 

to paragraph (5)(B)(iv) and subsection (b)(3)(C). 

(iv) ADDITIONAL MEASURES AND PERFORMANCE

TARGETS.—A State may develop other measures and 

performance targets to provide school personnel, parents, and community members with information about 

the effectiveness of schools in closing performance gaps 

among subgroups and bringing all students to proficiency, except that any such measure shall not classify individuals who have not attained a high school 

diploma but have earned a recognized equivalent of 

such diploma as graduating from high school. 

(D) SUBGROUPS OF STUDENTS.—The subgroups described in this subparagraph shall be obtained by 

disaggregating students enrolled in a school by each major 

racial and ethnic group, English proficiency status, status 

as a child with a disability, and economically disadvantaged status, except that a school shall not be required to 

disaggregate for any subgroup that includes 15 or less students if such disaggregation would result in the disclosure 

of personally identifiable information. 

(E) SUBJECTS COVERED.—The State shall include in 

the accountability system the subjects of reading or language arts and mathematics, and may include science and 

any other subject that the State chooses through its State 

plan, if the State has adopted academic content standards 

and student academic achievement standards under paragraph (1)(C) and assessments under subparagraphs (A)(iv) 

and (B) of paragraph (2) for the subject. 

(F) ACCOUNTABILITY FOR CHARTER SCHOOLS.—The accountability provisions under this Act shall be overseen for 

public charter schools in accordance with State charter 

school law. 

(G) STUDENTS WITH THE MOST SIGNIFICANT COGNITIVE

DISABILITIES.—In determining the percentage of students 

who are meeting or exceeding the State student academic 

achievement standards or are achieving sufficient academic 

growth as described in subparagraph (B)(iii), for a subject 

for any purpose under this section or section 1116 or 1131, 

a State educational agency may include, for all schools in 

the State, the performance of the State’s students with the 

most significant cognitive disabilities on alternate assessments as described in paragraph (2)(E) in the subjects included in the State’s accountability system, consistent with 

the 1 percent limitation of paragraph (2)(E)(i). 

(4) VOLUNTARY PARTNERSHIPS.—A State may enter into a 

voluntary partnership with another State to develop and implement the academic assessments, academic content standards, 

and student academic achievement standards required under 

this section. 

(5) TRANSITION PROVISIONS.— 

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(A) IN GENERAL.—The Secretary shall take such steps 

as are necessary to provide for the orderly transition between the accountability systems required under subsection 

(b)(2), as such section was in effect on the day before the 

date of enactment of the Strengthening America’s Schools 

Act of 2013, and the new accountability systems required 

under this subsection, including the transition steps described in subparagraph (B). 

(B) TRANSITION STEPS.—To enable the successful transition to the provisions of this part, as amended by the 

Strengthening America’s Schools Act of 2013, each State 

educational agency receiving funds under this part shall— 

(i) beginning on the date of enactment of the 

Strengthening America’s Schools Act of 2013— 

(I) administer assessments, as required under 

paragraph (2), as amended by such Act, that measure and assess the college and career ready academic content standards and student academic 

achievement standards described in paragraph (1), 

as amended by such Act; and 

(II) with respect to any reporting provision 

under this part that requires the disaggregation of 

students, carry out such requirement unless the 

number of students in such subgroup is less than 

15; 

(ii) during the transition period, continue all interventions, services, and activities required under section 

1116(b), as in effect on the day before the date of enactment of such Act, for schools identified for corrective 

action under such section 1116(b)(7); 

(iii) after 2 years of using the assessments described in clause (i)(I), establish a new baseline, as described in paragraph (3)(C)(iii), using the new assessment data; and 

(iv) implement this section and section 1116, as 

amended by such Act, except that the State shall not be 

required to identify focus schools or priority schools 

under subsection (c) or (d) of section 1116 until 2 full 

school years after the date of enactment of such Act. 

(C) END OF TRANSITION.—The transition to the requirements of this part, as amended by the Strengthening America’s Schools Act of 2013, shall be completed by not later 

than 2 years after the date of enactment of such Act. 

(b) STATE PLANS.— 

(1) IN GENERAL.—For any State desiring to receive a grant 

under the program under this subpart and subpart 2, the State 

educational agency shall submit to the Secretary a plan, developed by the State educational agency in consultation with local 

educational agencies, teachers, principals, specialized instructional support personnel, administrators, other staff, representatives of Indian tribes located in the State, and parents, that— 

(A) demonstrates the State’s compliance with this section; 

(B) is coordinated with the State plans required by 

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abilities Education Act, the Rehabilitation Act of 1973 (29 

U.S.C. 701 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006, the Head Start Act, the Child 

Care and Development Block Grant Act of 1990, and the 

Adult Education and Family Literacy Act, and activities 

under title IX of the Educational Amendments of 1972; 

(C) provides an assurance the State will continue to 

administer the academic assessments required under paragraphs (3)(A) and (7) of this subsection, as such paragraphs were in effect on the day before the date of enactment of the Strengthening America’s Schools Act of 2013, 

and to include the results of such assessments in the State’s 

accountability system, until the State has implemented the 

assessments required under subsection (a)(2); 

(D) provides an assurance the State will participate in 

the biennial State academic assessments of grade 4 and 

grade 8 reading and mathematics under the National Assessment of Educational Progress carried out under section 

303(b)(2) of the National Assessment of Educational 

Progress Authorization Act (20 U.S.C. 9622(b)(2)) if the 

Secretary pays the costs of administering such assessments; 

(E) describes the State accountability system under 

subsection (a)(3) and the State’s plan for blue ribbon 

schools under section 1131 (if the State chooses to carry out 

such section), including how the plan will promote postsecondary and career readiness; 

(F) describes the process the State will utilize to review 

local educational agency plans submitted pursuant to section 1112, including the parent and family engagement 

plan described in section 1118 and other provisions related 

to parent and family engagement; 

(G) describes the support the State will provide to local 

educational agencies for the education of homeless children 

and youths, and how the State will comply with the requirements of subtitle B of title VII of the McKinney-Vento 

Homeless Assistance Act; 

(H) describes how the State educational agency has involved the committee of practitioners established under section 1603(b) in developing the plan and monitoring its implementation; 

(I) describes how the State educational agency will coordinate with the State Advisory Council on Early Childhood Education and Care, as appropriate; 

(J)(i) if the State funds full-day kindergarten programs 

but does not provide access to such programs for all children eligible to attend kindergarten in the State, describes 

how the State plans to increase the number of students in 

the State who are enrolled in full-day kindergarten and a 

strategy to implement such a plan; and 

(ii) if the State provides funding for kindergarten programs but does not fund full-day kindergarten programs, 

describes how the State plans to establish such programs to 

extend and strengthen the educational continuum for children entering elementary school; 

(K) provides an assurance that the State— 

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(i) has established a longitudinal data system that 

includes all elements described in section 6401(e)(2)(D) 

of the America COMPETES Act (20 U.S.C. 9871 

(e)(2)(D)), by the date required under the terms for the 

allocation received by the State through the State Fiscal Stabilization Fund under section 14001 of the 

American Recovery and Reinvestment Act of 2009 

(Public Law 111–5, 123 Stat. 279); or 

(ii) if the State was not subject to any such requirement, will establish such a system by a date approved 

the Secretary; 

(L) describes how the State and State educational 

agency will comply with the requirements of section 1501, 

and the State’s plan to ensure such compliance; 

(M) in the case of a State that proposes to use funds 

under this subpart or subpart 2 to support positive behavioral interventions and supports, describes how the State 

educational agency will— 

(i) assist local educational agencies in implementing positive behavioral interventions and supports 

in schools served by the local educational agency 

throughout the whole school; 

(ii) provide technical assistance and training to 

local educational agencies to improve and support the 

development, implementation, and coordination of comprehensive positive behavioral interventions and supports carried out under this Act with activities carried 

out under the Individuals with Disabilities Education 

Act; 

(iii) in coordination with local educational agencies and schools, implement positive, preventative approaches to school discipline to promote a positive 

school climate for all students and reduce recidivism of 

re-entering youth offenders and disconnected youth; 

and 

(iv) evaluate the effects of providing positive behavioral interventions and supports for all students, including improvement of the learning environment, academic achievement, disciplinary problems such as incidents of suspensions, expulsions, referrals to law enforcement, and other actions that remove students from 

instruction, and any other effects the State chooses to 

evaluate; 

(N) in the case of a State that proposes to use funds 

under this subpart or subpart 2 to support early intervening services, describes how the State educational agency 

will— 

(i) assist local educational agencies in implementing early intervening services in schools served by 

the local educational agency to reduce the need to label 

children as children with disabilities in order to address the learning and behavioral needs of such children; 

(ii) provide technical assistance and training to 

local educational agencies to improve coordination of 

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early intervening services provided under this Act with 

early intervening services carried out under the Individuals with Disabilities Education Act; and 

(iii) evaluate the effects of providing early intervening services; 

(O) describes how the State will assist local educational agencies in identifying gifted and talented students, including high-ability students who have not previously been formally identified for gifted education services, and implement educational approaches at the elementary school and secondary school levels to support the 

learning needs of gifted and talented students to ensure 

that such students make appropriate learning gains, such 

as early entrance to kindergarten, enrichment, acceleration, 

curriculum compacting, and dual enrollment in secondary 

school and postsecondary education; 

(P) describes how the State educational agency will— 

(i) reduce suspensions, expulsions, referrals to law 

enforcement, and other disciplinary actions that remove students from instruction; 

(ii) facilitate, to the extent practicable, the re-entry 

of juvenile offenders and disconnected youth into their 

local educational agencies; 

(iii) in coordination with the State department of 

corrections or similar agency, ensure re-entering juvenile offenders receive referrals to a local educational 

agency and provide that, for any juvenile who commits 

an offense subject to school expulsion and is subsequently committed to a detention center, secure facility, 

or any other residential placement within the juvenile 

or adult criminal justice system for such offense, the 

period of expulsion shall run concurrently with the period of commitment to the detention center, secure facility, or other residential placement; and 

(iv) in coordination with local educational agencies 

and schools, provide annual and public reporting on, 

in the aggregate, in-school suspensions, out-of-school 

suspensions, expulsions, referrals to law enforcement, 

school-based arrests, and disciplinary transfers (including placements in alternative schools) in the State; 

(Q) describes how the State educational agency will 

plan for pregnant and parenting students to be enrolled, attend, and succeed in school; 

(R) describes how— 

(i) for the first year following the date of enactment 

of the Strengthening America’s Schools Act of 2013, the 

State educational agency will provide for the equitable 

distribution of elementary school teachers, and secondary school teachers, within local educational agencies and the State using data on the percentage and 

distribution of the categories of teachers described in 

subparagraph (S) as transitional measures of teacher 

quality; 

(ii) for each school year following the first year 

after such date of enactment, the State educational 

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agency will provide for the equitable distribution of 

teachers within local educational agencies and the 

State so that low-income and minority children are not 

taught at higher rates than other children by teachers 

with the lowest ratings in the State professional growth 

and improvement system; and 

(iii) beginning not later than 1 year after such date 

of enactment, and for each subsequent year, the State 

will report to the Secretary the percentage and distribution of teachers in the State, based on the measures used in the State, for each quartile of schools 

based on school poverty level, for high-minority schools, 

and for low-minority schools; and 

(S) describes how the State will annually submit to the 

Secretary, for each quartile of schools in the State based on 

school poverty level and for high-minority schools and lowminority schools in the State, data regarding the percentage and distribution of the following categories of teachers: 

(i) Teachers who are not classified as highly qualified teachers. 

(ii) Teachers who are new. 

(iii) Teachers who have not completed a teacher 

preparation program. 

(iv) Teachers who are not teaching in the subject or 

field for which the teacher is certified or licensed. 

(v) Beginning in any year for which data are available from a professional growth and improvement system, and not later than the 2015–2016 school year, 

teachers with the highest or lowest ratings in the professional growth and improvement system, as data 

from such system become available, and in no case 

later than the 2015–2016 school year. 

(2) COMPREHENSIVE PLAN.—A State plan submitted under 

paragraph (1) may be submitted as part of the comprehensive 

plan under section 9302. 

(3) DURATION OF THE PLAN.— (A) IN GENERAL.—Each State plan shall— 

(i) remain in effect for the duration of the State’s 

participation under this part or 4 years, whichever is 

shorter; and 

(ii) be periodically reviewed and revised as necessary by the State educational agency to reflect 

changes in the State’s strategies and programs under 

this part. 

(B) ADDITIONAL INFORMATION.— 

(i) REVISED PLANS.—If a State makes significant 

changes to its plan, such as adopting new State academic content standards, new State student achievement standards, new academic assessments, or improved performance targets under subsection (a), the 

State shall submit a revised plan to the Secretary. 

(ii) REVIEW OF REVISED PLANS.—The Secretary 

shall review the information submitted under clause (i) 

and may, notwithstanding paragraph (4), approve or 

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taking the peer-review or hearing process described in 

such paragraph. 

(C) RENEWAL.—A State educational agency that desires 

to continue participating in the program under this subpart 

and subpart 2 shall submit a renewed plan every 4 years 

with improved performance targets. 

(4) PEER REVIEW AND SECRETARIAL APPROVAL.— 

(A) SECRETARIAL DUTIES.—The Secretary shall— 

(i) establish a peer-review process that maximizes 

collaboration with each State to assist in the review of 

State plans; 

(ii) appoint expert individuals to the peer-review 

process who— 

(I) represent a regionally diverse cross-section 

of States; 

(II) are representative of parents, teachers, 

State educational agencies, and local educational 

agencies; and 

(III) are familiar with educational standards, 

assessments, accountability, the needs of focus and 

priority schools as described in subsections (c) and 

(d) of section 1116 and the needs of disadvantaged 

students, students who are children with disabilities, and other educational needs of students; 

(iii) ensure the peer-review process provides timely 

feedback from the peer-review panel to the States, and 

that such feedback shall be made publicly available, 

including through electronic means; 

(iv) not decline approval of a State plan before— 

(I) offering the State an opportunity to revise 

the State plan; 

(II) providing technical assistance to the State 

to meet the requirements of this subsection and 

subsections (a) and (c); and 

(III) upon the request of a State, providing a 

hearing; 

(v) have the authority to disapprove a State plan 

for not meeting the requirements of this subpart or subpart 2, and may deny approval to a State plan under 

this subsection that was recommended by the peer-review panel by making available written findings of the 

cause for such disapproval; 

(vi) approve a State plan not later than 120 days 

after its submission unless the Secretary determines 

that the plan does not meet the requirements of this 

section; 

(vii) if the Secretary determines that the State plan 

does not meet the requirements of this subsection and 

subsection (c), immediately notify the State in writing 

of such determination and the reasons for such determination; and 

(viii) not have the authority to require a State, as 

a condition of approval of the State plan, to include in, 

or delete from, such plan 1 or more specific elements of 

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the State’s academic content standards or to use specific academic assessment instruments or items. 

(B) STATE REVISIONS.—A State plan shall be revised by 

the State educational agency if necessary to satisfy the requirements of this section. 

(c) PARENT AND FAMILY ENGAGEMENT.—Each State plan shall 

include a description of how the State will strengthen engagement 

of the parents and families in education (referred to in this subsection as the ‘‘parent and family engagement plan’’) in accordance 

with the following: 

(1) STATEWIDE PARENT AND FAMILY ENGAGEMENT STRATEGY.—The parent and family engagement plan shall demonstrate how the State plans to increase and enhance the engagement of parents and family members in education throughout the State, through the implementation and replication of 

evidence-based or promising practices, in order to— 

(A) increase student academic growth and achievement, 

and college and career readiness; 

(B) provide parents and family members with the skills 

and opportunities necessary to become full partners in their 

child’s education; 

(C) improve child development; 

(D) strengthen relationships and partnerships among 

school personnel and parents and family members, to support student academic growth and achievement, and college 

and career readiness; 

(E) improve the ability of local educational agencies 

and schools to increase the participation of parents and 

family members in school improvement strategies, create 

opportunities for co-location and provision of services for 

parents and family members, and foster conditions for 

learning; and 

(F) focus the activities described in subparagraphs (A) 

through (E) in high-need local educational agencies and 

high-need schools. 

(2) COORDINATION; COLLECTION; DISSEMINATION.—The parent and family engagement plan shall describe how the State 

will— 

(A) ensure maximum coordination and minimum duplication of efforts (which may include the designation of a 

parent and family engagement coordinator) among, at a 

minimum— 

(i) Federal, State, and local programs; 

(ii) the State Advisory Councils on Early Childhood Education and Care; 

(iii) the parent and family information and resource centers established under part H of title IV; and 

(iv) appropriate non-Federal entities (including 

community-based and philanthropic organizations and 

court-appointed special advocates); 

(B) collect and disseminate best practices and research 

on parent and family engagement strategies to— 

(i) local educational agencies, including high-need 

local educational agencies, and high-need schools in 

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ment academies and other leadership development 

strategies; and 

(ii) institutions of higher education and other organizations with a demonstrated record of success in increasing the engagement of parents and family members in education; and 

(C) ensure that the process for reviewing local educational agency plans pursuant to section 1112 includes an 

assessment and response to each local educational agency 

regarding the extent to which such plans incorporate the 

best practices identified in subparagraph (B). 

(3) TECHNICAL ASSISTANCE, TRAINING, AND CAPACITY-BUILDING.—The State parent and family engagement plan shall describe the evidence-based technical assistance, professional development, or other capacity-building strategies that the State 

will provide to, at a minimum, high-need local educational 

agencies and high-need schools, which— 

(A) shall include the provision of technical assistance 

to local educational agencies that serve schools identified as 

focus or priority schools under subsection (c) or (d) of section 1116; 

(B) shall include partnering with the appropriate parent and family information and resource centers; 

(C) may include assistance in developing, revising, or 

implementing the local educational agency plans submitted 

pursuant to section 1112 as such plans relate to supporting 

parent and family engagement, in conjunction with paragraph (2)(C); 

(D) may include assistance related to implementing evidence-based parent and family engagement strategies to 

providers of early care and education; and 

(E) may include assistance related to implementing evidence-based parent and family engagement strategies for 

English learner families, such as those described in section 

3115(c)(5). 

(4) LEVERAGING RESOURCES.—Each State plan shall include a description of how the State will leverage resources of 

employers, business leaders, philanthropic and nonprofit organizations, and other community members to increase and 

strengthen parent and family engagement. 

(d) ANNUAL STATE REPORT CARDS.— 

(1) IN GENERAL.—A State that receives a grant for the program under this subpart and subpart 2 shall prepare and disseminate an annual report card for each public elementary 

school and secondary school in the State, each local educational 

agency in the State, and the State as a whole. 

(2) REQUIREMENTS FOR ALL REPORT CARDS.—The State 

shall ensure the school, local educational agency, and State report cards required under this subsection are— 

(A) uniform across the State; 

(B) concise; 

(C) presented in a format that is easily understandable 

and, to the extent practicable, provided in a language that 

parents can understand; and 

(D) accessible to the public, which shall include— 

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(i) making the State report card and all local educational agency and school report cards available on a 

single webpage of the State’s website; and 

(ii) providing a copy of a school’s report card to the 

parents of each student enrolled in the school each 

year. 

(3) REQUIRED STUDENT INFORMATION FOR SCHOOL REPORT

CARDS.—Each school report card required under paragraph (1) 

shall include the following: 

(A) A clear and concise description of the State’s accountability system under subsection (a)(3), including a description of the criteria by which the State evaluates school 

performance, and the criteria that the State has established 

to determine the status of schools. 

(B) Information on each of the following for the school, 

in the aggregate and disaggregated and cross-tabulated by 

the subgroups described in subsection (a)(2)(B)(x) (except 

that such disaggregation or cross-tabulation shall not be required in a case in which the results would reveal personally identifiable information about an individual student): 

(i) Student achievement at each performance level 

on the State academic assessments that are included in 

the State’s accountability system under subsection 

(a)(3). 

(ii) The percentage of students who do not take the 

State academic assessments. 

(iii) The most recent 3-year trend in student 

achievement in each subject area, and for each grade 

level, for such assessments. 

(iv) A comparison of the school’s student academic 

assessment data to the State average for each tested 

subject. 

(v)(I) The number and percentage of students who 

are meeting or exceeding the State student academic 

achievement standards or are achieving sufficient academic growth, as determined in accordance with subsection (a)(3)(B)(iii), for each subject area and grade 

level. 

(II) The most recent 3-year trend in student academic growth in each subject area, and for each grade 

level, for the State academic assessments. 

(vi) The number and percentage of students with 

the most significant cognitive disabilities who take an 

alternate assessment under subsection (a)(2)(E), by 

grade and subject. 

(vii) The number of students who are English 

learners, and the performance of such students, on the 

State’s English language proficiency assessments under 

subsection (a)(2)(D), including the students’ attainment 

of, and progress toward, higher levels of English language proficiency. 

(viii) For each high school— 

(I) student graduation rates, including— 

(aa) the 4-year adjusted cohort graduation 

rate, as defined in section 9101(32)(A); and 

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(bb) the cumulative graduation rate, as 

defined in section 9101(32)(B); 

(II) the number of students attaining career 

and technical proficiencies, as defined by section 

113(b)(2)(A) of the Carl D. Perkins Career and 

Technical Education Act of 2006, and reported by 

States only in a manner consistent with section 

113(c) of such Act; 

(III) not later than the beginning of the 2013– 

2014 school year, the rate at which students who 

graduated from the high school in the preceding 

year enrolled in institutions of higher education by 

the beginning of the next school year; and 

(IV) not later than the beginning of the 2014– 

2015 school year, the rate of student remediation, 

in the aggregate, for high school graduates who enroll in public institutions of higher education in 

the State or in other institutions of higher education (to the extent obtaining the data regarding 

remediation from other institutions is practicable). 

(ix) Beginning not later than the 2015–2016 school 

year, the evaluation results of teachers and principals 

as measured by the State’s professional growth and improvement system, except that such information shall 

not provide individually identifiable information on individual teachers and principals. 

(x) Discipline data with respect to all students in 

the school for the disciplinary exclusionary categories 

described in subparagraphs (A)(v), (D), and (E) of section 618(a)(1) of the Individuals with Disabilities Education Act. 

(xi)(I) The percentage of students passing examinations related to coursework acceptable for postsecondary credit at institutions of higher education, such 

as Advanced Placement or International Baccalaureate 

examinations, or technical assessments, as defined by 

section 113(b)(2)(A)(ii) of Carl D. Perkins Career and 

Technical Education Act of 2006 and reported by 

States only in a manner consistent with section 113(c) 

of such Act. 

(II) The percentage of students participating in 

early college high schools and dual enrollment programs. 

(xii) Data regarding pregnant and parenting students in the State, including— 

(I) the number of pregnant and parenting students enrolled in secondary schools; 

(II) rates, and data regarding participation, of 

pregnant and parenting students in mainstream 

schools or in the schools in which the students 

originated; 

(III) rates, and data regarding participation, 

of pregnant and parenting students in alternative 

programs; 

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(IV) the number and percentage of pregnant 

and parenting students who have achieved proficiency, as determined for purposes of subsection 

(a)(3)(B)(ii), in each grade and subject assessed; 

and 

(V) graduation rates for pregnant and parenting students. 

(xiii) The incidence of school violence, bullying, 

drug abuse, alcohol abuse, in-school student suspensions, out-of-school student suspensions, expulsions, referrals to law enforcement, school-based arrests, disciplinary transfers (including placements in alternative 

schools), and student detentions, for each category. 

(C) The average class size, by grade. 

(D) The school’s categorization, if applicable, in the 

State school accountability and improvement system under 

section 1116. 

(E) In the case of a coeducational school that receives 

assistance under this subpart— 

(i) a listing of the school’s interscholastic sports 

teams that participated in athletic competition; 

(ii) for each such team— 

(I) the total number of male and female participants, disaggregated and cross-tabulated by 

gender and race; 

(II) the season in which the team competed, 

whether the team participated in postseason competition, and the total number of competitive events 

scheduled; 

(III) the total expenditures from all sources, 

including expenditures for travel, uniforms, facilities, and publicity for competitions; and 

(IV) the total number of coaches, trainers, and 

medical personnel, and for each such individual 

an identification of such individual’s gender, employment status, and duties other than providing 

coaching, training, or medical services; and 

(iii) the average annual salary of the head coaches 

of boys’ interscholastic sports teams, across all offered 

sports, and the average annual salary of the head 

coaches of girls’ interscholastic sports teams, across all 

offered sports. 

(F) The number of students— 

(i) who are served through the use of early intervening services; and 

(ii) who, in the preceding 2-year period, received 

early intervening services and who, after receiving such 

services, have been identified as eligible for, and receive, special education and related services under part 

B of the Individuals with Disabilities Education Act. 

(4) OPTIONAL INFORMATION.—A State may include in each 

school report card such other information as the State believes 

will best provide parents, students, and other members of the 

public with information regarding the progress of each of the 

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State’s public elementary and secondary schools. Such information may include— 

(A) indicators of school climate; 

(B) student attendance; 

(C) school readiness of students in kindergarten; and 

(D) measures of career readiness focused on the attainment of technical or employability skills. 

(5) LOCAL EDUCATIONAL AGENCY AND STATE REPORT

CARDS.—Each local educational agency report card and State 

report card required under paragraph (1)— 

(A) shall include the data described in clauses (i) 

through (xiii) of paragraph (3)(B) for the local educational 

agency or State, respectively, as a whole and disaggregated 

by the subgroups described in subsection (a)(2)(B)(x); 

(B) in the case of a State report card, shall include— 

(i) the data described in paragraph (3)(B)(viii) 

disaggregated by status as a child in foster care, except 

that such disaggregation shall not be required in a 

case in which the number of students in the category 

would reveal personally identifiable information about 

an individual student; 

(ii) the most recently available academic achievement results in grades 4 and 8 of the State’s students 

on the National Assessment of Educational Progress in 

reading and mathematics, including the percentage of 

students at each achievement level in the aggregate 

and by the groups described in section 303(b)(2)(G) of 

the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)(2)(G)); 

(iii) the number of local educational agencies in 

the State that implement positive behavioral interventions and supports; and 

(iv) the number of local educational agencies in the 

State that implement school-based mental health programs; 

(C) in the case of a local educational agency report 

card, shall include information regarding the assessments 

administered annually, by grade level and subject, and, for 

each assessment, whether the assessment is required by 

Federal, State, or local statute, regulation, or policy; 

(D) shall include information regarding the number of 

military-connected students which, for the purposes of this 

subparagraph, shall mean students with parents who serve 

in the Armed Forces, including the National Guard and 

Reserve Forces, for each local educational agency or State, 

respectively, and information regarding academic achievement for such students, except that such information shall 

not be used for school or local educational agency accountability purposes under section 1116; and 

(E) may include any optional information described in 

paragraph (4) for the local educational agency or State, respectively. 

(6) DATA.—A State shall only include in a school report 

card or local educational agency report card, data that do not 

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reveal personally identifiable information about an individual 

student or teacher. 

(7) PREEXISTING REPORT CARDS.—A State educational agency or local educational agency that was providing public report 

cards on the performance of students, schools, local educational 

agencies, or the State prior to the date of enactment of the 

Strengthening America’s Schools Act of 2013, may use those report cards for the purpose of this subsection as long as any such 

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

(8) COST REDUCTION.—Each State educational agency and 

local educational agency receiving assistance under the program under this subpart and subpart 2 shall, wherever possible, take steps to reduce data collection costs and duplication 

of effort by obtaining the information required under this subsection through existing data collection efforts. 

(9) CROSS-TABULATED DATA NOT USED FOR ACCOUNT- ABILITY.—Groups of students obtained by cross-tabulating data 

under this subsection shall not be considered to be subgroups 

under section 1116. Such cross-tabulated data shall not be used 

to determine whether a school is a focus or priority school 

under subsection (c) or (d) of section 1116. 

(e) REPORTING.— (1) ANNUAL STATE REPORT.—Each State educational agency 

that receives assistance under the program under this subpart 

and subpart 2 shall report annually to the Secretary, and make 

widely available within the State— 

(A) information on the State’s progress in developing 

and implementing the academic assessments described in 

subsection (a)(2); 

(B) information on the achievement and academic 

growth of students, including results disaggregated (except 

in a case in which the number of students in a category is 

insufficient to yield statistically reliable information or the 

results would reveal personally identifiable information 

about an individual student) by the subgroups described in 

subsection (a)(2)(B)(x) and by status as a child in foster 

care; 

(C) information on any changes in status for all public 

schools in the State, in accordance with the State’s system 

of differentiation described in subsection (a)(3)(A)(ii) and 

the categories required under section 1116; 

(D) in any year before the State begins to provide the 

information described in subparagraph (B), information on 

the results of student academic assessments (including results disaggregated by the subgroups described in subsection (a)(2)(B)(x)) required under this section; 

(E) information on the acquisition of English language 

proficiency by students who are English learners; 

(F) the number of schools, and the name of each school, 

identified as a focus or priority school under subsection (c) 

or (d) of section 1116; and 

(G) the number of schools identified as blue ribbon 

schools under section 1131 and the name of each such 

school. 

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(2) SECRETARY’S REPORT CARD AND BIENNIAL EVALUATION

REPORT.— 

(A) SECRETARY’S REPORT CARD.—Not later than July 1, 

2014, and annually thereafter, the Secretary shall prepare 

and submit to the authorizing committees a national report 

card on the status of elementary and secondary education 

in the United States. Such report shall— 

(i) analyze existing data from State reports required under this Act, the Individuals with Disabilities 

Education Act, and the Carl D. Perkins Career and 

Technical Education Act of 2006, and summarize 

major findings from such reports; 

(ii) analyze data from the National Assessment of 

Educational Progress and international assessments, 

including the Third International Mathematics and 

Science Survey; 

(iii) identify trends in student achievement, student 

academic growth, student performance, and high 

school graduation rates, by analyzing and reporting on 

the status and performance of subgroups of students, 

including subgroups based on race, ethnicity, and socioeconomic status and the subgroups of children with 

disabilities and English learners; 

(iv) compare the performance of students, including the subgroups described in clause (iii), across 

States and local educational agencies across the United 

States; 

(v) identify and report on promising practices, 

areas of greatest improvement in student achievement 

and educational attainment, and other examples worthy of national attention; 

(vi) identify and report on areas of educational 

concern that warrant national attention; and 

(vii)(I) analyze existing data, as of the time of the 

report, on Federal, State, and local expenditures on 

education, including per pupil spending, teacher salaries and pension obligations, school level spending, and 

other financial data publicly available; and 

(II) report on current trends and major findings resulting from the analysis. 

(B) SPECIAL RULE.—The information used to prepare 

the report described in subparagraph (A) shall be derived 

from existing State and local reporting requirements and 

data sources. Nothing in this paragraph shall be construed 

as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be 

reported to the Secretary not otherwise explicitly authorized 

by any other Federal law. 

(C) BIENNIAL REPORT.—The Secretary shall transmit 

biennially to the authorizing committees a report that provides national and State-level data on the information collected under paragraph (1). 

(f) PENALTIES.—If a State that receives a grant under the program under this subpart and subpart 2 fails to meet any requirement of such subparts, the Secretary may withhold funds for State 

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administration under this part until the Secretary determines that 

the State has fulfilled those requirements. 

(g) PARENTS’ RIGHT-TO-KNOW.— (1) QUALIFICATIONS.—At the beginning of each school year, 

a local educational agency that receives funds under the program under this subpart and subpart 2 shall notify the parents 

of each student attending any school receiving such funds that 

the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom 

teachers, including, at a minimum, the following: 

(A) Whether the teacher has met State qualification 

and licensing criteria for the grade levels and subject areas 

in which the teacher provides instruction. 

(B) Whether the teacher is teaching under emergency or 

other provisional status through which State qualification 

or licensing criteria have been waived. 

(C) The baccalaureate degree major of the teacher and 

any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree. 

(D) Whether the student is provided services by paraprofessionals and, if so, their qualifications. 

(2) EQUITY REPORT CARD.—A local educational agency that 

receives funds under the program under this subpart and subpart 2 shall make available to parents, separately or as a clearly identified part of the school report card, and through easily 

accessible means, including electronic means, the following information for each school: 

(A) Student achievement data at each performance 

level, for each category of students described in subsection 

(a)(3)(B)(ii), on the State academic assessments included in 

the State accountability system under subsection (a)(3), 

disaggregated by the subgroups described in subsection 

(a)(2)(B)(x). 

(B) Individual school funding by source, including 

Federal, State, and local funding and grants. 

(C) For each high school, the 4-year adjusted cohort 

graduation rate, as described in section 9101(32)(A), and 

the rate at which students graduating from the high school 

in the preceding year enrolled in institutions of higher education by the beginning of the next school year. 

(D) Data regarding educational opportunity participation, which data— 

(i) shall include, at a minimum, prekindergarten 

and full-day kindergarten opportunities for children 

and opportunities for Advanced Placement or International Baccalaureate course work; and 

(ii) may include such opportunities as— 

(I) dual enrollment and early college high 

schools; 

(II) gifted programming; 

(III) other educational programming; and 

(IV) opportunities to complete career and technical education programs of study, reported in a 

manner consistent with section 122(c)(1) of the 

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Carl D. Perkins Career and Technical Education 

Act of 2006. 

(E) Information regarding each school’s school climate, 

including student survey results and school discipline data, 

which may include information such as the incidence of 

school violence, bullying, in-school student suspensions, 

out-of-school student suspensions, expulsions, referrals to 

law enforcement, school-based arrests, disciplinary transfers (including placements in alternative schools), and student detentions. 

(F) Other data that, in conjunction with the local educational agency report card described in subsection (d), is 

determined, by the State or local educational agency in consultation with parents, families, and educators, to be necessary to allow parents, families, and community members 

to understand, and compare with other schools in the local 

educational agency and across the State, the resources 

available to the school that influence the outcomes for students. 

(3) ADDITIONAL INFORMATION.—In addition to the information that parents of students may request under paragraph (1), 

a school that receives funds under this subpart shall provide to 

each individual parent, with respect to the student— 

(A) information on the level of achievement and academic growth of the student on each of the State academic 

assessments as required under this subpart; and 

(B) timely notice that the student has been assigned, or 

has been taught for 4 or more consecutive weeks by, a 

teacher who does not hold a State qualification or license 

to teach at the grade level and subject area in which the 

teacher has been assigned. 

(4) FORMAT.—The notice and information provided to parents under this subsection shall be in an understandable and 

uniform format and, to the extent practicable, provided in a 

language that the parents can understand. 

(h) PRIVACY.—Information collected under this section shall be 

collected and disseminated in a manner that protects the privacy of 

individuals. 

(i) TECHNICAL ASSISTANCE.—The Secretary shall provide a 

State educational agency, at the State educational agency’s request, 

with technical assistance in meeting the requirements of this section. 

(j) CONSTRUCTION.—Nothing in this part shall be construed to 

prescribe the use of the academic assessments described in this part 

for student promotion or graduation purposes. 

(k) SPECIAL RULE WITH RESPECT TO BUREAU-FUNDED

SCHOOLS.—In determining the assessments to be used by each 

school operated or funded by the Bureau of Indian Education of the 

Department of Interior that receives funds under this part, the following shall apply: 

(1) STATE ACCREDITED SCHOOLS.—Each such school accredited by the State in which it is operating shall use the assessments the State has developed and implemented to meet the requirements of this section, or such other appropriate assessment 

as approved by the Secretary of the Interior. 

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(2) REGIONALLY ACCREDITED SCHOOLS.—Each such school 

accredited by a regional accrediting organization shall adopt 

appropriate assessments, in consultation with and with the approval of, the Secretary of the Interior and consistent with assessments adopted by other schools in the same State or region, 

that meets the requirements of this section. 

(3) TRIBALLY ACCREDITED SCHOOLS.—Each such school accredited by a tribal accrediting agency or tribal division of education shall use assessments developed by such agency or division, except that the Secretary of the Interior shall ensure that 

such assessments meet the requirements of this section. 

øSEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 

ø(a) PLANS REQUIRED.— 

ø(1) SUBGRANTS.—A local educational agency may receive 

a subgrant under this part for any fiscal year only if such 

agency has on file with the State educational agency a plan, 

approved by the State educational agency, that is coordinated 

with other programs under this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the McKinney-Vento Homeless Assistance Act, and other Acts, as appropriate. 

ø(2) CONSOLIDATED APPLICATION.—The plan may be submitted as part of a consolidated application under section 9305. 

ø(b) PLAN PROVISIONS.— 

ø(1) IN GENERAL.—In order to help low-achieving children 

meet challenging achievement academic standards, each local 

educational agency plan shall include— 

ø(A) a description of high-quality student academic assessments, if any, that are in addition to the academic assessments described in the State plan under section 

1111(b)(3), that the local educational agency and schools 

served under this part will use— 

ø(i) to determine the success of children served 

under this part in meeting the State student academic 

achievement standards, and to provide information to 

teachers, parents, and students on the progress being 

made toward meeting the State student academic 

achievement standards described in section 

1111(b)(1)(D)(ii); 

ø(ii) to assist in diagnosis, teaching, and learning 

in the classroom in ways that best enable low-achieving children served under this part to meet State student achievement academic standards and do well in 

the local curriculum; 

ø(iii) to determine what revisions are needed to 

projects under this part so that such children meet the 

State student academic achievement standards; and 

ø(iv) to identify effectively students who may be at 

risk for reading failure or who are having difficulty 

reading, through the use of screening, diagnostic, and 

classroom-based instructional reading assessments, as 

defined under section 1208; 

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tion to the academic indicators described in section 1111 

for the uses described in such section; 

ø(C) a description of how the local educational agency 

will provide additional educational assistance to individual 

students assessed as needing help in meeting the State’s 

challenging student academic achievement standards; 

ø(D) a description of the strategy the local educational 

agency will use to coordinate programs under this part 

with programs under title II to provide professional development for teachers and principals, and, if appropriate, 

pupil services personnel, administrators, parents and other 

staff, including local educational agency level staff in accordance with sections 1118 and 1119; 

ø(E) a description of how the local educational agency 

will coordinate and integrate services provided under this 

part with other educational services at the local educational agency or individual school level, such as— 

ø(i) Even Start, Head Start, Reading First, Early 

Reading First, and other preschool programs, including plans for the transition of participants in such programs to local elementary school programs; and 

ø(ii) services for children with limited English proficiency, children with disabilities, migratory children, 

neglected or delinquent youth, Indian children served 

under part A of title VII, homeless children, and immigrant children in order to increase program effectiveness, eliminate duplication, and reduce fragmentation 

of the instructional program; 

ø(F) an assurance that the local educational agency 

will participate, if selected, in the State National Assessment of Educational Progress in 4th and 8th grade reading 

and mathematics carried out under section 303(b)(2) of the 

National Assessment of Educational Progress Authorization Act; 

ø(G) a description of the poverty criteria that will be 

used to select school attendance areas under section 1113; 

ø(H) a description of how teachers, in consultation 

with parents, administrators, and pupil services personnel, 

in targeted assistance schools under section 1115, will 

identify the eligible children most in need of services under 

this part; 

ø(I) a general description of the nature of the programs to be conducted by such agency’s schools under sections 1114 and 1115 and, where appropriate, educational 

services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in community day school 

programs; 

ø(J) a description of how the local educational agency 

will ensure that migratory children and formerly migratory children who are eligible to receive services under this 

part are selected to receive such services on the same basis 

as other children who are selected to receive services 

under this part; 

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ø(K) if appropriate, a description of how the local educational agency will use funds under this part to support 

preschool programs for children, particularly children participating in Early Reading First, or in a Head Start or 

Even Start program, which services may be provided directly by the local educational agency or through a subcontract with the local Head Start agency designated by 

the Secretary of Health and Human Services under section 

641 of the Head Start Act, or an agency operating an Even 

Start program, an Early Reading First program, or another comparable public early childhood development program; 

ø(L) a description of the actions the local educational 

agency will take to assist its low-achieving schools identified under section 1116 as in need of improvement; 

ø(M) a description of the actions the local educational 

agency will take to implement public school choice and 

supplemental services, consistent with the requirements of 

section 1116; 

ø(N) a description of how the local educational agency 

will meet the requirements of section 1119; 

ø(O) a description of the services the local educational 

agency will provide homeless children, including services 

provided with funds reserved under section 1113(c)(3)(A); 

ø(P) a description of the strategy the local educational 

agency will use to implement effective parental involvement under section 1118; and 

ø(Q) where appropriate, a description of how the local 

educational agency will use funds under this part to support after school (including before school and summer 

school) and school-year extension programs. 

ø(2) EXCEPTION.—The academic assessments and indicators described in subparagraphs (A) and (B) of paragraph (1) 

shall not be used— 

ø(A) in lieu of the academic assessments required 

under section 1111(b)(3) and other State academic indicators under section 1111(b)(2); or 

ø(B) to reduce the number of, or change which, schools 

would otherwise be subject to school improvement, corrective action, or restructuring under section 1116, if such additional assessments or indicators described in such subparagraphs were not used, but such assessments and indicators may be used to identify additional schools for school 

improvement or in need of corrective action or restructuring. 

ø(c) ASSURANCES.— 

ø(1) IN GENERAL.—Each local educational agency plan 

shall provide assurances that the local educational agency 

will— 

ø(A) inform eligible schools and parents of schoolwide 

program authority and the ability of such schools to consolidate funds from Federal, State, and local sources; 

ø(B) provide technical assistance and support to 

schoolwide programs; 

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ø(C) work in consultation with schools as the schools 

develop the schools’ plans pursuant to section 1114 and assist schools as the schools implement such plans or undertake activities pursuant to section 1115 so that each school 

can make adequate yearly progress toward meeting the 

State student academic achievement standards; 

ø(D) fulfill such agency’s school improvement responsibilities under section 1116, including taking actions 

under paragraphs (7) and (8) of section 1116(b); 

ø(E) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1120, and timely and meaningful consultation with private school officials regarding such services; 

ø(F) take into account the experience of model programs for the educationally disadvantaged, and the findings of relevant scientifically based research indicating 

that services may be most effective if focused on students 

in the earliest grades at schools that receive funds under 

this part; 

ø(G) in the case of a local educational agency that 

chooses to use funds under this part to provide early childhood development services to low-income children below 

the age of compulsory school attendance, ensure that such 

services comply with the education performance standards 

in effect under section 641A(a)(1)(B) of the Head Start Act; 

ø(H) work in consultation with schools as the schools 

develop and implement their plans or activities under sections 1118 and 1119; 

ø(I) comply with the requirements of section 1119 regarding the qualifications of teachers and paraprofessionals and professional development; 

ø(J) inform eligible schools of the local educational 

agency’s authority to obtain waivers on the school’s behalf 

under title IX and, if the State is an Ed-Flex Partnership 

State, to obtain waivers under the Education Flexibility 

Partnership Act of 1999; 

ø(K) coordinate and collaborate, to the extent feasible 

and necessary as determined by the local educational 

agency, with the State educational agency and other agencies providing services to children, youth, and families 

with respect to a school in school improvement, corrective 

action, or restructuring under section 1116 if such a school 

requests assistance from the local educational agency in 

addressing major factors that have significantly affected 

student achievement at the school; 

ø(L) ensure, through incentives for voluntary transfers, the provision of professional development, recruitment programs, or other effective strategies, that low-income students and minority students are not taught at 

higher rates than other students by unqualified, out-offield, or inexperienced teachers; 

ø(M) use the results of the student academic assessments required under section 1111(b)(3), and other measures or indicators available to the agency, to review annumstockstill on DSK4VPTVN1PROD with HEARINGS

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ally the progress of each school served by the agency and 

receiving funds under this part to determine whether all 

of the schools are making the progress necessary to ensure 

that all students will meet the State’s proficient level of 

achievement on the State academic assessments described 

in section 1111(b)(3) within 12 years from the end of the 

2001–2002 school year; 

ø(N) ensure that the results from the academic assessments required under section 1111(b)(3) will be provided to 

parents and teachers as soon as is practicably possible 

after the test is taken, in an understandable and uniform 

format and, to the extent practicable, provided in a language that the parents can understand; and 

ø(O) assist each school served by the agency and assisted under this part in developing or identifying examples of high-quality, effective curricula consistent with section 1111(b)(8)(D). 

ø(2) SPECIAL RULE.—In carrying out subparagraph (G) of 

paragraph (1), the Secretary— 

ø(A) shall consult with the Secretary of Health and 

Human Services and shall establish procedures (taking 

into consideration existing State and local laws, and local 

teacher contracts) to assist local educational agencies to 

comply with such subparagraph; and 

ø(B) shall disseminate to local educational agencies 

the education performance standards in effect under section 641A(a)(1)(B) of the Head Start Act, and such agencies affected by such subparagraph shall plan for the implementation of such subparagraph (taking into consideration existing State and local laws, and local teacher contracts), including pursuing the availability of other Federal, State, and local funding sources to assist in compliance with such subparagraph. 

ø(3) INAPPLICABILITY.—Paragraph (1)(G) of this subsection 

shall not apply to preschool programs using the Even Start 

model or to Even Start programs that are expanded through 

the use of funds under this part. 

ø(d) PLAN DEVELOPMENT AND DURATION.— ø(1) CONSULTATION.—Each local educational agency plan 

shall be developed in consultation with teachers, principals, administrators (including administrators of programs described 

in other parts of this title), and other appropriate school personnel, and with parents of children in schools served under 

this part. 

ø(2) DURATION.—Each such plan shall be submitted for the 

first year for which this part is in effect following the date of 

enactment of the No Child Left Behind Act of 2001 and shall 

remain in effect for the duration of the agency’s participation 

under this part. 

ø(3) REVIEW.—Each local educational agency shall periodically review and, as necessary, revise its plan. 

ø(e) STATE APPROVAL.— ø(1) IN GENERAL.—Each local educational agency plan 

shall be filed according to a schedule established by the State 

educational agency. 

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ø(2) APPROVAL.—The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s 

plan— 

ø(A) enables schools served under this part to substantially help children served under this part meet the academic standards expected of all children described in section 1111(b)(1); and 

ø(B) meets the requirements of this section. 

ø(3) REVIEW.—The State educational agency shall review 

the local educational agency’s plan to determine if such agencies activities are in accordance with sections 1118 and 1119. 

ø(f) PROGRAM RESPONSIBILITY.—The local educational agency 

plan shall reflect the shared responsibility of schools, teachers, and 

the local educational agency in making decisions regarding activities under sections 1114 and 1115. 

ø(g) PARENTAL NOTIFICATION.— 

ø(1) IN GENERAL.— 

ø(A) NOTICE.—Each local educational agency using 

funds under this part to provide a language instruction 

educational program as determined in part C of title III 

shall, not later than 30 days after the beginning of the 

school year, inform a parent or parents of a limited 

English proficient child identified for participation or participating in, such a program of— 

ø(i) the reasons for the identification of their child 

as limited English proficient and in need of placement 

in a language instruction educational program; 

ø(ii) the child’s level of English proficiency, how 

such level was assessed, and the status of the child’s 

academic achievement; 

ø(iii) the methods of instruction used in the program in which their child is, or will be participating, 

and the methods of instruction used in other available 

programs, including how such programs differ in content, instructional goals, and the use of English and a 

native language in instruction; 

ø(iv) how the program in which their child is, or 

will be participating, will meet the educational 

strengths and needs of their child; 

ø(v) how such program will specifically help their 

child learn English, and meet age-appropriate academic achievement standards for grade promotion and 

graduation; 

ø(vi) the specific exit requirements for the program, including the expected rate of transition from 

such program into classrooms that are not tailored for 

limited English proficient children, and the expected 

rate of graduation from secondary school for such program if funds under this part are used for children in 

secondary schools; 

ø(vii) in the case of a child with a disability, how 

such program meets the objectives of the individualized education program of the child; 

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ø(viii) information pertaining to parental rights 

that includes written guidance— 

ø(I) detailing— 

ø(aa) the right that parents have to have 

their child immediately removed from such 

program upon their request; and 

ø(bb) the options that parents have to decline to enroll their child in such program or 

to choose another program or method of instruction, if available; and 

ø(II) assisting parents in selecting among various programs and methods of instruction, if more 

than one program or method is offered by the eligible entity. 

ø(B) SEPARATE NOTIFICATION.—In addition to providing the information required to be provided under paragraph (1), each eligible entity that is using funds provided 

under this part to provide a language instruction educational program, and that has failed to make progress on 

the annual measurable achievement objectives described in 

section 3122 for any fiscal year for which part A is in effect, shall separately inform a parent or the parents of a 

child identified for participation in such program, or participating in such program, of such failure not later than 

30 days after such failure occurs. 

ø(2) NOTICE.—The notice and information provided in 

paragraph (1) to a parent or parents of a child identified for 

participation in a language instruction educational program for 

limited English proficient children shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. 

ø(3) SPECIAL RULE APPLICABLE DURING THE SCHOOL

YEAR.—For those children who have not been identified as limited English proficient prior to the beginning of the school year 

the local educational agency shall notify parents within the 

first 2 weeks of the child being placed in a language instruction educational program consistent with paragraphs (1) and 

(2). 

ø(4) PARENTAL PARTICIPATION.—Each local educational 

agency receiving funds under this part shall implement an effective means of outreach to parents of limited English proficient students to inform the parents regarding how the parents can be involved in the education of their children, and be 

active participants in assisting their children to attain English 

proficiency, achieve at high levels in core academic subjects, 

and meet challenging State academic achievement standards 

and State academic content standards expected of all students, 

including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to 

recommendations from parents of students assisted under this 

part. 

ø(5) BASIS FOR ADMISSION OR EXCLUSION.—A student shall 

not be admitted to, or excluded from, any federally assisted 

education program on the basis of a surname or language-minority status.¿ 

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SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 

(a) PLANS REQUIRED.— 

(1) SUBGRANTS.—A local educational agency may receive a 

subgrant under the program under this subpart and subpart 2 

for any fiscal year only if such agency has on file with the State 

educational agency a plan, approved by the State educational 

agency, that is coordinated with other programs under this Act, 

the Individuals with Disabilities Education Act, the Carl D. 

Perkins Career and Technical Education Act of 2006, the 

McKinney-Vento Homeless Assistance Act, and other Acts, as 

appropriate, and activities under title IX of the Education 

Amendments of 1972. 

(2) CONSOLIDATED APPLICATION.—The plan may be submitted as part of a consolidated application under section 9305. 

(b) PLAN DEVELOPMENT AND DURATION.— 

(1) CONSULTATION.—Each local educational agency plan 

shall be developed in consultation with— 

(A) teachers, principals, administrators, and other appropriate school personnel; 

(B) representatives of early childhood education programs in the geographic area served by the local educational agency, as appropriate; and 

(C) parents and family members of children in schools 

served under this subpart. 

(2) DURATION.—Each local educational agency plan shall 

be submitted pursuant to this section for the first year for which 

this part is in effect following the date of enactment of the 

Strengthening America’s Schools Act of 2013, and such plan 

shall remain in effect until the date of renewal as determined 

under paragraph (4) by the State. 

(3) REVIEW.—Each local educational agency shall periodically review and, as necessary, revise its plan to reflect changes 

in the local educational agency’s strategies and programs under 

this part, and changes in the State performance targets under 

section 1111(a)(3)(C). 

(4) RENEWAL.—A local educational agency that desires to 

continue participating in the program under this subpart and 

subpart 2 shall submit a renewed plan on a periodic basis, as 

determined by the State. 

(c) STATE APPROVAL.— (1) IN GENERAL.—Each local educational agency plan shall 

be filed according to a schedule established by the State educational agency. 

(2) APPROVAL.—The State educational agency shall approve 

a local educational agency’s plan only if the State educational 

agency determines that the local educational agency’s plan— 

(A) enables schools served under this subpart to substantially help children served under this part meet the 

academic content and student academic achievement standards expected of all children described in section 1111(a)(1) 

and the performance targets described in section 

1111(a)(3)(C); and 

(B) meets the requirements of this part. 

(d) PLAN PROVISIONS.—In order to help low-achieving children 

meet college and career ready student academic achievement standmstockstill on DSK4VPTVN1PROD with HEARINGS

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ards, and to close the achievement gap between high- and lowachieving children each local educational agency plan shall describe 

each of the following: 

(1) How the local educational agency will work with each 

of the schools served by the agency to— 

(A) develop and implement a comprehensive program 

of instruction to meet the academic needs of all students; 

(B) identify quickly and effectively students who may 

be at risk for academic failure; 

(C) provide additional educational assistance to individual students assessed as needing help in meeting the 

State’s college and career ready student academic achievement standards; 

(D) identify significant gaps in student achievement 

among subgroups of students identified under section 

1111(a)(2)(B)(x) and develop strategies to reduce such gaps 

in achievement; and 

(E) identify and implement effective methods and instructional strategies that are based on scientifically valid 

research intended to strengthen the core academic programs of the schools, including using multi-tiered systems 

of support, universal design for learning, and positive behavioral interventions and supports. 

(2) How the local educational agency will monitor and 

evaluate the effectiveness of school programs in improving student academic achievement and academic growth, especially for 

students described in section 1111(a)(3)(B)(ii)(III). 

(3) The strategy the local educational agency will use to implement effective parent and family engagement under section 

1118. 

(4) How the local educational agency will coordinate and 

integrate services provided under this part with other highquality early childhood education programs at the local educational agency or individual school level (including programs 

under section 619 of the Individuals with Disabilities Education Act) that include plans for the transition of participants 

in such programs to local elementary school programs and, if 

appropriate, a description of how the local educational agency 

will use funds provided under this subpart and subpart 2 to 

support preschool programs for children, particularly children 

participating in a Head Start program, which may be provided 

directly by the local educational agency or through a subcontract with the Head Start agency designated by the Secretary of Health and Human Services under section 641 of the 

Head Start Act, or another comparable public early childhood 

education program. 

(5) How activities under this part will be coordinated and 

integrated with Federal, State, and local services and programs, including programs supported under this Act, the Carl 

D. Perkins Career and Technical Education Act of 2006, the Individuals with Disabilities Education Act, the Rehabilitation 

Act of 1973 (29 U.S.C. 701 et seq.), the Head Start Act (42 

U.S.C. 9831 et seq.), the Child Care and Development Block 

Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the Workforce 

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Investment Act of 1998 (29 U.S.C. 2801 et seq.), violence prevention programs, nutrition programs, and housing programs. 

(6) How the local educational agency will coordinate and 

integrate services provided under the program under this subpart and subpart 2 with local workforce development programs 

that serve disadvantaged or out-of-school youth, such as those 

providing workforce investment activities under chapter 4 of 

subtitle B of title I of the Workforce Investment Act of 1998 (29 

U.S.C. 2851 et seq.), including a description of how the local 

educational agency will use funds provided under this subpart 

and subpart 2 to support such activities. 

(7) The poverty criteria that will be used to select school attendance areas under section 1113. 

(8) How teachers, in consultation with parents and family 

members, administrators, and specialized instructional support 

personnel, in targeted assistance schools under section 1115, 

will identify the eligible children most in need of services under 

this part. 

(9) How the local educational agency will identify and address any disparities in the equitable distribution of teachers, 

consistent with the requirements of section 1111(b)(1)(R). 

(10) How the local educational agency will provide for the 

equitable distribution of elementary school teachers, and of secondary school teachers, within local educational agencies and 

the State using data on the percentage and distribution of the 

categories of teachers described in subsection (e)(13). 

(11) A general description of the nature of the programs to 

be conducted by such agency’s schools under sections 1114 and 

1115 and, where appropriate, educational services outside such 

schools for children living in local institutions for neglected or 

delinquent children, and for neglected and delinquent children 

in community day school programs. 

(12) A description of— 

(A) how the local educational agency will provide opportunities for the enrollment, attendance, and success of 

homeless children and youths; and 

(B) the services the local educational agency will provide homeless children and youths, including services provided with funds reserved under section 1113(c)(3), and 

how those services may differ from those provided in prior 

years. 

(13) A description of the support the local educational agency will provide for homeless children and youths, consistent 

with the requirements of the McKinney-Vento Homeless Assistance Act. 

(14) For each quartile of schools in the local educational 

agency based on school poverty level and for high-minority 

schools and low-minority schools in the local educational agency, data regarding access at the high school level to rigorous 

coursework, including— 

(A) access to opportunities to earn postsecondary credit 

while in high school, such as through Advanced Placement 

and International Baccalaureate courses and examinations, 

dual enrollment, and early college high schools; and 

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(B) student performance on Advanced Placement and 

International Baccalaureate course examinations. 

(15) How the local educational agency will identify and address any disparity within the student subgroups described in 

section 1111(a)(3)(D) in equitable access to rigorous coursework, 

including access to opportunities described in paragraph 

(14)(A). 

(16) How the local educational agency will engage in timely, on-going, and meaningful consultation with representatives 

of Indian tribes in the area served by such local educational 

agency to improve the coordination of activities under this Act 

and to meet the unique cultural, language, and academic needs 

of Indian and Native Hawaiian students. 

(17) How the local educational agency will implement strategies to facilitate effective transitions for students from middle 

school to high school and from high school to postsecondary 

education, including access to dual enrollment and early college 

high schools. 

(18) If the local educational agency proposes to use 

subgrant funds under the program under this subpart and subpart 2 for positive behavioral interventions and supports, a description of the actions the local educational agency will take to 

provide positive behavioral interventions and supports and coordinate those activities with activities carried out under the Individuals with Disabilities Education Act. 

(19) If the local educational agency proposes to use such 

subgrant funds for early intervening services, a description of 

the actions the local educational agency will take to provide 

early intervening services and coordinate those services with 

early intervening services carried out under the Individuals 

with Disabilities Education Act. 

(20) If the local educational agency proposes to use such 

subgrant funds for school-based mental health programs, a description of the actions the local educational agency will take to 

provide school-based mental health programs and coordinate 

those activities with activities carried out under the Individuals 

with Disabilities Education Act. 

(21) If the local educational agency proposes to use such 

subgrant funds for periodically updating the crisis management 

plan of the local educational agency, as described in section 

4202(5)(B)(iv), a description of the actions the local educational 

agency will take to develop and implement an updated crisis 

management plan. 

(22) A description of how the local educational agency will 

plan for pregnant and parenting students to be enrolled, attend, 

and succeed in school. 

(e) ASSURANCES.—Each local educational agency plan shall 

provide assurances that the local educational agency will— 

(1) use the results of the academic assessments required 

under section 1111(a)(2), and other measures or indicators 

available to the agency, to review annually the progress of each 

school served by the agency and receiving funds under the program under this subpart and subpart 2 to determine whether 

all of the schools are making the progress necessary to ensure 

all students will be performing at or above grade level on the 

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State academic assessments required under such section, in accordance with the ambitious targets described in the State plan 

under section 1111(a)(3)(C); 

(2) provide to parents and teachers the results from the academic assessments required under section 1111(a)(2) as soon as 

is practicably possible after the test is taken in an understandable and uniform format and, to the extent possible, provided 

in a language that the parents and, to the greatest extent practicable, family members, can understand; 

(3) participate, if selected, in State academic assessments of 

student achievement in reading and mathematics in grades 4 

and 8 carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act; 

(4) fulfill such agency’s school improvement responsibilities 

under section 1116; 

(5) ensure that migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part; 

(6) engage in timely and meaningful consultation with representatives of Indian tribes located in the area served by the 

local educational agency; 

(7) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1119, and timely and meaningful consultation with private 

school officials regarding such services; 

(8) inform eligible schools of the local educational agency’s 

authority to obtain waivers on the school’s behalf under applicable Federal flexibility provisions; 

(9) in the case of a local educational agency that chooses to 

use funds under the program under this subpart and subpart 

2 to provide early childhood education services to low-income 

children below the age of compulsory school attendance, ensure 

that such services comply with the education performance 

standards in effect under section 641A(a)(1)(B) of the Head 

Start Act (42 U.S.C. 9836a(a)(1)(B)); 

(10) comply with the requirements of section 1501 that relate to the local educational agency and describe the local educational agency’s plan to ensure such compliance; 

(11) comply with the requirements of subtitle B of title VII 

of the McKinney-Vento Homeless Assistance Act that relate to 

the local educational agency; 

(12) annually submit to the State educational agency the 

information contained in each school equity report card described in section 1111(g)(2); and 

(13) annually submit to the State educational agency, for 

each quartile of schools in the local educational agency based 

on school poverty level and for high-minority schools and lowminority schools in the local educational agency, data regarding the percentage and distribution of the following categories 

of teachers: 

(A) Teachers who are new. 

(B) Teachers who have not completed a teacher preparation program. 

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(C) Teachers who are not teaching in the subject or 

field for which the teacher is certified or licensed. 

(D) Where applicable, teachers who have the highest or 

lowest ratings in a professional growth and improvement 

system. 

(f) PARENTAL NOTIFICATION REGARDING LANGUAGE INSTRUCTION PROGRAMS.— 

(1) IN GENERAL.—Each local educational agency using 

funds under the program under this subpart and subpart 2 to 

provide a language instruction educational program as defined 

in section 3201 shall, not later than 30 days after the beginning 

of the school year, inform a parent or parents of an English 

learner identified for participation or participating in, such a 

program of— 

(A) the reasons for the identification of their child as 

an English learner and in need of placement in a language 

instruction educational program; 

(B) the child’s level of English proficiency, how such 

level was assessed, and the status of the child’s academic 

achievement; 

(C) the methods of instruction used in the program in 

which their child is, or will be, participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional 

goals, and the use of English and a native language in instruction; 

(D) how the program in which their child is, or will be, 

participating, will meet the educational strengths and 

needs of their child; 

(E) how such program will specifically help their child 

learn English, and meet age-appropriate academic achievement standards for grade promotion and graduation; 

(F) the specific exit requirements for the program, including the expected rate of transition from such program 

into classrooms that are not tailored for English learners, 

and the expected rate of graduation from secondary school 

for such program if funds provided under this subpart or 

subpart 2 are used for children in secondary schools; 

(G) in the case of a child with a disability, how such 

program meets the objectives of the individualized education program of the child; and 

(H) information pertaining to parental rights that includes written guidance— 

(i) detailing— 

(I) the right that parents have to have their 

child immediately removed from such program 

upon their request; and 

(II) the options that parents have to decline to 

enroll their child in such program or to choose another program or method of instruction, if available; and 

(ii) assisting parents in selecting among various 

programs and methods of instruction, if more than 1 

program or method is offered by the eligible entity. 

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(2) NOTICE.—The notice and information provided in paragraph (1) to a parent or parents of a child identified for participation in a language instruction educational program for 

English learners shall be in an understandable and uniform 

format and, to the extent practicable, provided in a language 

that the parents can understand. 

(3) SPECIAL RULE APPLICABLE DURING THE SCHOOL YEAR.— For those children who have not been identified as English 

learners prior to the beginning of the school year and who are 

subsequently so identified, the local educational agency shall 

notify the parents of such children within the first 2 weeks of 

the child being placed in a language instruction educational 

program consistent with paragraphs (1) and (2). 

(4) PARENTAL PARTICIPATION.—Each local educational 

agency receiving funds under the program under this subpart 

and subpart 2 shall implement an effective means of outreach 

to parents and, to the extent practicable, family members, of 

English learner students to inform the parents and family 

members regarding how the parents and family members can 

be involved in the education of their children, and be active 

participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and 

meet college and career ready State student academic achievement standards and State academic content standards expected 

of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating 

and responding to recommendations from parents and family 

members of students assisted under this subpart or subpart 2. 

(5) BASIS FOR ADMISSION OR EXCLUSION.—A student shall 

not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority 

status. 

SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS. 

(a) DETERMINATION.— 

(1) IN GENERAL.—* * * 

* * * * * * * 

ø(3) RANKING ORDER.—If funds allocated in accordance 

with subsection (c) are insufficient to serve all eligible school 

attendance areas, a local educational agency shall— 

ø(A) annually rank, without regard to grade spans, 

such agency’s eligible school attendance areas in which the 

concentration of children from low-income families exceeds 

75 percent from highest to lowest according to the percentage of children from low-income families; and 

ø(B) serve such eligible school attendance areas in 

rank order.¿ 

(3) RANKING ORDER.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), if funds allocated in accordance with subsection (c) are 

insufficient to serve all eligible school attendance areas, a 

local educational agency shall— 

(i) annually rank, without regard to grade spans, 

such agency’s eligible school attendance areas in which 

the concentration of children from low-income families 

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exceeds 75 percent, or exceeds 50 percent in the case of 

the high schools served by such agency, from highest to 

lowest according to the percentage of children from 

low-income families; and 

(ii) serve such eligible school attendance areas in 

rank order. 

(B) APPLICABILITY.—A local educational agency shall 

not be required to reduce, in order to comply with subparagraph (A), the amount of funding provided under the program under this subpart and subpart 2 to elementary 

schools and middle schools from the amount of funding 

provided under this part to such schools for the fiscal year 

preceding the date of enactment of the Strengthening America’s Schools Act of 2013 in order to provide funding under 

such subparts to high schools pursuant to subparagraph 

(A). 

* * * * * * * 

ø(5) MEASURES.—The local educational agency shall use 

the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the 

most recent census data approved by the Secretary, the number of children eligible for free and reduced priced lunches 

under the Richard B. Russell National School Lunch Act, the 

number of children in families receiving assistance under the 

State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical 

assistance under the Medicaid program, or a composite of such 

indicators, with respect to all school attendance areas in the 

local educational agency— 

ø(A) to identify eligible school attendance areas; 

ø(B) to determine the ranking of each area; and 

ø(C) to determine allocations under subsection (c).¿ 

(5) MEASURES.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the local educational agency shall use the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of 

children eligible for free and reduced priced lunches under 

the Richard B. Russell National School Lunch Act (42 

U.S.C. 1751 et seq.), the number of children in families receiving assistance under the State program funded under 

part A of title IV of the Social Security Act (42 U.S.C. 601 

et seq.), or the number of children eligible to receive medical assistance under the Medicaid program, or a composite 

of such indicators, with respect to all school attendance 

areas in the local educational agency— 

(i) to identify eligible school attendance areas; 

(ii) to determine the ranking of each area; and 

(iii) to determine allocations under subsection (c). 

(B) LOW-INCOME FAMILIES IN SECONDARY SCHOOLS.— 

For measuring the number of students in low-income families in secondary schools, the local educational agency shall 

use the same measure of poverty, which shall be the calmstockstill on DSK4VPTVN1PROD with HEARINGS

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culation producing the greater of the results from among 

the following 2 calculations: 

(i) The calculation described under subparagraph 

(A). 

(ii) A feeder pattern described in subparagraph 

(C). 

(C) FEEDER PATTERN.—In this paragraph, the term 

‘‘feeder pattern’’ means an accurate estimate of the number 

of students in low-income families in a secondary school 

that is calculated by applying the average percentage of 

students in low-income families of the elementary school attendance areas as calculated under subparagraph (A) that 

feed into the secondary school to the number of students enrolled in such school. 

(7) WAIVER FOR DESEGREGATION PLANS.—* * * 

* * * * * * * 

(8) RESERVATION FOR EARLY CHILDHOOD EDUCATION.—A 

local educational agency may reserve funds made available to 

carry out this section for early childhood education in eligible 

school attendance areas before making allocations to high 

schools in eligible school attendance areas pursuant to this section. 

(b) LOCAL EDUCATIONAL AGENCY DISCRETION.— 

(1) IN GENERAL.—Notwithstanding subsection (a)(2), a local 

educational agency may— 

(A) * * * 

* * * * * * * 

(D) elect not to serve an eligible school attendance 

area or eligible school that has a higher percentage of children from low-income families if— 

(i) the school meets the comparability requirements of øsection 1120A(c)¿section 1120(c); 

* * * * * * * 

(c) ALLOCATIONS.— 

(1) IN GENERAL.—* * * 

* * * * * * * 

ø(3) RESERVATION.—A local educational agency shall reserve such funds as are necessary under this part to provide 

services comparable to those provided to children in schools 

funded under this part to serve— 

ø(A) homeless children who do not attend participating 

schools, including providing educationally related support 

services to children in shelters and other locations where 

children may live; 

ø(B) children in local institutions for neglected children; and 

ø(C) if appropriate, children in local institutions for 

delinquent children, and neglected or delinquent children 

in community day school programs.¿ 

(3) RESERVATION FOR HOMELESS CHILDREN AND YOUTH AND

OTHER AT-RISK CHILDREN.— 

(A) FUNDS FOR HOMELESS CHILDREN AND YOUTH AND

OTHER AT-RISK CHILDREN.—A local educational agency 

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shall reserve such funds as are necessary under the program under this subpart and subpart 2 to serve— 

(i) homeless children who are attending any public 

school served by the local educational agency, including providing educationally related support services to 

children in shelters and other locations where children 

may live; 

(ii) children in local institutions for neglected children; 

(iii) if appropriate, children in local institutions 

for delinquent children, and neglected or delinquent 

children in community day programs; and 

(iv) children in foster care (as defined in section 

1502), including providing points of contact (as described in section 1501(d)) in local educational agencies for child welfare agencies and children in foster 

care. 

(B) RESERVATION OF FUNDS.—Notwithstanding the requirements of subsections (b) and (c) of section 1120, funds 

reserved under subparagraph (A) may be used to provide 

homeless children and youths with services not ordinarily 

provided to other students under this part, including— 

(i) providing funding for the liaison designated 

pursuant to section 722(g)(1)(J)(ii) of the McKinneyVento Homeless Assistance Act; 

(ii) providing transportation pursuant to section 

722(g)(1)(J)(iii) of such Act; 

(iii) providing services to preschool-aged homeless 

children and homeless secondary school students; 

(iv) providing support services to homeless children 

and youths in shelters and other locations where they 

may live; and 

(v) removing barriers to homeless children and 

youths’ enrollment, attendance, retention, and success 

in school. 

(C) AMOUNT RESERVED.—The amount of funds reserved 

in accordance with subparagraph (A)(i) shall be determined 

by an assessment of the needs of homeless children and 

youths in the local educational agency. Such needs assessment shall include the following: 

(i) Information related to child, youth, and family 

homelessness in the local educational agency obtained 

through the coordination and collaboration required 

under subsections (f)(4) and (g)(6) of section 722 of the 

McKinney-Vento Homeless Assistance Act. 

(ii) The number of homeless children and youths 

reported by the local educational agency to the State 

educational agency under section 722(f)(3) of the 

McKinney-Vento Homeless Assistance Act for the previous school year. 

(4) FINANCIAL INCENTIVES AND REWARDS RESERVATION.—A 

local educational agency may reserve such funds as are necessary from those funds received by the local educational agency under title II, and not more than 5 percent of those funds 

received by the local educational agency under subpart 2, to 

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provide financial incentives and rewards to teachers who serve 

in schools øeligible under this section and identified for school 

improvement, corrective action, and restructuring under section 1116(b)¿identified as a priority school under section 

1116(d) for the purpose of attracting and retaining qualified 

and effective teachers. 

SEC. 1114. SCHOOLWIDE PROGRAMS. 

(a) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.— 

(1) IN GENERAL.—A local educational agency may consolidate and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children 

are from low-income families, or not less than 40 percent of the 

children enrolled in the school are from such families. Funds 

provided under the program under this subpart and subpart 2 

may be used to support evidence-based activities that address 

needs identified through the comprehensive needs assessment 

under subsection (b)(1)(A) and consistent with the schoolwide 

program. 

(2) IDENTIFICATION OF STUDENTS NOT REQUIRED.— 

(A) IN GENERAL.—* * * 

(i) * * * 

(ii) to øprovide services to such children that are 

supplementary, as otherwise required by section 

1120A(b).¿identify particular services as supplemental. 

ø(B) SUPPLEMENTAL FUNDS.—A school participating in 

a schoolwide program shall use funds available to carry 

out this section only to supplement the amount of funds 

that would, in the absence of funds under this part, be 

made available from non-Federal sources for the school, including funds needed to provide services that are required 

by law for children with disabilities and children with limited English proficiency.¿ 

(B) SUPPLEMENTAL FUNDS.— 

(i) IN GENERAL.—A local educational agency serving a school participating in a schoolwide program 

shall use funds available to carry out this section only 

to supplement the aggregate amount of funds that 

would, in the absence of funds provided under the program under this subpart and subpart 2, be made available from State and local sources for the school, including funds needed to provide services that are required by law for children with disabilities and children who are English learners. 

(ii) COMPLIANCE.—To demonstrate compliance 

with clause (i), a local educational agency shall demonstrate that the methodology it uses to allocate State 

and local funds to each school receiving funds under 

the program under this subpart and subpart 2 ensures 

the school receives all of the State and local funds the 

school would otherwise receive if it were not receiving 

funds under this part. 

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(iii) NONAPPLICABILITY.—Section 1120(b) shall not 

apply to schools operating schoolwide programs under 

this section. 

(3) EXEMPTION FROM STATUTORY AND REGULATORY REQUIREMENTS.— 

(A) EXEMPTION.—* * * 

(B) REQUIREMENTS.—A school that chooses to use 

funds from such other programs shall not be relieved of 

the requirements relating to health, safety, civil rights, or 

student and parental participation and involvementø, services to private school children, maintenance of effort, comparability of services, uses of Federal funds to supplement, 

not supplant non-Federal funds, or the distribution of 

funds to State educational agencies or local educational 

agencies¿ that apply to the receipt of funds from such programs. 

* * * * * * * 

ø(4) PROFESSIONAL DEVELOPMENT.—Each school receiving 

funds under this part for any fiscal year shall devote sufficient 

resources to effectively carry out the activities described in 

subsection (b)(1)(D) in accordance with section 1119 for such 

fiscal year, except that a school may enter into a consortium 

with another school to carry out such activities.¿ 

(4) EXTERNAL PROVIDERS.—A school may carry out a 

schoolwide program under this subsection through an external 

provider if the school demonstrates, in the plan required under 

subsection (b)(2), that the external provider has expertise in 

using strategies and programs that are based on scientifically 

valid research to improve teaching, learning, and schools. 

(b) COMPONENTS OF A SCHOOLWIDE PROGRAM.— 

(1) IN GENERAL.—A schoolwide program shall include the 

following components: 

(A) A comprehensive needs assessment of the entire 

school (including taking into account the needs of migratory children as defined in øsection 1309(2)¿section 1312) 

that is based on information which includes the achievement of children in relation to the State academic content 

standards and the State student academic achievement 

standards described in øsection 1111(b)(1)¿section 

1111(a)(1). 

(B) Schoolwide reform strategies that— 

(i) provide opportunities for all children øto meet 

the State’s proficient and advanced levels of student 

academic achievement described in section 

1111(b)(1)(D)¿to be proficient or advanced students, as 

described in section 1111(a)(3)(B)(ii)(I); 

(ii) use effective methods and instructional strategies that are based on øscientifically based research¿scientifically valid research that— 

(I) * * * 

* * * * * * * 

(iii)(I) * * * 

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(aa) counseling, øpupil services¿specialized instructional support services, and mentoring services; 

(bb) college and career awareness and preparation, such as college and career guidance, personal finance education, and innovative teaching 

methods, which may include applied learning and 

team-teaching strategies; øand¿ 

(cc) the integration of øvocational and technical education programs; and¿career and technical education programs; 

(dd) implementation of schoolwide positive behavioral interventions and supports, including 

through coordination with activities carried out 

under the Individuals with Disabilities Education 

Act, in order to improve academic outcomes for 

students and reduce the need for suspensions, expulsions, and other actions that remove students 

from instruction; and 

(ee) implementation of early intervening services, including through coordination with early intervening services carried out under the Individuals with Disabilities Education Act; 

(II) address how the school will determine if such 

needs have been met; øand¿ 

(III) provide a multi-tier system of supports and 

positive behavioral interventions and supports; and 

(IV) provide programs, activities, courses, and professional development in the core academic subjects 

that are targeted toward assisting children described 

in subclause (I) in meeting the academic content and 

student academic achievement standards described in 

section 1111(a)(1); and 

(iv) * * * 

(C) Instruction by highly qualified and highly rated 

teachers. 

ø(D) In accordance with section 1119 and subsection 

(a)(4), high-quality and ongoing professional development 

for teachers, principals, and paraprofessionals and, if appropriate, pupil services personnel, parents, and other 

staff to enable all children in the school to meet the State’s 

student academic achievement standards.¿ 

ø(E)¿(D) Strategies to attract high-quality highly 

qualified and highly rated teachers to high-need schools. 

ø(F) Strategies to increase parental involvement in accordance with section 1118, such as family literary services.¿ 

ø(G)¿(E) Plans for assisting preschool children in the 

transition from early childhood programs, such as Head 

Startø, Even Start, Early Reading First,¿, programs under 

part A of title IV, or a State-run preschool program, to 

local elementary school programs. 

ø(H)¿(F) Measures to include teachers in the decisions 

regarding the use of academic assessments described in 

øsection 1111(b)(3)¿section 1111(a)(2) in order to provide 

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information on, and to improve, the achievement of individual students and the overall instructional program. 

ø(I)¿(G) Activities to ensure that østudents who experience difficulty mastering the proficient or advanced levels of academic achievement standards required by section 

1111(b)(1)¿students described in subclause (II) or (III) of 

section 1111(a)(3)(B)(ii) shall be provided with effective, 

timely additional assistance which shall include measures 

to ensure that students’ difficulties are identified on a 

timely basis and to provide sufficient information on which 

to base effective assistance. 

ø(J)¿(H) Coordination and integration of Federal, 

State, and local services and programs, including programs 

supported under this Act, violence prevention programs, 

nutrition programs, housing programs, Head Start, adult 

education, vocational and technical education, and job 

training. 

(2) PLAN.— (A) IN GENERAL.—Any eligible school that desires to 

operate a schoolwide program shall first develop (or amend 

a plan for such a program that was in existence on the day 

before the date of enactment of the øNo Child Left Behind 

Act of 2001), in consultation with the local educational 

agency and its school support team or other technical assistance provider under section 1117,¿Strengthening America’s Schools Act of 2013), in consultation with the local 

educational agency, a comprehensive plan for reforming 

the total instructional program in the school that— 

(i) * * * 

* * * * * * * 

(iv) describes how the school will provide individual student academic assessment results in a language the parents can understand, including an interpretation of those results, to the parents of a child who 

participates in the academic assessments required by 

øsection 1111(b)(3)¿section 1111(a)(2). 

(B) PLAN DEVELOPMENT.—The comprehensive plan 

shall be— 

(i) * * * 

(I) the local educational agencyø, after considering the recommendation of the technical assistance providers under section 1117,¿ determines 

that less time is needed to develop and implement 

the schoolwide program; or 

(II) the school is operating a schoolwide program on the day preceding the date of enactment 

of øthe No Child Left Behind Act of 2001¿the 

Strengthening America’s Schools Act of 2013, in 

which case such school may continue to operate 

such program, but shall develop amendments to 

its existing plan during the first year of assistance 

after that date to reflect the provisions of this section; 

(ii) developed with the involvement of parents and 

other members of the community to be served and inmstockstill on DSK4VPTVN1PROD with HEARINGS

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dividuals who will carry out such plan, including 

teachers, principals, and administrators (including administrators of programs described in other parts of 

this title), and, if appropriate, øpupil services personnel¿specialized instructional support personnel, technical assistance providers, school staff, and, if the 

plan relates to a secondary school, students from such 

school; 

* * * * * * * 

(v) if appropriate, developed in coordination with 

programs under øReading First, Early Reading First, 

Even Start,¿part A of title IV, the Carl D. Perkins Career and Technical Education Act of 2006, and the 

Head Start Act. 

(c) PREKINDERGARTEN PROGRAM.—A school that is eligible for 

a schoolwide program under this section may use funds made 

available under this part to establish or enhance prekindergarten 

programs for children below the age of 6, such as øEven Start programs or Early Reading First programs¿programs under part A of 

title IV. 

SEC. 1115. TARGETED ASSISTANCE SCHOOLS. 

(a) IN GENERAL.—* * * 

(b) ELIGIBLE CHILDREN.— (1) ELIGIBLE POPULATION.— (A) IN GENERAL.—* * * 

* * * * * * * 

(B) ELIGIBLE CHILDREN FROM ELIGIBLE POPULATION.— From the population described in subparagraph (A), eligible children are children identified by the school as failing, 

or most at risk of failing, to meet the State’s øchallenging¿college and career ready student academic achievement standards on the basis of multiple, educationally related, objective criteria established by the local educational 

agency and supplemented by the school, øexcept that children from preschool through grade 2 shall be selected solely on the basis of such criteria as teacher judgment, interviews with parents, and developmentally appropriate 

measures.¿including children who are at risk of failing to 

be ready for elementary school. 

(2) CHILDREN INCLUDED.— (A) IN GENERAL.—Children who are economically disadvantaged, children with disabilities, migrant children 

øor limited English proficient children¿, or English learners, are eligible for services under this part on the same 

basis as other children selected to receive services under 

this part. 

ø(B) HEAD START, EVEN START, OR EARLY READING

FIRST CHILDREN.—A child who, at any time in the 2 years 

preceding the year for which the determination is made, 

participated in a Head Start, Even Start, or Early Reading 

First program, or in preschool services under this title, is 

eligible for services under this part.¿ 

(B) HEAD START OR LITERACY PROGRAMS.—A child 

who, at any time in the 2 years preceding the year for 

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which the determination is made, participated in a Head 

Start program, a program under part A of title IV, or in 

preschool services under this title, is eligible for services 

under this part. 

* * * * * * * 

(c) COMPONENTS OF A TARGETED ASSISTANCE SCHOOL PRO- GRAM.— (1) IN GENERAL.—To assist targeted assistance schools and 

local educational agencies to meet their responsibility to provide for all their students served under this part the opportunity to meet the State’s øchallenging¿college and career 

ready student academic achievement standards in subjects as 

determined by the State, each targeted assistance program 

under this section shall— 

(A) use such program’s resources under this part to 

help participating children meet such State’s øchallenging¿college and career ready student academic achievement standards expected for all children; 

* * * * * * * 

(C) use effective methods and instructional strategies 

that are based on øscientifically based research¿scientifically valid research that strengthens the 

core academic program of the school and that— 

(i) * * * 

(ii) help provide an accelerated, high-quality curriculum, including applied learning; øand¿ 

(iii) minimize removing children from the regular 

classroom during regular school hours for instruction 

provided under this part; 

(iv) may include a multi-tier system of supports 

and positive behavioral interventions and supports; 

and 

(v) may include support for programs, activities, 

courses, and professional development in the core academic subjects that are targeted toward participating 

children selected in accordance with subsection (b) to 

enable such children to meet the academic content and 

student academic achievement standards described in 

section 1111(a); 

(D) coordinate with and support the regular education 

program, which may include services to assist preschool 

children in the transition from early childhood programs 

such as Head Start, øEven Start, Early Reading 

First¿programs under part A of title IV, or State-run preschool programs to elementary school programs; 

(E) provide instruction by highly qualified and highly 

rated teachers; 

(F) in accordance with øsubsection (e)(3) and section 

1119¿section 1117, provide opportunities for professional 

development with resources provided under this part, and, 

to the extent practicable, from other sources, for teachers, 

principals, and paraprofessionals, including, if appropriate, 

øpupil services personnel¿specialized instructional support 

personnel, parents, and other staff, who work with particimstockstill on DSK4VPTVN1PROD with HEARINGS

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pating children in programs under this section or in the 

regular education program; 

* * * * * * * 

(2) REQUIREMENTS.—Each school conducting a program 

under this section shall assist participating children selected in 

accordance with subsection (b) to ømeet the State’s proficient 

and advanced levels of achievement¿be proficient or advanced 

students, as determined under section 1111(a)(3)(B)(ii)(I) by— 

(A) * * * 

(B) reviewing, on an ongoing basis, the progress of 

participating children and revising the targeted assistance 

program, if necessary, to provide additional assistance to 

enable such children to meet the State’s øchallenging¿college and career ready student academic achievement standards, such as an extended school year, beforeand after-school, and summer programs and opportunities, 

training for teachers regarding how to identify students 

who need additional assistance, and training for teachers 

regarding how to implement student academic achievement standards in the classroom. 

* * * * * * * 

(e) SPECIAL RULES.— 

(1) SIMULTANEOUS SERVICE.—* * * 

(2) COMPREHENSIVE SERVICES.—If— 

(A) * * * 

(B) * * * 

(i) * * * 

* * * * * * * 

(iii) professional development necessary to assist 

teachers, øpupil services personnel¿specialized instructional support personnel, other staff, and parents in 

identifying and meeting the comprehensive needs of 

eligible children. 

(3) PROFESSIONAL DEVELOPMENT.—Each school receiving 

funds under this part for any fiscal year shall devote sufficient 

resources to carry out effectively the professional development 

activities described in subparagraph (F) of subsection (c)(1) in 

accordance with øsection 1119¿section 1117 for such fiscal 

year, and a school may enter into a consortium with another 

school to carry out such activities. 

øSEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL IMPROVEMENT. 

ø(a) LOCAL REVIEW.— 

ø(1) IN GENERAL.—Each local educational agency receiving 

funds under this part shall— 

ø(A) use the State academic assessments and other indicators described in the State plan to review annually the 

progress of each school served under this part to determine 

whether the school is making adequate yearly progress as 

defined in section 1111(b)(2); 

ø(B) at the local educational agency’s discretion, use 

any academic assessments or any other academic indicators described in the local educational agency’s plan under 

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section 1112(b)(1)(A) and (B) to review annually the 

progress of each school served under this part to determine 

whether the school is making adequate yearly progress as 

defined in section 1111(b)(2), except that the local educational agency may not use such indicators (other than as 

provided for in section 1111(b)(2)(I)) if the indicators reduce the number or change the schools that would otherwise be subject to school improvement, corrective action, or 

restructuring under section 1116 if such additional indicators were not used, but may identify additional schools for 

school improvement or in need of corrective action or restructuring; 

ø(C) publicize and disseminate the results of the local 

annual review described in paragraph (1) to parents, 

teachers, principals, schools, and the community so that 

the teachers, principals, other staff, and schools can continually refine, in an instructionally useful manner, the 

program of instruction to help all children served under 

this part meet the challenging State student academic 

achievement standards established under section 

1111(b)(1); and 

ø(D) review the effectiveness of the actions and activities the schools are carrying out under this part with respect to parental involvement, professional development, 

and other activities assisted under this part. 

ø(2) AVAILABLE RESULTS.—The State educational agency 

shall ensure that the results of State academic assessments administered in that school year are available to the local educational agency before the beginning of the next school year. 

ø(b) SCHOOL IMPROVEMENT.— 

ø(1) GENERAL REQUIREMENTS.— ø(A) IDENTIFICATION.—Subject to subparagraph (C), a 

local educational agency shall identify for school improvement any elementary school or secondary school served 

under this part that fails, for 2 consecutive years, to make 

adequate yearly progress as defined in the State’s plan 

under section 1111(b)(2). 

ø(B) DEADLINE.—The identification described in subparagraph (A) shall take place before the beginning of the 

school year following such failure to make adequate yearly 

progress. 

ø(C) APPLICATION.—Subparagraph (A) shall not apply 

to a school if almost every student in each group specified 

in section 1111(b)(2)(C)(v) enrolled in such school is meeting or exceeding the State’s proficient level of academic 

achievement. 

ø(D) TARGETED ASSISTANCE SCHOOLS.—To determine if 

an elementary school or a secondary school that is conducting a targeted assistance program under section 1115 

should be identified for school improvement, corrective action, or restructuring under this section, a local educational agency may choose to review the progress of only 

the students in the school who are served, or are eligible 

for services, under this part. 

ø(E) PUBLIC SCHOOL CHOICE.— 

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ø(i) IN GENERAL.—In the case of a school identified 

for school improvement under this paragraph, the 

local educational agency shall, not later than the first 

day of the school year following such identification, 

provide all students enrolled in the school with the option to transfer to another public school served by the 

local educational agency, which may include a public 

charter school, that has not been identified for school 

improvement under this paragraph, unless such an option is prohibited by State law. 

ø(ii) RULE.—In providing students the option to 

transfer to another public school, the local educational 

agency shall give priority to the lowest achieving children from low-income families, as determined by the 

local educational agency for purposes of allocating 

funds to schools under section 1113(c)(1). 

ø(F) TRANSFER.—Students who use the option to 

transfer under subparagraph (E) and paragraph (5)(A), 

(7)(C)(i), or (8)(A)(i) or subsection (c)(10)(C)(vii) shall be enrolled in classes and other activities in the public school to 

which the students transfer in the same manner as all 

other children at the public school. 

ø(2) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE; TIME

LIMIT.— ø(A) IDENTIFICATION.—Before identifying an elementary school or a secondary school for school improvement 

under paragraphs (1) or (5)(A), for corrective action under 

paragraph (7), or for restructuring under paragraph (8), 

the local educational agency shall provide the school with 

an opportunity to review the school-level data, including 

academic assessment data, on which the proposed identification is based. 

ø(B) EVIDENCE.—If the principal of a school proposed 

for identification under paragraph (1), (5)(A), (7), or (8) believes, or a majority of the parents of the students enrolled 

in such school believe, that the proposed identification is 

in error for statistical or other substantive reasons, the 

principal may provide supporting evidence to the local educational agency, which shall consider that evidence before 

making a final determination. 

ø(C) FINAL DETERMINATION.—Not later than 30 days 

after a local educational agency provides the school with 

the opportunity to review such school-level data, the local 

educational agency shall make public a final determination 

on the status of the school with respect to the identification. 

ø(3) SCHOOL PLAN.— 

ø(A) REVISED PLAN.—After the resolution of a review 

under paragraph (2), each school identified under paragraph (1) for school improvement shall, not later than 3 

months after being so identified, develop or revise a school 

plan, in consultation with parents, school staff, the local 

educational agency serving the school, and outside experts, 

for approval by such local educational agency. The school 

plan shall cover a 2-year period and— 

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ø(i) incorporate strategies based on scientifically 

based research that will strengthen the core academic 

subjects in the school and address the specific academic issues that caused the school to be identified for 

school improvement, and may include a strategy for 

the implementation of a comprehensive school reform 

model that includes each of the components described 

in part F; 

ø(ii) adopt policies and practices concerning the 

school’s core academic subjects that have the greatest 

likelihood of ensuring that all groups of students specified in section 1111(b)(2)(C)(v) and enrolled in the 

school will meet the State’s proficient level of achievement on the State academic assessment described in 

section 1111(b)(3) not later than 12 years after the end 

of the 2001–2002 school year; 

ø(iii) provide an assurance that the school will 

spend not less than 10 percent of the funds made 

available to the school under section 1113 for each fiscal year that the school is in school improvement status, for the purpose of providing to the school’s teachers and principal high-quality professional development that— 

ø(I) directly addresses the academic achievement problem that caused the school to be identified for school improvement; 

ø(II) meets the requirements for professional 

development activities under section 1119; and 

ø(III) is provided in a manner that affords increased opportunity for participating in that professional development; 

ø(iv) specify how the funds described in clause (iii) 

will be used to remove the school from school improvement status; 

ø(v) establish specific annual, measurable objectives for continuous and substantial progress by each 

group of students specified in section 1111(b)(2)(C)(v) 

and enrolled in the school that will ensure that all 

such groups of students will, in accordance with adequate yearly progress as defined in section 1111(b)(2), 

meet the State’s proficient level of achievement on the 

State academic assessment described in section 

1111(b)(3) not later than 12 years after the end of the 

2001–2002 school year; 

ø(vi) describe how the school will provide written 

notice about the identification to parents of each student enrolled in such school, in a format and, to the 

extent practicable, in a language that the parents can 

understand; 

ø(vii) specify the responsibilities of the school, the 

local educational agency, and the State educational 

agency serving the school under the plan, including 

the technical assistance to be provided by the local 

educational agency under paragraph (4) and the local 

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educational agency’s responsibilities under section 

1120A; 

ø(viii) include strategies to promote effective parental involvement in the school; 

ø(ix) incorporate, as appropriate, activities before 

school, after school, during the summer, and during 

any extension of the school year; and 

ø(x) incorporate a teacher mentoring program. 

ø(B) CONDITIONAL APPROVAL.—The local educational 

agency may condition approval of a school plan under this 

paragraph on— 

ø(i) inclusion of one or more of the corrective actions specified in paragraph (7)(C)(iv); or 

ø(ii) feedback on the school improvement plan 

from parents and community leaders. 

ø(C) PLAN IMPLEMENTATION.—Except as provided in 

subparagraph (D), a school shall implement the school 

plan (including a revised plan) expeditiously, but not later 

than the beginning of the next full school year following 

the identification under paragraph (1). 

ø(D) PLAN APPROVED DURING SCHOOL YEAR.—Notwithstanding subparagraph (C), if a plan is not approved prior 

to the beginning of a school year, such plan shall be implemented immediately upon approval. 

ø(E) LOCAL EDUCATIONAL AGENCY APPROVAL.—The 

local educational agency, within 45 days of receiving a 

school plan, shall— 

ø(i) establish a peer review process to assist with 

review of the school plan; and 

ø(ii) promptly review the school plan, work with 

the school as necessary, and approve the school plan 

if the plan meets the requirements of this paragraph. 

ø(4) TECHNICAL ASSISTANCE.— ø(A) IN GENERAL.—For each school identified for school 

improvement under paragraph (1), the local educational 

agency serving the school shall ensure the provision of 

technical assistance as the school develops and implements 

the school plan under paragraph (3) throughout the plan’s 

duration. 

ø(B) SPECIFIC ASSISTANCE.—Such technical assistance— 

ø(i) shall include assistance in analyzing data 

from the assessments required under section 

1111(b)(3), and other examples of student work, to 

identify and address problems in instruction, and 

problems if any, in implementing the parental involvement requirements described in section 1118, the professional development requirements described in section 1119, and the responsibilities of the school and 

local educational agency under the school plan, and to 

identify and address solutions to such problems; 

ø(ii) shall include assistance in identifying and implementing professional development, instructional 

strategies, and methods of instruction that are based 

on scientifically based research and that have proven 

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effective in addressing the specific instructional issues 

that caused the school to be identified for school improvement; 

ø(iii) shall include assistance in analyzing and revising the school’s budget so that the school’s resources are more effectively allocated to the activities 

most likely to increase student academic achievement 

and to remove the school from school improvement 

status; and 

ø(iv) may be provided— 

ø(I) by the local educational agency, through 

mechanisms authorized under section 1117; or 

ø(II) by the State educational agency, an institution of higher education (that is in full compliance with all the reporting provisions of title II 

of the Higher Education Act of 1965), a private 

not-for-profit organization or for-profit organization, an educational service agency, or another entity with experience in helping schools improve 

academic achievement. 

ø(C) SCIENTIFICALLY BASED RESEARCH.—Technical assistance provided under this section by a local educational 

agency or an entity approved by that agency shall be based 

on scientifically based research. 

ø(5) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS AFTER

IDENTIFICATION.—In the case of any school served under this 

part that fails to make adequate yearly progress, as set out in 

the State’s plan under section 1111(b)(2), by the end of the first 

full school year after identification under paragraph (1), the 

local educational agency serving such school— 

ø(A) shall continue to provide all students enrolled in 

the school with the option to transfer to another public 

school served by the local educational agency in accordance 

with subparagraphs (E) and (F); 

ø(B) shall make supplemental educational services 

available consistent with subsection (e)(1); and 

ø(C) shall continue to provide technical assistance. 

ø(6) NOTICE TO PARENTS.—A local educational agency shall 

promptly provide to a parent or parents (in an understandable 

and uniform format and, to the extent practicable, in a language the parents can understand) of each student enrolled in 

an elementary school or a secondary school identified for school 

improvement under paragraph (1), for corrective action under 

paragraph (7), or for restructuring under paragraph (8)— 

ø(A) an explanation of what the identification means, 

and how the school compares in terms of academic 

achievement to other elementary schools or secondary 

schools served by the local educational agency and the 

State educational agency involved; 

ø(B) the reasons for the identification; 

ø(C) an explanation of what the school identified for 

school improvement is doing to address the problem of low 

achievement; 

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ø(D) an explanation of what the local educational 

agency or State educational agency is doing to help the 

school address the achievement problem; 

ø(E) an explanation of how the parents can become involved in addressing the academic issues that caused the 

school to be identified for school improvement; and 

ø(F) an explanation of the parents’ option to transfer 

their child to another public school under paragraphs 

(1)(E), (5)(A), (7)(C)(i), (8)(A)(i), and subsection 

(c)(10)(C)(vii) (with transportation provided by the agency 

when required by paragraph (9)) or to obtain supplemental 

educational services for the child, in accordance with subsection (e). 

ø(7) CORRECTIVE ACTION.— 

ø(A) IN GENERAL.—In this subsection, the term ‘‘corrective action’’ means action, consistent with State law, 

that— 

ø(i) substantially and directly responds to— 

ø(I) the consistent academic failure of a school 

that caused the local educational agency to take 

such action; and 

ø(II) any underlying staffing, curriculum, or 

other problems in the school; and 

ø(ii) is designed to increase substantially the likelihood that each group of students described in 

1111(b)(2)(C) enrolled in the school identified for corrective action will meet or exceed the State’s proficient 

levels of achievement on the State academic assessments described in section 1111(b)(3). 

ø(B) SYSTEM.—In order to help students served under 

this part meet challenging State student academic achievement standards, each local educational agency shall implement a system of corrective action in accordance with subparagraphs (C) through (E). 

ø(C) ROLE OF LOCAL EDUCATIONAL AGENCY.—In the 

case of any school served by a local educational agency 

under this part that fails to make adequate yearly 

progress, as defined by the State under section 1111(b)(2), 

by the end of the second full school year after the identification under paragraph (1), the local educational agency 

shall— 

ø(i) continue to provide all students enrolled in 

the school with the option to transfer to another public 

school served by the local educational agency, in accordance with paragraph (1)(E) and (F); 

ø(ii) continue to provide technical assistance consistent with paragraph (4) while instituting any corrective action under clause (iv); 

ø(iii) continue to make supplemental educational 

services available, in accordance with subsection (e), to 

children who remain in the school; and 

ø(iv) identify the school for corrective action and 

take at least one of the following corrective actions: 

ø(I) Replace the school staff who are relevant 

to the failure to make adequate yearly progress. 

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ø(II) Institute and fully implement a new curriculum, including providing appropriate professional development for all relevant staff, that is 

based on scientifically based research and offers 

substantial promise of improving educational 

achievement for low-achieving students and enabling the school to make adequate yearly progress. 

ø(III) Significantly decrease management authority at the school level. 

ø(IV) Appoint an outside expert to advise the 

school on its progress toward making adequate 

yearly progress, based on its school plan under 

paragraph (3). 

ø(V) Extend the school year or school day for 

the school. 

ø(VI) Restructure the internal organizational 

structure of the school. 

ø(D) DELAY.—Notwithstanding any other provision of 

this paragraph, the local educational agency may delay, for 

a period not to exceed 1 year, implementation of the requirements under paragraph (5), corrective action under 

this paragraph, or restructuring under paragraph (8) if the 

school makes adequate yearly progress for 1 year or if its 

failure to make adequate yearly progress is due to exceptional or uncontrollable circumstances, such as a natural 

disaster or a precipitous and unforeseen decline in the financial resources of the local educational agency or school. 

No such period shall be taken into account in determining 

the number of consecutive years of failure to make adequate yearly progress. 

ø(E) PUBLICATION AND DISSEMINATION.—The local educational agency shall publish and disseminate information 

regarding any corrective action the local educational agency takes under this paragraph at a school— 

ø(i) to the public and to the parents of each student enrolled in the school subject to corrective action; 

ø(ii) in an understandable and uniform format 

and, to the extent practicable, provided in a language 

that the parents can understand; and 

ø(iii) through such means as the Internet, the 

media, and public agencies. 

ø(8) RESTRUCTURING.— 

ø(A) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.— 

If, after 1 full school year of corrective action under paragraph (7), a school subject to such corrective action continues to fail to make adequate yearly progress, then the 

local educational agency shall— 

ø(i) continue to provide all students enrolled in 

the school with the option to transfer to another public 

school served by the local educational agency, in accordance with paragraph (1)(E) and (F); 

ø(ii) continue to make supplemental educational 

services available, in accordance with subsection (e), to 

children who remain in the school; and 

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ø(iii) prepare a plan and make necessary arrangements to carry out subparagraph (B). 

ø(B) ALTERNATIVE GOVERNANCE.—Not later than the 

beginning of the school year following the year in which 

the local educational agency implements subparagraph (A), 

the local educational agency shall implement one of the 

following alternative governance arrangements for the 

school consistent with State law: 

ø(i) Reopening the school as a public charter 

school. 

ø(ii) Replacing all or most of the school staff 

(which may include the principal) who are relevant to 

the failure to make adequate yearly progress. 

ø(iii) Entering into a contract with an entity, such 

as a private management company, with a demonstrated record of effectiveness, to operate the public 

school. 

ø(iv) Turning the operation of the school over to 

the State educational agency, if permitted under State 

law and agreed to by the State. 

ø(v) Any other major restructuring of the school’s 

governance arrangement that makes fundamental reforms, such as significant changes in the school’s staffing and governance, to improve student academic 

achievement in the school and that has substantial 

promise of enabling the school to make adequate yearly progress as defined in the State plan under section 

1111(b)(2). In the case of a rural local educational 

agency with a total of less than 600 students in average daily attendance at the schools that are served by 

the agency and all of whose schools have a School Locale Code of 7 or 8, as determined by the Secretary, 

the Secretary shall, at such agency’s request, provide 

technical assistance to such agency for the purpose of 

implementing this clause. 

ø(C) PROMPT NOTICE.—The local educational agency 

shall— 

ø(i) provide prompt notice to teachers and parents 

whenever subparagraph (A) or (B) applies; and 

ø(ii) provide the teachers and parents with an 

adequate opportunity to— 

ø(I) comment before taking any action under 

those subparagraphs; and 

ø(II) participate in developing any plan under 

subparagraph (A)(iii). 

ø(9) TRANSPORTATION.—In any case described in paragraph (1)(E) for schools described in paragraphs (1)(A), (5), 

(7)(C)(i), and (8)(A), and subsection (c)(10)(C)(vii), the local educational agency shall provide, or shall pay for the provision of, 

transportation for the student to the public school the student 

attends. 

ø(10) FUNDS FOR TRANSPORTATION AND SUPPLEMENTAL

EDUCATIONAL SERVICES.— 

ø(A) IN GENERAL.—Unless a lesser amount is needed 

to comply with paragraph (9) and to satisfy all requests for 

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supplemental educational services under subsection (e), a 

local educational agency shall spend an amount equal to 

20 percent of its allocation under subpart 2, from which 

the agency shall spend— 

ø(i) an amount equal to 5 percent of its allocation 

under subpart 2 to provide, or pay for, transportation 

under paragraph (9); 

ø(ii) an amount equal to 5 percent of its allocation 

under subpart 2 to provide supplemental educational 

services under subsection (e); and 

ø(iii) an amount equal to the remaining 10 percent of its allocation under subpart 2 for transportation under paragraph (9), supplemental educational 

services under subsection (e), or both, as the agency 

determines. 

ø(B) TOTAL AMOUNT.—The total amount described in 

subparagraph (A)(ii) is the maximum amount the local 

educational agency shall be required to spend under this 

part on supplemental educational services described in 

subsection (e). 

ø(C) INSUFFICIENT FUNDS.—If the amount of funds described in subparagraph (A)(ii) or (iii) and available to provide services under this subsection is insufficient to provide supplemental educational services to each child whose 

parents request the services, the local educational agency 

shall give priority to providing the services to the lowestachieving children. 

ø(D) PROHIBITION.—A local educational agency shall 

not, as a result of the application of this paragraph, reduce 

by more than 15 percent the total amount made available 

under section 1113(c) to a school described in paragraph 

(7)(C) or (8)(A) of subsection (b). 

ø(11) COOPERATIVE AGREEMENT.—In any case described in 

paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i), or subsection 

(c)(10)(C)(vii) if all public schools served by the local educational agency to which a child may transfer are identified for 

school improvement, corrective action or restructuring, the 

agency shall, to the extent practicable, establish a cooperative 

agreement with other local educational agencies in the area for 

a transfer. 

ø(12) DURATION.—If any school identified for school improvement, corrective action, or restructuring makes adequate 

yearly progress for two consecutive school years, the local educational agency shall no longer subject the school to the requirements of school improvement, corrective action, or restructuring or identify the school for school improvement for 

the succeeding school year. 

ø(13) SPECIAL RULE.—A local educational agency shall permit a child who transferred to another school under this subsection to remain in that school until the child has completed 

the highest grade in that school. The obligation of the local 

educational agency to provide, or to provide for, transportation 

for the child ends at the end of a school year if the local educational agency determines that the school from which the 

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child transferred is no longer identified for school improvement 

or subject to corrective action or restructuring. 

ø(14) STATE EDUCATIONAL AGENCY RESPONSIBILITIES.—The 

State educational agency shall— 

ø(A) make technical assistance under section 1117 

available to schools identified for school improvement, corrective action, or restructuring under this subsection consistent with section 1117(a)(2); 

ø(B) if the State educational agency determines that a 

local educational agency failed to carry out its responsibilities under this subsection, take such corrective actions as 

the State educational agency determines to be appropriate 

and in compliance with State law; 

ø(C) ensure that academic assessment results under 

this part are provided to schools before any identification 

of a school may take place under this subsection; and 

ø(D) for local educational agencies or schools identified 

for improvement under this subsection, notify the Secretary of major factors that were brought to the attention 

of the State educational agency under section 1111(b)(9) 

that have significantly affected student academic achievement. 

ø(c) STATE REVIEW AND LOCAL EDUCATIONAL AGENCY IMPROVE- MENT.— ø(1) IN GENERAL.—A State shall— 

ø(A) annually review the progress of each local educational agency receiving funds under this part to determine whether schools receiving assistance under this part 

are making adequate yearly progress as defined in section 

1111(b)(2) toward meeting the State’s student academic 

achievement standards and to determine if each local educational agency is carrying out its responsibilities under 

this section and sections 1117, 1118, and 1119; and 

ø(B) publicize and disseminate to local educational 

agencies, teachers and other staff, parents, students, and 

the community the results of the State review, including 

statistically sound disaggregated results, as required by 

section 1111(b)(2). 

ø(2) REWARDS.—In the case of a local educational agency 

that, for 2 consecutive years, has exceeded adequate yearly 

progress as defined in the State plan under section 1111(b)(2), 

the State may make rewards of the kinds described under section 1117 to the agency. 

ø(3) IDENTIFICATION OF LOCAL EDUCATIONAL AGENCY FOR

IMPROVEMENT.—A State shall identify for improvement any 

local educational agency that, for 2 consecutive years, including the period immediately prior to the date of enactment of 

the No Child Left Behind Act of 2001, failed to make adequate 

yearly progress as defined in the State’s plan under section 

1111(b)(2). 

ø(4) TARGETED ASSISTANCE SCHOOLS.—When reviewing targeted assistance schools served by a local educational agency, 

a State educational agency may choose to review the progress 

of only the students in such schools who are served, or are eligible for services, under this part. 

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ø(5) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE.— ø(A) REVIEW.—Before identifying a local educational 

agency for improvement under paragraph (3) or corrective 

action under paragraph (10), a State educational agency 

shall provide the local educational agency with an opportunity to review the data, including academic assessment 

data, on which the proposed identification is based. 

ø(B) EVIDENCE.—If the local educational agency believes that the proposed identification is in error for statistical or other substantive reasons, the agency may provide 

supporting evidence to the State educational agency, which 

shall consider the evidence before making a final determination not later than 30 days after the State educational agency provides the local educational agency with 

the opportunity to review such data under subparagraph 

(A). 

ø(6) NOTIFICATION TO PARENTS.—The State educational 

agency shall promptly provide to the parents (in a format and, 

to the extent practicable, in a language the parents can understand) of each student enrolled in a school served by a local 

educational agency identified for improvement, the results of 

the review under paragraph (1) and, if the agency is identified 

for improvement, the reasons for that identification and how 

parents can participate in upgrading the quality of the local 

educational agency. 

ø(7) LOCAL EDUCATIONAL AGENCY REVISIONS.— ø(A) PLAN.—Each local educational agency identified 

under paragraph (3) shall, not later than 3 months after 

being so identified, develop or revise a local educational 

agency plan, in consultation with parents, school staff, and 

others. Such plan shall— 

ø(i) incorporate scientifically based research strategies that strengthen the core academic program in 

schools served by the local educational agency; 

ø(ii) identify actions that have the greatest likelihood of improving the achievement of participating 

children in meeting the State’s student academic 

achievement standards; 

ø(iii) address the professional development needs 

of the instructional staff serving the agency by committing to spend not less than 10 percent of the funds 

received by the local educational agency under subpart 

2 for each fiscal year in which the agency is identified 

for improvement for professional development (including funds reserved for professional development under 

subsection (b)(3)(A)(iii)), but excluding funds reserved 

for professional development under section 1119; 

ø(iv) include specific measurable achievement 

goals and targets for each of the groups of students 

identified in the disaggregated data pursuant to section 1111(b)(2)(C)(v), consistent with adequate yearly 

progress as defined under section 1111(b)(2); 

ø(v) address the fundamental teaching and learning needs in the schools of that agency, and the specific academic problems of low-achieving students, inmstockstill on DSK4VPTVN1PROD with HEARINGS

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cluding a determination of why the local educational 

agency’s prior plan failed to bring about increased student academic achievement; 

ø(vi) incorporate, as appropriate, activities before 

school, after school, during the summer, and during an 

extension of the school year; 

ø(vii) specify the responsibilities of the State educational agency and the local educational agency 

under the plan, including specifying the technical assistance to be provided by the State educational agency under paragraph (9) and the local educational agency’s responsibilities under section 1120A; and 

ø(viii) include strategies to promote effective parental involvement in the school. 

ø(B) IMPLEMENTATION.—The local educational agency 

shall implement the plan (including a revised plan) expeditiously, but not later than the beginning of the next school 

year after the school year in which the agency was identified for improvement. 

ø(9) STATE EDUCATIONAL AGENCY RESPONSIBILITY.— 

ø(A) TECHNICAL OR OTHER ASSISTANCE.—For each local 

educational agency identified under paragraph (3), the 

State educational agency shall provide technical or other 

assistance if requested, as authorized under section 1117, 

to better enable the local educational agency to— 

ø(i) develop and implement the local educational 

agency’s plan; and 

ø(ii) work with schools needing improvement. 

ø(B) METHODS AND STRATEGIES.—Technical assistance 

provided under this section by the State educational agency or an entity authorized by such agency shall be supported by effective methods and instructional strategies 

based on scientifically based research. Such technical assistance shall address problems, if any, in implementing 

the parental involvement activities described in section 

1118 and the professional development activities described 

in section 1119. 

ø(10) CORRECTIVE ACTION.—In order to help students 

served under this part meet challenging State student academic achievement standards, each State shall implement a 

system of corrective action in accordance with the following: 

ø(A) DEFINITION.—As used in this paragraph, the term 

‘‘corrective action’’ means action, consistent with State law, 

that— 

ø(i) substantially and directly responds to the consistent academic failure that caused the State to take 

such action and to any underlying staffing, curricular, 

or other problems in the agency; and 

ø(ii) is designed to meet the goal of having all students served under this part achieve at the proficient 

and advanced student academic achievement levels. 

ø(B) GENERAL REQUIREMENTS.—After providing technical assistance under paragraph (9) and subject to subparagraph (E), the State— 

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ø(i) may take corrective action at any time with 

respect to a local educational agency that has been 

identified under paragraph (3); 

ø(ii) shall take corrective action with respect to 

any local educational agency that fails to make adequate yearly progress, as defined by the State, by the 

end of the second full school year after the identification of the agency under paragraph (3); and 

ø(iii) shall continue to provide technical assistance 

while instituting any corrective action under clause (i) 

or (ii). 

ø(C) CERTAIN CORRECTIVE ACTIONS REQUIRED.—In the 

case of a local educational agency identified for corrective 

action, the State educational agency shall take at least one 

of the following corrective actions: 

ø(i) Deferring programmatic funds or reducing administrative funds. 

ø(ii) Instituting and fully implementing a new curriculum that is based on State and local academic content and achievement standards, including providing 

appropriate professional development based on scientifically based research for all relevant staff, that offers substantial promise of improving educational 

achievement for low-achieving students. 

ø(iii) Replacing the local educational agency personnel who are relevant to the failure to make adequate yearly progress. 

ø(iv) Removing particular schools from the jurisdiction of the local educational agency and establishing alternative arrangements for public governance 

and supervision of such schools. 

ø(v) Appointing, through the State educational 

agency, a receiver or trustee to administer the affairs 

of the local educational agency in place of the superintendent and school board. 

ø(vi) Abolishing or restructuring the local educational agency. 

ø(vii) Authorizing students to transfer from a 

school operated by the local educational agency to a 

higher-performing public school operated by another 

local educational agency in accordance with subsections (b)(1)(E) and (F), and providing to such students transportation (or the costs of transportation) to 

such schools consistent with subsection (b)(9), in conjunction with carrying out not less than one additional 

action described under this subparagraph. 

ø(D) HEARING.—Prior to implementing any corrective 

action under this paragraph, the State educational agency 

shall provide notice and a hearing to the affected local educational agency, if State law provides for such notice and 

hearing. The hearing shall take place not later than 45 

days following the decision to implement corrective action. 

ø(E) NOTICE TO PARENTS.—The State educational 

agency shall publish, and disseminate to parents and the 

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cational agency takes under this paragraph through such 

means as the Internet, the media, and public agencies. 

ø(F) DELAY.—Notwithstanding subparagraph (B)(ii), a 

State educational agency may delay, for a period not to exceed 1 year, implementation of corrective action under this 

paragraph if the local educational agency makes adequate 

yearly progress for 1 year or its failure to make adequate 

yearly progress is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous 

and unforeseen decline in the financial resources of the 

local educational agency. No such period shall be taken 

into account in determining the number of consecutive 

years of failure to make adequate yearly progress. 

ø(11) SPECIAL RULE.—If a local educational agency makes 

adequate yearly progress for two consecutive school years beginning after the date of identification of the agency under 

paragraph (3), the State educational agency need no longer 

identify the local educational agency for improvement or subject the local educational agency to corrective action for the 

succeeding school year. 

ø(d) CONSTRUCTION.—Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, 

State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, 

memoranda of understanding, or other agreements between such 

employees and their employers. 

ø(e) SUPPLEMENTAL EDUCATIONAL SERVICES.— 

ø(1) SUPPLEMENTAL EDUCATIONAL SERVICES.—In the case 

of any school described in paragraph (5), (7), or (8) of subsection (b), the local educational agency serving such school 

shall, subject to this subsection, arrange for the provision of 

supplemental educational services to eligible children in the 

school from a provider with a demonstrated record of effectiveness, that is selected by the parents and approved for that purpose by the State educational agency in accordance with reasonable criteria, consistent with paragraph (5), that the State 

educational agency shall adopt. 

ø(2) LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES.—Each 

local educational agency subject to this subsection shall— 

ø(A) provide, at a minimum, annual notice to parents 

(in an understandable and uniform format and, to the extent practicable, in a language the parents can understand) of— 

ø(i) the availability of services under this subsection; 

ø(ii) the identity of approved providers of those 

services that are within the local educational agency 

or whose services are reasonably available in neighboring local educational agencies; and 

ø(iii) a brief description of the services, qualifications, and demonstrated effectiveness of each such 

provider; 

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ø(B) if requested, assist parents in choosing a provider 

from the list of approved providers maintained by the 

State; 

ø(C) apply fair and equitable procedures for serving 

students if the number of spaces at approved providers is 

not sufficient to serve all students; and 

ø(D) not disclose to the public the identity of any student who is eligible for, or receiving, supplemental educational services under this subsection without the written 

permission of the parents of the student. 

ø(3) AGREEMENT.—In the case of the selection of an approved provider by a parent, the local educational agency shall 

enter into an agreement with such provider. Such agreement 

shall— 

ø(A) require the local educational agency to develop, in 

consultation with parents (and the provider chosen by the 

parents), a statement of specific achievement goals for the 

student, how the student’s progress will be measured, and 

a timetable for improving achievement that, in the case of 

a student with disabilities, is consistent with the student’s 

individualized education program under section 614(d) of 

the Individuals with Disabilities Education Act; 

ø(B) describe how the student’s parents and the student’s teacher or teachers will be regularly informed of the 

student’s progress; 

ø(C) provide for the termination of such agreement if 

the provider is unable to meet such goals and timetables; 

ø(D) contain provisions with respect to the making of 

payments to the provider by the local educational agency; 

and 

ø(E) prohibit the provider from disclosing to the public 

the identity of any student eligible for, or receiving, supplemental educational services under this subsection without the written permission of the parents of such student. 

ø(4) STATE EDUCATIONAL AGENCY RESPONSIBILITIES.—A 

State educational agency shall— 

ø(A) in consultation with local educational agencies, 

parents, teachers, and other interested members of the 

public, promote maximum participation by providers to ensure, to the extent practicable, that parents have as many 

choices as possible; 

ø(B) develop and apply objective criteria, consistent 

with paragraph (5), to potential providers that are based 

on a demonstrated record of effectiveness in increasing the 

academic proficiency of students in subjects relevant to 

meeting the State academic content and student achievement standards adopted under section 1111(b)(1); 

ø(C) maintain an updated list of approved providers 

across the State, by school district, from which parents 

may select; 

ø(D) develop, implement, and publicly report on standards and techniques for monitoring the quality and effectiveness of the services offered by approved providers 

under this subsection, and for withdrawing approval from 

providers that fail, for 2 consecutive years, to contribute to 

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increasing the academic proficiency of students served 

under this subsection as described in subparagraph (B); 

and 

ø(E) provide annual notice to potential providers of 

supplemental educational services of the opportunity to 

provide services under this subsection and of the applicable procedures for obtaining approval from the State educational agency to be an approved provider of those services. 

ø(5) CRITERIA FOR PROVIDERS.—In order for a provider to 

be included on the State list under paragraph (4)(C), a provider 

shall agree to carry out the following: 

ø(A) Provide parents of children receiving supplemental educational services under this subsection and the 

appropriate local educational agency with information on 

the progress of the children in increasing achievement, in 

a format and, to the extent practicable, a language that 

such parents can understand. 

ø(B) Ensure that instruction provided and content 

used by the provider are consistent with the instruction 

provided and content used by the local educational agency 

and State, and are aligned with State student academic 

achievement standards. 

ø(C) Meet all applicable Federal, State, and local 

health, safety, and civil rights laws. 

ø(D) Ensure that all instruction and content under 

this subsection are secular, neutral, and nonideological. 

ø(6) AMOUNTS FOR SUPPLEMENTAL EDUCATIONAL SERVICES.—The amount that a local educational agency shall make 

available for supplemental educational services for each child 

receiving those services under this subsection shall be the lesser of— 

ø(A) the amount of the agency’s allocation under subpart 2, divided by the number of children from families 

below the poverty level counted under section 

1124(c)(1)(A); or 

ø(B) the actual costs of the supplemental educational 

services received by the child. 

ø(7) FUNDS PROVIDED BY STATE EDUCATIONAL AGENCY.— Each State educational agency may use funds that the agency 

reserves under this part, and part A of title V, to assist local 

educational agencies that do not have sufficient funds to provide services under this subsection for all eligible students requesting such services. 

ø(8) DURATION.—The local educational agency shall continue to provide supplemental educational services to a child 

receiving such services under this subsection until the end of 

the school year in which such services were first received. 

ø(9) PROHIBITION.—Nothing contained in this subsection 

shall permit the making of any payment for religious worship 

or instruction. 

ø(10) WAIVER.— ø(A) REQUIREMENT.—At the request of a local educational agency, a State educational agency may waive, in 

whole or in part, the requirement of this subsection to promstockstill on DSK4VPTVN1PROD with HEARINGS

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vide supplemental educational services if the State educational agency determines that— 

ø(i) none of the providers of those services on the 

list approved by the State educational agency under 

paragraph (4)(C) makes those services available in the 

area served by the local educational agency or within 

a reasonable distance of that area; and 

ø(ii) the local educational agency provides evidence that it is not able to provide those services. 

ø(B) NOTIFICATION.—The State educational agency 

shall notify the local educational agency, within 30 days of 

receiving the local educational agency’s request for a waiver under subparagraph (A), whether the request is approved or disapproved and, if disapproved, the reasons for 

the disapproval, in writing. 

ø(11) SPECIAL RULE.—If State law prohibits a State educational agency from carrying out one or more of its responsibilities under paragraph (4) with respect to those who provide, or seek approval to provide, supplemental educational 

services, each local educational agency in the State shall carry 

out those responsibilities with respect to its students who are 

eligible for those services. 

ø(12) DEFINITIONS.—In this subsection— 

ø(A) the term ‘‘eligible child’’ means a child from a 

low-income family, as determined by the local educational 

agency for purposes of allocating funds to schools under 

section 1113(c)(1); 

ø(B) the term ‘‘provider’’ means a non-profit entity, a 

for-profit entity, or a local educational agency that— 

ø(i) has a demonstrated record of effectiveness in 

increasing student academic achievement; 

ø(ii) is capable of providing supplemental educational services that are consistent with the instructional program of the local educational agency and the 

academic standards described under section 1111; and 

ø(iii) is financially sound; and 

ø(C) the term ‘‘supplemental educational services’’ 

means tutoring and other supplemental academic enrichment services that are— 

ø(i) in addition to instruction provided during the 

school day; and 

ø(ii) are of high quality, research-based, and specifically designed to increase the academic achievement of eligible children on the academic assessments 

required under section 1111 and attain proficiency in 

meeting the State’s academic achievement standards. 

ø(f) SCHOOLS AND LEAS PREVIOUSLY IDENTIFIED FOR IMPROVE- MENT OR CORRECTIVE ACTION.— 

ø(1) SCHOOLS.— ø(A) SCHOOL IMPROVEMENT.— ø(i) SCHOOLS IN SCHOOL-IMPROVEMENT STATUS BE- FORE DATE OF ENACTMENT.—Any school that was in 

the first year of school improvement status under this 

section on the day preceding the date of enactment of 

the No Child Left Behind Act of 2001 (as this section 

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was in effect on such day) shall be treated by the local 

educational agency as a school that is in the first year 

of school improvement status under paragraph (1). 

ø(ii) SCHOOLS IN SCHOOL-IMPROVEMENT STATUS

FOR 2 OR MORE YEARS BEFORE DATE OF ENACTMENT.— Any school that was in school improvement status 

under this section for two or more consecutive school 

years preceding the date of enactment of the No Child 

Left Behind Act of 2001 (as this section was in effect 

on such day) shall be treated by the local educational 

agency as a school described in subsection (b)(5). 

ø(B) CORRECTIVE ACTION.—Any school that was in corrective action status under this section on the day preceding the date of enactment of the No Child Left Behind 

Act of 2001 (as this section was in effect on such day) shall 

be treated by the local educational agency as a school described in paragraph (7). 

ø(2) LEAS.— ø(A) LEA IMPROVEMENT.—A State shall identify for 

improvement under subsection (c)(3) any local educational 

agency that was in improvement status under this section 

as this section was in effect on the day preceding the date 

of enactment of the No Child Left Behind Act of 2001. 

ø(B) CORRECTIVE ACTION.—A State shall identify for 

corrective action under subsection (c)(10) any local educational agency that was in corrective action status under 

this section as this section was in effect on the day preceding the date of enactment of the No Child Left Behind 

Act of 2001. 

ø(C) SPECIAL RULE.—For the schools and other local 

educational agencies described under paragraphs (1) and 

(2), as required, the State shall ensure that public school 

choice in accordance with subparagraphs (b)(1)(E) and (F) 

and supplemental education services in accordance with 

subsection (e) are provided not later than the first day of 

the 2002–2003 school year. 

ø(D) TRANSITION.—With respect to a determination 

that a local educational agency has for 2 consecutive years 

failed to make adequate yearly progress as defined in the 

State plan under section 1111(b)(2), such determination 

shall include in such 2-year period any continuous period 

of time immediately preceding the date of enactment of the 

No Child Left Behind Act of 2001 during which the agency 

has failed to make such progress. 

ø(g) SCHOOLS FUNDED BY THE BUREAU OF INDIAN AFFAIRS.— 

ø(1) ADEQUATE YEARLY PROGRESS FOR BUREAU FUNDED

SCHOOLS.— 

ø(A) DEVELOPMENT OF DEFINITION.— 

ø(i) DEFINITION.—The Secretary of the Interior, in 

consultation with the Secretary if the Secretary of Interior requests the consultation, using the process set 

out in section 1138(b) of the Education Amendments of 

1978, shall define adequate yearly progress, consistent 

with section 1111(b), for the schools funded by the Bureau of Indian Affairs on a regional or tribal basis, as 

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appropriate, taking into account the unique circumstances and needs of such schools and the students served by such schools. 

ø(ii) USE OF DEFINITION.—The Secretary of the Interior, consistent with clause (i), may use the definition of adequate yearly progress that the State in 

which the school that is funded by the Bureau is located uses consistent with section 1111(b), or in the 

case of schools that are located in more than one 

State, the Secretary of the Interior may use whichever 

State definition of adequate yearly progress that best 

meets the unique circumstances and needs of such 

school or schools and the students the schools serve. 

ø(B) WAIVER.—The tribal governing body or school 

board of a school funded by the Bureau of Indian Affairs 

may waive, in part or in whole, the definition of adequate 

yearly progress established pursuant to paragraph (A) 

where such definition is determined by such body or school 

board to be inappropriate. If such definition is waived, the 

tribal governing body or school board shall, within 60 days 

thereafter, submit to the Secretary of Interior a proposal 

for an alternative definition of adequate yearly progress, 

consistent with section 1111(b), that takes into account the 

unique circumstances and needs of such school or schools 

and the students served. The Secretary of the Interior, in 

consultation with the Secretary if the Secretary of Interior 

requests the consultation, shall approve such alternative 

definition unless the Secretary determines that the definition does not meet the requirements of section 1111(b), 

taking into account the unique circumstances and needs of 

such school or schools and the students served. 

ø(C) TECHNICAL ASSISTANCE.—The Secretary of Interior shall, in consultation with the Secretary if the Secretary of Interior requests the consultation, either directly 

or through a contract, provide technical assistance, upon 

request, to a tribal governing body or school board of a 

school funded by the Bureau of Indian Affairs that seeks 

to develop an alternative definition of adequate yearly 

progress. 

ø(2) ACCOUNTABILITY FOR BIA SCHOOLS.—For the purposes 

of this section, schools funded by the Bureau of Indian Affairs 

shall be considered schools subject to subsection (b), as specifically provided for in this subsection, except that such schools 

shall not be subject to subsection (c), or the requirements to 

provide public school choice and supplemental educational 

services under subsections (b) and (e). 

ø(3) SCHOOL IMPROVEMENT FOR BUREAU SCHOOLS.— 

ø(A) CONTRACT AND GRANT SCHOOLS.—For a school 

funded by the Bureau of Indian Affairs which is operated 

under a contract issued by the Secretary of the Interior 

pursuant to the Indian Self-Determination Act (25 U.S.C. 

450 et seq.) or under a grant issued by the Secretary of the 

Interior pursuant to the Tribally Controlled Schools Act of 

1988 (25 U.S.C. 2501 et seq.), the school board of such 

school shall be responsible for meeting the requirements of 

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subsection (b) relating to development and implementation 

of any school improvement plan as described in subsections (b)(1) through (b)(3), and subsection (b)(5), other 

than subsection (b)(1)(E). The Bureau of Indian Affairs 

shall be responsible for meeting the requirements of subsection (b)(4) relating to technical assistance. 

ø(B) BUREAU OPERATED SCHOOLS.—For schools operated by the Bureau of Indian Affairs, the Bureau shall be 

responsible for meeting the requirements of subsection (b) 

relating to development and implementation of any school 

improvement plan as described in subsections (b)(1) 

through (b)(5), other than subsection (b)(1)(E). 

ø(4) CORRECTIVE ACTION AND RESTRUCTURING FOR BUREAUFUNDED SCHOOLS.— 

ø(A) CONTRACT AND GRANT SCHOOLS.—For a school 

funded by the Bureau of Indian Affairs which is operated 

under a contract issued by the Secretary of the Interior 

pursuant to the Indian Self-Determination Act (25 U.S.C. 

450 et seq.) or under a grant issued by the Secretary of the 

Interior pursuant to the Tribally Controlled Schools Act of 

1988 (25 U.S.C. 2501 et seq.), the school board of such 

school shall be responsible for meeting the requirements of 

subsection (b) relating to corrective action and restructuring as described in subsection (b)(7) and (b)(8). Any action taken by such school board under subsection (b)(7) or 

(b)(8) shall take into account the unique circumstances and 

structure of the Bureau of Indian Affairs-funded school 

system and the laws governing that system. 

ø(B) BUREAU OPERATED SCHOOLS.—For schools operated by the Bureau of Indian Affairs, the Bureau shall be 

responsible for meeting the requirements of subsection (b) 

relating to corrective action and restructuring as described 

in subsection (b)(7) and (b)(8). Any action taken by the Bureau under subsection (b)(7) or (b)(8) shall take into account the unique circumstances and structure of the Bureau of Indian Affairs-funded school system and the laws 

governing that system. 

ø(5) ANNUAL REPORT.—On an annual basis, the Secretary 

of the Interior shall report to the Secretary of Education and 

to the appropriate committees of Congress regarding any 

schools funded by the Bureau of Indian Affairs which have 

been identified for school improvement. Such report shall include— 

ø(A) the identity of each school; 

ø(B) a statement from each affected school board regarding the factors that lead to such identification; and 

ø(C) an analysis by the Secretary of the Interior, in 

consultation with the Secretary if the Secretary of Interior 

requests the consultation, as to whether sufficient resources were available to enable such school to achieve 

adequate yearly progress. 

ø(h) OTHER AGENCIES.—After receiving the notice described in 

subsection (b)(14)(D), the Secretary may notify, to the extent feasible and necessary as determined by the Secretary, other relevant 

Federal agencies regarding the major factors that were determined 

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by the State educational agency to have significantly affected student academic achievement.¿ 

SEC. 1116. SCHOOL PERFORMANCE. 

Section 1116 (20 U.S.C. 6316) is amended to read as follows: 

SEC. 1116. SCHOOL PERFORMANCE. 

(a) SCHOOL ACCOUNTABILITY AND IMPROVEMENT SYSTEM.— 

(1) IN GENERAL.—Each State receiving a grant under the 

program under this subpart and subpart 2 shall establish a 

school accountability and improvement system that— 

(A) is part of the accountability system required under 

section 1111(a)(3) and implements the requirements of such 

system; 

(B) supports schools that are not meeting the State’s 

performance targets under section 1111(a)(3)(C) for all students; and 

(C) identifies the public elementary schools and secondary schools in the State that will need local interventions under subsection (b), that are focus schools under subsection (c), and that are priority schools under subsection 

(d), and the processes to be used to improve schools in each 

category, in accordance with this section and section 

2123(b)(2). 

(2) REVIEW AND APPROVAL.—The State shall include information describing the school accountability and improvement 

system in the State plan under section 1111(b), which shall be 

subject to peer review and approval by the Secretary as part of 

the State plan, in accordance with such section. 

(b) LOCAL INTERVENTIONS; REPORTING.— 

(1) LOCAL INTERVENTIONS.—Beginning in the 2015–2016 

school year, each local educational agency receiving a subgrant 

under the program under this subpart and subpart 2 shall— 

(A) identify each school that, after 2 consecutive years, 

has not met the same performance target described in section 1111(a)(3)(C) for the same subgroup described in section 1111(a)(3)(D); and 

(B) ensure that such school, in collaboration with the 

local educational agency, develops and implements a locally designed intervention to improve student achievement 

in each such subgroup. 

(2) REPORTING.—Each local educational agency that implements locally designed interventions under paragraph (1) to 

support schools that have not met performance targets for a 

subgroup will report to the State educational agency regarding 

the resources and interventions used to address the achievement 

of students in the subgroup, and the outcomes of those efforts. 

The State educational agency shall annually select the interventions with exemplary outcomes, share such interventions and 

outcomes with the public, and communicate such interventions 

and outcomes to the Secretary. 

(3) LACK OF IMPROVEMENT.—Each school served under the 

program under this subpart that has been identified as a school 

that has not met the same subgroup performance target, as described in paragraph (1), for the preceding 3 consecutive years 

shall work with the State educational agency to implement a 

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State-approved intervention based on established best practices 

within State. 

(c) FOCUS SCHOOLS.— (1) IDENTIFICATION.—Beginning in the 2015–2016 school 

year, a State shall identify as a focus school, for the 3-year period following the school’s identification period (except as provided in paragraph (4))— 

(A) each public school in the State that— 

(i) is not identified as a priority school under subsection (d); and 

(ii) is in the 10 percent of all public schools in the 

State with the greatest achievement gaps among the 

subgroups described in section 1111(a)(3)(D) as compared to the statewide average, as determined by the 

State academic assessments under section 1111(a)(2); 

and 

(B) each public high school in the State that— 

(i) is not identified as a priority school under subsection (d); and 

(ii) is in the 10 percent of such schools with the 

greatest graduation rate gaps among such subgroups 

as compared to the statewide averages. 

(2) IMPROVEMENT STRATEGIES.—For each focus school identified under paragraph (1), the local educational agency serving 

the school shall, in accordance with the State accountability 

system described in section 1111(a)(3), develop and implement 

a measurable and data-driven correction plan to improve the 

performance of low-achieving subgroups in the school in order 

to close achievement gaps. A correction plan under this paragraph shall be developed with input from teachers, parents, 

community members, and other stakeholders. 

(3) STATE WAIVER.—If a State determines that all schools 

that would otherwise be considered to be the lowest-achieving 

10 percent of schools with the greatest achievement gap, or 

graduation rate gap, under paragraph (1), are actually performing at a satisfactory level of performance, the State may 

apply to the Secretary to waive the requirements of this subsection with respect to such schools. 

(4) IMPROVEMENT.—The State educational agency shall no 

longer identify a school that has been identified as a focus 

school for any remainder of the school’s 3-year identification period if— 

(A) at any time during the 3-year period for which a 

school is so identified, the school has met all of its performance targets as described in section 1111(a)(3)(C) for the 

school year; or 

(B) after 2 years of the 3-year period, the State determines, based on the most current data, that the school’s 

rate of improvement is sufficient to enable the school to 

meet all of the school’s performance targets by the end of 

the 3-year period. 

(d) PRIORITY SCHOOLS.— (1) IDENTIFICATION.— 

(A) IN GENERAL.—Beginning in the 2015–2016 school 

year, a State shall identify as a priority school, for the 3- 

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year period following the school’s identification (except as 

provided in paragraph (5))— 

(i) each school served under this subpart in the 

State that is in the lowest-achieving 5 percent of elementary schools; 

(ii) each school served under this subpart in the 

State that is in the lowest-achieving 5 percent of secondary schools; 

(iii) each public high school in the State with a 

graduation rate of less than 60 percent; and 

(iv) each school served under this subpart that has 

been identified as a focus school under subsection (c) 

for the 6 preceding consecutive years. 

(B) STATE WAIVER.—If a State determines that all 

schools that would otherwise be considered to be the lowestachieving 5 percent of schools under clause (i) or (ii) of subparagraph (A), are actually performing at a satisfactory 

level of performance based on the measures used by the 

State to identify priority schools, the State may apply to the 

Secretary to waive the requirements of this paragraph, and 

paragraphs (2) through (5), for such schools. 

(2) NEEDS ANALYSIS.—Each local educational agency receiving assistance under the program under this subpart and 

subpart 2 shall conduct a data-driven needs analysis, which 

may involve an external partner with expertise in conducting 

such needs analysis, of each school identified as a priority 

school, as the case may be, to determine the most appropriate 

school improvement strategies to improve student performance. 

Such needs analysis shall include— 

(A) a diagnostic review of data related to students and 

instructional staff; 

(B) an analysis of the school governance, curriculum, 

instruction, student supports, conditions for learning, and 

parent and family engagement practices relative to the 

needs of the student population; 

(C) the resources, which may include community-based 

supports and early childhood education, available at the 

school, local educational agency, and community levels to 

meet student needs and support improved student achievement and outcomes and the implementation of any school 

improvement strategy; and 

(D) an analysis of the school’s current use of time and 

an assessment of how much student, teacher, principal, and 

staff time will be required to meet student needs and support improved student achievement and outcomes and the 

implementation of any school improvement strategy, including consideration of whether increased learning time is necessary to ensure successful implementation. 

(3) STATE AND LOCAL RESPONSIBILITIES FOR IDENTIFIED

SCHOOLS.— 

(A) STATE RESPONSIBILITIES.—Each State receiving a 

grant under the program under this subpart and subpart 

2 shall ensure that a local educational agency receiving assistance under such program carries out the requirements 

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of subparagraph (B) for each school identified as a priority 

school under paragraph (1) in the State. 

(B) LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES.— Each local educational agency receiving assistance under 

the program under this subpart and subpart 2 shall, consistent with the State’s accountability system under section 

1111(a)(3)— 

(i) establish a process for selecting an appropriate 

school improvement strategy for each school described 

in subparagraph (A) that is served by the local educational agency; 

(ii) select the school improvement strategy to be 

used in each such school and the timeline for implementing the selected school improvement strategy in 

such school; 

(iii) develop a detailed budget covering the 3-year 

identification period, including planned expenditures 

at the school level for activities supporting full and effective implementation of the selected school improvement strategy; 

(iv) implement a school improvement strategy at 

the school in accordance with the requirements of paragraph (4); 

(v) use appropriate measures to monitor the effectiveness of the implementation; 

(vi) review and select turnaround partners to assist 

in implementing school improvement strategies; 

(vii) align other Federal, State, and local resources 

with the school improvement strategy; 

(viii) provide the school with the operational flexibility, including autonomy over staffing, time, and 

budget, needed to enable full and effective implementation of the selected strategy, including through the 

modification of practices or policies, if necessary; 

(ix) collect and use data on an ongoing basis to adjust implementation of the school improvement strategy 

to improve student achievement; 

(x) provide an assurance that the implementation 

of the selected school improvement strategy addresses 

the needs of all the subgroups of students described in 

section 1111(a)(3)(D) in the school; 

(xi) take steps to sustain successful reforms and 

practices after the school is no longer identified as a 

priority school; 

(xii) provide technical assistance and other support 

to ensure students graduate from high school college 

and career ready, as determined by the State’s academic content standards under section 1111(a)(1), 

through the effective implementation of the school improvement strategy in the school, which— 

(I) may include assistance in— 

(aa) data collection and analysis; 

(bb) recruiting and retaining staff; 

(cc) teacher and principal evaluation; 

(dd) professional development; 

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(ee) parent and family engagement; 

(ff) coordination of services with highquality early childhood education providers; 

(gg) coordination of services to address 

students’ social, emotional, and health needs; 

(hh) increasing learning time; 

(ii) coordination of services with institutions of higher education to facilitate the implementation of dual enrollment programs and 

early college high schools; and 

(jj) monitoring the implementation of the 

school improvement strategy selected under 

paragraph (4); and 

(II) shall include assistance in the implementation of schoolwide positive behavior supports, 

school-based mental health programs, and other 

approaches with evidence of effectiveness, for improving the learning environment in the school 

and reducing the need for suspensions, expulsions, 

and other actions that remove students from instruction, including effective strategies for improving coordination of community resources; 

(xiii) establish partnerships with employers, institutions of higher education, service providers, and others to assist in implementing school improvement strategies described in paragraph (4); and 

(xiv) review school discipline and climate data, 

disaggregated by each subgroup described in section 

1111(a)(3)(D), in assessing the needs of the school and, 

if low-achieving subgroups receive a disproportionate 

amount of suspensions, expulsions, or other forms of 

exclusionary discipline, incorporate evidence-based 

strategies to reduce out-of-classroom punishment and 

promote student engagement in the school’s improvement plan. 

(C) STATE AS LOCAL EDUCATIONAL AGENCY.—If a school 

identified as a priority school under this subsection for a 

3-year identification period is re-identified as a priority 

school for the subsequent 3-year period, the State may take 

over the school and act as the local educational agency for 

purposes of this subsection, if permitted under State law. 

(4) SCHOOL IMPROVEMENT STRATEGIES.— 

(A) REQUIRED ACTIVITIES FOR ALL SCHOOL IMPROVEMENT STRATEGIES.—A local educational agency implementing any strategies under this paragraph for a school 

shall— 

(i) provide staff at the school with ongoing professional development, consistent with the needs analysis 

described in paragraph (2); 

(ii) conduct regular evaluations for the teachers 

and principals at the school that provide specific feedback on areas of strength and in need of improvement; 

(iii) provide time for collaboration among instructional staff at the school to improve student achievement; 

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(iv) provide instructional staff at the school with 

timely access to student data to inform instruction and 

meet the academic needs of individual students, which 

may include, in elementary school, school readiness 

data; 

(v) collaborate with parents and families, the community, teachers, other school personnel at the school, 

and representatives of Indian tribes located in the area 

served by the local educational agency, on the selection 

and implementation of the strategy; 

(vi) use data to identify and implement a researchbased instructional program that— 

(I) analyzes student progress and performance 

and develops appropriate interventions for students who are not making adequate progress; 

(II) provides differentiated instruction and related instructional supports; and 

(III) meets the unique cultural, language, and 

educational needs of all students served by such 

school; 

(vii) in the case of an elementary school with kindergarten entry— 

(I) examine factors that contribute to school 

readiness as part of the needs analysis conducted 

under paragraph (2); 

(II) coordinate with appropriate high-quality 

early childhood programs, such as programs under 

the Child Care Development and Block Grant Act 

of 1990 (42 U.S.C. 9858 et seq.), the Head Start 

Act (42 U.S.C. 9801 et seq.), prekindergarten programs, and other similar Federal, State, and local 

programs, in order to align instruction to better 

prepare students for elementary school; and 

(III) develop a plan to improve or expand 

high-quality early childhood options which may 

include the use of funds under the program under 

this subpart and subpart 2 for such purposes; 

(viii) provide ongoing mechanisms for parent and 

family engagement; 

(ix) provide appropriate services and evidencebased, integrated supports for students as identified in 

the school’s needs analysis; 

(x) describe, in a report to the State educational 

agency and made available to the public upon request, 

how the local educational agency or school will adopt 

and implement policies or practices to develop, implement, improve, or expand positive behavioral interventions and supports, early intervening services, and 

school-based mental health programs in accordance 

with the requirements of clauses (xi) through (xiv); 

(xi)(I) review and analyze the school’s efforts to address behavioral or disciplinary problems; and 

(II) assist the school in developing, expanding, or 

improving the use of schoolwide positive behavioral 

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ties carried out under the Individuals with Disabilities 

Education Act; 

(xii) review and analyze the school’s efforts to identify and assist students with poor academic achievement and students who are children with disabilities, 

and assist the school in developing, implementing, or 

improving early intervening services that are coordinated with activities carried out under the Individuals 

with Disabilities Education Act; 

(xiii) review the number of discipline incidents in 

the school and use that information to assist the school 

to implement schoolwide positive behavioral interventions and supports or other early intervening services, 

or both; and 

(xiv) review and analyze the school’s efforts to address mental health needs among students and assist 

the school in developing or improving school-based 

mental health programs that are coordinated with activities carried out under the Individuals with Disabilities Education Act. 

(B) STRATEGIES.—A local educational agency shall 

identify a school improvement strategy for a school identified as a priority school under paragraph (1) from among 

the following strategies: 

(i) TRANSFORMATION STRATEGY.—A local educational agency implementing a transformation strategy in a school shall— 

(I) replace the principal, if the principal has 

served in that role at the school for more than 2 

years, with a principal who has a demonstrated 

record of success in increasing student achievement 

and— 

(aa) training or experience in raising student achievement; or 

(bb) training or experience in turning 

around low-performing schools; 

(II) require existing instructional staff and 

school leadership to reapply for their positions; 

(III) require that all instructional staff and 

school leadership hiring be done at the school 

through mutual consent; and 

(IV) establish schedules and implement strategies that provide increased learning time. 

(ii) TURNAROUND STRATEGY.—A local educational 

agency implementing a turnaround model as a strategy 

for a school shall— 

(I) replace the principal, if the principal has 

served in that role at the school for more than 2 

years, with a principal who has the demonstrated 

record of success and the training or experience described in item (aa) or (bb) of clause (i)(I); 

(II) screen all teachers in the school and retain 

not more than 65 percent of them; and 

(III) establish schedules and implement strategies that provide increased learning time. 

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(iii) WHOLE SCHOOL REFORM STRATEGY.—A local 

educational agency implementing a whole school reform strategy for a school shall implement an evidencebased strategy that ensures whole school reform. The 

strategy shall be undertaken in partnership with an external provider offering a school reform program that 

is based on at least a moderate level of evidence that 

the program will have a statistically significant effect 

on student outcomes, including more than 1 well-designed or well-implemented experimental or quasi-experimental study. 

(iv) RESTART STRATEGY.—A local educational 

agency implementing a restart strategy in a school 

shall carry out the following: 

(I)(aa) Convert the school into a public charter 

school, or close and reopen the school as a public 

charter school in partnership with a nonprofit 

charter school operator, a nonprofit charter management organization, or a nonprofit education 

management organization, that has a demonstrated record of improving student achievement 

for students similar to those served by the school; 

or 

(bb) convert the school to a magnet school or 

create a new, innovative school, as defined by the 

State. 

(II) Ensure that the new school— 

(aa) serves the grade levels as the original 

school for which the strategy is being implemented; and 

(bb) enrolls any former student of the 

original school who requests to attend the 

school and then, after all such students are enrolled, admits additional students, using a 

random lottery system if more students apply 

for admission than can be accommodated. 

(v) SCHOOL CLOSURE STRATEGY.—A local educational agency implementing a school closure strategy 

for a school— 

(I) shall close the school and enroll the students who attended the school in other schools, including charter schools, served by the local educational agency that are within reasonable proximity to the closed school, as determined by the 

local educational agency, and that are higher-performing than the school that is being closed; 

(II) shall provide transportation, or shall pay 

for the provision of transportation, for each such 

student to the student’s new school, consistent with 

State law and local educational agency policy; 

(III) shall provide information about highquality educational options, as well as transition 

and support services to students, who attended the 

closed school and the students’ parents; and 

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(IV) may use school improvement funds provided under subsection (f) to pay for the expenses 

of— 

(aa) transitioning students from the school 

that is being closed to the new school; 

(bb) supporting the new school; and 

(cc) expanding and offering student supports and services within the new school, 

which may include high-quality prekindergarten programs and services. 

(C) FLEXIBILITY.— (i) FLEXIBILITY FOR CERTAIN LOCAL EDUCATIONAL

AGENCIES.—Notwithstanding any other provision of 

this paragraph— 

(I) a local educational agency that is eligible 

for services under subpart 1 or 2 of part B of title 

VI, as determined by the Secretary, may modify 

not more than 1 of the elements or activities required under subparagraph (A) of a school improvement strategy selected for a school identified 

under paragraph (4) in order to better meet the 

needs of students in such school; and 

(II) a State educational agency may apply to 

the Secretary for a waiver of clauses (i)(I) and 

(ii)(I) of subparagraph (B). 

(ii) STATE FLEXIBILITY.—Notwithstanding any 

other provision of this paragraph, a State educational 

agency may, with the approval of the Secretary, establish an alternative State-determined, evidence-based, 

school improvement strategy that may be used by local 

educational agencies in the State in addition to the 

strategies described in subparagraph (B), except that 

funds provided under this title shall not be used for 

school vouchers. 

(D) PUBLIC SCHOOL CHOICE.— (i) IN GENERAL.—In addition to the requirements 

of subparagraph (A) and the school improvement strategy determined under subparagraph (B) or (C)(ii), a 

local educational agency shall, not later than 3 months 

before the first day of the school year following identification as a priority school under paragraph (1), provide all students enrolled in the identified school with 

the option to transfer to another public school served by 

the local educational agency that has not been identified under such paragraph, unless such an option is 

prohibited by State law. 

(ii) PRIORITY.—In providing students the option to 

transfer to another public school, the local educational 

agency shall give priority to the lowest-achieving children from low-income families, as determined by the 

local educational agency for the purposes of allocating 

funds to schools under section 1113(a)(3). 

(iii) TREATMENT.—Students who use the option to 

transfer to another public school shall be enrolled in 

classes and other activities in the public school to 

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which the students transfer in the same manner as all 

other children at the public school. 

(iv) SPECIAL RULE.—A local educational agency 

shall permit a child who transfers to another public 

school under this subparagraph to remain in that 

school until the child has completed the highest grade 

in such school. 

(5) IMPROVEMENT.— 

(A) IN GENERAL.—The State educational agency shall 

no longer identify a school that has been identified as a priority school for any remainder of the school’s 3-year identification period if— 

(i) after 2 years of the 3-year period for which a 

school is identified as a priority school under paragraph (1), the school has met all of the school’s performance targets as described in section 1111(a)(3)(C); 

or 

(ii) after 2 years of the 3-year period, the State determines, based on the most current data, that the 

school’s rate of improvement is sufficient to enable the 

school to meet all of the school’s performance targets by 

the end of the 3-year period. 

(B) CONTINUED ELIGIBILITY FOR SCHOOL IMPROVEMENT

FUNDS.—If an eligible entity, as defined in subsection (f)(1), 

was receiving school improvement funds under subsection 

(f) for a school that improves as described in subparagraph 

(A), the eligible entity shall continue to receive such grant 

funds, and use such funds to carry out the grant activities 

in such school, for the full period of such grant. 

(6) REPEATED CLASSIFICATION AS A PRIORITY SCHOOL.— 

(A) IN GENERAL.—For each public school that is identified as a priority school under paragraph (1) for any portion of a 3-year period and is re-identified under such paragraph for the subsequent time period, the local educational 

agency shall carry out the requirements of this subsection 

for such subsequent period by implementing, with respect to 

such school, the restart strategy or school closure strategy 

under clause (iv) or (v) of paragraph (4)(B). 

(B) SPECIAL RULE.—Notwithstanding subparagraph 

(A), a local educational agency serving a school described 

in such paragraph may, in coordination with the State educational agency and based on a community needs assessment, apply to the Secretary for a waiver to implement another school improvement model not previously used by the 

local educational agency for the school. 

(e) REPORT ON PROFESSIONAL DEVELOPMENT FUNDS FOR PRIORITY SCHOOLS.—Each local educational agency that receives 

subgrant funds under the program under this subpart and subpart 

2 shall prepare and submit a report to the State educational agency, 

at the end of each school year, regarding— 

(1) the local educational agency’s use of funds for professional development, as required under section 2123(b)(2), in 

schools identified as priority schools under subsection (d) that 

did not receive funds under subsection (f); and 

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(2) any changes in, or effects on, student performance at 

such schools during such school year. 

(f) SCHOOL IMPROVEMENT FUNDS.— (1) DEFINITIONS.—In this subsection: 

(A) ELIGIBLE ENTITY.—the term ‘‘eligible entity’’ 

means— 

(i) a State educational agency that is operating a 

statewide recovery school district; 

(ii) a local educational agency that receives funds 

under the program under this subpart and subpart 2 

and serves at least 1 eligible school; 

(iii) a consortium of such local educational agencies; or 

(iv) an educational service agency that serves at 

least 1 local educational agency described in clause (ii). 

(B) ELIGIBLE SCHOOL.—The term ‘‘eligible school’’ 

means a school identified as a priority school under subsection (d). 

(2) ALLOTMENTS TO STATES.— 

(A) IN GENERAL.—From the funds made available to 

carry out this subsection under section 3(a)(2) for a fiscal 

year, the Secretary shall provide States that submit an application described in paragraph (3) with school improvement funds through an allotment, as determined under 

subparagraph (B) and in addition to the amounts made 

available to States under subpart 2, to enable the States to 

award subgrants and carry out the activities described in 

this subsection to assist eligible schools. 

(B) ALLOTMENTS TO STATES.—From the funds made 

available to carry out this subsection under section 3(a)(2) 

for a fiscal year, the Secretary shall allot to each State with 

an approved application an amount that bears the same relation to such funds as the amount that the State received 

under subpart 2 for the preceding fiscal year bears to the 

amount that all States receive under such subpart for such 

fiscal year. 

(3) STATE APPLICATION.—A State that desires to receive 

school improvement funds under this subsection shall submit 

an application to the Secretary at such time, in such manner, 

and accompanied by such information as the Secretary may require. Each application shall include a description of— 

(A) the process and the criteria that the State will use 

to award subgrants under paragraph (5)(A)(i); 

(B) the process and the criteria the State will use to determine whether the eligible entity’s proposal for each eligible school meets the requirements of paragraphs (2) and 

(4), and subparagraphs (A) and (B) of paragraph (3), of 

subsection (d); 

(C) how the State will ensure geographic diversity in 

making subgrants; 

(D) how the State will set priorities in awarding subgrants to eligible entities; 

(E) how the State will monitor and evaluate the implementation of school improvement strategies by eligible entities, including how the State will use the results of the evalmstockstill on DSK4VPTVN1PROD with HEARINGS

240 

uation to improve State strategies for supporting schools 

identified under subsection (d); and 

(F) how the State will reduce barriers for schools in the 

implementation of school improvement strategies, including 

operational flexibility that would enable complete implementation of the selected school improvement strategy. 

(4) STATE ADMINISTRATION AND TECHNICAL ASSISTANCE.—A 

State that receives an allotment under this subsection may reserve not more than a total of 5 percent of such allotment for 

the administration of this subsection, which may include activities aimed at building State capacity to support the local educational agency and school improvement, such as providing 

technical assistance and other support (including regular site 

visits to monitor implementation of selected school improvement 

strategies to eligible entities serving eligible schools), either directly or through educational service agencies or other public or 

private organizations. 

(5) SCHOOL IMPROVEMENT ACTIVITIES.— (A) IN GENERAL.—A State that receives school improvement funds under this subsection shall use not less than 95 

percent of such allotment to carry out school improvement 

activities for eligible schools by— 

(i) awarding subgrants, on a competitive basis, to 

eligible entities to enable the eligible entities to carry 

out the activities described in subparagraph (C) for eligible schools; or 

(ii) if the State chooses and the local educational 

agency serving an eligible school agrees, directly providing the activities described in subparagraph (C)(ii) 

to the eligible school and the local educational agency, 

or arranging for other entities, such as school support 

teams or educational service agencies, to provide such 

activities to the school. 

(B) SUBGRANTS.— 

(i) APPLICATIONS.—An eligible entity that desires a 

subgrant under this paragraph shall submit an application to the State at such time, in such manner, and 

including such information as the State shall require. 

The application shall include a description of how the 

eligible entity will carry out the requirements of paragraphs (2) and (4), and subparagraphs (A) and (B) of 

paragraph (3), of subsection (d) for each eligible school 

to be served by the grant. 

(ii) DEMONSTRATION OF ADDITIONAL RESPONSIBILITIES.—Each eligible entity that desires a subgrant 

under this paragraph shall demonstrate in its application that the eligible entity has— 

(I) adopted human resource policies that 

prioritize the recruitment, retention, and placement 

of effective staff in eligible schools; 

(II) ensured that eligible schools have access to 

resources to implement the school improvement 

strategies described in subsection (d)(4), such as 

facilities, professional development, and technology; 

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241 

(III) identified opportunities to reduce duplication, increase efficiency, and assist eligible schools 

in complying with reporting requirements of State 

and Federal programs; 

(IV) developed an early warning indicator system that monitors school-level data, and alerts the 

eligible school when a student indicates slowed 

progress toward high school graduation, so that 

the school can provide appropriate student interventions; and 

(V) facilitated alignment and coordination between high-quality early childhood education programs and services serving students who will attend eligible schools that are elementary schools, 

and teachers and principals of such eligible 

schools. 

(iii) SUBGRANT SIZE.—A State shall award subgrants under this paragraph of sufficient size to enable 

subgrant recipients to fully and effectively implement 

the selected school improvement strategies. 

(iv) SUBGRANT PERIOD.—Each subgrant awarded 

under this paragraph shall be for a 5-year period. 

(v) WITHHOLDING FINAL FUNDING.—In order for a 

State to award subgrant funds to an eligible entity for 

the final 2 years of the subgrant cycle, the eligible entity shall demonstrate that the schools receiving funds 

under this paragraph have made significant progress 

on the leading indicators. 

(C) USE OF SUBGRANT FUNDS.—An eligible entity that 

receives a subgrant under this paragraph shall use the 

subgrant funds to— 

(i) carry out the requirements of subparagraphs (A) 

and (B) of paragraph (3), and paragraphs (2) and (4), 

of subsection (d) in an eligible school that has been 

identified under such subsection as of the date of the 

grant award, which may include a maximum 1-year 

planning period; and 

(ii) carry out activities at the local educational 

agency level that directly support such implementation, 

such as— 

(I) assistance in data collection and analysis; 

(II) recruiting and retaining staff; 

(III) teacher and principal evaluation; 

(IV) professional development; 

(V) coordination of services to address students’ social, emotional, and health needs; and 

(VI) progress monitoring. 

(D) SUPPLEMENT, NOT SUPPLANT.—An eligible entity or 

State shall use Federal funds received under this subsection only to supplement the funds that would, in the absence of such Federal funds, be made available from nonFederal sources for the education of pupils participating in 

programs funded under this subsection. 

(E) INTERVENTION BY STATE.—In the case of a State 

educational agency that has taken over a school or local 

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242 

educational agency, the State may use an amount of funds 

under this subsection similar to the amount that the school 

or local educational agency would receive, under this subsection, in order to carry out the activities described in subparagraph (C) for the school and local educational agency, 

either directly or through an eligible entity designated by 

the State educational agency. 

(6) NATIONAL ACTIVITIES.—From amounts appropriated 

and reserved for this paragraph under section 3(a)(2)(B), the 

Secretary shall carry out the following national activities: 

(A) Activities focused on building State and local educational agency capacity to turn around eligible schools 

and schools in rural areas through activities such as— 

(i) identifying and disseminating effective school 

improvement strategies, including in rural areas; 

(ii) making available targeted technical assistance, 

including planning and implementation tools; and 

(iii) expanding the availability of turnaround partners capable of assisting in turning around eligible 

schools, including in rural areas. 

(B) Activities focused on building capacity to turn 

around eligible schools, including in rural areas. 

(C) The use of data, research, and evaluation to— 

(i) identify schools that are implementing school 

improvement strategies effectively; 

(ii) identify effective school improvement strategies; 

and 

(iii) collect and disseminate that information to 

States and local educational agencies in a manner that 

facilitates replication of effective practices. 

(D) Other activities designed to support State and local 

efforts to improve eligible schools. 

(7) EVALUATION.—The Director of the Institute of Education 

Sciences shall conduct an evaluation of the programs carried 

out under this subsection. 

(g) CONSTRUCTION.—Nothing in this section shall be construed 

to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or 

local laws (including applicable regulations or court orders) or 

under the terms of collective bargaining agreements, memoranda of 

understanding, or other agreements between such employees and 

their employers. 

øSEC. 1117. SCHOOL SUPPORT AND RECOGNITION. 

ø(a) SYSTEM FOR SUPPORT.— 

ø(1) IN GENERAL.—Each State shall establish a statewide 

system of intensive and sustained support and improvement 

for local educational agencies and schools receiving funds 

under this part, in order to increase the opportunity for all students served by those agencies and schools to meet the State’s 

academic content standards and student academic achievement 

standards. 

ø(2) PRIORITIES.—In carrying out this subsection, a State 

shall— 

ø(A) first, provide support and assistance to local educational agencies with schools subject to corrective action 

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243 

under section 1116 and assist those schools, in accordance 

with section 1116(b)(11), for which a local educational 

agency has failed to carry out its responsibilities under 

paragraphs (7) and (8) of section 1116(b); 

ø(B) second, provide support and assistance to other 

local educational agencies with schools identified as in 

need of improvement under section 1116(b); and 

ø(C) third, provide support and assistance to other 

local educational agencies and schools participating under 

this part that need that support and assistance in order to 

achieve the purpose of this part. 

ø(3) REGIONAL CENTERS.—Such a statewide system shall, 

to the extent practicable, work with and receive support and 

assistance from regional educational laboratories established 

under part D of the Education Sciences Reform Act of 2002 

and comprehensive centers established under the Educational 

Technical Assistance Act of 2002 and the comprehensive regional technical assistance centers and the regional educational laboratories under section 941(h) of the Educational 

Research, Development, Dissemination, and Improvement Act 

of 1994 (as such section existed on the day before the date of 

enactment of the Education Sciences Reform Act of 2002), or 

other providers of technical assistance. 

ø(4) STATEWIDE SYSTEM.— ø(A) In order to achieve the purpose described in paragraph (1), the statewide system shall include, at a minimum, the following approaches: 

ø(i) Establishing school support teams in accordance with subparagraph (C) for assignment to, and 

working in, schools in the State that are described in 

paragraph (2). 

ø(ii) Providing such support as the State educational agency determines necessary and available in 

order to ensure the effectiveness of such teams. 

ø(iii) Designating and using distinguished teachers and principals who are chosen from schools served 

under this part that have been especially successful in 

improving academic achievement. 

ø(iv) Devising additional approaches to providing 

the assistance described in paragraph (1), such as providing assistance through institutions of higher education and educational service agencies or other local 

consortia, and private providers of scientifically based 

technical assistance. 

ø(B) PRIORITY.—The State educational agency shall 

give priority to the approach described in clause (i) of subparagraph (A). 

ø(5) SCHOOL SUPPORT TEAMS.— 

ø(A) COMPOSITION.—Each school support team established under this section shall be composed of persons 

knowledgeable about scientifically based research and 

practice on teaching and learning and about successful 

schoolwide projects, school reform, and improving educational opportunities for low-achieving students, including— 

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ø(i) highly qualified or distinguished teachers and 

principals; 

ø(ii) pupil services personnel; 

ø(iii) parents; 

ø(iv) representatives of institutions of higher education; 

ø(v) representatives of regional educational laboratories or comprehensive regional technical assistance centers; 

ø(vi) representatives of outside consultant groups; 

or 

ø(vii) other individuals as the State educational 

agency, in consultation with the local educational 

agency, may determine appropriate. 

ø(B) FUNCTIONS.—Each school support team assigned 

to a school under this section shall— 

ø(i) review and analyze all facets of the school’s 

operation, including the design and operation of the 

instructional program, and assist the school in developing recommendations for improving student performance in that school; 

ø(ii) collaborate with parents and school staff and 

the local educational agency serving the school in the 

design, implementation, and monitoring of a plan that, 

if fully implemented, can reasonably be expected to 

improve student performance and help the school meet 

its goals for improvement, including adequate yearly 

progress under section 1111(b)(2)(B); 

ø(iii) evaluate, at least semiannually, the effectiveness of school personnel assigned to the school, including identifying outstanding teachers and principals, 

and make findings and recommendations to the school, 

the local educational agency, and, where appropriate, 

the State educational agency; and 

ø(iv) make additional recommendations as the 

school implements the plan described in clause (ii) to 

the local educational agency and the State educational 

agency concerning additional assistance that is needed 

by the school or the school support team. 

ø(C) CONTINUATION OF ASSISTANCE.—After one school 

year, from the beginning of the activities, such school support team, in consultation with the local educational agency, may recommend that the school support team continue 

to provide assistance to the school, or that the local educational agency or the State educational agency, as appropriate, take alternative actions with regard to the school. 

ø(b) STATE RECOGNITION.— 

ø(1) ACADEMIC ACHIEVEMENT AWARDS PROGRAM.— 

ø(A) IN GENERAL.—Each State receiving a grant under 

this part— 

ø(i) shall establish a program for making academic achievement awards to recognize schools that 

meet the criteria described in subparagraph (B); and 

ø(ii) as appropriate and as funds are available 

under subsection (c)(2)(A), may financially reward 

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schools served under this part that meet the criteria 

described in clause (ii). 

ø(B) CRITERIA.—The criteria referred to in subparagraph (A) are that a school— 

ø(i) significantly closed the achievement gap between the groups of students described in section 

1111(b)(2); or 

ø(ii) exceeded their adequate yearly progress, consistent with section 1111(b)(2), for 2 or more consecutive years. 

ø(2) DISTINGUISHED SCHOOLS.—Of those schools meeting 

the criteria described in paragraph (2), each State shall designate as distinguished schools those schools that have made 

the greatest gains in closing the achievement gap as described 

in subparagraph (B)(i) or exceeding adequate yearly progress 

as described in subparagraph (B)(ii). Such distinguished 

schools may serve as models for and provide support to other 

schools, especially schools identified for improvement under 

section 1116, to assist such schools in meeting the State’s academic content standards and student academic achievement 

standards. 

ø(3) AWARDS TO TEACHERS.—A State program under paragraph (1) may also recognize and provide financial awards to 

teachers teaching in a school described in such paragraph that 

consistently makes significant gains in academic achievement 

in the areas in which the teacher provides instruction, or to 

teachers or principals designated as distinguished under subsection (a)(4)(A)(iii). 

ø(c) FUNDING.— 

ø(1) IN GENERAL.—Each State— 

ø(A) shall use funds reserved under section 1003(a) 

and may use funds made available under section 1003(g) 

for the approaches described under subsection (a)(4)(A); 

and 

ø(B) shall use State administrative funds authorized 

under section 1004(a) to establish the statewide system of 

support described under subsection (a). 

ø(2) RESERVATIONS OF FUNDS BY STATE.— 

ø(A) AWARDS PROGRAM.—For the purpose of carrying 

out subsection (b)(1), each State receiving a grant under 

this part may reserve, from the amount (if any) by which 

the funds received by the State under subpart 2 for a fiscal 

year exceed the amount received by the State under that 

subpart for the preceding fiscal year, not more than 5 percent of such excess amount. 

ø(B) TEACHER AWARDS.—For the purpose of carrying 

out subsection (b)(3), a State educational agency may reserve such funds as necessary from funds made available 

under section 2113. 

ø(3) USE WITHIN 3 YEARS.—Notwithstanding any other provision of law, the amount reserved under subparagraph (A) by 

a State for each fiscal year shall remain available to the State 

until expended for a period not exceeding 3 years receipt of 

funds. 

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ø(4) SPECIAL ALLOCATION RULE FOR SCHOOLS IN HIGH-POV- ERTY AREAS.— ø(A) IN GENERAL.—Each State shall distribute not less 

than 75 percent of any amount reserved under paragraph 

(2)(A) for each fiscal year to schools described in subparagraph (B), or to teachers in those schools consistent with 

subsection (b)(3). 

ø(B) SCHOOL DESCRIBED.—A school described in subparagraph (A) is a school whose student population is in 

the highest quartile of schools statewide in terms of the 

percentage of children from low income families.¿ 

øSEC. 1119¿SEC. 1117. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS. 

ø(a) TEACHER QUALIFICATIONS AND MEASURABLE OBJEC- TIVES.— ø(1) IN GENERAL.—Beginning with the first day of the first 

school year after the date of enactment of the No Child Left 

Behind Act of 2001, each local educational agency receiving assistance under this part shall ensure that all teachers hired 

after such day and teaching in a program supported with funds 

under this part are highly qualified. 

ø(2) STATE PLAN.—As part of the plan described in section 

1111, each State educational agency receiving assistance under 

this part shall develop a plan to ensure that all teachers teaching in core academic subjects within the State are highly qualified not later than the end of the 2005–2006 school year. Such 

plan shall establish annual measurable objectives for each local 

educational agency and school that, at a minimum— 

ø(A) shall include an annual increase in the percentage of highly qualified teachers at each local educational 

agency and school, to ensure that all teachers teaching in 

core academic subjects in each public elementary school 

and secondary school are highly qualified not later than 

the end of the 2005–2006 school year; 

ø(B) shall include an annual increase in the percentage of teachers who are receiving high-quality professional 

development to enable such teachers to become highly 

qualified and successful classroom teachers; and 

ø(C) may include such other measures as the State 

educational agency determines to be appropriate to increase teacher qualifications. 

ø(3) LOCAL PLAN.—As part of the plan described in section 

1112, each local educational agency receiving assistance under 

this part shall develop a plan to ensure that all teachers teaching within the school district served by the local educational 

agency are highly qualified not later than the end of the 2005– 

2006 school year. 

ø(b) REPORTS.— 

ø(1) ANNUAL STATE AND LOCAL REPORTS.— 

ø(A) LOCAL REPORTS.—Each State educational agency 

described in subsection (a)(2) shall require each local educational agency receiving funds under this part to publicly 

report, each year, beginning with the 2002–2003 school 

year, the annual progress of the local educational agency 

as a whole and of each of the schools served by the agency, 

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in meeting the measurable objectives described in subsection (a)(2). 

ø(B) STATE REPORTS.—Each State educational agency 

receiving assistance under this part shall prepare and submit each year, beginning with the 2002–2003 school year, 

a report to the Secretary, describing the State educational 

agency’s progress in meeting the measurable objectives described in subsection (a)(2). 

ø(C) INFORMATION FROM OTHER REPORTS.—A State 

educational agency or local educational agency may submit 

information from the reports described in section 1111(h) 

for the purposes of this subsection, if such report is modified, as may be necessary, to contain the information required by this subsection, and may submit such information as a part of the reports required under section 

1111(h). 

ø(2) ANNUAL REPORTS BY THE SECRETARY.—Each year, beginning with the 2002–2003 school year, the Secretary shall 

publicly report the annual progress of State educational agencies, local educational agencies, and schools, in meeting the 

measurable objectives described in subsection (a)(2).¿ 

(a) TEACHER QUALIFICATIONS.— 

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

each local educational agency receiving assistance under the 

program under this subpart and subpart 2 shall ensure that all 

teachers teaching a core academic subject in a program supported with funds under such subparts are highly qualified 

teachers and are certified in the subject area in which the 

teachers are assigned to teach. 

(2) EXCEPTION.—Each local educational agency located in 

a State in which the State has fully implemented a professional 

growth and improvement system shall only be required to comply with the requirements under paragraph (1) as they relate to 

new teachers. 

(3) SPECIAL RULE FOR SMALL, RURAL, OR REMOTE

SCHOOLS.—In the case of a local educational agency that is unable to provide a highly qualified teacher to serve as an on-site 

classroom teacher for a core academic subject in a small, rural, 

or remote school, the local educational agency may meet the requirements of this section by using distance learning to provide 

such instruction by a teacher who is a highly qualified teacher 

for purposes of the core academic subject, as long as— 

(A) the teacher who is a highly qualified teacher in the 

core academic subject— 

(i) is responsible for providing at least 50 percent 

of the direct instruction in the core academic subject 

through distance learning; 

(ii) is responsible for monitoring student progress; 

and 

(iii) is the teacher who assigns the students their 

grades; and 

(B) an on-site teacher who is a highly qualified teacher 

for a subject other the core academic subject taught through 

distance learning is present in the classroom throughout 

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the period of distance learning and provides supporting instruction and assistance to the students. 

(b) QUALIFICATIONS FOR AMERICAN INDIAN, ALASKA NATIVE, OR

NATIVE HAWAIIAN LANGUAGE, CULTURE, OR HISTORY TEACHERS.— 

(1) LANGUAGE OR CULTURE.— 

(A) IN GENERAL.—Notwithstanding any other provision 

of law, the requirements of subsection (a) on local educational agencies with respect to highly qualified teachers 

shall not apply to a teacher of American Indian, Alaska 

Native, or Native Hawaiian language or culture, whether 

the teacher is teaching on a permanent, part-time, or occasional basis. 

(B) COMPETENCY.—A State may require that a local 

tribe or tribal organization, as defined in section 4 of the 

Indian Self-Determination and Education Assistance Act 

(25 U.S.C. 450b), verify the competency of a public school 

teacher of American Indian, Alaska Native, or Native Hawaiian language or culture to teach such subject, to the 

chief administrative officer of the local educational agency 

or the chief State school officer. 

(2) HISTORY.— 

(A) IN GENERAL.—Notwithstanding any other provision 

of law, the requirements of subsection (a) on local educational agencies with respect to highly qualified teachers, 

shall not apply to a teacher who is a Native elder or other 

authority on American Indian, Alaska Native, or Native 

Hawaiian history and who provides instruction in such 

subject, whether on a part-time or occasional basis. 

(B) COMPETENCY.—A State may require that a local 

tribe or tribal organization, as defined in section 4 of the 

Indian Self-Determination and Education Assistance Act 

(25 U.S.C. 450b), verify the competency of the instructor described in subparagraph (A) of American Indian, Alaska 

Native, or Native Hawaiian history to teach such subject, 

to the chief administrative officer of the local educational 

agency or the chief State school officer. 

(c) NEW PARAPROFESSIONALS.— 

(1) IN GENERAL.—Each local educational agency receiving 

assistance under this part shall ensure that all paraprofessionals øhired after the date of enactment of the No Child Left 

Behind Act of 2001 and¿ working in a program supported with 

funds under this part shall have— 

(A) * * * 

* * * * * * * 

ø(d) EXISTING PARAPROFESSIONALS.—Each local educational 

agency receiving assistance under this part shall ensure that all 

paraprofessionals hired before the date of enactment of the No 

Child Left Behind Act of 2001, and working in a program supported with funds under this part shall, not later than 4 years after 

the date of enactment satisfy the requirements of subsection (c).¿ 

ø(e)¿(d) EXCEPTIONS FOR TRANSLATION AND PARENTAL INVOLVEMENT ACTIVITIES.—øSubsections (c) and (d)¿Subsection (c) 

shall not apply to a paraprofessional— 

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(1) * * * 

* * * * * * * 

ø(f)¿(e) GENERAL REQUIREMENT FOR ALL PARAPROFES- SIONALS.—* * * 

ø(g)¿(f) DUTIES OF PARAPROFESSIONALS.— (1) IN GENERAL.—* * * 

* * * * * * * 

ø(h)¿(g) USE OF FUNDS.—* * * 

ø(i)¿(h) VERIFICATION OF COMPLIANCE.— (1) IN GENERAL.—* * * 

* * * * * * * 

øø(j)¿(i) COMBINATIONS OF FUNDS.—Funds provided under this 

part that are used for professional development purposes may be 

combined with funds provided under title II of this Act, other Acts, 

and other sources.¿ 

(i) SPECIAL RULE.—A State educational agency may not require 

a school or a local educational agency to expend a specific amount 

of funds for professional development activities under the program 

under this subpart and subpart 2. 

ø(k)¿(j) SPECIAL RULE.—* * * 

ø(l) MINIMUM EXPENDITURES.—Each local educational agency 

that receives funds under this part shall use not less than 5 percent, or more than 10 percent, of such funds for each of fiscal years 

2002 and 2003, and not less than 5 percent of the funds for each 

subsequent fiscal year, for professional development activities to 

ensure that teachers who are not highly qualified become highly 

qualified not later than the end of the 2005–2006 school year.¿ 

øSEC. 1118. PARENTAL INVOLVEMENT. 

ø(a) LOCAL EDUCATIONAL AGENCY POLICY.— ø(1) IN GENERAL.—A local educational agency may receive 

funds under this part only if such agency implements programs, activities, and procedures for the involvement of parents in programs assisted under this part consistent with this 

section. Such programs, activities, and procedures shall be 

planned and implemented with meaningful consultation with 

parents of participating children. 

ø(2) WRITTEN POLICY.—Each local educational agency that 

receives funds under this part shall develop jointly with, agree 

on with, and distribute to, parents of participating children a 

written parent involvement policy. The policy shall be incorporated into the local educational agency’s plan developed 

under section 1112, establish the agency’s expectations for parent involvement, and describe how the agency will— 

ø(A) involve parents in the joint development of the 

plan under section 1112, and the process of school review 

and improvement under section 1116; 

ø(B) provide the coordination, technical assistance, 

and other support necessary to assist participating schools 

in planning and implementing effective parent involvement activities to improve student academic achievement 

and school performance; 

ø(C) build the schools’ and parents’ capacity for strong 

parental involvement as described in subsection (e); 

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ø(D) coordinate and integrate parental involvement 

strategies under this part with parental involvement strategies under other programs, such as the Head Start program, Reading First program, Early Reading First program, Even Start program, Parents as Teachers program, 

and Home Instruction Program for Preschool Youngsters, 

and State-run preschool programs; 

ø(E) conduct, with the involvement of parents, an annual evaluation of the content and effectiveness of the parental involvement policy in improving the academic quality of the schools served under this part, including identifying barriers to greater participation by parents in activities authorized by this section (with particular attention to 

parents who are economically disadvantaged, are disabled, 

have limited English proficiency, have limited literacy, or 

are of any racial or ethnic minority background), and use 

the findings of such evaluation to design strategies for 

more effective parental involvement, and to revise, if necessary, the parental involvement policies described in this 

section; and 

ø(F) involve parents in the activities of the schools 

served under this part. 

ø(3) RESERVATION.— ø(A) IN GENERAL.—Each local educational agency shall 

reserve not less than 1 percent of such agency’s allocation 

under subpart 2 of this part to carry out this section, including promoting family literacy and parenting skills, except that this paragraph shall not apply if 1 percent of 

such agency’s allocation under subpart 2 of this part for 

the fiscal year for which the determination is made is 

$5,000 or less. 

ø(B) PARENTAL INPUT.—Parents of children receiving 

services under this part shall be involved in the decisions 

regarding how funds reserved under subparagraph (A) are 

allotted for parental involvement activities. 

ø(C) DISTRIBUTION OF FUNDS.—Not less than 95 percent of the funds reserved under subparagraph (A) shall be 

distributed to schools served under this part. 

ø(b) SCHOOL PARENTAL INVOLVEMENT POLICY.— ø(1) IN GENERAL.—Each school served under this part shall 

jointly develop with, and distribute to, parents of participating 

children a written parental involvement policy, agreed on by 

such parents, that shall describe the means for carrying out 

the requirements of subsections (c) through (f). Parents shall 

be notified of the policy in an understandable and uniform format and, to the extent practicable, provided in a language the 

parents can understand. Such policy shall be made available to 

the local community and updated periodically to meet the 

changing needs of parents and the school. 

ø(2) SPECIAL RULE.—If the school has a parental involvement policy that applies to all parents, such school may amend 

that policy, if necessary, to meet the requirements of this subsection. 

ø(3) AMENDMENT.—If the local educational agency involved 

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plies to all parents, such agency may amend that policy, if necessary, to meet the requirements of this subsection. 

ø(4) PARENTAL COMMENTS.—If the plan under section 1112 

is not satisfactory to the parents of participating children, the 

local educational agency shall submit any parent comments 

with such plan when such local educational agency submits the 

plan to the State. 

ø(c) POLICY INVOLVEMENT.—Each school served under this part 

shall— 

ø(1) convene an annual meeting, at a convenient time, to 

which all parents of participating children shall be invited and 

encouraged to attend, to inform parents of their school’s participation under this part and to explain the requirements of 

this part, and the right of the parents to be involved; 

ø(2) offer a flexible number of meetings, such as meetings 

in the morning or evening, and may provide, with funds provided under this part, transportation, child care, or home visits, as such services relate to parental involvement; 

ø(3) involve parents, in an organized, ongoing, and timely 

way, in the planning, review, and improvement of programs 

under this part, including the planning, review, and improvement of the school parental involvement policy and the joint 

development of the schoolwide program plan under section 

1114(b)(2), except that if a school has in place a process for involving parents in the joint planning and design of the school’s 

programs, the school may use that process, if such process includes an adequate representation of parents of participating 

children; 

ø(4) provide parents of participating children— 

ø(A) timely information about programs under this 

part; 

ø(B) a description and explanation of the curriculum 

in use at the school, the forms of academic assessment 

used to measure student progress, and the proficiency levels students are expected to meet; and 

ø(C) if requested by parents, opportunities for regular 

meetings to formulate suggestions and to participate, as 

appropriate, in decisions relating to the education of their 

children, and respond to any such suggestions as soon as 

practicably possible; and 

ø(5) if the schoolwide program plan under section 

1114(b)(2) is not satisfactory to the parents of participating 

children, submit any parent comments on the plan when the 

school makes the plan available to the local educational agency. 

ø(d) SHARED RESPONSIBILITIES FOR HIGH STUDENT ACADEMIC

ACHIEVEMENT.—As a component of the school-level parental involvement policy developed under subsection (b), each school served 

under this part shall jointly develop with parents for all children 

served under this part a school-parent compact that outlines how 

parents, the entire school staff, and students will share the responsibility for improved student academic achievement and the means 

by which the school and parents will build and develop a partnership to help children achieve the State’s high standards. Such compact shall— 

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ø(1) describe the school’s responsibility to provide highquality curriculum and instruction in a supportive and effective learning environment that enables the children served 

under this part to meet the State’s student academic achievement standards, and the ways in which each parent will be responsible for supporting their children’s learning, such as monitoring attendance, homework completion, and television 

watching; volunteering in their child’s classroom; and participating, as appropriate, in decisions relating to the education of 

their children and positive use of extracurricular time; and 

ø(2) address the importance of communication between 

teachers and parents on an ongoing basis through, at a minimum— 

ø(A) parent-teacher conferences in elementary schools, 

at least annually, during which the compact shall be discussed as the compact relates to the individual child’s 

achievement; 

ø(B) frequent reports to parents on their children’s 

progress; and 

ø(C) reasonable access to staff, opportunities to volunteer and participate in their child’s class, and observation 

of classroom activities. 

ø(e) BUILDING CAPACITY FOR INVOLVEMENT.—To ensure effective involvement of parents and to support a partnership among 

the school involved, parents, and the community to improve student academic achievement, each school and local educational 

agency assisted under this part— 

ø(1) shall provide assistance to parents of children served 

by the school or local educational agency, as appropriate, in 

understanding such topics as the State’s academic content 

standards and State student academic achievement standards, 

State and local academic assessments, the requirements of this 

part, and how to monitor a child’s progress and work with educators to improve the achievement of their children; 

ø(2) shall provide materials and training to help parents to 

work with their children to improve their children’s achievement, such as literacy training and using technology, as appropriate, to foster parental involvement; 

ø(3) shall educate teachers, pupil services personnel, principals, and other staff, with the assistance of parents, in the 

value and utility of contributions of parents, and in how to 

reach out to, communicate with, and work with parents as 

equal partners, implement and coordinate parent programs, 

and build ties between parents and the school; 

ø(4) shall, to the extent feasible and appropriate, coordinate and integrate parent involvement programs and activities 

with Head Start, Reading First, Early Reading First, Even 

Start, the Home Instruction Programs for Preschool Youngsters, the Parents as Teachers Program, and public preschool 

and other programs, and conduct other activities, such as parent resource centers, that encourage and support parents in 

more fully participating in the education of their children; 

ø(5) shall ensure that information related to school and 

parent programs, meetings, and other activities is sent to the 

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parents of participating children in a format and, to the extent 

practicable, in a language the parents can understand; 

ø(6) may involve parents in the development of training for 

teachers, principals, and other educators to improve the effectiveness of such training; 

ø(7) may provide necessary literacy training from funds received under this part if the local educational agency has exhausted all other reasonably available sources of funding for 

such training; 

ø(8) may pay reasonable and necessary expenses associated with local parental involvement activities, including 

transportation and child care costs, to enable parents to participate in school-related meetings and training sessions; 

ø(9) may train parents to enhance the involvement of other 

parents; 

ø(10) may arrange school meetings at a variety of times, 

or conduct in-home conferences between teachers or other educators, who work directly with participating children, with parents who are unable to attend such conferences at school, in 

order to maximize parental involvement and participation; 

ø(11) may adopt and implement model approaches to improving parental involvement; 

ø(12) may establish a districtwide parent advisory council 

to provide advice on all matters related to parental involvement in programs supported under this section; 

ø(13) may develop appropriate roles for community-based 

organizations and businesses in parent involvement activities; 

and 

ø(14) shall provide such other reasonable support for parental involvement activities under this section as parents may 

request. 

ø(f) ACCESSIBILITY.—In carrying out the parental involvement 

requirements of this part, local educational agencies and schools, to 

the extent practicable, shall provide full opportunities for the participation of parents with limited English proficiency, parents with 

disabilities, and parents of migratory children, including providing 

information and school reports required under section 1111 in a 

format and, to the extent practicable, in a language such parents 

understand. 

ø(g) INFORMATION FROM PARENTAL INFORMATION AND RE- SOURCE CENTERS.—In a State where a parental information and resource center is established to provide training, information, and 

support to parents and individuals who work with local parents, 

local educational agencies, and schools receiving assistance under 

this part, each local educational agency or school that receives assistance under this part and is located in the State shall assist parents and parental organizations by informing such parents and organizations of the existence and purpose of such centers. 

ø(h) REVIEW.—The State educational agency shall review the 

local educational agency’s parental involvement policies and practices to determine if the policies and practices meet the requirements of this section.¿ 

SEC. 1118. PARENT AND FAMILY ENGAGEMENT. 

(a) LOCAL EDUCATIONAL AGENCY PARENT AND FAMILY ENGAGEMENT ASSESSMENT AND PLAN.— 

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(1) IN GENERAL.—In order to increase student academic 

achievement and improve child development, a local educational agency may receive funds under the program under 

this subpart and subpart 2 only if such agency develops and 

implements a strategic, evidence-based plan to support meaningful engagement of parents and family members in education 

(referred to in this section as the ‘‘parent and family engagement plan’’). Such plan shall be— 

(A) based on a needs assessment of parents and family 

members, school instructional and leadership personnel, 

and community leaders, conducted to inform the development of the plan; and 

(B) developed and implemented through meaningful 

consultation with— 

(i) parents and family members of participating 

children; 

(ii) youth who have graduated from schools that 

are part of the local educational agency; 

(iii) as applicable, employers, business leaders, and 

philanthropic organizations; 

(iv) other members of the community who are committed to increasing student academic achievement and 

improving child development; 

(v) to the greatest extent practicable, individuals 

with expertise in effectively engaging parents and family members in education; and 

(vi) organizations that have a demonstrated record 

of effectiveness in assisting students in becoming college and career ready, as determined in accordance 

with the State academic content standards under section 1111(a)(1). 

(2) ANNUAL SURVEY.—A local educational agency described 

in paragraph (1) shall, on an annual basis, conduct a survey, 

through electronic means to the extent practicable, including delivery through mobile devices, of all parents, family members, 

and all school instructional and leadership personnel, to— 

(A) determine the needs of parents and family members, in order to assist with the learning of their children 

and engage with school personnel, including all teachers of 

their children; 

(B) identify strategies to support school-family interactions, including identifying and addressing the barriers 

to effective parental involvement in a manner responsive to 

the cultural and language needs of such parents; 

(C) determine the level of parent and family engagement in each respondent’s respective school and the level of 

engagement of school leaders with parent and family members; 

(D) identify perceived and actual barriers to the activities described in subparagraph (A); and 

(E) determine the perceptions about the school’s conditions for learning. 

(3) PARENT AND FAMILY ENGAGEMENT PLAN.— 

(A) DEVELOPMENT.—Based on the results of the survey 

described in paragraph (2), each local educational agency 

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receiving funds under the program under this subpart and 

subpart 2 shall develop and implement an annual parent 

and family engagement plan jointly with the parents and 

family members of participating children and, where applicable, with a parent advisory committee that represents the 

entire school district. Such plan shall— 

(i) be designed to foster the engagement of parents 

and other family members and school instructional 

and leadership personnel; 

(ii) be designed to integrate such engagement into 

the practice of all the local educational agency’s schools 

that are served under the program under this subpart 

and subpart 2; 

(iii) establish parent engagement goals for the local 

educational agency and such schools; and 

(iv) establish annual quantifiable performance 

benchmarks for such goals, which shall require continual progress toward the achievement of such goals. 

(B) ADDITIONAL ELEMENTS.—The parent and family 

engagement plan shall— 

(i) establish the school’s expectations for, and commitment to support, meaningful, evidence-based, parent 

and family engagement strategies; 

(ii) describe the process through which the school 

will equip parents and family members, with particular attention to economically disadvantaged parents and family members, to— 

(I) act in partnership with local educational 

agency and school personnel to improve the academic achievement and development of their children; and 

(II) participate in school improvement strategies; 

(iii) describe how the local educational agency will 

provide the coordination, technical assistance, and 

other support and conditions necessary to assist participating schools in planning and implementing effective parent and family engagement strategies, such 

as— 

(I) making facilities of the local educational 

agency available, as appropriate; 

(II) making compensatory time available for 

educators to conduct home visits; 

(III) establishing co-location with public assistance programs; 

(IV) encouraging the implementation of community school models and related activities; and 

(V) utilizing the expertise of, and developing 

strategies with, organizations that have a demonstrated track record of success in supporting 

parent and family engagement; 

(iv) provide for not less than 1 schoolwide meeting 

during each academic year, at a convenient time, to 

which parents and family members of participating 

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children shall be invited and encouraged to attend, in 

order to— 

(I) review the parent and family engagement 

plan; 

(II) inform parents and family members of opportunities for engagement in their child’s education; and 

(III) explain to parents and family members 

the right of the parents and family members to be 

involved, and the benefits of meaningful engagement; 

(v) provide parents with an opportunity to develop 

the knowledge and skills to engage in full partnerships 

with school instructional and leadership staff of the 

school in the education of their children; 

(vi) provide for professional development and other 

evidence-based support to school instructional and 

leadership personnel regarding effective parent and 

family engagement; 

(vii) to the extent feasible and appropriate, coordinate and integrate parent and family engagement programs and strategies with other Federal, State, and 

local programs; 

(viii) provide information to school personnel, students, and parents about the school’s use of positive behavioral interventions and supports, school-based mental health programs, and the expectations of school personnel, students, and parents in supporting a safe 

learning environment for all students; and 

(ix) describe how the local educational agency will 

coordinate with parent and family information and resource centers established under part H of title IV. 

(b) ANNUAL REVIEW OF PERFORMANCE BENCHMARKS.—Each 

year, each local educational agency described in subsection (a), each 

school served under the program under this subpart, and the parent 

advisory board established under subsection (g) shall collaboratively 

review the benchmarks for each of the goals established under subsection (a)(3)(A)(iii). Based on the review— 

(1) if a local educational agency has met or made continual 

progress toward meeting, its annual benchmarks in such year, 

the local educational agency will continue to implement the parent and family engagement plan; 

(2) if the local educational agency has not met or made continual progress toward meeting its annual benchmarks in such 

year, the local educational agency and parent advisory board 

shall jointly determine the cause after taking into the account 

the results of the end-of-the-year survey described in subsection 

(c); and 

(3) the local educational agency shall publicly report on 

whether the agency has met or made continual progress toward 

meeting such benchmarks, and the degree to which the benchmarks were met. 

(c) END-OF-THE-YEAR SURVEY.—As part of the review described 

in subsection (b), a local educational agency shall conduct an endof-the-year survey of parents and school instructional and leadermstockstill on DSK4VPTVN1PROD with HEARINGS

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ship personnel, including parents and personnel who participated in 

the survey described in subsection (a)(2), to determine whether the 

needs of parents and personnel were met through the implementation of the plan. 

(d) REVISION OF PLAN.—The local educational agency and the 

parent advisory board established under subsection (g) shall address the causes described in subsection (b)(2) and the results of the 

survey in subsection (c) in the development or revision of the parent 

and family engagement plan. 

(e) RESERVATION AND USE OF FUNDS.— 

(1) IN GENERAL.—Each local educational agency shall reserve not less than 2 percent of such agency’s allocation under 

subpart 2 to assist schools in carrying out the activities described in this section, subject to paragraph (2). 

(2) EXCEPTION.—The reservation requirement under paragraph (1) shall not apply if 1 percent of the local educational 

agency’s allocation under subpart 2 for the fiscal year for which 

the determination is made is equal to or less than $5,000. 

(3) DISTRIBUTION OF FUNDS.— 

(A) IN GENERAL.—A local educational agency shall— 

(i) distribute not less than 75 percent of funds reserved under paragraph (1) to schools served under 

this subpart; and 

(ii) use not more than 20 percent of such funds for 

parent and family engagement activities at the local 

educational agency level. 

(B) PRIORITY.—In allocating the funds described in 

subparagraph (A), each local educational agency shall give 

priority to high-need schools. 

(4) USE OF FUNDS.—Funds reserved under paragraph (1) 

may be used to carry out activities and strategies consistent 

with the parent and family engagement plan described in subsection (a), including not less than 1 of the following: 

(A) Designating or establishing a dedicated office or 

dedicated personnel for parent and family engagement. 

(B) Providing professional development for local educational agency and school personnel regarding parent and 

family engagement strategies, which may be provided jointly to teachers, school leaders, early childhood educators, 

and parents and family members. 

(C) Providing adult education and literacy activities, 

as defined in section 203 of the Adult Education and Family Literacy Act (20 U.S.C. 9201 et seq.). 

(D) Supporting home visitation programs. 

(E) Engaging in other evidence-based or promising 

strategies for improving and increasing parent and family 

engagement, which may include family and student supports, as defined in section 4703. 

(F) Disseminating information on best practices (such 

as implementation, replication, impact studies, and evaluations) focused on parent and family engagement, especially 

best practices for increasing the engagement of economically 

disadvantaged parents and family members. 

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(G) Contracting with experienced parent organizations 

to assist with training and other activities under this section. 

(H) Collaborating, or providing subgrants to schools to 

enable the schools to collaborate, with community-based organizations, or employers, with a demonstrated track 

record of success in improving and increasing student academic achievement and parent and family engagement to— 

(i) enhance student achievement and development 

through greater engagement with children, such as experiential learning opportunities and internships; 

(ii) increase opportunities for such organizations 

and employers to support family engagement activities, 

including by offering family engagement training and 

supporting adult education and family literacy programs; and 

(iii) expand the role of the school as a community 

resource, such as by using facilities for community 

events, meetings, career or health fairs, or adult education and family literacy activities. 

(f) ACCESSIBILITY.—In carrying out the parent and family engagement requirements of this subpart, local educational agencies 

and schools, to the greatest extent practicable, shall provide opportunities for the full and informed participation of parents and family members (including parents and family members with disabilities), including providing information and school reports in a format and, to the greatest extent practicable, in a language such parents can understand. 

(g) PARENT ADVISORY BOARD.—Each local educational agency 

described in subsection (a) shall establish a parent advisory board 

for the purposes of developing, revising, and reviewing the parent 

and family engagement plan. Such board shall— 

(1) consist of a sufficient number of parents of children attending the local educational agency’s schools served under this 

subpart to adequately represent the interests and needs of parents at the local educational agency; 

(2) meet multiple times throughout the school year; and 

(3) be representative of the population served by the local 

educational agency. 

øSEC. 1120¿SEC. 1119. PARTICIPATION OF CHILDREN ENROLLED IN 

PRIVATE SCHOOLS. 

(a) GENERAL REQUIREMENT.— 

(1) IN GENERAL.—To the extent consistent with the number 

of eligible children identified under section 1115(b) in the 

school district served by a local educational agency who are enrolled in private elementary schools and secondary schools, a 

local educational agency shall, after timely and meaningful 

consultation with appropriate private school officials, provide 

such children, on an equitable basis, special educational services or other benefits under this part (such as dual enrollment, 

educational radio and television, computer equipment and materials, other technology, and mobile educational services and 

equipment) that address their needs, and shall ensure that 

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table basis, in services and activities developed pursuant to 

øsections 1118 and 1119¿sections 1117 and 1118. 

* * * * * * * 

(c) ALLOCATION FOR EQUITABLE SERVICE TO PRIVATE SCHOOL

STUDENTS.— 

(1) CALCULATION.—* * * 

* * * * * * * 

(2) COMPLAINT PROCESS.—Any dispute regarding low-income data for private school students shall be subject to the 

complaint process authorized in section ø9505¿9503. 

* * * * * * * 

øSEC. 1120A¿SEC. 1120. FISCAL REQUIREMENTS. 

(a) MAINTENANCE OF EFFORT.—A local educational agency may 

receive funds under this part for any fiscal year only if the State 

educational agency øinvolved¿ finds that the local educational 

agency has maintained the agency’s fiscal effort in accordance with 

section 9521. 

* * * * * * * 

ø(c) COMPARABILITY OF SERVICES.— ø(1) IN GENERAL.— ø(A) COMPARABLE SERVICES.—Except as provided in 

paragraphs (4) and (5), a local educational agency may receive funds under this part only if State and local funds 

will be used in schools served under this part to provide 

services that, taken as a whole, are at least comparable to 

services in schools that are not receiving funds under this 

part. 

ø(B) SUBSTANTIALLY COMPARABLE SERVICES.—If the 

local educational agency is serving all of such agency’s 

schools under this part, such agency may receive funds 

under this part only if such agency will use State and local 

funds to provide services that, taken as a whole, are substantially comparable in each school. 

ø(C) BASIS.—A local educational agency may meet the 

requirements of subparagraphs (A) and (B) on a gradespan by grade-span basis or a school-by-school basis. 

ø(2) WRITTEN ASSURANCE.— ø(A) EQUIVALENCE.—A local educational agency shall 

be considered to have met the requirements of paragraph 

(1) if such agency has filed with the State educational 

agency a written assurance that such agency has established and implemented— 

ø(i) a local educational agency-wide salary schedule; 

ø(ii) a policy to ensure equivalence among schools 

in teachers, administrators, and other staff; and 

ø(iii) a policy to ensure equivalence among schools 

in the provision of curriculum materials and instructional supplies. 

ø(B) DETERMINATIONS.—For the purpose of this subsection, in the determination of expenditures per pupil 

from State and local funds, or instructional salaries per 

pupil from State and local funds, staff salary differentials 

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for years of employment shall not be included in such determinations. 

ø(C) EXCLUSIONS.—A local educational agency need 

not include unpredictable changes in student enrollment or 

personnel assignments that occur after the beginning of a 

school year in determining comparability of services under 

this subsection. 

ø(3) PROCEDURES AND RECORDS.—Each local educational 

agency assisted under this part shall— 

ø(A) develop procedures for compliance with this subsection; and 

ø(B) maintain records that are updated biennially documenting such agency’s compliance with this subsection. 

ø(4) INAPPLICABILITY.—This subsection shall not apply to a 

local educational agency that does not have more than one 

building for each grade span. 

ø(5) COMPLIANCE.—For the purpose of determining compliance with paragraph (1), a local educational agency may exclude State and local funds expended for— 

ø(A) language instruction educational programs; and 

ø(B) the excess costs of providing services to children 

with disabilities as determined by the local educational 

agency.¿ 

(c) COMPARABILITY.— (1) IN GENERAL.— (A) COMPARABILITY.—Beginning for the 2015–2016 

school year, a local educational agency may receive funds 

under the program under this subpart and subpart 2 only 

if the local educational agency demonstrates to the State 

educational agency that the combined State and local perpupil expenditures (including actual personnel and actual 

nonpersonnel expenditures) in each school served under this 

subpart, in the most recent year for which such data were 

available, are not less than the average combined State and 

local per-pupil expenditures for those schools that are not 

served under this subpart. 

(B) ALTERNATIVE COMPARABILITY.—If the local educational agency is serving all of the schools under its jurisdiction under this subpart, the agency shall demonstrate to 

the State educational agency that the average combined 

State and local per-pupil expenditures (including actual 

personnel and actual nonpersonnel expenditures) for its 

high-poverty schools, in the most recent year for which such 

data are available, were not less than the average combined 

State and local per-pupil expenditures for its low-poverty 

schools. 

(C) BASIS.—A local educational agency may meet the 

requirements of subparagraphs (A) and (B) on a local educational agency-wide basis or a grade-span by grade-span 

basis. 

(D) EXCLUSION OF FUNDS.— (i) IN GENERAL.—For the purpose of complying 

with this paragraph, a local educational agency shall 

exclude any State or local funds expended in any 

school for— 

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(I) excess costs of providing services to English 

learners; 

(II) excess costs of providing services to children with disabilities; 

(III) capital expenditures; and 

(IV) such other expenditures as the Secretary 

determines appropriate. 

(ii) CHANGES AFTER THE BEGINNING OF THE

SCHOOL YEAR.—A local educational agency need not include unpredictable changes in student enrollment or 

personnel assignments that occur after the beginning of 

a school year in determining compliance under this 

subsection. 

(2) DOCUMENTATION.—A local educational agency shall 

demonstrate that it is meeting the requirements of paragraph 

(1) by submitting to the State educational agency the per-pupil 

expenditures, personnel expenditures, nonpersonnel expenditures, and total expenditures for each school served by the local 

educational agency. 

(3) INAPPLICABILITY.—This subsection shall not apply to a 

local educational agency that does not have more than 1 building for each grade span. 

(4) PROCESS AND PROCEDURES.— (A) LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES.— Each local educational agency assisted under the program 

under this subpart and subpart 2 shall, by October 31, 

2016, report to the State educational agency on its compliance with the requirements of this subsection for the preceding school year, including a listing, by school, of actual 

combined per-pupil State and local personnel and nonpersonnel expenditures. 

(B) STATE EDUCATIONAL AGENCY RESPONSIBILITIES.— 

Each State educational agency assisted under the program 

under this subpart and subpart 2 shall ensure that such information is made publicly available by the State or the 

local educational agency, including the school-by-school 

listing described in subparagraph (A). 

(C) PLAN.—A local educational agency that does not 

meet the requirements of this subsection in any year shall 

develop and implement a plan to ensure compliance for the 

subsequent school year and may be required by the State 

educational agency to report on its progress in implementing such plan. 

(5) TRANSITION PROVISIONS.— 

(A) SCHOOL YEARS PRECEDING THE 2015–2016 SCHOOL

YEAR.—For school years preceding the 2015–2016 school 

year, a local educational agency may receive funds under 

the program under this subpart and subpart 2 only if the 

local educational agency demonstrates to the State educational agency that the local educational agency meets the 

requirements of section 1120A, as in effect on the day before 

the date of enactment of the Strengthening America’s 

Schools Act of 2013. 

(B) TRANSITION BETWEEN REQUIREMENTS.—The Secretary shall take such steps as are necessary to provide for 

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the orderly transition between the requirements under section 1120A, as in effect on the day before the date of enactment of the Strengthening America’s Schools Act of 2013, 

and the new requirements under this section, as amended 

by such Act. 

(6) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to require a local educational agency to 

transfer school personnel in order to comply with this subsection. 

(7) COMPARABLE REQUIREMENTS.—In the case of a State, 

State educational agency, or local educational agency that has, 

before the date of enactment of the Strengthening America’s 

Schools Act of 2013, enacted requirements relating to the comparability of educational expenditures that differ from the requirements of this subsection, the Secretary shall allow the 

local educational agency to demonstrate comparability of educational expenditures for purposes of this subsection through 

the enacted requirements if the Secretary determines that the 

enacted requirements provide the same, or a higher, standard 

of comparability for schools served under this subpart as required by this subsection. 

* * * * * * * 

øøSEC. 1120B¿SEC. 1120A. COORDINATION REQUIREMENTS. 

ø(a) IN GENERAL.—Each local educational agency receiving assistance under this part shall carry out the activities described in 

subsection (b) with Head Start agencies and, if feasible, other entities carrying out early childhood development programs such as the 

Early Reading First program. 

ø(b) ACTIVITIES.—The activities referred to in subsection (a) 

are activities that increase coordination between the local educational agency and a Head Start agency and, if feasible, other entities carrying out early childhood development programs, such as 

the Early Reading First program, serving children who will attend 

the schools of the local educational agency, including— 

ø(1) developing and implementing a systematic procedure 

for receiving records regarding such children, transferred with 

parental consent from a Head Start program or, where applicable, another early childhood development program such as the 

Early Reading First program; 

ø(2) establishing channels of communication between 

school staff and their counterparts (including teachers, social 

workers, and health staff) in such Head Start agencies or other 

entities carrying out early childhood development programs 

such as the Early Reading First program, as appropriate, to facilitate coordination of programs; 

ø(3) conducting meetings involving parents, kindergarten 

or elementary school teachers, and Head Start teachers or, if 

appropriate, teachers from other early childhood development 

programs such as the Early Reading First program, to discuss 

the developmental and other needs of individual children; 

ø(4) organizing and participating in joint transition-related 

training of school staff, Head Start program staff, Early Reading First program staff, and, where appropriate, other early 

childhood development program staff; and 

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ø(5) linking the educational services provided by such local 

educational agency with the services provided by local Head 

Start agencies and entities carrying out Early Reading First 

programs. 

ø(c) COORDINATION OF REGULATIONS.—The Secretary shall 

work with the Secretary of Health and Human Services to coordinate regulations promulgated under this part with regulations promulgated under the Head Start Act.¿ 

SEC. 1120A. COORDINATION REQUIREMENTS. 

(a) IN GENERAL.—Each local educational agency receiving assistance under the program under this subpart and subpart 2 shall 

carry out the activities described in subsection (b) with Head Start 

agencies (consistent with section 642(e)(5) of the Head Start Act (42 

U.S.C. 9837(e)(5)), providers of services under part C of the Individuals with Disabilities Education Act, programs carried out under 

section 619 of such Act, and, if feasible, other entities carrying out 

high-quality early childhood education programs and services. 

(b) ACTIVITIES.—The activities and services referred to in subsection (a) include— 

(1) developing and implementing a systematic procedure for 

transferring, with parental consent, early childhood program 

records for each participating child to the school in which such 

child will enroll; 

(2) establishing ongoing communication between early 

childhood program staff and their counterparts in the schools 

(including teachers, principals, social workers, local educational 

agency liaisons designated under section 722(g)(1)(J)(ii) of the 

McKinney-Vento Homeless Assistance Act, and health staff) to 

facilitate the coordination and alignment of programs; 

(3) establishing ongoing communications between the early 

childhood program and the local educational agency for developing continuity of developmentally appropriate instructional 

programs and shared expectations for children’s learning and 

development as children transition to school; 

(4) organizing and participating in joint training, including transition-related training for school staff and early childhood programs; 

(5) establishing comprehensive transition policies and procedures that support the school readiness of children 

transitioning to school; 

(6) conducting outreach to parents, families, and elementary school teachers to discuss the educational, developmental, 

and other needs of children entering school; 

(7) helping parents of children who are English learners 

understand— 

(A) the instructional and other services provided by the 

school in which such child will enroll after participation in 

a Head Start program or other Federal early childhood 

care and education program; and 

(B) as appropriate, the information provided to parents 

of English learners under section 3202; 

(8) helping parents understand the instructional and other 

services provided by the school in which their child will enroll 

after participation in a Head Start program or other Federal 

early childhood care and education program; and 

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(9) developing and implementing a system to increase program participation of underserved populations of eligible children, especially children eligible for a free or reduced price 

lunch under the Richard B. Russell National School Lunch Act 

(42 U.S.C. 1751 et seq.), parents of children who are English 

learners, and parents of children with disabilities. 

SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY 

OF THE INTERIOR. 

(a) RESERVATION OF FUNDS.—From the amount appropriated 

for payments to States for any fiscal year under øsection 1002(a) 

and 1125A(f)¿paragraphs (1) and (3) of section 3(a), the Secretary 

shall reserve a total of 1 percent to provide assistance to— 

(1) * * * 

* * * * * * * 

(b) ASSISTANCE TO OUTLYING AREAS.— 

(1) FUNDS RESERVED.—* * * 

* * * * * * * 

(3) LIMITATION FOR COMPETITIVE GRANTS.— 

(A) COMPETITIVE GRANTS.—The Secretary shall use 

funds described in paragraph (2) to award grants to the 

outlying areas øand freely associated States¿ to carry out 

the purposes of this part. 

(B) AWARD BASIS.—* * * 

(C) USES.—* * * 

(i) * * * 

(ii) to provide direct educational services that assist all students with meeting øchallenging State academic content standards¿college and career ready 

State academic content standards under section 

1111(a)(1). 

* * * * * * * 

ø(c) DEFINITIONS.—For the purpose of subsections (a) and (b)— 

ø(1) the term ‘‘freely associated states’’ means the Republic 

of the Marshall Islands, the Federated States of Micronesia, 

and the Republic of Palau; and 

ø(2) the term ‘‘outlying area’’ means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth 

of the Northern Mariana Islands.¿ 

(c) DEFINITION OF OUTLYING AREA.—As used in subsections (a) 

and (b), the term ‘‘outlying area’’ has the meaning given that term 

in subparagraphs (A) and (B) of section 9101(44). 

* * * * * * * 

SEC. 1122. ALLOCATIONS TO STATES. 

(a) ALLOCATION FORMULA.—Of the amount appropriated under 

øsection 1002(a) to carry out this part for each of fiscal years 2002– 

2007¿section 3(a)(1) to carry out this part for each of fiscal years 

2014 through 2019 (referred to in this subsection as the current fiscal year)— 

(1) * * * 

* * * * * * * 

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SEC. 1125A. EDUCATION FINANCE INCENTIVE GRANT PROGRAM. 

(a) GRANTS.—From funds appropriated under øsubsection 

(f)¿section 3(a)(3), the Secretary is authorized to make grants to 

States, from allotments under subsection (b), to carry out the programs and activities of this part. 

(b) DISTRIBUTION BASED UPON FISCAL EFFORT AND EQUITY.— (1) IN GENERAL.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), funds appropriated pursuant to øsubsection (f)¿section 

3(a)(3) shall be allotted to each State based upon the number of children counted under section 1124(c) in such State 

multiplied by the product of— 

(i) * * * 

* * * * * * * 

ø(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may be 

necessary for fiscal year 2002 and for each of the 5 succeeding fiscal years.¿ 

ø(g)¿(f) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIA- TIONS.— (1) IN GENERAL.—* * * 

* * * * * * * 

SEC. 1127. CARRYOVER AND WAIVER. 

(a) LIMITATION ON CARRYOVER.—* * * 

* * * * * * * 

Subpart 3—Blue Ribbon Schools; Centers of Excellence in Early Childhood; Green Ribbon Schools 

SEC. 1131. BLUE RIBBON SCHOOLS. 

(a) PROGRAM PURPOSE.—It is the purpose of this section to assist States and local educational agencies in identifying and rewarding high-performing public schools. 

(b) BLUE RIBBON SCHOOLS.— (1) IDENTIFICATION OF BLUE RIBBON SCHOOLS.—Each State 

receiving a grant under the program under subpart 1 and subpart 2 may— 

(A) define the category of blue ribbon schools, consistent with paragraph (2), for the State as part of its State 

plan in section 1111(b); and 

(B) identify, for each school year, the schools in the 

State that are blue ribbon schools for such year. 

(2) BLUE RIBBON SCHOOL CRITERIA.— 

(A) IN GENERAL.—If a State elects to carry out this subsection, the State’s blue ribbon schools shall consist of the 

highest 5 percent of the State’s public elementary schools 

and secondary schools, as designated by the State based 

on— 

(i) the percentage of proficient or advanced students, as determined under section 1111(a)(3)(B)(ii)(I), 

in English or language arts, and mathematics; 

(ii) in the case of high schools, the school’s graduation rates; 

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(iii) the performance of each category of students 

described in section 1111(a)(3)(D); 

(iv) the percentage of students who are meeting or 

exceeding the State student academic achievement 

standards or are achieving sufficient academic growth 

as described in section 1111(a)(3)(B)(iii); and 

(v) school gains. 

(B) NONELIGIBILITY FOR BLUE RIBBON STATUS.—A 

school identified under subsection (c) or (d) of section 1116 

for a year shall not be eligible for blue ribbon school status 

for the same year. 

(c) REWARDS.— 

(1) IN GENERAL.—Each State that defines and identifies 

blue ribbon schools under subsection (b)(1) for a school year 

may— 

(A) provide each blue ribbon school in the State with 

increased autonomy over the school’s budget, staffing, and 

time; 

(B) allow each blue ribbon school to have flexibility in 

the use of any funds provided to the school under this Act 

for any purpose allowed under this Act (notwithstanding 

any other provision of this Act), as long as such use is consistent with the Civil Rights Act of 1964 (42 U.S.C. 2000a 

et seq.), title IX of the Education Amendments of 1972 (20 

U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act 

of 1973 (29 U.S.C. 794), the Americans with Disabilities 

Act of 1990 (42 U.S.C. 12101 et seq.), and part B of the Individuals with Disabilities Education Act; and 

(C) reserve not more than .5 percent of the funds allotted to the State under subpart 2 and use such reserved 

amounts to distribute rewards, on a competitive basis, to 

local educational agencies that serve 1 or more blue ribbon 

schools identified under subsection (b) that receive funds 

under subpart 2 to enable the local educational agencies to 

provide awards to such blue ribbon schools that receive 

funds under such subpart. 

(2) USE OF REWARDS.—As a condition of receiving an 

award from a local educational agency under this subsection, 

a blue ribbon school shall agree to use the award funds to— 

(A) improve student achievement; and 

(B) provide technical assistance to the lowest-achieving 

schools in the closest geographic region of the State to the 

blue ribbon school, in accordance with the State plan under 

section 1111(b)(1)(E). 

SEC. 1132. CENTERS OF EXCELLENCE IN EARLY CHILDHOOD. 

(a) DEFINITION OF ELIGIBLE EARLY CHILDHOOD EDUCATION

PROGRAM.—In this section, the term ‘‘eligible early childhood education program’’ means an early childhood education program 

that— 

(1) serves young children from households that would be eligible to receive a free or reduced price lunch under the Richard 

B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); 

and 

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(2) is nominated, by the Governor of the State in which the 

program is located and through a competitive selection process, 

to be a center of excellence in early childhood under this section. 

(b) PROGRAM AUTHORIZED.— (1) IN GENERAL.—The Secretary of Education, acting jointly 

with the Secretary of Health and Human Services as provided 

in paragraph (2), shall, subject to the availability of funds 

under section 3(a)(4), establish a program under which the Secretary shall— 

(A) designate exemplary eligible early childhood education programs as centers of excellence in early childhood 

for the purposes of sharing best practices among early 

childhood education programs and to support or recognize 

the centers of excellence to improve the quality of care in 

programs in their local region; and 

(B) award bonus grants to each center of excellence in 

early childhood, to enable the center to carry out the activities described in subsection (e). 

(2) FEDERAL ADMINISTRATION.— 

(A) IN GENERAL.—With respect to this section, the Secretary shall bear responsibility for obligating and disbursing funds and ensuring compliance with applicable 

laws and administrative requirements, subject to subparagraph (B). 

(B) INTERAGENCY AGREEMENT.—The Secretary of Education and the Secretary of Health and Human Services 

shall jointly administer activities supported under this section on such terms as the Secretaries shall set forth in an 

interagency agreement. 

(c) APPLICATION.— 

(1) IN GENERAL.—In order to be eligible to be designated as 

a center of excellence in early childhood under subsection (b), 

an eligible early childhood education program shall submit an 

application to the Secretary at such time, in such manner, and 

containing such information as the Secretary may require. 

(2) CONTENTS.—At a minimum, the application shall include— 

(A) evidence that the eligible early childhood education 

program has significantly improved the school readiness, 

as determined by the Secretaries, of young children who 

have participated in the program; 

(B) evidence that the eligible early childhood education 

program demonstrates improved child outcomes across all 

the essential domains of school readiness; 

(C) evidence that the eligible early childhood education 

program has high staff qualifications that are designed to 

promote the social, emotional, physical, and cognitive development of children; 

(D) an assurance that the eligible early childhood education program will develop a collaborative partnership 

with other providers of early childhood education in the 

local community involved to conduct activities under subsection (e); 

(E) a nomination letter, from the Governor of the State 

in which the eligible early childhood education program is 

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located, demonstrating the eligible early childhood education program’s ability to— 

(i) provide the coordination, transition, and training services of the activities proposed to be carried out 

under the bonus grant, including the coordination of 

such activities with State and local agencies that provide early childhood education and development to 

young children and families in the community served 

by the eligible early childhood education program; and 

(ii) carry out the activities described in subsection 

(e)(1); and 

(F) a description of how the early childhood program, 

in order to expand accessibility and continuity of quality 

early childhood education and development services and 

programs, will coordinate activities under subsection (e) 

with— 

(i) programs serving children assisted under the 

Child Care and Development Block Grant Act of 1990 

(42 U.S.C. 9858 et seq.); 

(ii) the temporary assistance for needy families 

program funded under part A of title IV of the Social 

Security Act (42 U.S.C. 601 et seq.); 

(iii) the block grants to States for social services 

program funded under subtitle A of title XX of the Social Security Act (42 U.S.C. 1397 et seq.); 

(iv) child care programs supported directly 

through the Community Services Block Grant; 

(v) the Head Start and Early Head Start programs 

carried out under the Head Start Act; 

(vi) programs supported by grants under part I of 

title IV; 

(vii) other preschool programs supported under 

this title; 

(viii) programs carried out under section 619 and 

part C of the Individuals with Disabilities Education 

Act; 

(ix) State prekindergarten programs; 

(x) programs that support parent and family engagement, including programs funded under section 

1118 or, if applicable, grantees supported through parent and family information and resource center grants 

under part H of title IV; and 

(xi) other programs of early childhood education 

and development; and 

(G) a description of how the early childhood education 

program, if selected as a center for excellence in early childhood, will work with the local educational agency of the 

area in which the program is located, to— 

(i) provide for effective transitions between the program and elementary schools; and 

(ii) facilitate ongoing communication between the 

program and elementary school teachers concerning 

young children participating in the program to improve 

the teachers’ ability to work effectively with low-income, 

at-risk young children and their families. 

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(d) DESIGNATION AND BONUS GRANTS.— 

(1) IN GENERAL.—For each 5-year term described in paragraph (2), the Secretary shall— 

(A) select and designate, as centers of excellence in 

early childhood, not less than 1 early childhood education 

program from each of the several States of the United 

States, the District of Columbia, Commonwealth of Puerto 

Rico, and each of the outlying areas from which the Secretary has received applications; and 

(B) award each center of excellence in early childhood 

a bonus grant for the 5-year term, subject to paragraph 

(2)(B). 

(2) TERM OF DESIGNATION.— 

(A) IN GENERAL.—Subject to subparagraph (B), the 

Secretary shall designate each early childhood education 

program as a center of excellence in early childhood under 

paragraph (1) for a 5-year term. During the period of that 

designation, the program shall receive a bonus grant under 

this subsection. 

(B) REVOCATION.—The Secretary may revoke a program’s grant and designation under subparagraph (A) if 

the Secretary determines that the program has not made 

substantial progress in meeting the goals and objectives of 

the grant. 

(3) BONUS GRANT AMOUNT.— 

(A) MINIMUM AMOUNT OF BONUS GRANT.—Subject to 

the availability of appropriations, each bonus grant awarded under this subsection shall be in an amount of not less 

than $200,000 per year. 

(B) PRIORITY FOR INCREASED BONUS GRANT FUNDING.— 

In determining the amount of the bonus grant for a center 

of excellence in early childhood under this section, and subject to the requirements of subparagraph (A), the Secretary— 

(i) shall give priority to centers that, through their 

applications, demonstrate that their programs are of 

exceptional quality and would serve as exemplary models for programs in the same geographic region; and 

(ii) may give consideration to— 

(I) the populations served by the centers, such 

as centers that serve large proportions of young 

children who are English learners, children who 

are infants or toddlers with disabilities, as defined 

in section 632 of the Individuals with Disabilities 

Education Act, children with disabilities who are 

eligible for services under section 619 of such Act, 

homeless children, foster children, or children who 

receive child protective services, or young children 

of other underserved populations; and 

(II) centers that do an exceptional job meeting 

the needs of young children in such populations. 

(e) USE OF BONUS GRANT FUNDS.—A center of excellence in 

early childhood that receives a bonus grant under subsection (d) 

shall— 

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(1) use not less than 15 percent of the funds made available 

through the grant to disseminate to other early childhood education programs in the State involved (including to early childhood education programs who serve young children who live on 

tribal lands or come from families who engage in seasonal or 

migrant work), best practices for achieving early academic success, including best practices for— 

(A) achieving school readiness, including developing 

early literacy and mathematics skills; 

(B) achieving the acquisition of the English language 

for English learners, if appropriate to the population 

served; 

(C) providing high-quality comprehensive services, if 

applicable, for participating young children and their families; and 

(D) facilitating the social and emotional development of 

children and young children; and 

(2) use the remainder of such funds for not less than 2 of 

the following activities: 

(A) In the case of a center of excellence that is a Head 

Start program, providing Head Start services to additional 

eligible young children. 

(B) Extending the services of the center of excellence to 

provide full-day, full-week, or full-year care to young children served by the program, if appropriate to better meet 

the needs of working families in the community served by 

the center. 

(C) Further coordinating early childhood education 

programs and services and social services available in the 

community served by the center for at-risk young children, 

their families, and pregnant women. 

(D) Providing professional development for program instructional and support staff, including joint training for 

with child care providers, public preschool and elementary 

school teachers and school leaders, and other providers of 

early childhood education and development programs. 

(E) Developing or maintaining partnerships with institutions of higher education and nonprofit organizations, including community-based organizations, that recruit, train, 

place, and support postsecondary education students to 

serve as mentors and reading partners to preschool children in centers that serve such children. 

(F) Carrying out other activities determined by the center to improve the overall quality of the center’s early childhood education program and for which there is evidence 

that the activities will lead to improved safety, development, well-being, or school readiness of the young children 

served by the program. 

(G) Sharing best practices concerning the transition of 

children into elementary school. 

(f) REPORTS TO THE SECRETARY.—Each center of excellence in 

early childhood that receives bonus grant funds under this section 

shall submit an annual report to the Secretary, at such time and 

in such manner as the Secretary may require, that contains a description of the activities the center carried out with funds received 

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under this section, including a description of how such funds improved services for young children and families. 

(g) RESEARCH AND TECHNICAL ASSISTANCE.—From the funds 

made available to carry out this section, the Secretary may reserve 

not more than 1 percent of such funds to carry out the following activities: 

(1) Supporting a research collaborative among the Institute 

of Education Sciences, the National Institute of Child Health 

and Human Development, the Office of Planning, Research, and 

Evaluation within the Administration for Children and Families of the Department of Health and Human Services, and, as 

appropriate, other Federal entities, to support research on early 

learning that can inform improved State and other standards 

and licensing requirements and improved outcomes for young 

children, which collaborative shall— 

(A) biennially prepare and publish for public comment 

a detailed research plan; 

(B) support early learning research activities that could 

include determining— 

(i) the characteristics of early learning programs 

that produce positive developmental outcomes for 

young children; 

(ii) the effects of program quality standards on 

child outcomes; 

(iii) the relationships between specific interventions 

and types of child and family outcomes; 

(iv) the effectiveness of early learning provider 

training in raising program quality and improving 

child outcomes; 

(v) the effectiveness of professional development 

strategies in raising program quality and improving 

child outcomes; and 

(vi) how to improve the school readiness outcomes 

of young children who are English learners, children 

with special needs, and homeless children, including 

evaluation of professional development programs for 

working with such children; and 

(C) disseminate relevant research findings and best 

practices. 

(2) Evaluating barriers to improving the quality of early 

learning programs serving low-income young children, including evaluating barriers to successful interagency collaboration 

and coordination, by conducting a review of the statewide strategic reports developed by State Advisory Councils on Early 

Childhood Education and Care and other relevant reports, reporting the findings of such review to Congress, and disseminating relevant research findings and best practices. 

SEC. 1133. GREEN RIBBON SCHOOLS. 

The Secretary is authorized to identify and recognize exemplary 

schools, programs, and individuals. Such recognitions may include— 

(1) a Green Ribbon Schools program, such as the Green 

Ribbons School program carried out by the Secretary under section 5411(b)(5) as of the day before the date of enactment of the 

Strengthening America’s Schools Act of 2013, that recognizes 

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excellence in reducing environmental impact, increasing health 

and wellness, and providing sustainability education; and 

(2) an award program recognizing excellence exhibited by 

classified school employees in the public school system. 

Subpart 4—Grants for State Assessments and 

Related Activities 

SEC. 1141. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES. 

(a) GRANTS FOR STATE ASSESSMENTS.—From amounts made 

available under subsection (c)(1) to carry out this subsection, the 

Secretary shall make grants to States— 

(1) to enable States to pay the costs of developing, improving, or administering State assessments and standards consistent with section 1111(a), which may include the cost of 

working in voluntary partnerships with other States, at the sole 

discretion of each such State; and 

(2) in the case of States that have developed the assessments and standards consistent with the requirements of section 1111(a), to enable each such State— 

(A) to administer such assessments; or 

(B) to carry out other activities described in this section, which may include— 

(i) developing college and career ready State academic content and student academic achievement 

standards and aligned assessments in academic subjects for which standards and assessments are not required under section 1111(a); 

(ii) developing or improving assessments of 

English language proficiency necessary to comply with 

section 1111(a)(2)(D); 

(iii) developing multiple measures of student academic achievement, including measures that assess 

higher-order thinking skills and understanding, and 

elicit complex student demonstrations or applications 

of knowledge and skills to increase the reliability and 

validity of State assessment systems; 

(iv) developing, enhancing, or administering, in 

publicly funded early childhood education programs 

and elementary schools, early learning assessments (including accommodations to provide access for young 

children with disabilities) to improve instruction for 

young children; 

(v) strengthening the capacity of local educational 

agencies and schools to provide all students with the 

opportunity to increase educational achievement, including carrying out professional development activities aligned with State student academic achievement 

standards and assessments; 

(vi) expanding the range, and improving the quality, of accommodations available to English learners 

and students with disabilities to improve the use of 

such accommodations, including professional development activities; 

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(vii) improving the dissemination of information 

about student achievement and school performance to 

parents and families, including the development of information and reporting systems designed to— 

(I) identify best educational practices based on 

scientifically valid research; or 

(II) assist in linking records of student 

achievement, length of enrollment, and graduation 

over time; 

(viii) providing instructional supports, which may 

include formative assessments; 

(ix) developing computer adaptive assessments that 

meet the requirements of section 1111(a); 

(x) developing alternate assessments, as described 

in section 1111(a)(2)(E), aligned to alternate achievement standards; and 

(xi) providing professional development to local 

educational agency staff to transition between assessment systems, including technology for that purpose. 

(b) GRANTS FOR ENHANCED ASSESSMENT SYSTEMS.— 

(1) GRANT PROGRAM AUTHORIZED.—From amounts made 

available under subsection (c)(3) to carry out this subsection, 

the Secretary shall award, on a competitive basis, grants to 

State educational agencies to enable the State educational agencies to carry out the activities described in paragraph (3). 

(2) APPLICATION.—Each State educational agency desiring 

to receive a grant under this section shall submit an application 

to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. 

(3) AUTHORIZED ACTIVITIES.—Each State educational agency that receives a grant under this section shall use the grant 

funds to— 

(A) enable States, or a consortia of States, to collaborate with institutions of higher education or other organizations or agencies to improve the quality, validity, and reliability of State academic assessments beyond the requirements for such assessments described in section 1111(a)(2); 

(B) measure student academic achievement using multiple measures of student academic achievement from multiple sources, including measures that assess higher-order 

thinking skills and understanding; 

(C) chart student progress over time; or 

(D) evaluate student academic achievement through the 

development of comprehensive academic assessment instruments. 

(c) ALLOTMENT OF APPROPRIATED FUNDS.— 

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

each fiscal year, the Secretary shall use the amount of funds 

made available for this section for such year or $400,000,000 of 

such funds, whichever is less, to— 

(A) reserve one-half of 1 percent for the Bureau of Indian Education; 

(B) reserve one-half of 1 percent for the outlying areas; 

and 

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(C) from the amounts remaining after the application 

of subparagraphs (A) and (B), allocate to each State, for the 

purposes of carrying out the activities under subsection (a), 

an amount equal to— 

(i) $3,000,000; and 

(ii) with respect to any amounts remaining after 

the allocation is made under clause (i), an amount that 

bears the same relationship to such total remaining 

amounts as the number of students ages 5 through 17 

in the State (as determined by the Secretary on the 

basis of the most recent satisfactory data) bears to the 

total number of such students in all States. 

(2) SPECIAL RULE FOR FISCAL YEAR 2014.—For fiscal year 

2014, the Secretary shall use not less than $800,000,000 or, if 

a lesser amount is made available for this section for such year, 

such entire lesser amount, to carry out the requirements of 

paragraph (1). 

(3) REMAINDER.—Any amounts remaining for a fiscal year 

after the Secretary carries out paragraph (1) shall be made 

available to award funds to States under subsection (b) according to the quality, needs, and scope of the State application 

under this section. In determining the grant amount, the Secretary shall ensure that a State’s grant shall include an amount 

that bears the same relationship to the total funds available 

under this paragraph for the fiscal year as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears 

to the total number of such students in all States. 

(4) DEFINITION OF STATE.—In this section, the term ‘‘State’’ 

means each of the 50 States, the District of Columbia, and the 

Commonwealth of Puerto Rico. 

øPART B—STUDENT READING SKILLS 

IMPROVEMENT GRANTS¿ 

øSubpart 1—Reading First 

øSEC. 1201. PURPOSES. 

øThe purposes of this subpart are as follows: 

ø(1) To provide assistance to State educational agencies 

and local educational agencies in establishing reading programs for students in kindergarten through grade 3 that are 

based on scientifically based reading research, to ensure that 

every student can read at grade level or above not later than 

the end of grade 3. 

ø(2) To provide assistance to State educational agencies 

and local educational agencies in preparing teachers, including 

special education teachers, through professional development 

and other support, so the teachers can identify specific reading 

barriers facing their students and so the teachers have the 

tools to effectively help their students learn to read. 

ø(3) To provide assistance to State educational agencies 

and local educational agencies in selecting or administering 

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screening, diagnostic, and classroom-based instructional reading assessments. 

ø(4) To provide assistance to State educational agencies 

and local educational agencies in selecting or developing effective instructional materials (including classroom-based materials to assist teachers in implementing the essential components of reading instruction), programs, learning systems, and 

strategies to implement methods that have been proven to prevent or remediate reading failure within a State. 

ø(5) To strengthen coordination among schools, early literacy programs, and family literacy programs to improve reading achievement for all children. 

øSEC. 1202. FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES. 

ø(a) IN GENERAL.— ø(1) AUTHORIZATION TO MAKE GRANTS.—In the case of each 

State educational agency that in accordance with section 1203 

submits to the Secretary an application for a 6-year period, the 

Secretary, from amounts appropriated under section 1002(b)(1) 

and subject to the application’s approval, shall make a grant 

to the State educational agency for the uses specified in subsections (c) and (d). For each fiscal year, the funds provided 

under the grant shall equal the allotment determined for the 

State educational agency under subsection (b). 

ø(2) DURATION OF GRANTS.—Subject to subsection (e)(3), a 

grant under this section shall be awarded for a period of not 

more than 6 years. 

ø(b) DETERMINATION OF AMOUNT OF ALLOTMENTS.— ø(1) RESERVATIONS FROM APPROPRIATIONS.—From the total 

amount made available to carry out this subpart for a fiscal 

year, the Secretary— 

ø(A) shall reserve one-half of 1 percent for allotments 

for the United States Virgin Islands, Guam, American 

Samoa, and the Commonwealth of the Northern Mariana 

Islands, to be distributed among these outlying areas on 

the basis of their relative need, as determined by the Secretary in accordance with the purposes of this subpart; 

ø(B) shall reserve one-half of 1 percent for the Secretary of the Interior for programs under this subpart in 

schools operated or funded by the Bureau of Indian Affairs; 

ø(C) may reserve not more than 21⁄2 percent or 

$25,000,000, whichever is less, to carry out section 1205 

(relating to external evaluation) and section 1206 (relating 

to national activities); 

ø(D) shall reserve $5,000,000 to carry out sections 

1207 and 1224 (relating to information dissemination); and 

ø(E) for any fiscal year, beginning with fiscal year 

2004, for which the amount appropriated to carry out this 

subpart exceeds the amount appropriated for fiscal year 

2003, shall reserve, to carry out section 1204, the lesser 

of— 

ø(i) $90,000,000; or 

ø(ii) 10 percent of such excess amount. 

ø(2) STATE ALLOTMENTS.—In accordance with paragraph 

(3), the Secretary shall allot among each of the States the total 

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amount made available to carry out this subpart for any fiscal 

year and not reserved under paragraph (1). 

ø(3) DETERMINATION OF STATE ALLOTMENT AMOUNTS.— 

ø(A) IN GENERAL.—Subject to subparagraph (B), the 

Secretary shall allot the amount made available under 

paragraph (2) for a fiscal year among the States in proportion to the number of children, aged 5 to 17, who reside 

within the State and are from families with incomes below 

the poverty line for the most recent fiscal year for which 

satisfactory data are available, compared to the number of 

such individuals who reside in all such States for that fiscal year. 

ø(B) EXCEPTIONS.— 

ø(i) MINIMUM GRANT AMOUNT.—Subject to clause 

(ii), no State receiving an allotment under subparagraph (A) may receive less than one-fourth of 1 percent of the total amount allotted under such subparagraph. 

ø(ii) PUERTO RICO.—The percentage of the amount 

allotted under subparagraph (A) that is allotted to the 

Commonwealth of Puerto Rico for a fiscal year may 

not exceed the percentage that was received by the 

Commonwealth of Puerto Rico of the funds allocated to 

all States under subpart 2 of part A for the preceding 

fiscal year. 

ø(4) DISTRIBUTION OF SUBGRANTS.—The Secretary may 

make a grant to a State educational agency only if the State 

educational agency agrees to expend at least 80 percent of the 

amount of the funds provided under the grant for the purpose 

of making, in accordance with subsection (c), competitive subgrants to eligible local educational agencies. 

ø(5) REALLOTMENT.—If a State educational agency described in paragraph (2) does not apply for an allotment under 

this section for any fiscal year, or if the State educational 

agency’s application is not approved, the Secretary shall reallot 

such amount to the remaining State educational agencies in 

accordance with paragraph (3). 

ø(6) DEFINITION OF STATE.—For purposes of this subsection, the term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 

ø(c) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

ø(1) AUTHORIZATION TO MAKE SUBGRANTS.—In accordance 

with paragraph (2), a State educational agency that receives a 

grant under this section shall make competitive subgrants to 

eligible local educational agencies. 

ø(2) ALLOCATION.— 

ø(A) MINIMUM SUBGRANT AMOUNT.—In making subgrants under paragraph (1), a State educational agency 

shall allocate to each eligible local educational agency that 

receives such a subgrant, at a minimum, an amount that 

bears the same relation to the funds made available under 

subsection (b)(4) as the amount the eligible local educational agency received under part A for the preceding fiscal year bears to the amount all the local educational 

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agencies in the State received under part A for the preceding fiscal year. 

ø(B) PRIORITY.—In making subgrants under paragraph 

(1), a State educational agency shall give priority to eligible local educational agencies in which at least— 

ø(i) 15 percent of the children served by the eligible local educational agency are from families with incomes below the poverty line; or 

ø(ii) 6,500 children served by the eligible local 

educational agency are from families with incomes 

below the poverty line. 

ø(3) NOTICE.—A State educational agency receiving a 

grant under this section shall provide notice to all eligible local 

educational agencies in the State of the availability of competitive subgrants under this subsection and of the requirements 

for applying for the subgrants. 

ø(4) LOCAL APPLICATION.—To be eligible to receive a 

subgrant under this subsection, an eligible local educational 

agency shall submit an application to the State educational 

agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. 

ø(5) STATE REQUIREMENT.—In distributing subgrant funds 

to eligible local educational agencies under this subsection, a 

State educational agency shall— 

ø(A) provide funds in sufficient size and scope to enable the eligible local educational agencies to improve 

reading instruction; and 

ø(B) provide the funds in amounts related to the number or percentage of students in kindergarten through 

grade 3 who are reading below grade level. 

ø(6) LIMITATION TO CERTAIN SCHOOLS.—In distributing 

subgrant funds under this subsection, an eligible local educational agency shall provide funds only to schools that both— 

ø(A) are among the schools served by that eligible 

local educational agency with the highest percentages or 

numbers of students in kindergarten through grade 3 

reading below grade level, based on the most currently 

available data; and 

ø(B)(i) are identified for school improvement under 

section 1116(b); or 

ø(ii) have the highest percentages or numbers of children counted under section 1124(c). 

ø(7) LOCAL USES OF FUNDS.— 

ø(A) REQUIRED USES.—Subject to paragraph (8), an eligible local educational agency that receives a subgrant 

under this subsection shall use the funds provided under 

the subgrant to carry out the following activities: 

ø(i) Selecting and administering screening, diagnostic, and classroom-based instructional reading assessments. 

ø(ii) Selecting and implementing a learning system or program of reading instruction based on scientifically based reading research that— 

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ø(I) includes the essential components of reading instruction; and 

ø(II) provides such instruction to the children 

in kindergarten through grade 3 in the schools 

served by the eligible local educational agency, including children who— 

ø(aa) may have reading difficulties; 

ø(bb) are at risk of being referred to special education based on these difficulties; 

ø(cc) have been evaluated under section 

614 of the Individuals with Disabilities Education Act but, in accordance with section 

614(b)(5) of that Act, have not been identified 

as being a child with a disability (as defined 

in section 602 of that Act); 

ø(dd) are being served under such Act primarily due to being identified as being a child 

with a specific learning disability (as defined 

in section 602 of that Act) related to reading; 

ø(ee) are deficient in the essential components of reading skills, as listed in subparagraphs (A) through (E) of section 1208(3); or 

ø(ff) are identified as having limited 

English proficiency. 

ø(iii) Procuring and implementing instructional 

materials, including education technology such as software and other digital curricula, that are based on scientifically based reading research. 

ø(iv) Providing professional development for teachers of kindergarten through grade 3, and special education teachers of kindergarten through grade 12, 

that— 

ø(I) will prepare these teachers in all of the 

essential components of reading instruction; 

ø(II) shall include— 

ø(aa) information on instructional materials, programs, strategies, and approaches 

based on scientifically based reading research, 

including early intervention, classroom reading materials, and remedial programs and approaches; and 

ø(bb) instruction in the use of screening, 

diagnostic, and classroom-based instructional 

reading assessments and other procedures 

that effectively identify students who may be 

at risk for reading failure or who are having 

difficulty reading; 

ø(III) shall be provided by eligible professional 

development providers; and 

ø(IV) will assist teachers in becoming highly 

qualified in reading instruction in accordance with 

the requirements of section 1119. 

ø(v) Collecting and summarizing data— 

ø(I) to document the effectiveness of activities 

carried out under this subpart in individual 

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schools and in the local educational agency as a 

whole; and 

ø(II) to stimulate and accelerate improvement 

by identifying the schools that produce significant 

gains in reading achievement. 

ø(vi) Reporting data for all students and categories of students described in section 

1111(b)(2)(C)(v)(II). 

ø(vii) Promoting reading and library programs 

that provide access to engaging reading material, including coordination with programs funded through 

grants received under subpart 4, where applicable. 

ø(B) ADDITIONAL USES.—Subject to paragraph (8), an 

eligible local educational agency that receives a subgrant 

under this subsection may use the funds provided under 

the subgrant to carry out the following activities: 

ø(i) Humanities-based family literacy programs 

(which may be referred to as ‘‘Prime Time Family 

Reading Time’’) that bond families around the acts of 

reading and using public libraries. 

ø(ii) Providing training in the essential components of reading instruction to a parent or other individual who volunteers to be a student’s reading tutor, 

to enable such parent or individual to support instructional practices that are based on scientifically based 

reading research and are being used by the student’s 

teacher. 

ø(iii) Assisting parents, through the use of materials and reading programs, strategies, and approaches (including family literacy services) that are 

based on scientifically based reading research, to encourage reading and support their child’s reading development. 

ø(8) LOCAL PLANNING AND ADMINISTRATION.—An eligible 

local educational agency that receives a subgrant under this 

subsection may use not more than 3.5 percent of the funds provided under the subgrant for planning and administration. 

ø(d) STATE USES OF FUNDS.— ø(1) IN GENERAL.—A State educational agency that receives a grant under this section may expend not more than 

a total of 20 percent of the grant funds to carry out the activities described in paragraphs (3), (4), and (5). 

ø(2) PRIORITY.—A State educational agency shall give priority to carrying out the activities described in paragraphs (3), 

(4), and (5) for schools described in subsection (c)(6). 

ø(3) PROFESSIONAL INSERVICE AND PRESERVICE DEVELOPMENT AND REVIEW.—A State educational agency may expend 

not more than 65 percent of the amount of the funds made 

available under paragraph (1)— 

ø(A) to develop and implement a program of professional development for teachers, including special education teachers, of kindergarten through grade 3 that— 

ø(i) will prepare these teachers in all the essential 

components of reading instruction; 

ø(ii) shall include— 

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ø(I) information on instructional materials, 

programs, strategies, and approaches based on scientifically based reading research, including early 

intervention and reading remediation materials, 

programs, and approaches; and 

ø(II) instruction in the use of screening, diagnostic, and classroom-based instructional reading 

assessments and other scientifically based procedures that effectively identify students who may 

be at risk for reading failure or who are having 

difficulty reading; and 

ø(iii) shall be provided by eligible professional development providers; 

ø(B) to strengthen and enhance preservice courses for 

students preparing, at all public institutions of higher education in the State, to teach kindergarten through grade 3 

by— 

ø(i) reviewing such courses to determine whether 

the courses’ content is consistent with the findings of 

the most current scientifically based reading research, 

including findings on the essential components of 

reading instruction; 

ø(ii) following up such reviews with recommendations to ensure that such institutions offer courses 

that meet the highest standards; and 

ø(iii) preparing a report on the results of such reviews, submitting the report to the reading and literacy partnership for the State established under section 1203(d), and making the report available for public review by means of the Internet; and 

ø(C) to make recommendations on how the State licensure and certification standards in the area of reading 

might be improved. 

ø(4) TECHNICAL ASSISTANCE FOR LOCAL EDUCATIONAL

AGENCIES AND SCHOOLS.—A State educational agency may expend not more than 25 percent of the amount of the funds 

made available under paragraph (1) for one or more of the following: 

ø(A) Assisting local educational agencies in accomplishing the tasks required to design and implement a program under this subpart, including— 

ø(i) selecting and implementing a program or programs of reading instruction based on scientifically 

based reading research; 

ø(ii) selecting screening, diagnostic, and classroom-based instructional reading assessments; and 

ø(iii) identifying eligible professional development 

providers to help prepare reading teachers to teach 

students using the programs and assessments described in clauses (i) and (ii). 

ø(B) Providing expanded opportunities to students in 

kindergarten through grade 3 who are served by eligible 

local educational agencies for receiving reading assistance 

from alternative providers that includes— 

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ø(i) screening, diagnostic, and classroom-based instructional reading assessments; and 

ø(ii) as need is indicated by the assessments 

under clause (i), instruction based on scientifically 

based reading research that includes the essential 

components of reading instruction. 

ø(5) PLANNING, ADMINISTRATION, AND REPORTING.— 

ø(A) EXPENDITURE OF FUNDS.—A State educational 

agency may expend not more than 10 percent of the 

amount of funds made available under paragraph (1) for 

the activities described in this paragraph. 

ø(B) PLANNING AND ADMINISTRATION.—A State educational agency that receives a grant under this section 

may expend funds made available under subparagraph (A) 

for planning and administration relating to the State uses 

of funds authorized under this subpart, including the following: 

ø(i) Administering the distribution of competitive 

subgrants to eligible local educational agencies under 

subsection (c) and section 1204(d). 

ø(ii) Assessing and evaluating, on a regular basis, 

eligible local educational agency activities assisted 

under this subpart, with respect to whether they have 

been effective in increasing the number of children in 

grades 1, 2, and 3 served under this subpart who can 

read at or above grade level. 

ø(C) ANNUAL REPORTING.— 

ø(i) IN GENERAL.—A State educational agency that 

receives a grant under this section shall expend funds 

made available under subparagraph (A) to provide the 

Secretary annually with a report on the implementation of this subpart. 

ø(ii) INFORMATION INCLUDED.—Each report under 

this subparagraph shall include information on the following: 

ø(I) Evidence that the State educational agency is fulfilling its obligations under this subpart. 

ø(II) Specific identification of those schools 

and local educational agencies that report the 

largest gains in reading achievement. 

ø(III) The progress the State educational 

agency and local educational agencies within the 

State are making in reducing the number of students served under this subpart in grades 1, 2, 

and 3 who are reading below grade level, as demonstrated by such information as teacher reports 

and school evaluations of mastery of the essential 

components of reading instruction. 

ø(IV) Evidence on whether the State educational agency and local educational agencies 

within the State have significantly increased the 

number of students reading at grade level or 

above, significantly increased the percentages of 

students described in section 1111(b)(2)(C)(v)(II) 

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who are reading at grade level or above, and successfully implemented this subpart. 

ø(iii) PRIVACY PROTECTION.—Data in the report 

shall be reported in a manner that protects the privacy of individuals. 

ø(iv) CONTRACT.—To the extent practicable, a 

State educational agency shall enter into a contract 

with an entity that conducts scientifically based reading research, under which contract the entity will assist the State educational agency in producing the reports required to be submitted under this subparagraph. 

ø(e) REVIEW.— 

ø(1) PROGRESS REPORT.— 

ø(A) SUBMISSION.—Not later than 60 days after the 

termination of the third year of the grant period, each 

State educational agency receiving a grant under this section shall submit a progress report to the Secretary. 

ø(B) INFORMATION INCLUDED.—The progress report 

shall include information on the progress the State educational agency and local educational agencies within the 

State are making in reducing the number of students 

served under this subpart in grades 1, 2, and 3 who are 

reading below grade level (as demonstrated by such information as teacher reports and school evaluations of mastery of the essential components of reading instruction). 

The report shall also include evidence from the State educational agency and local educational agencies within the 

State that the State educational agency and the local educational agencies have significantly increased the number 

of students reading at grade level or above, significantly 

increased the percentages of students described in section 

1111(b)(2)(C)(v)(II) who are reading at grade level or 

above, and successfully implemented this subpart. 

ø(2) PEER REVIEW.—The progress report described in paragraph (1) shall be reviewed by the peer review panel convened 

under section 1203(c)(2). 

ø(3) CONSEQUENCES OF INSUFFICIENT PROGRESS.—After 

submission of the progress report described in paragraph (1), 

if the Secretary determines that the State educational agency 

is not making significant progress in meeting the purposes of 

this subpart, the Secretary may withhold from the State educational agency, in whole or in part, further payments under 

this section in accordance with section 455 of the General Education Provisions Act or take such other action authorized by 

law as the Secretary determines necessary, including providing 

technical assistance upon request of the State educational 

agency. 

ø(f) FUNDS NOT USED FOR STATE LEVEL ACTIVITIES.—Any portion of funds described in subsection (d)(1) that a State educational 

agency does not expend in accordance with subsection (d)(1) shall 

be expended for the purpose of making subgrants in accordance 

with subsection (c). 

ø(g) SUPPLEMENT, NOT SUPPLANT.—A State or local educational 

agency shall use funds received under this subpart only to supplemstockstill on DSK4VPTVN1PROD with HEARINGS

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ment the level of non-Federal funds that, in the absence of funds 

under this subpart, would be expended for activities authorized 

under this subpart, and not to supplant those non-Federal funds. 

øSEC. 1203. STATE FORMULA GRANT APPLICATIONS. 

ø(a) APPLICATIONS.— 

ø(1) IN GENERAL.—A State educational agency that desires 

to receive a grant under section 1202 shall submit an application to the Secretary at such time and in such form as the Secretary may require. The application shall contain the information described in subsection (b). 

ø(2) SPECIAL APPLICATION PROVISIONS.—For those State 

educational agencies that have received a grant under part C 

of title II (as such part was in effect on the day before the date 

of enactment of the No Child Left Behind Act of 2001), the Secretary shall establish a modified set of requirements for an application under this section that takes into account the information already submitted and approved under that program 

and minimizes the duplication of effort on the part of such 

State educational agencies. 

ø(b) CONTENTS.—An application under this section shall contain the following: 

ø(1) An assurance that the Governor of the State, in consultation with the State educational agency, has established a 

reading and literacy partnership described in subsection (d), 

and a description of how such partnership— 

ø(A) coordinated the development of the application; 

and 

ø(B) will assist in the oversight and evaluation of the 

State educational agency’s activities under this subpart. 

ø(2) A description, if applicable, of the State’s strategy to 

expand, continue, or modify activities authorized under part C 

of title II (as such part was in effect on the day before the date 

of enactment of the No Child Left Behind Act of 2001). 

ø(3) An assurance that the State educational agency, and 

any local educational agencies receiving a subgrant from that 

State educational agency under section 1202, will, if requested, 

participate in the external evaluation under section 1205. 

ø(4) A State educational agency plan containing a description of the following: 

ø(A) How the State educational agency will assist local 

educational agencies in identifying screening, diagnostic, 

and classroom-based instructional reading assessments. 

ø(B) How the State educational agency will assist local 

educational agencies in identifying instructional materials, 

programs, strategies, and approaches, based on scientifically based reading research, including early intervention 

and reading remediation materials, programs, and approaches. 

ø(C) How the State educational agency will ensure 

that professional development activities related to reading 

instruction and provided under section 1202 are— 

ø(i) coordinated with other Federal, State, and 

local level funds, and used effectively to improve instructional practices for reading; and 

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ø(ii) based on scientifically based reading research. 

ø(D) How the activities assisted under section 1202 

will address the needs of teachers and other instructional 

staff in implementing the essential components of reading 

instruction. 

ø(E) How subgrants made by the State educational 

agency under section 1202 will meet the requirements of 

section 1202, including how the State educational agency 

will ensure that eligible local educational agencies receiving subgrants under section 1202 will use practices based 

on scientifically based reading research. 

ø(F) How the State educational agency will, to the extent practicable, make grants to eligible local educational 

agencies in both rural and urban areas. 

ø(G) How the State educational agency will build on, 

and promote coordination among literacy programs in the 

State (including federally funded programs such as programs under the Adult Education and Family Literacy 

Act, the Individuals with Disabilities Education Act, and 

subpart 2), to increase the effectiveness of the programs in 

improving reading for adults and children and to avoid duplication of the efforts of the program. 

ø(H) How the State educational agency will assess and 

evaluate, on a regular basis, eligible local educational 

agency activities assisted under section 1202, with respect 

to whether the activities have been effective in achieving 

the purposes of section 1202. 

ø(I) Any other information that the Secretary may reasonably require. 

ø(c) APPROVAL OF APPLICATIONS.— ø(1) IN GENERAL.—The Secretary shall approve an application of a State educational agency under this section only if 

such application meets the requirements of this section. 

ø(2) PEER REVIEW.— ø(A) IN GENERAL.—The Secretary, in consultation with 

the National Institute for Literacy, shall convene a panel 

to evaluate applications under this section. At a minimum, 

the panel shall include— 

ø(i) three individuals selected by the Secretary; 

ø(ii) three individuals selected by the National Institute for Literacy; 

ø(iii) three individuals selected by the National 

Research Council of the National Academy of Sciences; 

and 

ø(iv) three individuals selected by the Eunice Kennedy Shriver National Institute of Child Health and 

Human Development. 

ø(B) EXPERTS.—The panel shall include— 

ø(i) experts who are competent, by virtue of their 

training, expertise, or experience, to evaluate applications under this section; 

ø(ii) experts who provide professional development 

to individuals who teach reading to children and 

adults based on scientifically based reading research; 

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ø(iii) experts who provide professional development to other instructional staff based on scientifically 

based reading research; and 

ø(iv) an individual who has expertise in screening, 

diagnostic, and classroom-based instructional reading 

assessments. 

ø(C) RECOMMENDATIONS.—The panel shall recommend 

grant applications from State educational agencies under 

this section to the Secretary for funding or for disapproval. 

ø(d) READING AND LITERACY PARTNERSHIPS.— 

ø(1) IN GENERAL.—For a State educational agency to receive a grant under section 1202, the Governor of the State, in 

consultation with the State educational agency, shall establish 

a reading and literacy partnership. 

ø(2) REQUIRED PARTICIPANTS.—The reading and literacy 

partnership shall include the following participants: 

ø(A) The Governor of the State. 

ø(B) The chief State school officer. 

ø(C) The chairman and the ranking member of each 

committee of the State legislature that is responsible for 

education policy. 

ø(D) A representative, selected jointly by the Governor 

and the chief State school officer, of at least one eligible 

local educational agency. 

ø(E) A representative, selected jointly by the Governor 

and the chief State school officer, of a community-based organization working with children to improve their reading 

skills, particularly a community-based organization using 

tutors and scientifically based reading research. 

ø(F) State directors of appropriate Federal or State 

programs with a strong reading component, selected jointly 

by the Governor and the chief State school officer. 

ø(G) A parent of a public or private school student or 

a parent who educates the parent’s child in the parent’s 

home, selected jointly by the Governor and the chief State 

school officer. 

ø(H) A teacher, who may be a special education teacher, who successfully teaches reading, and another instructional staff member, selected jointly by the Governor and 

the chief State school officer. 

ø(I) A family literacy service provider selected jointly 

by the Governor and the chief State school officer. 

ø(3) OPTIONAL PARTICIPANTS.—The reading and literacy 

partnership may include additional participants, who shall be 

selected jointly by the Governor and the chief State school officer, and who may include a representative of— 

ø(A) an institution of higher education operating a 

program of teacher preparation in the State that is based 

on scientifically based reading research; 

ø(B) a local educational agency; 

ø(C) a private nonprofit or for-profit eligible professional development provider providing instruction based on 

scientifically based reading research; 

ø(D) an adult education provider; 

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ø(E) a volunteer organization that is involved in reading programs; or 

ø(F) a school library or a public library that offers 

reading or literacy programs for children or families. 

ø(4) PREEXISTING PARTNERSHIP.—If, before the date of enactment of the No Child Left Behind Act of 2001, a State educational agency established a consortium, partnership, or any 

other similar body that was considered a reading and literacy 

partnership for purposes of part C of title II of this Act (as 

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

of No Child Left Behind Act of 2001), that consortium, partnership, or body may be considered a reading and literacy partnership for purposes of this subsection consistent with the provisions of this subpart. 

øSEC. 1204. TARGETED ASSISTANCE GRANTS. 

ø(a) ELIGIBILITY CRITERIA FOR AWARDING TARGETED ASSISTANCE GRANTS TO STATES.—Beginning with fiscal year 2004, from 

funds appropriated under section 1202(b)(1)(E), the Secretary shall 

make grants, on a competitive basis, to those State educational 

agencies that— 

ø(1) for each of 2 consecutive years, demonstrate that an 

increasing percentage of third graders in each of the groups described in section 1111(b)(2)(C)(v)(II) in the schools served by 

the local educational agencies receiving funds under section 

1202 are reaching the proficient level in reading; and 

ø(2) for each of the same such consecutive 2 years, demonstrate that schools receiving funds under section 1202 are 

improving the reading skills of students in grades 1, 2, and 3 

based on screening, diagnostic, and classroom-based instructional reading assessments. 

ø(b) CONTINUATION OF PERFORMANCE AWARDS.—For any State 

educational agency that receives a competitive grant under this 

section, the Secretary shall make an award for each of the succeeding years that the State educational agency demonstrates it is 

continuing to meet the criteria described in subsection (a). 

ø(c) DISTRIBUTION OF TARGETED ASSISTANCE GRANTS.— 

ø(1) IN GENERAL.—The Secretary shall make a grant to 

each State educational agency with an application approved 

under this section in an amount that bears the same relation 

to the amount made available to carry out this section for a fiscal year as the number of children counted under section 

1124(c) for the State bears to the number of such children so 

counted for all States with applications approved for that year. 

ø(2) PEER REVIEW.—The peer review panel convened under 

section 1203(c)(2) shall review the applications submitted 

under this subsection. The panel shall recommend such applications to the Secretary for funding or for disapproval. 

ø(3) APPLICATION CONTENTS.—A State educational agency 

that desires to receive a grant under this section shall submit 

an application to the Secretary at such time, in such manner, 

and accompanied by such information as the Secretary may require. Each such application shall include the following: 

ø(A) Evidence that the State educational agency has 

carried out its obligations under section 1203. 

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ø(B) Evidence that the State educational agency has 

met the criteria described in subsection (a). 

ø(C) The amount of funds requested by the State educational agency and a description of the criteria the State 

educational agency intends to use in distributing subgrants to eligible local educational agencies under this section to continue or expand activities under subsection 

(d)(5). 

ø(D) Evidence that the State educational agency has 

increased significantly the percentage of students reading 

at grade level or above. 

ø(E) Any additional evidence that demonstrates success in the implementation of this section. 

ø(d) SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.— 

ø(1) IN GENERAL.—The Secretary may make a grant to a 

State educational agency under this section only if the State 

educational agency agrees to expend 100 percent of the amount 

of the funds provided under the grant for the purpose of making competitive subgrants in accordance with this subsection to 

eligible local educational agencies. 

ø(2) NOTICE.—A State educational agency receiving a 

grant under this section shall provide notice to all local educational agencies in the State of the availability of competitive 

subgrants under this subsection and of the requirements for 

applying for the subgrants. 

ø(3) APPLICATION.—To be eligible to receive a subgrant 

under this subsection, an eligible local educational agency shall 

submit an application to the State educational agency at such 

time, in such manner, and containing such information as the 

State educational agency may reasonably require. 

ø(4) DISTRIBUTION.— 

ø(A) IN GENERAL.—A State educational agency shall 

distribute subgrants under this section through a competitive process based on relative need of eligible local educational agencies and the evidence described in this paragraph. 

ø(B) EVIDENCE USED IN ALL YEARS.—For all fiscal 

years, a State educational agency shall distribute subgrants under this section based on evidence that an eligible local educational agency— 

ø(i) satisfies the requirements of section 

1202(c)(4); 

ø(ii) will carry out its obligations under this subpart; 

ø(iii) will work with other local educational agencies in the State that have not received a subgrant 

under this subsection to assist such nonreceiving 

agencies in increasing the reading achievement of students; and 

ø(iv) is meeting the criteria described in subsection (a). 

ø(5) LOCAL USES OF FUNDS.—An eligible local educational 

agency that receives a subgrant under this subsection— 

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ø(A) shall use the funds provided under the subgrant 

to carry out the activities described in section 

1202(c)(7)(A); and 

ø(B) may use such funds to carry out the activities described in section 1202(c)(7)(B). 

øSEC. 1205. EXTERNAL EVALUATION. 

ø(a) IN GENERAL.—From funds reserved under section 

1202(b)(1)(C), the Secretary shall contract with an independent organization outside of the Department for a 5-year, rigorous, scientifically valid, quantitative evaluation of this subpart. 

ø(b) PROCESS.—The evaluation under subsection (a) shall be 

conducted by an organization that is capable of designing and carrying out an independent evaluation that identifies the effects of 

specific activities carried out by State educational agencies and 

local educational agencies under this subpart on improving reading 

instruction. Such evaluation shall take into account factors influencing student performance that are not controlled by teachers or 

education administrators. 

ø(c) ANALYSIS.—The evaluation under subsection (a) shall include the following: 

ø(1) An analysis of the relationship between each of the essential components of reading instruction and overall reading 

proficiency. 

ø(2) An analysis of whether assessment tools used by State 

educational agencies and local educational agencies measure 

the essential components of reading. 

ø(3) An analysis of how State reading standards correlate 

with the essential components of reading instruction. 

ø(4) An analysis of whether the receipt of a targeted assistance grant under section 1204 results in an increase in the 

number of children who read proficiently. 

ø(5) A measurement of the extent to which specific instructional materials improve reading proficiency. 

ø(6) A measurement of the extent to which specific screening, diagnostic, and classroom-based instructional reading assessments assist teachers in identifying specific reading deficiencies. 

ø(7) A measurement of the extent to which professional development programs implemented by State educational agencies using funds received under this subpart improve reading 

instruction. 

ø(8) A measurement of how well students preparing to 

enter the teaching profession are prepared to teach the essential components of reading instruction. 

ø(9) An analysis of changes in students’ interest in reading 

and time spent reading outside of school. 

ø(10) Any other analysis or measurement pertinent to this 

subpart that is determined to be appropriate by the Secretary. 

ø(d) PROGRAM IMPROVEMENT.—The findings of the evaluation 

conducted under this section shall be provided to State educational 

agencies and local educational agencies on a periodic basis for use 

in program improvement. 

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øSEC. 1206. NATIONAL ACTIVITIES. 

øFrom funds reserved under section 1202(b)(1)(C), the Secretary— 

ø(1) may provide technical assistance in achieving the purposes of this subpart to State educational agencies, local educational agencies, and schools requesting such assistance; 

ø(2) shall, at a minimum, evaluate the impact of services 

provided to children under this subpart with respect to their 

referral to, and eligibility for, special education services under 

the Individuals with Disabilities Education Act (based on their 

difficulties learning to read); and 

(3) shall carry out the external evaluation as described in 

section 1205. 

øSEC. 1207. INFORMATION DISSEMINATION. 

ø(a) IN GENERAL.—From funds reserved under section 

1202(b)(1)(D), the National Institute for Literacy, in collaboration 

with the Secretary of Education, the Secretary of Health and 

Human Services, and the Director of the Eunice Kennedy Shriver 

National Institute of Child Health and Human Development 

shall— 

ø(1) disseminate information on scientifically based reading research pertaining to children, youth, and adults; 

ø(2) identify and disseminate information about schools, 

local educational agencies, and State educational agencies that 

have effectively developed and implemented classroom reading 

programs that meet the requirements of this subpart, including those State educational agencies, local educational agencies, and schools that have been identified as effective through 

the evaluation and peer review provisions of this subpart; and 

ø(3) support the continued identification and dissemination 

of information on reading programs that contain the essential 

components of reading instruction as supported by scientifically based reading research, that can lead to improved reading outcomes for children, youth, and adults. 

ø(b) DISSEMINATION AND COORDINATION.—At a minimum, the 

National Institute for Literacy shall disseminate the information 

described in subsection (a) to— 

ø(1) recipients of Federal financial assistance under this 

title, title III, the Head Start Act, the Individuals with Disabilities Education Act, and the Adult Education and Family Literacy Act; and 

ø(2) each Bureau funded school (as defined in section 1141 

of the Education Amendments of 1978). 

ø(c) USE OF EXISTING NETWORKS.—In carrying out this section, 

the National Institute for Literacy shall, to the extent practicable, 

use existing information and dissemination networks developed 

and maintained through other public and private entities including 

through the Department and the National Center for Family Literacy. 

ø(d) NATIONAL INSTITUTE FOR LITERACY.—For purposes of 

funds reserved under section 1202(b)(1)(D) to carry out this section, 

the National Institute for Literacy shall administer such funds in 

accordance with section 242(b) of Public Law 105–220 (relating to 

the establishment and administration of the National Institute for 

Literacy). 

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øSEC. 1208. DEFINITIONS. 

In this subpart: 

ø(1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—The term ‘‘eligible local educational agency’’ means a local educational agency that— 

ø(A) is among the local educational agencies in the 

State with the highest numbers or percentages of students 

in kindergarten through grade 3 reading below grade level, 

based on the most currently available data; and 

ø(B) has— 

ø(i) jurisdiction over a geographic area that includes an area designated as an empowerment zone, 

or an enterprise community, under part I of subchapter U of chapter 1 of the Internal Revenue Code 

of 1986; 

ø(ii) jurisdiction over a significant number or percentage of schools that are identified for school improvement under section 1116(b); or 

ø(iii) the highest numbers or percentages of children who are counted under section 1124(c), in comparison to other local educational agencies in the 

State. 

ø(2) ELIGIBLE PROFESSIONAL DEVELOPMENT PROVIDER.— 

The term ‘‘eligible professional development provider’’ means a 

provider of professional development in reading instruction to 

teachers, including special education teachers, that is based on 

scientifically based reading research. 

ø(3) ESSENTIAL COMPONENTS OF READING INSTRUCTION.— 

The term ‘‘essential components of reading instruction’’ means 

explicit and systematic instruction in— 

ø(A) phonemic awareness; 

ø(B) phonics; 

ø(C) vocabulary development; 

ø(D) reading fluency, including oral reading skills; and 

ø(E) reading comprehension strategies. 

ø(4) INSTRUCTIONAL STAFF.—The term ‘‘instructional 

staff’’— 

ø(A) means individuals who have responsibility for 

teaching children to read; and 

ø(B) includes principals, teachers, supervisors of instruction, librarians, library school media specialists, 

teachers of academic subjects other than reading, and 

other individuals who have responsibility for assisting children to learn to read. 

ø(5) READING.—The term ‘‘reading’’ means a complex system of deriving meaning from print that requires all of the following: 

ø(A) The skills and knowledge to understand how phonemes, or speech sounds, are connected to print. 

ø(B) The ability to decode unfamiliar words. 

ø(C) The ability to read fluently. 

ø(D) Sufficient background information and vocabulary to foster reading comprehension. 

ø(E) The development of appropriate active strategies 

to construct meaning from print. 

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ø(F) The development and maintenance of a motivation to read. 

ø(6) SCIENTIFICALLY BASED READING RESEARCH.—The term 

‘‘scientifically based reading research’’ means research that— 

ø(A) applies rigorous, systematic, and objective procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading difficulties; and 

ø(B) includes research that— 

ø(i) employs systematic, empirical methods that 

draw on observation or experiment; 

ø(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the 

general conclusions drawn; 

ø(iii) relies on measurements or observational 

methods that provide valid data across evaluators and 

observers and across multiple measurements and observations; and 

ø(iv) has been accepted by a peer-reviewed journal 

or approved by a panel of independent experts through 

a comparably rigorous, objective, and scientific review. 

ø(7) SCREENING, DIAGNOSTIC, AND CLASSROOM-BASED INSTRUCTIONAL READING ASSESSMENTS.— 

ø(A) IN GENERAL.—The term ‘‘screening, diagnostic, 

and classroom-based instructional reading assessments’’ 

means— 

ø(i) screening reading assessments; 

ø(ii) diagnostic reading assessments; and 

ø(iii) classroom-based instructional reading assessments. 

ø(B) SCREENING READING ASSESSMENT.—The term 

‘‘screening reading assessment’’ means an assessment that 

is— 

ø(i) valid, reliable, and based on scientifically 

based reading research; and 

ø(ii) a brief procedure designed as a first step in 

identifying children who may be at high risk for delayed development or academic failure and in need of 

further diagnosis of their need for special services or 

additional reading instruction. 

ø(C) DIAGNOSTIC READING ASSESSMENT.—The term ‘‘diagnostic reading assessment’’ means an assessment that 

is— 

ø(i) valid, reliable, and based on scientifically 

based reading research; and 

ø(ii) used for the purpose of— 

ø(I) identifying a child’s specific areas of 

strengths and weaknesses so that the child has 

learned to read by the end of grade 3; 

ø(II) determining any difficulties that a child 

may have in learning to read and the potential 

cause of such difficulties; and 

ø(III) helping to determine possible reading 

intervention strategies and related special needs. 

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ø(D) CLASSROOM-BASED INSTRUCTIONAL READING AS- SESSMENT.—The term ‘‘classroom-based instructional reading assessment’’ means an assessment that— 

ø(i) evaluates children’s learning based on systematic observations by teachers of children performing 

academic tasks that are part of their daily classroom 

experience; and 

ø(ii) is used to improve instruction in reading, including classroom instruction. 

øSubpart 2—Early Reading First 

øSEC. 1221. PURPOSES; DEFINITIONS. 

ø(a) PURPOSES.—The purposes of this subpart are as follows: 

ø(1) To support local efforts to enhance the early language, 

literacy, and prereading development of preschool age children, 

particularly those from low-income families, through strategies 

and professional development that are based on scientifically 

based reading research. 

ø(2) To provide preschool age children with cognitive learning opportunities in high-quality language and literature-rich 

environments, so that the children can attain the fundamental 

knowledge and skills necessary for optimal reading development in kindergarten and beyond. 

ø(3) To demonstrate language and literacy activities based 

on scientifically based reading research that supports the ageappropriate development of— 

ø(A) recognition, leading to automatic recognition, of 

letters of the alphabet; 

ø(B) knowledge of letter sounds, the blending of 

sounds, and the use of increasingly complex vocabulary; 

ø(C) an understanding that written language is composed of phonemes and letters each representing one or 

more speech sounds that in combination make up syllables, words, and sentences; 

ø(D) spoken language, including vocabulary and oral 

comprehension abilities; and 

ø(E) knowledge of the purposes and conventions of 

print. 

ø(4) To use screening assessments to effectively identify 

preschool age children who may be at risk for reading failure. 

ø(5) To integrate such scientific reading research-based instructional materials and literacy activities with existing programs of preschools, child care agencies and programs, Head 

Start centers, and family literacy services. 

ø(b) DEFINITIONS.—For purposes of this subpart: 

ø(1) ELIGIBLE APPLICANT.—The term ‘‘eligible applicant’’ 

means— 

ø(A) one or more local educational agencies that are 

eligible to receive a subgrant under subpart 1; 

ø(B) one or more public or private organizations or 

agencies, acting on behalf of one or more programs that 

serve preschool age children (such as a program at a Head 

Start center, a child care program, or a family literacy program), which organizations or agencies shall be located in 

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a community served by a local educational agency described in subparagraph (A); or 

ø(C) one or more local educational agencies described 

in subparagraph (A) in collaboration with one or more organizations or agencies described in subparagraph (B). 

ø(2) SCIENTIFICALLY BASED READING RESEARCH.—The term 

‘‘scientifically based reading research’’ has the same meaning 

given to that term in section 1208. 

ø(3) SCREENING READING ASSESSMENT.—The term ‘‘screening reading assessment’’ has the same meaning given to that 

term in section 1208. 

øSEC. 1222. LOCAL EARLY READING FIRST GRANTS. 

ø(a) PROGRAM AUTHORIZED.—From amounts appropriated 

under section 1002(b)(2), the Secretary shall award grants, on a 

competitive basis, for periods of not more than 6 years, to eligible 

applicants to enable the eligible applicants to carry out the authorized activities described in subsection (d). 

ø(b) APPLICATIONS.—An eligible applicant that desires to receive a grant under this section shall submit an application to the 

Secretary, which shall include a description of— 

ø(1) the programs to be served by the proposed project, including demographic and socioeconomic information on the preschool age children enrolled in the programs; 

ø(2) how the proposed project will enhance the school readiness of preschool age children in high-quality oral language 

and literature-rich environments; 

ø(3) how the proposed project will prepare and provide ongoing assistance to staff in the programs, through professional 

development and other support, to provide high-quality language, literacy, and prereading activities using scientifically 

based reading research, for preschool age children; 

ø(4) how the proposed project will provide services and use 

instructional materials that are based on scientifically based 

reading research on early language acquisition, prereading activities, and the development of spoken vocabulary skills; 

ø(5) how the proposed project will help staff in the programs to meet more effectively the diverse needs of preschool 

age children in the community, including such children with 

limited English proficiency, disabilities, or other special needs; 

ø(6) how the proposed project will integrate such instructional materials and literacy activities with existing preschool 

programs and family literacy services; 

ø(7) how the proposed project will help children, particularly children experiencing difficulty with spoken language, 

prereading, and early reading skills, to make the transition 

from preschool to formal classroom instruction in school; 

ø(8) if the eligible applicant has received a subgrant under 

subpart 1, how the activities conducted under this subpart will 

be coordinated with the eligible applicant’s activities under 

subpart 1 at the kindergarten through grade 3 level; 

ø(9) how the proposed project will evaluate the success of 

the activities supported under this subpart in enhancing the 

early language, literacy, and prereading development of preschool age children served by the project; and 

ø(10) such other information as the Secretary may require. 

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ø(c) APPROVAL OF LOCAL APPLICATIONS.—The Secretary shall 

select applicants for funding under this subpart based on the quality of the applications and the recommendations of a peer review 

panel convened under section 1203(c)(2), that includes, at a minimum, three individuals, selected from the entities described in 

clauses (ii), (iii), and (iv) of section 1203(c)(2)(A), who are experts 

in early reading development and early childhood development. 

ø(d) AUTHORIZED ACTIVITIES.—An eligible applicant that receives a grant under this subpart shall use the funds provided 

under the grant to carry out the following activities: 

ø(1) Providing preschool age children with high-quality 

oral language and literature-rich environments in which to acquire language and prereading skills. 

ø(2) Providing professional development that is based on 

scientifically based reading research knowledge of early language and reading development for the staff of the eligible applicant and that will assist in developing the preschool age 

children’s— 

ø(A) recognition, leading to automatic recognition, of 

letters of the alphabet, knowledge of letters, sounds, blending of letter sounds, and increasingly complex vocabulary; 

ø(B) understanding that written language is composed 

of phonemes and letters each representing one or more 

speech sounds that in combination make up syllables, 

words, and sentences; 

ø(C) spoken language, including vocabulary and oral 

comprehension abilities; and 

ø(D) knowledge of the purposes and conventions of 

print. 

ø(3) Identifying and providing activities and instructional 

materials that are based on scientifically based reading research for use in developing the skills and abilities described 

in paragraph (2). 

ø(4) Acquiring, providing training for, and implementing 

screening reading assessments or other appropriate measures 

that are based on scientifically based reading research to determine whether preschool age children are developing the skills 

described in this subsection. 

ø(5) Integrating such instructional materials, activities, 

tools, and measures into the programs offered by the eligible 

applicant. 

ø(e) AWARD AMOUNTS.—The Secretary may establish a maximum award amount, or ranges of award amounts, for grants 

under this subpart. 

øSEC. 1223. FEDERAL ADMINISTRATION. 

øThe Secretary shall consult with the Secretary of Health and 

Human Services to coordinate the activities under this subpart 

with preschool age programs administered by the Department of 

Health and Human Services. 

øSEC. 1224. INFORMATION DISSEMINATION. 

øFrom the funds the National Institute for Literacy receives 

under section 1202(b)(1)(D), the National Institute for Literacy, in 

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garding projects assisted under this subpart that have proven effective. 

øSEC. 1225. REPORTING REQUIREMENTS. 

øEach eligible applicant receiving a grant under this subpart 

shall report annually to the Secretary regarding the eligible applicant’s progress in addressing the purposes of this subpart. Such report shall include, at a minimum, a description of— 

ø(1) the research-based instruction, materials, and activities being used in the programs funded under the grant; 

ø(2) the types of programs funded under the grant and the 

ages of children served by such programs; 

ø(3) the qualifications of the program staff who provide 

early literacy instruction under such programs and the type of 

ongoing professional development provided to such staff; and 

ø(4) the results of the evaluation described in section 

1222(b)(9). 

øSEC. 1226. EVALUATION. 

ø(a) IN GENERAL.—From the total amount made available 

under section 1002(b)(2) for the period beginning October 1, 2002, 

and ending September 30, 2006, the Secretary shall reserve not 

more than $3,000,000 to conduct an independent evaluation of the 

effectiveness of this subpart. 

ø(b) REPORTS.— 

ø(1) INTERIM REPORT.—Not later than October 1, 2004, the 

Secretary shall submit an interim report to the Committee on 

Education and the Workforce of the House of Representatives 

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

of the Senate. 

ø(2) FINAL REPORT.—Not later than September 30, 2006, 

the Secretary shall submit a final report to the committees described in paragraph (1). 

ø(c) CONTENTS.—The reports submitted under subsection (b) 

shall include information on the following: 

ø(1) How the grant recipients under this subpart are improving the prereading skills of preschool children. 

ø(2) The effectiveness of the professional development program assisted under this subpart. 

ø(3) How early childhood teachers are being prepared with 

scientifically based reading research on early reading development. 

ø(4) What activities and instructional practices are most 

effective. 

ø(5) How prereading instructional materials and literacy 

activities based on scientifically based reading research are 

being integrated into preschools, child care agencies and programs, programs carried out under the Head Start Act, and 

family literacy programs. 

ø(6) Any recommendations on strengthening or modifying 

this subpart. 

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øSubpart 3—William F. Goodling Even Start 

Family Literacy Programs¿ 

øSEC. 1231. STATEMENT OF PURPOSE. 

øIt is the purpose of this subpart to help break the cycle of 

poverty and illiteracy by— 

ø(1) improving the educational opportunities of the Nation’s low-income families by integrating early childhood education, adult literacy or adult basic education, and parenting 

education into a unified family literacy program, to be referred 

to as ‘‘Even Start’’; and 

ø(2) establishing a program that shall— 

ø(A) be implemented through cooperative projects that 

build on high-quality existing community resources to create a new range of services; 

ø(B) promote the academic achievement of children 

and adults; 

ø(C) assist children and adults from low-income families to achieve to challenging State content standards and 

challenging State student achievement standards; and 

ø(D) use instructional programs based on scientifically 

based reading research and addressing the prevention of 

reading difficulties for children and adults, to the extent 

such research is available. 

øSEC. 1232. PROGRAM AUTHORIZED. 

ø(a) RESERVATION FOR MIGRANT PROGRAMS, OUTLYING AREAS, 

AND INDIAN TRIBES.— 

ø(1) IN GENERAL.—For each fiscal year, the Secretary shall 

reserve 5 percent of the amount appropriated under section 

1002(b)(3) (or, if such appropriated amount exceeds 

$200,000,000, 6 percent of such amount) for programs, under 

such terms and conditions as the Secretary shall establish, 

that are consistent with the purpose of this subpart, and according to their relative needs, for— 

ø(A) children of migratory workers; 

ø(B) the outlying areas; and 

ø(C) Indian tribes and tribal organizations. 

ø(2) SPECIAL RULE.—After December 21, 2000, the Secretary shall award a grant, on a competitive basis, of sufficient 

size and for a period of sufficient duration to demonstrate the 

effectiveness of a family literacy program in a prison that 

houses women and their preschool age children and that has 

the capability of developing a program of high quality. 

ø(3) COORDINATION OF PROGRAMS FOR AMERICAN INDIANS.—The Secretary shall ensure that programs under paragraph (1)(C) are coordinated with family literacy programs operated by the Bureau of Indian Affairs in order to avoid duplication and to encourage the dissemination of information on 

high-quality family literacy programs serving American Indians. 

ø(b) RESERVATION FOR FEDERAL ACTIVITIES.— 

ø(1) EVALUATION, TECHNICAL ASSISTANCE, PROGRAM IMPROVEMENT, AND REPLICATION ACTIVITIES.—Subject to paragraph (2), from amounts appropriated under section 1002(b)(3), 

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the Secretary may reserve not more than 3 percent of such 

amounts for purposes of— 

ø(A) carrying out the evaluation required by section 

1239; and 

ø(B) providing, through grants or contracts with eligible organizations, technical assistance, program improvement, and replication activities. 

ø(2) RESEARCH.—In any fiscal year, if the amount appropriated under section 1002(b)(3) for such year— 

ø(A) is equal to or less than the amount appropriated 

for the preceding fiscal year, the Secretary may reserve 

from such amount only the amount necessary to continue 

multi-year activities carried out pursuant to section 

1241(b) that began during or prior to the fiscal year preceding the fiscal year for which the determination is made; 

or 

ø(B) exceeds the amount appropriated for the preceding fiscal year, then the Secretary shall reserve from 

such excess amount $2,000,000 or 50 percent, whichever is 

less, to carry out section 1241(b). 

ø(c) RESERVATION FOR GRANTS.— ø(1) GRANTS AUTHORIZED.— ø(A) IN GENERAL.—For any fiscal year for which at 

least one State educational agency applies and submits an 

application that meets the requirements and goals of this 

subsection and for which the amount appropriated under 

section 1002(b)(3) exceeds the amount appropriated under 

that section for the preceding fiscal year, the Secretary 

shall reserve, from the amount of the excess remaining 

after the application of subsection (b)(2), the amount of the 

remainder or $1,000,000, whichever is less, to award 

grants, on a competitive basis, to State educational agencies to enable them to plan and implement statewide family literacy initiatives to coordinate and, where appropriate, integrate existing Federal, State, and local literacy 

resources consistent with the purposes of this subpart. 

ø(B) COORDINATION AND INTEGRATION.—The coordination and integration described in subparagraph (A) shall 

include coordination and integration of funds available 

under the Adult Education and Family Literacy Act, the 

Head Start Act, this subpart, part A of this title, and part 

A of title IV of the Social Security Act. 

ø(C) RESTRICTION.—No State educational agency may 

receive more than one grant under this subsection. 

ø(2) CONSORTIA.— 

ø(A) ESTABLISHMENT.—To receive a grant under this 

subsection, a State educational agency shall establish a 

consortium of State-level programs under the following 

provisions of laws: 

ø(i) This title (other than part D). 

ø(ii) The Head Start Act. 

ø(iii) The Adult Education and Family Literacy 

Act. 

ø(iv) All other State-funded preschool programs 

and programs providing literacy services to adults. 

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ø(B) PLAN.—To receive a grant under this subsection, 

the consortium established by a State educational agency 

shall create a plan to use a portion of the State educational agency’s resources, derived from the programs referred to in subparagraph (A), to strengthen and expand 

family literacy services in the State. 

ø(C) COORDINATION WITH SUBPART 1.—The consortium 

shall coordinate its activities under this paragraph with 

the activities of the reading and literacy partnership for 

the State educational agency established under section 

1203(d), if the State educational agency receives a grant 

under section 1202. 

ø(3) READING INSTRUCTION.—Statewide family literacy initiatives implemented under this subsection shall base reading 

instruction on scientifically based reading research. 

ø(4) TECHNICAL ASSISTANCE.—The Secretary shall provide, 

directly or through a grant or contract with an organization 

with experience in the development and operation of successful 

family literacy services, technical assistance to State educational agencies receiving a grant under this subsection. 

ø(5) MATCHING REQUIREMENT.—The Secretary shall not 

make a grant to a State educational agency under this subsection unless the State educational agency agrees that, with 

respect to the costs to be incurred by the eligible consortium 

in carrying out the activities for which the grant was awarded, 

the State educational agency will make available non-Federal 

contributions in an amount equal to not less than the Federal 

funds provided under the grant. 

ø(d) STATE EDUCATIONAL AGENCY ALLOCATION.— 

ø(1) IN GENERAL.—From amounts appropriated under section 1002(b)(3) and not reserved under subsection (a), (b), or 

(c), the Secretary shall make grants to State educational agencies from allocations under paragraph (2). 

ø(2) ALLOCATIONS.—Except as provided in paragraph (3), 

from the total amount available under paragraph (1) for allocation to State educational agencies in any fiscal year, each State 

educational agency shall be eligible to receive a grant under 

paragraph (1) in an amount that bears the same ratio to the 

total amount as the amount allocated under part A to that 

State educational agency bears to the total amount allocated 

under that part to all State educational agencies. 

ø(3) MINIMUM.—No State educational agency shall receive 

a grant under paragraph (1) in any fiscal year in an amount 

that is less than $250,000, or one-half of 1 percent of the 

amount appropriated under section 1002(b)(3) and not reserved 

under subsections (a), (b), and (c) for such year, whichever is 

greater. 

ø(e) DEFINITIONS.—For the purpose of this subpart— 

ø(1) the term ‘‘eligible entity’’ means a partnership composed of— 

ø(A) a local educational agency; and 

ø(B) a nonprofit community-based organization, a public agency other than a local educational agency, an institution of higher education, or a public or private nonprofit 

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organization other than a local educational agency, of demonstrated quality; 

ø(2) the term ‘‘eligible organization’’ means any public or 

private nonprofit organization with a record of providing effective services to family literacy providers, such as the National 

Center for Family Literacy, Parents as Teachers, Inc., the 

Home Instruction Program for Preschool Youngsters, and the 

Home and School Institute, Inc.; 

ø(3) the terms ‘‘Indian tribe’’ and ‘‘tribal organization’’ 

have the meanings given those terms in section 4 of the Indian 

Self-Determination and Education Assistance Act; 

ø(4) the term ‘‘scientifically based reading research’’ has 

the meaning given that term in section 1208; and 

ø(5) the term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 

øSEC. 1233. STATE EDUCATIONAL AGENCY PROGRAMS. 

ø(a) STATE EDUCATIONAL AGENCY LEVEL ACTIVITIES.—Each 

State educational agency that receives a grant under section 

1232(d)(1) may use not more than a total of 6 percent of the grant 

funds for the costs of— 

ø(1) administration, which amount shall not exceed half of 

the total; 

ø(2) providing, through one or more subgrants or contracts, 

technical assistance for program improvement and replication, 

to eligible entities that receive subgrants under subsection (b); 

and 

ø(3) carrying out sections 1240 and 1234(c). 

ø(b) SUBGRANTS FOR LOCAL PROGRAMS.— 

ø(1) IN GENERAL.—Each State educational agency shall use 

the grant funds received under section 1232(d)(1) and not reserved under subsection (a) to award subgrants to eligible entities to carry out Even Start programs. 

ø(2) MINIMUM SUBGRANT AMOUNTS.— 

ø(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), no State educational agency shall 

award a subgrant under paragraph (1) in an amount less 

than $75,000. 

ø(B) SUBGRANTEES IN NINTH AND SUCCEEDING

YEARS.—No State educational agency shall award a 

subgrant under paragraph (1) in an amount less than 

$52,500 to an eligible entity for a fiscal year to carry out 

an Even Start program that is receiving assistance under 

this subpart or its predecessor authority for the ninth (or 

any subsequent) fiscal year. 

ø(C) EXCEPTION FOR SINGLE SUBGRANT.—A State educational agency may award one subgrant in each fiscal 

year of sufficient size, scope, and quality to be effective in 

an amount less than $75,000 if, after awarding subgrants 

under paragraph (1) for that fiscal year in accordance with 

subparagraphs (A) and (B), less than $75,000 is available 

to the State educational agency to award those subgrants. 

øSEC. 1234. USES OF FUNDS. 

ø(a) IN GENERAL.—In carrying out an Even Start program 

under this subpart, a recipient of funds under this subpart shall 

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use those funds to pay the Federal share of the cost of providing 

intensive family literacy services that involve parents and children, 

from birth through age 7, in a cooperative effort to help parents become full partners in the education of their children and to assist 

children in reaching their full potential as learners. 

ø(b) FEDERAL SHARE LIMITATION.— 

ø(1) IN GENERAL.— 

ø(A) FEDERAL SHARE.—Except as provided in paragraph (2), the Federal share under this subpart may not 

exceed— 

ø(i) 90 percent of the total cost of the program in 

the first year that the program receives assistance 

under this subpart or its predecessor authority; 

ø(ii) 80 percent in the second year; 

ø(iii) 70 percent in the third year; 

ø(iv) 60 percent in the fourth year; 

ø(v) 50 percent in the fifth, sixth, seventh, and 

eighth such years; and 

ø(vi) 35 percent in any subsequent year. 

ø(B) REMAINING COST.—The remaining cost of a program assisted under this subpart may be provided in cash 

or in kind, fairly evaluated, and may be obtained from any 

source, including other Federal funds under this Act. 

ø(2) WAIVER.—The State educational agency may waive, in 

whole or in part, the Federal share described in paragraph (1) 

for an eligible entity if the entity— 

ø(A) demonstrates that it otherwise would not be able 

to participate in the program assisted under this subpart; 

and 

ø(B) negotiates an agreement with the State educational agency with respect to the amount of the remaining cost to which the waiver will be applicable. 

ø(3) PROHIBITION.—Federal funds provided under this subpart may not be used for the indirect costs of a program assisted under this subpart, except that the Secretary may waive 

this paragraph if an eligible recipient of funds reserved under 

section 1232(a)(1)(C) demonstrates to the Secretary’s satisfaction that the recipient otherwise would not be able to participate in the program assisted under this subpart. 

ø(c) USE OF FUNDS FOR FAMILY LITERACY SERVICES.— 

ø(1) IN GENERAL.—A State educational agency may use a 

portion of funds reserved under section 1233(a), to assist eligible entities receiving a subgrant under section 1233(b) in improving the quality of family literacy services provided under 

Even Start programs under this subpart, except that in no case 

may a State educational agency’s use of funds for this purpose 

for a fiscal year result in a decrease from the level of activities 

and services provided to program participants in the preceding 

year. 

ø(2) PRIORITY.—In carrying out paragraph (1), a State educational agency shall give priority to programs that were of low 

quality, as evaluated based on the indicators of program quality developed by the State educational agency under section 

1240. 

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ø(3) TECHNICAL ASSISTANCE TO HELP LOCAL PROGRAMS

RAISE ADDITIONAL FUNDS.—In carrying out paragraph (1), a 

State educational agency may use the funds referred to in that 

paragraph to provide technical assistance to help local programs of demonstrated effectiveness to access and leverage additional funds for the purpose of expanding services and reducing waiting lists, including requesting and applying for nonFederal resources. 

ø(4) TECHNICAL ASSISTANCE AND TRAINING.—Assistance 

under paragraph (1) shall be in the form of technical assistance 

and training, provided by a State educational agency through 

a grant, contract, or cooperative agreement with an entity that 

has experience in offering high-quality training and technical 

assistance to family literacy providers. 

øSEC. 1235. PROGRAM ELEMENTS. 

øEach program assisted under this subpart shall— 

ø(1) include the identification and recruitment of families 

most in need of services provided under this subpart, as indicated by a low level of income, a low level of adult literacy or 

English language proficiency of the eligible parent or parents, 

and other need-related indicators; 

ø(2) include screening and preparation of parents, including teenage parents, and children to enable those parents and 

children to participate fully in the activities and services provided under this subpart, including testing, referral to necessary counselling, other developmental and support services, 

and related services; 

ø(3) be designed to accommodate the participants’ work 

schedule and other responsibilities, including the provision of 

support services, when those services are unavailable from 

other sources, necessary for participation in the activities assisted under this subpart, such as— 

ø(A) scheduling and locating of services to allow joint 

participation by parents and children; 

ø(B) child care for the period that parents are involved 

in the program provided under this subpart; and 

ø(C) transportation for the purpose of enabling parents 

and their children to participate in programs authorized by 

this subpart; 

ø(4) include high-quality, intensive instructional programs 

that promote adult literacy and empower parents to support 

the educational growth of their children, developmentally appropriate early childhood educational services, and preparation 

of children for success in regular school programs; 

ø(5) with respect to the qualifications of staff the cost of 

whose salaries are paid, in whole or in part, with Federal 

funds provided under this subpart, ensure that— 

ø(A) not later than December 21, 2004— 

ø(i) a majority of the individuals providing academic instruction— 

ø(I) shall have obtained an associate’s, bachelor’s, or graduate degree in a field related to 

early childhood education, elementary school or 

secondary school education, or adult education; 

and 

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ø(II) if applicable, shall meet qualifications established by the State for early childhood education, elementary school or secondary school education, or adult education provided as part of an 

Even Start program or another family literacy 

program; 

ø(ii) the individual responsible for administration 

of family literacy services under this subpart has received training in the operation of a family literacy 

program; and 

ø(iii) paraprofessionals who provide support for 

academic instruction have a secondary school diploma 

or its recognized equivalent; and 

ø(B) all new personnel hired to provide academic instruction— 

ø(i) have obtained an associate’s, bachelor’s, or 

graduate degree in a field related to early childhood 

education, elementary school or secondary school education, or adult education; and 

ø(ii) if applicable, meet qualifications established 

by the State for early childhood education, elementary 

school or secondary school education, or adult education provided as part of an Even Start program or 

another family literacy program; 

ø(6) include special training of staff, including child-care 

staff, to develop the skills necessary to work with parents and 

young children in the full range of instructional services offered through this subpart; 

ø(7) provide and monitor integrated instructional services 

to participating parents and children through home-based programs; 

ø(8) operate on a year-round basis, including the provision 

of some program services, including instructional and enrichment services, during the summer months; 

ø(9) be coordinated with— 

ø(A) other programs assisted under this Act; 

ø(B) any relevant programs under the Adult Education 

and Family Literacy Act, the Individuals with Disabilities 

Education Act, and title I of the Workforce Investment Act 

of 1998; and 

ø(C) the Head Start program, volunteer literacy programs, and other relevant programs; 

ø(10) use instructional programs based on scientifically 

based reading research for children and adults, to the extent 

that research is available; 

ø(11) encourage participating families to attend regularly 

and to remain in the program a sufficient time to meet their 

program goals; 

ø(12) include reading-readiness activities for preschool 

children based on scientifically based reading research, to the 

extent available, to ensure that children enter school ready to 

learn to read; 

ø(13) if applicable, promote the continuity of family literacy to ensure that individuals retain and improve their educational outcomes; 

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ø(14) ensure that the programs will serve those families 

most in need of the activities and services provided by this subpart; and 

ø(15) provide for an independent evaluation of the program, to be used for program improvement. 

øSEC. 1236. ELIGIBLE PARTICIPANTS. 

ø(a) IN GENERAL.—Except as provided in subsection (b), eligible participants in an Even Start program are— 

ø(1) a parent or parents— 

ø(A) who are eligible for participation in adult education and literacy activities under the Adult Education 

and Family Literacy Act; or 

ø(B) who are within the State’s compulsory school attendance age range, so long as a local educational agency 

provides (or ensures the availability of) the basic education 

component required under this subpart, or who are attending secondary school; and 

ø(2) the child or children, from birth through age 7, of any 

individual described in paragraph (1). 

ø(b) ELIGIBILITY FOR CERTAIN OTHER PARTICIPANTS.— 

ø(1) IN GENERAL.—Family members of eligible participants 

described in subsection (a) may participate in activities and 

services provided under this subpart, when appropriate to 

serve the purpose of this subpart. 

ø(2) SPECIAL RULE.—Any family participating in a program 

assisted under this subpart that becomes ineligible to participate as a result of one or more members of the family becoming ineligible to participate may continue to participate in the 

program until all members of the family become ineligible to 

participate, which— 

ø(A) in the case of a family in which ineligibility was 

due to the child or children of the family attaining the age 

of 8, shall be in 2 years or when the parent or parents become ineligible due to educational advancement, whichever 

occurs first; and 

ø(B) in the case of a family in which ineligibility was 

due to the educational advancement of the parent or parents of the family, shall be when all children in the family 

attain the age of 8. 

ø(3) CHILDREN 8 YEARS OF AGE OR OLDER.—If an Even 

Start program assisted under this subpart collaborates with a 

program under part A, and funds received under the part A 

program contribute to paying the cost of providing programs 

under this subpart to children 8 years of age or older, the Even 

Start program may, notwithstanding subsection (a)(2), permit 

the participation of children 8 years of age or older if the focus 

of the program continues to remain on families with young 

children. 

øSEC. 1237. APPLICATIONS. 

ø(a) SUBMISSION.—To be eligible to receive a subgrant under 

this subpart, an eligible entity shall submit an application to the 

State educational agency in such form and containing or accompanied by such information as the State educational agency shall 

require. 

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ø(b) REQUIRED DOCUMENTATION.—Each application shall include documentation, satisfactory to the State educational agency, 

that the eligible entity has the qualified personnel needed— 

ø(1) to develop, administer, and implement an Even Start 

program under this subpart; and 

ø(2) to provide access to the special training necessary to 

prepare staff for the program, which may be offered by an eligible organization. 

ø(c) PLAN.— ø(1) IN GENERAL.—The application shall also include a 

plan of operation and continuous improvement for the program, that includes— 

ø(A) a description of the program objectives, strategies 

to meet those objectives, and how those strategies and objectives are consistent with the program indicators established by the State; 

ø(B) a description of the activities and services that 

will be provided under the program, including a description of how the program will incorporate the program elements required by section 1235; 

ø(C) a description of the population to be served and 

an estimate of the number of participants to be served; 

ø(D) as appropriate, a description of the applicant’s 

collaborative efforts with institutions of higher education, 

community-based organizations, the State educational 

agency, private elementary schools, or other eligible organizations in carrying out the program for which assistance 

is sought; 

ø(E) a statement of the methods that will be used— 

ø(i) to ensure that the programs will serve families most in need of the activities and services provided by this subpart; 

ø(ii) to provide services under this subpart to individuals with special needs, such as individuals with 

limited English proficiency and individuals with disabilities; and 

ø(iii) to encourage participants to remain in the 

program for a time sufficient to meet the program’s 

purpose; 

ø(F) a description of how the plan is integrated with 

other programs under this Act or other Acts, as appropriate; and 

ø(G) a description of how the plan provides for rigorous and objective evaluation of progress toward the program objectives described in subparagraph (A) and for continuing use of evaluation data for program improvement. 

ø(2) DURATION OF THE PLAN.—Each plan submitted under 

paragraph (1) shall— 

ø(A) remain in effect for the duration of the eligible 

entity’s participation under this subpart; and 

ø(B) be periodically reviewed and revised by the eligible entity as necessary. 

ø(d) CONSOLIDATED APPLICATION.—The plan described in subsection (c)(1) may be submitted as part of a consolidated application under section 9305. 

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øSEC. 1238. AWARD OF SUBGRANTS. 

ø(a) SELECTION PROCESS.— 

ø(1) IN GENERAL.—The State educational agency shall establish a review panel in accordance with paragraph (3) that 

will approve applications that— 

ø(A) are most likely to be successful in— 

ø(i) meeting the purpose of this subpart; and 

ø(ii) effectively implementing the program elements required under section 1235; 

ø(B) demonstrate that the area to be served by the 

program has a high percentage or a large number of children and families who are in need of those services as indicated by high levels of poverty, illiteracy, unemployment, 

limited English proficiency, or other need-related indicators, such as a high percentage of children to be served by 

the program who reside in a school attendance area served 

by a local educational agency eligible for participation in 

programs under part A, a high number or percentage of 

parents who have been victims of domestic violence, or a 

high number or percentage of parents who are receiving 

assistance under a State program funded under part A of 

title IV of the Social Security Act (42 U.S.C. 601 et seq.); 

ø(C) provide services for at least a 3-year age range, 

which may begin at birth; 

ø(D) demonstrate the greatest possible cooperation 

and coordination between a variety of relevant service providers in all phases of the program; 

ø(E) include cost-effective budgets, given the scope of 

the application; 

ø(F) demonstrate the applicant’s ability to provide the 

non-Federal share required by section 1234(b); 

ø(G) are representative of urban and rural regions of 

the State; and 

ø(H) show the greatest promise for providing models 

that may be adopted by other family literacy projects and 

other local educational agencies. 

ø(2) PRIORITY FOR SUBGRANTS.—The State educational 

agency shall give priority for subgrants under this subsection 

to applications that— 

ø(A) target services primarily to families described in 

paragraph (1)(B); or 

ø(B) are located in areas designated as empowerment 

zones or enterprise communities. 

ø(3) REVIEW PANEL.—A review panel shall consist of at 

least three members, including one early childhood professional, one adult education professional, and one individual 

with expertise in family literacy programs, and may include 

other individuals, such as one or more of the following: 

ø(A) A representative of a parent-child education organization. 

ø(B) A representative of a community-based literacy 

organization. 

ø(C) A member of a local board of education. 

ø(D) A representative of business and industry with a 

commitment to education. 

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ø(E) An individual who has been involved in the implementation of programs under this title in the State. 

ø(b) DURATION.— 

ø(1) IN GENERAL.—Subgrants under this subpart may be 

awarded for a period not to exceed 4 years. 

ø(2) STARTUP PERIOD.—The State educational agency may 

provide subgrant funds to an eligible recipient, at the recipient’s request, for a 3- to 6-month start-up period during the 

first year of the 4-year grant period, which may include staff 

recruitment and training, and the coordination of services, before requiring full implementation of the program. 

ø(3) CONTINUING ELIGIBILITY.—In awarding subgrant 

funds to continue a program under this subpart after the first 

year, the State educational agency shall review the progress of 

each eligible entity in meeting the objectives of the program referred to in section 1237(c)(1)(A) and shall evaluate the program based on the indicators of program quality developed by 

the State under section 1240. 

ø(4) INSUFFICIENT PROGRESS.—The State educational agency may refuse to award subgrant funds to an eligible entity if 

the agency finds that the eligible entity has not sufficiently improved the performance of the program, as evaluated based on 

the indicators of program quality developed by the State under 

section 1240, after— 

ø(A) providing technical assistance to the eligible entity; and 

ø(B) affording the eligible entity notice and an opportunity for a hearing. 

ø(5) GRANT RENEWAL.—(A) An eligible entity that has previously received a subgrant under this subpart may reapply 

under this subpart for additional subgrants. 

ø(B) The Federal share of any subgrant renewed under 

subparagraph (A) shall be limited in accordance with section 

1234(b). 

øSEC. 1239. EVALUATION. 

øFrom funds reserved under section 1232(b)(1), the Secretary 

shall provide for an independent evaluation of programs assisted 

under this subpart— 

ø(1) to determine the performance and effectiveness of programs assisted under this subpart; 

ø(2) to identify effective Even Start programs assisted 

under this subpart that can be duplicated and used in providing technical assistance to Federal, State, and local programs; and 

ø(3) to provide State educational agencies and eligible entities receiving a subgrant under this subpart, directly or 

through a grant or contract with an organization with experience in the development and operation of successful family literacy services, technical assistance to ensure that local evaluations undertaken under section 1235(15) provide accurate information on the effectiveness of programs assisted under this 

subpart. 

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øSEC. 1240. INDICATORS OF PROGRAM QUALITY. 

øEach State educational agency receiving funds under this 

subpart shall develop, based on the best available research and 

evaluation data, indicators of program quality for programs assisted under this subpart. The indicators shall be used to monitor, 

evaluate, and improve those programs within the State. The indicators shall include the following: 

ø(1) With respect to eligible participants in a program who 

are adults— 

ø(A) achievement in the areas of reading, writing, 

English-language acquisition, problem solving, and 

numeracy; 

ø(B) receipt of a secondary school diploma or a general 

equivalency diploma (GED); 

ø(C) entry into a postsecondary school, job retraining 

program, or employment or career advancement, including 

the military; and 

ø(D) such other indicators as the State may develop. 

ø(2) With respect to eligible participants in a program who 

are children— 

ø(A) improvement in ability to read on grade level or 

reading readiness; 

ø(B) school attendance; 

ø(C) grade retention and promotion; and 

ø(D) such other indicators as the State may develop. 

øSEC. 1241. RESEARCH. 

ø(a) IN GENERAL.—The Secretary shall carry out, through 

grant or contract, research into the components of successful family 

literacy services, in order to— 

ø(1) improve the quality of existing programs assisted 

under this subpart or other family literacy programs carried 

out under this Act or the Adult Education and Family Literacy 

Act; and 

ø(2) develop models for new programs to be carried out 

under this Act or the Adult Education and Family Literacy 

Act. 

ø(b) SCIENTIFICALLY BASED RESEARCH ON FAMILY LITERACY.— 

ø(1) IN GENERAL.—From amounts reserved under section 

1232(b)(2), the National Institute for Literacy, in consultation 

with the Secretary, shall carry out research that— 

ø(A) is scientifically based reading research; and 

ø(B) determines— 

ø(i) the most effective ways of improving the literacy skills of adults with reading difficulties; and 

ø(ii) how family literacy services can best provide 

parents with the knowledge and skills the parents 

need to support their children’s literacy development. 

ø(2) USE OF EXPERT ENTITY.—The National Institute for 

Literacy, in consultation with the Secretary, shall carry out the 

research under paragraph (1) through an entity, including a 

Federal agency, that has expertise in carrying out longitudinal 

studies of the development of literacy skills in children and has 

developed effective interventions to help children with reading 

difficulties. 

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ø(c) DISSEMINATION.—The National Institute for Literacy shall 

disseminate, pursuant to section 1207, the results of the research 

described in subsections (a) and (b) to State educational agencies 

and recipients of subgrants under this subpart. 

øSEC. 1242. CONSTRUCTION. 

øNothing in this subpart shall be construed to prohibit a recipient of funds under this subpart from serving students participating in Even Start simultaneously with students with similar 

educational needs, in the same educational settings where appropriate. 

øSubpart 4—Improving Literacy Through School 

Libraries 

øSEC. 1251. IMPROVING LITERACY THROUGH SCHOOL LIBRARIES. 

ø(a) PURPOSES.—The purpose of this subpart is to improve literacy skills and academic achievement of students by providing 

students with increased access to up-to-date school library materials, a well-equipped, technologically advanced school library 

media center, and well-trained, professionally certified school library media specialists. 

ø(b) RESERVATION.—From the funds appropriated under section 1002(b)(4) for a fiscal year, the Secretary shall reserve— 

ø(1) one-half of 1 percent to award assistance under this 

section to the Bureau of Indian Affairs to carry out activities 

consistent with the purpose of this subpart; and 

ø(2) one-half of 1 percent to award assistance under this 

section to the outlying areas according to their respective needs 

for assistance under this subpart. 

ø(c) GRANTS.— 

ø(1) COMPETITIVE GRANTS TO ELIGIBLE LOCAL EDUCATIONAL

AGENCIES.—If the amount of funds appropriated under section 

1002(b)(4) for a fiscal year is less than $100,000,000, then the 

Secretary shall award grants, on a competitive basis, to eligible 

local educational agencies under subsection (e). 

ø(2) FORMULA GRANTS TO STATES.—If the amount of funds 

appropriated under section 1002(b)(4) for a fiscal year equals 

or exceeds $100,000,000, then the Secretary shall award grants 

to State educational agencies from allotments under subsection 

(d). 

ø(3) DEFINITION OF ELIGIBLE LOCAL EDUCATIONAL AGENCY.—In this section the term ‘‘eligible local educational agency’’ 

means— 

ø(A) in the case of a local educational agency receiving 

assistance made available under paragraph (1), a local 

educational agency in which 20 percent of the students 

served by the local educational agency are from families 

with incomes below the poverty line; and 

ø(B) in the case of a local educational agency receiving 

assistance from State allocations made available under 

paragraph (2), a local educational agency in which— 

ø(i) 15 percent of the students who are served by 

the local educational agency are from such families; or 

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ø(ii) the percentage of students from such families 

who are served by the local educational agency is 

greater than the statewide percentage of children from 

such families. 

ø(d) STATE GRANTS.— ø(1) ALLOTMENTS.—From funds made available under subsection (c)(2) and not reserved under subsections (b) and (j) for 

a fiscal year, the Secretary shall allot to each State educational 

agency having an application approved under subsection (f)(1) 

an amount that bears the same relation to the funds as the 

amount the State educational agency received under part A for 

the preceding fiscal year bears to the amount all such State 

educational agencies received under part A for the preceding 

fiscal year, to increase literacy and reading skills by improving 

school libraries. 

ø(2) COMPETITIVE GRANTS TO ELIGIBLE LOCAL EDUCATIONAL

AGENCIES.—Each State educational agency receiving an allotment under paragraph (1) for a fiscal year— 

ø(A) may reserve not more than 3 percent of the allotted funds to provide technical assistance, disseminate information about school library media programs that are effective and based on scientifically based research, and pay 

administrative costs related to activities under this section; and 

ø(B) shall use the allotted funds that remain after 

making the reservation under subparagraph (A) to award 

grants, for a period of 1 year, on a competitive basis, to eligible local educational agencies in the State that have an 

application approved under subsection (f)(2) for activities 

described in subsection (g). 

ø(3) REALLOTMENT.—If a State educational agency does 

not apply for an allotment under this section for any fiscal 

year, or if the State educational agency’s application is not approved, the Secretary shall reallot the amount of the State educational agency’s allotment to the remaining State educational 

agencies in accordance with paragraph (1). 

ø(e) DIRECT COMPETITIVE GRANTS TO ELIGIBLE LOCAL EDU- CATIONAL AGENCIES.— ø(1) IN GENERAL.—From amounts made available under 

subsection (c)(1) and not reserved under subsections (b) and (j) 

for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible local educational agencies that have 

applications approved under subsection (f)(2) for activities described in subsection (g). 

ø(2) DURATION.—The Secretary shall award grants under 

this subsection for a period of 1 year. 

ø(3) DISTRIBUTION.—The Secretary shall ensure that 

grants under this subsection are equitably distributed among 

the different geographic regions of the United States, and 

among local educational agencies serving urban and rural 

areas. 

ø(f) APPLICATIONS.— ø(1) STATE EDUCATIONAL AGENCY.—Each State educational 

agency desiring assistance under this section shall submit to 

the Secretary an application at such time, in such manner, and 

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containing such information as the Secretary shall require. The 

application shall contain a description of— 

ø(A) how the State educational agency will assist eligible local educational agencies in meeting the requirements 

of this section and in using scientifically based research to 

implement effective school library media programs; and 

ø(B) the standards and techniques the State educational agency will use to evaluate the quality and impact 

of activities carried out under this section by eligible local 

educational agencies to determine the need for technical 

assistance and whether to continue to provide additional 

funding to the agencies under this section. 

ø(2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—Each eligible 

local educational agency desiring assistance under this section 

shall submit to the Secretary or State educational agency, as 

appropriate, an application at such time, in such manner, and 

containing such information as the Secretary or State educational agency, respectively, shall require. The application 

shall contain a description of— 

ø(A) a needs assessment relating to the need for school 

library media improvement, based on the age and condition of school library media resources, including book collections, access of school library media centers to advanced 

technology, and the availability of well-trained, professionally certified school library media specialists, in 

schools served by the eligible local educational agency; 

ø(B) the manner in which the eligible local educational 

agency will use the funds made available through the 

grant to carry out the activities described in subsection (g); 

ø(C) how the eligible local educational agency will extensively involve school library media specialists, teachers, 

administrators, and parents in the activities assisted 

under this section, and the manner in which the eligible 

local educational agency will carry out the activities described in subsection (g) using programs and materials 

that are grounded in scientifically based research; 

ø(D) the manner in which the eligible local educational 

agency will effectively coordinate the funds and activities 

provided under this section with Federal, State, and local 

funds and activities under this subpart and other literacy, 

library, technology, and professional development funds 

and activities; and 

ø(E) the manner in which the eligible local educational 

agency will collect and analyze data on the quality and impact of activities carried out under this section by schools 

served by the eligible local educational agency. 

ø(g) LOCAL ACTIVITIES.—Funds under this section may be used 

to— 

ø(1) acquire up-to-date school library media resources, including books; 

ø(2) acquire and use advanced technology, incorporated 

into the curricula of the school, to develop and enhance the information literacy, information retrieval, and critical thinking 

skills of students; 

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ø(3) facilitate Internet links and other resource-sharing 

networks among schools and school library media centers, and 

public and academic libraries, where possible; 

ø(4) provide professional development described in section 

1222(d)(2) for school library media specialists, and activities 

that foster increased collaboration between school library 

media specialists, teachers, and administrators; and 

ø(5) provide students with access to school libraries during 

nonschool hours, including the hours before and after school, 

during weekends, and during summer vacation periods. 

ø(h) ACCOUNTABILITY AND REPORTING.— ø(1) LOCAL REPORTS.—Each eligible local educational agency that receives funds under this section for a fiscal year shall 

report to the Secretary or State educational agency, as appropriate, on how the funding was used and the extent to which 

the availability of, the access to, and the use of, up-to-date 

school library media resources in the elementary schools and 

secondary schools served by the eligible local educational agency was increased. 

ø(2) STATE REPORT.—Each State educational agency that 

receives funds under this section shall compile the reports received under paragraph (1) and submit the compiled reports to 

the Secretary. 

ø(i) SUPPLEMENT, NOT SUPPLANT.—Funds made available 

under this section shall be used to supplement, and not supplant, 

other Federal, State, and local funds expended to carry out activities relating to library, technology, or professional development activities. 

ø(j) NATIONAL ACTIVITIES.— ø(1) EVALUATIONS.—From the funds appropriated under 

section 1002(b)(4) for each fiscal year, the Secretary shall reserve not more than 1 percent for annual, independent, national evaluations of the activities assisted under this section 

and their impact on improving the reading skills of students. 

The evaluations shall be conducted not later than 3 years after 

the date of enactment of the No Child Left Behind Act of 2001, 

and biennially thereafter. 

ø(2) REPORT TO CONGRESS.—The Secretary shall transmit 

the State reports received under subsection (h)(2) and the evaluations conducted under paragraph (1) to the Committee on 

Health, Education, Labor, and Pensions of the Senate and the 

Committee on Education and the Workforce of the House of 

Representatives.¿ 

PART B—PATHWAYS TO COLLEGE 

Subpart 1—Improving Secondary Schools 

SEC. 1201. SECONDARY SCHOOL REFORM. 

(a) PURPOSES.—The purposes of this section are to ensure students graduate from secondary school college and career ready and 

to increase graduation rates by providing grants to eligible entities 

to provide schools with the necessary resources to implement innovative and effective secondary school reform strategies. 

(b) DEFINITIONS.—In this section: 

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(1) APPLIED LEARNING.—The term ‘‘applied learning’’ 

means a strategy that— 

(A) engages students in opportunities to apply rigorous 

academic content aligned with college-level expectations to 

real world experience, through such means as work experience, work-based learning, problem-based learning, or service-learning; and 

(B) develops students’ cognitive competencies and pertinent employability skills. 

(2) CHRONIC ABSENTEEISM.—The term ‘‘chronic absenteeism’’ means a student misses— 

(A) 10 percent of the school days per school year; or 

(B) not less than 20 school days per school year. 

(3) COMPETENCY-BASED LEARNING MODEL.—The term ‘‘competency-based learning model’’ means an education model in 

which educators use explicit measurable learning objectives to 

assist students to advance upon mastery of objectives as determined through relevant assessments. 

(4) EFFECTIVE SECONDARY SCHOOL REFORM STRATEGIES.— 

The term ‘‘effective secondary school reform strategies’’ means a 

set of programs, interventions, and activities with demonstrated 

effectiveness in improving the academic achievement of struggling students or dropouts. 

(5) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a 

high-need local educational agency, or a consortium of such 

local educational agencies, in partnership with— 

(A) 1 or more institutions of higher education; 

(B) 1 or more employers or industry-related organizations; and 

(C) 1 or more external partners or qualified intermediaries. 

(6) ELIGIBLE SECONDARY SCHOOL.—The term ‘‘eligible secondary school’’ means a high school that— 

(A) is eligible for funds under part A; 

(B) has a graduation rate below 75 percent; 

(C) does not receive grant funds under section 1116(d); 

and 

(D) is identified as low performing based on the State’s 

accountability system. 

(7) EXTERNAL PARTNER.—The term ‘‘external partner’’ 

means a public or private nonprofit organization or a nonprofit 

charter management organization, with a demonstrated record 

of successful secondary school reform. 

(8) FEEDER MIDDLE SCHOOL.—The term ‘‘feeder middle 

school’’ means an elementary school or secondary school from 

which a majority of students go on to attend an eligible secondary school. 

(9) QUALIFIED INTERMEDIARY.—The term ‘‘qualified intermediary’’ means an entity that has demonstrated expertise to 

build and sustain partnerships with entities such as employers, 

schools, community-based organizations, postsecondary educational institutions, social service agencies, economic development organizations, and workforce investment systems, to 

broker services, resources, and supports for youth and the organizations and systems designed to serve them. 

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(10) STRUGGLING STUDENT.—The term ‘‘struggling student’’ 

means a student who— 

(A) is at an increased risk for low academic achievement and is unlikely to graduate high school within 4 

years; or 

(B) has dropped out of school. 

(c) GRANTS AUTHORIZED.— 

(1) IN GENERAL.— 

(A) RESERVATION.—From the total amount of funds appropriated to carry out this section for a fiscal year, the 

Secretary shall reserve— 

(i) not more than 2.5 percent for national activities, 

which the Secretary shall use for technical assistance, 

data collection and dissemination, and evaluation and 

reporting activities; and 

(ii) not less than one-half of 1 percent for the Bureau of Indian Education for activities consistent with 

the purposes of this section. 

(B) GRANTS.—From the total amount of funds appropriated to carry out this section for a fiscal year and not 

reserved under subparagraph (A), the Secretary shall 

award grants, on a competitive basis, to eligible entities, 

based on the quality of the applications submitted, of 

which— 

(i) not more than 25 percent of grant funds shall 

be used for activities described in subsection (e)(1); and 

(ii) not less than 75 percent of grant funds shall be 

used for activities described in paragraphs (2) and (3) 

of subsection (e) and subsection (f). 

(2) GRANT DURATION.—Grants awarded under this section 

shall be for a period of 5 years, conditional after 3 years on satisfactory progress on the performance indicators described in 

subsection (d)(2)(G), as determined by the Secretary. 

(3) GRANT CONSIDERATIONS.—In awarding grants under 

this section, the Secretary shall give special consideration to applications from eligible entities— 

(A) serving high-need areas, such as high-poverty or 

rural local educational agencies; or 

(B) that demonstrate partnerships with employers to 

provide students at participating schools with career-related experience or assistance in attaining career-related 

credentials. 

(4) ANNUAL REPORT.—Each eligible entity that receives a 

grant under this section shall submit to the Secretary an annual report including data on the entity’s progress on the performance indicators described in subsection (d)(2)(G). 

(d) APPLICATION.— 

(1) IN GENERAL.—An eligible entity that desires a grant 

under this section shall submit an application to the Secretary 

at such time, in such manner, and containing such information 

as the Secretary may reasonably require. 

(2) CONTENTS.—Each application submitted under paragraph (1) shall include, at a minimum, a description of the following: 

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(A) How the eligible entity will use funds awarded 

under this section to carry out the activities described in 

subsection (e)(1). 

(B) The role of each entity that comprises the eligible 

entity in meeting the purposes of this section, including the 

external partner’s capacity and record of success in secondary school reform. 

(C) How the eligible entity will sustain the activities 

proposed, including the availability of funds from non-Federal sources and coordination with other Federal, State, 

and local funds. 

(D) How the eligible entity conducted a comprehensive 

needs analysis and capacity assessment of the eligible secondary schools served by the eligible entity to identify secondary schools proposed to be served by the grant. The 

needs analysis and capacity assessment shall include the 

following: 

(i) An examination of each secondary school’s data 

in the aggregate, and disaggregated by each of the subgroups of students described in section 1111(a)(2)(B)(x), 

on the following: 

(I) Graduation rates and characteristics of 

those students who are not graduating, including 

such students’ attendance, behavior, expulsion 

rates, suspension rates, course performance, and 

credit accumulation rates. 

(II) Rates of dropout recovery (re-entry). 

(III) Rates of enrollment and remediation in 

institutions of higher education, in accordance 

with section 1111(d)(3)(B)(viii). 

(IV) The percentage of students who are 2 or 

more years over-aged or under-credited for their 

grade level. 

(ii) An examination of each eligible secondary 

school and feeder middle school’s data in the aggregate, and disaggregated by each of the subgroups of 

students described in section 1111(a)(2)(B)(x), as applicable, on the following: 

(I) Student academic achievement, including 

the percentage of students who have on-time credit 

accumulation at the end of each grade and the percentage of students failing a core, credit-bearing, 

reading or language arts, science, or mathematics 

course, or failing 2 or more of any courses. 

(II) The percentage of students who have an 

attendance rate lower than 90 percent. 

(III) Annual rates of expulsions, suspensions, 

school violence, harassment, and bullying, as defined under State or local laws or policies. 

(IV) Annual, average credit accumulation. 

(V) Annual, average attendance rates. 

(VI) Annual rates of students who move in and 

out of the school within a school year. 

(VII) Annual, average rates of enrollment in 

and completion of advanced coursework, including 

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opportunities to earn postsecondary credit while in 

high school, such as Advanced Placement and 

International Baccalaureate courses and exams, 

dual enrollment, and early college. 

(VIII) Curriculum alignment with college and 

career ready standards across all grade levels. 

(IX) The nonacademic barriers that impact 

student achievement and the available support 

services to address such barriers. 

(X) The number and percentage of students 

who do not transition from grade 8 to grade 9 and 

who have not transferred to and enrolled in a 

school outside of the local educational agency within the State or out of the State. 

(iii) An examination, including a description, of 

each eligible secondary school’s capacity to implement 

the school reform activities described under subsection 

(e)(3), including— 

(I) the capacity and experience levels of administrative, instructional, and noninstructional staff; 

(II) the budget, including how Federal, State, 

and local funds are being spent (as of the time of 

the assessment) and can be better spent; and 

(III) the technical assistance, additional resources, and staff necessary to implement the activities identified in subsection (e)(3). 

(iv) An assessment of the capacity of the eligible 

entity to provide technical assistance and resources to 

implement the activities described in subsection (e). 

(E) The rationale for the strategies chosen to be implemented under subsection (e), including how such strategies 

will address the needs identified through the needs analysis. 

(F) How the eligible entity will incorporate students 

with disabilities, English learners, and struggling students 

into the activities under subsection (e). 

(G) The performance indicators and targets the eligible 

entity will use to assess the effectiveness of the activities implemented under this section including— 

(i) graduation rates; 

(ii) dropout recovery (re-entry) rates; 

(iii) percentage of students with less than a 90 percent attendance rate; 

(iv) percentage of students who have on-time credit 

accumulation at the end of each grade and the percentage of students failing a core subject course; 

(v) rates of expulsions, suspensions, school violence, harassment, and bullying, as defined under 

State or local laws or policies; 

(vi) annual, average attendance rates; 

(vii) annual rates of student mobility; 

(viii) annual rates of student transfers; 

(ix) college remediation, enrollment, persistence, 

and completion rates; and 

(x) percentage of students successfully— 

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(I) completing Advanced Placement or International Baccalaureate courses; 

(II) completing rigorous postsecondary education courses while attending a secondary school; 

or 

(III) enrolling in and completing, career and 

technical education, as defined in section 3 of the 

Carl D. Perkins Career and Technical Education 

Act of 2006 (20 U.S.C. 2302) or a program that 

leads to an apprenticeship registered under the Act 

of August 16, 1937 (commonly known as the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chapter 

663; 29 U.S.C. 50 et seq.). 

(e) REQUIRED USES OF FUNDS.— 

(1) IN GENERAL.—An eligible entity that receives a grant 

under this section shall use the grant funds to— 

(A) implement an early warning indicator system to 

help high schools and feeder middle schools, served by the 

eligible entity’s local educational agency, to identify struggling students and create a system of evidence-based interventions, by— 

(i) identifying and analyzing the academic and 

non-academic risk factors that most reliably predict 

dropouts by using longitudinal data of past cohorts of 

students; 

(ii) identifying specific indicators of student 

progress and performance, such as attendance and 

chronic absenteeism, academic performance in core 

courses, and credit accumulation, to guide decisionmaking; 

(iii) identifying or developing a mechanism for regularly collecting and analyzing data about the impact 

of interventions on the indicators of student progress 

and performance; 

(iv) analyzing academic indicators to determine 

whether students are making sufficient academic 

growth to graduate secondary school in the standard 

numbers of years; and 

(v) identifying and implementing strategies for 

pairing academic support with integrated student services and case-management interventions for students 

requiring intensive supports, which may include partnerships with other external partners; 

(B) provide support and credit recovery opportunities 

for struggling students, including those who are over-aged 

and under-credited, at secondary schools served by the eligible entity by offering activities, such as— 

(i) a flexible school schedule; 

(ii) competency-based learning models and performance-based assessments; and 

(iii) the provision of support services; 

(C) provide dropout recovery or re-entry programs to 

secondary schools that are designed to encourage and support dropouts returning to an educational system, program, 

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or institution following an extended absence in order to 

graduate college and career ready; 

(D) provide evidence-based grade and school transition 

programs and supports, including through curricula alignment; and 

(E) provide school leaders, instructional staff, noninstructional staff, students, and families with high-quality, easily accessible and timely information about— 

(i) secondary school graduation requirements; 

(ii) postsecondary education application processes; 

(iii) postsecondary admissions processes and requirements, including public financial aid and other 

available private scholarship and grant aid opportunities; 

(iv) current regional labor market information on 

high-demand and projected-growth industry areas and 

occupations; and 

(v) other programs and services for increasing 

rates of college access and success for students from 

low-income families. 

(2) REQUIRED USE OF FUNDS IN FEEDER MIDDLE SCHOOLS.— An eligible entity that receives a grant under this section shall 

use the grant funds in feeder middle schools to improve the academic achievement of students and prepare students to graduate college and career ready by— 

(A) using early warning indicator and intervention systems described in paragraph (1)(A); 

(B) creating a personalized learning environment; 

(C) implementing a transition strategy to support the 

successful transition of students between grades, including 

encouraging collaboration among elementary, middle, and 

secondary school grades; 

(D) providing high-quality professional development 

opportunities to school leaders, teachers, and other school 

staff to prepare staff to— 

(i) address the academic challenges of students in 

middle grades; 

(ii) understand the developmental needs of students in the middle grades and how to address those 

needs in an educational setting; 

(iii) implement data-driven interventions; and 

(iv) provide academic guidance to students so that 

students can graduate college and career ready; and 

(E) implementing organizational practices and school 

schedules that allow for collaborative staff participation, 

team teaching, and common instructional planning time. 

(3) REQUIRED USE OF FUNDS IN ELIGIBLE SECONDARY

SCHOOLS.—An eligible entity that receives a grant under this 

section shall use the grant funds in eligible secondary schools 

to implement a comprehensive approach that will— 

(A) personalize the school experience by taking steps 

such as— 

(i) creating opportunities for struggling students to 

receive personalized instruction, including providing a 

personalized sequence of instructional content and 

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skills development, and opportunities for credit recovery; 

(ii) implementing competency-based learning models; and 

(iii) providing ongoing evaluation of student academic achievement and the necessary supports so that 

students graduate college and career ready; 

(B) increase student engagement by providing applied 

learning opportunities; 

(C) provide school leaders with autonomy through a 

flexible budget and staffing authority; 

(D) implement high-quality, evidence-based professional development for teachers and school leaders, provide 

increased opportunities for teachers to work collaboratively, 

and improve instruction; 

(E) improve curriculum and instruction, by— 

(i) redesigning academic content and instructional 

practices to align with high academic standards for all 

students, the criteria associated with admission to and 

success in postsecondary education, and the skills necessary to be successful in the workplace; 

(ii) increasing rigor by providing opportunities to 

earn postsecondary credit while in high school, including through Advanced Placement or International Baccalaureate courses, dual enrollment, and early college; 

and 

(iii) implementing competency-based learning models; 

(F) strengthen the transition between high school and 

postsecondary education through activities such as— 

(i) providing academic and career counseling in 

student-to-counselor ratios that allow students to make 

informed decisions about academic and career options; 

(ii) providing high-quality college and career exploration opportunities including college campus visits; 

(iii) coordinating secondary and postsecondary 

support services, and academic calendars, to allow students to visit and take courses at institutions of higher 

education; and 

(iv) providing academic and support services, including financial aid counseling for postsecondary education; and 

(G) implement not less than 1 of the following effective 

secondary school reform strategies to prepare students for 

college and a career, and to improve graduation rates: 

(i) Graduation Promise Academies, which include— 

(I) grade 9 academies taught by teams of 

teachers who work with small groups of students; 

(II) career academies for upper grades; 

(III) extended learning periods, such as block 

scheduling, to reduce the number of students for 

whom teachers are responsible and the number of 

courses students are taking at any one time; 

(IV) an after-hours credit recovery program; 

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(V) curriculum coaches who provide high-quality professional development and support; 

(VI) partnerships among parents, teachers, administrators, community-based organizations, and 

community members focused on improving student 

achievement; and 

(VII) a college-going culture, including student 

supports and guidance. 

(ii) Career academies, which implement a college 

and career ready curriculum that integrates rigorous 

academics, career and technical education, and experiential learning for high school students in high-skill, 

high-demand industries, in collaboration with local 

and regional employers. 

(iii) Dual enrollment programs that provide dual 

enrollment opportunities with college credit-bearing 

courses, including accelerated certificate programs with 

community colleges or other recognized postsecondary 

credentials. 

(iv) Early college high schools that design curricula and sequences of courses in collaboration with 

teachers from the eligible secondary school and faculty 

from the partner institution of higher education so that 

students may simultaneously earn credits towards a 

high school diploma and either an associate’s degree or 

not less than 12 transferable postsecondary education 

credits toward a postsecondary degree at no cost to students or their families. 

(f) ALLOWABLE USES OF FUNDS.—An eligible entity that receives 

a grant under this section may use grant funds to— 

(1) improve parent and family engagement in the educational attainment and achievement of struggling students 

and dropouts to be college and career ready by— 

(A) leveraging community-based services and opportunities; and 

(B) providing parents and families with the necessary 

information, including data on their child’s academic 

achievement and how to navigate the public school system; 

(2) provide extended learning opportunities, by extending 

the school day, week, or year to increase the total number of 

school hours to include additional time for instruction in academic subjects and enrichment activities that contribute to a 

well-rounded education; 

(3) increase student supports through activities such as student advisories, school counseling opportunities, and one-to-one 

mentoring; and 

(4) create smaller learning communities. 

(g) MATCHING FUNDS.— 

(1) IN GENERAL.—An eligible entity that receives a grant 

under this section shall provide matching funds, from non-Federal sources, in an amount equal to not less than 20 percent of 

the amount of grant funds awarded in the first 3 years of the 

grant, not less than 50 percent of the amount awarded in the 

fourth year of the grant, and not less than 75 percent of the 

amount awarded in the fifth year of the grant, as applicable. 

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(2) WAIVER.—The Secretary may waive all or part of the 

matching requirement described in paragraph (1) for a fiscal 

year for an eligible entity, on a case-by-case basis, if the Secretary determines that applying the matching requirement to 

such eligible entity would result in serious hardship or an inability to carry out the authorized activities described in subsection (e). 

(h) SUPPLEMENT NOT SUPPLANT.—An eligible entity shall use 

Federal funds received under this section only to supplement the 

funds that would, in the absence of such Federal funds, be made 

available from other Federal and non-Federal sources for the activities described in this section, and not to supplant such funds. 

Subpart 2—Accelerated Learning 

SEC. 1221. PURPOSES. 

The purposes of this subpart are— 

(1) to raise student academic achievement by— 

(A) increasing the number of teachers serving highneed schools who are qualified to teach Advanced Placement or International Baccalaureate courses; and 

(B) increasing the number of students attending highneed schools who— 

(i) enroll and succeed in Advanced Placement or 

International Baccalaureate courses; and 

(ii) take Advanced Placement or International Baccalaureate examinations; 

(2) to increase, and to support statewide and, as applicable, 

districtwide, efforts to increase the availability of, and enrollment in, Advanced Placement or International Baccalaureate 

courses, and pre-Advanced Placement or pre-International Baccalaureate courses, in high-need schools; and 

(3) to provide high-quality professional development for 

teachers of Advanced Placement or International Baccalaureate 

courses, and pre-Advanced Placement or pre-International Baccalaureate courses, in high-need schools. 

SEC. 1222. FUNDING DISTRIBUTION RULE. 

From amounts appropriated to carry out this subpart for a fiscal year, the Secretary shall give priority to funding activities under 

section 1223 and shall distribute any remaining funds under section 1224. 

SEC. 1223. ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE EXAMINATION FEE PROGRAM. 

(a) GRANTS AUTHORIZED.—From amounts made available to 

carry out this subpart for a fiscal year, the Secretary shall award 

grants to State educational agencies having applications approved 

under this section to enable the State educational agencies to pay, 

on behalf of low-income students, part or all of the costs of Advanced Placement or International Baccalaureate examination fees, 

if the low-income students— 

(1) are enrolled in an Advanced Placement or International 

Baccalaureate course; and 

(2) plan to take an Advanced Placement or International 

Baccalaureate examination. 

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(b) AWARD BASIS.—In determining the amount of the grant 

awarded to a State educational agency under this section for a fiscal year, the Secretary shall consider the number of children eligible 

to be counted under section 1124(c) in the State in relation to the 

number of such children so counted in all States. 

(c) INFORMATION DISSEMINATION.—A State educational agency 

that is awarded a grant under this section shall make publicly 

available information regarding the availability of Advanced Placement or International Baccalaureate examination fee payments 

under this section, and shall disseminate such information to eligible secondary school students and parents, including through secondary school teachers and counselors. 

(d) APPLICATIONS.—Each State educational agency desiring to 

receive a grant under this section shall submit an application to the 

Secretary at such time, in such manner, and accompanied by such 

information as the Secretary may require. At a minimum, each 

State educational agency application shall— 

(1) describe the Advanced Placement or International Baccalaureate examination fees the State educational agency will 

pay on behalf of low-income students in the State from grant 

funds awarded under this section; 

(2) provide an assurance that any grant funds awarded 

under this section shall be used only to pay for Advanced Placement or International Baccalaureate examination fees; and 

(3) contain such information as the Secretary may require 

to demonstrate that the State educational agency will ensure 

that a student is eligible for payments authorized under this 

section, including ensuring that the student is a low-income 

student. 

(e) REGULATIONS.—The Secretary shall prescribe such regulations as are necessary to carry out this section. 

(f) REPORT.— 

(1) IN GENERAL.—Each State educational agency awarded 

a grant under this section shall, with respect to each Advanced 

Placement or International Baccalaureate course subject, annually report to the Secretary the following data for the preceding 

year: 

(A) The number of students in the State who are taking 

an Advanced Placement or International Baccalaureate 

course in such subject. 

(B) The number of Advanced Placement or International Baccalaureate examinations taken by students in 

the State who have taken an Advanced Placement or International Baccalaureate course in such subject. 

(C) The number of students in the State scoring at each 

level on Advanced Placement or International Baccalaureate examinations in such subject, disaggregated by 

each of the subgroups of students described in section 

1111(a)(2)(B)(x). 

(D) Demographic information regarding students in the 

State taking Advanced Placement or International Baccalaureate courses and Advanced Placement or International 

Baccalaureate examinations in that subject, disaggregated 

by race, ethnicity, sex, English proficiency status, and socioeconomic status. 

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(2) REPORT TO CONGRESS.—The Secretary shall annually 

compile the information received from each State educational 

agency under paragraph (1) and report to the authorizing committees regarding the information. 

(g) BUREAU OF INDIAN AFFAIRS AS STATE EDUCATIONAL AGENCY.—For purposes of this section, the Bureau of Indian Affairs shall 

be treated as a State educational agency. 

SEC. 1224. ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE INCENTIVE PROGRAM GRANTS. 

(a) GRANTS AUTHORIZED.— 

(1) IN GENERAL.—From amounts made available to carry 

out this subpart for a fiscal year, the Secretary shall award 

grants, on a competitive basis, to eligible entities to enable such 

entities to carry out the authorized activities described in subsection (e). 

(2) DURATION, RENEWAL, AND PAYMENTS.— 

(A) DURATION.—The Secretary shall award a grant 

under this section for a period of not more than 3 years. 

(B) RENEWAL.—The Secretary may renew a grant 

awarded under this section for an additional period of not 

more than 2 years, if an eligible entity— 

(i) is achieving the objectives of the grant; and 

(ii) has shown improvement against baseline data 

on the performance measures described in subparagraphs (A) through (E) of subsection (g)(1). 

(C) PAYMENTS.—The Secretary shall make grant payments under this section on an annual basis. 

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

‘‘eligible entity’’ means— 

(1) a State educational agency; 

(2) a high-need local educational agency; or 

(3) a partnership consisting of— 

(A) a national, regional, or statewide public or nonprofit organization with expertise and experience in providing Advanced Placement or International Baccalaureate 

course services; and 

(B) a State educational agency or a high-need local 

educational agency. 

(c) APPLICATION.— 

(1) IN GENERAL.—Each eligible entity desiring a grant 

under this section shall submit an application to the Secretary 

at such time, in such manner, and accompanied by such information as the Secretary may require. 

(2) CONTENTS.—The application shall, at a minimum, include a description of— 

(A) the goals and objectives for the project supported by 

the grant under this section, including— 

(i) increasing the number of teachers serving highneed schools who are qualified to teach Advanced 

Placement or International Baccalaureate courses; 

(ii) increasing the number of Advanced Placement 

or International Baccalaureate courses that are offered 

at high-need schools; and 

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(iii) increasing the number of students attending a 

high-need school, particularly low-income students, 

who succeed in— 

(I) Advanced Placement or International Baccalaureate courses; and 

(II) if offered by the school, pre-Advanced 

Placement or pre-International Baccalaureate 

courses; 

(B) how the eligible entity will ensure that students 

have access to courses, including pre-Advanced Placement 

or pre-International Baccalaureate courses, that will prepare students to enroll and succeed in Advanced Placement 

or International Baccalaureate courses; 

(C) how the eligible entity will provide professional development for teachers that will further the goals and objectives of the grant project; 

(D) how the eligible entity will ensure that teachers 

serving high-need schools are qualified to teach Advanced 

Placement or International Baccalaureate courses; 

(E) how the eligible entity will provide for the involvement of business and community organizations and other 

entities, including institutions of higher education, in carrying out the activities described in subsection (e); 

(F) how the eligible entity will use funds received under 

this section; and 

(G) how the eligible entity will evaluate the outcome of 

the grant project. 

(d) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to applications from eligible entities that— 

(1) are part of a statewide or districtwide strategy, as applicable, for increasing the availability of Advanced Placement or 

International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses, in high-need 

schools; 

(2) demonstrate a focus on increasing the availability of 

Advanced Placement or International Baccalaureate courses in 

core academic subjects; and 

(3) propose to carry out activities that target high-need 

schools. 

(e) AUTHORIZED ACTIVITIES.— 

(1) IN GENERAL.—Each eligible entity that receives a grant 

under this section shall use the grant funds to carry out activities designed to increase— 

(A) the number of teachers serving high-need schools 

who are qualified to teach Advanced Placement or International Baccalaureate courses; and 

(B) the number of students attending high-need schools 

who succeed in the examinations for such courses, including through reimbursing low-income students attending 

high-need schools for part or all of the cost of Advanced 

Placement or International Baccalaureate examination fees. 

(2) ALLOWABLE ACTIVITIES.—In addition to the activities 

described in paragraph (1), an eligible entity that receives a 

grant under this section may use grant funds for— 

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(A) high-quality teacher professional development, in 

order to expand the pool of teachers in the participating 

State, high-need local educational agency, or high-need 

school who are qualified to teach Advanced Placement or 

International Baccalaureate courses, including through innovative models, such as online academies and training institutes; 

(B) pre-Advanced Placement or pre-International Baccalaureate teacher and counselor high-quality professional 

development in secondary school to prepare students for 

success in Advanced Placement or International Baccalaureate courses and in institutions of higher education; 

(C) coordination and articulation between grade levels 

to prepare students to succeed in Advanced Placement or 

International Baccalaureate courses; 

(D) purchase of instructional materials for Advanced 

Placement or International Baccalaureate courses; 

(E) activities to increase the availability of, and participation in, online Advanced Placement or International Baccalaureate courses; 

(F) carrying out the requirements of subsection (g); and 

(G) in the case of an eligible entity described in subsection (b)(1), awarding subgrants to high-need local educational agencies to enable the high-need local educational 

agencies to carry out authorized activities described in subparagraphs (A) through (F). 

(f) CONTRACTS.—An eligible entity that is awarded a grant to 

provide online Advanced Placement or International Baccalaureate 

courses under this subpart may enter into a contract with an organization to provide the online Advanced Placement or International 

Baccalaureate courses, including contracting for necessary support 

services. 

(g) COLLECTING AND REPORTING REQUIREMENTS.— 

(1) REPORT.—Each eligible entity receiving a grant under 

this section shall collect and report to the Secretary annually 

such data regarding the results of the grant as the Secretary 

may reasonably require, including— 

(A) the number of students served by the eligible entity 

enrolling in Advanced Placement or International Baccalaureate courses, and pre-Advanced Placement or pre-International Baccalaureate courses, disaggregated by grade 

level of the student, and the grades received by such students in the courses; 

(B) the number of students taking an Advanced Placement or International Baccalaureate examination and the 

distribution of scores on those examinations, disaggregated 

by the grade level of the student at the time of examination; 

(C) the number of teachers who are currently, as of the 

date of the report, receiving training to teach Advanced 

Placement or International Baccalaureate courses and will 

teach such courses in the next school year; 

(D) the number of teachers becoming qualified to teach 

Advanced Placement or International Baccalaureate 

courses; and 

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(E) the number of qualified teachers who are teaching 

Advanced Placement or International Baccalaureate 

courses in high-need schools served by the eligible entity. 

(2) REPORTING OF DATA.—Each eligible entity receiving a 

grant under this section shall report the data required under 

paragraph (1)— 

(A) disaggregated by subject area; 

(B) in the case of student data, disaggregated in the 

same manner as information is disaggregated under section 

1111(a)(2)(B)(x); and 

(C) in a manner that allows for an assessment of the 

effectiveness of the grant program. 

(h) EVALUATION.—From the amount appropriated for this subpart and reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant 

program office at the Department, evaluate the implementation and 

impact of the activities supported under this section, consistent with 

section 9601, including progress as measured by the performance 

measures established under subparagraphs (A) through (E) of subsection (g)(1). 

(i) MATCHING REQUIREMENT.— 

(1) IN GENERAL.—Subject to paragraph (3), each eligible entity that receives a grant under this section shall provide toward the cost of the activities assisted under the grant, from 

non-Federal sources, an amount equal to 100 percent of the 

amount of the grant, except that an eligible entity that is a 

high-need local educational agency shall provide an amount 

equal to not more than 50 percent of the amount of the grant. 

(2) MATCHING FUNDS.—The eligible entity may provide the 

matching funds described in paragraph (1) in cash or in-kind, 

fairly evaluated, but may not provide more than 50 percent of 

the matching funds in-kind. The eligible entity may provide the 

matching funds from State, local, or private sources. 

(3) WAIVER.—The Secretary may waive all or part of the 

matching requirement described in paragraph (1) for any fiscal 

year for an eligible entity described in paragraph (1) or (2) of 

subsection (b), if the Secretary determines that applying the 

matching requirement to such eligible entity would result in serious hardship or an inability to carry out the authorized activities described in subsection (e). 

SEC. 1225. SUPPLEMENT, NOT SUPPLANT. 

Grant funds provided under this subpart shall supplement, and 

not supplant, other non-Federal funds that are available to assist 

low-income students to pay for the cost of Advanced Placement or 

International Baccalaureate examination fees or to expand access to 

Advanced Placement or International Baccalaureate courses, and 

pre-Advanced Placement or pre-International Baccalaureate courses. 

SEC. 1226. DEFINITIONS. 

In this subpart: 

(1) HIGH-NEED SCHOOL.—The term ‘‘high-need school’’ 

means a secondary school— 

(A) with a demonstrated need for Advanced Placement 

or International Baccalaureate courses; and 

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(B) that— 

(i) has a high concentration of low-income students; or 

(ii) is designated with a school locale code of 33, 

41, 42, or 43, as determined by the Secretary. 

(2) LOW-INCOME STUDENT.—The term ‘‘low-income student’’ 

means a student who is eligible for free or reduced-price lunch 

under the Richard B. Russell National School Lunch Act (42 

U.S.C. 1751 et seq.). 

PART C—EDUCATION OF MIGRATORY 

CHILDREN 

øSEC. 1301. PROGRAM PURPOSE. 

øIt is the purpose of this part to assist States to— 

ø(1) support high-quality and comprehensive educational 

programs for migratory children to help reduce the educational 

disruptions and other problems that result from repeated 

moves; 

ø(2) ensure that migratory children who move among the 

States are not penalized in any manner by disparities among 

the States in curriculum, graduation requirements, and State 

academic content and student academic achievement standards; 

ø(3) ensure that migratory children are provided with appropriate educational services (including supportive services) 

that address their special needs in a coordinated and efficient 

manner; 

ø(4) ensure that migratory children receive full and appropriate opportunities to meet the same challenging State academic content and student academic achievement standards 

that all children are expected to meet; 

ø(5) design programs to help migratory children overcome 

educational disruption, cultural and language barriers, social 

isolation, various health-related problems, and other factors 

that inhibit the ability of such children to do well in school, 

and to prepare such children to make a successful transition 

to postsecondary education or employment; and 

ø(6) ensure that migratory children benefit from State and 

local systemic reforms.¿ 

SEC. 1301. PROGRAM PURPOSE. 

It is the purpose of this part to assist States in providing highquality and comprehensive educational programs (including, as appropriate, instructional and educationally related support services), 

during the regular school year and summer or intersession periods, 

that address the unique educational needs of migratory children 

arising from their migratory lifestyle, in order to help such children— 

(1) succeed in school; 

(2) meet the same State college and career ready academic 

content and student academic achievement standards under 

section 1111(a)(1) that all children are expected to meet; 

(3) graduate high school ready for postsecondary education 

and careers; and 

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(4) overcome educational disruption, cultural and language 

barriers, social isolation, various health-related problems, and 

other factors that inhibit the ability of such children to succeed 

in school. 

SEC. 1302. PROGRAM AUTHORIZED. 

øIn order to carry out the purpose of this part¿From the 

amounts made available under section 3(d) for a fiscal year to carry 

out this part, the Secretary shall make grants to State educational 

agencies, or øcombinations¿consortia of such agencies, øto establish¿to enable such agencies or consortia to establish or improve, directly or through local operating agencies, programs of education 

for migratory children in accordance with this part. 

SEC. 1303. STATE ALLOCATIONS. 

ø(a) STATE ALLOCATIONS.— 

ø(1) FISCAL YEAR 2002.—For fiscal year 2002, each State 

(other than the Commonwealth of Puerto Rico) is entitled to receive under this part an amount equal to— 

ø(A) the sum of the estimated number of migratory 

children aged 3 through 21 who reside in the State full 

time and the full-time equivalent of the estimated number 

of migratory children aged 3 through 21 who reside in the 

State part time, as determined in accordance with subsection (e); multiplied by 

ø(B) 40 percent of the average per-pupil expenditure 

in the State, except that the amount determined under 

this paragraph shall not be less than 32 percent, nor more 

than 48 percent, of the average per-pupil expenditure in 

the United States. 

ø(2) SUBSEQUENT YEARS.— 

ø(A) BASE AMOUNT.— 

ø(i) IN GENERAL.—Except as provided in subsection (b) and clause (ii), each State (other than the 

Commonwealth of Puerto Rico) is entitled to receive 

under this part, for fiscal year 2003 and succeeding 

fiscal years, an amount equal to— 

ø(I) the amount that such State received 

under this part for fiscal year 2002; plus 

ø(II) the amount allocated to the State under 

subparagraph (B). 

ø(ii) NONPARTICIPATING STATES.—In the case of a 

State (other than the Commonwealth of Puerto Rico) 

that did not receive any funds for fiscal year 2002 

under this part, the State shall receive, for fiscal year 

2003 and succeeding fiscal years, an amount equal 

to— 

ø(I) the amount that such State would have 

received under this part for fiscal year 2002 if its 

application under section 1304 for the year had 

been approved; plus 

ø(II) the amount allocated to the State under 

subparagraph (B). 

ø(B) ALLOCATION OF ADDITIONAL AMOUNT.—For fiscal 

year 2003 and succeeding fiscal years, the amount (if any) 

by which the funds appropriated to carry out this part for 

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the year exceed such funds for fiscal year 2002 shall be allocated to a State (other than the Commonwealth of Puerto 

Rico) so that the State receives an amount equal to— 

ø(i) the sum of— 

ø(I) the number of identified eligible migratory children, aged 3 through 21, residing in the 

State during the previous year; and 

ø(II) the number of identified eligible migratory children, aged 3 through 21, who received 

services under this part in summer or intersession 

programs provided by the State during such year; 

multiplied by 

ø(ii) 40 percent of the average per-pupil expenditure in the State, except that the amount determined 

under this clause may not be less than 32 percent, or 

more than 48 percent, of the average per-pupil expenditure in the United States.¿ 

(a) STATE ALLOCATIONS.—Except as provided in subsection (b), 

the amount awarded to each State (other than the Commonwealth 

of Puerto Rico) under this part for each fiscal year shall be an 

amount equal to the product of— 

(1) the sum of— 

(A) the average number of identified eligible migratory 

children aged 3 through 21, residing in the State, based on 

data for the preceding 3 years; and 

(B) the number of identified eligible migratory children, aged 3 through 21, who received services under this 

part in summer or intersession programs provided by the 

State during the previous year; multiplied by 

(2) 40 percent of the average per-pupil expenditure in the 

State, except that the amount calculated under this paragraph 

shall not be less than 32 percent, or more than 48 percent, of 

the average per-pupil expenditure in the United States. 

(b) HOLD HARMLESS.—Notwithstanding subsection (a), for each 

of fiscal years 2011 through 2013, no State receiving an allocation 

under this section shall receive less than 90 percent of the State’s 

allocation under this section for the previous year. 

ø(b)¿(c) ALLOCATION TO øPUERTO RICO.— 

ø(1) IN GENERAL.—For each¿PUERTO RICO.—For each fiscal 

year, the grant øwhich¿that the Commonwealth of Puerto Rico 

shall be eligible to receive under this part shall be the amount 

determined by multiplying the number of children who would 

be counted under øsubsection (a)(1)(A)¿subsection (g) if such 

subsection applied to the Commonwealth of Puerto Rico by the 

product of— 

ø(A)¿ 

(1) the percentage øwhich¿that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest 

average per-pupil expenditure of any of the 50 States, except 

that the percentage calculated under this paragraph shall not 

be less than 85 percent; and 

ø(B)¿ 

(2) 32 percent of the average per-pupil expenditure in the 

United States. 

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ø(2) MINIMUM PERCENTAGE.—The percentage in paragraph 

(1)(A) shall not be less than— 

ø(A) for fiscal year 2002, 77.5 percent; 

ø(B) for fiscal year 2003, 80.0 percent; 

ø(C) for fiscal year 2004, 82.5 percent; and 

ø(D) for fiscal year 2005 and succeeding fiscal years, 

85.0 percent. 

ø(3) LIMITATION.—If the application of paragraph (2) for 

any fiscal year would result in any of the 50 States or the District of Columbia receiving less under this part than it received 

under this part for the preceding fiscal year, then the percentage described in paragraph (1)(A) that is used for the Commonwealth of Puerto Rico for the fiscal year for which the determination is made shall be the greater of the percentage in 

paragraph (1)(A) for such fiscal year or the percentage used for 

the preceding fiscal year.¿ 

ø(c)¿(d) RATABLE REDUCTIONS; REALLOCATIONS.— 

(1) øIN GENERAL.—(A) If, after the Secretary reserves 

funds under section 1308(c), the amount appropriated to carry 

out this part¿IN GENERAL.— 

(A) RATABLE REDUCTIONS.—If the amount available for 

allocations to States under this part for any fiscal year is 

insufficient to pay in full the amounts for which all States 

are eligible, the Secretary shall ratably reduce each such 

amount. 

(B) øIf additional¿REALLOCATION.—If additional funds 

become available for making such payments for any fiscal 

year, the Secretary shall allocate such funds to States in 

amounts that the Secretary determines will best carry out 

the purpose of this part. 

(2) øSPECIAL RULE.—(A) The¿SPECIAL RULE.— (A) FURTHER REDUCTIONS.—The Secretary shall further reduce the amount of any grant to a State under this 

part for any fiscal year if the Secretary determines, based 

on available information on the numbers and needs of migratory children in the State and the program proposed by 

the State to address such needs, that such amount exceeds 

the amount ørequired under section 1304¿needed to carry 

out the approved activities in the application under section 

1304. 

(B) øThe Secretary shall¿REALLOCATION.—The Secretary shall reallocate such excess funds to other States 

whose grants under this part would otherwise be insufficient to provide an appropriate level of services to migratory children, in such amounts as the Secretary determines are appropriate. 

(C) ADDITIONAL REQUIREMENTS.—The Secretary— 

(i) shall— 

(I) develop and implement a procedure for 

monitoring the accuracy of the information described in subparagraph (A); and 

(II) issue, through regulations or guidance, 

criteria for a system of State quality control for the 

accuracy of State counts of eligible migratory children; and 

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(ii) may not reduce the amount of a State allocation under this paragraph on the basis of unintentional 

errors in such counts for States implementing a system 

of State quality control that meets the criteria described in clause (i)(II), if the discrepancy between the 

initial State count and any subsequent revisions is 

minimal. 

ø(d)¿(e) CONSORTIUM ARRANGEMENTS.— 

(1) IN GENERAL.—* * * 

* * * * * * * 

ø(e)¿(f) DETERMINING NUMBERS OF ELIGIBLE CHILDREN.—In 

order to best serve migratory children under this part and determine the estimated number of migratory children residing in each 

State for purposes of this section, the Secretary shall— 

(1) use øsuch information as the Secretary finds¿the most 

recent information that most accurately reflects the actual 

number of migratory children; 

(2) develop and implement a procedure for monitoring the 

accuracy of such information, if such a procedure does not create barriers to the families of migratory children who are eligible for services under this part; 

ø(2)¿(3) ødevelop and implement a procedure for more accurately reflecting¿update such procedure, and implement the 

updated procedure, to more accurately reflect the cost factors for 

different types of summer and intersession program designs; 

ø(3)¿(4) adjust the full-time equivalent number of migratory children who reside in each State to take into account— 

(A) the special needs of those children participating in 

special programs of high-quality, sustained, and intensive 

education services provided under this part that operate 

during the summer and intersession periods; and 

(B) the additional costs of operating such programs; 

and 

ø(4)¿(5) conduct an analysis of the options for adjusting 

the formula so as to better direct services to øthe child whose 

education has been interrupted¿migratory children. 

(g) NONPARTICIPATING STATES.—In the case of a State desiring 

to receive an allocation under this part for a fiscal year that did not 

receive an allocation for the previous fiscal year or that has been 

participating for less than 3 consecutive years, the Secretary shall 

calculate the State’s number of identified migratory children aged 

3 through 21 for purposes of subsection (a)(1)(A) by using the most 

recent data available that identifies the migratory children residing 

in the State until data is available to calculate the 3-year average 

number of such children in accordance with such subsection. 

SEC. 1304. STATE APPLICATIONS; SERVICES. 

(a) APPLICATION REQUIRED.—* * * 

(b) PROGRAM INFORMATION.—Each such application shall include— 

(1) a description of how, in planning, implementing, and 

evaluating programs and projects assisted under this part, the 

State and its local operating agencies will ensure that the 

øspecial¿unique educational needs of migratory children, inmstockstill on DSK4VPTVN1PROD with HEARINGS

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cluding preschool migratory children and out of school migratory children, are identified and addressed through— 

(A) * * * 

(B) joint planning among local, State, and Federal 

educational programs serving ømigrant¿migratory children, including language instruction educational programs 

under øpart A or B of title III¿part A of title III; 

* * * * * * * 

(2) a description of the steps the State is taking to provide 

all ømigratory students¿migratory children with the opportunity to meet the øsame challenging State academic content 

standards and challenging State student academic achievement standards that¿same State college and career ready academic content and student academic achievement standards 

adopted under section 1111(a)(1) that all children are expected 

to meet; 

(3) a description of how the State will meet the requirements of section 1308(b) for the timely electronic transfer of student records and how the State will use such records transfer 

to meet the unique educational needs of migratory students and 

remove barriers to the proper enrollment and retention of migratory children in schools; 

ø(3)¿(4) a description of how the State will use funds received under this part to promote interstate and intrastate coordination of services for migratory children, including how, 

consistent with procedures the Secretary may ørequire, the 

State¿require and using the linkage system described in section 

1308(b), the State and each of its local operating agencies will 

provide for educational continuity through the timely transfer 

of pertinent school records, including information on health, 

when children move from one school to øanother¿another or 

from one school district to another, whether or not øsuch 

move¿such a move occurs during the regular school year; 

ø(4)¿(5) * * * 

ø(5)¿(6) * * * 

ø(6) such budgetary and other information as the Secretary may require; and¿ 

(7) a description of how the State will encourage programs 

and projects assisted under this part to offer øfamily literacy 

services¿family literacy activities if the øprogram or project 

serves¿programs and projects serve a substantial number of 

migratory children øwho have parents who¿whose parents do 

not have a high school diploma or its recognized equivalent or 

who have low levels of literacyø.¿; and 

(8) such budgetary and other information as the Secretary 

may require. 

(c) ASSURANCES.—* * * 

(1) * * * 

* * * * * * * 

(2) such programs and projects will be carried out in a 

manner consistent with the objectives of section 1114, subsections (b) and (d) of section 1115, subsections (b) and (c) of 

section 1120A, and øpart I¿part F; 

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ø(3) in the planning and operation of programs and 

projects at both the State and local agency operating level, 

there is consultation with parent advisory councils for programs of 1 school year in duration, and that all such programs 

and projects are carried out— 

ø(A) in a manner that provides for the same parental 

involvement as is required for programs and projects 

under section 1118, unless extraordinary circumstances 

make such provision impractical; and 

ø(B) in a format and language understandable to the 

parents;¿ 

(3) in the planning and operation of programs and projects 

at both the State and local agency operating levels, there is consultation with parent advisory councils for programs of not less 

than 1 school year in duration, and that all such programs and 

projects are— 

(A) conducted in a manner that provides for the same 

parental involvement as is required for programs and 

projects under section 1118, including, to the extent practicable, descriptions required for parental involvement 

under section 1118(a)(3)(A), unless extraordinary circumstances make such provision impractical; and 

(B) developed in a format and language understandable to the parents; 

(4) in planning and carrying out such programs and 

projects, there has been, and will be, adequate provision for addressing the unmet education needs of preschool migratory 

children and migratory children who are not attending school; 

* * * * * * * 

(6) * * * 

(A) * * * 

* * * * * * * 

ø(C) family literacy programs, including such programs that use models developed under Even Start;¿ 

(C) family literacy programs that are determined to be 

high quality; 

* * * * * * * 

ø(7) the State will assist the Secretary in determining the 

number of migratory children under paragraphs (1)(A) and 

(2)(B)(i) of section 1303(a), through such procedures as the Secretary may require.¿ 

(7) the State has procedures in place to verify the accuracy 

and completeness of any data regarding the counting of migratory children that is submitted to the Secretary under this part. 

(d) PRIORITY FOR SERVICES.—In providing services with funds 

received under this part, each recipient of such funds shall give priority to migratory children øwho are failing, or most at risk of failing, to meet the State’s challenging State academic content standards and challenging State student academic achievement standards, and whose education has been interrupted during the regular 

school year.¿who have made a move within the previous 1-year period and who— 

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(1) are failing, or most at risk of failing, to meet the State 

college and career ready academic content standards and student academic achievement standards adopted under section 

1111(a)(1); or 

(2) have dropped out of school. 

(e) CONTINUATION OF SERVICES.—* * * 

(1) * * * 

(2) a child who is no longer a migratory child may continue 

to receive services for ø1¿one additional school year, but only 

if comparable services are not available through other programs; and 

(3) øsecondary school students¿students who were eligible 

for services in secondary school may continue to be served 

through credit accrual programs until graduation. 

SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW. 

(a) * * * 

(b) PEER REVIEW.—The Secretary ømay¿shall, to the extent 

practicable, review any such application with the assistance and 

advice of State officials and other individuals with relevant expertise. 

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

(a) COMPREHENSIVE PLAN.— 

(1) IN GENERAL.—Each State that receives assistance 

under this part shall ensure that the State and its local operating agencies identify and address the øspecial¿unique educational needs of migratory children, consistent with the purposes of this part, in accordance with a comprehensive State 

plan that— 

(A) is integrated with other programs under this Act 

or other Acts, as appropriate; 

(B) addresses the unique educational needs of migratory children; 

(C) is developed in collaboration with parents of migratory children; 

(D) is not used to supplant State efforts regarding, or 

administrative funding for, this part; 

ø(B) may be submitted as a part of a consolidated application under section 9302, if— 

ø(i) the special needs of migratory children are 

specifically addressed in the comprehensive State 

plan; 

ø(ii) the comprehensive State plan is developed in 

collaboration with parents of migratory children; and 

ø(iii) the comprehensive State plan is not used to 

supplant State efforts regarding, or administrative 

funding for, this part;¿ 

ø(C)¿(E) provides that migratory children will have an 

opportunity to meet the øsame challenging State academic 

content standards and challenging State student academic 

achievement standards that¿same State college and career 

ready academic content and student academic achievement 

standards adopted under section 1111(a)(1) that all children are expected to meet; 

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ø(D)¿(F) * * * 

ø(E)¿(G) * * * 

ø(F)¿(H) is the product of joint planning among such 

local, State, and Federal programs, including programs 

under part A, øearly childhood programs,¿early childhood 

education programs, and language instruction educational 

programs under øpart A or B of title III¿part A of title III; 

and 

ø(G)¿(I) * * * 

* * * * * * * 

(b) AUTHORIZED ACTIVITIES.— 

(1) FLEXIBILITY.—In implementing the comprehensive plan 

described in subsection (a), each State educational agency, 

where applicable through its ølocal educational¿local operating 

agencies, shall have the flexibility to determine the activities 

to be provided with funds made available under this part, except that such funds first shall be used to meet the identified 

needs of migratory children that result from their migratory 

lifestyle, and to permit these children to participate effectively 

in school. 

ø(2) UNADDRESSED NEEDS.—Funds provided under this 

part shall be used to address the needs of migratory children 

that are not addressed by services available from other Federal 

or non-Federal programs, except that migratory children who 

are eligible to receive services under part A may receive those 

services through funds provided under that part, or through 

funds under this part that remain after the agency addresses 

the needs described in paragraph (1).¿ 

(2) UNMET NEEDS.—Funds provided under this part shall 

be used to meet the needs of migratory children that are not met 

by services available from other Federal or non-Federal programs, except that migratory children who are eligible to receive 

services under part A may receive those services through funds 

provided under that part or through funds under this part that 

remain after the agency meets the needs described in paragraph 

(1). 

* * * * * * * 

(4) SPECIAL RULE.—Notwithstanding section 1114, a school 

that receives funds under this part shall continue to address 

the identified needs described in paragraph (1), and shall meet 

the øspecial educational¿unique educational needs of migratory 

children before using funds under this part for schoolwide programs under section 1114. 

SEC. 1307. BYPASS. 

The Secretary may use all or part of any State’s allocation 

under this part to ømake arrangements with¿award grants to, or 

enter into contracts with, any public or private nonprofit agency to 

carry out the purpose of this part in such State if the Secretary determines that— 

(1) * * * 

* * * * * * * 

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SEC. 1308. øCOORDINATION OF MIGRANT EDUCATION ACTIVITIES.¿NATIONAL ACTIVITIES. 

(a) IMPROVEMENT OF COORDINATION.— 

(1) IN GENERAL.—The Secretary, in consultation with the 

States, may make grants to, or enter into contracts with, State 

educational agencies, local educational agencies, institutions of 

higher education, and other public and private ønonprofit entities to improve¿entities to— 

(A) improve the interstate and intrastate coordination 

among such agencies’ educational programs, including 

through the establishment or improvement of programs for 

credit accrual and exchange, available to migratory 

studentsø.¿; and 

(B) improve the coordination between State educational 

agencies, local operating agencies, and their counterparts in 

other nations in educating migratory children who move 

between the United States and such nations. 

(2) DURATION.—Grants or contracts under this subsection 

may be awarded for not more than 5 years. 

(b) STUDENT RECORDS.— 

ø(1) ASSISTANCE.—The Secretary shall assist States in developing effective methods for the electronic transfer of student 

records and in determining the number of migratory children 

in each State.¿ 

(1) ASSISTANCE.—In order to determine the number of migratory children in each State, the Secretary shall assist each 

State in maintaining an effective system for the electronic transfer of student records. 

(2) INFORMATION SYSTEM.— 

(A) IN GENERAL.—øThe Secretary, in consultation with 

the States, shall ensure the linkage of migrant student 

record systems for the purpose of electronically exchanging, among the States, health and educational information 

regarding all migratory students. The Secretary shall ensure such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed 

after, the date of enactment of the No Child Left Behind 

Act of 2001, and shall determine the minimum data elements that each State receiving funds under this part 

shall collect and maintain. Such elements may include— 

¿The Secretary, in consultation with the States, shall continue to ensure the linkage of migratory child record systems for the purpose of electronically exchanging, within 

and among the States, health and educational information 

regarding all migratory children eligible under this part. 

The Secretary shall ensure such linkage occurs in a cost-effective manner, utilizing systems used by the State prior to, 

or developed after, the date of enactment of the Strengthening America’s Schools Act of 2013. The Secretary shall 

determine the minimum data elements that each State receiving funds under this part shall collect, maintain, and 

exchange, and the requirements of the linkage system that 

States shall meet for the timely submission of access to 

such information. Such minimum data elements may include— 

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(i) * * * 

(ii) elementary and secondary academic history 

(including partial credit), credit accrual, and results 

from State assessments required under øsection 

1111(b)¿section 1111(a)(2); 

(iii) * * * 

* * * * * * * 

ø(B) NOTICE AND COMMENT.—After consulting with the 

States under subparagraph (A), the Secretary shall publish 

a notice in the Federal Register seeking public comment on 

the proposed data elements that each State receiving 

funds under this part shall be required to collect for purposes of electronic transfer of migratory student information and the requirements that States shall meet for immediate electronic access to such information. Such publication shall occur not later than 120 days after the date 

of enactment of the No Child Left Behind Act of 2001.¿ 

(B) CONSULTATION.—The Secretary shall maintain ongoing consultation with the States, local educational agencies, and other migratory student service providers on— 

(i) the effectiveness of the system of electronic 

records transfer described in subparagraph (A); and 

(ii) the ongoing improvement of such system. 

* * * * * * * 

(4) REPORT TO CONGRESS.— (A) IN GENERAL.—Not later than April 30, 

ø2003¿2014, and every 2 years thereafter, the Secretary 

shall report to øthe Committee on Health, Education, 

Labor, and Pensions of the Senate and the Committee on 

Education and the Workforce of the House of Representatives¿the authorizing committees the Secretary’s findings 

and recommendations regarding the maintenance and 

transfer of health and educational information for migratory students by the States. 

(B) REQUIRED CONTENTS.—The Secretary shall include 

in such report— 

(i) a review of the progress of States in developing 

and linking electronic records transfer systems; 

(ii) recommendations for øthe development and 

linkage of¿maintaining such systems; and 

(iii) recommendations for ømeasures that may be 

taken to ensure¿improving the continuity of services 

provided for migratory students. 

(c) TECHNICAL ASSISTANCE.—The Secretary may provide technical assistance designed to support State efforts to meet the needs 

of migratory children, which may include supporting the attendance 

of State and local operating agency staff, and other appropriate individuals, at special meetings convened by the Secretary in order to 

carry out activities consistent with this section. 

(d) INCENTIVE GRANTS.—From the amounts made available to 

carry out this section for any fiscal year, the Secretary may reserve 

not more than $3,000,000 to award grants of not more than 

$250,000 on a competitive basis to State educational agencies that 

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propriate entity that the Secretary determinesø, pursuant to criteria that the Secretary shall establish,¿ will improve the delivery 

of services to migratory children øwhose education is interrupted¿described in section 1304(d). ø(e) DATA COLLECTION.—The Secretary shall direct the National Center for Education Statistics to collect data on migratory 

children.¿ 

(e) IMPROVEMENTS AND COORDINATION.—From any funds made 

available under this section and remaining after carrying out the 

requirements under subsections (b) and (d), the Secretary, in consultation with the States, may make grants to, or enter into contracts with, State educational agencies, local educational agencies, 

institutions of higher education, and other public and private nonprofit entities to improve the interstate and intrastate coordination 

among such agencies’ and entities’ programs available to migratory 

students consistent with this section, including the establishment or 

improvement of programs for academic credit accrual and exchange. 

ø(c)¿(f) AVAILABILITY OF FUNDS.—For the purpose of carrying 

out this section in any fiscal year, the Secretary shall reserve not 

more than $10,000,000 of the amount appropriated to carry out 

this part for such year. 

SEC. 1309. PERFORMANCE DATA. 

Consistent with section 1111(d)(3)(B), and in a manner prescribed by the Secretary, each State that receives a grant under this 

part shall annually submit to the Secretary, and make public, data 

on— 

(1) the academic achievement of migratory students, as 

measured by the State assessments required under section 

1111(a)(2); 

(2) such students’ high school graduation rates and rates of 

enrollment and persistence in, and completion of a program of 

study at, institutions of higher education; and 

(3) the results of such other performance measures and targets as the Secretary may prescribe. 

SEC. 1310. EVALUATION AND STUDY. 

(a) PROGRAM EVALUATION.—From the amount reserved for evaluation activities in accordance with section 9601(a), the Secretary, 

acting through the Director of the Institute of Education Sciences, 

shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities 

supported under this part, consistent with section 9601. 

(b) STUDY.—The Secretary shall conduct a pilot study, funded 

as part of the 2014 National Assessment of Educational Progress, 

on the feasibility of using the National Assessment of Educational 

Progress for assessing and reporting on the academic achievement 

of migratory children in grades 4 and 8 in reading and mathematics. 

SEC. 1311. STATE ASSISTANCE IN DETERMINING NUMBER OF MIGRATORY CHILDREN. 

Each State that desires to receive assistance under this part 

shall assist the Secretary in determining the number of migratory 

children in such State under paragraphs (1) and (2) of subsection 

(a), and subsection (g), of section 1303 through such procedures as 

the Secretary may require, except that the Secretary shall not remstockstill on DSK4VPTVN1PROD with HEARINGS

338 

quire additional information that is not directly related to determining the migratory status of the child or the administration of 

this part. 

øSEC. 1309¿SEC. 1312. DEFINITIONS. 

As used in this part: 

(1) FOOD PROCESSOR.—The term ‘‘food processor’’ means a 

position working with a raw agricultural, dairy, or fishing 

product and transforming the product into a more refined product up to the point of an initial commercial sale. 

(2) INITIAL COMMERCIAL SALE.—The term ‘‘initial commercial sale’’ means the first point of sale of an agricultural, dairy, 

or fishing product— 

(A) for refining to the next-stage processor; 

(B) to the wholesaler; 

(C) to the retailer; or 

(D) directly to the consumer. 

ø(1)¿(3) LOCAL OPERATING AGENCY.—The term ‘‘local operating agency’’ means— 

(A) a local educational agency to which a State educational agency makes a subgrant under this part; 

(B) a public or nonprofit private agency with which a 

State educational agency or the Secretary makes an arrangement to carry out a project under this part; or 

(C) a State educational agency, if the State educational agency operates the State’s migrant education 

program or projects directly. 

(4) MIGRATORY AGRICULTURAL WORKER.—The term ‘‘migratory agricultural worker’’ means an individual who— 

(A) made a qualifying move in the preceding 36-month 

period; and 

(B) after making such move, sought or engaged in employment in agricultural work, which may be dairy work or 

the initial processing of raw agricultural products. 

øø(2)¿(5) MIGRATORY CHILD.—The term ‘‘migratory child’’ 

means a child who is, or whose parent or spouse is, a migratory agricultural worker, including a migratory dairy worker, 

or a migratory fisher, and who, in the preceding 36 months, in 

order to obtain, or accompany such parent or spouse, in order 

to obtain, temporary or seasonal employment in agricultural or 

fishing work— 

ø(A) has moved from one school district to another; 

ø(B) in a State that is comprised of a single school district, has moved from one administrative area to another 

within such district; or 

ø(C) resides in a school district of more than 15,000 

square miles, and migrates a distance of 20 miles or more 

to a temporary residence to engage in a fishing activity.¿ 

(5) MIGRATORY CHILD.—The term ‘‘migratory child’’ means 

a child who— 

(A) is, or whose parent or spouse is, a migratory agricultural worker or migratory fisher who is currently engaged in, or seeking to obtain, temporary or seasonal employment, usually for not longer than 15 months, in agricultural or fishing work until the point of the initial commstockstill on DSK4VPTVN1PROD with HEARINGS

339 

mercial sale (including employment as a migratory dairy 

worker, a food processor, or a migratory fisher); and 

(B) in the preceding 36 months— 

(i) has moved from 1 school district to another; 

(ii) in a State that is comprised of a single school 

district, has moved from 1 administrative area to another within such district; or 

(iii) resides in a school district of more than 15,000 

square miles, and migrates a distance of 20 miles or 

more to a temporary residence to engage in, or to accompany a parent or spouse engaging in, a fishing activity. 

(6) MIGRATORY FISHER.—The term ‘‘migratory fisher’’ 

means an individual who made a qualifying move in the preceding 36 months and, after doing so, sought or engaged in employment in fishing work. 

(7) QUALIFYING MOVE.—The term ‘‘qualifying move’’— 

(A) means— 

(i) a move from 1 school district to another, or 

from 1 administrative area to another within a State 

that is comprised of a single school district; and 

(ii) in the case of a migratory fisher who resides in 

a school district of more than 15,000 square miles, includes migrating a distance of 20 miles or more to a 

temporary residence; and 

(B) with respect to a qualifying move for a parent or 

spouse of a migratory child, means a move described in 

subparagraph (A) that is separated by not more than 1 year 

from the move or migration described in paragraph (5)(B) 

of the migratory child. 

PART D—PREVENTION AND INTERVENTION 

PROGRAMS FOR CHILDREN AND YOUTH 

WHO ARE NEGLECTED, DELINQUENT, OR ATRISK 

SEC. 1401. PURPOSE AND PROGRAM AUTHORIZATION. 

(a) PURPOSE.—It is the purpose of this part— 

(1) to improve educational services for children and youth 

in local and State institutions for neglected or delinquent children and youth so that such children and youth have the opportunity to meet the same øchallenging State academic content standards and challenging State student academic 

achievement standards¿college and career ready academic content standards and student academic achievement standards 

under section 1111(a)(1) that all children in the State are expected to meet; 

(2) * * * 

(3) øto prevent at-risk youth from dropping out of school, 

and¿ to provide dropouts, and children and youth returning 

from correctional facilities or institutions for neglected or delinquent children and youth, with a support system to ensure 

their continued education. 

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340 

(b) PROGRAM AUTHORIZED.—In order to carry out the purpose 

of this part and from amounts appropriated under section 

ø1002(d)¿3(e), the Secretary shall make grants to State educational 

agencies to enable such agencies to award subgrants to State agencies and local educational agencies to establish or improve programs of education for neglected, delinquent, or at-risk children 

and youth. 

SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART. 

(a) AGENCY SUBGRANTS.—* * * 

* * * * * * * 

(c) RESERVATION FOR THE SECRETARY OF THE INTERIOR.—From 

the amount appropriated for this part in any fiscal year, the Secretary shall reserve 0.5 percent to provide assistance to the Secretary 

of the Interior to provide educational services for at-risk Indian children, including Indian youth in correctional facilities operated by 

the Secretary of the Interior or by an Indian tribe. 

* * * * * * * 

SEC. 1412. ALLOCATION OF FUNDS. 

(a) SUBGRANTS TO STATE AGENCIES.— 

(1) IN GENERAL.—* * * 

(A) * * * 

* * * * * * * 

(b) SUBGRANTS TO STATE AGENCIES IN PUERTO RICO.— 

(1) IN GENERAL.—* * * 

* * * * * * * 

ø(2) MINIMUM PERCENTAGE.—The percentage in paragraph 

(1)(A) shall not be less than— 

ø(A) for fiscal year 2002, 77.5 percent; 

ø(B) for fiscal year 2003, 80.0 percent; 

ø(C) for fiscal year 2004, 82.5 percent; and 

ø(D) for fiscal year 2005 and succeeding fiscal years, 

85.0 percent.¿ 

(2) MINIMUM PERCENTAGE.—The percentage in paragraph 

(1)(A) shall not be less than 85 percent. 

* * * * * * * 

SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS. 

(a) STATE PLAN.— 

(1) IN GENERAL.—* * * 

(A) * * * 

(B) for assisting in the transition of children and youth 

øfrom¿between correctional facilities øto¿and locally operated programs; and 

(C) * * * 

(2) CONTENTS.—Each such State plan shall— 

(A) describe the program goals, objectives, and performance measures established by the State that will be 

used to assess the effectiveness of the program in improving the øacademic, vocational, and technical skills¿college 

and career readiness (as determined based on the State college and career ready academic content and student acamstockstill on DSK4VPTVN1PROD with HEARINGS

341 

demic achievement standards under section 1111(a)(1)) of 

children in the program; 

(B) provide that, to the extent feasible, such children 

will have the same opportunities to achieve as such children would have if such children were in the schools of 

local educational agencies in the State; øand¿ 

(C) contain an assurance that the State educational 

agency will— 

(i) * * * 

* * * * * * * 

(iv) provide such other information as the Secretary may reasonably requireø.¿; and 

(D) provide assurances that the State educational agency has established— 

(i) procedures to ensure that each student who has 

been placed in the juvenile justice system is promptly 

re-enrolled in secondary school or placed in a re-entry 

program that best meets the educational and social 

needs of the student; 

(ii) procedures for facilitating the transfer of credits that such students earned during placement; and 

(iii) opportunities for such students to participate 

in higher education or career pathways. 

(3) DURATION OF THE PLAN.—Each such State plan shall— 

(A) * * * 

* * * * * * * 

(c) STATE AGENCY APPLICATIONS.—* * * 

(1) describes the procedures to be used, consistent with the 

State plan under section 1111, to assess and respond to the 

educational needs of the children to be served under this subpart, including an assessment upon entry into a correctional facility; 

* * * * * * * 

(8) describes how the programs will be coordinated with 

other appropriate State and Federal programs, such as programs under title I of Public Law 105–220, øvocational¿career 

and technical education programs, State and local dropout prevention programs, and special education programs; 

(9) describes how the State agency will øencourage¿require, to the extent practicable, correctional facilities receiving funds under this subpart to coordinate with local educational agencies or alternative education programs attended 

by incarcerated children and youth prior to and after their incarceration to ensure that student assessments and appropriate academic records are shared jointly between the correctional facility and the local educational agency or alternative 

education program and that transition plans are in place; 

* * * * * * * 

(11) designates an individual in each affected correctional 

facility or institution for neglected or delinquent children and 

youth to be responsible for issues relating to the transition of 

such children and youth øfrom¿between such facility or øinstimstockstill on DSK4VPTVN1PROD with HEARINGS

342 

tution to locally operated¿institution and locally operated education programs; 

* * * * * * * 

(16) provides an assurance that the State agency will work 

with children and youth who dropped out of school before entering the correctional facility or institution for neglected or delinquent children and youth to encourage the children and 

youth to reenter school and obtain a secondary school diploma 

once the term of the incarceration is completed or provide the 

child or youth with the skills necessary to gain employment 

that leads to economic self-sufficiency, continue the education of 

the child or youth, or achieve a secondary school diploma or its 

recognized equivalent if the child or youth does not intend to 

return to school; 

(17) provides an assurance that certified or licensed teachers and other qualified staff are trained to work with children 

and youth with disabilities and other students with special 

needs taking into consideration the unique needs of such students; 

* * * * * * * 

SEC. 1415. USE OF FUNDS. 

(a) USES.— 

(1) IN GENERAL.—* * * 

(A) * * * 

(B) concentrate on providing participants with the 

knowledge and skills needed to make a successful transition to secondary school completion, øvocational¿career or 

technical training, further education, or employment. 

(2) PROGRAMS AND PROJECTS.—Such programs and 

projects— 

(A) * * * 

(B) shall be designed to support educational services 

that— 

(i) except for institution-wide projects under section 1416, are provided to children and youth identified by the State agency as failing, or most at-risk of 

failing, to meet the State’s øchallenging academic content standards and student academic achievement 

standards¿college and career ready academic content 

standards and student academic achievement standards under section 1111(a)(1); 

(ii) * * * 

(iii) afford such children and youth an opportunity 

to meet øchallenging¿such State academic achievement standards; 

(C) shall be carried out in a manner consistent with 

section 1120A and øpart I¿part F (as applied to programs 

and projects under this part); øand¿ 

(D) may include the costs of meeting the evaluation requirements of section 9601ø.¿; and 

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343 

(E) may include the costs of testing for such children 

and youth for a recognized equivalent of a secondary school 

diploma. 

* * * * * * * 

SEC. 1416. INSTITUTION-WIDE PROJECTS. 

* * * 

(1) * * * 

* * * * * * * 

(3) describes the steps the State agency has taken, or will 

take, to provide all children and youth under age 21 with the 

opportunity to meet øchallenging State academic content 

standards and student academic achievement standards¿college and career ready academic content standards and 

student academic achievement standards under section 

1111(a)(1) in order to improve the likelihood that the children 

and youth will complete secondary school, attain a secondary 

diploma or its recognized equivalent, or find employment after 

leaving the institution; 

(4) describes the instructional program, øpupil services¿specialized instructional support services, and procedures 

that will be used to meet the needs described in paragraph (1), 

including, to the extent feasible, the provision of mentors for 

the children and youth described in paragraph (1) and the development and implementation of transition plans; 

* * * * * * * 

(6) describes the measures and procedures that will be 

used to assess and improve student progress; 

* * * * * * * 

SEC. 1418. TRANSITION SERVICES. 

(a) TRANSITION SERVICES.—Each State agency shall reserve not 

less than 15 percent and not more than 30 percent of the amount 

such agency receives under this subpart for any fiscal year to support— 

ø(1) projects that facilitate the transition of children and 

youth from State-operated institutions to schools served by 

local educational agencies; or¿ 

(1) projects that facilitate the transition of children and 

youth between State-operated institutions, or institutions in the 

State operated by the Secretary of the Interior or Indian tribes, 

and schools served by local educational agencies or schools 

funded by the Bureau of Indian Education; or 

(2) the successful reentry of youth offenders, who are age 

20 or younger and have received a secondary school diploma or 

its recognized equivalent, into postsecondary education, or øvocational¿career and technical training programs, through strategies designed to expose the youth to, and prepare the youth 

for, postsecondary education, or øvocational¿career and technical training programs, such as— 

(A) preplacement programs that allow adjudicated or 

incarcerated youth to audit or attend courses on college, 

university, or community college campuses, or through 

programs provided in institutional settings; 

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344 

(B) worksite schools, in which institutions of higher 

education and private or public employers partner to create programs to help students make a successful transition 

to postsecondary education and employment; and 

(C) essential support services to ensure the success of 

the youth, such as— 

(i) personal, øvocational¿career and technical, and 

academic, counseling; 

* * * * * * * 

øSEC. 1419. EVALUATION; TECHNICAL ASSISTANCE; ANNUAL MODEL 

PROGRAM. 

øThe Secretary may reserve not more than 2.5 percent of the 

amount made available to carry out this subpart for a fiscal year— 

ø(1) to develop a uniform model to evaluate the effectiveness of programs assisted under this subpart; and 

ø(2) to provide technical assistance to and support the capacity building of State agency programs assisted under this 

subpart.¿ 

SEC. 1419. PROGRAM EVALUATION. 

From the amount reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director 

of the Institute for Education Sciences, shall, in consultation with 

the relevant program office of the Department, evaluate the implementation and impact of the activities supported under this part, 

consistent with section 9601. 

* * * * * * * 

SEC. 1421. PURPOSE. 

The purpose of this subpart is to support the operation of local 

educational agency programs that involve collaboration with locally 

operated correctional facilities, including correctional facilities in 

the State operated by the Secretary of the Interior and Indian 

tribes— 

(1) to carry out high quality education programs to prepare 

children and youth for secondary school completionø, training, 

employment, or further education¿ and college and career readiness (as determined based on the State college and career 

ready academic content and student academic achievement 

standards under section 1111(a)(1)); 

* * * * * * * 

(3) to operate programs in local schools, including schools 

funded by the Bureau of Indian Education, for children and 

youth returning from correctional facilities, and programs 

which may serve at-risk children and youth. 

* * * * * * * 

SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES. 

(a) LOCAL SUBGRANTS.—With funds made available under section 1402(b), the State educational agency shall award subgrants 

to local educational agencies with high numbers or percentages of 

children and youth residing in locally operated (including county 

operated) correctional facilities for children and youth (including facilities involved in community day programs), and including facilimstockstill on DSK4VPTVN1PROD with HEARINGS

345 

ties in the State operated by the Secretary of the Interior and Indian 

tribes. 

* * * * * * * 

(d) TRANSITIONAL AND ACADEMIC SERVICES.—Transitional and 

supportive programs operated in local educational agencies under 

this subpart shall be designed primarily to ømeet the transitional¿meet the transitional needs (including the social and emotional needs) and academic needs of students returning to local 

educational agencies, schools funded by the Bureau of Indian Education, or alternative education programs from correctional facilities. Services to students at-risk of dropping out of school shall not 

have a negative impact on ømeeting the transitional¿meeting such 

transitional and academic needs of the students returning from correctional facilities. 

* * * * * * * 

SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 

* * * 

(1) * * * 

(2) a description of formal agreements, regarding the program to be assisted, between— 

(A) the local educational agency or, as appropriate, an 

Indian tribe in the State; and 

(B) correctional facilities and alternative school programs serving children and youth involved with the juvenile justice system, including such facilities operated by the 

Secretary of the Interior and Indian tribes; 

(3) * * * 

(4) a description of the process of consultation and coordination with Indian tribes in the State regarding services provided under the program to children and youth who are Indian; 

ø(4)¿(5) * * * 

ø(5)¿(6) * * * 

ø(6)¿(7) as appropriate, a description of how schools will 

coordinate with existing social, health, and other services to 

meet the needs of students returning from correctional 

facilitiesø, at-risk children or youth, and other participating 

children or youth,¿ and at-risk children or youth, including 

prenatal health care and nutrition services related to the 

health of the parent and the child or youth, parenting and 

child development classes, child care, targeted reentry and outreach programs, referrals to community resources, and scheduling flexibility; 

ø(7)¿(8) * * * 

ø(8)¿(9) as appropriate, a description of how the program 

will involve parents and family members in efforts to improve 

the educational achievement of their children, assist in dropout 

prevention activities, and prevent the involvement of their children in delinquent activities; 

ø(9)¿(10) a description of how the program under this subpart will be coordinated with other Federal, State, and local 

programs, such as programs under title I of Public Law 105– 

220 and øvocational¿career and technical education programs 

serving at-risk children and youth; 

ø(10)¿(11) * * * 

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346 

ø(11)¿(12) * * * 

ø(12)¿(13) a description of the efforts participating schools 

will make to ensure correctional facilities working with children and youth are aware of a child’s or youth’s existing individualized education program; øand¿ 

ø(13)¿(14) as appropriate, a description of the steps participating schools will take to find alternative placements for children and youth interested in continuing their education but 

unable to participate in a regular public school programø.¿; 

and 

(15) a description of the demographics of the children and 

youth served and an assurance that the activities under this 

subpart meet the cultural, language, and academic needs of 

such children and youth. 

* * * * * * * 

SEC. 1424. USES OF FUNDS. 

* * * 

(1) * * * 

(2) dropout prevention programs which serve at-risk children and youthø, including pregnant and parenting teens, children and youth who have come in contact with the juvenile 

justice system, children and youth at least 1 year behind their 

expected grade level, migrant youth, immigrant youth, students with limited English proficiency, and gang members¿; 

* * * * * * * 

(4) special programs to meet the unique academic needs of 

participating children and youth, including øvocational and 

technical education¿career and technical education, costs associated with testing for a recognized equivalent of a secondary 

school diploma, special education, career counseling, curriculum-based youth entrepreneurship education, and assistance in securing student loans or grants for postsecondary education; øand¿ 

(5) programs providing mentoring and peer mediationø.¿; 

and 

(6) programs for at-risk Indian children and youth, including such children and youth in correctional facilities in the area 

served by the local educational agency that are operated by the 

Secretary of the Interior or Indian tribes. 

* * * * * * * 

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

* * * 

(1) * * * 

* * * * * * * 

(9) coordinate funds received under this subpart with other 

local, State, and Federal funds available to provide services to 

participating children and youth, such as funds made available 

under title I of Public Law 105–220, and øvocational¿career 

and technical education funds; 

(10) coordinate programs operated under this subpart with 

activities funded under the Juvenile Justice and Delinquency 

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347 

Prevention Act of 1974 and other comparable programs, if applicable; øand¿ 

(11) if appropriate, work with local businesses to develop 

training, curriculum-based youth entrepreneurship education, 

and mentoring programs for children and youthø.¿; 

(12) develop an initial educational services and transition 

plan for each child or youth served under this subpart upon 

entry into the correctional facility, in partnership with the 

child’s or youth’s family members and the local educational 

agency that most recently provided services to the child or youth 

(if applicable), consistent with section 1414(a)(1); and 

(13) consult with the local educational agency for a period 

jointly determined necessary by the correctional facility and 

local educational agency upon discharge from that facility, to 

coordinate educational services so as to minimize disruption to 

the child’s or youth’s achievement. 

* * * * * * * 

øSEC. 1426. ACCOUNTABILITY. 

øThe State educational agency may— 

ø(1) reduce or terminate funding for projects under this 

subpart if a local educational agency does not show progress in 

reducing dropout rates for male students and for female students over a 3-year period; and 

ø(2) require correctional facilities or institutions for neglected or delinquent children and youth to demonstrate, after 

receiving assistance under this subpart for 3 years, that there 

has been an increase in the number of children and youth returning to school, obtaining a secondary school diploma or its 

recognized equivalent, or obtaining employment after such children and youth are released.¿ 

SEC. 1426. ACCOUNTABILITY. 

The State educational agency— 

(1) shall require correctional facilities or institutions for delinquent children and youth to annually report on the number 

of children and youth released from the correctional facility or 

institution who returned or did not return to school, the number 

of children and youth obtaining a secondary school diploma or 

its recognized equivalent, and the number of children and youth 

obtaining employment; and 

(2) may require correctional facilities or institutions for delinquent children and youth to demonstrate, after receiving assistance under this subpart for 3 years, that there has been an 

increase in the number of children and youth returning to 

school, obtaining a secondary school diploma or its recognized 

equivalent, or obtaining employment after such children and 

youth are released. 

* * * * * * * 

Subpart 3—General Provisions 

SEC. 1431. PROGRAM EVALUATIONS. 

(a) SCOPE OF EVALUATION.—Each øState agency or local educational agency¿State agency, local educational agency, or Indian 

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348 

tribe that conducts a program under subpart 1 or 2 shall evaluate 

the program, disaggregating data on participation by gender, race, 

ethnicity, and age, not less than once every 3 years, to determine 

the program’s impact on the ability of participants— 

(1) to maintain and improve educational achievement, including the ability to become college and career ready, as determined under the State academic content and student academic 

achievement standards under section 1111(a)(1), and to graduate high school in the standard number of years; 

(2) * * * 

(3) to make the transition to a regular program or other 

education program operated by a local educational agency or 

school funded by the Bureau of Indian Education; 

* * * * * * * 

(b) EXCEPTION.—* * * 

(c) EVALUATION MEASURES.—In conducting each evaluation 

under subsection (a), øa State agency or local educational agency¿a 

State agency, local educational agency, or Indian tribe shall use 

multiple and appropriate measures of student progress. 

ø(d) EVALUATION RESULTS.—Each State agency and local educational agency shall— 

ø(1) submit evaluation results to the State educational 

agency and the Secretary; and 

ø(2) use the results of evaluations under this section to 

plan and improve subsequent programs for participating children and youth.¿ 

(d) EVALUATION RESULTS.— 

(1) IN GENERAL.—Each State agency, local educational 

agency, and Indian tribe shall— 

(A) submit evaluation results to the State educational 

agency and the Secretary; and 

(B) use the results of evaluations under this section to 

plan and improve subsequent programs for participating 

children and youth. 

(2) RESULTS TO THE SECRETARY OF THE INTERIOR.—Each 

Indian tribe shall also submit evaluation results to the Secretary of the Interior. 

* * * * * * * 

SEC. 1432. DEFINITIONS. 

In this part: 

(1) ADULT CORRECTIONAL INSTITUTION.—* * * 

ø(2) AT-RISK.—The term ‘‘at-risk’’, when used with respect 

to a child, youth, or student, means a school aged individual 

who is at-risk of academic failure, has a drug or alcohol problem, is pregnant or is a parent, has come into contact with the 

juvenile justice system in the past, is at least 1 year behind the 

expected grade level for the age of the individual, has limited 

English proficiency, is a gang member, has dropped out of 

school in the past, or has a high absenteeism rate at school.¿ 

(2) AT-RISK.—The term ‘‘at-risk’’, when used with respect to 

a child, youth, or student, means a school-aged individual 

who— 

(A) is at risk of academic failure; and 

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349 

(B) has a drug or alcohol problem, is pregnant or is a 

parent, has come into contact with the juvenile justice system or has been determined to be neglected in the past, is 

a gang member, or has dropped out of school in the past. 

* * * * * * * 

øPART E—NATIONAL ASSESSMENT OF TITLE I¿ 

øSEC. 1501. EVALUATIONS. 

ø(a) NATIONAL ASSESSMENT OF TITLE I.— 

ø(1) IN GENERAL.—The Secretary shall conduct a national 

assessment of the programs assisted under this title and the 

impact of this title on States, local educational agencies, 

schools, and students. 

ø(2) ISSUES TO BE EXAMINED.—In conducting the assessment under this subsection, the Secretary shall examine, at a 

minimum, the following: 

ø(A) The implementation of programs assisted under 

this title and the impact of such implementation on increasing student academic achievement (particularly in 

schools with high concentrations of children living in poverty), relative to the goal of all students reaching the proficient level of achievement based on State academic assessments, challenging State academic content standards, 

and challenging State student academic achievement 

standards under section 1111. 

ø(B) The types of programs and services that have 

demonstrated the greatest likelihood of helping students 

reach the proficient and advanced levels of achievement 

based on State student academic achievement standards 

and State academic content standards. 

ø(C) The implementation of State academic standards, 

assessments, and accountability systems developed under 

this title, including— 

ø(i) the time and cost required for the development of academic assessments for students in grades 

3 through 8; 

ø(ii) how well such State assessments meet the requirements for assessments described in this title; and 

ø(iii) the impact of such standards, assessments, 

and accountability systems on educational programs 

and instruction at the local level. 

ø(D) Each State’s definition of adequate yearly 

progress, including— 

ø(i) the impact of applying this definition to 

schools, local educational agencies, and the State; 

ø(ii) the number of schools and local educational 

agencies not meeting this definition; and 

ø(iii) the changes in the identification of schools in 

need of improvement as a result of such definition. 

ø(E) How schools, local educational agencies, and 

States have— 

ø(i) publicized and disseminated the local educational agency report cards required under section 

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1111(h)(2) to teachers, school staff, students, parents, 

and the community; 

ø(ii) used funds made available under this title to 

provide preschool and family literacy services and the 

impact of these services on students’ school readiness; 

ø(iii) implemented the provisions of section 1118 

and afforded parents meaningful opportunities to be 

involved in the education of their children; 

ø(iv) used Federal, State, and local educational 

agency funds and resources to support schools and 

provide technical assistance to improve the achievement of students in low-performing schools, including 

the impact of the technical assistance on such achievement; and 

ø(v) used State educational agency and local educational agency funds and resources to help schools in 

which 50 percent or more of the students are from 

families with incomes below the poverty line meet the 

requirement described in section 1119 of having all 

teachers highly qualified not later than the end of the 

2005–2006 school year. 

ø(F) The implementation of schoolwide programs and 

targeted assistance programs under this title and the impact of such programs on improving student academic 

achievement, including the extent to which schools meet 

the requirements of such programs. 

ø(G) The extent to which varying models of comprehensive school reform are funded and implemented 

under this title, and the effect of the implementation of 

such models on improving achievement of disadvantaged 

students. 

ø(H) The costs as compared to the benefits of the activities assisted under this title. 

ø(I) The extent to which actions authorized under section 1116 are implemented by State educational agencies 

and local educational agencies to improve the academic 

achievement of students in low-performing schools, and 

the effectiveness of the implementation of such actions, including the following: 

ø(i) The number of schools identified for school improvement and how many years the schools remain in 

this status. 

ø(ii) The types of support provided by the State 

educational agencies and local educational agencies to 

schools and local educational agencies respectively 

identified as in need of improvement, and the impact 

of such support on student achievement. 

ø(iii) The number of parents who take advantage 

of the public school choice provisions of this title, the 

costs (including transportation costs) associated with 

implementing these provisions, the implementation of 

these provisions, and the impact of these provisions 

(including the impact of attending another school) on 

student achievement. 

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ø(iv) The number of parents who choose to take 

advantage of the supplemental educational services 

option, the criteria used by the States to determine 

the quality of providers, the kinds of services that are 

available and utilized, the costs associated with implementing this option, and the impact of receiving supplemental educational services on student achievement. 

ø(v) The implementation and impact of actions 

that are taken with regard to schools and local educational agencies identified for corrective action and 

restructuring. 

ø(J) The extent to which State and local fiscal accounting requirements under this title affect the flexibility of 

schoolwide programs. 

ø(K) The implementation and impact of the professional development activities assisted under this title and 

title II on instruction, student academic achievement, and 

teacher qualifications. 

ø(L) The extent to which the assistance made available under this title, including funds under section 1002, 

is targeted to disadvantaged students, schools, and local 

educational agencies with the greatest need. 

ø(M) The effectiveness of Federal administration assistance made available under this title, including monitoring and technical assistance. 

ø(N) The academic achievement of the groups of students described in section 1111(b)(2)(C)(v)(II). 

ø(O) Such other issues as the Secretary considers appropriate. 

ø(3) SOURCES OF INFORMATION.—In conducting the assessment under this subsection, the Secretary shall use information from a variety of sources, including the National Assessment of Educational Progress (carried out under section 303 of 

the National Assessment of Educational Progress Authorization Act), State evaluations, and other research studies. 

ø(4) COORDINATION.—In carrying out this subsection, the 

Secretary shall— 

ø(A) coordinate the national assessment under this 

subsection with the longitudinal study described in subsection (c); and 

ø(B) ensure that the independent review panel described in subsection (d) participates in conducting the national assessment under this subsection, including planning for and reviewing the assessment. 

ø(5) DEVELOPMENTALLY APPROPRIATE MEASURES.—In conducting the national assessment under this subsection, the 

Secretary shall use developmentally appropriate measures to 

assess student academic achievement. 

ø(6) REPORTS.— ø(A) INTERIM REPORT.—Not later than 3 years after 

the date of enactment of the No Child Left Behind Act of 

2001, the Secretary shall transmit to the President, the 

Committee on Education and the Workforce of the House 

of Representatives, and the Committee on Health, Edumstockstill on DSK4VPTVN1PROD with HEARINGS

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cation, Labor, and Pensions of the Senate an interim report on the national assessment conducted under this subsection. 

ø(B) FINAL REPORT.—Not later than 5 years after the 

date of enactment of the No Child Left Behind Act of 2001, 

the Secretary shall transmit to the President, the Committee on Education and the Workforce of the House of 

Representatives, and the Committee on Health, Education, 

Labor, and Pensions of the Senate a final report on the national assessment conducted under this subsection. 

ø(b) STUDIES AND DATA COLLECTION.— ø(1) IN GENERAL.—In addition to other activities described 

in this section, the Secretary may, directly or through awarding grants to or entering into contracts with appropriate entities— 

ø(A) assess the implementation and effectiveness of 

programs under this title; 

ø(B) collect the data necessary to comply with the Government Performance and Results Act of 1993; and 

ø(C) provide guidance and technical assistance to 

State educational agencies and local educational agencies 

in developing and maintaining management information 

systems through which such agencies may develop program performance indicators to improve services and performance. 

ø(2) MINIMUM INFORMATION.—In carrying out this subsection, the Secretary shall collect, at a minimum, trend information on the effect of each program authorized under this 

title, which shall complement the data collected and reported 

under subsections (a) and (c). 

ø(c) NATIONAL LONGITUDINAL STUDY.— ø(1) IN GENERAL.—The Secretary shall conduct a longitudinal study of schools receiving assistance under part A. 

ø(2) ISSUES TO BE EXAMINED.—In carrying out this subsection, the Secretary shall ensure that the study referred to 

in paragraph (1) provides Congress and educators with each of 

the following: 

ø(A) An accurate description and analysis of the shortand long-term effect of the assistance made available 

under this title on academic achievement. 

ø(B) Information that can be used to improve the effectiveness of the assistance made available under this 

title in enabling students to meet challenging academic 

achievement standards. 

ø(C) An analysis of educational practices or model programs that are effective in improving the achievement of 

disadvantaged children. 

ø(D) An analysis of the costs as compared to the benefits of the assistance made available under this title in improving the achievement of disadvantaged children. 

ø(E) An analysis of the effects of the availability of 

school choice options under section 1116 on the academic 

achievement of disadvantaged students, on schools in 

school improvement, and on schools from which students 

have transferred under such options. 

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ø(F) Such other information as the Secretary considers 

appropriate. 

ø(3) SCOPE.—In conducting the study referred to in paragraph (1), the Secretary shall ensure that the study— 

ø(A) bases its analysis on a nationally representative 

sample of schools participating in programs under this 

title; 

ø(B) to the extent practicable, includes in its analysis 

students who transfer to different schools during the 

course of the study; and 

ø(C) analyzes varying models or strategies for delivering school services, including— 

ø(i) schoolwide and targeted services; and 

ø(ii) comprehensive school reform models. 

ø(d) INDEPENDENT REVIEW PANEL.— 

ø(1) IN GENERAL.—The Secretary shall establish an independent review panel (in this subsection referred to as the ‘‘Review Panel’’) to advise the Secretary on methodological and 

other issues that arise in carrying out subsections (a) and (c). 

ø(2) APPOINTMENT OF MEMBERS.— 

ø(A) IN GENERAL.—Subject to subparagraph (B), the 

Secretary shall appoint members of the Review Panel from 

among qualified individuals who are— 

ø(i) specialists in statistics, evaluation, research, 

and assessment; 

ø(ii) education practitioners, including teachers, 

principals, and local and State superintendents; 

ø(iii) parents and members of local school boards 

or other organizations involved with the implementation and operation of programs under this title; and 

ø(iv) other individuals with technical expertise 

who will contribute to the overall rigor and quality of 

the program evaluation. 

ø(B) LIMITATIONS.—In appointing members of the Review Panel, the Secretary shall ensure that— 

ø(i) in order to ensure diversity, the Review Panel 

includes individuals appointed under subparagraph 

(A)(i) who represent disciplines or programs outside 

the field of education; and 

ø(ii) the total number of the individuals appointed 

under subparagraph (A)(ii) or (A)(iv) does not exceed 

one-fourth of the total number of the individuals appointed under this paragraph. 

ø(3) FUNCTIONS.—The Review Panel shall consult with and 

advise the Secretary— 

ø(A) to ensure that the assessment conducted under 

subsection (a) and the study conducted under subsection 

(c)— 

ø(i) adhere to the highest possible standards of 

quality with respect to research design, statistical 

analysis, and the dissemination of findings; and 

ø(ii) use valid and reliable measures to document 

program implementation and impacts; and 

ø(B) to ensure— 

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ø(i) that the final report described in subsection 

(a)(6)(B) is reviewed not later than 120 days after its 

completion by not less than two independent experts 

in program evaluation (who may be from among the 

members of the Review Panel appointed under paragraph (2)); 

ø(ii) that such experts evaluate and comment on 

the degree to which the report complies with subsection (a); and 

ø(iii) that the comments of such experts are transmitted with the report under subsection (a)(6)(B). 

øSEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES. 

ø(a) IN GENERAL.—From the funds appropriated for any fiscal 

year under section 1002(e)(1), the Secretary may award grants to 

State educational agencies, local educational agencies, other public 

agencies, nonprofit organizations, public or private partnerships involving business and industry organizations, and consortia of such 

entities to carry out demonstration projects that show the most 

promise of enabling children served under this title to meet challenging State academic content standards and challenging State 

student academic achievement standards. 

ø(b) EVALUATION.—The Secretary shall evaluate the demonstration projects supported under this title, using rigorous methodological designs and techniques, including control groups and 

random assignment, to the extent feasible, to produce reliable evidence of effectiveness. 

ø(c) PARTNERSHIPS.—From funds appropriated under section 

1002(e)(1) for any fiscal year, the Secretary may, directly or 

through grants or contracts, work in partnership with State educational agencies, local educational agencies, other public agencies, 

and nonprofit organizations to disseminate and use the highest 

quality research and knowledge about effective practices to improve 

the quality of teaching and learning in schools assisted under this 

title. 

øSEC. 1503. ASSESSMENT EVALUATION. 

ø(a) IN GENERAL.—The Secretary shall conduct an independent 

study of assessments used for State accountability purposes and for 

making decisions about the promotion and graduation of students. 

Such research shall be conducted over a period not to exceed 5 

years and shall address the components described in subsection (d). 

ø(b) CONTRACT AUTHORIZED.—The Secretary is authorized to 

award a contract, through a peer review process, to an organization 

or entity capable of conducting rigorous, independent research. The 

Assistant Secretary of Educational Research and Improvement 

shall appoint peer reviewers to evaluate the applications for this 

contract. 

ø(c) STUDY.—The study shall— 

ø(1) synthesize and analyze existing research that meets 

standards of quality and scientific rigor; and 

ø(2) evaluate academic assessment and accountability systems in State educational agencies, local educational agencies, 

and schools; and 

ø(3) make recommendations to the Department and to the 

Committee on Education and the Workforce of the United 

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States House of Representatives and the Committee on Health, 

Education, Labor, and Pensions of the United States Senate, 

based on the findings of the study. 

ø(d) COMPONENTS OF THE RESEARCH PROGRAM.—The study described in subsection (a) shall examine— 

ø(1) the effect of the assessment and accountability systems described in section (c) on students, teachers, parents, 

families, schools, school districts, and States, including correlations between such systems and— 

ø(A) student academic achievement, progress to the 

State-defined level of proficiency, and progress toward closing achievement gaps, based on independent measures; 

ø(B) changes in course offerings, teaching practices, 

course content, and instructional material; 

ø(C) changes in turnover rates among teachers, principals, and pupil-services personnel; 

ø(D) changes in dropout, grade-retention, and graduation rates for students; and 

ø(E) such other effects as may be appropriate; 

ø(2) the effect of the academic assessments on students 

with disabilities; 

ø(3) the effect of the academic assessments on low, middle, 

and high socioeconomic status students, limited and nonlimited 

English proficient students, racial and ethnic minority students, and nonracial or nonethnic minority students; 

ø(4) guidelines for assessing the validity, reliability, and 

consistency of those systems using nationally recognized professional and technical standards; 

ø(5) the relationship between accountability systems and 

the inclusion or exclusion of students from the assessment system; and 

ø(6) such other factors as the Secretary finds appropriate. 

ø(e) REPORTING.—Not later than 3 years after the contract described in subsection (b) is awarded, the organization or entity conducting the study shall submit an interim report to the Committee 

on Education and the Workforce of the United States House of Representatives and the Committee on Health, Education, Labor and 

Pensions of the United States Senate, and to the President and the 

States, and shall make the report widely available to the public. 

The organization or entity shall submit a final report to the same 

recipients as soon as possible after the completion of the study. Additional reports may be periodically prepared and released as necessary. 

ø(f) RESERVATION OF FUNDS.—The Secretary may reserve up to 

15 percent of the funds authorized to be appropriated for this part 

to carry out the study, except such reservation of funds shall not 

exceed $1,500,000. 

øSEC. 1504. CLOSE UP FELLOWSHIP PROGRAM. 

ø(a) PROGRAM FOR MIDDLE SCHOOL AND SECONDARY SCHOOL

STUDENTS.— 

ø(1) ESTABLISHMENT.— 

ø(A) GENERAL AUTHORITY.—In accordance with this 

subsection, the Secretary may make grants to the Close 

Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting 

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the Close Up Foundation in carrying out its programs of 

increasing civic responsibility and understanding of the 

Federal Government among middle school and secondary 

school students. 

ø(B) USE OF FUNDS.—Grants under this subsection 

shall be used only to provide financial assistance to economically disadvantaged students who participate in the 

programs described in subparagraph (A). 

ø(C) NAME OF FELLOWSHIPS.—Financial assistance received by students pursuant to this subsection shall be 

known as Close Up fellowships. 

ø(2) APPLICATIONS.— 

ø(A) APPLICATION REQUIRED.—No grant under this 

subsection may be made except upon an application at 

such time, in such manner, and accompanied by such information as the Secretary may reasonably require. 

ø(B) CONTENTS OF APPLICATION.—Each application 

submitted under this paragraph shall contain assurances 

that— 

ø(i) Close Up fellowships provided under this subsection shall be made to economically disadvantaged 

middle school and secondary school students; 

ø(ii) every effort shall be made to ensure the participation of students from rural, small town, and 

urban areas; 

ø(iii) in awarding the fellowships to economically 

disadvantaged students, special consideration shall be 

given to the participation of those students with special educational needs, including students with disabilities, ethnic minority students, and students with migrant parents; and 

ø(iv) the funds received under this subsection 

shall be properly disbursed. 

ø(b) PROGRAM FOR MIDDLE SCHOOL AND SECONDARY SCHOOL

TEACHERS.— 

ø(1) ESTABLISHMENT.— ø(A) GENERAL AUTHORITY.—In accordance with this 

subsection, the Secretary may make grants to the Close 

Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting 

the Close Up Foundation in carrying out its programs of 

professional development for middle school and secondary 

school teachers and its programs to increase civic responsibility and understanding of the Federal Government 

among the teachers’ students. 

ø(B) USE OF FUNDS.—Grants under this subsection 

shall be used only to provide financial assistance to teachers who participate in the programs described in subparagraph (A). 

ø(C) NAME OF FELLOWSHIPS.—Financial assistance received by teachers pursuant to this subsection shall be 

known as Close Up fellowships. 

ø(2) APPLICATIONS.— 

ø(A) APPLICATION REQUIRED.—No grant under this 

subsection may be made except upon an application at 

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such time, in such manner, and accompanied by such information as the Secretary may reasonably require. 

ø(B) CONTENTS OF APPLICATION.—Each application 

submitted under this paragraph shall contain assurances 

that— 

ø(i) Close Up fellowships provided under this subsection shall be made only to a teacher who has 

worked with at least one student from such teacher’s 

school who participates in a program described in subsection (a)(1)(A); 

ø(ii) no teacher shall receive more than one such 

fellowship in any fiscal year; and 

ø(iii) the funds received under this subsection 

shall be properly disbursed. 

ø(c) PROGRAMS FOR NEW AMERICANS.— 

ø(1) ESTABLISHMENT.— 

ø(A) GENERAL AUTHORITY.—In accordance with this 

subsection, the Secretary may make grants to the Close 

Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting 

the Close Up Foundation in carrying out its programs of 

increasing civic responsibility and understanding of the 

Federal Government among economically disadvantaged 

middle school and secondary school recent immigrant students. 

ø(B) DEFINITION.—In this subsection, the term ‘‘recent 

immigrant student’’ means a student who is a member of 

a family that immigrated to the United States within 5 

years of the student’s participation in such a program. 

ø(C) USE OF FUNDS.—Grants under this subsection 

shall be used only to provide financial assistance to economically disadvantaged recent immigrant students and 

their teachers who participate in the programs described 

in subparagraph (A). 

ø(D) NAME OF FELLOWSHIPS.—Financial assistance received by students and teachers pursuant to this subsection shall be known as Close Up Fellowships for New 

Americans. 

ø(2) APPLICATIONS.— ø(A) APPLICATION REQUIRED.—No grant under this 

subsection may be made except upon an application at 

such time, in such manner, and accompanied by such information as the Secretary may reasonably require. 

ø(B) CONTENTS OF APPLICATION.—Each application 

submitted under this paragraph shall contain assurances 

that— 

ø(i) Close Up Fellowships for New Americans 

shall be made to economically disadvantaged middle 

school and secondary school recent immigrant students; 

ø(ii) every effort shall be made to ensure the participation of recent immigrant students from rural, 

small town, and urban areas; 

ø(iii) in awarding the fellowships to economically 

disadvantaged recent immigrant students, special conmstockstill on DSK4VPTVN1PROD with HEARINGS

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sideration shall be given to the participation of those 

students with special educational needs, including students with disabilities, students with migrant parents, 

and ethnic minority students; 

ø(iv) fully describe the activities to be carried out 

with the proceeds of the grant made under paragraph 

(1); and 

ø(v) the funds received under this subsection shall 

be properly disbursed. 

ø(d) GENERAL PROVISIONS.— 

ø(1) ADMINISTRATIVE PROVISIONS.— 

ø(A) ACCOUNTABILITY.—In consultation with the Secretary, the Close Up Foundation shall devise and implement procedures to measure the efficacy of the programs 

authorized in subsections (a), (b), and (c) in attaining objectives that include the following: 

ø(i) Providing young people with an increased understanding of the Federal Government. 

ø(ii) Heightening a sense of civic responsibility 

among young people. 

ø(iii) Enhancing the skills of educators in teaching 

young people about civic responsibility, the Federal 

Government, and attaining citizenship competencies. 

ø(B) GENERAL RULE.—Payments under this section 

may be made in installments, in advance, or by way of reimbursement, with necessary adjustments on account of 

underpayments or overpayments. 

ø(C) AUDIT RULE.—The Comptroller General of the 

United States or any of the Comptroller General’s duly authorized representatives shall have access for the purpose 

of audit and examination to any books, documents, papers, 

and records that are pertinent to any grant under this section. 

ø(2) CONTINUATION OF AWARDS.—Notwithstanding any 

other provision of this Act, any person or entity that was 

awarded a grant under part G of title X before the date of enactment of the No Child Left Behind Act of 2001 shall continue 

to receive funds in accordance with the terms of such award 

until the date on which the award period terminates under 

such terms.¿ 

PART E—EDUCATIONAL STABILITY OF 

CHILDREN IN FOSTER CARE 

SEC. 1501. EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE. 

(a) OBLIGATIONS TO COLLABORATE WITH CHILD WELFARE

AGENCIES.— 

(1) IN GENERAL.—Each State educational agency receiving 

assistance under part A shall collaborate with the State agency 

responsible for administering the State plans under parts B 

and E of title IV of the Social Security Act (42 U.S.C. 621 et 

seq., 670 et seq.) to develop and implement a plan to ensure 

that the following occurs, for each child in the State, when the 

child moves to a new school attendance area as a result of being 

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placed in foster care (as described in section 1502(1)), changing 

foster care placements, or leaving foster care: 

(A) ATTENDANCE AT A SCHOOL OF ORIGIN.— (i) IN GENERAL.—The child enrolls or remains in 

the child’s school of origin, unless a determination is 

made that it is in the child’s best interest to attend a 

different school. 

(ii) LIMITATION.—A child who leaves foster care 

shall only be entitled to remain in the child’s school of 

origin for the remainder of the school year. 

(B) IMMEDIATE ENROLLMENT.—When a determination 

is made regarding the school that it is in the best interest 

of a child in foster care to attend, the child shall be immediately enrolled in such school, even if the child is unable 

to produce records normally required for enrollment, such 

as previous academic records, immunization and medical 

records, a birth certificate, guardianship records, proof of 

residency, or other documentation. 

(C) RECORDS TRANSFER.—Any records ordinarily kept 

by a school, including records of immunizations, health 

screenings, and other required health records, academic 

records, birth certificates, evaluations for special services or 

programs, and any individualized education programs (as 

defined in section 602 of the Individuals with Disabilities 

Education Act (20 U.S.C. 1401)), regarding a child in foster 

care shall be— 

(i) maintained so that the records involved are 

available, in a timely fashion, when a child in foster 

care enters a new school; and 

(ii) immediately transferred to the enrolling school, 

even if the child owes fees or fines or was not withdrawn from previous schools in conformance with local 

withdrawal procedures. 

(2) IMPLEMENTATION.—Each State educational agency receiving assistance under part A shall ensure that the plan described in paragraph (1) is implemented by the local educational agencies in the State. 

(b) CREDIT TRANSFER AND DIPLOMAS.—Each State that receives 

assistance under part A shall have policies for ensuring that— 

(1) a child in foster care who is changing schools can transfer school credits and receive partial credits for coursework satisfactorily completed while attending a prior school or educational program; 

(2) a child in foster care is afforded opportunities to recover 

school credits lost due to placement instability while in foster 

care; and 

(3) a child in foster care who has changed secondary 

schools can receive a secondary school diploma either from one 

of the schools in which the child was enrolled or through a 

State-issued secondary school diploma system, consistent with 

State graduation requirements. 

(c) TRANSPORTATION.—Not later than 1 year after the date of 

enactment of the Strengthening America’s Schools Act of 2013, the 

State educational agency shall enter into an agreement with the 

State agency responsible for administering the State plans under 

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parts B and E of title IV of the Social Security Act to ensure that 

children in foster care, and children leaving foster care, who are attending their schools of origin receive transportation to and from 

those schools, in accordance with subsection (a)(1) and with section 

475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)). The 

agreement shall include a description of the following: 

(1) How foster care maintenance payments will be used to 

help fund the transportation of children in foster care to their 

schools of origin. 

(2) How children who leave foster care will receive transportation to maintain their enrollment in their schools of origin 

for the remainder of the academic year, if remaining in their 

schools of origin is in their best interests. 

(d) POINTS OF CONTACT.— 

(1) LOCAL EDUCATIONAL AGENCIES.—A State that receives 

assistance under part A shall ensure that each local educational agency in the State designates an individual employed 

by the agency to serve as a point of contact for the child welfare 

agencies responsible for children in foster care enrolled in the 

local educational agency and to oversee the implementation of 

the local educational agency requirements under this section. A 

local educational agency’s point of contact shall not be the individual designated as its local educational agency liaison under 

section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, unless such individual has the capacity, resources, 

and time to perform both roles. 

(2) STATE EDUCATIONAL AGENCIES.—Each State educational agency receiving assistance under part A shall designate an individual to serve as a point of contact for child welfare agencies and to oversee the implementation of the State 

educational agency requirements under this section. A State 

educational agency’s point of contact shall not be the individual 

designated as the State’s Coordinator for Education of Homeless Children and Youths under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act, unless such individual has 

the capacity, resources, and time to perform both roles. 

SEC. 1502. DEFINITIONS. 

In this part: 

(1) CHILD IN FOSTER CARE.—The term ‘‘child in foster care’’ 

means a child whose care and placement is the responsibility 

of the agency that administers a State plan under part B or E 

of title IV of the Social Security Act (42 U.S.C. 621 et seq., 670 

et seq.), without regard to whether foster care maintenance payments are made under section 472 of the Social Security Act (42 

U.S.C. 672) on behalf of the child. 

(2) SCHOOL ATTENDANCE AREA.—The term ‘‘school attendance area’’ has the meaning given the term in section 

1113(a)(2). 

(3) SCHOOL OF ORIGIN.—The term ‘‘school of origin’’ means, 

with respect to a child in foster care, any of the following: 

(A) The public school in which the child was enrolled 

prior to entry into foster care. 

(B) The public school in which the child is enrolled 

when a change in foster care placement occurs. 

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(C) The public school the child attended when last permanently housed, as such term is used in section 

722(g)(3)(G) of the McKinney-Vento Homeless Assistance 

Act (42 U.S.C. 11432(g)(3)(G)), if such child was eligible for 

assistance under such Act before the child became a child 

in foster care. 

* * * * * * * 

øPART F—COMPREHENSIVE SCHOOL 

REFORM¿ 

øSEC. 1601. PURPOSE. 

øThe purpose of this part is to provide financial incentives for 

schools to develop comprehensive school reforms, based upon scientifically based research and effective practices that include an 

emphasis on basic academics and parental involvement so that all 

children can meet challenging State academic content and academic achievement standards.¿ 

øSEC. 1602. PROGRAM AUTHORIZATION. 

ø(a) PROGRAM AUTHORIZED.— ø(1) IN GENERAL.—The Secretary is authorized to award 

grants to State educational agencies, from allotments under 

paragraph (2), to enable the State educational agencies to 

award subgrants to local educational agencies to carry out the 

purpose described in section 1601. 

ø(2) ALLOTMENTS.— ø(A) RESERVATIONS.—Of the amount appropriated 

under section 1002(f), the Secretary may reserve— 

ø(i) not more than 1 percent for each fiscal year 

to provide assistance to schools supported by the Bureau of Indian Affairs and in the United States Virgin 

Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands according to 

their respective needs for assistance under this part; 

ø(ii) not more than 1 percent for each fiscal year 

to conduct national evaluation activities described in 

section 1607; and 

ø(iii) not more than 3 percent of the amount appropriated in fiscal year 2002 to carry out this part, 

for quality initiatives described in section 1608. 

ø(B) IN GENERAL.—Of the amount appropriated under 

section 1002(f) that remains after making the reservation 

under subparagraph (A) for a fiscal year, the Secretary 

shall allot to each State for the fiscal year an amount that 

bears the same ratio to the remainder for that fiscal year 

as the amount made available under section 1124 to the 

State for the preceding fiscal year bears to the total 

amount made available under section 1124 to all States for 

that year. 

ø(C) REALLOTMENT.—If a State does not apply for 

funds under this section, the Secretary shall reallot such 

funds to other States that do apply in proportion to the 

amount allotted to such other States under subparagraph 

(B).¿ 

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øSEC. 1603. STATE APPLICATIONS. 

ø(a) IN GENERAL.—Each State educational agency that desires 

to receive a grant under this part shall submit an application to 

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

information as the Secretary may reasonably require. 

ø(b) CONTENTS.—Each such application shall describe— 

ø(1) the process and selection criteria by which the State 

educational agency, using expert review, will select local educational agencies to receive subgrants under this part; 

ø(2) how the State educational agency will ensure that 

funds under this part are limited to comprehensive school reform programs that— 

ø(A) include each of the components described in section 1606(a); 

ø(B) have the capacity to improve the academic 

achievement of all students in core academic subjects within participating schools; and 

ø(C) are supported by technical assistance providers 

that have a successful track record, financial stability, and 

the capacity to deliver high quality materials, professional 

development for school personnel, and on-site support during the full implementation period of the reforms; 

ø(3) how the State educational agency will disseminate 

materials and information on comprehensive school reforms 

that are based on scientifically based research and effective 

practices; 

ø(4) how the State educational agency will evaluate annually the implementation of such reforms and measure the extent to which the reforms have resulted in increased student 

academic achievement; and 

ø(5) how the State educational agency will provide technical assistance to the local educational agency or consortia of 

local educational agencies, and to participating schools, in evaluating, developing, and implementing comprehensive school reform.¿ 

øSEC. 1604. STATE USE OF FUNDS. 

ø(a) IN GENERAL.—Except as provided in subsection (e), a State 

educational agency that receives a grant under this part shall use 

the grant funds to award subgrants, on a competitive basis, to local 

educational agencies or consortia of local educational agencies in 

the State that receive funds under part A, to support comprehensive school reforms in schools that are eligible for funds under part 

A. 

ø(b) SUBGRANT REQUIREMENTS.—A subgrant to a local educational agency or consortium shall be— 

ø(1) of sufficient size and scope to support the initial costs 

of comprehensive school reforms selected or designed by each 

school identified in the application of the local educational 

agency or consortium; 

ø(2) in an amount not less than $50,000— 

ø(A) for each participating school; or 

ø(B) for each participating consortium of small schools 

(which for purposes of this subparagraph means a consortium of small schools serving a total of not more than 500 

students); and 

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ø(3) renewable for two additional 1-year subgrant periods 

after the initial 1-year subgrant is made if the school is or the 

schools are making substantial progress in the implementation 

of reforms. 

ø(c) PRIORITY.—A State educational agency, in awarding subgrants under this part, shall give priority to local educational agencies or consortia that— 

ø(1) plan to use the funds in schools identified as being in 

need of improvement or corrective action under section 1116(c); 

and 

ø(2) demonstrate a commitment to assist schools with 

budget allocation, professional development, and other strategies necessary to ensure the comprehensive school reforms are 

properly implemented and are sustained in the future. 

ø(d) GRANT CONSIDERATION.—In awarding subgrants under 

this part, the State educational agency shall take into consideration the equitable distribution of subgrants to different geographic 

regions within the State, including urban and rural areas, and to 

schools serving elementary and secondary students. 

ø(e) ADMINISTRATIVE COSTS.—A State educational agency that 

receives a grant under this part may reserve not more than 5 percent of the grant funds for administrative, evaluation, and technical assistance expenses. 

ø(f) SUPPLEMENT.—Funds made available under this part shall 

be used to supplement, and not supplant, any other Federal, State, 

or local funds that would otherwise be available to carry out the 

activities assisted under this part. 

ø(g) REPORTING.—Each State educational agency that receives 

a grant under this part shall provide to the Secretary such information as the Secretary may require, including the names of local 

educational agencies and schools receiving assistance under this 

part, the amount of the assistance, a description of the comprehensive school reforms selected and used, and a copy of the State’s annual evaluation of the implementation of comprehensive school reforms supported under this part and the student achievement results.¿ 

øSEC. 1605. LOCAL APPLICATIONS. 

ø(a) IN GENERAL.—Each local educational agency or consortium of local educational agencies desiring a subgrant under this 

part shall submit an application to the State educational agency at 

such time, in such manner, and containing such information as the 

State educational agency may reasonably require. 

ø(b) CONTENTS.—Each such application shall— 

ø(1) identify the schools that are eligible for assistance 

under part A and plan to implement a comprehensive school 

reform program, including the projected costs of such a program; 

ø(2) describe the comprehensive school reforms based on 

scientifically based research and effective practices that such 

schools will implement; 

ø(3) describe how the local educational agency or consortium will provide technical assistance and support for the effective implementation of the comprehensive school reforms based 

on scientifically based research and effective practices selected 

by such schools; and 

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ø(4) describe how the local educational agency or consortium will evaluate the implementation of such comprehensive 

school reforms and measure the results achieved in improving 

student academic achievement.¿ 

øSEC. 1606. LOCAL USE OF FUNDS

ø(a) USES OF FUNDS.—A local educational agency or consortium that receives a subgrant under this part shall provide the 

subgrant funds to schools that are eligible for assistance under part 

A and served by the agency, to enable the schools to implement a 

comprehensive school reform program that— 

ø(1) employs proven strategies and proven methods for 

student learning, teaching, and school management that are 

based on scientifically based research and effective practices 

and have been replicated successfully in schools; 

ø(2) integrates a comprehensive design for effective school 

functioning, including instruction, assessment, classroom management, professional development, parental involvement, and 

school management, that aligns the school’s curriculum, technology, and professional development into a comprehensive 

school reform plan for schoolwide change designed to enable all 

students to meet challenging State content and student academic achievement standards and addresses needs identified 

through a school needs assessment; 

ø(3) provides high quality and continuous teacher and staff 

professional development; 

ø(4) includes measurable goals for student academic 

achievement and benchmarks for meeting such goals; 

ø(5) is supported by teachers, principals, administrators, 

school personnel staff, and other professional staff; 

ø(6) provides support for teachers, principals, administrators, and other school staff; 

ø(7) provides for the meaningful involvement of parents 

and the local community in planning, implementing, and evaluating school improvement activities consistent with section 

1118; 

ø(8) uses high quality external technical support and assistance from an entity that has experience and expertise in 

schoolwide reform and improvement, which may include an institution of higher education; 

ø(9) includes a plan for the annual evaluation of the implementation of school reforms and the student results achieved; 

ø(10) identifies other resources, including Federal, State, 

local, and private resources, that shall be used to coordinate 

services that will support and sustain the comprehensive 

school reform effort; and 

ø(11)(A) has been found, through scientifically based research to significantly improve the academic achievement of 

students participating in such program as compared to students in schools who have not participated in such program; or 

ø(B) has been found to have strong evidence that such program will significantly improve the academic achievement of 

participating children. 

ø(b) SPECIAL RULE.—A school that receives funds to develop a 

comprehensive school reform program shall not be limited to using 

nationally available approaches, but may develop the school’s own 

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comprehensive school reform program for schoolwide change as described in subsection (a).¿ 

øSEC. 1607. EVALUATION AND REPORTS. 

ø(a) IN GENERAL.—The Secretary shall develop a plan for a national evaluation of the programs assisted under this part. 

ø(b) EVALUATION.—The national evaluation shall— 

ø(1) evaluate the implementation and results achieved by 

schools after 3 years of implementing comprehensive school reforms; and 

ø(2) assess the effectiveness of comprehensive school reforms in schools with diverse characteristics. 

ø(c) REPORTS.—The Secretary shall submit a report describing 

the results of the evaluation under subsection (b) for the Comprehensive School Reform Program to the Committee on Education 

and the Workforce, and the Committee on Appropriations of the 

House of Representatives, and the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations 

of the Senate.¿ 

øSEC. 1608. QUALITY INITIATIVES. 

øThe Secretary, through grants or contracts, shall provide 

funds for— 

ø(1) a public-private effort, in which funds are matched by 

private organizations, to assist States, local educational agencies, and schools, in making informed decisions regarding approving or selecting providers of comprehensive school reform, 

consistent with the requirements described in section 1606(a); 

and 

ø(2) activities to foster the development of comprehensive 

school reform models and to provide effective capacity building 

for comprehensive school reform providers to expand their 

work in more schools, assure quality, and promote financial 

stability.¿ 

øPART G—ADVANCED PLACEMENT 

PROGRAMS¿ 

øSEC. 1701. SHORT TITLE. 

øThis part may be cited as the ‘‘Access to High Standards 

Act’’.¿ 

øSEC. 1702. PURPOSES. 

øThe purposes of this part are— 

ø(1) to support State and local efforts to raise academic 

standards through advanced placement programs, and thus 

further increase the number of students who participate and 

succeed in advanced placement programs; 

ø(2) to encourage more of the 600,000 students who take 

advanced placement courses each year but do not take advanced placement exams each year, to demonstrate their 

achievements through taking the exams; 

ø(3) to build on the many benefits of advanced placement 

programs for students, which benefits may include the acquisition of skills that are important to many employers, Scholastic 

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tional averages, and the achievement of better grades in secondary school and in college than the grades of students who 

have not participated in the programs; 

ø(4) to increase the availability and broaden the range of 

schools, including middle schools, that have advanced placement and pre-advanced placement programs; 

ø(5) to demonstrate that larger and more diverse groups of 

students can participate and succeed in advanced placement 

programs; 

ø(6) to provide greater access to advanced placement and 

pre-advanced placement courses and highly trained teachers 

for low-income and other disadvantaged students; 

ø(7) to provide access to advanced placement courses for 

secondary school students at schools that do not offer advanced 

placement programs, increase the rate at which secondary 

school students participate in advanced placement courses, and 

increase the numbers of students who receive advanced placement test scores for which college academic credit is awarded; 

ø(8) to increase the participation of low-income individuals 

in taking advanced placement tests through the payment or 

partial payment of the costs of the advanced placement test 

fees; and 

ø(9) to increase the number of individuals that achieve a 

baccalaureate or advanced degree, and to decrease the amount 

of time such individuals require to attain such degrees.¿ 

øSEC. 1703. FUNDING DISTRIBUTION RULE. 

øFrom amounts appropriated under section 1002(g) for a fiscal 

year, the Secretary shall give priority to funding activities under 

section 1704 and shall distribute any remaining funds under section 1705.¿ 

øSEC. 1704. ADVANCED PLACEMENT TEST FEE PROGRAM. 

ø(a) GRANTS AUTHORIZED.—From amounts made available 

under section 1703 for a fiscal year, the Secretary shall award 

grants to State educational agencies having applications approved 

under this section to enable the State educational agencies to reimburse low-income individuals to cover part or all of the costs of advanced placement test fees, if the low-income individuals— 

ø(1) are enrolled in an advanced placement course; and 

ø(2) plan to take an advanced placement test. 

ø(b) AWARD BASIS.—In determining the amount of the grant 

awarded to a State educational agency under this section for a fiscal year, the Secretary shall consider the number of children eligible to be counted under section 1124(c) in the State in relation to 

the number of such children so counted in all the States. 

ø(c) INFORMATION DISSEMINATION.—A State educational agency 

awarded a grant under this section shall disseminate information 

regarding the availability of advanced placement test fee payments 

under this section to eligible individuals through secondary school 

teachers and guidance counselors. 

ø(d) APPLICATIONS.—Each State educational agency desiring to 

receive a grant under this section shall submit an application to 

the Secretary at such time, in such manner, and accompanied by 

such information as the Secretary may require. At a minimum, 

each State educational agency application shall— 

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ø(1) describe the advanced placement test fees the State 

educational agency will pay on behalf of low-income individuals 

in the State from grant funds awarded under this section; 

ø(2) provide an assurance that any grant funds awarded 

under this section shall be used only to pay for advanced placement test fees; and 

ø(3) contain such information as the Secretary may require 

to demonstrate that the State educational agency will ensure 

that a student is eligible for payments authorized under this 

section, including documentation required under chapter 1 of 

subpart 2 of part A of title IV of the Higher Education Act of 

1965. 

ø(e) REGULATIONS.—The Secretary shall prescribe such regulations as are necessary to carry out this section. 

ø(f) REPORT.— 

ø(1) IN GENERAL.—Each State educational agency awarded 

a grant under this section shall, with respect to each advanced 

placement subject, annually report to the Secretary on— 

ø(A) the number of students in the State who are taking an advanced placement course in that subject; 

ø(B) the number of advanced placement tests taken by 

students in the State who have taken an advanced placement course in that subject; 

ø(C) the number of students in the State scoring at 

different levels on advanced placement tests in that subject; and 

ø(D) demographic information regarding individuals in 

the State taking advanced placement courses and tests in 

that subject disaggregated by race, ethnicity, sex, English 

proficiency status, and socioeconomic status. 

ø(2) REPORT TO CONGRESS.—The Secretary shall annually 

compile the information received from each State educational 

agency under paragraph (1) and report to the appropriate committees of Congress regarding the information. 

ø(g) BIA AS SEA.—For purposes of this section the Bureau of 

Indian Affairs shall be treated as a State educational agency.¿ 

øSEC. 1705. ADVANCED PLACEMENT INCENTIVE PROGRAM GRANTS. 

ø(a) GRANTS AUTHORIZED.— 

ø(1) IN GENERAL.—From amounts made available under 

section 1703 for a fiscal year, the Secretary shall award grants, 

on a competitive basis, to eligible entities to enable those entities to carry out the authorized activities described in subsection (d). 

ø(2) DURATION AND PAYMENTS.— 

ø(A) DURATION.—The Secretary shall award a grant 

under this section for a period of not more than 3 years. 

ø(B) PAYMENTS.—The Secretary shall make grant payments under this section on an annual basis. 

ø(3) DEFINITION OF ELIGIBLE ENTITY.—In this section, the 

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

educational agency, or national nonprofit educational entity 

with expertise in advanced placement services. 

ø(b) APPLICATION.—Each eligible entity desiring a grant under 

this section shall submit an application to the Secretary at such 

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

Secretary may require. 

ø(c) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to an eligible entity that submits an application under subsection (b) that— 

ø(1) demonstrates a pervasive need for access to advanced 

placement incentive programs; 

ø(2) provides for the involvement of business and community organizations in the activities to be assisted; 

ø(3) assures the availability of matching funds from State, 

local, or other sources to pay for the cost of activities to be assisted; 

ø(4) demonstrates a focus on developing or expanding advanced placement programs and participation in the core academic areas of English, mathematics, and science; 

ø(5) demonstrates an intent to carry out activities that target— 

ø(A) local educational agencies serving schools with a 

high concentration of low-income students; or 

ø(B) schools with a high concentration of low-income 

students; and 

ø(6) in the case of a local educational agency, assures that 

the local educational agency serves schools with a high concentration of low-income students; or 

ø(7) demonstrates an intent to carry out activities to increase the availability of, and participation in, on-line advanced placement courses. 

ø(d) AUTHORIZED ACTIVITIES.— ø(1) IN GENERAL.—Subject to paragraph (2), an eligible entity shall use grant funds made available under this section to 

expand access for low-income individuals to advanced placement incentive programs that involve— 

ø(A) teacher training; 

ø(B) pre-advanced placement course development; 

ø(C) coordination and articulation between grade levels to prepare students for academic achievement in advanced placement courses; 

ø(D) books and supplies; or 

ø(E) activities to increase the availability of, and participation in, on-line advanced placement courses; or 

ø(F) any other activity directly related to expanding 

access to and participation in advanced placement incentive programs, particularly for low-income individuals. 

ø(2) STATE EDUCATIONAL AGENCY.—In the case of an eligible entity that is a State educational agency, the entity may 

use grant funds made available under this section to award 

subgrants to local educational agencies to enable the local educational agencies to carry out the activities under paragraph 

(1). 

ø(e) CONTRACTS.—An eligible entity awarded a grant to provide 

online advanced placement courses under this part may enter into 

a contract with a nonprofit or for profit organization to provide the 

online advanced placement courses, including contracting for necessary support services. 

ø(f) DATA COLLECTION AND REPORTING.— 

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ø(1) DATA COLLECTION.—Each eligible entity awarded a 

grant under this section shall, with respect to each advanced 

placement subject, annually report to the Secretary on— 

ø(A) the number of students served by the eligible entity who are taking an advanced placement course in that 

subject; 

ø(B) the number of advanced placement tests taken by 

students served by the eligible entity in that subject; 

ø(C) the number of students served by the eligible entity scoring at different levels on advanced placement tests 

in that subject; and 

ø(D) demographic information regarding individuals 

served by such agency who taking advanced placement 

courses and tests in that subject disaggregated by race, 

ethnicity, sex, English proficiency status, and socioeconomic status. 

ø(2) REPORT.—The Secretary shall annually compile the 

information received from each eligible entity under paragraph 

(1) and report to the appropriate committees of Congress regarding the information.¿ 

øSEC. 1706. SUPPLEMENT, NOT SUPPLANT. 

øGrant funds provided under this part shall supplement, and 

not supplant, other non-Federal funds that are available to assist 

low-income individuals to pay for the cost of advanced placement 

test fees or to expand access to advanced placement and pre-advanced placement courses.¿ 

øSEC. 1707. DEFINITIONS. 

øIn this part: 

ø(1) ADVANCED PLACEMENT TEST.—The term ‘‘advanced 

placement test’’ means an advanced placement test administered by the College Board or approved by the Secretary. 

ø(2) HIGH CONCENTRATION OF LOW-INCOME STUDENTS.— 

The term ‘‘high concentration of low-income students’’, used 

with respect to a school, means a school that serves a student 

population 40 percent or more of whom are low-income individuals. 

ø(3) LOW-INCOME INDIVIDUAL.—The term ‘‘low-income individual’’ means an individual who is determined by a State educational agency or local educational agency to be a child, ages 

5 through 19, from a low-income family, on the basis of data 

used by the Secretary to determine allocations under section 

1124 of this Act, data on children eligible for free or reducedprice lunches under the National School Lunch Act, data on 

children in families receiving assistance under part A of title 

IV of the Social Security Act, or data on children eligible to receive medical assistance under the medicaid program under 

title XIX of the Social Security Act, or through an alternate 

method that combines or extrapolates from those data.¿ 

øPART H—SCHOOL DROPOUT PREVENTION¿ 

øSEC. 1801. SHORT TITLE. 

øThis part may be cited as the ‘‘Dropout Prevention Act’’. 

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øSEC. 1802. PURPOSE. 

øThe purpose of this part is to provide for school dropout prevention and reentry and to raise academic achievement levels by 

providing grants that— 

ø(1) challenge all children to attain their highest academic 

potential; and 

ø(2) ensure that all students have substantial and ongoing 

opportunities to attain their highest academic potential 

through schoolwide programs proven effective in school dropout 

prevention and reentry.¿ 

øSEC. 1803. AUTHORIZATION OF APPROPRIATIONS. 

øFor the purpose of carrying out this part, there are authorized 

to be appropriated $125,000,000 for fiscal year 2002 and such sums 

as may be necessary for each of the 5 succeeding fiscal years, of 

which— 

ø(1) 10 percent shall be available to carry out subpart 1 for 

each fiscal year; and 

ø(2) 90 percent shall be available to carry out subpart 2 for 

each fiscal year.¿ 

øSubpart 1—Coordinated National Strategy¿ 

øSEC. 1811. NATIONAL ACTIVITIES. 

ø(a) IN GENERAL.—The Secretary is authorized— 

ø(1) to collect systematic data on the effectiveness of the 

programs assisted under this part in reducing school dropout 

rates and increasing school reentry and secondary school graduation rates; 

ø(2) to establish a national clearinghouse of information on 

effective school dropout prevention and reentry programs that 

shall disseminate to State educational agencies, local educational agencies, and schools— 

ø(A) the results of research on school dropout prevention and reentry; and 

ø(B) information on effective programs, best practices, 

and Federal resources to— 

ø(i) reduce annual school dropout rates; 

ø(ii) increase school reentry; and 

ø(iii) increase secondary school graduation rates; 

ø(3) to provide technical assistance to State educational 

agencies, local educational agencies, and schools in designing 

and implementing programs and securing resources to implement effective school dropout prevention and reentry programs; 

ø(4) to establish and consult with an interagency working 

group that shall— 

ø(A) address inter- and intra-agency program coordination issues at the Federal level with respect to school 

dropout prevention and reentry, and assess the targeting 

of existing Federal services to students who are most at 

risk of dropping out of school, and the cost-effectiveness of 

various programs and approaches used to address school 

dropout prevention and reentry; 

ø(B) describe the ways in which State educational 

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fective school dropout prevention and reentry programs 

using funds from a variety of Federal programs, including 

the programs under this part; and 

ø(C) examine Federal programs that may have a positive impact on secondary school graduation or school reentry; 

ø(5) to carry out a national recognition program in accordance with subsection (b) that recognizes schools that have 

made extraordinary progress in lowering school dropout rates; 

and 

ø(6) to use funds made available for this subpart to carry 

out the evaluation required under section 1830(c). 

ø(b) RECOGNITION PROGRAM.— 

ø(1) ESTABLISHMENT.—The Secretary shall— 

ø(A) establish a national recognition program; and 

ø(B) develop uniform national guidelines for the recognition program that shall be used to recognize eligible 

schools from nominations submitted by State educational 

agencies. 

ø(2) RECOGNITION.—The Secretary shall recognize, under 

the recognition program established under paragraph (1), eligible schools. 

ø(3) SUPPORT.—The Secretary may make monetary awards 

to an eligible school recognized under this subsection in 

amounts determined appropriate by the Secretary that shall be 

used for dissemination activities within the eligible school district or nationally. 

ø(4) DEFINITION OF ELIGIBLE SCHOOL.—In this subsection, 

the term ‘‘eligible school’’ means a public middle school or secondary school, including a charter school, that has implemented comprehensive reforms that have been effective in lowering school dropout rates for all students— 

ø(A) in that secondary school or charter school; or 

ø(B) in the case of a middle school, in the secondary 

school that the middle school feeds students into. 

ø(c) CAPACITY BUILDING.— 

ø(1) IN GENERAL.—The Secretary, through a contract with 

one or more non-Federal entities, may conduct a capacity 

building and design initiative in order to increase the types of 

proven strategies for school dropout prevention and reentry 

that address the needs of an entire school population rather 

than a subset of students. 

ø(2) NUMBER AND DURATION.— 

ø(A) NUMBER.—The Secretary may award not more 

than five contracts under this subsection. 

ø(B) DURATION.—The Secretary may award a contract 

under this subsection for a period of not more than 5 

years. 

ø(d) SUPPORT FOR EXISTING REFORM NETWORKS.— 

ø(1) IN GENERAL.—The Secretary may provide appropriate 

support to eligible entities to enable the eligible entities to provide training, materials, development, and staff assistance to 

schools assisted under this part. 

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ø(2) DEFINITION OF ELIGIBLE ENTITY.—In this subsection, 

the term ‘‘eligible entity’’ means an entity that, prior to the 

date of enactment of the Dropout Prevention Act— 

ø(A) provided training, technical assistance, and materials related to school dropout prevention or reentry to 100 

or more elementary schools or secondary schools; and 

ø(B) developed and published a specific educational 

program or design related to school dropout prevention or 

reentry for use by the schools.¿ 

øSubpart 2—School Dropout Prevention 

Initiative¿ 

øSEC. 1821. DEFINITIONS. 

øIn this subpart: 

ø(1) LOW-INCOME STUDENT.—The term ‘‘low-income student’’ means a student who is determined by a local educational agency to be from a low-income family using the measures described in section 1113(c). 

ø(2) STATE.—The term ‘‘State’’ means each of the several 

States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, 

Guam, American Samoa, the Commonwealth of the Northern 

Mariana Islands, and the Bureau of Indian Affairs for purposes 

of serving schools funded by the Bureau.¿ 

øSEC. 1822. PROGRAM AUTHORIZED. 

ø(a) GRANTS TO STATE EDUCATIONAL AGENCIES AND LOCAL

EDUCATIONAL AGENCIES.— 

ø(1) AMOUNT LESS THAN $75,000,000.— 

ø(A) IN GENERAL.—If the amount appropriated under 

section 1803 for a fiscal year equals or is less than 

$75,000,000, then the Secretary shall use such amount to 

award grants, on a competitive basis, to— 

ø(i) State educational agencies to support activities— 

ø(I) in schools that— 

ø(aa) serve students in grades 6 through 

12; and 

ø(bb) have annual school dropout rates 

that are above the State average annual 

school dropout rate; or 

ø(II) in the middle schools that feed students 

into the schools described in subclause (I); or 

ø(ii) local educational agencies that operate— 

ø(I) schools that— 

ø(aa) serve students in grades 6 through 

12; and 

ø(bb) have annual school dropout rates 

that are above the State average annual 

school dropout rate; or 

ø(II) middle schools that feed students into 

the schools described in subclause (I). 

ø(B) USE OF GRANT FUNDS.—Grant funds awarded 

under this paragraph shall be used to fund effective, susmstockstill on DSK4VPTVN1PROD with HEARINGS

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tainable, and coordinated school dropout prevention and 

reentry programs that may include the activities described 

in subsection (b)(2), in— 

ø(i) schools serving students in grades 6 through 

12 that have annual school dropout rates that are 

above the State average annual school dropout rate; or 

ø(ii) the middle schools that feed students into the 

schools described in clause (i). 

ø(2) AMOUNT LESS THAN $250,000,000 BUT MORE THAN

$75,000,000.—If the amount appropriated under section 1803 for a fiscal year is less than $250,000,000 but more than 

$75,000,000, then the Secretary shall use such amount to 

award grants, on a competitive basis, to State educational 

agencies to enable the State educational agencies to award 

subgrants under subsection (b). 

ø(3) AMOUNT EQUAL TO OR EXCEEDS $250,000,000.—If the 

amount appropriated under section 1803 for a fiscal year 

equals or exceeds $250,000,000, then the Secretary shall use 

such amount to award a grant to each State educational agency in an amount that bears the same relation to such appropriated amount as the amount the State educational agency received under part A for the preceding fiscal year bears to the 

amount received by all State educational agencies under such 

part for the preceding fiscal year, to enable the State educational agency to award subgrants under subsection (b). 

ø(b) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— ø(1) IN GENERAL.—From amounts made available to a 

State educational agency under paragraph (2) or (3) of subsection (a), the State educational agency shall award subgrants, on a competitive basis, to local educational agencies 

that operate public schools that serve students in grades 6 

through 12 and that have annual school dropout rates that are 

above the State average annual school dropout rate, to enable 

those schools, or the middle schools that feed students into 

those schools, to implement effective, sustainable, and coordinated school dropout prevention and reentry programs that involve activities such as— 

ø(A) professional development; 

ø(B) obtaining curricular materials; 

ø(C) release time for professional staff to obtain professional development; 

ø(D) planning and research; 

ø(E) remedial education; 

ø(F) reduction in pupil-to-teacher ratios; 

ø(G) efforts to meet State student academic achievement standards; 

ø(H) counseling and mentoring for at-risk students; 

ø(I) implementing comprehensive school reform models, such as creating smaller learning communities; and 

ø(J) school reentry activities. 

ø(2) AMOUNT.—Subject to paragraph (3), a subgrant under 

this subpart shall be awarded— 

ø(A) in the first year that a local educational agency 

receives a subgrant payment under this subpart, in an 

amount that is based on factors such as— 

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ø(i) the size of schools operated by the local educational agency; 

ø(ii) costs of the model or set of prevention and reentry strategies being implemented; and 

ø(iii) local cost factors such as poverty rates; 

ø(B) in the second year, in an amount that is not less 

than 75 percent of the amount the local educational agency 

received under this subpart in the first such year; 

ø(C) in the third year, in an amount that is not less 

than 50 percent of the amount the local educational agency 

received under this subpart in the first such year; and 

ø(D) in each succeeding year, in an amount that is not 

less than 30 percent of the amount the local educational 

agency received under this subpart in the first year. 

ø(3) DURATION.—A subgrant under this subpart shall be 

awarded for a period of 3 years, and may be continued for a 

period of 2 additional years if the State educational agency determines, based on the annual reports described in section 

1830(a), that significant progress has been made in lowering 

the annual school dropout rate for secondary schools participating in the program assisted under this subpart.¿ 

øSEC. 1823. APPLICATIONS. 

ø(a) IN GENERAL.—To receive— 

ø(1) a grant under this subpart, a State educational agency 

or local educational agency shall submit an application and 

plan to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require; and 

ø(2) a subgrant under this subpart, a local educational 

agency shall submit an application and plan to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency 

may reasonably require. 

ø(b) CONTENTS.— ø(1) STATE EDUCATIONAL AGENCY AND LOCAL EDUCATIONAL

AGENCY.—Each application and plan submitted under subsection (a) shall— 

ø(A) include an outline— 

ø(i) of the State educational agency’s or local educational agency’s strategy for reducing the State educational agency or local educational agency’s annual 

school dropout rate; 

ø(ii) for targeting secondary schools, and the middle schools that feed students into those secondary 

schools, that have the highest annual school dropout 

rates; and 

ø(iii) for assessing the effectiveness of the efforts 

described in the plan; 

ø(B) contain an identification of the schools in the 

State or operated by the local educational agency that 

have annual school dropout rates that are greater than the 

average annual school dropout rate for the State; 

ø(C) describe the instructional strategies to be implemented, how the strategies will serve all students, and the 

effectiveness of the strategies; 

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ø(D) describe a budget and timeline for implementing 

the strategies; 

ø(E) contain evidence of coordination with existing resources; 

ø(F) provide an assurance that funds provided under 

this subpart will supplement, and not supplant, other 

State and local funds available for school dropout prevention and reentry programs; and 

ø(G) describe how the activities to be assisted conform 

with research knowledge about school dropout prevention 

and reentry. 

ø(2) LOCAL EDUCATIONAL AGENCY.—Each application and 

plan submitted under subsection (a) by a local educational 

agency shall contain, in addition to the requirements of paragraph (1)— 

ø(A) an assurance that the local educational agency is 

committed to providing ongoing operational support for 

such schools to address the problem of school dropouts for 

a period of 5 years; and 

ø(B) an assurance that the local educational agency 

will support the plan, including— 

ø(i) provision of release time for teacher training; 

ø(ii) efforts to coordinate activities for secondary 

schools and the middle schools that feed students into 

those secondary schools; and 

ø(iii) encouraging other schools served by the local 

educational agency to participate in the plan.¿ 

øSEC. 1824. STATE RESERVATION. 

øA State educational agency that receives a grant under paragraph (2) or (3) of section 1822(a) may reserve not more than 5 percent of the grant funds for administrative costs and State activities 

related to school dropout prevention and reentry activities, of which 

not more than 2 percent of the grant funds may be used for administrative costs.¿ 

øSEC. 1825. STRATEGIES AND CAPACITY BUILDING. 

øEach local educational agency receiving a grant or subgrant 

under this subpart and each State educational agency receiving a 

grant under this subpart shall implement scientifically based, sustainable, and widely replicated strategies for school dropout prevention and reentry. The strategies may include— 

ø(1) specific strategies for targeted purposes, such as— 

ø(A) effective early intervention programs designed to 

identify at-risk students; 

ø(B) effective programs serving at-risk students, including racial and ethnic minorities and pregnant and parenting teenagers, designed to prevent such students from 

dropping out of school; and 

ø(C) effective programs to identify and encourage 

youth who have already dropped out of school to reenter 

school and complete their secondary education; and 

ø(2) approaches such as breaking larger schools down into 

smaller learning communities and other comprehensive reform 

approaches, creating alternative school programs, and developing clear linkages to career skills and employment.¿ 

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øSEC. 1826. SELECTION OF LOCAL EDUCATIONAL AGENCIES FOR SUBGRANTS. 

ø(a) STATE EDUCATIONAL AGENCY REVIEW AND AWARD.—The 

State educational agency shall review applications submitted under 

section 1823(a)(2) and award subgrants to local educational agencies with the assistance and advice of a panel of experts on school 

dropout prevention and reentry. 

ø(b) ELIGIBILITY.—A local educational agency is eligible to receive a subgrant under this subpart if the local educational agency 

operates a public school (including a public alternative school)— 

ø(1) that is eligible to receive assistance under part A; and 

ø(2)(A) that serves students 50 percent or more of whom 

are low-income students; or 

ø(B) in which a majority of the students come from feeder 

schools that serve students 50 percent or more of whom are 

low-income students.¿ 

øSEC. 1827. COMMUNITY BASED ORGANIZATIONS. 

øA local educational agency that receives a grant or subgrant 

under this subpart and a State educational agency that receives a 

grant under this subpart may use the funds to secure necessary 

services from a community-based organization or other government 

agency if the funds are used to provide school dropout prevention 

and reentry activities related to schoolwide efforts.¿ 

øSEC. 1828. TECHNICAL ASSISTANCE. 

øNotwithstanding any other provision of law, each local educational agency that receives funds under this subpart shall use 

the funds to provide technical assistance to secondary schools 

served by the agency that have not made progress toward lowering 

annual school dropout rates after receiving assistance under this 

subpart for 2 fiscal years.¿ 

øSEC. 1829. SCHOOL DROPOUT RATE CALCULATION. 

øFor purposes of calculating an annual school dropout rate 

under this subpart, a school shall use the annual event school dropout rate for students leaving a school in a single year determined 

in accordance with the National Center for Education Statistics’ 

Common Core of Data.¿ 

øSEC. 1830. REPORTING AND ACCOUNTABILITY. 

ø(a) LOCAL EDUCATIONAL AGENCY REPORTS.— 

ø(1) IN GENERAL.—To receive funds under this subpart for 

a fiscal year after the first fiscal year that a local educational 

agency receives funds under this subpart, the local educational 

agency shall provide, on an annual basis, a report regarding 

the status of the implementation of activities funded under this 

subpart, and the dropout data for students at schools assisted 

under this subpart, disaggregated by race and ethnicity, to 

the— 

ø(A) Secretary, if the local educational agency receives 

a grant under section 1822(a)(1); or 

ø(B) State educational agency, if the local educational 

agency receives a subgrant under paragraph (2) or (3) of 

section 1822(a). 

ø(2) DROPOUT DATA.—The dropout data under paragraph 

(1) shall include annual school dropout rates for each fiscal 

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year, starting with the 2 fiscal years before the local educational agency received funds under this subpart. 

ø(b) STATE REPORT ON PROGRAM ACTIVITIES.—Each State educational agency receiving funds under this subpart shall provide to 

the Secretary, at such time and in such format as the Secretary 

may require, information on the status of the implementation of activities funded under this subpart and outcome data for students 

in schools assisted under this subpart. 

ø(c) ACCOUNTABILITY.—The Secretary shall evaluate the effect 

of the activities assisted under this subpart on school dropout prevention compared, if feasible, to a control group using control procedures. The Secretary may use funds appropriated for subpart 1 

to carry out this evaluation.¿ 

øPART I¿PART F—GENERAL PROVISIONS 

øSEC. 1901¿SEC. 1601. FEDERAL REGULATIONS. 

(a) IN GENERAL.—* * * 

(b) NEGOTIATED RULEMAKING PROCESS.— 

(1) IN GENERAL.—* * * 

* * * * * * * 

(4) PROCESS.—Such process— 

(A) shall be conducted in a timely manner to ensure 

that final regulations are issued by the Secretary not later 

than 1 year after the date of enactment of the øNo Child 

Left Behind Act of 2001¿Strengthening America’s Schools 

Act of 2013; and 

* * * * * * * 

øSEC. 1902¿SEC. 1602. AGREEMENTS AND RECORDS. 

(a) AGREEMENTS.—All published proposed regulations shall 

conform to agreements that result from negotiated rulemaking described in section ø1901¿1601 unless the Secretary reopens the negotiated rulemaking process or provides a written explanation to 

the participants involved in the process explaining why the Secretary decided to depart from, and not adhere to, such agreements. 

* * * * * * * 

øSEC. 1903¿SEC. 1603. STATE ADMINISTRATION. 

(a) RULEMAKING.— (1) IN GENERAL.—* * * 

* * * * * * * 

(b) COMMITTEE OF PRACTITIONERS.— (1) IN GENERAL.—* * * 

(2) MEMBERSHIP.—Each such committee shall include— 

(A) * * * 

* * * * * * * 

(G) øpupil services personnel¿specialized instructional 

support personnel. 

(3) DUTIES.—* * * 

* * * * * * * 

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øSEC. 1904¿SEC. 1604. LOCAL EDUCATIONAL AGENCY SPENDING AUDITS. 

(a) AUDITS.—* * * 

* * * * * * * 

(b) REPORT.—Not later than 3 months after the completion of 

the audits under subsection (a) each year, the Comptroller General 

of the United States shall submit a report on each audit to øthe 

Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and 

Pensions of the Senate¿the authorizing committees. 

* * * * * * * 

øSEC. 1905¿SEC. 1605. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL. 

* * * 

* * * * * * * 

øSEC. 1906¿SEC. 1606. RULE OF CONSTRUCTION ON EQUALIZED 

SPENDING. 

* * * 

* * * * * * * 

øSEC. 1907¿SEC. 1607. STATE REPORT ON DROPOUT DATA. 

* * * 

* * * * * * * 

øSEC. 1908¿SEC. 1608. REGULATIONS FOR SECTIONS 1111 AND 1116. 

The Secretary shall issue regulations for sections 1111 and 

1116 not later than 6 months after the date of enactment of the 

øNo Child Left Behind Act of 2001¿Strengthening America’s 

Schools Act of 2013. 

* * * * * * * 

TITLE II—øPREPARING, TRAINING, AND 

RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS¿SUPPORTING 

TEACHER AND PRINCIPAL EXCELLENCE 

ø PART A—TEACHER AND PRINCIPAL 

TRAINING AND RECRUITING FUND¿ 

øSEC. 2101. PURPOSE. 

øThe purpose of this part is to provide grants to State educational agencies, local educational agencies, State agencies for 

higher education, and eligible partnerships in order to— 

ø(1) increase student academic achievement through strategies such as improving teacher and principal quality and increasing the number of highly qualified teachers in the classroom and highly qualified principals and assistant principals 

in schools; and 

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ø(2) hold local educational agencies and schools accountable for improvements in student academic achievement.¿ 

øSEC. 2102. DEFINITIONS. 

øIn this part: 

ø(1) ARTS AND SCIENCES.—The term ‘‘arts and sciences’’ 

means— 

ø(A) when referring to an organizational unit of an institution of higher education, any academic unit that offers 

one or more academic majors in disciplines or content 

areas corresponding to the academic subjects in which 

teachers teach; and 

ø(B) when referring to a specific academic subject, the 

disciplines or content areas in which an academic major is 

offered by an organizational unit described in subparagraph (A). 

ø(2) CHARTER SCHOOL.—The term ‘‘charter school’’ has the 

meaning given the term in section 5210. 

ø(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘‘high-need local educational agency’’ means a local educational 

agency— 

ø(A)(i) that serves not fewer than 10,000 children from 

families with incomes below the poverty line; or 

ø(ii) for which not less than 20 percent of the children 

served by the agency are from families with incomes below 

the poverty line; and 

ø(B)(i) for which there is a high percentage of teachers 

not teaching in the academic subjects or grade levels that 

the teachers were trained to teach; or 

ø(ii) for which there is a high percentage of teachers 

with emergency, provisional, or temporary certification or 

licensing. 

ø(4) HIGHLY QUALIFIED PARAPROFESSIONAL.—The term 

‘‘highly qualified paraprofessional’’ means a paraprofessional 

who has not less than 2 years of— 

ø(A) experience in a classroom; and 

ø(B) postsecondary education or demonstrated competence in a field or academic subject for which there is a 

significant shortage of qualified teachers. 

ø(5) OUT-OF-FIELD TEACHER.—The term ‘‘out-of-field teacher’’ means a teacher who is teaching an academic subject or a 

grade level for which the teacher is not highly qualified. 

ø(6) PRINCIPAL.—The term ‘‘principal’’ includes an assistant principal.¿ 

øSEC. 2103. AUTHORIZATIONS OF APPROPRIATIONS. 

ø(a) GRANTS TO STATES, LOCAL EDUCATIONAL AGENCIES, AND

ELIGIBLE PARTNERSHIPS.—There are authorized to be appropriated 

to carry out this part (other than subpart 5) $3,175,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 

5 succeeding fiscal years. 

ø(b) NATIONAL PROGRAMS.—There are authorized to be appropriated to carry out subpart 5 such sums as may be necessary for 

fiscal year 2002 and each of the 5 succeeding fiscal years.¿ 

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øSubpart 1—Grants to States¿ 

øSEC. 2111. ALLOTMENTS TO STATES. 

ø(a) IN GENERAL.—The Secretary shall make grants to States 

with applications approved under section 2112 to pay for the Federal share of the cost of carrying out the activities specified in section 2113. Each grant shall consist of the allotment determined for 

a State under subsection (b). 

ø(b) DETERMINATION OF ALLOTMENTS.— ø(1) RESERVATION OF FUNDS.— ø(A) IN GENERAL.—From the total amount appropriated under section 2103(a) for a fiscal year, the Secretary shall reserve— 

ø(i) one-half of 1 percent for allotments for the 

United States Virgin Islands, Guam, American Samoa, 

and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on 

the basis of their relative need, as determined by the 

Secretary, in accordance with the purpose of this part; 

and 

ø(ii) one-half of 1 percent for the Secretary of the 

Interior for programs under this part in schools operated or funded by the Bureau of Indian Affairs. 

ø(2) STATE ALLOTMENTS.— ø(A) HOLD HARMLESS.— ø(i) IN GENERAL.—Subject to subparagraph (B), 

from the funds appropriated under section 2103(a) for 

any fiscal year and not reserved under paragraph (1), 

the Secretary shall allot to each of the 50 States, the 

District of Columbia, and the Commonwealth of Puerto Rico an amount equal to the total amount that such 

State received for fiscal year 2001 under— 

ø(I) section 2202(b) of this Act (as in effect on 

the day before the date of enactment of the No 

Child Left Behind Act of 2001); and 

ø(II) section 306 of the Department of Education Appropriations Act, 2001 (as enacted into 

law by section 1(a)(1) of Public Law 106–554). 

ø(ii) RATABLE REDUCTION.—If the funds described 

in clause (i) are insufficient to pay the full amounts 

that all States are eligible to receive under clause (i) 

for any fiscal year, the Secretary shall ratably reduce 

those amounts for the fiscal year. 

ø(B) ALLOTMENT OF ADDITIONAL FUNDS.— 

ø(i) IN GENERAL.—Subject to clause (ii), for any 

fiscal year for which the funds appropriated under section 2103(a) and not reserved under paragraph (1) exceed the total amount required to make allotments 

under subparagraph (A), the Secretary shall allot to 

each of the States described in subparagraph (A) the 

sum of— 

ø(I) an amount that bears the same relationship to 35 percent of the excess amount as the 

number of individuals age 5 through 17 in the 

State, as determined by the Secretary on the basis 

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of the most recent satisfactory data, bears to the 

number of those individuals in all such States, as 

so determined; and 

ø(II) an amount that bears the same relationship to 65 percent of the excess amount as the 

number of individuals age 5 through 17 from families with incomes below the poverty line, in the 

State, as determined by the Secretary on the basis 

of the most recent satisfactory data, bears to the 

number of those individuals in all such States, as 

so determined. 

ø(ii) EXCEPTION.—No State receiving an allotment 

under clause (i) may receive less than one-half of 1 

percent of the total excess amount allotted under such 

clause for a fiscal year. 

ø(3) REALLOTMENT.—If any State does not apply for an allotment under this subsection for any fiscal year, the Secretary 

shall reallot the amount of the allotment to the remaining 

States in accordance with this subsection.¿ 

øSEC. 2112. STATE APPLICATIONS. 

ø(a) IN GENERAL.—For a State to be eligible to receive a grant 

under this part, the State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. 

ø(b) CONTENTS.—Each application submitted under this section 

shall include the following: 

ø(1) A description of how the activities to be carried out by 

the State educational agency under this subpart will be based 

on a review of scientifically based research and an explanation 

of why the activities are expected to improve student academic 

achievement. 

ø(2) A description of how the State educational agency will 

ensure that a local educational agency receiving a subgrant to 

carry out subpart 2 will comply with the requirements of such 

subpart. 

ø(3) A description of how the State educational agency will 

ensure that activities assisted under this subpart are aligned 

with challenging State academic content and student academic 

achievement standards, State assessments, and State and local 

curricula. 

ø(4) A description of how the State educational agency will 

use funds under this part to improve the quality of the State’s 

teachers and principals. 

ø(5)(A) A description of how the State educational agency 

will coordinate professional development activities authorized 

under this part with professional development activities provided under other Federal, State, and local programs. 

ø(B) A description of the comprehensive strategy that the 

State educational agency will use, as part of such coordination 

effort, to ensure that teachers are trained in the use of technology so that technology and applications of technology are effectively used in the classroom to improve teaching and learning in all curricula and academic subjects, as appropriate. 

ø(6) A description of how the State educational agency will 

encourage the development of proven, innovative strategies to 

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deliver intensive professional development programs that are 

both cost-effective and easily accessible, such as strategies that 

involve delivery through the use of technology, peer networks, 

and distance learning. 

ø(7)(A) A description of how the State educational agency 

will ensure compliance with the requirements for professional 

development activities described in section 9101 and how the 

activities to be carried out under the grant will be developed 

collaboratively and based on the input of teachers, principals, 

parents, administrators, paraprofessionals, and other school 

personnel. 

ø(B) In the case of a State in which the State educational 

agency is not the entity responsible for teacher professional 

standards, certification, and licensing, an assurance that the 

State activities carried out under this subpart are carried out 

in conjunction with the entity responsible for such standards, 

certification, and licensing under State law. 

ø(8) A description of how the State educational agency will 

ensure that the professional development (including teacher 

mentoring) needs of teachers will be met using funds under 

this subpart and subpart 2. 

ø(9) A description of the State educational agency’s annual 

measurable objectives under section 1119(a)(2). 

ø(10) A description of how the State educational agency 

will use funds under this part to meet the teacher and paraprofessional requirements of section 1119 and how the State 

educational agency will hold local educational agencies accountable for meeting the annual measurable objectives described in section 1119(a)(2). 

ø(11) In the case of a State that has a charter school law 

that exempts teachers from State certification and licensing requirements, the specific portion of the State law that provides 

for the exemption. 

ø(12) An assurance that the State educational agency will 

comply with section 9501 (regarding participation by private 

school children and teachers). 

ø(c) DEEMED APPROVAL.—An application submitted by a State 

educational agency pursuant to subsection (a) shall be deemed to 

be approved by the Secretary unless the Secretary makes a written 

determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, 

that the application is not in compliance with this subpart. 

ø(d) DISAPPROVAL.—The Secretary shall not finally disapprove 

the application, except after giving the State educational agency 

notice and an opportunity for a hearing. 

ø(e) NOTIFICATION.—If the Secretary finds that the application 

is not in compliance, in whole or in part, with this subpart, the 

Secretary shall— 

ø(1) give the State educational agency notice and an opportunity for a hearing; and 

ø(2) notify the State educational agency of the finding of 

noncompliance and, in such notification, shall— 

ø(A) cite the specific provisions in the application that 

are not in compliance; and 

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ø(B) request additional information, only as to the 

noncompliant provisions, needed to make the application 

compliant. 

ø(f) RESPONSE.—If the State educational agency responds to 

the Secretary’s notification described in subsection (e)(2) during the 

45-day period beginning on the date on which the agency received 

the notification, and resubmits the application with the requested 

information described in subsection (e)(2)(B), the Secretary shall 

approve or disapprove such application prior to the later of— 

ø(1) the expiration of the 45-day period beginning on the 

date on which the application is resubmitted; or 

ø(2) the expiration of the 120-day period described in subsection (c). 

ø(g) FAILURE TO RESPOND.—If the State educational agency 

does not respond to the Secretary’s notification described in subsection (e)(2) during the 45-day period beginning on the date on 

which the agency received the notification, such application shall 

be deemed to be disapproved.¿ 

øSEC. 2113. STATE USE OF FUNDS. 

ø(a) IN GENERAL.—A State that receives a grant under section 

2111 shall— 

ø(1) reserve 95 percent of the funds made available 

through the grant to make subgrants to local educational agencies as described in subpart 2; 

ø(2) reserve 2.5 percent (or, for a fiscal year described in 

subsection (b), the percentage determined under subsection (b)) 

of the funds to make subgrants to local partnerships as described in subpart 3; and 

ø(3) use the remainder of the funds for State activities described in subsection (c). 

ø(b) SPECIAL RULE.—For any fiscal year for which the total 

amount that would be reserved by all States under subsection 

(a)(2), if the States applied a 2.5 percentage rate, exceeds 

$125,000,000, the Secretary shall determine an alternative percentage that the States shall apply for that fiscal year under subsection 

(a)(2) so that the total amount reserved by all States under subsection (a)(2) equals $125,000,000. 

ø(c) STATE ACTIVITIES.—The State educational agency for a 

State that receives a grant under section 2111 shall use the funds 

described in subsection (a)(3) to carry out one or more of the following activities, which may be carried out through a grant or contract with a for-profit or nonprofit entity: 

ø(1) Reforming teacher and principal certification (including recertification) or licensing requirements to ensure that— 

ø(A)(i) teachers have the necessary subject matter 

knowledge and teaching skills in the academic subjects 

that the teachers teach; and 

ø(ii) principals have the instructional leadership skills 

to help teachers teach and students learn; 

ø(B) teacher certification (including recertification) or 

licensing requirements are aligned with challenging State 

academic content standards; and 

ø(C) teachers have the subject matter knowledge and 

teaching skills, including technology literacy, and principals have the instructional leadership skills, necessary to 

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help students meet challenging State student academic 

achievement standards. 

ø(2) Carrying out programs that provide support to teachers or principals, including support for teachers and principals 

new to their profession, such as programs that— 

ø(A) provide teacher mentoring, team teaching, reduced class schedules, and intensive professional development; and 

ø(B) use standards or assessments for guiding beginning teachers that are consistent with challenging State 

student academic achievement standards and with the requirements for professional development activities described in section 9101. 

ø(3) Carrying out programs that establish, expand, or improve alternative routes for State certification of teachers and 

principals, especially in the areas of mathematics and science, 

for highly qualified individuals with a baccalaureate or master’s degree, including mid-career professionals from other occupations, paraprofessionals, former military personnel, and 

recent college or university graduates with records of academic 

distinction who demonstrate the potential to become highly effective teachers or principals. 

ø(4) Developing and implementing mechanisms to assist 

local educational agencies and schools in effectively recruiting 

and retaining highly qualified teachers, including specialists in 

core academic subjects, principals, and pupil services personnel, except that funds made available under this paragraph 

may be used for pupil services personnel only— 

ø(A) if the State educational agency is making 

progress toward meeting the annual measurable objectives 

described in section 1119(a)(2); and 

ø(B) in a manner consistent with mechanisms to assist 

local educational agencies and schools in effectively recruiting and retaining highly qualified teachers and principals. 

ø(5) Reforming tenure systems, implementing teacher testing for subject matter knowledge, and implementing teacher 

testing for State certification or licensing, consistent with title 

II of the Higher Education Act of 1965. 

ø(6) Providing professional development for teachers and 

principals and, in cases in which a State educational agency 

determines support to be appropriate, supporting the participation of pupil services personnel in the same type of professional 

development activities as are made available to teachers and 

principals. 

ø(7) Developing systems to measure the effectiveness of 

specific professional development programs and strategies to 

document gains in student academic achievement or increases 

in teacher mastery of the academic subjects the teachers teach. 

ø(8) Fulfilling the State educational agency’s responsibilities concerning proper and efficient administration of the programs carried out under this part, including provision of technical assistance to local educational agencies. 

ø(9) Funding projects to promote reciprocity of teacher and 

principal certification or licensing between or among States, 

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except that no reciprocity agreement developed under this 

paragraph or developed using funds provided under this part 

may lead to the weakening of any State teaching certification 

or licensing requirement. 

ø(10) Developing or assisting local educational agencies in 

the development and use of proven, innovative strategies to deliver intensive professional development programs that are 

both cost-effective and easily accessible, such as strategies that 

involve delivery through the use of technology, peer networks, 

and distance learning. 

ø(11) Encouraging and supporting the training of teachers 

and administrators to effectively integrate technology into curricula and instruction, including training to improve the ability 

to collect, manage, and analyze data to improve teaching, decisionmaking, school improvement efforts, and accountability. 

ø(12) Developing, or assisting local educational agencies in 

developing, merit-based performance systems, and strategies 

that provide differential and bonus pay for teachers in highneed academic subjects such as reading, mathematics, and 

science and teachers in high-poverty schools and districts. 

ø(13) Providing assistance to local educational agencies for 

the development and implementation of professional development programs for principals that enable the principals to be 

effective school leaders and prepare all students to meet challenging State academic content and student academic achievement standards, and the development and support of school 

leadership academies to help exceptionally talented aspiring or 

current principals and superintendents become outstanding 

managers and educational leaders. 

ø(14) Developing, or assisting local educational agencies in 

developing, teacher advancement initiatives that promote professional growth and emphasize multiple career paths (such as 

paths to becoming a career teacher, mentor teacher, or exemplary teacher) and pay differentiation. 

ø(15) Providing assistance to teachers to enable them to 

meet certification, licensing, or other requirements needed to 

become highly qualified by the end of the fourth year for which 

the State receives funds under this part (as amended by the 

No Child Left Behind Act of 2001). 

ø(16) Supporting activities that ensure that teachers are 

able to use challenging State academic content standards and 

student academic achievement standards, and State assessments, to improve instructional practices and improve student 

academic achievement. 

ø(17) Funding projects and carrying out programs to encourage men to become elementary school teachers. 

ø(18) Establishing and operating a center that— 

ø(A) serves as a statewide clearinghouse for the recruitment and placement of kindergarten, elementary 

school, and secondary school teachers; and 

ø(B) establishes and carries out programs to improve 

teacher recruitment and retention within the State. 

ø(d) ADMINISTRATIVE COSTS.—A State educational agency or 

State agency for higher education receiving a grant under this part 

may use not more than 1 percent of the grant funds for planning 

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and administration related to carrying out activities under subsection (c) and subpart 3. 

ø(e) COORDINATION.—A State that receives a grant to carry out 

this subpart and a grant under section 202 of the Higher Education 

Act of 1965 shall coordinate the activities carried out under this 

subpart and the activities carried out under that section. 

ø(f) SUPPLEMENT, NOT SUPPLANT.—Funds received under this 

subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized 

under this subpart.¿ 

øSubpart 2—Subgrants to Local Educational 

Agencies¿ 

øSEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES. 

ø(a) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

ø(1) IN GENERAL.—The Secretary may make a grant to a 

State under subpart 1 only if the State educational agency 

agrees to distribute the funds described in this subsection as 

subgrants to local educational agencies under this subpart. 

ø(2) HOLD HARMLESS.— 

ø(A) IN GENERAL.—From the funds reserved by a State 

under section 2113(a)(1), the State educational agency 

shall allocate to each local educational agency in the State 

an amount equal to the total amount that such agency received for fiscal year 2001 under— 

ø(i) section 2203(1)(B) of this Act (as in effect on 

the day before the date of enactment of the No Child 

Left Behind Act of 2001); and 

ø(ii) section 306 of the Department of Education 

Appropriations Act, 2001 (as enacted into law by section 1(a)(1) of Public Law 106–554). 

ø(B) NONPARTICIPATING AGENCIES.—In the case of a 

local educational agency that did not receive any funds for 

fiscal year 2001 under one or both of the provisions referred to in clauses (i) and (ii) of subparagraph (A), the 

amount allocated to the agency under such subparagraph 

shall be the total amount that the agency would have received for fiscal year 2001 if the agency had elected to participate in all of the programs for which the agency was eligible under each of the provisions referred to in those 

clauses. 

ø(C) RATABLE REDUCTION.—If the funds described in 

subparagraph (A) are insufficient to pay the full amounts 

that all local educational agencies in the State are eligible 

to receive under subparagraph (A) for any fiscal year, the 

State educational agency shall ratably reduce such 

amounts for the fiscal year. 

ø(3) ALLOCATION OF ADDITIONAL FUNDS.—For any fiscal 

year for which the funds reserved by a State under section 

2113(a)(1) exceed the total amount required to make allocations under paragraph (2), the State educational agency shall 

allocate to each of the eligible local educational agencies in the 

State the sum of— 

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ø(A) an amount that bears the same relationship to 20 

percent of the excess amount as the number of individuals 

age 5 through 17 in the geographic area served by the 

agency, as determined by the Secretary on the basis of the 

most recent satisfactory data, bears to the number of those 

individuals in the geographic areas served by all the local 

educational agencies in the State, as so determined; and 

ø(B) an amount that bears the same relationship to 80 

percent of the excess amount as the number of individuals 

age 5 through 17 from families with incomes below the 

poverty line in the geographic area served by the agency, 

as determined by the Secretary on the basis of the most 

recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined.¿ 

øSEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESSMENT. 

ø(a) IN GENERAL.—To be eligible to receive a subgrant under 

this subpart, a local educational agency shall submit an application 

to the State educational agency at such time, in such manner, and 

containing such information as the State educational agency may 

reasonably require. 

ø(b) CONTENTS.—Each application submitted under this section 

shall be based on the needs assessment required in subsection (c) 

and shall include the following: 

ø(1)(A) A description of the activities to be carried out by 

the local educational agency under this subpart and how these 

activities will be aligned with— 

ø(i) challenging State academic content standards and 

student academic achievement standards, and State assessments; and 

ø(ii) the curricula and programs tied to the standards 

described in clause (i). 

ø(B) A description of how the activities will be based on a 

review of scientifically based research and an explanation of 

why the activities are expected to improve student academic 

achievement. 

ø(2) A description of how the activities will have a substantial, measurable, and positive impact on student academic 

achievement and how the activities will be used as part of a 

broader strategy to eliminate the achievement gap that separates low-income and minority students from other students. 

ø(3) An assurance that the local educational agency will 

target funds to schools within the jurisdiction of the local educational agency that— 

ø(A) have the lowest proportion of highly qualified 

teachers; 

ø(B) have the largest average class size; or 

ø(C) are identified for school improvement under section 1116(b). 

ø(4) A description of how the local educational agency will 

coordinate professional development activities authorized 

under this subpart with professional development activities 

provided through other Federal, State, and local programs. 

ø(5) A description of the professional development activities that will be made available to teachers and principals 

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under this subpart and how the local educational agency will 

ensure that the professional development (which may include 

teacher mentoring) needs of teachers and principals will be 

met using funds under this subpart. 

ø(6) A description of how the local educational agency will 

integrate funds under this subpart with funds received under 

part D that are used for professional development to train 

teachers to integrate technology into curricula and instruction 

to improve teaching, learning, and technology literacy. 

ø(7) A description of how the local educational agency, 

teachers, paraprofessionals, principals, other relevant school 

personnel, and parents have collaborated in the planning of activities to be carried out under this subpart and in the preparation of the application. 

ø(8) A description of the results of the needs assessment 

described in subsection (c). 

ø(9) A description of how the local educational agency will 

provide training to enable teachers to— 

ø(A) teach and address the needs of students with different learning styles, particularly students with disabilities, students with special learning needs (including students who are gifted and talented), and students with limited English proficiency; 

ø(B) improve student behavior in the classroom and 

identify early and appropriate interventions to help students described in subparagraph (A) learn; 

ø(C) involve parents in their child’s education; and 

ø(D) understand and use data and assessments to improve classroom practice and student learning. 

ø(10) A description of how the local educational agency will 

use funds under this subpart to meet the requirements of section 1119. 

ø(11) An assurance that the local educational agency will 

comply with section 9501 (regarding participation by private 

school children and teachers). 

ø(c) NEEDS ASSESSMENT.— 

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

under this subpart, a local educational agency shall conduct an 

assessment of local needs for professional development and hiring, as identified by the local educational agency and school 

staff. 

ø(2) REQUIREMENTS.—Such needs assessment shall be conducted with the involvement of teachers, including teachers 

participating in programs under part A of title I, and shall 

take into account the activities that need to be conducted in 

order to give teachers the means, including subject matter 

knowledge and teaching skills, and to give principals the instructional leadership skills to help teachers, to provide students with the opportunity to meet challenging State and local 

student academic achievement standards.¿ 

øSEC. 2123. LOCAL USE OF FUNDS. 

ø(a) IN GENERAL.—A local educational agency that receives a 

subgrant under section 2121 shall use the funds made available 

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tivities, including carrying out the activities through a grant or 

contract with a for-profit or nonprofit entity: 

ø(1) Developing and implementing mechanisms to assist 

schools in effectively recruiting and retaining highly qualified 

teachers, including specialists in core academic subjects, principals, and pupil services personnel, except that funds made 

available under this paragraph may be used for pupil services 

personnel only— 

ø(A) if the local educational agency is making progress 

toward meeting the annual measurable objectives described in section 1119(a)(2); and 

ø(B) in a manner consistent with mechanisms to assist 

schools in effectively recruiting and retaining highly qualified teachers and principals. 

ø(2) Developing and implementing initiatives to assist in 

recruiting highly qualified teachers (particularly initiatives 

that have proven effective in retaining highly qualified teachers), and hiring highly qualified teachers, who will be assigned 

teaching positions within their fields, including— 

ø(A) providing scholarships, signing bonuses, or other 

financial incentives, such as differential pay, for teachers 

to teach— 

ø(i) in academic subjects in which there exists a 

shortage of highly qualified teachers within a school or 

within the local educational agency; and 

ø(ii) in schools in which there exists a shortage of 

highly qualified teachers; 

ø(B) recruiting and hiring highly qualified teachers to 

reduce class size, particularly in the early grades; and 

ø(C) establishing programs that— 

ø(i) train and hire regular and special education 

teachers (which may include hiring special education 

teachers to team-teach in classrooms that contain both 

children with disabilities and nondisabled children); 

ø(ii) train and hire highly qualified teachers of 

special needs children, as well as teaching specialists 

in core academic subjects who will provide increased 

individualized instruction to students; 

ø(iii) recruit qualified professionals from other 

fields, including highly qualified paraprofessionals, 

and provide such professionals with alternative routes 

to teacher certification, including developing and implementing hiring policies that ensure comprehensive 

recruitment efforts as a way to expand the applicant 

pool, such as through identifying teachers certified 

through alternative routes, and using a system of intensive screening designed to hire the most qualified 

applicants; and 

ø(iv) provide increased opportunities for minorities, individuals with disabilities, and other individuals underrepresented in the teaching profession. 

ø(3) Providing professional development activities— 

ø(A) that improve the knowledge of teachers and principals and, in appropriate cases, paraprofessionals, concerning— 

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ø(i) one or more of the core academic subjects that 

the teachers teach; and 

ø(ii) effective instructional strategies, methods, 

and skills, and use of challenging State academic content standards and student academic achievement 

standards, and State assessments, to improve teaching 

practices and student academic achievement; and 

ø(B) that improve the knowledge of teachers and principals and, in appropriate cases, paraprofessionals, concerning effective instructional practices and that— 

ø(i) involve collaborative groups of teachers and 

administrators; 

ø(ii) provide training in how to teach and address 

the needs of students with different learning styles, 

particularly students with disabilities, students with 

special learning needs (including students who are 

gifted and talented), and students with limited 

English proficiency; 

ø(iii) provide training in methods of— 

ø(I) improving student behavior in the classroom; and 

ø(II) identifying early and appropriate interventions to help students described in clause (ii) 

learn; 

ø(iv) provide training to enable teachers and principals to involve parents in their child’s education, especially parents of limited English proficient and immigrant children; and 

ø(v) provide training on how to understand and 

use data and assessments to improve classroom practice and student learning. 

ø(4) Developing and implementing initiatives to promote 

retention of highly qualified teachers and principals, particularly within elementary schools and secondary schools with a 

high percentage of low-achieving students, including programs 

that provide— 

ø(A) teacher mentoring from exemplary teachers, principals, or superintendents; 

ø(B) induction and support for teachers and principals 

during their first 3 years of employment as teachers or 

principals, respectively; 

ø(C) incentives, including financial incentives, to retain teachers who have a record of success in helping lowachieving students improve their academic achievement; or 

ø(D) incentives, including financial incentives, to principals who have a record of improving the academic 

achievement of all students, but particularly students from 

economically disadvantaged families, students from racial 

and ethnic minority groups, and students with disabilities. 

ø(5) Carrying out programs and activities that are designed to improve the quality of the teacher force, such as— 

ø(A) innovative professional development programs 

(which may be provided through partnerships including institutions of higher education), including programs that 

train teachers and principals to integrate technology into 

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curricula and instruction to improve teaching, learning, 

and technology literacy, are consistent with the requirements of section 9101, and are coordinated with activities 

carried out under part D; 

ø(B) development and use of proven, cost-effective 

strategies for the implementation of professional development activities, such as through the use of technology and 

distance learning; 

ø(C) tenure reform; 

ø(D) merit pay programs; and 

ø(E) testing of elementary school and secondary school 

teachers in the academic subjects that the teachers teach. 

ø(6) Carrying out professional development activities designed to improve the quality of principals and superintendents, including the development and support of academies to 

help talented aspiring or current principals and superintendents become outstanding managers and educational leaders. 

ø(7) Hiring highly qualified teachers, including teachers 

who become highly qualified through State and local alternative routes to certification, and special education teachers, in 

order to reduce class size, particularly in the early grades. 

ø(8) Carrying out teacher advancement initiatives that 

promote professional growth and emphasize multiple career 

paths (such as paths to becoming a career teacher, mentor 

teacher, or exemplary teacher) and pay differentiation. 

ø(10) Carrying out programs and activities related to exemplary teachers. 

ø(b) SUPPLEMENT, NOT SUPPLANT.—Funds received under this 

subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized 

under this subpart.¿ 

øSubpart 3—Subgrants to Eligible Partnerships¿ 

øSEC. 2131. DEFINITIONS. 

øIn this subpart: 

ø(1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible partnership’’ means an entity that— 

ø(A) shall include— 

ø(i) a private or State institution of higher education and the division of the institution that prepares 

teachers and principals; 

ø(ii) a school of arts and sciences; and 

ø(iii) a high-need local educational agency; and 

ø(B) may include another local educational agency, a 

public charter school, an elementary school or secondary 

school, an educational service agency, a nonprofit educational organization, another institution of higher education, a school of arts and sciences within such an institution, the division of such an institution that prepares 

teachers and principals, a nonprofit cultural organization, 

an entity carrying out a prekindergarten program, a teacher organization, a principal organization, or a business. 

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ø(2) LOW-PERFORMING SCHOOL.—The term ‘‘low-performing 

school’’ means an elementary school or secondary school that is 

identified under section 1116.¿ 

øSEC. 2132. SUBGRANTS. 

ø(a) IN GENERAL.—The State agency for higher education for 

a State that receives a grant under section 2111, working in conjunction with the State educational agency (if such agencies are 

separate), shall use the funds reserved under section 2113(a)(2) to 

make subgrants, on a competitive basis, to eligible partnerships to 

enable such partnerships to carry out the activities described in 

section 2134. 

ø(b) DISTRIBUTION.—The State agency for higher education 

shall ensure that— 

ø(1) such subgrants are equitably distributed by geographic area within a State; or 

ø(2) eligible partnerships in all geographic areas within 

the State are served through the subgrants. 

ø(c) SPECIAL RULE.—No single participant in an eligible partnership may use more than 50 percent of the funds made available 

to the partnership under this section.¿ 

øSEC. 2133. APPLICATIONS. 

øTo be eligible to receive a subgrant under this subpart, an eligible partnership shall submit an application to the State agency 

for higher education at such time, in such manner, and containing 

such information as the agency may require.¿ 

øSEC. 2134. USE OF FUNDS. 

ø(a) IN GENERAL.—An eligible partnership that receives a 

subgrant under section 2132 shall use the subgrant funds for— 

ø(1) professional development activities in core academic 

subjects to ensure that— 

ø(A) teachers and highly qualified paraprofessionals, 

and, if appropriate, principals have subject matter knowledge in the academic subjects that the teachers teach, including the use of computer related technology to enhance 

student learning; and 

ø(B) principals have the instructional leadership skills 

that will help such principals work most effectively with 

teachers to help students master core academic subjects; 

and 

ø(2) developing and providing assistance to local educational agencies and individuals who are teachers, highly 

qualified paraprofessionals, or principals of schools served by 

such agencies, for sustained, high-quality professional development activities that— 

ø(A) ensure that the individuals are able to use challenging State academic content standards and student academic achievement standards, and State assessments, to 

improve instructional practices and improve student academic achievement; 

ø(B) may include intensive programs designed to prepare such individuals who will return to a school to provide instruction related to the professional development 

described in subparagraph (A) to other such individuals 

within such school; and 

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ø(C) may include activities of partnerships between 

one or more local educational agencies, one or more schools 

served by such local educational agencies, and one or more 

institutions of higher education for the purpose of improving teaching and learning at low-performing schools. 

ø(b) COORDINATION.—An eligible partnership that receives a 

subgrant to carry out this subpart and a grant under section 203 

of the Higher Education Act of 1965 shall coordinate the activities 

carried out under this subpart and the activities carried out under 

that section 203.¿ 

øSubpart 4—Accountability¿ 

øSEC. 2141. TECHNICAL ASSISTANCE AND ACCOUNTABILITY. 

ø(a) IMPROVEMENT PLAN.—After the second year of the plan 

described in section 1119(a)(2), if a State educational agency determines, based on the reports described in section 1119(b)(1), that a 

local educational agency in the State has failed to make progress 

toward meeting the annual measurable objectives described in section 1119(a)(2), for 2 consecutive years, such local educational 

agency shall develop an improvement plan that will enable the 

agency to meet such annual measurable objectives and that specifically addresses issues that prevented the agency from meeting such 

annual measurable objectives. 

ø(b) TECHNICAL ASSISTANCE.—During the development of the 

improvement plan described in subsection (a) and throughout implementation of the plan, the State educational agency shall— 

ø(1) provide technical assistance to the local educational 

agency; and 

ø(2) provide technical assistance, if applicable, to schools 

served by the local educational agency that need assistance to 

enable the local educational agency to meet the annual measurable objectives described in section 1119(a)(2). 

ø(c) ACCOUNTABILITY.—After the third year of the plan described in section 1119(a)(2), if the State educational agency determines, based on the reports described in section 1119(b)(1), that 

the local educational agency has failed to make progress toward 

meeting the annual measurable objectives described in section 

1119(a)(2), and has failed to make adequate yearly progress as described under section 1111(b)(2)(B), for 3 consecutive years, the 

State educational agency shall enter into an agreement with such 

local educational agency on the use of that agency’s funds under 

this part. As part of this agreement, the State educational agency— 

ø(1) shall develop, in conjunction with the local educational 

agency, teachers, and principals, professional development 

strategies and activities, based on scientifically based research, 

that the local educational agency will use to meet the annual 

measurable objectives described in section 1119(a)(2) and require such agency to utilize such strategies and activities; and 

ø(2)(A) except as provided in subparagraphs (B) and (C), 

shall prohibit the use of funds received under part A of title 

I to fund any paraprofessional hired after the date such determination is made; 

ø(B) shall allow the use of such funds to fund a paraprofessional hired after that date if the local educational agency can 

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demonstrate that the hiring is to fill a vacancy created by the 

departure of another paraprofessional funded under title I and 

such new paraprofessional satisfies the requirements of section 

1119(c); and 

ø(C) may allow the use of such funds to fund a paraprofessional hired after that date if the local educational agency can 

demonstrate— 

ø(i) that a significant influx of population has substantially increased student enrollment; or 

ø(ii) that there is an increased need for translators or 

assistance with parental involvement activities. 

ø(d) SPECIAL RULE.—During the development of the strategies 

and activities described in subsection (c)(1), the State educational 

agency shall, in conjunction with the local educational agency, provide from funds allocated to such local educational agency under 

subpart 2 directly to one or more schools served by such local educational agency, to enable teachers at the schools to choose, with 

continuing consultation with the principal involved, professional 

development activities that— 

ø(1) meet the requirements for professional development 

activities described in section 9101; and 

ø(2) are coordinated with other reform efforts at the 

schools.¿ 

øSubpart 5—National Activities¿ 

øSEC. 2151. NATIONAL ACTIVITIES OF DEMONSTRATED EFFECTIVENESS. 

ø(a) NATIONAL TEACHER RECRUITMENT CAMPAIGN.—The Secretary is authorized to establish and carry out a national teacher 

recruitment campaign, which may include activities carried out 

through the National Teacher Recruitment Clearinghouse, to assist 

high-need local educational agencies in recruiting teachers (particularly those activities that are effective in retaining new teachers) 

and training teachers and to conduct a national public service campaign concerning the resources for, and the routes to, entering the 

field of teaching. In carrying out the campaign, the Secretary may 

promote and link the activities of the campaign to the information 

and referral activities of the National Teacher Recruitment Clearinghouse. The Secretary shall coordinate activities under this subsection with State and regional recruitment activities. 

ø(b) SCHOOL LEADERSHIP.— 

ø(1) IN GENERAL.—The Secretary is authorized to establish 

and carry out a national principal recruitment program to assist high-need local educational agencies in recruiting and 

training principals (including assistant principals) through 

such activities as— 

ø(A) providing financial incentives to aspiring new 

principals; 

ø(B) providing stipends to principals who mentor new 

principals; 

ø(C) carrying out professional development programs 

in instructional leadership and management; and 

ø(D) providing incentives that are appropriate for 

teachers or individuals from other fields who want to bemstockstill on DSK4VPTVN1PROD with HEARINGS

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come principals and that are effective in retaining new 

principals. 

ø(2) GRANTS.—If the Secretary uses sums made available 

under section 2103(b) to carry out paragraph (1), the Secretary 

shall carry out such paragraph by making grants, on a competitive basis, to— 

ø(A) high-need local educational agencies; 

ø(B) consortia of high-need local educational agencies; 

and 

ø(C) partnerships of high-need local educational agencies, nonprofit organizations, and institutions of higher 

education. 

ø(c) ADVANCED CERTIFICATION OR ADVANCED

CREDENTIALING.— 

ø(1) IN GENERAL.—The Secretary is authorized to support 

activities to encourage and support teachers seeking advanced 

certification or advanced credentialing through high quality 

professional teacher enhancement programs designed to improve teaching and learning. 

ø(2) IMPLEMENTATION.—In carrying out paragraph (1), the 

Secretary shall make grants to eligible entities to— 

ø(A) develop teacher standards that include measures 

tied to increased student academic achievement; and 

ø(B) promote outreach, teacher recruitment, teacher 

subsidy, or teacher support programs, related to teacher 

certification or credentialing by the National Board for 

Professional Teaching Standards, the National Council on 

Teacher Quality, or other nationally recognized certification or credentialing organizations. 

ø(3) ELIGIBLE ENTITIES.—In this subsection, the term ‘‘eligible entity’’ includes— 

ø(A) a State educational agency; 

ø(B) a local educational agency; 

ø(C) the National Board for Professional Teaching 

Standards, in partnership with a high-need local educational agency or a State educational agency; 

ø(D) the National Council on Teacher Quality, in partnership with a high-need local educational agency or a 

State educational agency; or 

ø(E) another recognized entity, including another recognized certification or credentialing organization, in partnership with a high-need local educational agency or a 

State educational agency. 

ø(d) SPECIAL EDUCATION TEACHER TRAINING.—The Secretary is 

authorized to award a grant to the University of Northern Colorado 

to enable such university to provide, to other institutions of higher 

education, assistance in training special education teachers. 

ø(e) EARLY CHILDHOOD EDUCATOR PROFESSIONAL DEVELOPMENT.— 

ø(1) PURPOSE.—The purpose of this subsection is to enhance the school readiness of young children, particularly disadvantaged young children, and to prevent young children 

from encountering difficulties once the children enter school, by 

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cators who work in communities that have high concentrations 

of children living in poverty. 

ø(2) PROGRAM AUTHORIZED.— 

ø(A) GRANTS TO PARTNERSHIPS.—The Secretary is authorized to carry out the purpose of this subsection by 

awarding grants, on a competitive basis, to partnerships 

consisting of— 

ø(i)(I) one or more institutions of higher education 

that provide professional development for early childhood educators who work with children from low-income families in high-need communities; or 

ø(II) another public or private entity that provides 

such professional development; 

ø(ii) one or more public agencies (including local 

educational agencies, State educational agencies, State 

human services agencies, and State and local agencies 

administering programs under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et 

seq.), Head Start agencies, or private organizations; 

and 

ø(iii) to the extent feasible, an entity with demonstrated experience in providing training to educators in early childhood education programs concerning identifying and preventing behavior problems 

or working with children identified as or suspected to 

be victims of abuse. 

ø(B) DURATION AND NUMBER OF GRANTS.— 

ø(i) DURATION.—The Secretary shall award grants 

under this subsection for periods of not more than 4 

years. 

ø(ii) NUMBER.—No partnership may receive more 

than one grant under this subsection. 

ø(3) APPLICATIONS.— 

ø(A) APPLICATIONS REQUIRED.—Any partnership that 

desires to receive a grant under this subsection shall submit an application to the Secretary at such time, in such 

manner, and containing such information as the Secretary 

may require. 

ø(B) CONTENTS.—Each such application shall include— 

ø(i) a description of the high-need community to 

be served by the project proposed to be carried out 

through the grant, including such demographic and socioeconomic information as the Secretary may request; 

ø(ii) information on the quality of the early childhood educator professional development program currently conducted (as of the date of the submission of 

the application) by the institution of higher education 

or another provider in the partnership; 

ø(iii) the results of a needs assessment that the 

entities in the partnership have undertaken to determine the most critical professional development needs 

of the early childhood educators to be served by the 

partnership and in the broader community, and a demstockstill on DSK4VPTVN1PROD with HEARINGS

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scription of how the proposed project will address 

those needs; 

ø(iv) a description of how the proposed project will 

be carried out, including a description of— 

ø(I) how individuals will be selected to participate; 

ø(II) the types of professional development activities, based on scientifically based research, 

that will be carried out; 

ø(III) how research on effective professional 

development and on adult learning will be used to 

design and deliver project activities; 

ø(IV) how the project will be coordinated with 

and build on, and will not supplant or duplicate, 

early childhood education professional development activities in the high-need community; 

ø(V) how the project will train early childhood 

educators to provide developmentally appropriate 

school-readiness services that are based on the 

best available research on early childhood pedagogy and child development and learning domains; 

ø(VI) how the project will train early childhood educators to meet the diverse educational 

needs of children in the community, including 

children who have limited English proficiency, 

children with disabilities, or children with other 

special needs; and 

ø(VII) how the project will train early childhood educators in identifying and preventing behavioral problems in children or working with 

children identified as or suspected to be victims of 

abuse; 

ø(v) a description of— 

ø(I) the specific objectives that the partnership will seek to attain through the project, and 

the methods that the partnership will use to 

measure progress toward attainment of those objectives; and 

ø(II) how the objectives and the measurement 

methods align with the achievement indicators established by the Secretary under paragraph (6)(A); 

ø(vi) a description of the partnership’s plan for 

continuing the activities carried out under the project 

after Federal funding ceases; 

ø(vii) an assurance that, where applicable, the 

project will provide appropriate professional development to volunteers working directly with young children, as well as to paid staff; and 

ø(viii) an assurance that, in developing the application and in carrying out the project, the partnership 

has consulted with, and will consult with, relevant 

agencies, early childhood educator organizations, and 

early childhood providers that are not members of the 

partnership. 

ø(4) SELECTION OF GRANT RECIPIENTS.— 

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ø(A) CRITERIA.—The Secretary shall select partnerships to receive grants under this subsection on the basis 

of the degree to which the communities proposed to be 

served require assistance and the quality of the applications submitted under paragraph (3). 

ø(B) GEOGRAPHIC DISTRIBUTION.—In selecting partnerships to receive grants under this subsection, the Secretary 

shall seek to ensure that communities in different regions 

of the Nation, as well as both urban and rural communities, are served. 

ø(5) USES OF FUNDS.— ø(A) IN GENERAL.—Each partnership receiving a grant 

under this subsection shall use the grant funds to carry 

out activities that will improve the knowledge and skills of 

early childhood educators who are working in early childhood programs that are located in high-need communities 

and serve concentrations of children from low-income families. 

ø(B) ALLOWABLE ACTIVITIES.—Such activities may include— 

ø(i) professional development for early childhood 

educators, particularly to familiarize those educators 

with the application of recent research on child, language, and literacy development and on early childhood pedagogy; 

ø(ii) professional development for early childhood 

educators in working with parents, so that the educators and parents can work together to provide and 

support developmentally appropriate school-readiness 

services that are based on scientifically based research 

on early childhood pedagogy and child development 

and learning domains; 

ø(iii) professional development for early childhood 

educators to work with children who have limited 

English proficiency, children with disabilities, and 

children with other special needs; 

ø(iv) professional development to train early childhood educators in identifying and preventing behavioral problems in children or working with children 

identified as or suspected to be victims of abuse; 

ø(v) activities that assist and support early childhood educators during their first 3 years in the field; 

ø(vi) development and implementation of early 

childhood educator professional development programs 

that make use of distance learning and other technologies; 

ø(vii) professional development activities related 

to the selection and use of screening and diagnostic assessments to improve teaching and learning; and 

ø(viii) data collection, evaluation, and reporting 

needed to meet the requirements of paragraph (6) relating to accountability. 

ø(6) ACCOUNTABILITY.— 

ø(A) ACHIEVEMENT INDICATORS.—On the date on 

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tions for grants under this subsection, the Secretary shall 

announce achievement indicators for this subsection, 

which shall be designed— 

ø(i) to measure the quality and accessibility of the 

professional development provided; 

ø(ii) to measure the impact of that professional development on the early childhood education provided 

by the individuals who receive the professional development; and 

ø(iii) to provide such other measures of program 

impact as the Secretary determines to be appropriate. 

ø(B) ANNUAL REPORTS; TERMINATION.— 

ø(i) ANNUAL REPORTS.—Each partnership receiving a grant under this subsection shall report annually 

to the Secretary on the partnership’s progress toward 

attaining the achievement indicators. 

ø(ii) TERMINATION.—The Secretary may terminate 

a grant under this subsection at any time if the Secretary determines that the partnership receiving the 

grant is not making satisfactory progress toward attaining the achievement indicators. 

ø(7) COST-SHARING.— ø(A) IN GENERAL.—Each partnership carrying out a 

project through a grant awarded under this subsection 

shall provide, from sources other than the program carried 

out under this subsection, which may include Federal 

sources— 

ø(i) at least 50 percent of the total cost of the 

project for the grant period; and 

ø(ii) at least 20 percent of the project cost for each 

year. 

ø(B) ACCEPTABLE CONTRIBUTIONS.—A partnership may 

meet the requirements of subparagraph (A) by providing 

contributions in cash or in kind, fairly evaluated, including 

plant, equipment, and services. 

ø(C) WAIVERS.—The Secretary may waive or modify 

the requirements of subparagraph (A) for partnerships in 

cases of demonstrated financial hardship. 

ø(8) FEDERAL COORDINATION.—The Secretary and the Secretary of Health and Human Services shall coordinate activities carried out through programs under this subsection with 

activities carried out through other early childhood programs 

administered by the Secretary or the Secretary of Health and 

Human Services. 

ø(9) DEFINITIONS.—In this subsection: 

ø(A) EARLY CHILDHOOD EDUCATOR.—The term ‘‘early 

childhood educator’’ means a person providing, or employed by a provider of, nonresidential child care services 

(including center-based, family-based, and in-home child 

care services) that is legally operating under State law, 

and that complies with applicable State and local requirements for the provision of child care services to children at 

any age from birth through the age at which a child may 

start kindergarten in that State. 

ø(B) HIGH-NEED COMMUNITY.— 

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ø(i) IN GENERAL.—The term ‘‘high-need community’’ means— 

ø(I) a political subdivision of a State, or a portion of a political subdivision of a State, in which 

at least 50 percent of the children are from lowincome families; or 

ø(II) a political subdivision of a State that is 

among the 10 percent of political subdivisions of 

the State having the greatest numbers of such 

children. 

ø(ii) DETERMINATION.—In determining which communities are described in clause (i), the Secretary 

shall use such data as the Secretary determines are 

most accurate and appropriate. 

ø(C) LOW-INCOME FAMILY.—The term ‘‘low-income family’’ means a family with an income below the poverty line 

for the most recent fiscal year for which satisfactory data 

are available. 

ø(f) TEACHER MOBILITY.— 

ø(1) ESTABLISHMENT.—The Secretary is authorized to establish a panel to be known as the National Panel on Teacher 

Mobility (referred to in this subsection as the ‘‘panel’’). 

ø(2) MEMBERSHIP.—The panel shall be composed of 12 

members appointed by the Secretary. The Secretary shall appoint the members from among practitioners and experts with 

experience relating to teacher mobility, such as teachers, members of teacher certification or licensing bodies, faculty of institutions of higher education that prepare teachers, and State 

policymakers with such experience. 

ø(3) PERIOD OF APPOINTMENT; VACANCIES.—Members shall 

be appointed for the life of the panel. Any vacancy in the panel 

shall not affect the powers of the panel, but shall be filled in 

the same manner as the original appointment. 

ø(4) DUTIES.— 

ø(A) STUDY.— ø(i) IN GENERAL.—The panel shall study strategies 

for increasing mobility and employment opportunities 

for highly qualified teachers, especially for States with 

teacher shortages and States with school districts or 

schools that are difficult to staff. 

ø(ii) DATA AND ANALYSIS.—As part of the study, 

the panel shall evaluate the desirability and feasibility 

of State initiatives that support teacher mobility by 

collecting data and conducting effective analysis concerning— 

ø(I) teacher supply and demand; 

ø(II) the development of recruitment and hiring strategies that support teachers; and 

ø(III) increasing reciprocity of certification 

and licensing across States. 

ø(B) REPORT.—Not later than 1 year after the date on 

which all members of the panel have been appointed, the 

panel shall submit to the Secretary and to the appropriate 

committees of Congress a report containing the results of 

the study. 

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ø(5) POWERS.— ø(A) HEARINGS.—The panel may hold such hearings, 

sit and act at such times and places, take such testimony, 

and receive such evidence as the panel considers advisable 

to carry out the objectives of this subsection. 

ø(B) INFORMATION FROM FEDERAL AGENCIES.—The 

panel may secure directly from any Federal department or 

agency such information as the panel considers necessary 

to carry out the provisions of this subsection. Upon request 

of a majority of the members of the panel, the head of such 

department or agency shall furnish such information to 

the panel. 

ø(C) POSTAL SERVICES.—The panel may use the United 

States mails in the same manner and under the same conditions as other departments and agencies of the Federal 

Government. 

ø(6) PERSONNEL.— ø(A) TRAVEL EXPENSES.—The members of the panel 

shall not receive compensation for the performance of services for the panel, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized 

for employees of agencies under subchapter I of chapter 57 

of title 5, United States Code, while away from their 

homes or regular places of business in the performance of 

services for the panel. Notwithstanding section 1342 of 

title 31, United States Code, the Secretary may accept the 

voluntary and uncompensated services of members of the 

panel. 

ø(B) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Government employee may be detailed to the panel 

without reimbursement, and such detail shall be without 

interruption or loss of civil service status or privilege. 

ø(7) PERMANENT COMMITTEE.—Section 14 of the Federal 

Advisory Committee Act (5 U.S.C. App.) shall not apply to the 

panel.¿ 

øPART B—MATHEMATICS AND SCIENCE 

PARTNERSHIPS¿ 

øSEC. 2201. PURPOSE; DEFINITIONS. 

ø(a) PURPOSE.—The purpose of this part is to improve the academic achievement of students in the areas of mathematics and 

science by encouraging State educational agencies, institutions of 

higher education, local educational agencies, elementary schools, 

and secondary schools to participate in programs that— 

ø(1) improve and upgrade the status and stature of mathematics and science teaching by encouraging institutions of 

higher education to assume greater responsibility for improving mathematics and science teacher education through the establishment of a comprehensive, integrated system of recruiting, training, and advising mathematics and science teachers; 

ø(2) focus on the education of mathematics and science 

teachers as a career-long process that continuously stimulates 

teachers’ intellectual growth and upgrades teachers’ knowledge 

and skills; 

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ø(3) bring mathematics and science teachers in elementary 

schools and secondary schools together with scientists, mathematicians, and engineers to increase the subject matter knowledge of mathematics and science teachers and improve such 

teachers’ teaching skills through the use of sophisticated laboratory equipment and work space, computing facilities, libraries, and other resources that institutions of higher education 

are better able to provide than the elementary schools and secondary schools; 

ø(4) develop more rigorous mathematics and science curricula that are aligned with challenging State and local academic content standards and with the standards expected for 

postsecondary study in engineering, mathematics, and science; 

and 

ø(5) improve and expand training of mathematics and 

science teachers, including training such teachers in the effective integration of technology into curricula and instruction. 

ø(b) DEFINITIONS.—In this part: 

ø(1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible partnership’’ means a partnership that— 

ø(A) shall include— 

ø(i) if grants are awarded under section 

2202(a)(1), a State educational agency; 

ø(ii) an engineering, mathematics, or science department of an institution of higher education; and 

ø(iii) a high-need local educational agency; and 

ø(B) may include— 

ø(i) another engineering, mathematics, science, or 

teacher training department of an institution of higher 

education; 

ø(ii) additional local educational agencies, public 

charter schools, public or private elementary schools 

or secondary schools, or a consortium of such schools; 

ø(iii) a business; or 

ø(iv) a nonprofit or for-profit organization of demonstrated effectiveness in improving the quality of 

mathematics and science teachers. 

ø(2) SUMMER WORKSHOP OR INSTITUTE.—The term ‘‘summer workshop or institute’’ means a workshop or institute, conducted during the summer, that— 

ø(A) is conducted for a period of not less than 2 weeks; 

ø(B) includes, as a component, a program that provides direct interaction between students and faculty; and 

ø(C) provides for followup training during the academic year that is conducted in the classroom for a period 

of not less than three consecutive or nonconsecutive days, 

except that— 

ø(i) if the workshop or institute is conducted during a 2-week period, the followup training shall be 

conducted for a period of not less than 4 days; and 

ø(ii) if the followup training is for teachers in 

rural school districts, the followup training may be 

conducted through distance learning.¿ 

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øSEC. 2202. GRANTS FOR MATHEMATICS AND SCIENCE PARTNERSHIPS. 

ø(a) GRANTS AUTHORIZED.— 

ø(1) GRANTS TO PARTNERSHIPS.—For any fiscal year for 

which the funds appropriated under section 2203 are less than 

$100,000,000, the Secretary is authorized to award grants, on 

a competitive basis, to eligible partnerships to carry out the 

authorized activities described in subsection (c). 

ø(2) GRANTS TO STATE EDUCATIONAL AGENCIES.— 

ø(A) IN GENERAL.—For any fiscal year for which the 

funds appropriated under section 2203 equal or exceed 

$100,000,000— 

ø(i) if an eligible partnership in the State was previously awarded a grant under paragraph (1), and the 

grant period has not ended, the Secretary shall reserve funds in a sufficient amount to make payments 

to the partnership in accordance with the terms of the 

grant; and 

ø(ii) the Secretary is authorized to award grants 

to State educational agencies to enable such agencies 

to award subgrants, on a competitive basis, to eligible 

partnerships to carry out the authorized activities described in subsection (c). 

ø(B) ALLOTMENT.—The Secretary shall allot the 

amount made available under this part for a fiscal year 

and not reserved under subparagraph (A)(i) among the 

State educational agencies in proportion to the number of 

children, aged 5 to 17, who are from families with incomes 

below the poverty line and reside in a State for the most 

recent fiscal year for which satisfactory data are available, 

as compared to the number of such children who reside in 

all such States for such year. 

ø(C) MINIMUM ALLOTMENT.—The amount of any State 

educational agency’s allotment under subparagraph (B) for 

any fiscal year may not be less than one-half of 1 percent 

of the amount made available under this part for such 

year. 

ø(3) DURATION.—The Secretary shall award grants under 

this part for a period of 3 years. 

ø(4) SUPPLEMENT, NOT SUPPLANT.—Funds received under 

this part shall be used to supplement, and not supplant, funds 

that would otherwise be used for activities authorized under 

this part. 

ø(b) APPLICATION REQUIREMENTS.— ø(1) IN GENERAL.—Each eligible partnership desiring a 

grant or subgrant under this part shall submit an application— 

ø(A) in the case of grants awarded pursuant to subsection (a)(1), to the Secretary, at such time, in such manner, and accompanied by such information as the Secretary may require; or 

ø(B) in the case of subgrants awarded pursuant to 

subsection (a)(2), to the State educational agency, at such 

time, in such manner, and accompanied by such information as the State educational agency may require. 

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ø(2) CONTENTS.—Each application submitted pursuant to 

paragraph (1) shall include— 

ø(A) the results of a comprehensive assessment of the 

teacher quality and professional development needs of any 

schools, local educational agencies, and State educational 

agencies that comprise the eligible partnership with respect to the teaching and learning of mathematics and 

science; 

ø(B) a description of how the activities to be carried 

out by the eligible partnership will be aligned with challenging State academic content and student academic 

achievement standards in mathematics and science and 

with other educational reform activities that promote student academic achievement in mathematics and science; 

ø(C) a description of how the activities to be carried 

out by the eligible partnership will be based on a review 

of scientifically based research, and an explanation of how 

the activities are expected to improve student academic 

achievement and strengthen the quality of mathematics 

and science instruction; 

ø(D) a description of— 

ø(i) how the eligible partnership will carry out the 

authorized activities described in subsection (c); and 

ø(ii) the eligible partnership’s evaluation and accountability plan described in subsection (e); and 

ø(E) a description of how the eligible partnership will 

continue the activities funded under this part after the 

original grant or subgrant period has expired. 

ø(c) AUTHORIZED ACTIVITIES.—An eligible partnership shall use 

funds provided under this part for one or more of the following activities related to elementary schools or secondary schools: 

ø(1) Creating opportunities for enhanced and ongoing professional development of mathematics and science teachers 

that improves the subject matter knowledge of such teachers. 

ø(2) Promoting strong teaching skills for mathematics and 

science teachers and teacher educators, including integrating 

reliable scientifically based research teaching methods and 

technology-based teaching methods into the curriculum. 

ø(3) Establishing and operating mathematics and science 

summer workshops or institutes, including followup training, 

for elementary school and secondary school mathematics and 

science teachers that— 

ø(A) shall— 

ø(i) directly relate to the curriculum and academic 

areas in which the teacher provides instruction, and 

focus only secondarily on pedagogy; 

ø(ii) enhance the ability of the teacher to understand and use the challenging State academic content 

standards for mathematics and science and to select 

appropriate curricula; and 

ø(iii) train teachers to use curricula that are— 

ø(I) based on scientific research; 

ø(II) aligned with challenging State academic 

content standards; and 

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ø(III) object-centered, experiment-oriented, 

and concept- and content-based; and 

ø(B) may include— 

ø(i) programs that provide teachers and prospective teachers with opportunities to work under the 

guidance of experienced teachers and college faculty; 

ø(ii) instruction in the use of data and assessments to inform and instruct classroom practice; and 

ø(iii) professional development activities, including 

supplemental and followup activities, such as curriculum alignment, distance learning, and activities 

that train teachers to utilize technology in the classroom. 

ø(4) Recruiting mathematics, engineering, and science majors to teaching through the use of— 

ø(A) signing and performance incentives that are 

linked to activities proven effective in retaining teachers, 

for individuals with demonstrated professional experience 

in mathematics, engineering, or science; 

ø(B) stipends provided to mathematics and science 

teachers for certification through alternative routes; 

ø(C) scholarships for teachers to pursue advanced 

course work in mathematics, engineering, or science; and 

ø(D) other programs that the State educational agency 

determines to be effective in recruiting and retaining individuals with strong mathematics, engineering, or science 

backgrounds. 

ø(5) Developing or redesigning more rigorous mathematics 

and science curricula that are aligned with challenging State 

and local academic content standards and with the standards 

expected for postsecondary study in mathematics and science. 

ø(6) Establishing distance learning programs for mathematics and science teachers using curricula that are innovative, content-based, and based on scientifically based research 

that is current as of the date of the program involved. 

ø(7) Designing programs to prepare a mathematics or 

science teacher at a school to provide professional development 

to other mathematics or science teachers at the school and to 

assist beginning and other teachers at the school, including (if 

applicable) a mechanism to integrate the teacher’s experiences 

from a summer workshop or institute into the provision of professional development and assistance. 

ø(8) Establishing and operating programs to bring mathematics and science teachers into contact with working scientists, mathematicians, and engineers, to expand such teachers’ subject matter knowledge of and research in science and 

mathematics. 

ø(9) Designing programs to identify and develop exemplary 

mathematics and science teachers in the kindergarten through 

grade 8 classrooms. 

ø(10) Training mathematics and science teachers and developing programs to encourage young women and other 

underrepresented individuals in mathematics and science careers (including engineering and technology) to pursue postsecondary degrees in majors leading to such careers. 

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ø(d) COORDINATION AND CONSULTATION.— 

ø(1) PARTNERSHIP GRANTS.—An eligible partnership receiving a grant under section 203 of the Higher Education Act of 

1965 shall coordinate the use of such funds with any related 

activities carried out by such partnership with funds made 

available under this part. 

ø(2) NATIONAL SCIENCE FOUNDATION.—In carrying out the 

activities authorized by this part, the Secretary shall consult 

and coordinate with the Director of the National Science Foundation, particularly with respect to the appropriate roles for 

the Department and the Foundation in the conduct of summer 

workshops, institutes, or partnerships to improve mathematics 

and science teaching in elementary schools and secondary 

schools. 

ø(e) EVALUATION AND ACCOUNTABILITY PLAN.— 

ø(1) IN GENERAL.—Each eligible partnership receiving a 

grant or subgrant under this part shall develop an evaluation 

and accountability plan for activities assisted under this part 

that includes rigorous objectives that measure the impact of activities funded under this part. 

ø(2) CONTENTS.—The plan developed pursuant to paragraph (1)— 

ø(A) shall include measurable objectives to increase 

the number of mathematics and science teachers who participate in content-based professional development activities; 

ø(B) shall include measurable objectives for improved 

student academic achievement on State mathematics and 

science assessments or, where applicable, an International 

Mathematics and Science Study assessment; and 

ø(C) may include objectives and measures for— 

ø(i) increased participation by students in advanced courses in mathematics and science; 

ø(ii) increased percentages of elementary school 

teachers with academic majors or minors, or group 

majors or minors, in mathematics, engineering, or the 

sciences; and 

ø(iii) increased percentages of secondary school 

classes in mathematics and science taught by teachers 

with academic majors in mathematics, engineering, 

and science. 

ø(f) REPORT.—Each eligible partnership receiving a grant or 

subgrant under this part shall report annually to the Secretary regarding the eligible partnership’s progress in meeting the objectives described in the accountability plan of the partnership under 

subsection (e).¿ 

øSEC. 2203. AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated to carry out this part 

$450,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.¿ 

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øPART C—INNOVATION FOR TEACHER 

QUALITY¿ 

øSubpart 1—Transitions to Teaching¿ 

øCHAPTER B—TRANSITION TO TEACHING PROGRAM¿ 

øSEC. 2311. PURPOSES. 

øThe purposes of this chapter are— 

ø(1) to establish a program to recruit and retain highly 

qualified mid-career professionals (including highly qualified 

paraprofessionals), and recent graduates of an institution of 

higher education, as teachers in high-need schools, including 

recruiting teachers through alternative routes to certification; 

and 

ø(2) to encourage the development and expansion of alternative routes to certification under State-approved programs 

that enable individuals to be eligible for teacher certification 

within a reduced period of time, relying on the experience, expertise, and academic qualifications of an individual, or other 

factors in lieu of traditional course work in the field of education.¿ 

øSEC. 2312. DEFINITIONS. 

øIn this chapter: 

ø(1) ELIGIBLE PARTICIPANT.—The term ‘‘eligible participant’’ means— 

ø(A) an individual with substantial, demonstrable career experience, including a highly qualified paraprofessional; or 

ø(B) an individual who is a graduate of an institution 

of higher education who— 

ø(i) has graduated not more than 3 years before 

applying to an eligible entity to teach under this chapter; and 

ø(ii) in the case of an individual wishing to teach 

in a secondary school, has completed an academic 

major (or courses totaling an equivalent number of 

credit hours) in the academic subject that the individual will teach. 

ø(2) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘‘high-need local educational agency’’ has the meaning given 

the term in section 2102. 

ø(3) HIGH-NEED SCHOOL.—The term ‘‘high-need school’’ 

means a school that— 

ø(A) is located in an area in which the percentage of 

students from families with incomes below the poverty line 

is 30 percent or more; or 

ø(B)(i) is located in an area with a high percentage of 

out-of-field teachers, as defined in section 2102; 

ø(ii) is within the top quartile of elementary schools 

and secondary schools statewide, as ranked by the number 

of unfilled, available teacher positions at the schools; 

ø(iii) is located in an area in which there is a high 

teacher turnover rate; or 

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ø(iv) is located in an area in which there is a high percentage of teachers who are not certified or licensed.¿ 

øSEC. 2313. GRANT PROGRAM. 

ø(a) IN GENERAL.—The Secretary may establish a program to 

make grants on a competitive basis to eligible entities to develop 

State and local teacher corps or other programs to establish, expand, or enhance teacher recruitment and retention efforts. 

ø(b) ELIGIBLE ENTITY.—To be eligible to receive a grant under 

this section, an entity shall be— 

ø(1) a State educational agency; 

ø(2) a high-need local educational agency; 

ø(3) a for-profit or nonprofit organization that has a proven 

record of effectively recruiting and retaining highly qualified 

teachers, in a partnership with a high-need local educational 

agency or with a State educational agency; 

ø(4) an institution of higher education, in a partnership 

with a high-need local educational agency or with a State educational agency; 

ø(5) a regional consortium of State educational agencies; or 

ø(6) a consortium of high-need local educational agencies. 

ø(c) PRIORITY.—In making such a grant, the Secretary shall 

give priority to a partnership or consortium that includes a highneed State educational agency or local educational agency. 

ø(d) APPLICATION.— ø(1) IN GENERAL.—To be eligible to receive a grant under 

this section, an entity described in subsection (b) shall submit 

an application to the Secretary at such time, in such manner, 

and containing such information as the Secretary may require. 

ø(2) CONTENTS.—The application shall describe— 

ø(A) one or more target recruitment groups on which 

the applicant will focus its recruitment efforts; 

ø(B) the characteristics of each such target group 

that— 

ø(i) show the knowledge and experience of the 

group’s members; and 

ø(ii) demonstrate that the members are eligible to 

achieve the objectives of this section; 

ø(C) describe how the applicant will use funds received 

under this section to develop a teacher corps or other program to recruit and retain highly qualified midcareer professionals (which may include highly qualified paraprofessionals), recent college graduates, and recent graduate 

school graduates, as highly qualified teachers in high-need 

schools operated by high-need local educational agencies; 

ø(D) explain how the program carried out under the 

grant will meet the relevant State laws (including regulations) related to teacher certification or licensing and facilitate the certification or licensing of such teachers; 

ø(E) describe how the grant will increase the number 

of highly qualified teachers, in high-need schools operated 

by high-need local educational agencies (in urban or rural 

school districts), and in high-need academic subjects, in 

the jurisdiction served by the applicant; and 

ø(F) describe how the applicant will collaborate, as 

needed, with other institutions, agencies, or organizations 

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to recruit (particularly through activities that have proven 

effective in retaining highly qualified teachers), train, 

place, support, and provide teacher induction programs to 

program participants under this chapter, including providing evidence of the commitment of the institutions, 

agencies, or organizations to the applicant’s programs. 

ø(e) DURATION OF GRANTS.—The Secretary may make grants 

under this section for periods of 5 years. At the end of the 5-year 

period for such a grant, the grant recipient may apply for an additional grant under this section. 

ø(f) EQUITABLE DISTRIBUTION.—To the extent practicable, the 

Secretary shall ensure an equitable geographic distribution of 

grants under this section among the regions of the United States. 

ø(g) USES OF FUNDS.— 

ø(1) IN GENERAL.—An entity that receives a grant under 

this section shall use the funds made available through the 

grant to develop a teacher corps or other program in order to 

establish, expand, or enhance a teacher recruitment and retention program for highly qualified mid-career professionals (including highly qualified paraprofessionals), and recent graduates of an institution of higher education, who are eligible 

participants, including activities that provide alternative 

routes to teacher certification. 

ø(2) AUTHORIZED ACTIVITIES.—The entity shall use the 

funds to carry out a program that includes two or more of the 

following activities: 

ø(A) Providing scholarships, stipends, bonuses, and 

other financial incentives, that are linked to participation 

in activities that have proven effective in retaining teachers in high-need schools operated by high-need local educational agencies, to all eligible participants, in an amount 

not to exceed $5,000 per participant. 

ø(B) Carrying out pre- and post-placement induction 

or support activities that have proven effective in recruiting and retaining teachers, such as— 

ø(i) teacher mentoring; 

ø(ii) providing internships; 

ø(iii) providing high-quality, preservice 

coursework; and 

ø(iv) providing high-quality, sustained inservice 

professional development. 

ø(C) Carrying out placement and ongoing activities to 

ensure that teachers are placed in fields in which the 

teachers are highly qualified to teach and are placed in 

high-need schools. 

ø(D) Making payments to pay for costs associated with 

accepting teachers recruited under this section from 

among eligible participants or provide financial incentives 

to prospective teachers who are eligible participants. 

ø(E) Collaborating with institutions of higher education in developing and implementing programs to facilitate teacher recruitment (including teacher credentialing) 

and teacher retention programs. 

ø(F) Carrying out other programs, projects, and activities that are designed and have proven to be effective in 

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recruiting and retaining teachers, and that the Secretary 

determines to be appropriate. 

ø(G) Developing long-term recruitment and retention 

strategies including developing— 

ø(i) a statewide or regionwide clearinghouse for 

the recruitment and placement of teachers; 

ø(ii) administrative structures to develop and implement programs to provide alternative routes to certification; 

ø(iii) reciprocity agreements between or among 

States for the certification or licensing of teachers; or 

ø(iv) other long-term teacher recruitment and retention strategies. 

ø(3) EFFECTIVE PROGRAMS.—The entity shall use the funds 

only for programs that have proven to be effective in both recruiting and retaining teachers. 

ø(h) REQUIREMENTS.— ø(1) TARGETING.—An entity that receives a grant under 

this section to carry out a program shall ensure that participants in the program recruited with funds made available 

under this section are placed in high-need schools operated by 

high-need local educational agencies. In placing the participants in the schools, the entity shall give priority to the 

schools that are located in areas with the highest percentages 

of students from families with incomes below the poverty line. 

ø(2) SUPPLEMENT, NOT SUPPLANT.—Funds made available 

under this section shall be used to supplement, and not supplant, State and local public funds expended for teacher recruitment and retention programs, including programs to recruit the teachers through alternative routes to certification. 

ø(3) PARTNERSHIPS AND CONSORTIA OF LOCAL EDUCATIONAL

AGENCIES.—In the case of a partnership established by a local 

educational agency to carry out a program under this chapter, 

or a consortium of such agencies established to carry out a program under this chapter, the local educational agency or consortium shall not be eligible to receive funds through a State 

program under this chapter. 

ø(i) PERIOD OF SERVICE.—A program participant in a program 

under this chapter who receives training through the program shall 

serve a high-need school operated by a high-need local educational 

agency for at least 3 years. 

ø(j) REPAYMENT.—The Secretary shall establish such requirements as the Secretary determines to be appropriate to ensure that 

program participants who receive a stipend or other financial incentive under subsection (g)(2)(A), but fail to complete their service 

obligation under subsection (i), repay all or a portion of such stipend or other incentive. 

ø(k) ADMINISTRATIVE FUNDS.—No entity that receives a grant 

under this section shall use more than 5 percent of the funds made 

available through the grant for the administration of a program 

under this chapter carried out under the grant.¿ 

øSEC. 2314. EVALUATION AND ACCOUNTABILITY FOR RECRUITING 

AND RETAINING TEACHERS. 

ø(a) EVALUATION.—Each entity that receives a grant under this 

chapter shall conduct— 

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ø(1) an interim evaluation of the program funded under 

the grant at the end of the third year of the grant period; and 

ø(2) a final evaluation of the program at the end of the 

fifth year of the grant period. 

ø(b) CONTENTS.—In conducting the evaluation, the entity shall 

describe the extent to which local educational agencies that received funds through the grant have met the goals relating to 

teacher recruitment and retention described in the application. 

ø(c) REPORTS.—The entity shall prepare and submit to the Secretary and to Congress interim and final reports containing the results of the interim and final evaluations, respectively. 

ø(d) REVOCATION.—If the Secretary determines that the recipient of a grant under this chapter has not made substantial 

progress in meeting such goals and the objectives of the grant by 

the end of the third year of the grant period, the Secretary— 

ø(1) shall revoke the payment made for the fourth year of 

the grant period; and 

ø(2) shall not make a payment for the fifth year of the 

grant period.¿ 

øCHAPTER C—GENERAL PROVISIONS¿ 

øSEC. 2321. AUTHORIZATION OF APPROPRIATIONS. 

ø(a) IN GENERAL.—There are authorized to be appropriated to 

carry out this subpart $150,000,000 for fiscal year 2002 and such 

sums as may be necessary for each of the 5 succeeding fiscal years. 

ø(b) RESERVATION.—From the funds appropriated to carry out 

this subpart for fiscal year 2002, the Secretary shall reserve not 

more than $30,000,000 to carry out chapter A.¿ 

øSubpart 2—National Writing Project¿ 

øSEC. 2331. PURPOSES. 

øThe purposes of this subpart are— 

ø(1) to support and promote the expansion of the National 

Writing Project network of sites so that teachers in every region of the United States will have access to a National Writing Project program; 

ø(2) to ensure the consistent high quality of the sites 

through ongoing review, evaluation, and technical assistance; 

ø(3) to support and promote the establishment of programs 

to disseminate effective practices and research findings about 

the teaching of writing; and 

ø(4) to coordinate activities assisted under this subpart 

with activities assisted under this Act.¿ 

øSEC. 2332. NATIONAL WRITING PROJECT. 

ø(a) AUTHORIZATION.—The Secretary is authorized to award a 

grant to the National Writing Project, a nonprofit educational organization that has as its primary purpose the improvement of the 

quality of student writing and learning (hereafter in this section referred to as the ‘‘grantee’’) to improve the teaching of writing and 

the use of writing as a part of the learning process in our Nation’s 

classrooms. 

ø(b) REQUIREMENTS OF GRANT.—The grant shall provide that— 

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ø(1) the grantee will enter into contracts with institutions 

of higher education or other nonprofit educational providers 

(hereafter in this section referred to as ‘‘contractors’’) under 

which the contractors will agree to establish, operate, and provide the non-Federal share of the cost of teacher training programs in effective approaches and processes for the teaching of 

writing; 

ø(2) funds made available by the Secretary to the grantee 

pursuant to any contract entered into under this section will 

be used to pay the Federal share of the cost of establishing and 

operating teacher training programs as provided in paragraph 

(1); and 

ø(3) the grantee will meet such other conditions and standards as the Secretary determines to be necessary to assure 

compliance with the provisions of this section and will provide 

such technical assistance as may be necessary to carry out the 

provisions of this section. 

ø(c) TEACHER TRAINING PROGRAMS.—The teacher training programs authorized in subsection (a) shall— 

ø(1) be conducted during the school year and during the 

summer months; 

ø(2) train teachers who teach grades kindergarten through 

college; 

ø(3) select teachers to become members of a National Writing Project teacher network whose members will conduct writing workshops for other teachers in the area served by each 

National Writing Project site; and 

ø(4) encourage teachers from all disciplines to participate 

in such teacher training programs. 

ø(d) FEDERAL SHARE.— 

ø(1) IN GENERAL.—Except as provided in paragraph (2) or 

(3) and for purposes of subsection (a), the term ‘‘Federal share’’ 

means, with respect to the costs of teacher training programs 

authorized in subsection (a), 50 percent of such costs to the 

contractor. 

ø(2) WAIVER.—The Secretary may waive the provisions of 

paragraph (1) on a case-by-case basis if the National Advisory 

Board described in subsection (e) determines, on the basis of 

financial need, that such waiver is necessary. 

ø(3) MAXIMUM.—The Federal share of the costs of teacher 

training programs conducted pursuant to subsection (a) may 

not exceed $100,000 for any one contractor, or $200,000 for a 

statewide program administered by any one contractor in at 

least five sites throughout the State. 

ø(e) NATIONAL ADVISORY BOARD.— 

ø(1) ESTABLISHMENT.—The National Writing Project shall 

establish and operate a National Advisory Board. 

ø(2) COMPOSITION.—The National Advisory Board established pursuant to paragraph (1) shall consist of— 

ø(A) national educational leaders; 

ø(B) leaders in the field of writing; and 

ø(C) such other individuals as the National Writing 

Project determines necessary. 

ø(3) DUTIES.—The National Advisory Board established 

pursuant to paragraph (1) shall— 

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ø(A) advise the National Writing Project on national 

issues related to student writing and the teaching of writing; 

ø(B) review the activities and programs of the National Writing Project; and 

ø(C) support the continued development of the National Writing Project. 

ø(f) EVALUATION.— 

ø(1) IN GENERAL.—The Secretary shall conduct an independent evaluation by grant or contract of the teacher training 

programs administered pursuant to this subpart. Such evaluation shall specify the amount of funds expended by the National Writing Project and each contractor receiving assistance 

under this section for administrative costs. The results of such 

evaluation shall be made available to the appropriate committees of Congress. 

ø(2) FUNDING LIMITATION.—The Secretary shall reserve not 

more than $150,000 from the total amount appropriated pursuant to the authority of subsection (h) for fiscal year 2002 and 

each of the 5 succeeding fiscal years to conduct the evaluation 

described in paragraph (1). 

ø(g) APPLICATION REVIEW.— 

ø(1) REVIEW BOARD.—The National Writing Project shall 

establish and operate a National Review Board that shall consist of— 

ø(A) leaders in the field of research in writing; and 

ø(B) such other individuals as the National Writing 

Project deems necessary. 

ø(2) DUTIES.—The National Review Board shall— 

ø(A) review all applications for assistance under this 

subsection; and 

ø(B) recommend applications for assistance under this 

subsection for funding by the National Writing Project. 

ø(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subpart $15,000,000 as 

may be necessary for fiscal year 2002 and each of the 5 succeeding 

fiscal years.¿ 

øSubpart 3—Civic Education ¿ 

øSEC. 2341. SHORT TITLE. 

øThis subpart may be cited as the ‘‘Education for Democracy 

Act’’.¿ 

øSEC. 2342. PURPOSE. 

øIt is the purpose of this subpart— 

ø(1) to improve the quality of civics and government education by educating students about the history and principles 

of the Constitution of the United States, including the Bill of 

Rights; 

ø(2) to foster civic competence and responsibility; and 

ø(3) to improve the quality of civic education and economic 

education through cooperative civic education and economic 

education exchange programs with emerging democracies.¿ 

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øSEC. 2343. GENERAL AUTHORITY. 

ø(a) AUTHORITY.—The Secretary is authorized to award grants 

to, or enter into contracts with— 

ø(1) the Center for Civic Education, to carry out civic education activities under sections 2344 and 2345; 

ø(2) the National Council on Economic Education, to carry 

out economic education activities under section 2345; and 

ø(3) organizations experienced in the development of curricula and programs in civics and government education and 

economic education for students in elementary schools and secondary schools in countries other than the United States, to 

carry out civic education activities under section 2345. 

ø(b) DISTRIBUTION FOR COOPERATIVE CIVIC EDUCATION AND

ECONOMIC EDUCATION EXCHANGE PROGRAMS.— 

ø(1) LIMITATION.—Not more than 40 percent of the amount 

appropriated under section 2346 for a fiscal year shall be used 

to carry out section 2345. 

ø(2) DISTRIBUTION.—Of the amount used to carry out section 2345 for a fiscal year (consistent with paragraph (1)), the 

Secretary shall use— 

ø(A) 37.5 percent for a grant or contract for the Center 

for Civic Education; 

ø(B) 37.5 percent for a grant or contract for the National Council on Economic Education; and 

ø(C) 25 percent for not less than 1, but not more than 

3, grants or contracts for organizations described in subsection (a)(3).¿ 

øSEC. 2344. WE THE PEOPLE PROGRAM. 

ø(a) THE CITIZEN AND THE CONSTITUTION.— 

ø(1) EDUCATIONAL ACTIVITIES.—The Center for Civic Education— 

ø(A) shall use funds made available under grants or 

contracts under section 2343(a)(1)— 

ø(i) to continue and expand the educational activities of the program entitled the ‘‘We the People . . . The 

Citizen and the Constitution’’ program administered 

by such center; 

ø(ii) to carry out activities to enhance student attainment of challenging academic content standards in 

civics and government; 

ø(iii) to provide a course of instruction on the 

basic principles of the Nation’s constitutional democracy and the history of the Constitution of the United 

States, including the Bill of Rights; 

ø(iv) to provide, at the request of a participating 

school, school and community simulated congressional 

hearings following the course of instruction described 

in clause (iii); and 

ø(v) to provide an annual national competition of 

simulated congressional hearings for secondary school 

students who wish to participate in such a program; 

and 

ø(B) may use funds made available under grants or 

contracts under section 2343(a)(1)— 

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ø(i) to provide advanced, sustained, and ongoing 

training of teachers about the Constitution of the 

United States and the political system of the United 

States; 

ø(ii) to provide materials and methods of instruction, including teacher training, that utilize the latest 

advancements in educational technology; and 

ø(iii) to provide civic education materials and services to address specific problems such as the prevention of school violence and the abuse of drugs and alcohol. 

ø(2) AVAILABILITY OF PROGRAM.—The education program 

authorized under this subsection shall be made available to 

public and private elementary schools and secondary schools, 

including Bureau funded schools, in the 435 congressional districts, and in the District of Columbia, the Commonwealth of 

Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana 

Islands. 

ø(b) PROJECT CITIZEN.— 

ø(1) EDUCATIONAL ACTIVITIES.—The Center for Civic Education— 

ø(A) shall use funds made available under grants or 

contracts under section 2343(a)(1)— 

ø(i) to continue and expand the educational activities of the program entitled the ‘‘We the People . . . 

Project Citizen’’ program administered by the Center; 

ø(ii) to carry out activities to enhance student attainment of challenging academic content standards in 

civics and government; 

ø(iii) to provide a course of instruction at the middle school level on the roles of State and local governments in the Federal system established by the Constitution of the United States; and 

ø(iv) to provide an annual national showcase or 

competition; and 

ø(B) may use funds made available under grants or 

contracts under section 2343(a)(1)— 

ø(i) to provide optional school and community simulated State legislative hearings; 

ø(ii) to provide advanced, sustained, and ongoing 

training of teachers on the roles of State and local governments in the Federal system established by the 

Constitution of the United States; 

ø(iii) to provide materials and methods of instruction, including teacher training, that utilize the latest 

advancements in educational technology; and 

ø(iv) to provide civic education materials and services to address specific problems such as the prevention of school violence and the abuse of drugs and alcohol. 

ø(2) AVAILABILITY OF PROGRAM.—The education program 

authorized under this subsection shall be made available to 

public and private middle schools, including Bureau funded 

schools, in the 50 States of the United States, the District of 

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Columbia, the Commonwealth of Puerto Rico, the United 

States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 

ø(c) BUREAU-FUNDED SCHOOL DEFINED.—In this section, the 

term ‘‘Bureau-funded school’’ has the meaning given such term in 

section 1146 of the Education Amendments of 1978 (25 U.S.C. 

2026).¿ 

øSEC. 2345. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDUCATION EXCHANGE PROGRAMS. 

ø(a) COOPERATIVE EDUCATION EXCHANGE PROGRAMS.—The 

Center for Civic Education, the National Council on Economic Education, and organizations described in section 2343(a)(3) shall use 

funds made available under grants or contracts under section 2343 

to carry out cooperative education exchange programs in accordance with this section. 

ø(b) PURPOSE.—The purpose of the cooperative education exchange programs carried out under this section shall be— 

ø(1) to make available to educators from eligible countries 

exemplary curriculum and teacher training programs in civics 

and government education, and economics education, developed 

in the United States; 

ø(2) to assist eligible countries in the adaptation, implementation, and institutionalization of such programs; 

ø(3) to create and implement civics and government education, and economic education, programs for students that 

draw upon the experiences of the participating eligible countries; 

ø(4) to provide a means for the exchange of ideas and experiences in civics and government education, and economic 

education, among political, educational, governmental, and private sector leaders of participating eligible countries; and 

ø(5) to provide support for— 

ø(A) independent research and evaluation to determine the effects of educational programs on students’ development of the knowledge, skills, and traits of character 

essential for the preservation and improvement of constitutional democracy; and 

ø(B) effective participation in, and the preservation 

and improvement of, an efficient market economy. 

ø(c) ACTIVITIES.—In carrying out the cooperative education exchange programs assisted under this section, the Center for Civic 

Education, the National Council on Economic Education, and organizations described in section 2343(a)(3) shall— 

ø(1) provide to the participants from eligible countries— 

ø(A) seminars on the basic principles of United States 

constitutional democracy and economic system, including 

seminars on the major governmental and economic institutions and systems in the United States, and visits to such 

institutions; 

ø(B) visits to school systems, institutions of higher 

education, and nonprofit organizations conducting exemplary programs in civics and government education, and 

economic education, in the United States; 

ø(C) translations and adaptations with respect to 

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417 

nomic education, curricular programs for students and 

teachers, and in the case of training programs for teachers, 

translations and adaptations into forms useful in schools 

in eligible countries, and joint research projects in such 

areas; and 

ø(D) independent research and evaluation assistance— 

ø(i) to determine the effects of the cooperative 

education exchange programs on students’ development of the knowledge, skills, and traits of character 

essential for the preservation and improvement of constitutional democracy; and 

ø(ii) to identify effective participation in, and the 

preservation and improvement of, an efficient market 

economy; 

ø(2) provide to the participants from the United States— 

ø(A) seminars on the histories, economies, and systems of government of eligible countries; 

ø(B) visits to school systems, institutions of higher 

education, and organizations conducting exemplary programs in civics and government education, and economic 

education, located in eligible countries; 

ø(C) assistance from educators and scholars in eligible 

countries in the development of curricular materials on the 

history, government, and economy of such countries that 

are useful in United States classrooms; 

ø(D) opportunities to provide onsite demonstrations of 

United States curricula and pedagogy for educational leaders in eligible countries; and 

ø(E) independent research and evaluation assistance 

to determine— 

ø(i) the effects of the cooperative education exchange programs assisted under this section on students’ development of the knowledge, skills, and traits 

of character essential for the preservation and improvement of constitutional democracy; and 

ø(ii) effective participation in, and improvement 

of, an efficient market economy; and 

ø(3) assist participants from eligible countries and the 

United States to participate in international conferences on 

civics and government education, and economic education, for 

educational leaders, teacher trainers, scholars in related disciplines, and educational policymakers. 

ø(d) PARTICIPANTS.—The primary participants in the cooperative education exchange programs assisted under this section shall 

be educational leaders in the areas of civics and government education, and economic education, including teachers, curriculum and 

teacher training specialists, scholars in relevant disciplines, and 

educational policymakers, and government and private sector leaders from the United States and eligible countries. 

ø(e) CONSULTATION.—The Secretary may award a grant to, or 

enter into a contract with, the entities described in section 2343 to 

carry out programs assisted under this section only if the Secretary 

of State concurs with the Secretary that such grant, or contract, respectively, is consistent with the foreign policy of the United 

States. 

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ø(f) AVOIDANCE OF DUPLICATION.—With the concurrence of the 

Secretary of State, the Secretary shall ensure that— 

ø(1) the activities carried out under the programs assisted 

under this section are not duplicative of other activities conducted in eligible countries; and 

ø(2) any institutions in eligible countries, with which the 

Center for Civic Education, the National Council on Economic 

Education, or organizations described in section 2343(a)(3) may 

work in conducting such activities, are creditable. 

ø(g) ELIGIBLE COUNTRY DEFINED.—In this section, the term 

‘‘eligible country’’ means a Central European country, an Eastern 

European country, Lithuania, Latvia, Estonia, the independent 

states of the former Soviet Union as defined in section 3 of the 

FREEDOM Support Act (22 U.S.C. 5801), the Republic of Ireland, 

the province of Northern Ireland in the United Kingdom, and any 

developing country (as such term is defined in section 209(d) of the 

Education for the Deaf Act) if the Secretary, with the concurrence 

of the Secretary of State, determines that such developing country 

has a democratic form of government.¿ 

øSEC. 2346. AUTHORIZATION OF APPROPRIATIONS. 

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

øSubpart 4—Teaching of Traditional American 

History¿ 

øSEC. 2351. ESTABLISHMENT OF PROGRAM. 

ø(a) IN GENERAL.—The Secretary may establish and implement 

a program to be known as the ‘‘Teaching American History Grant 

Program’’, under which the Secretary shall award grants on a competitive basis to local educational agencies— 

ø(1) to carry out activities to promote the teaching of traditional American history in elementary schools and secondary 

schools as a separate academic subject (not as a component of 

social studies); and 

ø(2) for the development, implementation, and strengthening of programs to teach traditional American history as a 

separate academic subject (not as a component of social studies) within elementary school and secondary school curricula, 

including the implementation of activities— 

ø(A) to improve the quality of instruction; and 

ø(B) to provide professional development and teacher 

education activities with respect to American history. 

ø(b) REQUIRED PARTNERSHIP.—A local educational agency that 

receives a grant under subsection (a) shall carry out activities 

under the grant in partnership with one or more of the following: 

ø(1) An institution of higher education. 

ø(2) A nonprofit history or humanities organization. 

ø(3) A library or museum. 

ø(c) APPLICATION.—To be eligible to receive an grant under this 

section, a local educational agency shall submit an application to 

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

information as the Secretary may require.¿ 

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øSEC. 2352. AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2002 and each 

of the 5 succeeding fiscal years.¿ 

øSubpart 5—Teacher Liability Protection¿ 

øSEC. 2361. SHORT TITLE. 

øThis subpart may be cited as the ‘‘Paul D. Coverdell Teacher 

Protection Act of 2001’’.¿ 

øSEC. 2362. PURPOSE. 

øThe purpose of this subpart is to provide teachers, principals, 

and other school professionals the tools they need to undertake reasonable actions to maintain order, discipline, and an appropriate 

educational environment.¿ 

øSEC. 2363. DEFINITIONS. 

øFor purposes of this subpart: 

ø(1) ECONOMIC LOSS.—The term ‘‘economic loss’’ means 

any pecuniary loss resulting from harm (including the loss of 

earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial 

costs, and loss of business or employment opportunities) to the 

extent recovery for such loss is allowed under applicable State 

law. 

ø(2) HARM.—The term ‘‘harm’’ includes physical, nonphysical, economic, and noneconomic losses. 

ø(3) NONECONOMIC LOSS.—The term ‘‘noneconomic loss’’ 

means loss for physical or emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, 

loss of enjoyment of life, loss of society or companionship, loss 

of consortium (other than loss of domestic service), hedonic 

damages, injury to reputation, or any other nonpecuniary loss 

of any kind or nature. 

ø(4) SCHOOL.—The term ‘‘school’’ means a public or private 

kindergarten, a public or private elementary school or secondary school, or a home school. 

ø(5) STATE.—The term ‘‘State’’ means each of the several 

States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, 

Guam, American Samoa, the Commonwealth of the Northern 

Mariana Islands, any other territory or possession of the 

United States, or any political subdivision of any such State, 

territory, or possession. 

ø(6) TEACHER.—The term ‘‘teacher’’ means— 

ø(A) a teacher, instructor, principal, or administrator; 

ø(B) another educational professional who works in a 

school; 

ø(C) a professional or nonprofessional employee who— 

ø(i) works in a school; and 

ø(ii)(I) in the employee’s job, maintains discipline 

or ensures safety; or 

ø(II) in an emergency, is called on to maintain discipline or ensure safety; or 

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ø(D) an individual member of a school board (as distinct from the board).¿ 

øSEC. 2364. APPLICABILITY. 

øThis subpart shall only apply to States that receive funds 

under this Act, and shall apply to such a State as a condition of 

receiving such funds.¿ 

øSEC. 2365. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. 

ø(a) PREEMPTION.—This subpart preempts the laws of any 

State to the extent that such laws are inconsistent with this subpart, except that this subpart shall not preempt any State law that 

provides additional protection from liability relating to teachers. 

ø(b) ELECTION OF STATE REGARDING NONAPPLICABILITY.—This 

subpart shall not apply to any civil action in a State court against 

a teacher with respect to claims arising within that State if such 

State enacts a statute in accordance with State requirements for 

enacting legislation— 

ø(1) citing the authority of this subsection; 

ø(2) declaring the election of such State that this subpart 

shall not apply, as of a date certain, to such civil action in the 

State; and 

ø(3) containing no other provisions.¿ 

øSEC. 2366. LIMITATION ON LIABILITY FOR TEACHERS. 

ø(a) LIABILITY PROTECTION FOR TEACHERS.—Except as provided in subsection (b), no teacher in a school shall be liable for 

harm caused by an act or omission of the teacher on behalf of the 

school if— 

ø(1) the teacher was acting within the scope of the teacher’s employment or responsibilities to a school or governmental 

entity; 

ø(2) the actions of the teacher were carried out in conformity with Federal, State, and local laws (including rules and 

regulations) in furtherance of efforts to control, discipline, 

expel, or suspend a student or maintain order or control in the 

classroom or school; 

ø(3) if appropriate or required, the teacher was properly licensed, certified, or authorized by the appropriate authorities 

for the activities or practice involved in the State in which the 

harm occurred, where the activities were or practice was undertaken within the scope of the teacher’s responsibilities; 

ø(4) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, 

flagrant indifference to the rights or safety of the individual 

harmed by the teacher; and 

ø(5) the harm was not caused by the teacher operating a 

motor vehicle, vessel, aircraft, or other vehicle for which the 

State requires the operator or the owner of the vehicle, craft, 

or vessel to— 

ø(A) possess an operator’s license; or 

ø(B) maintain insurance. 

ø(b) EXCEPTIONS TO TEACHER LIABILITY PROTECTION.—If the 

laws of a State limit teacher liability subject to one or more of the 

following conditions, such conditions shall not be construed as inconsistent with this section: 

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ø(1) A State law that requires a school or governmental 

entity to adhere to risk management procedures, including 

mandatory training of teachers. 

ø(2) A State law that makes the school or governmental 

entity liable for the acts or omissions of its teachers to the 

same extent as an employer is liable for the acts or omissions 

of its employees. 

øate law that makes a limitation of liability inapplicable if 

the civil action was brought by an officer of a State or local 

government pursuant to State or local law. 

ø(c) LIMITATION ON PUNITIVE DAMAGES BASED ON THE ACTIONS

OF TEACHERS.— 

ø(1) GENERAL RULE.—Punitive damages may not be awarded against a teacher in an action brought for harm based on 

the act or omission of a teacher acting within the scope of the 

teacher’s employment or responsibilities to a school or governmental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an 

act or omission of such teacher that constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the 

rights or safety of the individual harmed. 

ø(2) CONSTRUCTION.—Paragraph (1) does not create a 

cause of action for punitive damages and does not preempt or 

supersede any Federal or State law to the extent that such law 

would further limit the award of punitive damages. 

ø(d) EXCEPTIONS TO LIMITATIONS ON LIABILITY.— ø(1) IN GENERAL.—The limitations on the liability of a 

teacher under this subpart shall not apply to any misconduct 

that— 

ø(A) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act 

of international terrorism (as that term is defined in section 2331 of title 18, United States Code) for which the defendant has been convicted in any court; 

ø(B) involves a sexual offense, as defined by applicable 

State law, for which the defendant has been convicted in 

any court; 

ø(C) involves misconduct for which the defendant has 

been found to have violated a Federal or State civil rights 

law; or 

ø(D) where the defendant was under the influence (as 

determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct. 

ø(2) HIRING.—The limitations on the liability of a teacher 

under this subpart shall not apply to misconduct during background investigations, or during other actions, involved in the 

hiring of a teacher. 

ø(e) RULES OF CONSTRUCTION.— 

ø(1) CONCERNING RESPONSIBILITY OF TEACHERS TO

SCHOOLS AND GOVERNMENTAL ENTITIES.—Nothing in this section shall be construed to affect any civil action brought by any 

school or any governmental entity against any teacher of such 

school. 

ø(2) CONCERNING CORPORAL PUNISHMENT.—Nothing in this 

subpart shall be construed to affect any State or local law (inmstockstill on DSK4VPTVN1PROD with HEARINGS

422 

cluding a rule or regulation) or policy pertaining to the use of 

corporal punishment.¿ 

øSEC. 2367. ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC 

LOSS. 

ø(a) GENERAL RULE.—In any civil action against a teacher, 

based on an act or omission of a teacher acting within the scope 

of the teacher’s employment or responsibilities to a school or governmental entity, the liability of the teacher for noneconomic loss 

shall be determined in accordance with subsection (b). 

ø(b) AMOUNT OF LIABILITY.— 

ø(1) IN GENERAL.— 

ø(A) LIABILITY.—Each defendant who is a teacher 

shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in 

accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable. 

ø(B) SEPARATE JUDGMENT.—The court shall render a 

separate judgment against each defendant in an amount 

determined pursuant to subparagraph (A). 

ø(2) PERCENTAGE OF RESPONSIBILITY.—For purposes of determining the amount of noneconomic loss allocated to a defendant who is a teacher under this section, the trier of fact 

shall determine the percentage of responsibility of each person 

responsible for the claimant’s harm, whether or not such person is a party to the action. 

ø(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to preempt or supersede any Federal or State law that 

further limits the application of joint liability in a civil action described in subsection (a), beyond the limitations established in this 

section.¿ 

øSEC. 2368. EFFECTIVE DATE. 

ø(a) IN GENERAL.—This subpart shall take effect 90 days after 

the date of enactment of the No Child Left Behind Act of 2001. 

ø(b) APPLICATION.—This subpart applies to any claim for harm 

caused by an act or omission of a teacher if that claim is filed on 

or after the effective date of the No Child Left Behind Act of 2001 

without regard to whether the harm that is the subject of the claim 

or the conduct that caused the harm occurred before such effective 

date.¿ 

øPART D—ENHANCING EDUCATION THROUGH 

TECHNOLOGY¿ 

øSEC. 2401. SHORT TITLE. 

øThis part may be cited as the ‘‘Enhancing Education Through 

Technology Act of 2001’’.¿ 

øSEC. 2402. PURPOSES AND GOALS. 

ø(a) PURPOSES.—The purposes of this part are the following: 

ø(1) To provide assistance to States and localities for the 

implementation and support of a comprehensive system that 

effectively uses technology in elementary schools and secondary schools to improve student academic achievement. 

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ø(2) To encourage the establishment or expansion of initiatives, including initiatives involving public-private partnerships, designed to increase access to technology, particularly in 

schools served by high-need local educational agencies. 

ø(3) To assist States and localities in the acquisition, development, interconnection, implementation, improvement, and 

maintenance of an effective educational technology infrastructure in a manner that expands access to technology for students (particularly for disadvantaged students) and teachers. 

ø(4) To promote initiatives that provide school teachers, 

principals, and administrators with the capacity to integrate 

technology effectively into curricula and instruction that are 

aligned with challenging State academic content and student 

academic achievement standards, through such means as highquality professional development programs. 

ø(5) To enhance the ongoing professional development of 

teachers, principals, and administrators by providing constant 

access to training and updated research in teaching and learning through electronic means. 

ø(6) To support the development and utilization of electronic networks and other innovative methods, such as distance learning, of delivering specialized or rigorous academic 

courses and curricula for students in areas that would not otherwise have access to such courses and curricula, particularly 

in geographically isolated regions. 

ø(7) To support the rigorous evaluation of programs funded 

under this part, particularly regarding the impact of such programs on student academic achievement, and ensure that 

timely information on the results of such evaluations is widely 

accessible through electronic means. 

ø(8) To support local efforts using technology to promote 

parent and family involvement in education and communication among students, parents, teachers, principals, and administrators. 

ø(b) GOALS.— ø(1) PRIMARY GOAL.—The primary goal of this part is to 

improve student academic achievement through the use of 

technology in elementary schools and secondary schools. 

ø(2) ADDITIONAL GOALS.—The additional goals of this part 

are the following: 

ø(A) To assist every student in crossing the digital divide by ensuring that every student is technologically literate by the time the student finishes the eighth grade, regardless of the student’s race, ethnicity, gender, family income, geographic location, or disability. 

ø(B) To encourage the effective integration of technology resources and systems with teacher training and 

curriculum development to establish research-based instructional methods that can be widely implemented as 

best practices by State educational agencies and local educational agencies.¿ 

øSEC. 2403. DEFINITIONS. 

øIn this part: 

ø(1) ELIGIBLE LOCAL ENTITY.—The term ‘‘eligible local entity’’ means— 

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ø(A) a high-need local educational agency; or 

ø(B) an eligible local partnership. 

ø(2) ELIGIBLE LOCAL PARTNERSHIP.—The term ‘‘eligible 

local partnership’’ means a partnership that— 

ø(A) shall include at least one high-need local educational agency and at least one— 

ø(i) local educational agency that can demonstrate 

that teachers in schools served by the agency are effectively integrating technology and proven teaching 

practices into instruction, based on a review of relevant research, and that the integration results in improvement in— 

ø(I) classroom instruction in the core academic subjects; and 

ø(II) the preparation of students to meet challenging State academic content and student academic achievement standards; 

ø(ii) institution of higher education that is in full 

compliance with the reporting requirements of section 

207(f) of the Higher Education Act of 1965 and that 

has not been identified by its State as low-performing 

under section 208 of such Act; 

ø(iii) for-profit business or organization that develops, designs, manufactures, or produces technology 

products or services, or has substantial expertise in 

the application of technology in instruction; or 

ø(iv) public or private nonprofit organization with 

demonstrated experience in the application of educational technology to instruction; and 

ø(B) may include other local educational agencies, educational service agencies, libraries, or other educational entities appropriate to provide local programs. 

ø(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘‘high-need local educational agency’’ means a local educational 

agency that— 

ø(A) is among the local educational agencies in a State 

with the highest numbers or percentages of children from 

families with incomes below the poverty line; and 

ø(B)(i) operates one or more schools identified under 

section 1116; or 

ø(ii) has a substantial need for assistance in acquiring 

and using technology.¿ 

øSEC. 2404. AUTHORIZATION OF APPROPRIATIONS. 

ø(a) IN GENERAL.—There are authorized to be appropriated to 

carry out subparts 1 and 2, $1,000,000,000 for fiscal year 2002, and 

such sums as may be necessary for each of the 5 succeeding fiscal 

years. 

ø(b) ALLOCATION OF FUNDS BETWEEN STATE AND LOCAL AND

NATIONAL INITIATIVES.—The amount of funds made available under 

subsection (a) for a fiscal year shall be allocated so that— 

ø(1) not less than 98 percent is made available to carry out 

subpart 1; and 

ø(2) not more than 2 percent is made available to carry out 

subpart 2. 

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ø(c) ALLOCATION OF FUNDS FOR STUDY.—Of the total amount 

of funds allocated under subsection (b)(2) for fiscal years 2002 

through 2007, not more than $15,000,000 may be used to carry out 

section 2421(a). 

ø(d) LIMITATION.—Of the amount of funds made available to a 

recipient of funds under this part for a fiscal year, not more than 

5 percent may be used by the recipient for administrative costs or 

technical assistance, of which not more than 60 percent may be 

used by the recipient for administrative costs.¿ 

øSubpart 1—State and Local Technology Grants¿ 

øSEC. 2411. ALLOTMENT AND REALLOTMENT. 

ø(a) RESERVATIONS AND ALLOTMENT.—From the amount made 

available to carry out this subpart under section 2404(b)(1) for a 

fiscal year— 

ø(1) the Secretary shall reserve— 

ø(A) three-fourths of 1 percent for the Secretary of the 

Interior for programs under this subpart for schools operated or funded by the Bureau of Indian Affairs; 

ø(B) one-half of 1 percent to provide assistance under 

this subpart to the outlying areas; and 

ø(C) such sums as may be necessary for continuation 

awards on grants awarded under section 3136 prior to the 

date of enactment of the No Child Left Behind Act of 2001; 

and 

ø(2) from the remainder of such amount and subject to 

subsection (b), the Secretary shall make grants by allotting to 

each eligible State educational agency under this subpart an 

amount that bears the same relationship to such remainder for 

such year as the amount received under part A of title I for 

such year by such State educational agency bears to the 

amount received under such part for such year by all State 

educational agencies. 

ø(b) MINIMUM ALLOTMENT.—The amount of any State educational agency’s allotment under subsection (a)(2) for any fiscal 

year may not be less than one-half of 1 percent of the amount made 

available for allotments to States under this part for such year. 

ø(c) REALLOTMENT OF UNUSED FUNDS.—If any State educational agency does not apply for an allotment under this subpart 

for a fiscal year, or does not use its entire allotment under this subpart for that fiscal year, the Secretary shall reallot the amount of 

the State educational agency’s allotment, or the unused portion of 

the allotment, to the remaining State educational agencies that use 

their entire allotments under this subpart in accordance with this 

section. 

ø(d) STATE EDUCATIONAL AGENCY DEFINED.—In this section, 

the term ‘‘State educational agency’’ does not include an agency of 

an outlying area or the Bureau of Indian Affairs.¿ 

øSEC. 2412. USE OF ALLOTMENT BY STATE. 

ø(a) IN GENERAL.—Of the amount provided to a State educational agency (from the agency’s allotment under section 

2411(a)(2)) for a fiscal year— 

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ø(1) the State educational agency may use not more than 

5 percent to carry out activities under section 2415; and 

ø(2) the State educational agency shall distribute the remainder as follows: 

ø(A) From 50 percent of the remainder, the State educational agency shall award subgrants by allocating to 

each eligible local educational agency that has submitted 

an application to the State educational agency under section 2414, for the activities described in section 2416, an 

amount that bears the same relationship to 50 percent of 

the remainder for such year as the amount received under 

part A of title I for such year by such local educational 

agency bears to the amount received under such part for 

such year by all local educational agencies within the 

State. 

ø(B) From 50 percent of the remainder and subject to 

subsection (b), the State educational agency shall award 

subgrants, through a State-determined competitive process, to eligible local entities that have submitted applications to the State educational agency under section 2414, 

for the activities described in section 2416. 

ø(b) SUFFICIENT AMOUNTS.— 

ø(1) SPECIAL RULE.—In awarding a subgrant under subsection (a)(2)(B), the State educational agency shall— 

ø(A) determine the local educational agencies that— 

ø(i) received allocations under subsection (a)(2)(A) 

that are not of sufficient size to be effective, consistent 

with the purposes of this part; and 

ø(ii) are eligible local entities; 

ø(B) give priority to applications submitted by eligible 

local educational agencies described in subparagraph (A); 

and 

ø(C) determine the minimum amount for awards 

under subsection (a)(2)(B) to ensure that subgrants awarded under that subsection are of sufficient size to be effective. 

ø(2) SUFFICIENCY.—In awarding subgrants under subsection (a)(2)(B), each State educational agency shall ensure 

that each subgrant is of sufficient size and duration, and that 

the program funded by the subgrant is of sufficient scope and 

quality, to carry out the purposes of this part effectively. 

ø(3) DISTRIBUTION.—In awarding subgrants under subsection (a)(2)(B), each State educational agency shall ensure an 

equitable distribution of assistance under this subpart among 

urban and rural areas of the State, according to the demonstrated need of those local educational agencies serving the 

areas. 

ø(c) FISCAL AGENT.—If an eligible local partnership receives a 

subgrant under subsection (a)(2)(B), a local educational agency in 

the partnership shall serve as the fiscal agent for the partnership. 

ø(d) TECHNICAL ASSISTANCE.—Each State educational agency 

receiving a grant under section 2411(a) shall— 

ø(1) identify the local educational agencies served by the 

State educational agency that— 

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ø(A) have the highest numbers or percentages of children from families with incomes below the poverty line; 

and 

ø(B) demonstrate to such State educational agency the 

greatest need for technical assistance in developing an application under section 2414; and 

ø(2) offer the technical assistance described in paragraph 

(1)(B) to those local educational agencies.¿ 

øSEC. 2413. STATE APPLICATIONS. 

ø(a) IN GENERAL.—To be eligible to receive a grant under this 

subpart, a State educational agency shall submit to the Secretary, 

at such time and in such manner as the Secretary may specify, an 

application containing a new or updated statewide long-range strategic educational technology plan (which shall address the educational technology needs of local educational agencies) and such 

other information as the Secretary may reasonably require. 

ø(b) CONTENTS.—Each State application submitted under subsection (a) shall include each of the following: 

ø(1) An outline of the State educational agency’s long-term 

strategies for improving student academic achievement, including technology literacy, through the effective use of technology 

in classrooms throughout the State, including through improving the capacity of teachers to integrate technology effectively 

into curricula and instruction. 

ø(2) A description of the State educational agency’s goals 

for using advanced technology to improve student academic 

achievement, and how those goals are aligned with challenging 

State academic content and student academic achievement 

standards. 

ø(3) A description of how the State educational agency will 

take steps to ensure that all students and teachers in the 

State, particularly students and teachers in districts served by 

high-need local educational agencies, have increased access to 

technology. 

ø(4) A description of the process and accountability measures that the State educational agency will use to evaluate the 

extent to which activities funded under this subpart are effective in integrating technology into curricula and instruction. 

ø(5) A description of how the State educational agency will 

encourage the development and utilization of innovative strategies for the delivery of specialized or rigorous academic courses 

and curricula through the use of technology, including distance 

learning technologies, particularly for those areas of the State 

that would not otherwise have access to such courses and curricula due to geographical isolation or insufficient resources. 

ø(6) An assurance that financial assistance provided under 

this subpart will supplement, and not supplant, State and local 

funds. 

ø(7) A description of how the plan incorporates teacher 

education, professional development, and curriculum development, and how the State educational agency will work to ensure that teachers and principals in a State receiving funds 

under this part are technologically literate. 

ø(8) A description of— 

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ø(A) how the State educational agency will provide 

technical assistance to applicants under section 2414, especially to those applicants serving the highest numbers or 

percentages of children in poverty or with the greatest 

need for technical assistance; and 

ø(B) the capacity of the State educational agency to 

provide such assistance. 

ø(9) A description of technology resources and systems that 

the State will provide for the purpose of establishing best practices that can be widely replicated by State educational agencies and local educational agencies in the State and in other 

States. 

ø(10) A description of the State’s long-term strategies for 

financing technology to ensure that all students, teachers, and 

classrooms have access to technology. 

ø(11) A description of the State’s strategies for using technology to increase parental involvement. 

ø(12) A description of how the State educational agency 

will ensure that each subgrant awarded under section 

2412(a)(2)(B) is of sufficient size and duration, and that the 

program funded by the subgrant is of sufficient scope and quality, to carry out the purposes of this part effectively. 

ø(13) A description of how the State educational agency 

will ensure ongoing integration of technology into school curricula and instructional strategies in all schools in the State, 

so that technology will be fully integrated into the curricula 

and instruction of the schools by December 31, 2006. 

ø(14) A description of how the local educational agencies in 

the State will provide incentives to teachers who are technologically literate and teaching in rural or urban areas, to encourage such teachers to remain in those areas. 

ø(15) A description of how public and private entities will 

participate in the implementation and support of the plan. 

ø(c) DEEMED APPROVAL.—An application submitted by a State 

educational agency pursuant to subsection (a) shall be deemed to 

be approved by the Secretary unless the Secretary makes a written 

determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, 

that the application is not in compliance with this part. 

ø(d) DISAPPROVAL.—The Secretary shall not finally disapprove 

the application, except after giving the State educational agency 

notice and an opportunity for a hearing. 

ø(e) NOTIFICATION.—If the Secretary finds that the application 

is not in compliance, in whole or in part, with this part, the Secretary shall— 

ø(1) give the State educational agency notice and an opportunity for a hearing; and 

ø(2) notify the State educational agency of the finding of 

noncompliance and, in such notification, shall— 

ø(A) cite the specific provisions in the application that 

are not in compliance; and 

ø(B) request additional information, only as to the 

noncompliant provisions, needed to make the application 

compliant. 

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ø(f) RESPONSE.—If the State educational agency responds to 

the Secretary’s notification described in subsection (e)(2) during the 

45-day period beginning on the date on which the agency received 

the notification, and resubmits the application with the requested 

information described in subsection (e)(2)(B), the Secretary shall 

approve or disapprove such application prior to the later of— 

ø(1) the expiration of the 45-day period beginning on the 

date on which the application is resubmitted; or 

ø(2) the expiration of the 120-day period described in subsection (c). 

ø(g) FAILURE TO RESPOND.—If the State educational agency 

does not respond to the Secretary’s notification described in subsection (e)(2) during the 45-day period beginning on the date on 

which the agency received the notification, such application shall 

be deemed to be disapproved.¿ 

øSEC. 2414. LOCAL APPLICATIONS. 

ø(a) IN GENERAL.—To be eligible to receive a subgrant from a 

State educational agency under this subpart, a local educational 

agency or eligible local entity shall submit to the State educational 

agency an application containing a new or updated local long-range 

strategic educational technology plan that is consistent with the objectives of the statewide educational technology plan described in 

section 2413(a), and such other information as the State educational agency may reasonably require, at such time and in such 

manner as the State educational agency may require. 

ø(b) CONTENTS.—The application shall include each of the following: 

ø(1) A description of how the applicant will use Federal 

funds under this subpart to improve the student academic 

achievement, including technology literacy, of all students attending schools served by the local educational agency and to 

improve the capacity of all teachers teaching in schools served 

by the local educational agency to integrate technology effectively into curricula and instruction. 

ø(2) A description of the applicant’s specific goals for using 

advanced technology to improve student academic achievement, aligned with challenging State academic content and 

student academic achievement standards. 

ø(3) A description of the steps the applicant will take to 

ensure that all students and teachers in schools served by the 

local educational agency involved have increased access to educational technology, including how the agency would use funds 

under this subpart (such as combining the funds with funds 

from other sources), to help ensure that— 

ø(A) students in high-poverty and high-needs schools, 

or schools identified under section 1116, have access to 

technology; and 

ø(B) teachers are prepared to integrate technology effectively into curricula and instruction. 

ø(4) A description of how the applicant will— 

ø(A) identify and promote curricula and teaching 

strategies that integrate technology effectively into curricula and instruction, based on a review of relevant research, leading to improvements in student academic 

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achievement, as measured by challenging State academic 

content and student academic achievement standards; and 

ø(B) provide ongoing, sustained professional development for teachers, principals, administrators, and school library media personnel serving the local educational agency, to further the effective use of technology in the classroom or library media center, including, if applicable, a list 

of the entities that will be partners with the local educational agency involved in providing the ongoing, sustained professional development. 

ø(5) A description of the type and costs of technologies to 

be acquired under this subpart, including services, software, 

and digital curricula, and including specific provisions for 

interoperability among components of such technologies. 

ø(6) A description of how the applicant will coordinate activities carried out with funds provided under this subpart 

with technology-related activities carried out with funds available from other Federal, State, and local sources. 

ø(7) A description of how the applicant will integrate technology (including software and other electronically delivered 

learning materials) into curricula and instruction, and a 

timeline for such integration. 

ø(8) A description of how the applicant will encourage the 

development and utilization of innovative strategies for the delivery of specialized or rigorous academic courses and curricula 

through the use of technology, including distance learning 

technologies, particularly for those areas that would not otherwise have access to such courses and curricula due to geographical isolation or insufficient resources. 

ø(9) A description of how the applicant will ensure the effective use of technology to promote parental involvement and 

increase communication with parents, including a description 

of how parents will be informed of the technology being applied 

in their child’s education so that the parents are able to reinforce at home the instruction their child receives at school. 

ø(10) A description of how programs will be developed, 

where applicable, in collaboration with adult literacy service 

providers, to maximize the use of technology. 

ø(11) A description of the process and accountability measures that the applicant will use to evaluate the extent to which 

activities funded under this subpart are effective in integrating 

technology into curricula and instruction, increasing the ability 

of teachers to teach, and enabling students to meet challenging 

State academic content and student academic achievement 

standards. 

ø(12) A description of the supporting resources (such as 

services, software, other electronically delivered learning materials, and print resources) that will be acquired to ensure successful and effective uses of technology. 

ø(c) COMBINED APPLICATIONS.—A local educational agency that 

is an eligible local entity and submits an application to the State 

educational agency under this section for funds awarded under section 2412(a)(2)(A) may combine the agency’s application for funds 

awarded under that section with an application for funds awarded 

under section 2412(a)(2)(B). 

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ø(d) SPECIAL RULE.— 

ø(1) CONSORTIUM APPLICATIONS.— 

ø(A) IN GENERAL.—For any fiscal year, a local educational agency applying for financial assistance described 

in section 2412(a)(2)(A) may apply as part of a consortium 

that includes other local educational agencies, institutions 

of higher education, educational service agencies, libraries, 

or other educational entities appropriate to provide local 

programs. 

ø(B) FISCAL AGENT.—If a local educational agency applies for and receives financial assistance described in section 2412(a)(2)(A) as part of a consortium, the local educational agency shall serve as the fiscal agent for the consortium. 

ø(2) STATE EDUCATIONAL AGENCY ASSISTANCE.—At the request of a local educational agency, a State educational agency 

may assist the local educational agency in the formation of a 

consortium described in paragraph (1) to provide services for 

the teachers and students served by the local educational agency.¿ 

øSEC. 2415. STATE ACTIVITIES. 

øFrom funds made available under section 2412(a)(1), a State 

educational agency shall carry out activities and assist local efforts 

to carry out the purposes of this part, which may include the following activities: 

ø(1) Developing, or assisting applicants or recipients of 

funds under this subpart in the development and utilization of, 

innovative strategies for the delivery of specialized or rigorous 

academic courses and curricula through the use of technology, 

including distance learning technologies, and providing other 

technical assistance to such applicants or recipients throughout 

the State, with priority given to high-need local educational 

agencies. 

ø(2) Establishing or supporting public-private initiatives 

(such as interest-free or reduced-cost loans) for the acquisition 

of educational technology for high-need local educational agencies and students attending schools served by such agencies. 

ø(3) Assisting recipients of funds under this subpart in 

providing sustained and intensive, high-quality professional development based on a review of relevant research in the integration of advanced technologies, including emerging technologies, into curricula and instruction and in using those technologies to create new learning environments, including training in the use of technology to— 

ø(A) access data and resources to develop curricula 

and instructional materials; 

ø(B) enable teachers— 

ø(i) to use the Internet and other technology to 

communicate with parents, other teachers, principals, 

and administrators; and 

ø(ii) to retrieve Internet-based learning resources; 

and 

ø(C) lead to improvements in classroom instruction in 

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dents to meet challenging State academic content standards and student academic achievement standards. 

ø(4) Assisting recipients of funds under this subpart in 

providing all students (including students with disabilities and 

students with limited English proficiency) and teachers with 

access to educational technology. 

ø(5) Developing performance measurement systems to determine the effectiveness of educational technology programs 

funded under this subpart, particularly in determining the extent to which activities funded under this subpart are effective 

in integrating technology into curricula and instruction, increasing the ability of teachers to teach, and enabling students 

to meet challenging State academic content and student academic achievement standards. 

ø(6) Collaborating with other State educational agencies 

on distance learning, including making specialized or rigorous 

academic courses and curricula available to students in areas 

that would not otherwise have access to such courses and curricula.¿ 

øSEC. 2416. LOCAL ACTIVITIES. 

ø(a) PROFESSIONAL DEVELOPMENT.— ø(1) IN GENERAL.—A recipient of funds made available 

under section 2412(a)(2) shall use not less than 25 percent of 

such funds to provide ongoing, sustained, and intensive, highquality professional development. The recipient shall provide 

professional development in the integration of advanced technologies, including emerging technologies, into curricula and 

instruction and in using those technologies to create new learning environments, such as professional development in the use 

of technology— 

ø(A) to access data and resources to develop curricula 

and instructional materials; 

ø(B) to enable teachers— 

ø(i) to use the Internet and other technology to 

communicate with parents, other teachers, principals, 

and administrators; and 

ø(ii) to retrieve Internet-based learning resources; 

and 

ø(C) to lead to improvements in classroom instruction 

in the core academic subjects, that effectively prepare students to meet challenging State academic content standards, including increasing student technology literacy, and 

student academic achievement standards. 

ø(2) WAIVERS.—Paragraph (1) shall not apply to a recipient of funds made available under section 2412(a)(2) that demonstrates, to the satisfaction of the State educational agency 

involved, that the recipient already provides ongoing, sustained, and intensive, high-quality professional development 

that is based on a review of relevant research, to all teachers 

in core academic subjects in the integration of advanced technologies, including emerging technologies, into curricula and 

instruction. 

ø(b) OTHER ACTIVITIES.—In addition to the activities described 

in subsection (a), a recipient of funds made available by a State 

educational agency under section 2412(a)(2) shall use such funds to 

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carry out other activities consistent with this subpart, which may 

include the following: 

ø(1) Establishing or expanding initiatives, particularly initiatives involving public-private partnerships, designed to increase access to technology for students and teachers, with special emphasis on the access of high-need schools to technology. 

ø(2) Adapting or expanding existing and new applications 

of technology to enable teachers to increase student academic 

achievement, including technology literacy— 

ø(A) through the use of teaching practices that are 

based on a review of relevant research and are designed to 

prepare students to meet challenging State academic content and student academic achievement standards; and 

ø(B) by the development and utilization of innovative 

distance learning strategies to deliver specialized or rigorous academic courses and curricula to areas that would 

not otherwise have access to such courses and curricula. 

ø(3) Acquiring proven and effective courses and curricula 

that include integrated technology and are designed to help 

students meet challenging State academic content and student 

academic achievement standards. 

ø(4) Utilizing technology to develop or expand efforts to 

connect schools and teachers with parents and students to promote meaningful parental involvement, to foster increased 

communication about curricula, assignments, and assessments 

between students, parents, and teachers, and to assist parents 

to understand the technology being applied in their child’s education, so that parents are able to reinforce at home the instruction their child receives at school. 

ø(5) Preparing one or more teachers in elementary schools 

and secondary schools as technology leaders who are provided 

with the means to serve as experts and train other teachers in 

the effective use of technology, and providing bonus payments 

to the technology leaders. 

ø(6) Acquiring, adapting, expanding, implementing, repairing, and maintaining existing and new applications of technology, to support the school reform effort and to improve student academic achievement, including technology literacy. 

ø(7) Acquiring connectivity linkages, resources, and services (including the acquisition of hardware and software and 

other electronically delivered learning materials) for use by 

teachers, students, academic counselors, and school library 

media personnel in the classroom, in academic and college 

counseling centers, or in school library media centers, in order 

to improve student academic achievement. 

ø(8) Using technology to collect, manage, and analyze data 

to inform and enhance teaching and school improvement efforts. 

ø(9) Implementing performance measurement systems to 

determine the effectiveness of education technology programs 

funded under this subpart, particularly in determining the extent to which activities funded under this subpart are effective 

in integrating technology into curricula and instruction, increasing the ability of teachers to teach, and enabling students 

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to meet challenging State academic content and student academic achievement standards. 

ø(10) Developing, enhancing, or implementing information 

technology courses.¿ 

øSubpart 2—National Technology Activities¿ 

øSEC. 2421. NATIONAL ACTIVITIES. 

ø(a) STUDY.—Using funds made available under section 

2404(b)(2), the Secretary— 

ø(1) shall conduct an independent, long-term study, utilizing scientifically based research methods and control groups 

or control conditions— 

ø(A) on the conditions and practices under which educational technology is effective in increasing student academic achievement; and 

ø(B) on the conditions and practices that increase the 

ability of teachers to integrate technology effectively into 

curricula and instruction, that enhance the learning environment and opportunities, and that increase student academic achievement, including technology literacy; 

ø(2) shall establish an independent review panel to advise 

the Secretary on methodological and other issues that arise in 

conducting the long-term study; 

ø(3) shall consult with other interested Federal departments or agencies, State and local educational practitioners 

and policymakers (including teachers, principals, and superintendents), and experts in technology, regarding the study; 

and 

ø(4) shall submit to Congress interim reports, when appropriate, and a final report, to be submitted not later than April 

1, 2006, on the findings of the study. 

ø(b) DISSEMINATION.—Using funds made available under section 2404(b)(2), the Secretary shall make widely available, including through dissemination on the Internet and to all State educational agencies and other recipients of funds under this part, 

findings identified through activities carried out under this section 

regarding the conditions and practices under which educational 

technology is effective in increasing student academic achievement. 

ø(c) TECHNICAL ASSISTANCE.—Using funds made available 

under section 2404(b)(2), the Secretary may provide technical assistance (directly or through the competitive award of grants or 

contracts) to State educational agencies, local educational agencies, 

and other recipients of funds, particularly in rural areas, under 

this part, in order to assist such State educational agencies, local 

educational agencies, and other recipients to achieve the purposes 

of this part.¿ 

øSEC. 2422. NATIONAL EDUCATION TECHNOLOGY PLAN. 

ø(a) IN GENERAL.—Based on the Nation’s progress and an assessment by the Secretary of the continuing and future needs of 

the Nation’s schools in effectively using technology to provide all 

students the opportunity to meet challenging State academic content and student academic achievement standards, the Secretary 

shall update and publish, in a form readily accessible to the public, 

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a national long-range technology plan, by not later than 12 months 

after the date of enactment of the No Child Left Behind Act of 

2001. 

ø(b) CONTENTS.—The plan referred to in subsection (a) shall include each of the following: 

ø(1) A description of the manner in which the Secretary 

will promote— 

ø(A) higher student academic achievement through 

the integration of advanced technologies, including emerging technologies, into curricula and instruction; 

ø(B) increased access to technology for teaching and 

learning for schools with a high number or percentage of 

children from families with incomes below the poverty line; 

and 

ø(C) the use of technology to assist in the implementation of State systemic reform strategies. 

ø(2) A description of joint activities of the Department of 

Education and other Federal departments or agencies that will 

promote the use of technology in education.¿ 

øSubpart 3—Ready-to-Learn Television 

øSEC. 2431. READY-TO-LEARN TELEVISION. 

ø(a) PROGRAM AUTHORIZED.— ø(1) IN GENERAL.—The Secretary is authorized to award 

grants to, or enter into contracts or cooperative agreements 

with, eligible entities described in paragraph (3) to enable such 

entities— 

ø(A) to develop, produce, and distribute educational 

and instructional video programming for preschool and elementary school children and their parents in order to facilitate student academic achievement; 

ø(B) to facilitate the development, directly or through 

contracts with producers of children and family educational television programming, of educational programming for preschool and elementary school children, and the 

accompanying support materials and services that promote 

the effective use of such programming; 

ø(C) to facilitate the development of programming and 

digital content containing Ready-to-Learn-based children’s 

programming and resources for parents and caregivers 

that is specially designed for nationwide distribution over 

public television stations’ digital broadcasting channels 

and the Internet; 

ø(D) to contract with entities (such as public telecommunications entities) so that programs developed 

under this section are disseminated and distributed to the 

widest possible audience appropriate to be served by the 

programming, and through the use of the most appropriate 

distribution technologies; and 

ø(E) to develop and disseminate education and training materials, including interactive programs and programs adaptable to distance learning technologies, that 

are designed— 

ø(i) to promote school readiness; and 

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ø(ii) to promote the effective use of materials developed under subparagraphs (B) and (C) among parents, teachers, Head Start providers, Even Start providers, providers of family literacy services, child care 

providers, early childhood development personnel, elementary school teachers, public libraries, and afterschool program personnel caring for preschool and elementary school children. 

ø(2) AVAILABILITY.—In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities make programming widely available, 

with support materials as appropriate, to young children, parents, child care workers, Head Start providers, Even Start providers, and providers of family literacy services to increase the 

effective use of such programming. 

ø(3) ELIGIBLE ENTITIES.—To be eligible to receive a grant, 

contract, or cooperative agreements under this section, an entity shall be a public telecommunications entity that is able to 

demonstrate each of the following: 

ø(A) A capacity for the development and national distribution of educational and instructional television programming of high quality that is accessible by a large majority of disadvantaged preschool and elementary school 

children. 

ø(B) A capacity to contract with the producers of children’s television programming for the purpose of developing educational television programming of high quality. 

ø(C) A capacity, consistent with the entity’s mission 

and nonprofit nature, to negotiate such contracts in a manner that returns to the entity an appropriate share of any 

ancillary income from sales of any program-related products. 

ø(D) A capacity to localize programming and materials 

to meet specific State and local needs and to provide educational outreach at the local level. 

ø(4) COORDINATION OF ACTIVITIES.—An entity receiving a 

grant, contract, or cooperative agreement under this section 

shall consult with the Secretary and the Secretary of Health 

and Human Services— 

ø(A) to maximize the utilization of quality educational 

programming by preschool and elementary school children, 

and make such programming widely available to federally 

funded programs serving such populations; and 

ø(B) to coordinate activities with Federal programs 

that have major training components for early childhood 

development, including programs under the Head Start 

Act (42 U.S.C. 9831 et seq.) and Even Start, and State 

training activities funded under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), 

regarding the availability and utilization of materials developed under paragraph (1)(E) to enhance parent and 

child care provider skills in early childhood development 

and education. 

ø(b) APPLICATIONS.—To be eligible to receive a grant, contract, 

or cooperative agreement under subsection (a), an entity shall submstockstill on DSK4VPTVN1PROD with HEARINGS

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mit to the Secretary an application at such time, in such manner, 

and containing such information as the Secretary may reasonably 

require. 

ø(c) REPORTS AND EVALUATIONS.— 

ø(1) ANNUAL REPORT TO THE SECRETARY.—An entity receiving a grant, contract, or cooperative agreement under this section shall prepare and submit to the Secretary an annual report that contains such information as the Secretary may require. At a minimum, the report shall describe the program activities undertaken with funds received under the grant, contract, or cooperative agreement, including each of the following: 

ø(A) The programming that has been developed, directly or indirectly, by the eligible entity, and the target 

population of the programs developed. 

ø(B) The support and training materials that have 

been developed to accompany the programming, and the 

method by which the materials are distributed to consumers and users of the programming. 

ø(C) The means by which programming developed 

under this section has been distributed, including the distance learning technologies that have been utilized to 

make programming available, and the geographic distribution achieved through such technologies. 

ø(D) The initiatives undertaken by the entity to develop public-private partnerships to secure non-Federal 

support for the development, distribution, and broadcast of 

educational and instructional programming. 

ø(2) REPORT TO CONGRESS.—The Secretary shall prepare 

and submit to the relevant committees of Congress a biannual 

report that includes the following: 

ø(A) A summary of the activities assisted under subsection (a). 

ø(B) A description of the education and training materials made available under subsection (a)(1)(E), the manner in which outreach has been conducted to inform parents and child care providers of the availability of such 

materials, and the manner in which such materials have 

been distributed in accordance with such subsection. 

ø(d) ADMINISTRATIVE COSTS.—An entity that receives a grant, 

contract, or cooperative agreement under this section may use up 

to 5 percent of the amount received under the grant, contract, or 

agreement for the normal and customary expenses of administering 

the grant, contract, or agreement. 

ø(e) AUTHORIZATION OF APPROPRIATIONS.— 

ø(1) IN GENERAL.—There are authorized to be appropriated 

to carry out this section such sums as may be necessary for fiscal year 2002, and for each of the 5 succeeding fiscal years. 

ø(2) FUNDING RULE.—Not less than 60 percent of the 

amount appropriated under paragraph (1) for each fiscal year 

shall be used to carry out activities under subparagraphs (B) 

through (D) of subsection (a)(1).¿ 

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øSubpart 4—Limitation on Availability of Certain 

Funds for Schools¿ 

øSEC. 2441. INTERNET SAFETY. 

ø(a) IN GENERAL.—No funds made available under this part to 

a local educational agency for an elementary school or secondary 

school that does not receive services at discount rates under section 

254(h)(5) of the Communications Act of 1934 (47 U.S.C. 254(h)(5)) 

may be used to purchase computers used to access the Internet, or 

to pay for direct costs associated with accessing the Internet, for 

such school unless the school, school board, local educational agency, or other authority with responsibility for administration of such 

school both— 

ø(1)(A) has in place a policy of Internet safety for minors 

that includes the operation of a technology protection measure 

with respect to any of its computers with Internet access that 

protects against access through such computers to visual depictions that are— 

ø(i) obscene; 

ø(ii) child pornography; or 

ø(iii) harmful to minors; and 

ø(B) is enforcing the operation of such technology protection measure during any use of such computers by minors; and 

ø(2)(A) has in place a policy of Internet safety that includes the operation of a technology protection measure with 

respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are— 

ø(i) obscene; or 

ø(ii) child pornography; and 

ø(B) is enforcing the operation of such technology protection measure during any use of such computers. 

ø(b) TIMING AND APPLICABILITY OF IMPLEMENTATION.— 

ø(1) IN GENERAL.—The local educational agency with responsibility for a school covered by subsection (a) shall certify 

the compliance of such school with the requirements of subsection (a) as part of the application process for the next program funding year under this Act following December 21, 

2000, and for each subsequent program funding year thereafter. 

ø(2) PROCESS.— 

ø(A) SCHOOLS WITH INTERNET SAFETY POLICIES AND

TECHNOLOGY PROTECTION MEASURES IN PLACE.—A local 

educational agency with responsibility for a school covered 

by subsection (a) that has in place an Internet safety policy meeting the requirements of subsection (a) shall certify 

its compliance with subsection (a) during each annual program application cycle under this Act. 

ø(B) SCHOOLS WITHOUT INTERNET SAFETY POLICIES AND

TECHNOLOGY PROTECTION MEASURES IN PLACE.— 

ø(i) CERTIFICATION.—A local educational agency 

with responsibility for a school covered by subsection 

(a) that does not have in place an Internet safety policy meeting the requirements of subsection (a)— 

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ø(I) for the first program year after December 

21, 2000, in which the local educational agency is 

applying for funds for such school under this Act, 

shall certify that it is undertaking such actions, 

including any necessary procurement procedures, 

to put in place an Internet safety policy that 

meets such requirements; and 

ø(II) for the second program year after December 21, 2000, in which the local educational 

agency is applying for funds for such school under 

this Act, shall certify that such school is in compliance with such requirements. 

ø(ii) INELIGIBILITY.—Any school covered by subsection (a) for which the local educational agency concerned is unable to certify compliance with such requirements in such second program year shall be ineligible for all funding under this part for such second 

program year and all subsequent program years until 

such time as such school comes into compliance with 

such requirements. 

ø(C) WAIVERS.—Any school subject to a certification 

under subparagraph (B)(i)(II) for which the local educational agency concerned cannot make the certification 

otherwise required by that subparagraph may seek a waiver of that subparagraph if State or local procurement rules 

or regulations or competitive bidding requirements prevent 

the making of the certification otherwise required by that 

subparagraph. The local educational agency concerned 

shall notify the Secretary of the applicability of that subparagraph to the school. Such notice shall certify that the 

school will be brought into compliance with the requirements in subsection (a) before the start of the third program year after December 21, 2000, in which the school is 

applying for funds under this part. 

ø(c) DISABLING DURING CERTAIN USE.—An administrator, supervisor, or person authorized by the responsible authority under 

subsection (a) may disable the technology protection measure concerned to enable access for bona fide research or other lawful purposes. 

ø(d) NONCOMPLIANCE.— 

ø(1) USE OF GENERAL EDUCATION PROVISIONS ACT REMEDIES.—Whenever the Secretary has reason to believe that any 

recipient of funds under this part is failing to comply substantially with the requirements of this section, the Secretary 

may— 

ø(A) withhold further payments to the recipient under 

this part; 

ø(B) issue a complaint to compel compliance of the recipient through a cease and desist order; or 

ø(C) enter into a compliance agreement with a recipient to bring it into compliance with such requirements, 

øin same manner as the Secretary is authorized to take such 

actions under sections 455, 456, and 457, respectively, of the 

General Education Provisions Act. 

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ø(2) RECOVERY OF FUNDS PROHIBITED.—The actions authorized by paragraph (1) are the exclusive remedies available 

with respect to the failure of a school to comply substantially 

with a provision of this section, and the Secretary shall not 

seek a recovery of funds from the recipient for such failure. 

ø(3) RECOMMENCEMENT OF PAYMENTS.—Whenever the Secretary determines (whether by certification or other appropriate evidence) that a recipient of funds who is subject to the 

withholding of payments under paragraph (1)(A) has cured the 

failure providing the basis for the withholding of payments, the 

Secretary shall cease the withholding of payments to the recipient under that paragraph. 

ø(e) DEFINITIONS.—In this subpart: 

ø(1) COMPUTER.—The term ‘‘computer’’ includes any hardware, software, or other technology attached or connected to, 

installed in, or otherwise used in connection with a computer. 

ø(2) ACCESS TO INTERNET.—A computer shall be considered 

to have access to the Internet if such computer is equipped 

with a modem or is connected to a computer network that has 

access to the Internet. 

ø(3) ACQUISITION OR OPERATION.—An elementary school or 

secondary school shall be considered to have received funds 

under this part for the acquisition or operation of any computer if such funds are used in any manner, directly or indirectly— 

ø(A) to purchase, lease, or otherwise acquire or obtain 

the use of such computer; or 

ø(B) to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer. 

ø(4) MINOR.—The term ‘‘minor’’ means an individual who 

has not attained the age of 17. 

ø(5) CHILD PORNOGRAPHY.—The term ‘‘child pornography’’ 

has the meaning given that term in section 2256 of title 18, 

United States Code. 

ø(6) HARMFUL TO MINORS.—The term ‘‘harmful to minors’’ 

means any picture, image, graphic image file, or other visual 

depiction that— 

ø(A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; 

ø(B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an 

actual or simulated sexual act or sexual contact, actual or 

simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and 

ø(C) taken as a whole, lacks serious literary, artistic, 

political, or scientific value as to minors. 

ø(7) OBSCENE.—The term ‘‘obscene’’ has the meaning applicable to that term under section 1460 of title 18, United 

States Code. 

ø(8) SEXUAL ACT AND SEXUAL CONTACT.—The terms ‘‘sexual 

act’’ and ‘‘sexual contact’’ have the meanings given those terms 

in section 2246 of title 18, United States Code. 

ø(f) SEVERABILITY.—If any provision of this section is held invalid, the remainder of this section shall not be affected thereby.¿ 

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PART A—CONTINUOUS IMPROVEMENT AND 

SUPPORT FOR TEACHERS AND PRINCIPALS 

SEC. 2101. PURPOSE. 

The purpose of this part is to provide grants to State educational agencies and subgrants to local educational agencies to enable such agencies to improve academic achievement for all students, including students with disabilities and English learners, 

by— 

(1) providing professional development that is based on the 

result of a rigorous, transparent, and fair evaluation and is designed to improve instruction and student achievement; and 

(2) increasing the number and improving the equitable distribution of teachers and principals in accordance with section 

1111(b)(1)(R). 

SEC. 2102. DEFINITIONS. 

In this part: 

(1) INDUCTION PROGRAM.—The term ‘‘induction program’’ 

has the meaning given the term in section 200 of the Higher 

Education Act of 1965 (20 U.S.C. 1021). 

(2) MENTORING.—The term ‘‘mentoring’’ means supporting 

teachers or principals to increase the effectiveness and retention 

of such teachers or principals through a program that— 

(A) includes clear criteria for the selection of mentors 

that takes into account the mentor’s— 

(i) record of increasing student achievement; and 

(ii) ability to facilitate professional development 

activities; 

(B) provides high-quality training for mentors in how 

to support teachers or principals; 

(C) provides regularly scheduled time for collaboration, 

examination of student work and achievement data, and 

observation of teaching, and identifies and addresses areas 

for improvement; and 

(D) matches mentees with mentors in the same field, 

grade, grade span, or subject area. 

(3) STATE.—The term ‘‘State’’ means each of the 50 States 

of the United States, the Commonwealth of Puerto Rico, and the 

District of Columbia. 

Subpart 1—Grants to States 

SEC. 2111. ALLOTMENTS TO STATES. 

(a) IN GENERAL.—The Secretary shall make grants to States 

with applications approved under section 2112 to enable the States 

to carry out the activities specified in section 2113. Each grant shall 

consist of the allotment determined for a State under subsection (b). 

(b) DETERMINATION OF ALLOTMENTS.— 

(1) RESERVATION OF FUNDS.—From the total amount appropriated to carry out this subpart for a fiscal year, the Secretary shall reserve— 

(A) one-half of 1 percent for allotments for the United 

States Virgin Islands, Guam, American Samoa, and the 

Commonwealth of the Northern Mariana Islands, to be dismstockstill on DSK4VPTVN1PROD with HEARINGS

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tributed among those outlying areas on the basis of their 

relative need, as determined by the Secretary, in accordance 

with the purpose of this part; and 

(B) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or 

funded by the Bureau of Indian Education. 

(2) STATE ALLOTMENTS.— 

(A) IN GENERAL.—Subject to subparagraph (B), from 

the funds appropriated to carry out this subpart and not 

reserved under paragraph (1), the Secretary shall allot to 

each State the sum of— 

(i) an amount that bears the same relationship to 

35 percent of the remaining amount as the number of 

individuals ages 5 through 17 in the State, as determined by the Secretary on the basis of the most recent 

satisfactory data, bears to the number of those individuals in all such States, as so determined; and 

(ii) an amount that bears the same relationship to 

65 percent of the remaining amount as the number of 

individuals, ages 5 through 17 from families with incomes below the poverty line, in the State, as determined by the Secretary on the basis of the most recent 

satisfactory data, bears to the number of those individuals in all such States, as so determined. 

(B) EXCEPTION.—No State receiving an allotment 

under subparagraph (A) may receive less than one-half of 

1 percent of the total amount allotted under such subparagraph. 

(3) REALLOTMENT.—If any State does not receive an allotment under this subsection for any fiscal year, the Secretary 

shall reallot the amount of the allotment to the remaining 

States in accordance with this subsection. 

SEC. 2112. STATE APPLICATIONS. 

(a) IN GENERAL.—For a State to be eligible to receive a grant 

under this subpart, the State educational agency shall submit an 

application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. 

(b) CONTENTS.—Each application submitted under this section 

shall include— 

(1) a description of how the State educational agency will— 

(A) ensure that each local educational agency receiving 

a subgrant under subpart 2 will comply with the requirements of such subgrant, including implementing a professional growth and improvement system; 

(B) provide technical assistance to support such implementation; and 

(C) ensure that the State educational agency regularly 

assesses implementation and results across local educational agencies’ professional growth and improvement 

systems to ensure comparability across the State in implementation of such systems in differentiating teacher and 

principal performance levels; 

(2) a description of how the State will use funds pursuant 

to section 2113(a); 

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(3) a description of how the activities to be carried out by 

the State educational agency under this subpart will be evidence-based and an explanation of why the activities are expected to improve student achievement; 

(4) a description of how activities under this subpart are 

aligned with State academic content and student academic 

achievement standards and State assessments, which include, 

as appropriate, State early learning standards for children 

younger than kindergarten; 

(5) a description of how the State educational agency, working with local educational agencies, will provide data on each 

teacher’s student achievement and growth for the State assessments required under section 1111(a)(2) to teachers and local 

educational agencies, in a timely and useful manner; 

(6) a description of how the State educational agency will 

hold local educational agencies accountable for meeting the requirements of section 1117; 

(7) an assurance that the State educational agency will 

comply with section 9501 (regarding participation by private 

school children and teachers); 

(8) a description of the activities funded under this subpart, 

including how such activities will be coordinated with the State 

agency responsible for early childhood education programs and 

the State Advisory Council on Early Childhood Education and 

Care established under section 642B of the Head Start Act, that 

are designed to improve and strengthen the knowledge and 

skills of teachers and principals responsible for educating children in preschool, where applicable, through grade 3; 

(9) a description of how the State educational agency will 

provide for the equitable distribution of teachers in accordance 

with section 1111(b)(1)(R); and 

(10) an assurance that the State educational agency is encouraging collaboration between higher education-based educator preparation programs, the State, and local educational 

agencies to promote the readiness of new educators entering the 

profession through clinical experience and interaction, as well 

as other activities. 

(c) DEEMED APPROVAL.—An application submitted by a State 

educational agency pursuant to subsection (a) shall be deemed to be 

approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning 

on the date on which the Secretary received the application, that the 

application is not in compliance with this subpart. 

(d) DISAPPROVAL.—The Secretary shall not finally disapprove 

the application, except after giving the State educational agency notice and an opportunity for a hearing. 

(e) NOTIFICATION.—If the Secretary finds that the application is 

not in compliance, in whole or in part, with this subpart, the Secretary shall— 

(1) give the State educational agency notice and an opportunity for a hearing; and 

(2) notify the State educational agency of the finding of 

noncompliance and, in such notification, shall— 

(A) cite the specific provisions in the application that 

are not in compliance; and 

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(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. 

(f) RESPONSE.—If the State educational agency responds to the 

Secretary’s notification described in subsection (e)(2) during the 45- 

day period beginning on the date on which the agency received the 

notification, and resubmits the application with the requested information described in subsection (e)(2)(B), the Secretary shall approve 

or disapprove such application prior to the later of— 

(1) the expiration of the 45-day period beginning on the 

date on which the application is resubmitted; or 

(2) the expiration of the 120-day period described in subsection (c). 

(g) FAILURE TO RESPOND.—If the State educational agency does 

not respond to the Secretary’s notification described in subsection 

(e)(2) during the 45-day period beginning on the date on which the 

agency received the notification, such application shall be deemed to 

be disapproved. 

SEC. 2113. STATE USE OF FUNDS. 

(a) IN GENERAL.—A State that receives a grant under section 

2111— 

(1) shall reserve 95 percent of the funds made available 

through the grant to make subgrants to local educational agencies as described in subpart 2; 

(2) shall use not less than 2 percent but not more than 5 

percent of funds made available through the grant to support 

local educational agencies in— 

(A) improving the performance and equitable distribution of principals and, at the State’s discretion, other school 

leaders, including through— 

(i) activities designed to recruit, prepare, place, assist, support, and retain highly rated principals for 

high-need schools and low-performing schools, including through compensation or incentives; and 

(ii) providing training and support to principals 

and school leadership teams in high-need schools and 

low-performing schools on improving instruction and 

closing achievement gaps; and 

(B) providing technical assistance to local educational 

agencies to support the design and implementation of professional growth and improvement systems, including— 

(i) developing and disseminating research-based 

models and designing high-quality evaluation tools, 

such as classroom observation rubrics; 

(ii) developing and providing training for principals and other evaluators on how to evaluate teachers 

in order to differentiate teacher performance accurately, provide useful feedback, and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; 

(iii) developing methods, including training and 

auditing, for ensuring inter-rater reliability of evaluation results; 

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(iv) providing information on the appropriate collection, reporting, analysis, and use of evaluation data; 

and 

(v) developing a system for auditing the quality of 

professional growth and improvement systems, including the correlation with student achievement and continuous improvement, and improving such systems 

based on data and feedback; and 

(3) shall use funds remaining after making the reservations 

under paragraphs (1) and (2) to— 

(A) plan and administer State activities under this 

part, including awarding, monitoring, and enforcing the requirements of subgrants awarded under subpart 2; 

(B) assist local educational agencies in recruiting, preparing, placing, developing, and retaining highly rated 

teachers for high-need schools and low-performing schools; 

(C) provide technical assistance, as necessary, to local 

educational agencies that receive subgrants under subpart 

2, to improve performance on the measures described in 

section 2141(b), as applicable; 

(D) develop and disseminate the State Report described 

in subpart 4, and use the information in the State Report 

to guide efforts under this part; and 

(E) provide technical assistance and support to local 

educational agencies in the development and implementation of programs and policies that support young children’s 

transition from early childhood education programs into elementary schools, improve school readiness, and improve 

the academic achievement of young children. 

(b) OPTIONAL USES.— 

(1) IN GENERAL.—A State that receives a grant under section 2111 may, from the funds reserved pursuant to subsection 

(a)(2), use an amount equal to not more than 1 percent of the 

funds made available through the grant to establish, expand, or 

implement 1 or more teacher or principal preparation academies and to provide for a State authorizer, if— 

(A) the State does not have in place legal, statutory, or 

regulatory barriers to the creation or operation of teacher or 

principal preparation academies; 

(B) the State enables candidates attending a teacher or 

principal preparation academy to be eligible for State financial aid to the same extent as participants in other 

State-approved teacher or principal preparation programs, 

including alternative certification, licensure, or credential 

programs; 

(C) the State enables teachers or principals who are 

teaching or working while on alternative certificates, licenses, or credentials to teach or work in the State while 

enrolled in a teacher or principal preparation academy; 

and 

(D) the State will recognize a certificate of completion 

(from any teacher or principal preparation academy that is 

not, or is unaffiliated with, an institution of higher education), as at least the equivalent of a master’s degree in 

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education for the purposes of hiring, retention, compensation, and promotion in the State. 

(2) DEFINITIONS.—In this subsection: 

(A) TEACHER OR PRINCIPAL PREPARATION ACADEMY.— The term ‘‘teacher or principal preparation academy’’ 

means a public or other nonprofit institution that will prepare teachers or principals, or both, to serve in high-need 

schools and that— 

(i) enters into an agreement with a State authorizer that specifies the goals expected of the institution, 

including— 

(I) a requirement that— 

(aa) teacher or principal candidates, or 

teachers teaching or principals serving on alternative certificates, licenses, or credentials, 

who are enrolled in the academy receive a significant part of their training through clinical 

preparation that partners candidates with 

mentor teachers or principals with a demonstrated track record of success in improving 

student growth, including (where applicable) 

children with disabilities, children living in 

poverty, and English learners; and 

(bb) the academy will provide instruction 

to teacher candidates that links to the clinical 

preparation experience; 

(II) the number of teachers or principals the 

academy will produce and the minimum number 

and percentage of teachers or principals who will 

demonstrate success in improving student performance based on multiple measures (including student growth); 

(III) a requirement that the teacher preparation component of the academy will only award a 

certificate of completion (or degree, if the academy 

is, or is affiliated with, an institution of higher 

education) after the graduate demonstrates a track 

record of success in improving student performance 

based on multiple measures (including student 

growth), either as a student teacher or teacher-ofrecord on an alternative certificate, license, or credential; 

(IV) a requirement that the principal preparation component of the academy will only award a 

certificate of completion (or degree, if the academy 

is, or is affiliated with, an institution of higher 

education) after the graduate demonstrates a track 

record of success in improving student performance 

for some or all of a school’s students; and 

(V) timelines for producing cohorts of graduates and conferring certificates of completion (or 

degrees, if the academy is, or is affiliated with, an 

institution of higher education) from the academy; 

(ii) shall not have unnecessary restrictions placed 

on the methods the academy will use to train teacher 

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or principal candidates (or teachers or principals that 

are teaching or working while on alternative certificates, licenses, or credentials), including restrictions or 

requirements— 

(I) obligating the faculty of the academy to 

hold advanced degrees, or prohibiting the faculty 

of the academy from holding advanced degrees; 

(II) obligating such faculty to conduct academic research; 

(III) related to the physical infrastructure of 

the academy; 

(IV) related to the number of course credits required as part of the program of study; 

(V) related to the undergraduate coursework 

completed by teachers teaching on alternative certificates, licenses, or credentials, as long as such 

teachers have successfully passed all relevant 

State-approved content area examinations; or 

(VI) related to obtaining additional accreditation from a national accrediting body; and 

(iii) limits admission to its program to candidates 

who demonstrate strong potential to improve student 

achievement, based on a rigorous selection process that 

reviews a candidate’s prior academic achievement or 

record of professional accomplishment. 

(B) STATE AUTHORIZER.—The term ‘‘State authorizer’’ 

means an entity designated by the Governor of a State to 

recognize teacher or principal preparation academies within the State that— 

(i) enters into an agreement with a teacher or principal preparation academy that specifies the goals expected of the academy, as described in subparagraph 

(A)(i); 

(ii) may be a nonprofit organization, State educational agency, or other public entity, or consortium of 

such entities (including a consortium of States); and 

(iii) does not reauthorize a teacher or principal 

preparation academy if the academy fails to produce 

the minimum number or percentage of effective teachers or principals, respectively, identified in the academy’s authorizing agreement. 

(c) SUPPLEMENT, NOT SUPPLANT.—Funds received under this 

subpart shall be used to supplement, and not supplant, non-Federal 

funds that would otherwise be used for activities authorized under 

this subpart. 

Subpart 2—Subgrants to Local Educational 

Agencies 

SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES. 

(a) IN GENERAL.—The Secretary may make a grant to a State 

under subpart 1 only if the State educational agency agrees to distribute the funds described in this section as subgrants to local educational agencies under this subpart. 

(b) ALLOCATIONS.— 

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(1) IN GENERAL.—From the total amount reserved by a 

State under section 2113(a)(1) for a fiscal year, the State educational agency shall allocate to each of the eligible local educational agencies in the State for such fiscal year the sum of— 

(A) an amount that bears the same relationship to 20 

percent of the total amount reserved as the number of individuals age 5 through 17 in the geographic area served by 

the agency, as determined by the Secretary on the basis of 

the most recent satisfactory data, bears to the number of 

those individuals in the geographic areas served by all the 

local educational agencies in the State, as so determined; 

and 

(B) an amount that bears the same relationship to 80 

percent of the total amount reserved as the number of individuals age 5 through 17 from families with incomes below 

the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most 

recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined. 

(2) HOLD HARMLESS.— (A) IN GENERAL.—Notwithstanding paragraph (1), the 

State educational agency shall allocate to each of the eligible local educational agencies in the State an amount that 

is not less than 90 percent of the allocation the eligible local 

educational agency received for the previous fiscal year 

under this part. 

(B) RATABLE REDUCTION.—If insufficient funds are appropriated to allocate the amounts that all eligible local 

educational agencies in the State are eligible to receive 

under subparagraph (A) for a fiscal year, the Secretary 

shall ratably reduce those amounts for the fiscal year. 

SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESSMENT. 

(a) IN GENERAL.—To be eligible to receive a subgrant under this 

subpart, a local educational agency shall— 

(1) submit an application to the State educational agency 

at such time, in such manner, and containing such information 

as the State educational agency may reasonably require; and 

(2) conduct, with the involvement of school staff and other 

stakeholders, as applicable, an assessment of the human capital 

needs of the local educational agency, including in the areas set 

forth under section 2141(b), as applicable. 

(b) CONTENTS.—Each application submitted under this section 

shall include the following: 

(1) NEEDS ASSESSMENT.—A description of the results of the 

needs assessment conducted under subsection (a)(2) and how 

the local educational agency will align use of funds with such 

assessment. 

(2) PERFORMANCE MEASURES.—A description of the performance measures and activities the local educational agency 

will use to address the needs identified in such assessment. 

(3) PROFESSIONAL GROWTH AND IMPROVEMENT SYSTEM.— 

An assurance that the local educational agency will create, or 

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cy and approved by the State educational agency that shall not 

be later than the 2015–2016 school year. 

(4) PROFESSIONAL DEVELOPMENT.—A description of the professional development activities that will be made available to 

teachers and principals under this subpart and how the local 

educational agency will ensure that the professional development needs of teachers and principals, as identified by the professional growth and improvement system, will be met using 

funds under this subpart. 

(5) ENCOURAGING COLLABORATION TO PROMOTE EDUCATOR

READINESS.—An assurance that the local educational agency is 

encouraging collaboration with higher education-based educator preparation programs to promote the readiness of new educators entering the profession through clinical experience and 

interaction, as well as other activities. 

(6) INTEGRATION OF TECHNOLOGY INTO CURRICULA AND IN- STRUCTION.—A description of how the local educational agency 

will integrate funds under this subpart with funds received 

under part D that are used for professional development to 

train teachers to integrate technology into curricula and instruction to improve teaching, learning, and technology literacy. 

(7) EVIDENCE-BASED ACTIVITIES.—A description of how the 

activities to be carried out by the State educational agency 

under this subpart will be evidence-based and an explanation 

of why the activities are expected to improve student achievement. 

SEC. 2123. LOCAL USE OF FUNDS. 

(a) IN GENERAL.—A local educational agency that receives a 

subgrant under section 2121 shall use subgrant funds to address 

the achievement of students in schools designated as focus schools 

under section 1116(c) and priority schools under section 1116(d) 

and schools not meeting their performance targets, as described in 

section 1116(b). 

(b) PROFESSIONAL DEVELOPMENT.— (1) IN GENERAL.—A local educational agency that receives 

a subgrant under section 2121 shall use subgrant funds to develop and carry out professional development, which may include joint professional development for teachers, principals, 

and other relevant school staff with early childhood education 

program staff. 

(2) PRIORITY SCHOOLS; FOCUS SCHOOLS.—Not less than 20 

percent of subgrant funds— 

(A) shall be used to provide professional development 

for teachers serving students in schools identified as priority schools under section 1116(d) and not receiving school 

improvement funds as described in section 1116(f); and 

(B) if a local educational agency has excess funds after 

meeting the needs of teachers serving students in priority 

schools, as required under subparagraph (A), may be used 

to provide professional development for teachers serving 

students in schools identified as focus schools under section 

1116(c). 

(c) PERMISSIBLE USES OF FUNDS.—A local educational agency 

that receives a subgrant under section 2121 may use subgrant funds 

to implement strategies that lead to increased student achievement 

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for all students, including English learners and students with disabilities, by carrying out 1 or more of the following activities: 

(1) Developing, implementing and improving an induction 

program or a mentoring program. 

(2) Improving within-district equity in the distribution of 

teachers consistent with the requirements of section 

1111(b)(1)(R). 

(3) Developing and implementing a professional growth 

and improvement system. 

(4) Carrying out in-service training for school personnel 

in— 

(A) the techniques and supports needed for early identification of children with trauma histories, and children 

with, or at risk of, mental illness; 

(B) the use of referral mechanisms that effectively link 

such children to appropriate treatment and intervention 

services in the school and in the community, where appropriate; and 

(C) forming partnerships between school-based mental 

health programs and public or private mental health organizations. 

(5) Increasing teacher capacity to evaluate student work 

and use student achievement data and creating career ladders 

to provide opportunities for highly rated teachers or paraprofessionals to advance or take on additional roles and responsibilities. 

(6) Recruiting, preparing, placing, supporting, developing, 

rewarding, and retaining highly rated teachers and principals 

in high-need schools and low-performing schools. 

(7) Reducing class size for prekindergarten through grade 

3, by an amount and to a level consistent with what scientifically valid research has found to improve student achievement. 

(d) SUPPLEMENT, NOT SUPPLANT.—Funds received under this 

subpart shall be used to supplement, and not supplant, non-Federal 

funds that would otherwise be used for activities authorized under 

this subpart. 

Subpart 3—National Leadership Activities 

SEC. 2131. NATIONAL LEADERSHIP ACTIVITIES. 

From the funds made available to carry out this part for a fiscal year, the Secretary is authorized to set aside not more than 1 

percent for the following activities related to the purpose of this 

part: 

(1) Research and development. 

(2) Technical assistance. 

(3) Outreach and dissemination activities directly or 

through grants, contracts, or cooperative agreements. 

(4) Activities relating to gifted and talented students, as described in section 2132. 

SEC. 2132. GIFTED AND TALENTED STUDENTS. 

The Secretary shall— 

(1) acting through the Director of the Institute of Education 

Sciences, continue research and development activities related 

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to the education of gifted and talented students, particularly research and development activities related to such students who 

reside in rural communities or have been underrepresented as 

gifted and talented; 

(2) support a National Research Center on the Gifted and 

Talented that conducts research and serves as a national clearinghouse for evidence-based best practices to improve the identification and instruction of gifted and talented students; and 

(3) administer demonstration grants, in consultation with 

the Director of the Institute of Education Sciences, to programs 

that build and enhance the ability of elementary school and secondary school personnel to support gifted and talented students. 

Subpart 4—Accountability 

SEC. 2141. ACCOUNTABILITY. 

(a) IN GENERAL.— 

(1) STATE REPORT.—Each State that receives a grant under 

subpart 1 shall annually submit to the Secretary, in a manner 

prescribed by the Secretary, and make public, a State Report on 

program performance and results under such grant. Such State 

Report shall provide the information required under subsection 

(b). 

(2) LOCAL EDUCATIONAL AGENCY REPORT.—Each local educational agency that receives a subgrant under subpart 2 shall 

annually submit to the State, in a manner prescribed by the 

State, and make public, a Local Educational Agency Report on 

program performance and results under such subgrant. Such 

Local Educational Agency Report shall provide the information 

required under subsection (b). 

(3) FERPA COMPLIANCE.—Each State and local educational agency that submits a report in compliance with this 

subsection shall collect, report, and disseminate information 

contained in such report in compliance with section 444 of the 

General Education Provisions Act (20 U.S.C. 1232g, commonly 

known as the ‘‘Family Educational Rights and Privacy Act of 

1974’’). 

(4) TEACHER AND PRINCIPAL PRIVACY.—No State or local 

educational agency shall publicly report information in compliance with this subsection in a case in which the results would 

reveal personally identifiable information about an individual 

teacher or principal. 

(b) INFORMATION.—Each State Report and Local Educational 

Agency Report shall contain, as appropriate— 

(1) a description of how funds have been used, including 

how funds have been used to address the needs of teachers serving students in schools not meeting performance targets, as described in section 1116(b), and schools identified as focus 

schools and priority schools under subsections (c) and (d) of section 1116 and the results of the use of those funds; 

(2) the number of highly rated teachers in the local educational agency teaching in schools identified as focus schools 

and priority schools under subsections (c) and (d) of section 

1116; 

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(3) student achievement data, by teacher preparation program within the State, for students taught by such program’s 

graduates; 

(4) a description of the professional growth and improvement system required under section 2122; 

(5) a description of how chosen professional development 

activities improved teacher and principal performance using the 

professional growth and improvement system; and 

(6) how funds have been used to contribute to the equitable 

distribution of teachers. 

Subpart 5—Principal Recruitment and Training 

SEC. 2151. PRINCIPAL RECRUITMENT AND TRAINING GRANT PROGRAM. 

(a) DEFINITIONS.—In this section: 

(1) ASPIRING PRINCIPAL.—The term ‘‘aspiring principal’’ 

means an individual who is enrolled in a principal preparation 

program’s preservice residency that provides training in instructional leadership, organizational management, and the development of teachers. 

(2) CURRENT PRINCIPAL.—The term ‘‘current principal’’ 

means an individual who, as of the date of the determination 

of participation in a program under this section, is employed as 

a principal or has been employed as a principal. 

(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) a local educational agency or educational service 

agency that serves an eligible school or a consortium of 

such agencies; 

(B) a State educational agency or a consortium of such 

agencies; 

(C) a State educational agency in partnership with 1 or 

more local educational agencies or educational service 

agencies that serve an eligible school; 

(D) an entity described in subparagraph (A), (B), or (C) 

in partnership with 1 or more nonprofit organizations or 

institutions of higher education; or 

(E) an institution of higher education or a nonprofit organization, if the institution or nonprofit organization can 

demonstrate a record of— 

(i) preparing principals who have been able to improve student achievement substantially; and 

(ii) placing a significant percentage of such principals in eligible schools. 

(4) ELIGIBLE SCHOOL.—The term ‘‘eligible school’’ means a 

public school, including a public charter school, that meets 1 or 

more of the following criteria: 

(A) Is a high-need school. 

(B) Is identified as a priority school under section 

1116(d). 

(C) Is identified as a focus school under section 

1116(c). 

(D) In the case of a public school containing middle 

grades, feeds into a public high school that has less than 

a 60 percent graduation rate. 

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(E) Is a rural school served by a local educational 

agency that is eligible to receive assistance under part B of 

title VI. 

(5) HIGH-NEED SCHOOL.— (A) IN GENERAL.—The term ‘‘high-need school’’ 

means— 

(i) an elementary school or middle school in which 

not less than 50 percent of the enrolled students are 

children from low-income families; or 

(ii) a high school in which not less than 40 percent 

of the enrolled students are children from low-income 

families, which may be calculated using comparable 

data from feeder schools. 

(B) LOW-INCOME FAMILY.—For purposes of subparagraph (A), the term ‘‘low-income family’’ means a family— 

(i) in which the children are eligible for a free or 

reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); 

(ii) receiving assistance under a State program 

funded under part A of title IV of the Social Security 

Act (42 U.S.C. 601 et seq.); or 

(iii) in which the children are eligible to receive 

medical assistance under the Medicaid program. 

(6) MENTOR PRINCIPAL.—The term ‘‘mentor principal’’ 

means an individual with the following characteristics: 

(A) Strong instructional leadership skills in an elementary school or secondary school setting. 

(B) Strong verbal and written communication skills, 

which may be demonstrated by performance on appropriate 

assessments. 

(C) Knowledge, skills, and attitudes to— 

(i) establish and maintain a professional learning 

community that effectively extracts information from 

data to improve the school culture and personalize instruction for all students to result in improved student 

achievement; 

(ii) create and maintain a learning culture within 

the school that provides a climate conducive to the development of all members of the school community, including one of continuous learning for adults tied to 

student learning and other school goals; 

(iii) engage in continuous professional development, utilizing a combination of academic study, developmental simulation exercises, self-reflection, 

mentorship, and internship; 

(iv) understand youth development appropriate to 

the age level served by the school and from this knowledge set high expectations and standards for the academic, social, emotional, and physical development of 

all students; and 

(v) actively engage the community to create shared 

responsibility for student academic performance and 

successful development. 

(7) MIDDLE GRADE.—The term ‘‘middle grade’’ means any of 

grades 5 through 8. 

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(8) SCHOOL-LEVEL STUDENT OUTCOMES.—The term ‘‘schoollevel student outcomes’’ means, at the whole school level and for 

each subgroup of students described in section 1111(a)(3)(D) 

who are served by the school— 

(A) student academic achievement and student growth; 

and 

(B) additional outcomes, including, at the high school 

level, graduation rates and the percentage of students taking college-level coursework. 

(b) PROGRAM AUTHORIZED.— (1) PRINCIPAL RECRUITMENT AND TRAINING GRANT PROGRAM.—The Secretary shall award grants to eligible entities to 

enable such entities to recruit, prepare, place, and support principals in eligible schools. 

(2) DURATION.— 

(A) IN GENERAL.— 

(i) NOT MORE THAN 5 YEAR DURATION.—A grant 

awarded under this section shall be not more than 5 

years in duration. 

(ii) RENEWAL.—The Secretary may— 

(I) renew a grant awarded under this section 

based on performance; and 

(II) in renewing a grant under subclause (I), 

award the grantee increased funding to scale up or 

replicate the grantee’s program. 

(B) PERFORMANCE.—In evaluating performance for 

purposes of subparagraph (A)(ii)(I)— 

(i) the Secretary’s primary consideration shall be 

the extent to which the principals recruited, prepared, 

placed, or supported by the grantee have improved 

school-level student outcomes in eligible schools; and 

(ii) the Secretary shall also consider the percentage 

of program graduates— 

(I) who become principals in eligible schools; 

(II) who remain principals in eligible schools 

for multiple years; and 

(III) who are highly rated principals, as determined by the State educational agency. 

(c) APPLICATION AND SELECTION CRITERIA.— (1) APPLICATION.—An eligible entity that desires a grant 

under this section shall submit to the Secretary an application 

at such time, in such manner, and accompanied by such information as the Secretary may require. 

(2) SELECTION CRITERIA.—In awarding grants under this 

section, the Secretary shall consider— 

(A) the extent to which the entity has the capacity to 

implement the activities described in subsection (e) that the 

entity proposes to implement; 

(B) the extent to which the entity has a demonstrated 

record of effectively preparing high-quality principals or an 

evidenced-based plan for preparing principals to improve 

school-level student outcomes in eligible schools; 

(C) the extent to which the entity has a demonstrated 

record of effectiveness or an evidence-based plan for providing principals trained by the entity with the guidance, 

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support, and tools they need to improve school-level student 

outcomes in eligible schools, including providing principals 

with resources, such as funding to ensure supports for quality teaching, access to best practices, and decisionmaking 

authority over areas such as personnel, budget, curriculum, 

or scheduling; 

(D) the likelihood of the entity sustaining the project 

with funds other than funds provided under this section, 

which other funds may include funds provided under this 

title other than this section, once the grant is no longer 

available to the entity; and 

(E) the extent to which the proposed project will serve 

rural areas or high-poverty areas. 

(d) AWARDING GRANTS.— 

(1) PRIORITY.—In awarding grants under this section, the 

Secretary shall give priority to an eligible entity with a record 

of preparing or developing principals who— 

(A) have improved school-level student outcomes, and 

in the case of high school principals, postsecondary enrollment and persistence rates; 

(B) have become principals in eligible schools; and 

(C) remain principals in eligible schools for multiple 

years. 

(2) GRANTS FOR RURAL SCHOOLS AND LOWEST PERFORMING

SCHOOLS.—In awarding grants under this section, the Secretary 

shall, consistent with the quality of applications— 

(A) award not less than 1 grant to an eligible entity 

that intends to establish a program that focuses on training 

or supporting principals and other school leaders for rural 

schools; and 

(B) award not less than 1 grant to an eligible entity 

that intends to establish a program to train and support 

principals and other school leaders to lead reform efforts in 

priority schools identified under section 1116(d) in a State 

or more than 1 State. 

(3) REFORM EFFORTS.—An eligible entity that receives a 

grant under this section to carry out a program described in 

paragraph (2)(B)— 

(A) during the first year of the grant, shall use grant 

funds to— 

(i) bring together experts and stakeholders who are 

committed to dramatic and effective reform of priority 

schools identified under section 1116(d) who can provide input about what the evidence base shows regarding effective school leadership in such schools; 

(ii) collect and develop, in consultation with experts and stakeholders, a core body of knowledge regarding effective school reform leadership in priority 

schools identified under section 1116(d), which is evidence-based; and 

(iii) develop, drawing on the core body of knowledge developed in clause (ii), a leadership training program for principals, mentors, and other school leaders, 

to prepare and support the principals, mentors, and 

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leaders to lead effective school reform efforts in priority 

schools identified under section 1116(d); and 

(B) during each year of the grant after the first year, 

shall use grant funds— 

(i) to carry out the leadership training program described in subparagraph (A)(iii); 

(ii) to ensure that the leadership training program 

described in subparagraph (A)(iii) is informed, on an 

ongoing basis, by consultation with experts and stakeholders, and by the program’s tracking of the performance of its graduates in leading school reform efforts in 

priority schools identified under section 1116(d); 

(iii) to select cohorts of trained or experienced principals to lead school reform efforts in priority schools 

identified under section 1116(d); 

(iv) to provide support for, and encourage interaction among, cohorts of principals after completion of 

the leadership training program described in subparagraph (A)(iii); and 

(v) to disseminate information to principals, mentors, and other school leaders engaging in reform efforts in priority schools identified under section 

1116(d). 

(e) ACTIVITIES.—Each eligible entity that receives a grant under 

this section shall use grant funds to carry out the following: 

(1) Recruiting and selecting, using rigorous, competencybased, selection criteria, and training and supporting a diverse 

group of aspiring principals or current principals, or both, for 

work in eligible schools. 

(2) Tracking participants to determine if such individuals 

are attaining, or have attained, the competencies needed to complete the training to enter into an effective leadership role, and 

providing counseling or, if appropriate, separation, to participants who the entity determines will not attain, or have not attained, those competencies. 

(3) If the eligible entity provides a program for aspiring 

principals— 

(A) requiring that candidates demonstrate awareness of 

and have experience with the knowledge, skills, and attitudes to— 

(i) establish and maintain a professional learning 

community that effectively extracts information from 

data to improve the school culture and personalize instruction for all students to result in improved student 

achievement; 

(ii) create and maintain a learning culture within 

the school that provides a climate conducive to the development of all members of the school community, including one of continuous learning for adults tied to 

student learning and other school goals; 

(iii) engage in continuous professional development, utilizing a combination of academic study, developmental simulation exercises, self-reflection, 

mentorship, and internship; 

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(iv) understand youth development appropriate to 

the age level served by the school and from this knowledge set high expectations and standards for the academic, social, emotional, and physical development of 

all students; and 

(v) actively engage the community to create shared 

responsibility for student academic performance and 

successful development; and 

(B) ensuring that the program shall provide aspiring 

principals with— 

(i) a preservice residency that is not less than 1 

year in length, and that includes coaching from a mentor principal, and instructional leadership and organizational management experience; 

(ii) focused coursework on instructional leadership, 

organizational management, and the use of a variety of 

data for purposes of— 

(I) instruction; 

(II) evaluation and development of teachers; 

and 

(III) development of highly effective school organizations; and 

(iii) ongoing support, mentoring, and professional 

development for not less than 2 years after the aspiring 

principals complete the residency and commence work 

as assistant principals and principals. 

(4) Training mentors for principals who are serving or who 

wish to serve in eligible schools or for aspiring principals who 

wish to serve in such eligible schools, or for both. 

(5) Providing differentiated training to participants in competencies that evidence shows are critical to improving schoollevel student outcomes in eligible schools, such as— 

(A) recruiting, training, supervising, supporting, and 

evaluating teachers and other staff; 

(B) developing teams of effective school staff, and distributing among members of such teams responsibilities for 

leading and improving their schools; 

(C) establishing learning communities where principals 

and teachers— 

(i) share a school mission and goals with an explicit vision of quality teaching and learning that 

guides all instructional decisions; 

(ii) commit to improving student outcomes and 

performances; 

(iii) set a continuous cycle of collective inquiry and 

improvement; 

(iv) foster a culture of collaboration where teachers 

and principals work together on a regular basis to analyze and improve teaching and learning; and 

(v) support and share leadership; 

(D) where applicable for participants serving elementary schools, offering high-quality early childhood education to the students such participants are serving and facilitating the transition of children from early learning settings to elementary school; 

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(E) where applicable for participants serving high 

schools, facilitating postsecondary level coursework for students through access to Advanced Placement and International Baccalaureate courses, dual enrollment programs, 

and early college high schools, as well as support services 

to help students transition to postsecondary education; 

(F) setting high expectations for student achievement; 

(G) addressing the unique needs of specific student 

populations served, such as students with disabilities, students who are English learners, and students who are 

homeless or in foster care; 

(H) managing budget resources and school time to support high-quality instruction and improvements in student 

achievement, such as by extending the school day and year 

and providing common planning time to teachers and staff; 

(I) working effectively with students’ parents and other 

members of the community; 

(J) using technology and multiple sources of data to 

personalize instruction; 

(K) monitoring and improving the alignment and effectiveness of curriculum, instruction, and assessment, using 

a variety of data providing evidence of student and school 

outcomes; and 

(L) developing and maintaining a positive school culture where students, teachers, and other staff are motivated 

to collaborate and work together to achieve goals. 

(6) Delivering high-quality, differentiated, school-level support services and training to current principals of eligible 

schools, if the eligible entity provides a program for current 

principals, or during the period described in paragraph 

(3)(B)(iii) to individuals who have completed the aspiring principal residency, if the eligible entity provides a program for aspiring principals, to help meet the specific needs of the eligible 

schools they serve, which may include— 

(A) training and support for the design of schoolwide 

improvement plans based on the diagnosis of school conditions and needs informed by data and analysis of classroom and school practices; and 

(B) support in organizing and training the teams described in paragraph (5)(B). 

(7) Making available any training materials funded under 

the grant, such as syllabi, assignments, or selection rubrics, to 

the Department for public dissemination. 

(8) Tracking the effectiveness of the program based on, at 

a minimum— 

(A) school-level student outcomes at the schools where 

program graduates have served as principals; 

(B) the percentage of program graduates who become 

principals in eligible schools; and 

(C) the percentage of program graduates who remain 

principals in eligible schools for multiple years. 

(9) Using the data on the effectiveness of the program for, 

among other purposes, the continuous improvement of the program. 

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(f) ANNUAL REPORT.—An eligible entity that receives a grant 

under this section shall submit an annual report, beginning in the 

third year of the grant, to the Secretary regarding— 

(1) school-level student outcomes resulting from implementation of the grant activities; and 

(2) data on— 

(A) the percentage of program graduates who become 

principals in eligible schools; 

(B) the percentage of graduates who remain principals 

in eligible schools for multiple years; and 

(C) the percentage of program graduates who are highly rated, as determined by the State educational agency. 

(g) MATCHING REQUIREMENT.— (1) MATCHING REQUIREMENT.— (A) IN GENERAL.—An eligible entity that receives a 

grant under this section shall contribute annually to the activities assisted under such grant matching funds in an 

amount equal to not less than 20 percent of the amount of 

the grant from non-Federal sources. 

(B) MATCHING FUNDS.—The matching funds requirement under subparagraph (A) may be met by— 

(i) contributions that are in cash or in-kind, fairly 

evaluated; and 

(ii) payments of a salary or stipend to an aspiring 

principal during the aspiring principal’s residency 

year. 

(2) WAIVER.—The Secretary may waive or reduce the 

matching requirement under paragraph (1) if the eligible entity 

demonstrates a need for such waiver or reduction due to financial hardship. 

(h) SUPPLEMENT, NOT SUPPLANT.—Grant funds provided under 

this section shall be used to supplement, and not supplant, any 

other Federal, State, or local funds otherwise available to carry out 

the activities described in this section. 

PART B—TEACHER PATHWAYS TO THE 

CLASSROOM 

SEC. 2201. TEACHER PATHWAYS. 

(a) PURPOSE.—It is the purpose of this section to support the recruitment, selection, preparation, placement, retention, and support 

of teachers in high-need subjects or fields who will improve student 

academic achievement and student outcomes at high-needs schools. 

(b) DEFINITIONS.—In this section: 

(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) a partnership of— 

(i) 1 or more institutions of higher education or 

nonprofit organizations; and 

(ii) a high-need local educational agency and 1 or 

more other local educational agencies or State educational agencies; or 

(B) an institution of higher education or a nonprofit organization that can demonstrate a record of— 

(i) preparing teachers who are successful in improving student achievement; and 

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(ii) placing a significant percentage of those teachers in high-need schools. 

(2) TEACHER IN A HIGH-NEED SUBJECT OR FIELD.—The term 

‘‘teacher in a high-need subject or field’’ means a teacher of— 

(A) students with disabilities; 

(B) English learners; or 

(C) science, technology, engineering, or mathematics. 

(c) AUTHORIZATION OF GRANT AWARDS.—The Secretary shall 

award grants to eligible entities to pay for the Federal share of the 

cost of carrying out the activities described in this section. 

(d) APPLICATIONS.—An eligible entity that desires to receive a 

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

(e) CONSIDERATIONS.—In awarding grants under this section, 

the Secretary shall consider the geographic diversity of the eligible 

entities, including the distribution of grants among urban, suburban, and rural areas. 

(f) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to applicants that demonstrate a record 

of— 

(1) recruiting college undergraduates, recent college graduates, graduate students, and professionals with a demonstrated history of significant academic achievement to become 

teachers; 

(2) recruiting and selecting candidates who are members of 

groups underrepresented in the teaching profession; and 

(3) preparing teachers who consistently improve student 

academic achievement at high-need schools. 

(g) REQUIRED USE OF FUNDS.—An eligible entity that receives 

a grant under this section shall use the grant funds for the following: 

(1) To recruit, select, prepare, place, retain, and support 

teachers for high-need schools and teachers in high-need subjects or fields. 

(2) To prepare all teachers to teach students with disabilities and English learners. 

(3) To prepare teachers in classroom management, instructional planning and delivery, learning theory and cognitive development, literacy development, and student assessment. 

(4) To provide school-based, clinical experience at a highneed school that includes observation of and feedback on teacher candidates’ teaching. 

(5) To provide ongoing mentoring and support, which may 

include coursework, for participants for at least 1 school year. 

(h) PERMISSIBLE USE OF GRANT FUNDS.—An eligible entity that 

receives a grant under this section may use the grant funds to provide financial stipends for teacher candidates who are not the teacher of record. 

(i) PERFORMANCE AND GRANT RENEWAL.— 

(1) TRACKING PERFORMANCE.—An eligible entity that receives a grant under this section shall— 

(A) track the placement rate, retention rate, and performance in improving student academic achievement of 

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teachers recruited and prepared by programs funded by the 

grant; and 

(B) submit data on such performance to the Secretary. 

(2) CONDITIONS FOR GRANT RENEWAL.—The Secretary shall 

evaluate the information submitted under paragraph (1) and 

renew a grant awarded under this section only if the data indicate the teachers are successful in improving student academic 

achievement. 

(j) FISCAL AGENT.—The fiscal agent for an eligible entity that 

receives a grant under this section may be a local educational agency, State educational agency, institution of higher education, or nonprofit organization that is a partner in the eligible entity. 

(k) MATCHING REQUIREMENTS.— (1) FEDERAL SHARE.—Except as provided in paragraph 

(2)(B), the Federal share for this section shall be a percentage 

of the cost of the activities assisted under the grant as determined by the Secretary. 

(2) NON-FEDERAL SHARE.— (A) IN GENERAL.—The non-Federal share provided by 

an eligible entity receiving a grant under this section shall 

be a percentage of the cost of the activities assisted under 

the grant as determined by the Secretary. The non-Federal 

share may include in-kind contributions. 

(B) SPECIAL RULE.—The Secretary may waive or reduce 

the amount of the non-Federal share described in subparagraph (A) for any fiscal year if the eligible entity demonstrates to the Secretary that the funds needed to carry 

out that subparagraph are unavailable due to economic 

hardship, as determined by the Secretary. 

(l) EVALUATION.—From the amount appropriated for this part 

and reserved for evaluation activities in accordance with section 

9601(a), the Secretary, acting through the Director of the Institute 

of Education Sciences, shall, in consultation with the relevant program office at the Department— 

(1) evaluate the implementation and impact of the program 

under this section; 

(2) identify best practices for recruiting, selecting, preparing, placing, retaining, and supporting teachers in highneed subjects or fields for high-need schools; and 

(3) disseminate research on best practices. 

PART C—TEACHER INCENTIVE FUND 

PROGRAM 

SEC. 2301. PURPOSES; DEFINITIONS. 

(a) PURPOSES.—The purposes of this part are to assist States, 

local educational agencies, and nonprofit organizations to develop, 

implement, improve, or expand strategies to ensure that the most effective teachers and principals are serving in the lowest-performing 

schools. 

(b) DEFINITIONS.—Except as otherwise provided, in this part: 

(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) a local educational agency or a consortium of local 

educational agencies, which may include a charter school 

that is a local educational agency; 

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(B) a State educational agency, or other State agency 

designated by the chief executive of a State to participate 

under this part; or 

(C) an institution of higher education or nonprofit organization, in partnership with an entity described in subparagraph (A) or (B). 

(2) HIGHLY EFFECTIVE TEACHER OR PRINCIPAL.—The term 

‘‘highly effective teacher or principal’’ means a teacher or principal who has not less than 3 years of— 

(A) receiving the highest ratings in a professional 

growth and improvement system; or 

(B) if a professional growth and improvement system 

has not yet been implemented, receiving the highest rating 

category of an existing local educational agency teacher or 

principal evaluation system. 

(3) HUMAN CAPITAL SYSTEM.—The term ‘‘human capital 

system’’ means an evidence-based and data-driven system for— 

(A) identifying, recruiting, training, hiring, placing, 

and retaining those individuals who are or are most likely 

to be highly effective teachers and principals; 

(B) attracting highly effective teachers and principals 

to high-need schools, including by providing highly effective 

teachers and principals in such schools with support and 

development opportunities focused on increasing student 

achievement; and 

(C) retaining highly effective teachers and principals in 

high-need schools over time by creating school environments that enable excellent teaching, including through 

strategies such as personalized learning, project-based 

learning, blended learning, distributed leadership, career 

pathways, and time for collaboration and use of student 

data in professional learning communities. 

SEC. 2302. TEACHER INCENTIVE FUND GRANTS. 

(a) IN GENERAL.—From the amounts appropriated to carry out 

this part, the Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, 

implement, improve, or expand strategies, including incentives and 

human capital systems to increase the number of highly effective 

teachers and principals serving in high-need schools. 

(b) PRIORITY.—In awarding a grant under this part, the Secretary shall give priority to an eligible entity that concentrates the 

proposed activities in high-need schools designated as priority 

schools, as described in section 1116(d), and then to an eligible entity that concentrates the proposed activities in a State or local educational agency that has already developed a professional growth 

and improvement system required under section 2122. 

(c) APPLICATIONS.—To be eligible to receive a grant under this 

part, an eligible entity shall submit an application to the Secretary, 

at such time and in such manner as the Secretary may reasonably 

require. The application shall include, as applicable— 

(1) a description of the strategy that the eligible entity proposes to develop, implement, improve, or expand; 

(2) a description and evidence of the support and commitment of teachers and principals in the school to be served by the 

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tions, and the local educational agencies, including a demonstration of consultation with teachers and principals in the 

design and development of the proposal; 

(3) a description of the local educational agency or school 

to be served by the project, including such student academic 

achievement, demographic, and socioeconomic information as 

the Secretary may request; 

(4) a description of the quality of teachers and principals 

in the local educational agency and the schools to be served by 

the project and how the project will increase the quality of 

teachers and principals in a high-need school; 

(5) a description of how the eligible entity will use grant 

funds under this part in each year of the grant to continuously 

increase the number of highly effective teachers and principals 

in the highest-need schools; 

(6) a description of how the eligible entity will continue 

funding and carrying out the project after the grant period 

ends; 

(7) a description of the State, local, or other public or private funds that will be used to supplement the grant and sustain the activities assisted under the grant at the end of the 

grant period; and 

(8) a description of the rationale and evidence base for the 

proposed activities and of any prior experience of the eligible entity in developing and implementing such activities. 

(d) USE OF FUNDS.—An eligible entity that receives a grant 

under this part shall use the grant funds to carry out activities that 

are designed to develop, implement, improve, or expand strategies to 

increase the number of highly effective teachers or principals serving 

in high-need schools, consistent with this part, which may include— 

(1) paying bonuses and increased salaries, if the eligible entity uses an increasing share of non-Federal funds to pay the 

bonuses and increased salaries each year of the grant, to highly 

effective teachers or principals who work in high-need schools; 

(2) improving a professional growth and improvement system required under section 2122; 

(3) reforming the local educational agency’s system of compensating teachers and principals; and 

(4) developing and implementing a human capital system. 

(e) DURATION OF GRANTS.— 

(1) IN GENERAL.—The Secretary may award a grant under 

this part for a period of not more than 5 years. 

(2) LIMITATION.—A local educational agency may receive 

(whether individually or as part of a consortium or partnership) a grant under this part only twice. A second grant may 

be awarded only if the Secretary determines that the eligible entity has demonstrated sufficient progress and demonstrates the 

sustainability of the grant project after the expiration of the 

grant period. 

(f) EQUITABLE GEOGRAPHIC DISTRIBUTION.—To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this part, including the distribution between 

rural and urban areas. 

(g) SUPPLEMENT, NOT SUPPLANT.—Grant funds provided under 

this part shall be used to supplement, not supplant, other Federal, 

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State, or local funds available to carry out the activities described 

in this part. 

PART D—ACHIEVEMENT THROUGH 

TECHNOLOGY AND INNOVATION 

SEC. 2401. SHORT TITLE. 

This part may be cited as the ‘‘Achievement Through Technology and Innovation Act of 2013’’ or the ‘‘ATTAIN Act’’. 

SEC. 2402. PURPOSES AND GOALS. 

The purposes and goals of this part are— 

(1) to ensure that through effective and innovative uses of 

technology every student has access to personalized, rigorous, 

and relevant learning to meet the goals of this part to raise student achievement, close the achievement gap, and ensure highly 

effective teaching, and to prepare all students to be technology 

literate and make sufficient academic growth to succeed in the 

21st century digital economy; 

(2) to evaluate, build upon, and increase the use of evidence-based and innovative systemic education transformations 

that center on the use of technology that leads to school improvement, improved productivity, and increased student 

achievement; 

(3) to ensure that all educators are connected in an ongoing 

manner to technology-based and online resources and supports, 

including through enhanced ongoing, meaningful professional 

development to ensure that— 

(A) all educators are technology literate and effectively 

use technology to improve instruction; and 

(B) education administrators possess the capacity to— 

(i) provide leadership in the use of technology for 

systemic education transformation; and 

(ii) improve educational productivity; 

(4) to improve student engagement, opportunity, attendance, graduation rates, and technology access through enhanced 

or redesigned curriculum or instruction; 

(5) to more effectively collect and use student performance 

and other data in a timely manner to inform instruction, address individualized student needs, support school decisionmaking, and support school improvement and increased student 

achievement, including through delivery of computer-based and 

online assessments; 

(6) to enhance the use of technology, online learning, and 

blended learning for systemic education transformation, including curricula redesign and new instructional strategies to personalize learning; and 

(7) to increase education productivity and reduce costs 

through the use of technology, blended learning, and online 

learning, including for the delivery of online assessments. 

SEC. 2403. DEFINITIONS. 

In this part: 

(1) BLENDED LEARNING.—The term ‘‘blended learning’’ 

means the combination of online learning and traditional inperson classroom instruction, or technology-based learning, in a 

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supervised classroom setting with some element of student control over time, place, path, or pace. 

(2) DIGITAL LEARNING.—The term ‘‘digital learning’’ means 

any instructional practice that effectively uses technology to 

strengthen a student’s learning experience and encompasses a 

wide spectrum of tools and practices, including— 

(A) interactive learning resources that engage students 

in academic content; 

(B) access to online databases and other primary 

source documents; 

(C) the use of data to personalize learning and provide 

targeted supplementary instruction; 

(D) student collaboration with content experts and 

peers; 

(E) online and computer-based assessments; 

(F) digital content, adaptive, and simulation software 

or courseware; 

(G) online courses, online instruction, or digital learning platforms; 

(H) mobile and wireless technologies for learning in 

school and at home; 

(I) learning environments that allow for rich collaboration and communication; 

(J) authentic audiences for learning in a relevant, real 

world experience; and 

(K) teacher participation in virtual professional communities of practice. 

(3) ELIGIBLE TECHNOLOGY.—The term ‘‘eligible technology’’ 

means modern information, computer, and communication 

technology hardware, software, services, or tools, including computer or mobile hardware devices and other computer and communications hardware, software applications, systems and platforms, and digital and online content, courseware, and online 

instruction and other online services and supports. 

(4) E-RATE PROGRAM.—The term ‘‘E-rate program’’ means 

the Schools and Libraries Universal Service Support Mechanism under section 254(h)(1)(B) of the Communications Act of 

1934 (47 U.S.C. 254(h)(1)(B)). 

(5) STUDENT TECHNOLOGY LITERACY.—The term ‘‘student 

technology literacy’’ means student knowledge and skills in 

using contemporary information, communication, and learning 

technologies in a manner necessary for successful employment, 

lifelong learning, and citizenship in the knowledge-based, digital, and global 21st century, including, at a minimum, the 

ability to— 

(A) effectively communicate and collaborate; 

(B) analyze and solve problems; 

(C) access, evaluate, manage, and create information 

and otherwise gain information literacy; 

(D) demonstrate creative thinking, construct knowledge, and develop innovative products and processes; and 

(E) carry out the activities described in subparagraphs 

(A) through (D) in a safe and ethical manner. 

(6) TECHNOLOGY READINESS SURVEY.—The term ‘‘technology readiness survey’’ means a survey completed by a local 

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educational agency that provides standardized information 

comparable to the information collected through the technology 

readiness survey administered under the Race to the Top Assessment program under section 14006 of division A of the 

American Recovery and Reinvestment Act of 2009 (Public Law 

111–5) on the quantity and types of technology infrastructure 

and access available to the students served by the local educational agency, including computer devices, Internet 

connectivity, operating systems, related network infrastructure, 

and data systems— 

(A) requiring— 

(i) an internal review of the degree to which instruction, additional student support, and professional 

development is delivered in digital formats, media, and 

platforms and is available to students and educators at 

any time; 

(ii) an internal review of the ability of educators to 

use assessments and other student data to personalize 

and strengthen instruction and identify professional 

development needs and priorities; and 

(iii) any other information required by the State 

educational agency serving the local educational agency; and 

(B) which may include an assessment of local community needs to ensure students have adequate online access 

and access to devices for school-related work during out-ofschool time. 

SEC. 2404. ALLOCATION OF FUNDS; LIMITATION. 

(a) ALLOCATION OF FUNDS BETWEEN STATE AND LOCAL INITIATIVES.—The funds made available to carry out this part shall be 

available to carry out subpart 1. 

(b) LIMITATION.— 

(1) LOCAL ADMINISTRATIVE COSTS.—Of the funds made 

available to a local educational agency under this part for a fiscal year, not more than 3 percent may be used by the local educational agency for administrative costs. 

(2) STATE ADMINISTRATIVE COSTS.—Of the funds made 

available to a State educational agency under section 

2412(a)(1)(A), not more than 60 percent may be used by the 

State educational agency for administrative costs. 

SEC. 2405. E-RATE RESTRICTION. 

Funds awarded under this part may be used to address the networking needs of a recipient of such funds under the E-rate program, except that such funds may not be duplicative of support received by the recipient under the E-rate program. 

SEC. 2406. RULE OF CONSTRUCTION REGARDING PURCHASING. 

Nothing in this part shall be construed to permit a recipient of 

funds under this part to purchase goods or services using such 

funds without ensuring that the purchase is free of any conflict of 

interest between such recipient, or any partner of such recipient, and 

the person or entity from whom such goods or services are purchased. 

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Subpart 1—State and Local Grants 

SEC. 2411. ALLOTMENT AND REALLOTMENT. 

(a) RESERVATIONS AND ALLOTMENT.—From the amount made 

available to carry out this subpart for a fiscal year— 

(1) the Secretary shall reserve— 

(A) three-quarters of 1 percent for the Secretary of the 

Interior for programs under this subpart for schools operated or funded by the Bureau of Indian Education; and 

(B) 1 percent to provide assistance under this subpart 

to the outlying areas; and 

(2) subject to subsection (b), the Secretary shall use the remainder to award grants by allotting to each State educational 

agency an amount that bears the same relationship to such remainder for such year as the amount received under part A of 

title I for such year by such State educational agency bears to 

the amount received under such part for such year by all State 

educational agencies. 

(b) MINIMUM ALLOTMENT.—The amount of any State educational agency’s allotment under subsection (a)(2) for any fiscal 

year shall not be less than one-half of 1 percent of the amount made 

available for allotments to State educational agencies under this 

subpart for such year. 

(c) REALLOTMENT OF UNUSED FUNDS.—The Secretary shall 

reallot any unused amount of a State educational agency’s allotment to the remaining State educational agencies that use their entire allotments under this subpart in accordance with this section. 

(d) MATCHING FUNDS.— 

(1) IN GENERAL.—A State educational agency that receives 

a grant under subsection (a)(2) shall provide matching funds, 

from non-Federal sources, in an amount equal to 20 percent of 

the amount of grant funds provided to the State educational 

agency to carry out the activities supported by the grant. Such 

matching funds may be provided in cash or in-kind except that 

any such in-kind contributions shall be provided for the purpose of supporting the State educational agency’s activities 

under section 2414. 

(2) WAIVER.—The Secretary may waive the matching requirement under paragraph (1) for a State educational agency 

that demonstrates that such requirement imposes an undue financial hardship on the State educational agency. 

SEC. 2412. USE OF ALLOTMENT BY STATE. 

(a) IN GENERAL.— 

(1) IN GENERAL.—Of the amount provided to a State educational agency under section 2411(a)(2) for a fiscal year— 

(A) the State educational agency may use not more 

than 10 percent of such amount or $100,000, whichever 

amount is greater, to carry out activities under section 

2414; and 

(B) the State educational agency shall distribute the remainder in accordance with paragraphs (2) and (3). 

(2) DISTRIBUTION OF REMAINDER.—The State educational 

agency shall— 

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(A)(i) use 80 percent of the remainder to award Improving Teaching and Learning through Technology subgrants 

to local educational agencies having applications approved 

under section 2415(c) for the activities described in section 

2416(b); and 

(ii) allot to each such local educational agency an 

amount that bears the same relationship to 80 percent of 

the remainder for such year as the amount received under 

part A of title I for such year by such local educational 

agency bears to the amount received under such part for 

such year by all local educational agencies within the 

State, subject to subsection (b)(2); and 

(B) use 20 percent of the remainder to award Systemic 

Education Transformation through Technology Integration 

subgrants, through a State-determined competitive process, 

to local educational agencies having applications approved 

under section 2415(b) for the activities described in section 

2416(a). 

(3) OPTION IN YEARS WITH INSUFFICIENT AMOUNTS APPROPRIATED.—If the amount provided to a State educational agency 

under section 2411(a)(2) for a fiscal year is not large enough to 

provide every local educational agency with a minimum 

subgrant under subsection (b)(3), the State educational agency 

may distribute 100 percent of the remainder described in paragraph (1)(B) as either formula grants under paragraph (2)(A) 

or competitive grants under paragraph (2)(B). 

(b) SUFFICIENT AMOUNTS.— (1) SPECIAL RULE.—In awarding subgrants under subsection (a)(2)(B), the State educational agency shall— 

(A) ensure the subgrants are of sufficient size and scope 

to be effective, consistent with the purposes of this part; 

(B) ensure subgrants are of sufficient duration to be effective, consistent with the purposes of this part, including 

by awarding subgrants for a period of not less than 2 years 

that may be renewed for not more than an additional 1 

year; 

(C) give preference in the awarding of subgrants, and 

the providing of all technical assistance, to local educational agencies that serve schools identified as priority 

schools or focus schools under subsection (c) or (d) of section 1116, including those schools with high populations 

of— 

(i) English learners; 

(ii) students with disabilities; or 

(iii) other subgroups of students who have not met 

the State’s student academic achievement standards; 

and 

(D) ensure an equitable distribution among urban and 

rural areas of the State, according to the demonstrated 

need for assistance under this subpart of the local educational agencies serving the areas. 

(2) ADDITIONAL RESERVATION.—A State educational agency 

that forms a State purchasing consortium under subsection 

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cational agency receives direct approval from the local educational agencies receiving subgrants under subsection (a)(2). 

(3) MINIMUM FORMULA-BASED SUBGRANT.—The amount of 

any local educational agency’s subgrant under subsection 

(a)(2)(A) for any fiscal year shall be not less than $3,000. 

(c) REALLOTMENT OF UNUSED FUNDS.—If any local educational 

agency does not apply for a subgrant under subsection (a) for a fiscal year, or does not use the local educational agency’s entire allotment under this subpart for such fiscal year, the State shall reallot 

any unused funds to the remaining local educational agencies. 

SEC. 2413. STATE APPLICATIONS. 

(a) IN GENERAL.—To be eligible to receive a grant under this 

subpart, a State educational agency shall submit to the Secretary, 

at such time and in such manner as the Secretary may specify, an 

application containing the information described in subsection (b) 

and such other information as the Secretary may reasonably require. 

(b) CONTENTS.—Each State educational agency application submitted under subsection (a) shall include each of the following: 

(1) A description of how the State educational agency will 

support local educational agencies that receive subgrants under 

this subpart in meeting the purposes and goals of this part and 

the requirements of this subpart, including through technical 

assistance in using technology to redesign curriculum and instruction, improve educational productivity, and deliver computer-based and online assessment. 

(2) A description of the State educational agency’s longterm goals and strategies for improving student academic 

achievement, including student technology literacy, through the 

effective use of technology. 

(3) A description of the priority area upon which the State 

educational agency will focus its assistance under this subpart, 

which shall be identified from among the core academic subjects, grade levels, and student subgroup populations with the 

largest achievement gaps in the State. 

(4) A description of how the State educational agency will 

support local educational agencies to implement professional 

development programs pursuant to section 2416(b)(1)(A). 

(5) A description of how the State educational agency will 

ensure that teachers, paraprofessionals, school librarians, and 

administrators possess the knowledge and skills to use technology— 

(A) for curriculum redesign to change teaching and 

learning and improve student achievement; 

(B) for assessment, data analysis, and to personalize 

learning; 

(C) to improve student technology literacy; and 

(D) for their own ongoing professional development and 

for access to teaching resources and tools. 

(6) A description of the process, activities, and performance 

measures that the State educational agency will use to evaluate 

the impact and effectiveness of activities described in section 

2414. 

(7) Identification of the State college and career ready academic content standards and college and career ready student 

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academic achievement standards that the State educational 

agency will use to ensure that each student is technologically 

literate, consistent with the definition of student technology literacy, and a description of how the State educational agency 

will assess student performance in gaining technology literacy, 

only for the purpose of tracking progress towards achieving the 

8th grade technology literacy goal and not for accountability 

purposes as described in section 1111(a)(3), including through 

embedding such assessment items in other State tests or performance-based assessment portfolios, or through other valid 

and reliable means. Nothing in this subpart shall be construed 

to require States to develop a separate test to assess student 

technology literacy. 

(8) An assurance that financial assistance provided under 

this subpart will supplement, and not supplant, State and local 

funds. 

(9) A description of how the State educational agency consulted with local educational agencies in the development of the 

State application. 

(10) An assurance that the State educational agency will 

provide matching funds as required under section 2411(d). 

(11) A description of how the State educational agency will 

ensure that funds received under this part do not duplicate support received under the E-rate program. 

(12) An assurance that the State educational agency will 

protect the privacy and safety of students and teachers, consistent with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as 

the ‘‘Family Educational Rights and Privacy Act of 1974’’). 

(13) A description of how the State educational agency will, 

in providing technical and other assistance to local educational 

agencies, give priority to schools identified as priority schools or 

focus schools under subsection (c) or (d) of section 1116, including those schools with high populations of— 

(A) English learners; 

(B) students with disabilities; or 

(C) other subgroups of students who have not met the 

State’s student academic achievement standards; 

(14) A description of how the State educational agency will 

ensure that the State educational agency’s data systems and eligible technology are interoperable. 

(15) A description of— 

(A) the State’s process for the adoption, acquisition, 

distribution, and use of content; 

(B) how the State will ensure integrity of such processes; 

(C) how such processes support the goals of this part 

or how a State will change such processes to support such 

goals; and 

(D) how the State will ensure content quality. 

(16) A description of the technology readiness in the State, 

as determined by local educational agency responses to the technology readiness survey, including— 

(A) an assurance that not less than 90 percent of the 

local educational agencies served by the State educational 

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agency have completed and submitted the technology readiness survey to the State educational agency; and 

(B) an assurance that the results of the technology 

readiness survey for each such local educational agency are 

made available to the Secretary and the public through the 

website of the local educational agency. 

SEC. 2414. STATE ACTIVITIES. 

(a) MANDATORY ACTIVITIES.—From funds made available under 

section 2412(a)(1)(A), a State educational agency shall carry out 

each of the following activities: 

(1) Identify the State college and career ready academic 

content standards and college and career ready student academic achievement standards that the State educational agency 

will use to ensure that each student is technologically literate 

consistent with the definition of student technology literacy. 

(2) Assess student performance in gaining technology literacy consistent with paragraph (1), including through embedding such assessment items in other State tests, performancebased assessments, or portfolios, or through other means, except 

that such assessments shall be used only to track student technology literacy and shall not be used for accountability purposes as described in section 1111(a)(3), and widely disseminate 

such results. 

(3) Providing guidance, technical assistance, and other assistance, including in the priority area identified by the State 

pursuant to section 2413(b)(3), to local educational agencies 

to— 

(A) identify and address technology readiness needs; 

(B) redesign curriculum and instruction, improve educational productivity, and deliver computer-based and online assessment; 

(C) use technology, consistent with the principles of 

universal design for learning, to support the learning needs 

of all students, including students with disabilities and 

English learners; and 

(D) support principals so that principals have the expertise to evaluate teachers’ proficiency in implementing 

digital tools for teaching and learning. 

(4) Developing or utilizing research-based or innovative 

strategies for the delivery of specialized or rigorous academic 

courses and curricula through the use of technology, including 

digital learning technologies and assistive technology. 

(5) Integrating and coordinating activities under this part 

with other educational resources and programs across the State. 

(6) Disseminating information, including making publicly 

available on the website of the State educational agency, promising practices to improve technology instruction, and acquiring 

and implementing technology tools and applications. 

(7) Coordinating with teacher and principal preparation 

programs to align digital learning teaching standards. 

(8) Providing, or supporting local educational agencies in 

providing, sustained and intensive, high-quality professional 

development pursuant to section 2416(b)(1)(A). 

(b) PERMISSIVE ACTIVITIES.—From funds made available under 

section 2412(a)(1)(A), a State educational agency may carry out 1 or 

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more of the following activities that assist local educational agencies: 

(1) State leadership activities and technical assistance that 

support achieving the purposes and goals of this part. 

(2) Developing or utilizing research-based or innovative 

strategies for the delivery of specialized or rigorous academic 

courses and curricula through the use of technology, including 

distance learning technologies. 

(3) Assessing student performance in gaining technology literacy consistent with subsection (a)(2), including through embedding such assessment items in other State tests, performance-based assessments, or portfolios, or through other means. 

(c) PURCHASING CONSORTIA.— (1) IN GENERAL.—From funds made available under section 

2412(a)(1)(A), a State educational agency receiving a grant 

under this subpart may— 

(A) form a State purchasing consortium with 1 or more 

State educational agencies receiving such a grant to carry 

out the State activities described in subsections (a) and (b), 

including purchasing eligible technology; 

(B) encourage local educational agencies to form local 

purchasing consortia under section 2415; and 

(C) promote pricing opportunities to local educational 

agencies for the purchase of eligible technology that are— 

(i) negotiated by the State educational agency or 

the State purchasing consortium of the State educational agency; and 

(ii) available to such local educational agencies. 

(2) RESTRICTIONS.—A State educational agency receiving a 

grant under section 2412(a)(1)(A) shall not— 

(A) except for promoting the pricing opportunities described in paragraph (1)(C), make recommendations to 

local educational agencies for, or require, use of any specific 

commercial products and services by local educational 

agencies; 

(B) require local educational agencies to participate in 

a State purchasing consortia or local purchasing consortia; 

or 

(C) use more than the amount reserved under subsection 2412(a)(1)(A) to carry out the activities described in 

paragraph (1) unless the State educational agency receives 

approval in accordance with section 2412(b)(2). 

SEC. 2415. LOCAL APPLICATIONS. 

(a) IN GENERAL.—Each local educational agency desiring a 

subgrant under this subpart shall submit to the State educational 

agency an application containing a new or updated local long-range 

strategic educational technology plan, and such other information 

as the State educational agency may reasonably require, and shall 

include each of the following: 

(1) A description of how the local educational agency will 

align and coordinate the local educational agency’s use of funds 

under this subpart with— 

(A) the local educational agency’s efforts to boost student achievement and close achievement gaps; 

(B) the local educational agency’s technology plan; 

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(C) the local educational agency’s plans and activities 

for improving student achievement, including plans and activities under sections 1111, 1112, 1116, and 2123, as applicable; and 

(D) funds available from other Federal, State, and 

local sources. 

(2) An assurance that financial assistance provided under 

this subpart will supplement, and not supplant, other funds 

available to carry out activities assisted under this subpart. 

(3) A description of the process used to assess and, as needed, update technologies throughout the local educational agency. 

(4) A description of how the local educational agency will— 

(A) enable schools served by the local educational agency to build the technological capacity and infrastructure 

(including through local purchasing of eligible technology), 

necessary for the full implementation of online assessments 

for all students (including students with disabilities and 

English learners); and 

(B) ensure the interoperability of data systems and eligible technology. 

(5) A description of the results of the technology readiness 

survey completed by the local educational agency. 

(6) A description of the local educational agency’s student 

technology literacy standards, the agency’s goals for the technology skills for teachers and administrators, and an assurance 

that the student technology literacy standards meet the requirements of section 2403. 

(7) A description of how the local educational agency will 

evaluate teachers’ proficiency and progress in implementing 

technology for teaching and learning. 

(8) A description of how the local educational agency will 

ensure that principals have the expertise to evaluate teachers’ 

proficiency and progress in implementing technology for teaching and learning and the interoperability of data systems and 

eligible technology. 

(9) A description of— 

(A) the local educational agency’s procurement process 

and process for the creation, acquisition, distribution, and 

use of content; 

(B) how the local educational agency will ensure the integrity of such processes; 

(C) how such processes support the goals described in 

paragraph (1) or how a local educational agency will 

change such processes to support such goals; and 

(D) how the local educational agency will ensure content quality. 

(10) An assurance that the local educational agency will 

protect the privacy and safety of students and teachers, consistent with the requirements in section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as 

the ‘‘Family Educational Rights and Privacy Act of 1974’’). 

(11) A description of how the local educational agency will 

ensure that the subgrant received under this subpart is not duplicative of support received under the E-rate program. 

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(12) Such other information as the State educational agency may reasonably require. 

(b) COMPETITIVE GRANTS; SYSTEMIC EDUCATION TRANSFORMATION THROUGH TECHNOLOGY INTEGRATION.—In addition to 

the information described in subsection (a), a local educational 

agency submitting an application for a Systemic Education Transformation Through Technology Integration subgrant shall submit to 

the State educational agency an application containing each of the 

following: 

(1) A description of how the local educational agency will 

use the subgrant funds to implement systemic education transformation, which is a comprehensive set of programs, practices, 

and technologies to improve student achievement and close 

achievement gaps that— 

(A) collectively leads to school or school district change 

and improvement, including in the use of technology; and 

(B) incorporates all of the following elements: 

(i) Reform or redesign of curriculum, instruction, 

assessment, use of data, or other practices through the 

use of technology in order to increase student learning 

opportunity, and engagement in learning. 

(ii) Improvement of educator quality, knowledge 

and skills, and effectiveness through ongoing, sustainable, timely, and contextual professional development 

described in section 2416(b)(1)(A). 

(iii) Ongoing use of formative and other assessments and other timely data sources and data systems 

to more effectively identify individual student learning 

needs and personalize learning. 

(iv) Engagement of school district leaders, school 

leaders, and classroom educators. 

(v) Programs, practices, and technologies that are 

based on scientific research. 

(2) An assurance that the local educational agency will use 

not less than 25 percent of the subgrant funds to implement a 

program of professional development described in section 

2416(b)(1)(A). 

(3) A description of how the local educational agency will 

evaluate the impact of 1 or more programs or activities carried 

out under this subpart. 

(c) FORMULA GRANTS; IMPROVING TEACHING AND LEARNING

THROUGH TECHNOLOGY.—In addition to the information described 

in subsection (a), a local educational agency submitting an application for an Improving Teaching and Learning Through Technology 

subgrant shall submit to the State educational agency an application containing each of the following: 

(1) An assurance that the local educational agency will use 

not less than 40 percent of the subgrant funds for ensuring educators, including teachers and administrators, are technology 

literate, prepared to use technology to improve the curriculum 

and instruction, and are connected online to supports and resources, including— 

(A) for professional development described in section 

2416(b)(1)(A); and 

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(B) to provide educators with ongoing access to technology tools, applications, supports and other resources, including those related specifically to such professional development activities. 

(2) A description of the local educational agency’s program 

of professional development described in section 2416(b)(1)(A). 

(3) A description of the use of technology tools, applications, 

and other resources to improve student learning and achievement in the area of priority identified under paragraph (4). 

(4) A description of the priority area subgrant funds will 

target, identified from among the core academic subjects, grade 

levels, and student subgroup populations in which the most 

number of students served by the local educational agency are 

not proficient. 

(5) A description of how funds will be used to integrate 

technology to redesign the curriculum or instruction, implement 

computer-based and online assessments, improve use of data to 

personalize learning, or improve education productivity. 

(d) COMBINED APPLICATIONS.—A local educational agency that 

submits an application under subsection (b), may, upon notice to the 

State educational agency, submit a single application that will also 

be considered as an application for subgrant funds awarded under 

subsection (c), if the application addresses each application requirement under subsections (a), (b), and (c). 

SEC. 2416. LOCAL ACTIVITIES. 

(a) COMPETITIVE GRANTS; SYSTEMIC EDUCATION TRANS- FORMATION THROUGH TECHNOLOGY INTEGRATION.—A local educational agency that receives funds through a subgrant under section 2412(a)(2)(B), shall carry out activities to improve student 

learning, technology literacy, and achievement, as follows: 

(1) Use not less than 5 percent of such funds to evaluate the 

impact of 1 or more programs or activities carried out under the 

subgrant as identified in the local educational agency’s application and approved by the State educational agency. 

(2) Use funds remaining after carrying out paragraph (1) 

to implement a plan for systemic education transformation in 

1 or more schools, in accordance with section 2415(b)(1), including each of the following: 

(A) Using not less than 25 percent of subgrant funds 

to ensure educators, including teachers and administrators, 

are technology literate, prepared to use technology to improve the curriculum and instruction, and are connected 

online to supports and resources, including through the following: 

(i) Professional development activities, as described 

in subsection (b)(1)(A). 

(ii) The acquisition and implementation of technology tools, applications, and other resources to provide educators with ongoing access and support, including for use in the professional development activities described in clause (i). 

(B) Acquiring and effectively implementing technology 

tools, applications, and other resources in conjunction with 

enhancing or redesigning the curriculum or instruction in 

order to— 

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(i) increase student learning opportunity or access, 

student engagement in learning, or student attendance 

or graduation rates; 

(ii) improve student achievement in 1 or more of 

the core academic subjects; and 

(iii) improve student technology literacy. 

(C) Acquiring and effectively implementing eligible 

technology, tools, applications, and other resources to— 

(i) conduct ongoing formative and other assessments and use other timely data sources and data systems to more effectively identify and address individual 

student learning needs; 

(ii) support personalized student learning, including through instructional software and digital content 

that supports the learning needs of each student, or 

through providing access to high-quality courses and 

instructors otherwise not available except through technology and online learning; 

(iii) conduct other activities consistent with research-based or innovative systemic education transformation, including activities that increase parental 

involvement; and 

(iv) address readiness shortfalls identified under 

the technology readiness survey completed by the local 

educational agency. 

(b) FORMULA GRANTS; IMPROVING TEACHING AND LEARNING

THROUGH TECHNOLOGY.—A local educational agency that receives 

funds through a subgrant under section 2412(a)(2)(A), shall carry 

out activities to improve student learning, technology literacy, and 

achievement in the area of priority identified under section 

2415(c)(4), as follows: 

(1) Use not less than 40 percent of such funds for professional development activities that are aligned with activities 

supported under section 2123 to improve educator effectiveness 

and quality through support for the following: 

(A) Training of school personnel, which— 

(i) shall include the development, acquisition, or 

delivery of— 

(I) training that is ongoing, sustainable, timely, and directly related to up-to-date teaching content areas; 

(II) training in strategies and pedagogy in the 

core academic subjects that involve use of technology and curriculum redesign as key components 

of changing teaching and learning and improving 

student achievement and technology literacy; 

(III) training in the use of computer-based and 

online assessments, and in the use of student performance and other data for individualized instruction; and 

(IV) training that includes ongoing communication and follow-up with instructors, 

facilitators, and peers; and 

(ii) may include— 

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(I) the use of, and training of, instructional 

technology specialists, mentors, master teachers, or 

coaches to serve as experts and train other teachers 

in the effective use of technology; and 

(II) the use of technology, such as distance 

learning and online virtual educator-to-educator 

peer communities, as a means for delivering professional development. 

(B) The acquisition and implementation of eligible 

technology, tools, applications, and other resources to be 

employed in the professional development activities described in subparagraph (A). 

(2) Use funds remaining after carrying out paragraph (1) 

to acquire or implement technology tools, applications, and 

other resources to improve student learning, technology literacy, 

and achievement in the area of priority identified by the local 

educational agency, including through 1 or more of the following: 

(A) Conducting ongoing formative assessment and 

using other timely data sources and data systems to more 

effectively identify and address individual student learning 

needs. 

(B) Supporting personalized student learning, including through instructional software and digital content that 

supports the learning needs of each student, or through 

providing access to high-quality courses and instructors not 

otherwise available except through technology such as online learning. 

(C) Increasing parental involvement through improved 

communication with teachers and access to student assignments and grades. 

(D) Enhancing accountability, instruction, and datadriven decisionmaking through data systems that allow for 

management, analysis, and disaggregating of student, 

teacher, and school data. 

(E) Such other activities as are appropriate and consistent with the goals and purposes of this part. 

(c) MULTIPLE GRANTS.—A local educational agency that receives subgrants under both subparagraph (A) and subparagraph 

(B) of section 2412(a)(2) may use all such subgrant funds for activities authorized under subsection (a). 

(d) MODIFICATION OF FUNDING ALLOCATIONS.—A State educational agency may authorize a local educational agency to modify 

the percentage of the local educational agency’s subgrant funds required to carry out the activities described in subsections (a) or (b) 

if the local educational agency demonstrates that such modification 

will assist the local educational agency in more effectively carrying 

out such activities. 

(e) PURCHASING CONSORTIA.—Local educational agencies receiving subgrants under subsection (a) or (b) may— 

(1) form a local purchasing consortia with other such local 

educational agencies to carry out the activities described in subsection (a) or (b), including purchasing eligible technology; and 

(2) use such funds for purchasing eligible technology 

through a State purchasing consortia under section 2414(c). 

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SEC. 2417. REPORTING. 

(a) LOCAL EDUCATIONAL AGENCIES.—Each local educational 

agency receiving a subgrant under this part shall submit to the 

State educational agency that awarded such subgrant an annual report that meets the requirements of subsection (c). 

(b) STATE EDUCATIONAL AGENCIES.—Each State educational 

agency receiving a grant under this subpart shall submit to the Secretary an annual report that meets the requirements of subsection 

(c). 

(c) REPORT REQUIREMENTS.—A report submitted under subsection (a) or (b) shall include, at a minimum, a description of— 

(1) the status of the State educational agency’s plan described in section 2413(b)(1) or the local educational agency’s 

technology plan under section 2415(a)(1)(B), as applicable; 

(2) the categories of eligible technology acquired with funds 

under this subpart and how such technology is being used; 

(3) the professional development activities funded under 

this subpart, including types of activities and entities involved 

in providing such professional development to classroom teachers and other staff, such as school librarians; 

(4) the instruction, strategies, activities, and curricula used 

in the programs funded under this subpart; and 

(5) the types of programs funded under this subpart. 

Subpart 2—Internet Safety 

SEC. 2421. INTERNET SAFETY. 

(a) IN GENERAL.—No funds made available under this part to 

a local educational agency for an elementary school or secondary 

school that does not receive services at discount rates under section 

254(h)(5) of the Communications Act of 1934 (47 U.S.C. 254(h)(5)) 

may be used to purchase computers used to access the Internet, or 

to pay for direct costs associated with accessing the Internet, for 

such school unless the school, school board, local educational agency, or other authority with responsibility for administration of such 

school both— 

(1)(A) has in place a policy of Internet safety for minors 

that includes the operation of a technology protection measure 

with respect to any of its computers with Internet access that 

protects against access through such computers to visual depictions that are— 

(i) obscene; 

(ii) child pornography; or 

(iii) harmful to minors; and 

(B) is enforcing the operation of such technology protection 

measure during any use of such computers by minors; and 

(2)(A) has in place a policy of Internet safety that includes 

the operation of a technology protection measure with respect to 

any of its computers with Internet access that protects against 

access through such computers to visual depictions that are— 

(i) obscene; or 

(ii) child pornography; and 

(B) is enforcing the operation of such technology protection 

measure during any use of such computers. 

(b) TIMING AND APPLICABILITY OF IMPLEMENTATION.— 

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(1) IN GENERAL.—The local educational agency with responsibility for a school covered by subsection (a) shall certify 

the compliance of such school with the requirements of subsection (a) as part of the application process for each program 

funding year. 

(2) PROCESS.— 

(A) SCHOOLS WITH INTERNET SAFETY POLICIES AND

TECHNOLOGY PROTECTION MEASURES IN PLACE.—A local 

educational agency with responsibility for a school covered 

by subsection (a) that has in place an Internet safety policy 

meeting the requirements of subsection (a) shall certify its 

compliance with subsection (a) during each annual program application cycle under this part. 

(B) SCHOOLS WITHOUT INTERNET SAFETY POLICIES AND

TECHNOLOGY PROTECTION MEASURES IN PLACE.— 

(i) CERTIFICATION.—A local educational agency 

with responsibility for a school covered by subsection 

(a) that does not have in place an Internet safety policy 

meeting the requirements of subsection (a) for each year 

in which the local educational agency is applying for 

funds for such school under this part, shall certify that 

it is undertaking such actions, including any necessary 

procurement procedures, to put in place an Internet 

safety policy that meets such requirements. 

(ii) INELIGIBILITY.—Any school covered by subsection (a) for which the local educational agency concerned is unable to certify compliance with such requirements for a year shall be ineligible for all funding 

under this part for such year and all subsequent years 

until such time as such school comes into compliance 

with such requirements. 

(c) DISABLING DURING CERTAIN USE.—An administrator, supervisor, or person authorized by the responsible authority under subsection (a) may disable the technology protection measure concerned 

to enable access for bona fide research or other lawful purposes. 

(d) NONCOMPLIANCE.— 

(1) USE OF GENERAL EDUCATION PROVISIONS ACT REMEDIES.—Whenever the Secretary has reason to believe that any 

recipient of funds under this part is failing to comply substantially with the requirements of this section, the Secretary may— 

(A) withhold further payments to the recipient under 

this part; 

(B) issue a complaint to compel compliance of the recipient through a cease and desist order; or 

(C) enter into a compliance agreement with a recipient 

to bring it into compliance with such requirements, 

in same manner as the Secretary is authorized to take such actions under sections 455, 456, and 457, respectively, of the General Education Provisions Act. 

(2) RECOVERY OF FUNDS PROHIBITED.—The actions authorized by paragraph (1) are the exclusive remedies available with 

respect to the failure of a school to comply substantially with 

a provision of this section, and the Secretary shall not seek a 

recovery of funds from the recipient for such failure. 

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(3) RECOMMENCEMENT OF PAYMENTS.—Whenever the Secretary determines (whether by certification or other appropriate 

evidence) that a recipient of funds who is subject to the withholding of payments under paragraph (1)(A) has cured the failure providing the basis for the withholding of payments, the 

Secretary shall cease the withholding of payments to the recipient under that paragraph. 

(4) ACQUISITION OR OPERATION.—An elementary school or 

secondary school shall be considered to have received funds 

under this part for the acquisition or operation of any computer 

if such funds are used in any manner, directly or indirectly— 

(A) to purchase, lease, or otherwise acquire or obtain 

the use of such computer; or 

(B) to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer. 

(e) DEFINITIONS.—In this subpart: 

(1) CHILD PORNOGRAPHY.—The term ‘‘child pornography’’ 

has the meaning given that term in section 2256 of title 18, 

United States Code. 

(2) COMPUTER.—The term ‘‘computer’’ includes any hardware, software, or other technology attached or connected to, installed in, or otherwise used in connection with a computer. 

(3) HARMFUL TO MINORS.—The term ‘‘harmful to minors’’ 

means any picture, image, graphic image file, or other visual 

depiction that— 

(A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; 

(B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or 

simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and 

(C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. 

(4) MINOR.—The term ‘‘minor’’ means an individual who 

has not attained the age of 17. 

(5) OBSCENE.—The term ‘‘obscene’’ has the meaning applicable to that term under section 1460 of title 18, United States 

Code. 

(6) SEXUAL ACT AND SEXUAL CONTACT.—The terms ‘‘sexual 

act’’ and ‘‘sexual contact’’ have the meanings given those terms 

in section 2246 of title 18, United States Code. 

(f) SEVERABILITY.—If any provision of this section is held invalid, the remainder of this section shall not be affected thereby. 

øTITLE III—LANGUAGE INSTRUCTION 

FOR LIMITED ENGLISH PROFICIENT 

AND IMMIGRANT STUDENTS¿ 

øSEC. 3001. AUTHORIZATIONS OF APPROPRIATIONS; CONDITION ON 

EFFECTIVENESS OF PARTS. 

ø(a) AUTHORIZATIONS OF APPROPRIATIONS.— 

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ø(1) IN GENERAL.—Subject to subsection (b), there are authorized to be appropriated to carry out this title, except for 

subpart 4 of part B, $750,000,000 for fiscal year 2002 and such 

sums as may be necessary for each of the 5 succeeding fiscal 

years. 

ø(2) EMERGENCY IMMIGRANT EDUCATION PROGRAM.—There 

are authorized to be appropriated to carry out subpart 4 of 

part B (when such part is in effect) such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal 

years. 

ø(b) CONDITIONS ON EFFECTIVENESS OF PARTS A AND B.— 

ø(1) PART A.—Part A shall be in effect for any fiscal year 

for which the amount appropriated under paragraphs (1) and 

(2) of subsection (a) equals or exceeds $650,000,000. 

ø(2) PART B.—Part B shall be in effect only for a fiscal year 

for which part A is not in effect. 

ø(c) REFERENCES.—In any fiscal year for which part A is in effect, references in Federal law (other than this title) to part B shall 

be considered to be references to part A. In any fiscal year for 

which part B is in effect, references in Federal law (other than this 

title) to part A shall be considered to be references to part B. 

øPART A—ENGLISH LANGUAGE ACQUISITION, 

LANGUAGE ENHANCEMENT, AND ACADEMIC 

ACHIEVEMENT ACT¿ 

øSEC. 3101. SHORT TITLE. 

øThis part may be cited as the ‘‘English Language Acquisition, 

Language Enhancement, and Academic Achievement Act’’.¿ 

øSEC. 3102. PURPOSES. 

øThe purposes of this part are— 

ø(1) to help ensure that children who are limited English 

proficient, including immigrant children and youth, attain 

English proficiency, develop high levels of academic attainment 

in English, and meet the same challenging State academic content and student academic achievement standards as all children are expected to meet; 

ø(2) to assist all limited English proficient children, including immigrant children and youth, to achieve at high levels in 

the core academic subjects so that those children can meet the 

same challenging State academic content and student academic achievement standards as all children are expected to 

meet, consistent with section 1111(b)(1); 

ø(3) to develop high-quality language instruction educational programs designed to assist State educational agencies, local educational agencies, and schools in teaching limited 

English proficient children and serving immigrant children and 

youth; 

ø(4) to assist State educational agencies and local educational agencies to develop and enhance their capacity to provide high-quality instructional programs designed to prepare 

limited English proficient children, including immigrant children and youth, to enter all-English instruction settings; 

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ø(5) to assist State educational agencies, local educational 

agencies, and schools to build their capacity to establish, implement, and sustain language instruction educational programs 

and programs of English language development for limited 

English proficient children; 

ø(6) to promote parental and community participation in 

language instruction educational programs for the parents and 

communities of limited English proficient children; 

ø(7) to streamline language instruction educational programs into a program carried out through formula grants to 

State educational agencies and local educational agencies to 

help limited English proficient children, including immigrant 

children and youth, develop proficiency in English, while meeting challenging State academic content and student academic 

achievement standards; 

ø(8) to hold State educational agencies, local educational 

agencies, and schools accountable for increases in English proficiency and core academic content knowledge of limited 

English proficient children by requiring— 

ø(A) demonstrated improvements in the English proficiency of limited English proficient children each fiscal 

year; and 

ø(B) adequate yearly progress for limited English proficient children, including immigrant children and youth, 

as described in section 1111(b)(2)(B); and 

ø(9) to provide State educational agencies and local educational agencies with the flexibility to implement language instruction educational programs, based on scientifically based 

research on teaching limited English proficient children, that 

the agencies believe to be the most effective for teaching 

English.¿ 

øSubpart 1—Grants and Subgrants for English 

Language Acquisition and Language Enhancement¿ 

øSEC. 3111. FORMULA GRANTS TO STATES. 

ø(a) IN GENERAL.—In the case of each State educational agency 

having a plan approved by the Secretary for a fiscal year under 

section 3113, the Secretary shall make a grant for the year to the 

agency for the purposes specified in subsection (b). The grant shall 

consist of the allotment determined for the State educational agency under subsection (c). 

ø(b) USE OF FUNDS.— 

ø(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The Secretary 

may make a grant under subsection (a) only if the State educational agency involved agrees to expend at least 95 percent 

of the State educational agency’s allotment under subsection 

(c) for a fiscal year— 

ø(A) to award subgrants, from allocations under section 3114, to eligible entities to carry out the activities described in section 3115 (other than subsection (e)); and 

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ø(B) to award subgrants under section 3114(d)(1) to eligible entities that are described in that section to carry 

out the activities described in section 3115(e). 

ø(2) STATE ACTIVITIES.—Subject to paragraph (3), each 

State educational agency receiving a grant under subsection (a) 

may reserve not more than 5 percent of the agency’s allotment 

under subsection (c) to carry out one or more of the following 

activities: 

ø(A) Professional development activities, and other activities, that assist personnel in meeting State and local 

certification and licensing requirements for teaching limited English proficient children. 

ø(B) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in 

paragraph (1). 

ø(C) Providing technical assistance and other forms of 

assistance to eligible entities that are receiving subgrants 

from a State educational agency under this subpart, including assistance in— 

ø(i) identifying and implementing language instruction educational programs and curricula that are 

based on scientifically based research on teaching limited English proficient children; 

ø(ii) helping limited English proficient children 

meet the same challenging State academic content and 

student academic achievement standards as all children are expected to meet; 

ø(iii) identifying or developing, and implementing, 

measures of English proficiency; and 

ø(iv) promoting parental and community participation in programs that serve limited English proficient children. 

ø(D) Providing recognition, which may include providing financial awards, to subgrantees that have exceeded 

their annual measurable achievement objectives pursuant 

to section 3122. 

ø(3) ADMINISTRATIVE EXPENSES.—From the amount reserved under paragraph (2), a State educational agency may 

use not more than 60 percent of such amount or $175,000, 

whichever is greater, for the planning and administrative costs 

of carrying out paragraphs (1) and (2). 

ø(c) RESERVATIONS AND ALLOTMENTS.— 

ø(1) RESERVATIONS.—From the amount appropriated under 

section 3001(a) for each fiscal year, the Secretary shall reserve— 

ø(A) 0.5 percent or $5,000,000 of such amount, whichever is greater, for payments to eligible entities that are 

defined under section 3112(a) for activities, approved by 

the Secretary, consistent with this subpart; 

ø(B) 0.5 percent of such amount for payments to outlying areas, to be allotted in accordance with their respective needs for assistance under this subpart, as determined 

by the Secretary, for activities, approved by the Secretary, 

consistent with this subpart; 

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ø(C) 6.5 percent of such amount for national activities 

under sections 3131 and 3303, except that not more than 

0.5 percent of such amount shall be reserved for evaluation 

activities conducted by the Secretary and not more than 

$2,000,000 of such amount may be reserved for the National Clearinghouse for English Language Acquisition and 

Language Instruction Educational Programs described in 

section 3303; and 

ø(D) such sums as may be necessary to make continuation awards under paragraph (2). 

ø(2) CONTINUATION AWARDS.— ø(A) IN GENERAL.—Before making allotments to State 

educational agencies under paragraph (3) for any fiscal 

year, the Secretary shall use the sums reserved under 

paragraph (1)(D) to make continuation awards to recipients who received grants or fellowships for the fiscal year 

preceding any fiscal year described in section 3001(b)(1)(A) 

under— 

ø(i) subparts 1 and 3 of part A of title VII (as in 

effect on the day before the date of enactment of the 

No Child Left Behind Act of 2001); or 

ø(ii) subparts 1 and 3 of part B of this title. 

ø(B) USE OF FUNDS.—The Secretary shall make the 

awards in order to allow such recipients to receive awards 

for the complete period of their grants or fellowships under 

the appropriate subparts. 

ø(3) STATE ALLOTMENTS.— ø(A) IN GENERAL.—Except as provided in subparagraph (B), from the amount appropriated under section 

3001(a) for each fiscal year that remains after making the 

reservations under paragraph (1), the Secretary shall allot 

to each State educational agency having a plan approved 

under section 3113(c)— 

ø(i) an amount that bears the same relationship to 

80 percent of the remainder as the number of limited 

English proficient children in the State bears to the 

number of such children in all States; and 

ø(ii) an amount that bears the same relationship 

to 20 percent of the remainder as the number of immigrant children and youth in the State bears to the 

number of such children and youth in all States. 

ø(B) MINIMUM ALLOTMENTS.—No State educational 

agency shall receive an allotment under this paragraph 

that is less than $500,000. 

ø(C) REALLOTMENT.—If any State educational agency 

described in subparagraph (A) does not submit a plan to 

the Secretary for a fiscal year, or submits a plan (or any 

amendment to a plan) that the Secretary, after reasonable 

notice and opportunity for a hearing, determines does not 

satisfy the requirements of this subpart, the Secretary— 

ø(i) shall endeavor to make the State’s allotment 

available on a competitive basis to specially qualified 

agencies within the State to satisfy the requirements 

of section 3115 (and any additional requirements that 

the Secretary may impose), consistent with the purmstockstill on DSK4VPTVN1PROD with HEARINGS

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poses of such section, and to carry out required and 

authorized activities under such section; and 

ø(ii) shall reallot any portion of such allotment remaining after the application of clause (i) to the remaining State educational agencies in accordance with 

subparagraph (A). 

ø(D) SPECIAL RULE FOR PUERTO RICO.—The total 

amount allotted to Puerto Rico for any fiscal year under 

subparagraph (A) shall not exceed 0.5 percent of the total 

amount allotted to all States for that fiscal year. 

ø(4) USE OF DATA FOR DETERMINATIONS.— 

ø(A) IN GENERAL.—In making State allotments under 

paragraph (3), for the purpose of determining the number 

of limited English proficient children in a State and in all 

States, and the number of immigrant children and youth 

in a State and in all States, for each fiscal year, the Secretary shall use data that will yield the most accurate, upto-date numbers of such children and youth. 

ø(B) SPECIAL RULE.— 

ø(i) FIRST 2 YEARS.—In making determinations 

under subparagraph (A) for the 2 fiscal years following 

the date of enactment of the No Child Left Behind Act 

of 2001, the Secretary shall determine the number of 

limited English proficient children in a State and in 

all States, and the number of immigrant children and 

youth in a State and in all States, using data available 

from the Bureau of Census or submitted by the States 

to the Secretary. 

ø(ii) SUBSEQUENT YEARS.—For subsequent fiscal 

years, the Secretary shall determine the number of 

limited English proficient children in a State and in 

all States, and the number of immigrant children and 

youth in a State and in all States, using the more accurate of— 

ø(I) the data available from the American 

Community Survey available from the Department of Commerce; or 

ø(II) the number of children being assessed 

for English proficiency in a State as required 

under section 1111(b)(7).¿ 

øSEC. 3112. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN 

SCHOOL. 

ø(a) ELIGIBLE ENTITIES.—For the purpose of carrying out programs under this part for individuals served by elementary schools, 

secondary schools, and postsecondary schools operated predominately for Native American children (including Alaska Native children), the following shall be considered to be an eligible entity: 

ø(1) An Indian tribe. 

ø(2) A tribally sanctioned educational authority. 

ø(3) A Native Hawaiian or Native American Pacific Islander native language educational organization. 

ø(4) An elementary school or secondary school that is operated or funded by the Bureau of Indian Affairs, or a consortium of such schools. 

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ø(5) An elementary school or secondary school operated 

under a contract with or grant from the Bureau of Indian Affairs, in consortium with another such school or a tribal or 

community organization. 

ø(6) An elementary school or secondary school operated by 

the Bureau of Indian Affairs and an institution of higher education, in consortium with an elementary school or secondary 

school operated under a contract with or grant from the Bureau of Indian Affairs or a tribal or community organization. 

ø(b) SUBMISSION OF APPLICATIONS FOR ASSISTANCE.—Notwithstanding any other provision of this part, an entity that is considered to be an eligible entity under subsection (a), and that desires 

to receive Federal financial assistance under this subpart, shall 

submit an application to the Secretary. 

ø(c) SPECIAL RULE.—An eligible entity described in subsection 

(a) that receives Federal financial assistance pursuant to this section shall not be eligible to receive a subgrant under section 3114.¿ 

øSEC. 3113. STATE AND SPECIALLY QUALIFIED AGENCY PLANS. 

ø(a) PLAN REQUIRED.—Each State educational agency and specially qualified agency desiring a grant under this subpart shall 

submit a plan to the Secretary at such time, in such manner, and 

containing such information as the Secretary may require. 

ø(b) CONTENTS.—Each plan submitted under subsection (a) 

shall— 

ø(1) describe the process that the agency will use in making subgrants to eligible entities under section 3114(d)(1); 

ø(2) describe how the agency will establish standards and 

objectives for raising the level of English proficiency that are 

derived from the four recognized domains of speaking, listening, reading, and writing, and that are aligned with achievement of the challenging State academic content and student 

academic achievement standards described in section 

1111(b)(1); 

ø(3) contain an assurance that— 

ø(A) in the case of a State educational agency, the 

agency consulted with local educational agencies, education-related community groups and nonprofit organizations, parents, teachers, school administrators, and researchers, in developing the annual measurable achievement objectives described in section 3122; 

ø(B) in the case of a specially qualified agency, the 

agency consulted with education-related community groups 

and nonprofit organizations, parents, teachers, and researchers, in developing the annual measurable achievement objectives described in section 3122; 

ø(C) the agency will ensure that eligible entities receiving a subgrant under this subpart comply with the requirement in section 1111(b)(7) to annually assess in 

English children who have been in the United States for 

3 or more consecutive years; 

ø(D) the agency will ensure that eligible entities receiving a subgrant under this subpart annually assess the 

English proficiency of all limited English proficient children participating in a program funded under this subpart, consistent with section 1111(b)(7); 

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ø(E) in awarding subgrants under section 3114, the 

agency will address the needs of school systems of all sizes 

and in all geographic areas, including school systems with 

rural and urban schools; 

ø(F) subgrants to eligible entities under section 

3114(d)(1) will be of sufficient size and scope to allow such 

entities to carry out high-quality language instruction educational programs for limited English proficient children; 

and 

ø(G) the agency will require an eligible entity receiving a subgrant under this subpart to use the subgrant in 

ways that will build such recipient’s capacity to continue 

to offer high-quality language instruction educational programs that assist limited English proficient children in 

meeting challenging State academic content and student 

academic achievement standards once assistance under 

this subpart is no longer available; 

ø(4) describe how the agency will coordinate its programs 

and activities under this subpart with its other programs and 

activities under this Act and other Acts, as appropriate; 

ø(5) describe how the agency will hold local educational 

agencies, eligible entities, elementary schools, and secondary 

schools accountable for— 

ø(A) meeting all annual measurable achievement objectives described in section 3122; 

ø(B) making adequate yearly progress for limited 

English proficient children, as described in section 

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

ø(C) achieving the purposes of this part; and 

ø(6) describe how eligible entities in the State will be given 

the flexibility to teach limited English proficient children— 

ø(A) using a language instruction curriculum that is 

tied to scientifically based research on teaching limited 

English proficient children and that has been demonstrated to be effective; and 

ø(B) in the manner the eligible entities determine to 

be the most effective. 

ø(c) APPROVAL.—The Secretary, after using a peer review process, shall approve a plan submitted under subsection (a) if the plan 

meets the requirements of this section. 

ø(d) DURATION OF PLAN.— 

ø(1) IN GENERAL.—Each plan submitted by a State educational agency or specially qualified agency and approved 

under subsection (c) shall— 

ø(A) remain in effect for the duration of the agency’s 

participation under this part; and 

ø(B) be periodically reviewed and revised by the agency, as necessary, to reflect changes to the agency’s strategies and programs carried out under this part. 

ø(2) ADDITIONAL INFORMATION.— ø(A) AMENDMENTS.—If the State educational agency or 

specially qualified agency amends the plan, the agency 

shall submit such amendment to the Secretary. 

ø(B) APPROVAL.—The Secretary shall approve such 

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termines that the amendment will result in the agency not 

meeting the requirements, or fulfilling the purposes, of 

this part. 

ø(e) CONSOLIDATED PLAN.—A plan submitted under subsection 

(a) may be submitted as part of a consolidated plan under section 

9302. 

ø(f) SECRETARY ASSISTANCE.—The Secretary shall provide technical assistance, if requested, in the development of English proficiency standards, objectives, and assessments.¿ 

øSEC. 3114. WITHIN-STATE ALLOCATIONS. 

ø(a) IN GENERAL.—After making the reservation required 

under subsection (d)(1), each State educational agency receiving a 

grant under section 3111(c)(3) shall award subgrants for a fiscal 

year by allocating to each eligible entity in the State having a plan 

approved under section 3116 an amount that bears the same relationship to the amount received under the grant and remaining 

after making such reservation as the population of limited English 

proficient children in schools served by the eligible entity bears to 

the population of limited English proficient children in schools 

served by all eligible entities in the State. 

ø(b) LIMITATION.—A State educational agency shall not award 

a subgrant from an allocation made under subsection (a) if the 

amount of such subgrant would be less than $10,000. 

ø(c) REALLOCATION.—Whenever a State educational agency determines that an amount from an allocation made to an eligible entity under subsection (a) for a fiscal year will not be used by the 

entity for the purpose for which the allocation was made, the agency shall, in accordance with such rules as it determines to be appropriate, reallocate such amount, consistent with such subsection, 

to other eligible entities in the State that the agency determines 

will use the amount to carry out that purpose. 

ø(d) REQUIRED RESERVATION.—A State educational agency receiving a grant under this subpart for a fiscal year— 

ø(1) shall reserve not more than 15 percent of the agency’s 

allotment under section 3111(c)(3) to award subgrants to eligible entities in the State that have experienced a significant increase, as compared to the average of the 2 preceding fiscal 

years, in the percentage or number of immigrant children and 

youth, who have enrolled, during the fiscal year preceding the 

fiscal year for which the subgrant is made, in public and nonpublic elementary schools and secondary schools in the geographic areas under the jurisdiction of, or served by, such entities; and 

ø(2) in awarding subgrants under paragraph (1)— 

ø(A) shall equally consider eligible entities that satisfy 

the requirement of such paragraph but have limited or no 

experience in serving immigrant children and youth; and 

ø(B) shall consider the quality of each local plan under 

section 3116 and ensure that each subgrant is of sufficient 

size and scope to meet the purposes of this part. 

øSEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES. 

ø(a) PURPOSES OF SUBGRANTS.—A State educational agency 

may make a subgrant to an eligible entity from funds received by 

the agency under this subpart only if the entity agrees to expend 

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the funds to improve the education of limited English proficient 

children, by assisting the children to learn English and meet challenging State academic content and student academic achievement 

standards. In carrying out activities with such funds, the entity 

shall use approaches and methodologies based on scientifically 

based research on teaching limited English proficient children and 

immigrant children and youth for the following purposes: 

ø(1) Developing and implementing new language instruction educational programs and academic content instruction 

programs for such children, and such children and youth, including programs of early childhood education, elementary 

school programs, and secondary school programs. 

ø(2) Carrying out highly focused, innovative, locally designed activities to expand or enhance existing language instruction educational programs and academic content instruction programs for such children, and such children and youth. 

ø(3) Implementing, within an individual school, schoolwide 

programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language 

instruction educational programs and academic content instruction for such children, and such children and youth. 

ø(4) Implementing, within the entire jurisdiction of a local 

educational agency, agencywide programs for restructuring, reforming, and upgrading all relevant programs, activities, and 

operations relating to language instruction educational programs and academic content instruction for such children, and 

such children and youth. 

ø(b) ADMINISTRATIVE EXPENSES.—Each eligible entity receiving 

funds under section 3114(a) for a fiscal year may use not more 

than 2 percent of such funds for the cost of administering this subpart. 

ø(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligible entity receiving funds under section 3114(a) shall use the funds— 

ø(1) to increase the English proficiency of limited English 

proficient children by providing high-quality language instruction educational programs that are based on scientifically 

based research demonstrating the effectiveness of the programs in increasing— 

ø(A) English proficiency; and 

ø(B) student academic achievement in the core academic subjects; and 

ø(2) to provide high-quality professional development to 

classroom teachers (including teachers in classroom settings 

that are not the settings of language instruction educational 

programs), principals, administrators, and other school or community-based organizational personnel, that is— 

ø(A) designed to improve the instruction and assessment of limited English proficient children; 

ø(B) designed to enhance the ability of such teachers 

to understand and use curricula, assessment measures, 

and instruction strategies for limited English proficient 

children; 

ø(C) based on scientifically based research demonstrating the effectiveness of the professional development in increasing children’s English proficiency or submstockstill on DSK4VPTVN1PROD with HEARINGS

490 

stantially increasing the subject matter knowledge, teaching knowledge, and teaching skills of such teachers; and 

ø(D) of sufficient intensity and duration (which shall 

not include activities such as one-day or short-term workshops and conferences) to have a positive and lasting impact on the teachers’ performance in the classroom, except 

that this subparagraph shall not apply to an activity that 

is one component of a long-term, comprehensive professional development plan established by a teacher and the 

teacher’s supervisor based on an assessment of the needs 

of the teacher, the supervisor, the students of the teacher, 

and any local educational agency employing the teacher. 

ø(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Subject to subsection (c), an eligible entity receiving funds under section 3114(a) 

may use the funds to achieve one of the purposes described in subsection (a) by undertaking one or more of the following activities: 

ø(1) Upgrading program objectives and effective instruction strategies. 

ø(2) Improving the instruction program for limited English 

proficient children by identifying, acquiring, and upgrading 

curricula, instruction materials, educational software, and assessment procedures. 

ø(3) Providing— 

ø(A) tutorials and academic or vocational education for 

limited English proficient children; and 

ø(B) intensified instruction. 

ø(4) Developing and implementing elementary school or 

secondary school language instruction educational programs 

that are coordinated with other relevant programs and services. 

ø(5) Improving the English proficiency and academic 

achievement of limited English proficient children. 

ø(6) Providing community participation programs, family 

literacy services, and parent outreach and training activities to 

limited English proficient children and their families— 

ø(A) to improve the English language skills of limited 

English proficient children; and 

ø(B) to assist parents in helping their children to improve their academic achievement and becoming active 

participants in the education of their children. 

ø(7) Improving the instruction of limited English proficient 

children by providing for— 

ø(A) the acquisition or development of educational 

technology or instructional materials; 

ø(B) access to, and participation in, electronic networks for materials, training, and communication; and 

ø(C) incorporation of the resources described in subparagraphs (A) and (B) into curricula and programs, such 

as those funded under this subpart. 

ø(8) Carrying out other activities that are consistent with 

the purposes of this section. 

ø(e) ACTIVITIES BY AGENCIES EXPERIENCING SUBSTANTIAL IN- CREASES IN IMMIGRANT CHILDREN AND YOUTH.— 

ø(1) IN GENERAL.—An eligible entity receiving funds under 

section 3114(d)(1) shall use the funds to pay for activities that 

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provide enhanced instructional opportunities for immigrant 

children and youth, which may include— 

ø(A) family literacy, parent outreach, and training activities designed to assist parents to become active participants in the education of their children; 

ø(B) support for personnel, including teacher aides 

who have been specifically trained, or are being trained, to 

provide services to immigrant children and youth; 

ø(C) provision of tutorials, mentoring, and academic or 

career counseling for immigrant children and youth; 

ø(D) identification and acquisition of curricular materials, educational software, and technologies to be used in 

the program carried out with funds; 

ø(E) basic instruction services that are directly attributable to the presence in the school district involved of immigrant children and youth, including the payment of 

costs of providing additional classroom supplies, costs of 

transportation, or such other costs as are directly attributable to such additional basic instruction services; 

ø(F) other instruction services that are designed to assist immigrant children and youth to achieve in elementary schools and secondary schools in the United States, 

such as programs of introduction to the educational system 

and civics education; and 

ø(G) activities, coordinated with community-based organizations, institutions of higher education, private sector 

entities, or other entities with expertise in working with 

immigrants, to assist parents of immigrant children and 

youth by offering comprehensive community services. 

ø(2) DURATION OF SUBGRANTS.—The duration of a subgrant 

made by a State educational agency under section 3114(d)(1) 

shall be determined by the agency in its discretion. 

ø(f) SELECTION OF METHOD OF INSTRUCTION.— ø(1) IN GENERAL.—To receive a subgrant from a State educational agency under this subpart, an eligible entity shall select one or more methods or forms of instruction to be used in 

the programs and activities undertaken by the entity to assist 

limited English proficient children to attain English proficiency 

and meet challenging State academic content and student academic achievement standards. 

ø(2) CONSISTENCY.—Such selection shall be consistent with 

sections 3125 through 3127. 

ø(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds made available under this subpart shall be used so as to supplement the level 

of Federal, State, and local public funds that, in the absence of 

such availability, would have been expended for programs for limited English proficient children and immigrant children and youth 

and in no case to supplant such Federal, State, and local public 

funds. 

øSEC. 3116. LOCAL PLANS. 

ø(a) PLAN REQUIRED.—Each eligible entity desiring a subgrant 

from the State educational agency under section 3114 shall submit 

a plan to the State educational agency at such time, in such manner, and containing such information as the State educational 

agency may require. 

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ø(b) CONTENTS.—Each plan submitted under subsection (a) 

shall— 

ø(1) describe the programs and activities proposed to be 

developed, implemented, and administered under the subgrant; 

ø(2) describe how the eligible entity will use the subgrant 

funds to meet all annual measurable achievement objectives 

described in section 3122; 

ø(3) describe how the eligible entity will hold elementary 

schools and secondary schools receiving funds under this subpart accountable for— 

ø(A) meeting the annual measurable achievement objectives described in section 3122; 

ø(B) making adequate yearly progress for limited 

English proficient children, as described in section 

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

ø(C) annually measuring the English proficiency of 

limited English proficient children, so that such children 

served by the programs carried out under this part develop 

proficiency in English while meeting State academic content and student academic achievement standards as required by section 1111(b)(1); 

ø(4) describe how the eligible entity will promote parental 

and community participation in programs for limited English 

proficient children; 

ø(5) contain an assurance that the eligible entity consulted 

with teachers, researchers, school administrators, and parents, 

and, if appropriate, with education-related community groups 

and nonprofit organizations, and institutions of higher education, in developing such plan; and 

ø(6) describe how language instruction educational programs carried out under the subgrant will ensure that limited 

English proficient children being served by the programs develop English proficiency. 

ø(c) TEACHER ENGLISH FLUENCY.—Each eligible entity receiving a subgrant under section 3114 shall include in its plan a certification that all teachers in any language instruction educational 

program for limited English proficient children that is, or will be, 

funded under this part are fluent in English and any other language used for instruction, including having written and oral communications skills. 

ø(d) OTHER REQUIREMENTS FOR APPROVAL.—Each local plan 

shall also contain assurances that— 

ø(1) each local educational agency that is included in the 

eligible entity is complying with section 3302 prior to, and 

throughout, each school year; 

ø(2) the eligible entity annually will assess the English 

proficiency of all children with limited English proficiency participating in programs funded under this part; 

ø(3) the eligible entity has based its proposed plan on scientifically based research on teaching limited English proficient children; 

ø(4) the eligible entity will ensure that the programs will 

enable children to speak, read, write, and comprehend the 

English language and meet challenging State academic content 

and student academic achievement standards; and 

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ø(5) the eligible entity is not in violation of any State law, 

including State constitutional law, regarding the education of 

limited English proficient children, consistent with sections 

3126 and 3127.¿ 

øSubpart 2—Accountability and Administration¿ 

øSEC. 3121. EVALUATIONS. 

ø(a) IN GENERAL.—Each eligible entity that receives a 

subgrant from a State educational agency under subpart 1 shall 

provide such agency, at the conclusion of every second fiscal year 

during which the subgrant is received, with an evaluation, in a 

form prescribed by the agency, that includes— 

ø(1) a description of the programs and activities conducted 

by the entity with funds received under subpart 1 during the 

two immediately preceding fiscal years; 

ø(2) a description of the progress made by children in 

learning the English language and meeting challenging State 

academic content and student academic achievement standards; 

ø(3) the number and percentage of children in the programs and activities attaining English proficiency by the end 

of each school year, as determined by a valid and reliable assessment of English proficiency; and 

ø(4) a description of the progress made by children in 

meeting challenging State academic content and student academic achievement standards for each of the 2 years after such 

children are no longer receiving services under this part. 

ø(b) USE OF EVALUATION.—An evaluation provided by an eligible entity under subsection (a) shall be used by the entity and the 

State educational agency— 

ø(1) for improvement of programs and activities; 

ø(2) to determine the effectiveness of programs and activities in assisting children who are limited English proficient to 

attain English proficiency (as measured consistent with subsection (d)) and meet challenging State academic content and 

student academic achievement standards; and 

ø(3) in determining whether or not to continue funding for 

specific programs or activities. 

ø(c) EVALUATION COMPONENTS.—An evaluation provided by an 

eligible entity under subsection (a) shall— 

ø(1) provide an evaluation of children enrolled in a program or activity conducted by the entity using funds under 

subpart 1 (including the percentage of children) who— 

ø(A) are making progress in attaining English proficiency, including the percentage of children who have 

achieved English proficiency; 

ø(B) have transitioned into classrooms not tailored to 

limited English proficient children, and have a sufficient 

level of English proficiency to permit them to achieve in 

English and transition into classrooms not tailored to limited English proficient children; 

ø(C) are meeting the same challenging State academic 

content and student academic achievement standards as 

all children are expected to meet; and 

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ø(D) are not receiving waivers for the reading or language arts assessments under section 1111(b)(3)(C); and 

ø(2) include such other information as the State educational agency may require. 

ø(d) EVALUATION MEASURES.—A State shall approve evaluation 

measures for use under subsection (c) that are designed to assess— 

ø(1) the progress of children in attaining English proficiency, including a child’s level of comprehension, speaking, 

listening, reading, and writing skills in English; 

ø(2) student attainment of challenging State student academic achievement standards on assessments described in section 1111(b)(3); and 

ø(3) progress in meeting the annual measurable achievement objectives described in section 3122. 

ø(e) SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES.—Each 

specially qualified agency receiving a grant under this part shall 

provide the evaluations described in subsection (a) to the Secretary 

subject to the same requirements as apply to eligible entities providing such evaluations to State educational agencies under such 

subsection.¿ 

øSEC. 3122. ACHIEVEMENT OBJECTIVES AND ACCOUNTABILITY. 

ø(a) ACHIEVEMENT OBJECTIVES.— ø(1) IN GENERAL.—Each State educational agency or specially qualified agency receiving a grant under subpart 1 shall 

develop annual measurable achievement objectives for limited 

English proficient children served under this part that relate 

to such children’s development and attainment of English proficiency while meeting challenging State academic content and 

student academic achievement standards as required by section 1111(b)(1). 

ø(2) DEVELOPMENT OF OBJECTIVES.—Such annual measurable achievement objectives shall be developed in a manner 

that— 

ø(A) reflects the amount of time an individual child 

has been enrolled in a language instruction educational 

program; and 

ø(B) uses consistent methods and measurements to reflect the increases described in subparagraphs (A)(i), 

(A)(ii), and (B) of paragraph (3). 

ø(3) CONTENTS.—Such annual measurable achievement objectives— 

ø(A) shall include— 

ø(i) at a minimum, annual increases in the number or percentage of children making progress in 

learning English; 

ø(ii) at a minimum, annual increases in the number or percentage of children attaining English proficiency by the end of each school year, as determined 

by a valid and reliable assessment of English proficiency consistent with section 1111(b)(7); and 

ø(iii) making adequate yearly progress for limited 

English proficient children as described in section 

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

ø(B) at the discretion of the agency, may include the 

number or percentage of children not receiving waivers for 

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reading or language arts assessments under section 

1111(b)(3)(C), but this achievement objective shall not be 

applied to an eligible entity that, in a given school year— 

ø(i) has experienced a large increase in limited 

English proficient children or immigrant children and 

youth; 

ø(ii) enrolls a statistically significant number of 

immigrant children and youth from countries where 

such children and youth had little or no access to formal education; or 

ø(iii) has a statistically significant number of immigrant children and youth who have fled from war or 

natural disaster. 

ø(b) ACCOUNTABILITY.— 

ø(1) FOR STATES.—Each State educational agency receiving 

a grant under subpart 1 shall hold eligible entities receiving a 

subgrant under such subpart accountable for meeting the annual measurable achievement objectives under subsection (a), 

including making adequate yearly progress for limited English 

proficient children. 

ø(2) IMPROVEMENT PLAN.—If a State educational agency 

determines, based on the annual measurable achievement objectives described in subsection (a), that an eligible entity has 

failed to make progress toward meeting such objectives for 2 

consecutive years, the agency shall require the entity to develop an improvement plan that will ensure that the entity 

meets such objectives. The improvement plan shall specifically 

address the factors that prevented the entity from achieving 

such objectives. 

ø(3) TECHNICAL ASSISTANCE.—During the development of 

the improvement plan described in paragraph (2), and throughout its implementation, the State educational agency shall— 

ø(A) provide technical assistance to the eligible entity; 

ø(B) provide technical assistance, if applicable, to 

schools served by such entity under subpart 1 that need 

assistance to enable the schools to meet the annual measurable achievement objectives described in subsection (a); 

ø(C) develop, in consultation with the entity, professional development strategies and activities, based on scientifically based research, that the agency will use to meet 

such objectives; 

ø(D) require such entity to utilize such strategies and 

activities; and 

ø(E) develop, in consultation with the entity, a plan to 

incorporate strategies and methodologies, based on scientifically based research, to improve the specific program 

or method of instruction provided to limited English proficient children. 

ø(4) ACCOUNTABILITY.—If a State educational agency determines that an eligible entity has failed to meet the annual 

measurable achievement objectives described in subsection (a) 

for 4 consecutive years, the agency shall— 

ø(A) require such entity to modify the entity’s curriculum, program, and method of instruction; or 

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ø(B)(i) make a determination whether the entity shall 

continue to receive funds related to the entity’s failure to 

meet such objectives; and 

ø(ii) require such entity to replace educational personnel relevant to the entity’s failure to meet such objectives. 

ø(c) SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES.—The 

Secretary shall hold specially qualified agencies receiving a grant 

under this subpart accountable for meeting the annual measurable 

achievement objectives described in subsection (a) in the same 

manner as State educational agencies hold eligible entities accountable under subsection (b).¿ 

øSEC. 3123. REPORTING REQUIREMENTS. 

ø(a) STATES.—Based upon the evaluations provided to a State 

educational agency under section 3121, each such agency that receives a grant under this part shall prepare and submit every second year to the Secretary a report on programs and activities carried out by the State educational agency under this part and the 

effectiveness of such programs and activities in improving the education provided to children who are limited English proficient. 

ø(b) SECRETARY.—Every second year, the Secretary shall prepare and submit to the Committee on Education and the Workforce 

of the House of Representatives and the Committee on Health, 

Education, Labor, and Pensions of the Senate a report— 

ø(1) on programs and activities carried out to serve limited 

English proficient children under this part, and the effectiveness of such programs and activities in improving the academic 

achievement and English proficiency of children who are limited English proficient; 

ø(2) on the types of language instruction educational programs used by local educational agencies or eligible entities receiving funding under this part to teach limited English proficient children; 

ø(3) containing a critical synthesis of data reported by eligible entities to States under section 3121(a); 

ø(4) containing a description of technical assistance and 

other assistance provided by State educational agencies under 

section 3111(b)(2)(C); 

ø(5) containing an estimate of the number of certified or 

licensed teachers working in language instruction educational 

programs and educating limited English proficient children, 

and an estimate of the number of such teachers that will be 

needed for the succeeding 5 fiscal years; 

ø(6) containing the major findings of scientifically based 

research carried out under this part; 

ø(7) containing the number of programs or activities, if 

any, that were terminated because the entities carrying out the 

programs or activities were not able to reach program goals; 

ø(8) containing the number of limited English proficient 

children served by eligible entities receiving funding under this 

part who were transitioned out of language instruction educational programs funded under this part into classrooms 

where instruction is not tailored for limited English proficient 

children; and 

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ø(9) containing other information gathered from the evaluations from specially qualified agencies and other reports submitted to the Secretary under this title when applicable.¿ 

øSEC. 3124. COORDINATION WITH RELATED PROGRAMS. 

øIn order to maximize Federal efforts aimed at serving the 

educational needs of children of limited English proficiency, the 

Secretary shall coordinate and ensure close cooperation with other 

entities carrying out programs serving language-minority and limited English proficient children that are administered by the Department and other agencies.¿ 

øSEC. 3125. RULES OF CONSTRUCTION. 

Nothing in this part shall be construed— 

ø(1) to prohibit a local educational agency from serving 

limited English proficient children simultaneously with children with similar educational needs, in the same educational 

settings where appropriate; 

ø(2) to require a State or a local educational agency to establish, continue, or eliminate any particular type of instructional program for limited English proficient children; or 

ø(3) to limit the preservation or use of Native American 

languages.¿ 

øSEC. 3126. LEGAL AUTHORITY UNDER STATE LAW. 

øNothing in this part shall be construed to negate or supersede 

State law, or the legal authority under State law of any State agency, State entity, or State public official, over programs that are 

under the jurisdiction of the State agency, entity, or official.¿ 

øSEC. 3127. CIVIL RIGHTS. 

øNothing in this part shall be construed in a manner inconsistent with any Federal law guaranteeing a civil right.¿ 

øSEC. 3128. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO. 

øNotwithstanding any other provision of this part, programs 

authorized under this part that serve Native American (including 

Native American Pacific Islander) children and children in the 

Commonwealth of Puerto Rico may include programs of instruction, 

teacher training, curriculum development, evaluation, and assessment designed for Native American children learning and studying 

Native American languages and children of limited Spanish proficiency, except that an outcome of programs serving such children 

shall be increased English proficiency among such children.¿ 

øSEC. 3129. PROHIBITION. 

øIn carrying out this part, the Secretary shall neither mandate 

nor preclude the use of a particular curricular or pedagogical approach to educating limited English proficient children.¿ 

øSubpart 3—National Activities¿ 

øSEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT. 

øThe Secretary shall use funds made available under section 

3111(c)(1)(C) to award grants on a competitive basis, for a period 

of not more than 5 years, to institutions of higher education (in 

consortia with State educational agencies or local educational agencies) to provide for professional development activities that will immstockstill on DSK4VPTVN1PROD with HEARINGS

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prove classroom instruction for limited English proficient children 

and assist educational personnel working with such children to 

meet high professional standards, including standards for certification and licensure as teachers who work in language instruction 

educational programs or serve limited English proficient children. 

Grants awarded under this subsection may be used— 

ø(1) for preservice professional development programs that 

will assist local schools and institutions of higher education to 

upgrade the qualifications and skills of educational personnel 

who are not certified or licensed, especially educational paraprofessionals; 

ø(2) for the development of curricula appropriate to the 

needs of the consortia participants involved; and 

ø(3) in conjunction with other Federal need-based student 

financial assistance programs, for financial assistance, and 

costs related to tuition, fees, and books for enrolling in courses 

required to complete the degree involved, to meet certification 

or licensing requirements for teachers who work in language 

instruction educational programs or serve limited English proficient children.¿ 

øSubpart 4—Definitions¿ 

øSEC. 3141. ELIGIBLE ENTITY. 

øIn this part, the term ‘‘eligible entity’’ means— 

ø(1) one or more local educational agencies; or 

ø(2) one or more local educational agencies, in collaboration with an institution of higher education, community-based 

organization, or State educational agency.¿ 

øPART B—IMPROVING LANGUAGE 

INSTRUCTION EDUCATIONAL PROGRAMS¿ 

øSEC. 3201. SHORT TITLE. 

øThis part may be cited as the ‘‘Improving Language Instruction Educational Programs For Academic Achievement Act’’.¿ 

øSEC. 3202. PURPOSE. 

øThe purpose of this part is to help ensure that limited 

English proficient children master English and meet the same rigorous standards for academic achievement as all children are expected to meet, including meeting challenging State academic content and student academic achievement standards by— 

ø(1) promoting systemic improvement and reform of, and 

developing accountability systems for, educational programs 

serving limited English proficient children; 

ø(2) developing language skills and multicultural understanding; 

ø(3) developing the English proficiency of limited English 

proficient children and, to the extent possible, the native language skills of such children; 

ø(4) providing similar assistance to Native Americans with 

certain modifications relative to the unique status of Native 

American languages under Federal law; 

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ø(5) developing data collection and dissemination, research, materials, and technical assistance that are focused on 

school improvement for limited English proficient children; and 

ø(6) developing programs that strengthen and improve the 

professional training of educational personnel who work with 

limited English proficient children.¿ 

øSEC. 3203. NATIVE AMERICAN CHILDREN IN SCHOOL. 

ø(a) ELIGIBLE ENTITIES.—For the purpose of carrying out programs under this part for individuals served by elementary schools, 

secondary schools, and postsecondary schools operated predominately for Native American (including Alaska Native) children and 

youth, an Indian tribe, a tribally sanctioned educational authority, 

a Native Hawaiian or Native American Pacific Islander native language education organization, or an elementary school or secondary 

school that is operated or funded by the Bureau of Indian Affairs 

shall be considered to be a local educational agency. 

ø(b) APPLICATION.—Notwithstanding any other provision of 

this part, each tribe, authority, organization, or school described in 

subsection (a) shall submit any application for assistance under 

this part directly to the Secretary along with timely comments on 

the need for the program proposed in the application.¿ 

øSEC. 3204. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED STATES. 

øFor the purpose of carrying out programs under this part in 

the outlying areas, the term ‘‘local educational agency’’ includes 

public institutions or agencies whose mission is the preservation 

and maintenance of native languages.¿ 

øSubpart 1—Program Development and 

Enhancement¿ 

øSEC. 3211. FINANCIAL ASSISTANCE FOR LANGUAGE INSTRUCTION 

EDUCATIONAL PROGRAMS. 

øThe purpose of this subpart is to assist local educational 

agencies, institutions of higher education, and community-based organizations, through the grants authorized under sections 3212 

and 3213— 

ø(1) to develop and enhance their capacity to provide highquality instruction through language instruction educational 

programs or special alternative instruction programs to limited 

English proficient children; and 

ø(2) to help such children— 

ø(A) develop English proficiency and, to the extent 

possible, proficiency in their native language; and 

ø(B) meet the same challenging State academic content and student academic achievement standards as all 

children are expected to meet under section 1111(b)(1).¿ 

øSEC. 3212. PROGRAM ENHANCEMENT ACTIVITIES. 

ø(a) PROGRAM AUTHORIZED.— 

ø(1) AUTHORITY.— 

ø(A) IN GENERAL.—The Secretary is authorized to 

award grants to eligible entities having applications approved under section 3214 to enable such entities to provide innovative, locally designed, high-quality instruction 

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to limited English proficient children, by expanding, developing, or strengthening language instruction educational 

programs or special alternative instruction programs. 

ø(B) PERIOD.—Each grant awarded under this section 

shall be awarded for a period of 3 years. 

ø(2) AUTHORIZED ACTIVITIES.— 

ø(A) MANDATORY ACTIVITIES.—Grants awarded under 

this section shall be used for— 

ø(i) developing, implementing, expanding, or enhancing comprehensive preschool, elementary, or secondary education programs for limited English proficient children, that are— 

ø(I) aligned with State and local academic 

content and student academic achievement standards, and local school reform efforts; and 

ø(II) coordinated with related academic services for children; 

ø(ii) providing high-quality professional development to classroom teachers, administrators, and other 

school or community-based organization personnel to 

improve the instruction and assessment of limited 

English proficient children; and 

ø(iii) annually assessing the English proficiency of 

all limited English proficient children served by activities carried out under this section. 

ø(B) PERMISSIBLE ACTIVITIES.—Grants awarded under 

this section may be used for— 

ø(i) implementing programs to upgrade the reading and other academic skills of limited English proficient children; 

ø(ii) developing accountability systems to monitor 

the academic progress of limited English proficient 

and formerly limited English proficient children; 

ø(iii) implementing family education programs 

and parent outreach and training activities designed 

to assist parents to become active participants in the 

education of their children; 

ø(iv) improving the instruction programs for limited English proficient children by identifying, acquiring, and applying effective curricula, instruction materials (including materials provided through technology), and assessments that are all aligned with 

State and local standards; 

ø(v) providing intensified instruction, including tutorials and academic, or vocational and technical, 

training, for limited English proficient children; 

ø(vi) adapting best practice models for meeting 

the needs of limited English proficient children; 

ø(vii) assisting limited English proficient children 

with disabilities; 

ø(viii) implementing applied learning activities 

such as service learning to enhance and support comprehensive elementary and secondary language instruction educational programs; 

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ø(ix) acquiring or developing education technology 

or instruction materials for limited English proficient 

children, including materials in languages other than 

English; 

ø(x) participating in electronic networks for materials, training, and communication, and incorporating 

information derived from such participation in curricula and programs; and 

ø(xi) carrying out such other activities related to 

the purpose of this part as the Secretary may approve. 

ø(b) PRIORITY.—In awarding grants under this section, the Secretary may give priority to an entity that— 

ø(1) serves a school district— 

ø(A) that has a total district enrollment that is less 

than 10,000 students; or 

ø(B) with a large percentage or number of limited 

English proficient children; and 

ø(2) has limited or no experience in serving limited 

English proficient children. 

ø(c) ELIGIBLE ENTITY.—In this section, the term ‘‘eligible entity’’ means— 

ø(1) one or more local educational agencies; 

ø(2) one or more local educational agencies in collaboration 

with an institution of higher education, community-based organization, or State educational agency; or 

ø(3) a community-based organization or an institution of 

higher education that has an application approved by the local 

educational agency to participate in programs carried out 

under this subpart by enhancing early childhood education or 

family education programs or conducting instruction programs 

that supplement the educational services provided by a local 

educational agency.¿ 

øSEC. 3213. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT ACTIVITIES. 

ø(a) PROGRAM AUTHORIZED.— 

ø(1) AUTHORITY.—The Secretary is authorized to award 

grants to eligible entities having applications approved under 

section 3214 to enable such entities to develop and implement 

language instruction educational programs, and improve, reform, or upgrade programs or operations that serve significant 

percentages or numbers of limited English proficient children. 

ø(2) MANDATORY ACTIVITIES.—Grants awarded under this 

section shall be used for— 

ø(A) improving instruction programs for limited 

English proficient children by acquiring and upgrading 

curricula and related instruction materials; 

ø(B) aligning the activities carried out under this section with State and local school reform efforts; 

ø(C) providing training, aligned with State and local 

standards, to school personnel and participating community-based organization personnel to improve the instruction and assessment of limited English proficient children; 

ø(D) developing and implementing plans, coordinated 

with plans for programs carried out under title II of the 

Higher Education Act of 1965 (where applicable), and title 

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II of this Act (where applicable), to recruit teachers trained 

to serve limited English proficient children; 

ø(E) implementing culturally and linguistically appropriate family education programs, or parent outreach and 

training activities, that are designed to assist parents of 

limited English proficient children to become active participants in the education of their children; 

ø(F) coordinating the activities carried out under this 

section with other programs, such as programs carried out 

under this title; 

ø(G) providing services to meet the full range of the 

educational needs of limited English proficient children; 

ø(H) annually assessing the English proficiency of all 

limited English proficient children served by the activities 

carried out under this section; and 

ø(I) developing or improving accountability systems to 

monitor the academic progress of limited English proficient 

children. 

ø(3) PERMISSIBLE ACTIVITIES.—Grants awarded under this 

section may be used for— 

ø(A) implementing programs to upgrade reading and 

other academic skills of limited English proficient children; 

ø(B) developing and using educational technology to 

improve learning, assessments, and accountability to meet 

the needs of limited English proficient children; 

ø(C) implementing scientifically based research programs to meet the needs of limited English proficient children; 

ø(D) providing tutorials and academic, or vocational 

and technical, training for limited English proficient children; 

ø(E) developing and implementing State and local academic content and student academic achievement standards for learning English as a second language, as well as 

for learning other languages; 

ø(F) developing and implementing programs for limited English proficient children to meet the needs of changing populations of such children; 

ø(G) implementing policies to ensure that limited 

English proficient children have access to other education 

programs (other than programs designed to address limited English proficiency); 

ø(H) assisting limited English proficient children with 

disabilities; 

ø(I) developing and implementing programs to help 

children become proficient in English and other languages; 

ø(J) acquiring or developing education technology or 

instruction materials for limited English proficient children, including materials in languages other than English; 

ø(K) participating in electronic networks for materials, 

training, and communication and incorporating information derived from such participation in curricula and programs; and 

ø(L) carrying out such other activities related to the 

purpose of this part as the Secretary may approve. 

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ø(4) SPECIAL RULE.— 

ø(A) PLANNING.—A recipient of a grant under this section, before carrying out activities under this section, shall 

plan, train personnel, develop curricula, and acquire or develop materials, but shall not use funds made available 

under this section for planning purposes for more than 45 

days. 

ø(B) COMMENCEMENT OF ACTIVITIES.—The recipient 

shall commence carrying out activities under this section 

not later than the later of— 

ø(i) the beginning of the first school year that begins after the grant is received; or 

ø(ii) 30 days after the date of receipt of the grant. 

ø(b) AVAILABILITY OF APPROPRIATIONS.— 

ø(1) RESERVATION OF FUNDS FOR CONTINUED PAYMENTS.— 

ø(A) COVERED GRANT.—In this paragraph, the term 

‘‘covered grant’’ means a grant— 

ø(i) that was awarded under section 7112, 7113, 

7114, or 7115 (as such sections were in effect on the 

day before the date of enactment of the No Child Left 

Behind Act of 2001); and 

ø(ii) for which the grant period has not ended. 

ø(B) RESERVATION.—For any fiscal year that is part of 

the grant period of a covered grant, the Secretary shall reserve funds for the payments described in subparagraph 

(C) from the amount appropriated for the fiscal year under 

section 3001(a) and made available for carrying out this 

section. 

ø(C) PAYMENTS.—The Secretary shall continue to 

make grant payments to each entity that received a covered grant, in accordance with the terms of that grant, for 

the duration of the grant period of the grant, to carry out 

activities in accordance with the appropriate section described in subparagraph (A)(i). 

ø(2) AVAILABILITY.—Of the amount appropriated for a fiscal year under section 3001(a) that is made available to carry 

out this section, and that remains after the Secretary reserves 

funds for payments under paragraph (1)— 

ø(A) not less than one-third of the remainder shall be 

used to award grants to eligible entities for activities carried out within an entire school district; and 

ø(B) not less than two-thirds of the remainder shall be 

used to award grants to eligible entities for activities carried out within individual schools. 

ø(c) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to an applicant that— 

ø(1) experiences a significant increase in the number or 

percentage of limited English proficient children enrolled in 

the applicant’s programs and has limited or no experience in 

serving limited English proficient children; 

ø(2) is a local educational agency that serves a school district that has a total district enrollment that is less than 

10,000 students; 

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ø(3) demonstrates that the applicant has a proven track 

record of success in helping limited English proficient children 

learn English and meet high academic standards; or 

ø(4) serves a school district with a large number or percentage of limited English proficient children. 

ø(d) ELIGIBLE ENTITIES.—In this section, the term ‘‘eligible entity’’ means— 

ø(1) one or more local educational agencies; or 

ø(2) one or more local educational agencies, in collaboration with an institution of higher education, community-based 

organization, or State educational agency.¿ 

øSEC. 3214. APPLICATIONS. 

ø(a) IN GENERAL.— 

ø(1) SECRETARY.—To receive a grant under this subpart, 

an eligible entity described in section 3212 or 3213 shall submit an application to the Secretary at such time, in such form, 

and containing such information as the Secretary may require. 

ø(2) STATE EDUCATIONAL AGENCY.—The eligible entity, 

with the exception of schools funded by the Bureau of Indian 

Affairs, shall submit a copy of the application submitted by the 

entity under this section to the State educational agency. 

ø(b) STATE REVIEW AND COMMENTS.— 

ø(1) DEADLINE.—The State educational agency, not later 

than 45 days after receipt of an application under this section, 

shall review the application and submit the written comments 

of the agency regarding the application to the Secretary. 

ø(2) COMMENTS.— 

ø(A) SUBMISSION OF COMMENTS.—Regarding applications submitted under this subpart, the State educational 

agency shall— 

ø(i) submit to the Secretary written comments regarding all such applications; and 

ø(ii) submit to each eligible entity the comments 

that pertain to such entity. 

ø(B) SUBJECT.—For purposes of this subpart, such 

comments shall address— 

ø(i) how the activities to be carried out under the 

grant will further the academic achievement and 

English proficiency of limited English proficient children served under the grant; and 

ø(ii) how the grant application is consistent with 

the State plan required under section 1111. 

ø(c) ELIGIBLE ENTITY COMMENTS.—An eligible entity may submit to the Secretary comments that address the comments submitted by the State educational agency. 

ø(d) COMMENT CONSIDERATION.—In making grants under this 

subpart, the Secretary shall take into consideration comments 

made by State educational agencies. 

ø(e) WAIVER.—Notwithstanding subsection (b), the Secretary is 

authorized to waive the review requirement specified in subsection 

(b) if a State educational agency can demonstrate that such review 

requirement may impede such agency’s ability to fulfill the requirements of participation in the program authorized in section 3224, 

particularly such agency’s ability to carry out data collection efforts 

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and such agency’s ability to provide technical assistance to local 

educational agencies not receiving funds under this subpart. 

ø(f) REQUIRED DOCUMENTATION.—Such application shall include documentation that— 

ø(1) the applicant has the qualified personnel required to 

develop, administer, and implement the program proposed in 

the application; and 

ø(2) the leadership personnel of each school participating 

in the program have been involved in the development and 

planning of the program in the school. 

ø(g) CONTENTS.— ø(1) IN GENERAL.—An application for a grant under this 

subpart shall contain the following: 

ø(A) A description of the need for the proposed program, including— 

ø(i) data on the number of limited English proficient children in the school or school district to be 

served; 

ø(ii) information on the characteristics of the children, including— 

ø(I) the native languages of the children; 

ø(II) the proficiency of the children in English 

and their native language; 

ø(III) achievement data (current as of the 

date of submission of the application) for the limited English proficient children in— 

ø(aa) reading or language arts (in English 

and in the native language, if applicable); and 

ø(bb) mathematics; 

ø(IV) a comparison of that data for the children with that data for the English proficient 

peers of the children; and 

ø(V) the previous schooling experiences of the 

children; 

ø(iii) the professional development needs of the instruction personnel who will provide services for the 

limited English proficient children under the proposed 

program; and 

ø(iv) how the services provided through the grant 

will supplement the basic services provided to limited 

English proficient children. 

ø(B) A description of the program to be implemented 

and how such program’s design— 

ø(i) relates to the linguistic and academic needs of 

the limited English proficient children to be served; 

ø(ii) will ensure that the services provided 

through the program will supplement the basic services the applicant provides to limited English proficient children; 

ø(iii) will ensure that the program is coordinated 

with other programs under this Act and other Acts; 

ø(iv) involves the parents of the limited English 

proficient children to be served; 

ø(v) ensures accountability in achieving high academic standards; and 

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ø(vi) promotes coordination of services for the limited English proficient children to be served and their 

families. 

ø(C) A description, if appropriate, of the applicant’s 

collaborative activities with institutions of higher education, community-based organizations, local educational 

agencies or State educational agencies, private schools, 

nonprofit organizations, or businesses in carrying out the 

proposed program. 

ø(D) An assurance that the applicant will not reduce 

the level of State and local funds that the applicant expends for language instruction educational programs or 

special alternative instruction programs if the applicant 

receives an award under this subpart. 

ø(E) An assurance that the applicant will employ 

teachers in the proposed program who, individually or in 

combination, are proficient in— 

ø(i) English, with respect to written, as well as 

oral, communication skills; and 

ø(ii) the native language of the majority of the 

children who the teachers teach, if instruction in the 

program is in the native language as well as English. 

ø(F) A budget for the grant funds. 

ø(2) ADDITIONAL INFORMATION.—Each application for a 

grant under section 3213 shall— 

ø(A) describe— 

ø(i) current services (as of the date of submission 

of the application) the applicant provides to limited 

English proficient children; 

ø(ii) what services limited English proficient children will receive under the grant that such children 

will not otherwise receive; 

ø(iii) how funds received under this subpart will 

be integrated with all other Federal, State, local, and 

private resources that may be used to serve limited 

English proficient children; 

ø(iv) specific achievement and school retention 

goals for the children to be served by the proposed program and how progress toward achieving such goals 

will be measured; and 

ø(v) the current family education programs (as of 

the date of submission of the application) of the eligible entity, if applicable; and 

ø(B) provide assurances that— 

ø(i) the program funded with the grant will be integrated with the overall educational program of the 

children served through the proposed program; and 

ø(ii) the application has been developed in consultation with parents and other representatives of the 

children to be served in such program. 

ø(h) APPROVAL OF APPLICATIONS.—An application for a grant 

under this subpart may be approved only if the Secretary determines that— 

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ø(1) the program proposed in the application will use 

qualified personnel, including personnel who are proficient in 

the language or languages used for instruction; 

ø(2) in designing the program, the eligible entity has, after 

consultation with appropriate private school officials— 

ø(A) taken into account the needs of children in nonprofit private elementary schools and secondary schools; 

and 

ø(B) in a manner consistent with the number of such 

children enrolled in such schools in the area to be served, 

whose educational needs are of the type and whose language, and grade levels are of a similar type to the needs, 

language, and grade levels that the program is intended to 

address, provided for the participation of such children on 

a basis comparable to the basis on which public school 

children participate; 

ø(3)(A) student evaluation and assessment procedures in 

the program are valid and reliable for limited English proficient children; and 

ø(B) limited English proficient children with disabilities 

will be identified and served through the program in accordance with the requirements of the Individuals with Disabilities 

Education Act; 

ø(4) Federal funds made available for the program will be 

used to supplement the State and local funds that, in the absence of such Federal funds, would be expended for special programs for children of limited English proficient individuals, 

and in no case to supplant such State and local funds, except 

that nothing in this paragraph shall be construed to preclude 

a local educational agency from using funds made available 

under this subpart— 

ø(A) for activities carried out under an order of a Federal or State court respecting services to be provided to 

such children; or 

ø(B) to carry out a plan approved by the Secretary as 

adequate under title VI of the Civil Rights Act of 1964 

with respect to services to be provided to such children; 

ø(5)(A) the assistance provided through the grant will contribute toward building the capacity of the eligible entity to 

provide a program on a regular basis, similar to the proposed 

program, that will be of sufficient size, scope, and quality to 

promise significant improvement in the education of limited 

English proficient children; and 

ø(B) the eligible entity will have the resources and commitment to continue the program of sufficient size, scope, and 

quality when assistance under this subpart is reduced or no 

longer available; and 

ø(6) the eligible entity will use State and national dissemination sources for program design and dissemination of results 

and products. 

ø(i) CONSIDERATION.—In determining whether to approve an 

application under this subpart, the Secretary shall give consideration to— 

ø(1) the degree to which the program for which assistance 

is sought involves the collaborative efforts of institutions of 

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higher education, community-based organizations, the appropriate local educational agency and State educational agency, 

or businesses; and 

ø(2) whether the application provides for training for personnel participating in, or preparing to participate in, a program that will assist such personnel in meeting State and local 

certification requirements.¿ 

øSEC. 3215. CAPACITY BUILDING. 

øEach recipient of a grant under this subpart shall use the 

grant in ways that will build such recipient’s capacity to continue 

to offer high-quality language instruction educational programs 

and special alternative instruction programs to limited English proficient children after Federal assistance is reduced or eliminated.¿ 

øSEC. 3216. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO. 

øNotwithstanding any other provision of this part, programs 

authorized under this subpart that serve Native American (including Native American Pacific Islander) children and children in the 

Commonwealth of Puerto Rico may include programs of instruction, 

teacher training, curriculum development, evaluation, and assessment designed for Native American children learning and studying 

Native American languages and children of limited Spanish proficiency, except that an outcome of programs serving such children 

shall be increased English proficiency among such children.¿ 

øSEC. 3217. EVALUATIONS. 

ø(a) EVALUATION.—Each recipient of funds under this subpart 

for a program shall annually conduct an evaluation of the program 

and submit to the Secretary a report concerning the evaluation, in 

the form prescribed by the Secretary. 

ø(b) USE OF EVALUATION.—Such evaluation shall be used by 

the grant recipient— 

ø(1) for program improvement; 

ø(2) to further define the program’s goals and objectives; 

and 

ø(3) to determine program effectiveness. 

ø(c) EVALUATION REPORT COMPONENTS.—In preparing the evaluation reports, the recipient shall— 

ø(1) use the data provided in the application submitted by 

the recipient under section 3214 as baseline data against 

which to report academic achievement and gains in English 

proficiency for children in the program; 

ø(2) disaggregate the results of the evaluation by gender, 

native languages spoken by children, socioeconomic status, and 

whether the children have disabilities; 

ø(3) include data on the progress of the recipient in achieving the objectives of the program, including data demonstrating the extent to which children served by the program 

are meeting the challenging State academic content and student academic achievement standards, and including data comparing limited English proficient children with English proficient children with regard to school retention and academic 

achievement concerning— 

ø(A) reading and language arts; 

ø(B) English proficiency; 

ø(C) mathematics; and 

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ø(D) the native language of the children, if the program develops native language proficiency; 

ø(4) include information on the extent that professional development activities carried out through the program have resulted in improved classroom practices and improved student 

academic achievement; 

ølude a description of how the activities carried out 

through the program are coordinated and integrated with the 

other Federal, State, or local programs serving limited English 

proficient children; and¿ 

ø(6) include such other information as the Secretary may 

require.¿ 

øSEC. 3218. CONSTRUCTION. 

øNothing in this subpart shall be construed to prohibit a local 

educational agency from serving limited English proficient children 

simultaneously with children with similar educational needs, in the 

same educational settings where appropriate.¿ 

øSubpart 2—Research, Evaluation, and 

Dissemination¿ 

øSEC. 3221. AUTHORITY. 

ø(a) IN GENERAL.—The Secretary is authorized to conduct data 

collection, dissemination, research, and ongoing program evaluation 

activities in accordance with the provisions of this subpart for the 

purpose of improving language instruction educational programs 

and special alternative instruction programs for limited English 

proficient children. 

ø(b) COMPETITIVE AWARDS.—Research and program evaluation 

activities carried out under this subpart shall be supported through 

competitive grants, contracts, and cooperative agreements awarded 

to institutions of higher education, nonprofit organizations, State 

educational agencies, and local educational agencies. 

ø(c) ADMINISTRATION.—The Secretary shall conduct data collection, dissemination, and ongoing program evaluation activities authorized by this subpart through the Office of English Language 

Acquisition, Language Enhancement, and Academic Achievement 

for Limited English Proficient Students.¿ 

øSEC. 3222. RESEARCH. 

ø(a) ADMINISTRATION.—The Secretary shall conduct research 

activities authorized by this subpart through the Institute of Education Sciences in coordination and collaboration with the Office of 

English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students. 

ø(b) REQUIREMENTS.—Such research activities— 

ø(1) shall have a practical application to teachers, counselors, paraprofessionals, school administrators, parents, and 

others involved in improving the education of limited English 

proficient children and their families; 

ø(2) may include research on effective instruction practices 

for multilingual classes, and on effective instruction strategies 

to be used by a teacher or other staff member who does not 

know the native language of a limited English proficient child 

in the teacher’s or staff member’s classroom; 

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ø(3) may include establishing (through the National Center for Education Statistics in consultation with experts in second language acquisition and scientifically based research on 

teaching limited English proficient children) a common definition of ‘‘limited English proficient child’’ for purposes of national data collection; and 

ø(4) shall be administered by individuals with expertise in 

second language acquisition, scientifically based research on 

teaching limited English proficient children, and the needs of 

limited English proficient children and their families. 

ø(c) FIELD-INITIATED RESEARCH.— 

ø(1) IN GENERAL.—The Secretary shall reserve not less 

than 5 percent of the funds made available to carry out this 

section for field-initiated research conducted by recipients of 

grants under subpart 1 or this subpart who have received such 

grants within the previous 5 years. Such research may provide 

for longitudinal studies of limited English proficient children or 

teachers who serve such children, monitoring the education of 

such children from entry into language instruction educational 

programs through secondary school completion. 

ø(2) APPLICATIONS.—An applicant for assistance under this 

subsection may submit an application for such assistance to 

the Secretary at the same time as the applicant submits another application under subpart 1 or this subpart. The Secretary shall complete a review of such applications on a timely 

basis to allow the activities carried out under research and program grants to be coordinated when recipients are awarded 

two or more of such grants. 

ø(d) CONSULTATION.—The Secretary shall consult with agencies, organizations, and individuals that are engaged in research 

and practice on the education of limited English proficient children, 

language instruction educational programs, or related research, to 

identify areas of study and activities to be funded under this section. 

ø(e) DATA COLLECTION.—The Secretary shall provide for the 

collection of data on limited English proficient children as part of 

the data systems operated by the Department.¿ 

øSEC. 3223. ACADEMIC EXCELLENCE AWARDS. 

ø(a) AUTHORITY.—The Secretary may make grants to State 

educational agencies to assist the agencies in recognizing local educational agencies and other public and nonprofit entities whose programs have— 

ø(1) demonstrated significant progress in assisting limited 

English proficient children to learn English according to age 

appropriate and developmentally appropriate standards; and 

ø(2) demonstrated significant progress in assisting limited 

English proficient children to meet, according to age appropriate and developmentally appropriate standards, the same 

challenging State academic content and student academic 

achievement standards as all children are expected to meet. 

ø(b) APPLICATIONS.—A State educational agency desiring a 

grant under this section shall include an application for such grant 

in the application submitted by the agency under section 3224(e).¿ 

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øSEC. 3224. STATE GRANT PROGRAM. 

ø(a) STATE GRANT PROGRAM.—The Secretary is authorized to 

make an award to a State educational agency that demonstrates, 

to the satisfaction of the Secretary, that such agency, through such 

agency’s programs and other Federal education programs, effectively provides for the education of limited English proficient children within the State. 

ø(b) PAYMENTS.—The amount paid to a State educational agency under subsection (a) shall not exceed 5 percent of the total 

amount awarded to local educational agencies and entities within 

the State under subpart 1 for the previous fiscal year, except that 

in no case shall the amount paid by the Secretary to any State educational agency under this subsection for any fiscal year be less 

than $100,000. 

ø(c) USE OF FUNDS.— 

ø(1) IN GENERAL.—A State educational agency shall use 

funds awarded under this section— 

ø(A) to assist local educational agencies in the State 

with activities that— 

ø(i) consist of program design, capacity building, 

assessment of student academic achievement, program 

evaluation, and development of data collection and accountability systems for limited English proficient 

children; and 

ø(ii) are aligned with State reform efforts; and 

ø(B) to collect data on the State’s limited English proficient populations and document the services available to 

all such populations. 

ø(2) TRAINING.—The State educational agency may also 

use funds provided under this section for the training of State 

educational agency personnel in educational issues affecting 

limited English proficient children. 

ø(3) SPECIAL RULE.—Recipients of funds under this section 

shall not restrict the provision of services under this section to 

federally funded programs. 

ø(d) STATE CONSULTATION.—A State educational agency receiving funds under this section shall consult with recipients of grants 

under this subpart and other individuals or organizations involved 

in the development or operation of programs serving limited 

English proficient children to ensure that such funds are used in 

a manner consistent with the requirements of this subpart. 

ø(e) APPLICATIONS.—A State educational agency desiring to receive funds under this section shall submit an application to the 

Secretary at such time, in such form, and containing such information and assurances as the Secretary may require. 

ø(f) SUPPLEMENT, NOT SUPPLANT.—Federal funds made available under this section for any fiscal year shall be used by the 

State educational agency to supplement and, to the extent practical, to increase the State funds that, in the absence of such Federal funds, would be made available for the purposes described in 

this section, and in no case to supplant such State funds. 

ø(g) REPORT TO THE SECRETARY.—A State educational agency 

receiving an award under this section shall provide for the annual 

submission of a summary report to the Secretary describing such 

State’s use of the funds made available through the award.¿ 

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øSEC. 3225. INSTRUCTION MATERIALS DEVELOPMENT. 

ø(a) IN GENERAL.—The Secretary may make grants for the development, publication, and dissemination of high-quality instruction materials— 

ø(1) in Native American languages (including Native Hawaiian languages and the language of Native American Pacific 

Islanders), and the language of natives of the outlying areas, 

for which instruction materials are not readily available; and 

ø(2) in other low-incidence languages in the United States 

for which instruction materials are not readily available. 

ø(b) PRIORITY.—In making the grants, the Secretary shall give 

priority to applicants for the grants who propose— 

ø(1) to develop instruction materials in languages indigenous to the United States or the outlying areas; and 

ø(2) to develop and evaluate materials, in collaboration 

with entities carrying out activities assisted under subpart 1 

and this subpart, that are consistent with challenging State 

academic content and student academic achievement standards.¿ 

øSubpart 3—Professional Development¿ 

øSEC. 3231. PROFESSIONAL DEVELOPMENT GRANTS. 

ø(a) PURPOSE.—The purpose of this section is to provide assistance to prepare educators to improve educational services for limited English proficient children by— 

ø(1) supporting professional development programs and activities to prepare teachers, pupil service personnel, administrators, and other educational personnel working in language 

instruction educational programs to provide effective services 

to limited English proficient children; 

ø(2) incorporating curricula and resources concerning appropriate and effective instruction and assessment methodologies specific to limited English proficient children into 

preservice and inservice professional development programs; 

ø(3) upgrading the qualifications and skills of non-certified 

educational personnel, including paraprofessionals, to enable 

such personnel to meet high professional standards for educating limited English proficient children; 

ø(4) improving the quality of professional development programs in schools or departments of education at institutions of 

higher education, for educational personnel serving, or preparing to serve, limited English proficient children; and 

ø(5) supporting the recruitment and training of prospective 

educational personnel to serve limited English proficient children by providing fellowships for undergraduate, graduate, 

doctoral, and post-doctoral study related to the instruction of 

such children. 

ø(b) AUTHORIZATION.— 

ø(1) IN GENERAL.—The Secretary is authorized to award 

grants under this section to— 

ø(A) State educational agencies; 

ø(B) local educational agencies; 

ø(C) institutions of higher education; or 

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ø(D) consortia of one or more local educational agencies, State educational agencies, institutions of higher education, for-profit organizations, or nonprofit organizations. 

ø(2) DURATION.—Each grant awarded under this section 

shall be awarded for a period of not more than 4 years. 

ø(c) AUTHORIZED ACTIVITIES.—Grants awarded under this section shall be used to conduct high-quality professional development 

programs and effective activities to improve the quality of instruction and services provided to limited English proficient children, including— 

ø(1) implementing preservice and inservice professional development programs for teachers who serve limited English 

proficient children, administrators, and other educational personnel who are preparing to provide educational services for 

limited English proficient children, including professional development programs that assist limited English proficient children to attain English proficiency; 

ø(2) implementing school-based collaborative efforts among 

teachers to improve instruction in core academic subjects, especially reading, for limited English proficient children; 

ø(3) developing and implementing programs to assist beginning teachers who serve limited English proficient children 

with transitioning to the teaching profession, including programs that provide mentoring and team teaching with trained 

and experienced teachers; 

ø(4) implementing programs that support effective teacher 

use of education technologies to improve instruction and assessment; 

ø(5) developing curricular materials and assessments for 

teachers that are appropriate to the needs of limited English 

proficient children, and that are aligned with challenging State 

academic content and student academic achievement standards, including materials and assessments that ensure limited 

English proficient children attain English proficiency; 

ø(6) integrating and coordinating activities with entities 

carrying out other programs consistent with the purpose of this 

section and supported under this Act, or other Acts as appropriate; 

ø(7) developing and implementing career ladder programs 

to upgrade the qualifications and skills of non-certified educational personnel working in, or preparing to work in, language instruction educational programs to enable such personnel to meet high professional standards, including standards for certification and licensure as teachers; 

ø(8) developing and implementing activities to help recruit 

and train secondary school students as teachers who serve limited English proficient children; 

ø(9) providing fellowships and assistance for costs related 

to enrollment in a course of study at an institution of higher 

education that addresses the instruction of limited English proficient children in such areas as teacher training, program administration, research, evaluation, and curriculum development, and for the support of dissertation research related to 

such study, except that any person receiving such a fellowship 

or assistance shall agree to— 

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ø(A) work in an activity related to improving the educational services for limited English proficient children authorized under this subpart, including work as a teacher 

that serves limited English proficient children, for a period 

of time equivalent to the period of time during which such 

person receives assistance under this paragraph; or 

ø(B) repay such assistance; and 

ø(10) carrying out such other activities as are consistent 

with the purpose of this section. 

ø(d) APPLICATION.— ø(1) IN GENERAL.—Each eligible entity desiring a grant 

under this section shall submit an application to the Secretary 

at such time, in such form, and containing such information as 

the Secretary may require. 

ø(2) CONTENTS.—Each application shall— 

ø(A) describe the programs and activities proposed to 

be developed, implemented, and administered under the 

award; 

ø(B) describe how the applicant has consulted with, 

and assessed the needs of, public and private schools serving limited English proficient children to determine such 

schools’ need for, and the design of, the program for which 

funds are sought; and 

ø(C) describe how the programs and activities to be 

carried out under the award will be used to ensure that 

limited English proficient children meet challenging State 

academic content and student academic achievement 

standards and attain English proficiency. 

ø(3) SPECIAL RULE.—An eligible entity that proposes to 

conduct a master’s-level or doctoral-level program with funds 

received under this section shall include in the entity’s application an assurance that such program will include a training 

practicum in a local elementary school or secondary school program serving limited English proficient children. 

ø(4) OUTREACH AND TECHNICAL ASSISTANCE.—The Secretary shall provide for outreach and technical assistance to institutions of higher education eligible for assistance under title 

III of the Higher Education Act of 1965, and institutions of 

higher education that are operated or funded by the Bureau of 

Indian Affairs, to facilitate the participation of such institutions in programs and activities under this section. 

ø(5) DISTRIBUTION RULE.—In making awards under this 

section, the Secretary shall ensure adequate representation of 

Hispanic-serving institutions that demonstrate competence and 

experience in carrying out the programs and activities authorized under this section and that are otherwise qualified. 

ø(e) PRIORITIES IN AWARDING GRANTS.— 

ø(1) GRANTS TO AGENCIES.—In awarding grants to State 

educational agencies and local educational agencies under this 

section, the Secretary shall give priority to agencies that propose programs and activities designed to implement professional development programs for teachers and educational personnel who are providing or preparing to provide educational 

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grams, that ensure such children attain English proficiency 

and meet challenging State academic content and student academic achievement standards. 

ø(2) GRANTS TO INSTITUTIONS OF HIGHER EDUCATION.—In 

awarding grants to institutions of higher education under this 

section, the Secretary shall give priority to institutions that 

propose programs and activities to recruit and upgrade the 

qualifications and skills of certified and non-certified educational personnel by offering degree programs that prepare 

beginning teachers to serve limited English proficient children. 

ø(f) PROGRAM EVALUATIONS.—Each recipient of an award 

under this section for a program or activity shall annually conduct 

an independent evaluation of the program or activity and submit 

to the Secretary a report containing such evaluation. Such report 

shall include information on— 

ø(1) the program or activity conducted by the recipient to 

provide high-quality professional development to participants 

in such program or activity; 

ø(2) the number of participants served through the program or activity, the number of participants who completed the 

requirements of the program or activity, and the number of 

participants who took positions in an instruction setting with 

limited English proficient children; 

ø(3) the effectiveness of the program or activity in imparting the professional skills necessary for participants to achieve 

the objectives of the program or activity; and 

ø(4) the teaching effectiveness of graduates of the program 

or activity or other participants who have completed the program or activity.¿ 

øSubpart 4—Emergency Immigrant Education 

Program¿ 

øSEC. 3241. PURPOSE. 

øThe purpose of this subpart is to assist eligible local educational agencies that experience unexpectedly large increases in 

their student population due to immigration— 

ø(1) to provide high-quality instruction to immigrant children and youth; and 

ø(2) to help such children and youth— 

ø(A) with their transition into American society; and 

ø(B) meet the same challenging State academic content and student academic achievement standards as all 

children are expected to meet.¿ 

øSEC. 3242. STATE ADMINISTRATIVE COSTS. 

øFor any fiscal year, a State educational agency may reserve 

not more than 1.5 percent (2 percent if the State educational agency distributes funds received under this subpart to local educational agencies on a competitive basis) of the amount allotted to 

such agency under section 3244 to pay the costs of performing such 

agency’s administrative functions under this subpart.¿ 

øSEC. 3243. WITHHOLDING. 

øWhenever the Secretary, after providing reasonable notice 

and opportunity for a hearing to any State educational agency, 

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finds that there is a failure to comply with a requirement of any 

provision of this subpart, the Secretary shall notify that agency 

that further payments will not be made to the agency under this 

subpart or, in the discretion of the Secretary, that the State educational agency shall not make further payments under this subpart to specified local educational agencies whose actions cause or 

are involved in such failure until the Secretary is satisfied that 

there is no longer any such failure to comply. Until the Secretary 

is so satisfied, no further payments shall be made to the State educational agency under this subpart, or payments by the State educational agency under this subpart shall be limited to local educational agencies whose actions did not cause or were not involved 

in the failure, as the case may be.¿ 

øSEC. 3244. STATE ALLOTMENTS. 

ø(a) PAYMENTS.—The Secretary shall, in accordance with the 

provisions of this section, make payments to State educational 

agencies for each of the fiscal years 2002 through 2008 for the purpose set forth in section 3241. 

ø(b) ALLOTMENTS.— 

ø(1) IN GENERAL.—Except as provided in subsections (c) 

and (d), of the amount appropriated for each fiscal year for this 

subpart, each State participating in the program assisted 

under this subpart shall receive an allotment equal to the proportion of the number of immigrant children and youth who 

are enrolled in public elementary schools or secondary schools 

under the jurisdiction of each local educational agency described in paragraph (2), and in nonpublic elementary schools 

or secondary schools within the district served by each such 

local educational agency within such State, relative to the total 

number of immigrant children and youth so enrolled in all the 

States participating in the program assisted under this subpart. 

ø(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local educational agency referred to in paragraph (1) is a local educational agency for which the sum of the number of immigrant 

children and youth who are enrolled in public elementary 

schools or secondary schools under the jurisdiction of such 

agency, and in nonpublic elementary schools or secondary 

schools within the district served by such agency, during the 

fiscal year for which the payments are to be made under this 

subpart, is equal to at least— 

ø(A) 500; or 

ø(B) 3 percent of the total number of children enrolled 

in such public or nonpublic schools during such fiscal year, 

whichever is less. 

ø(c) DETERMINATIONS OF NUMBER OF CHILDREN AND YOUTH.— 

ø(1) IN GENERAL.—Determinations by the Secretary under 

this section for any period with respect to the number of immigrant children and youth shall be made on the basis of data 

or estimates provided to the Secretary by each State educational agency in accordance with criteria established by the 

Secretary, unless the Secretary determines, after notice and 

opportunity for a hearing to the affected State educational 

agency, that such data or estimates are clearly erroneous. 

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ø(2) SPECIAL RULE.—No such determination with respect to 

the number of immigrant children and youth shall operate because of an underestimate or overestimate to deprive any State 

educational agency of the allotment under this section that 

such State would otherwise have received had such determination been made on the basis of accurate data. 

ø(d) REALLOTMENT.— ø(1) IN GENERAL.—Whenever the Secretary determines 

that any amount of a payment made to a State under this subpart for a fiscal year will not be used by such State for carrying out the purpose for which the payment was made, the 

Secretary shall make such amount available for carrying out 

such purpose to one or more other States to the extent the Secretary determines that such other States will be able to use 

such additional amount for carrying out such purpose. 

ø(2) FISCAL YEAR.—Any amount made available to a State 

from any appropriation for a fiscal year in accordance with 

paragraph (1) shall, for purposes of this subpart, be regarded 

as part of such State’s payment (as determined under subsection (b)) for such year, but shall remain available until the 

end of the succeeding fiscal year. 

ø(e) RESERVATION OF FUNDS.— ø(1) IN GENERAL.—Notwithstanding any other provision of 

this subpart, if the amount appropriated to carry out this subpart exceeds $50,000,000 for a fiscal year, a State educational 

agency may reserve not more than 20 percent of such agency’s 

payment under this subpart for such year to award grants, on 

a competitive basis, to local educational agencies within the 

State as follows: 

ø(A) AGENCIES WITH IMMIGRANT CHILDREN AND

YOUTH.—At least 1⁄2 of the funds reserved under this paragraph shall be made available to eligible local educational 

agencies (as described in subsection (b)(2)) within the 

State with the highest numbers and percentages of immigrant children and youth. 

ø(B) AGENCIES WITH A SUDDEN INFLUX OF CHILDREN

AND YOUTH.—Funds reserved under this paragraph and 

not made available under subparagraph (A) may be distributed to local educational agencies within the State that 

are experiencing a sudden influx of immigrant children 

and youth and that are otherwise not eligible for assistance under this subpart. 

ø(2) USE OF GRANT FUNDS.—Each local educational agency 

receiving a grant under paragraph (1) shall use such grant 

funds to carry out the activities described in section 3247. 

ø(3) INFORMATION.—Local educational agencies receiving 

funds under paragraph (1) with the highest number of immigrant children and youth may make information available on 

serving immigrant children and youth to local educational 

agencies in the State with sparse numbers of such children and 

youth.¿ 

øSEC. 3245. STATE APPLICATIONS. 

ø(a) SUBMISSION.—No State educational agency shall receive 

any payment under this subpart for any fiscal year unless such 

agency submits an application to the Secretary at such time, in 

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such manner, and containing or accompanied by such information, 

as the Secretary may reasonably require. Each such application 

shall— 

ø(1) provide that the educational programs, services, and 

activities for which payments under this subpart are made will 

be administered by or under the supervision of the agency; 

ø(2) provide assurances that payments under this subpart 

will be used for purposes set forth in sections 3241 and 3247, 

including a description of how local educational agencies receiving funds under this subpart will use such funds to meet 

such purposes and will coordinate with entities carrying out 

other programs and activities assisted under this Act, and 

other Acts as appropriate; 

ø(3) provide an assurance that local educational agencies 

receiving funds under this subpart will coordinate the use of 

such funds with entities carrying out programs and activities 

assisted under part A of title I; 

ø(4) provide assurances that such payments, with the exception of payments reserved under section 3244(e), will be distributed among local educational agencies within that State on 

the basis of the number of immigrant children and youth 

counted with respect to each such local educational agency 

under section 3244(b)(1); 

ø(5) provide assurances that the State educational agency 

will not finally disapprove in whole or in part any application 

for funds received under this subpart without first affording 

the local educational agency submitting an application for such 

funds reasonable notice and opportunity for a hearing; 

ø(6) provide for making such reports as the Secretary may 

reasonably require to perform the Secretary’s functions under 

this subpart; 

ø(7) provide assurances— 

ø(A) that to the extent consistent with the number of 

immigrant children and youth enrolled in the nonpublic elementary schools or secondary schools within the district 

served by a local educational agency, such agency, after 

consultation with appropriate officials of such schools, 

shall provide for the benefit of such children and youth 

secular, neutral, and nonideological services, materials, 

and equipment necessary for the education of such children and youth; 

ø(B) that the control of funds provided under this subpart for any materials or equipment, or property repaired, 

remodeled, or constructed with those funds shall be in a 

public agency for the uses and purpose provided in this 

subpart, and a public agency shall administer such funds 

and property; and 

ø(C) that the provision of services pursuant to this 

paragraph shall be provided by employees of a public agency or through contract by such public agency with a person, association, agency, or corporation who or which, in 

the provision of such services, is independent of such nonpublic elementary school or secondary school and of any 

religious organization, and such employment or contract 

shall be under the control and supervision of such public 

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agency, and the funds provided under this paragraph shall 

not be commingled with State or local funds; 

ø(8) provide that funds reserved under section 3244(e) be 

awarded on a competitive basis based on merit and need in accordance with such section; and 

ø(9) provide an assurance that the State educational agency and local educational agencies in the State receiving funds 

under this subpart will comply with the requirements of section 1120(b). 

ø(b) APPLICATION REVIEW.— 

ø(1) IN GENERAL.—The Secretary shall review all applications submitted pursuant to this section by State educational 

agencies. 

ø(2) APPROVAL.—The Secretary shall approve any application submitted by a State educational agency that meets the 

requirements of this section. 

ø(3) DISAPPROVAL.—The Secretary shall disapprove any 

application submitted by a State educational agency that does 

not meet the requirements of this section, but shall not finally 

disapprove an application except after providing reasonable notice, technical assistance, and an opportunity for a hearing to 

the State educational agency.¿ 

øSEC. 3246. ADMINISTRATIVE PROVISIONS. 

ø(a) NOTIFICATION OF AMOUNT.—The Secretary, not later than 

June 1 of each year, shall notify each State educational agency that 

has an application approved under section 3245 of the amount of 

such agency’s allotment under section 3244 for the succeeding year. 

ø(b) SERVICES TO IMMIGRANT CHILDREN AND YOUTH ENROLLED

IN NONPUBLIC SCHOOLS.—If by reason of any provision of law a 

local educational agency is prohibited from providing educational 

services for immigrant children and youth enrolled in nonpublic elementary schools and secondary schools, as required by section 

3245(a)(7), or if the Secretary determines that a local educational 

agency has substantially failed or is unwilling to provide for the 

participation on an equitable basis of such children and youth enrolled in such schools, the Secretary may waive such requirement 

and shall arrange for the provision of services, subject to the requirements of this subpart, to such children and youth. Such waivers shall be subject to consultation, withholding, notice, and judicial review requirements in accordance with the provisions of title 

I.¿ 

øSEC. 3247. USES OF FUNDS. 

ø(a) USE OF FUNDS.—Funds awarded under this subpart shall 

be used to pay for enhanced instructional opportunities for immigrant children and youth, which may include— 

ø(1) family literacy, parent outreach, and training activities designed to assist parents to become active participants in 

the education of their children; 

ø(2) support of personnel, including teacher aides who 

have been specifically trained, or are being trained, to provide 

services to immigrant children and youth; 

ø(3) tutorials, mentoring, and academic or career counseling for immigrant children and youth; 

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ø(4) identification and acquisition of curricular materials, 

educational software, and technologies; 

ø(5) the provision of basic instruction services that are directly attributable to the presence in the school district of immigrant children and youth, including payment of costs of providing additional classroom supplies, costs of transportation, or 

such other costs as are directly attributable to such additional 

basic instruction services; and 

ø(6) such other activities, related to the purpose of this 

subpart, as the Secretary may authorize. 

ø(b) CONSORTIA.—A local educational agency that receives a 

grant under this subpart may collaborate or form a consortium 

with one or more local educational agencies, institutions of higher 

education, and nonprofit organizations to carry out a program described in an application approved under this subpart. 

ø(c) SUBGRANTS.—A local educational agency that receives a 

grant under this subpart may, with the approval of the Secretary, 

make a subgrant to, or enter into a contract with, an institution 

of higher education, a nonprofit organization, or a consortium of 

such institutions or organizations to carry out a program described 

in an application approved under this subpart, including a program 

to serve out-of-school youth. 

ø(d) CONSTRUCTION.—Nothing in this subpart shall be construed to prohibit a local educational agency from serving immigrant children and youth simultaneously with children and youth 

with similar educational needs, in the same educational settings 

where appropriate.¿ 

øSEC. 3248. REPORTS. 

ø(a) BIENNIAL REPORT.—Each State educational agency receiving funds under this subpart shall submit, once every 2 years, a 

report to the Secretary concerning the expenditure of funds by local 

educational agencies under this subpart. Each local educational 

agency receiving funds under this subpart shall submit to the State 

educational agency such information as may be necessary for such 

report. 

ø(b) REPORT TO CONGRESS.—The Secretary shall submit, once 

every 2 years, a report to the appropriate committees of Congress 

concerning programs assisted under this subpart.¿ 

øSubpart 5—Administration¿ 

øSEC. 3251. RELEASE TIME. 

øThe Secretary shall allow entities carrying out professional 

development programs funded under this part to use funds provided under this part for professional release time to enable individuals to participate in programs assisted under this part.¿ 

øSEC. 3252. 

øA State educational agency, and when applicable, the State 

board for postsecondary education, shall be notified within 3 working days after the date an award under this part is made to an eligible entity within the State.¿ 

øSEC. 3253. COORDINATION AND REPORTING REQUIREMENTS. 

ø(a) COORDINATION WITH RELATED PROGRAMS.—In order to 

maximize Federal efforts aimed at serving the educational needs of 

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children and youth of limited English proficiency, the Secretary 

shall coordinate and ensure close cooperation with other programs 

serving language-minority and limited English proficient children 

that are administered by the Department and other agencies. The 

Secretary shall consult with the Secretary of Labor, the Secretary 

of Health and Human Services, the Secretary of Agriculture, the 

Attorney General, and the heads of other relevant agencies to identify and eliminate barriers to appropriate coordination of programs 

that affect language-minority and limited English proficient children and their families. The Secretary shall provide for continuing 

consultation and collaboration, between the Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students and relevant programs operated by the Department, including programs under this 

part and other programs under this Act, in planning, contracts, 

providing joint technical assistance, providing joint field monitoring 

activities and in other relevant activities to ensure effective program coordination to provide high-quality educational opportunities 

to all language-minority and limited English proficient children. 

ø(b) DATA.—The Secretary shall, to the extent feasible, ensure 

that all data collected by the Department shall include the collection and reporting of data on limited English proficient children. 

ø(c) PUBLICATION OF PROPOSALS.—The Secretary shall publish 

and disseminate all requests for proposals for programs funded 

under this part. 

ø(d) REPORT.—The Director shall prepare and, not later than 

February 1 of every other year, shall submit to the Secretary, the 

Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and 

Pensions of the Senate a report— 

ø(1) on programs and activities carried out to serve limited 

English proficient children under this part, and the effectiveness of such programs and activities in improving the academic 

achievement and English proficiency of children who are limited English proficient; 

ø(2) containing a critical synthesis of data reported by 

States under section 3224, when applicable; 

ø(3) containing an estimate of the number of certified or 

licensed teachers working in language instruction educational 

programs and educating limited English proficient children, 

and an estimate of the number of such teachers that will be 

needed for the succeeding 5 fiscal years; 

ø(4) containing the major findings of scientifically based 

research carried out under this part; and 

ø(5) containing other information gathered from the reports submitted to the Secretary under this title when applicable.¿ 

øPART C—GENERAL PROVISIONS¿ 

øSEC. 3301. DEFINITIONS. 

øExcept as otherwise provided, in this title: 

ø(1) CHILD.—The term ‘‘child’’ means any individual aged 

3 through 21. 

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ø(2) COMMUNITY-BASED ORGANIZATION.—The term ‘‘community-based organization’’ means a private nonprofit organization of demonstrated effectiveness, Indian tribe, or tribally 

sanctioned educational authority, that is representative of a 

community or significant segments of a community and that 

provides educational or related services to individuals in the 

community. Such term includes a Native Hawaiian or Native 

American Pacific Islander native language educational organization. 

ø(3) COMMUNITY COLLEGE.—The term ‘‘community college’’ 

means an institution of higher education as defined in section 

101 of the Higher Education Act of 1965 that provides not less 

than a 2-year program that is acceptable for full credit toward 

a bachelor’s degree, including institutions receiving assistance 

under the Tribally Controlled Colleges and Universities Assistance Act of 1978. 

ø(4) DIRECTOR.—The term ‘‘Director’’ means the Director of 

the Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English 

Proficient Students established under section 209 of the Department of Education Organization Act. 

ø(5) FAMILY EDUCATION PROGRAM.—The term ‘‘family education program’’ means a language instruction educational program or special alternative instruction program that— 

ø(A) is designed— 

ø(i) to help limited English proficient adults and 

out-of-school youths achieve English proficiency; and 

ø(ii) to provide instruction on how parents and 

family members can facilitate the educational achievement of their children; 

ø(B) when feasible, uses instructional programs based 

on models developed under the Even Start Family Literacy 

Programs, which promote adult literacy and train parents 

to support the educational growth of their children, the 

Parents as Teachers Program, and the Home Instruction 

Program for Preschool Youngsters; and 

ø(C) gives preference to participation by parents and 

immediate family members of children attending school. 

ø(6) IMMIGRANT CHILDREN AND YOUTH.—The term ‘‘immigrant children and youth’’ means individuals who— 

ø(A) are aged 3 through 21; 

ø(B) were not born in any State; and 

ø(C) have not been attending one or more schools in 

any one or more States for more than 3 full academic 

years. 

ø(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means any Indian tribe, band, nation, or other organized group or community, including any Native village or Regional Corporation or 

Village Corporation as defined in or established pursuant to 

the Alaska Native Claims Settlement Act, that is recognized as 

eligible for the special programs and services provided by the 

United States to Indians because of their status as Indians. 

ø(8) LANGUAGE INSTRUCTION EDUCATIONAL PROGRAM.—The 

term ‘‘language instruction educational program’’ means an instruction course— 

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ø(A) in which a limited English proficient child is 

placed for the purpose of developing and attaining English 

proficiency, while meeting challenging State academic content and student academic achievement standards, as required by section 1111(b)(1); and 

ø(B) that may make instructional use of both English 

and a child’s native language to enable the child to develop 

and attain English proficiency, and may include the participation of English proficient children if such course is 

designed to enable all participating children to become proficient in English and a second language. 

ø(9) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.— 

The terms ‘‘Native American’’ and ‘‘Native American language’’ 

shall have the meanings given such terms in section 103 of the 

Native American Languages Act. 

ø(10) NATIVE HAWAIIAN OR NATIVE AMERICAN PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL ORGANIZATION.—The 

term ‘‘Native Hawaiian or Native American Pacific Islander 

native language educational organization’’ means a nonprofit 

organization with— 

ø(A) a majority of its governing board and employees 

consisting of fluent speakers of the traditional Native 

American languages used in the organization’s educational 

programs; and 

ø(B) not less than 5 years successful experience in providing educational services in traditional Native American 

languages. 

ø(11) NATIVE LANGUAGE.—The term ‘‘native language’’, 

when used with reference to an individual of limited English 

proficiency, means— 

ø(A) the language normally used by such individual; or 

ø(B) in the case of a child or youth, the language normally used by the parents of the child or youth. 

ø(12) PARAPROFESSIONAL.—The term ‘‘paraprofessional’’ 

means an individual who is employed in a preschool, elementary school, or secondary school under the supervision of a certified or licensed teacher, including individuals employed in 

language instruction educational programs, special education, 

and migrant education. 

ø(13) SPECIALLY QUALIFIED AGENCY.—The term ‘‘specially 

qualified agency’’ means an eligible entity, as defined in section 

3141, in a State whose State educational agency— 

ø(A) does not participate in a program under subpart 

1 of part A for a fiscal year; or 

ø(B) submits a plan (or any amendment to a plan) 

that the Secretary, after reasonable notice and opportunity 

for a hearing, determines does not satisfy the requirements of such subpart. 

ø(14) STATE.—The term ‘‘State’’ means each of the 50 

States, the District of Columbia, and the Commonwealth of 

Puerto Rico. 

ø(15) TRIBALLY SANCTIONED EDUCATIONAL AUTHORITY.— 

The term ‘‘tribally sanctioned educational authority’’ means— 

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ø(A) any department or division of education operating 

within the administrative structure of the duly constituted 

governing body of an Indian tribe; and 

ø(B) any nonprofit institution or organization that is— 

ø(i) chartered by the governing body of an Indian 

tribe to operate a school described in section 3112(a) 

or otherwise to oversee the delivery of educational 

services to members of the tribe; and 

ø(ii) approved by the Secretary for the purpose of 

carrying out programs under subpart 1 of part A for 

individuals served by a school described in section 

3112(a).¿ 

øSEC. 3302. PARENTAL NOTIFICATION. 

ø(a) IN GENERAL.—Each eligible entity using funds provided 

under this title to provide a language instruction educational program shall, not later than 30 days after the beginning of the school 

year, inform a parent or the parents of a limited English proficient 

child identified for participation in, or participating in, such program of— 

ø(1) the reasons for the identification of their child as limited English proficient and in need of placement in a language 

instruction educational program; 

ø(2) the child’s level of English proficiency, how such level 

was assessed, and the status of the child’s academic achievement; 

ø(3) the method of instruction used in the program in 

which their child is, or will be, participating, and the methods 

of instruction used in other available programs, including how 

such programs differ in content, instruction goals, and use of 

English and a native language in instruction; 

ø(4) how the program in which their child is, or will be 

participating will meet the educational strengths and needs of 

the child; 

ø(5) how such program will specifically help their child 

learn English, and meet age appropriate academic achievement 

standards for grade promotion and graduation; 

ø(6) the specific exit requirements for such program, the 

expected rate of transition from such program into classrooms 

that are not tailored for limited English proficient children, 

and the expected rate of graduation from secondary school for 

such program if funds under this title are used for children in 

secondary schools; 

ø(7) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child; and 

ø(8) information pertaining to parental rights that includes 

written guidance— 

ø(A) detailing— 

ø(i) the right that parents have to have their child 

immediately removed from such program upon their 

request; and 

ø(ii) the options that parents have to decline to 

enroll their child in such program or to choose another 

program or method of instruction, if available; and 

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ø(B) assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered by the eligible entity. 

ø(b) SEPARATE NOTIFICATION.—In addition to providing the information required to be provided under subsection (a), each eligible entity that is using funds provided under this title to provide 

a language instruction educational program, and that has failed to 

make progress on the annual measurable achievement objectives 

described in section 3122 for any fiscal year for which part A is in 

effect, shall separately inform a parent or the parents of a child 

identified for participation in such program, or participating in 

such program, of such failure not later than 30 days after such failure occurs. 

ø(c) RECEIPT OF INFORMATION.—The information required to be 

provided under subsections (a) and (b) to a parent shall be provided 

in an understandable and uniform format and, to the extent practicable, in a language that the parent can understand. 

ø(d) SPECIAL RULE APPLICABLE DURING SCHOOL YEAR.—For a 

child who has not been identified for participation in a language instruction educational program prior to the beginning of the school 

year, the eligible entity shall carry out subsections (a) through (c) 

with respect to the parents of the child within 2 weeks of the child 

being placed in such a program. 

ø(e) PARENTAL PARTICIPATION.— ø(1) IN GENERAL.—Each eligible entity using funds provided under this title to provide a language instruction educational program shall implement an effective means of outreach to parents of limited English proficient children to inform such parents of how they can— 

ø(A) be involved in the education of their children; and 

ø(B) be active participants in assisting their children— 

ø(i) to learn English; 

ø(ii) to achieve at high levels in core academic 

subjects; and 

ø(iii) to meet the same challenging State academic 

content and student academic achievement standards 

as all children are expected to meet. 

ø(2) RECEIPT OF RECOMMENDATIONS.—The outreach described in paragraph (1) shall include holding, and sending notice of opportunities for, regular meetings for the purpose of 

formulating and responding to recommendations from parents 

described in such paragraph. 

ø(f) BASIS FOR ADMISSION OR EXCLUSION.—A child shall not be 

admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status.¿ 

øSEC. 3303. NATIONAL CLEARINGHOUSE. 

øThe Secretary shall establish and support the operation of a 

National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs, which shall collect, analyze, synthesize, and disseminate information about language instruction educational programs for limited English proficient children, and related programs. The National Clearinghouse shall— 

ø(1) be administered as an adjunct clearinghouse of the 

Educational Resources Information Center Clearinghouses system supported by the Institute of Education Sciences; 

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ø(2) coordinate activities with Federal data and information clearinghouses and entities operating Federal dissemination networks and systems; 

ø(3) develop a system for improving the operation and effectiveness of federally funded language instruction educational programs; 

ø(4) collect and disseminate information on— 

ø(A) educational research and processes related to the 

education of limited English proficient children; and 

ø(B) accountability systems that monitor the academic 

progress of limited English proficient children in language 

instruction educational programs, including information on 

academic content and English proficiency assessments for 

language instruction educational programs; and 

ø(5) publish, on an annual basis, a list of grant recipients 

under this title.¿ 

øSEC. 3304. REGULATIONS. 

øIn developing regulations under this title, the Secretary shall 

consult with State educational agencies and local educational agencies, organizations representing limited English proficient individuals, and organizations representing teachers and other personnel 

involved in the education of limited English proficient children.¿ 

TITLE III—LANGUAGE AND ACADEMIC 

CONTENT INSTRUCTION FOR 

ENGLISH LEARNERS AND IMMIGRANT 

STUDENTS 

PART A—ENGLISH LANGUAGE ACQUISITION, 

LANGUAGE ENHANCEMENT, AND ACADEMIC 

ACHIEVEMENT ACT 

SEC. 3101. SHORT TITLE. 

This part may be cited as the ‘‘English Language Acquisition, 

Language Enhancement, and Academic Achievement Act’’. 

SEC. 3102. PURPOSES. 

The purposes of this part are— 

(1) to ensure that English learners, including immigrant 

children and youth, achieve English proficiency; 

(2) to supplement the other services under this Act and related programs designed to ensure that English learners develop high levels of academic attainment and meet the college 

and career ready standards under section 1111(a)(1); 

(3) to support States as they— 

(A) adopt English language proficiency standards that 

include not less than 4 levels of English proficiency; 

(B) establish statewide frameworks for identifying and 

supporting English learners; and 

(C) adopt valid and reliable assessments of English 

proficiency aligned to— 

(i) English language proficiency standards; 

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(ii) the statewide criteria for identifying English 

learners; 

(iii) entering and exiting criteria; and 

(iv) a statewide system for supporting English 

learners; 

(4) to support the efforts of early childhood educators, 

teachers, school leaders, State educational agencies, and local 

educational agencies to develop and enhance the capacity and 

flexibility needed to— 

(A) provide evidence-based, linguistically and culturally appropriate services to assist English learners supported under this part in— 

(i) attaining English language proficiency; 

(ii) meeting college and career ready academic content standards under section 1111(a)(1); and 

(iii) achieving school readiness before kindergarten 

entry; 

(B) implement such services effectively; 

(C) evaluate the impact of such services on school readiness, English language proficiency, and academic content 

knowledge; 

(D) modify such services as appropriate to meet the 

needs of students; and 

(E) create the conditions for learning necessary to meet 

the needs of English learners so English learners can access 

rigorous academic content; and 

(5) to promote family and community participation in language instruction educational programs in communities for 

parents of English learners. 

Subpart 1—Grants and Subgrants for English 

Language Acquisition and Language Enhancement 

SEC. 3111. FORMULA GRANTS TO STATES. 

(a) IN GENERAL.—In the case of each State educational agency 

having a plan approved by the Secretary for a fiscal year under section 3113, the Secretary shall make a grant for the year to the agency for the purposes specified in subsection (b). The grant shall consist of the allotment determined for the State educational agency 

under subsection (c). 

(b) USE OF FUNDS.— 

(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The Secretary may 

make a grant under subsection (a) only if the State educational 

agency involved agrees to expend not less than 95 percent of the 

State educational agency’s allotment under subsection (c) for a 

fiscal year— 

(A) to award subgrants, from allocations under section 

3114, to eligible entities to carry out the activities described 

in section 3115 (other than subsection (d) of that section); 

and 

(B) to award subgrants under section 3114(d)(1) to eligible entities that are described in that subsection to carry 

out the activities described in section 3115(d). 

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(2) STATE ACTIVITIES.— (A) IN GENERAL.—Subject to subparagraph (B), each 

State educational agency receiving a grant under subsection (a) may reserve not more than 5 percent of the agency’s allotment under subsection (c) for the purpose of carrying out 1 or more of the following activities: 

(i) Establishing and implementing a framework for 

identifying English learners that includes not less than 

4 levels of English proficiency that— 

(I) can reasonably be measured; 

(II) are based on actual student performance; 

and 

(III) shall be used for identification, placement 

in English language instruction, reporting, and accountability purposes. 

(ii) Establishing and implementing standardized, 

statewide evidence-based entrance and exit procedures, 

including a requirement that all students who may be 

English learners are assessed for such status within 30 

days of enrollment in a school in the State. 

(iii) Establishing and implementing policies to 

support local educational agencies as local educational 

agencies ensure the continuity of English learner identification and English proficiency level for students 

who transfer between local educational agencies. 

(iv) Adopting and implementing high-quality, evidence-based English language proficiency standards 

and matching assessments that identify not less than 

4 levels of English proficiency, that are aligned with 

the college and career ready standards under section 

1111(a)(1) adopted by the State for each grade level, 

and that— 

(I) set high expectations regarding academic 

achievement and linguistic proficiency for English 

learners at all levels of proficiency; and 

(II) support teachers as teachers enhance instruction to support English learners. 

(v) Establishing and implementing systems and 

policies to encourage and facilitate the sharing of highly effective practices for serving English learners 

among local educational agencies. 

(vi) Developing, in States where 20 percent of the 

English learner population has the same native language and a minimum of 10,000 students speak that 

language, native-language content assessments for students of that language group who cannot yet access the 

content in English, and incorporating the results of 

those assessments into the accountability system established under section 1111(a)(3) and 1116. 

(vii) Providing technical assistance to local educational agencies regarding professional development 

and family and community outreach and engagement. 

(viii) As appropriate, providing competitive grants 

to support improved outreach and school readiness in 

early education settings. 

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(ix) As appropriate, developing curricula appropriate for dual-language instructional environments. 

(x) Planning, administration, and interagency coordination. 

(B) LIMITATION.—A State may use not more than onethird of the amount reserved under subparagraph (A) or 

$175,000, whichever is greater, for the activities described 

in subparagraph (A)(x). 

(c) RESERVATIONS AND ALLOTMENTS.— (1) RESERVATIONS.—From the amount appropriated under 

section 3(j) for each fiscal year, the Secretary shall reserve— (A) 0.5 percent or $5,000,000 of such amount, whichever is greater, for payments to eligible entities that are defined under section 3112(a) for activities, approved by the 

Secretary, consistent with this subpart; 

(B) 0.5 percent of such amount for payments to outlying areas, to be allotted in accordance with their respective needs for assistance under this subpart (as determined 

by the Secretary), for activities that are approved by the 

Secretary and consistent with the purposes of this subpart; 

(C) 3.5 percent of such amount for national activities 

under subpart 3, except that not more than 0.5 percent of 

such amount shall be reserved for evaluation activities conducted by the Secretary and not more than $2,000,000 of 

such amount may be reserved for the National Clearinghouse for English Learner Support and Educational Programs described in section 3203; and 

(D) 3 percent of such amount for technical assistance 

provided to States under section 3122(c). 

(2) STATE ALLOTMENTS.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), from the amount appropriated under section 3(j) for 

each fiscal year that remains after making the reservations 

under paragraph (1), the Secretary shall allot to each State 

educational agency having a plan approved under section 

3113(c)— 

(i) an amount that bears the same relationship to 

80 percent of the remainder as the number of English 

learners in the State bears to the number of English 

learners in all States, as determined by using data in 

accordance with paragraph (3); and 

(ii) an amount that bears the same relationship to 

20 percent of the remainder as the number of immigrant children and youth in the State bears to the 

number of such children and youth in all States, as determined based only on data available from the American Community Survey conducted by the Department 

of Commerce. 

(B) MINIMUM ALLOTMENTS.—No State educational 

agency shall receive an allotment under this paragraph 

that is less than $500,000. 

(C) REALLOTMENT.—If any State educational agency 

described in subparagraph (A) does not submit a plan to 

the Secretary for a fiscal year, or submits a plan (or any 

amendment to a plan) that the Secretary, after reasonable 

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notice and opportunity for a hearing, determines does not 

satisfy the requirements of this subpart, the Secretary shall 

reallot any portion of such allotment to the remaining State 

educational agencies in accordance with subparagraph (A). 

(D) SPECIAL RULE FOR PUERTO RICO.—The total 

amount allotted to Puerto Rico for any fiscal year under 

subparagraph (A) shall not exceed 0.5 percent of the total 

amount allotted to all States for that fiscal year. 

(3) USE OF DATA FOR DETERMINATIONS.—In making State 

allotments under paragraph (2)(A)(i) for each fiscal year, the 

Secretary shall determine the number of English learners in a 

State and in all States, for each fiscal year, using the most accurate, up-to-date data, which may be— 

(A) data available from the American Community Survey conducted by the Department of Commerce, which may 

be multiyear estimates; 

(B) the number of students assessed as not having attained English language proficiency, based on the State’s 

English language proficiency assessment under section 

1111(a)(2)(D), which may be multi-year estimates; or 

(C) a combination of data available under subparagraphs (A) and (B). 

SEC. 3112. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN 

SCHOOL. 

(a) ELIGIBLE ENTITIES.—For the purpose of carrying out programs under this part for individuals served by elementary schools, 

secondary schools, and postsecondary schools operated predominately for Native American children (including Alaska Native children), the following shall be considered to be an eligible entity: 

(1) An Indian tribe. 

(2) A tribally sanctioned educational authority. 

(3) A Native Hawaiian or Native American Pacific Islander 

native language educational organization. 

(4) An elementary school or secondary school that is operated or funded by the Bureau of Indian Education of the Department of the Interior, or a consortium of such schools. 

(5) An elementary school or secondary school operated 

under a contract with or grant from the Bureau of Indian Education of the Department of the Interior, in consortium with another such school or a tribal or community organization. 

(6) An elementary school or secondary school operated by 

the Bureau of Indian Education of the Department of the Interior and an institution of higher education, in consortium with 

an elementary school or secondary school operated under a contract with or grant from the Bureau of Indian Education of the 

Department of the Interior or a tribal or community organization. 

(b) SUBMISSION OF APPLICATIONS FOR ASSISTANCE.—Notwithstanding any other provision of this part, an entity that is considered to be an eligible entity under subsection (a) that desires to receive Federal financial assistance under this subpart, shall submit 

an application to the Secretary. 

(c) SPECIAL RULES.— 

(1) INELIGIBILITY FOR MULTIPLE AWARDS FOR SAME PERIOD.—An eligible entity described in subsection (a) that remstockstill on DSK4VPTVN1PROD with HEARINGS

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ceives a grant under this section shall not be eligible to receive 

a subgrant under section 3114 for the same period. 

(2) NATIVE AMERICAN LANGUAGE PROGRAMS.—An eligible 

entity described in subsection (a) that receives a grant under 

this section may, in addition to other activities supported under 

this subpart, use the grant funds to support Native American 

language immersion programs and Native American language 

restoration programs, which may be taught by traditional or 

tribal leaders. 

SEC. 3113. STATE EDUCATIONAL AGENCY PLANS. 

(a) PLAN REQUIRED.—Each State educational agency desiring a 

grant under this subpart shall submit a plan to the Secretary at 

such time, in such manner, and containing such information as the 

Secretary may require. 

(b) CONTENTS.—Each plan submitted under subsection (a) 

shall— 

(1) describe the process that the agency will use in awarding subgrants to eligible entities under this subpart; 

(2) include high-quality, evidence-based English language 

proficiency standards aligned with the college and career ready 

standards adopted by the State and described in section 

1111(a)(1) for each grade level that— 

(A) set high expectations regarding academic achievement and linguistic proficiency for English learners at all 

levels of proficiency; and 

(B) support teachers as teachers enhance curriculum 

and instruction to support English learners; 

(3) include a statewide framework for identifying, supporting, and exiting English learners that— 

(A) is aligned with the English language proficiency 

standards described in paragraph (2); and 

(B) includes not less than 4 levels of proficiency; 

(4) describe the statewide framework adopted under paragraph (3), including a justification for the number of levels of 

proficiency, the defining characteristics of each level, and a description of the extent to which students can use the English 

language to access rigorous academic content at each level of 

English language proficiency; 

(5) include a State English language proficiency assessment 

system that— 

(A) is valid, reliable, and aligned to the English language proficiency standards described in paragraph (2) 

and the statewide framework described in paragraph (3); 

and 

(B) provides relevant information to educators to better 

meet the needs of the English learners being served; 

(6) describe how the State will ensure that— 

(A) each student is proficient in academic English not 

more than 5 years after being identified as an English 

learner; and 

(B) in the case of a student who is an English learner 

who will graduate from secondary school in less than 5 

years of being identified as an English learner— 

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(i) such English learner student will receive not 

less than 5 years of services to help the student attain 

English proficiency; 

(ii) such English learner student will continue to 

receive services to gain English proficiency after graduation from secondary school, through a memorandum 

of understanding between the local educational agency 

and a local institution of higher education; and 

(iii) if such English learner student does not attain 

English proficiency not more than 5 years after being 

identified as an English learner, the student will not 

be counted as a graduating student in the State or 

local educational agency’s calculation of the graduation 

rates; 

(7) provide an assurance the State will include English language proficiency assessment results as a representative and 

significant portion of the State-designed professional growth 

and improvement system, and a description of the process for 

doing so; 

(8) provide an assurance the State will include English language proficiency assessment results as a significant portion of 

the State-designed professional growth and improvement system 

for all teachers of English learners, and a description of the 

process for doing so; 

(9) describe how the State educational agency will support 

local educational agencies in assisting English learners in acquiring proficiency in each of the 4 language domains of reading, writing, speaking, and listening, as measured by the State’s 

English language proficiency assessment; 

(10) describe how the State educational agency will encourage and facilitate the sharing of highly-effective practices for 

serving English learners among local educational agencies, 

and, to the extent practicable, early childhood education programs; 

(11) describe how the State educational agency will coordinate programs and activities carried out under this subpart 

with the other programs and activities that such agency carries 

out under this Act, the Individuals with Disabilities Education 

Act, the Carl D. Perkins Career and Technical Education Act 

of 2006, the Head Start Act, the Child Care and Development 

Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), the Workforce 

Investment Act of 1998 (29 U.S.C. 2801 et seq.), and the McKinney-Vento Homeless Assistance Act; 

(12) describe how the agency will assist eligible entities in 

increasing the extent to which English learners acquire English 

language proficiency within the time frame described in paragraph (6), as informed by evidence-based practices; 

(13) provide an assurance eligible entities in the State will 

be given the flexibility to teach English learners using a language instruction curriculum that has been demonstrated to be 

effective; 

(14) describe how the agency will manage subgrants 

awarded under this subpart, including— 

(A) how the agency will ensure subgrant funds are expended to support the provision of services to help English 

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learners achieve English language proficiency and meet the 

State’s college and career ready academic content standards, which may include using an evidence-based language 

instruction curriculum; 

(B) how the agency will monitor eligible entities receiving a subgrant under this subpart to ensure compliance 

with applicable Federal fiscal requirements, while also assisting such entities in building their capacity to offer highquality services; and 

(C) how the agency will, in awarding subgrants under 

section 3114, address the needs of local educational agencies of all sizes and in all geographic areas, including local 

educational agencies that serve rural and urban schools; 

(15) identify the lowest performing local educational agencies in the State (regarding English proficiency) and describe 

how the State will ensure that those local educational agencies 

improve; and 

(16) provide an assurance the plan has been developed in 

consultation with local educational agencies, teachers, administrators of programs described under this part, parents, family 

members, community partners, and other relevant stakeholders. 

(c) APPROVAL.— (1) IN GENERAL.—The Secretary, after using a peer review 

process, shall approve a plan submitted under subsection (a) if 

the plan meets the requirements of this section. 

(2) FREQUENCY AND DURATION.—The State shall resubmit 

the plan submitted under subsection (a) every 4 years, and such 

resubmissions shall coincide with the years that the State submits a State plan under title I in accordance with section 

1111(b)(3)(C). 

(3) ADDITIONAL INFORMATION.— (A) AMENDMENTS.—If a State educational agency 

amends the plan approved under this subsection, the agency shall submit the amendment to the Secretary. 

(B) APPROVAL.—The Secretary shall approve an 

amendment to an approved plan, unless the Secretary determines that the amendment will result in the agency not 

meeting the requirements, or fulfilling the purposes, of this 

part. 

(d) CONSOLIDATED PLAN.—A plan submitted under subsection 

(a) may be submitted as part of a consolidated State plan. 

(e) SECRETARY ASSISTANCE.—The Secretary shall provide technical assistance, if requested, in the development of English language proficiency standards, performance targets, and assessments. 

SEC. 3114. WITHIN-STATE ALLOCATIONS. 

(a) IN GENERAL.—After making the reservation required under 

subsection (d)(1), each State educational agency receiving a grant 

under section 3111(c)(2) shall award subgrants for a fiscal year by 

allocating, in a timely manner, to each eligible entity in the State 

having a plan approved under section 3116, an amount that bears 

the same relationship to the amount received under the grant and 

remaining after making such reservation as the population of 

English learners in public and nonpublic schools served by the eligible entity bears to the population of English learners in public and 

nonpublic schools served by all eligible entities in the State. 

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(b) LIMITATION.—A State educational agency shall not award a 

subgrant from an allocation made under subsection (a) if the 

amount of such subgrant would be less than $10,000. 

(c) REALLOCATION.—Whenever a State educational agency determines that an amount from an allocation made to an eligible entity 

under subsection (a) for a fiscal year will not be used by the entity 

for the purpose for which the allocation was made, the agency shall, 

in accordance with such rules as the agency determines to be appropriate, reallocate such amount, consistent with such subsection, to 

other eligible entities in the State that the agency determines will 

use the amount to carry out that purpose. 

(d) REQUIRED RESERVATION.—A State educational agency receiving a grant under this subpart for a fiscal year— 

(1) shall reserve not more than 15 percent of the agency’s 

allotment under section 3111(c)(2) to award subgrants to eligible entities in the State that have experienced a significant increase, as compared to the average of the 2 preceding fiscal 

years, in the percentage or number of immigrant children and 

youth, including students with interrupted formal education, 

who have enrolled, during the fiscal year preceding the fiscal 

year for which the subgrant is made, in public and nonpublic 

elementary schools and secondary schools in the geographic 

areas under the jurisdiction of, or served by, such entities; and 

(2) in awarding subgrants under paragraph (1)— 

(A) shall consider eligible entities that satisfy the requirement of such paragraph but have limited or no experience in serving immigrant children and youth, including 

students with interrupted formal education; 

(B) shall consider eligible entities that experience a significant increase in the percentage of immigrant children 

and youth served, including students with interrupted formal education, and eligible entities that experience a significant increase in the number of immigrant children and 

youth served, including students with interrupted formal 

education; and 

(C) shall consider the quality of each local plan under 

section 3116 and ensure that each subgrant is of sufficient 

size and scope to meet the purposes of this part. 

SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES. 

(a) PURPOSES OF SUBGRANTS.—A State educational agency may 

make a subgrant to an eligible entity from funds received by the 

agency under this subpart only if the entity agrees to expend the 

funds to supplement the education of English learners by helping 

English learners learn English and meet the State college and career ready academic content and student academic achievement 

standards. The eligible subgrantee shall carry out activities with 

such funds, using evidence-based approaches and methodologies 

that have been demonstrated to be effective for teaching English 

learners and immigrant children and youth, for the following purposes: 

(1) Developing and implementing new language instruction 

educational programs and academic content instruction programs for English learners and immigrant children and youth, 

including early childhood education programs, elementary 

school programs, and secondary school programs. 

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(2) Carrying out highly-focused, innovative, locally designed, evidence-based activities to expand or enhance existing 

language instruction educational programs and academic content instruction programs for English learners and immigrant 

children and youth. 

(3) Implementing, within an individual school, whole 

school programs for restructuring, reforming, and upgrading 

all relevant programs, activities, and operations relating to language instruction educational programs and academic content 

instruction for English learners and immigrant children and 

youth. 

(4) Implementing, within the entire jurisdiction of a local 

educational agency, agencywide programs for restructuring, reforming, and upgrading all relevant programs, activities, and 

operations relating to language instruction educational programs and academic content instruction for English learners 

and immigrant children and youth. 

(b) ADMINISTRATIVE EXPENSES.—Each eligible entity receiving 

funds under section 3114(a) for a fiscal year may use not more than 

2 percent of such funds for the cost of administering this subpart. 

(c) ALLOWABLE ACTIVITIES.—An eligible entity that receives a 

subgrant under section 3114 may use subgrant funds to meet the 

academic and language needs of English learners, in order to meet 

the performance targets described under section 3121, by carrying 

out the following activities: 

(1)(A) Developing an individual performance target for each 

English learner that is not less than the rate of growth in 

English proficiency necessary for the student to achieve proficiency not more than 5 years after being identified as an 

English learner; and 

(B) in the case of a student who will graduate from secondary school in less than 5 years, ensuring that— 

(i) such student will receive not less than 4 years of 

services to help the student attain English proficiency; 

(ii) the student will continue to receive services to gain 

English proficiency after graduation from secondary school, 

through a partnership between the local educational agency 

and a local institution of higher education; and 

(iii) if a student described in this subparagraph does 

not attain English proficiency not more than 5 years after 

being identified as an English learner, the student will not 

be counted as a graduating student in the local educational 

agency’s calculation of the graduation rates. 

(2) Developing and carrying out sustained, long term, jobembedded, data-driven professional development for educators 

that includes— 

(A) specific knowledge and skills school leaders need 

to— 

(i) implement evidence-based strategies to create 

positive conditions for learning; 

(ii) create conditions for learning; 

(iii) support effective, evidence-based instructional 

programs; 

(iv) design comprehensive professional growth 

plans for educators who serve English learners; 

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(v) develop the capacity of content-area teachers to 

meet the unique cultural, language, and academic 

needs of English learners; and 

(vi) meet the unique needs, cultural and otherwise, 

of families of English learners; 

(B) specific knowledge and skills teachers of English 

learners need to— 

(i) implement evidence-based instructional strategies for improving English learner acquisition of academic language; 

(ii) meet the academic and language needs of 

English learners of different ages; and 

(iii) meet the unique needs, cultural and otherwise, 

of families of English learners; and 

(C) specific knowledge and skills content-area teachers 

need to— 

(i) adapt, accommodate, and enhance academic 

content curricula and assessments, to the greatest extent practicable, to ensure that English learners can access academic content while maintaining the high expectations necessary to meet the performance targets 

described under section 3121 and the college and career ready standards described in section 1111(a)(1); 

(ii) execute evidence-based instructional strategies 

for improving English learner acquisition of contentspecific language and concepts; 

(iii) execute evidence-based instructional practices 

for improving English learner acquisition of academic 

language; and 

(iv) meet the unique needs, cultural and otherwise, 

of families of English learners. 

(3) Implementing and carrying out opportunities for teachers of English learners and content-area teachers to plan collaboratively during contract hours. 

(4) Implementing or enhancing schoolwide data analysis 

and intervention teams to improve the achievement of English 

learners. 

(5) Developing, implementing, and carrying out not less 

than 1 of the following family engagement strategies: 

(A) Implementing community school models and related activities, such as opening school facilities to community-based organizations, establishing parent institutes, operating or supporting co-location with family literacy programs, and establishing co-location with public assistance 

programs. 

(B) Providing compensatory time to allow teachers to 

conduct home visits, or establishing a home visiting program in collaboration with a community-based organization. 

(C) Establishing native language family outreach call 

centers. 

(D) Other evidence-based outreach strategies. 

(6) As necessary, acquiring evidence-based curricular and 

instructional materials designed to meet the needs of English 

learners. 

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(d) ACTIVITIES BY AGENCIES EXPERIENCING SUBSTANTIAL INCREASES IN IMMIGRANT CHILDREN AND YOUTH.— 

(1) IN GENERAL.—An eligible entity receiving funds under 

section 3114(d)(1) shall use the funds to pay for activities that 

provide enhanced instructional opportunities for immigrant 

children and youth, including students with interrupted formal 

education, which may include— 

(A) family literacy, parent and family outreach, and 

leadership development activities designed to assist parents 

and family members in becoming engaged participants in 

the education and development of their children; 

(B) recruitment of, and support for, personnel, including early childhood educators, teachers, and paraprofessionals who have been specifically trained, or are being 

trained, to provide services to immigrant children and 

youth; 

(C) the provision of tutorials, mentoring, and academic 

or career counseling for immigrant children and youth; 

(D) identification, development, and acquisition of curricular materials, educational software, and technologies to 

be used in the program carried out with funds awarded 

under section 3114(a); 

(E) basic instructional services that are directly attributable to the presence in the local educational agency involved of immigrant children and youth, including the payment of costs of providing additional classroom supplies 

and costs of transportation; 

(F) such other costs that are directly attributable to 

such additional basic instructional services or that are designed to assist immigrant children and youth to achieve in 

elementary schools and secondary schools in the United 

States, such as programs of introduction to the educational 

system and civics education; and 

(G) activities, coordinated with community-based organizations (including community-based organizations providing early childhood education programs), institutions of 

higher education, private sector entities, or other entities 

with expertise in working with immigrants, to assist parents of immigrant children and youth by offering comprehensive community services. 

(2) DURATION OF SUBGRANTS.—The duration of a subgrant 

made by a State educational agency under section 3114(d)(1) 

shall be determined by the agency in the agency’s discretion. 

(e) SELECTION OF METHOD OF INSTRUCTION.— 

(1) IN GENERAL.—An eligible entity receiving a subgrant 

from a State educational agency under this subpart shall select 

1 or more methods or forms of evidence-based instruction to be 

used in the programs and activities undertaken by the entity in 

assisting English learners in attaining English language proficiency and meeting State college and career ready academic 

content standards and student academic achievement standards under section 1111(a)(1) in order to be college and career 

ready. 

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(2) CONSISTENCY.—The selection of methods or forms of instruction, as described under paragraph (1), shall be consistent 

with sections 3125 through 3128. 

(f) SUPPLEMENT, NOT SUPPLANT.—Federal funds made available under this subpart shall be used so as to supplement the level 

of Federal, State, and local public funds that, in the absence of such 

availability, would have been expended for programs for English 

learners and immigrant children and youth and in no case to supplant such Federal, State, and local public funds. 

SEC. 3116. LOCAL PLANS. 

(a) PLAN REQUIRED.—Each eligible entity desiring a subgrant 

from a State educational agency under section 3114 shall submit a 

plan to the State educational agency at such time, in such manner, 

and containing such information as the State educational agency 

may require. 

(b) CONTENTS.—Each plan submitted under subsection (a) for 

a subgrant under section 3114(a) shall, at a minimum— 

(1) describe the evidence-based programs and activities proposed to be developed, implemented, and administered under 

the subgrant, including how such programs and activities will 

enable children to speak, read, write, and comprehend the 

English language, meet State college and career ready academic 

content standards and student academic achievement standards under section 1111(a)(1), and be college and career ready; 

(2) describe how the eligible entity will hold elementary 

schools and secondary schools receiving funds under this subpart accountable for— 

(A) assessing annually, in accordance with section 

1111(a)(2)(D), the English language proficiency of all 

English learners participating in programs funded under 

this subpart; and 

(B) meeting timelines, progress criteria, and performance targets for English learners in order to ensure that 

students served by programs carried out under this part— 

(i) achieve English proficiency; and 

(ii) meet the State’s college and career ready academic content standards under section 1111(a)(1); 

(3) describe how the eligible entity will engage family and 

community members and involve them in activities carried out 

using subgrant funds; 

(4) describe how the eligible entity will consult with teachers, researchers, school administrators, parents, family and 

community members, and, if appropriate, education-related 

community groups and nonprofit organizations, and institutions of higher education, in developing and implementing such 

plan; 

(5) describe how language instruction and academic content instruction carried out under the subgrant will ensure that 

English learners being served by the programs develop English 

language proficiency and demonstrate such proficiency through 

academic content mastery; 

(6) describe how the eligible entity will, if applicable, coordinate activities under the plan with local Head Start and 

Early Head Start agencies, including migrant and seasonal 

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Head Start agencies, and other early childhood education providers; and 

(7) contain an assurance that— 

(A) the eligible entity is not in violation of State law, 

including State constitutional law, regarding the education 

of English learners, consistent with sections 3124 through 

3128; 

(B) each local educational agency that is included in 

the eligible entity complies with section 3202 prior to, and 

throughout, each school year; and 

(C) in developing the plan, the eligible entity considered how best to target funds to schools with high concentrations of English learners and to support continuous 

improvement in the services offered to English learners in 

the area served by the eligible entity. 

(c) TEACHER ENGLISH FLUENCY.—Each eligible entity receiving 

a subgrant under this subpart shall include in the plan a certification that all teachers in any language instruction educational program for English learners that is, or will be, funded under this part 

are fluent in the language used for instruction, including having 

written and oral communications skills. 

Subpart 2—Accountability and Administration 

SEC. 3121. LOCAL EVALUATION AND ACCOUNTABILITY. 

(a) EVALUATION.— (1) IN GENERAL.—Each eligible entity that receives a 

subgrant from a State educational agency under subpart 1 

shall provide such agency, at the conclusion of every second fiscal year during which the subgrant is received, with an evaluation, in a form prescribed by the agency, that includes— 

(A) a description of the programs and activities conducted by the entity with funds received under subpart 1 

during the 2 immediately preceding fiscal years; 

(B) a description of the progress made by children in 

learning the English language as measured by the State 

English language proficiency assessment described in section 3113(b)(5) and meeting college and career ready academic content standards and student academic achievement standards under section 1111(a)(1); 

(C) the number and percentage of children in the programs and activities who meet the target established under 

section 3113(b)(6)(A); and 

(D) a description of the progress made by children in 

meeting college and career ready academic content standards and student academic achievement standards under 

section 1111(a)(1) for each of the 2 years after such children 

are no longer receiving services under this part; and 

(E) a description of the progress made by former 

English learners in meeting college and career ready academic content standards and student achievement standards under section 1111(a)(1). 

(2) USE OF EVALUATION.—An evaluation provided by an eligible entity under paragraph (1) shall be used by the entity and 

the State educational agency— 

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(A) for improvement of programs and activities; 

(B) to determine the effectiveness of programs and activities in assisting children who are English learners to attain English proficiency, as measured in a way that is consistent with paragraph (4), and meet college and career 

ready academic content standards and student academic 

achievement standards under section 1111(a)(1); and 

(C) in determining whether or not to continue funding 

for specific programs or activities. 

(3) EVALUATION COMPONENTS.—An evaluation provided by 

an eligible entity under paragraph (1) shall— 

(A) provide an evaluation of children enrolled in a program or activity conducted by the entity using funds under 

subpart 1 (including the percentage of children) who— 

(i) are making progress in attaining English proficiency, including the percentage of children who have 

achieved English proficiency; 

(ii) have transitioned into classrooms not tailored 

to English learners, and have a sufficient level of 

English proficiency to permit them to achieve in 

English and transition into classrooms not tailored to 

limited English learners; 

(iii) are meeting the academic content and student 

academic achievement standards described in section 

1111(a); and 

(iv) are not exempted from the State reading or 

language arts academic assessment in accordance with 

section 1111(a)(2)(B)(v)(II); and 

(B) include such other information as the State educational agency may require. 

(4) EVALUATION MEASURES.—A State shall approve evaluation measures for use under paragraph (3) that are designed to 

assess— 

(A) the progress of children in attaining English proficiency, including a child’s level of comprehension, speaking, listening, reading, and writing skills in English; 

(B) student attainment of college and career ready student academic achievement standards under section 

1111(a)(1) on assessments described in section 1111(a)(2); 

and 

(C) progress in meeting the annual State performance 

targets described in section 3122. 

(b) ACCOUNTABILITY.— 

(1) IN GENERAL.—Each eligible entity that receives a 

subgrant from a State educational agency under this part shall 

annually reach an agreement with the State educational agency 

on a local English proficiency performance target for the percentage of English learners served by the eligible entity under 

this part who are making progress in achieving English proficiency not more than 5 years after being identified as an 

English learner. For purposes of this paragraph, English proficiency shall be measured using the English language proficiency assessment described in section 3113(b)(5). 

(2) STUDENTS WHO WILL GRADUATE IN LESS THAN 5

YEARS.—In the case of a student who will graduate from secmstockstill on DSK4VPTVN1PROD with HEARINGS

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ondary school in less than 5 years, if such student does not attain English proficiency not more than 5 years after being identified as an English learner, the student shall not be counted 

as a graduating student in the local educational agency’s calculation of the graduation rates. 

(3) TECHNICAL ASSISTANCE.—During the development of the 

improvement plan described in paragraph (4), and throughout 

the implementation of such plan, the State educational agency 

shall— 

(A) provide technical assistance to the eligible entity; 

(B) provide technical assistance, if applicable, to 

schools served by the eligible entity under subpart 1 that 

need assistance to enable the schools to meet the eligible entity’s local performance target described in paragraph (1); 

(C) assist the eligible entity in improving the professional development described in section 3115(c)(2) that such 

eligible entity is providing to educators; and 

(D) develop, in consultation with the eligible entity, a 

plan to incorporate evidence-based strategies and methodologies to improve the specific program or method of instruction provided to English learners. 

(4) ACCOUNTABILITY.— (A) 2-YEAR ACCOUNTABILITY.—If an eligible entity fails 

to meet the local performance target described in paragraph 

(1) for 2 consecutive years, the State educational agency 

shall— 

(i) identify such eligible entity as being in need of 

improvement; and 

(ii) require the eligible entity to develop and implement an improvement plan. 

(B) ENTITIES IN NEED OF IMPROVEMENT.—If an eligible 

entity fails to meet the local performance targets described 

in paragraph (1) a year after being identified as being in 

need of improvement, as described in subparagraph (A)(i), 

the State educational agency shall— 

(i) identify such eligible entity as being in need of 

State support; 

(ii) require such eligible entity to develop and implement a plan to modify the entity’s curriculum, program, and method of instruction; and 

(iii) submit such plan to the State educational 

agency for approval. 

(C) ENTITIES IN NEED OF STATE SUPPORT.—If an eligible entity fails to meet the local performance targets described in paragraph (1) a year after being identified as 

being in need of State support, as described in subparagraph (B)(i), the State educational agency shall— 

(i) identify such eligible entity as being in need of 

State action; 

(ii) manage the subgrant funds and the eligible entity’s subgrant programs for 4 years, or until the local 

performance target is reached if such target is reached 

in less than 4 years; and 

(iii) after 4 years, or after the local performance 

target is reached if such target is reached in less than 

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4 years, institute a 2-year probationary period, during 

which the State educational agency shall once again 

manage the subgrant funds and programs if the eligible entity fails to meet the local performance target at 

any time during the probationary period. 

SEC. 3122. STATE ACCOUNTABILITY. 

(a) IN GENERAL.—Each State educational agency, with input 

from subgrantees, shall establish in the State plan submitted under 

section 3113, a State performance target for the percentage of 

English learners served by the State under this part who are making progress in achieving English proficiency not more than 5 years 

after being identified as an English learner. The State performance 

target established under this subsection shall be subject to approval 

by the Secretary. Each State educational agency shall ensure that 

the local performance targets described in section 3121(b)(1) result, 

in the aggregate, in the State achieving the State’s performance target for English learners. 

(b) IMPROVEMENT PLAN.—If a State educational agency has 

failed to meet the State’s performance target for 2 consecutive years, 

the Secretary shall require the State educational agency to develop 

an improvement plan that will ensure that the State educational 

agency meets the State performance target. The improvement plan 

shall specifically address the factors that prevented the agency from 

meeting such performance target. 

(c) TECHNICAL ASSISTANCE.—During the development of the improvement plan described in subsection (b), and throughout the implementation of such plan, the Secretary shall— 

(1) provide technical assistance to the State educational 

agency using the funds described in section 3111(c)(1)(D); 

(2) assist the State educational agency in developing a plan 

to improve and disseminate the professional development described in section 3115(c)(2); and 

(3) develop, in consultation with the State educational 

agency, a plan to incorporate evidence-based strategies and 

methodologies to improve the specific programs and method of 

instruction in use in such State. 

(d) ACCOUNTABILITY.— (1) IN GENERAL.—If a State educational agency fails to 

meet its performance target for 4 consecutive years, the Secretary shall— 

(A) require such State educational agency to modify its 

State plan and the methods of instruction in use in the 

State; or 

(B) require such State educational agency to— 

(i) identify low-performing local educational agencies in the State; 

(ii) develop and implement a plan to partner such 

low-performing local educational agencies with highperforming local educational agencies in the State that 

have met the local performance targets for the previous 

3 years; and 

(iii) reallocate any grant funding under this part 

that would have otherwise been distributed to an identified low-performing local educational agency to such 

agency’s high-performing partner local educational 

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agency, as described in clause (ii), to enable the highperforming partner agency to provide technical assistance. 

(2) STUDENTS WHO WILL GRADUATE IN LESS THAN 5

YEARS.—In the case of a student who will graduate from secondary school in less than 5 years, if such student does not attain English proficiency not more than 5 years after being identified as an English learner, the student shall not be counted 

as a graduating student in the State educational agency’s calculation of the graduation rates. 

SEC. 3123. REPORTING REQUIREMENTS. 

(a) STATES.—Each State educational agency that receives assistance under this part shall provide annually to the Secretary, 

and make widely available within the State, a report containing information about— 

(1) the State’s progress in developing and implementing the 

English language proficiency standards described in section 

3111(b)(2)(A)(iv); 

(2) the achievement, academic growth, and acquisition of 

English language proficiency of students served under this part; 

(3) programs and activities carried out by the State educational agency under this part; and 

(4) the effectiveness of such programs and activities in improving the education provided to English learners. 

(b) SECRETARY.—Every second year, the Secretary shall prepare 

and submit to the authorizing committees of Congress a report containing— 

(1) information about programs and activities carried out 

to serve English learners under this part, and the effectiveness 

of such programs and activities in improving the academic 

achievement and English proficiency of English learners; 

(2) information about the types of language instruction educational programs used by eligible entities receiving funding 

under this part to teach English learners; 

(3) a critical synthesis of data reported by eligible entities 

to States under section 3121(a)(3); 

(4) a description of technical assistance and other assistance provided by State educational agencies under section 

3111(b)(2)(A); 

(5) an estimate of the number of certified or licensed teachers working in language instruction educational programs and 

educating English learners, and an estimate of the number of 

such teachers that will be needed for the succeeding 5 fiscal 

years; 

(6) the major findings of scientifically based research carried out under this part; 

(7) the number of programs or activities, if any, that were 

subject to accountability measures described in section 

3121(b)(4) due to a failure to meet local performance targets; 

(8) the number of English learners served by eligible entities receiving funding under this part who were transitioned out 

of language instruction educational programs funded under 

this part into classrooms where instruction is not tailored for 

English learners; and 

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(9) other information gathered from other reports submitted 

to the Secretary under this part, as applicable. 

SEC. 3124. COORDINATION WITH RELATED PROGRAMS. 

In order to maximize Federal efforts aimed at serving the educational needs of English learners, the Secretary shall coordinate 

and ensure close cooperation with other entities carrying out programs serving language-minority and English learners that are administered by the Department and other agencies. 

SEC. 3125. RULES OF CONSTRUCTION. 

Nothing in this part shall be construed— 

(1) to prohibit a local educational agency from serving 

English learners simultaneously with children with similar 

educational needs, in the same educational settings where appropriate; 

(2) to require a State or a local educational agency to establish, continue, or eliminate any particular type of instructional 

program for English learners; 

(3) to limit the preservation or use of Native American languages; or 

(4) to prohibit the use of dual language programs to serve 

the needs of English learners and children with similar educational needs, in the same educational setting as appropriate. 

SEC. 3126. LEGAL AUTHORITY UNDER STATE LAW. 

Nothing in this part shall be construed to negate or supersede 

State law, or the legal authority under State law of any State agency, State entity, or State public official, over programs that are 

under the jurisdiction of the State agency, entity, or official. 

SEC. 3127. CIVIL RIGHTS. 

Nothing in this part shall be construed in a manner inconsistent with any Federal law guaranteeing a civil right. 

SEC. 3128. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO. 

Notwithstanding any other provision of this part, programs authorized under this part that serve Native American (including Native American Pacific Islander) children and children in the Commonwealth of Puerto Rico may include programs of instruction, 

teacher training, curriculum development, evaluation, and assessment designed for Native American children learning and studying 

Native American languages and children of limited Spanish proficiency, except that an outcome of programs serving such children 

shall be increased English proficiency among such children. 

SEC. 3129. PROHIBITION. 

In carrying out this part, the Secretary shall neither mandate 

nor preclude the use of a particular curricular or pedagogical approach to educating English learners. 

Subpart 3—National Activities 

SEC. 3131. PROFESSIONAL DEVELOPMENT GRANTS. 

(a) GRANTS AUTHORIZED.—The Secretary shall use funds made 

available under section 3111(c)(1)(C) to award grants, on a competitive basis and for a period of not more than 5 years, to institutions 

of higher education or nonprofit institutions with relevant experimstockstill on DSK4VPTVN1PROD with HEARINGS

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ence or expertise and capacity (in consortia with State educational 

agencies or local educational agencies) in order to enable such consortia to— 

(1) provide for professional development activities that will 

improve classroom instruction for English learners; 

(2) assist educational personnel working with English 

learners to meet high professional standards, including standards for certification and licensure as teachers who work in language instruction educational programs and academic content 

instruction programs or serve English learners. 

(b) USES OF FUNDS.—Grants awarded under this section may 

be used to— 

(1) support partnerships between State or local educational 

agencies and institutions of higher education to support the 

work of individuals who are completing baccalaureate and 

masters programs (such as programs in the areas of teacher 

training, program administration, policy, research, evaluation, 

assessment, and curriculum development) and to improve educational services and programs for English learners, provided 

that recipients of fellowships or assistance are required, on completion of their studies, to— 

(A) assist in the education of English learners through 

work in a school, local educational agency, or other educational agency or organization for a period of time equivalent to the period of time during which the individual receives assistance under this section; or 

(B) repay all or a prorated part of the financial assistance received under this section; 

(2) support research on promising instructional strategies 

or programs that have practical applications for teachers, counselors, parents and family members, school leaders, and others 

responsible for educating or improving the education of English 

learners and their families; 

(3) support strategies that promote school readiness for 

English learners and the transition from early childhood education programs, such as Head Start or State preschool programs, to elementary school programs; 

(4) support strategies that promote high school graduation 

for English learners; 

(5) support strategies that strengthen and increase family 

and community member engagement in education; 

(6) support the development of curricula that are appropriate to the needs of the participating consortium; and 

(7) support the dissemination of information gathered in 

accordance with paragraphs (1) through (5), particularly evidence-based best practices and the provision of technical assistance. 

SEC. 3132. COMMISSION ON THE ASSESSMENT AND ADVANCEMENT OF 

ENGLISH LEARNERS. 

(a) COMMISSION ON ASSESSMENT OF ENGLISH LEARNERS.— 

(1) IN GENERAL.—The Secretary shall establish an independent commission on the assessment and advancement of 

English learners (referred to in this section as the ‘‘commission’’) to carry out the activities described in subsection (c). 

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(2) DATE OF APPOINTMENT.—The members of the commission shall be appointed not later than 6 months after the date 

of enactment of the Strengthening America’s Schools Act of 

2013. 

(b) COMPOSITION.— 

(1) IN GENERAL.—The commission shall be comprised of individuals with experience and expertise in the educational advancement and development of English learners, including individuals with expertise in— 

(A) the practice of teaching English to speakers of other 

languages; 

(B) measurement and educational assessment systems; 

and 

(C) educational assessment and accountability practices. 

(2) EXPERTISE OF MEMBERS.—The Secretary shall ensure 

that the individuals selected in accordance with paragraph (1) 

are experts who are competent, by virtue of their training, expertise, or experience, to evaluate instruction, assessments, and 

models for English learners. 

(c) DUTIES OF THE COMMISSION.—The commission shall provide 

the Secretary with advice and recommendations about the following 

issues: 

(1) The development and approval of standards pertaining 

to English learners, in order to assist the Secretary in the review and approval of statewide accountability systems that are 

required under section 3113(b)(5) and section 1111(a)(3). 

(2) The provision of regulations and guidance pertaining to 

the inclusion of English learners in assessment and accountability systems, including recommendations about appropriate 

accommodations and appropriate weights for assessments involving English learners, including the English language proficiency assessments described in section 3113(b)(5). 

(3) Ensuring that State English language proficiency 

standards under section 3113(b)(2) and section 1111(a)(1)(D) 

are properly aligned with college and career ready academic 

content standards under section 1111(a)(1). 

(4) The formation of peer review panels, under section 

1111(b)(4), with regard to— 

(A) the inclusion on the panels of experts about English 

learners; and 

(B) processes to ensure that the work of the peer review 

panel is consistent with the standards and guidance developed by the commission. 

(5) Identifying ways to support local capacity-building efforts to assist local educational agencies and schools in properly 

supporting English learners. 

(6) Ensuring that the research, development, and dissemination activities of the Department address identified gaps in 

knowledge for effectively including English learners in assessment and accountability practices. 

(7) Ways to address the needs of English learners in all 

program planning at the Department, including inter- and 

intra-agency coordination. 

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(8) The development of improved early learning assessment 

strategies and instruments that take into account the development of English learners across all of the essential domains of 

school readiness. 

(d) INDEPENDENTLY COMMISSIONED RESEARCH.—The commission may independently commission research that is directly relevant to the implementation of accountability provisions under this 

Act for English learners. 

(e) ANNUAL REPORT.—The commission shall, beginning not 

later than 1 year after the date on which all members of the commission have been appointed, submit an annual report to the Secretary and the authorizing committees of Congress containing the 

recommendations described in subsection (c). 

SEC. 3133. ENGLISH LANGUAGE ACQUISITION TECHNOLOGY INNOVATION GRANTS. 

(a) PURPOSES.—The Secretary shall use funds made available 

under section 3111(c)(1)(C) to provide English language acquisition 

technology innovation grants for purposes of pursuing breakthrough 

research and development in educational technology and providing 

the effective use of that technology to improve English proficiency 

and academic achievement for English learners, by— 

(1) identifying and promoting advances in fundamental 

and applied sciences and engineering that could be translated 

into new language learning or instruction technologies; 

(2) developing novel language learning or instruction technologies, and the enabling processes and contexts for effective 

use of those technologies; 

(3) developing, testing, and evaluating the impact and efficacy of those technologies; 

(4) accelerating technological advances in areas in which 

the private sector, by itself, is not likely to accelerate such advances because of difficulties in implementation or adoption, or 

technical and market uncertainty; 

(5) coordinating activities with nongovernmental entities to 

demonstrate technologies and research applications to facilitate 

technology transfer; and 

(6) encouraging educational research on English language 

acquisition using new technologies and the data produced by 

those technologies. 

(b) AUTHORITIES OF SECRETARY.—The Secretary is authorized 

to— 

(1) establish processes for the development and execution of 

English language acquisition technology innovation grant 

projects and the solicitation of entities to carry out the projects 

in a manner that is— 

(A) tailored to the purposes of the English language acquisition technology innovation grants and not constrained 

by other Department-wide administrative requirements that 

could detract from achieving program results; 

(B) designed to heighten transparency; and 

(C) designed to heighten public and private sector involvement to ensure that investments are made in the most 

promising areas; 

(2) award grants, contracts, cooperative agreements, and 

cash prizes, and enter into other transactions (in accordance 

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with such regulations as the Secretary may establish regarding 

other transactions); 

(3) obtain independent, periodic, rigorous evaluations, as 

appropriate, of— 

(A) the effectiveness of the processes being used to 

award and evaluate the effectiveness of the English language acquisition technology innovation grants in achieving the stated purposes; and 

(B) the effectiveness of individual projects assisted by 

English language acquisition technology innovation grants, 

using evidence standards developed in consultation with 

the Institute of Education Sciences, and the suitability of 

ongoing projects assisted by such grants for further investment or increased scale; 

(4) disseminate, through the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602), the regional educational laboratories system established under section 174 of the Education 

Sciences Reform Act of 2002 (20 U.S.C. 9564), or such other 

means as the Secretary determines to be appropriate, information on effective practices and technologies developed with the 

support of English language acquisition technology innovation 

grants; and 

(5) collect, analyze, synthesize, and disseminate, through 

the comprehensive centers established under section 203 of the 

Educational Technical Assistance Act of 2002 (20 U.S.C. 9602), 

the regional educational laboratories system established under 

section 174 of the Education Sciences Reform Act of 2002 (20 

U.S.C. 9564), or such other means as the Secretary determines 

to be appropriate, information and educational research and 

processes related to the education of English learners. 

(c) EVALUATION FUNDS.—The Secretary may use funds made 

available for English language acquisition technology innovation 

grants to pay the cost of the evaluations under subsection (b)(3). 

(d) NONDUPLICATION.—To the maximum extent practicable, the 

Secretary shall ensure that grants, contracts, cooperative agreements, cash prizes, or other assistance or arrangements awarded or 

entered into pursuant to this section that are designed to carry out 

the purposes of the English language acquisition technology innovation grants do not duplicate activities under programs carried out 

under Federal law other than this section by the Department or 

other Federal agencies. 

PART B—GENERAL PROVISIONS 

SEC. 3201. DEFINITIONS. 

Except as otherwise provided, in this title: 

(1) CHILD.—The term ‘‘child’’ means any individual aged 3 

through 21. 

(2) COMMUNITY-BASED ORGANIZATION.—The term ‘‘community-based organization’’ means a private nonprofit organization of demonstrated effectiveness, Indian tribe, or tribally sanctioned educational authority, that is representative of a community or significant segments of a community and that provides 

educational or related services to individuals in the community. 

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Such term includes a Native Hawaiian or Native American Pacific Islander native language educational organization. 

(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) 1 or more local educational agencies; or 

(B) 1 or more local educational agencies, in collaboration with an institution of higher education, communitybased organization, or State educational agency. 

(4) IMMIGRANT CHILDREN AND YOUTH.—The term ‘‘immigrant children and youth’’ means individuals who— 

(A) are aged 3 through 21; 

(B) were not born in any State; and 

(C) have not been attending one or more schools in any 

one or more States or operated by the Department of Defense Education Authority for more than 3 full academic 

years. 

(5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given the term in section 4 of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 450b). 

(6) LANGUAGE INSTRUCTION EDUCATIONAL PROGRAM.—The 

term ‘‘language instruction educational program’’ means an instruction course— 

(A) in which an English learner is placed for the purpose of developing and attaining English proficiency, while 

meeting college and career ready academic content standards and student academic achievement standards under 

section 1111(a)(1); and 

(B) that may make instructional use of both English 

and a child’s native language to enable the child to develop 

and attain English proficiency, and may include the participation of English-proficient children if such course is 

designed to enable all participating children to become proficient in English and a second language. 

(7) NATIVE HAWAIIAN OR NATIVE AMERICAN PACIFIC IS- LANDER NATIVE LANGUAGE EDUCATIONAL ORGANIZATION.—The 

term ‘‘Native Hawaiian or Native American Pacific Islander native language educational organization’’ means a nonprofit organization with— 

(A) a majority of its governing board and employees 

consisting of fluent speakers of the traditional Native American languages used in the organization’s educational programs; and 

(B) not less than 5 years successful experience in providing educational services in traditional Native American 

languages. 

(8) NATIVE LANGUAGE.—The term ‘‘native language’’, when 

used with reference to an English learner, means— 

(A) the language normally used by such individual; or 

(B) in the case of a child or youth, the language normally used by the parents of the child or youth. 

(9) PARAPROFESSIONAL.—The term ‘‘paraprofessional’’ 

means an individual who is employed in a preschool, elementary school, or secondary school under the supervision of a certified or licensed teacher, including individuals employed in 

language instruction educational programs, special education, 

and migrant education. 

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(10) STATE.—The term ‘‘State’’ means each of the 50 States, 

the District of Columbia, and the Commonwealth of Puerto 

Rico. 

(11) TRIBALLY SANCTIONED EDUCATIONAL AUTHORITY.—The 

term ‘‘tribally sanctioned educational authority’’ means— 

(A) any department or division of education operating 

within the administrative structure of the duly constituted 

governing body of an Indian tribe; and 

(B) any nonprofit institution or organization that is— 

(i) chartered by the governing body of an Indian 

tribe to operate a school described in section 3112(a) or 

otherwise to oversee the delivery of educational services 

to members of the tribe; and 

(ii) approved by the Secretary for the purpose of 

carrying out programs under subpart 1 of part A for 

individuals served by a school described in section 

3112(a). 

SEC. 3202. PARENTAL NOTIFICATION. 

(a) IN GENERAL.—Each eligible entity receiving funds under 

this title to provide a language instruction educational program and 

academic content instruction program shall, not later than 30 days 

after the beginning of the school year, inform a parent or the parents of an English learner identified for participation in, or participating in, such program of— 

(1) the reasons for the identification of their child as an 

English learner and in need of placement in a language instruction educational program and academic content instruction program; 

(2) the child’s level of English language proficiency, how 

that level was assessed, whether the child is on track to achieve 

English proficiency not later than 5 years after being identified 

as an English learner, and the status of the child’s academic 

achievement; 

(3) the method of instruction used in the program in which 

their child is, or will be, participating, and the methods of instruction used in other available programs, including how such 

programs differ in content, instructional goals, and use of 

English and a native language in instruction; 

(4) how the program in which their child is, or will be participating, will appropriately respond to the educational 

strengths and needs of the child; 

(5) how the program will specifically help their child learn 

English and reflect age appropriate academic achievement 

standards for grade promotion and graduation; 

(6) the specific exit requirements for the program, the expected rate of transition from the program into classrooms that 

are not tailored for English learners, and the expected rate of 

graduation from secondary school for English learners in the 

program if the child is in secondary school; 

(7) in the case of a child with a disability, how the program 

meets the objectives of the child’s individualized education program; and 

(8) information pertaining to parental rights that includes 

written guidance— 

(A) detailing— 

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(i) the parent’s right to have the parent’s child immediately removed from the program upon the parent’s 

request; and 

(ii) the options that parents have to decline to enroll their child in such program or to choose another 

program or method of instruction, if available; and 

(B) assisting parents in selecting among various programs and methods of instruction, if more than 1 program 

or method is offered by the eligible entity. 

(b) SEPARATE NOTIFICATION.—In addition to providing the information required to be provided under subsection (a), each eligible 

entity that is using funds provided under this title to provide a language instruction educational program, and that has failed to make 

progress on the local performance targets described in section 

3121(b) for any fiscal year for which part A is in effect, shall separately inform a parent or the parents of a child identified for participation in such program, or participating in such program, of 

such failure not later than 30 days after the eligible entity receives 

notification of such failure from the State. 

(c) RECEIPT OF INFORMATION.—The information described in 

subsection (a) shall be provided in an understandable and uniform 

format and, to the extent practicable, in a language that the parent 

can understand. 

(d) SPECIAL RULE APPLICABLE DURING SCHOOL YEAR.—For a 

child who has not been identified for participation in a language instruction educational program and academic content instruction 

program prior to the beginning of the school year, the eligible entity 

shall carry out subsections (a) and (b) with respect to the parents 

of the child not later than 2 weeks after the child is placed in such 

program. 

(e) PARENT AND FAMILY ENGAGEMENT.— (1) IN GENERAL.—Each eligible entity using funds provided 

under this title to provide a language instruction educational 

program and academic content instruction program shall implement an effective means of outreach to parents and family 

members of English learners to inform such parents and family 

members of how they can— 

(A) be full partners in the education of their children, 

including ensuring that immigrant parents and family 

members are well informed about the elements of the educational system in the United States; and 

(B) be active participants in assisting their children— 

(i) to learn English; 

(ii) to achieve at high levels in core academic subjects; 

(iii) to meet the same college and career ready academic content standards and student academic 

achievement standards under section 1111(a)(1) as all 

children are expected to meet to become college and career ready; and 

(iv) to understand expectations for college readiness and career success. 

(2) RECEIPT OF RECOMMENDATIONS.—The outreach described in paragraph (1) shall include holding, and sending notice of opportunities for, regular meetings for the purpose of formstockstill on DSK4VPTVN1PROD with HEARINGS

552 

mulating and responding to recommendations from parents described in such paragraph. 

(f) BASIS FOR ADMISSION OR EXCLUSION.—A child shall not be 

admitted to, or excluded from, any Federally assisted education program on the basis of a surname or language-minority status. 

SEC. 3203. NATIONAL CLEARINGHOUSE. 

The Secretary shall establish and support the operation of a 

National Clearinghouse for English Learner Support and Educational Programs, which shall collect, analyze, synthesize, and disseminate information about programs that support the academic 

achievement of English learners, and related programs. The National Clearinghouse shall — 

(1) be administered as an adjunct clearinghouse of the 

Educational Resources Information Center clearinghouses system supported by the Institute of Education Sciences; 

(2) coordinate activities with Federal data and information 

clearinghouses and entities operating Federal dissemination 

networks and systems; 

(3) develop a system for improving the operation and effectiveness of programs that receive Federal funding that serve 

English learners; 

(4) collect and disseminate information on— 

(A) educational research and processes related to the 

education of English learners; 

(B) accountability systems that monitor the academic 

progress of English learners in language instruction educational programs, including information on academic content and English proficiency assessments for language instruction educational programs; 

(C) effective practices for meeting the academic and 

cultural needs of English learners; and 

(D) effective practices for engaging the families and 

caretakers of English learners; and 

(5) publish, on an annual basis, a list of grant recipients 

under this title. 

SEC. 3204. REGULATIONS. 

In developing regulations under this title, the Secretary shall 

consult with State educational agencies and local educational agencies, organizations representing English learners, and organizations 

representing teachers and other personnel involved in the education 

of English learners. 

* * * * * * * 

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TITLE IV—ø21ST CENTURY SCHOOLS¿ 

SUPPORTING SUCCESSFUL, WELLROUNDED STUDENTS 

øPART A—SAFE AND DRUG-FREE SCHOOLS 

AND COMMUNITIES¿ 

øSEC. 4001. ø20 U.S.C. 7101¿ SHORT TITLE. 

øThis part may be cited as the ‘‘Safe and Drug-Free Schools 

and Communities Act’’.¿ 

øSEC. 4002. ø20 U.S.C. 7102¿ PURPOSE. 

øThe purpose of this part is to support programs that prevent 

violence in and around schools; that prevent the illegal use of alcohol, tobacco, and drugs; that involve parents and communities; and 

that are coordinated with related Federal, State, school, and community efforts and resources to foster a safe and drug-free learning 

environment that supports student academic achievement, through 

the provision of Federal assistance to— 

ø(1) States for grants to local educational agencies and 

consortia of such agencies to establish, operate, and improve 

local programs of school drug and violence prevention and 

early intervention; 

ø(2) States for grants to, and contracts with, communitybased organizations and public and private entities for programs of drug and violence prevention and early intervention, 

including community-wide drug and violence prevention planning and organizing activities; 

ø(3) States for development, training, technical assistance, 

and coordination activities; and 

ø(4) public and private entities to provide technical assistance; conduct training, demonstrations, and evaluation; and to 

provide supplementary services and community-wide drug and 

violence prevention planning and organizing activities for the 

prevention of drug use and violence among students and 

youth.¿ 

øSEC. 4003. ø20 U.S.C. 7103¿ AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated— 

ø(1) $650,000,000 for fiscal year 2002, and such sums as 

may be necessary for each of the 5 succeeding fiscal years, for 

State grants under subpart 1; and 

ø(2) such sums for fiscal year 2002, and for each of the 5 

succeeding fiscal years, for national programs under subpart 

2.¿ 

øSubpart 1—State Grants¿ 

øSEC. 4111. ø20 U.S.C. 7111¿ RESERVATIONS AND ALLOTMENTS. 

ø(a) RESERVATIONS.— 

ø(1) IN GENERAL.—From the amount made available under 

section 4003(1) to carry out this subpart for each fiscal year, 

the Secretary— 

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554 

ø(A) shall reserve 1 percent or $4,750,000 (whichever 

is greater) of such amount for grants to Guam, American 

Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, to be allotted 

in accordance with the Secretary’s determination of their 

respective needs and to carry out programs described in 

this subpart; 

ø(B) shall reserve 1 percent or $4,750,000 (whichever 

is greater) of such amount for the Secretary of the Interior 

to carry out programs described in this subpart for Indian 

youth; and 

ø(C) shall reserve 0.2 percent of such amount for Native Hawaiians to be used under section 4117 to carry out 

programs described in this subpart. 

ø(2) OTHER RESERVATIONS.—From the amount made available under section 4003(2) to carry out subpart 2 for each fiscal 

year, the Secretary— 

ø(A) may reserve not more than $2,000,000 for the national impact evaluation required by section 4122(a); 

ø(B) notwithstanding section 3 of the No Child Left 

Behind Act of 2001, shall reserve an amount necessary to 

make continuation grants to grantees under the Safe 

Schools/Healthy Students initiative (under the same terms 

and conditions as provided for in the grants involved). 

ø(b) STATE ALLOTMENTS.— ø(1) IN GENERAL.—Except as provided in paragraph (2), 

the Secretary shall, for each fiscal year, allot among the 

States— 

ø(A) one-half of the remainder not reserved under subsection (a) according to the ratio between the school-aged 

population of each State and the school-aged population of 

all the States; and 

ø(B) one-half of such remainder according to the ratio 

between the amount each State received under section 

1124A for the preceding year and the sum of such amounts 

received by all the States. 

ø(2) MINIMUM.—For any fiscal year, no State shall be allotted under this subsection an amount that is less than the 

greater of— 

ø(A) one-half of 1 percent of the total amount allotted 

to all the States under this subsection; or 

ø(B) the amount such State received for fiscal year 

2001 under section 4111 as such section was in effect the 

day preceding the date of enactment of the No Child Left 

Behind Act of 2001. 

ø(3) REALLOTMENT.— 

ø(A) REALLOTMENT FOR FAILURE TO APPLY.—If any 

State does not apply for an allotment under this subpart 

for a fiscal year, the Secretary shall reallot the amount of 

the State’s allotment to the remaining States in accordance with this section. 

ø(B) REALLOTMENT OF UNUSED FUNDS.—The Secretary 

may reallot any amount of any allotment to a State if the 

Secretary determines that the State will be unable to use 

such amount within 2 years of such allotment. Such remstockstill on DSK4VPTVN1PROD with HEARINGS

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allotments shall be made on the same basis as allotments 

are made under paragraph (1). 

ø(4) DEFINITION.—In this section the term ‘‘State’’ means 

each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 

ø(c) LIMITATION.—Amounts appropriated under section 4003(2) 

for a fiscal year may not be increased above the amounts appropriated under such section for the previous fiscal year unless the 

amounts appropriated under section 4003(1) for the fiscal year involved are at least 10 percent greater that the amounts appropriated under such section 4003(1) for the previous fiscal year.¿ 

øSEC. 4112. ø20 U.S.C. 7112¿ RESERVATION OF STATE FUNDS FOR SAFE 

AND DRUG-FREE SCHOOLS. 

ø(a) STATE RESERVATION FOR THE CHIEF EXECUTIVE OFFICER

OF A STATE.— ø(1) IN GENERAL.—The chief executive officer of a State 

may reserve not more than 20 percent of the total amount allocated to a State under section 4111(b) for each fiscal year to 

award competitive grants and contracts to local educational 

agencies, community-based organizations (including community anti-drug coalitions) other public entities and private organizations, and consortia thereof. Such grants and contracts 

shall be used to carry out the comprehensive State plan described in section 4113(a) through programs or activities that 

complement and support activities of local educational agencies 

described in section 4115(b). Such officer shall award grants 

based on— 

ø(A) the quality of the program or activity proposed; 

and 

ø(B) how the program or activity meets the principles 

of effectiveness described in section 4115(a). 

ø(2) PRIORITY.—In making such grants and contracts 

under this section, a chief executive officer shall give priority 

to programs and activities that prevent illegal drug use and violence for— 

ø(A) children and youth who are not normally served 

by State educational agencies or local educational agencies; or 

ø(B) populations that need special services or additional resources (such as youth in juvenile detention facilities, runaway or homeless children and youth, pregnant 

and parenting teenagers, and school dropouts). 

ø(3) SPECIAL CONSIDERATION.—In awarding funds under 

paragraph (1), a chief executive officer shall give special consideration to grantees that pursue a comprehensive approach 

to drug and violence prevention that includes providing and incorporating mental health services related to drug and violence 

prevention in their program. 

ø(4) PEER REVIEW.—Grants or contracts awarded under 

this section shall be subject to a peer review process. 

ø(5) USE OF FUNDS.—Grants and contracts under this section shall be used to implement drug and violence prevention 

activities, including— 

ø(A) activities that complement and support local educational agency activities under section 4115, including demstockstill on DSK4VPTVN1PROD with HEARINGS

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veloping and implementing activities to prevent and reduce violence associated with prejudice and intolerance; 

ø(B) dissemination of information about drug and violence prevention; and 

ø(C) development and implementation of communitywide drug and violence prevention planning and organizing. 

ø(6) ADMINISTRATIVE COSTS.—The chief executive officer of 

a State may use not more than 3 percent of the amount described in paragraph (1) for the administrative costs incurred 

in carrying out the duties of such officer under this section. 

ø(b) IN STATE DISTRIBUTION.— 

ø(1) IN GENERAL.—A State educational agency shall distribute not less than 93 percent of the amount made available 

to the State under section 4111(b), less the amount reserved 

under subsection (a) of this section, to its local educational 

agencies. 

ø(2) STATE ADMINISTRATION COSTS.— ø(A) IN GENERAL.—A State educational agency may 

use not more than 3 percent of the amount made available 

to the State under section 4111(b) for each fiscal year less 

the amount reserved under subsection (a) of this section, 

for State educational agency administrative costs, including the implementation of the uniform management information and reporting system as provided for under subsection (c)(3). 

ø(B) ADDITIONAL AMOUNTS FOR THE UNIFORM MANAGE- MENT INFORMATION SYSTEM.—In the case of fiscal year 

2002, a State educational agency may, in addition to 

amounts provided for in subparagraph (A), use 1 percent 

of the amount made available to the State educational 

agency under section 4111(b) for each fiscal year less the 

amount reserved under subsection (a) of this section, for 

implementation of the uniform management information 

and reporting system as provided for under subsection 

(c)(3). 

ø(c) STATE ACTIVITIES.— ø(1) IN GENERAL.—A State educational agency may use not 

more than 5 percent of the amount made available to the State 

under section 4111(b) for each fiscal year less the amount reserved under subsection (a) of this section, for activities described in this subsection. 

ø(2) ACTIVITIES.—A State educational agency shall use the 

amounts described in paragraph (1), either directly, or through 

grants and contracts, to plan, develop, and implement capacity 

building, technical assistance and training, evaluation, program improvement services, and coordination activities for 

local educational agencies, community-based organizations, 

and other public and private entities. Such uses— 

ø(A) shall meet the principles of effectiveness described in section 4115(a); 

ø(B) shall complement and support local uses of funds 

under section 4115(b); 

ø(C) shall be in accordance with the purposes of this 

part; and 

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ø(D) may include, among others activities— 

ø(i) identification, development, evaluation, and 

dissemination of drug and violence prevention strategies, programs, activities, and other information; 

ø(ii) training, technical assistance, and demonstration projects to address violence that is associated 

with prejudice and intolerance; and 

ø(iii) financial assistance to enhance drug and violence prevention resources available in areas that 

serve large numbers of low-income children, are 

sparsely populated, or have other special needs. 

ø(3) UNIFORM MANAGEMENT INFORMATION AND REPORTING

SYSTEM.— 

ø(A) INFORMATION AND STATISTICS.—A State shall establish a uniform management information and reporting 

system. 

ø(B) USES OF FUNDS.—A State may use funds described in subparagraphs (A) and (B) of subsection (b)(2), 

either directly or through grants and contracts, to implement the uniform management information and reporting 

system described in subparagraph (A), for the collection of 

information on— 

ø(i) truancy rates; 

ø(ii) the frequency, seriousness, and incidence of 

violence and drug-related offenses resulting in suspensions and expulsions in elementary schools and secondary schools in the State; 

ø(iii) the types of curricula, programs, and services provided by the chief executive officer, the State 

educational agency, local educational agencies, and 

other recipients of funds under this subpart; and 

ø(iv) the incidence and prevalence, age of onset, 

perception of health risk, and perception of social disapproval of drug use and violence by youth in schools 

and communities. 

ø(C) COMPILATION OF STATISTICS.—In compiling the 

statistics required for the uniform management information and reporting system, the offenses described in subparagraph (B)(ii) shall be defined pursuant to the State’s 

criminal code, but shall not identify victims of crimes or 

persons accused of crimes. The collected data shall include 

incident reports by school officials, anonymous student 

surveys, and anonymous teacher surveys. 

ø(D) REPORTING.—The information described under 

subparagraph (B) shall be reported to the public and the 

data referenced in clauses (i) and (ii) of such subparagraph 

shall be reported to the State on a school-by-school basis. 

ø(E) LIMITATION.—Nothing in this subsection shall be 

construed to authorize the Secretary to require particular 

policies, procedures, or practices with respect to crimes 

committed on school property or school security.¿ 

øSEC. 4113. ø20 U.S.C. 7113¿ STATE APPLICATION. 

ø(a) IN GENERAL.—In order to receive an allotment under section 4111(b) for any fiscal year, a State shall submit to the Secmstockstill on DSK4VPTVN1PROD with HEARINGS

558 

retary, at such time as the Secretary may require, an application 

that— 

ø(1) contains a comprehensive plan for the use of funds by 

the State educational agency and the chief executive officer of 

the State to provide safe, orderly, and drug-free schools and 

communities through programs and activities that complement 

and support activities of local educational agencies under section 4115(b), that comply with the principles of effectiveness 

under section 4115(a), and that otherwise are in accordance 

with the purpose of this part; 

ø(2) describes how activities funded under this subpart 

will foster a safe and drug-free learning environment that supports academic achievement; 

ø(3) provides an assurance that the application was developed in consultation and coordination with appropriate State 

officials and others, including the chief executive officer, the 

chief State school officer, the head of the State alcohol and 

drug abuse agency, the heads of the State health and mental 

health agencies, the head of the State criminal justice planning 

agency, the head of the State child welfare agency, the head 

of the State board of education, or their designees, and representatives of parents, students, and community-based organizations; 

ø(4) describes how the State educational agency will coordinate such agency’s activities under this subpart with the 

chief executive officer’s drug and violence prevention programs 

under this subpart and with the prevention efforts of other 

State agencies and other programs, as appropriate, in accordance with the provisions in section 9306; 

ø(5) provides an assurance that funds reserved under section 4112(a) will not duplicate the efforts of the State educational agency and local educational agencies with regard to 

the provision of school-based drug and violence prevention activities and that those funds will be used to serve populations 

not normally served by the State educational agencies and 

local educational agencies and populations that need special 

services, such as school dropouts, suspended and expelled students, youth in detention centers, runaway or homeless children and youth, and pregnant and parenting youth; 

ø(6) provides an assurance that the State will cooperate 

with, and assist, the Secretary in conducting data collection as 

required by section 4122; 

ø(7) provides an assurance that the local educational agencies in the State will comply with the provisions of section 

9501 pertaining to the participation of private school children 

and teachers in the programs and activities under this subpart; 

ø(8) provides an assurance that funds under this subpart 

will be used to increase the level of State, local, and other nonFederal funds that would, in the absence of funds under this 

subpart, be made available for programs and activities authorized under this subpart, and in no case supplant such State, 

local, and other non-Federal funds; 

ø(9) contains the results of a needs assessment conducted 

by the State for drug and violence prevention programs, which 

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shall be based on ongoing State evaluation activities, including 

data on— 

ø(A) the incidence and prevalence of illegal drug use 

and violence among youth in schools and communities, including the age of onset, the perception of health risks, 

and the perception of social disapproval among such youth; 

ø(B) the prevalence of risk factors, including high or 

increasing rates of reported cases of child abuse or domestic violence; 

ø(C) the prevalence of protective factors, buffers, or assets; and 

ø(D) other variables in the school and community 

identified through scientifically based research; 

ø(10) provides a statement of the State’s performance 

measures for drug and violence prevention programs and activities to be funded under this subpart that will be focused on 

student behavior and attitudes, derived from the needs assessment described in paragraph (9), and be developed in consultation between the State and local officials, and that consist of— 

ø(A) performance indicators for drug and violence prevention programs and activities; and 

ø(B) levels of performance for each performance indicator; 

ø(11) describes the procedures the State will use for assessing and publicly reporting progress toward meeting the 

performance measures described in paragraph (10); 

ø(12) provides an assurance that the State application will 

be available for public review after submission of the application; 

ø(13) describes the special outreach activities that will be 

carried out by the State educational agency and the chief executive officer of the State to maximize the participation of community-based organizations of demonstrated effectiveness that 

provide services such as mentoring programs in low-income 

communities; 

ø(14) describes how funds will be used by the State educational agency and the chief executive officer of the State to 

support, develop, and implement community-wide comprehensive drug and violence prevention planning and organizing activities; 

ø(15) describes how input from parents will be sought regarding the use of funds by the State educational agency and 

the chief executive officer of the State; 

ø(16) describes how the State educational agency will review applications from local educational agencies, including 

how the agency will receive input from parents in such review; 

ø(17) describes how the State educational agency will monitor the implementation of activities under this subpart, and 

provide technical assistance for local educational agencies, 

community-based organizations, other public entities, and private organizations; 

ø(18) describes how the chief executive officer of the State 

will award funds under section 4112(a) and implement a plan 

for monitoring the performance of, and providing technical assistance to, recipients of such funds; and 

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ø(19) includes any other information the Secretary may require. 

ø(b) INTERIM APPLICATION.— ø(1) AUTHORITY.—Notwithstanding any other provision of 

this section, a State may submit for fiscal year 2002 a 1-year 

interim application and plan for the use of funds under this 

subpart that is consistent with the requirements of this section 

and contains such information as the Secretary may specify in 

regulations. 

ø(2) PURPOSE.—The purpose of such interim application 

and plan shall be to afford the State the opportunity to fully 

develop and review such State’s application and comprehensive 

plan otherwise required by this section. 

ø(3) EXCEPTION.—A State may not receive a grant under 

this subpart for a fiscal year after fiscal year 2002 unless the 

Secretary has approved such State’s application and comprehensive plan as described in subsection (a). 

ø(c) APPROVAL PROCESS.— ø(1) DEEMED APPROVAL.—An application submitted by a 

State pursuant to this section shall undergo peer review by the 

Secretary and shall be deemed to be approved by the Secretary 

unless the Secretary makes a written determination, prior to 

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

which the Secretary received the application, that the application is not in compliance with this subpart. 

ø(2) DISAPPROVAL.—The Secretary shall not finally disapprove the application, except after giving the State educational agency and the chief executive officer of the State notice and an opportunity for a hearing. 

ø(3) NOTIFICATION.—If the Secretary finds that the application is not in compliance, in whole or in part, with this subpart, the Secretary shall— 

ø(A) give the State educational agency and the chief 

executive officer of the State notice and an opportunity for 

a hearing; and 

ø(B) notify the State educational agency and the chief 

executive officer of the State of the finding of noncompliance, and in such notification, shall— 

ø(i) cite the specific provisions in the application 

that are not in compliance; and 

ø(ii) request additional information, only as to the 

noncompliant provisions, needed to make the application compliant. 

ø(4) RESPONSE.—If the State educational agency and the 

chief executive officer of the State respond to the Secretary’s 

notification described in paragraph (3)(B) during the 45-day period beginning on the date on which the agency received the 

notification, and resubmit the application with the requested 

information described in paragraph (3)(B)(ii), the Secretary 

shall approve or disapprove such application prior to the later 

of— 

ø(A) the expiration of the 45-day period beginning on 

the date on which the application is resubmitted; or 

ø(B) the expiration of the 120-day period described in 

paragraph (1). 

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ø(5) FAILURE TO RESPOND.—If the State educational agency 

and the chief executive officer of the State do not respond to 

the Secretary’s notification described in paragraph (3)(B) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed 

to be disapproved.¿ 

øSEC. 4114. ø20 U.S.C. 7114¿ LOCAL EDUCATIONAL AGENCY PROGRAM. 

ø(a) IN GENERAL.— ø(1) FUNDS TO LOCAL EDUCATIONAL AGENCIES.—A State 

shall provide the amount made available to the State under 

this subpart, less the amounts reserved under section 4112 to 

local educational agencies for drug and violence prevention and 

education programs and activities as follows: 

ø(A) 60 percent of such amount based on the relative 

amount such agencies received under part A of title I for 

the preceding fiscal year. 

ø(B) 40 percent of such amount based on the relative 

enrollments in public and private nonprofit elementary 

schools and secondary schools within the boundaries of 

such agencies. 

ø(2) ADMINISTRATIVE COSTS.—Of the amount received 

under paragraph (1), a local educational agency may use not 

more than 2 percent for the administrative costs of carrying 

out its responsibilities under this subpart. 

ø(3) RETURN OF FUNDS TO STATE; REALLOCATION.— ø(A) RETURN.—Except as provided in subparagraph 

(B), upon the expiration of the 1-year period beginning on 

the date on which a local educational agency receives its 

allocation under this subpart— 

ø(i) such agency shall return to the State educational agency any funds from such allocation that 

remain unobligated; and 

ø(ii) the State educational agency shall reallocate 

any such amount to local educational agencies that 

have submitted plans for using such amount for programs or activities on a timely basis. 

ø(B) CARRYOVER.—In any fiscal year, a local educational agency, may retain for obligation in the succeeding fiscal year— 

ø(i) an amount equal to not more than 25 percent 

of the allocation it received under this subpart for 

such fiscal year; or 

ø(ii) upon a demonstration of good cause by such 

agency and approval by the State educational agency, 

an amount that exceeds 25 percent of such allocation. 

ø(C) REALLOCATION.—If a local educational agency 

chooses not to apply to receive the amount allocated to 

such agency under this subsection, or if such agency’s application under subsection (d) is disapproved by the State 

educational agency, the State educational agency shall reallocate such amount to one or more of its other local educational agencies. 

ø(b) ELIGIBILITY.—To be eligible to receive a subgrant under 

this subpart, a local educational agency desiring a subgrant shall 

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ance with subsection (d). Such an application shall be amended, as 

necessary, to reflect changes in the activities and programs of the 

local educational agency. 

ø(c) DEVELOPMENT.— ø(1) CONSULTATION.— ø(A) IN GENERAL.—A local educational agency shall develop its application through timely and meaningful consultation with State and local government representatives, 

representatives of schools to be served (including private 

schools), teachers and other staff, parents, students, community-based organizations, and others with relevant and 

demonstrated expertise in drug and violence prevention activities (such as medical, mental health, and law enforcement professionals). 

ø(B) CONTINUED CONSULTATION.—On an ongoing 

basis, the local educational agency shall consult with such 

representatives and organizations in order to seek advice 

regarding how best to coordinate such agency’s activities 

under this subpart with other related strategies, programs, 

and activities being conducted in the community. 

ø(2) DESIGN AND DEVELOPMENT.—To ensure timely and 

meaningful consultation under paragraph (1), a local educational agency at the initial stages of design and development 

of a program or activity shall consult, in accordance with this 

subsection, with appropriate entities and persons on issues regarding the design and development of the program or activity, 

including efforts to meet the principles of effectiveness described in section 4115(a). 

ø(d) CONTENTS OF APPLICATIONS.—An application submitted by 

a local educational agency under this section shall contain— 

ø(1) an assurance that the activities or programs to be 

funded comply with the principles of effectiveness described in 

section 4115(a) and foster a safe and drug-free learning environment that supports academic achievement; 

ø(2) a detailed explanation of the local educational agency’s comprehensive plan for drug and violence prevention, including a description of— 

ø(A) how the plan will be coordinated with programs 

under this Act, and other Federal, State, and local programs for drug and violence prevention, in accordance with 

section 9306; 

ø(B) the local educational agency’s performance measures for drug and violence prevention programs and activities, that shall consist of— 

ø(i) performance indicators for drug and violence 

prevention programs and activities; including— 

ø(I) specific reductions in the prevalence of 

identified risk factors; and 

ø(II) specific increases in the prevalence of 

protective factors, buffers, or assets if any have 

been identified; and 

ø(ii) levels of performance for each performance 

indicator; 

ø(C) how such agency will assess and publicly report 

progress toward attaining its performance measures; 

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ø(D) the drug and violence prevention activity or program to be funded, including how the activity or program 

will meet the principles of effectiveness described in section 4115(a), and the means of evaluating such activity or 

program; and 

ø(E) how the services will be targeted to schools and 

students with the greatest need; 

ø(3) a description for how the results of the evaluations of 

the effectiveness of the program will be used to refine, improve, 

and strengthen the program; 

ø(4) an assurance that funds under this subpart will be 

used to increase the level of State, local, and other non-Federal 

funds that would, in the absence of funds under this subpart, 

be made available for programs and activities authorized under 

this subpart, and in no case supplant such State, local, and 

other non-Federal funds; 

ø(5) a description of the mechanisms used to provide effective notice to the community of an intention to submit an application under this subpart; 

ø(6) an assurance that drug and violence prevention programs supported under this subpart convey a clear and consistent message that acts of violence and the illegal use of 

drugs are wrong and harmful; 

ø(7) an assurance that the applicant has, or the schools to 

be served have, a plan for keeping schools safe and drug-free 

that includes— 

ø(A) appropriate and effective school discipline policies 

that prohibit disorderly conduct, the illegal possession of 

weapons, and the illegal use, possession, distribution, and 

sale of tobacco, alcohol, and other drugs by students; 

ø(B) security procedures at school and while students 

are on the way to and from school; 

ø(C) prevention activities that are designed to create 

and maintain safe, disciplined, and drug-free environments; 

ø(D) a crisis management plan for responding to violent or traumatic incidents on school grounds; and 

ø(E) a code of conduct policy for all students that 

clearly states the responsibilities of students, teachers, and 

administrators in maintaining a classroom environment 

that— 

ø(i) allows a teacher to communicate effectively 

with all students in the class; 

ø(ii) allows all students in the class to learn; 

ø(iii) has consequences that are fair, and developmentally appropriate; 

ø(iv) considers the student and the circumstances 

of the situation; and 

ø(v) is enforced accordingly; 

ø(8) an assurance that the application and any waiver request under section 4115(a)(3) will be available for public review after submission of the application; and 

ø(9) such other assurances, goals, and objectives identified 

through scientifically based research that the State may reasonably require in accordance with the purpose of this part. 

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ø(e) REVIEW OF APPLICATION.— ø(1) IN GENERAL.—In reviewing local applications under 

this section, a State educational agency shall use a peer review 

process or other methods of assuring the quality of such applications. 

ø(2) CONSIDERATIONS.—In determining whether to approve 

the application of a local educational agency under this section, 

a State educational agency shall consider the quality of application and the extent to which the application meets the principles of effectiveness described in section 4115(a). 

ø(f) APPROVAL PROCESS.— ø(1) DEEMED APPROVAL.—An application submitted by a 

local educational agency pursuant to this section shall be 

deemed to be approved by the State educational agency unless 

the State educational agency makes a written determination, 

prior to the expiration of the 120-day period beginning on the 

date on which the State educational agency received the application, that the application is not in compliance with this subpart. 

ø(2) DISAPPROVAL.—The State educational agency shall not 

finally disapprove the application, except after giving the local 

educational agency notice and opportunity for a hearing. 

ø(3) NOTIFICATION.—If the State educational agency finds 

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

with this subpart, the State educational agency shall— 

ø(A) give the local educational agency notice and an 

opportunity for a hearing; and 

ø(B) notify the local educational agency of the finding 

of noncompliance, and in such notification, shall— 

ø(i) cite the specific provisions in the application 

that are not in compliance; and 

ø(ii) request additional information, only as to the 

noncompliant provisions, needed to make the application compliant. 

ø(4) RESPONSE.—If the local educational agency responds 

to the State educational agency’s notification described in paragraph (3)(B) during the 45-day period beginning on the date on 

which the agency received the notification, and resubmits the 

application with the requested information described in paragraph (3)(B)(ii), the State educational agency shall approve or 

disapprove such application prior to the later of— 

ø(A) the expiration of the 45-day period beginning on 

the date on which the application is resubmitted; or 

ø(B) the expiration of the 120-day period described in 

paragraph (1). 

ø(5) FAILURE TO RESPOND.—If the local educational agency 

does not respond to the State educational agency’s notification 

described in paragraph (3)(B) during the 45-day period beginning on the date on which the agency received the notification, 

such application shall be deemed to be disapproved.¿ 

øSEC. 4115. ø20 U.S.C. 7115¿ AUTHORIZED ACTIVITIES. 

ø(a) PRINCIPLES OF EFFECTIVENESS.— 

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

pursuant to this subpart to meet the principles of effectiveness, 

such program or activity shall— 

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ø(A) be based on an assessment of objective data regarding the incidence of violence and illegal drug use in 

the elementary schools and secondary schools and communities to be served, including an objective analysis of the 

current conditions and consequences regarding violence 

and illegal drug use, including delinquency and serious 

discipline problems, among students who attend such 

schools (including private school students who participate 

in the drug and violence prevention program) that is based 

on ongoing local assessment or evaluation activities; 

ø(B) be based on an established set of performance 

measures aimed at ensuring that the elementary schools 

and secondary schools and communities to be served by 

the program have a safe, orderly, and drug-free learning 

environment; 

ø(C) be based on scientifically based research that provides evidence that the program to be used will reduce violence and illegal drug use; 

ø(D) be based on an analysis of the data reasonably 

available at the time, of the prevalence of risk factors, including high or increasing rates of reported cases of child 

abuse and domestic violence; protective factors, buffers, assets; or other variables in schools and communities in the 

State identified through scientifically based research; and 

ø(E) include meaningful and ongoing consultation with 

and input from parents in the development of the application and administration of the program or activity. 

ø(2) PERIODIC EVALUATION.— ø(A) REQUIREMENT.—The program or activity shall undergo a periodic evaluation to assess its progress toward 

reducing violence and illegal drug use in schools to be 

served based on performance measures described in section 4114(d)(2)(B). 

ø(B) USE OF RESULTS.—The results shall be used to refine, improve, and strengthen the program, and to refine 

the performance measures, and shall also be made available to the public upon request, with public notice of such 

availability provided. 

ø(3) WAIVER.—A local educational agency may apply to the 

State for a waiver of the requirement of subsection (a)(1)(C) to 

allow innovative activities or programs that demonstrate substantial likelihood of success. 

ø(b) LOCAL EDUCATIONAL AGENCY ACTIVITIES.— 

ø(1) PROGRAM REQUIREMENTS.—A local educational agency 

shall use funds made available under section 4114 to develop, 

implement, and evaluate comprehensive programs and activities, which are coordinated with other school and communitybased services and programs, that shall— 

ø(A) foster a safe and drug-free learning environment 

that supports academic achievement; 

ø(B) be consistent with the principles of effectiveness 

described in subsection (a)(1); 

ø(C) be designed to— 

ø(i) prevent or reduce violence; the use, possession 

and distribution of illegal drugs; and delinquency; and 

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ø(ii) create a well disciplined environment conducive to learning, which includes consultation between 

teachers, principals, and other school personnel to 

identify early warning signs of drug use and violence 

and to provide behavioral interventions as part of 

classroom management efforts; and 

ø(D) include activities to— 

ø(i) promote the involvement of parents in the activity or program; 

ø(ii) promote coordination with community groups 

and coalitions, and government agencies; and 

ø(iii) distribute information about the local educational agency’s needs, goals, and programs under 

this subpart. 

ø(2) AUTHORIZED ACTIVITIES.—Each local educational agency, or consortium of such agencies, that receives a subgrant 

under this subpart may use such funds to carry out activities 

that comply with the principles of effectiveness described in 

subsection (a), such as the following: 

ø(A) Age appropriate and developmentally based activities that— 

ø(i) address the consequences of violence and the 

illegal use of drugs, as appropriate; 

ø(ii) promote a sense of individual responsibility; 

ø(iii) teach students that most people do not illegally use drugs; 

ø(iv) teach students to recognize social and peer 

pressure to use drugs illegally and the skills for resisting illegal drug use; 

ø(v) teach students about the dangers of emerging 

drugs; 

ø(vi) engage students in the learning process; and 

ø(vii) incorporate activities in secondary schools 

that reinforce prevention activities implemented in elementary schools. 

ø(B) Activities that involve families, community sectors (which may include appropriately trained seniors), 

and a variety of drug and violence prevention providers in 

setting clear expectations against violence and illegal use 

of drugs and appropriate consequences for violence and illegal use of drugs. 

ø(C) Dissemination of drug and violence prevention information to schools and the community. 

ø(D) Professional development and training for, and 

involvement of, school personnel, pupil services personnel, 

parents, and interested community members in prevention, education, early identification and intervention, mentoring, or rehabilitation referral, as related to drug and violence prevention. 

ø(E) Drug and violence prevention activities that may 

include the following: 

ø(i) Community-wide planning and organizing activities to reduce violence and illegal drug use, which 

may include gang activity prevention. 

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ø(ii) Acquiring and installing metal detectors, electronic locks, surveillance cameras, or other related 

equipment and technologies. 

ø(iii) Reporting criminal offenses committed on 

school property. 

ø(iv) Developing and implementing comprehensive 

school security plans or obtaining technical assistance 

concerning such plans, which may include obtaining a 

security assessment or assistance from the School Security and Technology Resource Center at the Sandia 

National Laboratory located in Albuquerque, New 

Mexico. 

ø(v) Supporting safe zones of passage activities 

that ensure that students travel safely to and from 

school, which may include bicycle and pedestrian safety programs. 

ø(vi) The hiring and mandatory training, based on 

scientific research, of school security personnel (including school resource officers) who interact with students in support of youth drug and violence prevention 

activities under this part that are implemented in the 

school. 

ø(vii) Expanded and improved school-based mental health services related to illegal drug use and violence, including early identification of violence and illegal drug use, assessment, and direct or group counseling services provided to students, parents, families, 

and school personnel by qualified school-based mental 

health service providers. 

ø(viii) Conflict resolution programs, including peer 

mediation programs that educate and train peer mediators and a designated faculty supervisor, and youth 

anti-crime and anti-drug councils and activities. 

ø(ix) Alternative education programs or services 

for violent or drug abusing students that reduce the 

need for suspension or expulsion or that serve students who have been suspended or expelled from the 

regular educational settings, including programs or 

services to assist students to make continued progress 

toward meeting the State academic achievement 

standards and to reenter the regular education setting. 

ø(x) Counseling, mentoring, referral services, and 

other student assistance practices and programs, including assistance provided by qualified school-based 

mental health services providers and the training of 

teachers by school-based mental health services providers in appropriate identification and intervention 

techniques for students at risk of violent behavior and 

illegal use of drugs. 

ø(xi) Programs that encourage students to seek 

advice from, and to confide in, a trusted adult regarding concerns about violence and illegal drug use. 

ø(xii) Drug and violence prevention activities designed to reduce truancy. 

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ø(xiii) Age-appropriate, developmentally-based violence prevention and education programs that address 

victimization associated with prejudice and intolerance, and that include activities designed to help students develop a sense of individual responsibility and 

respect for the rights of others, and to resolve conflicts 

without violence. 

ø(xiv) Consistent with the fourth amendment to 

the Constitution of the United States, the testing of a 

student for illegal drug use or the inspecting of a student’s locker for weapons or illegal drugs or drug paraphernalia, including at the request of or with the consent of a parent or legal guardian of the student, if the 

local educational agency elects to so test or inspect. 

ø(xv) Emergency intervention services following 

traumatic crisis events, such as a shooting, major accident, or a drug-related incident that have disrupted 

the learning environment. 

ø(xvi) Establishing or implementing a system for 

transferring suspension and expulsion records, consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g), by a local educational 

agency to any public or private elementary school or 

secondary school. 

ø(xvii) Developing and implementing character 

education programs, as a component of drug and violence prevention programs, that take into account the 

views of parents of the students for whom the program 

is intended and such students, such as a program described in subpart 3 of part D of title V. 

ø(xviii) Establishing and maintaining a school 

safety hotline. 

ø(xix) Community service, including community 

service performed by expelled students, and servicelearning projects. 

ø(xx) Conducting a nationwide background check 

of each local educational agency employee, regardless 

of when hired, and prospective employees for the purpose of determining whether the employee or prospective employee has been convicted of a crime that bears 

upon the employee’s fitness— 

ø(I) to be responsible for the safety or wellbeing of children; 

ø(II) to serve in the particular capacity in 

which the employee or prospective employee is or 

will be employed; or 

ø(III) to otherwise be employed by the local 

educational agency. 

ø(xxi) Programs to train school personnel to identify warning signs of youth suicide and to create an action plan to help youth at risk of suicide. 

ø(xxii) Programs that respond to the needs of students who are faced with domestic violence or child 

abuse. 

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ø(F) The evaluation of any of the activities authorized 

under this subsection and the collection of objective data 

used to assess program needs, program implementation, or 

program success in achieving program goals and objectives. 

ø(c) LIMITATION.— ø(1) IN GENERAL.—Except as provided in paragraph (2), 

not more than 40 percent of the funds available to a local educational agency under this subpart may be used to carry out 

the activities described in clauses (ii) through (vi) of subsection 

(b)(2)(E), of which not more than 50 percent of such amount 

may be used to carry out the activities described in clauses (ii) 

through (v) of such subsection. 

ø(2) EXCEPTION.—A local educational agency may use 

funds under this subpart for activities described in clauses (ii) 

through (v) of subsection (b)(2)(E) only if funding for these activities is not received from other Federal agencies. 

ø(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to prohibit the use of funds under this subpart by any 

local educational agency or school for the establishment or implementation of a school uniform policy if such policy is part of the 

overall comprehensive drug and violence prevention plan of the 

State involved and is supported by the State’s needs assessment 

and other scientifically based research information.¿ 

øSEC. 4116. ø20 U.S.C. 7116¿ REPORTING. 

ø(a) STATE REPORT.— ø(1) IN GENERAL.—By December 1, 2003, and every 2 years 

thereafter, the chief executive officer of the State, in cooperation with the State educational agency, shall submit to the Secretary a report— 

ø(A) on the implementation and outcomes of State programs under section 4112(a)(1) and section 4112(c) and 

local educational agency programs under section 4115(b), 

as well as an assessment of their effectiveness; 

ø(B) on the State’s progress toward attaining its performance measures for drug and violence prevention under 

section 4113(a)(10); and 

ø(C) on the State’s efforts to inform parents of, and include parents in, violence and drug prevention efforts. 

ø(2) SPECIAL RULE.—The report required by this subsection 

shall be— 

ø(A) in the form specified by the Secretary; 

ø(B) based on the State’s ongoing evaluation activities, 

and shall include data on the incidence and prevalence, 

age of onset, perception of health risk, and perception of 

social disapproval of drug use and violence by youth in 

schools and communities; and 

ø(C) made readily available to the public. 

ø(b) LOCAL EDUCATIONAL AGENCY REPORT.— 

ø(1) IN GENERAL.—Each local educational agency receiving 

funds under this subpart shall submit to the State educational 

agency such information that the State requires to complete 

the State report required by subsection (a), including a description of how parents were informed of, and participated in, violence and drug prevention efforts. 

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ø(2) AVAILABILITY.—Information under paragraph (1) shall 

be made readily available to the public. 

ø(3) PROVISION OF DOCUMENTATION.—Not later than January 1 of each year that a State is required to report under subsection (a), the Secretary shall provide to the State educational 

agency all of the necessary documentation required for compliance with this section.¿ 

øSEC. 4117. ø20 U.S.C. 7117¿ PROGRAMS FOR NATIVE HAWAIIANS. 

ø(a) GENERAL AUTHORITY.—From the funds made available 

pursuant to section 4111(a)(1)(C) to carry out this section, the Secretary shall make grants to or enter into cooperative agreements 

or contracts with organizations primarily serving and representing 

Native Hawaiians for the benefit of Native Hawaiians to plan, conduct, and administer programs, or portions thereof, that are authorized by and consistent with the provisions of this subpart. 

ø(b) DEFINITION OF NATIVE HAWAIIAN.—For the purposes of 

this section, the term ‘‘Native Hawaiian’’ means any individual any 

of whose ancestors were natives, prior to 1778, of the area which 

now comprises the State of Hawaii.¿ 

øSubpart 2—National Programs¿ 

øSEC. 4121. ø20 U.S.C. 7131¿ FEDERAL ACTIVITIES. 

ø(a) PROGRAM AUTHORIZED.—From funds made available to 

carry out this subpart under section 4003(2), the Secretary, in consultation with the Secretary of Health and Human Services, the Director of the Office of National Drug Control Policy, and the Attorney General, shall carry out programs to prevent the illegal use of 

drugs and violence among, and promote safety and discipline for, 

students. The Secretary shall carry out such programs directly, or 

through grants, contracts, or cooperative agreements with public 

and private entities and individuals, or through agreements with 

other Federal agencies, and shall coordinate such programs with 

other appropriate Federal activities. Such programs may include— 

ø(1) the development and demonstration of innovative 

strategies for the training of school personnel, parents, and 

members of the community for drug and violence prevention 

activities based on State and local needs; 

ø(2) the development, demonstration, scientifically based 

evaluation, and dissemination of innovative and high quality 

drug and violence prevention programs and activities, based on 

State and local needs, which may include— 

ø(A) alternative education models, either established 

within a school or separate and apart from an existing 

school, that are designed to promote drug and violence prevention, reduce disruptive behavior, reduce the need for repeat suspensions and expulsions, enable students to meet 

challenging State academic standards, and enable students 

to return to the regular classroom as soon as possible; 

ø(B) community service and service-learning projects, 

designed to rebuild safe and healthy neighborhoods and increase students’ sense of individual responsibility; 

ø(C) video-based projects developed by noncommercial 

telecommunications entities that provide young people 

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with models for conflict resolution and responsible decisionmaking; and 

ø(D) child abuse education and prevention programs 

for elementary and secondary students; 

ø(3) the provision of information on drug abuse education 

and prevention to the Secretary of Health and Human Services 

for dissemination; 

ø(4) the provision of information on violence prevention 

and education and school safety to the Department of Justice 

for dissemination; 

ø(5) technical assistance to chief executive officers, State 

agencies, local educational agencies, and other recipients of 

funding under this part to build capacity to develop and implement high-quality, effective drug and violence prevention programs consistent with the principles of effectiveness in section 

4115(a); 

ø(6) assistance to school systems that have particularly severe drug and violence problems, including hiring drug prevention and school safety coordinators, or assistance to support appropriate response efforts to crisis situations; 

ø(7) the development of education and training programs, 

curricula, instructional materials, and professional training 

and development for preventing and reducing the incidence of 

crimes and conflicts motivated by hate in localities most directly affected by hate crimes; 

ø(8) activities in communities designated as empowerment 

zones or enterprise communities that will connect schools to 

community-wide efforts to reduce drug and violence problems; 

and 

ø(9) other activities in accordance with the purpose of this 

part, based on State and local needs. 

ø(b) PEER REVIEW.—The Secretary shall use a peer review 

process in reviewing applications for funds under this section.¿ 

øSEC. 4122. ø20 U.S.C. 7132¿ IMPACT EVALUATION. 

ø(a) BIENNIAL EVALUATION.—The Secretary, in consultation 

with the Safe and Drug-Free Schools and Communities Advisory 

Committee described in section 4124, shall conduct an independent 

biennial evaluation of the impact of programs assisted under this 

subpart and of other recent and new initiatives to combat violence 

and illegal drug use in schools. The evaluation shall report on 

whether community and local educational agency programs funded 

under this subpart— 

ø(1) comply with the principles of effectiveness described 

in section 4115(a); 

ø(2) have appreciably reduced the level of illegal drug, alcohol, and tobacco use, and school violence and the illegal presence of weapons at schools; and 

ø(3) have conducted effective parent involvement and 

training programs. 

ø(b) DATA COLLECTION.—The National Center for Education 

Statistics shall collect data, that is subject to independent review, 

to determine the incidence and prevalence of illegal drug use and 

violence in elementary schools and secondary schools in the States. 

The collected data shall include incident reports by schools officials, 

anonymous student surveys, and anonymous teacher surveys. 

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ø(c) BIENNIAL REPORT.—Not later than January 1, 2003, and 

every 2 years thereafter, the Secretary shall submit to the President and Congress a report on the findings of the evaluation conducted under subsection (a) together with the data collected under 

subsection (b) and data available from other sources on the incidence and prevalence, age of onset, perception of health risk, and 

perception of social disapproval of drug use and violence in elementary schools and secondary schools in the States. The Secretary 

shall include data submitted by the States pursuant to subsection 

4116(a).¿ 

øSEC. 4123. ø20 U.S.C. 7133¿ HATE CRIME PREVENTION. 

ø(a) GRANT AUTHORIZATION.—From funds made available to 

carry out this subpart under section 4003(2) the Secretary may 

make grants to local educational agencies and community-based organizations for the purpose of providing assistance to localities 

most directly affected by hate crimes. 

ø(b) USE OF FUNDS.— 

ø(1) PROGRAM DEVELOPMENT.—Grants under this section 

may be used to improve elementary and secondary educational 

efforts, including— 

ø(A) development of education and training programs 

designed to prevent and to reduce the incidence of crimes 

and conflicts motivated by hate; 

ø(B) development of curricula for the purpose of improving conflict or dispute resolution skills of students, 

teachers, and administrators; 

ø(C) development and acquisition of equipment and instructional materials to meet the needs of, or otherwise be 

part of, hate crime or conflict programs; and 

ø(D) professional training and development for teachers and administrators on the causes, effects, and resolutions of hate crimes or hate-based conflicts. 

ø(2) APPLICATION.—In order to be eligible to receive a 

grant under this section for any fiscal year, a local educational 

agency, or a local educational agency in conjunction with a 

community-based organization, shall submit an application to 

the Secretary in such form and containing such information as 

the Secretary may reasonably require. 

ø(3) REQUIREMENTS.—Each application under paragraph 

(2) shall include— 

ø(A) a request for funds for the purpose described in 

this section; 

ø(B) a description of the schools and communities to 

be served by the grants; and 

ø(C) assurances that Federal funds received under this 

section shall be used to supplement, and not supplant, 

non-Federal funds. 

ø(4) COMPREHENSIVE PLAN.—Each application shall include 

a comprehensive plan that contains— 

ø(A) a description of the hate crime or conflict problems within the schools or the community targeted for assistance; 

ø(B) a description of the program to be developed or 

augmented by such Federal and matching funds; 

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ø(C) assurances that such program or activity shall be 

administered by or under the supervision of the applicant; 

ø(D) procedures for the proper and efficient administration of such program; and 

ø(E) fiscal control and fund accounting procedures as 

may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this 

section. 

ø(c) AWARD OF GRANTS.— ø(1) SELECTION OF RECIPIENTS.—The Secretary shall consider the incidence of crimes and conflicts motivated by bias in 

the targeted schools and communities in awarding grants 

under this section. 

ø(2) GEOGRAPHIC DISTRIBUTION.—The Secretary shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards. 

ø(3) DISSEMINATION OF INFORMATION.—The Secretary shall 

attempt, to the extent practicable, to make available information regarding successful hate crime prevention programs, including programs established or expanded with grants under 

this section. 

ø(d) REPORTS.—The Secretary shall submit to Congress a report every 2 years that shall contain a detailed statement regarding grants and awards, activities of grant recipients, and an evaluation of programs established under this section.¿ 

øSEC. 4124. ø20 U.S.C. 7134¿ SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ADVISORY COMMITTEE. 

ø(a) ESTABLISHMENT.— ø(1) IN GENERAL.—There is hereby established an advisory 

committee to be known as the ‘‘Safe and Drug Free Schools 

and Communities Advisory Committee’’ (referred to in this section as the ‘‘Advisory Committee’’) to— 

ø(A) consult with the Secretary under subsection (b); 

ø(B) coordinate Federal school- and community-based 

substance abuse and violence prevention programs and reduce duplicative research or services; 

ø(C) develop core data sets and evaluation protocols 

for safe and drug-free school- and community-based programs; 

ø(D) provide technical assistance and training for safe 

and drug-free school- and community-based programs; 

ø(E) provide for the diffusion of scientifically based research to safe and drug-free school- and community-based 

programs; and 

ø(F) review other regulations and standards developed 

under this title. 

ø(2) COMPOSITION.—The Advisory Committee shall be composed of representatives from— 

ø(A) the Department of Education; 

ø(B) the Centers for Disease Control and Prevention; 

ø(C) the National Institute on Drug Abuse; 

ø(D) the National Institute on Alcoholism and Alcohol 

Abuse; 

ø(E) the Center for Substance Abuse Prevention; 

ø(F) the Center for Mental Health Services; 

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ø(G) the Office of Juvenile Justice and Delinquency 

Prevention; 

ø(H) the Office of National Drug Control Policy; 

ø(I) State and local governments, including education 

agencies; and 

ø(J) researchers and expert practitioners. 

ø(3) CONSULTATION.—In carrying out its duties under this 

section, the Advisory Committee shall annually consult with 

interested State and local coordinators of school- and community-based substance abuse and violence prevention programs 

and other interested groups. 

ø(b) PROGRAMS.— 

ø(1) IN GENERAL.—From amounts made available under 

section 4003(2) to carry out this subpart, the Secretary, in consultation with the Advisory Committee, shall carry out scientifically based research programs to strengthen the accountability 

and effectiveness of the State, chief executive officer’s, and national programs under this part. 

ø(2) GRANTS, CONTRACTS OR COOPERATIVE AGREEMENTS.— 

The Secretary shall carry out paragraph (1) directly or through 

grants, contracts, or cooperative agreements with public and 

private entities and individuals or through agreements with 

other Federal agencies. 

ø(3) COORDINATION.—The Secretary shall coordinate programs under this section with other appropriate Federal activities. 

ø(4) ACTIVITIES.—Activities that may be carried out under 

programs funded under this section may include— 

ø(A) the provision of technical assistance and training, 

in collaboration with other Federal agencies utilizing their 

expertise and national and regional training systems, for 

Governors, State educational agencies and local educational agencies to support high quality, effective programs that— 

ø(i) provide a thorough assessment of the substance abuse and violence problem; 

ø(ii) utilize objective data and the knowledge of a 

wide range of community members; 

ø(iii) develop measurable goals and objectives; and 

ø(iv) implement scientifically based research activities that have been shown to be effective and that 

meet identified needs; 

ø(B) the provision of technical assistance and training 

to foster program accountability; 

ø(C) the diffusion and dissemination of best practices 

and programs; 

ø(D) the development of core data sets and evaluation 

tools; 

ø(E) program evaluations; 

ø(F) the provision of information on drug abuse education and prevention to the Secretary of Health and 

Human Services for dissemination by the clearinghouse for 

alcohol and drug abuse information established under section 501(d)(16) of the Public Health Service Act; and 

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ø(G) other activities that meet unmet needs related to 

the purpose of this part and that are undertaken in consultation with the Advisory Committee.¿ 

øSEC. 4125. ø20 U.S.C. 7135¿ NATIONAL COORDINATOR PROGRAM. 

ø(a) IN GENERAL.—From funds made available to carry out this 

subpart under section 4003(2), the Secretary may provide for the 

establishment of a National Coordinator Program under which the 

Secretary shall award grants to local educational agencies for the 

hiring of drug prevention and school safety program coordinators. 

ø(b) USE OF FUNDS.—Amounts received under a grant under 

subsection (a) shall be used by local educational agencies to recruit, 

hire, and train individuals to serve as drug prevention and school 

safety program coordinators in schools with significant drug and 

school safety problems. Such coordinators shall be responsible for 

developing, conducting, and analyzing assessments of drug and 

crime problems at their schools, and administering the safe and 

drug-free grant program at such schools.¿ 

øSEC. 4126. ø20 U.S.C. 7136¿ COMMUNITY SERVICE GRANT PROGRAM. 

ø(a) IN GENERAL.—From funds made available to carry out this 

subpart under section 4003(2), the Secretary may make grants to 

States to carry out programs under which students expelled or suspended from school are required to perform community service. 

ø(b) ALLOCATION.—From the amount described in subsection 

(a), the Secretary shall allocate among the States— 

ø(1) one-half according to the ratio between the schoolaged population of each State and the school-aged population 

of all the States; and 

ø(2) one-half according to the ratio between the amount 

each State received under section 1124A for the preceding year 

and the sum of such amounts received by all the States. 

ø(c) MINIMUM.—For any fiscal year, no State shall be allotted 

under this section an amount that is less than one-half of 1 percent 

of the total amount allotted to all the States under this section. 

ø(d) REALLOTMENT.—The Secretary may reallot any amount of 

any allotment to a State if the Secretary determines that the State 

will be unable to use such amount within 2 years of such allotment. Such reallotments shall be made on the same basis as allotments are made under subsection (b). 

ø(e) DEFINITION.—In this section, the term ‘‘State’’ means each 

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

of Puerto Rico.¿ 

øSEC. 4127. ø20 U.S.C. 7137¿ SCHOOL SECURITY TECHNOLOGY AND RESOURCE CENTER. 

ø(a) CENTER.—From funds made available to carry out this 

subpart under section 4003(2), the Secretary, the Attorney General, 

and the Secretary of Energy may enter into an agreement for the 

establishment at the Sandia National Laboratories, in partnership 

with the National Law Enforcement and Corrections Technology 

Center—Southeast and the National Center for Rural Law Enforcement in Little Rock, Arkansas, of a center to be known as the 

‘‘School Security Technology and Resource Center’’ (hereafter in 

this section ‘‘the Center’’). 

ø(b) ADMINISTRATION.—The Center established under subsection (a) shall be administered by the Attorney General. 

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ø(c) FUNCTIONS.—The center established under subsection (a) 

shall be a resource to local educational agencies for school security 

assessments, security technology development, evaluation and implementation, and technical assistance relating to improving school 

security. The Center will also conduct and publish school violence 

research, coalesce data from victim communities, and monitor and 

report on schools that implement school security strategies.¿ 

øSEC. 4128. ø20 U.S.C. 7138¿ NATIONAL CENTER FOR SCHOOL AND 

YOUTH SAFETY. 

ø(a) ESTABLISHMENT.—From funds made available to carry out 

this subpart under section 4003(2), the Secretary of Education and 

the Attorney General may jointly establish a National Center for 

School and Youth Safety (in this section referred to as the ‘‘Center’’). The Secretary of Education and the Attorney General may establish the Center at an existing facility, if the facility has a history of performing two or more of the duties described in subsection 

(b). The Secretary of Education and the Attorney General shall 

jointly appoint a Director of the Center to oversee the operation of 

the Center. 

ø(b) DUTIES.—The Center shall carry out emergency response, 

anonymous student hotline, consultation, and information and outreach activities with respect to elementary and secondary school 

safety, including the following: 

ø(1) EMERGENCY RESPONSE.—The staff of the Center, and 

such temporary contract employees as the Director of the Center shall determine necessary, shall offer emergency assistance 

to local communities to respond to school safety crises. Such 

assistance shall include counseling for victims and the community, assistance to law enforcement to address short-term security concerns, and advice on how to enhance school safety, prevent future incidents, and respond to future incidents. 

ø(2) ANONYMOUS STUDENT HOTLINE.—The Center shall establish a toll-free telephone number for students to report 

criminal activity, threats of criminal activity, and other highrisk behaviors such as substance abuse, gang or cult affiliation, 

depression, or other warning signs of potentially violent behavior. The Center shall relay the reports, without attribution, to 

local law enforcement or appropriate school hotlines. The Director of the Center shall work with the Attorney General to 

establish guidelines for Center staff to work with law enforcement around the Nation to relay information reported through 

the hotline. 

ø(3) CONSULTATION.—The Center shall establish a toll-free 

number for the public to contact staff of the Center for consultation regarding school safety. The Director of the Center 

shall hire administrative staff and individuals with expertise 

in enhancing school safety, including individuals with backgrounds in counseling and psychology, education, law enforcement and criminal justice, and community development to assist in the consultation. 

ø(4) INFORMATION AND OUTREACH.—The Center shall compile information about the best practices in school violence prevention, intervention, and crisis management, and shall serve 

as a clearinghouse for model school safety program information. The staff of the Center shall work to ensure local governmstockstill on DSK4VPTVN1PROD with HEARINGS

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ments, school officials, parents, students, and law enforcement 

officials and agencies are aware of the resources, grants, and 

expertise available to enhance school safety and prevent school 

crime. The staff of the Center shall give special attention to 

providing outreach to rural and impoverished communities.¿ 

øSEC. 4129. ø20 U.S.C. 7139¿ GRANTS TO REDUCE ALCOHOL ABUSE. 

ø(a) IN GENERAL.—The Secretary, in consultation with the Administrator of the Substance Abuse and Mental Health Services 

Administration, may award grants from funds made available to 

carry out this subpart under section 4003(2), on a competitive 

basis, to local educational agencies to enable such agencies to develop and implement innovative and effective programs to reduce 

alcohol abuse in secondary schools. 

ø(b) ELIGIBILITY.—To be eligible to receive a grant under subsection (a), a local educational agency shall prepare and submit to 

the Secretary an application at such time, in such manner, and 

containing such information as the Secretary may require, including— 

ø(1) a description of the activities to be carried out under 

the grant; 

ø(2) an assurance that such activities will include one or 

more of the proven strategies for reducing underage alcohol 

abuse as determined by the Substance Abuse and Mental 

Health Services Administration; 

ø(3) an explanation of how activities to be carried out 

under the grant that are not described in paragraph (2) will be 

effective in reducing underage alcohol abuse, including references to the past effectiveness of such activities; 

ø(4) an assurance that the applicant will submit to the 

Secretary an annual report concerning the effectiveness of the 

programs and activities funded under the grant; and 

ø(5) such other information as the Secretary determines 

appropriate. 

ø(c) STREAMLINING OF PROCESS FOR LOW-INCOME AND RURAL

LEAS.—The Secretary, in consultation with the Administrator of 

the Substance Abuse and Mental Health Services Administration, 

shall develop procedures to make the application process for grants 

under this section more user-friendly, particularly for low-income 

and rural local educational agencies. 

ø(d) RESERVATIONS.— 

ø(1) SAMHSA.—The Secretary may reserve 20 percent of 

any amount used to carry out this section to enable the Administrator of the Substance Abuse and Mental Health Services 

Administration to provide alcohol abuse resources and start-up 

assistance to local educational agencies receiving grants under 

this section. 

ø(2) LOW-INCOME AND RURAL AREAS.—The Secretary may 

reserve 25 percent of any amount used to carry out this section 

to award grants to low-income and rural local educational 

agencies.¿ 

øSEC. 4130. ø20 U.S.C. 7140¿ MENTORING PROGRAMS. 

ø(a) PURPOSE; DEFINITIONS.— 

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ø(1) PURPOSE.—The purpose of this section is to make assistance available to promote mentoring programs for children 

with greatest need— 

ø(A) to assist such children in receiving support and 

guidance from a mentor; 

ø(B) to improve the academic achievement of such 

children; 

ø(C) to improve interpersonal relationships between 

such children and their peers, teachers, other adults, and 

family members; 

ø(D) to reduce the dropout rate of such children; and 

ø(E) to reduce juvenile delinquency and involvement 

in gangs by such children. 

ø(2) DEFINITIONS.—In this part: 

ø(A) CHILD WITH GREATEST NEED.—The term ‘‘child 

with greatest need’’ means a child who is at risk of educational failure, dropping out of school, or involvement in 

criminal or delinquent activities, or who lacks strong positive role models. 

ø(B) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ 

means— 

ø(i) a local educational agency; 

ø(ii) a nonprofit, community-based organization; 

or 

ø(iii) a partnership between a local educational 

agency and a nonprofit, community-based organization. 

ø(C) MENTOR.—The term ‘‘mentor’’ means a responsible adult, a postsecondary school student, or a secondary 

school student who works with a child— 

ø(i) to provide a positive role model for the child; 

ø(ii) to establish a supportive relationship with 

the child; and 

ø(iii) to provide the child with academic assistance 

and exposure to new experiences and examples of opportunity that enhance the ability of the child to become a responsible adult. 

ø(D) STATE.—The term ‘‘State’’ means each of the several States, the District of Columbia, the Commonwealth 

of Puerto Rico, the United States Virgin Islands, Guam, 

American Samoa, and the Commonwealth of the Northern 

Mariana Islands. 

ø(b) GRANT PROGRAM.— 

ø(1) IN GENERAL.—The Secretary may award grants from 

funds made available to carry out this subpart under section 

4003(2) to eligible entities to assist such entities in establishing and supporting mentoring programs and activities for 

children with greatest need that— 

ø(A) are designed to link such children (particularly 

children living in rural areas, high-crime areas, or troubled home environments, or children experiencing educational failure) with mentors who— 

ø(i) have received training and support in mentoring; 

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ø(ii) have been screened using appropriate reference checks, child and domestic abuse record checks, 

and criminal background checks; and 

ø(iii) are interested in working with children with 

greatest need; and 

ø(B) are intended to achieve one or more of the following goals with respect to children with greatest need: 

ø(i) Provide general guidance. 

ø(ii) Promote personal and social responsibility. 

ø(iii) Increase participation in, and enhance the 

ability to benefit from, elementary and secondary education. 

ø(iv) Discourage illegal use of drugs and alcohol, 

violence, use of dangerous weapons, promiscuous behavior, and other criminal, harmful, or potentially 

harmful activity. 

ø(v) Encourage participation in community service 

and community activities. 

ø(vi) Encourage setting goals and planning for the 

future, including encouragement of graduation from 

secondary school and planning for postsecondary education or training. 

ø(viii) Discourage involvement in gangs. 

ø(2) USE OF FUNDS.— ø(A) IN GENERAL.—Each eligible entity awarded a 

grant under this subsection shall use the grant funds for 

activities that establish or implement a mentoring program, that may include— 

ø(i) hiring of mentoring coordinators and support 

staff; 

ø(ii) providing for the professional development of 

mentoring coordinators and support staff; 

ø(iii) recruitment, screening, and training of mentors; 

ø(iv) reimbursement to schools, if appropriate, for 

the use of school materials or supplies in carrying out 

the mentoring program; 

ø(v) dissemination of outreach materials; 

ø(vi) evaluation of the mentoring program using 

scientifically based methods; and 

ø(vii) such other activities as the Secretary may 

reasonably prescribe by rule. 

ø(B) PROHIBITED USES.—Notwithstanding subparagraph (A), an eligible entity awarded a grant under this 

section may not use the grant funds— 

ø(i) to directly compensate mentors; 

ø(ii) to obtain educational or other materials or 

equipment that would otherwise be used in the ordinary course of the eligible entity’s operations; 

ø(iii) to support litigation of any kind; or 

ø(iv) for any other purpose reasonably prohibited 

by the Secretary by rule. 

ø(3) AVAILABILITY OF FUNDS.—Funds made available 

through a grant under this section shall be available for obligation for a period not to exceed 3 years. 

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ø(4) APPLICATION.—Each eligible entity seeking a grant 

under this section shall submit to the Secretary an application 

that includes— 

ø(A) a description of the plan for the mentoring program the eligible entity proposes to carry out with such 

grant; 

ø(B) information on the children expected to be served 

by the mentoring program for which such grant is sought; 

ø(C) a description of the mechanism the eligible entity 

will use to match children with mentors based on the 

needs of the children; 

ø(D) an assurance that no mentor will be assigned to 

mentor so many children that the assignment will undermine the mentor’s ability to be an effective mentor or the 

mentor’s ability to establish a close relationship (a one-toone relationship, where practicable) with each mentored 

child; 

ø(E) an assurance that the mentoring program will 

provide children with a variety of experiences and support, 

including— 

ø(i) emotional support; 

ø(ii) academic assistance; and 

ø(iii) exposure to experiences that the children 

might not otherwise encounter on their own; 

ø(F) an assurance that the mentoring program will be 

monitored to ensure that each child assigned a mentor 

benefits from that assignment and that the child will be 

assigned a new mentor if the relationship between the 

original mentor and the child is not beneficial to the child; 

ø(G) information regarding how mentors and children 

will be recruited to the mentoring program; 

ø(H) information regarding how prospective mentors 

will be screened; 

ø(I) information on the training that will be provided 

to mentors; and 

ø(J) information on the system that the eligible entity 

will use to manage and monitor information relating to the 

mentoring program’s— 

ø(i) reference checks; 

ø(ii) child and domestic abuse record checks; 

ø(iii) criminal background checks; and 

ø(iv) procedure for matching children with mentors. 

ø(5) SELECTION.— 

ø(A) COMPETITIVE BASIS.—In accordance with this subsection, the Secretary shall award grants to eligible entities on a competitive basis. 

ø(B) PRIORITY.—In awarding grants under subparagraph (A), the Secretary shall give priority to each eligible 

entity that— 

ø(i) serves children with greatest need living in 

rural areas, high-crime areas, or troubled home environments, or who attend schools with violence problems; 

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ø(ii) provides high quality background screening of 

mentors, training of mentors, and technical assistance 

in carrying out mentoring programs; or 

ø(iii) proposes a school-based mentoring program. 

ø(C) OTHER CONSIDERATIONS.—In awarding grants 

under subparagraph (A), the Secretary shall also consider— 

ø(i) the degree to which the location of the mentoring program proposed by each eligible entity contributes to a fair distribution of mentoring programs 

with respect to urban and rural locations; 

ø(ii) the quality of the mentoring program proposed by each eligible entity, including— 

ø(I) the resources, if any, the eligible entity 

will dedicate to providing children with opportunities for job training or postsecondary education; 

ø(II) the degree to which parents, teachers, 

community-based organizations, and the local 

community have participated, or will participate, 

in the design and implementation of the proposed 

mentoring program; 

ø(III) the degree to which the eligible entity 

can ensure that mentors will develop longstanding 

relationships with the children they mentor; 

ø(IV) the degree to which the mentoring program will serve children with greatest need in the 

4th through 8th grades; and 

ø(V) the degree to which the mentoring program will continue to serve children from the 9th 

grade through graduation from secondary school, 

as needed; and 

ø(iii) the capability of each eligible entity to effectively implement its mentoring program. 

ø(D) GRANT TO EACH STATE.—Notwithstanding any 

other provision of this subsection, in awarding grants 

under subparagraph (A), the Secretary shall select not less 

than one grant recipient from each State for which there 

is an eligible entity that submits an application of sufficient quality pursuant to paragraph (4). 

ø(6) MODEL SCREENING GUIDELINES.— 

ø(A) IN GENERAL.—Based on model screening guidelines developed by the Office of Juvenile Programs of the 

Department of Justice, the Secretary shall develop and distribute to each eligible entity awarded a grant under this 

section specific model guidelines for the screening of mentors who seek to participate in mentoring programs assisted under this section. 

ø(B) BACKGROUND CHECKS.—The guidelines developed 

under this subsection shall include, at a minimum, a requirement that potential mentors be subject to reference 

checks, child and domestic abuse record checks, and criminal background checks.¿ 

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øSubpart 3—Gun Possession¿ 

øSEC. 4141. ø20 U.S.C. 7151¿ GUN-FREE REQUIREMENTS. 

ø(a) SHORT TITLE.—This subpart may be cited as the ‘‘GunFree Schools Act’’. 

ø(b) REQUIREMENTS.— 

ø(1) IN GENERAL.—Each State receiving Federal funds 

under any title of this Act shall have in effect a State law requiring local educational agencies to expel from school for a period of not less than 1 year a student who is determined to 

have brought a firearm to a school, or to have possessed a firearm at a school, under the jurisdiction of local educational 

agencies in that State, except that such State law shall allow 

the chief administering officer of a local educational agency to 

modify such expulsion requirement for a student on a case-bycase basis if such modification is in writing. 

ø(2) CONSTRUCTION.—Nothing in this subpart shall be construed to prevent a State from allowing a local educational 

agency that has expelled a student from such a student’s regular school setting from providing educational services to such 

student in an alternative setting. 

ø(3) DEFINITION.—For the purpose of this section, the term 

‘‘firearm’’ has the same meaning given such term in section 

921(a) of title 18, United States Code. 

ø(c) SPECIAL RULE.—The provisions of this section shall be construed in a manner consistent with the Individuals with Disabilities Education Act. 

ø(d) REPORT TO STATE.—Each local educational agency requesting assistance from the State educational agency that is to be provided from funds made available to the State under any title of this 

Act shall provide to the State, in the application requesting such 

assistance— 

ø(1) an assurance that such local educational agency is in 

compliance with the State law required by subsection (b); and 

ø(2) a description of the circumstances surrounding any expulsions imposed under the State law required by subsection 

(b), including— 

ø(A) the name of the school concerned; 

ø(B) the number of students expelled from such school; 

and 

ø(C) the type of firearms concerned. 

ø(e) REPORTING.—Each State shall report the information described in subsection (d) to the Secretary on an annual basis. 

ø(f) DEFINITION.—For the purpose of subsection (d), the term 

‘‘school’’ means any setting that is under the control and supervision of the local educational agency for the purpose of student activities approved and authorized by the local educational agency. 

ø(g) EXCEPTION.—Nothing in this section shall apply to a firearm that is lawfully stored inside a locked vehicle on school property, or if it is for activities approved and authorized by the local 

educational agency and the local educational agency adopts appropriate safeguards to ensure student safety. 

ø(h) POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.— 

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ø(1) IN GENERAL.—No funds shall be made available under 

any title of this Act to any local educational agency unless such 

agency has a policy requiring referral to the criminal justice or 

juvenile delinquency system of any student who brings a firearm or weapon to a school served by such agency. 

ø(2) DEFINITION.—For the purpose of this subsection, the 

term ‘‘school’’ has the same meaning given to such term by section 921(a) of title 18, United States Code.¿ 

øSubpart 4—General Provisions¿ 

øSEC. 4151. ø20 U.S.C. 7161¿ DEFINITIONS. 

øIn this part: 

ø(1) CONTROLLED SUBSTANCE.—The term ‘‘controlled substance’’ means a drug or other substance identified under 

Schedule I, II, III, IV, or V in section 202(c) of the Controlled 

Substances Act (21 U.S.C. 812(c)). 

ø(2) DRUG.—The term ‘‘drug’’ includes controlled substances; the illegal use of alcohol and tobacco; and the harmful, 

abusive, or addictive use of substances, including inhalants 

and anabolic steroids. 

ø(3) DRUG AND VIOLENCE PREVENTION.—The term ‘‘drug 

and violence prevention’’ means— 

ø(A) with respect to drugs, prevention, early intervention, rehabilitation referral, or education related to the illegal use of drugs; 

ø(B) with respect to violence, the promotion of school 

safety, such that students and school personnel are free 

from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school premises, going to and from 

school, and at school-sponsored activities, through the creation and maintenance of a school environment that is free 

of weapons and fosters individual responsibility and respect for the rights of others. 

ø(4) HATE CRIME.—The term ‘‘hate crime’’ means a crime 

as described in section 1(b) of the Hate Crime Statistics Act of 

1990. 

ø(5) NONPROFIT.—The term ‘‘nonprofit’’, as applied to a 

school, agency, organization, or institution means a school, 

agency, organization, or institution owned and operated by one 

or more nonprofit corporations or associations, no part of the 

net earnings of which inures, or may lawfully inure, to the 

benefit of any private shareholder or individual. 

ø(6) PROTECTIVE FACTOR, BUFFER, OR ASSET.—The terms 

‘‘protective factor’’, ‘‘buffer’’, and ‘‘asset’’ mean any one of a 

number of the community, school, family, or peer-individual domains that are known, through prospective, longitudinal research efforts, or which are grounded in a well-established theoretical model of prevention, and have been shown to prevent 

alcohol, tobacco, or illegal drug use, as well as violent behavior, 

by youth in the community, and which promote positive youth 

development. 

ø(7) RISK FACTOR.—The term ‘‘risk factor’’ means any one 

of a number of characteristics of the community, school, family, 

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or peer-individual domains that are known, through prospective, longitudinal research efforts, to be predictive of alcohol, 

tobacco, and illegal drug use, as well as violent behavior, by 

youth in the school and community. 

ø(8) SCHOOL-AGED POPULATION.—The term ‘‘school-aged 

population’’ means the population aged five through 17, as determined by the Secretary on the basis of the most recent satisfactory data available from the Department of Commerce. 

ø(9) SCHOOL BASED MENTAL HEALTH SERVICES PROVIDER.— The term ‘‘school based mental health services provider’’ includes a State licensed or State certified school counselor, 

school psychologist, school social worker, or other State licensed or certified mental health professional qualified under 

State law to provide such services to children and adolescents. 

ø(10) SCHOOL PERSONNEL.—The term ‘‘school personnel’’ 

includes teachers, principals, administrators, counselors, social 

workers, psychologists, nurses, librarians, and other support 

staff who are employed by a school or who perform services for 

the school on a contractual basis. 

ø(11) SCHOOL RESOURCE OFFICER.—The term ‘‘school resource officer’’ means a career law enforcement officer, with 

sworn authority, deployed in community oriented policing, and 

assigned by the employing police department to a local educational agency to work in collaboration with schools and community based organizations to— 

ø(A) educate students in crime and illegal drug use 

prevention and safety; 

ø(B) develop or expand community justice initiatives 

for students; and 

ø(C) train students in conflict resolution, restorative 

justice, and crime and illegal drug use awareness.¿ 

øSEC. 4152. ø20 U.S.C. 7162¿ MESSAGE AND MATERIALS. 

ø(a) ‘‘WRONG AND HARMFUL’’ MESSAGE.—Drug and violence 

prevention programs supported under this part shall convey a clear 

and consistent message that the illegal use of drugs and acts of violence are wrong and harmful. 

ø(b) CURRICULUM.—The Secretary shall not prescribe the use 

of specific curricula for programs supported under this part.¿ 

øSEC. 4153. ø20 U.S.C. 7163¿ PARENTAL CONSENT. 

Upon receipt of written notification from the parents or legal 

guardians of a student, the local educational agency shall withdraw 

such student from any program or activity funded under this part. 

The local educational agency shall make reasonable efforts to inform parents or legal guardians of the content of such programs or 

activities funded under this part, other than classroom instruction.¿ 

øSEC. 4154. ø20 U.S.C. 7164¿ PROHIBITED USES OF FUNDS. 

øNo funds under this part may be used for— 

ø(1) construction (except for minor remodeling needed to 

accomplish the purposes of this part); or 

ø(2) medical services, drug treatment or rehabilitation, except for pupil services or referral to treatment for students who 

are victims of, or witnesses to, crime or who illegally use 

drugs.¿ 

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øSEC. 4155. ø20 U.S.C. 7165¿ TRANSFER OF SCHOOL DISCIPLINARY 

RECORDS. 

ø(a) NONAPPLICATION OF PROVISIONS.—This section shall not 

apply to any disciplinary records with respect to a suspension or 

expulsion that are transferred from a private, parochial or other 

nonpublic school, person, institution, or other entity, that provides 

education below the college level. 

ø(b) DISCIPLINARY RECORDS.—In accordance with the Family 

Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), not 

later than 2 years after the date of enactment of this part, each 

State receiving Federal funds under this Act shall provide an assurance to the Secretary that the State has a procedure in place 

to facilitate the transfer of disciplinary records, with respect to a 

suspension or expulsion, by local educational agencies to any private or public elementary school or secondary school for any student who is enrolled or seeks, intends, or is instructed to enroll, on 

a full- or part-time basis, in the school.¿ 

* * * * * * * 

øPART C—ENVIRONMENTAL TOBACCO 

SMOKE¿ 

øSEC. 4301. ø20 U.S.C. 7181¿ SHORT TITLE. 

øThis part may be cited as the ‘‘Pro-Children Act of 2001’’.¿ 

øSEC. 4302. ø20 U.S.C. 7182¿ DEFINITIONS. 

øAs used in this part: 

ø(1) CHILDREN.—The term ‘‘children’’ means individuals 

who have not attained the age of 18. 

ø(2) CHILDREN’S SERVICES.—The term ‘‘children’s services’’ 

means the provision on a routine or regular basis of health, 

day care, education, or library services— 

ø(A) that are funded, after the date of enactment of 

the No Child Left Behind Act of 2001, directly by the Federal Government or through State or local governments, by 

Federal grant, loan, loan guarantee, or contract programs— 

ø(i) administered by either the Secretary of 

Health and Human Services or the Secretary of Education (other than services provided and funded solely 

under titles XVIII and XIX of the Social Security Act); 

or 

ø(ii) administered by the Secretary of Agriculture 

in the case of a clinic (as defined in part 246.2 of title 

7, Code of Federal Regulations (or any corresponding 

similar regulation or ruling)) under section 17(b)(6) of 

the Child Nutrition Act of 1966; or 

ø(B) that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds, 

as determined by the appropriate head of a Federal agency 

in any enforcement action carried out under this part, 

except that nothing in clause (ii) of subparagraph (A) is intended to include facilities (other than clinics) where coupons 

are redeemed under the Child Nutrition Act of 1966. 

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ø(3) INDOOR FACILITY.—The term ‘‘indoor facility’’ means a 

building that is enclosed. 

ø(4) PERSON.—The term ‘‘person’’ means any State or local 

subdivision of a State, agency of such State or subdivision, corporation, or partnership that owns or operates or otherwise 

controls and provides children’s services or any individual who 

owns or operates or otherwise controls and provides such services. 

ø(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Health and Human Services.¿ 

øSEC. 4303. ø20 U.S.C. 7183¿ NONSMOKING POLICY FOR CHILDREN’S 

SERVICES. 

ø(a) PROHIBITION.—After the date of enactment of the No Child 

Left Behind Act of 2001, no person shall permit smoking within 

any indoor facility owned or leased or contracted for, and utilized, 

by such person for provision of routine or regular kindergarten, elementary, or secondary education or library services to children. 

ø(b) ADDITIONAL PROHIBITION.— ø(1) IN GENERAL.—After the date of enactment of the No 

Child Left Behind Act of 2001, no person shall permit smoking 

within any indoor facility (or portion of such a facility) owned 

or leased or contracted for, and utilized by, such person for the 

provision of regular or routine health care or day care or early 

childhood development (Head Start) services. 

ø(2) EXCEPTION.—Paragraph (1) shall not apply to— 

ø(A) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or 

addicted to, drugs or alcohol; and 

ø(B) any private residence. 

ø(c) FEDERAL AGENCIES.— ø(1) KINDERGARTEN, ELEMENTARY, OR SECONDARY EDU- CATION OR LIBRARY SERVICES.—After the date of enactment of 

the No Child Left Behind Act of 2001, no Federal agency shall 

permit smoking within any indoor facility in the United States 

operated by such agency, directly or by contract, to provide 

routine or regular kindergarten, elementary, or secondary education or library services to children. 

ø(2) HEALTH OR DAY CARE OR EARLY CHILDHOOD DEVELOPMENT SERVICES.— 

ø(A) IN GENERAL.—After the date of enactment of the 

No Child Left Behind Act of 2001, no Federal agency shall 

permit smoking within any indoor facility (or portion of 

such facility) operated by such agency, directly or by contract, to provide routine or regular health or day care or 

early childhood development (Head Start) services to children. 

ø(B) EXCEPTION.—Subparagraph (A) shall not apply 

to— 

ø(i) any portion of such facility that is used for inpatient hospital treatment of individuals dependent 

on, or addicted to, drugs or alcohol; and 

ø(ii) any private residence. 

ø(3) APPLICATION OF PROVISIONS.—The provisions of paragraph (2) shall also apply to the provision of such routine or 

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brary services in the facilities described in paragraph (2) not 

subject to paragraph (1). 

ø(d) NOTICE.—The prohibitions in subsections (a) through (c) 

shall be published in a notice in the Federal Register by the Secretary (in consultation with the heads of other affected agencies) 

and by such agency heads in funding arrangements involving the 

provision of children’s services administered by such heads. Such 

prohibitions shall be effective 90 days after such notice is published, or 270 days after the date of enactment of the No Child Left 

Behind Act of 2001, whichever occurs first. 

ø(e) CIVIL PENALTIES.— ø(1) IN GENERAL.—Any failure to comply with a prohibition 

in this section shall be considered to be a violation of this section and any person subject to such prohibition who commits 

such violation may be liable to the United States for a civil 

penalty in an amount not to exceed $1,000 for each violation, 

or may be subject to an administrative compliance order, or 

both, as determined by the Secretary. Each day a violation continues shall constitute a separate violation. In the case of any 

civil penalty assessed under this section, the total amount 

shall not exceed 50 percent of the amount of Federal funds received under any title of this Act by such person for the fiscal 

year in which the continuing violation occurred. For the purpose of the prohibition in subsection (c), the term ‘‘person’’, as 

used in this paragraph, shall mean the head of the applicable 

Federal agency or the contractor of such agency providing the 

services to children. 

ø(2) ADMINISTRATIVE PROCEEDING.—A civil penalty may be 

assessed in a written notice, or an administrative compliance 

order may be issued under paragraph (1), by the Secretary 

only after an opportunity for a hearing in accordance with section 554 of title 5, United States Code. Before making such assessment or issuing such order, or both, the Secretary shall 

give written notice of the assessment or order to such person 

by certified mail with return receipt and provide information 

in the notice of an opportunity to request in writing, not later 

than 30 days after the date of receipt of such notice, such hearing. The notice shall reasonably describe the violation and be 

accompanied with the procedures for such hearing and a simple form that may be used to request such hearing if such person desires to use such form. If a hearing is requested, the Secretary shall establish by such certified notice the time and 

place for such hearing, which shall be located, to the greatest 

extent possible, at a location convenient to such person. The 

Secretary (or the Secretary’s designee) and such person may 

consult to arrange a suitable date and location where appropriate. 

ø(3) CIRCUMSTANCES AFFECTING PENALTY OR ORDER.—In 

determining the amount of the civil penalty or the nature of 

the administrative compliance order, the Secretary shall take 

into account, as appropriate— 

ø(A) the nature, circumstances, extent, and gravity of 

the violation; 

ø(B) with respect to the violator, any good faith efforts 

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nent compliance, the ability to pay or comply, the effect of 

the penalty or order on the ability to continue operation, 

any prior history of the same kind of violation, the degree 

of culpability, and any demonstration of willingness to 

comply with the prohibitions of this section in a timely 

manner; and 

ø(C) such other tters as justice may require. 

ø(4) MODIFICATION.—The Secretary may, as appropriate, 

compromise, modify, or remit, with or without conditions, any 

civil penalty or administrative compliance order. In the case of 

a civil penalty, the amount, as finally determined by the Secretary or agreed upon in compromise, may be deducted from 

any sums that the United States or the agencies or instrumentalities of the United States owe to the person against whom 

the penalty is assessed. 

ø(5) PETITION FOR REVIEW.—Any person aggrieved by a 

penalty assessed or an order issued, or both, by the Secretary 

under this section may file a petition for judicial review of the 

order with the United States Court of Appeals for the District 

of Columbia Circuit or for any other circuit in which the person 

resides or transacts business. Such person shall provide a copy 

of the petition to the Secretary or the Secretary’s designee. The 

petition shall be filed within 30 days after the Secretary’s assessment or order, or both, are final and have been provided 

to such person by certified mail. The Secretary shall promptly 

provide to the court a certified copy of the transcript of any 

hearing held under this section and a copy of the notice or 

order. 

ø(6) FAILURE TO COMPLY.—If a person fails to pay an assessment of a civil penalty or comply with an order, after the 

assessment or order, or both, are final under this section, or 

after a court has entered a final judgment under paragraph (5) 

in favor of the Secretary, the Attorney General, at the request 

of the Secretary, shall recover the amount of the civil penalty 

(plus interest at prevailing rates from the day the assessment 

or order, or both, are final) or enforce the order in an action 

brought in the appropriate district court of the United States. 

In such action, the validity and appropriateness of the penalty 

or order or the amount of the penalty shall not be subject to 

review.¿ 

øSEC. 4304. ø20 U.S.C. 7184¿ PREEMPTION. 

øNothing in this part is intended to preempt any provision of 

law of a State or political subdivision of a State that is more restrictive than a provision of this part.¿ 

PART A—IMPROVING LITERACY INSTRUCTION 

AND STUDENT ACHIEVEMENT 

Subpart 1—Improving Literacy Instruction 

SEC. 4101. SHORT TITLE. 

This subpart may be cited as the ‘‘Improving Literacy Instruction and Student Achievement Act’’. 

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SEC. 4102. PURPOSES. 

The purposes of this subpart are— 

(1) to improve student academic achievement in reading 

and writing by providing Federal support to State educational 

agencies to develop, improve, coordinate, and implement comprehensive literacy plans that ensure high-quality instruction 

and effective strategies in reading and writing from birth 

through grade 12; and 

(2) to assist State educational agencies in achieving the 

purpose described in paragraph (1) by— 

(A) supporting the development and implementation of 

comprehensive early learning through grade 12 literacy 

programs in every State that are based on scientifically 

valid research, to ensure that every child can read and 

write at grade level or above; 

(B) providing children with learning opportunities in 

high-quality, language rich, literature rich, informational 

text rich, culturally relevant, and developmentally appropriate environments so that the children develop the fundamental knowledge and skills necessary for literacy engagement, development, and achievement in prekindergarten 

through grade 12; 

(C) educating parents in the ways the parents can support their child’s communication and literacy development; 

(D) supporting efforts to link and align standards and 

research-based instruction and teaching practices in early 

learning programs; 

(E) supporting high-quality and effective strategies for 

children to develop oral language, reading, and writing 

abilities through high-quality research-based instruction 

and teaching practices; 

(F) improving academic achievement by establishing 

adolescent literacy initiatives that provide explicit and systematic instruction in oral language, reading, and writing 

development across the curriculum; 

(G) identifying and supporting children reading and 

writing significantly below grade level by providing evidence-based, intensive interventions, including interventions conducted during extended learning time, to help the 

children acquire the language and literacy skills the children need to stay on track for graduation; 

(H) providing assistance to local educational agencies 

in order to provide educators with ongoing, job-embedded 

professional development, and other support, that focuses 

on— 

(i) effective literacy instruction; and 

(ii) the special knowledge and skills necessary to 

teach and support literacy development effectively 

across the developmental and age span; 

(I) supporting State educational agencies and local 

educational agencies in improving reading, writing, and 

literacy-based academic achievement for children, especially children who are low-income individuals, are 

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quent, are homeless, are in the custody of the child welfare 

system, or have dropped out of school; 

(J) supporting State educational agencies and local 

educational agencies in using age appropriate and developmentally and linguistically appropriate instructional materials and strategies that assist teachers as the teachers 

work with children to develop reading and writing competencies appropriate to the children’s grade and skill levels; 

(K) strengthening coordination among schools, early 

literacy programs, family literacy programs, juvenile justice 

programs, public libraries, and outside-of-school programs 

that provide children with strategies, curricula, interventions, and assessments designed to advance early and continuing language and literacy development in ways appropriate for each context; 

(L) supporting professional development for educators 

based on scientific approaches to adult learning; and 

(M) evaluating whether the professional development 

activities and approaches are effective in building knowledge and skills of educators and their use of appropriate 

and effective practices. 

SEC. 4103. DEFINITIONS. 

In this subpart: 

(1) CHILD.—The term ‘‘child’’ means an individual from the 

age of birth through the final year for which the State provides 

free public education. 

(2) CLASSROOM-BASED INSTRUCTIONAL ASSESSMENT.—The 

term ‘‘classroom-based instructional assessment’’ means an assessment for children from birth through grade 3 that— 

(A) is valid and reliable for the age and population of 

children served in the program; 

(B) is used to evaluate children’s developmental 

progress and learning and includes systematic observations 

by teachers of children performing tasks, including academic and literacy tasks, that are subpart of the children’s 

daily classroom experience; and 

(C) is used to improve classroom instruction. 

(3) COMPREHENSIVE LITERACY INSTRUCTION.—The term 

‘‘comprehensive literacy instruction’’ means instruction that— 

(A) incorporates effective literacy instruction; and 

(B) is designed to support— 

(i) developmentally appropriate, contextually explicit, systematic instruction, and frequent practice, in 

reading across content areas; and 

(ii) developmentally appropriate and contextually 

explicit instruction, and frequent practice, in writing 

across content areas. 

(4) DEVELOPMENTAL DELAY.—The term ‘‘developmental 

delay’’ has the meaning given the term in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432). 

(5) EARLY LEARNING PROGRAM.—The term ‘‘early learning 

program’’ means a program serving children between the ages 

of birth and kindergarten entry. 

(6) EFFECTIVE LITERACY INSTRUCTION.— 

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(A) IN GENERAL.—The term ‘‘effective literacy instruction’’ means literacy instruction that— 

(i) includes age-appropriate, explicit, systematic, 

and intentional instruction in phonological awareness, 

phonic decoding, vocabulary, language structure, reading fluency, and reading comprehension; 

(ii) includes age-appropriate, explicit instruction in 

writing, including opportunities for children to write 

with clear purposes, with critical reasoning appropriate to the topic and purpose, and with specific instruction and feedback from instructional staff; 

(iii) makes available and uses diverse, high-quality 

print materials that reflect the reading and development levels, and interests, of children; 

(iv) uses differentiated instructional approaches, 

including individual and small group instruction and 

discussion; 

(v) provides opportunities for children to use language with peers and adults in order to develop language skills, including developing vocabulary; 

(vi) includes frequent practice of reading and writing strategies; 

(vii) uses age-appropriate, valid, and reliable 

screening assessments, diagnostic assessments, formative assessments, and summative assessments to identify a child’s learning needs, to inform instruction, and 

to monitor the child’s progress and the effects of instruction; 

(viii) uses strategies to enhance children’s motivation to read and write and children’s engagement in 

self-directed learning; 

(ix) incorporates the principles of universal design 

for learning; 

(x) depends on teachers’ collaboration in planning, 

instruction, and assessing a child’s progress and on 

continuous professional learning; and 

(xi) links literacy instruction to the State college 

and career ready academic content standards under 

section 1111(a)(1), including the ability to navigate, 

understand, and write about, complex print and digital 

subject matter. 

(B) BIRTH THROUGH KINDERGARTEN.—When used with 

respect to instruction for children from birth to kindergarten entry, the term ‘‘effective literacy instruction’’ also 

includes— 

(i) developing such children’s alphabet knowledge, 

reading aloud to children, discussing reading and 

writing with children, and modeling age and developmentally appropriate reading and writing strategies; 

and 

(ii) encouraging children’s early attempts at oral 

communication, reading, and writing. 

(C) KINDERGARTEN THROUGH GRADE 12.—When used 

with respect to the instruction of children in kindergarten 

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through grade 12, the term ‘‘effective literacy instruction’’ 

also includes— 

(i) providing systematic and intensive interventions, which can be provided inside or outside the 

classroom as well as before, during, or after regular 

school hours, to supplement regular instruction for 

children reading below grade level; 

(ii) providing reading and writing opportunities 

that build academic vocabulary and knowledge of different text structures in core academic subjects; 

(iii) enabling children to write, communicate, and 

create knowledge, in ways that fit purpose, audience, 

occasion, discipline, and format, including practice 

in— 

(I) adhering to language conventions, including spelling, punctuation, and grammar; 

(II) planning and revising to improve clarity, 

coherence, logical development, and language 

usage; and 

(III) writing individually and collaboratively 

with feedback from instructors and peers; and 

(iv) cultivating shared responsibility for children’s 

literacy learning by coordinating writing tasks, instructional practices, and criteria for feedback across 

academic content areas. 

(7) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means an 

entity— 

(A) that serves high-need children; and 

(B)(i) when used with respect to a subgrant under section 4108, that consists of— 

(I) 1 or more local educational agencies providing early learning programs that have a demonstrated record of providing comprehensive literacy instruction for the age group such agencies 

or programs propose to serve; 

(II) 1 or more public or private early learning 

programs, such as a Head Start program, a child 

care program, a State-funded prekindergarten program, a public library program, or a family literacy program, that have a demonstrated record of 

providing comprehensive literacy instruction for 

the age group such programs propose to serve; or 

(III) 1 or more local educational agencies providing early learning programs, or 1 or more public or private early learning programs, such as a 

Head Start program, a child care program, a 

State-funded prekindergarten program, a public library program, or a family literacy program, in 

partnership with 1 or more public or private nonprofit organizations or agencies that have a demonstrated record of effectiveness— 

(aa) in improving the early literacy development of children from birth through kindergarten entry; and 

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(bb) in providing professional development 

aligned with the activities described in section 

4108(e)(1); or 

(ii) when used with respect to a subgrant under 

section 4109— 

(I) that is— 

(aa) a local educational agency; 

(bb) a consortium of local educational 

agencies; or 

(cc) a local educational agency or consortium of local educational agencies acting in 

partnership with 1 or more public or private 

nonprofit organizations or agencies that have 

a demonstrated record of effectiveness in— 

(AA) improving literacy achievement 

of children consistent with the purposes of 

their participation from kindergarten 

through grade 12; and 

(BB) providing professional development aligned with the activities described 

in subsection (b) and (c) of section 4109; 

and 

(II)(aa) has the highest numbers or proportion 

of children who are counted under section 1124(c), 

in comparison to other local educational agencies 

in the State; 

(bb) is among or consists of the local educational agencies in the State with the highest 

numbers or percentages of children reading or 

writing below grade level, based on the most currently available State academic assessment data 

under section 1111(a)(2); or 

(cc) has jurisdiction over a significant number 

or percentage of schools that are identified as priority schools under section 1116(d). 

(8) ENGLISH LANGUAGE ACQUISITION.— (A) IN GENERAL.—The term ‘‘English language acquisition’’ means the process by which a non-native English 

speaker acquires proficiency in speaking, listening, reading, 

and writing the English language. 

(B) INCLUSIONS FOR ENGLISH LEARNERS IN SCHOOL.— 

For an English learner in school, such term includes not 

only the social language proficiency needed to participate in 

the school environment, but also the academic language 

proficiency needed to acquire literacy and academic content 

and demonstrate the child’s learning. 

(9) FAMILY LITERACY SERVICES.—The term ‘‘family literacy 

services’’ means literacy services provided to participants on a 

voluntary basis that are of sufficient intensity and quality, that 

better enable parents to support their children’s learning needs, 

and that integrate— 

(A) interactive literacy activities between or among 

family members who are primary caregivers and their children, including family literacy education to improve literacy of parents; and 

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(B) training for family members who are primary caregivers regarding how to be the primary teacher for their 

children and full partners in the education of their children. 

(10) FORMATIVE ASSESSMENT.—The term ‘‘formative assessment’’ means an assessment that— 

(A) is teacher-generated or selected by teachers or instructional leaders for use during learning; 

(B) is embedded within the learning activity and 

linked directly to the intended outcomes of the current unit 

of instruction; and 

(C) provides feedback to help adjust ongoing teaching 

and learning to improve children’s achievement of intended 

instructional outcomes. 

(11) HIGH-QUALITY PROFESSIONAL DEVELOPMENT.—The 

term ‘‘high-quality professional development’’ means professional development that— 

(A) is job-embedded, ongoing, and based on scientifically valid research; 

(B) is sustained, intensive, and classroom-focused, and 

is not limited in scope to a 1-day or short-term workshop 

or conference; 

(C) is designed to increase the knowledge and expertise 

of teachers, early childhood educators and administrators, 

principals, other instructional leaders, and other program 

staff in applying— 

(i) effective literacy instruction; and 

(ii) instructional strategies and practices that are 

appropriate to the age, development, and needs of children and improve learning, including strategies and 

practices consistent with the principles of universal design for learning; 

(D) includes and supports teachers in effectively administering age and developmentally appropriate assessments, and analyzing the results of these assessments for 

the purposes of planning, monitoring, adapting, and improving effective classroom instruction or teaching strategies to improve child literacy; 

(E) includes instructional strategies utilizing one-toone, small group, and classroom-based instructional materials and approaches based on scientifically valid research 

on literacy; 

(F) provides ongoing instructional literacy coaching— 

(i) to ensure high-quality implementation of comprehensive literacy instruction that is— 

(I) content centered; 

(II) integrated across the curriculum; 

(III) collaborative; and 

(IV) school, setting, and classroom embedded; 

and 

(ii) that uses student data to improve instruction; 

(G) includes and supports teachers in setting high 

reading and writing achievement goals for all children and 

provides the teachers with the instructional tools and skills 

to help children reach such goals; 

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(H) for educators serving children in kindergarten 

through grade 12— 

(i) supports effective literacy instruction through 

core academic subjects, and through career and technical education subjects where such career and technical education subjects provide for the integration of 

core academic subjects; and 

(ii) includes explicit instruction in discipline-specific thinking and how to read and interpret disciplinespecific text structures and features; 

(I) is differentiated for educators working with children 

from birth through kindergarten entry, children in kindergarten through grade 3, and children in grades 4 through 

12, and, as appropriate, based on the grade or needs of the 

children; and 

(J) supports family literacy experiences and practices, 

and educating parents, teachers, and other caregivers about 

literacy development and child literacy development. 

(12) INSTRUCTIONAL LEADER.—The term ‘‘instructional 

leader’’ means an individual who— 

(A) is an employee or officer of a school; and 

(B) is responsible for— 

(i) the school’s performance; and 

(ii) the daily instructional and managerial operations of the school. 

(13) LITERACY COACH.—The term ‘‘literacy coach’’ means a 

professional— 

(A) who has— 

(i) previous teaching experience; 

(ii) demonstrated abilities in working with adult 

learners; and 

(iii)(I) a master’s degree with a concentration in 

reading and writing education or demonstrated proficiency in teaching reading or writing in a core academic subject consistent with effective literacy instruction; or 

(II) in the case of a literacy coach for children from 

birth through kindergarten entry, a concentration, credential, or significant experience in child development 

and early literacy development; 

(B) who supports teachers to— 

(i) apply research on how children become successful readers, writers, and communicators; 

(ii) apply multiple forms of assessment to guide instructional decisionmaking and use data to improve 

literacy instruction; 

(iii) improve children’s writing and reading in and 

across content areas such as mathematics, science, social studies, and language arts; 

(iv) develop and implement differentiated instruction and teaching approaches to serve the needs of the 

full range of learners, including English learners and 

children with disabilities; 

(v) apply principles of universal design for learning; 

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(vi) employ best practices in engaging principals, 

early learning program educators and administrators, 

teachers, and other relevant professionals to create 

school cultures that encourage and support literacy development and achievement; and 

(vii) set, for children from birth through kindergarten, developmentally appropriate expectations for 

language and literacy development, and high reading 

and writing achievement goals for all children and select, acquire, and use instructional tools and skills to 

help children reach such goals; and 

(C) whose role with teachers and professionals supporting literacy instruction is— 

(i) to provide high-quality professional development, consistent with the definition of comprehensive 

literacy instruction; 

(ii) to work cooperatively and collaboratively with 

principals, teachers, and other professionals in employing strategies to help teachers identify and support 

child literacy and language development needs and 

teach literacy across the content areas and developmental domains; and 

(iii) to work cooperatively and collaboratively with 

other professionals in employing strategies to help 

teachers teach literacy across the content areas so that 

the teachers can meet the needs of all children, including children with disabilities, English learners, and 

children who are reading at or above grade level. 

(14) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local educational agency’’— 

(A) has the meaning given the term in section 9101; 

and 

(B) includes any public charter school that constitutes 

a local educational agency under State law. 

(15) READING.—The term ‘‘reading’’ means a complex system of deriving meaning from print that is developmentally appropriate and that requires all of the following: 

(A) The skills and knowledge to understand how phonemes, or speech sounds, are connected to print. 

(B) The ability to read with comprehension. 

(C) The ability to decode unfamiliar words with fluency. 

(D) The use of background knowledge and vocabulary 

to make meaning from a text. 

(E) The development and use of appropriate active 

strategies to interpret and construct meaning from print. 

(F) The development and maintenance of a motivation 

to read. 

(16) SCIENTIFICALLY VALID RESEARCH.—The term ‘‘scientifically valid research’’ has the meaning given the term in section 

200 of the Higher Education Act of 1965 (20 U.S.C. 1021). 

(17) SCREENING ASSESSMENT.—The term ‘‘screening assessment’’ means an assessment that is— 

(A) valid, reliable, and based on scientifically based 

reading research; and 

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(B) a brief procedure designed as a first step in identifying children who may be at high risk for delayed development or academic failure and in need of further diagnosis 

of their need for special services or additional reading instruction. 

(18) STATE.—The term ‘‘State’’ means each of the 50 States, 

the District of Columbia, and the Commonwealth of Puerto 

Rico. 

(19) STATE LITERACY LEADERSHIP TEAM.— 

(A) IN GENERAL.—The term ‘‘State literacy leadership 

team’’ means a team that— 

(i) is appointed and coordinated by the State educational agency; 

(ii) assumes the responsibility to guide the improvement or development and implementation of a 

statewide, comprehensive literacy plan; 

(iii) shall include, at a minimum— 

(I) a school principal with literacy expertise; 

(II) a teacher with literacy expertise; 

(III) a teacher or administrator with expertise 

in special education; 

(IV) a teacher or administrator with expertise 

in teaching the English language to English learners; 

(V) a representative from the State educational 

agency who oversees literacy initiatives; and 

(VI) a representative from higher education 

who is actively involved in research, development, 

or teacher preparation in comprehensive literacy 

instruction and intervention based on scientifically 

valid research; 

(iv) may include— 

(I) a literacy specialist serving in a school district within the State; 

(II) a literacy coach; 

(III) a librarian; 

(IV) a representative with family literacy expertise; 

(V) a representative from a State child-serving 

agency with expertise in comprehensive language 

and literacy instruction and strategies; 

(VI) a school counselor; 

(VII) a teacher of a core academic subject; 

(VIII) a special education administrator; 

(IX) a professor from a 4-year institution of 

higher education; 

(X) a parent; 

(XI) a business leader; 

(XII) the Governor or a delegated representative of the Governor; 

(XIII) a representative from the State board of 

education; 

(XIV) a representative from the State legislature; 

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(XV) a representative of a nonprofit and community-based organization providing comprehensive literacy instruction and support; and 

(XVI) a representative from a school district 

superintendent’s office; and 

(v) shall include, among the individuals selected to 

be members of the council pursuant to clauses (iii) and 

(iv), not less than 5 individuals who have literacy expertise in 1 of each of the areas of— 

(I) birth through kindergarten entry, such as 

the State Head Start collaboration director; 

(II) kindergarten entry through grade 3; 

(III) grades 4 through 12; 

(IV) English learners; and 

(V) special education. 

(B) INCLUSION OF A PREEXISTING PARTNERSHIP.—If, before the date of enactment of the Strengthening America’s 

Schools Act of 2013, a State educational agency established 

a consortium, partnership, or any other similar body that 

was considered a literacy partnership for purposes of subpart 1 or 2 of part B of title I (as such title was in effect 

on such date) and that includes the individuals required 

under clauses (iii) and (v) of subparagraph (A), such consortium, partnership, or body may be considered a State literacy leadership team for purposes of subparagraph (A). 

(20) SUMMATIVE ASSESSMENT.—The term ‘‘summative assessment’’ means an assessment that— 

(A) is valid, reliable, and based on scientifically valid 

research on literacy and English language acquisition; and 

(B) for children from birth through kindergarten entry, 

measures how young children have progressed over time 

relative to developmental norms, and for children in kindergarten through grade 12, measures what children have 

learned over time, relative to academic content standards. 

(21) WRITING.—The term ‘‘writing’’ means— 

(A) composing meaning in print or through other 

media, including technologies, to communicate and to create new knowledge in ways appropriate to the context of the 

writing and the literacy development stage of the writer; 

(B) composing ideas individually and collaboratively in 

ways that are appropriate for a variety of purposes, audiences, and occasions; 

(C) choosing vocabulary, tone, genre, and conventions, 

such as spelling and punctuation, suitable to the purpose, 

audience, and occasion; and 

(D) revising compositions for clarity of ideas, coherence, 

logical development, and precision of language use. 

SEC. 4104. PROGRAM AUTHORIZED. 

(a) RESERVATIONS AND AWARDS TO STATE EDUCATIONAL AGENCIES.— 

(1) IN GENERAL.—From the amounts appropriated to carry 

out this subpart for a fiscal year, the Secretary shall— 

(A) reserve not more than a total of 4 percent of such 

amounts for dissemination of information and technical assistance under section 4110; 

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(B) reserve not more than 5 percent of such amounts to 

award planning grants, on a competitive basis, to State 

educational agencies serving States, in accordance with section 4105; 

(C) in the case of a fiscal year for which the amounts 

appropriated to carry out this subpart are less than 

$500,000,000, use the amount not reserved under subparagraphs (A) and (B) to make awards, on a competitive basis, 

to State educational agencies serving States that have applications approved under section 4106 to enable the State 

educational agencies to carry out the activities described in 

section 4106(a)(1); and 

(D) in the case of a fiscal year for which the amounts 

appropriated to carry out this subpart are equal to or exceed $500,000,000— 

(i) reserve a total of 1 percent of such amount for— 

(I) allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among such outlying areas on the basis of 

their relative need, as determined by the Secretary 

in accordance with the purposes of this subpart; 

and 

(II) the Secretary of the Interior for programs 

under sections 4105 through 4109 in schools operated or funded by the Bureau of Indian Education; 

and 

(ii) use the amount not reserved under clause (i) 

and subparagraphs (A) and (B) to make awards, as described in paragraph (2), to State educational agencies 

serving States that have applications approved under 

section 4106 to enable the State educational agencies to 

carry out the activities described in section 4106(a). 

(2) SPECIAL RULES FOR YEARS WITH FUNDS EQUAL OR EXCEEDING $500,000,000.— (A) PROPORTIONAL DIVISION.—In each fiscal year described in paragraph (1)(D), the amount reserved under 

paragraph (1)(D)(i) shall be divided between the uses described in subclauses (I) and (II) of such paragraph in the 

same proportion as the amount reserved under section 

1121(a) is divided between the uses described in paragraphs (1) and (2) of such section for such fiscal year. 

(B) CONSULTATION.—A State educational agency that 

receives an allotment under paragraph (1)(D)(ii) shall engage in timely and meaningful consultation with representatives of Indian tribes located in the State in order to improve the coordination and quality of activities designed to 

develop effective approaches to achieve the purposes of this 

subpart consistent with the cultural, language, and educational needs of Indian children. 

(C) STATE ALLOTMENT FORMULA.—The Secretary shall 

allot the amount made available under paragraph (1)(D)(ii) 

for a fiscal year among the States in proportion to the number of children, from birth through age 17, who reside within the State and are from families with incomes below the 

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poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such 

children who reside in all States for that fiscal year. 

(3) MINIMUM AWARD AMOUNT.—No State educational agency receiving an award under this section for a fiscal year may 

receive less than one-fourth of 1 percent of the total amount appropriated to carry out this subpart for the fiscal year. 

(4) PUERTO RICO.—The amount allotted under paragraph 

(1)(C) to the Commonwealth of Puerto Rico for a fiscal year 

may not exceed one-fourth of 1 percent of the total amount appropriated to carry out this subpart for such fiscal year. 

(b) PEER REVIEW.— 

(1) IN GENERAL.—The Secretary shall convene a peer review 

panel to evaluate the applications to carry out section 4105 or 

4106 using the evaluation criteria described in paragraph (2). 

(2) DEVELOPMENT OF EVALUATION CRITERIA.—The Secretary 

shall report to the authorizing committees regarding the peer 

review process and evaluation criteria that shall be used to 

evaluate the grant applications to carry out sections 4105 and 

4106. 

(3) MEMBERSHIP.— (A) COMPOSITION.—A peer review panel convened 

under paragraph (1) shall be composed of not less than 9 

members, of whom— 

(i) 3 shall be appointed by the Secretary; 

(ii) 3 shall be appointed by the Secretary from 

among individuals— 

(I) recommended by the Chairman of the National Research Council of the National Academy 

of Sciences; and 

(II) with expertise in comprehensive language 

and literacy instruction and strategies; and 

(iii) 3 shall be appointed by the Secretary from 

among individuals— 

(I) recommended by the Director of the Eunice 

Kennedy Shriver National Institute of Child 

Health and Human Development; and 

(II) with expertise concerning literacy development in children from birth through grade 12. 

(B) COMPETENCY AND EXPERTISE.—The peer review 

panel convened under paragraph (1) may include— 

(i) classroom teachers with expertise in literacy, 

and literacy coaches, including— 

(I) special education teachers; 

(II) teachers of children who are English 

learners; and 

(III) early childhood educators; 

(ii) experts who provide high-quality professional 

development to teachers and other instructional staff to 

support children’s literacy development; 

(iii) experts in the screening assessment, diagnostic 

assessment, and other assessment of children’s literacy 

development; and 

(iv) experts in comprehensive literacy instruction 

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opment, and English language acquisition, as appropriate, including reading and writing in core academic 

subjects. 

(4) DISTRIBUTION OF RECOMMENDATIONS.—Not later than 

120 days after a peer review panel submits to the Secretary the 

panel’s recommendation regarding an application by a State 

educational agency for a grant under section 4105 or 4106, the 

Secretary shall notify the State educational agency that the application has been approved or disapproved and shall provide 

to such State educational agency a copy of the peer review panel’s recommendation. 

(c) CONFLICTS OF INTEREST.— 

(1) PEER REVIEW PANELS.—The Secretary shall ensure that 

each member of a peer review panel described in subsection (b) 

does not stand to benefit financially from a grant or subgrant 

awarded under this subpart. 

(2) STATE LITERACY LEADERSHIP TEAMS.—Each State educational agency that receives funding under this subpart shall 

ensure that each member of a State literacy leadership team 

participating in a program or activity assisted under this subpart does not stand to benefit financially from a grant or 

subgrant awarded under this subpart. 

(d) SUPPLEMENT NOT SUPPLANT.—Award funds provided under 

this subpart shall supplement, and not supplant, non-Federal funds 

that would, in the absence of such award funds, be made available 

for literacy instruction and support of children participating in programs assisted under this subpart. 

(e) MAINTENANCE OF EFFORT.—Each State educational agency 

that receives a grant or allotment under this section, and each eligible entity that receives a subgrant under section 4108 or 4109, shall 

maintain for the fiscal year for which the grant or subgrant is received and for each subsequent fiscal year the expenditures of the 

State educational agency or eligible entity, respectively, for literacy 

instruction at a level not less than the level of such expenditures 

maintained by the State educational agency or eligible entity, respectively, for the fiscal year preceding such fiscal year for which 

the grant or subgrant is received. 

SEC. 4105. STATE PLANNING GRANTS. 

(a) PLANNING GRANTS AUTHORIZED.— 

(1) IN GENERAL.—From amounts made available under section 4104(a)(1)(B), the Secretary may award planning grants to 

State educational agencies to enable the State educational agencies to complete comprehensive planning to carry out activities 

that improve literacy for children from birth through grade 12. 

(2) GRANT PERIOD.—A planning grant awarded under this 

section shall be for a period of not more than 1 year. 

(3) NONRENEWABILITY.—The Secretary shall not award a 

State educational agency more than 1 planning grant under 

this section. 

(b) APPLICATION.— 

(1) IN GENERAL.—Each State educational agency desiring a 

planning grant under this section shall submit an application 

to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. 

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(2) CONTENTS.—Each application submitted under this 

subsection shall, at a minimum, include a description of how 

the State educational agency will develop a plan for improving 

State efforts to develop, coordinate, implement, and assess comprehensive literacy activities that ensure high-quality instruction and effective strategies in reading and writing for all children in early learning programs and kindergarten through 

grade 12 programs. Such plan shall— 

(A) describe the activities for which assistance under 

this section is sought, demonstrating a particular focus on 

children who are reading or writing below grade level and 

children whose early literacy skills are below the appropriate age or developmental level; 

(B) provide a budget for the use of the planning grant 

funds to complete the required activities described in subsection (c); 

(C) include an analysis of data on child literacy and 

language and student academic achievement in reading to 

identify and establish baseline and benchmark levels 

against which to monitor child progress and improvement 

in literacy; and 

(D) provide an assurance that all State agencies responsible for administering early learning programs and 

services (including the State Head Start Collaboration Office and the State agency responsible for administering 

child care) and the State Advisory Council on Early Childhood Education and Care collaborated with the State educational agency to write the early learning portion of the 

grant application submitted under this subsection. 

(3) APPROVAL OF APPLICATIONS.—The Secretary shall evaluate applications under this subsection based on the quality of 

the response of the applications to the requirements under this 

subsection. 

(c) REQUIRED ACTIVITIES.—A State educational agency receiving planning grant funds under this section shall carry out each of 

the following activities: 

(1) Reviewing reading, writing, or other language and literacy resources and programs, such as school library programs, 

and data across the State to identify any literacy needs and 

gaps in the State. 

(2) Forming or designating a State literacy leadership team 

which shall execute the following functions: 

(A) Creating a comprehensive State literacy plan that— 

(i) is designed to improve language development, 

reading, writing, and academic achievement for children, especially children reading below grade level and 

children whose literacy skills are below the appropriate 

age or developmental level; 

(ii) includes— 

(I) a needs assessment and an implementation 

plan, including an analysis of data on child literacy and student academic achievement in reading to identify baseline and benchmark levels of 

literacy and early literacy skills in order to monitor progress and improvement; and 

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(II) a plan to improve reading achievement 

among all children; 

(iii) ensures high-quality instruction, consistent 

with the characteristics of effective literacy instruction 

and strategies, in early learning programs and kindergarten through grade 12 programs; and 

(iv) provides for activities designed to improve literacy achievement for children who read or write below 

grade level, including such children who— 

(I) attend schools identified as priority schools 

under section 1116(d); or 

(II) are counted under section 1124(c). 

(B) Providing recommendations to guide the State educational agency in the State educational agency’s process of 

strengthening State literacy standards and embedding 

State literacy standards with the State’s college and career 

ready academic content standards and college and career 

ready student academic achievement standards, and early 

learning and development standards (including, if required 

under section 1111(a)(1)(F), the early learning guidelines 

and early grade standards described in such section). 

(C) Providing recommendations to guide the State educational agency in the State educational agency’s process of 

measuring, assessing, and monitoring progress in literacy 

at the school, local educational agency, and State levels. 

(D) Identifying criteria for high-quality professional development providers, which providers may include qualified 

teachers within the State, for the State educational agency 

and local educational agencies. 

(E) Advising the State educational agency on how to 

help ensure that local educational agencies and schools 

provide timely and appropriate data to teachers to inform 

and improve instruction. 

(F) Providing recommendations to guide the State educational agency in the State educational agency’s planning 

process of building educators’ capacity to provide highquality comprehensive literacy instruction. 

SEC. 4106. STATE IMPLEMENTATION GRANTS. 

(a) IMPLEMENTATION GRANTS AUTHORIZED.— (1) IN GENERAL.—From amounts made available under 

subparagraph (C) or (D)(ii) of section 4104(a)(1) (as applicable), 

the Secretary shall award implementation grants to State educational agencies to enable the State educational agencies— 

(A) to implement the comprehensive literacy plan that 

meets the criteria in section 4105(c)(2)(A) for early learning 

programs and kindergarten through grade 12 programs; 

(B) to carry out State activities under section 4107; and 

(C) to award subgrants under sections 4108 and 4109. 

(2) LIMITATION.—The Secretary shall not award an implementation grant under this section to a State for any year for 

which the State has received a planning grant under section 

4105. 

(3) DURATION OF GRANTS.—An implementation grant under 

this section shall be awarded for a period of not more than 5 

years. 

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(4) RENEWALS.— 

(A) IN GENERAL.—The Secretary may renew a grant 

under this section for a period of not more than 2 years. 

(B) CONDITIONS.—In order to be eligible to have an implementation grant renewed under this paragraph, the 

State educational agency shall demonstrate to the satisfaction of the Secretary that, during the project period— 

(i) with respect to children from birth through kindergarten entry, the State educational agency has collaborated with the State agencies that oversee child 

care and other early learning programs, and has collaborated with the State Advisory Council on Early 

Childhood Education and Care, to comply with the 

terms of the grant, including using the funds— 

(I) to increase access to high-quality professional development; 

(II) for developmentally appropriate curricula 

and teaching materials; and 

(III) for developmentally appropriate classroom-based instructional assessments and developmentally appropriate screening assessments and 

diagnostic assessments; and 

(ii) with respect to children in kindergarten 

through grade 12, there has been significant progress 

in student academic achievement, as measured by appropriate assessments, including the assessments included in the State accountability system under section 

1111(a)(3)(A). 

(b) STATE APPLICATIONS.— 

(1) IN GENERAL.—A State educational agency that desires 

to receive an implementation grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The State educational agency shall collaborate with the 

State agency responsible for administering early learning programs and the State agency responsible for administering child 

care programs in the State in writing and implementing the 

early learning portion of the grant application under this subsection. 

(2) CONTENTS.—An application described in paragraph (1) 

shall include the following: 

(A) A description of the members of the State literacy 

leadership team and a description of how the State educational agency has developed a comprehensive State literacy plan, consistent with the requirements of section 

4105(c)(2)(A). 

(B) An implementation plan that includes a description 

of how the State educational agency will— 

(i) carry out the State activities described in section 4107; 

(ii) assist eligible entities with— 

(I) providing strategic and intensive comprehensive literacy instruction based on scientifically valid research for children who are reading 

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and writing below grade level, including 

through— 

(aa) the use of multi-tier systems of support; and 

(bb) addressing the literacy needs of children with disabilities or developmental delays 

and English learners in programs serving 

children from birth through grade 12; 

(II) providing training to parents, as appropriate, so that the parents can participate in the 

literacy related activities described in sections 

4108 and 4109 to assist in the language and literacy development of their children; 

(III) selecting and using reading and writing 

assessments; 

(IV) providing classroom-based instruction 

that is supported by one-to-one and small group 

work; 

(V) using curricular materials and instructional tools, which may include technology, to improve instruction and literacy achievement; 

(VI) providing for high-quality professional development; and 

(VII) using the principles of universal design 

for learning; 

(iii) ensure that local educational agencies in the 

State have leveraged and are effectively leveraging the 

resources needed to implement effective comprehensive 

literacy instruction, and have the capacity to implement literacy initiatives effectively; and 

(iv) continually coordinate and align the activities 

assisted under this subpart with reading, writing, and 

other literacy resources and programs across the State 

and locally that serve children and their families and 

promote comprehensive literacy instruction and learning, including strengthening partnerships among 

schools, libraries, local youth-serving agencies, and 

programs, in order to improve literacy for all children. 

(C) A description of the key data metrics, and the performance targets for such metrics, that will be used and reported annually, which shall include— 

(i) metrics established consistent with section 

1111(a)(3)(A), for children in grades 3 through 12; and 

(ii) the relevant program metrics and performance 

targets that the State shall use to monitor the implementation of the plan described in subparagraph (B). 

(D) An assurance that the State educational agency, 

and any eligible entity receiving a subgrant from the State 

educational agency under section 4108 or 4109, will, if requested, participate in the national evaluation under section 4110. 

(E) An assurance that the State educational agency 

will use implementation grant funds for literacy programs 

as follows: 

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(i) Not less than 10 percent of such grant funds 

shall be used for State and local programs and activities pertaining to children from birth through kindergarten entry. 

(ii) Not less than 30 percent of such grant funds 

shall be used for State and local programs and activities, allocated equitably among the grades of kindergarten through grade 5. 

(iii) Not less than 30 percent of such grant funds 

shall be used for State and local programs and activities, allocated equitably among grades 6 through 12. 

(iv) Not more than 10 percent of such implementation grant funds shall be used for the State activities 

described in section 4107. 

(F) An assurance that the State educational agency 

shall give priority to awarding a subgrant to an eligible entity— 

(i) under section 4108 based on the number or percentage of children younger than the age of kindergarten entry who are— 

(I) served by the eligible entity; and 

(II) from families with income levels below the 

poverty line; and 

(ii) under section 4109 based on— 

(I) the number or percentage of children from 

birth through age 17 who are— 

(aa) served by the eligible entity; and 

(bb) from families with income levels 

below the poverty line; and 

(II) the number or percentage of children in 

kindergarten through grade 12 served by the eligible entity who are reading and writing below 

grade level, according to State assessments. 

(c) APPROVAL OF APPLICATIONS.— (1) IN GENERAL.—The Secretary shall evaluate State educational agency applications under subsection (b) based on the 

quality of the response of the applications to the application requirements under such subsection. 

(2) PEER REVIEW.—The Secretary shall convene a peer review panel in accordance with section 4104(b) to evaluate applications for each implementation grant awarded to a State educational agency under this section. 

(3) EARLY LEARNING.—In order for a State educational 

agency’s application under this section to be approved by the 

Secretary, the application shall contain an assurance that the 

State agencies responsible for administering early learning programs and services, including the State agency responsible for 

administering child care programs, and, as applicable, the 

State Advisory Council on Early Childhood Education and 

Care, approve of and will be extensively consulted in the implementation of activities consistent with section 4108, with respect 

to the early learning portion of the application. 

SEC. 4107. STATE ACTIVITIES. 

(a) REQUIRED ACTIVITIES.—A State educational agency shall 

use the implementation grant funds described in section 

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4106(b)(2)(E)(iv) to carry out the activities proposed in a State’s implementation plan under section 4106(b)(2)(B), including the following activities: 

(1) In consultation with the State literacy leadership team, 

providing technical assistance, or engaging qualified providers 

to provide technical assistance, to eligible entities to enable the 

eligible entities to design and implement literacy programs 

under section 4108 or 4109. 

(2) Consulting with the State literacy leadership team and 

coordinating with institutions of higher education in the 

State— 

(A) in order to provide recommendations to strengthen 

and enhance preservice courses for students preparing, at 

institutions of higher education in the State, to teach children from birth through grade 12 in explicit, systematic, 

and intensive instruction in evidence-based literacy methods; and 

(B) by following up on reviews completed by the State 

literacy leadership team with recommendations to ensure 

that such institutions offer courses that meet the highest 

standards. 

(3) Reviewing and updating, in collaboration with teachers, 

statewide educational and professional organizations representing teachers, and statewide educational and professional 

organizations representing institutions of higher education, 

State licensure or certification standards in the area of literacy 

instruction in early education through grade 12. 

(4) Making publicly available, including on the State educational agency’s website, information on promising instructional practices to improve child literacy achievement. 

(b) PERMISSIVE ACTIVITIES.—After carrying out the activities 

described in subsection (a), a State educational agency may use remaining implementation grant funds described in section 

4106(b)(2)(E)(iv) to carry out 1 or more of the following activities: 

(1) Training the personnel of eligible entities to use data 

systems to improve child literacy learning. 

(2) Developing literacy coach training programs and training literacy coaches. 

(3) Building public support among local educational agency 

personnel, early learning programs, and the community for 

comprehensive literacy instruction for children from birth 

through grade 12. 

(4) Administration and evaluation of activities carried out 

under this subpart. 

SEC. 4108. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF BIRTH 

THROUGH KINDERGARTEN ENTRY LITERACY. 

(a) SUBGRANTS.— 

(1) IN GENERAL.—A State educational agency, in consultation with the State agencies responsible for administering early 

learning programs and services, including the State agency responsible for administering child care programs, and, as applicable, the State Advisory Council on Early Childhood Education and Care, shall use a portion of implementation grant 

funds provided under subparagraph (C) or (D)(ii) of section 

4104(a)(1) to award subgrants, on a competitive basis, to eligimstockstill on DSK4VPTVN1PROD with HEARINGS

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ble entities to enable the eligible entities to support high-quality 

early literacy initiatives for children from birth through kindergarten entry. 

(2) DURATION.—The term of a subgrant under this section 

shall be determined by the State educational agency awarding 

the subgrant. 

(b) SUFFICIENT SIZE AND SCOPE.—Each subgrant awarded 

under this section shall be of sufficient size and scope to allow the 

eligible entity to carry out high-quality early literacy initiatives for 

children from birth through kindergarten entry. 

(c) LOCAL APPLICATIONS.—An eligible entity desiring to receive 

a subgrant under this section shall submit an application to the 

State educational agency, at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include a description of— 

(1) how the subgrant funds will be used to enhance the language and literacy development and school readiness of children, from birth through kindergarten entry, in early learning 

programs, which shall include an analysis of data that support 

the proposed use of subgrant funds; 

(2) the programs that the eligible entity proposes to assist 

under the subgrant, including demographic and socioeconomic 

information on the children enrolled in the programs; 

(3) a budget for the eligible entity that projects the cost of 

developing and implementing literacy initiatives to carry out 

the activities described in subsection (e); 

(4) how, if the eligible entity is requesting a planning period, which shall not exceed 1 year, the eligible entity will use 

that planning period to prepare for successful implementation 

of a plan to support the development of learning and literacy 

consistent with the purposes of this subpart; 

(5) the literacy initiatives, if any, in place and how these 

initiatives will be coordinated and integrated with activities 

supported under this section; 

(6) how the subgrant funds will be used to prepare and provide ongoing assistance to staff in the programs, through highquality professional development; 

(7) how the subgrant funds will be used to provide services, 

incorporate activities, and select and use literacy instructional 

materials that— 

(A) meet the diverse developmental and linguistic needs 

of children, including English learners and children with 

disabilities and developmental delays; and 

(B) are based on scientifically valid research on child 

development and learning for children from birth through 

kindergarten entry; 

(8) how the subgrant funds will be used to provide screening assessments, diagnostic assessments, classroom-based instructional assessments, and assessments of developmental 

progress; 

(9) how families and caregivers will be involved, as appropriate, in supporting their child’s literacy development, instruction, and assessment; 

(10) how the subgrant funds will be used to help children, 

particularly children experiencing difficulty with spoken and 

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written language, to make the transition from early learning 

programs to formal classroom instruction; 

(11) how the activities assisted under the subgrant will be 

coordinated with comprehensive literacy instruction at the kindergarten through grade 12 levels; 

(12) how the subgrant funds will be used— 

(A) to evaluate the success of the activities assisted 

under the subgrant in enhancing the early language and 

literacy development of children from birth through kindergarten entry; and 

(B) to evaluate data for program improvement; and 

(13) such other information as the State educational agency 

may require. 

(d) APPROVAL OF LOCAL APPLICATIONS.—The State educational 

agency, in consultation with the State agencies responsible for administering early learning programs, including the State agency responsible for administering child care programs and the State Advisory Council on Early Childhood Education and Care, shall— 

(1) select applications for funding under this section based 

on the quality of the applications submitted, including the relationship between literacy activities proposed and the research 

base or data supporting such investments, as appropriate, and 

the recommendations of— 

(A) the State literacy leadership team; and 

(B) other experts in the area of early literacy; and 

(2) place priority for funding programs based on the criteria in section 4106(b)(2)(F). 

(e) LOCAL USES OF FUNDS.— (1) IN GENERAL.—An eligible entity that receives a subgrant 

under this section shall use the subgrant funds, consistent with 

the entity’s approved application under subsection (c), to— 

(A) enhance and improve early learning programs to 

ensure that children in such programs are provided with 

high-quality oral language and literature- and print-rich 

environments in which to develop early literacy skills; 

(B) carry out high-quality professional development opportunities for early childhood educators, teachers, and instructional leaders; 

(C) acquire, provide training for, and implement 

screening assessments, diagnostic assessments, and classroom-based instructional assessments; 

(D) select, develop, and implement a multi-tier system 

of support; 

(E) integrate research-based instructional materials, 

activities, tools, and measures into the programs offered by 

the eligible entity to improve development of early learning 

language and literacy skills; 

(F) train providers and personnel to support, develop, 

and administer high-quality early learning literacy initiatives that— 

(i) utilize data— 

(I) to inform instructional design; and 

(II) to assess literacy needs; and 

(ii) provide time and support for personnel to meet 

to plan comprehensive literacy instruction; 

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(G) provide family literacy services, as appropriate, 

and educate parents, teachers, and other caregivers about 

child literacy development; 

(H) annually collect, summarize, and report to the 

State educational agency data— 

(i) to document child progress in early literacy and 

language skills development as a result of activities 

carried out under this section; 

(ii) to stimulate and accelerate improvement by 

identifying the programs served by the eligible entity 

that produce significant gains in skills development; 

and 

(iii) for all subgroups of children and categories of 

children, including children in the subgroups described 

in section 1111(a)(2)(B)(x), in a manner that— 

(I) utilizes a variety of measures of child literacy and language skills development; and 

(II) is consistent across the State; and 

(I) coordinate the involvement of families, early learning program staff, principals, other instructional leaders, 

and teachers in the literacy development of children served 

under this subpart. 

(2) CURRICULA AND ASSESSMENT MATERIALS LIMITATION.— 

Each eligible entity that receives a subgrant under this section 

shall not use more than 20 percent of the subgrant funds in the 

first year of subgrant funding, and not more than 10 percent of 

the subgrant funds in each year thereafter, to purchase curricula and assessment materials. 

(f) PROHIBITION.—The use of assessment items and data on any 

assessment authorized under this section to provide rewards or 

sanctions for individual children, early learning program providers, 

teachers, program directors, or principals is prohibited. 

SEC. 4109. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF KINDERGARTEN THROUGH GRADE 12 LITERACY. 

(a) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

(1) SUBGRANTS.—A State educational agency shall use a 

portion of the implementation grant funds provided under subparagraph (C) or (D)(ii) of section 4104(a)(1) to award subgrants, on a competitive basis, to eligible entities to enable the 

eligible entities to carry out the authorized activities described 

in subsections (b) and (c). 

(2) SUFFICIENT SIZE AND SCOPE.—A State educational 

agency shall award subgrants under this section of sufficient 

size and scope to allow the eligible entities to carry out highquality literacy initiatives in each grade level for which the 

subgrant funds are provided. 

(3) LOCAL APPLICATIONS.—An eligible entity desiring to receive a subgrant under this section shall submit an application 

to the State educational agency at such time, in such manner, 

and containing such information as the State educational agency may require. Such application shall include, for each school 

that the eligible entity identifies as participating in a subgrant 

program under this section, the following information: 

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(A) A description of the eligible entity’s capacity to 

identify how subgrant funds will be used to inform and improve comprehensive literacy instruction at the school. 

(B) How the school, local educational agency, or a provider of high-quality professional development will provide 

ongoing high-quality professional development to all teachers, including early childhood educators, principals, and 

other instructional leaders served by the school, including 

early learning program administrators. 

(C) How the school will identify children in need of literacy interventions or other support services and provide 

appropriate scientifically valid instructional interventions 

or other support services which may include extended 

learning time for struggling children. 

(D) A budget for the school that projects the cost of developing and implementing literacy initiatives to carry out 

the activities described in subsections (b) and (c) as applicable. 

(E) An explanation of how the school will integrate 

comprehensive literacy instruction into core academic subjects. 

(F) A description of how the school will coordinate 

comprehensive literacy instruction with early learning and 

before- and after-school programs and activities in the area 

served by the local educational agency, such as school library programs. 

(G) A description of the assessments that will be used 

in an assessment system to improve comprehensive literacy 

instruction and track child literacy progress. 

(H) A description of how families and caregivers will 

be involved in supporting their children’s literacy instruction and assessment. 

(I) A description of how, if an eligible entity is requesting a planning period, the eligible entity will use that planning period to prepare for successful implementation of a 

plan to support the development of learning and literacy 

consistent with the purposes of this subpart. 

(J) A description of the literacy initiatives, if any, in 

place and how these initiatives will be coordinated and integrated with activities supported under this section. 

(K) An assurance that the eligible entity will, if requested, participate in the national evaluation described in 

section 4110. 

(b) LOCAL USES OF FUNDS FOR KINDERGARTEN THROUGH

GRADE 5.—An eligible entity that receives a subgrant under this section shall use the subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 5: 

(1) Developing and implementing a literacy plan across 

content areas that— 

(A) serves the needs of all children, including children 

with disabilities and English learners, especially children 

who are reading or writing below grade level; 

(B) provides intensive, supplemental, accelerated, and 

explicit intervention and support in reading and writing for 

children whose literacy skills are below grade level; and 

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(C) supports activities that are provided primarily during the regular school day but which may be augmented by 

after-school and out-of-school time instruction. 

(2) Acquiring, providing training for, selecting, and administering assessments, and managing, monitoring, and planning 

instruction based on the assessment data. 

(3) Providing high-quality professional development opportunities for teachers, literacy coaches, literacy specialists, 

English as a second language specialists (as appropriate), principals, and other program staff. 

(4) Training principals, specialized instructional support 

personnel, and other school district personnel to support, develop, administer, and evaluate high-quality kindergarten 

through grade 5 literacy initiatives that— 

(A) utilize data— 

(i) to inform instructional decisions; and 

(ii) to assess professional development needs; and 

(B) provide time and support for teachers and other instructional staff to meet to plan comprehensive literacy instruction. 

(5) Coordinating the involvement of early learning program 

staff, principals, other instructional leaders, teachers, teacher 

literacy teams, English as a second language specialists (as appropriate), special educators, and school librarians in the literacy development of children served under this subpart. 

(6) Engaging families and encouraging family literacy experiences and practices to support literacy development. 

(7) Annually collecting, summarizing, and reporting to the 

State educational agency data— 

(A) to document and monitor for the purpose of improving practice, improvements, or increases in children’s reading and writing pursuant to activities carried out under 

this section; 

(B) to stimulate and accelerate improvement by identifying the schools that produce significant gains in literacy 

achievement; and 

(C) for all children and categories of children, including the subgroups of children described in section 

1111(a)(2)(B)(x), in a manner that utilizes a variety of 

measures and that is consistent across the State. 

(c) LOCAL USES OF FUNDS FOR GRADES 6 THROUGH 12.—An eligible entity that receives a subgrant under this section shall use 

subgrant funds to carry out the following activities pertaining to 

children in grades 6 through 12: 

(1) Developing and implementing a literacy plan described 

in paragraphs (1), (2), (3), (6), and (7) of subsection (b) for children in grades 6 through 12. 

(2) Training principals, specialized instructional support 

personnel, and other instructional leaders to support, develop, 

administer, and evaluate high-quality adolescent literacy initiatives that— 

(A) utilize data— 

(i) to inform instructional decisions and allow for 

personalization of instruction based on a child’s need; 

and 

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(ii) to assess professional development needs; 

(B) assess the quality of adolescent comprehensive literacy instruction in core academic subjects, and career and 

technical education subjects where such career and technical education subjects provide for the integration of core 

academic subjects; 

(C) provide time for teachers to meet to plan researchbased adolescent comprehensive literacy instruction in core 

academic subjects, and career and technical education subjects where such career and technical education subjects 

provide for the integration of core academic subjects; and 

(D) include explicit instruction in discipline-specific 

thinking and how to read and interpret discipline-specific 

text structures and features. 

(3) Coordinating the involvement of principals, other instructional leaders, teachers, teacher literacy teams, English as 

a second language specialists (as appropriate), special educators, and school librarians in the literacy development of children served under this subpart. 

(d) ALLOWABLE USES.—An eligible entity that receives a 

subgrant under this section may, in addition to carrying out the activities described in subsections (b) and (c), use subgrant funds to 

carry out the following activities pertaining to children in kindergarten through grade 12: 

(1) Providing a planning period of not more than 1 year for 

eligible entities to establish the elements necessary for successful 

implementation of a literacy program for kindergarten through 

grade 12. 

(2) Recruiting, placing, training, and compensating literacy 

coaches. 

(3) Connecting out-of-school learning opportunities to inschool learning in order to improve the literacy achievement of 

the children. 

(4) Training families and caregivers to support the improvement of adolescent literacy. 

(5) Providing for a multi-tier system of support. 

(6) Forming a school literacy leadership team to help implement, assess, and identify necessary changes to the literacy initiatives in 1 or more schools to ensure success. 

(7) Providing high-quality, literacy-rich environments that 

engage children with materials and experiences at the children’s reading and writing levels. 

(8) Providing time for teachers (and other literacy staff, as 

appropriate, such as school librarians) to meet to plan comprehensive literacy instruction. 

(e) LIMITATION OF USE TO CERTAIN SCHOOLS.—An eligible entity receiving a subgrant under this section shall, in distributing the 

subgrant funds, provide the subgrant funds only to schools, including public charter schools, that have the highest percentages or 

numbers of children counted under section 1124(c). 

SEC. 4110. NATIONAL EVALUATION, INFORMATION DISSEMINATION, 

AND TECHNICAL ASSISTANCE. 

(a) NATIONAL EVALUATION.— 

(1) IN GENERAL.—From the amount reserved in accordance 

with section 9601, the Secretary shall enter into a contract with 

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an organization independent of the Department for a 5-year national evaluation of the grant and subgrant programs assisted 

under this subpart. Such evaluation shall include scientifically 

valid research that applies rigorous and systematic procedures 

to obtain valid knowledge relevant to the implementation and 

effect of the programs. 

(2) CONTENTS OF EVALUATION.—The evaluation described 

in this subsection shall include an analysis of each of the following: 

(A) The impact of the implementation of literacy initiatives and practices supported under this subpart on— 

(i) increasing academic outcomes, including child 

literacy development in reading and writing, and 

speaking (as appropriate), grade promotion, and graduation to the extent predictable; 

(ii) promoting the appropriate early literacy development of young children; and 

(iii) strengthening the literacy skills of English 

learners and children with disabilities. 

(B) The fidelity of implementation of core program features, such as coherence of the program across grades, 

quality of technical assistance, State and local educational 

agency leadership, professional development for teachers 

and administrators, use of quality materials and pedagogy, 

and use of assessment. 

(C) The relationship between implementation of core 

features and children’s academic outcomes. 

(D) Other inquiries as designated by the Secretary, 

such as— 

(i) the core functions of literacy initiatives that 

have demonstrated the greatest impact on child literacy 

achievement, especially among children reading below 

grade level; 

(ii) effective strategies to integrate State and local 

standards, curricula, assessments, instruction, materials, and interventions to improve literacy; 

(iii) the types of literacy activities and professional 

development that most effectively improve the early 

reading, writing, and language skills of children from 

birth through kindergarten entry; 

(iv) the impact of adolescent literacy initiatives on 

adolescent motivation, engagement, and participation 

in adolescent literacy activities; 

(v) the relationship between children’s literacy 

achievement and secondary school success, including 

improving graduation rates; and 

(vi) effective strategies to integrate school and public library programs to improve literacy. 

(3) PROGRAM IMPROVEMENT.—The Secretary shall— 

(A) provide the findings of the evaluation conducted 

under this section to State educational agencies and 

subgrant recipients for use in program improvement; 

(B) make such findings publicly available, including 

on the Department’s website; and 

(C) submit such findings to the authorizing committees. 

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(b) INFORMATION DISSEMINATION AND TECHNICAL ASSISTANCE.— 

(1) IN GENERAL.—From amounts reserved under section 

4104(a)(1)(A), the Secretary, in collaboration with the regional 

educational laboratories established under section 174 of the 

Education Sciences Reform Act of 2002, the comprehensive centers established under section 203 of the Educational Technical 

Assistance Act of 2002, and the Director of the Eunice Kennedy 

Shriver National Institute of Child Health and Human Development, shall— 

(A) distribute information on— 

(i) comprehensive literacy instruction, including 

best practices and model programs identified in the 

evaluation; 

(ii) other inquiries designated by the Secretary 

under subsection (a)(2)(D); or 

(iii) other relevant Federal studies of literacy activities; and 

(B) provide technical assistance in order to assist 

States and local educational agencies in improving comprehensive literacy instruction and learning. 

(2) DISSEMINATION AND COORDINATION.—The Secretary 

shall disseminate the information described in paragraph (1)(A) 

to— 

(A) recipients of Federal financial assistance under this 

subpart, the Head Start Act, the Individuals with Disabilities Education Act, and the Adult Education and Family 

Literacy Act; and 

(B) each Bureau-funded school (as defined in section 

1141 of the Education Amendments of 1978 (25 U.S.C. 

2021)). 

(3) USE OF NETWORKS.—In carrying out this subsection, the 

Secretary shall, to the extent practicable, use information and 

dissemination networks developed and maintained through 

other public and private entities. 

SEC. 4111. RULES OF CONSTRUCTION. 

(a) CHILD ELIGIBILITY.—Nothing in this subpart shall be construed to prohibit children eligible for assistance under title I or III 

or children eligible for assistance under part B or C of the Individuals with Disabilities Education Act from receiving literacy instruction and intervention under this subpart. 

(b) IDEA EVALUATION.—The screening assessments, diagnostic 

assessments, and formative assessments of reading and writing authorized under this subpart shall not be construed to constitute an 

evaluation required under part B or C of the Individuals with Disabilities Education Act, except that assessments administered under 

this Act may be used in conjunction with other assessments as part 

of an evaluation under part B or C of the Individuals with Disabilities Education Act, provided that the respective evaluation requirements under part B or C of such Act are met. 

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Subpart 2—Improving Literacy and College and 

Career Readiness Through Effective School Library Programs 

SEC. 4113. PURPOSE. 

The purpose of this subpart is to improve students’ literacy 

skills and readiness for higher education and careers, by providing 

students with effective school library programs. 

SEC. 4114. DEFINITIONS. 

In this subpart: 

(1) EFFECTIVE SCHOOL LIBRARY PROGRAM.—The term ‘‘effective school library program’’ means a school library program 

that— 

(A) is staffed by a State certified or licensed school librarian; 

(B) has up-to-date books, materials, equipment, and 

technology (including broadband); 

(C) includes regular collaboration between classroom 

teachers and school librarians to assist with development 

and implementation of the curriculum and other school reform efforts; and 

(D) supports the development of digital literacy skills. 

(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) a local educational agency in which not less than 

20 percent of the students served by the local educational 

agency are from families with incomes below the poverty 

line; 

(B) a local educational agency that has a percentage of 

low-income children that is in the highest quartile among 

all local educational agencies in the State; or 

(C) a consortia of local educational agencies described 

in subparagraph (A) or (B). 

SEC. 4115. IMPROVING LITERACY AND COLLEGE AND CAREER READINESS THROUGH EFFECTIVE SCHOOL LIBRARY PROGRAM 

GRANTS. 

(a) GRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

(1) IN GENERAL.—From amounts appropriated under section 3(k) for this subpart, the Secretary shall award grants, on 

a competitive basis, to eligible entities to enable such entities to 

carry out the authorized activities described in subsection (b). 

(2) SUFFICIENT SIZE AND SCOPE.—The Secretary shall 

award grants under this section of sufficient size and scope to 

allow the eligible entities to carry out effective school library 

programs for which the grant funds are provided. 

(3) DISTRIBUTION.—The Secretary shall ensure that grants 

under this section are equitably distributed among the different 

geographic regions of the United States, and among eligible entities serving urban and rural areas. 

(4) DURATION.—A grant awarded under this section shall 

be for a period of 3 years. 

(5) LOCAL APPLICATIONS.—An eligible entity desiring to receive a grant under this section shall submit an application to 

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

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tion shall include, for each school that the eligible entity identifies as participating in a grant program under this section, the 

following information: 

(A) a needs assessment relating to the need for literacy 

improvement at all grade levels and the need for effective 

school library programs, based on the age and condition of 

school library resources, including— 

(i) book collections; 

(ii) access to advanced technology; 

(iii) the availability of well-trained, State-certified 

or licensed school librarians; and 

(iv) the current level of coordination and shared 

planning time among school librarians and classroom 

teachers; 

(B) a description of which grade spans will be served, 

and an assurance that funding will be distributed to serve 

students in elementary, middle, and high schools; 

(C) how the eligible entity will extensively involve 

school librarians, teachers, administrators, and parents in 

the activities assisted under this section, and the manner in 

which the eligible entity will carry out the activities described in subsection (b) using programs and materials 

that are grounded in scientifically valid research; 

(D) the manner in which the eligible entity will effectively coordinate the funds and activities provided under 

this section with Federal, State, and local funds and activities under this subpart and other literacy, library, technology, and professional development funds and activities, 

including those funded through the Institute of Museum 

and Library Services; and 

(E) the manner in which the eligible entity will collect 

and analyze data on the quality and impact of activities 

carried out under this section by schools served by the eligible entity. 

(b) LOCAL ACTIVITIES.—Funds under this section may be used 

to develop and enhance effective school library programs, which 

may include activities to— 

(1) acquire up-to-date school library resources, including 

books and reading materials that— 

(A) are appropriate for students in all grade levels to 

be served and for students with special learning needs, including students who are English learners; and 

(B) engage the interest of readers at all reading levels; 

(2) acquire and use advanced technology, incorporated into 

the curricula of the school, to develop and enhance the digital 

literacy skills of students; 

(3) facilitate Internet links and other resource-sharing networks among schools and school libraries, and public and academic libraries, where possible; 

(4) provide— 

(A) professional development in the acquisition of digital literacy skills and literacy instruction that is appropriate for all grades, including the assessment of student 

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struction across content areas, and training in literacy 

strategies in all content areas for school librarians; and 

(B) activities that foster increased collaboration among 

school librarians, teachers, and administrators; and 

(5) provide students with access to school libraries during 

nonschool hours, including the hours before and after school, 

during weekends, and during summer vacation periods. 

(c) SUPPLEMENT NOT SUPPLANT.—Funds made available under 

this section shall be used to supplement, and not supplant, other 

Federal, State, and local funds expended to carry out activities relating to library, technology, or professional development activities. 

(d) ACCOUNTABILITY AND REPORTING.—Each eligible entity that 

receives funds under this section for a fiscal year shall prepare and 

submit a report to the Secretary regarding how the funding was 

used and the extent to which the availability of, the access to, and 

the use of, up-to-date school library resources in the elementary 

schools and secondary schools served by the eligible entity was increased. 

* * * * * * * 

PART B—IMPROVING SCIENCE, TECHNOLOGY, 

ENGINEERING, AND MATHEMATICS INSTRUCTION AND STUDENT ACHIEVEMENT 

Subpart 1—Improving STEM Instruction and 

Student Achievement 

SEC. 4201. PURPOSE. 

The purpose of this subpart is to improve student academic 

achievement in science, technology, engineering, and mathematics, 

including computer science, by— 

(1) improving instruction in such subjects through grade 

12; 

(2) improving student engagement in, and increasing student access to, such subjects; 

(3) improving the quality and effectiveness of classroom instruction by recruiting, training, and supporting highly rated 

teachers and providing robust tools and supports for students 

and teachers in such subjects; and 

(4) closing student achievement gaps, and preparing more 

students to be college and career ready in such subjects. 

SEC. 4202. DEFINITIONS. 

In this subpart: 

(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) a State educational agency; or 

(B) a State educational agency in partnership with 1 or 

more State educational agencies. 

(2) ELIGIBLE SUBGRANTEE.—The term ‘‘eligible subgrantee’’ 

means— 

(A) a high-need local educational agency; 

(B) an educational service agency serving more than 1 

high-need local educational agency; 

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(C) a consortium of high-need local educational agencies; or 

(D) an entity described in subparagraph (A) or (C) of 

paragraph (3) that has signed a memorandum of agreement with an entity described in subparagraph (A), (B), or 

(C) of this paragraph to implement the requirements of this 

subpart in partnership with such entity. 

(3) OUTSIDE PARTNER.—The term ‘‘outside partner’’ means 

an entity that has expertise and a demonstrated record of success in improving student learning and engagement in the identified subjects described in section 4204(b)(2), including any of 

the following: 

(A) A nonprofit or community-based organization, 

which may include a cultural organization, such as a museum or learning center. 

(B) A business. 

(C) An institution of higher education. 

(D) An educational service agency. 

(4) STATE.—The term ‘‘State’’ means— 

(A) any of the 50 States; 

(B) the District of Columbia; 

(C) the Bureau of Indian Education; or 

(D) the Commonwealth of Puerto Rico. 

SEC. 4203. GRANTS; ALLOTMENTS. 

(a) RESERVATIONS.— (1) IN GENERAL.—From the amounts appropriated for this 

part for a fiscal year, the Secretary shall reserve— 

(A) not more than 2 percent to provide technical assistance to States under this subpart; 

(B) not more than 5 percent for State capacity-building 

grants under this subpart, if the Secretary is awarding 

such grants in accordance with paragraph (2); and 

(C) 10 percent for the STEM Master Teacher Corps 

program under subpart 2. 

(2) CAPACITY-BUILDING GRANTS.— (A) IN GENERAL.—In any year for which funding is distributed competitively, as described in subsection (b)(1), the 

Secretary may award 1 capacity-building grant to each 

State that does not receive a grant under subsection (b), on 

a competitive basis, to enable such State to become more 

competitive in future years. 

(B) DURATION.—Grants awarded under subparagraph 

(A) shall be for a period of 1 year. 

(b) COMPETITIVE GRANTS.— 

(1) IN GENERAL.—For each fiscal year for which the amount 

appropriated to carry out this part, and not reserved under subsection (a)(1), is less than $500,000,000, the Secretary shall 

award grants, on a competitive basis, to eligible entities to enable such eligible entities to carry out the activities described in 

this subpart. 

(2) DURATION.—Grants awarded under this subsection 

shall be for a period of not more than 3 years. 

(3) RENEWAL.— 

(A) IN GENERAL.—If an eligible entity demonstrates 

progress, as measured by the metrics described in section 

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4206(a), the Secretary may renew a grant for an additional 

2-year period. 

(B) REDUCED FUNDING.—Grant funds awarded under 

subparagraph (A) shall be awarded at a reduced amount. 

(c) FORMULA GRANTS.— 

(1) IN GENERAL.—For each fiscal year for which the amount 

appropriated to carry out this part, and not reserved under subsection (a)(1), is equal to or more than $500,000,000, the Secretary shall award grants to States, based on the formula described in paragraph (2). 

(2) DISTRIBUTION OF FUNDS.—The Secretary shall allot to 

each State— 

(A) an amount that bears the same relationship to 35 

percent of the excess amount described in paragraph (1) as 

the number of individuals ages 5 through 17 in the State, 

as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and 

(B) an amount that bears the same relationship to 65 

percent of the excess amount as the number of individuals 

ages 5 through 17 from families with incomes below the 

poverty line in the State, as determined by the Secretary on 

the basis of the most recent satisfactory data, bears to the 

number of those individuals in all such States, as so determined. 

(3) FUNDING MINIMUM.—No State receiving an allotment 

under this subsection may receive less than one-half of 1 percent 

of the total amount allotted under paragraph (1) for a fiscal 

year. 

(4) PUERTO RICO.—The amount allotted under paragraph 

(2) to the Commonwealth of Puerto Rico for a fiscal year may 

not exceed one-half of 1 percent of the total amount allotted 

under paragraph (1) for such fiscal year. 

(5) REALLOTMENT OF UNUSED FUNDS.—If a State does not 

successfully apply, the Secretary shall reallot the amount of the 

State’s allotment to the remaining States in accordance with 

this subsection. 

SEC. 4204. APPLICATIONS. 

(a) IN GENERAL.—Each eligible entity or State desiring a grant 

under this subpart, whether through a competitive grant under section 4203(b) or through an allotment under section 4203(c), shall 

submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. 

(b) CONTENTS.—At a minimum, an application submitted 

under subsection (a) shall include the following: 

(1) A description of the needs, including assets, identified 

by the State or eligible entity, based on a State analysis, 

which— 

(A) may include results from a relevant pre-existing 

analysis of science, technology, engineering, and mathematics education quality and outcomes in the State or 

States served by the eligible entity; 

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(B) shall include data for elementary school and secondary school grades, as applicable, to the extent that such 

data are available, on— 

(i) student achievement in mathematics, including 

such data collected in accordance with the requirements of section 1111(a)(3)(A), and student achievement in science, technology, and engineering; 

(ii) science, technology, engineering, and mathematics teacher evaluations; 

(iii) student access to mathematics and science 

courses needed to enroll in credit-bearing coursework 

at institutions of higher education in the State or 

States served by the eligible entity; 

(iv) access to science, technology, engineering, and 

mathematics courses for students through grade 12 

who— 

(I) are eligible to receive a free or reduced 

priced lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); 

or 

(II) come from families with an income that is 

below the poverty line; 

(v) student achievement gaps in science, technology, engineering, and mathematics subjects; 

(vi) the percentage of students who successfully— 

(I) complete Advanced Placement or International Baccalaureate courses in science, technology, engineering, and mathematics subjects; or 

(II) complete rigorous, credit-bearing postsecondary education courses in science, technology, 

engineering, and mathematics subjects; 

(vii) the information collected under section 

1111(d)(3)(B)(viii)(IV); 

(viii) available instructional systems and supports, 

such as curricula, instructional materials, professional 

development, teacher evaluation systems, and assessments; 

(ix) science, technology, engineering, and mathematics teacher qualifications; and 

(x) teacher shortages and teacher distribution 

among local educational agencies and schools in 

science, technology, engineering, and mathematics subjects; 

(C) shall include labor market information regarding 

the industry and business workforce needs within the area 

served by the eligible entity; 

(D) shall include an analysis of the quality of pre-service preparation at all public institutions of higher education (including alternative pathways to teacher licensure 

or certification) for individuals preparing to teach science, 

technology, engineering, and mathematics subjects in a preschool, elementary school, or secondary school in the State; 

and 

(E) shall include an analysis of the implementation of 

any multi-tier systems of support that have been employed 

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in the State or States served by the eligible entity to address the learning needs of students in any science, technology, engineering, and mathematics subjects. 

(2) An identification of the specific science, technology, engineering, and mathematics subjects that the State or eligible entity will address through the activities described in section 

4205, consistent with the needs identified under paragraph (1) 

(referred to in this subpart as ‘‘identified subjects’’). 

(3) A description, in a manner that addresses any needs 

identified under paragraph (1), of— 

(A) how grant funds will be used by the State or eligible entity to improve instruction in identified subjects using 

evidence-based programs of instruction that are aligned 

with the college and career ready standards and academic 

assessments under paragraphs (1) and (2) of section 

1111(a); 

(B) how grant funds will be used to support subgrantees and other high-need local educational agencies in 

the employment of multi-tiered systems of support to provide early intervening services, as described in section 

613(a)(4)(A)(ii) of the Individuals with Disabilities Education Act, and to increase student achievement in identified subjects; 

(C) the process that the State or eligible entity will use 

for awarding subgrants, including how relevant stakeholders will be involved; 

(D) how the State’s or eligible entity’s activities and 

subgrants will be coordinated with other Federal, State, 

and local programs and activities, including career and 

technical education programs authorized under the Carl D. 

Perkins Career and Technical Education Act of 2006 (20 

U.S.C. 2301 et seq.); 

(E) the technical assistance that the State or eligible 

entity will provide to subgrantees to support the activities 

undertaken by the subgrantees; 

(F) how the State or eligible entity will evaluate the activities funded, both at the State and subgrantee level, with 

funds provided under this subpart, and in a manner consistent with any evaluation activities carried out by the Institute of Education Sciences under section 4207, or the National Science Foundation; 

(G) how the State or eligible entity will allocate funds 

in a manner that will provide services to both elementary 

schools and secondary schools; 

(H) how the State or eligible entity will provide targeted support to improve instruction in high-need local educational agencies and high-need schools; 

(I) how the State or eligible entity’s proposed project 

will ensure an increase in access for students who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields to high-quality 

courses in 1 or more of the identified subjects; and 

(J) how the State or eligible entity will continue to involve stakeholders in education reform efforts related to 

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science, technology, engineering, and mathematics instruction. 

(4) Assurances that the State or eligible entity will monitor 

implementation of approved subgrantee plans. 

(c) ADDITIONAL FUNDING.—A State or eligible entity that submits a request to use the additional State activities reservation described in section 4205(d)(2), shall provide, in a manner that addresses the needs identified under subsection (b)(1), a description of 

the activities that the eligible entity will carry out with such funds, 

consistent with section 4205. 

SEC. 4205. AUTHORIZED ACTIVITIES. 

(a) REQUIRED ACTIVITIES.—Each State or eligible entity that receives a grant under this subpart shall use the grant funds to carry 

out each of the following activities: 

(1) Increasing access for students through grade 12 who are 

members of groups underrepresented in science, technology, engineering, and mathematics subject fields to high-quality 

courses in the identified subjects. 

(2) Implementing evidence-based programs of instruction 

based on high-quality standards and assessments in the identified subjects. 

(3) Providing professional development and other comprehensive systems of support for teachers and school leaders to 

promote high-quality instruction and instructional leadership 

in the identified subjects. 

(4) Providing technical assistance to subgrantees and other 

high-need schools and local educational agencies in order to improve student achievement and narrow achievement gaps in 

identified subjects, including through— 

(A) the development and implementation of multi-tier 

systems of support; and 

(B) the development of curriculum or instructional materials consistent with the principals of universal design for 

learning. 

(b) PERMISSIBLE ACTIVITIES.—Each State or eligible entity that 

receives a grant under this subpart may use the grant funds to 

carry out 1 or more of the following activities: 

(1) Recruiting qualified teachers and instructional leaders 

who are trained in identified subjects, including teachers who 

have transitioned into the teaching profession from a career in 

science, technology, engineering, and mathematics fields. 

(2) Recruiting and training teachers to teach dual credit 

and dual enrollment postsecondary-level courses to high school 

students in identified subjects. 

(3) Providing induction and mentoring services to new 

teachers in identified subjects. 

(4) Developing instructional supports, such as curricula 

and assessments, which shall be evidence-based and aligned 

with State college and career ready academic content standards 

under section 1111(a)(1), and may include Internet-based curricula and Internet-based instructional supports. 

(5) Implementing an interdisciplinary approach, by integrating instruction in 1 or more science, technology, engineering, and mathematics subjects with reading, English language 

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arts, or instruction in other core academic subjects and noncore 

academic subjects. 

(c) SUBGRANTS.— (1) IN GENERAL.—Each State or eligible entity that receives 

a grant under this section shall award subgrants, on a competitive basis, to eligible subgrantees. 

(2) MINIMUM SUBGRANT.—A State or eligible entity shall 

award subgrants under this subsection that are of sufficient 

size and scope to support high-quality, evidence-based, effective 

programs that are consistent with the purpose of this subpart. 

(3) SUBGRANTEE APPLICATION.— (A) IN GENERAL.—Each eligible subgrantee desiring a 

subgrant under this subsection shall submit an application 

to the State or eligible entity at such time, in such manner, 

and accompanied by such information as the State or eligible entity may require. 

(B) CONTENTS OF SUBGRANTEE APPLICATION.—At a 

minimum, the application described in subparagraph (A) 

shall include the following: 

(i) A description of the activities that the eligible 

subgrantee will carry out, and how such activities will 

improve teaching and student academic achievement in 

the identified subjects, in a manner consistent with scientifically valid research. 

(ii) A description of how the eligible subgrantee 

will use funds provided under this subsection to serve 

students and teachers in high-need schools. 

(iii) A description of how funds provided under 

this subsection will be coordinated with other Federal, 

State, and local programs and activities, including career and technical education programs authorized 

under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). 

(iv) If the eligible subgrantee is working with outside partners, a description of how such outside partners will be involved in improving instruction and increasing access to high-quality learning experiences in 

the identified subjects. 

(4) SUBGRANTEE USE OF FUNDS.— (A) REQUIRED USE OF FUNDS.—Each subgrantee under 

this subsection shall use the subgrant funds to carry out activities for students through grade 12, consistent with the 

activities described in the subgrantee’s application, which 

shall include— 

(i) high-quality teacher and instructional leader recruitment, support, and evaluation in the identified 

subjects; 

(ii) professional development, which may include 

development and support for instructional coaches, to 

enable teachers and instructional leaders to increase 

student achievement in identified subjects, through— 

(I) implementation of classroom assessments; 

and 

(II) differentiation of instruction in identified 

subjects for all students, including for students 

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who are children with disabilities and students 

who are English learners; 

(iii) activities to— 

(I) improve the content knowledge of teachers; 

and 

(II) facilitate professional collaboration, which 

may include providing time for such collaborations; 

(iv) the development, adoption, and improvement 

of high-quality curricula and instructional supports 

that— 

(I) are aligned with State college and career 

ready academic content standards under section 

1111(a)(1); and 

(II) the eligible subgrantee will use to improve 

student academic achievement in identified subjects; 

(v) the development or improvement, and implementation, of multi-tier systems of support to provide 

early intervening services and to increase student 

achievement in 1 or more of the identified subjects; and 

(vi) integrating instruction in the identified subjects with instruction in reading, English language 

arts, or other core and noncore academic subjects. 

(B) ALLOWABLE USE OF FUNDS.—In addition to the required activities described in subparagraph (A), each eligible subgrantee that receives a subgrant under this subsection, may also use the subgrant funds to— 

(i) support the participation of low-income students 

in nonprofit competitions related to science, technology, 

engineering, and mathematics subjects (such as robotics, science research, invention, mathematics, computer 

science, and technology competitions); 

(ii) broaden secondary school students’ access to, 

and interest in, careers that require academic preparation in 1 or more identified subjects; and 

(iii) broaden secondary school students’ access to 

early college high schools, dual enrollment, or concurrent enrollment courses in science, technology, engineering, and mathematics subjects, including providing professional development to teachers and leaders related to this work. 

(C) LIMITATION.—Each subgrantee that receives a 

subgrant under this subsection shall not expend more than 

15 percent of the subgrant funds on the activities described 

in subparagraph (B). 

(D) MATCHING FUNDS.—A State or eligible entity shall 

require an eligible subgrantee receiving a subgrant under 

this subsection to demonstrate that such subgrantee has obtained a commitment from 1 or more outside partners to 

match, using non-Federal funds or in-kind contributions, 

not less than 15 percent of the amount of subgrant funds. 

In the case of significant financial hardship, an eligible 

subgrantee may apply to the State or eligible entity for, and 

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the State or eligible entity may grant, a waiver of a portion 

of the minimum matching funds requirement. 

(d) STATE ACTIVITIES.— 

(1) IN GENERAL.—Each State or eligible entity that receives 

a grant under this subpart may use not more than 5 percent of 

grant funds for— 

(A) administrative costs; 

(B) monitoring the implementation of subgrants; 

(C) providing technical assistance to subgrantees; and 

(D) evaluating subgrants in coordination with the evaluation described in section 4207. 

(2) RESERVATION.—Each State or eligible entity that receives a grant under this subpart may submit a request to the 

Secretary to reserve not more than 15 percent of grant funds, 

inclusive of the amount described in paragraph (1), for additional State activities, consistent with subsections (a) and (b). 

SEC. 4206. PERFORMANCE METRICS; REPORT. 

(a) ESTABLISHMENT OF PERFORMANCE METRICS.—The Secretary, acting through the Director of the Institute of Education 

Sciences, shall establish performance metrics to evaluate the effectiveness of the activities carried out under this subpart. 

(b) ANNUAL REPORT.—Each State or eligible entity that receives 

a grant under this subpart shall prepare and submit an annual report to the Secretary, which shall include information relevant to 

the performance metrics described in subsection (a). 

SEC. 4207. EVALUATION. 

From the amount reserved in accordance with section 9601, the 

Secretary shall— 

(1) acting through the Director of the Institute of Education 

Sciences, and in consultation with the Director of the National 

Science Foundation— 

(A) evaluate the implementation and impact of the activities supported under this subpart, including progress 

measured by the metrics established under section 4206(a); 

and 

(B) identify best practices to improve instruction in 

science, technology, engineering, and mathematics subjects; 

and 

(2) disseminate, in consultation with the National Science 

Foundation, research on best practices to improve instruction in 

science, technology, engineering, and mathematics subjects. 

SEC. 4208. SUPPLEMENT NOT SUPPLANT. 

Funds received under this subpart shall be used to supplement, 

and not supplant, funds that would otherwise be used for activities 

authorized under this subpart. 

SEC. 4209. MAINTENANCE OF EFFORT. 

A State that receives funds under this subpart for a fiscal year 

shall maintain the fiscal effort provided by the State for the subjects 

supported by the funds under this part at a level equal to or greater 

than the level of such fiscal effort for the preceding fiscal year. 

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Subpart 2—STEM Master Teacher Corps Program 

SEC. 4221. PURPOSE. 

The purpose of this subpart is to establish a STEM Master 

Teacher Corps program that— 

(1) elevates the status of the STEM teaching profession by 

recognizing and rewarding outstanding STEM teachers; 

(2) attracts and retains effective STEM teachers, particularly in high-need schools, by offering them additional compensation, instructional resources, and instructional leadership 

roles; and 

(3) creates a network of outstanding STEM teacher-leaders 

who will— 

(A) share best practices and resources; 

(B) take on leadership responsibilities in their schools, 

districts, States (if part of the participating area), or consortia with the authority to provide professional support to 

their STEM colleagues not participating in the STEM Master Teacher Corps; 

(C) aid in the development and retention of beginning 

teachers by serving as their role models and providing 

them with instructional support; and 

(D) inform the development of STEM education policy. 

SEC. 4222. DEFINITIONS. 

In this subpart: 

(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a 

consortium of high-need local educational agencies or 1 or more 

State educational agencies, acting in partnership with 1 or 

more— 

(A) institutions of higher education; or 

(B) nonprofit organizations with a demonstrated record 

of success in preparing or improving the effectiveness of 

STEM teachers. 

(2) PARTICIPATING AREA.—The term ‘‘participating area’’ 

means— 

(A) in the case of an eligible entity that includes a 

State educational agency or consortium of State educational agencies, the State or States; or 

(B) in the case of an eligible entity that includes a consortium of local educational agencies, the area served by 

such agencies. 

(3) RURAL SCHOOL.—The term ‘‘rural school’’ means a public school— 

(A) designated with a school locale code of Distant 

Town, Remote Town, Fringe Rural, Distant Rural, or Remote Rural; and 

(B) served by a local educational agency in which not 

less than two-thirds of the students served by the agency attend a school designated with 1 of the school locale codes 

listed in subparagraph (A). 

(4) STEM.—The term ‘‘STEM’’ means science, technology, 

engineering, and mathematics, including computer science. 

SEC. 4223. STEM MASTER TEACHER CORPS PROGRAM. 

(a) IN GENERAL.— 

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(1) GRANTS AUTHORIZED.—From the amount reserved 

under section 4203(a)(1)(C), the Secretary, in consultation with 

the Director of the National Science Foundation and the heads 

of other appropriate Federal agencies, as determined by the Secretary, shall establish a STEM Master Teacher Corps program 

by awarding, on a competitive basis, 1 or more grants of not 

less than $15,000,000 each to eligible entities to enable the eligible entities to establish the program, in accordance with section 

4225. 

(2) PLANNING GRANTS.—The Secretary may award planning grants to eligible entities to enable the entities to make 

plans to establish the program, in accordance with section 

4225. 

(b) DURATION OF GRANT.— 

(1) IN GENERAL.—A grant awarded under this subpart 

shall be for a period of not more than 5 years. 

(2) REVIEW.—The Secretary shall— 

(A) review, 3 years after an eligible entity is awarded 

a grant under this subpart, the performance of the entity 

during the 3-year period; and 

(B) fund the remaining grant period for such entity if 

the Secretary determines, based on such review, that the entity is achieving satisfactory results. 

(c) MATCHING REQUIREMENT.— 

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

eligible entity that receives a grant under this subpart shall 

provide, from non-Federal sources, an amount equal to not less 

than 50 percent of the amount of the grant, which may be provided in cash or in-kind, to carry out the activities supported 

by the grant. 

(2) EXCEPTION.— 

(A) IN GENERAL.—The Secretary may waive the 50 percent matching requirement under paragraph (1) for an eligible entity that the Secretary determines is unable to meet 

such requirement. The Secretary shall set a matching requirement for such eligible entities according to the sliding 

scale described in subparagraph (B). 

(B) SLIDING SCALE.—The amount of a match under 

subparagraph (A) shall be established based on a sliding 

fee scale that takes into account— 

(i) the relative poverty of the population to be targeted by the eligible entity; and 

(ii) the ability of the eligible entity to obtain such 

matching funds. 

(3) CONSIDERATION.—The Secretary shall not consider an 

eligible entity’s ability to match funds when determining which 

eligible entities will receive grant awards under this subpart. 

SEC. 4224. APPLICATION. 

(a) IN GENERAL.—An eligible entity desiring a grant under this 

subpart shall submit an application to the Secretary at such time, 

in such manner, and containing such information as the Secretary 

may require. 

(b) CONTENTS.—An application submitted under this section 

shall include— 

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(1) a description of the STEM Master Teacher Corps program that the eligible entity intends to carry out, including the 

number of Corps members the entity intends to select, the intended distribution of subjects and grade levels taught, the geographic and economic characteristics of the local educational 

agencies that are part of the participating area, such as the 

rural-urban continuum codes and proportion of high-need 

schools served, and the type of activities proposed for recruitment of Corps members; 

(2) a description of the roles and responsibilities that each 

participating local educational agency, State, institution of 

higher education, or nonprofit organization, as applicable, will 

have; 

(3) a demonstration that the entity has sufficient capacity 

to carry out the activities described in section 4225; 

(4) a description of the member selection process and criteria that the applicant will use to select members of the STEM 

Master Teacher Corps, in accordance with section 4225(b); 

(5) a description of how the eligible entity intends to facilitate networking and sharing of best practices and educational 

resources relating to STEM education among Corps members, 

particularly at rural schools, if applicable, and make a selection 

of these best practices and resources more widely available to 

other teachers and the STEM educational community, including through electronic means; 

(6) a demonstration that the entity has a clear plan for— 

(A) offering research-based professional development to 

Corps members, including training on instructional leadership, mentoring, engaging and effectively teaching historically underachieving or underrepresented groups in STEM 

fields, such as girls, minorities, low-income students, 

English learners, and students who are children with disabilities, and effective STEM teaching methods, such as incorporating hands-on STEM projects into their lesson 

plans; and 

(B) tracking the effectiveness of such professional development; 

(7) a demonstration that the entity has a clear plan for 

evaluating the impact of the professional support provided by 

STEM Master Teacher Corps members to other teachers in their 

school, district, and participating area; 

(8) a description of how the local educational agencies and 

schools served by the eligible entity intend to align STEM Master Teacher Corps members’ duties with school systems and activities already in place, if applicable, such as professional development and mentoring; 

(9) an explanation of how STEM Master Teacher Corps 

members will be afforded the time, authority, and resources to 

fulfill requirements under the program, and how other teachers 

will be afforded the time to receive professional support from 

Corps members; 

(10) a demonstration that the entity has a clear plan for 

oversight to ensure that STEM Master Teacher Corps members 

carry out the responsibilities described in section 4225(c) to the 

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fullest extent practicable, and a description of the actions to be 

taken if a member does not carry out such responsibilities; and 

(11) a description of how the grant funds will be financially 

managed. 

(c) CRITERIA FOR AWARDING GRANTS.— 

(1) IN GENERAL.—The Secretary shall award grants under 

this subpart on the basis of merit considering, at a minimum, 

the following: 

(A) The extent to which the local educational agencies 

that are part of the eligible entity are committed to integrating the program into existing school structures, policies, 

operations, and budgets, such as by enabling STEM Master 

Teacher Corps members to take on leadership roles in their 

schools, districts, and participating area, in addition to 

their classroom duties, including assisting in the development and implementation of professional development activities and driving the instructional program of the school. 

(B) The quality of the proposed professional development, teacher leadership and mentorship activities, and 

networking opportunities. 

(C) Demonstration that the local educational agencies 

and schools they serve have removed barriers to full participation in the program, including affording Corps members 

and the teachers they mentor the time to participate in activities required by the program. 

(D) The number and quality of the individuals that 

will be served by the program. 

(E) The capacity of the eligible entity to effectively carry 

out the program. 

(2) PRIORITY.—In awarding grants under this subpart, the 

Secretary shall give priority to— 

(A) eligible entities that intend to include large numbers of teachers in the STEM Master Teacher Corps; and 

(B) eligible entities that intend to include rural schools, 

particularly high-need rural schools, in the participating 

area to be served. 

SEC. 4225. REQUIRED USE OF FUNDS. 

(a) IN GENERAL.—An eligible entity receiving a grant under this 

subpart shall use grant funds to— 

(1) administer the selection of teachers for membership in 

the STEM Master Teacher Corps, in accordance with the requirements of subsection (b); 

(2) provide compensation to each public school teacher who 

is selected and serves as a member of the STEM Master Teacher Corps, in recognition of the teacher’s teaching accomplishments, leadership, and increased responsibilities, which amount 

shall— 

(A) supplement, and not supplant, the teacher’s base 

salary; and 

(B) be equal to— 

(i) in the case of a teacher who teaches at a highneed public school, including a high-need charter 

school, $15,000 per year for each year the teacher 

serves as a member of the Corps; and 

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(ii) in the case of a teacher who teaches at a public 

school, including a charter school, that is not a highneed school, $5,000 per year for each year the teacher 

serves as a member of the Corps; 

(3) provide research-based professional development activities for members of the STEM Master Teacher Corps, as described in section 4224(b)(6), and track the effectiveness of such 

professional development in order to determine whether to alter 

professional development activities; 

(4) provide discretionary resources for STEM Master Teacher Corps members at high-need public schools to use in their 

classrooms and schools, including for after school activities to 

enrich STEM education and for equipment and technology to 

facilitate long distance networking, mentoring, and sharing of 

best practices; 

(5) assist in coordinating instructional leadership roles for 

STEM Master Teacher Corps members and mentoring relationships between STEM Master Teacher Corps members and other 

teachers in the same school, school district, and participating 

area in which the Corps members serve as instructional leaders; 

(6) facilitate efforts by STEM Master Teacher Corps members to inform STEM education policy at the national, State, 

and local levels; 

(7) help defray costs associated with affording STEM Master Teacher Corps members the time to fulfill their duties as 

Corps members; and 

(8) support other activities that advance the purpose of this 

subpart. 

(b) SELECTING MEMBERS OF THE STEM MASTER TEACHER

CORPS.— 

(1) SELECTION CRITERIA FOR CORPS MEMBERS.—The eligible 

entity shall select, as members of the STEM Master Teacher 

Corps, exemplary STEM teachers at the elementary school and 

secondary school levels who teach in the participating area, 

which may also include special education teachers and teachers 

of English learners who teach a STEM subject. In selecting the 

members, the eligible entity shall— 

(A) make decisions based on the teacher’s— 

(i) ability to improve student academic achievement in the STEM fields, as demonstrated by, if applicable, student academic growth in such fields; 

(ii) ability to enhance student engagement in such 

fields; 

(iii) record of leadership in the teacher’s school and 

involvement in professional and outreach activities; 

(iv) record of teaching students described in subclause (II) or (III) of section 1111(a)(3)(B)(ii); and 

(v) demonstrated ability to facilitate student academic achievement growth with the students described 

in clause (iv), where such measures are available; and 

(B) evaluate the teacher’s ability and record based on 

multiple measures, such as— 

(i) teacher evaluations of pedagogical skills; 

(ii) an assessment of content knowledge; 

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(iii) the performance and improvement of the 

teacher’s students on tests; 

(iv) demonstration of practical professional experience in the teacher’s discipline, such as having worked 

in industry or research; 

(v) involvement in STEM discipline professional 

societies; 

(vi) STEM outreach and community involvement; 

and 

(vii) certification by the National Board for Professional Teaching Standards, or other equivalently rigorous, performance-based, peer-reviewed certification, 

as a high-performing teacher. 

(2) OVERALL CORPS MEMBERSHIP REQUIREMENTS.—An eligible entity receiving a grant under this subpart shall ensure 

that— 

(A) not more than 5 percent of the STEM teachers who 

teach in the participating area are members of the Corps; 

(B) not less than 75 percent of the STEM Master 

Teacher Corps members are teachers at high-need schools; 

(C) the proportion of STEM Master Teacher Corps 

members in the participating area who teach at rural highneed schools is not less than the proportion of all teachers 

who teach at rural high-need schools in the participating 

area; 

(D) there are multiple cohorts of STEM Master Teacher 

Corps members; and 

(E) the STEM Master Teacher Corps includes teachers 

from each of the disciplines of science, technology, engineering, and mathematics, if teachers from each of these disciplines meeting the standards of Corps membership are 

available in the participating area and may include teachers of career and technical education. 

(3) PARTICIPATION OF PRIVATE SCHOOL TEACHERS.—An eligible entity may select STEM teachers who teach at private 

schools in the participating area to be members of the STEM 

Master Teacher Corps, except that— 

(A) not more than 5 percent of teachers selected as 

STEM Master Teacher Corps members shall be teachers at 

private schools; and 

(B) private school teachers shall not be eligible for compensation described in subsection (a)(2), discretionary resource funds described in subsection (a)(4), or for 

defrayment funds described in subsection (a)(7). 

(c) CORPS MEMBER REQUIREMENTS.—Each teacher selected to 

be a member of the STEM Master Teacher Corps who wishes to join 

the Corps shall enter into an agreement with the eligible entity, 

under which the teacher shall, as a condition of receiving the compensation described in subsection (a)(2) and the discretionary resources described in subsection (a)(4), agree to carry out the responsibilities of a master teacher as required by the eligible entity, including— 

(1) participating in professional development activities offered by the program; 

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(2) networking and sharing best practices and educational 

resources with other members of the STEM Master Teacher 

Corps; and 

(3) contributing to the professional development of the 

teacher’s colleagues, which may include providing school-based 

professional support to other STEM teachers through regular 

weekly professional development sessions and individual coaching, where possible, leading professional learning communities, 

and taking on other instructional leadership roles in the teacher’s school, district, State, if part of the participating area, or 

consortium. 

(d) COLLECTION FOR NONCOMPLIANCE.— 

(1) MONITORING COMPLIANCE.—Each eligible entity that receives a grant under this subpart shall monitor whether each 

teacher the entity selects to be a member of the STEM Master 

Teacher Corps is in compliance with the Corps member requirements described in subsection (c). 

(2) COLLECTION OF REPAYMENT.— 

(A) IN GENERAL.—A teacher selected to be a member of 

the STEM Master Teacher Corps shall repay the additional 

compensation provided for a school year described in subsection (a)(2) to the eligible entity if— 

(i) the entity finds the teacher not in compliance 

with the Corps member requirements described in subsection (c) and the entity determines the teacher should 

no longer be a member of the Corps for such year; or 

(ii) the teacher withdraws during such year from 

membership in the Corps without an accepted excuse, 

as determined by the eligible entity. 

(B) COMPENSATION RETURNED TO THE TREASURY.— 

(i) IN GENERAL.—Except as provided in clause (ii), 

an eligible entity that receives repaid compensation 

under subparagraph (A) shall return such compensation to the United States Treasury. 

(ii) ADMINISTRATIVE COSTS.—An eligible entity 

that receives repaid compensation under subparagraph 

(A) may retain a percentage, determined by the Secretary, of such repayment to defray administrative 

costs associated with the collection. 

SEC. 4226. PERFORMANCE METRICS; REPORT. 

(a) ESTABLISHMENT OF PERFORMANCE METRICS.—The Secretary, acting through the Director of the Institute of Education 

Sciences, shall establish performance metrics to evaluate the effectiveness of the activities carried out under this subpart. 

(b) ANNUAL REPORT.—Each eligible entity that receives a grant 

under this subpart shall prepare and submit an annual report to 

the Secretary, which shall include information relevant to the performance metrics described in subsection (a). 

SEC. 4227. SUPPLEMENT NOT SUPPLANT. 

Funds received under this subpart shall be used to supplement, 

and not supplant, funds that would otherwise be used for activities 

authorized under this subpart. 

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SEC. 4228. EVALUATION. 

From the amount reserved in accordance with section 9601, the 

Secretary shall— 

(1) acting through the Director of the Institute of Education 

Sciences, and in consultation with the Director of the National 

Science Foundation— 

(A) evaluate the implementation and impact of the activities supported under this subpart, with regard to the 

program’s success in achieving the purpose described in 

section 4221; 

(B) identify optimal strategies for the design, implementation, and continuing development of the STEM Master Teacher Corps program; and 

(C) identify best practices for developing, supporting, 

and retaining STEM teachers based on lessons learned 

from the STEM Master Teacher Corps program; and 

(2) disseminate findings from the evaluation conducted 

under paragraph (1) to the STEM education field and make the 

findings publicly available. 

* * * * * * * 

PART C—INCREASING ACCESS TO A WELLROUNDED EDUCATION AND FINANCIAL LITERACY 

Subpart 1—Increasing Access to a Well-rounded 

Education 

SEC. 4301. PURPOSE. 

The purpose of this subpart is to improve the academic achievement of low-income students by giving students increased access to 

high-quality instruction for a well-rounded education. 

SEC. 4302. DEFINITIONS. 

In this subpart: 

(1) COVERED SUBJECTS.—The term ‘‘covered subjects’’ 

means any of the following academic subjects: 

(A) Arts. 

(B) Civics and government. 

(C) Economics. 

(D) Environmental education, including agricultural 

education programs. 

(E) Financial literacy. 

(F) Foreign languages. 

(G) Geography. 

(H) Health education. 

(I) History. 

(J) Music. 

(K) Physical education. 

(L) Social studies. 

(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a 

State educational agency in partnership with— 

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(A) a nonprofit organization with a demonstrated 

record of success in improving student achievement in 1 or 

more covered subjects; 

(B) an institution of higher education; 

(C) a local educational agency; 

(D) an educational service agency; or 

(E) 1 or more other State educational agencies. 

(3) ELIGIBLE SUBGRANTEE.—The term ‘‘eligible subgrantee’’ 

means— 

(A) a high-need local educational agency; 

(B) an educational service agency serving more than 1 

high-need local educational agency; or 

(C) a consortium of high-need local educational agencies. 

(4) LOW-INCOME STUDENT.—The term ‘‘low-income student’’ 

means a student— 

(A) from a family with an income below the poverty 

line; or 

(B) who is eligible for free or reduced-price lunch under 

the Richard B. Russell National School Lunch Act (42 

U.S.C. 1751 et seq.). 

SEC. 4303. GRANT PROGRAM. 

(a) GRANTS TO ELIGIBLE ENTITIES.—From amounts appropriated to carry out this subpart for a fiscal year, and not reserved 

in accordance with section 9601, the Secretary shall make grants to 

eligible entities to enable the eligible entities to carry out the activities described in subsection (e). 

(b) DURATION.—A grant under this section shall be for a period 

of not more than 5 years. 

(c) PAYMENTS.— (1) CONTINGENT PAYMENTS.—After the third year of a grant 

under this section, the Secretary shall make continued funding 

under the grant contingent upon the eligible entity’s progress toward reaching the goals established under the metrics described 

in subsection (h)(1). 

(2) FORMULA.— (A) DISTRIBUTION TRIGGER.— (i) AMOUNT TO TRIGGER FORMULA.—If the amount 

of funds appropriated to carry out this subpart for a 

fiscal year equals or exceeds $500,000,000, then the 

Secretary shall award grants to eligible entities based 

on the formula described under subparagraph (B). 

(ii) AMOUNT TO TRIGGER COMPETITIVE GRANT

PROCESS.—If the funds appropriated to carry out this 

subpart for a fiscal year are less than $500,000,000, 

then the Secretary shall award grants to eligible entities on a competitive basis. 

(B) FORMULA.—From funds made available to carry 

out this subpart for a fiscal year, and not reserved in accordance with section 9601, the Secretary shall allot to each 

eligible entity having an application approved under subsection (d)— 

(i) an amount that bears the same relationship to 

80 percent of the remainder as the number of individuals ages 5 through 17 from families with incomes 

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below the poverty line, in the State, as determined by 

the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in 

all States that have an application approved under 

such subparagraph; and 

(ii) an amount that bears the same relationship to 

20 percent of the remainder as the number of individuals ages 5 through 17 in the State, as determined by 

the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in 

all States that have an application approved under 

such subparagraph. 

(C) EXCEPTIONS.— 

(i) MINIMUM GRANT AMOUNT.—Subject to clause 

(ii), no State receiving an allotment under subparagraph (B) may receive less than 1 percent of the total 

amount allotted under such subparagraph. 

(ii) PUERTO RICO.—The percentage of the amount 

allotted under subparagraph (B) that is allotted to the 

Commonwealth of Puerto Rico for a fiscal year may not 

exceed the amount under clause (i). 

(D) PEER-REVIEW REQUIREMENTS.—The Secretary shall 

establish a peer-review process to ensure that applications 

submitted for formula funding, as described in subparagraph (B), are of high quality and meet the requirements 

and purposes of this subpart. 

(d) APPLICATION.— 

(1) IN GENERAL.—Each eligible entity desiring a grant 

under this section shall submit an application to the Secretary 

at such time, in such manner, and accompanied by such information as the Secretary may require. 

(2) CONTENTS.—The application shall, at a minimum— 

(A) describe the needs identified by the eligible entity, 

based on the eligible entity’s analysis of— 

(i) student access to, and quality of instruction in, 

covered subjects, including a comparison of such access 

and quality between low-income and non-low-income 

students in the State served by the eligible entity; 

(ii) the capacity of high-need local educational 

agencies in such State to deliver high-quality instruction in covered subjects, including an analysis of instructional supports, curricula, professional growth 

and improvement systems, and teacher qualifications, 

effectiveness, knowledge, and skills; 

(iii) the capacity of the eligible entity to provide 

local educational agencies with the support, including 

professional development and technical assistance, 

needed to deliver high-quality instruction and develop 

curricula in covered subjects; and 

(iv) standards, assessments, curricula, accommodations, and other supports used in such State in 

covered subjects; 

(B) identify the covered subjects that the eligible entity 

will address through the activities described in subsection 

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(e), consistent with the needs identified in subparagraph 

(A); 

(C) describe, in a manner that addresses the needs 

identified in subparagraph (A)— 

(i) how access to high-quality courses in the subjects identified in subparagraph (B) will be increased 

for low-income students in such State; 

(ii) how the knowledge and skills of teachers will 

be evaluated and improved so that such teachers will 

deliver high-quality instruction in such subjects; 

(iii) how the eligible entity will provide assistance 

to high-need local educational agencies to improve student access to, and achievement in, the subjects identified in subparagraph (B), including through principal 

training; and 

(iv) how the eligible entity will ensure that all activities funded through a grant awarded under this 

section are evidence-based; 

(D) describe how activities funded through a grant 

awarded under this section will be aligned with other Federal, State, and local funding, programs, and strategies, as 

appropriate; and 

(E) if applicable, describe the eligible entity’s plan for 

disbursing funds to eligible subgrantees to implement the 

activities described in subsection (e). 

(3) COMPETITIVE PRIORITY.—If grants are awarded competitively, consistent with subsection (c)(2)(A)(ii), the Secretary shall 

give priority to applications from eligible entities that include 

in the application — 

(A) a plan to implement an interdisciplinary approach, 

by integrating instruction in 1 or more covered subjects 

with reading, English, language arts, science, or mathematics instruction; and 

(B) a plan to provide expanded learning time in the 

schools served by eligible subgrantees, in order to increase 

access to covered subjects. 

(e) AUTHORIZED ACTIVITIES.— 

(1) IN GENERAL.—Each eligible entity that receives a grant 

under this section shall use the grant funds to increase access 

for low-income students, including students who are English 

learners and students who are children with disabilities, to 

high-quality instruction in at least 1 of the covered subjects by 

carrying out 1 or more of the following activities: 

(A) Improving the knowledge and skills of teachers 

through professional growth and improvement systems, and 

other instructional supports. 

(B) Building local capacity to develop and implement 

high-quality curricula, instructional supports, and assessments that are aligned with the State college and career 

ready academic content and achievement standards, consistent with section 1111(a)(1), in such subjects. 

(2) SPECIAL RULE.—Each eligible entity that receives a 

grant under this section shall use grant funds to meet the needs 

identified in subsection (d)(2)(A) and the Secretary shall not remstockstill on DSK4VPTVN1PROD with HEARINGS

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quire any eligible entity to address a specific subject or to address all covered subjects. 

(3) STATE ADMINISTRATION.—Each eligible entity that receives a grant under this section may reserve not more than 4 

percent of grant funds for administration costs of the grant. 

(f) SUBGRANTS.— 

(1) IN GENERAL.—Each eligible entity that receives a grant 

under this section may, in accordance with paragraph (2), 

award subgrants, on a competitive basis, to eligible subgrantees 

to enable such eligible subgrantees to carry out the activities described in subsection (e). 

(2) MINIMUM SUBGRANT.—Each subgrant under this subsection shall be of sufficient size and scope to support a highquality, effective program that is consistent with the purpose of 

this subpart. 

(g) EVALUATION.—From the amount reserved in accordance 

with section 9601, the Secretary shall— 

(1) acting through the Director of the Institute of Education 

Sciences— 

(A) evaluate, in consultation with the relevant program 

office at the Department of Education, the implementation 

and impact of the activities supported under this section, 

including progress as measured by the metrics established 

under subsection (h)(1); and 

(B) identify best practices to improve instruction in covered subjects; and 

(2) disseminate research on best practices to improve instruction in covered subjects. 

(h) ACCOUNTABILITY.— 

(1) PERFORMANCE METRICS.—The Secretary, acting through 

the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, 

establish performance metrics to evaluate the outcomes of grant 

projects that are assisted under this subpart. 

(2) ANNUAL REPORTS.—Each eligible entity that receives a 

grant under this section shall prepare and submit an annual 

report to the Secretary, which shall include information about 

the performance metrics described in paragraph (1). 

(i) SUPPLEMENT NOT SUPPLANT.—An eligible entity shall use 

Federal funds received under this section only to supplement the 

funds that would, in the absence of such Federal funds, be made 

available from other Federal and non-Federal sources for the activities described in this section, and not to supplant such funds. 

(j) MAINTENANCE OF EFFORT.—A State that receives assistance 

under this subpart shall maintain the fiscal effort provided by the 

State for the subjects supported by a grant under this subpart at a 

level equal to or greater than the level of such fiscal effort for the 

preceding fiscal year. 

Subpart 2—Financial Literacy Education 

SEC. 4311. SHORT TITLE. 

This subpart may be cited as the ‘‘Financial Literacy for Students Act’’. 

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SEC. 4312. STATEWIDE INCENTIVE GRANTS FOR FINANCIAL LITERACY 

EDUCATION. 

(a) GRANTS AUTHORIZED.—From amounts made available 

under this subpart, the Secretary may award grants to State educational agencies to enable State educational agencies, on a statewide basis— 

(1) to integrate financial literacy education into each public 

elementary school and public secondary school within the State 

that is eligible to receive funds under subpart 1 of part A of title 

I; and 

(2) to provide professional development regarding the teaching of financial literacy in core academic subjects to each secondary school teacher of financial literacy or entrepreneurship 

within the State. 

(b) PERMISSIBLE USES OF FUNDS.—In carrying out the grant 

activities described in subsection (a), the State educational agency 

may use grant funds to— 

(1) implement school-based financial literacy activities, including after school activities; 

(2) enhance student understanding and experiential learning with consumer, economic, entrepreneurship, and personal finance concepts; and 

(3) promote partnerships with community-based organizations, financial institutions, local businesses, entrepreneurs, or 

other organizations providing financial literacy activities. 

(c) LIMITATION ON USES OF FUNDS.—A State educational agency receiving grant funds under this section shall not use more than 

20 percent of such grant funds to carry out the following: 

(1) Teacher professional development programs to embed financial literacy or personal finance or entrepreneurship education into core academic subjects. 

(2) Curriculum development. 

(3) An evaluation of the impact of financial literacy or personal finance education on students’ understanding of financial 

literacy concepts. 

(d) MATCHING FUNDS.—A State educational agency that receives a grant under this section shall provide matching funds, from 

non-Federal sources, in an amount equal to 25 percent of the 

amount of grant funds provided to the State to carry out the activities supported by the grant. 

* * * * * * * 

PART D—SUCCESSFUL, SAFE, AND HEALTHY 

STUDENTS 

SEC. 4401. PURPOSE. 

The purpose of this part is to assist States and local educational agencies in developing and implementing comprehensive 

programs and strategies to foster positive conditions for learning in 

public schools, in order to increase academic achievement for all 

students through the provision of Federal assistance to States for 

the— 

(1) promotion of student physical health and well-being, 

nutrition, and fitness; 

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(2) promotion of student mental health and well-being; 

(3) prevention of school violence, harassment, and substance abuse among students; and 

(4) promotion of safe and supportive schools. 

SEC. 4402. DEFINITIONS. 

In this part: 

(1) CHILD AND ADOLESCENT PSYCHIATRIST.—The term 

‘‘child and adolescent psychiatrist’’ means an individual who— 

(A) possesses State medical licensure; and 

(B) has completed residency training programs in both 

general psychiatry and child and adolescent psychiatry. 

(2) CONDITIONS FOR LEARNING.—The term ‘‘conditions for 

learning’’ means conditions that— 

(A) advance student achievement and positive child 

and youth development by proactively supporting schools; 

(B) are applied in and around the school building, on 

pathways to and from the school and students’ homes, at 

school-sponsored activities, and through electronic and social media involving students or school personnel; 

(C) promote physical, mental, and emotional health; 

(D) ensure physical and emotional safety for students 

and staff; 

(E) promote social, emotional, and character development; and 

(F) have the following attributes: 

(i) Provide opportunities for physical activity, good 

nutrition, and healthy living. 

(ii) Prevent the use and abuse of drugs. 

(iii) Ensure that the school environments described 

in subparagraph (B) are— 

(I) free of weapons; and 

(II) free of harassment, abuse, dating violence, 

and all other forms of interpersonal aggression or 

violence. 

(iv) Do not condone or tolerate unhealthy or harmful behaviors, including discrimination of any kind. 

(v) Help staff and students to model positive social 

and emotional skills, including tolerance and respect 

for others. 

(vi) Promote concern for the well-being of students, 

including through the presence of caring adults. 

(vii) Ensure that the adults employed by the 

school— 

(I) have high expectations for student conduct, 

character, and academic achievement and the capacity to establish supportive relationships with 

students; and 

(II) are provided specialized training specific 

to the students’ stages of development. 

(viii) Engage families and community members 

with the school in meaningful and sustained ways, 

such as through case management services, to promote 

positive student academic achievement and developmental and social growth, including noncognitive skill 

development. 

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(ix) To the extent practicable, provide access to 

school nurses, school counselors, and school social 

workers for the promotion of student physical health, 

mental health, and well-being. 

(3) CONTROLLED SUBSTANCE.—The term ‘‘controlled substance’’ means a drug or other substance identified under 

Schedule I, II, III, IV, or V of section 202(c) of the Controlled 

Substances Act (21 U.S.C. 812(c)). 

(4) DRUG.—The term ‘‘drug’’ includes— 

(A) a controlled substance; 

(B) with respect to alcohol and tobacco, the illegal use 

of such substances; and 

(C) with respect to inhalants and anabolic steroids, the 

harmful, abusive, or addictive use of such substances. 

(5) DRUG AND VIOLENCE PREVENTION.—The term ‘‘drug and 

violence prevention’’ means— 

(A) with respect to drugs, prevention, early intervention, rehabilitation referral, or education related to the 

abuse and illegal use of drugs, in order to— 

(i) raise awareness about the costs and consequences of drug use and abuse; 

(ii) change attitudes, perceptions, and social norms 

about the dangers and acceptability of alcohol, tobacco, 

and drugs; and 

(iii) reduce access to and use of alcohol, tobacco, 

and drugs; and 

(B) with respect to violence, the promotion of school 

safety in and around the school building, on pathways to 

and from the school and students’ homes, at school-sponsored activities, and through electronic and social media 

involving students or school personnel, through the creation 

and maintenance of a school environment that— 

(i) is free of— 

(I) weapons; 

(II) violent and disruptive acts; 

(III) harassment; 

(IV) sexual harassment, dating violence, and 

abuse; and 

(V) victimization associated with prejudice 

and intolerance; 

(ii) fosters individual responsibility and respect for 

the rights and dignity of others; 

(iii) employs positive, preventative approaches to 

school discipline, such as schoolwide positive behavioral interventions and supports and restorative justice, 

that improve student engagement while minimizing 

students’ removal from instruction and reducing the 

frequency of discipline infractions and disparities 

among the subgroups of students described in section 

1111(a)(3)(D); and 

(iv) demonstrates preparedness and readiness to 

respond to, and recover from, incidents of school violence. 

(6) ELIGIBLE LOCAL APPLICANT.—The term ‘‘eligible local 

applicant’’ means— 

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(A) a local educational agency; 

(B) a consortium of local educational agencies; or 

(C) a nonprofit organization that has a track record of 

success in implementing the activities proposed in the grant 

application and has signed a memorandum of understanding with a local educational agency or consortium of 

local educational agencies that the organization will, upon 

receipt of a subgrant under this part— 

(i) implement school-based activities and programs 

described in section 4404(i)(1)(A)(iii) in 1 or more 

schools served by the local educational agency or consortium; and 

(ii) conduct school-level measurement of conditions 

for learning that are consistent with the State’s conditions for learning measurement system under section 

4404(h). 

(7) HARASSMENT.—The term ‘‘harassment’’ means conduct, 

including bullying, that— 

(A) is sufficiently severe, persistent, or pervasive to 

limit or interfere with a student’s ability to participate in 

or benefit from a program or activity of a public school or 

educational agency, including acts of verbal, nonverbal, or 

physical aggression, intimidation, or hostility, and communications made available through electronic means; and 

(B) is based on— 

(i) a student’s actual or perceived race, color, national origin, sex, disability, sexual orientation, gender 

identity, or religion; 

(ii) the actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, 

or religion of a person with whom a student associates 

or has associated; or 

(iii) any other distinguishing characteristics that 

may be enumerated by a State or local educational 

agency. 

(8) OTHER QUALIFIED PSYCHOLOGIST.—The term ‘‘other 

qualified psychologist’’ means an individual who has demonstrated competence in counseling children in a school setting 

and who— 

(A) is licensed in psychology by the State in which the 

individual works; and 

(B) practices in the scope of the individual’s education, 

training, and experience with children in school settings. 

(9) PHYSICAL EDUCATION INDICATORS.—The term ‘‘physical 

education indicators’’ means a set of measures for instruction 

on physical activity, health-related fitness, physical competence, 

and cognitive understanding about physical activity. Such indicators shall include— 

(A) for the State, for each local educational agency in 

the State, and for each elementary school and secondary 

school in the State, the average number of minutes per 

week (averaged over the school year) that all students spend 

in required physical education, and the average number of 

minutes per week (averaged over the school year) that all 

students engage in moderate to vigorous physical activity, 

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as measured against established recommended guidelines 

of the Centers for Disease Control and Prevention and the 

Department of Health and Human Services; 

(B) for the State, the percentage of local educational 

agencies that have a required, age-appropriate physical 

education curriculum that adheres to Centers for Disease 

Control and Prevention guidelines and State standards; 

(C) for the State, for each local educational agency in 

the State, and for each elementary school and secondary 

school in the State, the percentage of elementary school and 

secondary school physical education teachers who are licensed or certified in the State to teach physical education; 

(D) for the State, and for each local educational agency 

in the State, the percentage of elementary schools and secondary schools that have a physical education teacher who 

is certified or licensed to teach physical education and 

adapted physical education in the State; 

(E) for each school in the State, the number of indoor 

square feet and the number of outdoor square feet used primarily for physical education; and 

(F) for the State, the percentage of local educational 

agencies that have a school wellness council that— 

(i) includes members appointed by the local educational agency superintendent; 

(ii) may include parents, students, representatives 

of the school food authority, representatives of the 

school board, school administrators, school nurses, and 

members of the public; and 

(iii) meets regularly to promote a healthy school 

environment. 

(10) PRESCRIPTION DRUG.—The term ‘‘prescription drug’’ 

means a drug (as defined in section 201(g)(1) of the Federal 

Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)) that is described in section 503(b)(1) of such Act (21 U.S.C. 353(b)(1))). 

(11) PROGRAMS TO PROMOTE MENTAL HEALTH.—The term 

‘‘programs to promote mental health’’ means programs that— 

(A) develop students’ social and emotional competencies; 

(B) link students with local mental health systems by— 

(i) enhancing, improving, or developing collaborative efforts between school-based service systems and 

mental health service systems to provide, enhance, or 

improve prevention, diagnosis, and treatment services 

to students, and to improve student social and emotional competencies; 

(ii) enhancing the availability of— 

(I) crisis intervention services; 

(II) appropriate referrals for students potentially in need of mental health services, including 

suicide prevention; and 

(III) ongoing mental health services; and 

(iii) providing services that establish or expand 

school counseling and mental health programs that— 

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(I) are comprehensive in addressing the counseling, social, emotional, behavioral, mental 

health, and educational needs of all students; 

(II) use a developmental, preventive approach 

to counseling and mental health services; 

(III) are linguistically appropriate and culturally responsive; 

(IV) increase the range, availability, quantity, 

and quality of counseling and mental health services in the elementary schools and secondary 

schools of the local educational agency; 

(V) expand counseling and mental health services through— 

(aa) school counselors, school social workers, school psychologists, other qualified psychologists, child and adolescent psychiatrists, 

or other qualified health or mental health professionals, such as school nurses; and 

(bb) school-based mental health services 

partnership programs; 

(VI) use innovative approaches to— 

(aa) increase children’s understanding of 

peer and family relationships, work and self, 

decisionmaking, or academic and career planning; or 

(bb) improve peer interaction; 

(VII) provide counseling and mental health 

services in settings that meet the range of student 

needs; 

(VIII) include professional development appropriate to the activities covered in this paragraph 

for teachers, school leaders, instructional staff, and 

appropriate school personnel, including training in 

appropriate identification and early intervention 

techniques by school counselors, school social 

workers, school psychologists, other qualified psychologists, child and adolescent psychiatrists, or 

other qualified health professionals, such as school 

nurses; 

(IX) ensure a team approach to school counseling and mental health services in the schools 

served by the local educational agency; 

(X) demonstrate that the local educational 

agency is working toward— 

(aa) a 1:250 ratio of school counselors to 

students, as recommended by the American 

School Counselor Association; 

(bb) a 1:250 ratio of school social workers 

to students, as recommended by the School Social Work Association of America; 

(cc) a 1:700 ratio of school psychologists to 

students, as recommended by the National Association of School Psychologists; and 

(dd) a 1:750 ratio of school nurses to students in the general population, a 1:225 ratio 

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for students requiring daily professional 

school nursing services, and a 1:125 ratio for 

students with complex needs, as recommended 

by the National Association of School Nurses; 

and 

(XI) ensure that school counselors, school psychologists, other qualified psychologists, school social workers, or child and adolescent psychiatrists 

paid from funds made available under the programs spend a majority of their time counseling or 

providing mental health services to students or in 

other activities directly related to counseling or 

providing such services; 

(C) provide training for the school personnel, health 

professionals (such as school nurses), and mental health 

professionals who will participate in the programs; and 

(D) provide technical assistance and consultation to 

school systems, mental health agencies, and families participating in the programs. 

(12) PROGRAMS TO PROMOTE PHYSICAL ACTIVITY, EDUCATION, AND FITNESS, AND NUTRITION.—The term ‘‘programs to 

promote physical activity, education, and fitness, and nutrition’’ 

means programs that— 

(A) increase and enable active student participation in 

physical well-being activities and provide teacher and 

school leader professional development to encourage and increase such participation; 

(B) are comprehensive in nature; 

(C) include opportunities for professional development 

for teachers of physical education to stay abreast of the latest research, issues, and trends in the field of physical education; and 

(D) include 1 or more of the following activities: 

(i) Fitness education and assessment to help students understand, improve, or maintain their physical 

well-being. 

(ii) Instruction in a variety of motor skills and 

physical activities designed to enhance the physical, 

mental, social, and emotional development of every student. 

(iii) Development of, and instruction in, cognitive 

concepts about motor skill and physical fitness that 

support a lifelong healthy lifestyle. 

(iv) Opportunities to develop positive social and cooperative skills through physical activity. 

(v) Instruction in healthy eating habits and good 

nutrition. 

(13) SCHOOL-BASED MENTAL HEALTH SERVICES PARTNERSHIP PROGRAM.—The term ‘‘school-based mental health services 

partnership program’’ means a program that— 

(A) includes a public or private mental health entity or 

healthcare entity and may include a child welfare agency, 

family-based mental health entity, family organization, 

trauma network, or other community-based entity; 

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(B) provides comprehensive school-based mental health 

services and supports; 

(C) provides comprehensive staff development for school 

and community service personnel working in the school; 

(D) includes the early identification of social, emotional, or behavioral problems, or substance use disorders, 

and the provision of early intervening services; 

(E) provides for the treatment or referral for treatment 

of students with social, emotional, or behavioral health 

problems, or substance use disorders; 

(F) includes the development and implementation of 

programs to assist children in dealing with trauma and violence; 

(G) includes the development of mechanisms, based on 

best practices, for children to report incidents of violence or 

plans by other children or adults to commit violence; 

(H) is based on trauma-informed and evidence-based 

practices; 

(I) is coordinated, where appropriate, with early intervening services carried out under the Individuals with Disabilities Education Act; and 

(J) is provided by qualified mental and behavioral 

health professionals who are certified or licensed by the 

State involved and practicing within their area of expertise. 

(14) SCHOOL COUNSELOR.—The term ‘‘school counselor’’ 

means an individual who has documented competence in counseling children and adolescents in a school setting and who— 

(A) is licensed by the State or certified by an independent professional regulatory authority; 

(B) in the absence of such State licensure or certification, possesses national certification in school counseling 

or a specialty of counseling granted by an independent professional organization; or 

(C) holds a minimum of a master’s degree in school 

counseling from a program accredited by the Council for 

Accreditation of Counseling and Related Educational Programs or the equivalent. 

(15) SCHOOL HEALTH INDICATORS.—The term ‘‘school health 

indicators’’ means a set of measurements for determining the 

number of students seen in the school health office with, or for, 

social and emotional disturbances, abuse and neglect, substance 

use disorders, acute and chronic illness, and oral and visual 

health issues, (to the extent the school health office has applicable information), and the number of student deaths on school 

property, if any. 

(16) SCHOOL NURSE.—The term ‘‘school nurse’’ means a 

graduate of an accredited school of nursing program who is licensed by the State as a registered nurse. 

(17) SCHOOL PSYCHOLOGIST.—The term ‘‘school psychologist’’ means an individual who— 

(A) has completed a minimum of 60 graduate semester 

hours in school psychology from an institution of higher 

education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours are 

in the school setting; 

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(B) is licensed or certified in school psychology by the 

State in which the individual works; or 

(C) in the absence of such State licensure or certification, possesses national certification by the National 

School Psychology Certification Board. 

(18) SCHOOL SOCIAL WORKER.—The term ‘‘school social 

worker’’ means an individual who— 

(A) holds a master’s degree in social work from a program accredited by the Council on Social Work Education; 

and 

(B)(i) is licensed or certified by the State in which services are provided; or 

(ii) in the absence of such State licensure or certification, possesses a national credential or certification as a 

school social work specialist granted by an independent 

professional organization. 

SEC. 4403. ALLOCATION OF FUNDS. 

From amounts made available to carry out this part, the Secretary shall allocate— 

(1) for each year for which funding is made available to 

carry out this part, not more than 2 percent of such amounts 

for technical assistance, evaluation, and other activities consistent with the purpose of this part; 

(2) for the first 3 years for which funding is made available 

to carry out this part— 

(A) except as provided in subparagraph (B)— 

(i) not more than 30 percent of such amounts or 

$30,000,000, whichever amount is more, for State conditions for learning measurement systems grants, distributed to every State (by an application process consistent with section 4404(d)) in an amount proportional 

to each State’s share of funding under subpart 2 of 

part A of title I, to develop or improve the State’s conditions for learning measurement system described in 

section 4404(h), and to conduct a needs analysis to 

meet the requirements of section 4404(d)(2)(D); and 

(ii) not more than 68 percent of such amounts for 

Successful, Safe, and Healthy Students State Grants 

under section 4404; and 

(B) for any fiscal year for which the amount remaining 

available after funds are reserved under paragraph (1) is 

less than $30,000,000, all of such remainder for the State 

conditions for learning measurement systems grants described in subparagraph (A)(i); and 

(3) for the fourth year and each subsequent year for which 

funding is made available to carry out this part, not less than 

98 percent of such amounts for Successful, Safe, and Healthy 

Students State Grants under section 4404. 

SEC. 4404. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS STATE 

GRANTS. 

(a) PURPOSE.—The purpose of this section is to provide funding 

to eligible States to implement comprehensive programs that— 

(1) address conditions for learning in schools in the State; 

and 

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(2) are based on— 

(A) scientifically valid research; and 

(B) an analysis of need that considers, at a minimum, 

the indicators in the State’s conditions for learning measurement system described in subsection (h). 

(b) STATE GRANTS.— 

(1) IN GENERAL.—From amounts allocated under section 

4403 for Successful, Safe, and Healthy Students State Grants, 

the Secretary shall award grants to eligible States to carry out 

the purpose of this section. 

(2) AWARDS TO STATES.— 

(A) FORMULA GRANTS.—Except as provided in subparagraph (B), if the total amount allocated under section 4403 

for Successful, Safe, and Healthy Students State Grants for 

a fiscal year is $500,000,000 or greater, the Secretary shall 

allot to each State that meets the eligibility requirements of 

subsection (c) with an approved application an amount that 

bears the same relationship to such total amount as the 

amount received under part A of title I by such eligible 

State for the preceding fiscal year bears to the amount received under such part for the preceding fiscal year by all 

eligible States. 

(B) MINIMUM STATE ALLOTMENT.— 

(i) IN GENERAL.—No State receiving an allotment 

under subparagraph (A) may receive less than one-half 

of 1 percent of the total amount allotted under such 

subparagraph. 

(ii) PUERTO RICO.—The amount allotted under 

subparagraph (A) to the Commonwealth of Puerto Rico 

for a fiscal year may not exceed one-half of 1 percent 

of the total amount allotted under such subparagraph 

for such fiscal year. 

(C) COMPETITIVE GRANTS.— 

(i) IN GENERAL.—If the total amount allocated 

under section 4403 for Successful, Safe, and Healthy 

Students State Grants for a fiscal year is less than 

$500,000,000, the Secretary shall award grants under 

this section to States that meet the eligibility requirements of subsection (c) on a competitive basis. 

(ii) SUFFICIENT SIZE AND SCOPE.—In awarding 

grants on a competitive basis pursuant to clause (i), the 

Secretary shall ensure that grant awards are of sufficient size and scope to carry out required and approved 

activities under this section. 

(c) ELIGIBILITY.—To be eligible to receive a grant under this section, a State shall demonstrate to the Secretary that the State has— 

(1) established a statewide physical education requirement 

that is consistent with widely recognized standards; and 

(2) required all local educational agencies in the State to— 

(A) establish policies that prevent and prohibit harassment in schools; and 

(B) provide— 

(i) annual notice to parents, students, and educational professionals describing the full range of promstockstill on DSK4VPTVN1PROD with HEARINGS

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hibited conduct contained in such local educational 

agency’s discipline policies; and 

(ii) grievance procedures for students or parents to 

register complaints regarding the prohibited conduct 

contained in such local educational agency’s discipline 

policies, including— 

(I) the name of the local educational agency official who is designated as responsible for receiving such complaints; and 

(II) timelines that the local educational agency 

will follow in the resolution of such complaints. 

(d) APPLICATIONS.— 

(1) IN GENERAL.—A State that desires to receive a grant 

under this section shall submit an application at such time, in 

such manner, and containing such information as the Secretary 

may require. 

(2) CONTENT OF APPLICATION.—At a minimum, the application shall include— 

(A) documentation of the State’s eligibility to receive a 

grant under this section, as described in subsection (c); 

(B) an assurance that the policies used to prohibit harassment in schools that are required under subsection 

(c)(2)(A) emphasize alternatives to school suspension that 

minimize students’ removal from grade-level instruction, 

promote mental health, and only allow out-of-school punishments in severe or persistent cases; 

(C) a plan for improving conditions for learning in 

schools in the State in a manner consistent with the requirements of this part that may be part of a broader statewide child and youth plan, if such a plan exists and is consistent with the requirements of this part; 

(D) a needs analysis of the conditions for learning in 

schools in the State, which— 

(i) shall include a description of, and data measuring, the State’s conditions for learning; and 

(ii) may be a part of a broader statewide child and 

youth needs analysis, if such an analysis exists and is 

consistent with the requirements of this part; 

(E) a description of how the activities the State proposes to implement with grant funds are responsive to the 

results of the needs analysis described in subparagraph 

(D); and 

(F) a description of how the State will— 

(i) develop, adopt, adapt, or improve and implement the State’s conditions for learning measurement 

system and how the State will ensure that all local 

educational agencies and schools in the State participate in such system; 

(ii) ensure the quality and validity of the State’s 

conditions for learning data collection, including the 

State’s plan for survey administration as required 

under subsection (h)(2)(A) and for ensuring the reliability and validity of survey instruments; 

(iii) coordinate the proposed activities with other 

Federal and State programs, including programs fundmstockstill on DSK4VPTVN1PROD with HEARINGS

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ed under this part, which may include programs to expand learning time and for before- and after-school 

programming in order to provide sufficient time to 

carry out activities described in this part; 

(iv) assist local educational agencies to align activities with funds the agencies receive under the program with other funding sources in order to support a 

coherent and nonduplicative program; 

(v) solicit and approve subgrant applications, including how the State will— 

(I) allocate funds for statewide activities and 

subgrants for each year of the grant, consistent 

with the allocation requirements under subsection 

(i)(2); and 

(II) consider the results of the needs analysis 

described in subparagraph (D) in the State’s distribution of subgrants; 

(vi) address the needs of diverse geographic areas 

in the State, including rural and urban communities; 

(vii) provide assistance to local educational agencies and schools in their efforts to prevent and appropriately respond to incidents of harassment, including 

building the capacity of such agencies and schools to 

educate family and community members regarding the 

agencies’ and schools’ respective roles in preventing 

and responding to such incidents; 

(viii) provide assistance to local educational agencies and schools in their efforts to implement positive, 

preventative approaches to school discipline, such as 

schoolwide positive behavioral interventions and supports and restorative justice, that improve student engagement while minimizing students’ removal from instruction and reducing the frequency of discipline infractions and disciplinary disparities among the subgroups of students described in section 1111(a)(3)(D); 

(ix) provide assistance to local educational agencies and schools in their efforts to increase the provision of physical activity and physical education opportunities during the school day and implement programs to promote physical activity, education, and fitness, and nutrition; and 

(x) provide assistance to local educational agencies 

and schools in their efforts to improve access to Statelicensed or State-certified school counselors, school psychologists, and school social workers or other State-licensed or State–certified mental health professionals 

qualified under State law to provide mental health 

services to students in schools. 

(3) REVIEW PROCESS.—The Secretary shall establish a peerreview process to review applications submitted under this subsection. 

(e) DURATION.— (1) IN GENERAL.—A State that receives a grant under this 

section may receive funding for not more than 5 years in accordance with this subsection. 

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(2) INITIAL PERIOD.—The Secretary shall award grants 

under this section for an initial period of not more than 3 years. 

(3) GRANT EXTENSION.—The Secretary may extend a grant 

awarded to a State under this section for not more than an additional 2 years if the State shows sufficient improvement, as 

determined by the Secretary, against baseline data for the performance metrics established under subsection (j). 

(f) RESERVATION AND USE OF FUNDS.—A State that receives a 

grant under this section shall— 

(1) reserve not more than 10 percent of the grant funds for 

administration of the program, technical assistance, and the development, improvement, and implementation of the State’s conditions for learning measurement system, as described in subsection (h); and 

(2) use the remainder of grant funds after making the reservation under paragraph (1) to award subgrants, on a competitive basis, to eligible local applicants. 

(g) REQUIRED STATE ACTIVITIES.—A State that receives a grant 

under this section shall— 

(1) not later than 1 year after receipt of the grant, develop, 

adapt, improve, or adopt and implement the statewide conditions for learning measurement system described in subsection 

(h) (unless the State can demonstrate, to the satisfaction of the 

Secretary, that an appropriate system has already been implemented) that annually measures the State’s progress in the conditions for learning for every public school in the State; 

(2) collect information in each year of the grant on the conditions for learning at the school-building level through comprehensive needs assessments of student, school staff, and family perceptions, experiences, and behaviors; 

(3) collect annual incident data at the school-building level 

that are accurate and complete; 

(4) publicly report, at the local educational agency and 

school level, the data collected in the State’s conditions for 

learning measurement system, described in subsection (h), each 

year in a timely and highly accessible manner, and in a manner that does not reveal personally identifiable information; 

(5) use, on a continuous basis, the results of the data collected in the State’s conditions for learning measurement system 

to— 

(A) identify and address conditions for learning statewide; 

(B) help subgrantees identify and address school and 

student needs; and 

(C) provide individualized assistance to low-performing 

schools identified under section 1116 and schools with significant conditions for learning weaknesses; 

(6) encourage local educational agencies to— 

(A) integrate physical activity, education, and fitness 

into a range of subjects throughout the school day and locations within schools; 

(B) consult with a variety of stakeholders, including 

families, students, school officials, and other organizations 

with wellness and physical activity, education, and fitness 

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expertise, on the priorities and strategies for integrating 

physical activity, education, and fitness within schools; and 

(C) regularly monitor schools’ efforts in improving 

wellness and physical activity, education, and fitness understanding and habits among students; 

(7) encourage local educational agencies to— 

(A) integrate healthy eating and nutrition education 

into various times of the school day and locations within 

schools; 

(B) consult with a variety of stakeholders, including 

families, students, school officials, and other organizations 

with nutrition education expertise, on integrating healthy 

eating and nutrition education within schools; and 

(C) regularly monitor schools’ efforts in improving nutrition understanding and healthy eating among students; 

(8) encourage local educational agencies to implement programs that expand student access to State-licensed or State-certified school counselors, school psychologists, and school social 

workers or other State-licensed or State-certified mental health 

professionals who are qualified under State law to provide mental health services to students in schools; 

(9) award subgrants, consistent with subsection (i), to eligible local applicants; and 

(10) monitor subgrants and provide technical assistance to 

subgrantees on the implementation of grant activities. 

(h) CONDITIONS FOR LEARNING MEASUREMENT SYSTEM.— (1) IN GENERAL.—Each State that receives a grant under 

this part shall establish a State reporting and information system that measures conditions for learning in the State and is 

part of the State’s system for reporting the data required under 

section 1111 and part of any State longitudinal data system 

that links statewide elementary and secondary data systems 

with early childhood, postsecondary, and workforce data systems. 

(2) SYSTEM ACTIVITIES.—The State reporting and information system described in paragraph (1) shall— 

(A) contain, at a minimum, data from valid and reliable surveys of students and staff and the indicators in 

subparagraph (B) that allow staff at the State, local educational agencies, and schools to examine and improve 

school-level conditions for learning; 

(B) collect school-level data on— 

(i) physical education indicators, as applicable; 

(ii) individual student attendance and truancy; 

(iii) in-school suspensions, out-of-school suspensions, expulsions, referrals to law enforcement, schoolbased arrests, and disciplinary transfers (including 

placements in alternative schools) by student; 

(iv) the frequency, seriousness, and incidence of violence and drug-related offenses resulting in disciplinary action in elementary schools and secondary 

schools in the State; 

(v) the incidence and prevalence, age of onset, perception of and actual health risk, and perception of social disapproval of drug use and violence, including 

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harassment, by youth and school personnel in schools 

and communities; 

(vi) school health indicators, including acute and 

chronic physical, mental, and emotional healthcare 

needs; and 

(vii) student access to State-licensed or State-certified school counselors, school psychologists, and 

school social workers or other State-licensed or Statecertified mental health professionals qualified under 

State law to provide such services to students in 

schools, including staff-to-student ratios; 

(C) collect and report data, including, at a minimum, 

the data described in clauses (ii), (iii), and (v) of subparagraph (B), in the aggregate and disaggregated by the categories of race, ethnicity, gender, disability status, migrant 

status, English proficiency, and status as economically disadvantaged, and cross-tabulated across all of such categories by gender and by disability; 

(D) protect student privacy, consistent with applicable 

data privacy laws and regulations, including section 444 of 

the General Education Provisions Act (20 U.S.C. 1232g, 

commonly known as the ‘‘Family Educational Rights and 

Privacy Act of 1974’’); and 

(E) to the extent practicable, utilize a web-based reporting system. 

(3) COMPILING STATISTICS.—In compiling the statistics required to measure conditions for learning in the State— 

(A) the offenses described in paragraph (2)(B)(iv) shall 

be defined pursuant to the State’s criminal code, and 

aligned to the extent practicable, with the Federal Bureau 

of Investigation’s Uniform Crime Reports categories, but 

shall not identify victims of crimes or persons accused of 

crimes; and the collected data shall include incident reports 

by school officials, anonymous student surveys, and anonymous teacher surveys; 

(B) the performance metrics that are established under 

subsection (j) shall be collected and the performance on 

such metrics shall be defined and reported uniformly statewide; 

(C) the State shall collect, analyze, and use the data 

under paragraph (2)(B) at least annually; and 

(D) grant recipients and subgrant recipients shall use 

the data for planning and continuous improvement of activities implemented under this part, and may collect data 

for indicators that are locally defined, and that are not reported to the State, to meet local needs (so long as such indicators are aligned with the conditions for learning). 

(i) SUBGRANTS.— 

(1) IN GENERAL.— (A) AWARDING OF SUBGRANTS.—A State that receives a 

grant under this section shall award subgrants, on a competitive basis, to eligible local applicants— 

(i) based on need as identified by— 

(I) the State’s conditions for learning measurement system described in subsection (h); or 

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(II) in the case of a State for which the learning measurement system described in subsection 

(h) is not yet implemented, other data determined 

appropriate by the State; 

(ii) that are of sufficient size and scope to enable 

the eligible local applicants to carry out approved activities; and 

(iii) to implement programs that— 

(I) are comprehensive in nature; 

(II) are based on scientifically valid research; 

(III) are consistent with achieving the conditions for learning for the State; and 

(IV) address 1 or more of the uses described in 

clauses (i) through (iii) of paragraph (2)(A). 

(B) ASSISTANCE.—A State that receives a grant under 

this section shall provide assistance to subgrant applicants 

and recipients in the selection of scientifically valid programs and interventions. 

(C) PARTNERSHIPS ALLOWED.—An eligible local applicant may apply for a subgrant under this subsection in 

partnership with 1 or more community-based organizations. 

(2) ALLOCATION.— 

(A) IN GENERAL.—In awarding subgrants under this 

section, each State shall ensure that, for the aggregate of 

all subgrants awarded by the State— 

(i) not less than 20 percent of subgrant funds are 

used to carry out drug and violence prevention; 

(ii) not less than 20 percent of subgrant funds are 

used to carry out programs to promote mental health; 

and 

(iii) not less than 20 percent of subgrant funds are 

used to carry out programs to promote physical activity, education, and fitness, and nutrition. 

(B) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to require States, in making subgrants to eligible local applicants, to require the eligible 

local applicants to use 20 percent of subgrant funds for 

each of the uses described in clauses (i) through (iii) of subparagraph (A). 

(3) APPLICATIONS.—An eligible local applicant that desires 

to receive a subgrant under this subsection shall submit to the 

State an application at such time, in such manner, and containing such information as the State may require. 

(4) PRIORITY.—In awarding subgrants under this subsection, a State shall give priority to applications that— 

(A) demonstrate the greatest need, according to the results of the State’s conditions for learning surveys described 

in subsection (h)(2)(A); and 

(B) propose to serve schools with the highest concentrations of poverty, based on the percentage of students receiving or who are eligible to receive a free or reduced price 

lunch under the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1751 et seq.). 

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(5) ACTIVITIES OF SUBGRANT RECIPIENTS.—Each recipient 

of a subgrant under this subsection shall, for the duration of 

the subgrant— 

(A) carry out activities— 

(i) the need for which has been identified— 

(I) at a minimum, through the State’s conditions for learning measurement system described 

in subsection (h); or 

(II) in the case of a State that has not yet implemented the learning measurement system described in subsection (h), through the State’s needs 

analysis described in subsection (d)(2)(D); 

(ii) that are part of a comprehensive strategy or 

framework to address such need; and 

(iii) that include 1 or more of the following: 

(I) Drug and violence prevention. 

(II) Programs to promote mental health. 

(III) Programs to promote physical activity, 

education, and fitness, and nutrition; 

(B) ensure that each framework, intervention, or program selected be based on scientifically valid research and 

be used for the purpose for which such framework, intervention, or program was found to be effective; 

(C) use school-level data from the State’s conditions for 

learning measurement system described in subsection (h), 

to inform the implementation and continuous improvement 

of activities carried out under this part; 

(D) use data from the statewide conditions for learning 

measurement system to identify challenges outside of school 

or off school grounds (including the need for safe passages 

for students to and from school), and collaborate with 1 or 

more community-based organization to address such challenges; 

(E) collect, and report to the State educational agency, 

data for schools served by the subgrant recipient, in a manner consistent with the State’s conditions for learning measurement system described in subsection (h); 

(F) establish policies to expand access to quality physical activity opportunities, including local school wellness 

policies; 

(G) if the local educational agency to be served through 

the grant does not have an active school wellness council 

consistent with the requirements of the Child Nutrition Act 

of 1966 (42 U.S.C. 1771 et seq.), establish such a school 

wellness council, which may be part of an existing school 

council that has the capacity and willingness to address 

school wellness; 

(H) engage family members and community-based organizations in the development of conditions for learning 

surveys, and in the planning, implementation, and review 

of the subgrant recipient’s efforts under this part; 

(I) consider and accommodate the unique needs of students who are children with disabilities and English learners in implementing activities; and 

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(J) establish policies to expand access to quality counseling and mental health programs and services. 

(j) ACCOUNTABILITY.— 

(1) ESTABLISHMENT OF PERFORMANCE METRICS.—The Secretary, acting through the Director of the Institute of Education 

Sciences, shall establish program performance metrics to measure the effectiveness of the activities carried out under this part. 

(2) ANNUAL REPORT.—Each State that receives a grant 

under this part shall prepare and submit an annual report to 

the Secretary, which shall include information relevant to the 

conditions for learning, including progress toward meeting outcomes for the metrics established under paragraph (1). 

(k) EVALUATION.—From the amount reserved in accordance 

with section 9601, the Secretary, acting through the Director of the 

Institute of Education Sciences, shall conduct an evaluation of the 

impact of the practices funded or disseminated under this section. 

SEC. 4405. TECHNICAL ASSISTANCE. 

From the amount allocated under section 4403(1), the Secretary 

shall provide technical assistance to applicants, recipients, and 

subgrant recipients of the programs funded under this part. 

SEC. 4406. SCHOOL CONSTRUCTION AFTER A VIOLENT OR TRAUMATIC 

CRISIS. 

(a) IN GENERAL.—From the funds appropriated under section 

3(n)(2), the Secretary may provide financial assistance, as described 

in subsection (b), for a local educational agency that has an application approved by the Secretary and serves a school in which the 

learning environment has been disrupted due to a violent or traumatic crisis that took place on the school campus, to enable such 

local educational agency to carry out— 

(1) the acquisition (by purchase, lease, donation, or otherwise) of an interest in improved or unimproved real property 

that the local educational agency deems necessary to commence 

or continue an appropriate learning environment in a public elementary or secondary school, in the aftermath of a violent or 

traumatic crisis; and 

(2) the construction of new facilities, or the renovation, repair, or alteration of existing facilities, that the local educational agency deems necessary to commence or continue an 

appropriate learning environment in a public elementary or secondary school, in the aftermath of a violent or traumatic crisis. 

(b) FUNDING LIMITATION.—The amount of financial assistance 

provided under subsection (a) to a local educational agency shall 

not exceed 50 percent of the costs of the authorized activities in the 

approved application. 

(c) NONAPPLICABILITY.—Sections 4401 through 4405 shall not 

apply to this section. 

SEC. 4407. PROHIBITED USES OF FUNDS. 

No funds appropriated under this part may be used to pay 

for— 

(1) school resource officer or other security personnel salaries, metal detectors, security cameras, or other security-related 

salaries, equipment, or expenses; 

(2) drug testing programs; or 

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(3) the development, establishment, implementation, or enforcement of zero-tolerance discipline policies, other than those 

expressly required under the Gun-Free Schools Act (20 U.S.C. 

7151 et seq.). 

SEC. 4408. FEDERAL AND STATE NONDISCRIMINATION LAWS. 

Nothing in this part shall be construed to invalidate or limit 

nondiscrimination principles or rights, remedies, procedures, or 

legal standards available to victims of discrimination under any 

other Federal law or law of a State or political subdivision of a 

State, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 

2000d et seq.), title IX of the Education Amendments of 1972 (20 

U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of 

1973 (29 U.S.C. 794 and 794a), or the Americans with Disabilities 

Act of 1990 (42 U.S.C. 12101 et seq.). The obligations imposed by 

this part are in addition to those imposed by title VI of the Civil 

Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of 

the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans 

with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). 

* * * * * * * 

PART E—STUDENT NON-DISCRIMINATION 

SEC. 4501. SHORT TITLE. 

This part may be cited as the ‘‘Student Non-Discrimination Act 

of 2013’’. 

SEC. 4502. FINDINGS AND PURPOSES. 

(a) FINDINGS.—Congress finds the following: 

(1) Public school students who are lesbian, gay, bisexual, or 

transgender (referred to in this part as ‘‘LGBT’’), or are perceived to be LGBT, or who associate with LGBT people, have 

been and are subjected to pervasive discrimination, including 

harassment, bullying, intimidation, and violence, and have 

been deprived of equal educational opportunities, in schools in 

every part of the Nation. 

(2) While discrimination of any kind is harmful to students 

and to the education system, actions that target students based 

on sexual orientation or gender identity represent a distinct and 

severe problem that remains inadequately addressed by current 

Federal law. 

(3) Numerous social science studies demonstrate that discrimination at school has contributed to high rates of absenteeism, academic underachievement, dropping out, and adverse 

physical and mental health consequences among LGBT youth. 

(4) When left unchecked, discrimination in schools based on 

sexual orientation or gender identity can lead, and has led, to 

life-threatening violence and to suicide. 

(5) Public school students enjoy a variety of constitutional 

rights, including rights to equal protection, privacy, and free expression, which are infringed when school officials engage in or 

fail to take prompt and effective action to stop discrimination 

on the basis of sexual orientation or gender identity. 

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(6) Provisions of Federal statutory law expressly prohibit 

discrimination on the basis of race, color, sex, religion, disability, and national origin. The Department of Education and 

the Department of Justice, as well as numerous courts, have 

correctly interpreted the prohibitions on sex discrimination to 

include discrimination based on sex stereotypes and gender 

identity, even when that sex-based discrimination coincides or 

overlaps with discrimination based on sexual orientation. However, the absence of express Federal law prohibitions on discrimination on the basis of sexual orientation and gender identity has created unnecessary uncertainty that risks limiting access to legal remedies under Federal law for LGBT students 

and their parents. 

(b) PURPOSES.—The purposes of this part are— 

(1) to ensure that all students have access to public education in a safe environment free from discrimination, including harassment, bullying, intimidation, and violence, on the 

basis of sexual orientation or gender identity; 

(2) to provide a comprehensive Federal prohibition of discrimination in public schools based on actual or perceived sexual orientation or gender identity; 

(3) to provide meaningful and effective remedies for discrimination in public schools based on actual or perceived sexual orientation or gender identity; 

(4) to invoke congressional powers, including the power to 

enforce the 14th Amendment to the Constitution and to provide 

for the general welfare pursuant to section 8 of article I of the 

Constitution and the power to make all laws necessary and 

proper for the execution of the foregoing powers pursuant to section 8 of article I of the Constitution, in order to prohibit discrimination in public schools on the basis of sexual orientation 

or gender identity; and 

(5) to allow the Department of Education and the Department of Justice to effectively combat discrimination based on 

sexual orientation and gender identity in public schools, 

through regulation and enforcement, as the Departments have 

issued regulations under and enforced title IX of the Education 

Amendments of 1972 and other nondiscrimination laws in a 

manner that effectively addresses discrimination. 

SEC. 4503. DEFINITIONS AND RULE. 

(a) DEFINITIONS.—For purposes of this part: 

(1) EDUCATIONAL AGENCY.—The term ‘‘educational agency’’ 

means a local educational agency, an educational service agency, and a State educational agency. 

(2) GENDER IDENTITY.—The term ‘‘gender identity’’ means 

the gender-related identity, appearance, or mannerisms or other 

gender-related characteristics of an individual, with or without 

regard to the individual’s designated sex at birth. 

(3) HARASSMENT.—The term ‘‘harassment’’ means conduct, 

including bullying, that is sufficiently severe, persistent, or pervasive to limit or interfere with a student’s ability to participate 

in or benefit from a program or activity of a public school or 

educational agency, including acts of verbal, nonverbal, or 

physical aggression, intimidation, or hostility, and communicamstockstill on DSK4VPTVN1PROD with HEARINGS

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tions made available through electronic means, if such conduct 

is based on— 

(A) a student’s actual or perceived sexual orientation or 

gender identity; or 

(B) the actual or perceived sexual orientation or gender 

identity of a person with whom a student associates or has 

associated. 

(4) PROGRAM OR ACTIVITY.—The terms ‘‘program or activity’’ and ‘‘program’’ have the same meanings given such terms 

as applied under section 606 of the Civil Rights Act of 1964 (42 

U.S.C. 2000d–4a) to the operations of public entities under 

paragraph (2)(B) of such section. 

(5) PUBLIC SCHOOL.—The term ‘‘public school’’ means an elementary school that is a public institution, and a secondary 

school that is a public institution. 

(6) SEXUAL ORIENTATION.—The term ‘‘sexual orientation’’ 

means homosexuality, heterosexuality, or bisexuality. 

(7) STUDENT.—The term ‘‘student’’ means an individual 

within the age limits for which the State provides free public 

education who is enrolled in a public school or who, regardless 

of official enrollment status, attends classes or participates in 

the programs or activities of a public school or local educational 

agency. 

(b) RULE.—Consistent with Federal law, in this part the term 

‘‘includes’’ means ‘‘includes but is not limited to’’. 

SEC. 4504. PROHIBITION AGAINST DISCRIMINATION. 

(a) IN GENERAL.—No student shall, on the basis of actual or 

perceived sexual orientation or gender identity of such individual or 

of a person with whom the student associates or has associated, be 

excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity if any part 

of the program or activity receives Federal financial assistance. 

(b) HARASSMENT.—For purposes of this part, discrimination includes harassment of a student on the basis of actual or perceived 

sexual orientation or gender identity of such student or of a person 

with whom the student associates or has associated. 

(c) RETALIATION PROHIBITED.— 

(1) PROHIBITION.—No person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination, retaliation, or reprisal under any program or activity receiving Federal financial assistance based on the person’s opposition to conduct made unlawful by this part. 

(2) DEFINITION.—For purposes of this subsection, ‘‘opposition to conduct made unlawful by this part’’ includes— 

(A) opposition to conduct believed to be made unlawful 

by this part or conduct that could be believed to become unlawful under this part if allowed to continue; 

(B) any formal or informal report, whether oral or 

written, to any governmental entity, including public 

schools and educational agencies and employees of the public schools or educational agencies, regarding conduct made 

unlawful by this part, conduct believed to be made unlawful by this part, or conduct that could be believed to become 

unlawful under this part if allowed to continue; 

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(C) participation in any investigation, proceeding, or 

hearing related to conduct made unlawful by this part, conduct believed to be made unlawful by this part, or conduct 

that could be believed to become unlawful under this part 

if allowed to continue; and 

(D) assistance or encouragement provided to any other 

person in the exercise or enjoyment of any right granted or 

protected by this part, 

if in the course of that opposition to conduct made unlawful by 

this part, the person involved does not purposefully provide information known to be materially false to any public school or 

educational agency or other governmental entity regarding conduct made unlawful by this part, or conduct believed to be 

made unlawful by this part, or conduct that could be believed 

to become unlawful under this part if allowed to continue. 

SEC. 4505. FEDERAL ADMINISTRATIVE ENFORCEMENT; REPORT TO 

CONGRESSIONAL COMMITTEES. 

(a) REQUIREMENTS.—Each Federal department and agency 

which is empowered to extend Federal financial assistance to any 

education program or activity, by way of grant, loan, or contract 

other than a contract of insurance or guaranty, is authorized and 

directed to effectuate the provisions of section 4504 with respect to 

such program or activity by issuing rules, regulations, or orders of 

general applicability which shall be consistent with achievement of 

the objectives of the statute authorizing the financial assistance in 

connection with which the action is taken. No such rule, regulation, 

or order shall become effective unless and until approved by the 

President. 

(b) ENFORCEMENT.—Compliance with any requirement adopted 

pursuant to this section may be effected— 

(1) by the termination of or refusal to grant or to continue 

assistance under such program or activity to any recipient as to 

whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the 

particular political entity, or part thereof, or other recipient as 

to whom such a finding has been made, and shall be limited 

in its effect to the particular program, or part thereof, in which 

such noncompliance has been so found; or 

(2) by any other means authorized by law, 

except that no such action shall be taken until the department or 

agency concerned has advised the appropriate person or persons of 

the failure to comply with the requirement and has determined that 

compliance cannot be secured by voluntary means. 

(c) REPORTS.—In the case of any action terminating, or refusing 

to grant or continue, assistance because of failure to comply with a 

requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the 

House of Representatives and Senate having legislative jurisdiction 

over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall 

become effective until 30 days have elapsed after the filing of such 

report. 

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SEC. 4506. PRIVATE CAUSE OF ACTION. 

(a) PRIVATE CAUSE OF ACTION.—Subject to subsection (c), and 

consistent with the cause of action recognized under title VI of the 

Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title IX of 

the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), and 

their implementing regulations, an aggrieved person may bring an 

action in a court of competent jurisdiction, asserting a violation of 

this part or the requirements adopted to effectuate this part. Aggrieved persons may be awarded all appropriate relief, including equitable relief, compensatory damages, and costs of the action. 

(b) RULE OF CONSTRUCTION.—This section shall not be construed to preclude an aggrieved person from obtaining remedies 

under any other provision of law or to require such person to exhaust any administrative complaint process or notice of claim requirement before seeking redress under this section. 

(c) STATUTE OF LIMITATIONS.—For actions brought pursuant to 

this section, the statute of limitations period shall be determined in 

accordance with section 1658(a) of title 28, United States Code. The 

tolling of any such limitations period shall be determined in accordance with the law governing actions under section 1979 of the Revised Statutes (42 U.S.C. 1983) in the State in which the action is 

brought. 

SEC. 4507. CAUSE OF ACTION BY THE ATTORNEY GENERAL. 

The Attorney General is authorized to institute for or in the 

name of the United States a civil action for a violation of this part 

or the requirements adopted to effectuate this part in any appropriate district court of the United States against such parties and 

for such relief as may be appropriate, including equitable relief and 

compensatory damages. Whenever a civil action is instituted for a 

violation of this part, or the requirements adopted to effectuate this 

part, the Attorney General may intervene in such action upon timely 

application and shall be entitled to the same relief as if the Attorney 

General had instituted the action. Nothing in this part shall adversely affect the right of any person to sue or obtain relief in any 

court for any activity that violates this part, including requirements 

adopted to effectuate this part. 

SEC. 4508. STATE IMMUNITY. 

(a) STATE IMMUNITY.—A State shall not be immune under the 

11th Amendment to the Constitution from suit in Federal court for 

a violation of this part or the requirements adopted to effectuate this 

part. 

(b) WAIVER.—An educational agency’s, including a State educational agency’s, receipt or use of Federal financial assistance shall 

constitute a waiver of sovereign immunity, under the 11th Amendment or otherwise, to a suit brought by an aggrieved person for a 

violation of section 4504 or the requirements adopted to effectuate 

section 4504. 

(c) REMEDIES.—In a suit against a State for a violation of this 

part, remedies (including remedies both at law and in equity) are 

available for such a violation to the same extent as such remedies 

are available for such a violation in the suit against any public or 

private entity other than a State. 

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SEC. 4509. ATTORNEY’S FEES. 

Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is 

amended by inserting ‘‘the Student Non-Discrimination Act of 

2013,’’ after ‘‘Religious Land Use and Institutionalized Persons Act 

of 2000,’’. 

SEC. 4510. EFFECT ON OTHER LAWS. 

(a) FEDERAL AND STATE NONDISCRIMINATION LAWS.—Nothing 

in this part or the requirements adopted to effectuate this part shall 

be construed to preempt, invalidate, or limit rights, remedies, procedures, or legal standards available to victims of discrimination or 

retaliation, under any other Federal law or law of a State or political subdivision of a State, including titles IV and VI of the Civil 

Rights Act of 1964 (42 U.S.C. 2000c et seq., 2000d et seq.), title IX 

of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the 

Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), 

or section 1979 of the Revised Statutes (42 U.S.C. 1983). The obligations imposed by this part are in addition to those imposed by titles 

IV and VI of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq., 

2000d et seq.), title IX of the Education Amendments of 1972 (20 

U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 

(29 U.S.C. 794), the Americans with Disabilities Act of 1990 (42 

U.S.C. 12101 et seq.), and section 1979 of the Revised Statutes (42 

U.S.C. 1983). 

(b) FREE SPEECH AND EXPRESSION LAWS AND RELIGIOUS STUDENT GROUPS.—Nothing in this part shall be construed to alter 

legal standards regarding, or affect the rights available to individuals or groups under, other Federal laws that establish protections 

for freedom of speech and expression, such as legal standards and 

rights available to religious and other student groups under the 

First Amendment and the Equal Access Act (20 U.S.C. 4071 et seq.). 

SEC. 4511. SEVERABILITY. 

If any provision of this part, or an amendment made by this 

part, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this 

part, and the application of the provision to any other person or circumstance shall not be impacted. 

SEC. 4512. EFFECTIVE DATE. 

This part, and the amendments made by this part, shall take 

effect 60 days after the date of enactment of the Student Non-Discrimination Act of 2013 and shall not apply to conduct occurring 

before the effective date of this part. 

PART ƒB≈F—21ST CENTURY COMMUNITY 

LEARNING CENTERS 

SEC. ƒ4201≈4601. PURPOSE; DEFINITIONS. 

(a) PURPOSE.—The purpose of this part is ƒto provide≈to assist 

States in providing opportunities for ƒcommunities≈eligible entities 

to establish or expand activities in community learning centers 

that— 

(1) provide students with before school, after school, or 

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cluding providing tutorial services to help studentsƒ, particularly students≈ who attend low-performing ƒschools,≈schools to 

meet State and local student academic achievement standards 

in core academic subjects, such as reading and mathematics; 

(2) offer students who attend low-performing schools a 

broad array of additional services, programs, and activities, 

such as youth development activities, drug and violence prevention programs, counseling programs, art, music, and recreation 

programs, technology education programs, and character education programs, that are designed to reinforce and complement 

the regular academic program of participating students; ƒand≈ 

ƒ(3) offer families of students served by community learning centers opportunities for literacy and related educational 

development.≈ 

(3) significantly increase the number of hours in a regular 

school day, week, or year in order to provide students with additional time for academic work and for additional subjects 

and enrichment activities that increase student achievement 

and engagement; and 

(4) comprehensively redesign and implement an expanded 

school day, expanded school week, or expanded school year 

schedule for all students in a high-need school, to provide additional time for— 

(A) instruction in core academic subjects; 

(B) instruction in additional subjects and enrichment 

activities; and 

(C) teachers and staff to collaborate, plan, and engage 

in professional development within and across grades and 

subjects. 

(b) DEFINITIONS.—In this part: 

(1) COMMUNITY LEARNING CENTER.—The term ‘‘community 

learning center’’ means an entity ƒthat—≈that provides 1 or 

more of the following: 

(A) ƒassists≈Before school, after school, or summer 

learning programs that assist students in meeting State 

and local academic achievement standards in core academic subjects, such as reading and mathematics, by providing the students with opportunities for academic enrichment activities and a broad array of other activities (such 

as drug and violence prevention, counseling, art, music, 

recreation, technology, and character education programs) 

during nonschool hours or periods when school is not in 

session ƒ(such as before and after school or during summer 

recess)≈ that reinforce and complement the regular academic programs of the schools attended by the students 

servedƒ; and≈. 

ƒ(B) offers families of students served by such center 

opportunities for literacy and related educational development.≈ 

(B) Expanded learning time programs that significantly increase the total number of hours in a regular 

school day, week, or year, in order to provide students with 

the greatest academic needs with— 

(i) additional time to participate in academic activities that— 

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(I) are aligned with the instruction that such 

students receive during the regular school day; and 

(II) are targeted to the academic needs of such 

students; and 

(ii) time to engage in enrichment and other activities that complement the academic program and contribute to a well-rounded education, which may include 

music and the arts, physical education, and experiential and work-based learning opportunities. 

(C) Expanded learning time initiatives that use an expanded school day, expanded school week, or expanded 

school year schedule to increase the total number of school 

hours for the school year at a high-need school by not less 

than 300 hours and redesign the school’s program in a 

manner that includes additional time— 

(i) for academic work, and to support innovation 

in teaching, in order to improve the proficiency of participating students, particularly struggling students, in 

core academic subjects; 

(ii) to advance student learning for all students in 

all grades; 

(iii) for additional subjects and enrichment activities that contribute to a well-rounded education, which 

may include music and the arts, physical education, 

and experiential and work-based learning opportunities; and 

(iv) for teachers to engage in collaboration and 

professional planning, within and across grades and 

subjects. 

ƒ(2) COVERED PROGRAM.—The term ‘‘covered program’’ 

means a program for which— 

ƒ(A) the Secretary made a grant under part I of title 

X (as such part was in effect on the day before the date of 

enactment of the No Child Left Behind Act of 2001); and 

ƒ(B) the grant period had not ended on that date of enactment. 

ƒ(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a 

local educational agency, community-based organization, another public or private entity, or a consortium of two or more 

of such agencies, organizations, or entities.≈ 

(2) ELIGIBLE ENTITY.— 

(A) IN GENERAL.—The term ‘‘eligible entity’’ means a 

partnership of— 

(i) 1 or more high-need local educational agencies 

in partnership with 1 or more public entities or nonprofit organizations with a demonstrated record of success in designing and implementing before school, after 

school, summer learning, or expanded learning time 

activities; or 

(ii) 1 or more public entities or nonprofit organizations with a demonstrated record of success in designing and implementing before school, after school, summer learning, or expanded learning time activities, in 

partnership with 1 or more high-need local educational 

agencies. 

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(B) SPECIAL RULE.—A State educational agency shall 

deem a rural local educational agency applying for a grant 

under section 4604 without a partnering public or nonprofit 

entity to be an eligible entity if the rural local educational 

agency demonstrates that such agency is unable to partner 

with a public or nonprofit organization in reasonable geographic proximity or of sufficient quality to meet the requirements of this part. 

ƒ(4)≈(3) STATE.—The term ‘‘State’’ means each of the 50 

States, the District of Columbia, and the Commonwealth of 

Puerto Rico. 

SEC. ƒ4202≈4602. ALLOTMENTS TO STATES. 

(a) RESERVATION.—From the funds appropriated ƒunder section 

4206≈to carry out this part for any fiscal year, the Secretary shall 

reserve— 

ƒ(1) such amount as may be necessary to make continuation awards to grant recipients under covered programs 

(under the terms of those grants); ≈ 

ƒ(2)≈(1) not more than 1 percent for national activities, 

which the Secretary may carry out directly or through grants 

and contracts, such as providing technical assistance to eligible 

entities carrying out programs under this part or conducting a 

national evaluation; and 

ƒ(3)≈(2) not more than 1 percent for payments to the outlying areas and the ƒBureau of Indian Affairs≈Bureau of Indian Education, to be allotted in accordance with their respective needs for assistance under this part, as determined by the 

Secretary, to enable the outlying areas and the Bureau to carry 

out the purpose of this part. 

(b) STATE ALLOTMENTS.— 

(1) DETERMINATION.—From the funds appropriated ƒunder 

section 4206≈to carry out this part for any fiscal year and remaining after the Secretary makes reservations under subsection (a), the Secretary shall allot to each State for the fiscal 

year an amount that bears the same relationship to the remainder as the amount the State received under subpart 2 of part 

A of title I for the preceding fiscal year bears to the amount all 

States received under that subpart for the preceding fiscal year, 

except that no State shall receive less than an amount equal to 

one-half of 1 percent of the total amount made available to all 

States under this subsection. 

(2) REALLOTMENT OF UNUSED FUNDS.—If a State does not 

receive an allotment under this part for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the 

remaining States in accordance with this section. 

(c) STATE USE OF FUNDS.— 

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

under this part shall reserve not less than 95 percent of the 

amount allotted to such State under subsection (b), for each fiscal year for awards to eligible entities under section 

ƒ4204≈4604. 

(2) STATE ADMINISTRATION.—A State educational agency 

may use not more than 2 percent of the amount made available 

to the State under subsection (b) for— 

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(A) the administrative costs of carrying out its responsibilities under this part; 

(B) establishing and implementing a peer review process for grant applications described in section 

ƒ4204(b)≈4604(b) (including consultation with the Governor and other State agencies ƒresponsible for administering youth development programs and adult learning 

activities≈as applicable); and 

ƒsupervising the awarding of funds to eligible entities 

(in consultation with the Governor and other State agencies 

responsible for administering youth development programs 

and adult learning activities).≈ 

(C) supervising the awarding of funds to eligible entities (in consultation with the Governor and other State 

agencies responsible for administering youth development 

programs and adult learning activities). 

(3) STATE ACTIVITIES.—A State educational agency may use 

not more than 3 percent of the amount made available to the 

State under subsection (b) for the following activities: 

(A) Monitoring and comprehensive evaluation (directly, 

or through a grant or contract) of the effectiveness of programs and activities assisted under this part. 

ƒ(B) Providing capacity building, training, and technical assistance under this part.≈ 

(B) Providing capacity building, training, professional 

development, and technical assistance under this part to eligible entities, relating to activities such as— 

(i) coordinating activities carried out under this 

part with other Federal, State, and local programs so 

as to implement high-quality programs; and 

(ii) aligning activities carried out under this part 

with State academic content standards. 

ƒ(C) Comprehensive evaluation (directly, or through a 

grant or contract) of the effectiveness of programs and activities assisted under this part. 

ƒ(D) Providing training and technical assistance to eligible entities who are applicants for or recipients of awards 

under this part.≈ 

SEC. ƒ4203≈4603. STATE APPLICATION. 

(a) IN GENERAL.—In order to receive an allotment under section 

ƒ4202≈4602 for any fiscal year, a State shall submit to the Secretary, at such time as the Secretary may require, an application 

that— 

(1) designates the State educational agency as the agency 

responsible for the administration and supervision of programs 

assisted under this part; 

(2) describes how the State educational agency will use 

funds received under this part, including funds reserved for 

State-level activities; 

(3) contains an assurance that the State educational agency 

will make awards under this part only to eligible entities that 

propose to ƒserve— 

ƒ(A) students who primarily attend— 

ƒ(i) schools eligible for schoolwide programs under 

section 1114; or 

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ƒ(ii) schools that serve a high percentage of students from low-income families; and 

ƒ(B) the families of students described in subparagraph (A)≈serve students who primarily attend high-need 

schools and schools that are identified through a State’s accountability and improvement system under subsection (c) 

or (d) of section 1116; 

(4) describes the State’s rigorous, high-quality competition 

for grants under section 4204, including the procedures and criteria the State educational agency will use for reviewing applications and awarding funds to eligible entities on a competitive 

basisƒ, which shall include procedures and criteria that take 

into consideration the likelihood that a proposed community 

learning center will help participating students meet local content and student academic achievement standards≈; 

ƒ(5) describes how the State educational agency will ensure 

that awards made under this part are— 

ƒ(A) of sufficient size and scope to support high-quality, effective programs that are consistent with the purpose 

of this part; and 

ƒ(B) in amounts that are consistent with section 

4204(h);≈ 

(5) describes how the State educational agency will ensure that awards made under this part are of sufficient size 

and scope to support high-quality, effective programs that 

are consistent with the purpose of this part; 

(6) describes the steps the State educational agency will 

take to ensure that programs implement effective strategies, including providing ongoing technical assistance and training, 

evaluation, and dissemination of promising practices; 

ƒ(7) describes how programs under this part will be coordinated with programs under this Act, and other programs as appropriate;≈ 

(7) describes how the State educational agency will assist eligible entities in coordinating funds received through 

the grant with other funding streams, in order to support 

a coherent and sustainable approach to funding and implementing programs and activities under this part and other 

programs under this Act; 

(8) contains an assurance that the State educational agency— 

(A) will make awards for programs for a period of ƒnot 

less than 3 years and not more than 5 years≈not more than 

3 years, and may extend a grant for an additional period 

of not more than 2 years if the eligible entity is achieving 

the intended outcomes of the grant; and 

(B) will require each eligible entity seeking such an 

award to submit a plan describing how the community 

learning center to be funded through the award will continue after funding under this part ends; 

(9) contains an assurance that funds appropriated to carry 

out this part will be used to supplement, and not supplant, 

other Federal, State, and local public funds expended to provide 

programs and activities authorized under this part and other 

similar programs; 

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(10) contains an assurance that the State educational agency will require eligible entities to describe in their applications 

under section ƒ4204(b)≈4604(b) how the transportation needs, if 

any, of participating students will be addressed; 

(11) provides an assurance that the application was developed in consultation and coordination with appropriate State 

officials, including the chief State school officer, and other State 

agencies administering ƒbefore and after school (or summer 

school) programs, the heads of the State health and mental 

health agencies or their designees,≈before school, after school, 

summer learning, and expanded learning time programs and 

initiatives, and representatives of teachers, parents, students, 

the business community, and community-based organizations; 

(12) describes the results of the State’s needs and resources 

assessment for ƒbefore and after school≈before school, after 

school, summer learning, and expanded learning time activities, 

which shall be based on the results of on-going State evaluation 

activities; 

(13) describes how the State educational agency will evaluate, on a regular basis, and not less than every 3 years after 

the receipt of the grant, the effectiveness of programs and activities carried out under this part, which shall include, at a minimum— 

ƒ(A) a description of the performance indicators and 

performance measures that will be used to evaluate programs and activities; and≈ 

(A) a description of the benchmarks and performance 

goals that will be used to hold eligible entities accountable 

and to determine whether to provide eligible entities receiving a grant under section 4604 with an additional 2-year 

period of grant funding after the initial 3-year grant; and 

(B) public dissemination of the evaluations of programs 

and activities carried out under this part; ƒand≈ 

(14) provides for timely public notice of intent to file an application and an assurance that the application will be available for public review after submissionƒ.≈; and 

(15) contains an assurance that each eligible entity that applies for an award under section 4604 shall have the flexibility 

to apply for funds to carry out programs described in subparagraph (A), (B), or (C) of section 4601(b)(1). 

(b) DEEMED APPROVAL.—An application submitted by a State 

educational agency pursuant to subsection (a) shall be deemed to be 

approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning 

on the date on which the Secretary received the application, that the 

application is not in compliance with this part. 

(c) DISAPPROVAL.—The Secretary shall not finally disapprove 

the application, except after giving the State educational agency notice and opportunity for a hearing. 

(d) NOTIFICATION.—If the Secretary finds that the application is 

not in compliance, in whole or in part, with this part, the Secretary 

shall— 

(1) give the State educational agency notice and an opportunity for a hearing; and 

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(2) notify the State educational agency of the finding of 

noncompliance, and, in such notification, shall— 

(A) cite the specific provisions in the application that 

are not in compliance; and 

(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. 

(e) RESPONSE.—If the State educational agency responds to the 

Secretary’s notification described in subsection (d)(2) during the 45- 

day period beginning on the date on which the agency received the 

notification, and resubmits the application with the requested information described in subsection (d)(2)(B), the Secretary shall approve 

or disapprove such application prior to the later of— 

(1) the expiration of the 45-day period beginning on the 

date on which the application is resubmitted; or 

(2) the expiration of the 120-day period described in subsection (b). 

(f) FAILURE TO RESPOND.—If the State educational agency does 

not respond to the Secretary’s notification described in subsection 

(d)(2) during the 45-day period beginning on the date on which the 

agency received the notification, such application shall be deemed to 

be disapproved. 

SEC. ƒ4204≈4604. LOCAL COMPETITIVE GRANT PROGRAM. 

(a) IN GENERAL.—A State that receives funds under this part 

for a fiscal year shall provide the amount made available under section ƒ4202(c)(1)≈4602(c)(1) to eligible entities for community learning centers in accordance with this part. 

(b) APPLICATION.— (1) IN GENERAL.—To be eligible to receive an award under 

this part, an eligible entity shall submit an application to the 

State educational agency at such time, in such manner, and including such information as the State educational agency may 

reasonably require. 

(2) CONTENTS.—Each application submitted under paragraph (1) shall include— 

ƒ(A) a description of the before and after school or 

summer recess activities to be funded, including— 

ƒ(i) an assurance that the program will take place 

in a safe and easily accessible facility; 

ƒ(ii) a description of how students participating in 

the program carried out by the community learning 

center will travel safely to and from the center and 

home; and 

ƒ(iii) a description of how the eligible entity will 

disseminate information about the community learning 

center (including its location) to the community in a 

manner that is understandable and accessible;≈ 

(A) a description of the before school, after school, summer learning, or expanded learning time activities to be 

funded, including— 

(i) evidence that research-based strategies for student achievement and engagement will be utilized in 

the program; 

(ii) as applicable, an explanation of how the program will offer students— 

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(I) academic instruction that is aligned with 

the academic needs of the students, including 

English learners and students who are children 

with disabilities; and 

(II) engaging enrichment activities that are 

aligned with the developmental needs and interests 

of the students, and that contribute to a wellrounded education; 

(iii) an assurance that the program will take place 

in a safe learning environment and an easily accessible 

facility; 

(iv) if applicable, a description of how students 

participating in the program will travel safely to and 

from home; and 

(v) a description of how the eligible entity will disseminate information about the program to the community in a manner that is understandable and accessible; 

(B) a description of how the ƒactivity≈program is expected to improve student academic achievement and help 

keep students on a path to make sufficient academic 

growth; 

(C) an identification of Federal, State, and local programs that will be combined or coordinated with the proposed program to make the most effective use of public resources; 

(D) an assurance that the proposed program was developed, and will be carried out, in active collaboration with 

the schools the students attend; 

ƒ(E) a description of how the activities will meet the 

principles of effectiveness described in section 4205(b);≈ 

(E) as applicable, an explanation of how the program 

will offer students— 

(i) academic instruction that is aligned with the 

academic needs of the students; and 

(ii) engaging enrichment activities that are aligned 

with the developmental needs and interests of the students, and that contribute to a well-rounded education; 

(F) an assurance that the program will primarily target students who attend ƒschools eligible for schoolwide 

programs under section 1114 and the families of such students≈high-need schools and schools that are identified 

through a State’s accountability and improvement system 

under subsections (c) or (d) of section 1116; 

(G) an assurance that funds under this part will be 

used to increase the level of State, local, and other non-Federal funds that would, in the absence of funds under this 

part, be made available for programs and activities authorized under this part, and in no case supplant Federal, 

State, local, or non-Federal funds; 

ƒ(H) a description of the partnership between a local 

educational agency, a community-based organization, and 

another public entity or private entity, if appropriate;≈ 

(H) a description of the capacity of the eligible entity 

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fully implement the program, including the quality and experience of the management team of such partners; 

(I) an evaluation of the community needs and available 

resources for the community learning center and a description of how the program proposed to be carried out ƒin the 

center≈ will address those needs ƒ(including the needs of 

working families)≈; 

ƒ(J) a demonstration that the eligible entity has experience, or promise of success, in providing educational and 

related activities that will complement and enhance the 

academic performance, achievement, and positive youth development of the students;≈ 

(J) a description of the education and training activities that program staff and teachers, as applicable, have received or will receive to effectively administer the proposed 

program; 

(K) a description of a preliminary plan for how the 

community learning center will continue after funding 

under this part ends; and 

ƒ(L) an assurance that the community will be given notice of an intent to submit an application and that the application and any waiver request will be available for public review after submission of the application; 

ƒ(M) if the eligible entity plans to use senior volunteers 

in activities carried out through the community learning 

center, a description of how the eligible entity will encourage and use appropriately qualified seniors to serve as the 

volunteers; and≈ 

ƒ(N)≈(L) such other information and assurances as the 

State educational agency may reasonably require. 

(c) APPROVAL OF CERTAIN APPLICATIONS.—The State educational agency may approve an application under this part for a 

program to be located in a facility other than an elementary school 

or secondary school only if the program will be at least as available 

and accessible to the students to be served as if the program were 

located in an elementary school or secondary school. 

ƒ(d) PERMISSIVE LOCAL MATCH.— ƒ(1) IN GENERAL.—A State educational agency may require 

an eligible entity to match funds awarded under this part, except that such match may not exceed the amount of the grant 

award and may not be derived from other Federal or State 

funds. 

ƒ(2) SLIDING SCALE.—The amount of a match under paragraph (1) shall be established based on a sliding fee scale that 

takes into account— 

ƒ(A) the relative poverty of the population to be targeted by the eligible entity; and 

ƒ(B) the ability of the eligible entity to obtain such 

matching funds. 

ƒ(3) IN-KIND CONTRIBUTIONS.—Each State educational 

agency that requires an eligible entity to match funds under 

this subsection shall permit the eligible entity to provide all or 

any portion of such match in the form of in-kind contributions. 

ƒ(4) CONSIDERATION.—Notwithstanding this subsection, a 

State educational agency shall not consider an eligible entity’s 

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ability to match funds when determining which eligible entities 

will receive awards under this part.≈ 

ƒ(e)≈(d) PEER REVIEW.—In reviewing local applications under 

this section, a State educational agency shall use a peer review process or other methods of assuring the quality of such applications. 

ƒ(f)≈(e) GEOGRAPHIC DIVERSITY.—To the extent practicable, a 

State educational agency shall distribute funds under this part equitably among geographic areas within the State, including urban 

and rural communities. 

ƒ(g)≈(f) DURATION OF AWARDS.—Grants under this part may be 

awarded for a period of ƒnot less than 3 years and not more than 

5 years≈not more than 3 years, and may be extended for an additional period of not more than 2 years, if an eligible entity is achieving the intended outcomes of the grant. 

ƒ(h) AMOUNT OF AWARDS.—A grant awarded under this part 

may not be made in an amount that is less than $50,000.≈ 

ƒƒ(i)≈(g) PRIORITY.— 

ƒ(1) IN GENERAL.—In awarding grants under this part, a 

State educational agency shall give priority to applications— 

ƒ(A) proposing to target services to students who attend 

schools that have been identified as in need of improvement 

under section 1116; and 

ƒ(B) submitted jointly by eligible entities consisting of 

not less than 1— 

ƒ(i) local educational agency receiving funds under 

part A of title I; and 

ƒ(ii) community-based organization or other public 

or private entity. 

ƒ(2) SPECIAL RULE.—The State educational agency shall 

provide the same priority under paragraph (1) to an application 

submitted by a local educational agency if the local educational 

agency demonstrates that it is unable to partner with a community-based organization in reasonable geographic proximity and 

of sufficient quality to meet the requirements of this part.≈ 

(g) PRIORITY.— 

(1) IN GENERAL.—In awarding grants under this part, a 

State educational agency shall give priority to high-quality applications that— 

(A) are based on strong research evidence for improving student learning, as measured by student achievement 

and other measures of student learning and development 

that are appropriate for, and aligned to, the program’s 

goals and design; 

(B) propose to serve the highest percentage of students 

from low-income families; 

(C) include a partnership agreement, signed by each 

partner of the eligible entity, that— 

(i) shows that the staff of each partner is committed to work collaboratively to implement the proposed activities, including through coordinated planning, collaborative implementation, and joint professional development and training opportunities; 

(ii) sets clear expectations, including measurable 

goals for each partner; 

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(iii) requires the collection and reporting of data 

about the outcomes of programs funded under this 

part, in order to monitor progress toward achieving 

such goals and inform implementation; and 

(iv) specifies how student information will be 

shared to advance the goals of the proposed program 

and activities, including student academic achievement 

and engagement data, as appropriate and in accordance with Federal, State, and local laws; and 

(D) are submitted by eligible entities that will provide 

matching funds to carry out the activities supported by the 

grant, as described in paragraph (2). 

(2) MATCHING FUNDS.— (A) AMOUNT OF MATCHING FUNDS.—In awarding 

grants under this section, a State educational agency shall 

give priority to applications from eligible entities that, in 

addition to meeting the requirements of paragraph (1), provide matching funds in an amount not less than— 

(i) for the first year of an initial grant under this 

section, 10 percent of the cost of the activities; 

(ii) for the second year of such grant, 20 percent of 

the cost of the activities; 

(iii) for the third year of such grant, and for the 

first year of a subsequent grant under this section, 30 

percent of the cost of the activities; and 

(iv) for the second or any succeeding year of such 

subsequent grant, 40 percent of the cost of the activities. 

(B) CASH OR IN-KIND.—The eligible entity may provide 

the matching funds described in subparagraph (A) in cash 

or in-kind, fairly evaluated, including plant, equipment, or 

services, but may not provide more than 50 percent of the 

matching funds in-kind. 

(C) WAIVER.—A State educational agency may waive 

all or part of the matching requirement for priority described in this paragraph, on a case-by-case basis, upon a 

showing of serious financial hardship. 

(h) SPECIAL RULE.—In implementing programs under this part, 

the Secretary shall not give priority to, show preference for, or provide direction about whether communities use funds under this part 

for eligible entities described in subparagraph (A), (B), or (C) of section 4601(b)(1). 

SEC. ƒ4205≈4605. LOCAL ACTIVITIES. 

(a) AUTHORIZED ACTIVITIES.—Each eligible entity that receives 

an award under this part may use the award funds to carry out a 

broad array of ƒbefore and after school activities (including during 

summer recess periods)≈before school, after school, summer learning, or expanded learning time activities that advance student academic achievement, including— 

(1) high-quality expanded learning time programs or initiatives; 

ƒ(1)≈(2) remedial education activities and academic enrichment learning programs, including providing additional assistance to students to allow the students to improve their academic 

achievement; 

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ƒ(2)≈(3) mathematics and science education activities; 

ƒ(3)≈(4) arts and music education activities; 

ƒ(4)≈(5) entrepreneurial education programs; 

ƒ(5)≈(6) tutoring services ƒ(including those provided by 

senior citizen volunteers)≈and mentoring programs; 

ƒ(6)≈(7) programs that provide after school activities for 

ƒlimited English proficient students≈English learners that emphasize language skills and academic achievement; 

ƒ(7)≈(8) recreational activities; 

ƒ(8)≈(9) telecommunications and technology education programs; 

ƒ(9)≈(10) expanded library service hours; 

ƒ(10)≈(11) programs that promote parental involvement 

and family literacy; 

ƒ(11)≈(12) programs that provide assistance to students 

who have been truant, suspended, or expelled to allow the students to improve their academic achievement; and 

ƒ(12)≈(13) drug and violence prevention programs, counseling programs, and character education programs. 

ƒ(b) PRINCIPLES OF EFFECTIVENESS.— 

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

pursuant to this part to meet the principles of effectiveness, such 

program or activity shall— 

ƒ(A) be based upon an assessment of objective data regarding the need for before and after school programs (including during summer recess periods) and activities in the 

schools and communities; 

ƒ(B) be based upon an established set of performance 

measures aimed at ensuring the availability of high quality 

academic enrichment opportunities; and 

ƒ(C) if appropriate, be based upon scientifically based 

research that provides evidence that the program or activity 

will help students meet the State and local student academic achievement standards. 

ƒ(2) PERIODIC EVALUATION.— ƒ(A) IN GENERAL.—The program or activity shall undergo a periodic evaluation to assess its progress toward 

achieving its goal of providing high quality opportunities 

for academic enrichment. 

ƒ(B) USE OF RESULTS.—The results of evaluations 

under subparagraph (A) shall be— 

ƒ(i) used to refine, improve, and strengthen the 

program or activity, and to refine the performance 

measures; and 

ƒ(ii) made available to the public upon request, 

with public notice of such availability provided.≈ 

(b) PERFORMANCE INDICATORS.—Each State educational agency 

that receives a grant under this part shall collect, and annually report to the Secretary, information on the following performance indicators, disaggregated, as appropriate, by the subgroups described 

in section 1111(a)(2)(B)(x): 

(1) The average time added to the school day, school week, 

or school year, if applicable. 

(2) Student participation and attendance rates for the programs funded under this part. 

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(3) Student achievement in core academic subjects and high 

school graduation rates, as applicable, for students who participate in such programs. 

ƒSEC. 4206. ƒ20 U.S.C. 7176≈ AUTHORIZATION OF APPROPRIATIONS. 

ƒThere are authorized to be appropriated— 

ƒ(1) $1,250,000,000 for fiscal year 2002; 

ƒ(2) $1,500,000,000 for fiscal year 2003; 

ƒ(3) $1,750,000,000 for fiscal year 2004; 

ƒ(4) $2,000,000,000 for fiscal year 2005; 

ƒ(5) $2,250,000,000 for fiscal year 2006; and 

ƒ(6) $2,500,000,000 for fiscal year 2007.≈ 

* * * * * * * 

PART G—PROMISE NEIGHBORHOODS 

SEC. 4701. SHORT TITLE. 

This part may be cited as the ‘‘Promise Neighborhoods Act of 

2013’’. 

SEC. 4702. PURPOSE. 

The purpose of this part is to significantly improve the academic and developmental outcomes of children living in our Nation’s most distressed communities from birth through college and 

career entry, including ensuring school readiness, high school graduation, and college and career readiness for such children, through 

the use of data-driven decisionmaking and access to a communitybased continuum of high-quality services, beginning at birth. 

SEC. 4703. DEFINITIONS. 

In this part: 

(1) CHILD.—The term ‘‘child’’ means an individual from 

birth through age 21. 

(2) COLLEGE AND CAREER READINESS.—The term ‘‘college 

and career readiness’’ means the level of preparation a student 

needs in order to meet the State academic content and student 

academic achievement standards under section 1111(a)(1). 

(3) COMMUNITY OF PRACTICE.—The term ‘‘community of 

practice’’ means a group of entities that interact regularly to 

share best practices to address 1 or more persistent problems, 

or improve practice with respect to such problems, in 1 or more 

neighborhoods. 

(4) COMPREHENSIVE SCHOOL READINESS ASSESSMENT.—The 

term ‘‘comprehensive school readiness assessment’’ means an objective tool that— 

(A) screens for school readiness across domains, including language, cognitive, physical, motor, sensory, and social-emotional domains, and through a developmental 

screening; and 

(B) may also include other sources of information, such 

as child observations by parents and others, verbal and 

written reports, child work samples (for children aged 3 to 

5), and health and developmental histories. 

(5) DEVELOPMENTAL SCREENING.—The term ‘‘developmental 

screening’’ means the use of a standardized tool to identify a 

child who may be at risk of a developmental delay or disorder. 

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(6) EXPANDED LEARNING TIME.—The term ‘‘expanded learning time’’ means the activities and programs described in subparagraphs (A), (B), and (C) of section 4601(b)(1). 

(7) FAMILY AND COMMUNITY ENGAGEMENT.—The term ‘‘family and community engagement’’ means the process of engaging 

family and community members in education meaningfully and 

at all stages of the planning, implementation, and school and 

neighborhood improvement process, including, at a minimum— 

(A) disseminating a clear definition of the neighborhood to the members of the neighborhood; 

(B) ensuring representative participation by the members of such neighborhood in the planning and implementation of the activities of each grant awarded under this 

part; 

(C) regular engagement by the eligible entity and the 

partners of the eligible entity with family members and 

community partners; 

(D) the provision of strategies and practices to assist 

family and community members in actively supporting student achievement and child development; and 

(E) collaboration with institutions of higher education, 

workforce development centers, and employers to align expectations and programming with college and career readiness. 

(8) FAMILY AND STUDENT SUPPORTS.—The term ‘‘family and 

student supports’’ includes— 

(A) health programs (including both mental health and 

physical health services); 

(B) school, public, and child-safety programs; 

(C) programs that improve family stability; 

(D) workforce development programs (including those 

that meet local business needs, such as internships and 

externships); 

(E) social service programs; 

(F) legal aid programs; 

(G) financial literacy education programs; 

(H) adult education and family literacy programs; 

(I) parent, family, and community engagement programs; and 

(J) programs that increase access to learning technology and enhance the digital literacy skills of students. 

(9) FAMILY MEMBER.—The term ‘‘family member’’ means a 

parent, relative, or other adult who is responsible for the education, care, and well-being of a child. 

(10) INTEGRATED STUDENT SUPPORTS.—The term ‘‘integrated student supports’’ means wraparound services, supports, 

and community resources, which shall be offered through a site 

coordinator for at-risk students, that have been shown by evidence-based research— 

(A) to increase academic achievement and engagement; 

(B) to support positive child development; and 

(C) to increase student preparedness for success in college and the workforce. 

(11) NEIGHBORHOOD.—The term ‘‘neighborhood’’ means a 

defined geographical area in which there are multiple signs of 

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distress, demonstrated by indicators of need, including poverty, 

childhood obesity rates, academic failure, and rates of juvenile 

delinquency, adjudication, or incarceration. 

(12) PIPELINE SERVICES.—The term ‘‘pipeline services’’ 

means a continuum of supports and services for children from 

birth through college entry, college success, and career attainment, including, at a minimum, strategies to address through 

services or programs (including integrated student supports) the 

following: 

(A) Prenatal education and support for expectant parents. 

(B) High-quality early learning opportunities. 

(C) High-quality schools and out-of-school-time programs and strategies. 

(D) Support for a child’s transition to elementary 

school, including the administration of a comprehensive 

school readiness assessment. 

(E) Support for a child’s transition from elementary 

school to middle school, from middle school to high school, 

and from high school into and through college and into the 

workforce. 

(F) Family and community engagement. 

(G) Family and student supports. 

(H) Activities that support college and career readiness, 

including coordination between such activities, such as— 

(i) assistance with college admissions, financial 

aid, and scholarship applications, especially for low-income and low-achieving students; and 

(ii) career preparation services and supports. 

(I) Neighborhood-based support for college-age students 

who have attended the schools in the pipeline, or students 

who are members of the community, facilitating their continued connection to the community and success in college 

and the workforce. 

Subpart 1—Promise Neighborhood Partnership 

Grants 

SEC. 4711. PROGRAM AUTHORIZED. 

(a) IN GENERAL.— (1) PROGRAM AUTHORIZED.—From amounts appropriated to 

carry out this subpart, the Secretary shall award grants, on a 

competitive basis, to eligible entities to implement a comprehensive, evidence-based continuum of coordinated services and supports that engages community partners to improve academic 

achievement, student development, and college and career readiness, measured by common outcomes, by carrying out the activities described in section 4714 in neighborhoods with high 

concentrations of low-income individuals and schools identified 

as focus schools or priority schools under subsection (c) or (d) 

of section 1116. 

(2) SUFFICIENT SIZE AND SCOPE.—Each grant awarded 

under this subpart shall be of sufficient size and scope to allow 

the eligible entity to carry out the purpose of this part. 

(b) DURATION.—A grant awarded under this subpart— 

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(1) shall be for a period of not more than 5 years; and 

(2) may be renewed for not more than 1 additional grant 

period, if the eligible entity demonstrates significant improvement in relation to the performance metrics established under 

section 4716(a). 

(c) CONTINUED FUNDING.—Continued funding of a grant under 

this subpart, including a grant renewed under subsection (b)(2), 

after the third year of the grant period shall be contingent on the 

eligible entity’s progress toward meeting the performance metrics described in section 4716(a). 

(d) MATCHING REQUIREMENT.— 

(1) IN GENERAL.—Each eligible entity receiving a grant 

under this subpart shall contribute matching funds in an 

amount equal to not less than 100 percent of the amount of the 

grant. Such matching funds shall come from Federal, State, 

local, and private sources. 

(2) PRIVATE SOURCES.—The Secretary— 

(A) shall require that a portion of the matching funds 

come from private sources; and 

(B) may allow the use of in-kind donations to satisfy 

the matching funds requirement. 

(3) ADJUSTMENT.—The Secretary may adjust the matching 

funds requirement for applicants that demonstrate high need, 

including applicants from rural areas or applicants that wish 

to provide services on tribal lands. 

(e) FINANCIAL HARDSHIP WAIVER.— 

(1) IN GENERAL.—The Secretary may waive or reduce, on a 

case-by-case basis, the matching requirement described in subsection (d), for a period of 1 year at a time, if the eligible entity 

demonstrates significant financial hardship. 

(2) PRIVATE SOURCES WAIVER.—The Secretary may waive or 

reduce, on a case-by-case basis, the requirement described in 

subsection (d) that a portion of matching funds come from private sources if the eligible entity demonstrates an inability to 

access such funds in the State. 

SEC. 4712. ELIGIBLE ENTITIES. 

In this subpart, the term ‘‘eligible entity’’ means not less than 

1 nonprofit entity working in coordination with not less than 1 of 

the following entities: 

(1) A high-need local educational agency. 

(2) A charter school funded by the Bureau of Indian Education that is not a local educational agency, except that such 

school shall not be the fiscal agent for the eligible entity partnership. 

(3) An institution of higher education, as defined in section 

102 of the Higher Education Act of 1965. 

(4) The office of a chief elected official of a unit of local government. 

(5) An Indian tribe or tribal organization, as defined under 

section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). 

SEC. 4713. APPLICATION REQUIREMENTS. 

(a) IN GENERAL.—An eligible entity desiring a grant under this 

subpart shall submit an application to the Secretary at such time, 

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in such manner, and containing such information as the Secretary 

may require. 

(b) CONTENTS OF APPLICATION.—At a minimum, an application 

described in subsection (a) shall include the following: 

(1) A plan to significantly improve the academic outcomes 

of children living in a neighborhood that is served by the eligible entity, by providing pipeline services that address the needs 

of children in the neighborhood, as identified by the needs analysis described in paragraph (4) and supported by evidencebased practices. 

(2) A description of the neighborhood that the eligible entity 

will serve. 

(3) Measurable annual goals for the outcomes of the grant, 

including— 

(A) performance goals, in accordance with the metrics 

described in section 4716(a), for each year of the grant; and 

(B) projected participation rates and any plans to expand the number of children served or the neighborhood 

proposed to be served by the grant program. 

(4) An analysis of the needs and assets of the neighborhood 

identified in paragraph (2), including— 

(A) a description of the process through which the 

needs analysis was produced, including a description of 

how parents, family, and community members were engaged in such analysis; 

(B) an analysis of community assets, including programs already provided from Federal and non-Federal 

sources, within, or accessible to, the neighborhood, including, at a minimum— 

(i) early learning programs, including high-quality 

child care, Early Head Start programs, Head Start 

programs, and prekindergarten programs; 

(ii) the availability of healthy food options and opportunities for physical activity; 

(iii) existing family and student supports; 

(iv) locally owned businesses and employers; and 

(v) institutions of higher education; 

(C) evidence of successful collaboration within the 

neighborhood; 

(D) the steps that the eligible entity is taking, at the 

time of the application, to address the needs identified in 

the needs analysis; and 

(E) any barriers the eligible entity, public agencies, and 

other community-based organizations have faced in meeting such needs. 

(5) A description of the data used to identify the pipeline 

services to be provided, including data regarding— 

(A) school readiness; 

(B) academic achievement and college and career readiness; 

(C) graduation rates; 

(D) health indicators; 

(E) rates of enrollment, remediation, persistence, and 

completion at institutions of higher education, as available; 

and 

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(F) conditions for learning, including school climate 

surveys, discipline rates, and student attendance and incident data. 

(6) A description of the process used to develop the application, including the involvement of family and community members. 

(7) An estimate of— 

(A) the number of children, by age, who will be served 

by each pipeline service; and 

(B) for each age group, the percentage of children (of 

such age group), within the neighborhood, who the eligible 

entity proposes to serve, disaggregated by each service, and 

the goals for increasing such percentage over time. 

(8) A description of how the pipeline services will facilitate 

the coordination of the following activities: 

(A) Providing high-quality early learning opportunities 

for children, beginning prenatally and extending through 

grade 3, by— 

(i) supporting high-quality early learning opportunities that provide children with access to programs 

that support the cognitive and developmental skills, including social and emotional skills, needed for success 

in elementary school; 

(ii) providing for opportunities, through parenting 

classes, baby academies, home visits, family and community engagement, or other evidence-based strategies, 

for families and expectant parents to— 

(I) acquire the skills to promote early learning, 

development, and health and safety, including 

learning about child development and positive discipline strategies (such as through the use of technology and public media programming); 

(II) learn about the role of families and expectant parents in their child’s education; and 

(III) become informed about educational opportunities for their children, including differences 

in quality among early learning opportunities; 

(iii) ensuring successful transitions between early 

learning programs and elementary school, including 

through the establishment of memoranda of understanding between early learning providers and local 

educational agencies serving young children and families; 

(iv) ensuring appropriate screening, diagnostic assessments, and referrals for children with disabilities, 

developmental delays, or other special needs, consistent 

with the Individuals with Disabilities Education Act 

(20 U.S.C. 1400 et seq.), where applicable; 

(v) improving the early learning workforce in the 

community, including through— 

(I) investments in the recruitment, retention, 

distribution, and support of high-quality professionals, especially high-quality professionals with 

certification and experience in child development; 

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(II) the provision of high-quality teacher preparation and professional development; or 

(III) the use of joint professional development 

for early learning providers and elementary school 

teachers and administrators; and 

(vi) enhancing data systems and data sharing 

among the eligible entity, partners, early learning providers, schools, and local educational agencies operating in the neighborhood. 

(B) Supporting, enhancing, operating, or expanding 

rigorous and comprehensive education reforms designed to 

significantly improve educational outcomes for children in 

early learning programs through grade 12, which may include— 

(i) operating schools or working in close collaboration with local schools to provide high-quality academic programs, curricula, and integrated student supports; 

(ii) providing expanded learning time, which may 

include the integration and use of arts education in 

such learning time; and 

(iii) providing programs and activities that ensure 

that students— 

(I) are prepared for the college admissions, 

scholarship, and financial aid application processes; and 

(II) graduate college and career ready. 

(C) Supporting access to a healthy lifestyle, which may 

include— 

(i) the provision of high-quality and nutritious 

meals; 

(ii) access to programs that promote physical activity, physical education, and fitness; and 

(iii) education to promote a healthy lifestyle and 

positive body image. 

(D) Providing social, health, and mental health services and supports, including referrals for essential care and 

preventative screenings, for children, family, and community members, which may include— 

(i) dental services; 

(ii) vision care; and 

(iii) speech, language, and auditory screenings and 

referrals. 

(E) Supporting students and family members as the 

students transition from early learning programs into elementary school, from elementary school to middle school, 

from middle school to high school, from high school into 

and through college and into the workforce, including 

through evidence-based strategies to address challenges 

that students may face as they transition, such as the following: 

(i) Early college high schools. 

(ii) Dual enrollment programs. 

(iii) Career academies. 

(iv) Counseling and support services. 

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(v) Dropout prevention and recovery strategies. 

(vi) Collaboration with the juvenile justice system 

and reentry counseling for adjudicated youth. 

(vii) Advanced Placement or International Baccalaureate courses. 

(viii) Teen parent classrooms. 

(ix) Graduation and career coaches. 

(9) A description of the strategies that will be used to provide pipeline services (including a description of the process 

used to identify such strategies and the outcomes expected and 

a description of which programs and services will be provided 

to children, family members, community members, and children 

not attending schools or programs operated by the eligible entity 

or its partner providers) to support the purpose of this part. 

(10) An explanation of the process the eligible entity will 

use to establish and maintain family and community engagement. 

(11) An explanation of how the eligible entity will continuously evaluate and improve the continuum of high-quality pipeline services, including— 

(A) a description of the metrics, consistent with section 

4716(a), that will be used to inform each component of the 

pipeline; and 

(B) the processes for using data to improve instruction, 

optimize integrated student supports, provide for continuous program improvement, and hold staff and partner organizations accountable. 

(12) An identification of the fiscal agent, which may be any 

entity described in section 4712 (not including paragraph (2) of 

such section). 

(13) A list of the non-Federal sources of funding that the eligible entity will secure to comply with the matching funds requirement described in section 4711(d), in addition to other programs from which the eligible entity has already secured funding, including programs funded by the Department or programs 

of the Department of Health and Human Services, the Department of Housing and Urban Development, the Department of 

Justice, or the Department of Labor. 

(c) MEMORANDUM OF UNDERSTANDING.—An eligible entity, as 

part of the application described in this section, shall submit a preliminary memorandum of understanding, signed by each partner 

entity or agency. The preliminary memorandum of understanding 

shall describe, at a minimum— 

(1) each partner’s financial and programmatic commitment 

with respect to the strategies described in the application, including an identification of the fiscal agent; 

(2) each partner’s long-term commitment to providing pipeline services that, at a minimum, accounts for the cost of supporting the continuum of supports and services (including a 

plan for how to support services and activities after grant funds 

are no longer available) and potential changes in local government; 

(3) each partner’s mission and the plan that will govern the 

work that the partners do together; 

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(4) each partner’s long-term commitment to supporting the 

continuum of supports and services through data collection, 

monitoring, reporting, and sharing; and 

(5) each partner’s commitment to ensure sound fiscal management and controls, including evidence of a system of supports and personnel. 

SEC. 4714. USE OF FUNDS. 

(a) IN GENERAL.—Each eligible entity that receives a grant 

under this subpart shall use the grant funds to— 

(1) implement the pipeline services, as described in the application under section 4713; and 

(2) continuously evaluate the success of the program and 

improve the program based on data and outcomes. 

(b) SPECIAL RULES.— 

(1) FUNDS FOR PIPELINE SERVICES.—Each eligible entity 

that receives a grant under this subpart shall, following the second year of the grant and each subsequent year, including each 

year of a renewal grant, use not less than 80 percent of grant 

funds to carry out the activities described in subsection (a)(1). 

(2) OPERATIONAL FLEXIBILITY.—Each eligible entity that operates a school in a neighborhood served by a grant program 

under this subpart shall provide such school with the operational flexibility, including autonomy over staff, time, and 

budget, needed to effectively carry out the activities described in 

the application under section 4713. 

(3) LIMITATION ON USE OF FUNDS FOR EARLY CHILDHOOD

EDUCATION PROGRAMS.—Funds under this subpart that are 

used to improve early childhood education programs shall not 

be used to carry out any of the following activities: 

(A) Assessments that provide rewards or sanctions for 

individual children or teachers. 

(B) A single assessment that is used as the primary or 

sole method for assessing program effectiveness. 

(C) Evaluating children, other than for the purposes of 

improving instruction, classroom environment, professional 

development, or parent and family engagement, or program 

improvement. 

SEC. 4715. REPORT AND PUBLICLY AVAILABLE DATA. 

(a) REPORT.—Each eligible entity that receives a grant under 

this subpart shall prepare and submit an annual report to the Secretary, which shall include— 

(1) information about the number and percentage of children in the neighborhood who are served by the grant program, 

including a description of the number and percentage of children accessing each support or service offered as part of the 

pipeline services; 

(2) information relating to the performance metrics described in section 4716(a); and 

(3) other indicators that may be required by the Secretary, 

in consultation with the Director of the Institute of Education 

Sciences. 

(b) PUBLICLY AVAILABLE DATA.—Each eligible entity that receives a grant under this subpart shall make publicly available, including through electronic means, the information described in submstockstill on DSK4VPTVN1PROD with HEARINGS

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section (a). To the extent practicable, such information shall be provided in a form and language accessible to parents and families in 

the neighborhood, and such information shall be a part of statewide 

longitudinal data systems. 

SEC. 4716. PERFORMANCE ACCOUNTABILITY AND EVALUATION. 

(a) PERFORMANCE METRICS.—Each eligible entity that receives 

a grant under this subpart shall collect data on performance indicators of pipeline services and family and student supports and report 

the results to the Secretary, who shall use the results as a consideration in continuing grants after the third year and in awarding 

grant renewals. The indicators shall, at a minimum, include the following: 

(1) Evidence of increasing qualifications for staff in early 

care and education programs attended by children in the neighborhood. 

(2) With respect to the children served by the grant— 

(A) the percentage of children who are ready for kindergarten, as measured by a comprehensive developmental 

screening instrument; 

(B) the percentage of school-age children proficient in 

core academic subjects; 

(C) evidence of narrowing student achievement gaps 

among the categories described in section 1111(a)(2)(B)(x); 

(D) the percentage of children who are reading at grade 

level by the end of grade 3; 

(E) the percentage of children who successfully transition from grade 8 to grade 9; 

(F) for each school year during the grant period, the 

percentage of students in prekindergarten, elementary 

school, and secondary school who miss more than 10 percent of school days for any reason, excused or unexcused, 

and the number and percentage of students who are suspended or expelled for any reason, starting in prekindergarten; 

(G) the percentage of children who graduate with a 

high school diploma; 

(H) the percentage of children who enter postsecondary 

education and remain after 1 year; 

(I) the percentage of children who are healthy, as measured by a child-health index that includes cognitive, nutritional, physical, social, mental health, and emotional domains; 

(J) the percentage of children who feel safe, as measured by a school climate survey; 

(K) rates of student mobility and homelessness; 

(L) opportunities for family members of children to receive education and job training; and 

(M) the percentage of children who have digital literacy 

skills and access to broadband internet and a connected 

computing device at home and at school. 

(b) EVALUATION.—The Secretary shall evaluate the implementation and impact of the activities funded under this subpart, in accordance with section 9601. 

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Subpart 2—Promise School Grants 

SEC. 4721. PROGRAM AUTHORIZED. 

(a) IN GENERAL.— 

(1) PROGRAM AUTHORIZED.—From amounts appropriated to 

carry out this subpart, the Secretary shall award grants, on a 

competitive basis, to eligible entities to implement school-centered, evidence-based strategies and integrated student supports 

that leverage community partnerships to improve student 

achievement and child development by carrying out the activities described in section 4724 in schools with high concentrations of low-income children. 

(2) SUFFICIENT SIZE AND SCOPE.—Each grant awarded 

under this subpart shall be of sufficient size and scope to allow 

the eligible entity to carry out the purpose of this part. 

(b) GENERAL PROVISIONS.—The requirements of subsections (b), 

(c), (d), and (e) of section 4711 and section 4714(b) shall apply to 

a grant under this subpart in the same manner as such subsections 

apply to a grant under subpart 1, except that the performance 

metrics used for section 4711(c) shall be the metrics under section 

4726(a). 

SEC. 4722. DEFINITION OF ELIGIBLE ENTITY. 

In this subpart, the term ‘‘eligible entity’’ means— 

(1) not less than 1 high-need local educational agency (including a charter school that is a local educational agency) in 

partnership with 1 or more nonprofit entities or institutions of 

higher education; or 

(2) a school funded by the Bureau of Indian Education that 

falls under the definition of a local educational agency in partnership with 1 or more nonprofit entities or institutions of higher education. 

SEC. 4723. APPLICATION REQUIREMENTS; PRIORITY. 

(a) IN GENERAL.—An eligible entity desiring a grant under this 

subpart shall submit an application to the Secretary at such time, 

in such manner, and containing such information as the Secretary 

may require. 

(b) CONTENTS OF APPLICATION.—At a minimum, the application described in subsection (a) shall include the following: 

(1) A description of the local educational agency, schools, 

and students that will be served by the grant program. 

(2) A description of the steps that the eligible entity is taking— 

(A) to meet the needs identified in the analysis described in paragraph (4); and 

(B) to remove any barriers that the eligible entity has 

identified in meeting such needs. 

(3) The designation of a site coordinator, with appropriate 

qualifications and appropriate time, autonomy, and support to 

provide— 

(A) leadership in building relationships and establishing and sustaining partnerships that support school improvement, school turnaround efforts in accordance with 

section 1116(d), increases in student achievement, positive 

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child development, and parent, family, and community engagement; and 

(B) effective coordination of student services at all 

stages of the continuum of high-quality pipeline services. 

(4) An analysis of the needs and assets of the schools and 

communities that will be assisted under the grant. Such analysis shall include— 

(A) student data, including information about— 

(i) kindergarten readiness, as measured by a comprehensive developmental screening instrument; 

(ii) academic achievement; 

(iii) credit accumulation; 

(iv) grade-to-grade promotion; 

(v) graduation; 

(vi) attendance; and 

(vii) discipline; and 

(B) information about the assets described in section 

4713(b)(4)(B) with respect to such schools and communities. 

(5) An explanation of how the eligible entity and its program partners will use evidence-based practice, data, research, 

and partnerships to provide pipeline services that— 

(A) address the needs identified in paragraph (4); 

(B) conduct family and community engagement; 

(C) enable teachers and administrators, including early 

learning providers, to complement and enrich efforts to help 

children— 

(i) achieve learning gains; 

(ii) prepare for graduation; and 

(iii) plan for the future, including preparing for 

college and careers; and 

(D) coordinate and leverage other programs that serve 

children, the schools served by the grant, and the neighborhood. 

(6) An explanation of the extent to which the eligible entity 

and its program partners will serve or involve children residing 

in the neighborhood regardless of whether such children attend 

a school served by the grant, including by carrying out the activities described in section 4713(b)(8). 

(7) A description of the capacity of the eligible entity for 

measuring student outcomes and school-specific outcomes. 

(8) A description of how the strategies supported with funds 

under this subpart will be— 

(A) coordinated with other programs and strategies 

carried out by the local educational agency; and 

(B) to the greatest extent practicable, coordinated with 

other agencies, such as agencies that provide reentry services to adjudicated youth. 

(9) A description of the strategy the eligible entity will use 

to— 

(A) conduct family and community engagement; and 

(B) make schools the centers of their respective communities. 

(10) A list of the non-Federal sources of funding that the eligible entity will secure to comply with the matching funds requirement pursuant to sections 4711(d) and 4721(b), in addimstockstill on DSK4VPTVN1PROD with HEARINGS

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tion to other programs the eligible entity has already secured 

funding from, including programs funded by the Department, 

or programs of the Department of Health and Human Services, 

the Department of Housing and Urban Development, the Department of Justice, or the Department of Labor. 

(c) MEMORANDUM OF UNDERSTANDING.—An eligible entity, as 

part of the application described in this section, shall submit a preliminary memorandum of understanding that meets the requirements of section 4713(c). 

(d) PRIORITY.—In awarding grants under this subpart, the Secretary shall give priority to applicants that— 

(1) propose to include significant investments, as determined by the Secretary, in high-quality early learning programs, consistent with section 4713(b)(8)(A); and 

(2) provide schools served by the grant with the operational 

flexibility, including autonomy over staff, time, and budget, 

needed to effectively carry out the activities described in the application under this section. 

SEC. 4724. USE OF FUNDS. 

(a) IN GENERAL.—Each eligible entity that receives a grant 

under this subpart shall use the grant funds to— 

(1) implement the activities described in the application 

under section 4723; and 

(2) continuously evaluate the success of the grant program 

and improve the grant program based on data and outcomes. 

(b) SPECIAL RULE.— 

(1) LIMITATION ON USE OF FUNDS FOR EARLY CHILDHOOD

EDUCATION PROGRAMS.—Funds under this subpart that are 

used to improve early childhood education programs shall not 

be used to carry out any of the following activities: 

(A) Assessments that provide rewards or sanctions for 

individual children or teachers. 

(B) A single assessment that is used as the primary or 

sole method for assessing program effectiveness. 

(C) Evaluating children, other than for the purposes of 

improving instruction, classroom environment, professional 

development, or parent and family engagement, or program 

improvement. 

SEC. 4725. REPORT AND PUBLICLY AVAILABLE DATA. 

(a) REPORT.—Each eligible entity that receives a grant under 

this subpart shall prepare and submit an annual report to the Secretary, which shall include— 

(1) information about the number and percentage of children served by the grant program, disaggregated by the subgroups described in section 1111(a)(2)(B)(x); 

(2) information relating to the performance metrics described in section 4726(a); and 

(3) other indicators that may be required by the Secretary, 

in consultation with the Director of the Institute of Education 

Sciences. 

(b) PUBLICLY AVAILABLE DATA.—Each eligible entity that receives a grant under this subpart shall make publicly available, including through electronic means, the information described in subsection (a). To the extent practicable, such information shall be promstockstill on DSK4VPTVN1PROD with HEARINGS

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vided in a form and language accessible to parents and families in 

the neighborhood. 

SEC. 4726. PERFORMANCE ACCOUNTABILITY AND EVALUATION. 

(a) PERFORMANCE METRICS.—Each eligible entity receiving a 

grant under this subpart shall collect data on performance indicators of pipeline services and family and student supports and report 

the results to the Secretary, who shall use the results as a consideration in continuing grants after the third year and awarding grant 

renewals. The indicators shall, at a minimum, include the indicators described in paragraphs (1) and (2) of section 4716(a). 

(b) EVALUATION.—The Secretary shall evaluate the implementation and impact of the activities funded under this subpart, in accordance with section 9601. 

Subpart 3—General Provisions 

SEC. 4731. NATIONAL ACTIVITIES. 

From the amounts appropriated to carry out this part for a fiscal year, in addition to the amounts that may be reserved in accordance with section 9601, the Secretary may reserve not more than 8 

percent for national activities, which may include— 

(1) research on the activities carried out under subparts 1 

and 2; 

(2) identification and dissemination of best practices, including through support for a community of practice; 

(3) technical assistance, including assistance relating to 

family and community engagement and outreach to potential 

partner organizations; 

(4) professional development, including development of materials related to professional development; and 

(5) other activities consistent with the purpose of this part. 

* * * * * * * 

PART H—PARENT AND FAMILY INFORMATION 

AND RESOURCE CENTERS 

SEC. 4801. PURPOSE. 

The purpose of this part is to increase and enhance parent and 

family engagement in education by— 

(1) providing support and technical assistance to State educational agencies; 

(2) supporting a community of practice related to effective 

parent and family engagement strategies and practices; and 

(3) as appropriate, providing information and training to 

local educational agencies, schools, parents and families, and 

community members. 

SEC. 4802. DEFINITION OF ELIGIBLE ENTITY. 

In this part, the term ‘‘eligible entity’’ means— 

(1) a nonprofit organization (including a statewide nonprofit organization); or 

(2) a consortium consisting of a nonprofit organization (including a statewide nonprofit organization) and a State educational agency or local educational agency. 

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SEC. 4803. GRANTS AUTHORIZED. 

(a) PARENT AND FAMILY INFORMATION AND RESOURCE CENTERS.—The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable such eligible entities to operate State parent and family information and resource centers that— 

(1) assist the State educational agency in identifying, implementing, and replicating effective, evidence-based parent, 

family, and community engagement strategies, including assisting the State educational agency in carrying out parent and 

family engagement strategies that are funded under section 

1118 and other provisions of this Act; 

(2) provide technical assistance, training, information, and 

support regarding parent and family engagement, as appropriate (including support in turning around schools), to, at a 

minimum, high-need schools, schools that are served by highneed local educational agencies, and early care and education 

providers that primarily serve low-income parents and families; 

and 

(3) strengthen partnerships among parents, family members, community-based organizations (including faith-based organizations), early care and education providers, schools, local 

educational agencies, employers, and other appropriate community members who are committed to improving and enhancing 

parent, family, and community engagement in order to improve 

student achievement and support positive child development. 

(b) DURATION.—Grants awarded under this part shall be for a 

period of 5 years. 

(c) GEOGRAPHIC DISTRIBUTION.—In awarding grants under this 

part, the Secretary shall ensure that not less than 1 grant is awarded to an eligible entity in each State, except that competitions conducted pursuant to section 4806(b)(2)(B), or for which no eligible entity from a State applies, shall be open to all eligible entities. 

(d) PRIORITY.—In awarding grants under this part, the Secretary shall give priority to applications from eligible entities that 

have a demonstrated record of effectiveness in increasing and enhancing the engagement of parents and families whose children attend a high-need school or a school that is served by a high-need 

local educational agency. 

SEC. 4804. APPLICATIONS. 

(a) SUBMISSION.—Each eligible entity that desires a grant 

under this part shall submit an application to the Secretary at such 

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

Secretary may require. 

(b) ASSURANCES.—Each application submitted under subsection 

(a) shall include, at a minimum, an assurance that the eligible entity will— 

(1)(A) be governed by a board of directors, of which not less 

than 50 percent is comprised of members who are— 

(i) parents or family members of school-aged children 

in the State that the eligible entity serves, including educationally and economically disadvantaged parents; and 

(ii) community stakeholders who are committed to improving schools and increasing parent and family engagement; or 

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(B) be an organization or consortium that represents the interests of parents and family members of school-aged children; 

(2) use not less than 60 percent of the funds received under 

this part for each fiscal year to support parent and family engagement in high-need local educational areas; 

(3) reserve not less than 30 percent of the funds received 

under this part for each fiscal year to support parent and family engagement of low-income parents and family members 

whose children attend early childhood education programs; 

(4) operate a parent and family information and resource 

center of sufficient size, scope, and quality to effectively carry 

out the purpose of this part; 

(5) ensure that parents and family members, including economically disadvantaged parents and family members with 

children who attend high-need schools or schools that are 

served by high-need local educational agencies, have access to 

leadership development training and other evidence-based strategies that provide the skills and resources parents and family 

members need to support school improvement, increase student 

achievement, and promote positive student development; and 

(6) demonstrate to the Secretary that a portion of the services provided by the eligible entity under the grant is supported 

through non-Federal contributions, which contributions may be 

in cash or in-kind. 

(c) CONTENTS.—In addition to the requirements described in 

subsection (b), each application submitted under subsection (a) 

shall, at a minimum— 

(1) describe how the eligible entity will serve both urban 

and rural areas throughout the State that is served by the eligible entity; 

(2) demonstrate the eligible entity’s record of effectiveness in 

carrying out parent and family engagement activities, including 

the provision of high-quality technical assistance to State educational agencies and local educational agencies; 

(3) describe the process through which the eligible entity 

will— 

(A) leverage relationships with, and collect and exchange information among, partners; and 

(B) disseminate information about evidence-based best 

practices to support parent and family engagement strategies; 

(4) describe the eligible entity’s strategy for serving parents 

and family members of children in the area served by the eligible entity, including parents and family members of students 

who are served by high-need local educational agencies; 

(5) describe how the eligible entity will assist the State educational agency in effectively supporting high-need local educational agencies in— 

(A) increasing parent and family member understanding of, and opportunities to develop, the knowledge 

and skills to engage as full partners in supporting academic achievement, child development, and school improvement; and 

(B) employing evidence-based strategies to— 

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(i) increase the participation of economically disadvantaged and English learner parents and family 

members, and low-income parents and family members 

of children with disabilities, in school activities; and 

(ii) improve parent and family engagement strategies in low-performing schools served by high-need 

local educational agencies; and 

(6) describe how the eligible entity will coordinate its activities with the parent training and information centers assisted 

under section 671 of the Individuals with Disabilities Education Act; 

(7) identify the Federal, State, and local services and programs that prepare children to be ready for institutions of higher education and careers with which the eligible entity will coordinate, including— 

(A) programs supported under this Act; 

(B) violence prevention programs; 

(C) programs that serve at-risk or out-of-school youth; 

(D) nutrition programs; 

(E) housing programs; 

(F) Head Start and other early childhood education 

programs; 

(G) adult education and literacy activities (as defined 

in section 203 of the Adult Education and Family Literacy 

Act); and 

(H) workforce development programs. 

SEC. 4805. USES OF FUNDS. 

(a) REQUIRED ACTIVITIES.—Each eligible entity that receives a 

grant under this part shall use such grant funds to provide services 

to parents, family members, educators, and community members 

and to assist State educational agencies, local educational agencies, 

and, where applicable, districtwide parent advisory committees in 

supporting parent and family engagement in education by carrying 

out the following activities: 

(1) Providing technical assistance to State educational 

agencies in— 

(A) reviewing and responding to local parent and family engagement plans described in section 1118(a) (including, at a minimum, such plans submitted by high-need 

local educational agencies) in order to support evidencebased strategies and best practices in parent and family engagement; 

(B) the implementation of Federal and State laws, regulations, and guidance relating to parent and family engagement; 

(C) the implementation or replication of statewide, evidence-based programs and strategies, such as professional 

development for educators related to parent and family engagement, especially that impact parents and family members who are educationally and economically disadvantaged; 

(D) ensuring that schools and classrooms are welcoming of family and community members; and 

(E) applicable evaluation, reporting, and accountability 

processes. 

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(2) Obtaining and disseminating information about the 

range of options, programs, services, and resources (including 

curricula) that are available at the national level, the State 

level, and the local level to assist school and local educational 

agency personnel in implementing evidence-based parent and 

family engagement strategies. 

(3) Coordinating parent and family engagement strategies 

with relevant Federal, State, and local services and programs. 

(4) Working with individuals and organizations with expertise in identifying and implementing evidence-based practices to 

improve parent and family engagement. 

(5) Coordinating and integrating early care and education 

programs with school-age programs, especially those programs 

focusing on supporting the transition of young children into 

kindergarten through grade 3, such as by increasing awareness 

of school readiness expectations among family and community 

members. 

(6) Implementing parent institutes or other leadership development strategies to ensure that parents and family members 

have the skills and resources needed to understand student and 

school data in order to make decisions, effectively communicate 

with school officials and educators, support school improvement, and increase student achievement. 

(b) PERMISSIVE ACTIVITIES.—In addition to the activities required under subsection (a), each eligible entity that receives a grant 

under this part may use such grant funds to carry out the following 

activities: 

(1) Developing and disseminating templates for schools and 

local educational agencies to use to provide information about 

curricula, academic expectations, academic assessments, and 

the results of academic assessments to family members in a 

manner and a language that such family members can understand. 

(2) Providing training, information, and support to organizations that support partnerships among schools, parents, family members, and districtwide parent advisory committees, as 

applicable. 

(3) Providing professional development to, and supporting 

a community of practice among, school and local educational 

agency staff (which may be provided jointly to educators and 

family members) to assist school and agency staff in developing 

and implementing strategies to increase and strengthen ongoing 

communication with parents and family members, including 

professional development opportunities that prepare teachers to 

have more focused, goal-oriented, and reciprocal parent-teacher 

conferences. 

SEC. 4806. ADMINISTRATIVE PROVISIONS. 

(a) MATCHING FUNDS FOR GRANT RENEWAL.—For each fiscal 

year after the first fiscal year for which an eligible entity receives 

assistance under this part, the eligible entity shall demonstrate that 

a portion of the services provided by the eligible entity is supported 

through non-Federal contributions, which contributions may be in 

cash or in-kind. 

(b) PERFORMANCE ACCOUNTABILITY.— 

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(1) PERFORMANCE INDICATORS.—Each eligible entity receiving a grant under this part shall submit to the Secretary an annual report regarding the parent and family information and 

resource centers assisted under this part. Such report shall be 

made publicly available, including through electronic means, 

and shall include, at a minimum, a description of how each 

parent and family information and resource center has performed with respect to the following indicators: 

(A) The number of local educational agencies or other 

entities that received assistance or support in the previous 

academic year. 

(B) The number of parents and family members whose 

children participated in the previous academic year in programs, activities, or strategies supported by the parent and 

family information and resource center, and— 

(i) the number of such parents whose children are 

eligible to be counted under section 1124(c)(1)(A); 

(ii) the number of such parents whose children are 

English learners; and 

(iii) the number of such parents who are parents of 

children with disabilities. 

(C) The outcomes directly attributable to the provision 

of assistance or support provided by the parent and family 

information and resource center, such as increased parent 

and family member participation in school planning activities, parent-teacher conferences, or the local educational 

agency budgeting process. 

(D) Other evidence-based indicators that the Secretary 

may reasonably require. 

(2) PERFORMANCE GOALS.— 

(A) IN GENERAL.—Each eligible entity that is awarded 

a grant under this part shall establish, in consultation 

with the Secretary, annual performance goals for each of 

the indicators described in paragraph (1). Such performance goals shall be made publicly available, including 

through electronic means. 

(B) CONSEQUENCES FOR POOR PERFORMANCE.—If an eligible entity receiving grant funds under this part does not 

meet the performance goals established under this paragraph for 2 consecutive years, after the provision of technical assistance in the second consecutive year, the Secretary shall terminate the grant and conduct a new competition for the grant. 

(C) LOSS OF ELIGIBILITY.—If an eligible entity has received a grant under this part and such grant has been terminated in accordance with subparagraph (B), the eligible 

entity shall not be eligible to participate in future grant 

competitions, or receive grant funds, under this part. 

(3) TECHNICAL ASSISTANCE.—The Secretary shall provide 

technical assistance to each eligible entity receiving a grant 

under this part that does not meet the performance goals established under paragraph (2). 

(c) REPORT TO CONGRESS.—The Secretary shall prepare and 

submit an annual report to the authorizing committees, which 

shall— 

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(1) include the information that each eligible entity submits 

to the Secretary in accordance with subsection (b)(1); 

(2) summarize and synthesize the best practices collected by 

the parent and family information and resource centers for increasing and improving parent, family, and community engagement; and 

(3) be made available to the public (including through electronic means). 

(d) RULE OF CONSTRUCTION.—Nothing in this part shall be construed to prohibit a parent and family information and resource 

center from— 

(1) allowing its employees or agents to meet with family 

members at a site that is not on school grounds; or 

(2) working with another public or nonprofit agency that 

serves children. 

(e) PARENTAL RIGHTS.—Notwithstanding any other provision of 

this part— 

(1) no individual (including a parent who educates a child 

at home, parent of a public school student, or parent of a private school student) shall be required to participate in any program of parent or family education or developmental screening 

under this part; and 

(2) a program or center assisted under this part shall not 

take any action that infringes in any manner on the right of a 

parent to direct the education of such parent’s child. 

ƒSubpart 3≈PART I—ƒReady-to-Learn 

Television≈READY-TO-LEARN 

ƒSEC. 2431≈SEC. 4901. ƒREADY-TO-LEARN TELEVISION≈READY-TOLEARN. 

(a) PROGRAM AUTHORIZED.— (1) IN GENERAL.—The Secretary is authorized to award 

grants to, or enter into contracts or cooperative agreements 

with, eligible entities described in paragraph (3) to enable such 

entities— 

(A) to develop, produce, and distribute educational and 

instructional video programming for preschool and elementary school children and their parents in order to facilitate 

student academic achievement; 

(B) to facilitate the development, directly or through 

contracts with producers of children and family educational television programming, of educational programming for preschool and elementary school children, and the 

accompanying support materials and services that promote 

the effective use of such programming; 

(C) to facilitate the development of programming and 

digital content containing Ready-to-Learn-based children’s 

programming and resources for parents and caregivers that 

is specially designed for nationwide distribution over public 

television stations’ digital broadcasting channels and the 

Internet; 

(D) to contract with entities (such as public telecommunications entities) so that programs developed under 

this section are disseminated and distributed to the widest 

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possible audience appropriate to be served by the programming, and through the use of the most appropriate distribution technologies; and 

(E) to develop and disseminate education and training 

materials, including interactive programs and programs 

adaptable to distance learning technologies, that are designed— 

(i) to promote school readiness; and 

(ii) to promote the effective use of materials developed under subparagraphs (B) and (C) among parents, 

teachers, Head Start providers, ƒEven Start providers,≈ providers of ƒfamily literacy services≈family 

literacy activities, child care providers, early childhood 

development personnel, elementary school teachers, 

public libraries, and after-school program personnel 

caring for preschool and elementary school children. 

(2) AVAILABILITY.—In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities make programming widely available, 

with support materials as appropriate, to young children, parents, child care workers, Head Start providers, ƒEven Start 

providers,≈ and providers of ƒfamily literacy services≈family 

literacy activities to increase the effective use of such programming. 

(3) ELIGIBLE ENTITIES.—To be eligible to receive a grant, 

contract, or cooperative agreements under this section, an entity 

shall be a public telecommunications entity that is able to demonstrate each of the following: 

(A) A capacity for the development and national distribution of educational and instructional television programming of high quality that is accessible by a large majority of disadvantaged preschool and elementary school 

children. 

(B) A capacity to contract with the producers of children’s television programming for the purpose of developing 

educational television programming of high quality. 

(C) A capacity, consistent with the entity’s mission and 

nonprofit nature, to negotiate such contracts in a manner 

that returns to the entity an appropriate share of any ancillary income from sales of any program-related products. 

(D) A capacity to localize programming and materials 

to meet specific State and local needs and to provide educational outreach at the local level. 

(4) COORDINATION OF ACTIVITIES.—An entity receiving a 

grant, contract, or cooperative agreement under this section 

shall consult with the Secretary and the Secretary of Health 

and Human Services— 

(A) to maximize the utilization of quality educational 

programming by preschool and elementary school children, 

and make such programming widely available to federally 

funded programs serving such populations; and 

(B) to coordinate activities with Federal programs that 

have major training components for early childhood development, including programs under the Head Start Act (42 

U.S.C. 9831 et seq.) and ƒEven Start,≈ and State training 

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activities funded under the Child Care and Development 

Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), regarding 

the availability and utilization of materials developed 

under paragraph (1)(E) to enhance parent and child care 

provider skills in early childhood development and education. 

(b) APPLICATIONS.—To be eligible to receive a grant, contract, or 

cooperative agreement under subsection (a), an entity shall submit 

to the Secretary an application at such time, in such manner, and 

containing such information as the Secretary may reasonably require. 

(c) REPORTS AND EVALUATIONS.— 

(1) ANNUAL REPORT TO THE SECRETARY.—An entity receiving a grant, contract, or cooperative agreement under this section shall prepare and submit to the Secretary an annual report 

that contains such information as the Secretary may require. At 

a minimum, the report shall describe the program activities undertaken with funds received under the grant, contract, or cooperative agreement, including each of the following: 

(A) The programming that has been developed, directly 

or indirectly, by the eligible entity, and the target population of the programs developed. 

(B) The support and training materials that have been 

developed to accompany the programming, and the method 

by which the materials are distributed to consumers and 

users of the programming. 

(C) The means by which programming developed under 

this section has been distributed, including the distance 

learning technologies that have been utilized to make programming available, and the geographic distribution 

achieved through such technologies. 

(D) The initiatives undertaken by the entity to develop 

public-private partnerships to secure non-Federal support 

for the development, distribution, and broadcast of educational and instructional programming. 

(2) REPORT TO CONGRESS.—The Secretary shall prepare 

and submit to the ƒrelevant committees of Congress≈authorizing committees a biannual report that includes 

the following: 

(A) A summary of the activities assisted under subsection (a). 

(B) A description of the education and training materials made available under subsection (a)(1)(E), the manner 

in which outreach has been conducted to inform parents 

and child care providers of the availability of such materials, and the manner in which such materials have been 

distributed in accordance with such subsection. 

(d) ADMINISTRATIVE COSTS.—An entity that receives a grant, 

contract, or cooperative agreement under this section may use up to 

5 percent of the amount received under the grant, contract, or agreement for the normal and customary expenses of administering the 

grant, contract, or agreement. 

ƒ(e) AUTHORIZATION OF APPROPRIATIONS.— 

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ƒ(1) IN GENERAL.—There are authorized to be appropriated 

to carry out this section such sums as may be necessary for fiscal year 2002, and for each of the 5 succeeding fiscal years. 

ƒ(2) FUNDING RULE.—Not less than 60 percent of the 

amount appropriated under paragraph (1) for each fiscal year 

shall be used to carry out activities under subparagraphs (B) 

through (D) of subsection (a)(1).≈ 

(e) FUNDING RULE.—Not less than 60 percent of the amount appropriated to carry out this section for each fiscal year shall be used 

to carry out activities under subparagraphs (B) through (D) of subsection (a)(1). 

* * * * * * * 

ƒSubpart 1≈PART J—ƒFund for the Improvement 

of Education≈PROGRAMS OF NATIONAL SIGNIFICANCE 

ƒSEC. 5411≈SEC. 4905. PROGRAMS AUTHORIZED. 

(a) AUTHORIZATION.—The Secretary is authorized to support 

nationally significant programs to improve the quality of elementary 

and secondary education at the State and local levels and help all 

children meet ƒchallenging State academic content and student academic achievement standards≈college and career ready academic 

content and student academic achievement standards under section 

1111(a)(1). The Secretary may carry out such programs directly, or 

through grants to, or contracts with— 

(1) States or local educational agencies; 

(2) institutions of higher education; and 

(3) other public and nonprofit private agencies, organizations, and institutions. 

ƒ(b) USES OF FUNDS.—Funds made available under section 

5401 to carry out this subpart may be used for any of the following 

programs: 

ƒ(1) Activities to promote systemic education reform at the 

State and local levels, including scientifically based research, 

development, and evaluation designed to improve— 

ƒ(A) student academic achievement at the State and 

local level; and 

ƒ(B) strategies for effective parent and community involvement. 

ƒ(2) Programs at the State and local levels that are designed to yield significant results, including programs to explore approaches to public school choice and school-based decisionmaking. 

ƒ(3) Recognition programs, which may include financial 

awards to States, local educational agencies, and schools that 

have made the greatest progress, based on the Secretary’s determination or on a nomination by the State in which the school 

is located (or in the case of a Bureau funded school, by the Secretary of the Interior) in— 

ƒ(A) improving the academic achievement of economically disadvantaged students and students from major racial and ethnic minority groups; and 

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ƒ(B) closing the academic achievement gap for those 

groups of students farthest away from the proficient level 

on the academic assessments administered by the State 

under section 1111. 

ƒ(4) Scientifically based studies and evaluations of education reform strategies and innovations, and the dissemination 

of information on the effectiveness of such strategies and innovations. 

ƒ(5) Identification and recognition of exemplary schools 

and programs, such as Blue Ribbon Schools, including programs to evaluate the effectiveness of using the best practices of 

exemplary or Blue Ribbon Schools to improve academic achievement. 

ƒ(6) Activities to support Scholar-Athlete Games programs, 

including the World Scholar-Athlete Games and the U.S. Scholar-Athlete Games. 

ƒ(7) Programs to promote voter participation in American 

elections through programs, such as the National Student/Parent Mock Election and Kids Voting USA. 

ƒ(8) Demonstrations relating to the planning and evaluation of the effectiveness of programs under which local educational agencies or schools contract with private management 

organizations to reform a school or schools. 

ƒ(9) Other programs that meet the purposes of this Act.≈ 

(b) USES OF FUNDS.—A nonprofit entity receiving a grant under 

subsection (a) shall use the grant funds to carry out 1 of the following activities: 

(1) Providing funding for economically disadvantaged students, including students from military families and recent immigrants, and their teachers, to participate in programs based 

in Washington, D.C. that increase civic responsibility and understanding of the Federal Government among young people. 

(2) Developing, implementing, evaluating, and disseminating innovative, research-based approaches to civic learning, 

which may include hands-on civic engagement activities, for 

low-income elementary school and secondary school students 

that demonstrate innovation, scalability, accountability, and a 

focus on underserved populations. 

(3) Supporting a national principal and teacher certification process that provides a framework for measuring and 

improving teaching and instructional leadership with a focus 

on educators working in schools that are eligible for funding 

under subpart 1 or 2 of part A of title I, including comprehensive rigorous teaching standards, leadership standards, and 

high-quality metrics designed to reward educator effectiveness 

and inform and deliver high-quality professional development 

for all educators. 

(4) Creating a national teacher corps of outstanding college 

graduates to teach in underserved communities in order to— 

(A) increase the supply of effective teachers in low-income communities; and 

(B) provide and support the retention of teachers for 

high-need fields. 

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(5) Supporting a national network of providers of highquality, evidence-based professional development in writing instruction for teachers across all academic subjects and grades. 

(6) Encouraging parents and caregivers to read aloud to 

their children by supporting programs through which, during 

pediatric exams, doctors and nurses train parents and caregivers who may not be skilled readers. 

(7) Supporting the research and implementation of highly 

effective, evidence-based strategies, instructional and otherwise, 

and the expansion of programs designed to engage and support 

students who are recent immigrants and students with interrupted formal education, and families of such students, in order 

to improve the language acquisition and academic achievement 

of such students. 

(8) Researching and promoting the use of instructional 

technology and strategies across all content areas that will 

drastically accelerate the language acquisition in English learners and will support English learners as they access rigorous 

academic content. 

(9) Preparing young children from low-income families for 

reading success by grade 3 by— 

(A) distributing inexpensive books; 

(B) training volunteers to serve at-risk children; 

(C) developing motivational literacy activities for atrisk children; and 

(D) providing information on literacy resources, such 

as those provided by local libraries and other communitybased organizations. 

(10) Supporting model projects and programs that encourage involvement in the performing and visual arts, for— 

(A) persons with disabilities, by— 

(i) increasing access to all forms of the arts for all 

persons, including those living with intellectual, physical, and sensory disabilities; and 

(ii) fostering a greater awareness of the need for 

arts programs for individuals with disabilities; and 

(B) children, youth, and educators. 

(11) Implementing a coordinated program of scientifically 

based research, demonstration projects, innovative strategies, 

and professional development for teachers and other instructional leaders working in high-poverty schools to— 

(A) enhance the ability of educators to meet the special 

educational needs of gifted and talented students, including 

high-ability students who have not been formally identified 

as gifted; and 

(B) prioritize students who have been underrepresented 

in gifted education programs, including students who are 

economically disadvantaged, of minority backgrounds, 

English learners, children with disabilities, and students in 

rural communities. 

(12) Supporting the research and implementation of highly 

effective, evidence-based strategies and the expansion of programs designed to engage and support students who experience 

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being, health outcomes, and academic achievement of such students. 

(13) Providing social, emotional, and academic support to 

students from military families, and families of such students, 

by— 

(A) developing, implementing, evaluating, and disseminating innovative, research-based approaches to providing 

early intervening services that mitigate the effect of deployment of family members; 

(B) providing training to teachers and volunteers on 

the unique needs of such students; and 

(C) supporting model projects and programs for tutoring and counseling. 

(14) Developing, implementing, evaluating, and disseminating innovative, research-based approaches to teaching financial literacy, which may include curriculum and hands-on activities, for low-income elementary school and secondary school 

students that demonstrate innovation, scalability, accountability, and a focus on underserved populations. 

(15) Promoting gender equity in education by supporting 

educational agencies and institutions in meeting the requirements of title IX of the Education Amendments of 1972 (20 

U.S.C. 1681 et seq.). 

(16) Other high-quality, nationally significant programs 

that meet the purposes of this Act. 

(c) BASIS OF AWARDS.—The Secretary is authorized to— 

(1) make awards under this ƒsubpart≈part on the basis of 

competitions announced by the Secretary; and 

(2) support meritorious unsolicited proposals for awards 

under this ƒsubpart≈part. 

(d) EFFECTIVENESS OF PROGRAMS.—The Secretary shall ensure 

that programs supported under this ƒsubpart≈part are designed so 

that their effectiveness is readily ascertainable, and shall ensure 

that such effectiveness is assessed using rigorous, scientifically 

based research and evaluations. 

ƒSEC. 5412≈SEC. 4906. APPLICATIONS. 

(a) SUBMISSION.—To be eligible for an award under this ƒsubpart≈part, an entity shall submit an application to the Secretary, at 

such time, in such manner, and containing such information as the 

Secretary may require. 

(b) CONTENTS.—Each application submitted under subsection 

(a) shall— 

(1) establish clear objectives, which are based on scientifically based research, for the proposed program; and 

(2) describe the activities the applicant will carry out in 

order to meet the objectives described in paragraph (1). 

(c) PEER REVIEW.—The Secretary shall use a peer review process in reviewing applications for awards under this ƒsubpart≈part 

ƒand in recognizing States, local educational agencies, and schools 

under section 5411(b)(3), only if funds are used for such recognition 

programs≈. The Secretary may use funds appropriated under this 

ƒsubpart≈part for the cost of such peer review. 

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ƒSEC. 5413≈SEC. 4907. PROGRAM REQUIREMENTS. 

(a) EVALUATIONS.—A recipient of an award under this ƒsubpart≈part shall— 

(1) evaluate the effectiveness of the program funded under 

the award in achieving the objectives stated in applications submitted under section ƒ5412≈4906; and 

(2) report to the Secretary such information as may be required to determine the effectiveness of such program, including 

evidence of progress toward meeting such objectives. 

(b) DISSEMINATION OF EVALUATION RESULTS.—The Secretary 

shall provide for the dissemination of the evaluations of programs 

funded under this ƒsubpart≈part by making the evaluations publicly available upon request, and shall provide public notice that the 

evaluations are so available. 

(c) MATCHING FUNDS.—The Secretary may require recipients of 

awards under this ƒsubpart≈part to provide matching funds from 

non-Federal sources, and shall permit the recipients to match funds 

in whole or in part with in-kind contributions. 

ƒ(d) SPECIAL RULE FOR RECOGNITION PROGRAMS.—The application requirements of section 5412(b), and the evaluation requirements of subsections (a) and (b) of this section, do not apply to recognition programs under section 5411(b)(3).≈ 

ƒSEC. 5414. ƒ20 U.S.C. 7243c≈ STUDIES OF NATIONAL SIGNIFICANCE. 

ƒ(a) STUDIES.—The Secretary shall conduct the following studies of national significance: 

ƒ(1) UNHEALTHY PUBLIC SCHOOL BUILDINGS.—A study regarding the health and learning impacts of environmentally 

unhealthy public school buildings on students and teachers. 

The study shall include the following information: 

ƒ(A) The characteristics of those public elementary 

school and secondary school buildings that contribute to 

unhealthy school environments. 

ƒ(B) The health and learning impacts of environmental 

unhealthy public school buildings on students that are attending or that have attended such schools. 

ƒ(C) Recommendations to Congress on how to assist 

schools that are out of compliance with Federal or State 

health and safety codes, and a cost estimate of bringing up 

environmentally unhealthy public school buildings to minimum Federal health and safety building standards. 

ƒ(2) EXPOSURE TO VIOLENT ENTERTAINMENT.—A study regarding how exposure to violent entertainment (such as in movies, music, television, Internet content, video games, and arcade 

games) affects children’s cognitive development and educational 

achievement. 

ƒ(3) SEXUAL ABUSE IN SCHOOLS.—A study regarding the 

prevalence of sexual abuse in schools, including recommendations and legislative remedies for addressing the problem of sexual abuse in schools. 

ƒ(b) COMPLETION DATE.—The studies under subsection (a) shall 

be completed not later than 18 months after the date of enactment 

of the No Child Left Behind Act of 2001. 

ƒ(c) PUBLIC DISSEMINATION.—The Secretary shall make the 

study conducted under subsection (a)(1) available to the public 

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through the Educational Resources Information Center National 

Clearinghouse for Educational Facilities of the Department.≈ 

* * * * * * * 

PART K—COMPETENCY-BASED ASSESSMENT 

AND ACCOUNTABILITY DEMONSTRATION AUTHORITY 

SEC. 4909. COMPETENCY-BASED ASSESSMENT AND ACCOUNTABILITY 

DEMONSTRATION. 

(a) DEFINITIONS.—In this part: 

(1) COLLEGE AND CAREER READY STANDARDS.—The term 

‘‘college and career ready standards’’ means the academic content and student academic achievement standards adopted by a 

State under section 1111(a)(1). 

(2) COMPETENCY.—The term ‘‘competency’’ means a target 

for student learning representing key content-specific concepts 

and higher order skills, such as critical thinking, problem solving, and self-directed learning, that is— 

(A) applied within or across content domains; and 

(B) aligned with college and career ready standards. 

(3) CORE INDICATORS.—The term ‘‘core indicators’’ means— 

(A) State academic assessments that meet the requirements of section 1111(a)(2)(B) and that provide data that 

can be compared with data regarding the State academic 

assessments required under section 1111(a)(2); and 

(B) State graduation rates. 

(4) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a 

State educational agency or consortium of State educational 

agencies. 

(5) MASTERY.—The term ‘‘mastery’’ means a level of knowledge or skill development demonstrated by a student signifying 

that the student has met a standard and is prepared to 

progress to a subsequent standard. 

(6) PERFORMANCE ASSESSMENT.—The term ‘‘performance 

assessment’’ means a multi-step assessment that— 

(A) includes complex activities with clear criteria, expectations, and processes that enable students to interact 

with meaningful content; and 

(B) measures the depth at which students learn content 

and apply complex skills to create or refine an original 

product or solution. 

(7) UNIVERSAL DESIGN.—The term ‘‘universal design’’ has 

the meaning given the term in section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002). 

(b) DEMONSTRATION AUTHORITY.— 

(1) IN GENERAL.—The Secretary may provide eligible entities, in accordance with paragraph (3), with the authority to incorporate competency-based accountability into the State accountability system required under section 1111(a)(3) in accordance with an application approved under subsection (c). 

(2) DEMONSTRATION PERIOD.—Each award of demonstration authority under this part shall be for a period of 3 years. 

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(3) INITIAL DEMONSTRATION AUTHORITY; EXPANSION; RENEWAL.— 

(A) INITIAL LIMIT.—During the initial 3-year period of 

demonstration authority under this section, the Secretary 

may not provide more than 3 eligible entities with the authority described in paragraph (1). 

(B) EXPANSION OF DEMONSTRATION AUTHORITY.—After 

the end of the initial demonstration period described in 

subparagraph (A), the Secretary may provide additional eligible entities with demonstration authority described in 

paragraph (1), subject to each of the requirements of this 

part as applicable, if the Secretary determines that the 

demonstration authority provided under this part during 

the initial demonstration period has effectively supported 

student progress on core indicators among students served 

by the eligible entities, including subgroups of students described in section 1111(a)(3)(D). 

(C) RENEWAL REQUIREMENTS.—The Secretary may 

renew an award of demonstration authority under this part 

for additional 2-year periods if the eligible entity demonstrates progress on core indicators. 

(c) APPLICATIONS.—To be eligible to participate in the demonstration under this part, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, that describes the competency-based accountability system that will be used 

by the eligible entity, including— 

(1) an assurance that the competency-based accountability 

system will only utilize summative assessments for accountability purposes that— 

(A) are determined by the Secretary to provide comparable data across the eligible entity, demonstrate interrater reliability, and meet the requirements for assessments 

described in section 1111(a)(2)(B); 

(B) have been field-tested; 

(C) are aligned to college and career ready standards 

and State-approved competencies; 

(D) have been developed in collaboration with stakeholders representing the interests of students who are children with disabilities, English learners, and civil rights organizations in the State, as demonstrated through modifications made to the assessments resulting from such collaboration; and 

(E) incorporate the principles of universal design; 

(2) how the competency-based accountability system will— 

(A) incorporate a system of formative, interim, and 

summative assessments, including the use of performance 

assessments and other sources of evidence of student learning that determine mastery of State-approved competencies 

aligned to college and career ready standards and competencies; 

(B) allow students to demonstrate progress toward 

mastery of such standards and State-approved competencies; 

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(C) assess mastery of State-approved competencies 

when students are ready to demonstrate mastery of such 

standards and competencies; 

(D) provide students with multiple opportunities to 

demonstrate mastery of such standards and competencies; 

(E) ensure that summative assessments comply with 

the requirements for academic assessments, as described in 

section 1111(a)(2)(B), while engaging and supporting teachers in scoring assessments, including the use of high-quality professional development, standardized and calibrated 

scoring rubrics, and other strategies to ensure inter-rater 

reliability and comparability of determinations of mastery 

across the State; 

(F) provide educators, students, and parents with realtime data to inform instructional practice and continuously 

improve student performance; 

(G) be used in conjunction with the accountability requirements described in section 1111(a)(3) and section 1116 

to improve the academic outcomes of focus schools identified under section 1116(c), priority schools identified under 

section 1116(d), and all other schools that fail to meet the 

school performance targets, established in accordance with 

section 1111(a)(3)(C), for any subgroup described in section 

1111(a)(3)(D); 

(H) require not less than 1 year of academic growth 

within a school year for each student and assure instructional support and targeted intervention are in place for 

those students performing below their peers; and 

(I) only utilize a student’s individualized education 

program, as defined in section 602 of the Individuals with 

Disabilities Education Act, for purposes specifically allowed 

under such Act; 

(3) the eligible entity’s plan to— 

(A) ensure that all students, including each student 

subgroup described in section 1111(a)(3)(D)— 

(i) are held to the same high standard; 

(ii) demonstrate annually, at a minimum, at least 

1 year of academic growth consistent with the requirement in section 1111(a)(3)(B); and 

(iii) receive the instructional support needed to attain mastery of college and career ready standards and 

State-approved competencies; 

(B) train local educational agency and school staff to 

implement the assessments described in paragraph (2)(A); 

(C) acclimate students to the new assessment and accountability systems; and 

(D) ensure that each local educational agency has the 

technological infrastructure to operate the competencybased accountability system described in this section; and 

(4) a description of how instruction and professional development will be enhanced within the competency-based system to 

personalize the educational experience for each student to ensure all students graduate college and career ready, as determined in accordance with State academic achievement standards under section 1111(a)(1). 

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(d) PEER REVIEW.—The Secretary shall— 

(1) implement a peer-review process, which shall include a 

review team comprised of practitioners and experts who are 

knowledgeable about competency-based learning systems, to inform the awarding of the demonstration authority under this 

part; and 

(2) make publicly available the applications submitted 

under subsection (c) and the peer comments and recommendations on such applications. 

(e) DEMONSTRATION AUTHORITY WITHDRAWN.—The Secretary 

may withdraw the demonstration authority provided to an eligible 

entity under this part if— 

(1) at any point after the first 2 years of the 3-year demonstration period described in subsection (b)(2), the Secretary 

determines that student performance for all students served by 

the eligible entity or any student subgroup described under section 1111(a)(3)(D) has declined on core indicators; or 

(2) after providing a State with a renewal of demonstration 

authority under subsection (b)(3), the Secretary makes a determination that student performance has declined on core indicators for 2 consecutive years during the State’s participation in 

the demonstration under this part. 

(f) DISSEMINATION OF BEST PRACTICES.—The Secretary shall 

disseminate best practices on the implementation of competencybased accountability systems, including on— 

(1) the effective use of formative, interim, and summative 

assessments to inform instruction; 

(2) the development of summative assessments that meet 

the requirements of section 1111(a)(2)(B), can be compared with 

the State assessments required under section 1111(a)(2), and include assessment tasks that determine mastery of State-approved competencies aligned to college and career ready standards; and 

(3) the development of standardized and calibrated scoring 

rubrics, and other strategies to ensure inter-rater reliability and 

comparability of determinations of mastery across the State. 

* * * * * * * 

øTITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE 

PROGRAMS¿TITLE V—PROMOTING INNOVATION 

øPART A—INNOVATIVE PROGRAMS¿ 

øSEC. 5101. ø20 U.S.C. 7201¿ PURPOSES, STATE AND LOCAL RESPONSIBILITY. 

ø(a) PURPOSES.—The purposes of this part are the following: 

ø(1) To support local education reform efforts that are consistent with and support statewide education reform efforts. 

ø(2) To provide funding to enable State educational agencies and local educational agencies to implement promising 

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educational reform programs and school improvement programs based on scientifically based research. 

ø(3) To provide a continuing source of innovation and educational improvement, including support programs to provide 

library services and instructional and media materials. 

ø(4) To meet the educational needs of all students, including at-risk youth. 

ø(5) To develop and implement education programs to improve school, student, and teacher performance, including professional development activities and class size reduction programs. 

ø(b) STATE AND LOCAL RESPONSIBILITY.—The State educational 

agency shall bear the basic responsibility for the administration of 

funds made available under this part, but it is the intent of Congress that the responsibility be carried out with a minimum of paperwork and that the responsibility for the design and implementation of programs assisted under this part be mainly that of local 

educational agencies, school superintendents and principals, and 

classroom teachers and supporting personnel, because local educational agencies and individuals have the most direct contact with 

students and are most likely to be able to design programs to meet 

the educational needs of students in their own school districts.¿ 

øSubpart 1—State and Local Programs¿ 

øSEC. 5111. ø20 U.S.C. 7211¿ ALLOTMENT TO STATES. 

ø(a) IN GENERAL.—From the sums appropriated to carry out 

this part for each fiscal year and not reserved under subsection (b), 

the Secretary shall allot, and make available in accordance with 

this part, to each State educational agency an amount that bears 

the same ratio to such sums as the school-age population of the 

State bears to the school-age population of all States, except that 

no State shall receive less than an amount equal to one-half of 1 

percent of such sums. 

ø(b) RESERVATION.—From the sums appropriated to carry out 

this part for each fiscal year, the Secretary shall reserve not more 

than 1 percent for payments to the outlying areas, to be allotted 

in accordance with their respective needs for assistance under this 

part.¿ 

øSEC. 5112. ø20 U.S.C. 7211a¿ ALLOCATION TO LOCAL EDUCATIONAL 

AGENCIES. 

ø(a) DISTRIBUTION RULE.— ø(1) ALLOCATION OF BASE AMOUNTS.—From the amount 

made available to a State educational agency under this part 

for a fiscal year, the State educational agency shall distribute, 

to local educational agencies within the State, an amount that 

is not less than 85 percent of the amount made available to the 

State educational agency under this part for fiscal year 2002, 

according to the relative enrollments in public and in private 

nonprofit schools within the jurisdictions of such local educational agencies, adjusted, in accordance with criteria approved by the Secretary, to provide higher per-pupil allocations 

to local educational agencies that have the greatest numbers or 

percentages of children whose education imposes a higherthan-average cost per child, such as— 

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ø(A) children living in areas with high concentrations 

of economically disadvantaged families; 

ø(B) children from economically disadvantaged families; and 

ø(C) children living in sparsely populated areas. 

ø(2) ALLOCATION OF INCREASED AMOUNTS.—From the 

amount made available to a State educational agency under 

this part for a fiscal year that exceeds the amount made available to the agency under this part for fiscal year 2002, the 

State educational agency shall distribute 100 percent (or, in 

the case of a State educational agency receiving a minimum allotment under section 5111(a), not less than 50 percent, notwithstanding subsection (b)) to local educational agencies within the State, on the same basis as the State educational agency 

distributes amounts under paragraph (1). 

ø(b) LIMITATIONS AND REQUIREMENTS.—Not more than 15 percent of funds made available under section 5111 for State programs 

under this part for any fiscal year may be used for State administration under section 5121. 

ø(c) CALCULATION OF ENROLLMENTS.— 

ø(1) IN GENERAL.—The calculation of relative enrollments 

under subsection (a)(1) shall be on the basis of the total of— 

ø(A) the number of children enrolled in public schools; 

and 

ø(B) the number of children enrolled in private nonprofit schools that participated in programs assisted under 

this part, for the fiscal year preceding the fiscal year for 

which the determination is made. 

ø(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall diminish the responsibility of each local educational agency to contact, on an annual basis, appropriate officials from private nonprofit schools within the areas served by such agencies 

in order to determine whether such schools desire that their 

children participate in programs assisted under this part. 

ø(3) ADJUSTMENTS.— ø(A) STATE CRITERIA.—Relative enrollments calculated 

under subsection (a)(1) shall be adjusted, in accordance 

with criteria approved by the Secretary under subparagraph (B), to provide higher per-pupil allocations only to 

local educational agencies that serve the greatest numbers 

or percentages of— 

ø(i) children living in areas with high concentrations of economically disadvantaged families; 

ø(ii) children from economically disadvantaged 

families; or 

ø(iii) children living in sparsely populated areas. 

ø(B) REVIEW OF CRITERIA.—The Secretary shall review 

criteria submitted by a State educational agency for adjusting allocations under paragraph (1) and shall approve 

such criteria only if the Secretary determines that such 

criteria are reasonably calculated to produce an adjusted 

allocation that reflects the relative needs of the State’s 

local educational agencies based on the factors set forth in 

subparagraph (A). 

ø(d) PAYMENT OF ALLOCATIONS.— 

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ø(1) DISTRIBUTION.—From the funds paid to a State educational agency under this subpart for a fiscal year, the State 

educational agency shall distribute to each eligible local educational agency that has submitted an application as required 

by section 5133 the amount of such local educational agency’s 

allocation, as determined under subsection (a). 

ø(2) ADDITIONAL FUNDS.— 

ø(A) USE.—Additional funds resulting from higher perpupil allocations provided to a local educational agency on 

the basis of adjusted enrollments of children described in 

subsection (a)(1) may, in the discretion of the local educational agency, be allocated for expenditures to provide 

services for children enrolled in public schools and private 

nonprofit schools in direct proportion to the number of 

children described in subsection (a)(1) and enrolled in such 

schools within the area served by the local educational 

agency. 

ø(B) ALLOCATION.—In any fiscal year, any local educational agency that elects to allocate such additional 

funds in the manner described in subparagraph (A) shall 

allocate all additional funds to schools within the area 

served by the local educational agency in such manner. 

ø(C) RULE OF CONSTRUCTION.—Subparagraphs (A) and 

(B) may not be construed to require any school to limit the 

use of the additional funds described in subparagraph (A) 

to the provision of services to specific students or categories of students.¿ 

øSubpart 2—State Programs¿ 

øSEC. 5121. ø20 U.S.C. 7213¿ STATE USES OF FUNDS. 

øA State educational agency may use funds made available for 

State use under section 5112(b) only for one or more of the following: 

ø(1) State administration of programs under this part, including— 

ø(A) allocating funds to local educational agencies; 

ø(B) planning, supervising, and processing State educational agency funds; and 

ø(C) monitoring and evaluating programs under this 

part. 

ø(2) Support for the planning, design, and initial implementation of charter schools as described in part B. 

ø(3) Statewide education reform, school improvement programs and technical assistance and direct grants to local educational agencies, which assist such agencies under section 

5131. 

ø(4) Support for the design and implementation of highquality yearly student assessments. 

ø(5) Support for implementation of challenging State and 

local academic achievement standards. 

ø(6) Support for arrangements that provide for independent analysis to measure and report on school district 

achievement. 

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ø(7) Support for the program described in section 321 of 

the Departments of Labor, Health and Human Services, and 

Education, and Related Agencies Appropriations Act, 2001 (as 

enacted into law by section 1(a)(1) of Public Law 106–554). 

ø(8) Support for programs to assist in the implementation 

of the policy described in section 9507 which may include payment of reasonable transportation costs and tuition costs for 

such students.¿ 

øSEC. 5122. ø20 U.S.C. 7213a¿ STATE APPLICATIONS. 

ø(a) APPLICATION REQUIREMENTS.—Any State that desires to 

receive assistance under this part shall submit to the Secretary an 

application that includes each of the following: 

ø(1) Designation of the State educational agency as the 

State agency responsible for administration and supervision of 

programs assisted under this part. 

ø(2) Provision for an annual statewide summary of how assistance under this part is contributing toward improving student academic achievement or improving the quality of education for students. 

ø(3) Information setting forth the allocation of funds required to implement section 5142. 

ø(4) A provision that the State educational agency will 

keep such records, and provide such information to the Secretary, as may be required for fiscal audit and program evaluation (consistent with the responsibilities of the Secretary under 

this section). 

ø(5) An assurance that, apart from providing technical and 

advisory assistance and monitoring compliance with this part, 

the State educational agency has not exercised, and will not 

exercise, any influence in the decisionmaking processes of local 

educational agencies as to the expenditure made pursuant to 

an application submitted under section 5133. 

ø(6) An assurance that there is compliance with the specific requirements of this part. 

ø(7) Provision for timely public notice and public dissemination of the information provided under paragraph (3). 

ø(b) STATEWIDE SUMMARY.—The statewide summary referred 

to in subsection (a)(2) shall be submitted annually to the Secretary 

and shall be derived from the evaluation information submitted by 

local educational agencies to the State educational agency under 

section 5133(b)(8). The State educational agency shall determine 

the format and content of such summary and may include in the 

summary statistical measures, such as the number of students 

served by each type of innovative assistance program described in 

section 5131 and the number of teachers trained. 

ø(c) PERIOD OF APPLICATION.—An application submitted by the 

State educational agency under subsection (a) shall be for a period 

not to exceed 3 years. The agency may amend the application annually, as may be necessary to reflect changes, without filing a new 

application. 

ø(d) AUDIT RULE.—A local educational agency that receives 

less than an average of $10,000 under this part for any 3 consecutive fiscal years shall not be audited more frequently than once 

every 5 years.¿ 

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øSubpart 3—Local Innovative Education 

Programs¿ 

øSEC. 5131. ø20 U.S.C. 7215¿ LOCAL USES OF FUNDS. 

ø(a) INNOVATIVE ASSISTANCE PROGRAMS.—Funds made available to local educational agencies under section 5112 shall be used 

for innovative assistance programs, which may include any of the 

following: 

ø(1) Programs to recruit, train, and hire highly qualified 

teachers to reduce class size, especially in the early grades, 

and professional development activities carried out in accordance with title II, that give teachers, principals, and administrators the knowledge and skills to provide students with the 

opportunity to meet challenging State or local academic content standards and student academic achievement standards. 

ø(2) Technology activities related to the implementation of 

school-based reform efforts, including professional development 

to assist teachers and other school personnel (including school 

library media personnel) regarding how to use technology effectively in the classrooms and the school library media centers 

involved. 

ø(3) Programs for the development or acquisition and use 

of instructional and educational materials, including library 

services and materials (including media materials), academic 

assessments, reference materials, computer software and hardware for instructional use, and other curricular materials that 

are tied to high academic standards, that will be used to improve student academic achievement, and that are part of an 

overall education reform program. 

ø(4) Promising education reform projects, including magnet schools. 

ø(5) Programs to improve the academic achievement of 

educationally disadvantaged elementary school and secondary 

school students, including activities to prevent students from 

dropping out of school. 

ø(6) Programs to improve the literacy skills of adults, especially the parents of children served by the local educational 

agency, including adult education and family literacy programs. 

ø(7) Programs to provide for the educational needs of gifted and talented children. 

ø(8) The planning, design, and initial implementation of 

charter schools as described in part B. 

ø(9) School improvement programs or activities under sections 1116 and 1117. 

ø(10) Community service programs that use qualified 

school personnel to train and mobilize young people to measurably strengthen their communities through nonviolence, responsibility, compassion, respect, and moral courage. 

ø(11) Activities to promote consumer, economic, and personal finance education, such as disseminating information on 

and encouraging use of the best practices for teaching the basic 

principles of economics and promoting the concept of achieving 

financial literacy through the teaching of personal financial 

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711 

management skills (including the basic principles involved 

with earning, spending, saving, and investing). 

ø(12) Activities to promote, implement, or expand public 

school choice. 

ø(13) Programs to hire and support school nurses. 

ø(14) Expansion and improvement of school-based mental 

health services, including early identification of drug use and 

violence, assessment, and direct individual or group counseling 

services provided to students, parents, and school personnel by 

qualified school-based mental health services personnel. 

ø(15) Alternative educational programs for those students 

who have been expelled or suspended from their regular educational setting, including programs to assist students to reenter the regular educational setting upon return from treatment 

or alternative educational programs. 

ø(16) Programs to establish or enhance prekindergarten 

programs for children. 

ø(17) Academic intervention programs that are operated 

jointly with community-based organizations and that support 

academic enrichment, and counseling programs conducted during the school day (including during extended school day or extended school year programs), for students most at risk of not 

meeting challenging State academic achievement standards or 

not completing secondary school. 

ø(18) Programs for cardiopulmonary resuscitation (CPR) 

training in schools. 

ø(19) Programs to establish smaller learning communities. 

ø(20) Activities that encourage and expand improvements 

throughout the area served by the local educational agency 

that are designed to advance student academic achievement. 

ø(21) Initiatives to generate, maintain, and strengthen parental and community involvement. 

ø(22) Programs and activities that expand learning opportunities through best-practice models designed to improve 

classroom learning and teaching. 

ø(23) Programs to provide same-gender schools and classrooms (consistent with applicable law). 

ø(24) Service learning activities. 

ø(25) School safety programs, including programs to implement the policy described in section 9507 and which may include payment of reasonable transportation costs and tuition 

costs for such students. 

ø(26) Programs that employ research-based cognitive and 

perceptual development approaches and rely on a diagnosticprescriptive model to improve students’ learning of academic 

content at the preschool, elementary, and secondary levels. 

ø(27) Supplemental educational services, as defined in section 1116(e). 

ø(b) REQUIREMENTS.—The innovative assistance programs described in subsection (a) shall be— 

ø(1) tied to promoting challenging academic achievement 

standards; 

ø(2) used to improve student academic achievement; and 

ø(3) part of an overall education reform strategy. 

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ø(c) GUIDELINES.—Not later than 120 days after the date of enactment of the No Child Left Behind Act of 2001, the Secretary 

shall issue guidelines for local educational agencies seeking funding for programs described in subsection (a)(23).¿ 

øSEC. 5132. ø20 U.S.C. 7215a¿ ADMINISTRATIVE AUTHORITY. 

øIn order to conduct the programs authorized by this part, 

each State educational agency or local educational agency may use 

funds made available under this part to make grants to, and to 

enter into contracts with, local educational agencies, institutions of 

higher education, libraries, museums, and other public and private 

nonprofit agencies, organizations, and institutions.¿ 

øSEC. 5133. ø20 U.S.C. 7215b¿ LOCAL APPLICATIONS. 

ø(a) SUBMISSION OF APPLICATION.—A local educational agency 

may receive an allocation of funds under this part for any year for 

which the agency submits an application under this section that 

the State educational agency certifies under subsection (b). 

ø(b) CERTIFICATION AND CONTENTS OF APPLICATION.—The 

State educational agency shall certify each application submitted 

under subsection (a) that includes each of the following: 

ø(1) A description of locally identified needs relative to the 

purposes of this part and to the innovative assistance programs described in section 5131. 

ø(2) A statement that sets forth the planned allocation of 

funds, based on the needs identified in subparagraph (A), 

among innovative assistance programs described in section 

5131, a description of the programs that the local educational 

agency intends to support, and a description of the reasons for 

the selection of such programs. 

ø(3) Information setting forth the allocation of such funds 

required to implement section 5142. 

ø(4) A description of how assistance under this part will 

contribute to improving student academic achievement or improving the quality of education for students. 

ø(5) An assurance that the local educational agency will 

comply with this part, including the provisions of section 5142 

concerning the participation of children enrolled in private 

nonprofit schools. 

ø(6) An assurance that the local educational agency will 

keep such records, and provide such information to the State 

educational agency, as may be reasonably required for fiscal 

audit and program evaluation (consistent with the responsibilities of the State educational agency under this part). 

ø(7) Provision, in the allocation of funds for the assistance 

authorized by this part and in the planning, design, and implementation of such innovative assistance programs, for systematic consultation with parents of children attending elementary 

schools and secondary schools in the area served by the local 

educational agency, with teachers and administrative personnel in such schools, and with such other groups involved in 

the implementation of this part (such as librarians, school 

counselors, and other pupil services personnel) as may be considered appropriate by the local educational agency. 

ø(8) An assurance that— 

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ø(A) programs carried out under this part will be evaluated annually; 

ø(B) the evaluation will be used to make decisions 

about appropriate changes in programs for the subsequent 

year; 

ø(C) the evaluation will describe how assistance under 

this part affected student academic achievement and will 

include, at a minimum, information and data on the use 

of funds, the types of services furnished, and the students 

served under this part; and 

ø(D) the evaluation will be submitted to the State educational agency at the time and in the manner requested 

by the State educational agency. 

ø(9) If the local educational agency seeks funds under section 5131(a)(23), a description of how the agency will comply 

with the guidelines issued by the Secretary regarding samegender schools and classrooms under section 5131(c). 

ø(c) PERIOD OF APPLICATION.—An application submitted by a 

local educational agency under subsection (a) may seek allocations 

under this part for a period not to exceed 3 fiscal years. The agency 

may amend the application annually, as may be necessary to reflect changes, without the filing of a new application. 

ø(d) LOCAL EDUCATIONAL AGENCY DISCRETION.— 

ø(1) IN GENERAL.—Subject to the limitations and requirements of this part, a local educational agency shall have complete discretion in determining how funds made available to 

carry out this subpart will be divided among programs described in section 5131. 

ø(2) LIMITATION.—In exercising the discretion described in 

paragraph (1), a local educational agency shall ensure that expenditures under this subpart carry out the purposes of this 

part and are used to meet the educational needs within the 

schools served by the local educational agency.¿ 

øSubpart 4—General Provisions¿ 

øSEC. 5141. ø20 U.S.C. 7217¿ MAINTENANCE OF EFFORT. 

ø(a) IN GENERAL.—Except as provided in subsection (b), a State 

educational agency is entitled to receive its full allotment of funds 

under this part for any fiscal year only if the Secretary determines 

that either the combined fiscal effort per student or the aggregate 

expenditures within the State, with respect to the provision of free 

public education for the fiscal year preceding the fiscal year for 

which the determination is made, was not less than 90 percent of 

such combined fiscal effort or aggregate expenditures for the second 

fiscal year preceding the fiscal year for which the determination is 

made. 

ø(b) REDUCTION OF FUNDS.—The Secretary shall reduce the 

amount of the allotment of funds under this part in any fiscal year 

in the exact proportion by which the State educational agency fails 

to meet the requirements of subsection (a) by falling below 90 percent of the fiscal effort per student or aggregate expenditures 

(using the measure most favorable to the State educational agency), and no such lesser amount shall be used for computing the efmstockstill on DSK4VPTVN1PROD with HEARINGS

714 

fort or expenditures required under paragraph (1) for subsequent 

years. 

ø(c) WAIVER.—The Secretary may waive, for 1 fiscal year only, 

the requirements of this section, if the Secretary determines that 

such a waiver would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and 

unforeseen decline in the financial resources of the State educational agency.¿ 

øSEC. 5142. ø20 U.S.C. 7217a¿ PARTICIPATION OF CHILDREN ENROLLED 

IN PRIVATE SCHOOLS. 

ø(a) PARTICIPATION ON EQUITABLE BASIS.— ø(1) IN GENERAL.—To the extent consistent with the number of children in the school district of a local educational agency that is eligible to receive funds under this part, or that 

serves the area in which a program assisted under this part is 

located, who are enrolled in private nonprofit elementary 

schools and secondary schools, or, with respect to instructional 

or personnel training programs funded by the State educational agency from funds made available for State educational agency use, the local educational agency, after consultation with appropriate private school officials— 

ø(A) shall provide, as may be necessary, for the benefit 

of such children in such schools— 

ø(i) secular, neutral, and nonideological services, 

materials, and equipment, including the participation 

of the teachers of such children (and other educational 

personnel serving such children) in training programs; 

and 

ø(ii) the repair, minor remodeling, or construction 

of public facilities (consistent with subsection (c)); or 

ø(B) if such services, materials, and equipment are not 

feasible or necessary in one or more such private schools, 

as determined by the local educational agency after consultation with the appropriate private school officials, shall 

provide such other arrangements as will assure equitable 

participation of such children in the purposes and benefits 

of this part. 

ø(2) OTHER PROVISIONS FOR SERVICES.—If no program is 

carried out under paragraph (1) in the school district of a local 

educational agency, the State educational agency shall make 

arrangements, such as through contracts with nonprofit agencies or organizations, under which children in private schools 

in the district are provided with services and materials to the 

same extent as would have occurred if the local educational 

agency had received funds under this part. 

ø(3) APPLICATION OF REQUIREMENTS.—The requirements of 

this section relating to the participation of children, teachers, 

and other personnel serving such children shall apply to programs carried out under this part by a State educational agency or local educational agency, whether directly or through 

grants to, or contracts with, other public or private agencies, 

institutions, or organizations. 

ø(b) EQUAL EXPENDITURES.— 

ø(1) IN GENERAL.—Expenditures for programs under subsection (a) shall be equal (consistent with the number of chilmstockstill on DSK4VPTVN1PROD with HEARINGS

715 

dren to be served) to expenditures for programs under this part 

for children enrolled in the public schools of the local educational agency. 

ø(2) CONCENTRATED PROGRAMS.—Taking into account the 

needs of the individual children and other factors that relate 

to the expenditures referred to in paragraph (1), and when 

funds available to a local educational agency under this part 

are used to concentrate programs on a particular group, attendance area, or grade or age level, children enrolled in private schools who are included within the group, attendance 

area, or grade or age level selected for such concentration 

shall, after consultation with the appropriate private school officials, be assured equitable participation in the purposes and 

benefits of such programs. 

ø(c) ADMINISTRATIVE REQUIREMENTS.— 

ø(1) FUNDS AND PROPERTY.—The control of funds provided 

under this part, and title to materials, equipment, and property repaired, remodeled, or constructed with such funds, shall 

be in a public agency for the uses and purposes provided in 

this part, and a public agency shall administer such funds and 

property. 

ø(2) PROVISION OF SERVICES.—Services provided under this 

part shall be provided by employees of a public agency or 

through contract by such a public agency with a person, association, agency, or corporation that, in the provision of such 

services, is independent of the private school and of any religious organizations, and such employment or contract shall be 

under the control and supervision of such a public agency. The 

funds provided under this part shall not be commingled with 

State or local funds. 

ø(d) WAIVER.— 

ø(1) STATE PROHIBITION.—If a State educational agency or 

local educational agency is prohibited, by reason of any provision of law, from providing for the participation in programs of 

children enrolled in private elementary schools and secondary 

schools as required by subsections (a) through (c), the Secretary shall waive such requirements for the agency involved 

and shall arrange for the provision of services to such children 

through arrangements that shall be subject to the requirements of this section. 

ø(2) FAILURE TO COMPLY.—If the Secretary determines 

that a State educational agency or a local educational agency 

has substantially failed, or is unwilling, to provide for the participation on an equitable basis of children enrolled in private 

elementary schools and secondary schools as required by subsections (a) through (c), the Secretary may waive such requirements and shall arrange for the provision of services to such 

children through arrangements that shall be subject to the requirements of this section. 

ø(e) WITHHOLDING OF ALLOTMENT OR ALLOCATION.—Pending 

final resolution of any investigation or complaint that could result 

in a waiver under subsection (d)(1) or (d)(2), the Secretary may 

withhold from the allotment or allocation of the affected State educational agency or local educational agency the amount estimated 

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716 

by the Secretary to be necessary to pay the cost of services to be 

provided by the Secretary under such subsection. 

ø(f) DURATION OF DETERMINATION.—Any determination by the 

Secretary under this section shall continue in effect until the Secretary determines that there will no longer be any failure or inability on the part of the State educational agency or local educational 

agency to meet the requirements of subsections (a) through (c). 

ø(g) PAYMENT FROM STATE ALLOTMENT.—When the Secretary 

arranges for services under subsection (d), the Secretary shall, 

after consultation with the appropriate public school and private 

school officials, pay the cost of such services, including the administrative costs of arranging for those services, from the appropriate 

allotment of the State educational agency under this part. 

ø(h) REVIEW OF DETERMINATION.— 

ø(1) WRITTEN OBJECTIONS.—The Secretary shall not take 

any final action under this section until the State educational 

agency and the local educational agency affected by such action 

have had an opportunity, for not less than 45 days after receiving written notice thereof, to submit written objections and to 

appear before the Secretary or the Secretary’s designee to show 

cause why that action should not be taken. 

ø(2) COURT ACTION.—If a State educational agency or local 

educational agency is dissatisfied with the Secretary’s final action after a proceeding under paragraph (1), such agency may, 

not later than 60 days after notice of such action, file with the 

United States court of appeals for the circuit in which such 

State is located a petition for review of that action. A copy of 

the petition shall be transmitted by the clerk of the court to 

the Secretary. The Secretary thereupon shall file in the court 

the record of the proceedings on which the Secretary based the 

action, as provided in section 2112 of title 28, United States 

Code. 

ø(3) REMAND TO SECRETARY.—The findings of fact by the 

Secretary with respect to a proceeding under paragraph (1), if 

supported by substantial evidence, shall be conclusive. The 

court, for good cause shown, may remand the case to the Secretary to take further evidence and the Secretary may make 

new or modified findings of fact and may modify the Secretary’s previous action, and shall file in the court the record 

of the further proceedings. Such new or modified findings of 

fact shall likewise be conclusive, if supported by substantial 

evidence. 

ø(4) COURT REVIEW.—Upon the filing of a petition under 

paragraph (2), the court shall have jurisdiction to affirm the 

action of the Secretary or to set such action aside, in whole or 

in part. The judgment of the court shall be subject to review 

by the Supreme Court upon certiorari or certification, as provided in section 1254 of title 28, United States Code. 

ø(i) PRIOR DETERMINATION.—Any bypass determination by the 

Secretary under title VI (as such title was in effect on the day preceding the date of enactment of the No Child Left Behind Act of 

2001) shall, to the extent consistent with the purposes of this part, 

apply to programs under this part.¿ 

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øSEC. 5143. ø20 U.S.C. 7217b¿ FEDERAL ADMINISTRATION. 

ø(a) TECHNICAL ASSISTANCE.—The Secretary, upon request, 

shall provide technical assistance to State educational agencies and 

local educational agencies under this part. 

ø(b) RULEMAKING.—The Secretary shall issue regulations 

under this part only to the extent that such regulations are necessary to ensure that there is compliance with the specific requirements and assurances required by this part. 

ø(c) AVAILABILITY OF APPROPRIATIONS.—Notwithstanding any 

other provision of law, unless expressly in limitation of this subsection, funds appropriated in any fiscal year to carry out programs 

under this part shall become available for obligation on July 1 of 

such fiscal year and shall remain available for obligation until the 

end of the subsequent fiscal year.¿ 

øSEC. 5144. ø20 U.S.C. 7217c¿ SUPPLEMENT, NOT SUPPLANT. 

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

øSEC. 5145. ø20 U.S.C. 7217d¿ DEFINITIONS. 

øIn this part: 

ø(1) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local educational agency’’ means a local educational agency or a consortium of such agencies. 

ø(2) PUBLIC SCHOOL.—The term ‘‘public school’’ means a 

public elementary school or a public secondary school. 

ø(3) SCHOOL-AGE POPULATION.—The term ‘‘school-age population’’ means the population aged 5 through 17. 

ø(4) STATE.—The term ‘‘State’’ means each of the 50 

States, the District of Columbia, and the Commonwealth of 

Puerto Rico.¿ 

øSEC. 5146. ø20 U.S.C. 7217e¿ AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated to carry out this 

part— 

ø(1) $450,000,000 for fiscal year 2002; 

ø(2) $475,000,000 for fiscal year 2003; 

ø(3) $500,000,000 for fiscal year 2004; 

ø(4) $525,000,000 for fiscal year 2005; 

ø(5) $550,000,000 for fiscal year 2006; and 

ø(6) $600,000,000 for fiscal year 2007.¿ 

PART A—RACE TO THE TOP 

SEC. 5101. PURPOSES. 

The purposes of this part are to provide incentives for States 

and high-need local educational agencies to implement comprehensive reforms and innovative strategies that are designed to lead to— 

(1) significant improvements in outcomes for all students, 

including improvements in student readiness, student academic 

achievement, high school graduation rates, and rates of student 

enrollment, persistence, and completion in institutions of higher 

education; and 

(2) significant reductions in achievement gaps between the 

groups of students described in section 1111(a)(2)(B)(x). 

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SEC. 5102. RESERVATION OF FUNDS. 

From amounts made available to carry out this part for a fiscal 

year, the Secretary may reserve not more than 5 percent to carry out 

activities in accordance with this part related to technical assistance, evaluation, outreach, and dissemination. 

SEC. 5103. RACE TO THE TOP PROGRAM. 

(a) PROGRAM AUTHORIZED.— 

(1) IN GENERAL.—For each fiscal year for which funds are 

appropriated under this part and from such funds that are not 

reserved under section 5102, the Secretary shall, in accordance 

with paragraph (2), determine the educational goals that are 

the greatest priority for the United States and award grants, 

through a grant competition, to eligible entities to enable such 

eligible entities to carry out comprehensive reforms and innovative strategies in furtherance of such goals. 

(2) SELECTION OF GOALS AND CATEGORIES OF ENTITIES.— 

(A) IN GENERAL.—The Secretary shall determine the 

priorities for grants awarded through a grant competition 

under this part by selecting in advance of the application 

period— 

(i) 1 or more categories of entities described in 

paragraph (3) that may apply for and receive the 

grants through such grant competition; and 

(ii) 1 or more goals described in paragraph (4) to 

be supported under the grants. 

(B) ANNOUNCEMENT.—The Secretary shall ensure that 

information regarding the selections of goals and categories 

of entities for the grants under this part for an upcoming 

grant competition is made widely available to eligible entities and that the eligible entities will have sufficient time 

to prepare a grant application based on the Secretary’s decisions for the upcoming grant competition. 

(3) ELIGIBLE ENTITIES.—The categories of entities that may 

be selected for grants under this part are the following: 

(A) A State. 

(B) A high-need local educational agency. 

(C) A consortium of States. 

(D) A consortium of high-need local educational agencies. 

(4) EDUCATIONAL GOALS.—The goals that the Secretary 

shall select to support through grants under this part are 1 or 

more of the following: 

(A) Increasing the access of children from low-income 

families to highly rated teachers and school leaders, including by— 

(i) developing and implementing a professional 

growth and improvement system; 

(ii) improving the effectiveness of teachers (including early childhood education educators) and school 

leaders, including through high-quality preparation, 

recruitment, professional development, evaluation, and 

other personnel policies; and 

(iii) ensuring that all teachers are prepared to effectively serve the needs of students who are children 

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with disabilities or English learners, particularly 

through the general education curriculum. 

(B) Strengthening the availability and use of highquality and timely data to improve instructional practices, 

policies, and student outcomes. 

(C) Implementing— 

(i) elementary and secondary school academic 

standards that prepare students to be college and career ready, in accordance with section 1111(a)(1); and 

(ii) strategies that translate such standards into 

classroom practice, including in the areas of assessment, instructional materials, and professional development. 

(D) Turning around the schools served by the eligible 

entity that are identified through a State’s accountability 

and improvement system under subsection (c) or (d) of section 1116. 

(E) Creating successful conditions for the creation, expansion, and replication of high-performing public charter 

schools and the creation of new, innovative, and highly autonomous public schools that will enroll a large percentage 

of students from low-income families. 

(F) Providing more equitable State and local resources 

to high-poverty schools. 

(G) Improving school readiness by— 

(i) increasing the number and percentage of children from low-income families, in each age group of infants, toddlers, and preschoolers, who are enrolled in 

high-quality early childhood education programs; and 

(ii) designing and implementing an integrated system of high-quality early childhood education programs and services that strengthens the coordination 

and collaboration among Federal, State, and local 

early childhood education programs. 

(b) DURATION OF GRANTS.— (1) IN GENERAL.—Each grant awarded under this part 

shall be for a period of not more than 4 years. 

(2) REQUIREMENTS FOR ADDITIONAL FUNDING.—Before receiving funding under any grant under this part for the second 

or any subsequent year of the grant, the eligible entity receiving 

the grant shall demonstrate to the Secretary that the eligible entity is— 

(A) making progress in implementing the plan under 

section 5104(a)(3) at a rate that the Secretary determines 

will result in full implementation of the plan during the remainder of the grant period; and 

(B) making progress, as measured by the annual performance measures and targets established by the eligible 

entity under section 5105, at a rate that the Secretary determines will result in reaching the targets and achieving the 

objectives of the grant, during the remainder of the grant 

period. 

(c) INTERAGENCY AGREEMENT.—The Secretary shall establish 

an interagency agreement with the Secretary of Health and Human 

Services to jointly administer any grant competition for the goal of 

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improving early childhood education, as described in subsection 

(a)(4)(G), and any grants issued under such grant competition. 

SEC. 5104. APPLICATION PROCESS. 

(a) IN GENERAL.—Each eligible entity that desires to receive a 

grant under this part shall submit an application to the Secretary 

at such time, in such manner, and containing such information as 

the Secretary may reasonably require. At a minimum, each such application shall include the following: 

(1) Documentation of the eligible entity’s record, as applicable, in the areas to be measured by the performance measures 

identified by the Secretary under section 5105(2). 

(2) Evidence of conditions of innovation and reform that 

the eligible entity has established and the eligible entity’s plan 

for implementing additional conditions for innovation and reform, including— 

(A) a description of how the eligible entity has identified and eliminated ineffective practices in the past, and its 

plan for doing so in the future; 

(B) a description of how the eligible entity has identified and promoted effective practices in the past, and its 

plan for doing so in the future; and 

(C) steps the eligible entity has taken and will take to 

eliminate statutory, regulatory, procedural, or other barriers to facilitate the full implementation of its proposed 

plan under paragraph (3). 

(3) A comprehensive and coherent plan for using funds 

under this part, and other Federal, State, and local funds, to 

improve the eligible entity’s performance on the performance 

measures identified under section 5105(2), including how the 

applicant will implement reforms and innovative strategies to 

achieve the goals selected by the Secretary under section 

5103(a)(2). 

(4) In the case of an eligible entity that is described in subparagraph (A) or (C) of section 5103(a)(3), evidence of collaboration among the eligible entity, local educational agencies in the 

State (including the local educational agencies participating in 

carrying out the plan under paragraph (3)), schools that are expected to benefit from the activities under the plan, parents, 

teachers, and other stakeholders, in developing and implementing the plan, including evidence of the commitment and 

capacity to implement such plan. 

(5) In the case of an eligible entity described in subparagraph (B) or (D) of section 5103(a)(3), evidence of the eligible 

entity’s collaboration with its school leaders, teachers, parents, 

and other stakeholders in developing the plan under paragraph 

(3), including evidence of the commitment and capacity to implement such plan. 

(6) The eligible entity’s annual performance measures and 

targets, in accordance with the requirements of section 5105. 

(b) CRITERIA FOR EVALUATING APPLICATIONS.— 

(1) IN GENERAL.—The Secretary shall award grants under 

this part on a competitive basis, based on the quality of the applications submitted by eligible entities. 

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(2) PUBLICATION OF EXPLANATION.—The Secretary shall 

publish an explanation of how the application review process 

will ensure an equitable, transparent, and objective evaluation. 

(c) PRIORITY.—In awarding grants under this part, the Secretary shall— 

(1) give priority to any eligible entity described in subparagraph (B) or (D) of section 5103(a)(3) that serves a school designated with a school locale code of 33, 41, 42, or 43, as determined by the Secretary; and 

(2) for any grant competition under this part for the goal 

of improving early childhood education, as described in section 

5103(a)(4)(G), give priority to any eligible entity that provides 

a full-day kindergarten program to all kindergarten students, 

or to all kindergarten students from low-income families, served 

by the eligible entity. 

SEC. 5105. PERFORMANCE MEASURES. 

Each eligible entity receiving a grant under this part shall establish, subject to approval by the Secretary, annual performance 

measures and targets for the programs and activities carried out 

under this part. Such performance measures and targets shall, at 

a minimum, track the eligible entity’s progress in— 

(1) implementing the plan described in section 5104(a)(3); 

and 

(2) making progress on any other performance measure 

identified by the Secretary. 

SEC. 5106. USES OF FUNDS. 

(a) USE OF STATE GRANT FUNDS.— 

(1) IN GENERAL.—Each eligible entity described in subparagraph (A) or (C) of section 5103(a)(3) that receives a grant 

under this part shall— 

(A) except as provided in paragraph (3), use not less 

than 50 percent of the grant funds to award subgrants 

under paragraph (2) to the local educational agencies that 

will participate in the plan for any purpose included in the 

eligible entity’s plan described in section 5104(a)(3); and 

(B) use any amount of the grant not distributed under 

subparagraph (A) for any purpose included in the eligible 

entity’s plan. 

(2) AMOUNT OF SUBGRANTS.—For a fiscal year, the amount 

of a subgrant under paragraph (1)(A) for a local educational 

agency that will participate in the eligible entity’s plan shall 

bear the same relation to the amount available for all such subgrants by the eligible entity for such year, as the amount made 

available to the local educational agency under part A of title 

I for the most recent year for which such data are available 

bears to the total amount made available for such year to all 

local educational agencies selected to participate in the eligible 

entity’s plan. 

(3) EXCEPTION.—An eligible entity described in subparagraph (A) or (C) of section 5103(a)(3) that receives a grant 

under this part for the goal of improving early childhood education, as described in section 5103(a)(4)(G)— 

(A) shall not be subject to the requirements of paragraph (1)(A); and 

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(B) may use grant funds to award subgrants to public 

or private nonprofit agencies and organizations for activities consistent with any purpose included in the eligible entity’s plan described in section 5104(a)(3). 

(b) USE OF SUBGRANT FUNDS.—Each local educational agency 

or public or private nonprofit agency or organization that receives 

a subgrant under paragraph (1)(A) or (3)(B) of subsection (a) from 

an eligible entity shall use subgrant funds for any purpose included 

in the eligible entity’s plan described in section 5104(a)(3), subject 

to any requirements of the eligible entity. 

(c) USE OF HIGH-NEED LOCAL EDUCATIONAL AGENCY GRANT

FUNDS.—Each eligible entity described in subparagraph (B) or (D) 

of section 5103(a)(3) that receives a grant under this part shall use 

such funds for any purpose included in the eligible entity’s plan described in section 5104(a)(3). 

(d) SPECIAL RULE.— 

(1) LIMITATION ON USE OF FUNDS.—Notwithstanding any 

other provision of this section, grant or subgrant funds under 

this part shall only be used to fund a program or activity that 

is an allowable use of funds under another section of this Act 

(excluding this part and section 8007, as amended by section 

8004 of the Strengthening America’s Schools Act of 2013), the 

Individuals with Disabilities Education Act, the Adult Education and Family Literacy Act, or the Carl D. Perkins Career 

and Technical Education Act of 2006, except that grant or 

subgrant funds for the goal of improving early childhood education, as described in section 5103(a)(4)(G), may also be used 

to fund a program or activity that is an allowable use of funds 

under the Head Start Act (42 U.S.C. 9831 et seq.) or the Child 

Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 

et seq.). 

(2) LIMITATION OF USE OF FUNDS FOR EARLY CHILDHOOD

EDUCATION PROGRAMS.—Grant or subgrant funds under this 

part that are used to improve early childhood education programs shall not be used to carry out any of the following activities: 

(A) Assessments that provide rewards or sanctions for 

individual children or teachers. 

(B) A single assessment that is used as the primary or 

sole method for assessing program effectiveness. 

(C) Evaluating children, other than for the purposes of 

improving instruction, classroom environment, professional 

development, or parent and family engagement, or program 

improvement. 

SEC. 5107. REPORTING. 

(a) ANNUAL REPORT.—An eligible entity that receives a grant 

under this part shall submit to the Secretary, at such time and in 

such manner as the Secretary may require, an annual report including, at a minimum— 

(1) data on the eligible entity’s progress in achieving the 

targets for the annual performance measures and targets established under section 5105; and 

(2) a description of the challenges the eligible entity has 

faced in implementing its program under this part, and how 

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the eligible entity has addressed, or plans to address, such challenges. 

(b) LOCAL REPORT.—Each local educational agency and each 

public or private nonprofit agency or organization that receives a 

subgrant from an eligible entity under section 5106(a) shall submit 

to the eligible entity such information as the eligible entity may require to complete the annual report required by subsection (a). 

øPART B—PUBLIC CHARTER SCHOOLS¿ 

øSubpart 1—Charter School Programs¿ 

øSEC. 5201. ø20 U.S.C. 7221¿ PURPOSE. 

øIt is the purpose of this subpart to increase national understanding of the charter schools model by— 

ø(1) providing financial assistance for the planning, program design, and initial implementation of charter schools; 

ø(2) evaluating the effects of such schools, including the effects on students, student academic achievement, staff, and 

parents; 

ø(3) expanding the number of high-quality charter schools 

available to students across the Nation; and 

ø(4) encouraging the States to provide support to charter 

schools for facilities financing in an amount more nearly commensurate to the amount the States have typically provided for 

traditional public schools.¿ 

øSEC. 5202. ø20 U.S.C. 7221a¿ PROGRAM AUTHORIZED. 

ø(a) IN GENERAL.—The Secretary may award grants to State 

educational agencies having applications approved pursuant to section 5203 to enable such agencies to conduct a charter school grant 

program in accordance with this subpart. 

ø(b) SPECIAL RULE.—If a State educational agency elects not to 

participate in the program authorized by this subpart or does not 

have an application approved under section 5203, the Secretary 

may award a grant to an eligible applicant that serves such State 

and has an application approved pursuant to section 5203(c). 

ø(c) PROGRAM PERIODS.— 

ø(1) GRANTS TO STATES.—Grants awarded to State educational agencies under this subpart shall be for a period of not 

more than 3 years. 

ø(2) GRANTS TO ELIGIBLE APPLICANTS.—Grants awarded by 

the Secretary to eligible applicants or subgrants awarded by 

State educational agencies to eligible applicants under this 

subpart shall be for a period of not more than 3 years, of which 

the eligible applicant may use— 

ø(A) not more than 18 months for planning and program design; 

ø(B) not more than 2 years for the initial implementation of a charter school; and 

ø(C) not more than 2 years to carry out dissemination 

activities described in section 5204(f)(6)(B). 

ø(d) LIMITATION.—A charter school may not receive— 

ø(1) more than one grant for activities described in subparagraphs (A) and (B) of subsection (c)(2); or 

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ø(2) more than one grant for activities under subparagraph 

(C) of subsection (c)(2). 

ø(e) PRIORITY TREATMENT.— ø(1) IN GENERAL.—In awarding grants under this subpart 

for fiscal year 2002 or any succeeding fiscal year from any 

funds appropriated under section 5211 (other than funds reserved to carry out section 5205(b)), the Secretary shall give 

priority to States to the extent that the States meet the criteria described in paragraph (2) and one or more of the criteria 

described in subparagraph (A), (B), or (C) of paragraph (3). 

ø(2) REVIEW AND EVALUATION PRIORITY CRITERIA.—The criteria referred to in paragraph (1) are that the State provides 

for periodic review and evaluation by the authorized public 

chartering agency of each charter school, at least once every 5 

years unless required more frequently by State law, to determine whether the charter school is meeting the terms of the 

school’s charter, and is meeting or exceeding the student academic achievement requirements and goals for charter schools 

as set forth under State law or the school’s charter. 

ø(3) PRIORITY CRITERIA.—The criteria referred to in paragraph (1) are the following: 

ø(A) The State has demonstrated progress, in increasing the number of high-quality charter schools that are 

held accountable in the terms of the schools’ charters for 

meeting clear and measurable objectives for the educational progress of the students attending the schools, in 

the period prior to the period for which a State educational 

agency or eligible applicant applies for a grant under this 

subpart. 

ø(B) The State— 

ø(i) provides for one authorized public chartering 

agency that is not a local educational agency, such as 

a State chartering board, for each individual or entity 

seeking to operate a charter school pursuant to such 

State law; or 

ø(ii) in the case of a State in which local educational agencies are the only authorized public chartering agencies, allows for an appeals process for the 

denial of an application for a charter school. 

ø(C) The State ensures that each charter school has a 

high degree of autonomy over the charter school’s budgets 

and expenditures. 

ø(f) AMOUNT CRITERIA.—In determining the amount of a grant 

to be awarded under this subpart to a State educational agency, 

the Secretary shall take into consideration the number of charter 

schools that are operating, or are approved to open, in the State.¿ 

øSEC. 5203. ø20 U.S.C. 7221b¿ APPLICATIONS. 

ø(a) APPLICATIONS FROM STATE AGENCIES.—Each State educational agency desiring a grant from the Secretary under this subpart shall submit to the Secretary an application at such time, in 

such manner, and containing or accompanied by such information 

as the Secretary may require. 

ø(b) CONTENTS OF A STATE EDUCATIONAL AGENCY APPLICATION.—Each application submitted pursuant to subsection (a) 

shall— 

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ø(1) describe the objectives of the State educational agency’s charter school grant program and a description of how 

such objectives will be fulfilled, including steps taken by the 

State educational agency to inform teachers, parents, and communities of the State educational agency’s charter school grant 

program; and 

ø(2) describe how the State educational agency— 

ø(A) will inform each charter school in the State regarding— 

ø(i) Federal funds that the charter school is eligible to receive; and 

ø(ii) Federal programs in which the charter school 

may participate; 

ø(B) will ensure that each charter school in the State 

receives the charter school’s commensurate share of Federal education funds that are allocated by formula each 

year, including during the first year of operation of the 

charter school; and 

ø(C) will disseminate best or promising practices of 

charter schools to each local educational agency in the 

State; and 

ø(3) contain assurances that the State educational agency 

will require each eligible applicant desiring to receive a 

subgrant to submit an application to the State educational 

agency containing— 

ø(A) a description of the educational program to be implemented by the proposed charter school, including— 

ø(i) how the program will enable all students to 

meet challenging State student academic achievement 

standards; 

ø(ii) the grade levels or ages of children to be 

served; and 

ø(iii) the curriculum and instructional practices to 

be used; 

ø(B) a description of how the charter school will be 

managed; 

ø(C) a description of— 

ø(i) the objectives of the charter school; and 

ø(ii) the methods by which the charter school will 

determine its progress toward achieving those objectives; 

ø(D) a description of the administrative relationship 

between the charter school and the authorized public chartering agency; 

ø(E) a description of how parents and other members 

of the community will be involved in the planning, program design, and implementation of the charter school; 

ø(F) a description of how the authorized public chartering agency will provide for continued operation of the 

school once the Federal grant has expired, if such agency 

determines that the school has met the objectives described in subparagraph (C)(i); 

ø(G) a request and justification for waivers of any Federal statutory or regulatory provisions that the eligible applicant believes are necessary for the successful operation 

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726 

of the charter school, and a description of any State or 

local rules, generally applicable to public schools, that will 

be waived for, or otherwise not apply to, the school; 

ø(H) a description of how the subgrant funds or grant 

funds, as appropriate, will be used, including a description 

of how such funds will be used in conjunction with other 

Federal programs administered by the Secretary; 

ø(I) a description of how students in the community 

will be— 

ø(i) informed about the charter school; and 

ø(ii) given an equal opportunity to attend the 

charter school; 

ø(J) an assurance that the eligible applicant will annually provide the Secretary and the State educational agency such information as may be required to determine if the 

charter school is making satisfactory progress toward 

achieving the objectives described in subparagraph (C)(i); 

ø(K) an assurance that the eligible applicant will cooperate with the Secretary and the State educational agency in evaluating the program assisted under this subpart; 

ø(L) a description of how a charter school that is considered a local educational agency under State law, or a 

local educational agency in which a charter school is located, will comply with sections 613(a)(5) and 613(e)(1)(B) 

of the Individuals with Disabilities Education Act; 

ø(M) if the eligible applicant desires to use subgrant 

funds for dissemination activities under section 

5202(c)(2)(C), a description of those activities and how 

those activities will involve charter schools and other public schools, local educational agencies, developers, and potential developers; and 

ø(N) such other information and assurances as the 

Secretary and the State educational agency may require. 

ø(c) ELIGIBLE APPLICANT APPLICATION.—Each eligible applicant 

desiring a grant pursuant to section 5202(b) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. 

ø(d) CONTENTS OF ELIGIBLE APPLICANT APPLICATION.—Each 

application submitted pursuant to subsection (c) shall contain— 

ø(1) the information and assurances described in subparagraphs (A) through (N) of subsection (b)(3), except that for purposes of this subsection subparagraphs (J), (K), and (N) of such 

subsection shall be applied by striking ‘‘and the State educational agency’’ each place such term appears; 

ø(2) assurances that the State educational agency— 

ø(A) will grant, or will obtain, waivers of State statutory or regulatory requirements; and 

ø(B) will assist each subgrantee in the State in receiving a waiver under section 5204(e); and 

ø(3) assurances that the eligible applicant has provided its 

authorized public chartering authority timely notice, and a 

copy, of the application, except that the State educational 

agency (or the Secretary, in the case of an application submitted to the Secretary) may waive the requirement of this 

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727 

paragraph in the case of an application for a precharter planning grant or subgrant if the authorized public chartering authority to which a charter school proposal will be submitted 

has not been determined at the time the grant or subgrant application is submitted.¿ 

øSEC. 5204. ø20 U.S.C. 7221c¿ ADMINISTRATION. 

ø(a) SELECTION CRITERIA FOR STATE EDUCATIONAL AGENCIES.—The Secretary shall award grants to State educational agencies under this subpart on the basis of the quality of the applications submitted under section 5203(b), after taking into consideration such factors as— 

ø(1) the contribution that the charter schools grant program will make to assisting educationally disadvantaged and 

other students in meeting State academic content standards 

and State student academic achievement standards; 

ø(2) the degree of flexibility afforded by the State educational agency to charter schools under the State’s charter 

schools law; 

ø(3) the ambitiousness of the objectives for the State charter school grant program; 

ø(4) the quality of the strategy for assessing achievement 

of those objectives; 

ø(5) the likelihood that the charter school grant program 

will meet those objectives and improve educational results for 

students; 

ø(6) the number of high-quality charter schools created 

under this subpart in the State; and 

ø(7) in the case of State educational agencies that propose 

to use grant funds to support dissemination activities under 

subsection (f)(6)(B), the quality of those activities and the likelihood that those activities will improve student academic 

achievement. 

ø(b) SELECTION CRITERIA FOR ELIGIBLE APPLICANTS.—The Secretary shall award grants to eligible applicants under this subpart 

on the basis of the quality of the applications submitted under section 5203(c), after taking into consideration such factors as— 

ø(1) the quality of the proposed curriculum and instructional practices; 

ø(2) the degree of flexibility afforded by the State educational agency and, if applicable, the local educational agency 

to the charter school; 

ø(3) the extent of community support for the application; 

ø(4) the ambitiousness of the objectives for the charter 

school; 

ø(5) the quality of the strategy for assessing achievement 

of those objectives; 

ø(6) the likelihood that the charter school will meet those 

objectives and improve educational results for students; and 

ø(7) in the case of an eligible applicant that proposes to 

use grant funds to support dissemination activities under subsection (f)(6)(B), the quality of those activities and the likelihood that those activities will improve student achievement. 

ø(c) PEER REVIEW.—The Secretary, and each State educational 

agency receiving a grant under this subpart, shall use a peer remstockstill on DSK4VPTVN1PROD with HEARINGS

728 

view process to review applications for assistance under this subpart. 

ø(d) DIVERSITY OF PROJECTS.—The Secretary and each State 

educational agency receiving a grant under this subpart, shall 

award grants and subgrants under this subpart in a manner that, 

to the extent possible, ensures that such grants and subgrants— 

ø(1) are distributed throughout different areas of the Nation and each State, including urban and rural areas; and 

ø(2) will assist charter schools representing a variety of 

educational approaches, such as approaches designed to reduce 

school size. 

ø(e) WAIVERS.—The Secretary may waive any statutory or regulatory requirement over which the Secretary exercises administrative authority except any such requirement relating to the elements of a charter school described in section 5210(1), if— 

ø(1) the waiver is requested in an approved application 

under this subpart; and 

ø(2) the Secretary determines that granting such a waiver 

will promote the purpose of this subpart. 

ø(f) USE OF FUNDS.— 

ø(1) STATE EDUCATIONAL AGENCIES.—Each State educational agency receiving a grant under this subpart shall use 

such grant funds to award subgrants to one or more eligible 

applicants in the State to enable such applicant to plan and 

implement a charter school in accordance with this subpart, 

except that the State educational agency may reserve not more 

than 10 percent of the grant funds to support dissemination activities described in paragraph (6). 

ø(2) ELIGIBLE APPLICANTS.—Each eligible applicant receiving funds from the Secretary or a State educational agency 

shall use such funds to plan and implement a charter school, 

or to disseminate information about the charter school and successful practices in the charter school, in accordance with this 

subpart. 

ø(3) ALLOWABLE ACTIVITIES.—An eligible applicant receiving a grant or subgrant under this subpart may use the grant 

or subgrant funds only for— 

ø(A) post-award planning and design of the educational program, which may include— 

ø(i) refinement of the desired educational results 

and of the methods for measuring progress toward 

achieving those results; and 

ø(ii) professional development of teachers and 

other staff who will work in the charter school; and 

ø(B) initial implementation of the charter school, 

which may include— 

ø(i) informing the community about the school; 

ø(ii) acquiring necessary equipment and educational materials and supplies; 

ø(iii) acquiring or developing curriculum materials; and 

ø(iv) other initial operational costs that cannot be 

met from State or local sources. 

ø(4) ADMINISTRATIVE EXPENSES.— 

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ø(A) STATE EDUCATIONAL AGENCY ADMINISTRATIVE EX- PENSES.—Each State educational agency receiving a grant 

pursuant to this subpart may reserve not more than 5 percent of such grant funds for administrative expenses associated with the charter school grant program assisted 

under this subpart. 

ø(B) LOCAL ADMINISTRATIVE EXPENSES.—A local educational agency may not deduct funds for administrative 

fees or expenses from a subgrant awarded to an eligible 

applicant, unless the eligible applicant enters voluntarily 

into a mutually agreed upon arrangement for administrative services with the relevant local educational agency. 

Absent such approval, the local educational agency shall 

distribute all such subgrant funds to the eligible applicant 

without delay. 

ø(5) REVOLVING LOAN FUNDS.—Each State educational 

agency receiving a grant pursuant to this subpart may reserve 

not more than 10 percent of the grant funds for the establishment of a revolving loan fund. Such fund may be used to make 

loans to eligible applicants that have received a subgrant 

under this subpart, under such terms as may be determined by 

the State educational agency, for the initial operation of the 

charter school grant program of the eligible applicant until 

such time as the recipient begins receiving ongoing operational 

support from State or local financing sources. 

ø(6) DISSEMINATION.— ø(A) IN GENERAL.—A charter school may apply for 

funds under this subpart, whether or not the charter 

school has applied for or received funds under this subpart 

for planning, program design, or implementation, to carry 

out the activities described in subparagraph (B) if the 

charter school has been in operation for at least 3 consecutive years and has demonstrated overall success, including— 

ø(i) substantial progress in improving student academic achievement; 

ø(ii) high levels of parent satisfaction; and 

ø(iii) the management and leadership necessary to 

overcome initial start-up problems and establish a 

thriving, financially viable charter school. 

ø(B) ACTIVITIES.—A charter school described in subparagraph (A) may use funds reserved under paragraph 

(1) to assist other schools in adapting the charter school’s 

program (or certain aspects of the charter school’s program), or to disseminate information about the charter 

school, through such activities as— 

ø(i) assisting other individuals with the planning 

and start-up of one or more new public schools, including charter schools, that are independent of the assisting charter school and the assisting charter school’s 

developers, and that agree to be held to at least as 

high a level of accountability as the assisting charter 

school; 

ø(ii) developing partnerships with other public 

schools, including charter schools, designed to improve 

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student academic achievement in each of the schools 

participating in the partnership; 

ø(iii) developing curriculum materials, assessments, and other materials that promote increased 

student achievement and are based on successful practices within the assisting charter school; and 

ø(iv) conducting evaluations and developing materials that document the successful practices of the assisting charter school and that are designed to improve student performance in other schools. 

ø(g) TRIBALLY CONTROLLED SCHOOLS.—Each State that receives a grant under this subpart and designates a tribally controlled school as a charter school shall not consider payments to a 

school under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 

2507) in determining— 

ø(1) the eligibility of the school to receive any other Federal, State, or local aid; or 

ø(2) the amount of such aid.¿ 

øSEC. 5205. ø20 U.S.C. 7221d¿ NATIONAL ACTIVITIES. 

ø(a) IN GENERAL.—The Secretary shall reserve for each fiscal 

year the greater of 5 percent or $5,000,000 of the amount appropriated to carry out this subpart, except that in no fiscal year shall 

the total amount so reserved exceed $8,000,000, to carry out the 

following activities: 

ø(1) To provide charter schools, either directly or through 

State educational agencies, with— 

ø(A) information regarding— 

ø(i) Federal funds that charter schools are eligible 

to receive; and 

ø(ii) other Federal programs in which charter 

schools may participate; and 

ø(B) assistance in applying for Federal education 

funds that are allocated by formula, including assistance 

with filing deadlines and submission of applications. 

ø(2) To provide for other evaluations or studies that include the evaluation of the impact of charter schools on student 

academic achievement, including information regarding— 

ø(A) students attending charter schools reported on 

the basis of race, age, disability, gender, limited English 

proficiency, and previous enrollment in public school; and 

ø(B) the professional qualifications of teachers within 

a charter school and the turnover of the teaching force. 

ø(3) To provide— 

ø(A) information to applicants for assistance under 

this subpart; 

ø(B) assistance to applicants for assistance under this 

subpart with the preparation of applications under section 

5203; 

ø(C) assistance in the planning and startup of charter 

schools; 

ø(D) training and technical assistance to existing charter schools; and 

ø(E) for the dissemination to other public schools of 

best or promising practices in charter schools. 

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ø(4) To provide (including through the use of one or more 

contracts that use a competitive bidding process) for the collection of information regarding the financial resources available 

to charter schools, including access to private capital, and to 

widely disseminate to charter schools any such relevant information and model descriptions of successful programs. 

ø(5) To carry out evaluations of, technical assistance for, 

and information dissemination regarding, the per-pupil facilities aid programs. In carrying out the evaluations, the Secretary may carry out one or more evaluations of State programs assisted under this subsection, which shall, at a minimum, address— 

ø(A) how, and the extent to which, the programs promote educational equity and excellence; and 

ø(B) the extent to which charter schools supported 

through the programs are— 

ø(i) held accountable to the public; 

ø(ii) effective in improving public education; and 

ø(iii) open and accessible to all students. 

ø(b) PER-PUPIL FACILITIES AID PROGRAMS.— 

ø(1) DEFINITION OF PER-PUPIL FACILITIES AID PROGRAM.—In 

this subsection, the term ‘‘per-pupil facilities aid program’’ 

means a program in which a State makes payments, on a perpupil basis, to charter schools to provide the schools with financing— 

ø(A) that is dedicated solely for funding charter school 

facilities; or 

ø(B) a portion of which is dedicated for funding charter school facilities. 

ø(2) GRANTS.— 

ø(A) IN GENERAL.—From the amount made available 

to carry out this subsection under paragraphs (2) and 

(3)(B) of section 5211(b) for any fiscal year, the Secretary 

shall make grants, on a competitive basis, to States to pay 

for the Federal share of the cost of establishing or enhancing, and administering per-pupil facilities aid programs. 

ø(B) PERIOD.—The Secretary shall award grants under 

this subsection for periods of not more than 5 years. 

ø(C) FEDERAL SHARE.—The Federal share of the cost 

described in subparagraph (A) for a per-pupil facilities aid 

program shall be not more than— 

ø(i) 90 percent of the cost, for the first fiscal year 

for which the program receives assistance under this 

subsection; 

ø(ii) 80 percent in the second such year; 

ø(iii) 60 percent in the third such year; 

ø(iv) 40 percent in the fourth such year; and 

ø(v) 20 percent in the fifth such year. 

ø(3) USE OF FUNDS.— 

ø(A) IN GENERAL.—A State that receives a grant under 

this subsection shall use the funds made available through 

the grant to establish or enhance, and administer, a perpupil facilities aid program for charter schools in the 

State. 

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ø(B) EVALUATIONS; TECHNICAL ASSISTANCE; DISSEMINA- TION.—From the amount made available to a State 

through a grant under this subsection for a fiscal year, the 

State may reserve not more than 5 percent to carry out 

evaluations, to provide technical assistance, and to disseminate information. 

ø(C) SUPPLEMENT, NOT SUPPLANT.—Funds made available under this subsection shall be used to supplement, 

and not supplant, State and local public funds expended to 

provide per pupil facilities aid programs, operations financing programs, or other programs, for charter schools. 

ø(4) REQUIREMENTS.— 

ø(A) VOLUNTARY PARTICIPATION.—No State may be required to participate in a program carried out under this 

subsection. 

ø(B) STATE LAW.—To be eligible to receive a grant 

under this subsection, a State shall establish or enhance, 

and administer, a per-pupil facilities aid program for charter schools in the State, that— 

ø(i) is specified in State law; and 

ø(ii) provides annual financing, on a per-pupil 

basis, for charter school facilities. 

ø(5) APPLICATIONS.—To be eligible to receive a grant under 

this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. 

ø(6) PRIORITIES.—In making grants under this subsection, 

the Secretary shall give priority to States that meet the criteria described in paragraph (2), and subparagraphs (A), (B), 

and (C) of paragraph (3), of section 5202(e). 

ø(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to require charter schools to collect any data described 

in subsection (a).¿ 

øSEC. 5206. ø20 U.S.C. 7221e¿ FEDERAL FORMULA ALLOCATION DURING 

FIRST YEAR AND FOR SUCCESSIVE ENROLLMENT EXPANSIONS. 

ø(a) IN GENERAL.—For purposes of the allocation to schools by 

the States or their agencies of funds under part A of title I, and 

any other Federal funds which the Secretary allocates to States on 

a formula basis, the Secretary and each State educational agency 

shall take such measures as are necessary to ensure that every 

charter school receives the Federal funding for which the charter 

school is eligible not later than 5 months after the charter school 

first opens, notwithstanding the fact that the identity and characteristics of the students enrolling in that charter school are not 

fully and completely determined until that charter school actually 

opens. The measures similarly shall ensure that every charter 

school expanding its enrollment in any subsequent year of operation receives the Federal funding for which the charter school is 

eligible not later than 5 months after such expansion. 

ø(b) ADJUSTMENT AND LATE OPENINGS.— ø(1) IN GENERAL.—The measures described in subsection 

(a) shall include provision for appropriate adjustments, 

through recovery of funds or reduction of payments for the succeeding year, in cases where payments made to a charter 

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school on the basis of estimated or projected enrollment data 

exceed the amounts that the school is eligible to receive on the 

basis of actual or final enrollment data. 

ø(2) RULE.—For charter schools that first open after November 1 of any academic year, the State, in accordance with 

guidance provided by the Secretary and applicable Federal 

statutes and regulations, shall ensure that such charter 

schools that are eligible for the funds described in subsection 

(a) for such academic year have a full and fair opportunity to 

receive those funds during the charter schools’ first year of operation.¿ 

øSEC. 5207. ø20 U.S.C. 7221f¿ SOLICITATION OF INPUT FROM CHARTER 

SCHOOL OPERATORS. 

øTo the extent practicable, the Secretary shall ensure that administrators, teachers, and other individuals directly involved in 

the operation of charter schools are consulted in the development 

of any rules or regulations required to implement this subpart, as 

well as in the development of any rules or regulations relevant to 

charter schools that are required to implement part A of title I, the 

Individuals with Disabilities Education Act, or any other program 

administered by the Secretary that provides education funds to 

charter schools or regulates the activities of charter schools.¿ 

øSEC. 5208. ø20 U.S.C. 7221g¿ RECORDS TRANSFER. 

øState educational agencies and local educational agencies, to 

the extent practicable, shall ensure that a student’s records and, if 

applicable, a student’s individualized education program as defined 

in section 602 of the Individuals with Disabilities Education Act, 

are transferred to a charter school upon the transfer of the student 

to the charter school, and to another public school upon the transfer of the student from a charter school to another public school, 

in accordance with applicable State law.¿ 

øSEC. 5209. ø20 U.S.C. 7221h¿ PAPERWORK REDUCTION. 

øTo the extent practicable, the Secretary and each authorized 

public chartering agency shall ensure that implementation of this 

subpart results in a minimum of paperwork for any eligible applicant or charter school.¿ 

øSEC. 5210. ø20 U.S.C. 7221i¿ DEFINITIONS. 

øIn this subpart: 

ø(1) CHARTER SCHOOL.—The term ‘‘charter school’’ means 

a public school that— 

ø(A) in accordance with a specific State statute authorizing the granting of charters to schools, is exempt 

from significant State or local rules that inhibit the flexible operation and management of public schools, but not 

from any rules relating to the other requirements of this 

paragraph; 

ø(B) is created by a developer as a public school, or is 

adapted by a developer from an existing public school, and 

is operated under public supervision and direction; 

ø(C) operates in pursuit of a specific set of educational 

objectives determined by the school’s developer and agreed 

to by the authorized public chartering agency; 

ø(D) provides a program of elementary or secondary 

education, or both; 

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ø(E) is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and 

is not affiliated with a sectarian school or religious institution; 

ø(F) does not charge tuition; 

ø(G) complies with the Age Discrimination Act of 

1975, title VI of the Civil Rights Act of 1964, title IX of the 

Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, and part B of the Individuals with 

Disabilities Education Act; 

ø(H) is a school to which parents choose to send their 

children, and that admits students on the basis of a lottery, if more students apply for admission than can be accommodated; 

ø(I) agrees to comply with the same Federal and State 

audit requirements as do other elementary schools and 

secondary schools in the State, unless such requirements 

are specifically waived for the purpose of this program; 

ø(J) meets all applicable Federal, State, and local 

health and safety requirements; 

ø(K) operates in accordance with State law; and 

ø(L) has a written performance contract with the authorized public chartering agency in the State that includes a description of how student performance will be 

measured in charter schools pursuant to State assessments that are required of other schools and pursuant to 

any other assessments mutually agreeable to the authorized public chartering agency and the charter school. 

ø(2) DEVELOPER.—The term ‘‘developer’’ means an individual or group of individuals (including a public or private 

nonprofit organization), which may include teachers, administrators and other school staff, parents, or other members of the 

local community in which a charter school project will be carried out. 

ø(3) ELIGIBLE APPLICANT.—The term ‘‘eligible applicant’’ 

means a developer that has— 

ø(A) applied to an authorized public chartering authority to operate a charter school; and 

ø(B) provided adequate and timely notice to that authority under section 5203(d)(3). 

ø(4) AUTHORIZED PUBLIC CHARTERING AGENCY.—The term 

‘‘authorized public chartering agency’’ means a State educational agency, local educational agency, or other public entity 

that has the authority pursuant to State law and approved by 

the Secretary to authorize or approve a charter school.¿ 

øSEC. 5211. ø20 U.S.C. 7221j¿ AUTHORIZATION OF APPROPRIATIONS. 

ø(a) IN GENERAL.—There are authorized to be appropriated to 

carry out this subpart $300,000,000 for fiscal year 2002 and such 

sums as may be necessary for each of the 5 succeeding fiscal years. 

ø(b) RESERVATION.—From the amount appropriated under subsection (a) for each fiscal year, the Secretary shall reserve— 

ø(1) $200,000,000 to carry out this subpart, other than section 5205(b); and 

ø(2) any funds in excess of $200,000,000, that do not exceed $300,000,000, to carry out section 5205(b); and 

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ø(3)(A) 50 percent of any funds in excess of $300,000,000 

to carry out this subpart, other than section 5205(b); and 

ø(B) 50 percent of any funds in excess of $300,000,000 to 

carry out section 5205(b).¿ 

øSubpart 2—Credit Enhancement Initiatives To 

Assist Charter School Facility Acquisition, Construction, and Renovation¿ 

øSEC. 5221. ø20 U.S.C. 7223¿ PURPOSE. 

øThe purpose of this subpart is to provide grants to eligible entities to permit the eligible entities to demonstrate innovative credit enhancement initiatives that assist charter schools to address 

the cost of acquiring, constructing, and renovating facilities.¿ 

øSEC. 5222. ø20 U.S.C. 7223a¿ GRANTS TO ELIGIBLE ENTITIES. 

ø(a) GRANTS.—The Secretary shall use 100 percent of the 

amount available to carry out this subpart to award not less than 

three grants to eligible entities that have applications approved 

under this subpart to demonstrate innovative methods of assisting 

charter schools to address the cost of acquiring, constructing, and 

renovating facilities by enhancing the availability of loans or bond 

financing. 

ø(b) GRANTEE SELECTION.— ø(1) EVALUATION OF APPLICATION.—The Secretary shall 

evaluate each application submitted under section 5223, and 

shall determine whether the application is sufficient to merit 

approval. 

ø(2) DISTRIBUTION OF GRANTS.—The Secretary shall award 

at least one grant to an eligible entity described in section 

5230(2)(A), at least one grant to an eligible entity described in 

section 5230(2)(B), and at least one grant to an eligible entity 

described in section 5230(2)(C), if applications are submitted 

that permit the Secretary to do so without approving an application that is not of sufficient quality to merit approval. 

ø(c) GRANT CHARACTERISTICS.—Grants under this subpart 

shall be of a sufficient size, scope, and quality so as to ensure an 

effective demonstration of an innovative means of enhancing credit 

for the financing of charter school acquisition, construction, or renovation. 

ø(d) SPECIAL RULE.—In the event the Secretary determines 

that the funds made available under this subpart are insufficient 

to permit the Secretary to award not less than three grants in accordance with subsections (a) through (c), such three-grant minimum and subsection (b)(2) shall not apply, and the Secretary may 

determine the appropriate number of grants to be awarded in accordance with subsection (c).¿ 

øSEC. 5223. ø20 U.S.C. 7223b¿ APPLICATIONS. 

ø(a) IN GENERAL.—To receive a grant under this subpart, an 

eligible entity shall submit to the Secretary an application in such 

form as the Secretary may reasonably require. 

ø(b) CONTENTS.—An application submitted under subsection 

(a) shall contain— 

ø(1) a statement identifying the activities proposed to be 

undertaken with funds received under this subpart, including 

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736 

how the eligible entity will determine which charter schools 

will receive assistance, and how much and what types of assistance charter schools will receive; 

ø(2) a description of the involvement of charter schools in 

the application’s development and the design of the proposed 

activities; 

ø(3) a description of the eligible entity’s expertise in capital market financing; 

ø(4) a description of how the proposed activities will leverage the maximum amount of private-sector financing capital 

relative to the amount of government funding used and otherwise enhance credit available to charter schools; 

ø(5) a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing 

is sought; 

ø(6) in the case of an application submitted by a State governmental entity, a description of the actions that the entity 

has taken, or will take, to ensure that charter schools within 

the State receive the funding the charter schools need to have 

adequate facilities; and 

ø(7) such other information as the Secretary may reasonably require.¿ 

øSEC. 5224. ø20 U.S.C. 7223c¿ CHARTER SCHOOL OBJECTIVES. 

øAn eligible entity receiving a grant under this subpart shall 

use the funds deposited in the reserve account established under 

section 5225(a) to assist one or more charter schools to access private sector capital to accomplish one or both of the following objectives: 

ø(1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third 

party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue 

the operation of a charter school. 

ø(2) The construction of new facilities, or the renovation, 

repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school.¿ 

øSEC. 5225. ø20 U.S.C. 7223d¿ RESERVE ACCOUNT. 

ø(a) USE OF FUNDS.—To assist charter schools to accomplish 

the objectives described in section 5224, an eligible entity receiving 

a grant under this subpart shall, in accordance with State and local 

law, directly or indirectly, alone or in collaboration with others, deposit the funds received under this subpart (other than funds used 

for administrative costs in accordance with section 5226) in a reserve account established and maintained by the eligible entity for 

this purpose. Amounts deposited in such account shall be used by 

the eligible entity for one or more of the following purposes: 

ø(1) Guaranteeing, insuring, and reinsuring bonds, notes, 

evidences of debt, loans, and interests therein, the proceeds of 

which are used for an objective described in section 5224. 

ø(2) Guaranteeing and insuring leases of personal and real 

property for an objective described in section 5224. 

ø(3) Facilitating financing by identifying potential lending 

sources, encouraging private lending, and other similar activimstockstill on DSK4VPTVN1PROD with HEARINGS

737 

ties that directly promote lending to, or for the benefit of, charter schools. 

ø(4) Facilitating the issuance of bonds by charter schools, 

or by other public entities for the benefit of charter schools, by 

providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue). 

ø(b) INVESTMENT.—Funds received under this subpart and deposited in the reserve account established under subsection (a) 

shall be invested in obligations issued or guaranteed by the United 

States or a State, or in other similarly low-risk securities. 

ø(c) REINVESTMENT OF EARNINGS.—Any earnings on funds received under this subpart shall be deposited in the reserve account 

established under subsection (a) and used in accordance with such 

subsection.¿ 

øSEC. 5226. ø20 U.S.C. 7223e¿ LIMITATION ON ADMINISTRATIVE COSTS. 

øAn eligible entity may use not more than 0.25 percent of the 

funds received under this subpart for the administrative costs of 

carrying out its responsibilities under this subpart.¿ 

øSEC. 5227. ø20 U.S.C. 7223f¿ AUDITS AND REPORTS. 

ø(a) FINANCIAL RECORD MAINTENANCE AND AUDIT.—The financial records of each eligible entity receiving a grant under this subpart shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an 

independent public accountant. 

ø(b) REPORTS.— 

ø(1) GRANTEE ANNUAL REPORTS.—Each eligible entity receiving a grant under this subpart annually shall submit to the 

Secretary a report of its operations and activities under this 

subpart. 

ø(2) CONTENTS.—Each annual report submitted under 

paragraph (1) shall include— 

ø(A) a copy of the most recent financial statements, 

and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the 

financial records of the eligible entity; 

ø(B) a copy of any report made on an audit of the financial records of the eligible entity that was conducted 

under subsection (a) during the reporting period; 

ø(C) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under this 

subpart in leveraging private funds; 

ø(D) a listing and description of the charter schools 

served during the reporting period; 

ø(E) a description of the activities carried out by the 

eligible entity to assist charter schools in meeting the objectives set forth in section 5224; and 

ø(F) a description of the characteristics of lenders and 

other financial institutions participating in the activities 

undertaken by the eligible entity under this subpart during the reporting period. 

ø(3) SECRETARIAL REPORT.—The Secretary shall review the 

reports submitted under paragraph (1) and shall provide a 

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comprehensive annual report to Congress on the activities conducted under this subpart.¿ 

øSEC. 5228. ø20 U.S.C. 7223g¿ NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATIONS. 

øNo financial obligation of an eligible entity entered into pursuant to this subpart (such as an obligation under a guarantee, 

bond, note, evidence of debt, or loan) shall be an obligation of, or 

guaranteed in any respect by, the United States. The full faith and 

credit of the United States is not pledged to the payment of funds 

which may be required to be paid under any obligation made by an 

eligible entity pursuant to any provision of this subpart.¿ 

øSEC. 5229. ø20 U.S.C. 7223h¿ RECOVERY OF FUNDS. 

ø(a) IN GENERAL.—The Secretary, in accordance with chapter 

37 of title 31, United States Code, shall collect— 

ø(1) all of the funds in a reserve account established by an 

eligible entity under section 5225(a) if the Secretary determines, not earlier than 2 years after the date on which the eligible entity first received funds under this subpart, that the eligible entity has failed to make substantial progress in carrying out the purposes described in section 5225(a); or 

ø(2) all or a portion of the funds in a reserve account established by an eligible entity under section 5225(a) if the Secretary determines that the eligible entity has permanently 

ceased to use all or a portion of the funds in such account to 

accomplish any purpose described in section 5225(a). 

ø(b) EXERCISE OF AUTHORITY.—The Secretary shall not exercise the authority provided in subsection (a) to collect from any eligible entity any funds that are being properly used to achieve one 

or more of the purposes described in section 5225(a). 

ø(c) PROCEDURES.—The provisions of sections 451, 452, and 

458 of the General Education Provisions Act shall apply to the recovery of funds under subsection (a). 

ø(d) CONSTRUCTION.—This section shall not be construed to impair or affect the authority of the Secretary to recover funds under 

part D of the General Education Provisions Act.¿ 

øSEC. 5230. ø20 U.S.C. 7223i¿ DEFINITIONS. 

øIn this subpart: 

ø(1) CHARTER SCHOOL.—The term ‘‘charter school’’ has the 

meaning given such term in section 5210. 

ø(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

ø(A) a public entity, such as a State or local governmental entity; 

ø(B) a private nonprofit entity; or 

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

øSEC. 5231. ø20 U.S.C. 7223j¿ AUTHORIZATION OF APPROPRIATIONS. 

øFor the purpose of carrying out this subpart, there are authorized to be appropriated $150,000,000 for fiscal year 2002 and 

such sums as may be necessary for fiscal year 2003.¿ 

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ø Subpart 3—Voluntary Public School Choice 

Programs¿ 

øSEC. 5241. ø20 U.S.C. 7225¿ GRANTS. 

ø(a) AUTHORIZATION.—From funds made available under section 5248 to carry out this subpart, the Secretary shall award 

grants, on a competitive basis, to eligible entities to enable the entities to establish or expand a program of public school choice (referred to in this subpart as a ‘‘program’’) in accordance with this 

subpart. 

ø(b) DURATION.—Grants awarded under subsection (a) may be 

awarded for a period of not more than 5 years.¿ 

øSEC. 5242. ø20 U.S.C. 7225a¿ USES OF FUNDS. 

ø(a) REQUIRED USE OF FUNDS.—An eligible entity that receives 

a grant under this subpart shall use the grant funds to provide students selected to participate in the program with transportation 

services or the cost of transportation to and from the public elementary schools and secondary schools, including charter schools, 

that the students choose to attend under the program. 

ø(b) PERMISSIBLE USES OF FUNDS.—An eligible entity that receives a grant under this subpart may use the grant funds for— 

ø(1) planning or designing a program (for not more than 

1 year); 

ø(2) the cost of making tuition transfer payments to public 

elementary schools or secondary schools to which students 

transfer under the program; 

ø(3) the cost of capacity-enhancing activities that enable 

high-demand public elementary schools or secondary schools to 

accommodate transfer requests under the program; 

ø(4) the cost of carrying out public education campaigns to 

inform students and parents about the program; and 

ø(5) other costs reasonably necessary to implement the 

program. 

ø(c) NONPERMISSIBLE USES OF FUNDS.—An eligible entity that 

receives a grant under this subpart may not use the grant funds 

for school construction. 

ø(d) ADMINISTRATIVE EXPENSES.—The eligible entity may use 

not more than 5 percent of the funds made available through the 

grant for any fiscal year for administrative expenses.¿ 

øSEC. 5243. ø20 U.S.C. 7225b¿ APPLICATIONS. 

ø(a) SUBMISSION.—An eligible entity that desires a grant under 

this subpart shall submit an application to the Secretary at such 

time, in such manner, and containing such information as the Secretary may require. 

ø(b) CONTENTS.—An application submitted under subsection 

(a) shall include— 

ø(1) a description of the program for which the eligible entity seeks funds and the goals for such program; 

ø(2) a description of how and when parents of students 

will be given the notice required under section 5245(a)(2); 

ø(3) a description of how students will be selected for the 

program; 

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740 

ø(4) a description of how the program will be coordinated 

with, and will complement and enhance, other related Federal 

and non-Federal projects; 

ø(5) if the program is to be carried out by a partnership, 

the name of each partner and a description of the partner’s responsibilities; and 

ø(6) such other information as the Secretary may require.¿ 

øSEC. 5244. ø20 U.S.C. 7225c¿ PRIORITIES. 

øIn awarding grants under this subpart, the Secretary shall 

give priority to an eligible entity— 

ø(1) whose program would provide the widest variety of 

choices to all students in participating schools; 

ø(2) whose program would, through various choice options, 

have the most impact in allowing students in low-performing 

schools to attend higher-performing schools; and 

ø(3) that is a partnership that seeks to implement an 

interdistrict approach to carrying out a program.¿ 

øSEC. 5245. ø20 U.S.C. 7225d¿ REQUIREMENTS AND VOLUNTARY PARTICIPATION. 

ø(a) PARENT AND COMMUNITY INVOLVEMENT AND NOTICE.—In 

carrying out a program under this subpart, an eligible entity 

shall— 

ø(1) develop the program with— 

ø(A) the involvement of parents and others in the community to be served; and 

ø(B) individuals who will carry out the program, including administrators, teachers, principals, and other 

staff; and 

ø(2) provide to parents of students in the area to be served 

by the program with prompt notice of— 

ø(A) the existence of the program; 

ø(B) the program’s availability; and 

ø(C) a clear explanation of how the program will operate. 

ø(b) SELECTION OF STUDENTS.—An eligible entity that receives 

a grant under this subpart shall select students to participate in 

a program on the basis of a lottery, if more students apply for admission to the program than can be accommodated. 

ø(c) VOLUNTARY PARTICIPATION.—Student participation in a 

program funded under this subpart shall be voluntary.¿ 

øSEC. 5246. ø20 U.S.C. 7225e¿ EVALUATIONS. 

ø(a) IN GENERAL.—From the amount made available to carry 

out this subpart for any fiscal year, the Secretary may reserve not 

more than 5 percent— 

ø(1) to carry out evaluations; 

ø(2) to provide technical assistance; and 

ø(3) to disseminate information. 

ø(b) EVALUATIONS.—In carrying out the evaluations under subsection (a), the Secretary shall, at a minimum, address— 

ø(1) how, and the extent to which, the programs promote 

educational equity and excellence; 

ø(2) the characteristics of the students participating in the 

programs; and 

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ø(3) the effect of the programs on the academic achievement of students participating in the programs, particularly 

students who move from schools identified under section 1116 

to schools not so identified, and on the overall quality of participating schools and districts.¿ 

øSEC. 5247. ø20 U.S.C. 7225f¿ DEFINITIONS. 

øIn this subpart: 

ø(1) CHARTER SCHOOL.—The term ‘‘charter school’’ has the 

meaning given such term in section 5210. 

ø(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

ø(A) one or more State educational agencies; 

ø(B) one or more local educational agencies; or 

ø(C) a partnership of— 

ø(i) one or more— 

ø(I) State educational agencies; and 

ø(II) local educational agencies or other public, for-profit, or nonprofit entities; or 

ø(ii) one or more— 

ø(I) local educational agencies; and 

ø(II) public, for-profit, or nonprofit entities. 

ø(3) LOW-PERFORMING SCHOOL.—The term ‘‘low-performing 

school’’ means a public elementary school or secondary school 

that has failed to make adequate yearly progress, as described 

in section 1111(b), for two or more consecutive years.¿ 

øSEC. 5248. ø20 U.S.C. 7225g¿ AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated to carry out this sub- part $100,000,000 for fiscal year 2002 and each of the 5 succeeding 

fiscal years.¿ 

PART B—INVESTING IN INNOVATION 

SEC. 5201. PURPOSES. 

The purposes of this part are to— 

(1) fund the identification, development, evaluation, and expansion of innovative, research- and evidence-based practices, 

programs, and strategies in order to significantly— 

(A) increase student academic achievement and close 

achievement gaps; 

(B) increase high school graduation rates; 

(C) increase college enrollment readiness and rates of 

college enrollment; 

(D) improve teacher and school leader effectiveness; 

and 

(E) improve school readiness and strengthen collaboration and coordination among elementary schools and early 

childhood care and education; and 

(2) support the rapid development, expansion, adoption, 

and implementation of tools and resources that improve the efficiency, effectiveness, or pace of adoption of such educational 

practices, programs, and strategies. 

SEC. 5202. RESERVATIONS. 

(a) ARPA-ED.—The Secretary may reserve not more than 30 

percent of the funds appropriated under section 3(u) for each fiscal 

year to carry out the activities of the Advanced Research Projects 

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742 

Agency-Education established under section 221 of the Department 

of Education Organization Act, except that the amount so reserved 

for any fiscal year shall not exceed $100,000,000. 

(b) NATIONAL ACTIVITIES.—The Secretary may reserve not more 

than 5 percent of the funds appropriated under section 3(u) for any 

fiscal year to carry out activities of national significance. Such activities may include— 

(1) capacity building; 

(2) technical assistance; 

(3) dissemination of best practices developed with grant 

funds provided under this part; and 

(4) carrying out prize awards consistent with section 24 of 

the Stevenson-Wydler Technology Innovation Act of 1980 (15 

U.S.C. 3719). 

(c) AVAILABILITY OF FUNDS.—Funds for the activities described 

in subsection (a), and for prize awards under subsection (b)(4), shall 

be available until expended. 

SEC. 5203. PROGRAM AUTHORIZED; LENGTH OF GRANTS; PRIORITIES. 

(a) PROGRAM AUTHORIZATION.— (1) IN GENERAL.—From amounts made available to carry 

out this part and not reserved under section 5202 for a fiscal 

year, the Secretary shall award grants, on a competitive basis, 

to eligible entities. 

(2) ELIGIBLE ENTITY.—In this part, the term ‘‘eligible entity’’ 

means— 

(A) a local educational agency or a consortium of local 

educational agencies; or 

(B) a partnership between a nonprofit organization or 

an educational service agency and— 

(i) 1 or more local educational agencies; or 

(ii) a consortium of public schools. 

(b) DURATION OF GRANTS.—The Secretary— 

(1) shall award grants under this part for a period of not 

more than 3 years; and 

(2) may extend such grants for an additional 2-year period 

if the grantee demonstrates to the Secretary that it is making 

significant progress on the program performance measures 

identified in section 5206. 

(c) RURAL SET-ASIDE.—The Secretary shall ensure that not less 

than 22 percent of the funds awarded under subsection (a) for any 

fiscal year are for projects that meet both of the following requirements, except that the Secretary shall not be required to make such 

awards unless a sufficient number of otherwise eligible high-quality 

applications are received: 

(1) The eligible entity includes— 

(A) a local educational agency with an urban-centric 

district locale code of 32, 33, 41, 42, or 43, as determined 

by the Secretary; 

(B) a consortium of such local educational agencies; or 

(C) if the applicant is a partnership, an educational 

service agency or a nonprofit organization with demonstrated expertise in serving students from rural areas. 

(2) A majority of the schools to be served by the project are 

designated with a school locale code of 41, 42, or 43, or a combination of such codes, as determined by the Secretary, and— 

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(A) are served by a local educational agency in which 

20 percent or more of the children ages 5 through 17 years 

old are from families with incomes below the poverty line; 

(B) are served by a local educational agency in which 

the total number of students in average daily attendance at 

all of the schools served by the local educational agency is 

fewer than 600; or 

(C) are served by a local educational agency located in 

a county that has a total population density of fewer than 

10 persons per square mile. 

(d) PRIORITIES.—In awarding grants under this part, the Secretary shall give priority to an eligible entity that includes, in its 

application under section 5204, a plan to— 

(1) address the needs of high-need local educational agencies; 

(2) improve school readiness; or 

(3) address the unique learning needs of students who are 

children with disabilities or English learners. 

(e) STANDARDS OF EVIDENCE.—The Secretary shall set standards for the quality of evidence that an applicant shall provide in 

order to demonstrate that the activities the applicant proposes to 

carry out with funds under this part are likely to succeed in improving student outcomes, including, where applicable, academic 

achievement and graduation rates. These standards shall include 

the following: 

(1) Strong evidence that the activities proposed by the applicant will have a statistically significant effect on student outcomes. 

(2) Moderate evidence that the activities proposed by the 

applicant will improve outcomes. 

(3) A rationale based on research findings or a reasonable 

hypothesis that the activities proposed by the applicant will improve student outcomes. 

(f) SUPPORT FOR NEW PRACTICES, STRATEGIES, OR PRO- GRAMS.— 

(1) IN GENERAL.—The Secretary shall ensure that not less 

than one-half of the funds awarded under subsection (a) for any 

fiscal year are for projects that— 

(A) meet an evidence standard described in paragraph 

(2) or (3) of subsection (e); and 

(B) do not meet the evidence standard described in 

paragraph (1) of such subsection. 

(2) EXCEPTION.—The Secretary shall not be required to 

make the awards described in paragraph (1) unless a sufficient 

number of otherwise eligible high-quality applications are received. 

SEC. 5204. APPLICATIONS. 

Each eligible entity that desires to receive a grant under this 

part shall submit an application to the Secretary at such time, in 

such manner, and containing such information as the Secretary 

may reasonably require. At a minimum, each application shall— 

(1) describe the project for which the applicant is seeking 

a grant and how the evidence supporting that project meets the 

standards of evidence established by the Secretary under section 

5203(e); 

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744 

(2) describe how the applicant will address at least 1 of the 

areas described in section 5205(a)(1)(A); 

(3) provide an estimate of the number of children that the 

applicant plans to serve under the proposed project, including 

the percentage of those children who are from low-income families; 

(4) demonstrate that the applicant has established 1 or 

more partnerships with public or private organizations and 

that the partner or partners will provide matching funds, except 

that the Secretary may waive the matching funds requirement 

on a case-by-case basis, upon a showing of exceptional circumstances; 

(5) describe the applicant’s plan for continuing the proposed project after funding under this part ends; 

(6) if the applicant is a local educational agency— 

(A) document the local educational agency’s record during the previous 3 years in— 

(i) increasing student achievement, including 

achievement for each subgroup of students described in 

section 1111(a)(2)(B)(x); and 

(ii) closing achievement gaps; and 

(B) demonstrate how the local educational agency has 

made significant improvements in other outcomes, as applicable, on the performance measures described in section 

5206; 

(7) if the applicant is a partnership that includes a nonprofit organization or educational service agency, provide evidence that the nonprofit organization or educational service 

agency has helped at least 1 school or local educational agency, 

during the previous 3 years, significantly— 

(A) increase student achievement, including achievement for each subgroup of students described in section 

1111(a)(2)(B)(x); and 

(B) close achievement gaps; 

(8) provide a description of the applicant’s plan for independently evaluating the effectiveness of activities carried out 

with funds under this part; 

(9) provide an assurance that the applicant will— 

(A) cooperate with evaluations, as requested by the Secretary; 

(B) make data available to third parties for validation 

and further study; and 

(C) participate in communities of practice; and 

(10) if the applicant is a partnership that includes a nonprofit organization or educational service agency that intends to 

make subgrants, consistent with section 5205(b), provide an assurance that the applicant will apply paragraphs (1) through 

(9), as appropriate, in its selection of subgrantees and in its 

oversight of those subgrants. 

SEC. 5205. USES OF FUNDS. 

(a) USES OF FUNDS.— (1) MANDATORY USES.—Each eligible entity that receives a 

grant under this part shall carry out the following: 

(A) Use the grant funds to carry out, at a minimum, 

1 of the following activities: 

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745 

(i) Improving the effectiveness of teachers and 

school leaders and increasing equity in the distribution 

of effective teachers and school leaders. 

(ii) Strengthening the use of data to improve teaching and learning. 

(iii) Providing high-quality instruction based on 

college and career ready standards and measuring students’ mastery of standards using high-quality assessments aligned with those standards. 

(iv) Turning around the lowest-performing schools. 

(v) Improving school readiness for students who 

are low income, English learners, or children with disabilities. 

(vi) Other areas relating to school improvement 

consistent with the purposes of this part, as determined 

by the Secretary. 

(B) Use the grant funds to develop or expand strategies 

to improve the performance of high-need students on the 

applicable performance measures described in section 5206. 

(2) PERMISSIVE USE OF FUNDS.—Each eligible entity that 

receives a grant under this part may use the grant funds for an 

independent evaluation, as required under section 5204(a)(8), of 

the innovative practice carried out with the grant. 

(b) AUTHORITY TO SUBGRANT.— 

(1) IN GENERAL.—If an eligible entity that receives a grant 

under this part includes a nonprofit organization or educational service agency, such nonprofit organization or educational service agency may use the grant funds to award subgrants to other entities to provide support to 1 or more schools 

or local educational agencies. 

(2) COMPLIANCE WITH REQUIREMENTS OF GRANTEES.—Each 

entity awarded a subgrant under paragraph (1) shall comply 

with the requirements of this part relating to grantees, as appropriate. 

SEC. 5206. PERFORMANCE MEASURES. 

The Secretary shall establish performance measures for the programs and activities carried out under this part. These measures, 

at a minimum, shall track the grantee’s progress in improving outcomes for each subgroup of students described in section 

1111(a)(2)(B)(x) that is served by the grantee, including, as applicable, by— 

(1) increasing student achievement and decreasing achievement gaps; 

(2) increasing high school graduation rates; 

(3) increasing college readiness and rates of college enrollment; 

(4) improving teacher and school leader effectiveness; 

(5) improving school readiness; and 

(6) any other indicator as the Secretary or grantee may determine. 

SEC. 5207. REPORTING. 

An eligible entity that receives a grant under this part shall 

submit to the Secretary, at such time and in such manner as the 

Secretary may require, an annual report that includes, among other 

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things, information on the entity’s progress on the performance 

measures established under section 5206, and the data supporting 

that progress. 

PART C—MAGNET SCHOOLS ASSISTANCE 

SEC. 5301. FINDINGS AND PURPOSE. 

(a) * * * 

(1) * * * 

ø(2) The use of magnet schools has increased dramatically 

since the inception of the magnet schools assistance program 

under this Act, with approximately 2,000,000 students nationwide attending such schools, of whom more than 65 percent 

are non-white.¿ 

(2) The use of magnet schools has increased dramatically 

since the inception of the magnet schools assistance program 

under this Act, with more than 1,500,000 students nationwide 

attending such schools. 

* * * * * * * 

(4) * * * 

(A) * * * 

ø(B) to ensure that all students have equitable access 

to a high quality education that will prepare all students 

to function well in a technologically oriented and a highly 

competitive economy comprised of people from many different racial and ethnic backgrounds; and¿ 

(B) to ensure that all students have equitable access to 

a high-quality public education that will prepare them to 

succeed in a highly competitive economy comprised of people from many different racial and ethnic backgrounds; 

and 

(C) * * * 

* * * * * * * 

(b) PURPOSE.—* * * 

(1) * * * 

(2) the development and implementation of magnet school 

programs, particularly whole-school programs, that will assist 

local educational agencies in achieving systemic reforms and 

providing all students the opportunity to meet øchallenging 

State academic content standards and student academic 

achievement standards¿college and career ready State academic content standards and student academic achievement 

standards under section 1111(a)(1); 

ø(3) the development and design of innovative educational 

methods and practices that promote diversity and increase 

choices in public elementary schools and public secondary 

schools and public educational programs; 

ø(4) courses of instruction within magnet schools that will 

substantially strengthen the knowledge of academic subjects 

and the attainment of tangible and marketable vocational, 

technological, and professional skills of students attending 

such schools; ¿ 

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(3) the development and design of evidence-based educational methods and practices that promote diversity and increase high-quality public educational options; 

(4) courses of instruction within magnet schools that will 

substantially increase the college and career readiness of students attending such schools; 

* * * * * * * 

SEC. 5303. PROGRAM AUTHORIZED. 

The Secretary, in accordance with this part, is authorized to 

award competitive grants to eligible local educational agencies, and 

consortia of such agencies where appropriate, to carry out the purpose of this part for magnet schools that are— 

(1) * * * 

* * * * * * * 

SEC. 5305. APPLICATIONS AND REQUIREMENTS. 

(a) APPLICATIONS. 

* * * 

ø(b) INFORMATION AND ASSURANCES.—Each application submitted under subsection (a) shall include— 

ø(1) a description of— 

ø(A) how a grant awarded under this part will be used 

to promote desegregation, including how the proposed 

magnet school programs will increase interaction among 

students of different social, economic, ethnic, and racial 

backgrounds; 

ø(B) the manner and extent to which the magnet 

school program will increase student academic achievement in the instructional area or areas offered by the 

school; 

ø(C) how the applicant will continue the magnet 

school program after assistance under this part is no 

longer available, and, if applicable, an explanation of why 

magnet schools established or supported by the applicant 

with grant funds under this part cannot be continued 

without the use of grant funds under this part; 

ø(D) how grant funds under this part will be used— 

ø(i) to improve student academic achievement for 

all students attending the magnet school programs; 

and 

ø(ii) to implement services and activities that are 

consistent with other programs under this Act, and 

other Acts, as appropriate; and 

ø(E) the criteria to be used in selecting students to attend the proposed magnet school program; and 

ø(2) assurances that the applicant will— 

ø(A) use grant funds under this part for the purposes 

specified in section 5301(b); 

ø(B) employ highly qualified teachers in the courses of 

instruction assisted under this part; 

ø(C) not engage in discrimination based on race, religion, color, national origin, sex, or disability in— 

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ø(i) the hiring, promotion, or assignment of employees of the applicant or other personnel for whom 

the applicant has any administrative responsibility; 

ø(ii) the assignment of students to schools, or to 

courses of instruction within the schools, of such applicant, except to carry out the approved plan; and 

ø(iii) designing or operating extracurricular activities for students; 

ø(D) carry out a high-quality education program that 

will encourage greater parental decisionmaking and involvement; and 

ø(E) give students residing in the local attendance 

area of the proposed magnet school program equitable consideration for placement in the program, consistent with 

desegregation guidelines and the capacity of the applicant 

to accommodate the students.¿ 

(b) INFORMATION AND ASSURANCES.—Each application submitted under subsection (a) shall include— 

(1) a description of— 

(A) how a grant awarded under this part will be used 

to— 

(i) improve student academic achievement for all 

students and subgroups of students described in section 

1111(a)(2)(B)(x) attending the magnet school program; 

and 

(ii) promote desegregation, including how the proposed magnet school program will increase interaction 

among students of different social, economic, ethnic, 

and racial backgrounds, including the policies, programs, and activities aimed at increasing interaction 

among such students; 

(B)(i) a description of the evidence that the magnet 

school program that the applicant proposes to implement 

would improve student academic achievement and reduce 

minority group isolation; or 

(ii) if such evidence is not available, a rationale, based 

on current research findings, for how the program would 

improve student academic achievement and reduce minority group isolation; 

(C) how the applicant will continue the magnet school 

program after assistance under this part is no longer available, and, if applicable, an explanation of why magnet 

schools established or supported by the applicant with 

grant funds under this part cannot be continued without 

the use of grant funds under this part; 

(D) how grant funds under this part will be used— 

(i) to improve student academic achievement for all 

students attending the magnet school programs; and 

(ii) to implement services and activities that are 

consistent with other programs under this Act, and 

other Acts, as appropriate; 

(E) the student application process, and selection criteria, if any, to be used by the proposed magnet school program; 

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(F) how the applicant will conduct outreach and disseminate information about the proposed magnet school 

program, including the application and selection process, in 

a timely, clear, and accessible manner to all students and 

their parents and families and, to the extent practicable, in 

a language they can understand; and 

(G) how the applicant will assess, monitor, and evaluate the impact of the activities funded under this part on 

student academic achievement and integration; and 

(2) assurances that the applicant will— 

(A) use grant funds under this part for the purpose 

specified in section 5301(b); 

(B) employ highly rated school leaders and teachers in 

the courses of instruction assisted under this part; 

(C) not engage in discrimination based on race, religion, color, national origin, sex, or disability in— 

(i) the hiring, promotion, or assignment of employees of the applicant or other personnel for whom the 

applicant has any administrative responsibility; 

(ii) the assignment of students to schools, or to 

courses of instruction within the schools, of such applicant, except to carry out the approved plan; and 

(iii) designing or operating extracurricular activities for students; 

(D) carry out a high-quality education program that 

will result in greater parent and family decisionmaking 

and engagement; and 

(E) give students residing in the local attendance area 

of the proposed magnet school program equitable consideration for placement in the program, consistent with desegregation guidelines and the capacity of the applicant to accommodate the students. 

(c) SPECIAL RULE.—No grant shall be awarded under this part 

unless the Assistant Secretary of Education for Civil Rights determines that the assurances described in subsection (b)(2)(C) øwill be 

met¿are being met. 

SEC. 5306. PRIORITY. 

* * * 

ø(1) demonstrate the greatest need for assistance, based on 

the expense or difficulty of effectively carrying out approved 

desegregation plans and the magnet school program for which 

the grant is sought; 

ø(2) propose to carry out new magnet school programs, or 

significantly revise existing magnet school programs; and 

ø(3) propose to select students to attend magnet school 

programs by methods such as lottery, rather than through academic examination.¿ 

(1) have the highest quality applications and demonstrate 

the greatest need for assistance, based on the expense or difficulty of effectively carrying out approved desegregation plans 

and the magnet school program for which the grant is sought; 

(2) propose to carry out new magnet school programs, significantly revise existing magnet school programs, or significantly expand magnet school programs, in a manner that— 

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(A) is aligned with other programs that have demonstrated a record of success in increasing student academic achievement and reducing minority group isolation; 

or 

(B) has a strong research basis for improving student 

academic achievement and reducing minority group isolation; 

(3) select, or propose to select, students to attend magnet 

school programs solely or primarily by lottery, rather than 

through academic examination or other selective enrollment 

methods; and 

(4) propose to serve the entire student population of a 

school. 

SEC. 5307. USE OF FUNDS. 

(a) IN GENERAL.—* * * 

ø(1) for planning and promotional activities directly related to the development, expansion, continuation, or enhancement of academic programs and services offered at magnet 

schools; 

ø(2) for the acquisition of books, materials, and equipment, 

including computers and the maintenance and operation of materials, equipment, and computers, necessary to conduct programs in magnet schools; 

ø(3) for the compensation, or subsidization of the compensation, of elementary school and secondary school teachers 

who are highly qualified, and instructional staff where applicable, who are necessary to conduct programs in magnet schools; 

ø(4) with respect to a magnet school program offered to 

less than the entire student population of a school, for instructional activities that— 

ø(A) are designed to make available the special curriculum that is offered by the magnet school program to 

students who are enrolled in the school but who are not 

enrolled in the magnet school program; and 

ø(B) further the purpose of this part; 

ø(5) for activities, which may include professional development, that will build the recipient’s capacity to operate magnet 

school programs once the grant period has ended; 

ø(6) to enable the local educational agency, or consortium 

of such agencies, to have more flexibility in the administration 

of a magnet school program in order to serve students attending a school who are not enrolled in a magnet school program; 

and 

ø(7) to enable the local educational agency, or consortium 

of such agencies, to have flexibility in designing magnet 

schools for students in all grades.¿ 

(1) for planning, outreach, and promotional activities directly related to the development, expansion, continuation, or 

enhancement of academic programs and services offered at 

magnet schools; 

(2) for the acquisition of books, educational technology, materials, and equipment necessary to conduct programs in magnet schools; 

(3) for— 

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(A) the compensation, or subsidization of the compensation, of elementary school and secondary school teachers, 

leaders, and other instructional staff who are highly rated; 

and 

(B) high-quality professional development and staff capacity-building activities, including those designed to recruit, prepare, support, and retain highly rated school 

teachers, leaders, and other instructional staff; 

(4) with respect to a magnet school program offered to less 

than the entire student population of a school, for instructional 

activities that are designed to make available the special curriculum that is offered by the magnet school program to students who are enrolled in the school but who are not enrolled 

in the magnet school program; 

(5) for activities, which may include the formation of partnerships with public or nonprofit organizations, to help enhance 

the program or promote parent and family decisionmaking and 

engagement that will build the recipient’s capacity to operate 

magnet school programs once the grant period has ended; 

(6) to enable the local educational agency, or consortium of 

such agencies, to have more flexibility in designing magnet 

schools for students in all grades; and 

(7) for other operational costs that cannot be met with other 

State or local sources. 

ø(b) SPECIAL RULE.—Grant funds under this part may be used 

for activities described in paragraphs (2) and (3) of subsection (a) 

only if the activities are directly related to improving student academic achievement øbased on the State’s challenging academic content standards and student academic achievement standards or directly related to improving student reading skills or knowledge of 

mathematics, science, history, geography, English, foreign languages, art, or music, or to improving vocational, technological, and 

professional skills¿and making sufficient academic growth. 

* * * * * * * 

SEC. 5309. LIMITATIONS. 

(a) DURATION OF AWARDS.—A grant under this part shall be 

awarded for øa period that shall not exceed 3 fiscal years¿an initial 

period of not more than 3 fiscal years, and may be renewed for not 

more than an additional 2 years if the Secretary finds that the 

grantee is achieving the intended outcomes of the grant and shows 

improvement in increasing student academic achievement and reducing minority-group isolation, and other indicators of success established by the Secretary. 

(b) LIMITATION ON PLANNING FUNDS.—A local educational 

agency, or consortium of such agencies, may expend for planning 

(professional development shall not be considered to be planning 

for purposes of this subsection) not more than ø50¿40 percent of 

the grant funds received under this part for the first year of the 

program and not more than ø15¿10 percent of such funds for each 

of the second and third such years. 

* * * * * * * 

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øSEC. 5310. ø20 U.S.C. 7231i¿ EVALUATIONS. 

ø(a) RESERVATION.—The Secretary may reserve not more than 

2 percent of the funds appropriated under section 5311(a) for any 

fiscal year to carry out evaluations, provide technical assistance, 

and carry out dissemination projects with respect to magnet school 

programs assisted under this part. 

ø(b) CONTENTS.—Each evaluation described in subsection (a), 

at a minimum, shall address— 

ø(1) how and the extent to which magnet school programs 

lead to educational quality and improvement; 

ø(2) the extent to which magnet school programs enhance 

student access to a high quality education; 

ø(3) the extent to which magnet school programs lead to 

the elimination, reduction, or prevention of minority group isolation in elementary schools and secondary schools with substantial proportions of minority students; and 

ø(4) the extent to which magnet school programs differ 

from other school programs in terms of the organizational 

characteristics and resource allocations of such magnet school 

programs. 

ø(c) DISSEMINATION.—The Secretary shall collect and disseminate to the general public information on successful magnet school 

programs.¿ 

SEC. 5310. EVALUATIONS. 

(a) IMPACT OF ACTIVITIES.—From the amount reserved for evaluation activities in accordance with section 9601(a), the Secretary, 

acting through the Director of the Institute of Education Sciences, 

shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities 

supported under this part, consistent with section 9601, including— 

(1) how, and the extent to which, magnet school programs 

lead to educational quality and improvement; 

(2) the extent to which magnet school programs enhance 

student access to a high quality education; 

(3) the extent to which magnet school programs lead to the 

elimination, reduction, or prevention of minority group isolation 

in elementary schools and secondary schools with substantial 

proportions of minority students; and 

(4) the extent to which magnet school programs differ from 

other school programs in terms of the organizational characteristics and resource allocations of such magnet school programs. 

(b) DISSEMINATION.—The Secretary shall collect and disseminate to the general public information on successful magnet school 

programs. 

* * * * * * * 

øSEC. 5311. ø20 U.S.C. 7231j¿ AUTHORIZATION OF APPROPRIATIONS; 

RESERVATION. 

ø(a) AUTHORIZATION.—For the purpose of carrying out this part, there are authorized to be appropriated $125,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 

5 succeeding fiscal years. 

ø(b) AVAILABILITY OF FUNDS FOR GRANTS TO AGENCIES NOT

PREVIOUSLY ASSISTED.—In any fiscal year for which the amount 

appropriated pursuant to subsection (a) exceeds $75,000,000, the 

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753 

Secretary shall give priority in using such amounts in excess of 

$75,000,000 to awarding grants to local educational agencies or 

consortia of such agencies that did not receive a grant under this 

part in the preceding fiscal year.¿ 

SEC. 5311. AVAILABILITY OF FUNDS FOR GRANTS TO AGENCIES NOT 

PREVIOUSLY ASSISTED. 

For any fiscal year for which the amount appropriated pursuant to section 3(v) exceeds $75,000,000, the Secretary shall give priority in using such amounts in excess of $75,000,000 to awarding 

grants to local educational agencies or consortia of such agencies 

that did not receive a grant under this part for the preceding fiscal 

year. 

* * * * * * * 

øPART D—FUND FOR THE IMPROVEMENT OF 

EDUCATION¿ 

øSEC. 5401. ø20 U.S.C. 7241¿ AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated to carry out this part 

the following amounts: 

ø(1) $550,000,000 for fiscal year 2002. 

ø(2) $575,000,000 for fiscal year 2003. 

ø(3) $600,000,000 for fiscal year 2004. 

ø(4) $625,000,000 for fiscal year 2005. 

ø(5) $650,000,000 for fiscal year 2006. 

ø(6) $675,000,000 for fiscal year 2007.¿ 

øSubpart 1—Fund for the Improvement of 

Education¿ 

øSEC. 5411. ø20 U.S.C. 7243¿ PROGRAMS AUTHORIZED. 

ø(a) AUTHORIZATION.—The Secretary is authorized to support 

nationally significant programs to improve the quality of elementary and secondary education at the State and local levels and help 

all children meet challenging State academic content and student 

academic achievement standards. The Secretary may carry out 

such programs directly, or through grants to, or contracts with— 

ø(1) States or local educational agencies; 

ø(2) institutions of higher education; and 

ø(3) other public and private agencies, organizations, and 

institutions. 

ø(b) USES OF FUNDS.—Funds made available under section 

5401 to carry out this subpart may be used for any of the following 

programs: 

ø(1) Activities to promote systemic education reform at the 

State and local levels, including scientifically based research, 

development, and evaluation designed to improve— 

ø(A) student academic achievement at the State and 

local level; and 

ø(B) strategies for effective parent and community involvement. 

ø(2) Programs at the State and local levels that are designed to yield significant results, including programs to exmstockstill on DSK4VPTVN1PROD with HEARINGS

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plore approaches to public school choice and school-based decisionmaking. 

ø(3) Recognition programs, which may include financial 

awards to States, local educational agencies, and schools that 

have made the greatest progress, based on the Secretary’s determination or on a nomination by the State in which the 

school is located (or in the case of a Bureau funded school, by 

the Secretary of the Interior) in— 

ø(A) improving the academic achievement of economically disadvantaged students and students from major racial and ethnic minority groups; and 

ø(B) closing the academic achievement gap for those 

groups of students farthest away from the proficient level 

on the academic assessments administered by the State 

under section 1111. 

ø(4) Scientifically based studies and evaluations of education reform strategies and innovations, and the dissemination of information on the effectiveness of such strategies and 

innovations. 

ø(5) Identification and recognition of exemplary schools 

and programs, such as Blue Ribbon Schools, including programs to evaluate the effectiveness of using the best practices 

of exemplary or Blue Ribbon Schools to improve academic 

achievement. 

ø(6) Activities to support Scholar-Athlete Games programs, 

including the World Scholar-Athlete Games and the U.S. 

Scholar-Athlete Games. 

ø(7) Programs to promote voter participation in American 

elections through programs, such as the National Student/Parent Mock Election and Kids Voting USA. 

ø(8) Demonstrations relating to the planning and evaluation of the effectiveness of programs under which local educational agencies or schools contract with private management 

organizations to reform a school or schools. 

ø(9) Other programs that meet the purposes of this Act. 

ø(c) BASIS OF AWARDS.—The Secretary is authorized to— 

ø(1) make awards under this subpart on the basis of competitions announced by the Secretary; and 

ø(2) support meritorious unsolicited proposals for awards 

under this subpart. 

ø(d) EFFECTIVENESS OF PROGRAMS.—The Secretary shall ensure that programs supported under this subpart are designed so 

that their effectiveness is readily ascertainable, and shall ensure 

that such effectiveness is assessed using rigorous, scientifically 

based research and evaluations.¿ 

øSEC. 5412. ø20 U.S.C. 7243a¿ APPLICATIONS. 

ø(a) SUBMISSION.—To be eligible for an award under this subpart, an entity shall submit an application to the Secretary, at such 

time, in such manner, and containing such information as the Secretary may require. 

ø(b) CONTENTS.—Each application submitted under subsection 

(a) shall— 

ø(1) establish clear objectives, which are based on scientifically based research, for the proposed program; and 

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ø(2) describe the activities the applicant will carry out in 

order to meet the objectives described in paragraph (1). 

ø(c) PEER REVIEW.—The Secretary shall use a peer review 

process in reviewing applications for awards under this subpart 

and in recognizing States, local educational agencies, and schools 

under section 5411(b)(3), only if funds are used for such recognition 

programs. The Secretary may use funds appropriated under this 

subpart for the cost of such peer review.¿ 

øSEC. 5413. ø20 U.S.C. 7243b¿ PROGRAM REQUIREMENTS. 

ø(a) EVALUATIONS.—A recipient of an award under this subpart 

shall— 

ø(1) evaluate the effectiveness of the program funded 

under the award in achieving the objectives stated in applications submitted under section 5412; and 

ø(2) report to the Secretary such information as may be required to determine the effectiveness of such program, including evidence of progress toward meeting such objectives. 

ø(b) DISSEMINATION OF EVALUATION RESULTS.—The Secretary 

shall provide for the dissemination of the evaluations of programs 

funded under this subpart by making the evaluations publicly 

available upon request, and shall provide public notice that the 

evaluations are so available. 

ø(c) MATCHING FUNDS.—The Secretary may require recipients 

of awards under this subpart to provide matching funds from nonFederal sources, and shall permit the recipients to match funds in 

whole or in part with in-kind contributions. 

ø(d) SPECIAL RULE FOR RECOGNITION PROGRAMS.—The application requirements of section 5412(b), and the evaluation requirements of subsections (a) and (b) of this section, do not apply to recognition programs under section 5411(b)(3).¿ 

øSEC. 5414. ø20 U.S.C. 7243c¿ STUDIES OF NATIONAL SIGNIFICANCE. 

ø(a) STUDIES.—The Secretary shall conduct the following studies of national significance: 

ø(1) UNHEALTHY PUBLIC SCHOOL BUILDINGS.—A study regarding the health and learning impacts of environmentally 

unhealthy public school buildings on students and teachers. 

The study shall include the following information: 

ø(A) The characteristics of those public elementary 

school and secondary school buildings that contribute to 

unhealthy school environments. 

ø(B) The health and learning impacts of environmental unhealthy public school buildings on students that 

are attending or that have attended such schools. 

ø(C) Recommendations to Congress on how to assist 

schools that are out of compliance with Federal or State 

health and safety codes, and a cost estimate of bringing up 

environmentally unhealthy public school buildings to minimum Federal health and safety building standards. 

ø(2) EXPOSURE TO VIOLENT ENTERTAINMENT.—A study regarding how exposure to violent entertainment (such as in 

movies, music, television, Internet content, video games, and 

arcade games) affects children’s cognitive development and 

educational achievement. 

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ø(3) SEXUAL ABUSE IN SCHOOLS.—A study regarding the 

prevalence of sexual abuse in schools, including recommendations and legislative remedies for addressing the problem of 

sexual abuse in schools. 

ø(b) COMPLETION DATE.—The studies under subsection (a) 

shall be completed not later than 18 months after the date of enactment of the No Child Left Behind Act of 2001. 

ø(c) PUBLIC DISSEMINATION.—The Secretary shall make the 

study conducted under subsection (a)(1) available to the public 

through the Educational Resources Information Center National 

Clearinghouse for Educational Facilities of the Department.¿ 

øSubpart 2—Elementary and Secondary School 

Counseling Programs¿ 

øSEC. 5421. ø20 U.S.C. 7245¿ ELEMENTARY AND SECONDARY SCHOOL 

COUNSELING PROGRAMS. 

ø(a) GRANTS AUTHORIZED.— ø(1) IN GENERAL.—The Secretary is authorized to award 

grants to local educational agencies to enable such agencies to 

establish or expand elementary school and secondary school 

counseling programs that comply with the requirements of subsection (c)(2). 

ø(2) SPECIAL CONSIDERATION.—In awarding grants under 

this section, the Secretary shall give special consideration to 

applications describing programs that— 

ø(A) demonstrate the greatest need for new or additional counseling services among children in the schools 

served by the local educational agency, in part by providing information on current ratios of students to school 

counselors, students to school social workers, and students 

to school psychologists; 

ø(B) propose the most promising and innovative approaches for initiating or expanding school counseling; and 

ø(C) show the greatest potential for replication and 

dissemination. 

ø(3) EQUITABLE DISTRIBUTION.—In awarding grants under 

this section, the Secretary shall ensure an equitable geographic 

distribution among the regions of the United States and among 

local educational agencies located in urban, rural, and suburban areas. 

ø(4) DURATION.—A grant under this section shall be 

awarded for a period not to exceed 3 years. 

ø(5) MAXIMUM GRANT.—A grant awarded under this section shall not exceed $400,000 for any fiscal year. 

ø(6) SUPPLEMENT, NOT SUPPLANT.—Funds made available 

under this section shall be used to supplement, and not supplant, other Federal, State, or local funds used for providing 

school-based counseling and mental health services to students. 

ø(b) APPLICATIONS.— 

ø(1) IN GENERAL.—Each local educational agency desiring 

a grant under this section shall submit an application to the 

Secretary at such time, in such manner, and accompanied by 

such information as the Secretary may reasonably require. 

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ø(2) CONTENTS.—Each application for a grant under this 

section shall— 

ø(A) describe the school population to be targeted by 

the program, the particular counseling needs of such population, and the current school counseling resources available for meeting such needs; 

ø(B) describe the activities, services, and training to be 

provided by the program and the specific approaches to be 

used to meet the needs described in subparagraph (A); 

ø(C) describe the methods to be used to evaluate the 

outcomes and effectiveness of the program; 

ø(D) describe how the local educational agency will involve community groups, social service agencies, and other 

public and private entities in collaborative efforts to enhance the program and promote school-linked services integration; 

ø(E) document that the local educational agency has 

the personnel qualified to develop, implement, and administer the program; 

ø(F) describe how diverse cultural populations, if applicable, will be served through the program; 

ø(G) assure that the funds made available under this 

subpart for any fiscal year will be used to supplement, and 

not supplant, any other Federal, State, or local funds used 

for providing school-based counseling and mental health 

services to students; and 

ø(H) assure that the applicant will appoint an advisory board composed of interested parties, including parents, teachers, school administrators, counseling services 

providers described in subsection (c)(2)(D), and community 

leaders, to advise the local educational agency on the design and implementation of the program. 

ø(c) USE OF FUNDS.— ø(1) IN GENERAL.—The Secretary is authorized to award 

grants to local educational agencies to enable the local educational agencies to initiate or expand elementary school or 

secondary school counseling programs that comply with the requirements of paragraph (2). 

ø(2) REQUIREMENTS.—Each program funded under this 

section shall— 

ø(A) be comprehensive in addressing the counseling 

and educational needs of all students; 

ø(B) use a developmental, preventive approach to 

counseling; 

ø(C) increase the range, availability, quantity, and 

quality of counseling services in the elementary schools 

and secondary schools of the local educational agency; 

ø(D) expand counseling services through qualified 

school counselors, school social workers, school psychologists, other qualified psychologists, or child and adolescent 

psychiatrists; 

ø(E) use innovative approaches to increase children’s 

understanding of peer and family relationships, work and 

self, decisionmaking, or academic and career planning, or 

to improve peer interaction; 

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ø(F) provide counseling services in settings that meet 

the range of student needs; 

ø(G) include in-service training appropriate to the activities funded under this Act for teachers, instructional 

staff, and appropriate school personnel, including in-service training in appropriate identification and early intervention techniques by school counselors, school social 

workers, school psychologists, other qualified psychologists, 

and child and adolescent psychiatrists; 

ø(H) involve parents of participating students in the 

design, implementation, and evaluation of the counseling 

program; 

ø(I) involve community groups, social service agencies, 

or other public or private entities in collaborative efforts to 

enhance the program and promote school-linked integration of services; 

ø(J) evaluate annually the effectiveness and outcomes 

of the counseling services and activities assisted under this 

section; 

ø(K) ensure a team approach to school counseling in 

the schools served by the local educational agency by working toward ratios recommended by the American School 

Health Association of one school counselor to 250 students, 

one school social worker to 800 students, and one school 

psychologist to 1,000 students; and 

ø(L) ensure that school counselors, school psychologists, other qualified psychologists, school social workers, 

or child and adolescent psychiatrists paid from funds made 

available under this section spend a majority of their time 

counseling students or in other activities directly related to 

the counseling process. 

ø(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than 4 

percent of the amounts made available under this section for any 

fiscal year may be used for administrative costs to carry out this 

section. 

ø(e) DEFINITIONS.—For the purpose of this section— 

ø(1) the term ‘‘child and adolescent psychiatrist’’ means an 

individual who— 

ø(A) possesses State medical licensure; and 

ø(B) has completed residency training programs in 

both general psychiatry and child and adolescent psychiatry; 

ø(2) the term ‘‘other qualified psychologist’’ means an individual who has demonstrated competence in counseling children in a school setting and who— 

ø(A) is licensed in psychology by the State in which 

the individual works; and 

ø(B) practices in the scope of the individual’s education, training, and experience with children in school settings; 

ø(3) the term ‘‘school counselor’’ means an individual who 

has documented competence in counseling children and adolescents in a school setting and who— 

ø(A) is licensed by the State or certified by an independent professional regulatory authority; 

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ø(B) in the absence of such State licensure or certification, possesses national certification in school counseling 

or a specialty of counseling granted by an independent professional organization; or 

ø(C) holds a minimum of a master’s degree in school 

counseling from a program accredited by the Council for 

Accreditation of Counseling and Related Educational Programs or the equivalent; 

ø(4) the term ‘‘school psychologist’’ means an individual 

who— 

ø(A) has completed a minimum of 60 graduate semester hours in school psychology from an institution of higher 

education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours are 

in the school setting; 

ø(B) is licensed or certified in school psychology by the 

State in which the individual works; or 

ø(C) in the absence of such State licensure or certification, possesses national certification by the National 

School Psychology Certification Board; and 

ø(5) the term ‘‘school social worker’’ means an individual 

who— 

ø(A) holds a master’s degree in social work from a program accredited by the Council on Social Work Education; 

and 

ø(B)(i) is licensed or certified by the State in which 

services are provided; or 

ø(ii) in the absence of such State licensure or certification, possesses a national credential or certification as a 

school social work specialist granted by an independent 

professional organization. 

ø(f) REPORT.—Not later than 2 years after assistance is made 

available to local educational agencies under subsection (c), the 

Secretary shall make publicly available a report— 

ø(1) evaluating the programs assisted pursuant to each 

grant under this subpart; and 

ø(2) outlining the information from local educational agencies regarding the ratios of students to— 

ø(A) school counselors; 

ø(B) school social workers; and 

ø(C) school psychologists. 

ø(g) SPECIAL RULE.— 

ø(1) AMOUNT EQUALS OR EXCEEDS $40,000,000.—If the 

amount of funds made available by the Secretary for this subpart equals or exceeds $40,000,000, the Secretary shall award 

not less than $40,000,000 in grants to local educational agencies to enable the agencies to establish or expand counseling 

programs in elementary schools. 

ø(2) AMOUNT LESS THAN $40,000,000.—If the amount of 

funds made available by the Secretary for this subpart is less 

than $40,000,000, the Secretary shall award grants to local 

educational agencies only to establish or expand counseling 

programs in elementary schools. ¿ 

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øSubpart 3—Partnerships in Character 

Education¿ 

øSEC. 5431. ø20 U.S.C. 7247¿ PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM. 

ø(a) PROGRAM AUTHORIZED.— ø(1) IN GENERAL.—The Secretary is authorized to award 

grants to eligible entities for the design and implementation of 

character education programs that— 

ø(A) are able to be integrated into classroom instruction and to be consistent with State academic content 

standards; and 

ø(B) are able to be carried out in conjunction with 

other educational reform efforts. 

ø(2) ELIGIBLE ENTITY.—In this section, the term ‘‘eligible 

entity’’ means— 

ø(A) a State educational agency in partnership with— 

ø(i) one or more local educational agencies; or 

ø(ii) one or more— 

ø(I) local educational agencies; and 

ø(II) nonprofit organizations or entities, including an institution of higher education; 

ø(B) a local educational agency or consortium of local 

educational agencies; or 

ø(C) a local educational agency in partnership with 

one or more nonprofit organizations or entities, including 

an institution of higher education. 

ø(3) DURATION.—Each grant under this section shall be 

awarded for a period not to exceed 5 years, of which the eligible entity may not use more than 1 year for planning and program design. 

ø(4) AMOUNT OF GRANTS FOR STATE EDUCATIONAL AGEN- CIES.—Subject to the availability of appropriations, the amount 

of a grant made by the Secretary to a State educational agency 

under this section shall not be less than $500,000 if the State 

educational agency— 

ø(A) is in a partnership described in paragraph (2)(A); 

and 

ø(B) meets such requirements as the Secretary may 

establish under this section. 

ø(b) CONTRACTS UNDER PROGRAM.— 

ø(1) EVALUATION.—Each eligible entity awarded a grant 

under this section may contract with outside sources, including 

institutions of higher education and private and nonprofit organizations, for the purposes of— 

ø(A) evaluating the program for which the assistance 

is made available; 

ø(B) measuring the integration of such program into 

the curriculum and teaching methods of schools where the 

program is carried out; and 

ø(C) measuring the success of such program in fostering the elements of character selected by the recipient 

under subsection (c). 

ø(2) MATERIALS AND PROGRAM DEVELOPMENT.—Each eligible entity awarded a grant under this section may contract 

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with outside sources, including institutions of higher education 

and private and nonprofit organizations, for assistance in— 

ø(A) developing secular curricula, materials, teacher 

training, and other activities related to character education; and 

ø(B) integrating secular character education into the 

curricula and teaching methods of schools where the program is carried out. 

ø(c) ELEMENTS OF CHARACTER.— ø(1) SELECTION.— ø(A) IN GENERAL.—Each eligible entity awarded a 

grant under this section may select the elements of character that will be taught under the program for which the 

grant was awarded. 

ø(B) CONSIDERATION OF VIEWS.—In selecting elements 

of character under subparagraph (A), the eligible entity 

shall consider the views of the parents of the students to 

be taught under the program and the views of the students. 

ø(2) EXAMPLE ELEMENTS.—Elements of character selected 

under this subsection may include any of the following: 

ø(A) Caring. 

ø(B) Civic virtue and citizenship. 

ø(C) Justice and fairness. 

ø(D) Respect. 

ø(E) Responsibility. 

ø(F) Trustworthiness. 

ø(G) Giving. 

ø(H) Any other elements deemed appropriate by the 

eligible entity. 

ø(d) USE OF FUNDS BY STATE EDUCATIONAL AGENCY RECIPIENTS.—Of the total funds received in any fiscal year under this section by an eligible entity that is a State educational agency— 

ø(1) not more than 3 percent of such funds may be used 

for administrative purposes; and 

ø(2) the remainder of such funds may be used for— 

ø(A) collaborative initiatives with and between local 

educational agencies and schools; 

ø(B) the preparation or purchase of materials, and 

teacher training; 

ø(C) providing assistance to local educational agencies, 

schools, or institutions of higher education; and 

ø(D) technical assistance and evaluation. 

ø(e) APPLICATION.— 

ø(1) IN GENERAL.—Each eligible entity desiring a grant 

under this section shall submit an application to the Secretary 

at such time and in such manner as the Secretary may require. 

ø(2) REQUIRED INFORMATION.—Each application for a grant 

under this section shall include (together with any other information that the Secretary may require) information that— 

ø(A) demonstrates that the program for which the 

grant is sought has clear objectives that are based on scientifically based research; 

ø(B) describes any partnerships or collaborative efforts 

among the organizations and entities of the eligible entity; 

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ø(C) describes the activities that will be carried out 

with the grant funds and how such activities will meet the 

objectives described in subparagraph (A), including— 

ø(i) how parents, students, students with disabilities (including those with mental or physical disabilities), and other members of the community, including 

members of private and nonprofit organizations, will 

be involved in the design and implementation of the 

program and how the eligible entity will work with the 

larger community to increase the reach and promise of 

the program; 

ø(ii) curriculum and instructional practices that 

will be used or developed; and 

ø(iii) methods of teacher training and parent education that will be used or developed; 

ø(D) describes how the program for which the grant is 

sought will be linked to other efforts to improve academic 

achievement, including— 

ø(i) broader educational reforms that are being instituted by the eligible entity or its partners; and 

ø(ii) State academic content standards; 

ø(E) in the case of an eligible entity that is a State 

educational agency, describes how the State educational 

agency— 

ø(i) will provide technical and professional assistance to its local educational agency partners in the development and implementation of character education 

programs; and 

ø(ii) will assist other interested local educational 

agencies that are not members of the original partnership in designing and establishing character education 

programs; 

ø(F) describes how the eligible entity will evaluate the 

success of its program— 

ø(i) based on the objectives described in subparagraph (A); and 

ø(ii) in cooperation with any national evaluation 

conducted pursuant to subsection (h)(2)(B)(iii); and 

ø(G) assures that the eligible entity annually will provide to the Secretary such information as may be required 

to determine the effectiveness of the program. 

ø(f) SELECTION OF RECIPIENTS.— 

ø(1) PEER REVIEW.— 

ø(A) IN GENERAL.—In selecting eligible entities to receive grants under this section from among the applicants 

for such grants, the Secretary shall use a peer review process that includes the participation of experts in the field 

of character education and development. 

ø(B) USE OF FUNDS.—The Secretary may use funds appropriated under this section for the cost of carrying out 

peer reviews under this paragraph. 

ø(2) SELECTION CRITERIA.—Each selection under paragraph 

(1) shall be made on the basis of the quality of the application 

submitted, taking into consideration such factors as— 

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763 

ø(A) the extent to which the program fosters character 

in students and the potential for improved student academic achievement; 

ø(B) the extent and ongoing nature of parental, student, and community involvement; 

ø(C) the quality of the plan for measuring and assessing success; and 

ø(D) the likelihood that the objectives of the program 

will be achieved. 

ø(3) EQUITABLE DISTRIBUTION.—In making selections 

under this subsection, the Secretary shall ensure, to the extent 

practicable under paragraph (2), that the programs assisted 

under this section are equitably distributed among the geographic regions of the United States, and among urban, suburban, and rural areas. 

ø(g) PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.—Each eligible entity that receives a grant under this section 

shall provide, to the extent feasible and appropriate, for the participation in programs and activities under this section of students 

and teachers in private elementary schools and secondary schools. 

ø(h) EVALUATION AND PROGRAM DEVELOPMENT.— 

ø(1) STATE AND LOCAL REPORTING AND EVALUATION.—Each 

eligible entity receiving a grant under this section shall submit 

to the Secretary a comprehensive evaluation of the program assisted under this section, including its impact on students, students with disabilities (including those with mental or physical 

disabilities), teachers, administrators, parents, and others— 

ø(A) by the end of the second year of the program; and 

ø(B) not later than 1 year after completion of the 

grant period. 

ø(2) NATIONAL RESEARCH, DISSEMINATION, AND EVALUATION.— 

ø(A) IN GENERAL.— 

ø(i) AUTHORIZATION.—The Secretary is authorized 

to award grants to, or enter into contracts or cooperative agreements with, State educational agencies or 

local educational agencies, institutions of higher education, tribal organizations, or other public or private 

agencies or organizations to carry out research, development, dissemination, technical assistance, and evaluation activities that support or inform State and local 

character education programs. 

ø(ii) RESERVATION OF FUNDS.—The Secretary shall 

reserve not more than 5 percent of the funds made 

available under this section to carry out this paragraph. 

ø(B) USES.—Funds made available under subparagraph (A) may be used for the following: 

ø(i) Conducting research and development activities that focus on matters such as— 

ø(I) the extent to which schools are undertaking character education initiatives; 

ø(II) the effectiveness of instructional models 

for all students, including students with disabilmstockstill on DSK4VPTVN1PROD with HEARINGS

764 

ities (including those with mental or physical disabilities); 

(øIII) materials and curricula for use by programs in character education; 

ø(IV) models of professional development in 

character education; 

ø(V) the development of measures of effectiveness for character education programs (which may 

include the factors described in paragraph (3)); 

and 

ø(VI) the effectiveness of State and local programs receiving funds under this section. 

ø(ii) Providing technical assistance to State and 

local programs, particularly on matters of program 

evaluation. 

ø(iii) Conducting evaluations of State and local 

programs receiving funding under this section, that 

may be conducted through a national clearinghouse 

under clause (iv). 

ø(iv) Compiling and disseminating, through a national clearinghouse or other means— 

ø(I) information on model character education 

programs; 

ø(II) information about high quality character 

education materials and curricula; 

ø(III) research findings in the area of character education and character development; and 

ø(IV) any other information that will be useful to character education program participants 

nationwide, including educators, parents, and administrators. 

ø(C) PARTNERSHIPS.—In carrying out national activities under this paragraph, the Secretary may enter into 

partnerships with national nonprofit character education 

organizations and institutions of higher education with expertise and successful experience in implementing— 

ø(i) character education programs that had an effective impact on schools, students, students with disabilities (including those with mental or physical disabilities), and teachers; or 

ø(ii) character education program evaluation and 

research. 

ø(D) PARTNERSHIP FOR ACTIVITIES UNDER SUBPARAGRAPH (B)(iv).—In carrying out national activities under 

subparagraph (B)(iv), the Secretary may enter into a partnership with a national nonprofit character education organization that will disseminate information to educators, 

parents, administrators, and others nationwide, including 

information about the range of model character education 

programs, materials, and curricula. 

ø(E) REPORT.—Each entity awarded a grant or entering into a contract or cooperative agreement under this 

paragraph shall submit an annual report to the Secretary 

that— 

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ø(i) describes the entity’s progress in carrying out 

research, development, dissemination, evaluation, and 

technical assistance under this paragraph; 

ø(ii) identifies unmet and future information 

needs in the field of character education; and 

ø(iii) if applicable, describes the progress of the 

entity in carrying out the requirements of subparagraph (B)(iv), including a listing of— 

ø(I) the number of requests for information 

received by the entity in the course of carrying out 

such requirements; 

ø(II) the types of organizations making such 

requests; and 

ø(III) the types of information requested. 

ø(3) FACTORS.—Factors that may be considered in evaluating the success of programs funded under this section include the following: 

ø(A) Discipline issues. 

ø(B) Student academic achievement. 

ø(C) Participation in extracurricular activities. 

ø(D) Parental and community involvement. 

ø(E) Faculty and administration involvement. 

ø(F) Student and staff morale. 

ø(G) Overall improvements in school climate for all 

students, including students with disabilities (including 

those with mental or physical disabilities). 

ø(i) PERMISSIVE MATCH.— 

ø(1) IN GENERAL.—The Secretary may require eligible entities to match funds awarded under this section with non-Federal funds, except that the amount of the match may not exceed the amount of the grant award. 

ø(2) SLIDING SCALE.—The amount of a match under paragraph (1) shall be established based on a sliding scale that 

takes into account— 

ø(A) the poverty of the population to be targeted by 

the eligible entity; and 

ø(B) the ability of the eligible entity to obtain funding 

for the match. 

ø(3) IN-KIND CONTRIBUTIONS.—The Secretary shall permit 

eligible entities to match funds in whole or in part with in-kind 

contributions. 

ø(4) CONSIDERATION.—Notwithstanding this subsection, 

the Secretary in making awards under this section shall not 

consider the ability of an eligible entity to match funds.¿ 

øSubpart 4—Smaller Learning Communities¿ 

øSEC. 5441. ø20 U.S.C. 7249¿ SMALLER LEARNING COMMUNITIES. 

ø(a) GRANT AUTHORITY.—The Secretary is authorized to award 

grants to local educational agencies to enable the agencies to create 

a smaller learning community or communities. 

ø(b) APPLICATION.—Each local educational agency desiring a 

grant under this subpart shall submit an application to the Secretary at such time, in such manner, and accompanied by such inmstockstill on DSK4VPTVN1PROD with HEARINGS

766 

formation as the Secretary may require. The application shall include descriptions of the following: 

ø(1) Strategies and methods the local educational agency 

will use to create the smaller learning community or communities. 

ø(2) Curriculum and instructional practices, including any 

particular themes or emphases, to be used in the smaller 

learning environment. 

ø(3) The extent of involvement of teachers and other school 

personnel in investigating, designing, implementing, and sustaining the smaller learning community or communities. 

ø(4) The process to be used for involving students, parents, 

and other stakeholders in the development and implementation of the smaller learning community or communities. 

ø(5) Any cooperation or collaboration among community 

agencies, organizations, businesses, and others to develop or 

implement a plan to create the smaller learning community or 

communities. 

ø(6) The training and professional development activities 

that will be offered to teachers and others involved in the activities assisted under this subpart. 

ø(7) The objectives of the activities assisted under this subpart, including a description of how such activities will better 

enable all students to reach challenging State academic content standards and State student academic achievement standards. 

ø(8) The methods by which the local educational agency 

will assess progress in meeting the objectives described in 

paragraph (7). 

ø(9) If the smaller learning community or communities 

exist as a school-within-a-school, the relationship, including 

governance and administration, of the smaller learning community to the remainder of the school. 

ø(10) The administrative and managerial relationship between the local educational agency and the smaller learning 

community or communities, including how such agency will 

demonstrate a commitment to the continuity of the smaller 

learning community or communities (including the continuity 

of student and teacher assignment to a particular learning 

community). 

ø(11) How the local educational agency will coordinate or 

use funds provided under this subpart with other funds provided under this Act or other Federal laws. 

ø(12) The grade levels or ages of students who will participate in the smaller learning community or communities. 

ø(13) The method of placing students in the smaller learning community or communities, such that students are not 

placed according to ability or any other measure, but are 

placed at random or by their own choice, and not pursuant to 

testing or other judgments. 

ø(c) AUTHORIZED ACTIVITIES.—Funds under this section may be 

used for one or more of the following: 

ø(1) To study— 

ø(A) the feasibility of creating the smaller learning 

community or communities; and 

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ø(B) effective and innovative organizational and instructional strategies that will be used in the smaller 

learning community or communities. 

ø(2) To research, develop, and implement— 

ø(A) strategies for creating the smaller learning community or communities; and 

ø(B) strategies for effective and innovative changes in 

curriculum and instruction, geared to challenging State 

academic content standards and State student academic 

achievement standards. 

ø(3) To provide professional development for school staff in 

innovative teaching methods that— 

ø(A) challenge and engage students; and 

ø(B) will be used in the smaller learning community or 

communities. 

ø(4) To develop and implement strategies to include parents, business representatives, local institutions of higher education, community-based organizations, and other community 

members in the smaller learning communities as facilitators of 

activities that enable teachers to participate in professional development activities and provide links between students and 

their community.¿ 

øSubpart 5—Reading Is Fundamental— 

Inexpensive Book Distribution Program¿ 

øSEC. 5451. ø20 U.S.C. 7251¿ INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING MOTIVATION. 

ø(a) PURPOSE.—The purpose of this subpart is to establish and 

implement a model partnership between a governmental entity and 

a private entity, to help prepare young children for reading and to 

motivate older children to read, through the distribution of inexpensive books. Local reading motivation programs assisted under 

this section shall use such assistance to provide books, training for 

volunteers, motivational activities, and other essential literacy resources and shall assign the highest priority to serving the youngest and neediest children in the United States. 

ø(b) AUTHORIZATION.—The Secretary is authorized to enter into 

a contract with Reading Is Fundamental (RIF) (hereafter in this 

section referred to as ‘‘the contractor’’) to support and promote programs, which include the distribution of inexpensive books to 

young and school-age children, that motivate children to read. 

ø(c) REQUIREMENTS OF CONTRACT.—Any contract entered into 

under subsection (b) shall contain each of the following: 

ø(1) A provision that the contractor will enter into subcontracts with local private nonprofit groups or organizations, 

or with public agencies, under which each subcontractor will 

agree to establish, operate, and provide the non-Federal share 

of the cost of reading motivation programs that include the distribution of books, by gift (to the extent feasible) or by loan, to 

children from birth through secondary school age, including 

children in family literacy programs. 

ø(2) A provision that funds made available to subcontractors will be used only to pay the Federal share of the cost of 

such programs. 

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ø(3) A provision that, in selecting subcontractors for initial 

funding, the contractor will give priority to programs that will 

serve a substantial number or percentage of children with special needs, such as the following: 

ø(A) Low-income children, particularly in high-poverty 

areas. 

ø(B) Children at risk of school failure. 

ø(C) Children with disabilities. 

ø(D) Foster children. 

ø(E) Homeless children. 

ø(F) Migrant children. 

øchildren without access to libraries. 

ø(H) Institutionalized or incarcerated children. 

ø(I) Children whose parents are institutionalized or incarcerated. 

ø(4) A provision that the contractor will provide such 

training and technical assistance to subcontractors as may be 

necessary to carry out the purpose of this subpart. 

ø(5) A provision that the contractor will annually report to 

the Secretary the number, and a description, of programs funded under paragraph (3). 

ø(6) Such other terms and conditions as the Secretary determines to be appropriate to ensure the effectiveness of such 

programs. 

ø(d) RESTRICTION ON PAYMENTS.—The Secretary shall make no 

payment of the Federal share of the cost of acquiring and distributing books under any contract under this section unless the Secretary determines that the contractor or subcontractor, as the case 

may be, has made arrangements with book publishers or distributors to obtain books at discounts at least as favorable as discounts 

that are customarily given by such publisher or distributor for book 

purchases made under similar circumstances in the absence of Federal assistance. 

ø(e) SPECIAL RULES FOR CERTAIN SUBCONTRACTORS.— 

ø(1) FUNDS FROM OTHER FEDERAL SOURCES.—Subcontractors operating programs under this section in low-income communities with a substantial number or percentage of children 

with special needs, as described in subsection (c)(3), may use 

funds from other Federal sources to pay the non-Federal share 

of the cost of the program, if those funds do not comprise more 

than 50 percent of the non-Federal share of the funds used for 

the cost of acquiring and distributing books. 

ø(2) WAIVER AUTHORITY.—Notwithstanding subsection (c), 

the contractor may waive, in whole or in part, the requirement 

in subsection (c)(1) for a subcontractor, if the subcontractor 

demonstrates that it would otherwise not be able to participate 

in the program, and enters into an agreement with the contractor with respect to the amount of the non-Federal share to 

which the waiver will apply. In a case in which such a waiver 

is granted, the requirement in subsection (c)(2) shall not apply. 

ø(f) MULTI-YEAR CONTRACTS.—The contractor may enter into a 

multi-year subcontract under this section, if— 

ø(1) the contractor believes that such subcontract will provide the subcontractor with additional leverage in seeking local 

commitments; and 

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ø(2) the subcontract does not undermine the finances of 

the national program. 

ø(g) FEDERAL SHARE DEFINED.—In this section, the term ‘‘Federal share’’ means, with respect to the cost to a subcontractor of 

purchasing books to be paid for under this section, 75 percent of 

such costs to the subcontractor, except that the Federal share for 

programs serving children of migrant or seasonal farmworkers 

shall be 100 percent of such costs to the subcontractor.¿ 

øSubpart 6—Gifted and Talented Students¿ 

øSEC. 5461. ø20 U.S.C. 7253¿ SHORT TITLE. 

øThis subpart may be cited as the ‘‘Jacob K. Javits Gifted and 

Talented Students Education Act of 2001’’.¿ 

øSEC. 5462. ø20 U.S.C. 7253a¿ PURPOSE. 

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

øSEC. 5463. ø20 U.S.C. 7253b¿ RULE OF CONSTRUCTION. 

øNothing in this subpart shall be construed to prohibit a recipient of funds under this subpart from serving gifted and talented 

students simultaneously with students with similar educational 

needs, in the same educational settings, where appropriate.¿ 

øSEC. 5464. ø20 U.S.C. 7253c¿ AUTHORIZED PROGRAMS. 

ø(a) ESTABLISHMENT OF PROGRAM.— 

ø(1) IN GENERAL.—The Secretary (after consultation with 

experts in the field of the education of gifted and talented students) is authorized to make grants to, or enter into contracts 

with, State educational agencies, local educational agencies, institutions of higher education, other public agencies, and other 

private agencies and organizations (including Indian tribes and 

Indian organizations (as such terms are defined in section 4 of 

the Indian Self-Determination and Education Assistance Act 

(25 U.S.C. 450b)) and Native Hawaiian organizations) to assist 

such agencies, institutions, and organizations in carrying out 

programs or projects authorized by this subpart that are designed to meet the educational needs of gifted and talented 

students, including the training of personnel in the education 

of gifted and talented students and in the use, where appropriate, of gifted and talented services, materials, and methods 

for all students. 

ø(2) APPLICATION.—Each entity seeking assistance under 

this subpart shall submit an application to the Secretary at 

such time, in such manner, and containing such information as 

the Secretary may reasonably require. Each such application 

shall describe how— 

ø(A) the proposed gifted and talented services, materials, and methods can be adapted, if appropriate, for use 

by all students; and 

ø(B) the proposed programs can be evaluated. 

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ø(b) USE OF FUNDS.—Programs and projects assisted under 

this section may include each of the following: 

ø(1) Conducting— 

ø(A) scientifically based research on methods and techniques for identifying and teaching gifted and talented students and for using gifted and talented programs and 

methods to serve all students; and 

ø(B) program evaluations, surveys, and the collection, 

analysis, and development of information needed to accomplish the purpose of this subpart. 

ø(2) Carrying out professional development (including fellowships) for personnel (including leadership personnel) involved in the education of gifted and talented students. 

ø(3) Establishing and operating model projects and exemplary programs for serving gifted and talented students, including innovative methods for identifying and educating students who may not be served by traditional gifted and talented 

programs (such as summer programs, mentoring programs, 

service learning programs, and cooperative programs involving 

business, industry, and education). 

ø(4) Implementing innovative strategies, such as cooperative learning, peer tutoring, and service learning. 

ø(5) Carrying out programs of technical assistance and information dissemination, including assistance and information 

with respect to how gifted and talented programs and methods, 

where appropriate, may be adapted for use by all students. 

ø(6) Making materials and services available through 

State regional educational service centers, institutions of higher education, or other entities. 

ø(7) Providing funds for challenging, high-level course 

work, disseminated through technologies (including distance 

learning), for individual students or groups of students in 

schools and local educational agencies that would not otherwise have the resources to provide such course work. 

ø(c) SPECIAL RULE.—To the extent that funds appropriated to 

carry out this subpart for a fiscal year beginning with fiscal year 

2002 exceed such funds appropriated for fiscal year 2001, the Secretary shall use such excess funds to award grants, on a competitive basis, to State educational agencies, local educational agencies, 

or both, to implement activities described in subsection (b). 

ø(d) CENTER FOR RESEARCH AND DEVELOPMENT.— 

ø(1) IN GENERAL.—The Secretary (after consultation with 

experts in the field of the education of gifted and talented students) shall establish a National Research Center for the Education of Gifted and Talented Children and Youth through 

grants to, or contracts with, one or more institutions of higher 

education or State educational agencies, or a combination or 

consortium of such institutions and agencies and other public 

or private agencies and organizations, for the purpose of carrying out activities described in subsection (b). 

ø(2) DIRECTOR.—The National Center shall be headed by 

a Director. The Secretary may authorize the Director to carry 

out such functions of the National Center as may be agreed 

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771 

cation, State educational agencies, local educational agencies, 

or other public or private agencies and organizations. 

ø(3) FUNDING.—The Secretary may use not more than 30 

percent of the funds made available under this subpart for fiscal year 2001 to carry out this subsection. 

ø(e) COORDINATION.—Scientifically based research activities 

supported under this subpart— 

ø(1) shall be carried out in consultation with the Institute 

of Education Sciences to ensure that such activities are coordinated with and enhance the research and development activities supported by such Institute; and 

ø(2) may include collaborative scientifically based research 

activities which are jointly funded and carried out with such 

Institute.¿ 

øSEC. 5465. ø20 U.S.C. 7253d¿ PROGRAM PRIORITIES. 

ø(a) GENERAL PRIORITY.—In carrying out this subpart, the Secretary shall give highest priority to programs and projects designed 

to develop new information that— 

ø(1) improves the capability of schools to plan, conduct, 

and improve programs to identify and serve gifted and talented 

students; and 

ø(2) assists schools in the identification of, and provision 

of services to, gifted and talented students (including economically disadvantaged individuals, individuals with limited 

English proficiency, and individuals with disabilities) who may 

not be identified and served through traditional assessment 

methods. 

ø(b) SERVICE PRIORITY.—The Secretary shall ensure that not 

less than 50 percent of the applications approved under section 

5464(a)(2) in a fiscal year address the priority described in subsection (a)(2).¿ 

øSEC. 5466. ø20 U.S.C. 7253e¿ GENERAL PROVISIONS. 

ø(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND TEACH- ERS.—In making grants and entering into contracts under this subpart, the Secretary shall ensure, where appropriate, that provision 

is made for the equitable participation of students and teachers in 

private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving such students. 

ø(b) REVIEW, DISSEMINATION, AND EVALUATION.—The Secretary shall— 

ø(1) use a peer review process in reviewing applications 

under this subpart; 

ø(2) ensure that information on the activities and results 

of programs and projects funded under this subpart is disseminated to appropriate State educational agencies, local educational agencies, and other appropriate organizations, including nonprofit private organizations; and 

ø(3) evaluate the effectiveness of programs under this subpart in accordance with section 9601, in terms of the impact 

on students traditionally served in separate gifted and talented 

programs and on other students, and submit the results of 

such evaluation to Congress not later than 2 years after the 

date of enactment of the No Child Left Behind Act of 2001. 

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ø(c) PROGRAM OPERATIONS.—The Secretary shall ensure that 

the programs under this subpart are administered within the Department by a person who has recognized professional qualifications and experience in the field of the education of gifted and talented students and who shall— 

ø(1) administer and coordinate the programs authorized 

under this subpart; 

ø(2) serve as a focal point of national leadership and information on the educational needs of gifted and talented students and the availability of educational services and programs 

designed to meet such needs; 

ø(3) assist the Assistant Secretary for Educational Research and Improvement in identifying research priorities that 

reflect the needs of gifted and talented students; and 

ø(4) shall disseminate, and consult on, the information developed under this subpart with other offices within the Department.¿ 

øSubpart 7—Star Schools Program¿ 

øSEC. 5471. ø20 U.S.C. 7255¿ SHORT TITLE. 

øThis subpart may be cited as the ‘‘Star Schools Act’’.¿ 

øSEC. 5472. ø20 U.S.C. 7255a¿ PURPOSES. 

øThe purposes of this subpart are the following: 

ø(1) To encourage improved instruction in mathematics, 

science, and foreign languages as well as other subjects (such 

as literacy skills and vocational education). 

ø(2) To serve underserved populations, including disadvantaged, illiterate, limited English proficient populations, and individuals with disabilities through a Star Schools program 

under which grants are made to eligible telecommunication 

partnerships to enable such partnerships— 

ø(A) to develop, construct, acquire, maintain, and operate telecommunications audio and visual facilities and 

equipment; 

ø(B) to develop and acquire educational and instructional programming; and 

ø(C) to obtain technical assistance for the use of such 

facilities and instructional programming.¿ 

øSEC. 5473. ø20 U.S.C. 7255b¿ GRANT PROGRAM AUTHORIZED. 

ø(a) AUTHORIZATION.—The Secretary, in conjunction with the 

Office of Educational Technology, is authorized to make grants, in 

accordance with the provisions of this subpart, to eligible entities 

to pay the Federal share of the cost of the following: 

ø(1) Development, construction, acquisition, maintenance, 

and operation of telecommunications facilities and equipment. 

ø(2) Development and acquisition of live, interactive instructional programming. 

ø(3) Development and acquisition of preservice and inservice teacher training programs based on established research regarding teacher-to-teacher mentoring, and ongoing, in-class instruction. 

ø(4) Establishment of teleconferencing facilities and resources for making interactive training available to teachers. 

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ø(5) Obtaining technical assistance. 

ø(6) Coordination of the design and connectivity of telecommunications networks to reach the greatest number of 

schools. 

ø(b) DURATION AND AMOUNT.— ø(1) IN GENERAL.—A grant under this section may not exceed— 

ø(A) 5 years in duration (subject to subsection (c)); and 

ø(B) $10,000,000 in any single fiscal year. 

ø(c) RENEWAL.— ø(1) IN GENERAL.—Grants awarded under subsection (a) 

may be renewed for a single additional period of 3 years. 

ø(2) CONTINUING ELIGIBILITY.—In order to be eligible to receive a grant renewal under this subsection, a grant recipient 

shall demonstrate, to the satisfaction of the Secretary, in an 

addendum to its application submitted under section 5474, 

that the grant recipient will— 

ø(A) continue to provide services in the subject areas 

and geographic areas assisted with funds received under 

this subpart for the previous grant period; and 

ø(B) use all grant funds received under this subpart 

for the 3 year renewal period to provide expanded services 

by— 

ø(i) increasing the number of students, schools, or 

school districts served by the courses of instruction assisted under this part in the previous fiscal year; 

ø(ii) providing new courses of instruction; and 

ø(iii) serving new populations of underserved individuals, such as children or adults who are disadvantaged, have limited English proficiency, are individuals with disabilities, are illiterate, or lack secondary 

school diplomas or their recognized equivalent. 

ø(3) SUPPLEMENT, NOT SUPPLANT.—Grant funds received 

under this subsection shall be used to supplement, and not 

supplant, services provided by the grant recipient under this 

subpart in the previous fiscal year. 

ø(d) RESERVATIONS.— ø(1) INSTRUCTIONAL PROGRAMMING.—At least 25 percent of 

the funds made available to the Secretary for any fiscal year 

under this subpart shall be used for the cost of instructional 

programming. 

ø(2) LOCAL EDUCATIONAL AGENCY ASSISTANCE.—At least 50 

percent of the funds available in any fiscal year under this subpart shall be used for the cost of facilities, equipment, teacher 

training or retraining, technical assistance, or programming, 

for local educational agencies that are eligible to receive assistance under part A of title I. 

ø(e) FEDERAL SHARE.— 

ø(1) AMOUNT.—The Federal share of the cost of projects 

funded under this section shall not exceed the following 

amounts: 

ø(A) 75 percent for the first and second years for 

which an eligible telecommunications partnership receives 

a grant under this subpart. 

ø(B) 60 percent for the third and fourth such years. 

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ø(C) 50 percent for the fifth such year. 

ø(2) REDUCTION OR WAIVER.—The Secretary may reduce or 

waive the corresponding non-Federal share under paragraph 

(1) upon a showing of financial hardship. 

ø(f) REQUIRED LOCAL EDUCATIONAL AGENCY PARTICIPATION.— The Secretary is authorized to make a grant under this section to 

any eligible entity, if at least one local educational agency is participating in the proposed program. 

ø(g) ASSISTANCE OBTAINING SATELLITE TIME.—The Secretary 

may assist recipients of grants made under this section in acquiring satellite time, where appropriate, as economically as possible.¿ 

øSEC. 5474. ø20 U.S.C. 7255c¿ APPLICATIONS. 

ø(a) SUBMISSION.—Each eligible entity that desires to receive 

a grant under section 5473 shall submit an application to the Secretary, at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. 

ø(b) CONTENTS.—An application submitted under subsection 

(a) shall include each of the following: 

ø(1) A description of how the proposed program will assist 

all students to have an opportunity to meet challenging State 

academic achievement standards, how such program will assist 

State and local educational reform efforts, and how such program will contribute to creating a high-quality system of educational development. 

ø(2) A description of the telecommunications facilities and 

equipment and technical assistance for which assistance is 

sought, which may include— 

ø(A) the design, development, construction, acquisition, maintenance, and operation of State or multistate 

educational telecommunications networks and technology 

resource centers; 

ø(B) microwave, fiber optics, cable, and satellite transmission equipment or any combination thereof; 

ø(C) reception facilities; 

ø(D) satellite time; 

ø(E) production facilities; 

ø(F) other telecommunications equipment capable of 

serving a wide geographic area; 

ø(G) the provision of training services to instructors 

who will be using the facilities and equipment for which 

assistance is sought, including training in using such facilities and equipment and training in integrating programs into the classroom curriculum; and 

ø(H) the development of educational and related programming for use on a telecommunications network. 

ø(3) In the case of an application for assistance for instructional programming, a description of the types of programming 

that will be developed to enhance instruction and training and 

provide an assurance that such programming will be designed 

in consultation with professionals (including classroom teachers) who are experts in the applicable subject matter and grade 

level. 

ø(4) A description of how the eligible entity has engaged 

in sufficient survey and analysis of the area to be served to enmstockstill on DSK4VPTVN1PROD with HEARINGS

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sure that the services offered by the eligible entity will increase the availability of courses of instruction in English, 

mathematics, science, foreign languages, arts, history, geography, or other disciplines. 

ø(5) A description of the professional development policies 

for teachers and other school personnel to be implemented to 

ensure the effective use of the telecommunications facilities 

and equipment for which assistance is sought. 

ø(6) A description of the manner in which historically underserved students (such as students from low-income families, 

limited English proficient students, students with disabilities, 

or students who have low literacy skills) and their families, 

will participate in the benefits of the telecommunications facilities, equipment, technical assistance, and programming assisted under this subpart. 

ø(7) A description of how existing telecommunications 

equipment, facilities, and services, where available, will be 

used. 

ø(8) An assurance that the financial interest of the United 

States in the telecommunications facilities and equipment will 

be protected for the useful life of such facilities and equipment. 

ø(9) An assurance that a significant portion of any facilities and equipment, technical assistance, and programming for 

which assistance is sought for elementary schools and secondary schools will be made available to schools or local educational agencies that have a high number or percentage of 

children eligible to be counted under part A of title I. 

ø(10) An assurance that the applicant will use the funds 

provided under this subpart to supplement, and not supplant, 

funds available for the purposes of this subpart. 

ø(11) A description of how funds received under this subpart will be coordinated with funds received for educational 

technology in the classroom. 

ø(12) A description of the activities or services for which 

assistance is sought, such as— 

ø(A) providing facilities, equipment, training services, 

and technical assistance; 

ø(B) making programs accessible to students with disabilities through mechanisms such as closed captioning 

and descriptive video services; 

ø(C) linking networks around issues of national importance (such as elections) or to provide information about 

employment opportunities, job training, or student and 

other social service programs; 

ø(D) sharing curriculum resources between networks 

and development of program guides which demonstrate cooperative, cross-network listing of programs for specific 

curriculum areas; 

ø(E) providing teacher and student support services, 

including classroom and training support materials which 

permit student and teacher involvement in the live interactive distance learning telecasts; 

ø(F) incorporating community resources, such as libraries and museums, into instructional programs; 

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ø(G) providing professional development for teachers, 

including, as appropriate, training to early childhood development and Head Start teachers and staff and vocational education teachers and staff, and adult and family 

educators; 

ø(H) providing programs for adults to maximize the 

use of telecommunications facilities and equipment; 

ø(I) providing teacher training on proposed or established models of exemplary academic content standards in 

mathematics and science and other disciplines as such 

standards are developed; and 

ø(J) providing parent education programs during and 

after the regular school day which reinforce a student’s 

course of study and actively involve parents in the learning process. 

ø(13) A description of how the proposed program as a 

whole will be financed and how arrangements for future financing will be developed before the program expires. 

ø(14) An assurance that a significant portion of any facilities, equipment, technical assistance, and programming for 

which assistance is sought for elementary schools and secondary schools will be made available to schools in local educational agencies that have a high percentage of children 

counted for the purpose of part A of title I. 

ø(15) An assurance that the applicant will provide such information and cooperate in any evaluation that the Secretary 

may conduct under this subpart. 

ø(16) Such additional assurances as the Secretary may 

reasonably require. 

ø(c) APPROVAL.—In approving applications submitted under 

subsection (a) for grants under section 5473, the Secretary shall— 

ø(1) to the extent feasible, ensure an equitable geographic 

distribution of services provided under this subpart. 

ø(2) give priority to applications describing programs 

that— 

ø(A) propose high-quality plans, will provide instruction consistent with State academic content standards, or 

will otherwise provide significant and specific assistance to 

States and local educational agencies undertaking systemic education reform; 

ø(B) will provide services to programs serving adults, 

especially parents, with low levels of literacy; 

ø(C) will serve schools with significant numbers of 

children counted for the purposes of part A of title I; 

ø(D) ensure that the eligible entity will— 

ø(i) serve the broadest range of institutions, programs providing instruction outside of the school setting, programs serving adults, especially parents, with 

low levels of literacy, institutions of higher education, 

teacher training centers, research institutes, and private industry; 

ø(ii) have substantial academic and teaching capabilities, including the capability of training, retraining, 

and inservice upgrading of teaching skills and the capability to provide professional development; 

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ø(iii) provide a comprehensive range of courses for 

educators to teach instructional strategies for students 

with different skill levels; 

ø(iv) provide training to participating educators in 

ways to integrate telecommunications courses into existing school curriculum; 

ø(v) provide instruction for students, teachers, and 

parents; 

ø(vi) serve a multistate area; and 

ø(vii) give priority to the provision of equipment 

and linkages to isolated areas; and 

ø(E) involve a telecommunications entity (such as a 

satellite, cable, telephone, computer, or public or private 

television stations) participating in the eligible entity and 

donating equipment or in-kind services for telecommunications linkages.¿ 

øSEC. 5475. ø20 U.S.C. 7255d¿ OTHER GRANT ASSISTANCE. 

ø(a) SPECIAL STATEWIDE NETWORK.— ø(1) IN GENERAL.—The Secretary, in conjunction with the 

Office of Educational Technology, may provide assistance to a 

statewide telecommunications network if such network— 

ø(A) provides 2-way full-motion interactive video and 

audio communications; 

ø(B) links together public colleges and universities and 

secondary schools throughout the State; and 

ø(C) meets any other requirements determined appropriate by the Secretary. 

ø(2) MATCHING CONTRIBUTION.—A statewide telecommunications network assisted under paragraph (1) shall contribute, 

either directly or through private contributions, non-Federal 

funds equal to not less than 50 percent of the cost of such network. 

ø(b) SPECIAL LOCAL NETWORK.— ø(1) IN GENERAL.—The Secretary is authorized to provide 

assistance, on a competitive basis, to a local educational agency, or a consortium of such agencies, to enable such agency or 

consortium to establish a high-technology demonstration program. 

ø(2) PROGRAM REQUIREMENTS.—A high-technology demonstration program assisted under paragraph (1) shall— 

ø(A) include 2-way full-motion interactive video, audio, 

and text communications; 

ø(B) link together elementary schools and secondary 

schools, colleges, and universities; 

ø(C) provide parent participation and family programs; 

ø(D) include a staff development program; and 

ø(E) have a significant contribution and participation 

from business and industry. 

ø(3) MATCHING REQUIREMENT.—A local educational agency 

or consortium receiving a grant under paragraph (1) shall provide, either directly or through private contributions, non-Federal matching funds equal to not less than 50 percent of the 

amount of the grant. 

ø(c) TELECOMMUNICATIONS PROGRAMS FOR CONTINUING EDUCATION.— 

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ø(1) AUTHORITY.—The Secretary is authorized to award 

grants, on a competitive basis, to eligible entities to develop 

and operate one or more programs that provide online access 

to educational resources in support of continuing education and 

curriculum requirements relevant to achieving a secondary 

school diploma or its recognized equivalent. The program authorized by this subsection shall be designed to advance adult 

literacy, secondary school completion, and the acquisition of 

specified competency by the end of the 12th grade. 

ø(2) APPLICATIONS.—Each eligible entity desiring a grant 

under this subsection shall submit an application to the Secretary. The application shall include each of the following: 

ø(A) A demonstration that the applicant will use publicly funded or free public telecommunications infrastructure to deliver video, voice, and data in an integrated service to support and assist in the acquisition of a secondary 

school diploma or its recognized equivalent. 

ø(B) An assurance that the content of the materials to 

be delivered is consistent with the accreditation requirements of the State for which such materials are used. 

ø(C) To the extent feasible, materials developed in the 

Federal departments and agencies and under appropriate 

federally funded programs. 

ø(D) An assurance that the applicant has the technological and substantive experience to carry out the program. 

ø(E) Such additional assurances as the Secretary may 

reasonably require.¿ 

øSEC. 5476. ø20 U.S.C. 7255e¿ ADMINISTRATIVE PROVISIONS. 

ø(a) LEADERSHIP, EVALUATION, AND PEER REVIEW.— ø(1) RESERVATION OF FUNDS.—The Secretary may reserve 

not more than 5 percent of the amount made available to carry 

out this subpart for a fiscal year for national leadership, evaluation, and peer review activities, which the Secretary may 

carry out directly or through grants, contracts, and cooperative 

agreements. 

ø(2) LEADERSHIP.—Funds reserved for leadership activities 

under paragraph (1) may be used for— 

ø(A) disseminating information, including lists and descriptions of services available from grant recipients under 

this subpart; and 

ø(B) other activities designed to enhance the quality of 

distance learning activities nationwide. 

ø(3) EVALUATION.—Funds reserved for evaluation activities 

under paragraph (1) may be used to conduct independent evaluations of the activities assisted under this subpart and of distance learning in general, including— 

ø(A) analyses of distance learning efforts (including 

such efforts that are, or are not, assisted under this subpart); and 

ø(B) comparisons of the effects (including student outcomes) of different technologies in distance learning efforts. 

ø(4) PEER REVIEW.—Funds reserved for peer review activities under paragraph (1) may be used for peer review of— 

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ø(A) applications for grants under this subpart; and 

ø(B) activities assisted under this subpart. 

ø(b) COORDINATION.—The Department, the National Science 

Foundation, the Department of Agriculture, the Department of 

Commerce, and any other Federal department or agency operating 

a telecommunications network for educational purposes, shall coordinate the activities assisted under this subpart with the activities of such department or agency relating to a telecommunications 

network for educational purposes. 

ø(c) FUNDS FROM OTHER AGENCIES.—The Secretary may accept 

funds from other Federal departments or agencies to carry out the 

purposes of this subpart, including funds for the purchase of equipment. 

ø(d) AVAILABILITY OF FUNDS.—Funds made available to carry 

out this subpart shall remain available until expended. 

ø(e) CLOSED CAPTIONING AND DESCRIPTIVE VIDEO.—The Secretary shall encourage each entity receiving funds under this subpart to provide— 

ø(1) closed captioning of the verbal content of the entity’s 

programming, as appropriate; and 

ø(2) descriptive video of the visual content of the entity’s 

programming, as appropriate.¿ 

øSEC. 5477. ø20 U.S.C. 7255f¿ DEFINITIONS. 

øIn this subpart: 

ø(1) EDUCATIONAL INSTITUTION.—The term ‘‘educational institution’’ means an institution of higher education, a local educational agency, or a State educational agency. 

ø(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ includes 

any of the following that is organized on a Statewide or 

multistate basis: 

ø(A) A public agency or corporation established for the 

purpose of developing and operating telecommunications 

networks to enhance educational opportunities provided by 

educational institutions, teacher training centers, and 

other entities, except that any such agency or corporation 

shall represent the interests of elementary schools and secondary schools that are eligible to participate in the program under part A of title I. 

ø(B) A partnership that will provide telecommunications services and that includes three or more of the following entities, at least one of which shall be an agency 

described in clause (i) or (ii): 

ø(i) A local educational agency that serves a significant number of elementary schools and secondary 

schools that are eligible for assistance under part A of 

title I, or elementary schools and secondary schools operated or funded for Indian children by the Department of the Interior eligible under section 

1121(d)(1)(A). 

ø(ii) A State educational agency. 

ø(iii) An adult and family education program. 

ø(iv) An institution of higher education or a State 

higher education agency (as that term is defined in 

section 103 of the Higher Education Act of 1965 (20 

U.S.C. 1003)). 

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ø(v) A teacher training center or academy that— 

ø(I) provides teacher preservice and inservice 

training; and 

ø(II) receives Federal financial assistance or 

has been approved by a State agency; 

ø(vi)(I) A public or private entity with experience 

and expertise in the planning and operation of a telecommunications network, including entities involved 

in telecommunications through satellite, cable, telephone, or computer; or 

ø(II) a public broadcasting entity with such experience. 

ø(vii) A public or private elementary school or secondary school. 

ø(3) INSTRUCTIONAL PROGRAMMING.—The term ‘‘instructional programming’’ means courses of instruction and training 

courses for elementary and secondary students, teachers, and 

others, and materials for use in such instruction and training 

that have been prepared in audio and visual form on tape, disc, 

film, or live, and presented by means of telecommunications 

devices. 

ø(4) PUBLIC BROADCASTING ENTITY.—The term ‘‘public 

broadcasting entity’’ has the same meaning given such term in 

section 397 of the Communications Act of 1934 (47 U.S.C. 

397).¿ 

øSubpart 8—Ready to Teach¿ 

øSEC. 5481. ø20 U.S.C. 7257¿ GRANTS. 

ø(a) IN GENERAL.—The Secretary is authorized to award grants 

to a nonprofit telecommunications entity, or partnership of such entities, for the purpose of carrying out a national telecommunications-based program to improve teaching in core curriculum 

areas. The program shall be designed to assist elementary school 

and secondary school teachers in preparing all students to achieve 

challenging State academic content and student academic achievement standards in core curriculum areas. 

ø(b) DIGITAL EDUCATIONAL PROGRAMMING.—The Secretary is 

authorized to award grants, as provided for in section 5484, to eligible entities described in subsection (b) of such section, to enable 

such entities to develop, produce, and distribute innovative educational and instructional video programming that is designed for 

use by elementary schools and secondary schools and based on 

challenging State academic content and student academic achievement standards. In awarding such grants, the Secretary shall ensure that eligible entities enter into multiyear content development 

collaborative arrangements with State educational agencies, local 

educational agencies, institutions of higher education, businesses, 

or other agencies or organizations.¿ 

øSEC. 5482. ø20 U.S.C. 7257a¿ APPLICATION REQUIRED. 

ø(a) GENERAL APPLICATION.— 

ø(1) IN GENERAL.—To be eligible to receive a grant under 

section 5481(a), a nonprofit telecommunications entity, or partmstockstill on DSK4VPTVN1PROD with HEARINGS

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nership of such entities shall submit an application to the Secretary. Each such application shall— 

ø(A) demonstrate that the applicant will use the public 

broadcasting infrastructure, the Internet, and school digital networks, where available, to deliver video and data in 

an integrated service to train teachers in the use of materials and learning technologies for achieving challenging 

State academic content and student academic achievement 

standards; 

ø(B) ensure that the project for which assistance is 

sought will be conducted in cooperation with appropriate 

State educational agencies, local educational agencies, and 

State or local nonprofit public telecommunications entities; 

ø(C) ensure that a significant portion of the benefits 

available for elementary schools and secondary schools 

from the project for which assistance is sought will be 

available to schools of local educational agencies that have 

a high percentage of children counted for the purpose of 

part A of title I; and 

ø(D) contain such additional assurances as the Secretary may reasonably require. 

ø(2) SITES.—In approving applications under paragraph 

(1), the Secretary shall ensure that the program authorized by 

section 5481(a) is conducted at elementary school and secondary school sites throughout the United States. 

ø(b) PROGRAMMING APPLICATION.—To be eligible to receive a 

grant under section 5481(b), an entity shall submit an application 

to the Secretary at such time, in such manner, and accompanied 

by such information as the Secretary may reasonably require.¿ 

øSEC. 5483. ø20 U.S.C. 7257b¿ REPORTS AND EVALUATION. 

øAn entity receiving a grant under section 5481(a) shall prepare and submit to the Secretary an annual report that contains 

such information as the Secretary may require. At a minimum, 

such report shall describe the program activities undertaken with 

funds received under the grant, including— 

ø(1) the core curriculum areas for which program activities 

have been undertaken and the number of teachers using the 

program in each core curriculum area; and 

ø(2) the States in which teachers using the program are located.¿ 

øSEC. 5484. ø20 U.S.C. 7257c¿ DIGITAL EDUCATIONAL PROGRAMMING 

GRANTS. 

ø(a) GRANTS.—The Secretary is authorized to award grants 

under section 5481(b) to eligible entities to facilitate the development of educational programming that shall— 

ø(1) include student assessment tools to provide feedback 

on student academic achievement; 

ø(2) include built-in teacher utilization and support components to ensure that teachers understand and can easily use 

the content of the programming with group instruction or for 

individual student use; 

ø(3) be created for, or adaptable to, challenging State academic content standards and student academic achievement 

standards; and 

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ø(4) be capable of distribution through digital broadcasting 

and school digital networks. 

ø(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant 

under section 5481(b), an entity shall be a local public telecommunications entity, as defined in section 397(12) of the Communications Act of 1934, that is able to demonstrate a capacity for 

the development and distribution of educational and instructional 

television programming of high quality. 

ø(c) COMPETITIVE BASIS.—Grants under section 5481(b) shall 

be awarded on a competitive basis as determined by the Secretary. 

ø(d) MATCHING REQUIREMENT.—To be eligible to receive a 

grant under section 5481(b), an entity shall contribute to the activities assisted under such grant non-Federal matching funds in an 

amount equal to not less than 100 percent of the amount of the 

grant. Such matching funds may include funds provided for the 

transition to digital broadcasting, as well as in-kind contributions. 

ø(e) DURATION.—A grant under section 5481(b) shall be awarded for a period of 3 years in order to provide a sufficient period of 

time for the creation of a substantial body of significant content.¿ 

øSEC. 5485. ø20 U.S.C. 7257d¿ ADMINISTRATIVE COSTS. 

øAn entity that receives a grant under this subpart may not 

use more than 5 percent of the amount received under the grant 

for administrative costs.¿ 

øSubpart 9—Foreign Language Assistance 

Program¿ 

øSEC. 5491. ø20 U.S.C. 7259¿ SHORT TITLE. 

øThis subpart may be cited as the ‘‘Foreign Language Assistance Act of 2001’’.¿ 

øSEC. 5492. ø20 U.S.C. 7259a¿ PROGRAM AUTHORIZED. 

ø(a) PROGRAM AUTHORITY.— 

ø(1) IN GENERAL.—The Secretary is authorized to make 

grants, on a competitive basis, to State educational agencies or 

local educational agencies to pay the Federal share of the cost 

of innovative model programs providing for the establishment, 

improvement, or expansion of foreign language study for elementary school and secondary school students. 

ø(2) DURATION.—Each grant under paragraph (1) shall be 

awarded for a period of 3 years. 

ø(b) REQUIREMENTS.— 

ø(1) GRANTS TO STATE EDUCATIONAL AGENCIES.—In awarding a grant under subsection (a) to a State educational agency, 

the Secretary shall support programs that promote systemic 

approaches to improving foreign language learning in the 

State. 

ø(2) GRANTS TO LOCAL EDUCATIONAL AGENCIES.—In awarding a grant under subsection (a) to a local educational agency, 

the Secretary shall support programs that— 

ø(A) show the promise of being continued beyond the 

grant period; 

ø(B) demonstrate approaches that can be disseminated 

and duplicated in other local educational agencies; and 

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ø(C) may include a professional development component. 

ø(c) FEDERAL SHARE.— 

ø(1) IN GENERAL.—The Federal share for each fiscal year 

shall be 50 percent. 

ø(2) WAIVER.—Notwithstanding paragraph (1), the Secretary may determine the Federal share for any local educational agency which the Secretary determines does not have 

adequate resources to pay the non-Federal share of the cost of 

the activities assisted under this subpart. 

ø(d) SPECIAL RULE.—Not less than 3⁄4 of the funds made available under section 5401 to carry out this subpart shall be used for 

the expansion of foreign language learning in the elementary 

grades. 

ø(e) RESERVATION.—The Secretary may reserve not more than 

5 percent of funds made available under section 5401 to carry out 

this subpart for a fiscal year to evaluate the efficacy of programs 

assisted under this subpart.¿ 

øSEC. 5493. ø20 U.S.C. 7259b¿ APPLICATIONS. 

ø(a) IN GENERAL.—Any State educational agency or local educational agency desiring a grant under this subpart shall submit an 

application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. 

ø(b) SPECIAL CONSIDERATION.—The Secretary shall give special 

consideration to applications describing programs that— 

ø(1) include intensive summer foreign language programs 

for professional development; 

ø(2) link nonnative English speakers in the community 

with the schools in order to promote two-way language learning; 

ø(3) promote the sequential study of a foreign language for 

students, beginning in elementary schools; 

ø(4) make effective use of technology, such as computer-assisted instruction, language laboratories, or distance learning, 

to promote foreign language study; 

ø(5) promote innovative activities, such as foreign language immersion, partial foreign language immersion, or content-based instruction; and 

ø(6) are carried out through a consortium comprised of the 

agency receiving the grant and an elementary school or secondary school.¿ 

øSEC. 5494. ø20 U.S.C. 7259c¿ ELEMENTARY SCHOOL FOREIGN LANGUAGE INCENTIVE PROGRAM. 

ø(a) INCENTIVE PAYMENTS.—From amounts made available 

under section 5401 to carry out this subpart, the Secretary shall 

make an incentive payment for each fiscal year to each public elementary school that provides to students attending such school a 

program designed to lead to communicative competency in a foreign language. 

ø(b) AMOUNT.—The Secretary shall determine the amount of 

the incentive payment under subsection (a) for each public elementary school for each fiscal year on the basis of the number of students participating in a program described in such subsection at 

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such school for such year compared to the total number of such students at all such schools in the United States for such year. 

ø(c) REQUIREMENT.—The Secretary shall consider a program to 

be designed to lead to communicative competency in a foreign language if such program is comparable to a program that provides 

not less than 45 minutes of instruction in a foreign language for 

not fewer than 4 days per week throughout an academic year.¿ 

øSubpart 10—Physical Education¿ 

øSEC. 5501. ø20 U.S.C. 7261¿ SHORT TITLE. 

øThis subpart may be cited as the ‘‘Carol M. White Physical 

Education Program’’.¿ 

øSEC. 5502. ø20 U.S.C. 7261a¿ PURPOSE. 

øThe purpose of this subpart is to award grants and contracts 

to initiate, expand, and improve physical education programs for 

all kindergarten through 12th-grade students.¿ 

øSEC. 5503. ø20 U.S.C. 7261b¿ PROGRAM AUTHORIZED. 

ø(a) AUTHORIZATION.—The Secretary is authorized to award 

grants to local educational agencies and community-based organizations (such as Boys and Girls Clubs, Boy Scouts and Girl Scouts, 

and the Young Men’s Christian Organization (YMCA) and Young 

Women’s Christian Organization (YWCA)) to pay the Federal share 

of the costs of initiating, expanding, and improving physical education programs (including after-school programs) for kindergarten 

through 12th-grade students by— 

ø(1) providing equipment and support to enable students 

to participate actively in physical education activities; and 

ø(2) providing funds for staff and teacher training and 

education. 

ø(b) PROGRAM ELEMENTS.—A physical education program funded under this subpart may provide for one or more of the following: 

ø(1) Fitness education and assessment to help students understand, improve, or maintain their physical well-being. 

ø(2) Instruction in a variety of motor skills and physical 

activities designed to enhance the physical, mental, and social 

or emotional development of every student. 

ø(3) Development of, and instruction in, cognitive concepts 

about motor skill and physical fitness that support a lifelong 

healthy lifestyle. 

ø(4) Opportunities to develop positive social and cooperative skills through physical activity participation. 

ø(5) Instruction in healthy eating habits and good nutrition. 

ø(6) Opportunities for professional development for teachers of physical education to stay abreast of the latest research, 

issues, and trends in the field of physical education. 

ø(c) SPECIAL RULE.—For the purpose of this subpart, extracurricular activities, such as team sports and Reserve Officers’ 

Training Corps (ROTC) program activities, shall not be considered 

as part of the curriculum of a physical education program assisted 

under this subpart.¿ 

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øSEC. 5504. ø20 U.S.C. 7261c¿ APPLICATIONS. 

ø(a) SUBMISSION.—Each local educational agency or community-based organization desiring a grant or contract under this subpart shall submit to the Secretary an application that contains a 

plan to initiate, expand, or improve physical education programs in 

order to make progress toward meeting State standards for physical education. 

ø(b) PRIVATE SCHOOL AND HOME-SCHOOLED STUDENTS.—An 

application for funds under this subpart may provide for the participation, in the activities funded under this subpart, of— 

ø(1) students enrolled in private nonprofit elementary 

schools or secondary schools, and their parents and teachers; 

or 

ø(2) home-schooled students, and their parents and teachers.¿ 

øSEC. 5505. ø20 U.S.C. 7261d¿ REQUIREMENTS. 

ø(a) ANNUAL REPORT TO THE SECRETARY.—In order to continue 

receiving funding after the first year of a multiyear grant or contract under this subpart, the administrator of the grant or contract 

for the local educational agency or community-based organization 

shall submit to the Secretary an annual report that— 

ø(1) describes the activities conducted during the preceding 

year; and 

ø(2) demonstrates that progress has been made toward 

meeting State standards for physical education. 

ø(b) ADMINISTRATIVE EXPENSES.—Not more than 5 percent of 

the grant funds made available to a local educational agency or 

community-based organization under this subpart for any fiscal 

year may be used for administrative expenses.¿ 

øSEC. 5506. ø20 U.S.C. 7261e¿ ADMINISTRATIVE PROVISIONS. 

ø(a) FEDERAL SHARE.—The Federal share under this subpart 

may not exceed— 

ø(1) 90 percent of the total cost of a program for the first 

year for which the program receives assistance under this subpart; and 

ø(2) 75 percent of such cost for the second and each subsequent such year. 

ø(b) PROPORTIONALITY.—To the extent practicable, the Secretary shall ensure that grants awarded under this subpart shall 

be equitably distributed among local educational agencies and community-based organizations serving urban and rural areas. 

ø(c) REPORT TO CONGRESS.—Not later than June 1, 2003, the 

Secretary shall submit a report to Congress that— 

ø(1) describes the programs assisted under this subpart; 

ø(2) documents the success of such programs in improving 

physical fitness; and 

ø(3) makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the 

programs assisted under this subpart. 

ø(d) AVAILABILITY OF FUNDS.—Amounts made available to the 

Secretary to carry out this subpart shall remain available until expended.¿ 

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øSEC. 5507. ø20 U.S.C. 7261f¿ SUPPLEMENT, NOT SUPPLANT. 

øFunds made available under this subpart shall be used to 

supplement, and not supplant, any other Federal, State, or local 

funds available for physical education activities.¿ 

øSubpart 11—Community Technology Centers¿ 

øSEC. 5511. ø20 U.S.C. 7263¿ PURPOSE AND PROGRAM AUTHORIZATION. 

ø(a) PURPOSE.—It is the purpose of this subpart to assist eligible applicants— 

ø(1) to create or expand community technology centers 

that will provide disadvantaged residents of economically distressed urban and rural communities with access to information technology and related training; and 

ø(2) to provide technical assistance and support to community technology centers. 

ø(b) PROGRAM AUTHORIZATION.—The Secretary is authorized, 

in conjunction with the Office of Educational Technology, to award 

grants, contracts, or cooperative agreements, on a competitive 

basis, for a period of not more than 3 years, to eligible applicants 

in order to assist such applicants in— 

ø(1) creating or expanding community technology centers; 

or 

ø(2) providing technical assistance and support to community technology centers. 

ø(3) SERVICE OF AMERICORPS PARTICIPANTS.—The Secretary may collaborate with the Chief Executive Officer of the 

Corporation for National and Community Service on the use in 

community technology centers of participants in National Service programs carried out under subtitle C of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et 

seq.).¿ 

øSEC. 5512. ø20 U.S.C. 7263a¿ ELIGIBILITY AND APPLICATION REQUIREMENTS. 

ø(a) ELIGIBLE APPLICANTS.—In order to be eligible to receive 

an award under this subpart, an applicant shall— 

ø(1) be an entity (such as a foundation, museum, library, 

for-profit business, public or private nonprofit organization, or 

community-based organization), an institution of higher education, a State educational agency, a local education agency, or 

a consortium of such entities, institutions, or agencies; and 

ø(2) have the capacity to significantly expand access to 

computers and related services for disadvantaged residents of 

economically distressed urban and rural communities (who 

would otherwise be denied such access). 

ø(b) APPLICATION REQUIREMENTS.—In order to receive an 

award under this subpart, an eligible applicant shall submit an application to the Secretary at such time, and containing such information, as the Secretary may require. The application shall include 

each of the following: 

ø(1) A description of the proposed project, including a description of the magnitude of the need for the services and how 

the project would expand access to information technology and 

related services to disadvantaged residents of an economically 

distressed urban or rural community. 

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ø(2) A demonstration of— 

ø(A) the commitment, including the financial commitment, of entities (such as institutions, organizations, business and other groups in the community) that will provide 

support for the creation, expansion, and continuation of 

the proposed project; and 

ø(B) the extent to which the proposed project coordinates with other appropriate agencies, efforts, and organizations providing services to disadvantaged residents of an 

economically distressed urban or rural community. 

ø(3) A description of how the proposed project would be 

sustained once the Federal funds awarded under this subpart 

end. 

ø(4) A plan for the evaluation of the program, which shall 

include benchmarks to monitor progress toward specific project 

objectives. 

ø(c) MATCHING REQUIREMENTS.—The Federal share of the cost 

of any project funded under this subpart shall not exceed 50 percent. The non-Federal share of such project may be in cash or in 

kind, fairly evaluated, including services.¿ 

øSEC. 5513. ø20 U.S.C. 7263b¿ USES OF FUNDS. 

ø(a) REQUIRED USES.—A recipient shall use funds under this 

subpart for— 

ø(1) creating or expanding community technology centers 

that expand access to information technology and related training for disadvantaged residents of distressed urban or rural 

communities; and 

ø(2) evaluating the effectiveness of the project. 

ø(b) PERMISSIBLE USES.—A recipient may use funds under this 

subpart for activities, described in its application, that carry out 

the purposes of this subpart, such as— 

ø(1) supporting a center coordinator, and staff, to supervise instruction and build community partnerships; 

ø(2) acquiring equipment, networking capabilities, and infrastructure to carry out the project; and 

ø(3) developing and providing services and activities for 

community residents that provide access to computers, information technology, and the use of such technology in support 

of preschool preparation, academic achievement, educational 

development, and workforce development, such as the following: 

ø(A) After-school activities in which children and 

youths use software that provides academic enrichment 

and assistance with homework, develop their technical 

skills, explore the Internet, and participate in multimedia 

activities, including web page design and creation. 

ø(B) Adult education and family literacy activities 

through technology and the Internet, including— 

ø(i) General Education Development, Language 

Instruction Educational Programs, and adult basic 

education classes or programs; 

ø(ii) introduction to computers; 

ø(iii) intergenerational activities; and 

ø(iv) educational development opportunities. 

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ø(C) Career development and job preparation activities, such as— 

ø(i) training in basic and advanced computer 

skills; 

ø(ii) resume writing workshops; and 

ø(iii) access to databases of employment opportunities, career information, and other online materials. 

ø(D) Small business activities, such as— 

ø(i) computer-based training for basic entrepreneurial skills and electronic commerce; and 

ø(ii) access to information on business start-up 

programs that is available online, or from other 

sources. 

ø(E) Activities that provide home access to computers 

and technology, such as assistance and services to promote 

the acquisition, installation, and use of information technology in the home through low-cost solutions such as 

networked computers, web-based television devices, and 

other technology.¿ 

øSubpart 12—Educational, Cultural, Apprenticeship, and Exchange Programs for Alaska Natives, Native Hawaiians, and Their Historical 

Whaling and Trading Partners in Massachusetts¿ 

øSEC. 5521. ø20 U.S.C. 7265¿ SHORT TITLE. 

øThis subpart may be cited as the ‘‘Alaska Native and Native 

Hawaiian Education Through Cultural and Historical Organizations Act’’.¿ 

øSEC. 5522. ø20 U.S.C. 7265a¿ FINDINGS AND PURPOSES. 

ø(a) FINDINGS.—Congress finds the following: 

ø(1) Alaska Natives and Native Hawaiians have been 

linked for over 200 years to the coastal towns of Salem, Massachusetts, and New Bedford, Massachusetts, through the China 

trade from Salem and whaling voyages from New Bedford. 

ø(2) Nineteenth-century trading ships sailed from Salem, 

Massachusetts, around Cape Horn of South America, and up 

the Northwest coast of the United States to Alaska, where 

their crews traded with Alaska Native people for furs, and 

then went on to Hawaii to trade for sandalwood with Native 

Hawaiians before going on to China. 

ø(3) During the 19th century, over 2,000 whaling voyages 

sailed out of New Bedford, Massachusetts to the Arctic region 

of Alaska, and joined Alaska Natives from Barrow, Alaska and 

other areas in the Arctic region in subsistence whaling activities. 

ø(4) Many New Bedford whaling voyages continued on to 

Hawaii, where they joined Native Hawaiians from the neighboring islands. 

ø(5) From those commercial and whaling voyages, a rich 

cultural exchange and strong trading relationships developed 

among the three peoples involved. 

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ø(6) In the past decades, awareness of the historical trading, cultural, and whaling links has faded among Alaska Natives, Native Hawaiians, and the people of the continental 

United States. 

ø(7) In 2000, the Alaska Native Heritage Center in Alaska, 

the Bishop Museum in Hawaii, and the Peabody-Essex Museum in Massachusetts initiated the New Trade Winds project 

to use 21st-century technology, including the Internet, to educate students and their parents about historic and contemporary cultural and trading ties that continue to link the diverse cultures of the peoples involved. 

ø(8) The New Bedford Whaling Museum, in partnership 

with the New Bedford Whaling National Historical Park, has 

developed a cultural exchange and educational program with 

the Inupiat Heritage Center in Barrow, Alaska to bring together the children, parents, and elders from the Arctic region 

of Alaska with children and families of Massachusetts to learn 

about their historical ties and about each other’s contemporary 

cultures. 

ø(9) Within the fast-growing cultural sector, meaningful 

educational and career opportunities based on traditional relationships exist for Alaska Natives, Native Hawaiians, and lowincome youth in Massachusetts. 

ø(10) Cultural institutions can provide practical, culturally 

relevant, education-related internship and apprentice programs, such as the Museum Action Corps at the PeabodyEssex Museum and similar programs at the New Bedford 

Oceanarium and other institutions, to prepare youths and their 

families for careers in the cultural sector. 

ø(11) The resources of the institutions described in paragraphs (7) and (8) provide unique opportunities for illustrating 

and interpreting the contributions of Alaska Natives, Native 

Hawaiians, the whaling industry, and the China trade to the 

economic, social, and environmental history of the United 

States, for educating students and their parents, and for providing opportunities for internships and apprenticeships leading to careers with cultural institutions. 

ø(b) PURPOSES.—The purposes of this subpart are the following: 

ø(1) To authorize and develop innovative culturally-based 

educational programs and cultural exchanges to assist Alaska 

Natives, Native Hawaiians, and children and families of Massachusetts linked by history and tradition to Alaska and Hawaii to learn about shared culture and traditions. 

ø(2) To authorize and develop internship and apprentice 

programs to assist Alaska Natives, Native Hawaiians, and children and families of Massachusetts linked by history and tradition with Alaska and Hawaii to prepare for careers with cultural institutions. 

ø(3) To supplement programs and authorities in the area 

of education to further the objectives of this subpart. 

ø(4) To authorize and develop cultural and educational 

programs relating to any Federally recognized Indian tribe in 

Mississippi.¿ 

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øSEC. 5523. ø20 U.S.C. 7265b¿ PROGRAM AUTHORIZATION. 

ø(a) GRANTS AND CONTRACTS.—In order to carry out programs 

that fulfill the purposes of this subpart, the Secretary is authorized 

to make grants to, or enter into contracts with, the following: 

ø(1) The Alaska Native Heritage Center in Anchorage, 

Alaska. 

ø(2) The Inupiat Heritage Center in Barrow, Alaska. 

ø(3) The Bishop Museum in Hawaii. 

ø(4) The Peabody-Essex Museum in Salem, Massachusetts. 

ø(5) The New Bedford Whaling Museum and the New Bedford Oceanarium in New Bedford, Massachusetts. 

ø(6) The Mississippi Band of Choctaw Indians in Choctaw, 

Mississippi. 

ø(7) Other Alaska Native and Native Hawaiian cultural 

and educational organizations. 

ø(8) Cultural and educational organizations with experience in developing or operating programs that illustrate and 

interpret the contributions of Alaska Natives, Native Hawaiians, the whaling industry, and the China trade to the economic, social, and environmental history of the United States. 

ø(9) Consortia of the organizations and entities described 

in this subsection. 

ø(b) USES OF FUNDS.—Activities provided through programs 

carried out under this subpart may include one or more of the following: 

ø(1) Development and implementation of educational programs to increase understanding of cultural diversity and 

multicultural communication among Alaska Natives, Native 

Hawaiians, and the people of the continental United States, 

based on historic patterns of trading and commerce. 

ø(2) Development and implementation of programs using 

modern technology, including the Internet, to educate students, 

their parents, and teachers about historic and contemporary 

cultural and trading ties that continue to link the diverse cultures of Alaska Natives, Native Hawaiians, and the people of 

Massachusetts. 

ø(3) Cultural exchanges of elders, students, parents, and 

teachers among Alaska Natives, Native Hawaiians, and the 

people of Massachusetts to increase awareness of diverse cultures among each group. 

ø(4) Sharing of collections among cultural institutions designed to increase awareness of diverse cultures and links 

among them. 

ø(5) Development and implementation of internship and 

apprentice programs in cultural institutions to train Alaska 

Natives, Native Hawaiians, and low-income students in Massachusetts for careers with cultural institutions. 

ø(6) Other activities, consistent with the purposes of this 

subpart, to meet the educational needs of Alaska Natives, Native Hawaiians, and students and their parents in Massachusetts. 

ø(7) Cultural and educational programs relating to any 

Federally recognized Indian tribe in Mississippi.¿ 

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øSEC. 5524. ø20 U.S.C. 7265c¿ ADMINISTRATIVE PROVISIONS. 

ø(a) APPLICATION REQUIRED.—No grant may be made under 

this subpart, and no contract may be entered into under this subpart, unless the entity seeking the grant or contract submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine to be necessary to carry out the provisions of this subpart. 

ø(b) LOCAL EDUCATIONAL AGENCY COORDINATION.—Each applicant for a grant or contract under this subpart shall inform each 

local educational agency serving students who will participate in 

the program to be carried out under the grant or contract about the 

application.¿ 

øSEC. 5525. ø20 U.S.C. 7265d¿ AVAILABILITY OF FUNDS. 

øIf sufficient funds are made available under section 5401 to 

carry out this subpart for a fiscal year, the Secretary shall make 

available, to support activities described in section 5523(b), the following amounts: 

ø(1) Not less than $2,000,000 each to— 

ø(A) the New Bedford Whaling Museum, in partnership with the New Bedford Oceanarium, in Massachusetts; 

ø(B) the Inupiat Heritage Center in Alaska; and 

ø(C) the Mississippi Band of Choctaw Indians in Choctaw, Mississippi. 

ø(2) For the New Trade Winds project, not less than 

$1,000,000 each to— 

ø(A) the Alaska Native Heritage Center in Alaska; 

ø(B) the Bishop Museum in Hawaii; and 

ø(C) the Peabody-Essex Museum in Massachusetts. 

ø(3) For internship and apprenticeship programs (including the Museum Action Corps of the Peabody-Essex Museum), 

not less than $1,000,000 each to— 

ø(A) the Alaska Native Heritage Center in Alaska; 

ø(B) the Bishop Museum in Hawaii; and 

ø(C) the Peabody-Essex Museum in Massachusetts.¿ 

øSEC. 5526. ø20 U.S.C. 7265e¿ DEFINITIONS. 

øIn this subpart: 

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

meaning given that term in section 7306. 

ø(2) NATIVE HAWAIIAN.—The term ‘‘Native Hawaiian’’ has 

the meaning given that term in section 7207.¿ 

øSubpart 13—Excellence in Economic Education¿ 

øSEC. 5531. ø20 U.S.C. 7267¿ SHORT TITLE. 

øThis subpart may be cited as the ‘‘Excellence in Economic 

Education Act of 2001’’.¿ 

øSEC. 5532. ø20 U.S.C. 7267a¿ PURPOSE AND GOALS. 

ø(a) PURPOSE.—The purpose of this subpart is to promote economic and financial literacy among all students in kindergarten 

through grade 12 by awarding a competitive grant to a national 

nonprofit educational organization that has as its primary purpose 

the improvement of the quality of student understanding of personal finance and economics. 

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ø(b) OBJECTIVES.—The objectives of this subpart are the following: 

ø(1) To increase students’ knowledge of, and achievement 

in, economics to enable the students to become more productive 

and informed citizens. 

ø(2) To strengthen teachers’ understanding of, and competency in, economics to enable the teachers to increase student mastery of economic principles and the practical application of those principles. 

ø(3) To encourage economic education research and development, to disseminate effective instructional materials, and to 

promote replication of best practices and exemplary programs 

that foster economic literacy. 

ø(4) To assist States in measuring the impact of education 

in economics. 

ø(5) To leverage and expand private and public support for 

economic education partnerships at national, State, and local 

levels.¿ 

øSEC. 5533. ø20 U.S.C. 7267b¿ GRANT PROGRAM AUTHORIZED. 

ø(a) AUTHORIZATION.—The Secretary is authorized to award a 

competitive grant to a national nonprofit educational organization 

that has as its primary purpose the improvement of the quality of 

student understanding of personal finance and economics through 

effective teaching of economics in the Nation’s classrooms (referred 

to in this subpart as the ‘‘grantee’’). 

ø(b) USES OF FUNDS.— ø(1) DIRECT ACTIVITIES.—The grantee shall use 25 percent 

of the funds made available through the grant for a fiscal 

year— 

ø(A) to strengthen and expand the grantee’s relationships with State and local personal finance, entrepreneurial, and economic education organizations; 

ø(B) to support and promote training of teachers who 

teach a grade from kindergarten through grade 12 regarding economics, including the dissemination of information 

on effective practices and research findings regarding the 

teaching of economics; 

ø(C) to support research on effective teaching practices 

and the development of assessment instruments to document student understanding of personal finance and economics; and 

ø(D) to develop and disseminate appropriate materials 

to foster economic literacy. 

ø(2) SUBGRANTS.—The grantee shall use 75 percent of the 

funds made available through the grant for a fiscal year to 

award subgrants to State educational agencies or local educational agencies, and State or local economic, personal finance, or entrepreneurial education organizations (referred to 

in this section as the ‘‘recipient’’). The grantee shall award 

such a subgrant to pay for the Federal share of the cost of enabling the recipient to work in partnership with one or more of 

the entities described in paragraph (3) for one or more of the 

following purposes: 

ø(A) Collaboratively establishing and conducting 

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793 

tive approaches to the teaching of economics, personal finance, and entrepreneurship. 

ø(B) Providing resources to school districts that desire 

to incorporate economics and personal finance into the curricula of the schools in the districts. 

ø(C) Conducting evaluations of the impact of economic 

and financial literacy education on students. 

ø(D) Conducting economic and financial literacy education research. 

ø(E) Creating and conducting school-based student activities to promote consumer, economic, and personal finance education (such as saving, investing, and entrepreneurial education) and to encourage awareness and student academic achievement in economics. 

ø(F) Encouraging replication of best practices to promote economic and financial literacy. 

ø(3) PARTNERSHIP ENTITIES.—The entities described in this 

paragraph are the following: 

ø(A) A private sector entity. 

ø(B) A State educational agency. 

ø(C) A local educational agency. 

ø(D) An institution of higher education. 

ø(E) An organization promoting economic development. 

ø(F) An organization promoting educational excellence. 

ø(G) An organization promoting personal finance or 

entrepreneurial education.¿ 

øSEC. 5534. ø20 U.S.C. 7267c¿ APPLICATIONS. 

ø(a) GRANTEE APPLICATIONS.—To be eligible to receive a grant 

under this subpart, the grantee shall submit to the Secretary an 

application at such time, in such manner, and accompanied by such 

information as the Secretary may require. 

ø(b) RECIPIENT APPLICATIONS.— 

ø(1) SUBMISSION.—To be eligible to receive a subgrant 

under this section, a recipient shall submit an application to 

the grantee at such time, in such manner, and accompanied by 

such information as the grantee may require. 

ø(2) REVIEW.—The grantee shall invite the individuals described in paragraph (3) to review all applications from recipients for a subgrant under this section and to make recommendations to the grantee regarding the approval of the applications. 

ø(3) REVIEWERS.—The individuals described in this paragraph are the following: 

ø(i) Leaders in the fields of economics and education. 

ø(ii) Such other individuals as the grantee determines to be necessary, especially members of the State 

and local business, banking, and finance communities.¿ 

øSEC. 5535. ø20 U.S.C. 7267d¿ REQUIREMENTS. 

ø(a) ADMINISTRATIVE COSTS.—The grantee and each recipient 

receiving a subgrant under this subpart for a fiscal year may use 

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not more than 5 percent of the funds made available through the 

grant or subgrant for administrative costs. 

ø(b) TEACHER TRAINING PROGRAMS.—In carrying out the teacher training programs described in section 5533(b)(2)(A), a recipient 

shall— 

ø(1) train teachers who teach a grade from kindergarten 

through grade 12; and 

ø(2) encourage teachers from disciplines other than economics and financial literacy to participate in such teacher 

training programs, if the training will promote the economic 

and financial literacy of those teachers’ students. 

ø(c) INVOLVEMENT OF BUSINESS COMMUNITY.—In carrying out 

the activities assisted under this subpart, the grantee and recipients are strongly encouraged to— 

ø(1) include interactions with the local business community to the fullest extent possible to reinforce the connection 

between economic and financial literacy and economic development; and 

ø(2) work with private businesses to obtain matching contributions for Federal funds and assist recipients in working 

toward self-sufficiency. 

ø(d) ADDITIONAL REQUIREMENTS AND TECHNICAL ASSISTANCE.—The grantee shall— 

ø(1) meet such other requirements as the Secretary determines to be necessary to assure compliance with this section; 

and 

ø(2) receive from the Secretary such technical assistance 

as may be necessary to carry out this section.¿ 

øSEC. 5536. ø20 U.S.C. 7267e¿ ADMINISTRATIVE PROVISIONS. 

ø(a) FEDERAL SHARE.—The Federal share of the cost described 

in section 5533(b)(2) shall be 50 percent. 

ø(b) PAYMENT OF NON-FEDERAL SHARE.—The non-Federal 

share may be paid in cash or in kind (fairly evaluated, including 

plant, equipment, or services). 

ø(c) REPORTS TO CONGRESS.—Not later than 2 years after the 

date funds are first made available to carry out this subpart, and 

every 2 years thereafter, the Secretary shall submit to the appropriate committees of Congress a report regarding activities assisted 

under this subpart.¿ 

øSEC. 5537. ø20 U.S.C. 7267f¿ SUPPLEMENT, NOT SUPPLANT. 

øFunds made available to carry out this subpart shall be used 

to supplement, and not supplant, other Federal, State, and local 

funds expended for the purpose described in section 5532(a).¿ 

øSubpart 14—Grants to Improve the Mental 

Health of Children¿ 

øSEC. 5541. ø20 U.S.C. 7269¿ GRANTS FOR THE INTEGRATION OF 

SCHOOLS AND MENTAL HEALTH SYSTEMS. 

ø(a) AUTHORIZATION.—The Secretary is authorized to award 

grants to, or enter into contracts or cooperative agreements with, 

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tal health care by developing innovative programs to link local 

school systems with the local mental health system. 

ø(b) DURATION.—With respect to a grant, contract, or cooperative agreement awarded or entered into under this section, the period during which payments under such grant, contract or agreement are made to the recipient may not exceed 5 years. 

ø(c) USE OF FUNDS.—A State educational agency, local educational agency, or Indian tribe that receives a grant, contract, or 

cooperative agreement under this section shall use amounts made 

available through such grant, contract, or cooperative agreement 

for the following: 

ø(1) To enhance, improve, or develop collaborative efforts 

between school-based service systems and mental health service systems to provide, enhance, or improve prevention, diagnosis, and treatment services to students. 

ø(2) To enhance the availability of crisis intervention services, appropriate referrals for students potentially in need of 

mental health services, and ongoing mental health services. 

ø(3) To provide training for the school personnel and mental health professionals who will participate in the program 

carried out under this section. 

ø(4) To provide technical assistance and consultation to 

school systems and mental health agencies and families participating in the program carried out under this section. 

ø(5) To provide linguistically appropriate and culturally 

competent services. 

ø(6) To evaluate the effectiveness of the program carried 

out under this section in increasing student access to quality 

mental health services, and make recommendations to the Secretary about sustainability of the program. 

ø(d) APPLICATIONS.—To be eligible to receive a grant, contract, 

or cooperative agreement under this section, a State educational 

agency, local educational agency, or Indian tribe shall submit an 

application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. 

The application shall include each of the following: 

ø(1) A description of the program to be funded under the 

grant, contract, or cooperative agreement. 

ø(2) A description of how such program will increase access to quality mental health services for students. 

ø(3) A description of how the applicant will establish a crisis intervention program to provide immediate mental health 

services to the school community when necessary. 

ø(4) An assurance that— 

ø(A) persons providing services under the grant, contract, or cooperative agreement are adequately trained to 

provide such services; 

ø(B) the services will be provided in accordance with 

subsection (c); 

ø(C) teachers, principal administrators, and other 

school personnel are aware of the program; and 

ø(D) parents of students participating in services 

under this section will be involved in the design and implementation of the services. 

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ø(5) An explanation of how the applicant will support and 

integrate existing school-based services with the program to 

provide appropriate mental health services for students. 

ø(6) An explanation of how the applicant will establish a 

program that will support students and the school in maintaining an environment conducive to learning. 

ø(e) INTERAGENCY AGREEMENTS.— ø(1) DESIGNATION OF LEAD AGENCY.—The recipient of each 

grant, contract, or cooperative agreement shall designate a 

lead agency to direct the establishment of an interagency 

agreement among local educational agencies, juvenile justice 

authorities, mental health agencies, and other relevant entities 

in the State, in collaboration with local entities and parents 

and guardians of students. 

ø(2) CONTENTS.—The interagency agreement shall ensure 

the provision of the services described in subsection (c), specifying with respect to each agency, authority, or entity— 

ø(A) the financial responsibility for the services; 

ø(B) the conditions and terms of responsibility for the 

services, including quality, accountability, and coordination 

of the services; and 

ø(C) the conditions and terms of reimbursement 

among the agencies, authorities, or entities that are parties to the interagency agreement, including procedures for 

dispute resolution. 

ø(f) EVALUATION.—The Secretary shall evaluate each program 

carried out by a State educational agency, local educational agency, 

or Indian tribe under this section and shall disseminate the findings with respect to each such evaluation to appropriate public and 

private entities. 

ø(g) DISTRIBUTION OF AWARDS.—The Secretary shall ensure 

that grants, contracts, and cooperative agreements awarded or entered into under this section are equitably distributed among the 

geographical regions of the United States and among urban, suburban, and rural populations. 

ø(h) RULE OF CONSTRUCTION.—Nothing in Federal law shall be 

construed— 

ø(1) to prohibit an entity involved with a program carried 

out under this section from reporting a crime that is committed 

by a student to appropriate authorities; or 

ø(2) to prevent State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a 

student. 

ø(i) SUPPLEMENT, NOT SUPPLANT.—Any services provided 

through programs carried out under this section must supplement, 

and not supplant, existing mental health services, including any 

services required to be provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).¿ 

øSEC. 5542. ø20 U.S.C. 7269a¿ PROMOTION OF SCHOOL READINESS 

THROUGH EARLY CHILDHOOD EMOTIONAL AND SOCIAL 

DEVELOPMENT. 

ø(a) AUTHORIZATION.—The Secretary, in consultation with the 

Secretary of Health and Human Services, may award grants (to be 

known as ‘‘Foundations for Learning Grants’’) to local educational 

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agencies, local councils, community-based organizations, and other 

public or nonprofit private entities to assist eligible children to become ready for school. 

ø(b) APPLICATIONS.—To be eligible to receive a grant under this 

section, a local educational agency, local council, community-based 

organization, or other public or nonprofit private entity, or a combination of such entities, shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. The application 

shall include each of the following: 

ø(1) A description of the population that the applicant intends to serve and the types of services to be provided under 

the grant. 

ø(2) A description of the manner in which services under 

the grant will be coordinated with existing similar services provided by public and nonprofit private entities within the State. 

ø(3) An assurance that— 

ø(A) services under the grant shall be provided by or 

under the supervision of qualified professionals with expertise in early childhood development; 

ø(B) such services shall be culturally competent; 

ø(C) such services shall be provided in accordance with 

subsection (c); 

ø(D) funds received under this section shall be used to 

supplement, and not supplant, non-Federal funds; and 

ø(E) parents of students participating in services 

under this section will be involved in the design and implementation of the services. 

ø(c) USES OF FUNDS.—A local educational agency, local council, 

community-based organization, or other public or nonprofit private 

entity that receives funds under this section may use such funds 

to benefit eligible children, for one or more of the following: 

ø(1) To deliver services to eligible children and their families that foster eligible children’s emotional, behavioral, and social development and take into consideration the characteristics described in subsection (f)(1). 

ø(2) To coordinate and facilitate access by eligible children 

and their families to the services available through community 

resources, including mental health, physical health, substance 

abuse, educational, domestic violence prevention, child welfare, 

and social services. 

ø(3) To provide ancillary services such as transportation or 

child care in order to facilitate the delivery of any other services or activities authorized by this section. 

ø(4) To develop or enhance early childhood community 

partnerships and build toward a community system of care 

that brings together child-serving agencies or organizations to 

provide individualized supports for eligible children and their 

families. 

ø(5) To evaluate the success of strategies and services provided pursuant to this section in promoting young children’s 

successful entry to school and to maintain data systems required for effective evaluations. 

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ø(6) To pay for the expenses of administering the activities 

authorized under this section, including assessment of children’s eligibility for services. 

ø(d) LIMITATIONS.— 

ø(1) SERVICES NOT OTHERWISE FUNDED.—A local educational agency, local council, community-based organization, 

or other public or nonprofit private entity may use funds under 

this section only to pay for services that cannot be paid for 

using other Federal, State, or local public resources or through 

private insurance. 

ø(2) ADMINISTRATIVE EXPENSES.—A grantee may not use 

more than 3 percent of the amount of the grant to pay the administrative expenses described in subsection (c)(6). 

ø(e) EVALUATIONS.—The Secretary shall directly evaluate, or 

enter into a contract for an outside evaluation of, each program 

carried out under this section and shall disseminate the findings 

with respect to such evaluation to appropriate public and private 

entities. 

ø(f) DEFINITIONS.—In this section: 

ø(1) ELIGIBLE CHILD.—The term ‘‘eligible child’’ means a 

child who has not attained the age of 7 years, and to whom two 

or more of the following characteristics apply: 

ø(A) The child has been abused, maltreated, or neglected. 

ø(B) The child has been exposed to violence. 

ø(C) The child has been homeless. 

ø(D) The child has been removed from child care, 

Head Start, or preschool for behavioral reasons or is at 

risk of being so removed. 

ø(E) The child has been exposed to parental depression or other mental illness. 

ø(F) The family income with respect to the child is 

below 200 percent of the poverty line. 

ø(G) The child has been exposed to parental substance 

abuse. 

ø(H) The child has had early behavioral and peer relationship problems. 

ø(I) The child had a low birth weight. 

ø(J) The child has a cognitive deficit or developmental 

disability. 

ø(2) LOCAL COUNCIL.—The term ‘‘local council’’ means a 

council that is established or designated by a local government 

entity, Indian tribe, regional corporation, or native Hawaiian 

entity, as appropriate, which is composed of representatives of 

local agencies directly affected by early learning programs, parents, key community leaders, and other individuals concerned 

with early learning issues in the locality, such as elementary 

education, child care resource and referral services, early 

learning opportunities, child care, and health services. 

ø(3) PROVIDER OF EARLY CHILDHOOD SERVICES.—The term 

‘‘provider of early childhood services’’ means a public or private 

entity that has regular contact with young children, including 

child welfare agencies, child care providers, Head Start and 

Early Head Start providers, preschools, kindergartens, librarmstockstill on DSK4VPTVN1PROD with HEARINGS

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ies, mental health professionals, family courts, homeless shelters, and primary care providers.¿ 

øSubpart 15—Arts in Education¿ 

øSEC. 5551. ø20 U.S.C. 7271¿ ASSISTANCE FOR ARTS EDUCATION. 

ø(a) PURPOSES.—The purposes of this subpart are the following: 

ø(1) To support systemic education reform by strengthening arts education as an integral part of the elementary 

school and secondary school curriculum. 

ø(2) To help ensure that all students meet challenging 

State academic content standards and challenging State student academic achievement standards in the arts. 

ø(3) To support the national effort to enable all students 

to demonstrate competence in the arts. 

ø(b) AUTHORITY.—The Secretary is authorized to make grants 

to, or enter into contracts or cooperative agreements with, eligible 

entities described in subsection (c). 

ø(c) ELIGIBLE ENTITIES.—The Secretary may make assistance 

available under subsection (b) to each of the following eligible entities: 

ø(1) State educational agencies. 

ø(2) Local educational agencies. 

ø(3) Institutions of higher education. 

ø(4) Museums or other cultural institutions. 

ø(5) Any other public or private agencies, institutions, or 

organizations. 

ø(d) USE OF FUNDS.—Assistance made available under this 

subpart may be used for any of the following: 

ø(1) Research on arts education. 

ø(2) Planning, developing, acquiring, expanding, improving, or disseminating information about model school-based 

arts education programs. 

ø(3) The development of model State arts education assessments based on State academic achievement standards. 

ø(4) The development and implementation of curriculum 

frameworks for arts education. 

ø(5) The development of model inservice professional development programs for arts educators and other instructional 

staff. 

ø(6) Supporting collaborative activities with Federal agencies or institutions involved in arts education, arts educators, 

and organizations representing the arts, including State and 

local arts agencies involved in arts education. 

ø(7) Supporting model projects and programs in the performing arts for children and youth through arrangements 

made with the John F. Kennedy Center for the Performing 

Arts. 

ø(8) Supporting model projects and programs by Very Special Arts which assure the participation in mainstream settings 

in arts and education programs of individuals with disabilities. 

ø(9) Supporting model projects and programs to integrate 

arts education into the regular elementary school and secondary school curriculum. 

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ø(10) Other activities that further the purposes of this subpart. 

ø(e) SPECIAL RULE.—If the amount made available to the Secretary to carry out this subpart for any fiscal year is $15,000,000 

or less, then such amount shall only be available to carry out the 

activities described in paragraphs (7) and (8) of subsection (d). 

ø(f) CONDITIONS.—As conditions of receiving assistance made 

available under this subpart, the Secretary shall require each entity receiving such assistance— 

ø(1) to coordinate, to the extent practicable, each project or 

program carried out with such assistance with appropriate activities of public or private cultural agencies, institutions, and 

organizations, including museums, arts education associations, 

libraries, and theaters; and 

ø(2) to use such assistance only to supplement, and not to 

supplant, any other assistance or funds made available from 

non-Federal sources for the activities assisted under this subpart. 

ø(g) CONSULTATION.—In carrying out this subpart, the Secretary shall consult with Federal agencies or institutions, arts educators (including professional arts education associations), and organizations representing the arts (including State and local arts 

agencies involved in arts education).¿ 

øSubpart 16—Parental Assistance and Local 

Family Information Centers¿ 

øSEC. 5561. ø20 U.S.C. 7273¿ PURPOSES. 

øThe purposes of this subpart are the following: 

ø(1) To provide leadership, technical assistance, and financial support to nonprofit organizations (including statewide 

nonprofit organizations) and local educational agencies to help 

the organizations and agencies implement successful and effective parental involvement policies, programs, and activities 

that lead to improvements in student academic achievement. 

ø(2) To strengthen partnerships among parents (including 

parents of children from birth through age 5), teachers, principals, administrators, and other school personnel in meeting 

the educational needs of children. 

ø(3) To develop and strengthen the relationship between 

parents and their children’s school. 

ø(4) To further the developmental progress of children assisted under this subpart. 

ø(5) To coordinate activities funded under this subpart 

with parental involvement initiatives funded under section 

1118 and other provisions of this Act. 

ø(6) To provide a comprehensive approach to improving 

student learning, through coordination and integration of Federal, State, and local services and programs.¿ 

øSEC. 5562. ø20 U.S.C. 7273a¿ GRANTS AUTHORIZED. 

ø(a) PARENTAL INFORMATION AND RESOURCE CENTERS.—The 

Secretary is authorized to award grants in each fiscal year to nonprofit organizations (including statewide nonprofit organizations), 

and consortia of such organizations and local educational agencies, 

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to establish school-linked or school-based parental information and 

resource centers that provide comprehensive training, information, 

and support to— 

ø(1) parents of children enrolled in elementary schools and 

secondary schools; 

ø(2) individuals who work with the parents of children enrolled in elementary schools and secondary schools; 

ø(3) State educational agencies, local educational agencies, 

schools, organizations that support family-school partnerships 

(such as parent-teacher associations and Parents as Teachers 

organizations), and other organizations that carry out parent 

education and family involvement programs; and 

ø(4) parents of children from birth through age 5. 

ø(b) GEOGRAPHIC DISTRIBUTION.—In awarding grants under 

this subpart, the Secretary shall, to the extent practicable, ensure 

that such grants are distributed in all geographic regions of the 

United States.¿ 

øSEC. 5563. ø20 U.S.C. 7273b¿ APPLICATIONS. 

ø(a) SUBMISSION.—Each nonprofit organization (including a 

statewide nonprofit organization), or a consortia of such an organization and a local educational agency, that desires a grant under 

this subpart shall submit an application to the Secretary at such 

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

Secretary may require. 

ø(b) CONTENTS.—Each application submitted under subsection 

(a), at a minimum, shall include assurances that the organization 

or consortium will— 

ø(1)(A) be governed by a board of directors the membership of which includes parents; or 

ø(B) be an organization or consortium that represents the 

interests of parents; 

ø(2) establish a special advisory committee the membership of which includes— 

ø(A) parents of children enrolled in elementary schools 

and secondary schools, who shall constitute a majority of 

the members of the special advisory committee; 

ø(B) representatives of education professionals with 

expertise in improving services for disadvantaged children; 

and 

ø(C) representatives of local elementary schools and 

secondary schools, including students and representatives 

from local youth organizations; 

ø(3) use at least 50 percent of the funds received under 

this subpart in each fiscal year to serve areas with high concentrations of low-income families, in order to serve parents 

who are severely educationally or economically disadvantaged; 

ø(4) operate a center of sufficient size, scope, and quality 

to ensure that the center is adequate to serve the parents in 

the area; 

ø(5) serve both urban and rural areas; 

ø(6) design a center that meets the unique training, information, and support needs of parents of children enrolled in elementary schools and secondary schools, particularly such parents who are educationally or economically disadvantaged; 

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ø(7) demonstrate the capacity and expertise to conduct the 

effective training, information, and support activities for which 

assistance is sought; 

ø(8) network with— 

ø(A) local educational agencies and schools; 

ø(B) parents of children enrolled in elementary schools 

and secondary schools; 

ø(C) parent training and information centers assisted 

under section 671 of the Individuals with Disabilities Education Act; 

ø(D) clearinghouses; and 

ø(E) other organizations and agencies; 

ø(9) focus on serving parents of children enrolled in elementary schools and secondary schools who are parents of lowincome, minority, and limited English proficient children; 

ø(10) use at least 30 percent of the funds received under 

this subpart in each fiscal year to establish, expand, or operate 

Parents as Teachers programs, Home Instruction for Preschool 

Youngsters programs, or other early childhood parent education programs; 

ø(11) provide assistance to parents in areas such as understanding State and local standards and measures of student 

and school academic achievement; 

ø(12) work with State educational agencies and local educational agencies to determine parental needs and the best 

means for delivery of services; 

ø(13) identify and coordinate Federal, State, and local 

services and programs that support improved student learning, 

including programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head 

Start programs, adult education, and job training; and 

ø(14) work with and foster partnerships with other agencies that provide programs and deliver services described in 

paragraph (13) to make such programs and services more accessible to children and families.¿ 

øSEC. 5564. ø20 U.S.C. 7273c¿ USES OF FUNDS. 

ø(a) IN GENERAL.—Grant funds received under this subpart 

shall be used for one or more of the following: 

ø(1) To assist parents in participating effectively in their 

children’s education and to help their children meet State and 

local standards, such as assisting parents— 

ø(A) to engage in activities that will improve student 

academic achievement, including understanding the accountability systems in place within their State educational agency and local educational agency and understanding their children’s educational academic achievement in comparison to State and local standards; 

ø(B) to provide follow-up support for their children’s 

educational achievement; 

ø(C) to communicate effectively with teachers, principals, counselors, administrators, and other school personnel; 

ø(D) to become active participants in the development, 

implementation, and review of school-parent compacts, 

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parent involvement policies, and school planning and improvement; 

ø(E) to participate in the design and provision of assistance to students who are not making adequate academic progress; 

ø(F) to participate in State and local decisionmaking; 

and 

ø(G) to train other parents (such as training related to 

Parents as Teachers activities). 

ø(2) To obtain information about the range of options, programs, services, and resources available at the national, State, 

and local levels to assist parents and school personnel who 

work with parents. 

ø(3) To help the parents learn and use the technology applied in their children’s education. 

ø(4) To plan, implement, and fund activities for parents 

that coordinate the education of their children with other Federal, State, and local services and programs that serve their 

children or their families. 

ø(5) To provide support for State or local educational personnel, if the participation of such personnel will further the 

activities assisted under the grant. 

ø(6) To coordinate and integrate early childhood programs 

with school-age programs. 

ø(b) PERMISSIVE ACTIVITIES.—Grant funds received under this 

subpart may be used to assist schools with activities including one 

or more of the following: 

ø(1) Developing and implementing the schools’ plans or activities under sections 1118 and 1119. 

ø(2) Developing and implementing school improvement 

plans, including addressing problems that develop in the implementation of the schools’ plans or activities under sections 

1118 and 1119. 

ø(3) Providing information about assessment and individual results to parents in a manner and a language the family can understand. 

ø(4) Coordinating the efforts of Federal, State, and local 

parent education and family involvement initiatives. 

ø(5) Providing training, information, and support to— 

ø(A) State educational agencies; 

ø(B) local educational agencies and schools, especially 

low-performing local educational agencies and schools; and 

ø(C) organizations that support family-school partnerships.¿ 

øSEC. 5565. ø20 U.S.C. 7273d¿ ADMINISTRATIVE PROVISIONS. 

ø(a) MATCHING FUNDS FOR GRANT RENEWAL.—For each fiscal 

year after the first fiscal year in which an organization or consortium receives assistance under this subpart, the organization or 

consortium shall demonstrate in the application submitted for such 

fiscal year, that a portion of the services provided by the organization or consortium is supported through non-Federal contributions, 

which contributions may be in cash or in kind. 

ø(b) SUBMISSION OF INFORMATION.— 

ø(1) IN GENERAL.—Each organization or consortium receiving assistance under this subpart shall submit to the Secmstockstill on DSK4VPTVN1PROD with HEARINGS

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retary, on an annual basis, information concerning the parental information and resource centers assisted under this subpart, including the following information: 

ø(A) The number of parents (including the number of 

minority and limited English proficient parents) who receive information and training. 

ø(B) The types and modes of training, information, 

and support provided under this subpart. 

ø(C) The strategies used to reach and serve parents of 

minority and limited English proficient children, parents 

with limited literacy skills, and other parents in need of 

the services provided under this subpart. 

ø(D) The parental involvement policies and practices 

used by the center and an evaluation of whether such policies and practices are effective in improving home-school 

communication, student academic achievement, student 

and school academic achievement, and parental involvement in school planning, review, and improvement. 

ø(E) The effectiveness of the activities that local educational agencies and schools are carrying out, with regard 

to parental involvement and other activities assisted under 

this Act, that lead to improved student academic achievement and improved student and school academic achievement. 

ø(2) DISSEMINATION.—The Secretary shall disseminate annually to Congress and the public the information that each organization or consortium submits under paragraph (1). 

ø(c) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance, by grant or contract, for the establishment, development, and coordination of parent training, information, and support programs and parental information and resource centers. 

ø(d) RULE OF CONSTRUCTION.—Nothing in this subpart shall be 

construed to prohibit a parental information and resource center 

from— 

ø(1) having its employees or agents meet with a parent at 

a site that is not on school grounds; or 

ø(2) working with another agency that serves children. 

ø(e) PARENTAL RIGHTS.—Notwithstanding any other provision 

of this subpart— 

ø(1) no person (including a parent who educates a child at 

home, a public school parent, or a private school parent) shall 

be required to participate in any program of parent education 

or developmental screening under this subpart; and 

ø(2) no program or center assisted under this subpart shall 

take any action that infringes in any manner on the right of 

a parent to direct the education of their children. 

ø(f) CONTINUATION OF AWARDS.—The Secretary shall use funds 

made available under this subpart to continue to make grant or 

contract payments to each entity that was awarded a multiyear 

grant or contract under title IV of the Goals 2000: Educate America 

Act (as such title was in effect on the day before the date of enactment of the No Child Left Behind Act of 2001) for the duration of 

the grant or contract award.¿ 

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øSEC. 5566. ø20 U.S.C. 7273e¿ LOCAL FAMILY INFORMATION CENTERS. 

ø(a) IN GENERAL.—If the amount made available to carry out 

this subpart for a fiscal year is more than $50,000,000, the Secretary is authorized to award 50 percent of the amount that exceeds $50,000,000 as grants to, and enter into contracts and cooperative agreements with, local nonprofit parent organizations to enable the organizations to support local family information centers 

that help ensure that parents of students in elementary schools 

and secondary schools assisted under this subpart have the training, information, and support the parents need to enable the parents to participate effectively in their children’s early childhood 

education, in their children’s elementary and secondary education, 

and in helping their children to meet challenging State academic 

content and student academic achievement standards. 

ø(b) LOCAL NONPROFIT PARENT ORGANIZATION DEFINED.—In 

this section, the term ‘‘local nonprofit parent organization’’ means 

a private nonprofit organization (other than an institution of higher 

education) that— 

ø(1) has a demonstrated record of working with low-income 

individuals and parents; 

ø(2)(A) has a board of directors, the majority of whom are 

parents of students in elementary schools and secondary 

schools assisted under part A of title I and located in the geographic area to be served by a local family information center; 

or 

ø(B) has a special governing committee to direct and implement a local family information center, a majority of the 

members of whom are parents of students in schools assisted 

under part A of title I; and 

ø(3) is located in a community with elementary schools 

and secondary schools that receive funds under part A of title 

I, and is accessible to the families of students in those 

schools.¿ 

øSubpart 17—Combatting Domestic Violence¿ 

øSEC. 5571. ø20 U.S.C. 7275¿ GRANTS TO COMBAT THE IMPACT OF EXPERIENCING OR WITNESSING DOMESTIC VIOLENCE ON ELEMENTARY AND SECONDARY SCHOOL CHILDREN. 

ø(a) DEFINITIONS.—In this section: 

ø(1) DOMESTIC VIOLENCE.—The term ‘‘domestic violence’’ 

has the meaning given that term in section 2003 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

3796gg–2). 

ø(2) EXPERT.—The term ‘‘expert’’ means— 

ø(A) an expert on domestic violence, sexual assault, 

and child abuse from the educational, legal, youth, mental 

health, substance abuse, or victim advocacy field; and 

ø(B) a State or local domestic violence coalition or 

community-based youth organization. 

ø(3) WITNESS DOMESTIC VIOLENCE.— 

ø(A) IN GENERAL.—The term ‘‘witness domestic violence’’ means to witness— 

ø(i) an act of domestic violence that constitutes actual or attempted physical assault; or 

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ø(ii) a threat or other action that places the victim 

in fear of domestic violence. 

ø(B) WITNESS.—In subparagraph (A), the term ‘‘witness’’ means— 

ø(i) to directly observe an act, threat, or action described in subparagraph (A), or the aftermath of that 

act, threat, or action; or 

ø(ii) to be within earshot of an act, threat, or action described in subparagraph (A), or the aftermath 

of that act, threat, or action. 

ø(b) GRANTS AUTHORIZED.— ø(1) AUTHORITY.—The Secretary is authorized to award 

grants to local educational agencies that work with experts to 

enable the elementary schools and secondary schools served by 

the local educational agency— 

ø(A) to provide training to school administrators, faculty, and staff, with respect to issues concerning children 

who experience domestic violence in dating relationships 

or who witness domestic violence, and the impact of the violence on the children; 

ø(B) to provide educational programming for students 

regarding domestic violence and the impact of experiencing 

or witnessing domestic violence on children; 

ø(C) to provide support services for students and 

school personnel to develop and strengthen effective prevention and intervention strategies with respect to issues 

concerning children who experience domestic violence in 

dating relationships or who witness domestic violence, and 

the impact of the violence on the children; and 

ø(D) to develop and implement school system policies 

regarding appropriate and safe responses to, identification 

of, and referral procedures for, students who are experiencing or witnessing domestic violence. 

ø(2) AWARD BASIS.—The Secretary is authorized to award 

grants under this section— 

ø(A) on a competitive basis; and 

ø(B) in a manner that ensures that such grants are 

equitably distributed among local educational agencies located in rural, urban, and suburban areas. 

ø(3) POLICY DISSEMINATION.—The Secretary shall disseminate to local educational agencies any Department policy guidance regarding the prevention of domestic violence and the impact on children of experiencing or witnessing domestic violence. 

ø(c) USES OF FUNDS.—Funds made available to carry out this 

subpart may be used for one or more of the following purposes: 

ø(1) To provide training for elementary school and secondary school administrators, faculty, and staff that addresses 

issues concerning elementary school and secondary school students who experience domestic violence in dating relationships 

or who witness domestic violence, and the impact of such violence on those students. 

ø(2) To provide education programs for elementary school 

and secondary school students that are developmentally appropriate for the students’ grade levels and are designed to meet 

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any unique cultural and language needs of the particular student populations. 

ø(3) To develop and implement elementary school and secondary school system policies regarding— 

ø(A) appropriate and safe responses to, identification 

of, and referral procedures for, students who are experiencing or witnessing domestic violence; and 

ø(B) to develop and implement policies on reporting 

and referral procedures for those students. 

ø(4) To provide the necessary human resources to respond 

to the needs of elementary school and secondary school students and personnel who are faced with the issue of domestic 

violence, such as a resource person who is either on-site or oncall and who is an expert. 

ø(5) To provide media center materials and educational 

materials to elementary schools and secondary schools that address issues concerning children who experience domestic violence in dating relationships or who witness domestic violence, 

and the impact of the violence on those children. 

ø(6) To conduct evaluations to assess the impact of programs and policies assisted under this subpart in order to enhance the development of the programs. 

ø(d) CONFIDENTIALITY.—Policies, programs, training materials, 

and evaluations developed and implemented under subsection (c) 

shall address issues of safety and confidentiality for the victim and 

the victim’s family in a manner consistent with applicable Federal 

and State laws. 

ø(e) APPLICATION.—To be eligible for a grant under this section 

for a fiscal year, a local educational agency, in consultation with an 

expert, shall submit an application to the Secretary at such time, 

in such manner, and containing such information as the Secretary 

may require. The application shall include each of the following: 

ø(1) A description of the need for funds provided under the 

grant and the plan for implementation of any of the activities 

described in subsection (c). 

ø(2) A description of how the experts will work in consultation and collaboration with the local educational agency. 

ø(3) Measurable objectives for, and expected results from, 

the use of the funds provided under the grant. 

ø(4) Provisions for appropriate remuneration for collaborating partners.¿ 

øSubpart 18—Healthy, High-Performance Schools¿ 

øSEC. 5581. ø20 U.S.C. 7277¿ GRANT PROGRAM AUTHORIZED. 

øThe Secretary, in consultation with the Secretary of Energy 

and the Administrator of the Environmental Protection Agency, is 

authorized to award grants to State educational agencies to permit 

such State educational agencies to carry out section 5582.¿ 

øSEC. 5582. ø20 U.S.C. 7277a¿ STATE USES OF FUNDS. 

ø(a) SUBGRANTS.— 

ø(1) IN GENERAL.—A State educational agency receiving a 

grant under this subpart shall use funds made available under 

the grant to award subgrants to local educational agencies to 

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permit such local educational agencies to carry out the activities described in section 5583. 

ø(2) LIMITATION.—A State educational agency shall award 

subgrants under this subsection to local educational agencies 

that are the neediest, as determined by the State, and that 

have made a commitment to develop healthy, high-performance 

school buildings in accordance with the plan developed and approved under paragraph (3)(A). 

ø(3) IMPLEMENTATION.— ø(A) PLANS.—A State educational agency shall award 

subgrants under this subsection only to local educational 

agencies that, in consultation with the State educational 

agency and State agencies with responsibilities relating to 

energy and health, have developed plans that the State 

educational agency determines to be feasible and appropriate in order to achieve the purposes for which the subgrants are made. 

ø(B) SUPPLEMENTING GRANT FUNDS.—The State educational agency shall encourage local educational agencies 

that receive subgrants under this subsection to supplement their subgrant funds with funds from other sources 

in order to implement their plans. 

ø(b) ADMINISTRATION.—A State educational agency receiving a 

grant under this subpart shall use the grant funds made available 

under this subpart for one or more of the following: 

ø(1) To evaluate compliance by local educational agencies 

with the requirements of this subpart. 

ø(2) To distribute information and materials on healthy, 

high-performance school buildings for both new and existing 

facilities. 

ø(3) To organize and conduct programs for school board 

members, school district personnel, and others to disseminate 

information on healthy, high-performance school buildings. 

ø(4) To provide technical services and assistance in planning and designing healthy, high-performance school buildings. 

ø(5) To collect and monitor information pertaining to 

healthy, high-performance school building projects.¿ 

øSEC. 5583. ø20 U.S.C. 7277b¿ LOCAL USES OF FUNDS. 

ø(a) IN GENERAL.—A local educational agency that receives a 

subgrant under section 5582(a) shall use the subgrant funds to 

plan and prepare for healthy, high-performance school building 

projects that— 

ø(1) reduce energy use to at least 30 percent below that of 

a school constructed in compliance with standards prescribed 

in chapter 8 of the 2000 International Energy Conservation 

Code, or a similar State code intended to achieve substantially 

equivalent results; 

ø(2) meet Federal and State health and safety codes; and 

ø(3) support healthful, energy efficient, and environmentally sound practices. 

ø(b) USE OF FUNDS.—A local educational agency that receives 

a subgrant under section 5582(a) shall use funds for one or more 

of the following: 

ø(1) To develop a comprehensive energy audit of the energy consumption characteristics of a building and the need for 

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additional energy conservation measures necessary to allow 

schools to meet the guidelines set out in subsection (a). 

ø(2) To produce a comprehensive analysis of building strategies, designs, materials, and equipment that— 

ø(A) are cost effective, produce greater energy efficiency, and enhance indoor air quality; and 

ø(B) can be used when conducting school construction 

and renovation or purchasing materials and equipment. 

ø(3) To obtain research and provide technical services and 

assistance in planning and designing healthy, high-performance school buildings, including developing a timeline for implementation of such plans.¿ 

øSEC. 5584. ø20 U.S.C. 7277c¿ REPORT TO CONGRESS. 

øThe Secretary shall conduct a biennial review of State actions 

implementing this subpart and carrying out the plans developed 

under this subpart through State and local funding, and shall submit a report to Congress on the results of such reviews.¿ 

øSEC. 5585. ø20 U.S.C. 7277d¿ LIMITATIONS. 

øNo funds received under this subpart may be used for any of 

the following: 

ø(1) Payment of maintenance of costs in connection with 

any projects constructed in whole or in part with Federal funds 

provided under this subpart. 

ø(2) Construction, renovation, or repair of school facilities. 

ø(3) Construction, renovation, repair, or acquisition of a 

stadium or other facility primarily used for athletic contests or 

exhibitions, or other events for which admission is charged to 

the general public.¿ 

øSEC. 5586. ø20 U.S.C. 7277e¿ HEALTHY, HIGH-PERFORMANCE SCHOOL 

BUILDING DEFINED. 

øIn this subpart, the term ‘‘healthy, high-performance school 

building’’ means a school building in which the design, construction, operation, and maintenance— 

ø(1) use energy-efficient and affordable practices and materials; 

ø(2) are cost-effective; 

ø(3) enhance indoor air quality; and 

ø(4) protect and conserve water.¿ 

øSubpart 19—Grants for Capital Expenses of Providing Equitable Services for Private School 

Students¿ 

øSEC. 5591. ø20 U.S.C. 7279¿ GRANT PROGRAM AUTHORIZED. 

øThe Secretary is authorized to award grants to State educational agencies, from allotments made under section 5593, to enable the State educational agencies to award subgrants to local 

educational agencies to pay for capital expenses in accordance with 

this subpart.¿ 

øSEC. 5592. ø20 U.S.C. 7279a¿ USES OF FUNDS. 

øA local educational agency that receives a subgrant under 

this subpart shall use the subgrant funds only to pay for capital 

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expenses incurred in providing equitable services for private school 

students under section 1120.¿ 

øSEC. 5593. ø20 U.S.C. 7279b¿ ALLOTMENTS TO STATES. 

øFrom the funds made available to carry out this subpart for 

a fiscal year, the Secretary shall allot to each State an amount that 

bears the same ratio to the funds made available as the number 

of private school students who received services under part A of 

title I in the State in the most recent year for which data, satisfactory to the Secretary, are available bears to the number of such 

students in all States in such year.¿ 

øSEC. 5594. ø20 U.S.C. 7279c¿ SUBGRANTS TO LOCAL EDUCATIONAL 

AGENCIES. 

ø(a) APPLICATIONS.—A local educational agency that desires to 

receive a subgrant under this subpart shall submit an application 

to the State educational agency involved at such time, in such 

manner, and containing such information as the State educational 

agency may require. 

ø(b) DISTRIBUTION.—A State educational agency shall award 

subgrants to local educational agencies within the State based on 

the degree of need set forth in their respective applications submitted under subsection (a).¿ 

øSEC. 5595. ø20 U.S.C. 7279d¿ CAPITAL EXPENSES DEFINED. 

øIn this subpart, the term ‘‘capital expenses’’ means— 

ø(1) expenditures for noninstructional goods and services, 

such as the purchase, lease, or renovation of real and personal 

property, including mobile educational units and leasing of 

neutral sites or spaces; 

ø(2) insurance and maintenance costs; 

ø(3) transportation; and 

ø(4) other comparable goods and services.¿ 

øSEC. 5596. ø20 U.S.C. 7279e¿ TERMINATION. 

øThe authority provided by this subpart terminates effective 

October 1, 2003.¿ 

øSubpart 20—Additional Assistance for Certain 

Local Educational Agencies Impacted by Federal Property Acquisition¿ 

øSEC. 5601. ø20 U.S.C. 7281¿ RESERVATION. 

øThe Secretary is authorized to provide additional assistance 

to meet special circumstances relating to the provision of education 

in local educational agencies eligible to receive assistance under 

section 8002.¿ 

øSEC. 5602. ø20 U.S.C. 7281a¿ ELIGIBILITY. 

øA local educational agency is eligible to receive additional assistance under this subpart only if such agency— 

ø(1) received a payment under both section 8002 and section 8003(b) for fiscal year 1996 and is eligible to receive payments under those sections for the year of application; 

ø(2) provided a free public education to children described 

under subparagraph (A), (B), or (D) of section 8003(a)(1); 

ø(3) had a military installation located within the geographic boundaries of the local educational agency that was 

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closed as a result of base closure or realignment and, at the 

time at which the agency is applying for a payment under this 

subpart, the agency does not have a military installation located within its geographic boundaries; 

ø(4) remains responsible for the free public education of 

children residing in housing located on Federal property within 

the boundaries of the closed military installation but whose 

parents are on active duty in the uniformed services and assigned to a military activity located within the boundaries of 

an adjoining local educational agency; and 

ø(5) demonstrates to the satisfaction of the Secretary that 

such agency’s per-pupil revenue derived from local sources for 

current expenditures is not less than that revenue for the preceding fiscal year.¿ 

øSEC. 5603. ø20 U.S.C. 7281b¿ MAXIMUM AMOUNT. 

ø(a) MAXIMUM AMOUNT.—The maximum amount that a local 

educational agency is eligible to receive under this subpart for any 

fiscal year, when combined with its payment under section 8002(b), 

shall not be more than 50 percent of the maximum amount determined under section 8002(b). 

ø(b) INSUFFICIENT FUNDS.—If funds appropriated under section 

5401 are insufficient to pay the amount determined under subsection (a), the Secretary shall ratably reduce the payment to each 

local educational agency eligible under this subpart. 

ø(c) EXCESS FUNDS.—If funds appropriated under section 5401 

are in excess of the amount determined under subsection (a), the 

Secretary shall ratably distribute any excess funds to all local educational agencies eligible for payment under section 8002(b).¿ 

øSubpart 21—Women’s Educational Equity Act¿ 

øSEC. 5611. ø20 U.S.C. 7283¿ SHORT TITLE AND FINDINGS. 

ø(a) SHORT TITLE.—This subpart may be cited as the ‘‘Women’s 

Educational Equity Act of 2001’’. 

ø(b) FINDINGS.—Congress finds that— 

ø(1) since the enactment of title IX of the Education 

Amendments of 1972, women and girls have made strides in 

educational achievement and in their ability to avail themselves of educational opportunities; 

ø(2) because of funding provided under the Women’s Educational Equity Act of 2001, more curricula, training, and other 

educational materials concerning educational equity for women 

and girls are available for national dissemination; 

ø(3) teaching and learning practices in the United States 

are frequently inequitable as such practices relate to women 

and girls, for example— 

ø(A) sexual harassment, particularly that experienced 

by girls, undermines the ability of schools to provide a safe 

and equitable learning or workplace environment; 

ø(B) classroom textbooks and other educational materials do not sufficiently reflect the experiences, achievements, or concerns of women and, in most cases, are not 

written by women or persons of color; 

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ø(C) girls do not take as many mathematics and 

science courses as boys, girls lose confidence in their mathematics and science ability as girls move through adolescence, and there are few women role models in the 

sciences; and 

ø(D) pregnant and parenting teenagers are at high 

risk for dropping out of school and existing dropout prevention programs do not adequately address the needs of 

such teenagers; 

ø(4) efforts to improve the quality of public education also 

must include efforts to ensure equal access to quality education 

programs for all women and girls; 

ø(5) Federal support should address not only research and 

development of innovative model curricula and teaching and 

learning strategies to promote gender equity, but should also 

assist schools and local communities implement gender equitable practices; 

ø(6) Federal assistance for gender equity must be tied to 

systemic reform, involve collaborative efforts to implement effective gender practices at the local level, and encourage parental participation; and 

ø(7) excellence in education, high educational achievements and standards, and the full participation of women and 

girls in American society, cannot be achieved without educational equity for women and girls.¿ 

øSEC. 5612. ø20 U.S.C. 7283a¿ STATEMENT OF PURPOSE. 

øIt is the purpose of this subpart— 

ø(1) to promote gender equity in education in the United 

States; 

ø(2) to provide financial assistance to enable educational 

agencies and institutions to meet the requirements of title IX 

of the Educational Amendments of 1972; and 

ø(3) to promote equity in education for women and girls 

who suffer from multiple forms of discrimination based on sex, 

race, ethnic origin, limited English proficiency, disability, or 

age.¿ 

øSEC. 5613. ø20 U.S.C. 7283b¿ PROGRAMS AUTHORIZED. 

ø(a) IN GENERAL.—The Secretary is authorized— 

ø(1) to promote, coordinate, and evaluate gender equity 

policies, programs, activities, and initiatives in all Federal education programs and offices; 

ø(2) to develop, maintain, and disseminate materials, resources, analyses, and research relating to education equity for 

women and girls; 

ø(3) to provide information and technical assistance to assure the effective implementation of gender equity programs; 

ø(4) to coordinate gender equity programs and activities 

with other Federal agencies with jurisdiction over education 

and related programs; 

ø(5) to assist the Director of the Institute of Education 

Sciences in identifying research priorities related to education 

equity for women and girls; and 

ø(6) to perform any other activities consistent with achieving the purposes of this subpart. 

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ø(b) GRANTS AUTHORIZED.— 

ø(1) IN GENERAL.—The Secretary is authorized to award 

grants to, and enter into contracts and cooperative agreements 

with, public agencies, private nonprofit agencies, organizations, 

institutions, student groups, community groups, and individuals, for a period not to exceed 4 years, to— 

ø(A) provide grants to develop model equity programs; 

and 

ø(B) provide funds for the implementation of equity 

programs in schools throughout the Nation. 

ø(2) SUPPORT AND TECHNICAL ASSISTANCE.—To achieve the 

purposes of this subpart, the Secretary is authorized to provide 

support and technical assistance— 

ø(A) to implement effective gender-equity policies and 

programs at all educational levels, including— 

ø(i) assisting educational agencies and institutions 

to implement policies and practices to comply with 

title IX of the Education Amendments of 1972; 

ø(ii) training for teachers, counselors, administrators, and other school personnel, especially preschool 

and elementary school personnel, in gender equitable 

teaching and learning practices; 

ø(iii) leadership training for women and girls to 

develop professional and marketable skills to compete 

in the global marketplace, improve self-esteem, and 

benefit from exposure to positive role models; 

ø(iv) school-to-work transition programs, guidance 

and counseling activities, and other programs to increase opportunities for women and girls to enter a 

technologically demanding workplace and, in particular, to enter highly skilled, high paying careers in 

which women and girls have been underrepresented; 

ø(v) enhancing educational and career opportunities for those women and girls who suffer multiple 

forms of discrimination, based on sex, and on race, 

ethnic origin, limited English proficiency, disability, 

socioeconomic status, or age; 

ø(vi) assisting pregnant students and students 

rearing children to remain in or to return to secondary 

school, graduate, and prepare their preschool children 

to start school; 

ø(vii) evaluating exemplary model programs to assess the ability of such programs to advance educational equity for women and girls; 

ø(viii) introduction into the classroom of textbooks, curricula, and other materials designed to 

achieve equity for women and girls; 

ø(ix) programs and policies to address sexual harassment and violence against women and girls and to 

ensure that educational institutions are free from 

threats to the safety of students and personnel; 

ø(x) nondiscriminatory tests of aptitude and 

achievement and of alternative assessments that 

eliminate biased assessment instruments from use; 

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ø(xi) programs to increase educational opportunities, including higher education, vocational training, 

and other educational programs for low-income 

women, including underemployed and unemployed 

women, and women receiving assistance under a State 

program funded under part A of title IV of the Social 

Security Act; 

ø(xii) programs to improve representation of 

women in educational administration at all levels; and 

ø(xiii) planning, development, and initial implementation of— 

ø(I) comprehensive institutionwide or districtwide evaluation to assess the presence or absence 

of gender equity in educational settings; 

ø(II) comprehensive plans for implementation 

of equity programs in State educational agencies 

and local educational agencies and institutions of 

higher education, including community colleges; 

and 

ø(III) innovative approaches to school-community partnerships for educational equity; and 

ø(B) for research and development, which shall be coordinated with each of the National Education Centers of 

the Institute of Education Sciences to avoid duplication of 

research efforts, designed to advance gender equity nationwide and to help make policies and practices in educational agencies and institutions, and local communities, 

gender equitable, including— 

ø(i) research and development of innovative strategies and model training programs for teachers and 

other education personnel; 

ø(ii) the development of high-quality and challenging assessment instruments that are nondiscriminatory; 

ø(iii) the development and evaluation of model 

curricula, textbooks, software, and other educational 

materials to ensure the absence of gender stereotyping 

and bias; 

ø(iv) the development of instruments and procedures that employ new and innovative strategies to assess whether diverse educational settings are gender 

equitable; 

ø(v) the development of instruments and strategies for evaluation, dissemination, and replication of 

promising or exemplary programs designed to assist 

local educational agencies in integrating gender equity 

in their educational policies and practices; 

ø(vi) updating high-quality educational materials 

previously developed through awards made under this 

subpart; 

ø(vii) the development of policies and programs to 

address and prevent sexual harassment and violence 

to ensure that educational institutions are free from 

threats to safety of students and personnel; 

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ø(viii) the development and improvement of programs and activities to increase opportunity for 

women, including continuing educational activities, vocational education, and programs for low-income 

women, including underemployed and unemployed 

women, and women receiving assistance under the 

State program funded under part A of title IV of the 

Social Security Act; and 

ø(ix) the development of guidance and counseling 

activities, including career education programs, designed to ensure gender equity.¿ 

øSEC. 5614. ø20 U.S.C. 7283c¿ APPLICATIONS. 

øAn application under this subpart shall— 

ø(1) set forth policies and procedures that will ensure a 

comprehensive evaluation of the activities assisted under this 

subpart, including an evaluation of the practices, policies, and 

materials used by the applicant and an evaluation or estimate 

of the continued significance of the work of the project following completion of the award period; 

ø(2) demonstrate how the applicant will address perceptions of gender roles based on cultural differences or stereotypes; 

ø(3) for applications for assistance under section 

5613(b)(1), demonstrate how the applicant will foster partnerships and, where applicable, share resources with State educational agencies, local educational agencies, institutions of 

higher education, community-based organizations (including 

organizations serving women), parent, teacher, and student 

groups, businesses, or other recipients of Federal educational 

funding which may include State literacy resource centers; 

ø(4) for applications for assistance under section 

5613(b)(1), demonstrate how parental involvement in the 

project will be encouraged; and 

ø(5) for applications for assistance under section 

5613(b)(1), describe plans for continuation of the activities assisted under this subpart with local support following completion of the grant period and termination of Federal support 

under this subpart.¿ 

øSEC. 5615. ø20 U.S.C. 7283d¿ CRITERIA AND PRIORITIES. 

ø(a) CRITERIA AND PRIORITIES.— 

ø(1) IN GENERAL.—The Secretary shall establish separate 

criteria and priorities for awards under paragraphs (1) and (2) 

of section 5613(b) to ensure that funds under this subpart are 

used for programs that most effectively will achieve the purposes of this subpart. 

ø(2) CRITERIA.—The criteria described in paragraph (1) 

may include the extent to which the activities assisted under 

this subpart— 

ø(A) address the needs of women and girls of color and 

women and girls with disabilities; 

ø(B) meet locally defined and documented educational 

equity needs and priorities, including compliance with title 

IX of the Education Amendments of 1972; 

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ø(C) are a significant component of a comprehensive 

plan for educational equity and compliance with title IX of 

the Education Amendments of 1972 in the particular 

school district, institution of higher education, vocationaltechnical institution, or other educational agency or institution; and 

ø(D) implement an institutional change strategy with 

long-term impact that will continue as a central activity of 

the applicant after the grant under this subpart has terminated. 

ø(b) PRIORITIES.—In awarding grants under this subpart, the 

Secretary may give special consideration to applications— 

ø(1) submitted by applicants that have not received assistance under this subpart or this subpart’s predecessor authorities; 

ø(2) for projects that will contribute significantly to directly improving teaching and learning practices in the local 

community; and 

ø(3) for projects that will— 

ø(A) provide for a comprehensive approach to enhancing gender equity in educational institutions and agencies; 

ø(B) draw on a variety of resources, including the resources of local educational agencies, community-based organizations, institutions of higher education, and private 

organizations; 

ø(C) implement a strategy with long-term impact that 

will continue as a central activity of the applicant after the 

grant under this subpart has terminated; 

ø(D) address issues of national significance that can be 

duplicated; and 

ø(E) address the educational needs of women and girls 

who suffer multiple or compound discrimination based on 

sex and on race, ethnic origin, disability, or age. 

ø(c) SPECIAL RULE.—To the extent feasible, the Secretary shall 

ensure that grants awarded under this subpart for each fiscal year 

address— 

ø(1) all levels of education, including preschool, elementary 

and secondary education, higher education, vocational education, and adult education; 

ø(2) all regions of the United States; and 

ø(3) urban, rural, and suburban educational institutions. 

ø(d) COORDINATION.—Research activities supported under this 

subpart— 

ø(1) shall be carried out in consultation with the Institute 

of Education Sciences to ensure that such activities are coordinated with and enhance the research and development activities supported by the Institute; and 

ø(2) may include collaborative research activities which 

are jointly funded and carried out with the Institute of Education Sciences. 

ø(e) LIMITATION.—Nothing in this subpart shall be construed 

as prohibiting men and boys from participating in any programs or 

activities assisted with funds under this subpart.¿ 

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øSEC. 5616. ø20 U.S.C. 7283e¿ REPORT. 

øNot later than January 1, 2006, the Secretary shall submit to 

the President and Congress a report on the status of educational 

equity for girls and women in the Nation.¿ 

øSEC. 5617. ø20 U.S.C. 7283f¿ ADMINISTRATION. 

ø(a) EVALUATION AND DISSEMINATION.—Not later than January 

1, 2005, the Secretary shall evaluate and disseminate materials 

and programs developed under this subpart and shall report to 

Congress regarding such evaluation materials and programs. 

ø(b) PROGRAM OPERATIONS.—The Secretary shall ensure that 

the activities assisted under this subpart are administered within 

the Department by a person who has recognized professional qualifications and experience in the field of gender equity education.¿ 

øSEC. 5618. ø20 U.S.C. 7283g¿ AMOUNT. 

øFrom amounts made available to carry out this subpart for a 

fiscal year, not less than two-thirds of such amount shall be used 

to carry out the activities described in section 5613(b)(1).¿ 

PART D—PUBLIC CHARTER SCHOOLS 

SEC. 5401. PURPOSE. 

The purpose of this part is to support the creation, expansion, 

and replication of high-performing charter schools that serve the 

needs and increase the academic achievement of all students. 

SEC. 5402. DISTRIBUTION OF FUNDS. 

From the funds appropriated to carry out this part for a fiscal 

year— 

(1) 85 percent shall be available to carry out subpart 1; and 

(2) 15 percent shall be available to carry out subpart 2. 

Subpart 1—Successful Charter Schools Program 

SEC. 5411. DEFINITIONS. 

In this subpart: 

(1) CHARTER SCHOOL.—The term ‘‘charter school’’ means a 

public school that— 

(A) is governed by a separate and independent board 

that exercises authority over 1 or more schools, including 

authority in the areas of governance, personnel, budget, 

schedule, and instructional program; 

(B) has ongoing, significant autonomy in the areas of— 

(i) the hiring, replacement, and salaries of the 

school staff; 

(ii) the school budget; 

(iii) scheduling formats for the school day and 

school year; 

(iv) the instructional programs of the school, including instructional models and curricula; and 

(v) the management and daily operation of the 

school; 

(C) in accordance with a specific State statute authorizing the granting of charters to schools, is exempt from significant State or local rules that inhibit the flexible opermstockstill on DSK4VPTVN1PROD with HEARINGS

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ation and management of public schools, but not from any 

rules relating to the other requirements of this paragraph; 

(D) is created by a developer as a public school, or is 

adapted by a developer from an existing public school, and 

is operated under public supervision and direction; 

(E) operates in pursuit of a specific set of educational 

objectives determined by the school’s developer and agreed 

to by the charter school authorizer; 

(F) provides 1 or more programs of elementary education, secondary education, or both, including early childhood education, and may also provide adult education, in 

accordance with State law; 

(G) is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and is 

not affiliated with a sectarian school or religious institution; 

(H) does not charge tuition; 

(I) complies with the Age Discrimination Act of 1975 

(42 U.S.C. 6101 et seq.), title VI of the Civil Rights Act of 

1964 (42 U.S.C. 2000d et seq.), title IX of the Education 

Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 

of the Rehabilitation Act of 1973 (29 U.S.C. 794), title II of 

the Americans with Disabilities Act of 1990 (42 U.S.C. 

12131 et seq.), and part B of the Individuals with Disabilities Education Act; 

(J) is a school to which parents choose to send their 

children, and that admits students on the basis of a lottery 

if more students apply for admission than can be accommodated, except as modified by the Secretary by regulation in 

accordance with clause (iv) or (v) of section 1116(d)(4)(B); 

(K) complies with the same Federal and State audit requirements as do other elementary schools, secondary 

schools, and early childhood education programs and adult 

education programs, as applicable, in the State, unless 

such requirements are specifically waived for the purpose of 

this program; 

(L) meets all applicable Federal, State, and local 

health and safety requirements; 

(M) operates in accordance with State law; and 

(N) has a written performance contract with a charter 

school authorizer that includes— 

(i) a description of how student performance will 

be measured on the basis of— 

(I) State assessments that are required of other 

public schools; and 

(II) any other assessments that are mutually 

agreeable to the charter school authorizer and the 

charter school; 

(ii) a requirement that student academic achievement and growth, consistent with section 1111, for the 

students enrolled at the school as a whole and for each 

subgroup described in section 1111(a)(3)(D) will be 

used as a primary factor in decisions about the renewal or revocation of the charter, in addition to other 

criteria, as appropriate; 

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(iii) the student academic achievement and growth, 

consistent with section 1111, and student retention 

goals, and, in the case of a high school, graduation 

rate goals for the students enrolled at the school as a 

whole and for each subgroup described in section 

1111(a)(3)(D), and any other goals to be achieved by 

the end of the contract period; 

(iv) the obligations and responsibilities of the charter school and the charter school authorizer; and 

(v) a description of the autonomy that will be 

granted to the charter school in each area described 

under subparagraph (B). 

(2) CHARTER SCHOOL AUTHORIZER.—The term ‘‘charter 

school authorizer’’ means any public or nonprofit entity that has 

the authority under State law, and is approved by the Secretary, to authorize or approve a public charter school. 

(3) DEVELOPER.—The term ‘‘developer’’ means any individual, group of individuals, or public nonprofit organization 

that— 

(A) has applied for, or been granted, a charter for a 

charter school; or 

(B) has received authorization to start a charter school. 

(4) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) a State educational agency; 

(B) a local educational agency, except a charter school 

that is considered a local educational agency under State 

law; 

(C) a charter school authorizer; or 

(D) a charter management organization. 

(5) EXPAND.—The term ‘‘expand’’ means to increase the student enrollment of an existing high-performing charter school 

by more than 50 percent or through the addition of not less 

than 2 grades to such existing charter school over the course of 

a grant or subgrant under this part. 

(6) HIGH-PERFORMING CHARTER SCHOOL.—The term ‘‘highperforming charter school’’ means— 

(A) in the case of a charter school that was not open 

or did not enroll students in the preceding school year, a 

charter school that has a written performance contract with 

a charter school authorizer that includes, for the students 

enrolled at the school as a whole and for each subgroup described in section 1111(a)(3)(D) for the most recent year for 

which such data are available— 

(i) student academic achievement and growth goals 

(as measured, in the case of a charter school that is an 

elementary school or secondary school, by performance 

on the statewide academic assessments required under 

section 1111(a)(2) and individual academic growth, 

consistent with section 1111(a)) that are higher than 

the average student academic achievement and growth 

results, consistent with section 1111, in demographically similar schools in the State; 

(ii) student retention goals that are similar to, or 

greater than, the average student retention rates in demographically similar schools in the State; and 

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(iii) if the charter school is a high school, goals for 

graduation rates, rates of student enrollment at institutions of higher education, and rates of student persistence at institutions of higher education that are higher 

than such average rates in demographically similar 

schools in the State; or 

(B) in the case of a charter school that was open and 

enrolled students for the preceding school year, a charter 

school that has, for the students enrolled at the school as 

a whole and for each subgroup described in section 

1111(a)(3)(D) for the most recent year for which such data 

are available— 

(i) student academic achievement and growth results (as measured, in the case of a charter school that 

is an elementary school or secondary school, by performance on the statewide academic assessments required under section 1111(a)(2) and individual academic growth, consistent with section 1111) that are 

significantly higher than the average student academic 

achievement and growth results, consistent with section 

1111, in demographically similar schools in the State; 

(ii) student retention rates that are similar to or 

higher than the average student retention rates in demographically similar schools in the State; and 

(iii) if the school is a high school, higher graduation rates, rates of student enrollment at institutions of 

higher education, and rates of student persistence at 

institutions of higher education than such average 

rates in demographically similar schools in the State. 

(7) REPLICATE.—The term ‘‘replicate’’ means to open 1 or 

more new campuses of, or schools based on, an existing highperforming charter school under a new or existing charter, or 

both, over the course of a grant or subgrant under this part. 

SEC. 5412. PROGRAM AUTHORIZED. 

(a) IN GENERAL.—From the amount available to carry out this 

subpart, the Secretary shall award grants, on a competitive basis, 

to eligible entities to enable such eligible entities to award subgrants 

to developers to create, expand, or replicate 1 or more high-performing charter schools, including through conversion of an existing 

public school into a charter school. 

(b) ALLOCATIONS.—The Secretary shall use not less than 25 percent of funds to award grants to eligible entities described in 

5411(4)(A). 

(c) CONSIDERATIONS.—In awarding grants under this subpart, 

the Secretary shall consider— 

(1) the geographic diversity of the eligible entities, including the distribution of grants among urban, suburban, and 

rural areas; and 

(2) the number of eligible entities in a State that are receiving grants under this subpart in any fiscal year. 

(d) GRANT AMOUNT.— 

(1) In determining the amount of each grant to be awarded 

under subsection (a), the Secretary shall consider— 

(A) the number of operating charter schools under the 

jurisdiction or in the service area of the eligible entity; 

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(B) to the extent practicable, the number of students, 

including students on charter school waiting lists, that will 

be served by high-performing charter schools that receive 

funds under this subpart; and 

(C) the amount of funds that is needed to implement 

the activities described in the approved application. 

(e) DURATION.— (1) IN GENERAL.—Each grant awarded under this subpart 

shall be for an initial period of not more than 3 years. 

(2) RENEWAL.—The Secretary may renew a grant awarded 

under this subpart for an additional period of not more than 

2 years, if the eligible entity is achieving the objectives of the 

grant and has shown improvement on the performance measures and targets described in section 5417(a). 

(f) LIMITATIONS.— (1) GRANTS.—An eligible entity described under subparagraph (A) of section 5411(4) may not receive more than 1 grant 

at a time under this section. 

(2) SUBGRANTS.—A developer may not receive more than 1 

grant or subgrant at a time under this section. 

(g) RESERVATIONS.— (1) ADMINISTRATIVE EXPENSES.—An eligible entity that receives a grant under this subpart may use not more than a total 

of 5 percent of grant funds for administrative expenses associated with the grant, including for improvement of the eligible 

entity’s oversight or management of charter schools. 

(2) IMPROVING AUTHORIZER QUALITY.—An eligible entity described in subparagraph (A), (B), or (C) of section 5411(4) shall 

use 5 percent of grant funds for improving authorizer quality, 

including charter school oversight and monitoring systems and 

procedures for revoking or not renewing charters. 

(h) WAIVER.—The Secretary may waive a statutory or regulatory 

requirement over which the Secretary exercises administrative authority, except a requirement described in section 5411(1), if— 

(1) the waiver is requested in an approved application 

under this subpart; and 

(2) the Secretary determines that granting the waiver will 

promote the purpose of this subpart. 

SEC. 5413. APPLICATIONS. 

(a) IN GENERAL.—Each eligible entity desiring a grant under 

this subpart shall submit an application to the Secretary at such 

time, in such manner, and containing such information and assurances as the Secretary may require. 

(b) CONTENTS.— 

(1) ELIGIBLE ENTITIES.—At a minimum, the application described in subsection (a) shall include a description of— 

(A) how the eligible entity will use grant funds to create, expand, or replicate 1 or more high-performing charter 

schools; 

(B) the need for the high-performing charter schools 

that the eligible entity seeks to support, including information that demonstrates the interest of parents and communities in increasing charter school enrollment capacity, 

such as the number of students who are on waiting lists for 

charter schools under the jurisdiction of the eligible entity; 

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(C) the performance measures the eligible entity will 

use to measure outcomes; 

(D) how the eligible entity will provide information and 

support to parents, families, and students regarding the 

available charter school options in a simple, clear, and easily accessible format and, to the extent practicable, in a language that such parents, families, and students can understand; 

(E) how the eligible entity will coordinate the grant 

funds received under this subpart with other Federal, 

State, and local funds; 

(F) how the eligible entity will ensure that each charter 

school within such eligible entity’s jurisdiction or service 

area— 

(i) meets the requirements of section 5411(1); and 

(ii) provides equitable access and effectively serves 

the needs of all students, including children with disabilities and English learners, and implements outreach and recruitment practices that include families 

of such students; 

(G) how the eligible entity will award subgrants to developers, on a competitive basis and through a high-quality 

review process, including a description of the subgrant application; 

(H) how the eligible entity will target subgrants to 

high-performing charter schools that plan to serve students 

who attend schools that have been identified through the 

State accountability and improvement system described in 

section 1116; 

(I) the eligible entity’s record, if applicable, of success 

in creating, expanding, replicating, managing, and overseeing high-performing charter schools, and closing unsuccessful schools; 

(J) how the eligible entity will hold charter schools 

within such eligible entity’s jurisdiction accountable if such 

schools do not meet the objectives specified in the performance contract described in section 5411(1)(N), including by 

closing unsuccessful schools; and 

(K) how charter school authorizers are approved, monitored, held accountable for establishing rigorous standards, periodically reviewed, and re-approved in the State in 

which the eligible entity operates, based on the performance 

of the charter schools that such charter school authorizers 

authorize, including in the areas of student safety, financial management, and compliance with all applicable statutes and regulations. 

(2) STATE EDUCATIONAL AGENCIES.—Each eligible entity described in section 5411(4)(A) shall include in the application described in paragraph (1) (in addition to the requirements of 

such paragraph), the following: 

(A) A description of the State’s laws, policies, or procedures, if applicable, that address— 

(i) how decisions are made to close unsuccessful 

charter schools, and how student academic achievement and growth, consistent with section 1111, for all 

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students and for each subgroup of students described 

in section 1111(a)(3)(D), is a primary factor in such decisions; 

(ii) how charter schools are monitored and held accountable for— 

(I) meeting the requirements described in section 5411(1); and 

(II) providing equitable access and effectively 

serving the needs of all students, including students with disabilities and English learners; and 

(iii) how a charter school that is considered a local 

educational agency under State law, or a local educational agency in which a charter school is located, 

will comply with subsections (a)(5) and (e)(1)(B) of section 613 of the Individuals with Disabilities Education 

Act. 

(B) Information about the eligible entity’s record of 

funding charter schools, including funding charter school 

facilities. 

(C) Information about the number of charter schools in 

the State that— 

(i) have been closed or have had charters revoked 

or not renewed in the preceding 5-year period, and the 

reasons for such closures, revocations, or nonrenewals; 

(ii) have been identified, through the State accountability and improvement system, as focus schools 

or priority schools under subsection (c) or (d) of section 

1116 in the preceding 5-year period; 

(iii) have met objectives specified in the performance contract described in section 5411(1)(N); and 

(iv) the charter school authorizer has authorized 

that are high-performing charter schools, and the percentage of such charter schools as compared to the total 

number of charter schools that the charter school authorizer has authorized. 

(3) LOCAL EDUCATIONAL AGENCIES.—Each eligible entity described in section 5411(4)(B) shall include in the application described in paragraph (1) (in addition to the requirements described in such paragraph), a description of the eligible entity’s 

policies and procedures for— 

(A) ensuring that charter schools under the jurisdiction 

of such eligible entity have equitable access to school facilities and school facilities financing; 

(B) complying with subsections (a)(5) and (e)(1)(B) of 

section 613 of the Individuals with Disabilities Education 

Act; and 

(C) supporting public school choice. 

(4) CHARTER SCHOOL AUTHORIZERS.—Each eligible entity 

described in section 5411(4)(C) shall include in the application 

described in paragraph (1) (in addition to the requirements of 

such paragraph), the following: 

(A) A demonstration that the eligible entity has explicit 

and clear policies and procedures in place for the approval, 

monitoring, renewal, and closure of charter schools, and an 

assurance that such policies and procedures make student 

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academic achievement and growth, consistent with section 

1111, for all students and for each subgroup of students described in section 1111(a)(3)(D), a primary factor in such 

decisions. 

(B) A description of how the eligible entity will make 

publicly available (in a clear and uniform format, a timely 

manner, and a form that is easily accessible, and, to the extent practicable, in a language that families and students 

can understand)— 

(i) information about the criteria and procedures 

for granting, denying, revoking, and renewing charters 

for charter schools; and 

(ii) the results of decisions relating to the granting, 

denial, revocation, and renewal of charters for charter 

schools, including performance data and other relevant 

information on which each decision is based. 

(C) Information about the number of charter schools 

that the charter school authorizer has authorized in each of 

the following categories: 

(i) Charter schools that have been closed or have 

had charters revoked or not renewed by the eligible entity in the preceding 5-year period, and the reasons for 

such closures, revocations, or nonrenewals. 

(ii) Charter schools that have been identified as 

focus schools or priority schools under subsection (c) or 

(d) of section 1116 through the State accountability 

and improvement system. 

(iii) Charter schools that have met objectives specified in the performance contract described in section 

5411(1)(N). 

(iv) Charter schools that are high-performing charter schools, and the percentage of such charter schools 

as compared to the total number of charter schools that 

the charter school authorizer has authorized. 

(5) CHARTER MANAGEMENT ORGANIZATIONS.—Each eligible 

entity described in section 5411(4)(D) shall include in the application described in paragraph (1) (in addition to the requirements of such paragraph), a description of— 

(A) the qualifications of such eligible entity’s management team; and 

(B) a multi-year financial and operating model for 

each of the high-performing charter schools that such eligible entity will create, expand, or replicate under the grant. 

(6) SPECIAL RULE.—In the case of a developer that plans to 

open a charter school in a jurisdiction or service area where no 

eligible entity will be awarding subgrants under this subpart 

for the fiscal year for which the developer applies, the Secretary 

may award a grant to such developer if such developer has an 

approved application that includes the requirements described 

in subparagraphs (A) through (F) of paragraph (1) and paragraph (5). The requirements of subsections (b) and (c) of section 

5416 and section 5417(c) shall apply to a developer receiving a 

grant under this paragraph in the same manner as such sections apply to a developer receiving a subgrant under section 

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5416, except that the developer shall submit the data under section 5417(c) directly to the Secretary. 

SEC. 5414. SELECTION CRITERIA; PRIORITY. 

(a) SELECTION CRITERIA.— 

(1) IN GENERAL.—In awarding grants to eligible entities 

under this subpart, the Secretary shall consider— 

(A) the quality of the eligible entity’s application; 

(B) the eligible entity’s record, if applicable, of success 

in creating, expanding, replicating, managing, and overseeing high-performing charter schools; 

(C) the eligible entity’s record of discontinuing funding 

or closing low-performing charter schools, including, as applicable, by revoking or not renewing the charters of such 

charter schools, and the eligible entity’s commitment to discontinuing funding or closing low-performing charter 

schools in the future; 

(D) the extent to which the eligible entity demonstrates 

that such eligible entity will award subgrants targeted to 

serving students who attend schools that have been identified as focus schools or priority schools under subsection (c) 

or (d) of section 1116 through the State accountability and 

improvement system; 

(E) the quality of the eligible entity’s plan for supporting subgrant recipients, through such activities as technical assistance, directly or through grants, contracts, or 

cooperative agreements, in order to— 

(i) improve student academic achievement and 

growth, consistent with section 1111, for all students 

and for each subgroup of students described in section 

1111(a)(3)(D); and 

(ii) promote effective outreach to, and recruitment 

of, students who are children with disabilities and students who are English learners, and the parents and 

families of such students; and 

(F) the extent to which the State in which the eligible 

entity operates provides for and enforces high-quality 

standards for charter school authorizers, including by establishing standards for rigorous and periodic reviews. 

(2) STATE EDUCATIONAL AGENCIES.—In the case of an applicant that is an eligible entity described in section 5411(4)(A), in 

addition to the elements described in paragraph (1), the Secretary shall also consider the extent to which such eligible entity— 

(A) ensures that charter schools receive equitable funding compared to other public schools in the State, and a 

commensurate share of Federal, State, and local revenues 

compared to public schools in the State, including equitable 

State funding to support early childhood education programs operated by charter schools in the State, in accordance with State law; and 

(B) provides charter schools with equitable access to 

funds for facilities (which may include funds for leasing or 

purchasing facilities or for making tenant improvements), 

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ties, the ability to share in the proceeds of bonds and levies, 

or other support related to facilities. 

(3) LOCAL EDUCATIONAL AGENCIES.—In the case of an applicant that is an eligible entity described in section 5411(4)(B) 

(except for a charter school that is considered a local educational agency under State law), in addition to the elements 

described in paragraph (1), the Secretary shall also consider— 

(A) if charter schools are operating within the area 

served by such eligible entity, the extent to which the eligible entity has policies and procedures in place to ensure 

that— 

(i) charter schools have equitable access to school 

facilities; or 

(ii) charter schools are not denied access to available public school facilities; and 

(B) the extent to which the eligible entity demonstrates 

support for public school choice. 

(4) CHARTER SCHOOL AUTHORIZERS.—In the case of an applicant that is an eligible entity described in section 5411(4)(C), 

in addition to the elements described in paragraph (1), the Secretary shall also consider the eligible entity’s record of success 

in authorizing and supporting high-performing charter schools. 

(5) CHARTER MANAGEMENT ORGANIZATIONS.—In the case of 

an applicant that is an eligible entity described in section 

5411(4)(D), in addition to the elements described in paragraph 

(1), as applicable, the Secretary shall also consider— 

(A) the quality of the eligible entity’s management 

team; and 

(B) the quality and sustainability of the eligible entity’s 

multi-year financial and operating model. 

(b) PRIORITY.— (1) STUDENTS FROM LOW-INCOME FAMILIES.—In awarding 

grants under this subpart, the Secretary shall give priority to 

eligible entities that propose to create, expand, or replicate highperforming charter schools that plan to enroll a large percentage of students from low-income families. 

(2) DIVERSITY.—In awarding grants under this subpart, the 

Secretary may give priority to eligible entities that propose to 

create, expand, or replicate a high-performing charter school 

that will have a diverse student population. 

(3) STATE EDUCATIONAL AGENCIES.—In the case of an applicant that is an eligible entity described in section 5411(4)(A), 

the Secretary shall give priority to such eligible entities— 

(A) from States that do not have a law that prohibits, 

or effectively inhibits, increasing the number of high-performing charter schools in the State; 

(B) from States that— 

(i) provide for, and adequately support, 2 or more 

charter school authorizers, of which not less than 1 is 

a statewide charter school authorizer; or 

(ii) in the case of States in which local educational 

agencies are the only charter school authorizers, from 

States that— 

(I) allow for an appeals process through which 

developers have an opportunity to appeal a denial 

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to another authorizer that will issue a final determination regarding whether or not to grant the developer a charter; and 

(II) require charter school authorizers to indicate an affirmative interest in serving as charter 

school authorizers; and 

(C) that have a policy or procedure in place that ensures that— 

(i) charter schools are reauthorized or have their 

charter renewed not less than once every 5 years; and 

(ii) charter schools submit independently audited 

financial statements to the authorizer. 

SEC. 5415. USES OF FUNDS. 

(a) REQUIRED USES OF FUNDS.—Each eligible entity receiving a 

grant under section 5412(a) shall— 

(1) use not less than 95 percent of the remaining grant 

funds, after the reservations made under section 5412(g), to 

award subgrants to 1 or more developers, as described in section 5416, to enable such developers to create, expand, or replicate 1 or more high-performing charter schools (which may include opening new schools or converting existing schools into 

charter schools) in the area served by the eligible entity or 

under the jurisdiction of the eligible entity; 

(2) in awarding subgrants, give priority to developers that 

propose to create, expand, or replicate a high-performing charter school in which a large percentage of the students enrolled 

are from low-income families; 

(3) provide developers who are receiving a subgrant with 

support and technical assistance in— 

(A) improving student academic achievement and 

growth, consistent with section 1111; 

(B) effectively serving the needs of all students, including students who are children with disabilities and students who are English learners; and 

(C) implementing outreach and recruitment practices 

that includes families of students who are children with 

disabilities and English learners; 

(4) directly, or through a partnership with a nonprofit organization (such as a community-based organization), develop 

and implement parent, family, and student information, outreach, and recruitment programs to provide information and 

support to parents, families, and students about the public 

school choice options available to them, including students who 

are children with disabilities and students who are English 

learners, in a simple, clear, and easily accessible format and, 

to the extent practicable, in a language that such parents, families, and students can understand. 

(b) PERMISSIBLE USE OF FUNDS.—Each eligible entity receiving 

a grant under section 5412(a) may use not more than 2.5 percent 

of grant funds to disseminate information to public schools in the 

eligible entity’s jurisdiction or service area about lessons learned 

through the grant activities, in order to— 

(1) successfully address the education needs of all students, 

including students who are children with disabilities and students who are English learners; and 

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(2) replicate high-performing charter school models. 

SEC. 5416. SUBGRANTS. 

(a) APPLICATIONS.—Each developer that desires to receive a 

subgrant under this subpart shall submit an application to the appropriate eligible entity at such time, in such form, and including 

such information and assurances as the eligible entity may reasonably require, which shall include the information required under 

subparagraphs (A) through (F) of paragraph (1) and paragraph (5) 

of section 5413(b). 

(b) USE OF FUNDS.—A developer that receives a subgrant under 

this subpart shall use such subgrant funds to create, expand, or replicate 1 or more high-performing charter schools, which may include 

carrying out the following activities: 

(1) If necessary, carrying out not more than 12 months of 

planning and program design, unless such developer demonstrates the need for an additional planning period of not 

more than 3 months. 

(2) Recruiting and providing preparation, induction, and 

professional development for teachers, school leaders, and other 

staff who will work in a charter school that is supported by the 

developer. 

(3) Acquiring necessary equipment, supplies, and educational materials, including curricula, assessments, and instructional materials. 

(4) Professional development and implementation of systems for the delivery of appropriate services for students who 

are children with disabilities and students who are English 

learners, including through centralizing, purchasing, or sharing 

the provision of such services with other organizations. 

(5) Develop transportation systems to provide transportation to students to and from the school. 

(6) Paying operational costs for a charter school that cannot be met through State or local funding sources. 

(7) Directly, or through a partnership with a nonprofit organization (including a community-based organization), developing and implementing parent, family, and student information and outreach programs to provide information and support 

to parents, families, and students about each charter school, in 

a simple, clear, and easily accessible format and, to the extent 

practicable, in a language that the parents, families, and students can understand. 

(8) Developing and implementing effective outreach and recruitment strategies to inform families of students who are children with disabilities and students who are English learners 

about the charter school, the charter school admissions process, 

and the charter school’s plan to effectively provide appropriate 

educational and related services to such students. 

(9) Evaluating and disseminating information, including 

through technical assistance, about the effectiveness of the activities supported by the subgrant. 

(c) LIMITATIONS.—Not more than 1 percent of subgrant funds 

may be used to carry out the activities described in subsection (b)(9). 

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SEC. 5417. PERFORMANCE MEASURES; REPORTS. 

(a) PERFORMANCE MEASURES AND TARGETS.—Each eligible entity receiving a grant under this subpart shall establish performance measures and annual targets, approved by the Secretary, for 

the charter schools that are created, expanded, or replicated with 

funds provided through a grant or subgrant under this subpart. 

Such measures and targets shall include, at a minimum, in the aggregate and disaggregated by each subgroup of students described 

in section 1111(a)(3)(D)— 

(1) the number of students enrolled in each charter school; 

(2) the number of students enrolled in each high-performing 

charter school; 

(3) the number of students enrolled in each high-performing 

charter school who were formerly attending a school that has 

been identified as a focus school or priority school under subsection (c) or (d) of section 1116 through the State accountability and improvement system; 

(4) student academic achievement and growth, consistent 

with section 1111, including, if applicable, performance on the 

State academic assessments required under section 1111(a)(2), 

and student growth consistent with section 1111; 

(5) student retention rates; 

(6) in the case of a public charter school that is a high 

school, student graduation rates, and student rates of enrollment and persistence in institutions of higher education; and 

(7) other measures required by the Secretary. 

(b) REPORTS.—Each eligible entity receiving a grant under this 

subpart shall annually prepare and submit a report to the Secretary 

containing the information described under subsection (a). 

(c) DEVELOPERS.—Each developer receiving a subgrant under 

this subpart from an eligible entity shall provide the eligible entity 

with the data necessary to comply with the requirements of this section. 

SEC. 5418. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND 

FOR SUCCESSIVE ENROLLMENT EXPANSIONS. 

(a) IN GENERAL.—For purposes of the allocation to schools by 

the States or their agencies of funds under part A of title I, and any 

other Federal funds which the Secretary allocates to States on a formula basis, the Secretary and each State educational agency shall 

take such measures as are necessary to ensure that every charter 

school receives the Federal funding for which the charter school is 

eligible not later than 5 months after the charter school first opens, 

notwithstanding the fact that the identity and characteristics of the 

students enrolling in that charter school are not fully and completely determined until that charter school actually opens. The 

measures similarly shall ensure that every charter school expanding 

its enrollment in any subsequent year of operation receives the Federal funding for which the charter school is eligible not later than 

5 months after such expansion. 

(b) ADJUSTMENT AND LATE OPENINGS.— 

(1) IN GENERAL.—The measures described in subsection (a) 

shall include provision for appropriate adjustments, through recovery of funds or reduction of payments for the succeeding 

year, in cases where payments made to a charter school on the 

basis of estimated or projected enrollment data exceed the 

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amounts that the school is eligible to receive on the basis of actual or final enrollment data. 

(2) RULE.—For charter schools that first open after November 1 of any academic year, the State, in accordance with guidance provided by the Secretary and applicable Federal statutes 

and regulations, shall ensure that such charter schools that are 

eligible for the funds described in subsection (a) for such academic year have a full and fair opportunity to receive those 

funds during the charter schools’ first year of operation. 

SEC. 5419. RECORDS TRANSFER. 

State educational agencies and local educational agencies receiving funds under part A of title I or any other Federal funds 

from the Secretary, shall, in the most timely manner possible and 

to the extent practicable, ensure that a student’s records and, if applicable, a student’s individualized education program as defined in 

section 602 of the Individuals with Disabilities Education Act, are 

transferred to a charter school upon the transfer of the student to 

the charter school, and to another public school upon the transfer 

of the student from a charter school to another public school, in accordance with applicable State law. 

SEC. 5420. NATIONAL ACTIVITIES. 

From funds made available under this subpart for each fiscal 

year, the Secretary may reserve not more than 5 percent for national 

activities to carry out (directly or through grants, contracts that use 

a competitive bidding process, or cooperative agreements) research, 

development, data collection, technical assistance, outreach, and 

dissemination activities, including— 

(1) research, technical assistance, and other activities to assist eligible entities receiving a grant under this subpart, and 

other eligible entities in improving the entity’s capacity to— 

(A) create, expand, replicate, operate, or support highperforming charter schools that meet the needs of, and improve the outcomes for, all students, including students 

who are children with disabilities and students who are 

English learners; 

(B) support charter school authorizers to improve quality through the adoption of research-based policies and procedures and increased capacity; and 

(C) work to turn around schools that have been identified as focus schools or priority schools under subsection (c) 

or (d) of section 1116 through the State accountability and 

improvement system; 

(2) providing for the research and dissemination of information about specific charter school models and program characteristics for which there is strong evidence of a significant impact on improving student academic achievement and growth, 

consistent with section 1111, for all students, including students who are children with disabilities and English learners; 

(3) developing and implementing activities that help parents, families, students, and the community identify and access 

high-performing charter schools; 

(4) providing for the collection of information regarding the 

financial resources available to charter schools (including access to private capital) and widely disseminating to charter 

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schools any such relevant information and model descriptions 

of successful programs; and 

(5) carrying out other related activities. 

Subpart 2—Charter School Facility Acquisition, 

Construction, and Renovation 

SEC. 5431. PURPOSE. 

The purpose of this subpart is to provide grants to eligible entities to improve access to facilities and facilities financing for highperforming charter schools and assist such schools to address the 

cost of acquiring, constructing, and renovating facilities. 

SEC. 5432. DEFINITIONS. 

In this subpart: 

(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) a State educational agency; 

(B) a local educational agency, except a charter school 

that is considered a local educational agency under State 

law; 

(C) a nonprofit entity; 

(D) a State financing authority; or 

(E) a consortium of entities described in any of subparagraphs (A) through (D). 

(2) HIGH-PERFORMING CHARTER SCHOOL.—The term ‘‘highperforming charter school’’ has the meaning given such term in 

section 5411. 

(3) PER-PUPIL FACILITIES AID PROGRAM.—The term ‘‘perpupil facilities aid program’’ means a program— 

(A) that is specified in State law; 

(B) that provides annual financing, on a per-pupil 

basis, for charter school facilities; and 

(C) in which a State makes payments, on a per-pupil 

basis, to charter schools to provide such schools with financing— 

(i) that is dedicated solely for funding charter 

school facilities; or 

(ii) a portion of which is dedicated for funding 

charter school facilities. 

SEC. 5433. GRANTS TO ELIGIBLE ENTITIES. 

(a) CREDIT ENHANCEMENT GRANTS.—The Secretary shall use 

not less than 65 percent of the amount available to carry out this 

subpart to award grants on a competitive basis to eligible entities 

to enable such eligible entities to demonstrate innovative credit enhancement methods of assisting high-performing charter schools to 

access private sector capital to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of 

loans or bond financing. 

(b) OTHER FACILITIES GRANTS.—The Secretary shall use the remainder of the amount available to carry out this subpart to award 

grants on a competitive basis to eligible entities to— 

(1) improve access to facilities and facilities financing for 

high-performing charter schools, through methods that may include— 

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(A) leveraging State and local facilities funds, including the cost of implementing school bond programs that include high-performing charter schools; 

(B) implementing open-facilities-access programs or 

making available renovated or adapted space for high-performing charter schools; and 

(C) assisting with constructing or improving, at low 

cost, facilities for high-performing charter schools through 

innovative methods; and 

(2) support an eligible entity described in section 5432(1)(A) 

in the establishment, enhancement, and administration of a 

per-pupil facilities aid program through Federal payments that 

shall be not more than— 

(A) 90 percent of the cost, for the first fiscal year for 

which the program receives assistance under this subsection; 

(B) 80 percent in the second such year; 

(C) 60 percent in the third such year; 

(D) 40 percent in the fourth such year; and 

(E) 20 percent in the fifth such year. 

(c) STATE SHARE OF PER-PUPIL FACILITIES AID PROGRAM.—A 

State receiving a grant under subsection (b)(2) may partner with 1 

or more organizations to provide not more than 50 percent of the 

State share of the cost of establishing, enhancing, or administering 

the per-pupil facilities aid program. 

(d) GRANT AMOUNT.—In determining the amount of each grant 

to be awarded under this subpart, the Secretary shall consider— 

(1) the quality of the application submitted under section 

5435; 

(2) the number of students that are served or may be served 

by high-performing charter schools that would receive assistance under the grant program; and 

(3) the amount of funds that is needed to implement the activities described in the approved application. 

(e) SUPPLEMENT NOT SUPPLANT.—Funds made available under 

this section shall be used to supplement, and not supplant, State 

and local public funds expended to provide programs for charter 

schools. 

SEC. 5434. CHARTER SCHOOL OBJECTIVES. 

An eligible entity receiving a grant under this subpart shall use 

the funds to assist 1 or more high-performing charter schools to accomplish 1 or both of the following objectives: 

(1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party 

for the benefit of a charter school) in improved or unimproved 

real property that is necessary to commence or continue the operation of a charter school. 

(2) The construction of new facilities, or the renovation, repair, or alteration of existing facilities, necessary to commence 

or continue the operation of a charter school. 

SEC. 5435. APPLICATIONS; SELECTION CRITERIA. 

(a) IN GENERAL.—Each eligible entity desiring a grant under 

this subpart shall submit an application to the Secretary at such 

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833 

time, in such manner, and containing such information and assurances as the Secretary may require. 

(b) CONTENTS.—An application submitted under subsection (a) 

shall include— 

(1) a description of the activities that the eligible entity proposes to carry out using funds received under this subpart; 

(2) a demonstration that the eligible entity will consider the 

quality of a charter school when determining— 

(A) which charter schools will receive assistance under 

this subpart; 

(B) how much grant assistance will be provided to each 

charter school; and 

(C) the type of assistance that each charter school will 

receive; 

(3) a description of the eligible entity’s record of successfully 

carrying out the activities that such eligible entity proposes to 

carry out; 

(4) if applicable, the eligible entity’s record of leveraging 

private-sector funding and a description of how the proposed 

activities will leverage the maximum amount of private-sector 

financing capital relative to the amount of government funding; 

(5) an explanation of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success 

of a charter school for which facilities financing is sought; 

(6) in the case of an application submitted by an eligible 

entity that includes 1 or more State or local educational agencies, a description of the agency’s policies and procedures for ensuring that charter schools have equitable access to school facilities; and 

(7) such other information as the Secretary may reasonably 

require. 

(c) SELECTION CRITERIA.—In awarding grants under this subpart, the Secretary shall consider— 

(1) the quality of the eligible entity’s application; 

(2) the extent to which the eligible entity proposes to support high-performing charter schools that plan to enroll a large 

percentage of students from low-income families; 

(3) the extent to which the eligible entity proposes to support high-performing charter schools that plan to enroll a large 

percentage of students who attend schools that have been identified as focus schools or priority schools under subsection (c) or 

(d) of section 1116 through the State accountability and improvement system; 

(4) the geographic diversity of the eligible entities, including the distribution of grants between urban and rural areas; 

and 

(5) the number of eligible entities in a State that are receiving grants under this subpart in any fiscal year. 

SEC. 5436. RESERVE ACCOUNT. 

(a) USE OF FUNDS.—To assist charter schools with addressing 

the cost of acquiring, constructing, and renovating facilities and accessing facilities and facilities financing, an eligible entity receiving 

a grant under section 5433(a) shall, in accordance with State and 

local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under this subpart (other than funds 

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used for administrative costs in accordance with section 5437) in a 

reserve account established and maintained by the eligible entity for 

this purpose. Amounts deposited in such account shall be used by 

the eligible entity for 1 or more of the following purposes: 

(1) Guaranteeing, insuring, and reinsuring bonds, notes, 

evidences of debt, loans, and interests therein, the proceeds of 

which are used for an objective described in section 5434. 

(2) Guaranteeing and insuring leases of personal and real 

property for an objective described in section 5434. 

(3) Facilitating financing by identifying potential lending 

sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools. 

(4) Facilitating the issuance of bonds by charter schools, or 

by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, 

and potential investors and the consolidation of multiple charter school projects within a single bond issue). 

(b) INVESTMENT.—Funds received under this subpart and deposited in the reserve account established under subsection (a) shall 

be invested in obligations issued or guaranteed by the United States 

or a State, or in other similarly low-risk securities. 

(c) REINVESTMENT OF EARNINGS.—Any earnings on funds received under this subpart shall be deposited in the reserve account 

established under subsection (a) and used in accordance with such 

subsection. 

SEC. 5437. LIMITATION ON ADMINISTRATIVE COSTS. 

An eligible entity may use not more than 2.5 percent of the 

funds received under this subpart for the administrative costs of 

carrying out the eligible entity’s responsibilities under this subpart. 

SEC. 5438. AUDITS AND REPORTS. 

(a) FINANCIAL RECORD MAINTENANCE AND AUDIT.—The financial records of each eligible entity receiving a grant under this subpart shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an 

independent public accountant. 

(b) REPORTS.— 

(1) GRANTEE ANNUAL REPORTS.—Each eligible entity receiving a grant under this subpart annually shall submit to the 

Secretary a report of the eligible entity’s operations and activities under this subpart. 

(2) CONTENTS.—Each annual report submitted under paragraph (1) shall include— 

(A) a copy of the most recent financial statements, and 

any accompanying opinion on such statements, prepared by 

the independent public accountant reviewing the financial 

records of the eligible entity; 

(B) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under 

subsection (a) during the reporting period; 

(C) if applicable, an evaluation by the eligible entity of 

the effectiveness of the eligible entity’s use of the Federal 

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funds provided under this subpart in leveraging private 

funds; 

(D) a listing and description of the charter schools 

served during the reporting period and the performance of 

such charter schools in increasing student achievement and 

growth, consistent with section 1111; 

(E) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in section 5434; and 

(F) a description of the characteristics of lenders and 

other financial institutions participating in the activities 

undertaken by the eligible entity under this subpart during 

the reporting period, if applicable. 

(3) SECRETARIAL REPORT.—The Secretary shall review the 

reports submitted under paragraph (1) and shall provide a 

comprehensive annual report to Congress on the activities conducted under this subpart. 

SEC. 5439. NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATIONS. 

No financial obligation of an eligible entity entered into pursuant to this subpart (such as an obligation under a guarantee, bond, 

note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit 

of the United States is not pledged to the payment of funds which 

may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this subpart. 

SEC. 5440. RECOVERY OF FUNDS. 

(a) IN GENERAL.—The Secretary, in accordance with chapter 37 

of title 31, United States Code, shall collect— 

(1) all of the funds in a reserve account established by an 

eligible entity under section 5436(a) if the Secretary determines, 

not earlier than 2 years after the date on which the eligible entity first received funds under this subpart, that the eligible entity has failed to make substantial progress in carrying out the 

purposes described in such section; or 

(2) all or a portion of the funds in a reserve account established by an eligible entity under section 5436(a) if the Secretary determines that the eligible entity has permanently 

ceased to use all or a portion of the funds in such account to 

accomplish any purpose described in such section. 

(b) EXERCISE OF AUTHORITY.—The Secretary shall not exercise 

the authority provided in subsection (a) to collect from any eligible 

entity any funds that are being properly used to achieve 1 or more 

of the purposes described in section 5436(a). 

(c) PROCEDURES.—The provisions of sections 451, 452, and 458 

of the General Education Provisions Act shall apply to the recovery 

of funds under subsection (a). 

(d) CONSTRUCTION.—This section shall not be construed to impair or affect the authority of the Secretary to recover funds under 

part D of the General Education Provisions Act. 

* * * * * * * 

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PART E—VOLUNTARY PUBLIC SCHOOL CHOICE 

PROGRAMS 

SEC. 5501. GRANTS. 

(a) AUTHORIZATION.—From funds made available to carry out 

this part, the Secretary shall award grants, on a competitive basis, 

to eligible entities to enable the entities to establish or expand a program of public school choice (referred to in this part as a ‘‘program’’) in accordance with this part in order to increase student 

academic achievement and student growth by increasing the educational options available to students who are served by high-need 

local educational agencies. 

(b) DURATION.—Grants awarded under subsection (a) may be 

awarded for a period of 3 years and may be renewed for not more 

than an additional 2 years if the Secretary finds that the grantee 

is achieving the objectives of the grant. 

SEC. 5502. USES OF FUNDS. 

(a) REQUIRED USE OF FUNDS.—An eligible entity that receives 

a grant under this part shall use the grant funds to establish or expand inter- or intra-district public school choice programs for students attending the lowest-performing schools that enable those students to attend high-quality public elementary schools and secondary schools, including charter schools. 

(b) PERMISSIBLE USES OF FUNDS.—An eligible entity that receives a grant under this part may use the grant funds for— 

(1) planning or designing a program (for not more than 1 

year); 

(2) transportation services to and from high-quality schools 

for participating students; 

(3) improving public school finance systems to allow school 

funding to follow students, including tuition transfer payments 

to high-quality public elementary schools or secondary schools 

to which students transfer under the program; 

(4) capacity-enhancing activities that enable high-quality 

public elementary schools or secondary schools to accommodate 

transfer requests under the program; 

(5) public education and recruitment campaigns to inform 

students attending the lowest-performing schools and their parents about the program and to facilitate their participation; and 

(6) other costs reasonably necessary to implement the program, such as the development of lottery systems. 

(c) NONPERMISSIBLE USES OF FUNDS.—An eligible entity that 

receives a grant under this part may not use the grant funds for 

school construction. 

(d) ADMINISTRATIVE EXPENSES.—The eligible entity may use not 

more than 5 percent of the funds made available through a grant 

under this part for any fiscal year for administrative expenses. 

SEC. 5503. APPLICATIONS. 

(a) SUBMISSION.—An eligible entity that desires a grant under 

this part shall submit an application to the Secretary at such time, 

in such manner, and containing such information as the Secretary 

may require. 

(b) CONTENTS.—An application submitted under subsection (a) 

shall include a comprehensive plan that describes— 

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(1) the activities to be carried out; 

(2) how the activities— 

(A) will increase access to high-quality schools for students attending the lowest-performing schools; 

(B) will increase the student academic achievement 

and student academic growth of students participating in 

the grant activities, including English learners and students with disabilities; and 

(C) if applicable, will increase diversity within a school 

or local educational agency; 

(3) how students will be selected to participate in grant activities, including the design and implementation of a lottery 

system if the program is oversubscribed, and how students and 

parents will be informed of their opportunity to participate; 

(4) how the program will be coordinated with and leverage 

other related Federal and non-Federal funding and programs; 

(5) how the applicant will continue to implement the plan 

after the period of the grant has expired; 

(6) if the activities required under section 5505(a)(2) are to 

be carried out in partnership with a public or other nonprofit 

organization, a description of the organization’s experience, capacity, responsibilities, and how the eligible entity will monitor 

the public or other nonprofit organization’s effectiveness in carrying out such activities; and 

(7) such other information as the Secretary may require. 

(c) SELECTION CRITERIA.—In selecting grantees under this part, 

the Secretary shall consider— 

(1) the quality of the applicant’s comprehensive plan; 

(2) the extent to which the applicant can demonstrate that 

its grant activities will increase student academic achievement 

and student academic growth for students participating in the 

grant activities, including English learners and students who 

are children with disabilities; and 

(3) the extent to which the applicant can demonstrate that 

its grant activities will ensure that parents and students are informed of the program, in a clear and uniform format and, to 

the extent practicable, in a language that the parents and students can understand, to increase the likelihood that parents 

will have their children participate in the grantee’s program. 

SEC. 5504. PRIORITIES. 

In awarding grants under this part, the Secretary shall give 

priority to an eligible entity that proposes to— 

(1) establish or expand an inter-district choice program 

that serves a large percentage of students from low-income families; and 

(2) establish or expand a program that will increase diversity. 

SEC. 5505. REQUIREMENTS AND VOLUNTARY PARTICIPATION. 

(a) PARENT AND COMMUNITY INVOLVEMENT AND NOTICE.—In 

carrying out a program under this part, an eligible entity shall 

carry out the following: 

(1) Develop the program with— 

(A) the involvement of parents and other education 

stakeholders in the community to be served; and 

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(B) individuals who will carry out the program, including administrators, teachers, principals, and other staff. 

(2) Develop and carry out the following activities, alone or 

in partnership with a public or other nonprofit organization 

that has a record of success in implementing such activities: 

(A) Disseminating timely and accurate information 

about the program to parents of students attending the lowest-performing schools, in a clear and uniform format and, 

to the extent practicable, in a language that parents can 

understand, including through the use of a variety of effective and innovative outreach approaches, such as by sending customized letters to each family about available programs. 

(B) Providing education and training to parents of students attending the lowest-performing schools to enable the 

parents to use the information provided under subparagraph (A) in their decisions about their children’s education. 

(b) SELECTION OF STUDENTS.—An eligible entity that receives a 

grant under this part shall select students to participate in a program on the basis of a lottery, if more students apply for admission 

to the program than can be accommodated. 

(c) VOLUNTARY PARTICIPATION.—Student participation in a program funded under this part shall be voluntary. 

(d) PERFORMANCE MEASURES.— 

(1) IN GENERAL.—Each eligible entity awarded a grant 

under this part shall establish performance measures and targets that— 

(A) are approved by the Secretary; 

(B) are implemented for each program established or 

expanded with funds provided under this part; and 

(C) at a minimum, track— 

(i) the number of students participating; 

(ii) the participating students’ academic achievement and student academic growth; 

(iii) in the case of participating high school students, the graduation rates for the participating students; 

(iv) the extent to which students in schools participating in the programs or schools funded under this 

part are being educated in diverse schools and classrooms; and 

(v) any other measure required by the Secretary. 

(2) REPORTS.—Each eligible entity awarded a grant under 

this part shall annually report to the Secretary on its performance on the measures and targets established under paragraph 

(1), and shall provide that information both in the aggregate 

and disaggregated for each subgroup of students described in 

section 1111(a)(2)(B)(x). 

SEC. 5506. EVALUATIONS. 

From the amount reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director 

of the Institute of Education Sciences, shall, in consultation with 

the relevant program office at the Department, evaluate the implemstockstill on DSK4VPTVN1PROD with HEARINGS

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mentation and impact of the activities supported under this part, 

consistent with section 9601, including— 

(1) how, and the extent to which, the programs promote 

educational equity and excellence; 

(2) the characteristics of the students participating in the 

programs; and 

(3) the effect of the programs on the academic achievement 

and student academic growth of students participating in the 

programs both in the aggregate and disaggregated for each subgroup of students described in section 1111(a)(2)(B)(x). 

SEC. 5507. DEFINITIONS. 

In this part: 

(1) CHARTER SCHOOL.—The term ‘‘charter school’’ has the 

meaning given such term in section 5411. 

(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) 1 or more high-need local educational agencies applying with 1 or more other local educational agencies; or 

(B) a State educational agency applying with 1 or more 

high-need local educational agencies. 

(3) LOWEST-PERFORMING SCHOOL.—The term ‘‘lowest-performing school’’ means a public elementary school or secondary 

school that has been identified as a focus school under section 

1116(c) or a priority school under section 1116(d). 

* * * * * * * 

PART F—COLLEGE INFORMATION 

DEMONSTRATION PROGRAM 

SEC. 5601. COLLEGE INFORMATION DEMONSTRATION PROGRAM. 

(a) PROGRAM AUTHORIZED.—The Secretary shall establish a 

model demonstration program that explores the effectiveness of services and programs that increase student awareness of and access to 

postsecondary education, by providing cost-effective, semi-customized information, as described in subsection (c), to all secondary 

school students at high-need schools that will increase the likelihood 

that such students will— 

(1) apply to an institution of higher education; 

(2) apply for financial aid; 

(3) enroll in an institution of higher education; or 

(4) receive financial aid. 

(b) PRIORITY.—In determining which high-need schools to include in the demonstration program under this section, the Secretary shall give priority to high-need schools in areas that, due to 

geography or resources, have little or no access to postsecondary 

education counseling services. 

(c) INFORMATION FOR STUDENTS.— 

(1) CONTENT.—As part of the demonstration program 

under this section, the Secretary shall develop, using the best 

available evidence and research, a packet of postsecondary education information that will inform students about the net price 

of institutions of higher education and available financial aid 

and give guidance on how to apply to institutions of higher education and how to seek financial assistance. The Secretary shall 

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consider including, as applicable, the following information for 

secondary school students at high-need schools: 

(A) Guidance on application strategies that is designed 

to help students understand how to select an institution of 

higher education, how to apply, and how to seek financial 

assistance, and deadlines for applying to institutions of 

higher education, as well as a copy of the common application for use in applying to institutions of higher education. 

(B) Information on Federal and State financial aid options, including a description of available grants, scholarships, and loans, and the application processes for grants, 

scholarships, and loans. 

(C) The likely net cost at— 

(i) a flagship State institution of higher education; 

and 

(ii) a local public institution of higher education. 

(D) A list of the institutions of higher education that 

meet 100 percent of students’ financial need. 

(E) Information about application fee waivers for 

qualified students. 

(2) DEVELOPMENT.—In developing the information materials described in paragraph (1), the Secretary shall consult 

with State educational agencies, college mentors, college admissions staff, financial aid staff, student and parent focus groups, 

and secondary school guidance counselors to ensure that the information provided is age-appropriate and easily understood. 

(3) CUSTOMIZATION.—In developing the information materials described in paragraph (1), the Secretary shall, to the extent possible, customize such information based on— 

(A) geographic location; and 

(B) family income. 

(d) EVALUATION; REPORT.— 

(1) EVALUATION.—The Secretary shall evaluate the demonstration program established under this section, using both 

qualitative and quantitative methods, to examine the effectiveness of the demonstration program on a student’s likelihood 

of— 

(A) applying to an institution of higher education; 

(B) applying for financial aid; 

(C) enrolling in an institution of higher education; and 

(D) receiving financial aid. 

(2) REPORTS.— 

(A) PRELIMINARY REPORT.—Not later than 2 years after 

the date of enactment of the Strengthening America’s 

Schools Act of 2013, the Secretary shall submit a preliminary report to Congress containing the information described in subparagraph (B). 

(B) FINAL REPORT.—Not later than 5 years after the 

date of enactment of the Strengthening America’s Schools 

Act of 2013, the Secretary shall submit a report to Congress 

that includes— 

(i) the information gathered from the evaluation 

described in paragraph (1); 

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(ii) an analysis of the costs and benefits of the 

demonstration program carried out under this section; 

and 

(iii) recommendations to Congress on how the Federal government, States, and schools can improve efforts to provide students with information that increases postsecondary education access and affordability. 

* * * * * * * 

øTITLE VI—FLEXIBILITY AND ACCOUNTABILITY¿PROMOTING FLEXIBILITY; 

RURAL EDUCATION 

øPART A—IMPROVING ACADEMIC 

ACHIEVEMENT¿ 

øSubpart 1—Accountability¿ 

øSEC. 6111. ø20 U.S.C. 7301¿ GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES. 

øThe Secretary shall make grants to States to enable the 

States— 

ø(1) to pay the costs of the development of the additional 

State assessments and standards required by section 1111(b), 

which may include the costs of working in voluntary partnerships with other States, at the sole discretion of each such 

State; and 

ø(2) if a State has developed the assessments and standards required by section 1111(b), to administer those assessments or to carry out other activities described in this subpart 

and other activities related to ensuring that the State’s schools 

and local educational agencies are held accountable for results, 

such as the following: 

ø(A) Developing challenging State academic content 

and student academic achievement standards and aligned 

assessments in academic subjects for which standards and 

assessments are not required by section 1111(b). 

ø(B) Developing or improving assessments of English 

language proficiency necessary to comply with section 

1111(b)(7). 

ø(C) Ensuring the continued validity and reliability of 

State assessments. 

ø(D) Refining State assessments to ensure their continued alignment with the State’s academic content standards and to improve the alignment of curricula and instructional materials. 

ø(E) Developing multiple measures to increase the reliability and validity of State assessment systems. 

ø(F) Strengthening the capacity of local educational 

agencies and schools to provide all students the opportunity to increase educational achievement, including carrying out professional development activities aligned with 

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State student academic achievement standards and assessments. 

ø(G) Expanding the range of accommodations available to students with limited English proficiency and students with disabilities to improve the rates of inclusion of 

such students, including professional development activities aligned with State academic achievement standards 

and assessments. 

ø(H) Improving the dissemination of information on 

student achievement and school performance to parents 

and the community, including the development of information and reporting systems designed to identify best educational practices based on scientifically based research or 

to assist in linking records of student achievement, length 

of enrollment, and graduation over time.¿ 

øSEC. 6112. ø20 U.S.C. 7301a¿ GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS. 

ø(a) GRANT PROGRAM AUTHORIZED.—From funds made available to carry out this subpart, the Secretary shall award, on a competitive basis, grants to State educational agencies that have submitted an application at such time, in such manner, and containing 

such information as the Secretary may require, which demonstrate 

to the satisfaction of the Secretary, that the requirements of this 

section will be met, for the following: 

ø(1) To enable States (or consortia of States) to collaborate 

with institutions of higher education, other research institutions, or other organizations to improve the quality, validity, 

and reliability of State academic assessments beyond the requirements for such assessments described in section 

1111(b)(3). 

ø(2) To measure student academic achievement using multiple measures of student academic achievement from multiple 

sources. 

ø(3) To chart student progress over time. 

ø(4) To evaluate student academic achievement through 

the development of comprehensive academic assessment instruments, such as performance and technology-based academic assessments. 

ø(b) APPLICATION.—Each State wishing to apply for funds 

under this section shall include in its State plan under part A of 

title I such information as the Secretary may require. 

ø(c) ANNUAL REPORT.—Each State educational agency receiving a grant under this section shall submit an annual report to the 

Secretary describing its activities, and the result of those activities, 

under the grant.¿ 

øSEC. 6113. ø20 U.S.C. 7301b¿ FUNDING. 

ø(a) AUTHORIZATION OF APPROPRIATIONS.— 

ø(1) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.— 

For the purpose of administering the State assessments under 

the National Assessment of Educational Progress, there are 

authorized to be appropriated $72,000,000 for fiscal year 2002, 

and such sums as may be necessary for each of the 5 succeeding fiscal years. 

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ø(2) STATE ASSESSMENTS AND RELATED ACTIVITIES.—For 

the purpose of carrying out this subpart, there are authorized 

to be appropriated $490,000,000 for fiscal year 2002, and such 

sums as may be necessary for each of the 5 succeeding fiscal 

years. 

ø(b) ALLOTMENT OF APPROPRIATED FUNDS.— 

ø(1) IN GENERAL.—From amounts made available for each 

fiscal year under subsection (a)(2) that are equal to or less 

than the amount described in section 1111(b)(3)(D) (hereinafter 

in this subsection referred to as the ‘‘trigger amount’’), the Secretary shall— 

ø(A) reserve one-half of 1 percent for the Bureau of Indian Affairs; 

ø(B) reserve one-half of 1 percent for the outlying 

areas; and 

ø(C) from the remainder, allocate to each State an 

amount equal to— 

ø(i) $3,000,000; and 

ø(ii) with respect to any amounts remaining after 

the allocation is made under clause (i), an amount 

that bears the same relationship to such total remaining amounts as the number of students ages 5 through 

17 in the State (as determined by the Secretary on the 

basis of the most recent satisfactory data) bears to the 

total number of such students in all States. 

ø(2) REMAINDER.—Any amounts remaining for a fiscal year 

after the Secretary carries out paragraph (1) shall be made 

available as follows: 

ø(A)(i) To award funds under section 6112 to States 

according to the quality, needs, and scope of the State application under that section. 

ø(ii) In determining the grant amount under clause (i), 

the Secretary shall ensure that a State’s grant shall include an amount that bears the same relationship to the 

total funds available under this paragraph for the fiscal 

year as the number of students ages 5 through 17 in the 

State (as determined by the Secretary on the basis of the 

most recent satisfactory data) bears to the total number of 

such students in all States. 

ø(B) Any amounts remaining after the Secretary 

awards funds under subparagraph (A) shall be allocated to 

each State that did not receive a grant under such subparagraph, in an amount that bears the same relationship 

to the total funds available under this subparagraph as 

the number of students ages 5 through 17 in the State (as 

determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such 

students in all States. 

ø(c) STATE DEFINED.—In this section, the term ‘‘State’’ means 

each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.¿ 

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844 

øSubpart 2—Funding Transferability for State 

and Local Educational Agencies¿ 

øSEC. 6121. ø20 U.S.C. 7305¿ SHORT TITLE. 

øThis subpart may be cited as the ‘‘State and Local Transferability Act’’.¿ 

øSEC. 6122. ø20 U.S.C. 7305a¿ PURPOSE. 

øThe purpose of this subpart is to allow States and local educational agencies the flexibility— 

ø(1) to target Federal funds to Federal programs that most 

effectively address the unique needs of States and localities; 

and 

ø(2) to transfer Federal funds allocated to other activities 

to allocations for certain activities authorized under title I.¿ 

øSEC. 6123. ø20 U.S.C. 7305b¿ TRANSFERABILITY OF FUNDS. 

ø(a) TRANSFERS BY STATES.— 

ø(1) IN GENERAL.—In accordance with this subpart, a State 

may transfer not more than 50 percent of the nonadministrative State funds (including funds transferred under paragraph 

(2)) allotted to the State for use for State-level activities under 

the following provisions for a fiscal year to one or more of the 

State’s allotments for such fiscal year under any other of such 

provisions: 

ø(A) Section 2113(a)(3). 

ø(B) Section 2412(a)(1). 

ø(C) Subsections (a)(1) (with the agreement of the 

Governor) and (c)(1) of section 4112 and section 4202(c)(3). 

ø(D) Section 5112(b). 

ø(2) ADDITIONAL FUNDS FOR TITLE I.—In accordance with 

this subpart and subject to the 50 percent limitation described 

in paragraph (1), a State may transfer any funds allotted to 

the State under a provision listed in paragraph (1) to its allotment under title I. 

ø(b) TRANSFERS BY LOCAL EDUCATIONAL AGENCIES.— 

ø(1) AUTHORITY TO TRANSFER FUNDS.— 

ø(A) IN GENERAL.—In accordance with this subpart, a 

local educational agency (except a local educational agency 

identified for improvement under section 1116(c) or subject 

to corrective action under section 1116(c)(9)) may transfer 

not more than 50 percent of the funds allocated to it (including funds transferred under subparagraph (C)) under 

each of the provisions listed in paragraph (2) for a fiscal 

year to one or more of its allocations for such fiscal year 

under any other provision listed in paragraph (2). 

ø(B) AGENCIES IDENTIFIED FOR IMPROVEMENT.—In accordance with this subpart, a local educational agency 

identified for improvement under section 1116(c) may 

transfer not more than 30 percent of the funds allocated 

to it (including funds transferred under subparagraph (C)) 

under each of the provisions listed in paragraph (2) for a 

fiscal year— 

ø(i) to its allocation for school improvement for 

such fiscal year under section 1003; or 

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845 

ø(ii) to any other allocation for such fiscal year if 

such transferred funds are used only for local educational agency improvement activities consistent with 

section 1116(c). 

ø(C) ADDITIONAL FUNDS FOR TITLE I.—In accordance 

with this subpart and subject to the percentage limitation 

described in subparagraph (A) or (B), as applicable, a local 

educational agency may transfer funds allocated to such 

agency under any of the provisions listed in paragraph (2) 

for a fiscal year to its allocation for part A of title I for that 

fiscal year. 

ø(2) APPLICABLE PROVISIONS.—A local educational agency 

may transfer funds under subparagraph (A), (B), or (C) of paragraph (1) from allocations made under each of the following 

provisions: 

ø(A) Section 2121. 

ø(B) Section 2412(a)(2)(A). 

ø(C) Section 4112(b)(1). 

ø(D) Section 5112(a). 

ø(c) NO TRANSFER OF TITLE I FUNDS.—A State or a local educational agency may not transfer under this subpart to any other 

program any funds allotted or allocated to it for part A of title I. 

ø(d) MODIFICATION OF PLANS AND APPLICATIONS; NOTIFICATION.— 

ø(1) STATE TRANSFERS.—Each State that makes a transfer 

of funds under this section shall— 

ø(A) modify, to account for such transfer, each State 

plan, or application submitted by the State, to which such 

funds relate; 

ø(B) not later than 30 days after the date of such 

transfer, submit a copy of such modified plan or application to the Secretary; and 

ø(C) not later than 30 days before the effective date of 

such transfer, notify the Secretary of such transfer. 

ø(2) LOCAL TRANSFERS.—Each local educational agency 

that makes a transfer of funds under this section shall— 

ø(A) modify, to account for such transfer, each local 

plan, or application submitted by the agency, to which 

such funds relate; 

ø(B) not later than 30 days after the date of such 

transfer, submit a copy of such modified plan or application to the State; and 

ø(C) not later than 30 days before the effective date of 

such transfer, notify the State of such transfer. 

ø(e) APPLICABLE RULES.— 

ø(1) IN GENERAL.—Except as otherwise provided in this 

subpart, funds transferred under this section are subject to 

each of the rules and requirements applicable to the funds 

under the provision to which the transferred funds are transferred. 

ø(2) CONSULTATION.—Each State educational agency or 

local educational agency that transfers funds under this section shall conduct consultations in accordance with section 

9501, if such transfer transfers funds from a program that promstockstill on DSK4VPTVN1PROD with HEARINGS

846 

vides for the participation of students, teachers, or other educational personnel, from private schools.¿ 

øSubpart 3—State and Local Flexibility 

Demonstration¿ 

øSEC. 6131. ø20 U.S.C. 7311¿ SHORT TITLE. 

øThis subpart may be cited as the ‘‘State and Local Flexibility 

Demonstration Act’’.¿ 

øSEC. 6132. ø20 U.S.C. 7311a¿ PURPOSE. 

øThe purpose of this subpart is to create options for selected 

State educational agencies and local educational agencies— 

ø(1) to improve the academic achievement of all students, 

and to focus the resources of the Federal Government upon 

such achievement; 

ø(2) to improve teacher quality and subject matter mastery, especially in mathematics, reading, and science; 

ø(3) to better empower parents, educators, administrators, 

and schools to effectively address the needs of their children 

and students; 

ø(4) to give participating State educational agencies and 

local educational agencies greater flexibility in determining 

how to increase their students’ academic achievement and implement education reforms in their schools; 

ø(5) to eliminate barriers to implementing effective State 

and local education reform, while preserving the goals of opportunity for all students and accountability for student progress; 

ø(6) to hold participating State educational agencies and 

local educational agencies accountable for increasing the academic achievement of all students, especially disadvantaged 

students; and 

ø(7) to narrow achievement gaps between the lowest and 

highest achieving groups of students so that no child is left behind.¿ 

øSEC. 6133. ø20 U.S.C. 7311b¿ GENERAL PROVISION. 

øFor purposes of this subpart, any State that is one local educational agency shall be considered a State educational agency and 

not a local educational agency.¿ 

øCHAPTER A—STATE FLEXIBILITY AUTHORITY¿ 

øSEC. 6141. ø20 U.S.C. 7315¿ STATE FLEXIBILITY. 

ø(a) FLEXIBILITY AUTHORITY.—Except as otherwise provided in 

this chapter, the Secretary shall, on a competitive basis, grant 

flexibility authority to not more than seven eligible State educational agencies, under which the agencies may consolidate and 

use funds in accordance with section 6142. 

ø(b) DEFINITIONS.—In this chapter: 

ø(1) ELIGIBLE STATE EDUCATIONAL AGENCY.—The term ‘‘eligible State educational agency’’ means a State educational 

agency that— 

ø(A) submits an approvable application under subsection (c); and 

ø(B) proposes performance agreements— 

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847 

ø(i) that shall be entered into with not fewer than 

4, and not more than 10, local educational agencies; 

ø(ii) not fewer than half of which shall be entered 

into with high-poverty local educational agencies; and 

ø(iii) that require the local educational agencies 

described in clause (i) to align their use of consolidated 

funds under section 6152 with the State educational 

agency’s use of consolidated funds under section 6142. 

ø(2) HIGH-POVERTY LOCAL EDUCATIONAL AGENCY.—The 

term ‘‘high-poverty local educational agency’’ means a local 

educational agency for which 20 percent or more of the children who are age 5 through 17, and served by the local educational agency, are from families with incomes below the poverty line. 

ø(c) STATE APPLICATIONS.— 

ø(1) APPLICATIONS.—To be eligible to receive flexibility authority under this chapter, a State educational agency shall 

submit an application to the Secretary at such time, in such 

manner, and containing such information as the Secretary may 

require, including— 

ø(A) information demonstrating, to the satisfaction of 

the Secretary, that the grant of authority offers substantial promise of— 

ø(i) assisting the State educational agency in making adequate yearly progress, as defined under section 

1111(b)(2); and 

ø(ii) aligning State and local reforms and assisting 

the local educational agencies that enter into performance agreements with the State educational agency 

under paragraph (2) in making such adequate yearly 

progress; 

ø(B) the performance agreements that the State educational agency proposes to enter into with eligible local 

educational agencies under paragraph (2); 

ø(C) information demonstrating that the State educational agency has consulted with and involved parents, 

representatives of local educational agencies, and other 

educators in the development of the terms of the grant of 

authority; 

ø(D) a provision specifying that the grant of flexibility 

authority shall be for a term of not more than 5 years; 

ø(E) a list of the programs described in section 6142(b) 

that are included in the scope of the grant of authority; 

ø(F) a provision specifying that no requirements of any 

program described in section 6142(b) and included by a 

State educational agency in the scope of the grant of authority shall apply to that agency, except as otherwise provided in this chapter; 

ø(G) a 5-year plan describing how the State educational agency intends to consolidate and use the funds 

from programs included in the scope of the grant of authority, for any educational purpose authorized under this 

Act, in order to make adequate yearly progress and advance the education priorities of the State and the local 

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848 

educational agencies with which the State educational 

agency enters into performance agreements; 

ø(H) an assurance that the State educational agency 

will provide parents, teachers, and representatives of local 

educational agencies and schools with notice and an opportunity to comment on the proposed terms of the grant of 

authority; 

ø(I) an assurance that the State educational agency, 

and the local educational agencies with which the State 

educational agency enters into performance agreements, 

will use fiscal control and fund accounting procedures that 

will ensure proper disbursement of, and accounting for, 

Federal funds consolidated and used under the grant of 

authority; 

ø(J) an assurance that the State educational agency, 

and the local educational agencies with which the State 

educational agency enters into performance agreements, 

will meet the requirements of all applicable Federal civil 

rights laws in carrying out the grant of authority, including consolidating and using funds under the grant of authority; 

ø(K) an assurance that, in consolidating and using 

funds under the grant of authority— 

ø(i) the State educational agency, and the local 

educational agencies with which the State educational 

agency enters into performance agreements, will provide for the equitable participation of students and 

professional staff in private schools consistent with 

section 9501; and 

ø(ii) that sections 9502, 9503, and 9504 shall 

apply to all services and assistance provided with such 

funds in the same manner as such sections apply to 

services and assistance provided in accordance with 

section 9501; 

ø(L) an assurance that the State educational agency 

will, for the duration of the grant of authority, use funds 

consolidated under section 6142 only to supplement the 

amount of funds that would, in the absence of those Federal funds, be made available from non-Federal sources for 

the education of students participating in programs assisted with the consolidated funds, and not to supplant 

those funds; and 

ø(M) an assurance that the State educational agency 

shall, not later than 1 year after the date on which the 

Secretary makes the grant of authority, and annually 

thereafter during the term of the grant of authority, disseminate widely to parents and the general public, transmit to the Secretary, distribute to print and broadcast 

media, and post on the Internet, a report, which shall include a detailed description of how the State educational 

agency, and the local educational agencies with which the 

State educational agency enters into performance agreements, used the funds consolidated under the grant of authority to make adequate yearly progress and advance the 

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849 

education priorities of the State and local educational 

agencies in the State. 

ø(2) PROPOSED PERFORMANCE AGREEMENTS WITH LOCAL

EDUCATIONAL AGENCIES.— ø(A) IN GENERAL.—A State educational agency that 

wishes to receive flexibility authority under this subpart 

shall propose performance agreements that meet the requirements of clauses (i) and (ii) of subsection (b)(1)(B) 

(subject to approval of the application or amendment involved under subsection (d) or (e)). 

ø(B) PERFORMANCE AGREEMENTS.—Each proposed performance agreement with a local educational agency 

shall— 

ø(i) contain plans for the local educational agency 

to consolidate and use funds in accordance with section 6152, for activities that are aligned with the State 

educational agency’s plan described in paragraph 

(1)(G); 

ø(ii) be subject to the requirements of chapter B 

relating to agreements between the Secretary and a 

local educational agency, except— 

ø(I) that, as appropriate, references in that 

chapter to the Secretary shall be deemed to be references to the State educational agency; and 

ø(II) as otherwise provided in this chapter; 

and 

ø(iii) contain an assurance that the local educational agency will, for the duration of the grant of 

authority, use funds consolidated under section 6152 

only to supplement the amount of funds that would, in 

the absence of those Federal funds, be made available 

from non-Federal sources for the education of students 

participating in programs assisted with the consolidated funds, and not to supplant those funds. 

ø(d) APPROVAL AND SELECTION.—The Secretary shall— 

ø(1) establish a peer review process to assist in the review 

of proposed State applications under this section; and 

ø(2) appoint individuals to participate in the peer review 

process who are— 

ø(A) representative of parents, teachers, State educational agencies, and local educational agencies; and 

ø(B) familiar with educational standards, assessments, 

accountability, curricula, instruction, and staff development, and other diverse educational needs of students. 

ø(e) AMENDMENT TO GRANT OF AUTHORITY.— 

ø(1) IN GENERAL.—Subject to paragraph (2), the Secretary 

shall amend the grant of flexibility authority made to a State 

educational agency under this chapter, in each of the following 

circumstances: 

ø(A) REDUCTION IN SCOPE OF THE GRANT OF AUTHOR- ITY.—Not later than 1 year after receiving a grant of flexibility authority, the State educational agency seeks to 

amend the grant of authority to remove from the scope of 

the grant of authority any program described in section 

6142(b). 

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850 

ø(B) EXPANSION OF SCOPE OF THE GRANT OF AUTHOR- ITY.—Not later than 1 year after receiving a grant of flexibility authority, the State educational agency seeks to 

amend the grant of authority to include in the scope of the 

grant of authority any additional program described in section 6142(b) or any additional achievement indicators for 

which the State will be held accountable. 

ø(C) CHANGES WITH RESPECT TO NUMBER OF PERFORM- ANCE AGREEMENTS.—The State educational agency seeks 

to amend the grant of authority to include or remove performance agreements that the State educational agency 

proposes to enter into with eligible local educational agencies, except that in no case may the State educational 

agency enter into performance agreements that do not 

meet the requirements of clauses (i) and (ii) of subsection 

(b)(1)(B). 

ø(2) APPROVAL AND DISAPPROVAL.— 

ø(A) DEEMED APPROVAL.—A proposed amendment to a 

grant of flexibility authority submitted by a State educational agency pursuant to paragraph (1) shall be deemed 

to be approved by the Secretary unless the Secretary 

makes a written determination, prior to the expiration of 

the 120-day period beginning on the date on which the 

Secretary received the proposed amendment, that the proposed amendment is not in compliance with this chapter. 

ø(B) DISAPPROVAL.—The Secretary shall not finally 

disapprove the proposed amendment, except after giving 

the State educational agency notice and an opportunity for 

a hearing. 

ø(C) NOTIFICATION.—If the Secretary finds that the 

proposed amendment is not in compliance, in whole or in 

part, with this chapter, the Secretary shall— 

ø(i) give the State educational agency notice and 

an opportunity for a hearing; and 

ø(ii) notify the State educational agency of the 

finding of noncompliance and, in such notification, 

shall— 

ø(I) cite the specific provisions in the proposed 

amendment that are not in compliance; and 

ø(II) request additional information, only as to 

the noncompliant provisions, needed to make the 

proposed amendment compliant. 

ø(D) RESPONSE.—If the State educational agency responds to the Secretary’s notification described in subparagraph (C)(ii) during the 45-day period beginning on the 

date on which the agency received the notification, and resubmits the proposed amendment with the requested information described in subparagraph (C)(ii)(II), the Secretary shall approve or disapprove such proposed amendment prior to the later of— 

ø(i) the expiration of the 45-day period beginning 

on the date on which the proposed amendment is resubmitted; or 

ø(ii) the expiration of the 120-day period described 

in subparagraph (A). 

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851 

ø(E) FAILURE TO RESPOND.—If the State educational 

agency does not respond to the Secretary’s notification described in subparagraph (C)(ii) during the 45-day period 

beginning on the date on which the agency received the 

notification, such proposed amendment shall be deemed to 

be disapproved. 

ø(3) TREATMENT OF PROGRAM FUNDS WITHDRAWN FROM

GRANT OF AUTHORITY.—Beginning on the effective date of an 

amendment executed under paragraph (1)(A), each program requirement of each program removed from the scope of a grant 

of authority shall apply to the use of funds made available 

under the program by the State educational agency and each 

local educational agency with which the State educational 

agency has a performance agreement.¿ 

øSEC. 6142. ø20 U.S.C. 7315a¿ CONSOLIDATION AND USE OF FUNDS. 

ø(a) IN GENERAL.— 

ø(1) AUTHORITY.—Under a grant of flexibility authority 

made under this chapter, a State educational agency may consolidate Federal funds described in subsection (b) and made 

available to the agency, and use such funds for any educational 

purpose authorized under this Act. 

ø(2) PROGRAM REQUIREMENTS.—Except as otherwise provided in this chapter, a State educational agency may use 

funds under paragraph (1) notwithstanding the program requirements of the program under which the funds were made 

available to the State. 

ø(b) ELIGIBLE FUNDS AND PROGRAMS.— 

ø(1) FUNDS.—The funds described in this subsection are 

funds, for State-level activities and State administration, that 

are described in the following provisions: 

ø(A) Section 1004. 

ø(B) Paragraphs (4) and (5) of section 1202(d). 

ø(C) Section 2113(a)(3). 

ø(D) Section 2412(a)(1). 

ø(E) Subsections (a) (with the agreement of the Governor), (b)(2), and (c)(1) of section 4112. 

ø(F) Paragraphs (2) and (3) of section 4202(c). 

ø(G) Section 5112(b). 

ø(2) PROGRAMS.—The programs described in this subsection are the programs authorized to be carried out with 

funds described in paragraph (1). 

ø(c) SPECIAL RULE.—A State educational agency that receives 

a grant of flexibility authority under this chapter— 

ø(1) shall ensure that the funds described in section 

5112(a) are allocated to local educational agencies in the State 

in accordance with section 5112(a); but 

ø(2) may specify how the local educational agencies shall 

use the allocated funds.¿ 

øSEC. 6143. ø20 U.S.C. 7315b¿ PERFORMANCE REVIEW AND PENALTIES. 

ø(a) MIDTERM REVIEW.— ø(1) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.—If, 

during the term of a grant of flexibility authority under this 

chapter, a State educational agency fails to make adequate 

yearly progress for 2 consecutive years, the Secretary shall, 

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852 

after providing notice and an opportunity for a hearing, terminate the grant of authority promptly. 

ø(2) NONCOMPLIANCE.—The Secretary may, after providing 

notice and an opportunity for a hearing (including the opportunity to provide evidence as described in paragraph (3)), terminate a grant of flexibility authority for a State if there is evidence that the State educational agency involved has failed to 

comply with the terms of the grant of authority. 

ø(3) EVIDENCE.—If a State educational agency believes 

that a determination of the Secretary under this subsection is 

in error for statistical or other substantive reasons, the State 

educational agency may provide supporting evidence to the 

Secretary, and the Secretary shall consider that evidence before making a final termination determination under this subsection. 

ø(b) FINAL REVIEW.— 

ø(1) IN GENERAL.—If, at the end of the 5-year term of a 

grant of flexibility authority made under this chapter, the 

State educational agency has not met the requirements described in section 6141(c), the Secretary may not renew the 

grant of flexibility authority under section 6144. 

ø(2) COMPLIANCE.—Beginning on the date on which such 

term ends, the State educational agency, and the local educational agencies with which the State educational agency has 

entered into performance agreements, shall be required to comply with each of the program requirements in effect on such 

date for each program that was included in the grant of authority.¿ 

øSEC. 6144. ø20 U.S.C. 7315c¿ RENEWAL OF GRANT OF FLEXIBILITY AUTHORITY. 

ø(a) IN GENERAL.—Except as provided in section 6143 and in 

accordance with this section, if a State educational agency has met, 

by the end of the original 5-year term of a grant of flexibility authority under this chapter, the requirements described in section 

6141(c), the Secretary shall renew a grant of flexibility authority 

for one additional 5-year term. 

ø(b) RENEWAL.—The Secretary may not renew a grant of flexibility authority under this chapter unless, not later than 6 months 

before the end of the original term of the grant of authority, the 

State educational agency seeking the renewal notifies the Secretary, and the local educational agencies with which the State 

educational agency has entered into performance agreements, of 

the agency’s intention to renew the grant of authority. 

ø(c) EFFECTIVE DATE.—A renewal under this section shall be 

effective on the later of— 

ø(1) the expiration of the original term of the grant of authority; or 

ø(2) the date on which the State educational agency seeking the renewal provides to the Secretary all data required for 

the application described in section 6141(c).¿ 

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853 

øCHAPTER B—LOCAL FLEXIBILITY DEMONSTRATION¿ 

øSEC. 6151. ø20 U.S.C. 7321¿ LOCAL FLEXIBILITY DEMONSTRATION 

AGREEMENTS. 

ø(a) AUTHORITY.—Except as otherwise provided in this chapter, 

the Secretary shall, on a competitive basis, enter into local flexibility demonstration agreements— 

ø(1) with local educational agencies that submit approvable proposed agreements under subsection (c) and that are selected under subsection (b); and 

ø(2) under which those agencies may consolidate and use 

funds in accordance with section 6152. 

ø(b) SELECTION OF LOCAL EDUCATIONAL AGENCIES.— ø(1) IN GENERAL.—Subject to paragraph (2), the Secretary 

shall enter into local flexibility demonstration agreements 

under this chapter with not more than 80 local educational 

agencies. Each local educational agency shall be selected on a 

competitive basis from among those local educational agencies 

that— 

ø(A) submit a proposed local flexibility demonstration 

agreement under subsection (c) to the Secretary and demonstrate, to the satisfaction of the Secretary, that the 

agreement— 

ø(i) has a substantial promise of assisting the 

local educational agency in meeting the State’s definition of adequate yearly progress, advancing the education priorities of the local educational agency, meeting the general purposes of the programs included 

under this chapter and the purposes of this part, improving student achievement, and narrowing achievement gaps in accordance with section 1111(b); 

ø(ii) meets the requirements of this chapter; and 

ø(iii) contains a plan to consolidate and use funds 

in accordance with section 6152 in order to meet the 

State’s definition of adequate yearly progress and the 

local educational agency’s specific, measurable goals 

for improving student achievement and narrowing 

achievement gaps; and 

ø(B) have consulted and involved parents and other 

educators in the development of the proposed local flexibility demonstration agreement. 

ø(2) GEOGRAPHIC DISTRIBUTION.— ø(A) INITIAL AGREEMENTS.—The Secretary may enter 

into not more than three local flexibility demonstration 

agreements under this chapter with local educational 

agencies in each State that does not have a grant of flexibility authority under chapter A. 

ø(B) URBAN AND RURAL AREAS.—If more than three 

local educational agencies in a State submit approvable 

local flexibility demonstration agreements under this chapter, the Secretary shall select local educational agencies 

with which to enter into such agreements in a manner 

that ensures an equitable distribution among such agencies serving urban and rural areas. 

ø(C) PRIORITY OF STATES TO ENTER INTO STATE FLEXIBILITY DEMONSTRATION AGREEMENTS.—Notwithstanding 

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854 

any other provision of this part, a local educational agency 

may not seek to enter into a local flexibility demonstration 

agreement under this chapter if that agency is located in 

a State for which the State educational agency— 

ø(i) has, not later than 4 months after the date of 

enactment of the No Child Left Behind Act of 2001, 

notified the Secretary of its intent to apply for a grant 

of flexibility authority under chapter A and, within 

such period of time as the Secretary may establish, is 

provided with such authority by the Secretary; or 

ø(ii) has, at any time after such period, been 

granted flexibility authority under chapter A. 

ø(c) REQUIRED TERMS OF LOCAL FLEXIBILITY DEMONSTRATION

AGREEMENT.—Each local flexibility demonstration agreement entered into with the Secretary under this chapter shall contain each 

of the following terms: 

ø(1) DURATION.—The local flexibility demonstration agreement shall be for a term of 5 years. 

ø(2) APPLICATION OF PROGRAM REQUIREMENTS.—The local 

flexibility demonstration agreement shall provide that no requirements of any program described in section 6152 and included by a local educational agency in the scope of its agreement shall apply to that agency, except as otherwise provided 

in this chapter. 

ø(3) LIST OF PROGRAMS.—The local flexibility demonstration agreement shall list which of the programs described in 

section 6152 are included in the scope of the agreement. 

ø(4) USE OF FUNDS TO IMPROVE STUDENT ACHIEVEMENT.— The local flexibility demonstration agreement shall contain a 5- 

year plan describing how the local educational agency intends 

to consolidate and use the funds from programs included in the 

scope of the agreement for any educational purpose authorized 

under this Act to advance the education priorities of the local 

educational agency, meet the general purposes of the included 

programs, improve student achievement, and narrow achievement gaps in accordance with section 1111(b). 

ø(5) LOCAL INPUT.—The local flexibility demonstration 

agreement shall contain an assurance that the local educational agency will provide parents, teachers, and representatives of schools with notice and an opportunity to comment on 

the proposed terms of the local flexibility demonstration agreement. 

ø(6) FISCAL RESPONSIBILITIES.—The local flexibility demonstration agreement shall contain an assurance that the local 

educational agency will use fiscal control and fund accounting 

procedures that will ensure proper disbursement of, and accounting for, Federal funds consolidated and used under the 

agreement. 

ø(7) CIVIL RIGHTS.—The local flexibility demonstration 

agreement shall contain an assurance that the local educational agency will meet the requirements of all applicable 

Federal civil rights laws in carrying out the agreement and in 

consolidating and using the funds under the agreement. 

ø(8) PRIVATE SCHOOL PARTICIPATION.—The local flexibility 

demonstration agreement shall contain an assurance that the 

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855 

local educational agency agrees that in consolidating and using 

funds under the agreement— 

ø(A) the local educational agency, will provide for the 

equitable participation of students and professional staff in 

private schools consistent with section 9501; and 

ø(B) that sections 9502, 9503, and 9504 shall apply to 

all services and assistance provided with such funds in the 

same manner as such sections apply to services and assistance provided in accordance with section 9501. 

ø(9) SUPPLANTING.—The local flexibility demonstration 

agreement shall contain an assurance that the local educational agency will, for the duration of the grant of authority, 

use funds consolidated under section 6152 only to supplement 

the amount of funds that would, in the absence of those Federal funds, be made available from non-Federal sources for the 

education of students participating in programs assisted with 

the consolidated funds, and not to supplant those funds. 

ø(10) ANNUAL REPORTS.—The local flexibility demonstration agreement shall contain an assurance that the local educational agency shall, not later than 1 year after the date on 

which the Secretary enters into the agreement, and annually 

thereafter during the term of the agreement, disseminate widely to parents and the general public, transmit to the Secretary, 

and the State educational agency for the State in which the 

local educational agency is located, distribute to print and 

broadcast media, and post on the Internet, a report that includes a detailed description of how the local educational agency used the funds consolidated under the agreement to improve 

student academic achievement and reduce achievement gaps. 

ø(d) PEER REVIEW.—The Secretary shall— 

ø(1) establish a peer review process to assist in the review 

of proposed local flexibility demonstration agreements under 

this chapter; and 

ø(2) appoint individuals to the peer review process who are 

representative of parents, teachers, State educational agencies, 

and local educational agencies, and who are familiar with educational standards, assessments, accountability, curriculum, instruction and staff development, and other diverse educational 

needs of students. 

ø(e) AMENDMENT TO PERFORMANCE AGREEMENT.— 

ø(1) IN GENERAL.—In each of the following circumstances, 

the Secretary shall amend a local flexibility demonstration 

agreement entered into with a local educational agency under 

this chapter: 

ø(A) REDUCTION IN SCOPE OF LOCAL FLEXIBILITY DEMONSTRATION AGREEMENT.—Not later than 1 year after entering into a local flexibility demonstration agreement, the 

local educational agency seeks to amend the agreement to 

remove from the scope any program described in section 

6152. 

ø(B) EXPANSION OF SCOPE OF LOCAL FLEXIBILITY DEM- ONSTRATION AGREEMENT.—Not later than 1 year after entering into the local flexibility demonstration agreement, a 

local educational agency seeks to amend the agreement to 

include in its scope any additional program described in 

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856 

section 6251 or any additional achievement indicators for 

which the local educational agency will be held accountable. 

ø(2) APPROVAL AND DISAPPROVAL.— 

ø(A) DEEMED APPROVAL.—A proposed amendment to a 

local flexibility demonstration agreement pursuant to 

paragraph (1) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the proposed amendment, that the proposed amendment is not in 

compliance with this chapter. 

ø(B) DISAPPROVAL.—The Secretary shall not finally 

disapprove the proposed amendment, except after giving 

the local educational agency notice and an opportunity for 

a hearing. 

ø(C) NOTIFICATION.—If the Secretary finds that the 

proposed amendment is not in compliance, in whole or in 

part, with this chapter, the Secretary shall— 

ø(i) give the local educational agency notice and 

an opportunity for a hearing; and 

ø(ii) notify the local educational agency of the 

finding of noncompliance and, in such notification, 

shall— 

ø(I) cite the specific provisions in the proposed 

amendment that are not in compliance; and 

ø(II) request additional information, only as to 

the noncompliant provisions, needed to make the 

proposed amendment compliant. 

ø(D) RESPONSE.—If the local educational agency responds to the Secretary’s notification described in subparagraph (C)(ii) during the 45-day period beginning on the 

date on which the agency received the notification, and resubmits the proposed amendment with the requested information described in subparagraph (C)(ii)(II), the Secretary shall approve or disapprove such proposed amendment prior to the later of— 

ø(i) the expiration of the 45-day period beginning 

on the date on which the proposed amendment is resubmitted; or 

ø(ii) the expiration of the 120-day period described 

in subparagraph (A). 

ø(E) FAILURE TO RESPOND.—If the local educational 

agency does not respond to the Secretary’s notification described in subparagraph (C)(ii) during the 45-day period 

beginning on the date on which the agency received the 

notification, such proposed amendment shall be deemed to 

be disapproved. 

ø(3) TREATMENT OF PROGRAM FUNDS WITHDRAWN FROM

AGREEMENT.—Beginning on the effective date of an amendment 

executed under paragraph (1)(A), each program requirement of 

each program removed from the scope of a local flexibility demonstration agreement shall apply to the use of funds made 

available under the program by the local educational agency.¿ 

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857 

øSEC. 6152. ø20 U.S.C. 7321a¿ CONSOLIDATION AND USE OF FUNDS. 

ø(a) IN GENERAL.— ø(1) AUTHORITY.—Under a local flexibility demonstration 

agreement entered into under this chapter, a local educational 

agency may consolidate Federal funds made available to the 

agency under the provisions listed in subsection (b) and use 

such funds for any educational purpose permitted under this 

Act. 

ø(2) PROGRAM REQUIREMENTS.—Except as otherwise provided in this chapter, a local educational agency may use funds 

under paragraph (1) notwithstanding the program requirements of the program under which the funds were made available to the agency. 

ø(b) ELIGIBLE PROGRAMS.—Program funds made available to 

local educational agencies on the basis of a formula under the following provisions may be consolidated and used under subsection 

(a): 

ø(1) Subpart 2 of part A of title II. 

ø(2) Subpart 1 of part D of title II. 

ø(3) Subpart 1 of part A of title IV. 

ø(4) Subpart 1 of part A of title V.¿ 

øSEC. 6153. ø20 U.S.C. 7321b¿ LIMITATIONS ON ADMINISTRATIVE EXPENDITURES. 

øEach local educational agency that has entered into a local 

flexibility demonstration agreement with the Secretary under this 

chapter may use for administrative purposes not more than 4 percent of the total amount of funds allocated to the agency under the 

programs included in the scope of the agreement.¿ 

øSEC. 6154. ø20 U.S.C. 7321c¿ PERFORMANCE REVIEW AND PENALTIES. 

ø(a) MIDTERM REVIEW.— ø(1) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.—If, 

during the term of a local flexibility demonstration agreement, 

a local educational agency fails to make adequate yearly 

progress for 2 consecutive years, the Secretary shall, after notice and opportunity for a hearing, promptly terminate the 

agreement. 

ø(2) NONCOMPLIANCE.—The Secretary may, after providing 

notice and an opportunity for a hearing (including the opportunity to provide information as provided for in paragraph (3)), 

terminate a local flexibility demonstration agreement under 

this chapter if there is evidence that the local educational 

agency has failed to comply with the terms of the agreement. 

ø(3) EVIDENCE.—If a local educational agency believes that 

the Secretary’s determination under this subsection is in error 

for statistical or other substantive reasons, the local educational agency may provide supporting evidence to the Secretary, and the Secretary shall consider that evidence before 

making a final early termination determination. 

ø(b) FINAL REVIEW.—If, at the end of the 5-year term of a local 

flexibility demonstration agreement entered into under this chapter, the local educational agency has not met the requirements described in section 6151(c), the Secretary may not renew the agreement under section 6155 and, beginning on the date on which such 

term ends, the local educational agency shall be required to comply 

with each of the program requirements in effect on such date for 

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858 

each program included in the local flexibility demonstration agreement.¿ 

øSEC. 6155. ø20 U.S.C. 7321d¿ RENEWAL OF LOCAL FLEXIBILITY DEMONSTRATION AGREEMENT. 

ø(a) IN GENERAL.—Except as provided in section 6154 and in 

accordance with this section, the Secretary shall renew for one additional 5-year term a local flexibility demonstration agreement entered into under this chapter if the local educational agency has 

met, by the end of the original term of the agreement, the requirements described in section 6151(c). 

ø(b) NOTIFICATION.—The Secretary may not renew a local flexibility demonstration agreement under this chapter unless, not less 

than 6 months before the end of the original term of the agreement, the local educational agency seeking the renewal notifies the 

Secretary of its intention to renew. 

ø(c) EFFECTIVE DATE.—A renewal under this section shall be 

effective at the end of the original term of the agreement or on the 

date on which the local educational agency seeking renewal provides to the Secretary all data required under the agreement, 

whichever is later.¿ 

øSEC. 6156. ø20 U.S.C. 7321e¿ REPORTS. 

ø(a) TRANSMITTAL TO CONGRESS.—Not later than 60 days after 

the Secretary receives a report described in section 6151(b)(10), the 

Secretary shall make the report available to the Committee on 

Education and the Workforce of the House of Representatives and 

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

Senate. 

ø(b) LIMITATION.—A State in which a local educational agency 

that has a local flexibility demonstration agreement is located may 

not require such local educational agency to provide any application information with respect to the programs included within the 

scope of that agreement other than that information that is required to be included in the report described in section 

6151(b)(10).¿ 

øSubpart 4—State Accountability for Adequate 

Yearly Progress¿ 

øSEC. 6161. ø20 U.S.C. 7325¿ ACCOUNTABILITY FOR ADEQUATE YEARLY 

PROGRESS. 

øIn the case of a State educational agency that has a plan approved under subpart 1 of part A of title I after the date of enactment of the No Child Left Behind Act of 2001, and has a plan approved under subpart 1 of part A of title III of such Act after such 

date of enactment, the Secretary shall annually, starting with the 

beginning of the first school year following the first two school 

years for which such plans were implemented, review whether the 

State has— 

ø(1) made adequate yearly progress, as defined in section 

1111(b)(2)(B), for each of the groups of students described in 

section 1111(b)(2)(C)(v); and 

ø(2) met its annual measurable achievement objectives 

under section 3122(a).¿ 

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øSEC. 6162. ø20 U.S.C. 7325a¿ PEER REVIEW. 

øThe Secretary shall use a peer review process to review, 

based on data from the State assessments administered under section 1111(b)(3) and on data from the evaluations conducted under 

section 3121, whether the State has failed to make adequate yearly 

progress for 2 consecutive years or whether the State has met its 

annual measurable achievement objectives.¿ 

øSEC. 6163. ø20 U.S.C. 7325b¿ TECHNICAL ASSISTANCE. 

ø(a) PROVISION OF ASSISTANCE.— 

ø(1) ADEQUATE YEARLY PROGRESS.—Based on the review 

described in section 6161(1), the Secretary shall provide technical assistance to a State that has failed to make adequate 

yearly progress, as defined in section 1111(b)(2), for 2 consecutive years. The Secretary shall provide such assistance not 

later than the beginning of the first school year that begins 

after such determination is made. 

ø(2) ANNUAL MEASURABLE ACHIEVEMENT OBJECTIVES.— 

Based on the reviews described in section 6161(2), the Secretary may provide technical assistance to a State that has 

failed to meet its annual measurable achievement objectives 

under section 3122(a) for 2 consecutive years. The Secretary 

shall provide such assistance not later than the beginning of 

the first school year that begins after such determination is 

made. 

ø(b) CHARACTERISTICS.—The technical assistance described in 

subsection (a) shall— 

ø(1) be valid, reliable and rigorous; and 

ø(2) provide constructive feedback to help the State make 

adequate yearly progress, as defined in section 1111(b)(2), or 

meet the annual measurable achievement objectives under section 3122(a).¿ 

øSEC. 6164. ø20 U.S.C. 7325c¿ REPORT TO CONGRESS. 

øBeginning with the school year that begins in 2005, the Secretary shall submit an annual report to the Committee on Education and the Workforce of the House of Representatives and the 

Committee on Health, Education, Labor, and Pensions of the Senate containing the following: 

ø(1) A list of each State that has not made adequate yearly 

progress based on the review conducted under section 6161(1). 

ø(2) A list of each State that has not met its annual measurable achievement objectives based on the review conducted 

under section 6161(2). 

ø(3) The information reported by the State to the Secretary 

pursuant to section 1119(a). 

ø(4) A description of any technical assistance provided pursuant to section 6163.¿ 

PART A—TRANSFERABILITY 

SEC. 6101. TRANSFERABILITY OF FUNDS. 

(a) TRANSFERS BY STATES.— 

(1) AUTHORITY TO TRANSFER.—Except as provided in paragraph (2), in accordance with this part, a State may transfer 

up to 100 percent of the State funds allotted to the State for a 

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860 

fiscal year for use for State-level activities described in this Act 

that are carried out as part of a grant program in which funds 

for the grant are distributed by a formula to 1 or more other 

State formula grant programs under this Act for such fiscal 

year. 

(2) PROHIBITION AGAINST TRANSFERRING FUNDS OUT CER- TAIN TITLES.—A State may not transfer, pursuant to paragraph 

(1), any funds that originate in title I or III out of such respective title. 

(b) TRANSFERS BY LOCAL EDUCATIONAL AGENCIES.— (1) AUTHORITY TO TRANSFER.—Except as provided in paragraph (2), in accordance with this part, a local educational 

agency may transfer up to 100 percent of the funds allocated to 

it for a fiscal year for use for local-level activities described in 

this Act that are carried out as part of a grant program in 

which funds for the grant are distributed by a formula to 1 or 

more other local educational agency formula grant programs 

under this Act for such fiscal year. 

(2) PROHIBITION AGAINST TRANSFERRING FUNDS OUT OF

CERTAIN TITLES.—A local educational agency may not transfer, 

pursuant to paragraph (1), any funds that originate in title I, 

III, or VIII or part A of title VII out of such respective title. 

(3) SPECIAL RULE WITH RESPECT TO RURAL DISTRICTS.—Except as provided in paragraph (2), a local educational agency 

that is eligible to receive assistance under part B may transfer 

100 percent of the funds allocated to it for a fiscal year for use 

for local-level activities described in this Act that are carried 

out as part of a grant program in which funds for the grant are 

distributed by a formula to 1 or more other local educational 

agency formula grant programs under this Act for such fiscal 

year or to carry out activities under a grant program in which 

funds for the grant are distributed by formula to States. 

(c) APPLICABLE RULES.— (1) IN GENERAL.—Except as otherwise provided in this part, 

funds transferred pursuant to this section are subject to each of 

the rules and requirements applicable to the funds under the 

provision to which the transferred funds are transferred. 

(2) CONSULTATION.—Each State educational agency or 

local educational agency that transfers funds under this section 

shall conduct consultations in accordance with section 9501, if 

such transfer transfers funds from a program that provides for 

the participation of students, teachers, or other educational personnel, from private schools. 

PART B—RURAL EDUCATION INITIATIVE 

SEC. 6201. SHORT TITLE. 

This part may be cited as the ‘‘Rural Education Achievement 

Program’’. 

* * * * * * * 

øSEC. 6211. ø20 U.S.C. 7345¿ USE OF APPLICABLE FUNDING. 

ø(a) ALTERNATIVE USES.— 

ø(1) IN GENERAL.—Notwithstanding any other provision of 

law, an eligible local educational agency may use the applicamstockstill on DSK4VPTVN1PROD with HEARINGS

861 

ble funding that the agency is eligible to receive from the State 

educational agency for a fiscal year to carry out local activities 

authorized under any of the following provisions: 

ø(A) Part A of title I. 

ø(B) Part A or D of title II. 

ø(C) Title III. 

ø(D) Part A or B of title IV. 

ø(E) Part A of title V. 

ø(2) NOTIFICATION.—An eligible local educational agency 

shall notify the State educational agency of the local educational agency’s intention to use the applicable funding in accordance with paragraph (1), by a date that is established by 

the State educational agency for the notification. 

ø(b) ELIGIBILITY.— 

ø(1) IN GENERAL.—A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) if— 

ø(A)(i)(I) the total number of students in average daily 

attendance at all of the schools served by the local educational agency is fewer than 600; or 

ø(II) each county in which a school served by the local 

educational agency is located has a total population density of fewer than 10 persons per square mile; and 

ø(ii) all of the schools served by the local educational 

agency are designated with a school locale code of 7 or 8, 

as determined by the Secretary; or 

ø(B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with 

paragraph (2), grants the local educational agency’s request to waive the criteria described in subparagraph 

(A)(ii). 

ø(2) CERTIFICATION.—The Secretary shall determine 

whether to waive the criteria described in paragraph (1)(A)(ii) 

based on a demonstration by the local educational agency, and 

concurrence by the State educational agency, that the local 

educational agency is located in an area defined as rural by a 

governmental agency of the State. 

ø(c) APPLICABLE FUNDING DEFINED.—In this section, the term 

‘‘applicable funding’’ means funds provided under any of the following provisions: 

ø(1) Subpart 2 and section 2412(a)(2)(A) of title II. 

ø(2) Section 4114. 

ø(3) Part A of title V. 

ø(d) DISBURSEMENT.—Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses 

under this section for the fiscal year at the same time as the State 

educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding 

for such alternative uses for the fiscal year. 

ø(e) APPLICABLE RULES.—Applicable funding under this section 

shall be available to carry out local activities authorized under subsection (a).¿ 

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862 

SEC. ø6212¿6211. øGRANT¿ PROGRAM AUTHORIZED. 

(a) IN GENERAL.—The Secretary is authorized to award grants 

to eligible local educational agencies to enable the local educational 

agencies to carry out øactivities authorized under any of the following provisions: 

ø(1) Part A of title I. 

ø(2) Part A or D of title II. 

ø(3) Title III. 

ø(4) Part A or B of title IV. 

ø(5) Part A of title V.¿activities consistent with section 

6101(b). 

(b) ALLOCATION.— 

(1) IN GENERAL.—Except as provided in øparagraph 

(3)¿paragraphs (3) and (4), the Secretary shall award a grant 

under subsection (a) to a local educational agency eligible 

under øsection 6211(b)¿subsection (d) for a fiscal year in an 

amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received 

by the agency under the provisions of law described in section 

ø6211(c)¿subpart 2 of part A of title II for the preceding fiscal 

year. 

ø(2) DETERMINATION OF INITIAL AMOUNT.—The initial 

amount referred to in paragraph (1) is equal to $100 multiplied 

by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount 

may not exceed $60,000.¿ 

(2) DETERMINATION OF INITIAL AMOUNT.— 

(A) IN GENERAL.—The initial amount referred to in 

paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational 

agency, plus $20,000, except that the initial amount may 

not exceed $60,000. 

(B) APPROPRIATION MORE THAN $211,723,832.—Notwithstanding subparagraph (A), if the appropriation for this 

part is more than $211,723,832, a grant under this part 

shall not be less than $25,000, and the initial amount may 

not exceed $80,000. 

(3) RATABLE ADJUSTMENT.— 

(A) IN GENERAL.—* * * 

* * * * * * * 

(4) COALITIONS OF LIKE SCHOOL DISTRICTS.— 

(A) IN GENERAL.—Notwithstanding paragraph (1) and 

subject to subparagraph (B), in the case of a local educational agency that is eligible under subsection (d) and is 

comprised of 3 or more like school districts, the Secretary 

shall award a grant under subsection (a) to such a local 

educational agency for a fiscal year in an amount equal to 

the difference between— 

(i) the initial amount determined under paragraph 

(2) for the fiscal year; and 

(ii) the quotient that is obtained by dividing— 

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863 

(I) the total amount received by the agency 

under the provisions of law described in subpart 2 

of part A of title II for the preceding fiscal year; by 

(II) the sum of— 

(aa) the number of constituent districts 

that comprise such local educational agency; 

plus 

(bb) the product of— 

(AA) the number of constituent school 

districts within such local educational 

agency; and 

(BB) 4,000. 

(B) LIMITATION.—Notwithstanding subparagraph (A), 

no local educational agency shall receive more than 

$60,000 under this paragraph. 

(c) DISBURSEMENT.* * * 

(d) ELIGIBILITY.— 

(1) IN GENERAL.—A local educational agency shall be eligible for a grant under this section if— 

(A)(i)(I) the total number of students in average daily 

attendance at all of the schools served by the local educational agency is fewer than 600; 

(II) in the case of a local educational agency described 

in paragraph (4) of subsection (b), the total number of students in average daily attendance at all schools served by 

the local educational agency is fewer than the product of— 

(aa) 600; and 

(bb) the number of constituent school districts 

within the local educational agency; or 

(III) each county or locale in which a school served by 

the local educational agency is located has a total population density of fewer than 10 persons per square mile; 

and 

(ii) each of the schools served by the local educational 

agency is designated with a school locale code of 32, 33, 41, 

42, or 43, as determined by the Secretary; or 

(B) the agency meets at least 1 of the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the State educational 

agency’s request to waive the criterion described in subparagraph (A)(ii). 

(2) CERTIFICATION.—The Secretary shall determine whether 

to waive the criterion described in paragraph (1)(A)(ii) based on 

a demonstration by the local educational agency, and with the 

concurrence of the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. 

øø(d)¿(e) SPECIAL ELIGIBILITY RULE.—A local educational agency that is eligible to receive a grant under this subpart for a fiscal 

year is not eligible to receive funds for such fiscal year under subpart 2.¿ 

(e) SPECIAL ELIGIBILITY RULE.—A local educational agency may 

receive grant funding under subpart 1 or subpart 2, but may not receive grant funding under both such subparts. 

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864 

øSEC. ø6213¿6212. ø20 U.S.C. 7345b¿ ACCOUNTABILITY. 

ø(a) ACADEMIC ACHIEVEMENT ASSESSMENT.—Each local educational agency that uses or receives funds under this subpart for 

a fiscal year shall administer an assessment that is consistent with 

section 1111(b)(3). 

ø(b) DETERMINATION REGARDING CONTINUING PARTICIPATION.— 

Each State educational agency that receives funding under the provisions of law described in section 6211(c) shall— 

ø(1) after the third year that a local educational agency in 

the State participates in a program under this subpart and on 

the basis of the results of the assessments described in subsection (a), determine whether the local educational agency 

participating in the program made adequate yearly progress, 

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

ø(2) permit only those local educational agencies that participated and made adequate yearly progress, as described in 

section 1111(b)(2), to continue to participate; and 

ø(3) permit those local educational agencies that participated and failed to make adequate yearly progress, as described in section 1111(b)(2), to continue to participate only if 

such local educational agencies use applicable funding under 

this subpart to carry out the requirements of section 1116.¿ 

SEC. 6212. ACADEMIC ACHIEVEMENT ASSESSMENTS. 

Each local educational agency that uses or receives funds under 

this subpart for a fiscal year shall administer assessments that are 

consistent with section 1111(a)(2). 

* * * * * * * 

SEC. 6221. PROGRAM AUTHORIZED. 

(a) GRANTS TO STATES.— 

(1) IN GENERAL.—From amounts appropriated øunder section 6234 for¿to carry out this subpart for a fiscal year that are 

not reserved under subsection (c), the Secretary shall award 

grants (from allotments made under paragraph (2)) for the fiscal year to State educational agencies that have applications 

submitted under section 6223 approved to enable the State 

educational agencies to award grants to eligible local educational agencies for local authorized activities described in 

section 6222(a). 

* * * * * * * 

(b) LOCAL AWARDS.— 

(1) ELIGIBILITY.—* * * 

(A) * * * 

* * * * * * * 

(B) all of the schools served by the agency are designated with a school locale code of ø6, 7, or 8,¿33, 41, 42, 

or 43, as determined by the Secretary. 

* * * * * * * 

(c) RESERVATIONS.—From amounts appropriated øunder section 6234 for¿to carry out this subpart for a fiscal year, the Secretary shall reserve— 

(1) one-half of 1 percent to make awards to elementary 

schools or secondary schools operated or supported by the øBumstockstill on DSK4VPTVN1PROD with HEARINGS

865 

reau of Indian Affairs¿Bureau of Indian Education, to carry 

out the activities authorized under this subpart; and 

(2) * * * 

* * * * * * * 

SEC. 6222. USES OF FUNDS. 

ø(a) LOCAL AWARDS.—Grant funds awarded to local educational agencies under this subpart shall be used for any of the 

following: 

ø(1) Teacher recruitment and retention, including the use 

of signing bonuses and other financial incentives. 

ø(2) Teacher professional development, including programs 

that train teachers to utilize technology to improve teaching 

and to train special needs teachers. 

ø(3) Educational technology, including software and hardware, as described in part D of title II. 

ø(4) Parental involvement activities. 

ø(5) Activities authorized under the Safe and Drug-Free 

Schools program under part A of title IV. 

ø(6) Activities authorized under part A of title I. 

ø(7) Activities authorized under title III.¿ 

(a) LOCAL AWARDS.—Grant funds awarded to local educational 

agencies under this subpart shall be used to carry out local-level activities consistent with section 6101(b). 

* * * * * * * 

SEC. 6224. ACCOUNTABILITY. 

(a) STATE REPORT.—* * * 

* * * * * * * 

(c) REPORT TO CONGRESS.—The Secretary shall prepare and 

submit to øthe Committee on Education and the Workforce of the 

House of Representatives and the Committee on Health, Education, 

Labor, and Pensions of the Senate¿the authorizing committees a biennial report. The report shall describe— 

(1) the methods the State educational agencies used to 

award grants to eligible local educational agencies, and to provide assistance to schools, under this subpart; 

ølocal educational agencies and schools¿ 

(2) how local educational agencies and schools used funds 

provided under this subpart; and 

(3) * * * 

* * * * * * * 

(d) ACADEMIC ACHIEVEMENT øASSESSMENT¿ASSESSMENTS.— 

Each local educational agency or specially qualified agency that receives a grant under this subpart for a fiscal year shall administer 

øan assessment that is consistent with section 

1111(b)(3)¿assessments that are consistent with section 1111(a)(2). 

ø(e) DETERMINATION REGARDING CONTINUING PARTICIPATION.— 

Each State educational agency or specially qualified agency that receives a grant under this subpart shall— 

ø(1) after the third year that a local educational agency or 

specially qualified agency in the State receives funds under 

this subpart, and on the basis of the results of the assessments 

described in subsection (d)— 

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866 

ø(A) in the case of a local educational agency, determine whether the local educational agency made adequate 

yearly progress, as described in section 1111(b)(2); and 

ø(B) in the case of a specially qualified agency, submit 

to the Secretary information that would allow the Secretary to determine whether the specially qualified agency 

has made adequate yearly progress, as described in section 

1111(b)(2); 

ø(2) permit only those local educational agencies or specially qualified agencies that made adequate yearly progress, 

as described in section 1111(b)(2), to continue to receive grants 

under this subpart; and 

ø(3) permit those local educational agencies or specially 

qualified agencies that failed to make adequate yearly 

progress, as described in section 1111(b)(2), to continue to receive such grants only if the State educational agency disbursed such grants to the local educational agencies or specially qualified agencies to carry out the requirements of section 1116.¿ 

* * * * * * * 

SEC. 6231. CHOICE OF PARTICIPATION. 

If a local educational agency is eligible for funding under subpart 1 and subpart 2 of this part, such local educational agency 

may choose to participate in either subpart 1 or subpart 2. 

SEC. ø6231¿6232. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION. 

(a) CENSUS DETERMINATION.—Each local educational agency 

desiring a grant under section ø6212¿6211 and each local educational agency or specially qualified agency desiring a grant under 

subpart 2 shall— 

(1) not later than December 1 of each year, conduct a census to determine the number of students in average daily attendance in kindergarten through grade 12 at the schools 

served by the agency; and 

(2) not later than March 1 of each year, submit the number described in paragraph (1) to the Secretary (and to the 

State educational agency, in the case of a local educational 

agency seeking a grant under subpart (2)). 

(b) PENALTY.—If the Secretary determines that a local educational agency or specially qualified agency has knowingly submitted false information under subsection (a) for the purpose of 

gaining additional funds øunder section 6212 or subpart 2¿under 

this part, then the agency shall be fined an amount equal to twice 

the difference between the amount the agency received øunder this 

section¿under this part and the correct amount the agency would 

have received øunder section 6212 or subpart 2¿under this part if 

the agency had submitted accurate information under subsection 

(a). 

SEC. ø6232¿6233. SUPPLEMENT, NOT SUPPLANT. 

Funds made available under øsubpart 1 or subpart 2¿this part 

shall be used to supplement, and not supplant, any other Federal, 

State, or local education funds. 

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SEC. ø6233¿6234. RULE OF CONSTRUCTION. 

Nothing in this part shall be construed to prohibit a local educational agency that enters into cooperative arrangements with 

other local educational agencies for the provision of special, compensatory, or other education services, pursuant to State law or a 

written agreement, from entering into similar arrangements for the 

use, or the coordination of the use, of the funds made available 

under this part. 

øSEC. 6234. ø20 U.S.C. 7355c¿ AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated to carry out this part 

$300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years, to be distributed 

equally between subparts 1 and 2.¿ 

* * * * * * * 

øPART C—GENERAL PROVISIONS¿ 

øSEC. 6301. ø20 U.S.C. 7371¿ PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL. 

øNothing in this title shall be construed to authorize an officer 

or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic achievement standards and assessments, 

curriculum, or program of instruction, as a condition of eligibility 

to receive funds under this Act. 

øSEC. 6302. ø20 U.S.C. 7372¿ RULE OF CONSTRUCTION ON EQUALIZED 

SPENDING. 

øNothing in this title shall be construed to mandate equalized 

spending per pupil for a State, local educational agency, or school.¿ 

* * * * * * * 

TITLE VII—INDIAN, NATIVE HAWAIIAN, 

AND ALASKA NATIVE EDUCATION 

PART A—INDIAN EDUCATION 

SEC. 7101. STATEMENT OF POLICY. 

* * * * * * * 

øSEC. 7102. ø20 U.S.C. 7402¿ PURPOSE. 

ø(a) PURPOSE.—It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations, 

postsecondary institutions, and other entities to meet the unique 

educational and culturally related academic needs of American Indian and Alaska Native students, so that such students can meet 

the same challenging State student academic achievement standards as all other students are expected to meet. 

ø(b) PROGRAMS.—This part carries out the purpose described in 

subsection (a) by authorizing programs of direct assistance for— 

ø(1) meeting the unique educational and culturally related 

academic needs of American Indians and Alaska Natives; 

ø(2) the education of Indian children and adults; 

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868 

ø(3) the training of Indian persons as educators and counselors, and in other professions serving Indian people; and 

ø(4) research, evaluation, data collection, and technical assistance.¿ 

* * * * * * * 

SEC. 7102. PURPOSE. 

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

institutions, and other entities to ensure— 

(1) the academic achievement of American Indian and 

Alaska Native students by meeting their unique cultural, language, and educational needs, consistent with section 1111(a); 

(2) that Indian and Alaska Native students gain knowledge 

and understanding of Native communities, languages, tribal 

histories, traditions, and cultures; and 

(3) that principals, teachers, and other staff who serve Indian and Alaska Native students have the ability to provide 

culturally appropriate and effective instruction to such students. 

øSEC. 7111. ø20 U.S.C. 7421¿ PURPOSE. 

øIt is the purpose of this subpart to support local educational 

agencies in their efforts to reform elementary school and secondary 

school programs that serve Indian students in order to ensure that 

such programs— 

ø(1) are based on challenging State academic content and 

student academic achievement standards that are used for all 

students; and 

ø(2) are designed to assist Indian students in meeting 

those standards.¿ 

SEC. 7111. PURPOSE. 

(a) PURPOSE.—It is the purpose of this subpart to support the 

efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities to improve the 

academic achievement of American Indian and Alaska Native students by meeting their unique cultural, language, and educational 

needs. 

(b) PROGRAMS.—This subpart carries out the purpose described 

in subsection (a) by authorizing programs of direct assistance for— 

(1) meeting the unique educational and culturally related 

academic needs of Indians and Alaska Natives, including gaining knowledge of Native American languages, history, traditions, and cultures; 

(2) the education of Indian children and adults; 

(3) the training of Indian persons as educators and counselors, and in other professions serving Indian people; and 

(4) research, evaluation, data collection, and technical assistance. 

* * * * * * * 

SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES. 

(a) IN GENERAL.—The Secretary may make grants, from allocations made under section 7113, to local educational agencies øand 

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869 

Indian tribes¿, Indian tribes, and Indian organizations, in accordance with this section and section 7113. 

(b) LOCAL EDUCATIONAL AGENCIES.— (1) ENROLLMENT REQUIREMENTS.—* * * 

* * * * * * * 

(2) EXCLUSION.—The requirement of paragraph (1) shall 

not apply in Alaska, California, or Oklahoma, or with respect 

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

øa reservation¿an Indian reservation. 

ø(c) INDIAN TRIBES.— ø(1) IN GENERAL.—If a local educational agency that is otherwise eligible for a grant under this subpart does not establish a committee under section 7114(c)(4) for such grant, an Indian tribe that represents not less than 1⁄2 of the eligible Indian children who are served by such local educational agency 

may apply for such grant. 

ø(2) SPECIAL RULE.—The Secretary shall treat each Indian 

tribe applying for a grant pursuant to paragraph (1) as if such 

Indian tribe were a local educational agency for purposes of 

this subpart, except that any such tribe is not subject to section 7114(c)(4), section 7118(c), or section 7119.¿ 

(c) INDIAN TRIBES AND INDIAN ORGANIZATIONS.— (1) IN GENERAL.—If a local educational agency that is otherwise eligible for a grant under this subpart does not establish 

a committee under section 7114(c)(5) for such grant, an Indian 

tribe, an Indian organization, or a consortium of such entities, 

that represents more than one-half of the eligible Indian children who are served by such local educational agency may 

apply for such grant. 

(2) UNAFFILIATED INDIAN TRIBES.—An Indian tribe that operates a school and is not affiliated with either the local educational agency or the Bureau of Indian Education shall be eligible to apply for a grant under this subpart. 

(3) SPECIAL RULE.— (A) IN GENERAL.—The Secretary shall treat each Indian tribe, Indian organization, or consortium of such entities applying for a grant pursuant to paragraph (1) or (2) 

as if such tribe, Indian organization, or consortium were a 

local educational agency for purposes of this subpart . 

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

such Indian tribe, Indian organization, or consortium shall 

not be subject to the requirements of subsections (b)(7) or 

(c)(5) of section 7114 or section 7118(c) or 7119. 

(4) ASSURANCE TO SERVE ALL INDIAN CHILDREN.—An Indian tribe, Indian organization, or consortium of such entities 

that is eligible to apply for a grant under paragraph (1) shall 

include, in the application required under section 7114, an assurance that the entity will use the grant funds to provide services to all Indian students served by the local educational agency. 

(d) INDIAN COMMUNITY-BASED ORGANIZATION.— (1) IN GENERAL.—If no local educational agency pursuant 

to subsection (b), and no Indian tribe, Indian organization, or 

consortium pursuant to subsection (c), applies for a grant under 

this subpart, an Indian community-based organization serving 

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870 

the community of the local educational agency may apply for 

such grant. 

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

apply the special rule in subsection (c)(3) to a community-based 

organization applying or receiving a grant under paragraph (1) 

in the same manner as such rule applies to an Indian tribe, Indian organization, or consortium. 

(3) DEFINITION OF INDIAN COMMUNITY-BASED ORGANIZATION.—In this subsection, the term ‘‘Indian community-based 

organization’’ means any organization that— 

(A) is composed primarily of Indian parents and community members, tribal government education officials, and 

tribal members from a specific community; 

(B) assists in the social, cultural, and educational development of Indians in such community; 

(C) meets the unique cultural, language, and academic 

needs of Indian students; and 

(D) demonstrates organizational capacity to manage 

the grant. 

(e) CONSORTIA.— 

(1) IN GENERAL.—A local educational agency, Indian tribe, 

or Indian organization that meets the eligibility requirements 

under this section may form a consortium with other eligible 

local educational agencies, Indian tribes, or Indian organizations for the purpose of obtaining grants and operating programs under this subpart. 

(2) REQUIREMENTS FOR LOCAL EDUCATIONAL AGENCIES IN

CONSORTIA.—In any case where 2 or more local educational 

agencies that are eligible under subsection (b) form or participate in a consortium to obtain a grant, or operate a program, 

under this subpart, each local educational agency participating 

in such a consortium shall— 

(A) provide, in the application submitted under section 

7114, an assurance that the eligible Indian children served 

by such local educational agency will receive the services of 

the programs funded under this subpart; and 

(B) agree to be subject to all requirements, assurances, 

and obligations applicable to a local educational agency receiving a grant under this subpart. 

* * * * * * * 

SEC. 7113. AMOUNT OF GRANTS. 

(a) AMOUNT OF GRANT AWARDS.— 

(1) IN GENERAL.—* * * 

* * * * * * * 

(b) MINIMUM GRANT.— 

(1) IN GENERAL.—Notwithstanding subsection (e), an entity 

that is eligible for a grant under section 7112, and a school 

that is operated or supported by the øBureau of Indian Affairs¿Bureau of Indian Education that is eligible for a grant 

under subsection (d), that submits an application that is approved by the Secretary, shall, subject to appropriations, remstockstill on DSK4VPTVN1PROD with HEARINGS

871 

ceive a grant under this subpart in an amount that is not less 

than ø$3,000¿$10,000. 

* * * * * * * 

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

grant under paragraph (1) to not more than ø$4,000¿$15,000 

for all grantees if the Secretary determines such increase is 

necessary to ensure the quality of the programs provided. 

* * * * * * * 

(d) SCHOOLS OPERATED OR SUPPORTED BY THE øBUREAU OF INDIAN AFFAIRS¿BUREAU OF INDIAN EDUCATION.— 

(1) IN GENERAL.—* * * 

(A) * * * 

(i) øthe Bureau of Indian Affairs¿the Bureau of Indian Education; or 

(ii) * * * 

* * * * * * * 

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

(1)(A) that wishes to receive an allocation under this subpart 

shall submit an application in accordance with section 7114, 

and shall otherwise be treated as a local educational agency for 

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

be subject to øsection 7114(c)(4)¿ section 7114(c)(5), section 

7118(c), or section 7119. 

(e) RATABLE REDUCTIONS.—If the sums appropriated for any 

fiscal year øunder section 7152(a)¿to carry out this subpart are insufficient to pay in full the amounts determined for local educational agencies under subsection (a)(1) and for the Secretary of 

the Interior under subsection (d), each of those amounts shall be 

ratably reduced. 

* * * * * * * 

SEC. 7114. APPLICATIONS. 

(a) APPLICATION REQUIRED.—* * * 

(b) COMPREHENSIVE PROGRAM REQUIRED.—* * * 

(1) * * * 

(2)(A) øis consistent with¿supports the State, tribal, and 

local plans submitted under other provisions of this Act; and 

(B) includes academic content and student academic 

achievement goals for such children, and benchmarks for attaining øsuch goals, that are based on the challenging State 

academic content and student academic achievement standards 

adopted under title I for all children;¿such goals, to ensure 

such students meet the same college and career ready State academic achievement standards under section 1111(a)(1); 

ø(3) explains how Federal, State, and local programs, especially programs carried out under title I, will meet the needs 

of such students;¿ 

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

funds made available under this subpart to supplement other 

Federal, State, and local programs that meet the needs of such 

students; 

(4) * * * 

(5) * * * 

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872 

(A) teachers and other school professionals who are 

new to the Indian community are prepared to work with 

Indian children; øand¿ 

* * * * * * * 

(C) the parents of Indian children, and representatives 

of Indian tribes, on the committee described in subsection 

(c)(5) will participate in the planning of professional development activities; 

(6) describes how the local educational agency— 

(A) * * * 

(B) * * * 

(i) the committee described in øsubsection (c)(4); 

and¿subsection (c)(5); 

* * * * * * * 

(iii) the Indian tribes whose children are served by 

the local educational agency; and 

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

subparagraph (A)ø.¿; and 

(7) describes— 

(A) the formal process the local educational agency 

used to collaborate with Indian tribes located in the community in the development of the comprehensive programs; 

and 

(B) the actions taken as a result of the collaboration. 

(c) ASSURANCES.—* * * 

(1) the local educational agency will use funds received 

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

absence of the Federal funds made available under this subpart, such agency would make available for øthe education of 

Indian children, and not to supplant such funds¿services and 

activities consistent with those described in this subpart, and 

not to supplant such funds; 

(2) the local educational agency will use funds received 

under this subpart only for activities described and authorized 

under this subpart; 

ø(2)¿(3) the local educational agency will prepare and submit to the Secretary such reports, in such form and containing 

such information, as the Secretary may require to— 

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

subpart; øand¿ 

(B) determine the extent to which activities carried 

out with funds provided to the local educational agency 

under this subpart are effective, as measured by the State 

academic assessments required under section 1111(a)(2), 

high school graduation rates, and other academic outcomes 

as appropriate, in improving the educational achievement 

of Indian students served by such agency; and 

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

of Indian students; 

ø(3)¿(4) the program for which assistance is sought— 

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873 

(A) * * * 

* * * * * * * 

(C) was developed by such agency in open consultation 

with parents of Indian children and teachers, representatives of Indian tribes with reservations located within 50 

miles of any of the schools that have Indian children in any 

such school, and, if appropriate, Indian students from secondary schools, including through public hearings held by 

such agency to provide to the individuals described in this 

subparagraph a full opportunity to understand the program and to offer recommendations regarding the program; øand¿ 

ø(4)¿(5) * * * 

(A) * * * 

(i) parents and family members of Indian children 

in the local educational agency’s schools; 

(ii) representatives of Indian tribes with reservations located within 50 miles of any of the schools that 

have Indian children in any such school; 

ø(ii)¿(iii) teachers in the schools; and 

ø(iii)¿(iv) if appropriate, Indian students attending 

secondary schools of the agency; 

(B) a majority of whose members are parents and family members of Indian children or representatives of Indian 

tribes described in subparagraph (A)(ii); 

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

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

family members of the children, and representatives of the 

area, to be served; 

(D) * * * 

(i) reviewed in a timely fashion the program; 

øand¿ 

* * * * * * * 

(iii) determined that the program will directly enhance the educational experience of Indian and Alaska 

Native students; 

(E) that has adopted reasonable bylaws for the conduct of the activities of the committee and abides by such 

bylawsø.¿; 

(F) that shall determine the extent to which the activities of the local educational agency will address the unique 

cultural, language, and educational needs of Indian and 

Alaska Native students; and 

(G) that shall determine the extent to which grant 

funds will directly enhance the educational experiences of 

Indian and Alaska Native students; 

(6) the local educational agency will coordinate activities 

under this title with other Federal programs supporting educational and related services administered by such agency; and 

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874 

(7) the local educational agency conducted outreach to parents and family members to meet the requirements under subsection (c)(5). 

(d) OUTREACH.—The Secretary shall monitor the applications 

for grants under this subpart to identify eligible local educational 

agencies and schools operated by the Bureau of Indian Education 

that have not applied for such grants, and shall undertake appropriate outreach activities to encourage and assist eligible entities to 

submit applications for such grants. 

(e) TECHNICAL ASSISTANCE.—The Secretary shall, directly or by 

contract, provide technical assistance to a local educational agency 

upon request (in addition to any technical assistance available 

under other provisions of this Act or available through the Institute 

of Education Sciences) to support the services and activities provided under this subpart, including technical assistance for— 

(1) the development of applications under this subpart; 

(2) improvement in the quality of implementation, content, 

and evaluation of activities supported under this subpart; and 

(3) integration of activities under this subpart with other 

educational activities carried out by the local educational agency. 

* * * * * * * 

SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES. 

(a) GENERAL REQUIREMENTS.—* * * 

(1) are designed to carry out the comprehensive program 

of the local educational agency for Indian students, and described in the application of the local educational agency submitted to the Secretary under section 7114(a) solely for the 

services and activities described in such application; 

* * * * * * * 

(b) PARTICULAR ACTIVITIES.—The services and activities referred to in subsection (a) may include— 

(1) activities that support Native American language immersion programs and Native American language restoration 

programs, which may be taught by traditional leaders; 

ø(1)¿(2) * * * 

ø(2)¿(3) øearly childhood¿high-quality early childhood education programs and family programs that emphasize school 

readiness; 

ø(3)¿(4) enrichment programs that focus on problem solving and cognitive skills development and directly support the 

attainment of øchallenging State academic content and student 

academic achievement standards¿college and career ready 

State academic content and student academic achievement 

standards under section 1111(a); 

øø(4)¿(5) integrated educational services in combination 

with other programs that meet the needs of Indian children 

and their families;¿ 

(5) integrated educational services in combination with 

other programs to meet the unique needs of Indian children and 

their families, including programs that promote parental involvement— 

(A) in school activities; and 

(B) to increase student achievement; 

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875 

ø(5)¿(6) * * * 

øø(6)¿(7) activities to educate individuals concerning substance abuse and to prevent substance abuse;¿ 

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

ø(7)¿(8) * * * 

ø(8)¿(9) * * * 

øø(9)¿(10) activities that incorporate American Indian and 

Alaska Native specific curriculum content, consistent with 

State standards, into the curriculum used by the local educational agency;¿ 

øø(10)¿(11) family literacy services; and¿ 

(10) activities that incorporate culturally and linguistically 

relevant curriculum content into classroom instruction that is 

responsive to the unique learning styles of Indian and Alaska 

Native children to ensure that such children are better able to 

meet the student academic achievement standards, consistent 

with section 1111(a); 

(11) family literacy activities; 

ø(11)¿(12) activities that recognize and support the unique 

cultural and educational needs of Indian øchildren, and incorporate appropriately qualified tribal elders and seniors.¿children; and 

(13) dropout prevention strategies and strategies— 

(A) to meet the educational needs of at-risk Indian students in correctional facilities; and 

(B) to support Indian students who are transitioning 

from such facilities to schools served by local educational 

agencies. 

(c) SCHOOLWIDE PROGRAMS.—* * * 

(1) the committee established pursuant to øsection 

7114(c)(4)¿section 7114(c)(5) approves the use of the funds for 

the schoolwide programø; and¿; 

(2) the schoolwide program is consistent with the purpose 

described in section 7111ø.¿; and 

(3) the local educational agency identifies in the local educational agency’s application how the use of such funds in a 

schoolwide program will produce benefits to the Indian students 

that would not be achieved if the funds were not used in a 

schoolwide program. 

(d) LIMITATION ON ADMINISTRATIVE COSTS.—* * * 

(e) LIMITATION ON USE OF FUNDS.—Funds provided to a grantee under this subpart may not be used for long-distance travel expenses for training activities available locally or regionally. 

* * * * * * * 

SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED. 

(a) PLAN.—* * * 

* * * * * * * 

(d) PLAN REQUIREMENTS.—* * * 

(1) * * * 

* * * * * * * 

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876 

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

øsection 7114(c)(4)¿section 7114(c)(5), if such a committee exists. 

* * * * * * * 

(g) RESPONSIBILITIES OF DEPARTMENT OF EDUCATION.—Not 

later than 180 days after the date of enactment of øthe No Child 

Left Behind Act of 2001¿the Strengthening America’s Schools Act of 

2013, the Secretary of Education, the Secretary of the Interior, the 

Secretary of Health and Human Services, and the head of any other 

Federal department or agency identified by the Secretary of Education, shall enter into an interdepartmental memorandum of 

agreement providing for the implementation and coordination of 

the demonstration projects authorized under this section. The lead 

agency head for a demonstration project under this section shall 

be— 

(1) * * * 

* * * * * * * 

ø(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRA- TION.— ø(1) PRELIMINARY REPORT.—Not later than 2 years after 

the date of enactment of the No Child Left Behind Act of 2001, 

the Secretary of Education shall submit a preliminary report 

to the Committee on Education and the Workforce and the 

Committee on Resources of the House of Representatives and 

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

the Committee on Indian Affairs of the Senate on the status 

of the implementation of the demonstration projects authorized 

under this section. 

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

of enactment of the No Child Left Behind Act of 2001, the Secretary of Education shall submit a report to the Committee on 

Education and the Workforce and the Committee on Resources 

of the House of Representatives and the Committee on Health, 

Education, Labor, and Pensions and the Committee on Indian 

Affairs of the Senate on the results of the implementation of 

the demonstration projects authorized under this section. Such 

report shall identify statutory barriers to the ability of participants to integrate more effectively their education and related 

services to Indian students in a manner consistent with the objectives of this section.¿ 

(o) REPORT ON STATUTORY OBSTACLES TO, AND BEST PRACTICES FOR, PROGRAM INTEGRATION.— 

(1) IN GENERAL.—Not later than 3 years after the date of 

enactment of the Strengthening America’s Schools Act of 2013, 

the Secretary of Education shall submit a report to the authorizing committees, the Committee on Indian Affairs of the Senate, and the Committee on Natural Resources of the House of 

Representatives on the results of the implementation of the demonstration projects authorized under this section. 

(2) CONTENTS.—Such report shall identify— 

(A) statutory barriers to the ability of participants to 

integrate more effectively their education and related services to Indian students in a manner consistent with the objectives of this section; and 

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877 

(B) the best practices for program integration that result in increased student proficiency, graduation rates, and 

other relevant academic outcomes for Indian and Alaska 

Native students. 

* * * * * * * 

SEC. 7117. STUDENT ELIGIBILITY FORMS. 

(a) IN GENERAL.—* * * 

(b) FORMS.—* * * 

(1) either— 

(A)(i) * * * 

(ii) the enrollment or membership number establishing 

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

(iii) * * * 

(B) the name, the enrollment or membership number 

(if readily available), and the name and address of the organization responsible for maintaining updated and accurate membership data, of any parent or grandparent of the 

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

Indians (as so defined); 

* * * * * * * 

ø(d) FORMS AND STANDARDS OF PROOF.—The forms and the 

standards of proof (including the standard of good faith compliance) 

that were in use during the 1985–86 academic year to establish the 

eligibility of a child for entitlement under the Indian Elementary 

and Secondary School Assistance Act shall be the forms and standards of proof used— 

ø(1) to establish eligibility under this subpart; and 

ø(2) to meet the requirements of subsection (a). 

ø(e) DOCUMENTATION.—For purposes of determining whether a 

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

amount of a grant award under section 7113, the membership of 

the child, or any parent or grandparent of the child, in a tribe or 

band of Indians (as so defined) may be established by proof other 

than an enrollment number, notwithstanding the availability of an 

enrollment number for a member of such tribe or band. Nothing in 

subsection (b) shall be construed to require the furnishing of an enrollment number.¿ 

(d) DOCUMENTATION AND TYPES OF PROOF.— 

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

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

the amount of a grant award under section 7113, the membership of the child, or any parent or grandparent, of the child, in 

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

by proof other than an enrollment or membership number, notwithstanding the availability of an enrollment or membership 

number for a member of such tribe or band. Nothing in subsection (b) shall be construed to require the furnishing of an enrollment or membership number. 

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

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

grant award, the local educational agency shall maintain a 

record of such determination and shall not require a new or dumstockstill on DSK4VPTVN1PROD with HEARINGS

878 

plicate determination to be made for such child for a subsequent application for a grant under this subpart. 

(3) PREVIOUSLY FILED FORMS.—An Indian student eligibility form that was on file as required by this section on the 

day before the date of enactment of the Strengthening America’s 

Schools Act of 2013 and that met the requirements of this section, as this section was in effect on the day before the date of 

enactment of such Act, shall remain valid for such Indian student. 

ø(f)¿(e) MONITORING AND EVALUATION REVIEW.— 

(1) IN GENERAL.— 

(A) REVIEW.—* * * 

* * * * * * * 

ø(g)¿(f) TRIBAL GRANT AND CONTRACT SCHOOLS.—Notwithstanding any other provision of this section, in calculating the 

amount of a grant under this subpart to a tribal school that receives a grant or contract from øthe Bureau of Indian Affairs¿the 

Bureau of Indian Education, the Secretary shall use only one of the 

following, as selected by the school: 

(1) * * * 

* * * * * * * 

(g) TECHNICAL ASSISTANCE.—The Secretary shall, directly or 

through contract, provide technical assistance to a local educational 

agency upon request, in addition to any technical assistance available under section 1116 or available through the Institute of Education Sciences, to support the services and activities described 

under this section, including for the— 

(1) development of applications under this section; 

(2) improvement in the quality of implementation, content 

of activities, and evaluation of activities supported under this 

subpart; 

(3) integration of activities under this title with other educational activities established by the local educational agency; 

and 

(4) coordination of activities under this title with programs 

administered by each Federal agency providing grants for the 

provision of educational and related services. 

* * * * * * * 

Subpart 2—Special Programs and Projects To Improve Educational Opportunities for Indian 

Children and Youth 

SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN AND YOUTH. 

(a) PURPOSE.— 

(1) IN GENERAL.—It is the purpose of this section to support projects to develop, test, and demonstrate the effectiveness 

of services and programs to improve educational opportunities 

and achievement of Indian children and youth. 

(2) COORDINATION.—The Secretary shall take the necessary actions to achieve the coordination of activities assisted 

under this subpart with— 

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879 

(A) other programs funded under this Act; and 

(B) other Federal programs operated for the benefit of 

American Indian and Alaska Native children and youth. 

* * * * * * * 

(c) GRANTS AUTHORIZED.— 

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

meet the purpose of this section, including— 

(A) innovative programs related to the educational 

needs of educationally disadvantaged children and youth; 

(B) educational services that are not available to such 

children and youth in sufficient quantity or quality, including remedial instruction, to raise the achievement of Indian children and youth in one or more of the core academic subjects of English, mathematics, science, foreign 

languages, art, history, and geography; 

* * * * * * * 

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

emotional, and psychological problems of Indian children 

and youth; 

(E) special compensatory and other programs and 

projects designed to assist and encourage Indian children 

and youth to enter, remain in, or reenter school, and to increase the rate of high school graduation for Indian children and youth; 

* * * * * * * 

ø(G) early childhood and kindergarten programs, including family-based preschool programs that emphasize 

school readiness and parental skills, and the provision of 

services to Indian children and youth with disabilities;¿ 

(G) high-quality early childhood education programs 

that are effective in preparing young children to be making 

sufficient academic growth by the end of grade 3, including 

kindergarten and prekindergarten programs, family-based 

preschool programs that emphasize school readiness, 

screening and referral, and the provision of services to Indian children and youth with disabilities; 

* * * * * * * 

(K) øfamily literacy services¿family literacy activities; 

(L) activities that recognize and support the unique 

cultural and educational needs of Indian children and 

youth, and incorporate appropriately øqualified tribal elders and seniors; or¿traditional leaders; 

* * * * * * * 

(2) PROFESSIONAL DEVELOPMENT.—øProfessional development of¿High-quality professional development of teaching professionals and paraprofessionals may be a part of any program 

assisted under this section. 

(d) GRANT REQUIREMENTS AND APPLICATIONS.— 

(1) GRANT REQUIREMENTS.— 

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880 

(A) IN GENERAL.—* * * 

* * * * * * * 

(C) PROGRESS.—The Secretary shall ømake a grant 

payment for a grant described in this paragraph to an eligible entity after the initial year of the multiyear grant 

only if the Secretary determines¿award grants for an initial period of not more than 3 years and may renew such 

grants for not more than an additional 2 years if the Secretary determines that the eligible entity has made substantial progress in carrying out the activities assisted 

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

* * * * * * * 

(3) APPLICATION.— 

(A) IN GENERAL.—* * * 

(B) CONTENTS.—* * * 

(i) a description of how øparents of Indian children and representatives of Indian tribes¿family members of Indian children and youth and official representatives designated by the Indian tribes have been, 

and will be, involved in developing and implementing 

the activities for which assistance is sought; 

* * * * * * * 

(iii) øinformation¿evidence demonstrating that the 

proposed program for the activities is øa scientifically 

based¿an evidence-based research program, where applicable, which may include a program that has been 

modified to be culturally appropriate for students who 

will be served; 

* * * * * * * 

(e) ADMINISTRATIVE COSTS.—* * * 

(f) CONTINUATION.—Notwithstanding any other provision of 

this section, a grantee that is carrying out activities pursuant to a 

grant awarded under this section prior to the date of enactment of 

the Strengthening America’s Schools Act of 2013 may continue to 

carry out such activities under such grant in accordance with the 

terms of that grant award. 

SEC. 7122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION PROFESSIONALS. 

(a) PURPOSES.—* * * 

ø(1) to increase the number of qualified Indian individuals 

in teaching or other education professions that serve Indian 

people; 

ø(2) to provide training to qualified Indian individuals to 

enable such individuals to become teachers, administrators, 

teacher aides, social workers, and ancillary educational personnel; and¿ 

(1) to increase the number of qualified Indian teachers and 

administrators serving Indian students; 

(2) to provide training to qualified Indian individuals to 

become educators; and 

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(3) * * * 

* * * * * * * 

(d) AUTHORIZED ACTIVITIES.— 

(1) IN GENERAL.—* * * 

* * * * * * * 

(3) CONTINUATION.—Notwithstanding any other provision 

of this section, a grantee that is carrying out activities pursuant 

to a grant awarded under this section prior to the date of enactment of the Strengthening America’s Schools Act of 2013 may 

continue to carry out such activities under such grant in accordance with the terms of that award. 

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

this section shall submit an application to the Secretary at such 

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

Secretary may reasonably require.¿ 

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

this section shall submit an application to the Secretary at such 

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

Secretary may reasonably require. At a minimum, an application 

under this section shall describe how the eligible entity will— 

(1) recruit qualified Indian individuals, such as students 

who may not be of traditional college age, to become teachers 

or principals; 

(2) use funds made available under the grant to support the 

recruitment, preparation, and professional development of Indian teachers or principals in local educational agencies that 

serve a high proportion of Indian students; and 

(3) assist participants in meeting the requirements under 

subsection (h). 

* * * * * * * 

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

awarded for a period of not more than 5 years.¿ 

(g) GRANT PERIOD.—The Secretary shall award grants under 

this section for an initial period of not more than 3 years, and may 

renew such grants for not more than an additional 2 years if the 

Secretary finds that the grantee is achieving the objectives of the 

grant. 

(h) SERVICE OBLIGATION.— 

(1) IN GENERAL.—* * * 

(A) perform work— 

(i) * * * 

ø(ii) that benefits Indian people; or¿ 

(ii) in a local educational agency that serves a high 

proportion of Indian students; or 

Subpart 3—National Activities 

SEC. 7131. NATIONAL RESEARCH ACTIVITIES. 

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

made available øunder section 7152(b)¿to carry out this subpart for 

each fiscal year to— 

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(1) conduct research related to effective approaches for 

øthe education¿improving the academic achievement and development of Indian children and adults; 

ø(2) evaluate federally assisted education programs from 

which Indian children and adults may benefit;¿ 

ø(3)¿(2) collect and analyze data on the educational status 

and needs of øIndians; and¿Indian students; 

(3) provide technical assistance and logistical support to 

grantees under this subpart; and 

* * * * * * * 

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

section— 

ø(1) shall be carried out in consultation with the Institute 

of Education Sciences to ensure that such activities are coordinated with and enhance the research and development activities supported by the Institute; and 

ø(2) may include collaborative research activities that are 

jointly funded and carried out by the Office of Indian Education Programs and the Institute of Education Sciences.¿ 

(c) COORDINATION.—Research activities supported under this 

section— 

(1) shall be coordinated with appropriate offices within the 

Department; and 

(2) may include collaborative research activities that are 

jointly funded and carried out by the Bureau of Indian Education and the Institute of Education Sciences. 

øSEC. 7132. IN-SERVICE TRAINING FOR TEACHERS OF INDIAN CHILDREN. 

ø(a) GRANTS AUTHORIZED.—In addition to the grants authorized by section 7122(c), the Secretary may make grants to eligible 

consortia for the provision of high quality in-service training. The 

Secretary may make such a grant to— 

ø(1) a consortium of a tribal college and an institution of 

higher education that awards a degree in education; or 

ø(2) a consortium of— 

ø(A) a tribal college; 

ø(B) an institution of higher education that awards a 

degree in education; and 

ø(C) one or more elementary schools or secondary 

schools operated by the Bureau of Indian Affairs, local 

educational agencies serving Indian children, or tribal educational agencies. 

ø(b) USE OF FUNDS.— 

ø(1) IN-SERVICE TRAINING.—A consortium that receives a 

grant under subsection (a) shall use the grant funds only to 

provide high quality in-service training to teachers, including 

teachers who are not Indians, in schools of local educational 

agencies with substantial numbers of Indian children enrolled 

in their schools, in order to better meet the needs of those children. 

ø(2) COMPONENTS.—The training described in paragraph 

(1) shall include such activities as preparing teachers to use 

the best available scientifically based research practices and 

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883 

ricula and materials, to respond to the unique needs of Indian 

children in their classrooms. 

ø(c) PREFERENCE FOR INDIAN APPLICANTS.—In applying section 

7143 to this section, the Secretary shall give a preference to any 

consortium that includes one or more of the entities described in 

section 7143.¿ 

øSEC. 7133. ø20 U.S.C. 7453¿ FELLOWSHIPS FOR INDIAN STUDENTS. 

ø(a) FELLOWSHIPS.— 

ø(1) AUTHORITY.—The Secretary is authorized to award 

fellowships to Indian students to enable such students to study 

in graduate and professional programs at institutions of higher 

education. 

ø(2) REQUIREMENTS.—The fellowships described in paragraph (1) shall be awarded to Indian students to enable such 

students to pursue a course of study— 

ø(A) of not more than 4 academic years; and 

ø(B) that leads— 

ø(i) toward a postbaccalaureate degree in medicine, clinical psychology, psychology, law, education, or 

a related field; or 

ø(ii) to an undergraduate or graduate degree in 

engineering, business administration, natural resources, or a related field. 

ø(b) STIPENDS.—The Secretary shall pay to Indian students 

awarded fellowships under subsection (a) such stipends (including 

allowances for subsistence of such students and dependents of such 

students) as the Secretary determines to be consistent with prevailing practices under comparable federally supported programs. 

ø(c) PAYMENTS TO INSTITUTIONS IN LIEU OF TUITION.—The Secretary shall pay to the institution of higher education at which 

such a fellowship recipient is pursuing a course of study, in lieu of 

tuition charged to such recipient, such amounts as the Secretary 

may determine to be necessary to cover the cost of education provided to such recipient. 

ø(d) SPECIAL RULES.— 

ø(1) IN GENERAL.—If a fellowship awarded under subsection (a) is vacated prior to the end of the period for which 

the fellowship is awarded, the Secretary may award an additional fellowship for the unexpired portion of the period of the 

first fellowship. 

ø(2) WRITTEN NOTICE.—Not later than 45 days before the 

commencement of an academic term, the Secretary shall provide to each individual who is awarded a fellowship under subsection (a) for such academic term written notice of— 

ø(A) the amount of the funding for the fellowship; and 

ø(B) any stipends or other payments that will be made 

under this section to, or for the benefit of, the individual 

for the academic term. 

ø(3) PRIORITY.—Not more than 10 percent of the fellowships awarded under subsection (a) shall be awarded, on a priority basis, to persons receiving training in guidance counseling with a specialty in the area of alcohol and substance 

abuse counseling and education. 

ø(e) SERVICE OBLIGATION.— 

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ø(1) IN GENERAL.—The Secretary shall require, by regulation, that an individual who receives financial assistance under 

this section— 

ø(A) perform work— 

ø(i) related to the training for which the individual receives the assistance under this section; and 

ø(ii) that benefits Indian people; or 

ø(B) repay all or a prorated portion of such assistance. 

ø(2) REPORTING.—The Secretary shall establish, by regulation, a reporting procedure under which a recipient of assistance under this section shall, not later than 12 months after 

the date of completion of the training, and periodically thereafter, provide information concerning the compliance of such 

recipient with the work requirement described in paragraph 

(1). 

ø(f) ADMINISTRATION OF FELLOWSHIPS.—The Secretary may administer the fellowships authorized under this section through a 

grant to, or contract or cooperative agreement with, an Indian organization with demonstrated qualifications to administer all facets 

of the program assisted under this section.¿ 

øSEC. 7134. ø20 U.S.C. 7454¿ GIFTED AND TALENTED INDIAN STUDENTS. 

ø(a) PROGRAM AUTHORIZED.—The Secretary is authorized to— 

ø(1) establish two centers for gifted and talented Indian 

students at tribally controlled community colleges in accordance with this section; and 

ø(2) support demonstration projects described in subsection (c). 

ø(b) ELIGIBLE ENTITIES.—The Secretary shall make grants, or 

enter into contracts, for the activities described in subsection (a), 

to or with— 

ø(1) two tribally controlled community colleges that— 

ø(A) are eligible for funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978; 

and 

ø(B) are fully accredited; or 

ø(2) the American Indian Higher Education Consortium, if 

the Secretary does not receive applications that the Secretary 

determines to be approvable from two colleges that meet the 

requirements of paragraph (1). 

ø(c) USE OF FUNDS.— ø(1) IN GENERAL.—Funds made available through the 

grants made, or contracts entered into, by the Secretary under 

subsection (b) shall be used for— 

ø(A) the establishment of centers described in subsection (a); and 

ø(B) carrying out demonstration projects designed to— 

ø(i) address the special needs of Indian students 

in elementary schools and secondary schools who are 

gifted and talented; and 

ø(ii) provide such support services to the families 

of the students described in clause (i) as are needed to 

enable such students to benefit from the projects. 

ø(2) SUBCONTRACTS.—Each recipient of a grant or contract 

under subsection (b) to carry out a demonstration project under 

subsection (a) may enter into a contract with any other entity, 

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including the Children’s Television Workshop, to carry out the 

demonstration project. 

ø(3) DEMONSTRATION PROJECTS.—Demonstration projects 

assisted under subsection (b) may include— 

ø(A) the identification of the special needs of gifted 

and talented Indian students, particularly at the elementary school level, giving attention to— 

ø(i) identifying the emotional and psychosocial 

needs of such students; and 

ø(ii) providing such support services to the families of such students as are needed to enable such students to benefit from the projects; 

ø(B) the conduct of educational, psychosocial, and developmental activities that the Secretary determines hold 

a reasonable promise of resulting in substantial progress 

toward meeting the educational needs of such gifted and 

talented children, including— 

ø(i) demonstrating and exploring the use of Indian 

languages and exposure to Indian cultural traditions; 

and 

ø(ii) carrying out mentoring and apprenticeship 

programs; 

ø(C) the provision of technical assistance and the coordination of activities at schools that receive grants under 

subsection (d) with respect to the activities assisted under 

such grants, the evaluation of programs assisted under 

such grants, or the dissemination of such evaluations; 

ø(D) the use of public television in meeting the special 

educational needs of such gifted and talented children; 

ø(E) leadership programs designed to replicate programs for such children throughout the United States, including disseminating information derived from the demonstration projects conducted under subsection (a); and 

ø(F) appropriate research, evaluation, and related activities pertaining to the needs of such children and to the 

provision of such support services to the families of such 

children as are needed to enable such children to benefit 

from the projects. 

ø(4) APPLICATION.—Each eligible entity desiring a grant or 

contract under subsection (b) shall submit an application to the 

Secretary at such time, in such manner, and accompanied by 

such information, as the Secretary may reasonably require. 

ø(d) ADDITIONAL GRANTS.— 

ø(1) IN GENERAL.—The Secretary, in consultation with the 

Secretary of the Interior, shall award 5 grants to schools funded by the Bureau of Indian Affairs (hereafter referred to individually in this section as a ‘‘Bureau school’’) for program research and development and the development and dissemination of curriculum and teacher training material, regarding— 

ø(A) gifted and talented students; 

ø(B) college preparatory studies (including programs 

for Indian students with an interest in pursuing teaching 

careers); 

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ø(C) students with special culturally related academic 

needs, including students with social, lingual, and cultural 

needs; or 

ø(D) mathematics and science education. 

ø(2) APPLICATIONS.—Each Bureau school desiring a grant 

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

information, as the Secretary may reasonably require. 

ø(3) SPECIAL RULE.—Each application described in paragraph (2) shall be developed, and each grant under this subsection shall be administered, jointly by the supervisor of the 

Bureau school and the local educational agency serving such 

school. 

ø(4) REQUIREMENTS.—In awarding grants under paragraph 

(1), the Secretary shall achieve a mixture of the programs described in paragraph (1) that ensures that Indian students at 

all grade levels and in all geographic areas of the United 

States are able to participate in a program assisted under this 

subsection. 

ø(5) GRANT PERIOD.—Subject to the availability of appropriations, a grant awarded under paragraph (1) shall be 

awarded for a 3-year period and may be renewed by the Secretary for additional 3-year periods if the Secretary determines 

that the performance of the grant recipient has been satisfactory. 

ø(6) DISSEMINATION.— ø(A) COOPERATIVE EFFORTS.—The dissemination of 

any materials developed from activities assisted under 

paragraph (1) shall be carried out in cooperation with entities that receive funds pursuant to subsection (b). 

ø(B) REPORT.—The Secretary shall prepare and submit 

to the Secretary of the Interior and to Congress a report 

concerning any results from activities described in this 

subsection. 

ø(7) EVALUATION COSTS.— ø(A) DIVISION.—The costs of evaluating any activities 

assisted under paragraph (1) shall be divided between the 

Bureau schools conducting such activities and the recipients of grants or contracts under subsection (b) who conduct demonstration projects under subsection (a). 

ø(B) GRANTS AND CONTRACTS.—If no funds are provided under subsection (b) for— 

ø(i) the evaluation of activities assisted under 

paragraph (1); 

ø(ii) technical assistance and coordination with respect to such activities; or 

ø(iii) the dissemination of the evaluations referred 

to in clause (i), 

øthe Secretary shall make such grants, or enter into such 

contracts, as are necessary to provide for the evaluations, 

technical assistance, and coordination of such activities, 

and the dissemination of the evaluations. 

ø(e) INFORMATION NETWORK.—The Secretary shall encourage 

each recipient of a grant or contract under this section to work cooperatively as part of a national network to ensure that the informstockstill on DSK4VPTVN1PROD with HEARINGS

887 

mation developed by the grant or contract recipient is readily available to the entire educational community.¿ 

øSEC. 7135. ø20 U.S.C. 7455¿ GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLANNING AND DEVELOPMENT. 

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

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

and develop a centralized tribal administrative entity to— 

ø(1) coordinate all education programs operated by the 

tribe or within the territorial jurisdiction of the tribe; 

ø(2) develop education codes for schools within the territorial jurisdiction of the tribe; 

ø(3) provide support services and technical assistance to 

schools serving children of the tribe; and 

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

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

ø(B) coordinate the provision of any needed special 

services for conditions such as disabilities and English language skill deficiencies. 

ø(b) PERIOD OF GRANT.—Each grant awarded under this section may be awarded for a period of not more than 3 years. Such 

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

the grant if the grant recipient demonstrates to the satisfaction of 

the Secretary that renewing the grant for an additional 3-year period is necessary to carry out the objectives of the grant described 

in subsection (c)(2)(A). 

ø(c) APPLICATION FOR GRANT.— 

ø(1) IN GENERAL.—Each Indian tribe and tribal organization desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, containing such information, and consistent with such criteria, as 

the Secretary may prescribe in regulations. 

ø(2) CONTENTS.—Each application described in paragraph 

(1) shall contain— 

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

and 

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

is sought and for determining whether such objectives are 

achieved. 

ø(3) APPROVAL.—The Secretary may approve an application submitted by a tribe or tribal organization pursuant to 

this section only if the Secretary is satisfied that such application, including any documentation submitted with the application— 

ø(A) demonstrates that the applicant has consulted 

with other education entities, if any, within the territorial 

jurisdiction of the applicant who will be affected by the activities to be conducted under the grant; 

ø(B) provides for consultation with such other education entities in the operation and evaluation of the activities conducted under the grant; and 

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ø(C) demonstrates that there will be adequate resources provided under this section or from other sources 

to complete the activities for which assistance is sought, 

except that the availability of such other resources shall 

not be a basis for disapproval of such application. 

ø(d) RESTRICTION.—A tribe may not receive funds under this 

section if such tribe receives funds under section 1144 of the Education Amendments of 1978.¿ 

øSEC. 7136. ø20 U.S.C. 7456¿ IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR ADULT INDIANS. 

ø(a) IN GENERAL.—The Secretary shall make grants to State 

educational agencies, local educational agencies, and Indian tribes, 

institutions, and organizations— 

ø(1) to support planning, pilot, and demonstration projects 

that are designed to test and demonstrate the effectiveness of 

programs for improving employment and educational opportunities for adult Indians; 

ø(2) to assist in the establishment and operation of programs that are designed to stimulate— 

ø(A) the provision of basic literacy opportunities for all 

nonliterate Indian adults; and 

ø(B) the provision of opportunities to all Indian adults 

to qualify for a secondary school diploma, or its recognized 

equivalent, in the shortest period of time feasible; 

ø(3) to support a major research and development program 

to develop more innovative and effective techniques for achieving literacy and secondary school equivalency for Indians; 

ø(4) to provide for basic surveys and evaluations to define 

accurately the extent of the problems of illiteracy and lack of 

secondary school completion among Indians; and 

ø(5) to encourage the dissemination of information and 

materials relating to, and the evaluation of, the effectiveness 

of education programs that may offer educational opportunities 

to Indian adults. 

ø(b) EDUCATIONAL SERVICES.—The Secretary may make grants 

to Indian tribes, institutions, and organizations to develop and establish educational services and programs specifically designed to 

improve educational opportunities for Indian adults. 

ø(c) INFORMATION AND EVALUATION.—The Secretary may make 

grants to, and enter into contracts with, public agencies and institutions and Indian tribes, institutions, and organizations, for— 

ø(1) the dissemination of information concerning educational programs, services, and resources available to Indian 

adults, including evaluations of the programs, services, and resources; and 

ø(2) the evaluation of federally assisted programs in which 

Indian adults may participate to determine the effectiveness of 

the programs in achieving the purposes of the programs with 

respect to Indian adults. 

ø(d) APPLICATIONS.— 

ø(1) IN GENERAL.—Each entity desiring a grant or contract 

under this section shall submit to the Secretary an application 

at such time, in such manner, containing such information, 

and consistent with such criteria, as the Secretary may prescribe in regulations. 

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ø(2) CONTENTS.—Each application described in paragraph 

(1) shall contain— 

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

or contract; and 

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

is sought and determining whether the objectives of the 

grant or contract are achieved. 

ø(3) APPROVAL.—The Secretary shall not approve an application described in paragraph (1) unless the Secretary determines that such application, including any documentation submitted with the application, indicates that— 

ø(A) there has been adequate participation, by the individuals to be served and the appropriate tribal communities, in the planning and development of the activities to 

be assisted; and 

ø(B) the individuals and tribal communities referred to 

in subparagraph (A) will participate in the operation and 

evaluation of the activities to be assisted. 

ø(4) PRIORITY.—In approving applications under paragraph 

(1), the Secretary shall give priority to applications from Indian educational agencies, organizations, and institutions. 

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

funds made available to an entity through a grant or contract made 

or entered into under this section for a fiscal year may be used to 

pay for administrative costs.¿ 

SEC. 7132. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS 

THROUGH NATIVE AMERICAN LANGUAGE. 

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

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

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

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

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

consortium of such entities. 

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

eligible entities to enable such entities to carry out the following activities: 

(1) Native American language programs that— 

(A) provide instruction through the use of a Native 

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

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

and families of students enrolled in the program; 

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

American languages and for instruction through the use of 

Native American languages; 

(D) provide support for professional development activities; and 

(E) include a goal of all students achieving— 

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(i) fluency in a Native American language; and 

(ii) academic proficiency in mathematics, English, 

reading or language arts, and science. 

(2) Native American language restoration programs that— 

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

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

(C) develop instructional materials for the programs; 

and 

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

(d) APPLICATION.— (1) IN GENERAL.—An eligible entity that desires to receive 

a grant under this section shall submit an application to the 

Secretary at such time, in such manner, and accompanied by 

such information as the Secretary may require. 

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

that assures that such entity has experience and a demonstrated record of effectiveness in operating and administering 

a Native American language program or any other educational 

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

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

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

a period not to exceed 5 years. 

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

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

number of students enrolled in the program. 

(g) ADMINISTRATIVE COSTS.— (1) IN GENERAL.—Except as provided in paragraph (2), not 

more than 5 percent of the funds provided to a grantee under 

this section for any fiscal year may be used for administrative 

purposes. 

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

for Indian students that receives funds from a recipient of a 

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

than 10 percent of the funds for administrative purposes. 

SEC. 7133. IMPROVING STATE AND TRIBAL EDUCATIONAL AGENCY 

COLLABORATION. 

The Secretary, in consultation with the Director of the Bureau 

of Indian Education, shall conduct a study of the relationship 

among State educational agencies, local educational agencies, and 

other relevant State and local agencies, and tribes or tribal representatives to— 

(1) identify examples of best practices in collaboration 

among those entities that result in the provision of better services to Indian students; and 

(2) provide recommendations on— 

(A) State educational agency functions that tribal educational agencies could perform; 

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(B) areas and agency functions in which greater State 

educational agency and tribal educational agency collaboration is needed; and 

(C) other steps to reducing barriers to serving Indian 

students, especially such students who are at risk of academic failure. 

Subpart 4—Federal Administration 

SEC. 7141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION. 

(a) MEMBERSHIP.* * * 

* * * * * * * 

(b) DUTIES.—The Council shall— 

(1) advise the Secretary and the Secretary of the Interior 

concerning the funding and administration (including the development of regulations and administrative policies and practices) of any program, including any program established 

under this part— 

(A) * * * 

* * * * * * * 

Subpart 5—Definitionsø; Authorizations of 

Appropriations¿ 

SEC. 7151. DEFINITIONS. 

For the purposes of this part: 

(1) ADULT.—* * * 

* * * * * * * 

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

ø(A) provided at public expense, under public supervision and direction, and without tuition charge; and 

ø(B) provided as elementary or secondary education in 

the applicable State or to preschool children.¿ 

ø(3)¿(2) INDIAN.—* * * 

(3) TRADITIONAL LEADERS.—The term ‘‘traditional leaders’’ 

has the meaning given the term in the Native American Languages Act (25 U.S.C. 2902). 

øSEC. 7152. ø20 U.S.C. 7492¿ AUTHORIZATIONS OF APPROPRIATIONS. 

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

there are authorized to be appropriated $96,400,000 for fiscal year 

2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. 

ø(b) SUBPARTS 2 AND 3.—For the purpose of carrying out subparts 2 and 3, there are authorized to be appropriated $24,000,000 

for fiscal year 2002 and such sums as may be necessary for each 

of the 5 succeeding fiscal years.¿ 

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PART B—øNATIVE HAWAIIAN EDUCATION¿NATIVE HAWAIIAN EDUCATION; 

ALASKA NATIVE EDUCATION 

Subpart 1—Native Hawaiian Education 

SEC. 7201. SHORT TITLE. 

This øpart¿subpart may be cited as the ‘‘Native Hawaiian Education Act’’. 

* * * * * * * 

øSEC. 7202. ø20 U.S.C. 7512¿ FINDINGS. 

øCongress finds the following: 

ø(1) Native Hawaiians are a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago, whose society was organized as a nation and internationally recognized as a nation by 

the United States, Britain, France, and Japan, as evidenced by 

treaties governing friendship, commerce, and navigation. 

ø(2) At the time of the arrival of the first nonindigenous 

people in Hawaii in 1778, the Native Hawaiian people lived in 

a highly organized, self-sufficient subsistence social system 

based on a communal land tenure system with a sophisticated 

language, culture, and religion. 

ø(3) A unified monarchal government of the Hawaiian Islands was established in 1810 under Kamehameha I, the first 

King of Hawaii. 

ø(4) From 1826 until 1893, the United States recognized 

the sovereignty and independence of the Kingdom of Hawaii, 

which was established in 1810 under Kamehameha I, extended 

full and complete diplomatic recognition to the Kingdom of Hawaii, and entered into treaties and conventions with the Kingdom of Hawaii to govern friendship, commerce and navigation 

in 1826, 1842, 1849, 1875, and 1887. 

ø(5) In 1893, the sovereign, independent, internationally 

recognized, and indigenous government of Hawaii, the Kingdom of Hawaii, was overthrown by a small group of non-Hawaiians, including United States citizens, who were assisted in 

their efforts by the United States Minister, a United States 

naval representative, and armed naval forces of the United 

States. Because of the participation of United States agents 

and citizens in the overthrow of the Kingdom of Hawaii, in 

1993 the United States apologized to Native Hawaiians for the 

overthrow and the deprivation of the rights of Native Hawaiians to self-determination through Public Law 103–150 (107 

Stat. 1510). 

ø(6) In 1898, the joint resolution entitled ‘‘Joint Resolution 

to provide for annexing the Hawaiian Islands to the United 

States’’, approved July 7, 1898 (30 Stat. 750), ceded absolute 

title of all lands held by the Republic of Hawaii, including the 

government and crown lands of the former Kingdom of Hawaii, 

to the United States, but mandated that revenue generated 

from the lands be used ‘‘solely for the benefit of the inhabitants 

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893 

of the Hawaiian Islands for educational and other public purposes’’. 

ø(7) By 1919, the Native Hawaiian population had declined from an estimated 1,000,000 in 1778 to an alarming 

22,600, and in recognition of this severe decline, Congress enacted the Hawaiian Homes Commission Act, 1920 (42 Stat. 

108), which designated approximately 200,000 acres of ceded 

public lands for homesteading by Native Hawaiians. 

ø(8) Through the enactment of the Hawaiian Homes Commission Act, 1920, Congress affirmed the special relationship 

between the United States and the Native Hawaiians, which 

was described by then Secretary of the Interior Franklin K. 

Lane, who said: ‘‘One thing that impressed me . . . was the fact 

that the natives of the island who are our wards, I should say, 

and for whom in a sense we are trustees, are falling off rapidly 

in numbers and many of them are in poverty.’’. 

ø(9) In 1938, Congress again acknowledged the unique status of the Hawaiian people by including in the Act of June 20, 

1938 (52 Stat. 781, chapter 530; 16 U.S.C. 391b, 391b–1, 392b, 

392c, 396, 396a), a provision to lease lands within the National 

Parks extension to Native Hawaiians and to permit fishing in 

the area ‘‘only by native Hawaiian residents of said area or of 

adjacent villages and by visitors under their guidance.’’. 

ø(10) Under the Act entitled ‘‘An Act to provide for the admission of the State of Hawaii into the Union’’, approved 

March 18, 1959 (73 Stat. 4), the United States transferred responsibility for the administration of the Hawaiian Home 

Lands to the State of Hawaii but reaffirmed the trust relationship between the United States and the Hawaiian people by 

retaining the exclusive power to enforce the trust, including 

the power to approve land exchanges and amendments to such 

Act affecting the rights of beneficiaries under such Act. 

ø(11) In 1959, under the Act entitled ‘‘An Act to provide 

for the admission of the State of Hawaii into the Union’’, the 

United States also ceded to the State of Hawaii title to the 

public lands formerly held by the United States, but mandated 

that such lands be held by the State ‘‘in public trust’’ and reaffirmed the special relationship that existed between the 

United States and the Hawaiian people by retaining the legal 

responsibility to enforce the public trust responsibility of the 

State of Hawaii for the betterment of the conditions of Native 

Hawaiians, as defined in section 201(a) of the Hawaiian Homes 

Commission Act, 1920. 

ø(12) The United States has recognized and reaffirmed 

that— 

ø(A) Native Hawaiians have a cultural, historic, and 

land-based link to the indigenous people who exercised 

sovereignty over the Hawaiian Islands, and that group has 

never relinquished its claims to sovereignty or its sovereign lands; 

ø(B) Congress does not extend services to Native Hawaiians because of their race, but because of their unique 

status as the indigenous people of a once sovereign nation 

as to whom the United States has established a trust relationship; 

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ø(C) Congress has also delegated broad authority to 

administer a portion of the Federal trust responsibility to 

the State of Hawaii; 

ø(D) the political status of Native Hawaiians is comparable to that of American Indians and Alaska Natives; 

and 

ø(E) the aboriginal, indigenous people of the United 

States have— 

ø(i) a continuing right to autonomy in their internal affairs; and 

ø(ii) an ongoing right of self-determination and 

self-governance that has never been extinguished. 

ø(13) The political relationship between the United States 

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

Native Hawaiians in— 

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

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

ø(B) the American Indian Religious Freedom Act (42 

U.S.C. 1996); 

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

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

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

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

470 et seq.); 

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

2901 et seq.); 

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

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

4401 et seq.); 

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

2801 et seq.); and 

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

et seq.). 

ø(14) In 1981, Congress instructed the Office of Education 

to submit to Congress a comprehensive report on Native Hawaiian education. The report, entitled the ‘‘Native Hawaiian 

Educational Assessment Project’’, was released in 1983 and 

documented that Native Hawaiians scored below parity with 

regard to national norms on standardized achievement tests, 

were disproportionately represented in many negative social 

and physical statistics indicative of special educational needs, 

and had educational needs that were related to their unique 

cultural situation, such as different learning styles and low 

self-image. 

ø(15) In recognition of the educational needs of Native Hawaiians, in 1988, Congress enacted title IV of the Augustus F. 

Hawkins-Robert T. Stafford Elementary and Secondary School 

Improvement Amendments of 1988 (102 Stat. 130) to authorize 

and develop supplemental educational programs to address the 

unique conditions of Native Hawaiians. 

ø(16) In 1993, the Kamehameha Schools Bishop Estate released a 10-year update of findings of the Native Hawaiian 

Educational Assessment Project, which found that despite the 

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successes of the programs established under title IV of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988, many of the 

same educational needs still existed for Native Hawaiians. 

Subsequent reports by the Kamehameha Schools Bishop Estate 

and other organizations have generally confirmed those findings. For example— 

ø(A) educational risk factors continue to start even before birth for many Native Hawaiian children, including— 

ø(i) late or no prenatal care; 

ø(ii) high rates of births by Native Hawaiian 

women who are unmarried; and 

ø(iii) high rates of births to teenage parents; 

ø(B) Native Hawaiian students continue to begin their 

school experience lagging behind other students in terms 

of readiness factors such as vocabulary test scores; 

ø(C) Native Hawaiian students continue to score below 

national norms on standardized education achievement 

tests at all grade levels; 

ø(D) both public and private schools continue to show 

a pattern of lower percentages of Native Hawaiian students in the uppermost achievement levels and in gifted 

and talented programs; 

ø(E) Native Hawaiian students continue to be overrepresented among students qualifying for special education programs provided to students with learning disabilities, mild intellectual disabilities, emotional impairment, and other such disabilities; 

ø(F) Native Hawaiians continue to be underrepresented in institutions of higher education and among 

adults who have completed four or more years of college; 

ø(G) Native Hawaiians continue to be disproportionately represented in many negative social and physical statistics indicative of special educational needs, as demonstrated by the fact that— 

ø(i) Native Hawaiian students are more likely to 

be retained in grade level and to be excessively absent 

in secondary school; 

ø(ii) Native Hawaiian students have the highest 

rates of drug and alcohol use in the State of Hawaii; 

and 

ø(iii) Native Hawaiian children continue to be disproportionately victimized by child abuse and neglect; 

and 

ø(H) Native Hawaiians now comprise over 23 percent 

of the students served by the State of Hawaii Department 

of Education, and there are and will continue to be geographically rural, isolated areas with a high Native Hawaiian population density. 

ø(17) In the 1998 National Assessment of Educational 

Progress, Hawaiian fourth-graders ranked 39th among groups 

of students from 39 States in reading. Given that Hawaiian 

students rank among the lowest groups of students nationally 

in reading, and that Native Hawaiian students rank the lowest 

among Hawaiian students in reading, it is imperative that 

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greater focus be placed on beginning reading and early education and literacy in Hawaii. 

ø(18) The findings described in paragraphs (16) and (17) 

are inconsistent with the high rates of literacy and integration 

of traditional culture and Western education historically 

achieved by Native Hawaiians through a Hawaiian languagebased public school system established in 1840 by Kamehameha III. 

ø(19) Following the overthrow of the Kingdom of Hawaii in 

1893, Hawaiian medium schools were banned. After annexation, throughout the territorial and statehood period of Hawaii, and until 1986, use of the Hawaiian language as an instructional medium in education in public schools was declared 

unlawful. The declaration caused incalculable harm to a culture that placed a very high value on the power of language, 

as exemplified in the traditional saying: ‘‘I ka ‘‘o ̄lelo no ̄ ke ola; 

I ka ‘‘o ̄lelo no ̄ ka make. In the language rests life; In the language rests death.’’. 

ø(20) Despite the consequences of over 100 years of nonindigenous influence, the Native Hawaiian people are determined to preserve, develop, and transmit to future generations 

their ancestral territory and their cultural identity in accordance with their own spiritual and traditional beliefs, customs, 

practices, language, and social institutions. 

ø(21) The State of Hawaii, in the constitution and statutes 

of the State of Hawaii— 

ø(A) reaffirms and protects the unique right of the Native Hawaiian people to practice and perpetuate their culture and religious customs, beliefs, practices, and language; 

ø(B) recognizes the traditional language of the Native 

Hawaiian people as an official language of the State of Hawaii, which may be used as the language of instruction for 

all subjects and grades in the public school system; and 

ø(C) promotes the study of the Hawaiian culture, language, and history by providing a Hawaiian education program and using community expertise as a suitable and essential means to further the program.¿ 

SEC. 7202. FINDINGS. 

Congress finds the following: 

(1) Native Hawaiians are a distinct and unique indigenous 

people with a historical continuity to the original inhabitants of 

the Hawaiian archipelago, whose society was organized as a 

nation and internationally recognized as a nation by the United 

States, and many other countries. 

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

over the Hawaiian Islands. 

(3) The political relationship between the United States and 

the Native Hawaiian people has been recognized and reaffirmed 

by the United States, as evidenced by the inclusion of Native 

Hawaiians in many Federal statutes. 

(4) In 1993, 2005, and 2009, the Kamehameha Schools 

Bishop Estate released the findings of the Native Hawaiian 

Educational Assessment Project, which found that despite the 

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successes of the programs established under title IV of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (Public Law 

100–297, 102 Stat. 358), many of the same educational needs 

still existed for Native Hawaiians. 

(5) The percentage of Native Hawaiian students served by 

the State of Hawaii Department of Education rose 30 percent 

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

population density. 

(6) The Native Hawaiian people are determined to preserve, 

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

spiritual and traditional beliefs, customs, practices, language, 

and social institutions. 

(7) The State of Hawaii, in the constitution and statutes of 

the State of Hawaii— 

(A) reaffirms and protects the unique right of the Native Hawaiian people to practice and perpetuate their culture and religious customs, beliefs, practices, and language; 

(B) recognizes the traditional language of the Native 

Hawaiian people as an official language of the State of Hawaii, which may be used as the language of instruction for 

all subjects and grades in the public school system; and 

(C) promotes the study of the Hawaiian culture, language, and history by providing a Hawaiian education program and using community expertise as a suitable and essential means to further the program. 

øSEC. 7203. ø20 U.S.C. 7513¿ øPURPOSES. 

øThe purposes of this part are to— 

ø(1) authorize and develop innovative educational programs to assist Native Hawaiians; 

ø(2) provide direction and guidance to appropriate Federal, 

State, and local agencies to focus resources, including resources 

made available under this part, on Native Hawaiian education, 

and to provide periodic assessment and data collection; 

ø(3) supplement and expand programs and authorities in 

the area of education to further the purposes of this title; and 

ø(4) encourage the maximum participation of Native Hawaiians in planning and management of Native Hawaiian education programs.¿ 

SEC. 7203. PURPOSES. 

The purposes of this subpart are to— 

(1) develop, implement, assess, expand, and evaluate innovative educational programs, Native Hawaiian language medium programs, Native Hawaiian culture-based education programs, and other education programs to improve the academic 

achievement of Native Hawaiian students by meeting their 

unique cultural and language needs to help such students meet 

college and career ready State academic content and student 

academic achievement standards adopted under section 

1111(a)(1); 

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

local agencies to more effectively and efficiently focus resources, 

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including resources made available under this subpart, on the 

development and implementation of— 

(A) innovative educational programs for Native Hawaiian students; 

(B) rigorous and substantive Native Hawaiian language programs; and 

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

(3) create a system by which information from programs 

funded under this subpart will be collected, analyzed, evaluated, reported, and used in decisionmaking activities with respect to the types of grants awarded under this subpart. 

øSEC. 7204. ø20 U.S.C. 7514¿ NATIVE HAWAIIAN EDUCATION COUNCIL 

AND ISLAND COUNCILS. 

ø(a) ESTABLISHMENT OF NATIVE HAWAIIAN EDUCATION COUNCIL.—In order to better effectuate the purposes of this part through 

the coordination of educational and related services and programs 

available to Native Hawaiians, including those programs receiving 

funding under this part, the Secretary is authorized to establish a 

Native Hawaiian Education Council (hereafter in this part referred 

to as the ‘‘Education Council’’). 

ø(b) COMPOSITION OF EDUCATION COUNCIL.—The Education 

Council shall consist of not more than 21 members, unless otherwise determined by a majority of the council. 

ø(c) CONDITIONS AND TERMS.— 

ø(1) CONDITIONS.—At least 10 members of the Education 

Council shall be Native Hawaiian education service providers 

and 10 members of the Education Council shall be Native Hawaiians or Native Hawaiian education consumers. In addition, 

a representative of the State of Hawaii Office of Hawaiian Affairs shall serve as a member of the Education Council. 

ø(2) APPOINTMENTS.—The members of the Education 

Council shall be appointed by the Secretary based on recommendations received from the Native Hawaiian community. 

ø(3) TERMS.—Members of the Education Council shall 

serve for staggered terms of 3 years, except as provided in 

paragraph (4). 

ø(4) COUNCIL DETERMINATIONS.—Additional conditions and 

terms relating to membership on the Education Council, including term lengths and term renewals, shall be determined 

by a majority of the Education Council. 

ø(d) NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.—The Secretary shall make a direct grant to the Education Council to carry 

out the following activities: 

ø(1) Coordinate the educational and related services and 

programs available to Native Hawaiians, including the programs assisted under this part. 

ø(2) Assess the extent to which such services and programs meet the needs of Native Hawaiians, and collect data on 

the status of Native Hawaiian education. 

ø(3) Provide direction and guidance, through the issuance 

of reports and recommendations, to appropriate Federal, State, 

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lating to Native Hawaiian education, and serve, where appropriate, in an advisory capacity. 

ø(4) Make direct grants, if such grants enable the Education Council to carry out the duties of the Education Council, 

as described in paragraphs (1) through (3). 

ø(e) ADDITIONAL DUTIES OF THE EDUCATION COUNCIL.— ø(1) IN GENERAL.—The Education Council shall provide 

copies of any reports and recommendations issued by the Education Council, including any information that the Education 

Council provides to the Secretary pursuant to subsection (i), to 

the Secretary, the Committee on Education and the Workforce 

of the House of Representatives, and the Committee on Indian 

Affairs of the Senate. 

ø(2) ANNUAL REPORT.—The Education Council shall prepare and submit to the Secretary an annual report on the Education Council’s activities. 

ø(3) ISLAND COUNCIL SUPPORT AND ASSISTANCE.—The Education Council shall provide such administrative support and 

financial assistance to the island councils established pursuant 

to subsection (f) as the Secretary determines to be appropriate, 

in a manner that supports the distinct needs of each island 

council. 

ø(f) ESTABLISHMENT OF ISLAND COUNCILS.— ø(1) IN GENERAL.—In order to better effectuate the purposes of this part and to ensure the adequate representation 

of island and community interests within the Education Council, the Secretary is authorized to facilitate the establishment 

of Native Hawaiian education island councils (hereafter in this 

part referred to as an ‘‘island council’’) for the following islands: 

ø(A) Hawaii. 

ø(B) Maui. 

ø(C) Molokai. 

ø(D) Lanai. 

ø(E) Oahu. 

ø(F) Kauai. 

ø(G) Niihau. 

ø(2) COMPOSITION OF ISLAND COUNCILS.—Each island council shall consist of parents, students, and other community 

members who have an interest in the education of Native Hawaiians, and shall be representative of individuals concerned 

with the educational needs of all age groups, from children in 

preschool through adults. At least three-fourths of the members of each island council shall be Native Hawaiians. 

ø(g) ADMINISTRATIVE PROVISIONS RELATING TO EDUCATION

COUNCIL AND ISLAND COUNCILS.—The Education Council and each 

island council shall meet at the call of the chairperson of the appropriate council, or upon the request of the majority of the members 

of the appropriate council, but in any event not less often than four 

times during each calendar year. The provisions of the Federal Advisory Committee Act shall not apply to the Education Council and 

each island council. 

ø(h) COMPENSATION.—Members of the Education Council and 

each island council shall not receive any compensation for service 

on the Education Council and each island council, respectively. 

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ø(i) REPORT.—Not later than 4 years after the date of enactment of the No Child Left Behind Act of 2001, the Secretary shall 

prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Indian 

Affairs of the Senate a report that summarizes the annual reports 

of the Education Council, describes the allocation and use of funds 

under this part, and contains recommendations for changes in Federal, State, and local policy to advance the purposes of this part.¿ 

SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL. 

(a) GRANT AUTHORIZED.— 

(1) IN GENERAL.—In order to better effectuate the purposes 

of this subpart through the coordination of educational and related services and programs available to Native Hawaiian students, including those programs receiving funding under this 

subpart, the Secretary shall award a grant to an education 

council, as described in subsection (b). 

(2) DURATION OF GRANT.—A grant under this section shall 

be for a period of 5 years. 

(3) FUNDING.—For each fiscal year, the Secretary shall use 

the amount described in section 7205(h)(1) to make a payment 

under the grant. Funds made available through the grant shall 

remain available until expended. 

(b) COMPOSITION.— 

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

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

the requirements of this subsection. 

(2) IN GENERAL.—The Education Council shall consist of 15 

members, of whom— 

(A) 1 shall be the President of the University of Hawaii 

(or a designee); 

(B) 1 shall be the Governor of the State of Hawaii (or 

a designee); 

(C) 1 shall be the Superintendent of the State of Hawaii Department of Education (or a designee); 

(D) 1 shall be the chairperson of the Office of Hawaiian 

Affairs (or a designee); 

(E) 1 shall be the executive director of Hawaii’s Charter 

School Network (or a designee); 

(F) 1 shall be the chief executive officer of the Kamehameha Schools (or a designee); 

(G) 1 shall be the chairperson of the Queen 

Liliuokalani Trust (or a designee); 

(H) 1 shall be a member, selected by the other members 

of the Education Council, who represents a private grantmaking entity (or a designee); 

(I) 1 shall be the mayor of the County of Hawaii (or a 

designee); 

(J) 1 shall be the Mayor of Maui County (or a designee 

from the Island of Maui); 

(K) 1 shall be the Mayor of the County of Kauai (or a 

designee); 

(L) 1 shall be appointed by the Mayor of Maui County 

from the Island of either Molokai or Lanai; 

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(M) 1 shall be the Mayor of the City and County of 

Honolulu (or a designee); 

(N) 1 shall be the Chairperson of the Hawaiian Homes 

Commission (or a designee); and 

(O) 1 shall be the Chairperson of the Hawaii Workforce 

Development Council (or a designee representing the private 

sector). 

(3) REQUIREMENTS.—Any designee serving on the Council 

shall demonstrate, as determined by the individual who appointed such designee with input from the Native Hawaiian 

community, not less than 5 years of experience as a consumer 

or provider of Native Hawaiian education or cultural activities, 

with traditional cultural experience given due consideration. 

(4) LIMITATION.—A member of the Education Council, including a designee, may not receive, as an individual, grant 

funds awarded under this subpart while serving on the Education Council. 

(5) NO COMPENSATION.—None of the funds made available 

through the grant may be used to provide compensation to any 

member of the Education Council or member of a working 

group established by the Education Council, for functions described in this section. 

(6) ADMINISTRATIVE PROVISIONS RELATING TO EDUCATION

COUNCIL.—The Education Council shall meet at the call of the 

Chair of the Council, or upon request by a majority of the members of the Education Council, but in any event not less often 

than every 120 days. 

(7) CHAIR, VICE CHAIR.— (A) SELECTION.—The Education Council shall select a 

Chair and Vice Chair from among the members of the Education Council. 

(B) SERVICE.—The Chair and Vice Chair selected 

under subparagraph (A) shall each serve for one 2-year 

term. 

(c) USE OF FUNDS FOR TECHNICAL ASSISTANCE AND ASSESS- MENT.—The Education Council shall use funds made available 

through the grant under this section to carry out, directly or 

through subgrant or contract, the following activities: 

(1) Providing technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this subpart. 

(2) Obtaining from such grantees information and data regarding grants awarded under this subpart, including information and data about— 

(A) the effectiveness of such grantees in meeting the 

educational priorities recommended by the Education 

Council under subsection (e)(1)(B), using metrics consistent 

with such priorities; and 

(B) the effectiveness of such grantees in carrying out 

any of the activities described in section 7205(c) that are related to the specific goals and purposes of each grantee’s 

grant project, using metrics consistent with such goals and 

purposes. 

(3) Assessing and defining the educational needs of Native 

Hawaiians. 

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(4) Assessing the programs and services available to address the educational needs of Native Hawaiians. 

(5) Assessing and evaluating the individual and aggregate 

impact achieved by grantees under this subpart in improving 

Native Hawaiian educational performance and meeting the 

goals of this subpart. 

(6) Providing direction and guidance, through the issuance 

of reports and recommendations, to appropriate Federal, State, 

and local agencies in order to focus and improve the use of resources, including resources made available under this subpart, 

relating to Native Hawaiian student education, and serve, 

where appropriate, in an advisory capacity. 

(7) Hiring an executive director to enable the Education 

Council to carry out the activities described in this subsection. 

(d) USE OF FUNDS FOR COMMUNITY CONSULTATIONS.—The 

Education Council shall use funds made available through the 

grant under this section to hold not less than 1 community consultation each year on each of the Islands of Hawaii, Maui, Molokai, 

Lanai, Oahu, and Kauai, at which— 

(1) not less than 3 members of the Education Council shall 

be in attendance; 

(2) the Education Council shall gather community input regarding— 

(A) entities that are, at the time of the community consultation, receiving a grant under this subpart; 

(B) priorities and needs; and 

(C) other Native Hawaiian educational issues; and 

(3) the Education Council shall report to the community on 

the outcomes of the grants awarded under this subpart. 

(e) REPORTS.— 

(1) ANNUAL EDUCATION COUNCIL REPORT.—The Education 

Council shall use funds made available through the grant 

under this section to prepare and submit to the Secretary, before 

the end of each calendar year, annual reports that contain— 

(A) a description of the activities of the Education 

Council during the preceding calendar year; 

(B) recommendations of the Education Council, if any, 

regarding priorities to be established under section 7205(b); 

(C) a description of significant barriers to achieving the 

goals under this subpart; 

(D) a summary of each community consultation session, as described in subsection (d); and 

(E) recommendations to establish funding priorities 

based on an assessment of— 

(i) the educational needs of Native Hawaiians; 

(ii) programs and services currently available to 

address such needs, including the effectiveness of such 

programs in improving the educational performance of 

Native Hawaiians; and 

(iii) priorities for funding in specific geographic 

communities. 

(2) REPORT BY THE SECRETARY.—Not later than 2 years 

after the date of enactment of the Strengthening America’s 

Schools Act of 2013, the Secretary shall prepare and submit to 

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the Committee on Indian Affairs of the Senate and the authorizing committees a report that— 

(A) summarizes the annual reports of the Education 

Council; 

(B) describes the allocation and use of funds under this 

subpart and the information gathered since the first annual 

report submitted by the Education Council to the Secretary 

under this section; and 

(C) contains recommendations for changes in Federal, 

State, and local policy to advance the purposes of this subpart. 

øSEC. 7205. ø20 U.S.C. 7515¿ PROGRAM AUTHORIZED. 

ø(a) GENERAL AUTHORITY.— 

ø(1) GRANTS AND CONTRACTS.—The Secretary is authorized 

to make direct grants to, or enter into contracts with— 

ø(A) Native Hawaiian educational organizations; 

ø(B) Native Hawaiian community-based organizations; 

ø(C) public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian programs or programs of instruction in the Native Hawaiian language; and 

ø(D) consortia of the organizations, agencies, and institutions described in subparagraphs (A) through (C), 

to carry out programs that meet the purposes of this part. 

ø(2) PRIORITIES.—In awarding grants or contracts to carry 

out activities described in paragraph (3), the Secretary shall 

give priority to entities proposing projects that are designed to 

address— 

ø(A) beginning reading and literacy among students in 

kindergarten through third grade; 

ø(B) the needs of at-risk children and youth; 

ø(C) needs in fields or disciplines in which Native Hawaiians are underemployed; and 

ø(D) the use of the Hawaiian language in instruction. 

ø(3) AUTHORIZED ACTIVITIES.—Activities provided through 

programs carried out under this part may include— 

ø(A) the development and maintenance of a statewide 

Native Hawaiian early education and care system to provide a continuum of services for Native Hawaiian children 

from the prenatal period of the children through age 5; 

ø(B) the operation of family-based education centers 

that provide such services as— 

ø(i) programs for Native Hawaiian parents and 

their infants from the prenatal period of the infants 

through age 3; 

ø(ii) preschool programs for Native Hawaiians; 

and 

ø(iii) research on, and development and assessment of, family-based, early childhood, and preschool 

programs for Native Hawaiians; 

ø(C) activities that enhance beginning reading and literacy in either the Hawaiian or the English language 

among Native Hawaiian students in kindergarten through 

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tures of combined English and Hawaiian literacy for Hawaiian speakers in fifth and sixth grade; 

ø(D) activities to meet the special needs of Native Hawaiian students with disabilities, including— 

ø(i) the identification of such students and their 

needs; 

ø(ii) the provision of support services to the families of those students; and 

ø(iii) other activities consistent with the requirements of the Individuals with Disabilities Education 

Act; 

ø(E) activities that address the special needs of Native 

Hawaiian students who are gifted and talented, including— 

ø(i) educational, psychological, and developmental 

activities designed to assist in the educational 

progress of those students; and 

ø(ii) activities that involve the parents of those 

students in a manner designed to assist in the students’ educational progress; 

ø(F) the development of academic and vocational curricula to address the needs of Native Hawaiian children 

and adults, including curriculum materials in the Hawaiian language and mathematics and science curricula that 

incorporate Native Hawaiian tradition and culture; 

ø(G) professional development activities for educators, 

including— 

ø(i) the development of programs to prepare prospective teachers to address the unique needs of Native Hawaiian students within the context of Native 

Hawaiian culture, language, and traditions; 

ø(ii) in-service programs to improve the ability of 

teachers who teach in schools with concentrations of 

Native Hawaiian students to meet those students’ 

unique needs; and 

ø(iii) the recruitment and preparation of Native 

Hawaiians, and other individuals who live in communities with a high concentration of Native Hawaiians, 

to become teachers; 

ø(H) the operation of community-based learning centers that address the needs of Native Hawaiian families 

and communities through the coordination of public and 

private programs and services, including— 

ø(i) preschool programs; 

ø(ii) after-school programs; 

ø(iii) vocational and adult education programs; 

and 

ø(iv) programs that recognize and support the 

unique cultural and educational needs of Native Hawaiian children, and incorporate appropriately qualified Native Hawaiian elders and seniors; 

ø(I) activities, including program co-location, to enable 

Native Hawaiians to enter and complete programs of postsecondary education, including— 

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ø(i) provision of full or partial scholarships for undergraduate or graduate study that are awarded to 

students based on their academic promise and financial need, with a priority, at the graduate level, given 

to students entering professions in which Native Hawaiians are underrepresented; 

ø(ii) family literacy services; 

ø(iii) counseling and support services for students 

receiving scholarship assistance; 

ø(iv) counseling and guidance for Native Hawaiian 

secondary students who have the potential to receive 

scholarships; and 

ø(v) faculty development activities designed to 

promote the matriculation of Native Hawaiian students; 

ø(J) research and data collection activities to determine the educational status and needs of Native Hawaiian 

children and adults; 

ø(K) other research and evaluation activities related to 

programs carried out under this part; and 

ø(L) other activities, consistent with the purposes of 

this part, to meet the educational needs of Native Hawaiian children and adults. 

ø(4) SPECIAL RULE AND CONDITIONS.— 

ø(A) INSTITUTIONS OUTSIDE HAWAII.—The Secretary 

shall not establish a policy under this section that prevents a Native Hawaiian student enrolled at a 2- or 4-year 

degree granting institution of higher education outside of 

the State of Hawaii from receiving a scholarship pursuant 

to paragraph (3)(I). 

ø(B) SCHOLARSHIP CONDITIONS.—The Secretary shall 

establish conditions for receipt of a scholarship awarded 

under paragraph (3)(I). The conditions shall require that 

an individual seeking such a scholarship enter into a contract to provide professional services, either during the 

scholarship period or upon completion of a program of 

postsecondary education, to the Native Hawaiian community. 

ø(b) ADMINISTRATIVE COSTS.—Not more than 5 percent of 

funds provided to a recipient of a grant or contract under subsection (a) for any fiscal year may be used for administrative purposes. 

ø(c) AUTHORIZATION OF APPROPRIATIONS.— 

ø(1) IN GENERAL.—There are authorized to be appropriated 

to carry out this section and section 7204 such sums as may 

be necessary for fiscal year 2002 and each of the 5 succeeding 

fiscal years. 

ø(2) RESERVATION.—Of the funds appropriated under this 

subsection, the Secretary shall reserve $500,000 for fiscal year 

2002 and each of the 5 succeeding fiscal years to make a direct 

grant to the Education Council to carry out section 7204. 

ø(3) AVAILABILITY.—Funds appropriated under this subsection shall remain available until expended.¿ 

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SEC. 7205. PROGRAM AUTHORIZED. 

(a) GRANTS AND CONTRACTS.—In order to carry out programs 

that meet the purposes of this subpart, the Secretary is authorized 

to award grants to, or enter into contracts with— 

(1) Native Hawaiian educational organizations; 

(2) Native Hawaiian community-based organizations; 

(3) public and private nonprofit organizations, agencies, 

and institutions with experience in successfully developing or 

operating Native Hawaiian education and workforce development programs or programs of instruction in the Native Hawaiian language; 

(4) charter schools; and 

(5) consortia of the organizations, agencies, institutions, 

and schools described in paragraphs (1) through (4). 

(b) PRIORITY.—In awarding grants and entering into contracts 

under this subpart, the Secretary shall give priority to— 

(1) programs that meet the educational priorities recommended by the Education Council under section 

7204(e)(1)(B); 

(2) programs designed to improve the academic achievement of Native Hawaiian students by meeting their unique cultural and linguistic needs in order to help such students meet 

college and career ready academic standards adopted under 

section 1111(a)(1); and 

(3) programs in which a State educational agency, local 

educational agency, institution of higher education, or a State 

educational agency or local educational agency in partnership 

with an institution of higher education apply for a grant or contract under this subpart as part of a partnership or consortium. 

(c) AUTHORIZED ACTIVITIES.—Activities provided through programs carried out under this subpart may include— 

(1) the development and maintenance of a statewide Native 

Hawaiian early childhood education system to provide a continuum of high-quality services for Native Hawaiian children 

from the prenatal period through the age of kindergarten entry; 

(2) the operation of family-based education centers that provide such services as— 

(A) programs for Native Hawaiian parents and their 

infants from the prenatal period of infancy through age 3; 

(B) preschool programs for Native Hawaiian children; 

and 

(C) research on, and development and assessment of, 

family-based early childhood education programs for Native Hawaiians; 

(3) activities that enhance beginning reading and literacy 

in either the Hawaiian or the English language among Native 

Hawaiian students in kindergarten through grade 3 and assistance in addressing the distinct features of combined English 

and Hawaiian literacy for Hawaiian speakers in grades 5 and 

6; 

(4) activities to meet the special needs of Native Hawaiian 

students with disabilities, including— 

(A) the identification of such students and their needs; 

(B) the provision of support services to the families of 

those students; and 

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(C) other activities consistent with the requirements of 

the Individuals with Disabilities Education Act; 

(5) activities that address the special needs of Native Hawaiian students who are gifted and talented, including— 

(A) educational, psychological, social, emotional, and 

developmental activities designed to assist in the educational progress of such students; and 

(B) activities that involve the parents of such students 

in a manner designed to assist in the students’ educational 

progress; 

(6) the development of academic and career and technical 

curricula to address the needs of Native Hawaiian children, 

youth, and adults, including curricula materials in the Hawaiian language and mathematics, science, engineering, and technology that incorporate Native Hawaiian tradition and culture; 

(7) professional development activities for educators, including— 

(A) the development of programs to prepare prospective 

teachers to address the unique needs of Native Hawaiian 

students within the context of Native Hawaiian culture, 

language, and traditions; 

(B) in-service programs to improve the ability of teachers who teach in schools with concentrations of Native Hawaiian students to meet those students’ unique needs; and 

(C) the recruitment and preparation of Native Hawaiian individuals, and other individuals who live in communities with a high concentration of Native Hawaiians, to 

become teachers or leaders; 

(8) the operation of community-based learning centers that 

address the needs of Native Hawaiian families and communities through the coordination of public and private programs 

and services, including— 

(A) early childhood education programs, including preschool programs; 

(B) before- and after-school programs and weekend 

academies; 

(C) career and technical and adult education programs; and 

(D) programs that recognize and support the unique 

cultural and educational needs of Native Hawaiian children and youth and incorporate appropriately qualified 

Native Hawaiian elders and seniors; 

(9) activities, including program colocation, to enable Native Hawaiian individuals to enter and complete programs of 

postsecondary education, including— 

(A) the provision of full or partial scholarships for undergraduate or graduate study that are awarded to students based on their academic promise and financial need, 

with a priority, at the graduate level, given to Native Hawaiian students entering professions in which Native Hawaiians are underrepresented; 

(B) family literacy activities; 

(C) counseling and support services for students receiving scholarship assistance; 

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(D) counseling and guidance for Native Hawaiian secondary school students who have the potential to receive 

scholarships; 

(E) assistance with completing the higher education 

admissions and financial aid application process; and 

(F) faculty development activities designed to promote 

the matriculation of Native Hawaiian students; 

(10) activities that recognize and support the unique needs 

of Native Hawaiian youth regarding the completion of quality 

workforce preparation and training programs and activities, including apprenticeship programs; 

(11) research and data collection activities to determine the 

educational status and needs of Native Hawaiian children and 

youth; 

(12) other research and evaluation activities related to programs carried out under this subpart; and 

(13) other activities, consistent with the purposes of this 

subpart, to meet the educational needs of Native Hawaiian children and youth. 

(d) ADDITIONAL ACTIVITIES.—From funds made available to 

carry out this subpart, the Secretary shall support the following: 

(1) The development of a body of Native Hawaiian law. 

(2) The repair and renovation of public schools that serve 

high concentrations of Native Hawaiian students. 

(3) Informal education programs that present traditional 

Hawaiian knowledge, science, astronomy, and environmental 

education through State museums or learning centers. 

(4) Public charter schools serving high concentrations of 

Native Hawaiian students. 

(5) The perpetuation of, and expansion of access to, Hawaiian culture and history through digital archives. 

(e) SPECIAL RULE AND CONDITIONS.— 

(1) INSTITUTIONS OUTSIDE HAWAII.—The Secretary may not 

establish a policy under this section that prevents a Native Hawaiian student enrolled at a 2- or 4-year degree-granting institution of higher education outside of the State of Hawaii from 

receiving a scholarship pursuant to subsection (c)(9)(A). 

(2) SCHOLARSHIP CONDITIONS.—The Secretary shall establish conditions for receipt of a scholarship awarded under subsection (c)(9)(A). The conditions shall require that an individual 

seeking such a scholarship enter into a contract to provide professional services, either during the scholarship period or upon 

completion of a program of postsecondary education, to the Native Hawaiian community. 

(f) TREATMENT OF FUNDS.— 

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

funds made available under this subpart shall be used to supplement, and not supplant, any State or local funds used to 

achieve the purposes of this subpart. 

(2) EXCEPTION.—Paragraph (1) shall not apply to any nonprofit entity or Native Hawaiian community-based organization 

that receives a grant or other funds under this subpart. 

(g) ADMINISTRATIVE COSTS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), not 

more than 5 percent of funds provided to a recipient of a grant 

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909 

or contract under subsection (a) for any fiscal year may be used 

for administrative purposes. 

(2) EXCEPTION.—Not more than 10 percent of funds provided under subsection (a) for any fiscal year to a nonprofit entity serving the Native Hawaiian community may be used for 

administrative purposes. 

(h) RESERVATION; AVAILABILITY OF FUNDS.— 

(1) RESERVATION.—From the funds made available to carry 

out this subpart, the Secretary shall reserve, for each of fiscal 

years 2014 through 2018, not less than $500,000 for the Education Council. 

(2) AVAILABILITY.—Funds made available to carry out this 

subpart and funds reserved under this subsection shall remain 

available until expended. 

øSEC. 7206. ø20 U.S.C. 7516¿ ADMINISTRATIVE PROVISIONS. 

ø(a) APPLICATION REQUIRED.—No grant may be made under 

this part, and no contract may be entered into under this part, unless the entity seeking the grant or contract submits an application 

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

information as the Secretary may determine to be necessary to 

carry out the provisions of this part. 

ø(b) SPECIAL RULE.—Each applicant for a grant or contract 

under this part shall submit the application for comment to the 

local educational agency serving students who will participate in 

the program to be carried out under the grant or contract, and include those comments, if any, with the application to the Secretary.¿ 

SEC. 7206. ADMINISTRATIVE PROVISIONS. 

(a) APPLICATION REQUIRED.— 

(1) IN GENERAL.—No grant may be made under this subpart, and no contract may be entered into under this subpart, 

unless the entity seeking the grant or contract submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine to be 

necessary to carry out the provisions of this subpart. 

(2) ACADEMIC PROJECTS.—Applications submitted under 

this subpart to carry out projects and activities that are academic in nature shall describe— 

(A) the criteria that will be used to ensure that such 

projects and activities use evidence-based strategies and 

methods; and 

(B) the process through which the applicant will monitor and report such activities, including the achievement of 

identified objectives. 

(b) APPLICATIONS TO EDUCATION COUNCIL.—The Secretary 

shall provide to the Education Council a copy of each grant or contract application submitted under this subpart. 

(c) ANNUAL REPORT.— 

(1) IN GENERAL.—Each entity that receives a grant under 

this subpart (except for section 7204) shall submit to the Secretary an annual report, in such form and containing such information as the Secretary may require, that determines the extent to which activities carried out with funds provided under 

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this subpart are effective in improving the educational achievement of Native Hawaiian students served by such funds. 

(2) CONTENT.—As a part of the information reported under 

paragraph (1), each entity that receives a grant under this subpart shall provide data, using information from the most recent 

year for which data are available, on— 

(A) the academic achievement of the Native Hawaiian 

students the entity serves, as measured by the State assessments required under section 1111(a)(2) and the high 

school graduation rates and institution of higher education 

attendance rates of those students; and 

(B) such other measures as the Secretary may prescribe. 

SEC. 7207. DEFINITIONS. 

In this øpart¿subpart: 

(1) COMMUNITY CONSULTATION.—The term ‘‘community 

consultation’’ means a public gathering— 

(A) to discuss Native Hawaiian education concerns; 

and 

(B) about which the public has been given not less than 

30 days notice. 

ø(1)¿(2) NATIVE HAWAIIAN.—The term ‘‘Native Hawaiian’’ 

means any individual who is— 

(A) * * * 

* * * * * * * 

ø(2)¿(3) NATIVE HAWAIIAN COMMUNITY-BASED ORGANIZA- TION.—* * * 

ø(3)¿(4) NATIVE HAWAIIAN EDUCATIONAL ORGANIZATION.— * * * 

* * * * * * * 

ø(4)¿(5) NATIVE HAWAIIAN LANGUAGE.—* * * 

ø(5)¿(6) NATIVE HAWAIIAN ORGANIZATION.—* * * 

* * * * * * * 

ø(6)¿(7) OFFICE OF HAWAIIAN AFFAIRS.—* * * 

* * * * * * * 

øPART C¿Subpart 2—øALASKA NATIVE 

EDUCATION¿Alaska Native Education 

ƒSEC. 7301. ƒ20 U.S.C. 7541≈ SHORT TITLE. 

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

ƒSEC. 7302. ƒ20 U.S.C. 7542≈ FINDINGS. 

ƒCongress finds and declares the following: 

ƒ(1) The attainment of educational success is critical to the 

betterment of the conditions, long-term well-being, and preservation of the culture of Alaska Natives. 

ƒ(2) It is the policy of the Federal Government to encourage 

the maximum participation by Alaska Natives in the planning 

and the management of Alaska Native education programs. 

ƒ(3) Alaska Native children enter and exit school with serious educational handicaps. 

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ƒ(4) The educational achievement of Alaska Native children is far below national norms. Native performance on standardized tests is low, Native student dropout rates are high, and 

Natives are significantly underrepresented among holders of 

baccalaureate degrees in the State of Alaska. As a result, Native 

students are being denied their opportunity to become full participants in society by grade school and high school educations 

that are condemning an entire generation to an underclass status and a life of limited choices. 

ƒ(5) The programs authorized in this part, combined with 

expanded Head Start, infant learning, and early childhood education programs, and parent education programs, are essential 

if educational handicaps are to be overcome. 

ƒ(6) The sheer magnitude of the geographic barriers to be 

overcome in delivering educational services in rural Alaska and 

Alaska villages should be addressed through the development 

and implementation of innovative, model programs in a variety 

of areas. 

ƒ(7) Native children should be afforded the opportunity to 

begin their formal education on a par with their non-Native 

peers. The Federal Government should lend support to efforts 

developed by and undertaken within the Alaska Native community to improve educational opportunity for all students.≈ 

ƒSEC. 7303. ƒ20 U.S.C. 7543≈ PURPOSES. 

ƒThe purposes of this part are as follows: 

ƒ(1) To recognize the unique educational needs of Alaska 

Natives. 

ƒ(2) To authorize the development of supplemental educational programs to benefit Alaska Natives. 

ƒ(3) To supplement existing programs and authorities in 

the area of education to further the purposes of this part. 

ƒ(4) To provide direction and guidance to appropriate Federal, State and local agencies to focus resources, including resources made available under this part, on meeting the educational needs of Alaska Natives.≈ 

ƒSEC. 7304. ƒ20 U.S.C. 7544≈ PROGRAM AUTHORIZED. 

ƒ(a) GENERAL AUTHORITY.— 

ƒ(1) GRANTS AND CONTRACTS.—The Secretary is authorized 

to make grants to, or enter into contracts with, Alaska Native 

organizations, educational entities with experience in developing or operating Alaska Native programs or programs of instruction conducted in Alaska Native languages, cultural and 

community-based organizations with experience in developing 

or operating programs to benefit Alaska Natives, and consortia 

of organizations and entities described in this paragraph to 

carry out programs that meet the purposes of this part. 

ƒ(2) PERMISSIBLE ACTIVITIES.—Activities provided through 

programs carried out under this part may include the following: 

ƒ(A) The development and implementation of plans, 

methods, and strategies to improve the education of Alaska 

Natives. 

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ƒ(B) The development of curricula and educational 

programs that address the educational needs of Alaska Native students, including the following: 

ƒ(i) Curriculum materials that reflect the cultural 

diversity or the contributions of Alaska Natives. 

ƒ(ii) Instructional programs that make use of Native Alaskan languages. 

ƒ(iii) Networks that introduce successful programs, 

materials, and techniques to urban and rural schools. 

ƒ(C) Professional development activities for educators, 

including the following: 

ƒ(i) Programs to prepare teachers to address the 

cultural diversity and unique needs of Alaska Native 

students. 

ƒ(ii) In-service programs to improve the ability of 

teachers to meet the unique needs of Alaska Native students. 

ƒ(iii) Recruitment and preparation of teachers who 

are Alaska Native, reside in communities with high 

concentrations of Alaska Native students, or are likely 

to succeed as teachers in isolated, rural communities 

and engage in cross-cultural instruction in Alaska. 

ƒ(D) The development and operation of home instruction programs for Alaska Native preschool children, to ensure the active involvement of parents in their children’s 

education from the earliest ages. 

ƒ(E) Family literacy services. 

ƒ(F) The development and operation of student enrichment programs in science and mathematics that— 

ƒ(i) are designed to prepare Alaska Native students from rural areas, who are preparing to enter secondary school, to excel in science and math; 

ƒ(ii) provide appropriate support services to the 

families of such students that are needed to enable 

such students to benefit from the programs; and 

ƒ(iii) may include activities that recognize and 

support the unique cultural and educational needs of 

Alaska Native children, and incorporate appropriately 

qualified Alaska Native elders and seniors. 

ƒ(G) Research and data collection activities to determine the educational status and needs of Alaska Native 

children and adults. 

ƒ(H) Other research and evaluation activities related to 

programs carried out under this part. 

ƒ(I) Remedial and enrichment programs to assist Alaska Native students in performing at a high level on standardized tests. 

ƒ(J) Education and training of Alaska Native students 

enrolled in a degree program that will lead to certification 

or licensing as teachers. 

ƒ(K) Parenting education for parents and caregivers of 

Alaska Native children to improve parenting and 

caregiving skills (including skills relating to discipline and 

cognitive development), including parenting education provided through in-home visitation of new mothers. 

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ƒ(L) Cultural education programs operated by the 

Alaska Native Heritage Center and designed to share the 

Alaska Native culture with students. 

ƒ(M) A cultural exchange program operated by the 

Alaska Humanities Forum and designed to share Alaska 

Native culture with urban students in a rural setting, 

which shall be known as the Rose Cultural Exchange Program. 

ƒ(N) Activities carried out through Even Start programs carried out under subpart 3 of part B of title I and 

Head Start programs carried out under the Head Start Act, 

including the training of teachers for programs described 

in this subparagraph. 

ƒ(O) Other early learning and preschool programs. 

ƒ(P) Dropout prevention programs operated by the 

Cook Inlet Tribal Council’s Partners for Success program. 

ƒ(Q) An Alaska Initiative for Community Engagement 

program. 

ƒ(R) Career preparation activities to enable Alaska Native children and adults to prepare for meaningful employment, including programs providing tech-prep, mentoring, 

training, and apprenticeship activities. 

ƒ(S) Provision of operational support and purchasing 

of equipment, to develop regional vocational schools in 

rural areas of Alaska, including boarding schools, for Alaska Native students in grades 9 through 12, or at higher levels of education, to provide the students with necessary resources to prepare for skilled employment opportunities. 

ƒ(T) Other activities, consistent with the purposes of 

this part, to meet the educational needs of Alaska Native 

children and adults. 

ƒ(3) HOME INSTRUCTION PROGRAMS.—Home instruction 

programs for Alaska Native preschool children carried out 

under paragraph (2)(D) may include the following: 

ƒ(A) Programs for parents and their infants, from the 

prenatal period of the infant through age 3. 

ƒ(B) Preschool programs. 

ƒ(C) Training, education, and support for parents in 

such areas as reading readiness, observation, story telling, 

and critical thinking. 

ƒ(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than 5 

percent of funds provided to a grantee under this section for any fiscal year may be used for administrative purposes. 

ƒ(c) PRIORITIES.—In awarding grants or contracts to carry out 

activities described in subsection (a)(2), except for activities listed in 

subsection (d)(2), the Secretary shall give priority to applications 

from Alaska Native regional nonprofit organizations, or consortia 

that include at least one Alaska Native regional nonprofit organization. 

ƒ(d) AUTHORIZATION OF APPROPRIATIONS.— 

ƒ(1) IN GENERAL.—There are authorized to be appropriated 

to carry out this section such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years. 

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ƒ(2) AVAILABILITY OF FUNDS.—Of the funds appropriated 

and made available under this section for a fiscal year, the Secretary shall make available— 

ƒ(A) not less than $1,000,000 to support activities described in subsection (a)(2)(K); 

ƒ(B) not less than $1,000,000 to support activities described in subsection (a)(2)(L); 

ƒ(C) not less than $1,000,000 to support activities described in subsection (a)(2)(M); 

ƒ(D) not less than $2,000,000 to support activities described in subsection (a)(2)(P); and 

ƒ(E) not less than $2,000,000 to support activities described in subsection (a)(2)(Q).≈ 

ƒSEC. 7305. ƒ20 U.S.C. 7545≈ ADMINISTRATIVE PROVISIONS. 

ƒ(a) APPLICATION REQUIRED.—No grant may be made under 

this part, and no contract may be entered into under this part, unless the entity seeking the grant or contract submits an application 

to the Secretary in such form, in such manner, and containing such 

information as the Secretary may determine necessary to carry out 

the provisions of this part. 

ƒ(b) APPLICATIONS.—A State educational agency or local educational agency may apply for an award under this part only as 

part of a consortium involving an Alaska Native organization. The 

consortium may include other eligible applicants. 

ƒ(c) CONSULTATION REQUIRED.—Each applicant for an award 

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

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

ƒSEC. 7306. ƒ20 U.S.C. 7546≈ DEFINITIONS. 

ƒIn this part: 

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

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

Alaska Native Claims Settlement Act. 

ƒ(2) ALASKA NATIVE ORGANIZATION.—The term ‘‘Alaska Native organization’’ means a federally recognized tribe, consortium of tribes, regional nonprofit Native association, and another organization that— 

ƒ(A) has or commits to acquire expertise in the education of Alaska Natives; and 

ƒ(B) has Alaska Natives in substantive and policymaking positions within the organization.≈ 

SEC. 7301. SHORT TITLE. 

This subpart may be cited as the ‘‘Alaska Native Educational 

Equity, Support, and Assistance Act’’. 

SEC. 7302. FINDINGS. 

Congress finds and declares the following: 

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

the attainment of educational success, to the betterment of the 

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

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Alaska Native students must be afforded a culturally relevant 

education. 

(2) It is the policy of the Federal Government to maximize 

the leadership of and participation by Alaska Natives in the 

planning and the management of Alaska Native education programs and to support efforts developed by and undertaken 

within the Alaska Native community to improve educational opportunity for all students. 

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

serious educational disadvantages. 

(4) Overcoming the magnitude of the geographic challenges, 

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

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

and non-Native students continues, including lower graduation 

rates, increased school dropout rates, and lower achievement 

scores on standardized tests. 

(5) The preservation of Alaska Native cultures and languages and the integration of Alaska Native cultures and languages into education, positive identity development for Alaska 

Native students, and local, place-based, and culture-based programming are critical to the attainment of educational success 

and the long-term well-being of Alaska Native students. 

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

(7) The programs and activities authorized under this subpart give priority to Alaska Native organizations as a means of 

increasing Alaska Native parent and community involvement in 

the promotion of academic success of Alaska Native students. 

SEC. 7303. PURPOSES. 

The purposes of this subpart are as follows: 

(1) To recognize and address the unique educational needs 

of Alaska Natives. 

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

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

Alaska Native students. 

(3) To integrate Alaska Native cultures and languages into 

education, develop Alaska Native students’ positive identity, 

and support local place-based and culture-based curriculum 

and programming. 

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

Alaska Natives. 

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

(6) To ensure the maximum participation by Alaska Native 

educators and leaders in the planning, development, management, and evaluation of programs designed to serve Alaska Natives students, and to ensure Alaska Native organizations play 

a meaningful role in supplemental educational services provided to Alaska Native students. 

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SEC. 7304. PROGRAM AUTHORIZED. 

(a) GENERAL AUTHORITY.— 

(1) GRANTS AND CONTRACTS.—The Secretary is authorized 

to make grants to, or enter into contracts with, Alaska Native 

organizations, State educational agencies, local educational 

agencies, educational entities with experience in developing or 

operating Alaska Native educational programs or programs of 

instruction conducted in Alaska Native languages, cultural and 

community-based organizations with experience in developing 

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

purposes of this subpart. 

(2) ADDITIONAL REQUIREMENT.—A State educational agency, local educational agency, educational entity with experience 

in developing or operating Alaska Native educational programs 

or programs of instruction conducted in Alaska Native languages, cultural and community-based organization with experience in developing or operating programs to benefit the educational needs of Alaska Natives, or consortium of such organizations and entities is eligible for an award under this subpart 

only as part of a partnership involving an Alaska Native organization. 

(3) MANDATORY ACTIVITIES.—Activities provided through 

the programs carried out under this subpart shall include the 

following: 

(A) The development and implementation of plans, 

methods, and strategies to improve the education of Alaska 

Natives. 

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

the programs carried out under this subpart. 

(4) PERMISSIBLE ACTIVITIES.—Activities provided through 

programs carried out under this subpart may include the following: 

(A) The development of curricula and programs that 

address the educational needs of Alaska Native students, 

including the following: 

(i) Curriculum materials that reflect the cultural 

diversity, languages, history, or the contributions of 

Alaska Natives. 

(ii) Instructional programs that make use of Alaska Native languages and cultures. 

(iii) Networks that develop, test, and disseminate 

best practices and introduce successful programs, materials, and techniques to meet the educational needs of 

Alaska Native students in urban and rural schools. 

(B) Training and professional development activities 

for educators, including the following: 

(i) Pre-service and in-service training and professional development programs to prepare teachers to develop appreciation for and understanding of Alaska 

Native cultures, values, and ways of knowing and 

learning in order to effectively address the cultural diversity and unique needs of Alaska Native students. 

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(ii) Recruitment and preparation of teachers who 

are Alaska Native. 

(iii) Programs that will lead to the certification 

and licensing of Alaska Native teachers, principals, 

and superintendents. 

(C) Early childhood education activities, including— 

(i) the development and operation of home instruction programs for Alaska Native preschool children, to 

ensure the active involvement of parents in their children’s education from the earliest ages; 

(ii) activities carried out through Head Start programs carried out under the Head Start Act, including 

the training of teachers for programs described in this 

subparagraph; and 

(iii) other early learning and preschool programs. 

(D) Family literacy activities. 

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

(i) are designed to prepare Alaska Native students 

to excel in such subjects; 

(ii) provide appropriate support services to the 

families of such students that are needed to enable 

such students to benefit from the programs; and 

(iii) include activities that recognize and support 

the unique cultural and educational needs of Alaska 

Native children, and incorporate appropriately qualified Alaska Native elders and other tradition bearers. 

(F) Research and data collection activities to determine 

the educational status and needs of Alaska Native children 

and adults. 

(G) Other research and evaluation activities related to 

programs carried out under this subpart. 

(H) Remedial and enrichment programs to assist Alaska Native students to be college or career ready upon graduation from high school. 

(I) Parenting education for parents and caregivers of 

Alaska Native children to improve parenting and 

caregiving skills (including skills relating to discipline and 

cognitive development), including parenting education provided through in-home visitation of new mothers. 

(J) Culturally based education programs designed and 

provided by an entity with demonstrated experience in— 

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

in local schools, to share the rich and diverse cultures 

of Alaska Native peoples among youth, elders, teachers, 

and the larger community; 

(ii) instructing Alaska Native youth in leadership, 

communication, and Native culture, arts, and languages; 

(iii) increasing the high school graduation rate of 

Alaska Native students who are served by the program; 

(iv) providing instruction in Alaska Native history 

and ways of living to students and teachers in the local 

school district; 

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

young adults; and 

(vi) providing cultural immersion activities aimed 

at Alaska Native cultural preservation. 

(K) A statewide on-site exchange program, for both students and teachers, involving schools and culture camps 

that demonstrates effectiveness in facilitating cultural relationships between urban and rural Alaskans to build mutual respect and understanding, and foster a statewide 

sense of common identity through host family, school, and 

community cross-cultural immersion. Any grant to carry 

out this subparagraph shall be awarded by the Secretary 

on a competitive basis. 

(L) Education programs for at-risk urban Alaska Native students in kindergarten through grade 12 operated by 

tribes or tribal organizations that have demonstrated experience in increasing graduation rates among such students 

and that— 

(i) include culturally-informed curriculum intended to preserve and promote Alaska Native culture; 

(ii) partner effectively with the local school district 

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

(iii) provide high-quality academic instruction, 

small classroom sizes, and social-emotional support for 

students from elementary school through high school, 

including residential support; 

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

(v) have a proven track record of improving academic proficiency and increasing graduation rates; 

(vi) provide college preparation and career planning; and 

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

(M) A statewide program that has demonstrated effectiveness in providing technical assistance and support to 

schools and communities to engage adults in promoting the 

academic progress and overall well-being of Alaska Native 

people through strengths-based approaches to child and 

youth development, positive youth-adult relationships, improved conditions for learning (such as school climate and 

student connection to school and community), and increased connections between schools and families. 

(N) Career preparation activities to enable Alaska Native children and adults to prepare for meaningful employment, including programs providing tech-prep, mentoring, 

training, and apprenticeship activities. 

(O) Provision of operational support and purchasing of 

equipment, to develop regional vocational schools in rural 

areas of Alaska, including boarding schools, for Alaska Native students in grades 9 through 12, or at higher levels of 

education, to provide the students with necessary resources 

to prepare for skilled employment opportunities. 

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919 

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

Native students’ pursuit of, and success in, completing 

higher education or career training. 

(Q) Other activities, consistent with the purposes of this 

subpart, to meet the educational needs of Alaska Native 

children and adults. 

(5) HOME INSTRUCTION PROGRAMS.—Home instruction programs for Alaska Native preschool children carried out under 

paragraph (4)(C)(i) may include the following: 

(A) Programs for parents and their infants, from the 

prenatal period of the infant through age 3. 

(B) Preschool programs. 

(C) Training, education, and support for parents in 

such areas as reading readiness, observation, story telling, 

and critical thinking. 

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

percent of funds provided to an award recipient under this subpart 

for any fiscal year may be used for administrative purposes. 

(c) PRIORITIES.—In selecting applications to receive grants or 

contracts to carry out activities described in this subpart, the Secretary shall review applications using a point system that gives not 

less than 15 percent of the total available points to any application 

from an Alaska Native organization. 

SEC. 7305. ADMINISTRATIVE PROVISIONS. 

(a) APPLICATION REQUIRED.— 

(1) IN GENERAL.—The Secretary shall not award a grant or 

enter into a contract under this subpart unless the Alaska Native organization or entity seeking the grant or contract (either 

alone or as part of a partnership described in section 

7304(a)(2)) submits an application to the Secretary in such 

form, in such manner, and containing such information as the 

Secretary may determine necessary to carry out the provisions 

of this subpart. 

(2) REQUIREMENT FOR CERTAIN APPLICANTS.—An applicant 

that is a partnership described in section 7304(a)(2) shall, in 

the application submitted under this subsection— 

(A) demonstrate that an Alaska Native organization 

was directly involved in the development of the program for 

which the applicant seeks funds and explicitly delineate the 

meaningful role that the Alaska Native organization will 

play in the implementation and evaluation of the program 

for which funding is sought; and 

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

governing document. 

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

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

(c) LOCAL EDUCATIONAL AGENCY COORDINATION.—Each applicant for a grant or contract under this subpart shall inform each 

local educational agency serving students who may participate in 

the program to be carried out under the grant or contract about the 

application described in subsection (a). 

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920 

(d) CONTINUATION AWARDS.—An applicant that is a partnership described in section 7304(a)(2) that receives funding under this 

subpart shall periodically demonstrate to the Secretary, during the 

term of the award, that the applicant is continuing to meet the requirements of subsection (a)(2)(A). 

SEC. 7306. DEFINITIONS. 

In this subpart: 

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

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

Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)) and 

includes the descendants of individuals so defined. 

(2) ALASKA NATIVE ORGANIZATION.—The term ‘‘Alaska Native organization’’ means a federally recognized tribe, consortium of tribes, regional nonprofit Native association, and an organization, that— 

(A) has or commits to acquire expertise in the education of Alaska Natives; and 

(B) has Alaska Natives in substantive and policymaking positions within the organization. 

* * * * * * * 

TITLE VIII—IMPACT AID 

SEC. 8001. PURPOSE. 

In order to fulfill the Federal responsibility to assist with the 

provision of educational services to federally connected children in 

a manner that promotes control by local educational agencies with 

little or no Federal or State involvement, because certain activities 

of the Federal Government, such as activities to fulfill the responsibilities of the Federal Government with respect to Indian tribes 

and activities under section 511 of the Servicemembers Civil Relief 

Act, place a financial burden on the local educational agencies serving areas where such activities are carried out, and to help such 

children meet øchallenging State standards¿college and career 

ready State academic content and student academic achievement 

standards under section 1111(a)(1), it is the purpose of this title to 

provide financial assistance to local educational agencies that— 

(1) * * * 

* * * * * * * 

SEC. 8002. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL 

PROPERTY. 

(a) IN GENERAL.—* * * 

* * * * * * * 

(b) AMOUNT.— 

(1) IN GENERAL.—(A)(i)(I) Subject to subclauses (II) and 

(III), the amount that a local educational agency shall be paid 

under subsection (a) for a fiscal year shall be calculated in accordance with paragraph (2). 

* * * * * * * 

(B) If funds appropriated under section ø8014(a)¿3(bb)(1) 

are insufficient to pay the amount determined under subparagraph (A), the Secretary shall calculate the payment for each 

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921 

eligible local educational agency in accordance with subsection 

(h). 

(C) * * * 

* * * * * * * 

(f) SPECIAL RULE.—(1) Beginning with fiscal year 1994, and 

notwithstanding any other provision of law limiting the period during which fiscal year 1994 funds may be obligated, the Secretary 

shall treat the local educational agency serving the Wheatland R– 

II School District, Wheatland, Missouri, as meeting the eligibility 

requirements of section 2(a)(1)(C) of the Act of September 30, 1950 

(Public Law 874, 81st Congress) (as such section was in effect on 

the day preceding the date of enactment of the Improving America’s Schools Act of 1994) (20 U.S.C. 237(a)(1)(C)) or subsection 

(a)(1)(C). 

(2) For each fiscal year beginning with fiscal year 1999, the 

Secretary shall treat the Webster School District, Day County, 

South Dakota as meeting the eligibility requirements of subsection 

(a)(1)(C) of this section. 

(3) For each fiscal year beginning with fiscal year 2000, the 

Secretary shall treat the Central Union, California; Island, California; Hill City, South Dakota; and Wall, South Dakota local educational agencies as meeting the eligibility requirements of subsection (a)(1)(C) of this section. 

ø(4) For the purposes of payments under this section for 

each fiscal year beginning with fiscal year 2000, the Secretary 

shall treat the Hot Springs, South Dakota local educational 

agency as if it had filed a timely application under section 8002 

of the Elementary and Secondary Education Act of 1965 for fiscal year 1994 if the Secretary has received the fiscal year 1994 

application, as well as Exhibits A and B not later than December 1, 1999. 

ø(5) For purposes of payments under this section for each 

fiscal year beginning with fiscal year 2000, the Secretary shall 

treat the Hueneme, California local educational agency as if it 

had filed a timely application under section 8002 of the Elementary and Secondary Education Act of 1965 if the Secretary 

has received the fiscal year 1995 application not later than December 1, 1999.¿ 

* * * * * * * 

ø(g) FORMER DISTRICTS.— 

ø(1) IN GENERAL.—Where the school district of any local 

educational agency described in paragraph (2) is formed at any 

time after 1938 by the consolidation of two or more former 

school districts, such agency may elect (at any time such agency files an application under section 8005) for any fiscal year 

after fiscal year 1994 to have (A) the eligibility of such local 

educational agency, and (B) the amount which such agency 

shall be eligible to receive, determined under this section only 

with respect to such of the former school districts comprising 

such consolidated school districts as such agency shall designate in such election. 

ø(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local educational agency referred to in paragraph (1) is any local 

educational agency that, for fiscal year 1994 or any preceding 

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922 

fiscal year, applied for and was determined eligible under section 2(c) of the Act of September 30, 1950 (Public Law 874, 

81st Congress) as such section was in effect for such fiscal 

year.¿ 

(g) FORMER DISTRICTS.— (1) CONSOLIDATIONS.—For fiscal year 2006 and all succeeding fiscal years, if a local educational agency described in 

paragraph (2) is formed at any time after 1938 by the consolidation of 2 or more former school districts, the local educational 

agency may elect to have the Secretary determine its eligibility 

and any amount for which the local educational agency is eligible under this section for any fiscal year on the basis of 1 or 

more of those former districts, as designated by the local educational agency. 

(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local educational agency referred to in paragraph (1) is— 

(A) any local educational agency that, for fiscal year 

1994 or any preceding fiscal year, applied, and was determined to be eligible under section 2(c) of the Act of September 30, 1950 (Public Law 81–874; 64 Stat. 1102, chapter 1124), as the section was in effect for that fiscal year; 

or 

(B) a local educational agency formed by the consolidation of 2 or more districts, at least 1 of which was eligible 

for assistance under this section for the fiscal year preceding the year of consolidation, if— 

(i) for fiscal years 2006 through 2013, the local 

educational agency had notified the Secretary of the 

designation not later than 30 days after the date of enactment of the Strengthening America’s Schools Act of 

2013; and 

(ii) for fiscal year 2014, and any subsequent fiscal 

year, the local educational agency includes the designation in its application under section 8005 or any timely 

amendment to such application. 

(3) AVAILABILITY OF FUNDS.—Notwithstanding any other 

provision of law limiting the period during which the Secretary 

may obligate funds appropriated for any fiscal year after 2005, 

the Secretary may obligate funds remaining after final payments have been made from any of such fiscal years to carry 

out this subsection. 

(h) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH IN- SUFFICIENT FUNDS ARE APPROPRIATED.—For any fiscal year for 

which the amount appropriated under section ø8014(a)¿3(bb)(1) is 

insufficient to pay to each eligible local educational agency the full 

amount determined under subsection (b), the Secretary shall make 

payments to each local educational agency under this section as follows: 

(1) FOUNDATION PAYMENTS FOR PRE-2010 RECIPIENTS.— (A) IN GENERAL.* * * 

* * * * * * * 

(C) INSUFFICIENT APPROPRIATIONS.—If the amount appropriated under section ø8014(a)¿3(bb)(1) is insufficient 

to pay the full amount determined under this paragraph 

for all eligible local educational agencies for the fiscal year, 

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923 

then the Secretary shall ratably reduce the payment to 

each local educational agency under this paragraph. 

(2) FOUNDATION PAYMENTS FOR NEW APPLICANTS.— 

(A) FIRST YEAR.—* * * 

* * * * * * * 

(C) AMOUNTS.—The amount of a payment under subparagraph (A) for a local educational agency shall be determined as follows: 

(i) * * * 

(ii) Calculate the percentage that the amount appropriated under section ø8014(a)¿3(bb)(1) for the 

most recent fiscal year for which the Secretary has 

completed making payments under this section is of 

the total maximum payments for such fiscal year for 

all local educational agencies eligible for a payment 

under subsection (b) and multiply the agency’s maximum payment by such percentage. 

(iii) * * * 

(D) INSUFFICIENT FUNDS.—If the amount appropriated 

under section ø8014(a) of this title¿3(bb)(1) is insufficient 

to pay the full amount determined under this paragraph 

for all eligible local educational agencies for the fiscal year, 

then the Secretary shall ratably reduce the payment to 

each local educational agency under this paragraph. 

(3) REMAINING FUNDS.—* * * 

* * * * * * * 

(i) SPECIAL PAYMENTS.— 

ø(1) IN GENERAL.—For any fiscal year beginning with fiscal 

year 2000 for which the amount appropriated to carry out this 

section exceeds the amount so appropriated for fiscal year 1996 

and for which subsection (b)(1)(B) applies, the Secretary shall 

use the remainder described in subsection (h)(3) for the fiscal 

year involved (not to exceed the amount equal to the difference 

between (A) the amount appropriated to carry out this section 

for fiscal year 1997 and (B) the amount appropriated to carry 

out this section for fiscal year 1996) to increase the payment 

that would otherwise be made under this section to not more 

than 50 percent of the maximum amount determined under 

subsection (b) for any local educational agency described in 

paragraph (2).¿ 

(1) IN GENERAL.—The calculation of the foundation payment under subsection (h)(1)(B) for a local educational agency 

described in paragraph (2) of this subsection shall be equal to 

90 percent of the payment received in fiscal year 2005, for fiscal 

year 2009 and each succeeding fiscal year. 

(2) LOCAL EDUCATIONAL AGENCY DESCRIBED.—* * * 

* * * * * * * 

ø(j) Repealed by section 801(d) of P.L. 107–110 (115 Stat. 

1948)¿ 

ø(k) SPECIAL RULE.—For purposes of payments under this section for each fiscal year beginning with fiscal year 1998— 

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924 

ø(1) the Secretary shall, for the Stanley County, South Dakota local educational agency, calculate payments as if subsection (e) had been in effect for fiscal year 1994; and 

ø(2) the Secretary shall treat the Delaware Valley, Pennsylvania local educational agency as if it had filed a timely application under section 2 of Public Law 81–874 for fiscal year 

1994.¿ 

ø(l)¿(j) PRIOR YEAR DATA.—Notwithstanding any other provision of this section, in determining the eligibility of a local educational agency for a payment under subsection (b) or 

ø(h)(4)(B)¿(h)(3) of this section for a fiscal year, and in calculating 

the amount of such payment, the Secretary— 

(1) * * * 

* * * * * * * 

ø(m) ELIGIBILITY.— 

ø(1) OLD FEDERAL PROPERTY.—Except as provided in paragraph (2), a local educational agency that is eligible to receive 

a payment under this section for Federal property acquired by 

the Federal Government, before the date of the enactment of 

the Impact Aid Reauthorization Act of 2000, shall be eligible 

to receive the payment only if the local educational agency submits an application for a payment under this section not later 

than 7 years after the date of the enactment of such Act. 

ø(2) COMBINED FEDERAL PROPERTY.—A local educational 

agency that is eligible to receive a payment under this section 

for Federal property acquired by the Federal Government before the date of the enactment of the Impact Aid Reauthorization Act of 2000 shall be eligible to receive the payment if— 

ø(A) the Federal property, when combined with other 

Federal property in the school district served by the local 

educational agency acquired by the Federal Government 

after the date of the enactment of such Act, meets the requirements of subsection (a); and 

ø(B) the local educational agency submits an application for a payment under this section not later than 7 

years after the date of acquisition of the Federal property 

acquired after the date of the enactment of such Act. 

ø(3) NEW FEDERAL PROPERTY.—A local educational agency 

that is eligible to receive a payment under this section for Federal property acquired by the Federal Government after the 

date of the enactment of the Impact Aid Reauthorization Act 

of 2000 shall be eligible to receive the payment only if the local 

educational agency submits an application for a payment 

under this section not later than 7 years after the date of acquisition.¿ 

ø(n)¿(k) LOSS OF ELIGIBILITY.— 

(1) IN GENERAL.—* * * 

* * * * * * * 

(l) RECORDS.—The Secretary may base a determination of eligibility under subsection (a)(1) on original records (including facsimiles or other reproductions of those records) documenting the assessed value of real property, prepared by a legally authorized official as of the time of the Federal acquisition, or other records that 

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925 

the Secretary determines to be appropriate and reliable, including 

Federal agency records or local historical records. 

* * * * * * * 

SEC. 8003. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN. 

(a) COMPUTATION OF PAYMENT.— 

(1) IN GENERAL.—For the purpose of computing the 

amount that a local educational agency is eligible to receive 

under subsection (b) or (d) for any fiscal year, the Secretary 

shall determine the number of children who were in average 

daily attendance in the schools of such agency (including those 

children enrolled in a State that has a State open enrollment 

policy but not including children enrolled in a distance learning program who are not residing within the geographic boundaries of the agency), and for whom such agency provided free 

public education, during the preceding school year and who, 

while in attendance at such schools— 

(A)(i) * * * 

* * * * * * * 

(5) MILITARY ‘‘BUILD TO LEASE’’ PROGRAM HOUSING.— 

(A) IN GENERAL.—For purposes of computing the 

amount of payment for a local educational agency for children identified under paragraph (1), the Secretary shall 

consider children residing in housing initially acquired or 

constructed under the former section 2828(g) of title 10, 

United States Code (commonly known as the ‘‘Build to 

Lease’’ program), as added by section 801 of the Military 

Construction Authorization Act, ø1984, to be children described under paragraph (1)(B) if the property described is 

within the fenced security perimeter of the military facility 

upon which such housing is situated.¿or under lease of offbase property under subchapter IV of chapter 169 of title 

10, United States Code (10 U.S.C. 2871 et seq.), to be children described in paragraph (1)(B) if the property described 

is within the fenced security perimeter of the military facility or is attached to, and under any type of force protection 

agreement with, the military installation where such housing is situated. 

(b) BASIC SUPPORT PAYMENTS AND PAYMENTS WITH RESPECT

TO FISCAL YEARS IN WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.— 

(1) BASIC SUPPORT PAYMENTS.— 

(A) IN GENERAL.—From the amount appropriated 

under section ø8014(b)¿3(bb)(2) for a fiscal year, the Secretary is authorized to make basic support payments to eligible local educational agencies with children described in 

subsection (a). 

(B) ELIGIBILITY.—* * * 

* * * * * * * 

(2) BASIC SUPPORT PAYMENTS FOR HEAVILY IMPACTED

LOCAL EDUCATIONAL AGENCIES.—* * * 

(A) IN GENERAL.—(i) From the amount appropriated 

under section ø8014(b)¿3(bb)(2) for a fiscal year, the Secmstockstill on DSK4VPTVN1PROD with HEARINGS

926 

retary is authorized to make basic support payments to eligible heavily impacted local educational agencies with children described in subsection (a). 

(ii) * * * 

(B) ELIGIBILITY FOR øCONTINUING¿ HEAVILY IMPACTED

LOCAL EDUCATIONAL AGENCIES.— 

ø(i) IN GENERAL.—A heavily impacted local educational agency is eligible to receive a basic support 

payment under subparagraph (A) with respect to a 

number of children determined under subsection (a)(1) 

if the agency— 

ø(I) received an additional assistance payment 

under subsection (f ) (as such subsection was in effect on the day before the date of the enactment 

of the Impact Aid Reauthorization Act of 2000) for 

fiscal year 2000; and 

ø(II)(aa) is a local educational agency whose 

boundaries are the same as a Federal military installation; 

ø(bb) has an enrollment of children described 

in subsection (a)(1) that constitutes a percentage 

of the total student enrollment of the agency 

which is not less than 35 percent, has a per-pupil 

expenditure that is less than the average perpupil expenditure of the State in which the agency 

is located or the average per-pupil expenditure of 

all States (whichever average per-pupil expenditure is greater), except that a local educational 

agency with a total student enrollment of less 

than 350 students shall be deemed to have satisfied such per-pupil expenditure requirement, and 

has a tax rate for general fund purposes which is 

not less than 95 percent of the average tax rate 

for general fund purposes of local educational 

agencies in the State; 

ø(cc) has an enrollment of children described 

in subsection (a)(1) that constitutes a percentage 

of the total student enrollment of the agency 

which is not less than 30 percent, and has a tax 

rate for general fund purposes which is not less 

than 125 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State; 

ø(dd) has a total student enrollment of not 

less than 25,000 students, of which not less than 

50 percent are children described in subsection 

(a)(1) and not less than 6,000 of such children are 

children described in subparagraphs (A) and (B) of 

subsection (a)(1); or 

ø(ee) meets the requirements of subsection 

(f )(2) applying the data requirements of subsection (f )(4) (as such subsections were in effect on 

the day before the date of the enactment of the 

Impact Aid Reauthorization Act of 2000). 

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927 

ø(ii) LOSS OF ELIGIBILITY.—A heavily impacted 

local educational agency that met the requirements of 

clause (i) for a fiscal year shall be ineligible to receive 

a basic support payment under subparagraph (A) if 

the agency fails to meet the requirements of clause (i) 

for a subsequent fiscal year, except that such agency 

shall continue to receive a basic support payment 

under this paragraph for the fiscal year for which the 

ineligibility determination is made.¿ 

(i) IN GENERAL.—A heavily impacted local educational agency is eligible to receive a basic support 

payment under subparagraph (A) with respect to a 

number of children determined under subsection (a)(1) 

if the agency— 

(I) is a local educational agency whose boundaries are the same as a Federal military installation, or whose boundaries are the same as island 

property designated by the Secretary of the Interior 

to be property that is held in trust by the Federal 

Government, and that has no taxing authority; 

(II) is a local educational agency that— 

(aa) has an enrollment of children described in subsection (a)(1) that constitutes a 

percentage of the total student enrollment of 

the agency that is not less than 45 percent; 

(bb) has a per-pupil expenditure that is 

less than— 

(AA) for an agency that has a total 

student enrollment of 500 or more students, 125 percent of the average per-pupil 

expenditure of the State in which the 

agency is located; or 

(BB) for an agency that has a total 

student enrollment of less than 500 students, 150 percent of the average per-pupil 

expenditure of the State in which the 

agency is located, or the average per-pupil 

expenditure of 3 or more comparable local 

educational agencies in the State in which 

the agency is located; and 

(cc) is an agency that— 

(AA) has a tax rate for general fund 

purposes that is not less than 95 percent 

of the average tax rate for general fund 

purposes of comparable local educational 

agencies in the State; or 

(BB) was eligible to receive a payment 

under this subsection for fiscal year 2012 

and is located in a State that by State law 

has eliminated ad valorem tax as a revenue source for local educational agencies; 

(III) is a local educational agency that has an 

enrollment of children described in subsection 

(a)(1) that constitutes a percentage of the total student enrollment of the agency which is not less 

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928 

than 30 percent, and has a tax rate for general 

fund purposes which is not less than 125 percent 

of the average tax rate for general fund purposes 

for comparable local educational agencies in the 

State; or 

(IV) is a local educational agency that has a 

total student enrollment of not less than 25,000 

students, of which not less than 50 percent are 

children described in subsection (a)(1) and not less 

than 5,500 of such children are children described 

in subparagraphs (A) and (B) of subsection (a)(1). 

(ii) LOSS OF ELIGIBILITY.— 

(I) IN GENERAL.—A heavily impacted local 

educational agency that met the requirements of 

clause (i) for a fiscal year shall be ineligible to receive a basic support payment under subparagraph 

(A) if the agency fails to meet the requirements of 

such clause for the subsequent fiscal year, except 

that such agency shall continue to receive a basic 

support payment under this paragraph for the fiscal year for which the ineligibility determination is 

made. 

(II) EXCEPTION.—Notwithstanding subclause 

(I) and clause (i), a local educational agency that 

obtains eligibility for a basic support payment 

under subparagraph (A) by meeting the requirements of clause (i)(II) for a fiscal year and, for the 

subsequent fiscal year, meets all of the requirements of such clause except for the requirement of 

item (cc) of such clause, shall be eligible to receive 

a basic support payment under subparagraph (A). 

If, for the next subsequent fiscal year, such local 

educational agency again fails to meet the requirement of such item (cc), the local educational agency shall be ineligible to receive a basic support payment under subparagraph (A), except that such 

agency shall continue to receive a basic support 

payment under this paragraph for the fiscal year 

for which the ineligibility determination is made. 

(iii) RESUMPTION OF ELIGIBILITY.—* * * 

(iv) SPECIAL RULE.—Notwithstanding clause 

(i)(II)(aa), a local educational agency shall be considered eligible to receive a basic support payment under 

subparagraph (A) with respect to the number of children determined under subsection (a)(1) for a fiscal 

year if the agency— 

(I) has an enrollment of children described in 

subsection (a)(1), including, for purposes of determining eligibility, those children described in subparagraphs (F) and (G) of such subsection, that 

constitutes a percentage of the total student enrollment of the agency that is not less than 35 percent; 

(II) was eligible to receive assistance under 

this paragraph for fiscal year 2001; and 

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929 

(III) meets the requirements of items (bb) and 

(cc) of clause (i)(II) for the fiscal year for which the 

determination is being made. 

(v) APPLICATION.—With respect to the first fiscal 

year for which a heavily impacted local educational 

agency described in clause (i) applies for a basic support payment under subparagraph (A), or with respect 

to the first fiscal year for which a heavily impacted 

local educational agency applies for a basic support 

payment under subparagraph (A) after becoming ineligible under clause (i) for 1 or more preceding fiscal 

years, the agency shall apply for such payment at least 

1 year prior to the start of that first fiscal year. 

ø(C) ELIGIBILITY FOR NEW HEAVILY IMPACTED LOCAL

EDUCATIONAL AGENCIES.— 

ø(i) IN GENERAL.—A heavily impacted local educational agency that did not receive an additional assistance payment under subsection (f ) (as such subsection was in effect on the day before the date of the 

enactment of the Impact Aid Reauthorization Act of 

2000) for fiscal year 2000 is eligible to receive a basic 

support payment under subparagraph (A) for fiscal 

year 2002 and any subsequent fiscal year with respect 

to a number of children determined under subsection 

(a)(1) only if the agency is a local educational agency 

whose boundaries are the same as a Federal military 

installation (or if the agency is a qualified local educational agency as described in clause (iv)), or the 

agency— 

ø(I) has an enrollment of children described in 

subsection (a)(1) that constitutes a percentage of 

the total student enrollment of the agency that— 

ø(aa) is not less than 50 percent if such 

agency receives a payment on behalf of children described in subparagraphs (F) and (G) 

of such subsection; or 

ø(bb) is not less than 40 percent if such 

agency does not receive a payment on behalf 

of such children; 

ø(II)(aa) for a local educational agency that 

has a total student enrollment of 350 or more students, has a per-pupil expenditure that is less 

than the average per-pupil expenditure of the 

State in which the agency is located; or 

ø(bb) for a local educational agency that has 

a total student enrollment of less than 350 students, has a per-pupil expenditure that is less 

than the average per-pupil expenditure of a comparable local education agency or three comparable local educational agencies in the State in 

which the local educational agency is located; and 

ø(III) has a tax rate for general fund purposes 

that is at least 95 percent of the average tax rate 

for general fund purposes of comparable local educational agencies in the State. 

mstockstill on DSK4VPTVN1PROD with HEARINGS

930 

ø(ii) RESUMPTION OF ELIGIBILITY.—A heavily impacted local educational agency described in clause (i) 

that becomes ineligible under such clause for 1 or 

more fiscal years may resume eligibility for a basic 

support payment under this paragraph for a subsequent fiscal year only if the agency is a local educational agency whose boundaries are the same as a 

Federal military installation (or if the agency is a 

qualified local educational agency as described in 

clause (iv)), or meets the requirements of clause (i), for 

that subsequent fiscal year, except that such agency 

shall continue to receive a basic support payment 

under this paragraph for the fiscal year for which the 

ineligibility determination is made. 

ø(iii) APPLICATION.—With respect to the first fiscal 

year for which a heavily impacted local educational 

agency described in clause (i) applies for a basic support payment under subparagraph (A), or with respect 

to the first fiscal year for which a heavily impacted 

local educational agency applies for a basic support 

payment under subparagraph (A) after becoming ineligible under clause (i) for 1 or more preceding fiscal 

years, the agency shall apply for such payment at 

least 1 year prior to the start of that first fiscal year. 

ø(iv) QUALIFIED LOCAL EDUCATIONAL AGENCY.—A 

qualified local educational agency described in this 

clause is an agency that meets the following requirements: 

ø(I) The boundaries of the agency are the 

same as island property designated by the Secretary of the Interior to be property that is held 

in trust by the Federal Government. 

ø(II) The agency has no taxing authority. 

ø(III) The agency received a payment under 

paragraph (1) for fiscal year 2001. 

ø(D) MAXIMUM AMOUNT FOR REGULAR HEAVILY IM- PACTED LOCAL EDUCATIONAL AGENCIES.—(i) Except as provided in subparagraph (E), the maximum amount that a 

heavily impacted local educational agency is eligible to receive under this paragraph for any fiscal year is the sum 

of the total weighted student units, as computed under 

subsection (a)(2) and subject to clause (ii), multiplied by 

the greater of— 

ø(I) four-fifths of the average per-pupil expenditure of the State in which the local educational agency 

is located for the third fiscal year preceding the fiscal 

year for which the determination is made; or 

ø(II) four-fifths of the average per-pupil expenditure of all of the States for the third fiscal year preceding the fiscal year for which the determination is 

made. 

ø(ii)(I) For a local educational agency with respect to 

which 35 percent or more of the total student enrollment 

of the schools of the agency are children described in subparagraph (D) or (E) (or a combination thereof ) of submstockstill on DSK4VPTVN1PROD with HEARINGS

931 

section (a)(1), the Secretary shall calculate the weighted 

student units of such children for purposes of subsection 

(a)(2) by multiplying the number of such children by a factor of 0.55. 

ø(II) For a local educational agency that has an enrollment of 100 or fewer children described in subsection 

(a)(1), the Secretary shall calculate the total number of 

weighted student units for purposes of subsection (a)(2) by 

multiplying the number of such children by a factor of 

1.75. 

ø(III) For a local educational agency that does not 

qualify under (B)(i)(II)(aa) of this subsection and has an 

enrollment of more than 100 but not more than 1,000 children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of 

such children by a factor of 1.25.¿ 

(C) MAXIMUM AMOUNT FOR HEAVILY IMPACTED LOCAL

EDUCATIONAL AGENCIES.— 

(i) IN GENERAL.—Except as provided for in subparagraph (D), the maximum amount that a heavily 

impacted local educational agency is eligible to receive 

under this paragraph for any fiscal year is the sum of 

the total weighted student units, as computed under 

subsection (a)(2) and subject to clause (ii), multiplied 

by the greater of— 

(I) four-fifths of the average per-pupil expenditure of the State in which the local educational 

agency is located for the third fiscal year preceding 

the fiscal year for which the determination is 

made; or 

(II) four-fifths of the average per-pupil expenditure of all of the States for the third fiscal year 

preceding the fiscal year for which the determination is made. 

(ii) SPECIAL RULES.— (I) CALCULATIONS FOR LOCAL EDUCATIONAL

AGENCIES WITH LARGE NUMBERS OF CERTAIN ELIGI- BLE CHILDREN.— (aa) IN GENERAL.—In the case of a local 

educational agency with respect to which 35 

percent or more of the total student enrollment 

of the schools of the agency are children described in subparagraph (D) or (E) of subsection (a)(1), and that has an enrollment of 

children described in subparagraph (A), (B), 

or (C) of such subsection equal to at least 10 

percent of the agency’s total enrollment, the 

Secretary shall calculate the weighted student 

units of the children described in subparagraph (D) or (E) of such subsection by multiplying the number of such children by a factor 

of 0.55. 

(bb) EXCEPTION.—Notwithstanding item 

(aa), any local educational agency that remstockstill on DSK4VPTVN1PROD with HEARINGS

932 

ceived a payment under this clause for fiscal 

year 2006, shall not be required to have an enrollment of children described in subparagraph (A), (B), or (C) of subsection (a)(1) equal 

to at least 10 percent of the agency’s total enrollment for purposes of item (aa). 

(II) CALCULATIONS FOR LOCAL EDUCATIONAL

AGENCIES WITH SMALL NUMBERS OF ELIGIBLE CHILDREN.—For a local educational agency that has an 

enrollment of 100 or fewer children described in 

subsection (a)(1), the Secretary shall calculate the 

total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.75. 

(III) CALCULATIONS FOR CERTAIN OTHER LOCAL

EDUCATIONAL AGENCIES.—For a local educational 

agency that does not qualify under paragraph 

(2)(B)(i)(I) and has an enrollment of more than 

100 but not more than 1,000 children described in 

subsection (a)(1), the Secretary shall calculate the 

total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.25. 

(D) MAXIMUM AMOUNT FOR LARGE HEAVILY IMPACTED

LOCAL EDUCATIONAL AGENCIES.— 

(i) APPLICABLE FORMULA.— 

(I) IN GENERAL.—Subject to clause (ii), the 

maximum amount that a heavily impacted local 

educational agency described in subclause (II) is 

eligible to receive under this paragraph for any fiscal year shall be determined in accordance with 

the formula described in paragraph (1)(C). 

(II) LARGE HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES.—A heavily impacted local 

educational agency described in this subclause is a 

local educational agency that has a total student 

enrollment of not less than 25,000 students, of 

which not less than 50 percent are children described in subsection (a)(1) and not less than 5,500 

of such children are children described in subparagraphs (A) and (B) of subsection (a)(1). 

(ii) FACTOR.—For purposes of calculating the maximum amount described in clause (i), the factor used in 

determining the weighted student units under subsection (a)(2) with respect to children described in subparagraphs (A) and (B) of subsection (a)(1) shall be 

1.35. 

ø(E) MAXIMUM AMOUNT FOR LARGE HEAVILY IMPACTED

LOCAL EDUCATIONAL AGENCIES.—(i)(I) Subject to clause (ii), 

the maximum amount that a heavily impacted local educational agency described in subclause (II) is eligible to receive under this paragraph for any fiscal year shall be determined in accordance with the formula described in 

paragraph (1)(C). 

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933 

ø(II) A heavily impacted local educational agency described in this subclause is a local educational agency that 

has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 6,000 of such 

children are children described in subparagraphs (A) and 

(B) of subsection (a)(1). 

ø(ii) For purposes of calculating the maximum amount 

described in clause (i), the factor used in determining the 

weighted student units under subsection (a)(2) with respect to children described in subparagraphs (A) and (B) of 

subsection (a)(1) shall be 1.35.¿ 

ø(F)¿(E) DATA.—For purposes of providing assistance 

under this paragraph øthe Secretary— 

(i) shall use¿the Secretary shall use student, revenue, expenditure, and tax data from the third fiscal 

year preceding the fiscal year for which the local educational agency is applying for assistance under this 

paragraphø; and¿. 

ø(ii) except as provided in subparagraph (C)(i)(I), 

shall include all of the children described in subparagraphs (F) and (G) of subsection (a)(1) enrolled in 

schools of the local educational agency in determining 

(I) the eligibility of the agency for assistance under 

this paragraph, and (II) the amount of such assistance 

if the number of such children meet the requirements 

of subsection (a)(3).¿ 

ø(G)¿(F) DETERMINATION OF AVERAGE TAX RATES FOR

GENERAL FUND PURPOSES.—For the purpose of determining 

average tax rates for general fund purposes for local educational agencies in a State under this paragraph (except 

under subparagraph ø(C)(i)(II)(bb)¿(B)(i)(II)(bb)), the Secretary shall use either— 

(i) * * * 

* * * * * * * 

ø(H)¿(G) ELIGIBILITY FOR HEAVILY IMPACTED LOCAL

EDUCATIONAL AGENCIES AFFECTED BY PRIVATIZATION OF

MILITARY HOUSING.— 

(i) ELIGIBILITY.—For any fiscal year, a heavily impacted local educational agency that received a basic 

support payment under this paragraph for the prior 

fiscal year, but is ineligible for such payment for the 

current fiscal year under subparagraph ø(B), (C), (D), 

or (E),¿(B), (C), or (D), as the case may be, øby reason 

of¿due to the conversion of military housing units to 

private housing described in clause (iii), or as the direct result of base realignment and closure or 

modularization as determined by the Secretary of Defense, force structure change, or force relocation, shall 

be deemed to meet the eligibility requirements under 

subparagraph (B) or (C), as the case may be, for the 

period during which the housing units are undergoing 

such conversion or during such time as activities associated with base realignment and closure, 

mstockstill on DSK4VPTVN1PROD with HEARINGS

934 

modularization, force structure change, or force relocation are ongoing. 

(ii) AMOUNT OF PAYMENT.—The amount of a payment to a heavily impacted local educational agency 

for a fiscal year by reason of the application of clause 

(i), and calculated in accordance with subparagraph 

ø(D) or (E)¿(C) or (D), as the case may be, shall be 

based on the number of children in average daily attendance in the schools of such agency for the fiscal 

year and under the same provisions of subparagraph 

ø(D) or (E)¿(C) or (D) under which the agency was 

paid during the prior fiscal year. 

(iii) CONVERSION OF MILITARY HOUSING UNITS TO

PRIVATE HOUSING DESCRIBED.—For purposes of clause 

(i), ‘‘conversion of military housing units to private 

housing’’ means the conversion of military housing 

units to private housing units pursuant to subchapter 

IV of chapter 169 of title 10, United States Code, or 

pursuant to any other related provision of law. 

(H) SPECIAL RULE.—The Secretary shall— 

(i) deem each local educational agency that received a fiscal year 2009 basic support payment for 

heavily impacted local educational agencies under this 

paragraph as eligible to receive a basic support payment for heavily impacted local educational agencies 

under this paragraph for each of fiscal years 2011, 

2012, 2013, and 2014; and 

(ii) make a payment to such local educational 

agency under such section for each of fiscal years 2011, 

2012, 2013, and 2014. 

(I) CONTINUED ELIGIBILITY FOR A HEAVILY IMPACTED

LOCAL EDUCATIONAL AGENCY ENTERING INTO AN INTERGOV- ERNMENTAL COOPERATIVE AGREEMENT WITH A STATE EDU- CATIONAL AGENCY.—For any fiscal year, a heavily impacted 

local educational agency that received a basic support payment under this paragraph for the fiscal year prior to the 

fiscal year for which such local educational agency entered 

into an intergovernmental cooperative agreement with a 

State educational agency shall remain eligible to receive a 

basic support payment under this paragraph for the duration of the intergovernmental cooperative agreement, but in 

no case for more than 5 years. 

(3) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.— 

(A) IN GENERAL.—For any fiscal year in which the 

sums appropriated under section ø8014(b)¿3(bb)(2) are insufficient to pay to each local educational agency the full 

amount computed under paragraphs (1) and (2), the Secretary shall make payments in accordance with this paragraph. 

(B) LEARNING OPPORTUNITY THRESHOLD PAYMENTS IN

LIEU OF PAYMENTS UNDER PARAGRAPH (1).—(i) * * * 

* * * * * * * 

(iii) * * * 

mstockstill on DSK4VPTVN1PROD with HEARINGS

935 

(iv) In the case of a local educational agency that 

is providing a program of distance learning to children 

not residing within the geographic boundaries of the 

agency, the Secretary shall disregard such children 

from such agency’s total enrollment when calculating 

the percentage under clause (i)(I) and shall disregard 

any funds received for such children when calculating 

the total current expenditures attributed to the operation of such agency when calculating the percentage 

under clause (i)(II). 

ø(iv)¿(v) In the case of a local educational agency that 

has a total student enrollment of fewer than 1,000 students and that has a per-pupil expenditure that is less 

than the average per-pupil expenditure of the State in 

which the agency is located or less than the average perpupil expenditure of all the States, the total percentage 

used to calculate threshold payments under clause (i) shall 

not be less than 40 percent. 

(C) LEARNING OPPORTUNITY THRESHOLD PAYMENTS IN

LIEU OF PAYMENTS UNDER PARAGRAPH (2).—For fiscal years 

described in subparagraph (A), the learning opportunity 

threshold payment in lieu of basic support payments under 

paragraph (2) shall be equal to the amount obtained under 

øsubparagraph (D) or (E) of paragraph (2), as the case may 

be¿paragraph (2)(D). 

ø(D) RATABLE DISTRIBUTION.—For fiscal years described in subparagraph (A), the Secretary shall make payments as a ratable distribution based upon the computations made under subparagraphs (B) and (C).¿ 

(D) RATABLE DISTRIBUTION.— 

(i) IN GENERAL.—For each fiscal year described in 

subparagraph (A) for which the sums appropriated 

under section 3(bb)(2) exceed the amount required to 

pay each local educational agency 100 percent of the 

local educational agency’s threshold payment under 

subparagraph (B) or (C), the Secretary shall distribute 

such excess sums to each eligible local educational 

agency that has not received the agency’s maximum 

payment amount computed under paragraph (1) or (2) 

(as the case may be) by multiplying— 

(I) a percentage, the denominator of which is 

the difference between the maximum payment 

amount computed under paragraph (1) or (2) (as 

the case may be) for all local educational agencies 

and the amount of the threshold payment (as calculated under subparagraphs (B) and (C)) of all 

local educational agencies, and the numerator of 

which is the aggregate amount of funds appropriated under section 3(bb)(2) that exceeds the 

amount of such threshold payments for all local 

educational agencies; by 

(II) the difference between the maximum payment amount computed under paragraph (1) or (2) 

(as the case may be) for the agency and the amount 

mstockstill on DSK4VPTVN1PROD with HEARINGS

936 

of the threshold payment as calculated under subparagraphs (B) and (C) for the agency. 

(ii) INSUFFICIENT PAYMENTS.—For each fiscal year 

described in subparagraph (A) for which the sums appropriated under section 3(bb)(2) are insufficient to pay 

each local educational agency all of the local educational agency’s threshold payment described in 

clause (i), the Secretary shall ratably reduce the payment to each local educational agency under this paragraph. 

(iii) INCREASES.—If the sums appropriated under 

section 3(bb)(2) are sufficient to increase the threshold 

payment above the 100 percent threshold payment described in clause (i), then the Secretary shall increase 

payments on the same basis as such payments were reduced, except no local educational agency may receive 

a payment amount greater than 100 percent of the 

maximum payment calculated under this subsection. 

(4) STATES WITH ONLY ONE LOCAL EDUCATIONAL AGENCY.— (A) IN GENERAL.—* * * 

* * * * * * * 

(c) PRIOR YEAR DATA.— (1) IN GENERAL.—* * * 

ø(2) EXCEPTION.—Calculations for a local educational 

agency that is newly established by a State shall, for the first 

year of operation of such agency, be based on data from the fiscal year for which the agency is making application for payment.¿ 

(2) EXCEPTION.—Calculation of payments for a local educational agency shall be based on data from the fiscal year for 

which the agency is making an application for payment if such 

agency— 

(A) is newly established by a State, for the first year of 

operation of such agency only; 

(B) was eligible to receive a payment under this section 

for the previous fiscal year and has had an overall increase 

in enrollment (as determined by the Secretary in consultation with the Secretary of Defense, the Secretary of the Interior, or the heads of other Federal agencies)— 

(i) of not less than 10 percent, or 100 students, of 

children described in— 

(I) subparagraph (A), (B), (C), or (D) of subsection (a)(1); or 

(II) subparagraph (F) or (G) of subsection 

(a)(1), but only to the extent such children are civilian dependents of employees of the Department 

of Defense or the Department of the Interior; and 

(ii) that is the direct result of closure or realignment of military installations under the base closure 

process or the relocation of members of the Armed 

Forces and civilian employees of the Department of Defense as part of force structure changes or movements 

of units or personnel between military installations or 

because of actions initiated by the Secretary of the Interior or the head of another Federal agency; or 

mstockstill on DSK4VPTVN1PROD with HEARINGS

937 

(C) was eligible to receive a payment under this section 

for the previous fiscal year and has had an overall increase 

in enrollment (as determined by the Secretary)— 

(i) of not less than 10 percent of children described 

in subsection (a)(1), or not less than 100 of such children; and 

(ii) that is the direct result of the closure of a local 

educational agency that received a payment under 

paragraph (1) or (2) of subsection (b) in the previous 

fiscal year. 

(d) CHILDREN WITH DISABILITIES.— (1) IN GENERAL.—From the amount appropriated under 

section ø8014(c)¿3(bb)(3) for a fiscal year, the Secretary shall 

pay to each eligible local educational agency, on a pro rata 

basis, the amounts determined by— 

(A) * * * 

* * * * * * * 

(e) HOLD HARMLESS.— ø(1) IN GENERAL.—Subject to paragraphs (2) and (3), the 

total amount the Secretary shall pay a local educational agency 

under subsection (b)— 

ø(A) for fiscal year 2001 shall not be less than 85 percent of the total amount that the local educational agency 

received under subsections (b) and (f ) for fiscal year 2000; 

and 

ø(B) for fiscal year 2002 shall not be less than 70 percent of the total amount that the local educational agency 

received under subsections (b) and (f ) for fiscal year 2000. 

ø(2) MAXIMUM AMOUNT.—The total amount provided to a 

local educational agency under subparagraph (A) or (B) of 

paragraph (1) for a fiscal year shall not exceed the maximum 

basic support payment amount for such agency determined 

under paragraph (1) or (2) of subsection (b), as the case may 

be.¿ 

(1) IN GENERAL.—Subject to paragraph (2), the total 

amount the Secretary shall pay a local educational agency 

under subsection (b)— 

(A) for fiscal year 2014, shall not be less than 90 percent of the total amount that the local educational agency 

received under paragraphs (1) and (2) of subsection (b) for 

fiscal year 2013; 

(B) for fiscal year 2015, shall not be less than 85 percent of the total amount that the local educational agency 

received under paragraphs (1) and (2) of subsection (b) for 

fiscal year 2013; and 

(C) for fiscal year 2016, shall not be less than 80 percent of the total amount that the local educational agency 

received under paragraphs (1) and (2) of subsection (b) for 

fiscal year 2013. 

ø(3)¿(2) RATABLE REDUCTIONS.— 

(A) IN GENERAL.—* * * 

* * * * * * * 

ø(g) MAINTENANCE OF EFFORT.—A local educational agency 

may receive funds under sections 8002 and 8003(b) for any fiscal 

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938 

year only if the State educational agency finds that either the combined fiscal effort per student or the aggregate expenditures of that 

agency and the State with respect to the provision of free public 

education by that agency for the preceding fiscal year was not less 

than 90 percent of such combined fiscal effort or aggregate expenditures for the second preceding fiscal year.¿ 

SEC. 8007. CONSTRUCTION. 

(a) CONSTRUCTION PAYMENTS AUTHORIZED.— (1) IN GENERAL.—From 40 percent of the amount appropriated for each fiscal year under section ø8014(e)¿3(bb)(4), the 

Secretary shall make payments in accordance with this subsection to each local educational agency that receives a basic 

support payment under section 8003(b) for that fiscal year. 

(2) ADDITIONAL REQUIREMENTS.—* * * 

(A) * * * 

* * * * * * * 

(C) The agency is eligible under section 8003(b)(2) or is 

receiving a basic support payment under circumstances described in section 8003(b)(2)(B)(ii). 

(3) AMOUNT OF PAYMENTS.— (A) LOCAL EDUCATIONAL AGENCIES IMPACTED BY MILI- TARY DEPENDENT CHILDREN.—* * * 

(i)(II) 20 percent of the amount appropriated 

under section ø8014(e)¿3(bb)(4) for such fiscal year; divided by 

(II) * * * 

* * * * * * * 

(B) LOCAL EDUCATIONAL AGENCIES IMPACTED BY CHIL- DREN WHO RESIDE ON INDIAN LANDS.—* * * 

(i)(I) 20 percent of the amount appropriated under 

section ø8014(e)¿3(bb)(4) for such fiscal year; divided 

by 

(II) * * * 

* * * * * * * 

(b) SCHOOL FACILITY EMERGENCY AND MODERNIZATION GRANTS

AUTHORIZED.— (1) IN GENERAL.—From 60 percent of the amount appropriated for each fiscal year under section ø8014(e)¿3(bb)(4), the 

Secretary— 

(A) * * * 

* * * * * * * 

SEC. 8008. FACILITIES. 

(a) CURRENT FACILITIES.—From the amount appropriated for 

any fiscal year under section ø8014(f)¿3(bb)(5), the Secretary may 

continue to provide assistance for school facilities that were supported by the Secretary under section 10 of the Act of September 

23, 1950 (Public Law 815, 81st Congress) (as such Act was in effect 

on the day preceding the date of the enactment of the Improving 

America’s Schools Act of 1994). 

(b) TRANSFER OF FACILITIES.— 

(1) IN GENERAL.—* * * 

* * * * * * * 

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939 

SEC. 8010. FEDERAL ADMINISTRATION. 

(a) PAYMENTS IN WHOLE DOLLAR AMOUNTS.—* * * 

* * * * * * * 

(c) SPECIAL RULES.— (1) CERTAIN CHILDREN ELIGIBLE UNDER SUBPARAGRAPHS (A) 

AND (G)(ii) OF SECTION 8003(a)(1).—* * * 

* * * * * * * 

(2) REQUIREMENTS.—A child meets the requirements of 

this paragraph if— 

(A) such child resides— 

(i) * * * 

* * * * * * * 

(E) such agency received a payment for fiscal year 

1999 øunder section 8003(b) on behalf of children described in paragraph (1).¿under this title. 

(d) TIMELY PAYMENTS.— (1) IN GENERAL.—* * * 

(2) PAYMENTS WITH RESPECT OF FISCAL YEARS IN WHICH IN- SUFFICIENT FUNDS ARE APPROPRIATED.—For a fiscal year in 

which the amount appropriated under øsection 8014¿section 

3(bb) is insufficient to pay the full amount a local educational 

agency is eligible to receive under this title, paragraph (1) shall 

be applied by substituting ‘‘is available to pay the agency’’ for 

‘‘the agency is eligible to receive’’ each place the term appears. 

* * * * * * * 

SEC. 8013. DEFINITIONS. 

For purposes of this title: 

(1) ARMED FORCES.—The term ‘‘Armed Forces’’ means the 

Army, Navy, Air Force, øand Marine Corps¿Marine Corps, and 

Coast Guard. (2) AVERAGE PER-PUPIL EXPENDITURE.—* * * 

* * * * * * * 

(5) FEDERAL PROPERTY.— (A) IN GENERAL.—* * * 

(i) * * * 

* * * * * * * 

(iii)(I) * * * 

(II) used to provide housing for homeless children 

at closed military installations pursuant to section 501 

of the øStewart B. McKinney Homeless Assistance 

Act¿McKinney-Vento Homeless Assistance Act; or 

(III)* * * 

* * * * * * * 

øSEC. 8014. ø20 U.S.C. 7714¿ AUTHORIZATION OF APPROPRIATIONS. 

ø(a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL PROPERTY.—For the purpose of making payments under section 8002, 

there are authorized to be appropriated $32,000,000 for fiscal year 

2000 and such sums as may be necessary for each of the seven succeeding fiscal years. 

ø(b) BASIC PAYMENTS; PAYMENTS FOR HEAVILY IMPACTED

LOCAL EDUCATIONAL AGENCIES.—For the purpose of making paymstockstill on DSK4VPTVN1PROD with HEARINGS

940 

ments under section 8003(b), there are authorized to be appropriated $809,400,000 for fiscal year 2000 and such sums as may be 

necessary for each of the seven succeeding fiscal years. 

ø(c) PAYMENTS FOR CHILDREN WITH DISABILITIES.—For the 

purpose of making payments under section 8003(d), there are authorized to be appropriated $50,000,000 for fiscal year 2000 and 

such sums as may be necessary for each of the seven succeeding 

fiscal years. 

ø(e) CONSTRUCTION.—For the purpose of carrying out section 

8007, there are authorized to be appropriated $10,052,000 for fiscal 

year 2000 and such sums as may be necessary for fiscal year 2001, 

$150,000,000 for fiscal year 2002, and such sums as may be necessary for each of the five succeeding fiscal years. 

ø(f) FACILITIES MAINTENANCE.—For the purpose of carrying out 

section 8008, there are authorized to be appropriated $5,000,000 

for fiscal year 2000 and such sums as may be necessary for each 

of the seven succeeding fiscal years.¿ 

* * * * * * * 

PUBLIC LAW 112–239 

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL 

YEAR 2013 

* * * * * * * 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘National Defense Authorization 

Act for Fiscal Year 2013’’. 

* * * * * * * 

SEC. 563. AMENDMENTS TO THE IMPACT AID PROGRAM. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Impact Aid 

Improvement Act of 2012’’. 

(b) * * * 

(c) EFFECTIVE DATEø, IMPLEMENTATION, AND REPEAL¿ AND IMPLEMENTATION.— 

(1) IN GENERAL.—The amendments made by subsection (b) shall be effective øfor a 2-year period¿ beginning on the date of enactment of this Act. 

(2) EFFECTIVE DATE.—* * * 

* * * * * * * 

ø(4) REPEAL.—The amendments made by subsection (b) 

shall be repealed on the day after the 2-year period described in paragraph (1) and title VIII of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 7701 et 

seq.) shall be applied as if such subsection and the amendments made by such subsection had never been enacted.¿ 

* * * * * * * 

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941 

TITLE IX—GENERAL PROVISIONS 

PART A—DEFINITIONS 

øSEC. 9101. ø20 U.S.C. 7801¿ DEFINITIONS. 

øExcept as otherwise provided, in this Act: 

ø(1) AVERAGE DAILY ATTENDANCE.— 

ø(A) IN GENERAL.—Except as provided otherwise by 

State law or this paragraph, the term ‘‘average daily attendance’’ means— 

ø(i) the aggregate number of days of attendance of 

all students during a school year; divided by 

ø(ii) the number of days school is in session during that year. 

ø(B) CONVERSION.—The Secretary shall permit the 

conversion of average daily membership (or other similar 

data) to average daily attendance for local educational 

agencies in States that provide State aid to local educational agencies on the basis of average daily membership 

(or other similar data). 

ø(C) SPECIAL RULE.—If the local educational agency in 

which a child resides makes a tuition or other payment for 

the free public education of the child in a school located in 

another school district, the Secretary shall, for the purpose 

of this Act— 

ø(i) consider the child to be in attendance at a 

school of the agency making the payment; and 

ø(ii) not consider the child to be in attendance at 

a school of the agency receiving the payment. 

ø(D) CHILDREN WITH DISABILITIES.—If a local educational agency makes a tuition payment to a private 

school or to a public school of another local educational 

agency for a child with a disability, as defined in section 

602 of the Individuals with Disabilities Education Act, the 

Secretary shall, for the purpose of this Act, consider the 

child to be in attendance at a school of the agency making 

the payment. 

ø(2) AVERAGE PER-PUPIL EXPENDITURE.—The term ‘‘average 

per-pupil expenditure’’ means, in the case of a State or of the 

United States— 

ø(A) without regard to the source of funds— 

ø(i) the aggregate current expenditures, during 

the third fiscal year preceding the fiscal year for which 

the determination is made (or, if satisfactory data for 

that year are not available, during the most recent 

preceding fiscal year for which satisfactory data are 

available) of all local educational agencies in the State 

or, in the case of the United States, for all States 

(which, for the purpose of this paragraph, means the 

50 States and the District of Columbia); plus 

ø(ii) any direct current expenditures by the State 

for the operation of those agencies; divided by 

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ø(B) the aggregate number of children in average daily 

attendance to whom those agencies provided free public 

education during that preceding year. 

ø(3) BEGINNING TEACHER.—The term ‘‘beginning teacher’’ 

means a teacher in a public school who has been teaching less 

than a total of three complete school years. 

ø(4) CHILD.—The term ‘‘child’’ means any person within 

the age limits for which the State provides free public education. 

ø(5) CHILD WITH A DISABILITY.—The term ‘‘child with a disability’’ has the same meaning given that term in section 602 

of the Individuals with Disabilities Education Act. 

ø(6) COMMUNITY-BASED ORGANIZATION.—The term ‘‘community-based organization’’ means a public or private nonprofit 

organization of demonstrated effectiveness that— 

ø(A) is representative of a community or significant 

segments of a community; and 

ø(B) provides educational or related services to individuals in the community. 

ø(7) CONSOLIDATED LOCAL APPLICATION.—The term ‘‘consolidated local application’’ means an application submitted by 

a local educational agency pursuant to section 9305. 

ø(8) CONSOLIDATED LOCAL PLAN.—The term ‘‘consolidated 

local plan’’ means a plan submitted by a local educational 

agency pursuant to section 9305. 

ø(9) CONSOLIDATED STATE APPLICATION.—The term ‘‘consolidated State application’’ means an application submitted by 

a State educational agency pursuant to section 9302. 

ø(10) CONSOLIDATED STATE PLAN.—The term ‘‘consolidated 

State plan’’ means a plan submitted by a State educational 

agency pursuant to section 9302. 

ø(11) CORE ACADEMIC SUBJECTS.—The term ‘‘core academic 

subjects’’ means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography. 

ø(12) COUNTY.—The term ‘‘county’’ means one of the divisions of a State used by the Secretary of Commerce in compiling and reporting data regarding counties. 

ø(13) COVERED PROGRAM.—The term ‘‘covered program’’ 

means each of the programs authorized by— 

ø(A) part A of title I; 

ø(B) subpart 3 of part B of title I; 

ø(C) part C of title I; 

ø(D) part D of title I; 

ø(E) part F of title I; 

ø(F) part A of title II; 

ø(G) part D of title II; 

ø(H) part A of title III; 

ø(I) part A of title IV; 

ø(J) part B of title IV; 

ø(K) part A of title V; and 

ø(L) subpart 2 of part B of title VI. 

ø(14) CURRENT EXPENDITURES.—The term ‘‘current expenditures’’ means expenditures for free public education— 

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ø(A) including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed 

charges, and net expenditures to cover deficits for food 

services and student body activities; but 

ø(B) not including expenditures for community services, capital outlay, and debt service, or any expenditures 

made from funds received under title I and part A of title 

V. 

ø(15) DEPARTMENT.—The term ‘‘Department’’ means the 

Department of Education. 

ø(16) DISTANCE LEARNING.—The term ‘‘distance learning’’ 

means the transmission of educational or instructional programming to geographically dispersed individuals and groups 

via telecommunications. 

ø(17) EDUCATIONAL SERVICE AGENCY.—The term ‘‘educational service agency’’ means a regional public multiservice 

agency authorized by State statute to develop, manage, and 

provide services or programs to local educational agencies. 

ø(18) ELEMENTARY SCHOOL.—The term ‘‘elementary school’’ 

means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law. 

ø(19) EXEMPLARY TEACHER.—The term ‘‘exemplary teacher’’ means a teacher who— 

ø(A) is a highly qualified teacher such as a master 

teacher; 

ø(B) has been teaching for at least 5 years in a public 

or private school or institution of higher education; 

ø(C) is recommended to be an exemplary teacher by 

administrators and other teachers who are knowledgeable 

about the individual’s performance; 

ø(D) is currently teaching and based in a public school; 

and 

ø(E) assists other teachers in improving instructional 

strategies, improves the skills of other teachers, performs 

teacher mentoring, develops curricula, and offers other 

professional development. 

ø(20) FAMILY LITERACY SERVICES.—The term ‘‘family literacy services’’ means services provided to participants on a 

voluntary basis that are of sufficient intensity in terms of 

hours, and of sufficient duration, to make sustainable changes 

in a family, and that integrate all of the following activities: 

ø(A) Interactive literacy activities between parents 

and their children. 

ø(B) Training for parents regarding how to be the primary teacher for their children and full partners in the 

education of their children. 

ø(C) Parent literacy training that leads to economic 

self-sufficiency. 

ø(D) An age-appropriate education to prepare children 

for success in school and life experiences. 

ø(21) FREE PUBLIC EDUCATION.—The term ‘‘free public education’’ means education that is provided— 

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ø(A) at public expense, under public supervision and 

direction, and without tuition charge; and 

ø(B) as elementary school or secondary school education as determined under applicable State law, except 

that the term does not include any education provided beyond grade 12. 

ø(22) GIFTED AND TALENTED.—The term ‘‘gifted and talented’’, when used with respect to students, children, or youth, 

means students, children, or youth who give evidence of high 

achievement capability in areas such as intellectual, creative, 

artistic, or leadership capacity, or in specific academic fields, 

and who need services or activities not ordinarily provided by 

the school in order to fully develop those capabilities. 

ø(23) HIGHLY QUALIFIED.—The term ‘‘highly qualified’’— 

ø(A) when used with respect to any public elementary 

school or secondary school teacher teaching in a State, 

means that— 

ø(i) the teacher has obtained full State certification as a teacher (including certification obtained 

through alternative routes to certification) or passed 

the State teacher licensing examination, and holds a 

license to teach in such State, except that when used 

with respect to any teacher teaching in a public charter school, the term means that the teacher meets the 

requirements set forth in the State’s public charter 

school law; and 

ø(ii) the teacher has not had certification or licensure requirements waived on an emergency, temporary, or provisional basis; 

ø(B) when used with respect to— 

ø(i) an elementary school teacher who is new to 

the profession, means that the teacher— 

ø(I) holds at least a bachelor’s degree; and 

ø(II) has demonstrated, by passing a rigorous 

State test, subject knowledge and teaching skills 

in reading, writing, mathematics, and other areas 

of the basic elementary school curriculum (which 

may consist of passing a State-required certification or licensing test or tests in reading, writing, mathematics, and other areas of the basic elementary school curriculum); or 

ø(ii) a middle or secondary school teacher who is 

new to the profession, means that the teacher holds at 

least a bachelor’s degree and has demonstrated a high 

level of competency in each of the academic subjects in 

which the teacher teaches by— 

ø(I) passing a rigorous State academic subject 

test in each of the academic subjects in which the 

teacher teaches (which may consist of a passing 

level of performance on a State-required certification or licensing test or tests in each of the academic subjects in which the teacher teaches); or 

ø(II) successful completion, in each of the academic subjects in which the teacher teaches, of an 

academic major, a graduate degree, coursework 

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equivalent to an undergraduate academic major, 

or advanced certification or credentialing; and 

ø(C) when used with respect to an elementary, middle, 

or secondary school teacher who is not new to the profession, means that the teacher holds at least a bachelor’s degree and— 

ø(i) has met the applicable standard in clause (i) 

or (ii) of subparagraph (B), which includes an option 

for a test; or 

ø(ii) demonstrates competence in all the academic 

subjects in which the teacher teaches based on a high 

objective uniform State standard of evaluation that— 

ø(I) is set by the State for both grade appropriate academic subject matter knowledge and 

teaching skills; 

ø(II) is aligned with challenging State academic content and student academic achievement 

standards and developed in consultation with core 

content specialists, teachers, principals, and 

school administrators; 

ø(III) provides objective, coherent information 

about the teacher’s attainment of core content 

knowledge in the academic subjects in which a 

teacher teaches; 

ø(IV) is applied uniformly to all teachers in 

the same academic subject and the same grade 

level throughout the State; 

ø(V) takes into consideration, but not be 

based primarily on, the time the teacher has been 

teaching in the academic subject; 

ø(VI) is made available to the public upon request; and 

ø(VII) may involve multiple, objective measures of teacher competency. 

ø(24) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given that term 

in section 101(a) of the Higher Education Act of 1965. 

ø(25) LIMITED ENGLISH PROFICIENT.—The term ‘‘limited 

English proficient’’, when used with respect to an individual, 

means an individual— 

ø(A) who is aged 3 through 21; 

ø(B) who is enrolled or preparing to enroll in an elementary school or secondary school; 

ø(C)(i) who was not born in the United States or 

whose native language is a language other than English; 

ø(ii)(I) who is a Native American or Alaska Native, or 

a native resident of the outlying areas; and 

ø(II) who comes from an environment where a language other than English has had a significant impact on 

the individual’s level of English language proficiency; or 

ø(iii) who is migratory, whose native language is a 

language other than English, and who comes from an environment where a language other than English is dominant; and 

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ø(D) whose difficulties in speaking, reading, writing, 

or understanding the English language may be sufficient 

to deny the individual— 

ø(i) the ability to meet the State’s proficient level 

of achievement on State assessments described in section 1111(b)(3); 

ø(ii) the ability to successfully achieve in classrooms where the language of instruction is English; or 

ø(iii) the opportunity to participate fully in society. 

ø(26) LOCAL EDUCATIONAL AGENCY.— 

ø(A) IN GENERAL.—The term ‘‘local educational agency’’ means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service 

function for, public elementary schools or secondary 

schools in a city, county, township, school district, or other 

political subdivision of a State, or of or for a combination 

of school districts or counties that is recognized in a State 

as an administrative agency for its public elementary 

schools or secondary schools. 

ø(B) ADMINISTRATIVE CONTROL AND DIRECTION.—The 

term includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school. 

ø(C) BIA SCHOOLS.—The term includes an elementary 

school or secondary school funded by the Bureau of Indian 

Affairs but only to the extent that including the school 

makes the school eligible for programs for which specific 

eligibility is not provided to the school in another provision 

of law and the school does not have a student population 

that is smaller than the student population of the local 

educational agency receiving assistance under this Act 

with the smallest student population, except that the 

school shall not be subject to the jurisdiction of any State 

educational agency other than the Bureau of Indian Affairs. 

ø(D) EDUCATIONAL SERVICE AGENCIES.—The term includes educational service agencies and consortia of those 

agencies. 

ø(E) STATE EDUCATIONAL AGENCY.—The term includes 

the State educational agency in a State in which the State 

educational agency is the sole educational agency for all 

public schools. 

ø(27) MENTORING.—The term ‘‘mentoring’’, except when 

used to refer to teacher mentoring, means a process by which 

a responsible adult, postsecondary student, or secondary school 

student works with a child to provide a positive role model for 

the child, to establish a supportive relationship with the child, 

and to provide the child with academic assistance and exposure 

to new experiences and examples of opportunity that enhance 

the ability of the child to become a responsible adult. 

ø(28) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.—The terms ‘‘Native American’’ and ‘‘Native American 

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language’’ have the same meaning given those terms in section 

103 of the Native American Languages Act of 1990. 

ø(29) OTHER STAFF.—The term ‘‘other staff’’ means pupil 

services personnel, librarians, career guidance and counseling 

personnel, education aides, and other instructional and administrative personnel. 

ø(30) OUTLYING AREA.—The term ‘‘outlying area’’ means 

the United States Virgin Islands, Guam, American Samoa, and 

the Commonwealth of the Northern Mariana Islands, and for 

the purpose of section 1121(b) and any other discretionary 

grant program under this Act, includes the freely associated 

states of the Republic of the Marshall Islands, the Federated 

States of Micronesia, and the Republic of Palau until an agreement for the extension of United States education assistance 

under the Compact of Free Association for each of the freely 

associated states becomes effective after the date of enactment 

of the No Child Left Behind Act of 2001. 

ø(31) PARENT.—The term ‘‘parent’’ includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person 

who is legally responsible for the child’s welfare). 

ø(32) PARENTAL INVOLVEMENT.—The term ‘‘parental involvement’’ means the participation of parents in regular, twoway, and meaningful communication involving student academic learning and other school activities, including ensuring— 

ø(A) that parents play an integral role in assisting 

their child’s learning; 

ø(B) that parents are encouraged to be actively involved in their child’s education at school; 

ø(C) that parents are full partners in their child’s education and are included, as appropriate, in decisionmaking 

and on advisory committees to assist in the education of 

their child; 

ø(D) the carrying out of other activities, such as those 

described in section 1118. 

ø(33) POVERTY LINE.—The term ‘‘poverty line’’ means the 

poverty line (as defined by the Office of Management and 

Budget and revised annually in accordance with section 673(2) 

of the Community Services Block Grant Act) applicable to a 

family of the size involved. 

ø(34) PROFESSIONAL DEVELOPMENT.—The term ‘‘professional development’’— 

ø(A) includes activities that— 

ø(i) improve and increase teachers’ knowledge of 

the academic subjects the teachers teach, and enable 

teachers to become highly qualified; 

ø(ii) are an integral part of broad schoolwide and 

districtwide educational improvement plans; 

ø(iii) give teachers, principals, and administrators 

the knowledge and skills to provide students with the 

opportunity to meet challenging State academic content standards and student academic achievement 

standards; 

ø(iv) improve classroom management skills; 

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ø(v)(I) are high quality, sustained, intensive, and 

classroom-focused in order to have a positive and lasting impact on classroom instruction and the teacher’s 

performance in the classroom; and 

ø(II) are not 1-day or short-term workshops or 

conferences; 

ø(vi) support the recruiting, hiring, and training of 

highly qualified teachers, including teachers who became highly qualified through State and local alternative routes to certification; 

ø(vii) advance teacher understanding of effective 

instructional strategies that are— 

ø(I) based on scientifically based research (except that this subclause shall not apply to activities carried out under part D of title II); and 

ø(II) strategies for improving student academic achievement or substantially increasing the 

knowledge and teaching skills of teachers; and 

ø(viii) are aligned with and directly related to— 

ø(I) State academic content standards, student academic achievement standards, and assessments; and 

ø(II) the curricula and programs tied to the 

standards described in subclause (I) except that 

this subclause shall not apply to activities described in clauses (ii) and (iii) of section 

2123(3)(B); 

ø(ix) are developed with extensive participation of 

teachers, principals, parents, and administrators of 

schools to be served under this Act; 

ø(x) are designed to give teachers of limited 

English proficient children, and other teachers and instructional staff, the knowledge and skills to provide 

instruction and appropriate language and academic 

support services to those children, including the appropriate use of curricula and assessments; 

ø(xi) to the extent appropriate, provide training 

for teachers and principals in the use of technology so 

that technology and technology applications are effectively used in the classroom to improve teaching and 

learning in the curricula and core academic subjects in 

which the teachers teach; 

ø(xii) as a whole, are regularly evaluated for their 

impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of 

professional development; 

ø(xiii) provide instruction in methods of teaching 

children with special needs; 

ø(xiv) include instruction in the use of data and 

assessments to inform and instruct classroom practice; 

and 

ø(xv) include instruction in ways that teachers, 

principals, pupil services personnel, and school administrators may work more effectively with parents; and 

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ø(B) may include activities that— 

ø(i) involve the forming of partnerships with institutions of higher education to establish school-based 

teacher training programs that provide prospective 

teachers and beginning teachers with an opportunity 

to work under the guidance of experienced teachers 

and college faculty; 

ø(ii) create programs to enable paraprofessionals 

(assisting teachers employed by a local educational 

agency receiving assistance under part A of title I) to 

obtain the education necessary for those paraprofessionals to become certified and licensed teachers; and 

ø(iii) provide follow-up training to teachers who 

have participated in activities described in subparagraph (A) or another clause of this subparagraph that 

are designed to ensure that the knowledge and skills 

learned by the teachers are implemented in the classroom. 

ø(35) PUBLIC TELECOMMUNICATIONS ENTITY.—The term 

‘‘public telecommunications entity’’ has the meaning given that 

term in section 397(12) of the Communications Act of 1934. 

ø(36) PUPIL SERVICES PERSONNEL; PUPIL SERVICES.— ø(A) PUPIL SERVICES PERSONNEL.—The term ‘‘pupil 

services personnel’’ means school counselors, school social 

workers, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is 

defined in section 602 of the Individuals with Disabilities 

Education Act) as part of a comprehensive program to 

meet student needs. 

ø(B) PUPIL SERVICES.—The term ‘‘pupil services’’ 

means the services provided by pupil services personnel. 

ø(37) SCIENTIFICALLY BASED RESEARCH.—The term ‘‘scientifically based research’’— 

ø(A) means research that involves the application of 

rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities 

and programs; and 

ø(B) includes research that— 

ø(i) employs systematic, empirical methods that 

draw on observation or experiment; 

ø(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the 

general conclusions drawn; 

ø(iii) relies on measurements or observational 

methods that provide reliable and valid data across 

evaluators and observers, across multiple measurements and observations, and across studies by the 

same or different investigators; 

ø(iv) is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs, or activities are assigned to different conditions 

and with appropriate controls to evaluate the effects of 

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assignment experiments, or other designs to the extent that those designs contain within-condition or 

across-condition controls; 

ø(v) ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to 

build systematically on their findings; and 

ø(vi) has been accepted by a peer-reviewed journal 

or approved by a panel of independent experts through 

a comparably rigorous, objective, and scientific review. 

ø(38) SECONDARY SCHOOL.—The term ‘‘secondary school’’ 

means a nonprofit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under State law, except that 

the term does not include any education beyond grade 12. 

ø(39) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education. 

øSTATE.—The term ‘‘State’’ means each of the 50 States, the 

District of Columbia, the Commonwealth of Puerto Rico, and 

each of the outlying areas. 

ø(41) STATE EDUCATIONAL AGENCY.—The term ‘‘State educational agency’’ means the agency primarily responsible for 

the State supervision of public elementary schools and secondary schools. 

ø(42) TEACHER MENTORING.—The term ‘‘teacher mentoring’’ means activities that— 

ø(A) consist of structured guidance and regular and 

ongoing support for teachers, especially beginning teachers, that— 

ø(i) are designed to help the teachers continue to 

improve their practice of teaching and to develop their 

instructional skills; and 

øpart of an ongoing developmental induction process— 

ø(I) involve the assistance of an exemplary 

teacher and other appropriate individuals from a 

school, local educational agency, or institution of 

higher education; and 

ø(II) may include coaching, classroom observation, team teaching, and reduced teaching loads; 

and 

ø(B) may include the establishment of a partnership 

by a local educational agency with an institution of higher 

education, another local educational agency, a teacher organization, or another organization. 

ø(43) TECHNOLOGY.—The term ‘‘technology’’ means stateof-the-art technology products and services.¿ 

SEC. 9101. DEFINITIONS. 

Except as otherwise provided, in this Act: 

(1) ADJUSTED COHORT; ENTERING COHORT; TRANSFERRED

INTO; TRANSFERRED OUT.— 

(A) ADJUSTED COHORT.—Subject to clauses (ii) and (iii) 

of subparagraph (D) and subparagraphs (E) through (G), 

the term ‘‘adjusted cohort’’ means the difference of— 

(i) the sum of— 

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(I) the entering cohort; plus 

(II) any students that transferred into the cohort in any of grades 9 through 12; minus 

(ii) any students that are removed from the cohort 

as described in subparagraph (E). 

(B) ENTERING COHORT.—The term ‘‘entering cohort’’, 

when used with respect to a secondary school, means the 

number of first-time students in grade 9 enrolled in the secondary school 1 month after the start of the secondary 

school’s academic year. 

(C) TRANSFERRED INTO.—The term ‘‘transferred into’’, 

when used with respect to a secondary school student, 

means a student who— 

(i) was a first-time student in grade 9 during the 

same school year as the entering cohort; and 

(ii) enrolls after the entering cohort is calculated as 

described in subparagraph (B). 

(D) TRANSFERRED OUT.— (i) IN GENERAL.—The term ‘‘transferred out’’ when 

used with respect to a secondary school student, means 

a student who the secondary school or local educational agency has confirmed has transferred— 

(I) to another school from which the student is 

expected to receive a regular secondary school diploma; or 

(II) to another educational program from 

which the student is expected to receive a regular 

secondary school diploma. 

(ii) CONFIRMATION REQUIREMENTS.— 

(I) WRITTEN VERIFICATION REQUIRED.—The 

confirmation of a student’s transfer to another 

school or educational program described in clause 

(i) requires written verification from the receiving 

school or program that the student enrolled in the 

receiving school or program. 

(II) LACK OF CONFIRMATION.—A student who 

was enrolled, but for whom there is no confirmation of the student having transferred out, shall remain in the cohort as a nongraduate for reporting 

and accountability purposes under this Act. 

(iii) PROGRAMS NOT PROVIDING CREDIT.—A student 

enrolled in a GED or other alternative educational program that does not issue or provide credit toward the 

issuance of a regular secondary school diploma shall 

not be considered transferred out and shall remain in 

the adjusted cohort. 

(E) COHORT REMOVAL.—To remove a student from a cohort, a school or local educational agency shall require documentation to confirm that the student has transferred out, 

emigrated to another country, or is deceased. 

(F) TREATMENT OF OTHER DEPARTURES AND WITH- DRAWALS.—A student who was retained in a grade, enrolled in a GED program or other program that provides 

a recognized equivalent of a secondary school diploma, 

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gram, or left secondary school for any other reason, including expulsion, shall not be considered transferred out, and 

shall remain in the adjusted cohort. 

(G) SPECIAL RULE.—For secondary schools that start 

after grade 9, the entering cohort shall be calculated 1 

month after the start of the secondary school’s academic 

year in the earliest secondary school grade at the secondary 

school. 

(2) ADVANCED PLACEMENT OR INTERNATIONAL BACCA- LAUREATE COURSE.—The term ‘‘Advanced Placement or International Baccalaureate course’’ means— 

(A) a course of postsecondary-level instruction provided 

to middle school or secondary school students, terminating 

in an Advanced Placement or International Baccalaureate 

examination; or 

(B) another highly rigorous, evidence-based, postsecondary preparatory program terminating in— 

(i) an examination or courses that are widely accepted for credit at institutions of higher education; or 

(ii) another examination or courses approved by 

the Secretary. 

(3) ADVANCED PLACEMENT OR INTERNATIONAL BACCA- LAUREATE EXAMINATION.—The term ‘‘Advanced Placement or 

International Baccalaureate examination’’ means an Advanced 

Placement examination administered by the College Board, an 

International Baccalaureate examination administered by the 

International Baccalaureate Organization, or another such examination approved by the Secretary. 

(4) AUTHORIZING COMMITTEES.—The term ‘‘authorizing 

committees’’ means the Committee on Health, Education, Labor, 

and Pensions of the Senate and the Committee on Education 

and the Workforce of the House of Representatives. 

(5) AVERAGE DAILY ATTENDANCE.— (A) IN GENERAL.—Except as provided otherwise by 

State law or this paragraph, the term ‘‘average daily attendance’’ means— 

(i) the aggregate number of days of attendance of 

all students during a school year; divided by 

(ii) the number of days school is in session during 

that year. 

(B) CONVERSION.—The Secretary shall permit the conversion of average daily membership (or other similar data) 

to average daily attendance for local educational agencies 

in States that provide State aid to local educational agencies on the basis of average daily membership (or other 

similar data). 

(C) SPECIAL RULE.—If the local educational agency in 

which a child resides makes a tuition or other payment for 

the free public education of the child in a school served by 

another local educational agency, the Secretary shall, for 

the purpose of this Act— 

(i) consider the child to be in attendance at a 

school of the agency making the payment; and 

(ii) not consider the child to be in attendance at a 

school of the agency receiving the payment. 

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(6) AVERAGE PER-PUPIL EXPENDITURE.—The term ‘‘average 

per-pupil expenditure’’ means, in the case of a State or of the 

United States— 

(A) without regard to the source of funds— 

(i) the aggregate current expenditures, during the 

most recent fiscal year for which satisfactory data are 

available, of all local educational agencies in the State 

or, in the case of the United States, for all States 

(which, for the purpose of this paragraph, means the 

50 States and the District of Columbia); plus 

(ii) any direct current expenditures by the State for 

the operation of those agencies; divided by 

(B) the aggregate number of children in average daily 

attendance to whom those agencies provided free public 

education during that year. 

(7) CHARTER MANAGEMENT ORGANIZATION.—The term 

‘‘charter management organization’’ means a nonprofit organization that operates, manages, or oversees multiple charter 

schools by centralizing or sharing certain functions and resources among such schools. 

(8) CHILD.—The term ‘‘child’’ means any person within the 

age limits for which the State provides free public education. 

(9) CHILD WITH A DISABILITY.—The term ‘‘child with a disability’’ has the same meaning given that term in section 602 

of the Individuals with Disabilities Education Act. 

(10) CONDITIONS FOR LEARNING.—The term ‘‘conditions for 

learning’’ means conditions that advance student achievement 

and positive child and youth development by supporting schools 

that— 

(A) promote physical, mental, and emotional health; 

(B) ensure the safety of students and staff; 

(C) promote social, emotional, and character development; and 

(D) have the following attributes: 

(i) Provide opportunities for physical activity and 

good nutrition. 

(ii) Are free of violence, harassment, and weapons. 

(iii) Prevent use and abuse of drugs and controlled 

substances. 

(iv) Help staff and students to model positive social 

and emotional skills. 

(v) Employ adults who have high expectations for 

student conduct, character, and academic achievement. 

(vi) Engage parents and family members in meaningful and sustained ways to promote positive student 

academic achievement and developmental outcomes. 

(11) CONSOLIDATED LOCAL APPLICATION.—The term ‘‘consolidated local application’’ means an application submitted by 

a local educational agency pursuant to section 9305. 

(12) CONSOLIDATED LOCAL PLAN.—The term ‘‘consolidated 

local plan’’ means a plan submitted by a local educational 

agency pursuant to section 9305. 

(13) CONSOLIDATED STATE APPLICATION.—The term ‘‘consolidated State application’’ means an application submitted by 

a State educational agency pursuant to section 9302. 

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(14) CONSOLIDATED STATE PLAN.—The term ‘‘consolidated 

State plan’’ means a plan submitted by a State educational 

agency pursuant to section 9302. 

(15) CORE ACADEMIC SUBJECTS.—The term ‘‘core academic 

subjects’’ means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography. 

(16) COVERED PROGRAM.—The term ‘‘covered program’’ 

means each of the programs authorized by— 

(A) part A of title I; 

(B) part C of title I; 

(C) part D of title I; 

(D) part A of title II; 

(E) part A of title III; 

(F) part B of title IV; and 

(G) subpart 2 of part B of title VI. 

(17) CURRENT EXPENDITURES.—The term ‘‘current expenditures’’ means expenditures for free public education— 

(A) including expenditures for administration, instruction, attendance and health services, pupil transportation 

services, operation and maintenance of plant, fixed charges, 

and net expenditures to cover deficits for food services and 

student body activities; but 

(B) not including expenditures for community services, 

capital outlay, and debt service, or any expenditures made 

from funds received under title I. 

(18) DEPARTMENT.—The term ‘‘Department’’ means the Department of Education. 

(19) DEVELOPMENTAL DELAY.—The term ‘‘developmental 

delay’’ has the meaning given the term in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432). 

(20) DISTANCE LEARNING.—The term ‘‘distance learning’’ 

means the transmission of educational or instructional programming to geographically dispersed individuals and groups 

via telecommunications. 

(21) EARLY CHILDHOOD EDUCATION PROGRAM.—The term 

‘‘early childhood education program’’ has the meaning given the 

term in section 103 of the Higher Education Act of 1965 (20 

U.S.C. 1003). 

(22) EDUCATIONAL SERVICE AGENCY.—The term ‘‘educational service agency’’ means a regional public multiservice 

agency authorized by State statute to develop, manage, and provide services or programs to local educational agencies. 

(23) ELEMENTARY SCHOOL.—The term ‘‘elementary school’’ 

means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law. 

(24) ENGLISH LEARNER.—The term ‘‘English learner’’ means 

an individual— 

(A) who is aged 3 through 21; 

(B) who is enrolled or preparing to enroll in an elementary school or secondary school; 

(C)(i) who was not born in the United States or whose 

native language is a language other than English; 

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955 

(ii)(I) who is a Native American or Alaska Native, or 

a native resident of the outlying areas; and 

(II) who comes from an environment where a language 

other than English has had a significant impact on the individual’s level of English language proficiency; or 

(iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; 

and 

(D) whose difficulties in speaking, reading, writing, or 

understanding the English language may be sufficient to 

deny the individual— 

(i) the ability to meet or exceed the State student 

academic achievement standards under section 

1111(a)(1) in a subject for the individual’s grade level, 

as determined based on the State academic assessments described in section 1111(a)(2); 

(ii) the ability to successfully achieve in classrooms 

where the language of instruction is English; or 

(iii) the opportunity to participate fully in society. 

(25) EVIDENCE-BASED.—The term ‘‘evidence-based’’, when 

used with respect to a program, practice, or policy, means— 

(A) based on a comprehensive, unbiased review and 

weighing of 1 or more evaluation studies that— 

(i) have been carried out consistent with the principles of scientific research; 

(ii) have strong internal and external validity; and 

(iii) support the direct attribution of 1 or more outcomes to the program, practice, or policy; or 

(B) in the absence of any study described in subparagraph (A), based on a comprehensive, unbiased review and 

weighing of data analysis, research, or 1 or more evaluation studies of relevant programs, practices, or policies, 

that— 

(i) were carried out consistent with the principles 

of scientifically based research; and 

(ii) are accompanied by strategies to generate more 

robust evidence over time through research, evaluation, 

and data analysis, including— 

(I) the measurement of performance with reliable process and outcome indicators; and 

(II) the implementation of evaluations with 

strong internal and external validity where feasible and appropriate. 

(26) EXPANDED LEARNING TIME.—The term ‘expanded learning time’’ means using a longer school day, week, or year schedule to significantly increase the total number of school hours, in 

order to include additional time for— 

(A) instruction in core academic subjects; 

(B) instruction in other subjects and enrichment and 

other activities that contribute to a well-rounded education, 

including music and the arts, physical education, and experiential and work-based learning; and 

(C) instructional and support staff to collaborate, plan, 

and engage in professional development, including on fammstockstill on DSK4VPTVN1PROD with HEARINGS

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ily and community engagement, within and across grades 

and subjects. 

(27) FAMILY LITERACY ACTIVITIES.—The term ‘‘family literacy activities’’ means activities that— 

(A) are of sufficient intensity in terms of hours, and of 

sufficient duration, to make sustainable improvements in 

the literacy rates of a family; 

(B) better enable parents to support their children’s 

learning needs; and 

(C) integrate all of the following activities: 

(i) Parent adult education and literacy activities 

that lead to readiness for postsecondary education or 

training, career advancement, and economic self-sufficiency. 

(ii) Interactive literacy activities between parents 

and their children. 

(iii) Training for parents regarding how to be the 

primary teacher for their children and full partners in 

the education of their children. 

(iv) Age-appropriate education to prepare children 

for success in school and life experiences. 

(28) FAMILY MEMBER.—The term ‘‘family member’’ means a 

parent, relative, or other adult who is responsible for the care 

and well-being of a child. 

(29) FORMER ENGLISH LEARNER.—The term ‘‘former English 

learner’’ means a student who is proficient in English, as determined by the State assessment of English language proficiency 

under section 1111(a)(2)(D), but previously was an English 

learner, as defined in this section. 

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

(A) at public expense, under public supervision and direction, and without tuition charge; and 

(B) as elementary or secondary education, as determined under State law, except that, notwithstanding State 

law, such term— 

(i) includes preschool education; and 

(ii) does not include any education provided beyond grade 12. 

(31) GIFTED AND TALENTED.—The term ‘‘gifted and talented’’, when used with respect to students, children, or youth, 

means students, children, or youth who give evidence of high 

achievement capability in areas such as intellectual, creative, 

artistic, or leadership capacity, or in specific academic fields, 

and who need services or activities not ordinarily provided by 

the school in order to fully develop those capabilities. 

(32) GRADUATION RATES.—The term ‘‘graduation rates’’ 

shall, at a minimum, include both of the following: 

(A) A 4-year adjusted cohort graduation rate for a 

school year, defined as the percent obtained by calculating 

the product of— 

(i) the result of— 

(I) the number of students who— 

(aa) formed the adjusted cohort 4 years 

earlier; and 

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957 

(bb) graduate in 4 years or less with a 

regular secondary school diploma; divided by 

(II) the number of students who formed the 

adjusted cohort for that year’s graduating class 4 

years earlier; multiplied by 

(ii) 100. 

(B) A cumulative graduation rate for a school year, defined as the percent obtained by calculating the product 

of— 

(i) the result of— 

(I) the sum of— 

(aa) the number of students who— 

(AA) form the adjusted cohort for that 

year’s graduating class; and 

(BB) graduate in an extended 4-year 

period with a regular secondary school diploma; plus 

(bb) the number of additional students 

from previous cohorts who graduate with a 

regular secondary school diploma by the end 

of the school year in— 

(AA) more than 4 years but not more 

than 6 years; or 

(BB) before exceeding the age for eligibility for a free appropriate public education (as defined in section 602 of the Individuals with Disabilities Education Act) 

under State law; divided by 

(II) the sum of— 

(aa) the number of students who form the 

adjusted cohort for that year’s graduating 

class; plus 

(bb) the number of additional student 

graduates described in subclause (I)(bb); multiplied by 

(ii) 100. 

(33) HIGH SCHOOL.—The term ‘‘high school’’ means a secondary school that— 

(A) grants a diploma, as defined by the State; and 

(B) includes, at least, grade 12. 

(34) HIGHLY QUALIFIED TEACHER.— 

(A) IN GENERAL.—The term ‘‘highly qualified teacher’’ 

means— 

(i) with respect to any public elementary school, 

middle school, or high school teacher teaching in a 

State, a teacher who— 

(I)(aa) has obtained State certification as a 

teacher (including certification obtained through 

alternative routes to certification) or passed the 

State teacher licensing examination, and holds a 

license to teach in the State, except that when used 

with respect to any teacher teaching in a charter 

school, the term means that the teacher meets the 

requirements set forth in the State’s charter school 

law; or 

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958 

(bb) has passed a rigorous State test for subject matter knowledge and is making satisfactory 

progress towards obtaining full certification or licensure within 3 years through participation in a 

high-quality, State-approved alternative certification program; and 

(II) has not had certification or licensure requirements waived on an emergency, temporary, or 

provisional basis; 

(ii) with respect to— 

(I) an elementary school teacher who is new to 

the profession, that the teacher holds at least a 

bachelor’s degree and— 

(aa) if teaching more than a single subject, has demonstrated, by receiving a passing 

score on a rigorous State test, subject knowledge and teaching skills in reading, writing, 

mathematics, and other areas of the basic elementary school curriculum (which may consist 

of passing a State-required certification or licensing test or tests in reading, writing, mathematics, and other areas of the basic elementary school curriculum); or 

(bb) if teaching a single subject, meets either the requirement in item (aa) or (bb) of 

subclause (II); and 

(II) a middle school or high school teacher 

who is new to the profession, that the teacher holds 

at least a bachelor’s degree and has demonstrated 

a high level of competency in each of the academic 

subjects in which the teacher teaches by— 

(aa) receiving a passing score on a rigorous State academic subject test in each of 

the academic subjects in which the teacher 

teaches (which may consist of a passing level 

of performance on a State-required certification or licensing test or tests in each of the 

academic subjects the teacher teaches); or 

(bb) successful completion, in each of the 

academic subjects in which the teacher teaches, of an academic major, a graduate degree, 

coursework equivalent to an undergraduate 

academic major, or advanced certification or 

credentialing; and 

(iii) with respect to an elementary school, middle 

school, or high school teacher who is not new to the 

profession, that the teacher holds at least a bachelor’s 

degree and— 

(I) has met the applicable standard in subclause (I) or (II) of clause (ii), which includes an 

option for a test; or 

(II) demonstrates competence in all the academic subjects in which the teacher teaches based 

on a high objective uniform State standard of evalmstockstill on DSK4VPTVN1PROD with HEARINGS

959 

uation, which may include multiple subjects, 

that— 

(aa) is set by the State for both grade-appropriate academic subject-matter knowledge 

and teaching skills; 

(bb) is aligned with State academic content and student academic achievement standards under section 1111(a)(1) and developed 

in consultation with core content specialists, 

teachers, principals, and school administrators; 

(cc) provides objective, coherent information about the teacher’s attainment of core content knowledge in the academic subjects in 

which a teacher teaches; 

(dd) is applied uniformly to all teachers in 

the same academic subject and the same grade 

level throughout the State; 

(ee) takes into consideration, but is not 

based primarily on, the time the teacher has 

been teaching the academic subject; 

(ff) is made available to the public on request; and 

(gg) may involve multiple, objective measures of teacher competency. 

(B) SPECIAL RULE.—Notwithstanding the requirements 

of subparagraph (A), a State may deem a teacher to be a 

highly qualified teacher for purposes of this Act, if the 

teacher is— 

(i) a teacher with a bachelor’s degree who has received and maintained, for the State in which the 

teacher teaches, a rating in the highest categories of a 

professional growth and improvement system; 

(ii) a teacher in a rural local educational agency, 

as described in section 6211(d), who teaches multiple 

subjects, if the teacher is a highly qualified teacher in 

1 of the core academic subjects that the teacher teaches 

and becomes highly qualified in the additional subjects 

in not more than 3 years by meeting the requirements 

of clause (ii) or (iii) of subparagraph (A); 

(iii) a science teacher who holds a broad field 

science or individual science certification or licensure 

and whom the State determines is highly qualified for 

purposes of this paragraph; 

(iv) a teacher who has been determined to be highly qualified by the State as of the day before the date 

of enactment of the Strengthening America’s Schools 

Act of 2013; or 

(v) a teacher who is a participant in an exchange 

visitor program and whom the State determines is 

highly qualified for the purposes of this paragraph. 

(C) SPECIAL EDUCATION TEACHERS.—The definition of 

the term ‘‘highly qualified teacher’’ shall also include a special education teacher who is highly qualified as determstockstill on DSK4VPTVN1PROD with HEARINGS

960 

mined under section 602(10) of the Individuals with Disabilities Education Act. 

(35) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘‘high-need local educational agency’’ means a local educational 

agency— 

(A) that serves not fewer than 10,000 children from 

families with incomes below the poverty line; 

(B) for which not less than 20 percent of the children 

served by the agency are from families with incomes below 

the poverty line; or 

(C) that is in the highest quartile of local educational 

agencies in the State, based on student poverty. 

(36) HIGH-NEED SCHOOL.— 

(A) IN GENERAL.—The term ‘‘high-need school’’ 

means— 

(i) an elementary school or middle school in which 

not less than 50 percent of the enrolled students are 

children from low-income families; or 

(ii) a high school in which not less than 40 percent 

of the enrolled students are children from low-income 

families, which may be calculated using comparable 

data from feeder schools. 

(B) LOW-INCOME FAMILY.—For purposes of subparagraph (A), the term ‘‘low-income family’’ means a family— 

(i) in which the children are eligible for a free or 

reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); 

(ii) receiving assistance under a State program 

funded under part A of title IV of the Social Security 

Act (42 U.S.C. 601 et seq.); or 

(iii) in which the children are eligible to receive 

medical assistance under the Medicaid program. 

(37) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given that term in 

section 101(a) of the Higher Education Act of 1965. 

(38) LEADING INDICATORS.—The term ‘‘leading indicators’’ 

means areas in which a priority school is expected to demonstrate improvement, such as— 

(A) average student attendance rates; 

(B) teacher attendance rates; 

(C) on-time grade promotion; 

(D) credit accumulation rates; 

(E) expulsion, suspension, violence, and harassment 

rates; 

(F) teacher retention and turnover rates; 

(G) percentage of students failing a core, credit-bearing 

course; and 

(H) entrance and placement examinations, and preparation courses, for postsecondary education. 

(39) LOCAL EDUCATIONAL AGENCY.— (A) IN GENERAL.—The term ‘‘local educational agency’’ 

means a public board of education or other public authority 

legally constituted within a State for either administrative 

control or direction of, or to perform a service function for, 

public elementary schools or secondary schools in a city, 

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county, township, school district, or other political subdivision of a State, or of or for a combination of school districts 

or counties that is recognized in a State as an administrative agency for its public elementary schools or secondary 

schools. 

(B) ADMINISTRATIVE CONTROL AND DIRECTION.—The 

term includes any other public institution or agency having 

administrative control and direction of a public elementary 

school or secondary school. 

(C) BUREAU OF INDIAN EDUCATION SCHOOLS.—The term 

includes an elementary school or secondary school funded 

by the Bureau of Indian Education but only to the extent 

that including the school makes the school eligible for programs for which specific eligibility is not provided to the 

school in another provision of law and the school does not 

have a student population that is smaller than the student 

population of the local educational agency receiving assistance under this Act with the smallest student population, 

except that the school shall not be subject to the jurisdiction 

of any State educational agency other than the Bureau of 

Indian Education. 

(D) EDUCATIONAL SERVICE AGENCIES.—The term includes educational service agencies and consortia of those 

agencies. 

(E) STATE EDUCATIONAL AGENCY.—The term includes 

the State educational agency in a State in which the State 

educational agency is the sole educational agency for all 

public schools. 

(40) MAGNET SCHOOL.—The term ‘‘magnet school’’ means a 

public elementary school, public secondary school, public elementary education center, or public secondary education center, 

that offers a special curriculum capable of attracting substantial numbers of students of different racial backgrounds. 

(41) MULTI-TIER SYSTEM OF SUPPORTS.—The term ‘‘multitier system of supports’’ means a comprehensive system of differentiated supports that includes evidence-based instruction, 

universal screening, progress monitoring, formative assessments, research-based interventions matched to students’ needs, 

and educational decisionmaking using student outcome data. 

(42) MUTUAL CONSENT.—The term ‘‘mutual consent’’ means 

a process through which— 

(A) the principal or hiring team and the teacher agree 

to the placement at a school; 

(B) the principal or hiring team selects teachers for the 

school from an unrestricted pool of internal and external 

candidates based on an assessment of the qualifications of 

the individual candidates; and 

(C) the local educational agency ensures that other 

schools served by the local educational agency are not being 

forced to accept teachers displaced from persistently lowachieving schools. 

(43) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.— The terms ‘‘Native American’’ and ‘‘Native American language’’ 

have the same meaning given those terms in section 103 of the 

Native American Languages Act (25 U.S.C. 2902). 

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(44) OUTLYING AREA.—The term ‘‘outlying area’’— 

(A) means American Samoa, the Commonwealth of the 

Northern Mariana Islands, Guam, and the United States 

Virgin Islands; 

(B) means the Republic of Palau, to the extent permitted under section 105(f)(1)(B)(ix) of the Compact of Free 

Association Amendments Act of 2003 (Public Law 108–188; 

117 Stat. 2751) and until an agreement for the extension of 

United States education assistance under the Compact of 

Free Association becomes effective for the Republic of 

Palau; and 

(C) for the purpose of any discretionary grant program 

under this Act, includes the Republic of the Marshall Islands and the Federated States of Micronesia, to the extent 

permitted under section 105(f)(1)(B)(viii) of the Compact of 

Free Association Amendments Act of 2003 (Public Law 

108–188; 117 Stat. 2751). 

(45) PARENT.—The term ‘‘parent’’ includes a legal guardian 

or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who 

is legally responsible for the child’s welfare). 

(46) POSITIVE BEHAVIORAL INTERVENTIONS AND SUP- PORTS.—The term ‘‘positive behavioral interventions and supports’’ means a management system and set of activities establishing the social culture of a school and the use of evidencebased behavioral practices needed for schools to prevent problem behaviors and provide effective learning environments for 

all students. 

(47) POVERTY LINE.—The term ‘‘poverty line’’ means the 

poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the 

Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved. 

(48) PROFESSIONAL DEVELOPMENT.—The term ‘‘professional 

development’’ means activities based on scientifically valid research that are coordinated and aligned to increase the effectiveness of educators (including teachers, principals, other 

school leaders, specialized instructional support personnel, 

paraprofessionals, and, as applicable, early childhood educators) and are regularly assessed to determine the activities’ effectiveness, and that— 

(A) are designed and implemented to improve student 

achievement and classroom practice; 

(B) are aligned with— 

(i) State academic content standards and student 

academic achievement standards developed under section 1111(a)(1); 

(ii) related academic and school improvement 

goals of the school, local educational agency, and, as 

appropriate, statewide and local curricula; and 

(iii) rigorous teaching standards; 

(C) increase educators’— 

(i) knowledge and understanding about how students learn; 

(ii) academic content knowledge; 

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963 

(iii) ability to analyze student work and achievement data from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis; and 

(iv) ability to instruct students with disabilities 

and English learners so that they are able to meet the 

State academic content standards and student academic achievement standards; 

(D) are informed by, and aligned with, such educators’ 

evaluations under the applicable professional growth and 

improvement system; 

(E) are job-embedded, ongoing, collaborative, datadriven, and classroom-focused; and 

(F) are, as appropriate— 

(i) designed to provide educators with the knowledge and skills to work more effectively with parents 

and families; and 

(ii) provided jointly for school staff and other early 

childhood education program providers, where applicable, to address the transition to elementary school, including issues related to school readiness across all 

major domains of early learning. 

(49) PROFESSIONAL GROWTH AND IMPROVEMENT SYSTEM.— 

(A) IN GENERAL.—The term ‘‘professional growth and 

improvement system’’ means a rigorous, transparent, and 

fair system of evaluation and support based on research 

and best practices for teachers and principals that— 

(i) provides meaningful feedback to teachers and 

principals on the results of their evaluation; 

(ii) establishes multiple categories of teacher and 

principal performance to ensure that the evaluation 

provides meaningful differentiation and is aligned 

with student academic achievement results; 

(iii) evaluates teachers and principals regularly 

consistent with research and best practices, including 

by using multiple measures; 

(iv) is directly aligned with professional development activities; 

(v) is developed and implemented with teacher and 

principal involvement; 

(vi) provides training for the evaluators who are 

responsible for conducting classroom and school level 

observations; 

(vii) for principals— 

(I) is based in significant part on evidence of 

improved student academic achievement and 

growth and student outcomes, including the 

English language proficiency of English learner 

students, and evidence of providing strong instructional leadership and support to teachers and 

other staff; and 

(II) may include other measures of principal 

performance such as parent and family engagement; and 

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(viii) for teachers, is based in significant part on 

each of the following: 

(I) Evidence of improved student academic 

achievement and growth that is limited to evidence-based or externally validated measures. 

(II) Observations of classroom teaching. 

(III) Other measures that inform teacher performance, which may include student perception 

surveys. 

(B) RULES OF CONSTRUCTION.—Nothing in this paragraph shall be construed to— 

(i) require a State or local educational agency to 

change the components of a teacher and principal evaluation system that has been approved by the Secretary 

pursuant to the Secretary’s waiver authority under section 9401 on the day before the date of enactment of the 

Strengthening America’s Schools Act of 2013; or 

(ii) alter or otherwise affect the rights, remedies, 

and procedures afforded school or school district employees under Federal, State, or local laws (including 

applicable regulations or court orders) or under the 

terms of collective bargaining agreements, memoranda 

of understanding, or other agreements between such 

employees and their employers. 

(50) REGULAR SECONDARY SCHOOL DIPLOMA.— (A) IN GENERAL.—The term ‘‘regular secondary school 

diploma’’ means the standard secondary school diploma 

awarded to the preponderance of students in the State that 

is fully aligned with State standards, or a higher diploma. 

Such term shall not include a GED or other recognized 

equivalent of a diploma, a certificate of attendance, or any 

lesser diploma award. 

(B) EXCEPTION FOR STUDENTS WITH SIGNIFICANT COG- NITIVE DISABILITIES.—For a student who has a significant 

cognitive disability and is assessed using an alternate assessment aligned to alternate academic achievement standards under section 1111(a)(1)(D), receipt of a regular secondary school diploma or a State-defined alternate diploma 

aligned with completion of the student’s right to a free appropriate public education under the Individuals with Disabilities Education Act shall be counted as graduating with 

a regular secondary school diploma for the purposes of this 

Act, except that not more than 1 percent of students served 

by a State or a local educational agency, as appropriate, 

shall be counted as graduates with a regular secondary 

school diploma under this subparagraph. 

(51) SCIENTIFICALLY BASED RESEARCH.—The term ‘‘scientifically based research’’— 

(A) means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities 

and programs; and 

(B) includes research that— 

(i) employs systematic, empirical methods that 

draw on observation or experiment; 

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(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; 

(iii) relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements 

and observations, and across studies by the same or 

different investigators; 

(iv) is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs, or activities are assigned to different conditions 

and with appropriate controls to evaluate the effects of 

the condition of interest, with a preference for randomassignment experiments, or other designs to the extent 

that those designs contain within-condition or acrosscondition controls; 

(v) ensures that experimental studies are presented 

in sufficient detail and clarity to allow for replication 

or, at a minimum, offer the opportunity to build systematically on their findings; and 

(vi) has been accepted by a peer-reviewed journal 

or approved by a panel of independent experts through 

a comparably rigorous, objective, and scientific review. 

(52) SCIENTIFICALLY VALID RESEARCH.—The term ‘‘scientifically valid research’’ includes applied research, basic research, 

and field-initiated research in which the rationale, design, and 

interpretation are soundly developed in accordance with principles of scientific research. 

(53) SECONDARY SCHOOL.—The term ‘‘secondary school’’ 

means a nonprofit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under State law, except that 

the term does not include any education beyond grade 12. 

(54) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education. 

(55) SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL; 

SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.— 

(A) SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL.—The term ‘‘specialized instructional support personnel’’ means school counselors, school social workers, 

school psychologists, school nurses, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is 

defined in section 602 of the Individuals with Disabilities 

Education Act) as part of a comprehensive program to meet 

student needs. 

(B) SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.— 

The term ‘‘specialized instructional support services’’ means 

the services provided by specialized instructional support 

personnel. 

(56) STATE.—The term ‘‘State’’ means each of the 50 States, 

the District of Columbia, the Commonwealth of Puerto Rico, 

and each of the outlying areas. 

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(57) STATE ADVISORY COUNCIL ON EARLY CHILDHOOD EDUCATION AND CARE.—The term ‘‘State Advisory Council on Early 

Childhood Education and Care’’ means the State Advisory 

Council on Early Childhood Education and Care designated or 

established under section 642B(b)(1)(A) of the Head Start Act 

(42 U.S.C. 9837b(b)(1)(A)). 

(58) STATE EDUCATIONAL AGENCY.—The term ‘‘State educational agency’’ means the agency primarily responsible for the 

State supervision of public elementary schools and secondary 

schools. 

(59) STUDENT WITH INTERRUPTED FORMAL EDUCATION.— 

The term ‘‘student with interrupted formal education’’ means a 

student identified as an English learner who— 

(A) enrolled in a United States school after grade 2; 

(B) has completed successfully 2 or more years less of 

schooling than students of the same age; 

(C) performs 2 years or more below grade level, as 

measured by State college and career ready student academic achievement standards; and 

(D) is preliterate in such student’s first language. 

(60) TEACHER MENTORING.—The term ‘‘teacher mentoring’’ 

means supporting teachers or principals to increase the effectiveness and retention of such teachers or principals through a 

program that— 

(A) includes clear criteria for the selection of mentors 

that takes into account the mentor’s— 

(i) effectiveness; and 

(ii) ability to facilitate adult learning; 

(B) provides high-quality training for mentors in how 

to support teachers or principals effectively; 

(C) provides regularly scheduled time for collaboration, 

examination of student work and achievement data, and 

ongoing opportunities for mentors and mentees to observe 

each other’s teaching or leading, and identify and address 

areas for improvement; and 

(D) matches mentees with mentors in the same field, 

grade, grade span, or subject area. 

(61) TEACHER OF ENGLISH LEARNERS.—The term ‘‘teacher of 

English learners’’ means a teacher who— 

(A) teaches students who are identified as English 

learners; 

(B) has as a primary role to support English learners 

with English language acquisition; and 

(C) is responsible for tracking the progress toward 

English proficiency of English learners. 

(62) TURNAROUND PARTNER.—The term ‘‘turnaround partner’’ means a public or private nonprofit organization, institution of higher education, or charter management organization, 

with a demonstrated record of successful school improvement. 

(63) UNIVERSAL DESIGN FOR LEARNING.—The term ‘‘universal design for learning’’ has the meaning given the term in 

section 103 of the Higher Education Act of 1965. 

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(64) YOUNG CHILD.—The term ‘‘young child’’ means an individual who has not reached the age at which the State in which 

the child resides requires mandatory school attendance. 

* * * * * * * 

PART D—WAIVERS 

SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS. 

(a) IN GENERAL.—* * * 

* * * * * * * 

(b) REQUEST FOR WAIVER.— (1) IN GENERAL.—* * * 

(A) * * * 

* * * * * * * 

(C) describes, for each school year, specific, measurable educational goalsø, in accordance with section 

1111(b),¿ for the State educational agency and for each 

local educational agency, Indian tribe, or school that would 

be affected by the waiver and the methods to be used to 

measure annually such progress for meeting such goals 

and outcomes; 

* * * * * * * 

(c) RESTRICTIONS.—The Secretary shall not waive under this 

section any statutory or regulatory requirements relating to— 

(1) * * * 

* * * * * * * 

(8) the requirement for a charter school under øsubpart 1 

of part B of title V¿subpart 1 of part D of title V; 

* * * * * * * 

(e) REPORTS.— (1) LOCAL WAIVER.—* * * 

* * * * * * * 

(4) REPORT TO CONGRESS.—Beginning in fiscal year 2002 

and for each subsequent year, the Secretary shall submit to 

øthe Committee on Education and the Workforce of the House 

of Representatives and the Committee on Health, Education, 

Labor, and Pensions of the Senate¿the authorizing committees 

a report— 

(A) * * * 

* * * * * * * 

PART E—UNIFORM PROVISIONS 

Subpart 1—Private Schools 

SEC. 9501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND 

TEACHERS. 

(a) PRIVATE SCHOOL PARTICIPATION.— 

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(1) IN GENERAL.— * * * 

* * * * * * * 

(b) APPLICABILITY.— ø(1) IN GENERAL.—This section applies to programs 

under— 

ø(A) subparts 1 and 3 of part B of title I; 

ø(B) part C of title I; 

ø(C) part A of title II, to the extent provided in paragraph (3); 

ø(D) part B of title II; 

ø(E) part D of title II; 

ø(F) part A of title III; 

ø(G) part A of title IV; and 

ø(H) part B of title IV.¿ 

(1) IN GENERAL.—This section applies to programs under— 

(A) part C of title I; 

(B) part A of title II, to the extent provided in paragraph (3); 

(C) part A of title III; 

(D) part A of title IV; 

(E) part B of title IV; 

(F) part D of title IV; and 

(G) part F of title IV. 

(2) DEFINITION.—* * * 

* * * * * * * 

Subpart 2—Other Provisions 

SEC. 9521. MAINTENANCE OF EFFORT. 

(a) IN GENERAL.—* * * 

* * * * * * * 

SEC. 9532. UNSAFE SCHOOL CHOICE OPTION. 

(a) UNSAFE SCHOOL CHOICE POLICY.—Each State receiving 

funds under this Act shall establish and implement a statewide 

policy requiring that a student øattending a persistently dangerous 

public elementary school or secondary school, as determined by the 

State in consultation with a representative sample of local educational agencies, or who becomes a victim of¿who is threatened 

with, or becomes a victim of, a violent criminal offense, as determined by State law, while in or on the grounds of a public elementary school or secondary school that the student attends, be allowed 

to attend a safe public elementary school or secondary school within the local educational agency, including a public charter school. 

* * * * * * * 

SEC. 9534. CIVIL RIGHTS. 

(a) IN GENERAL.—* * * 

(b) RULE OF CONSTRUCTION.—Nothing in this Act shall be construed to require the disruption of services to a child or the displacement of a child enrolled in or participating in a program administered by an eligible entity, as defined in section 1116 of title 

I and øpart B of title V¿part D of title V, at the commencement of 

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the entity’s participation in a grant under section 1116 of title I or 

øpart B of title V¿part D of title V. 

* * * * * * * 

SEC. 9537. GEOGRAPHIC DIVERSITY. 

When awarding grants on a competitive basis under this Act, 

the Secretary shall ensure geographic diversity. 

ƒSubpart 5≈Subpart 3—Teacher Liability 

Protection 

ƒSEC. 2361.≈SEC. 9541. SHORT TITLE. 

This subpart may be cited as the ‘‘Paul D. Coverdell Teacher 

Protection Act of 2001’’. 

ƒSEC. 2362.≈SEC. 9542. PURPOSE. 

The purpose of this subpart is to provide teachers, principals, 

and other school professionals the tools they need to undertake reasonable actions to maintain order, discipline, and an appropriate 

educational environment. 

ƒSEC. 2363.≈SEC. 9543. DEFINITIONS. 

For purposes of this subpart: 

(1) ECONOMIC LOSS.—The term ‘‘economic loss’’ means any 

pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense 

loss, replacement services loss, loss due to death, burial costs, 

and loss of business or employment opportunities) to the extent 

recovery for such loss is allowed under applicable State law. 

(2) HARM.—The term ‘‘harm’’ includes physical, nonphysical, economic, and noneconomic losses. 

(3) NONECONOMIC LOSS.—The term ‘‘noneconomic loss’’ 

means loss for physical or emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss 

of enjoyment of life, loss of society or companionship, loss of 

consortium (other than loss of domestic service), hedonic damages, injury to reputation, or any other nonpecuniary loss of any 

kind or nature. 

(4) SCHOOL.—The term ‘‘school’’ means a public or private 

kindergarten, a public or private elementary school or secondary school, or a home school. 

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

States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, 

Guam, American Samoa, the Commonwealth of the Northern 

Mariana Islands, any other territory or possession of the United 

States, or any political subdivision of any such State, territory, 

or possession. 

(6) TEACHER.—The term ‘‘teacher’’ means— 

(A) a teacher, instructor, principal, or administrator; 

(B) another educational professional who works in a 

school; 

(C) a professional or nonprofessional employee who— 

(i) works in a school; and 

(ii)(I) in the employee’s job, maintains discipline or 

ensures safety; or 

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(II) in an emergency, is called on to maintain discipline or ensure safety; or 

(D) an individual member of a school board (as distinct from the board). 

ƒSEC. 2364.≈SEC. 9544. APPLICABILITY. 

This subpart shall only apply to States that receive funds under 

this Act, and shall apply to such a State as a condition of receiving 

such funds. 

ƒSEC. 2365.≈SEC. 9545. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. 

(a) PREEMPTION.—This subpart preempts the laws of any State 

to the extent that such laws are inconsistent with this subpart, except that this subpart shall not preempt any State law that provides 

additional protection from liability relating to teachers. 

(b) ELECTION OF STATE REGARDING NONAPPLICABILITY.—This 

subpart shall not apply to any civil action in a State court against 

a teacher with respect to claims arising within that State if such 

State enacts a statute in accordance with State requirements for enacting legislation— 

(1) citing the authority of this subsection; 

(2) declaring the election of such State that this subpart 

shall not apply, as of a date certain, to such civil action in the 

State; and 

(3) containing no other provisions. 

ƒSEC. 2366.≈SEC. 9546. LIMITATION ON LIABILITY FOR TEACHERS. 

(a) LIABILITY PROTECTION FOR TEACHERS.—Except as provided 

in subsection (b), no teacher in a school shall be liable for harm 

caused by an act or omission of the teacher on behalf of the school 

if— 

(1) the teacher was acting within the scope of the teacher’s 

employment or responsibilities to a school or governmental entity; 

(2) the actions of the teacher were carried out in conformity 

with Federal, State, and local laws (including rules and regulations) in furtherance of efforts to control, discipline, expel, or 

suspend a student or maintain order or control in the classroom 

or school; 

(3) if appropriate or required, the teacher was properly licensed, certified, or authorized by the appropriate authorities 

for the activities or practice involved in the State in which the 

harm occurred, where the activities were or practice was undertaken within the scope of the teacher’s responsibilities; 

(4) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, 

flagrant indifference to the rights or safety of the individual 

harmed by the teacher; and 

(5) the harm was not caused by the teacher operating a 

motor vehicle, vessel, aircraft, or other vehicle for which the 

State requires the operator or the owner of the vehicle, craft, or 

vessel to— 

(A) possess an operator’s license; or 

(B) maintain insurance. 

(b) EXCEPTIONS TO TEACHER LIABILITY PROTECTION.—If the 

laws of a State limit teacher liability subject to one or more of the 

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following conditions, such conditions shall not be construed as inconsistent with this section: 

(1) A State law that requires a school or governmental entity to adhere to risk management procedures, including mandatory training of teachers. 

(2) A State law that makes the school or governmental entity liable for the acts or omissions of its teachers to the same extent as an employer is liable for the acts or omissions of its employees. 

ƒate law that makes a limitation of liability inapplicable if 

the civil action was brought by an officer of a State or local government pursuant to State or local law.≈ 

(3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or 

local government pursuant to State or local law. 

(c) LIMITATION ON PUNITIVE DAMAGES BASED ON THE ACTIONS

OF TEACHERS.— 

(1) GENERAL RULE.—Punitive damages may not be awarded against a teacher in an action brought for harm based on 

the act or omission of a teacher acting within the scope of the 

teacher’s employment or responsibilities to a school or governmental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an 

act or omission of such teacher that constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the 

rights or safety of the individual harmed. 

(2) CONSTRUCTION.—Paragraph (1) does not create a cause 

of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law would 

further limit the award of punitive damages. 

(d) EXCEPTIONS TO LIMITATIONS ON LIABILITY.— 

(1) IN GENERAL.—The limitations on the liability of a teacher under this subpart shall not apply to any misconduct that— 

(A) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act 

of international terrorism (as that term is defined in section 

2331 of title 18, United States Code) for which the defendant has been convicted in any court; 

(B) involves a sexual offense, as defined by applicable 

State law, for which the defendant has been convicted in 

any court; 

(C) involves misconduct for which the defendant has 

been found to have violated a Federal or State civil rights 

law; or 

(D) where the defendant was under the influence (as 

determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct. 

(2) HIRING.—The limitations on the liability of a teacher 

under this subpart shall not apply to misconduct during background investigations, or during other actions, involved in the 

hiring of a teacher. 

(e) RULES OF CONSTRUCTION.— 

(1) CONCERNING RESPONSIBILITY OF TEACHERS TO SCHOOLS

AND GOVERNMENTAL ENTITIES.—Nothing in this section shall be 

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construed to affect any civil action brought by any school or any 

governmental entity against any teacher of such school. 

(2) CONCERNING CORPORAL PUNISHMENT.—Nothing in this 

subpart shall be construed to affect any State or local law (including a rule or regulation) or policy pertaining to the use of 

corporal punishment. 

ƒSEC. 2367.≈SEC. 9547. ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC LOSS. 

(a) GENERAL RULE.—In any civil action against a teacher, 

based on an act or omission of a teacher acting within the scope of 

the teacher’s employment or responsibilities to a school or governmental entity, the liability of the teacher for noneconomic loss shall 

be determined in accordance with subsection (b). 

(b) AMOUNT OF LIABILITY.— 

(1) IN GENERAL.— 

(A) LIABILITY.—Each defendant who is a teacher shall 

be liable only for the amount of noneconomic loss allocated 

to that defendant in direct proportion to the percentage of 

responsibility of that defendant (determined in accordance 

with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable. 

(B) SEPARATE JUDGMENT.—The court shall render a 

separate judgment against each defendant in an amount 

determined pursuant to subparagraph (A). 

(2) PERCENTAGE OF RESPONSIBILITY.—For purposes of determining the amount of noneconomic loss allocated to a defendant who is a teacher under this section, the trier of fact 

shall determine the percentage of responsibility of each person 

responsible for the claimant’s harm, whether or not such person 

is a party to the action. 

(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to preempt or supersede any Federal or State law that 

further limits the application of joint liability in a civil action described in subsection (a), beyond the limitations established in this 

section. 

ƒSEC. 2368.≈SEC. 9548. EFFECTIVE DATE. 

(a) IN GENERAL.—This subpart shall take effect 90 days after 

the date of enactment of the No Child Left Behind Act of 2001. 

(b) APPLICATION.—This subpart applies to any claim for harm 

caused by an act or omission of a teacher if that claim is filed on 

or after the effective date of the No Child Left Behind Act of 2001 

without regard to whether the harm that is the subject of the claim 

or the conduct that caused the harm occurred before such effective 

date. 

PART F—EVALUATIONS 

øSEC. 9601. ø20 U.S.C. 7941¿ EVALUATIONS. 

ø(a) RESERVATION OF FUNDS.—Except as provided in subsections (b) and (c), the Secretary may reserve not more than 0.5 

percent of the amount appropriated to carry out each categorical 

program and demonstration project authorized under this Act— 

ø(1) to conduct— 

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ø(A) comprehensive evaluations of the program or 

project; and 

ø(B) studies of the effectiveness of the program or 

project and its administrative impact on schools and local 

educational agencies; 

ø(2) to evaluate the aggregate short- and long-term effects 

and cost efficiencies across Federal programs assisted or authorized under this Act and related Federal preschool, elementary, and secondary programs under any other Federal law; 

and 

ø(3) to increase the usefulness of evaluations of grant recipients in order to ensure the continuous progress of the program or project by improving the quality, timeliness, efficiency, 

and use of information relating to performance under the program or project. 

ø(b) TITLES I AND III EXCLUDED.—The Secretary may not reserve under subsection (a) funds appropriated to carry out any program authorized under title I or title III. 

ø(c) EVALUATION ACTIVITIES AUTHORIZED ELSEWHERE.—If, 

under any other provision of this Act (other than title I), funds are 

authorized to be reserved or used for evaluation activities with respect to a program or project, the Secretary may not reserve additional funds under this section for the evaluation of that program 

or project.¿ 

‘‘SEC. 9601. EVALUATION AUTHORITY. 

‘‘(a) RESERVATION OF FUNDS.—Except as provided in subsection 

(b), the Secretary may reserve not less than 1 percent and not more 

than 3 percent of the amount appropriated to carry out each categorical program and demonstration project authorized under this 

Act. The reserved amounts shall be used by the Secretary, acting 

through the Director of the Institute of Education Sciences, to— 

‘‘(1) conduct— 

‘‘(A) comprehensive, high-quality evaluations of the program or project that— 

‘‘(i) provide information to inform policy-making 

and to support continuous program improvement; and 

‘‘(ii) use methods appropriate for the questions 

being asked; and 

‘‘(B) impact evaluations that employ experimental or 

quasi-experimental designs, where practicable and appropriate, and other rigorous methodologies that permit the 

strongest possible causal inferences; 

‘‘(2) provide technical assistance to grant recipients on— 

‘‘(A) the conduct of the evaluation activities that the 

grantees carry out under this Act; and 

‘‘(B) the collection and reporting of performance data 

relating to the program or project; 

‘‘(3) evaluate the aggregate short- and long-term effects and 

cost efficiencies across Federal programs assisted or authorized 

under this Act and related Federal preschool, elementary, and 

secondary programs under any other Federal law; 

‘‘(4) increase the usefulness of evaluations of grant recipients in order to ensure the continuous progress of the program 

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semination, and use of information relating to performance 

under the program or project; and 

‘‘(5) identify and disseminate research and best practices related to the programs and projects authorized under this Act to 

build the evidence base for the programs and projects that effectively meet the goals of this Act. 

‘‘(b) TITLE I.—The Secretary shall reserve under subsection (a) 

1 percent of the funds appropriated to carry out title I. 

‘‘(c) EVALUATION PLAN.—Beginning not later than 1 year after 

the date of enactment of the Strengthening America’s Schools Act of 

2013, the Secretary shall annually develop and submit to Congress 

a plan that— 

‘‘(1) describes the timeline for evaluation of the programs 

and projects authorized under this Act; and 

‘‘(2) describes the specific evaluation activities that the Secretary intends to carry out for such programs and projects during the next year. 

‘‘(d) EVALUATION ACTIVITIES AUTHORIZED ELSEWHERE.—If, 

under any other provision of this Act (other than title I), funds are 

authorized to be reserved or used for evaluation activities with respect to a program or project, the Secretary may not reserve additional funds under this section for the evaluation of that program 

or project. 

‘‘(e) SPECIAL RULE REGARDING ALLOCATION FOR IMPACT EVALUATIONS.—The Secretary shall use not less than 30 percent of the 

funds reserved under this section for each of the fiscal years 2014 

through 2019, in the aggregate for each year, for impact evaluations 

that meet the requirements of subsection (a)(1). 

PART G—MISCELLANEOUS PROVISIONS 

* * * * * * * 

ƒSubpart 3≈Subpart 1—Gun Possession 

ƒSEC. 4141.≈SEC. 9701. GUN-FREE REQUIREMENTS. 

(a) SHORT TITLE.—This subpart may be cited as the ‘‘Gun-Free 

Schools Act’’. 

(b) REQUIREMENTS.— 

(1) IN GENERAL.—Each State receiving Federal funds under 

any title of this Act shall have in effect a State law requiring 

local educational agencies to expel from school for a period of 

not less than 1 year a student who is determined to have 

brought a firearm to a school, or to have possessed a firearm 

at a school, under the jurisdiction of local educational agencies 

in that State, except that such State law shall allow the chief 

administering officer of a local educational agency to modify 

such expulsion requirement for a student on a case-by-case 

basis if such modification is in writing. 

(2) CONSTRUCTION.—Nothing in this subpart shall be construed to prevent a State from allowing a local educational 

agency that has expelled a student from such a student’s regular school setting from providing educational services to such 

student in an alternative setting. 

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(3) DEFINITION.—For the purpose of this section, the term 

‘‘firearm’’ has the same meaning given such term in section 

921(a) of title 18, United States Code. 

(c) SPECIAL RULE.—The provisions of this section shall be construed in a manner consistent with the Individuals with Disabilities 

Education Act. 

(d) REPORT TO STATE.—Each local educational agency requesting assistance from the State educational agency that is to be provided from funds made available to the State under any title of this 

Act shall provide to the State, in the application requesting such assistance— 

(1) an assurance that such local educational agency is in 

compliance with the State law required by subsection (b); and 

(2) a description of the circumstances surrounding any expulsions imposed under the State law required by subsection 

(b), including— 

(A) the name of the school concerned; 

(B) the number of students expelled from such school; 

and 

(C) the type of firearms concerned. 

(e) REPORTING.—Each State shall report the information described in subsection (d) to the Secretary on an annual basis. 

(f) DEFINITION.—For the purpose of subsection (d), the term 

‘‘school’’ means any setting that is under the control and supervision 

of the local educational agency for the purpose of student activities 

approved and authorized by the local educational agency. 

(g) EXCEPTION.—Nothing in this section shall apply to a firearm that is lawfully stored inside a locked vehicle on school property, or if it is for activities approved and authorized by the local 

educational agency and the local educational agency adopts appropriate safeguards to ensure student safety. 

(h) POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.— 

(1) IN GENERAL.—No funds shall be made available under 

any title of this Act to any local educational agency unless such 

agency has a policy requiring referral to the criminal justice or 

juvenile delinquency system of any student who brings a firearm or weapon to a school served by such agency. 

(2) DEFINITION.—For the purpose of this subsection, the 

term ‘‘school’’ has the same meaning given to such term by section 921(a) of title 18, United States Code. 

øPART C—ENVIRONMENTAL TOBACCO 

SMOKE¿Subpart 2—Environmental Tobacco 

Smoke 

øSEC. 4301.¿SEC. 9721. SHORT TITLE. 

This ƒpart≈subpart may be cited as the ‘‘Pro-Children Act of 

2001’’. 

øSEC. 4302.¿SEC. 9722. DEFINITIONS. 

As used in this ƒpart≈subpart: 

(1) CHILDREN.—The term ‘‘children’’ means individuals 

who have not attained the age of 18. 

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(2) CHILDREN’S SERVICES.—The term ‘‘children’s services’’ 

means the provision on a routine or regular basis of health, day 

care, education, or library services— 

(A) that are funded, after the date of enactment of the 

No Child Left Behind Act of 2001, directly by the Federal 

Government or through State or local governments, by Federal grant, loan, loan guarantee, or contract programs— 

(i) administered by either the Secretary of Health 

and Human Services or the Secretary of Education 

(other than services provided and funded solely under 

titles XVIII and XIX of the Social Security Act); or 

(ii) administered by the Secretary of Agriculture in 

the case of a clinic (as defined in part 246.2 of title 7, 

Code of Federal Regulations (or any corresponding 

similar regulation or ruling)) under section 17(b)(6) of 

the Child Nutrition Act of 1966; or 

(B) that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds, 

as determined by the appropriate head of a Federal agency 

in any enforcement action carried out under this 

ƒpart≈subpart, 

except that nothing in clause (ii) of subparagraph (A) is intended to include facilities (other than clinics) where coupons 

are redeemed under the Child Nutrition Act of 1966. 

(3) INDOOR FACILITY.—The term ‘‘indoor facility’’ means a 

building that is enclosed. 

(4) PERSON.—The term ‘‘person’’ means any State or local 

subdivision of a State, agency of such State or subdivision, corporation, or partnership that owns or operates or otherwise controls and provides children’s services or any individual who 

owns or operates or otherwise controls and provides such services. 

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Health and Human Services. 

øSEC. 4303.¿SEC. 9723. NONSMOKING POLICY FOR CHILDREN’S SERVICES. 

(a) PROHIBITION.—After the date of enactment of the No Child 

Left Behind Act of 2001, no person shall permit smoking within any 

indoor facility owned or leased or contracted for, and utilized, by 

such person for provision of routine or regular kindergarten, elementary, or secondary education or library services to children. 

(b) ADDITIONAL PROHIBITION.— 

(1) IN GENERAL.—After the date of enactment of the No 

Child Left Behind Act of 2001, no person shall permit smoking 

within any indoor facility (or portion of such a facility) owned 

or leased or contracted for, and utilized by, such person for the 

provision of regular or routine health care or day care or early 

childhood development (Head Start) services. 

(2) EXCEPTION.—Paragraph (1) shall not apply to— 

(A) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or addicted to, drugs or alcohol; and 

(B) any private residence. 

(c) FEDERAL AGENCIES.— 

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(1) KINDERGARTEN, ELEMENTARY, OR SECONDARY EDU- CATION OR LIBRARY SERVICES.—After the date of enactment of 

the No Child Left Behind Act of 2001, no Federal agency shall 

permit smoking within any indoor facility in the United States 

operated by such agency, directly or by contract, to provide routine or regular kindergarten, elementary, or secondary education or library services to children. 

(2) HEALTH OR DAY CARE OR EARLY CHILDHOOD DEVELOP- MENT SERVICES.— (A) IN GENERAL.—After the date of enactment of the No 

Child Left Behind Act of 2001, no Federal agency shall permit smoking within any indoor facility (or portion of such 

facility) operated by such agency, directly or by contract, to 

provide routine or regular health or day care or early childhood development (Head Start) services to children. 

(B) EXCEPTION.—Subparagraph (A) shall not apply 

to— 

(i) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, 

or addicted to, drugs or alcohol; and 

(ii) any private residence. 

(3) APPLICATION OF PROVISIONS.—The provisions of paragraph (2) shall also apply to the provision of such routine or 

regular kindergarten, elementary or secondary education or library services in the facilities described in paragraph (2) not 

subject to paragraph (1). 

(d) NOTICE.—The prohibitions in subsections (a) through (c) 

shall be published in a notice in the Federal Register by the Secretary (in consultation with the heads of other affected agencies) 

and by such agency heads in funding arrangements involving the 

provision of children’s services administered by such heads. Such 

prohibitions shall be effective 90 days after such notice is published, 

or 270 days after the date of enactment of the No Child Left Behind 

Act of 2001, whichever occurs first. 

(e) CIVIL PENALTIES.— (1) IN GENERAL.—Any failure to comply with a prohibition 

in this section shall be considered to be a violation of this section and any person subject to such prohibition who commits 

such violation may be liable to the United States for a civil penalty in an amount not to exceed $1,000 for each violation, or 

may be subject to an administrative compliance order, or both, 

as determined by the Secretary. Each day a violation continues 

shall constitute a separate violation. In the case of any civil 

penalty assessed under this section, the total amount shall not 

exceed 50 percent of the amount of Federal funds received under 

any title of this Act by such person for the fiscal year in which 

the continuing violation occurred. For the purpose of the prohibition in subsection (c), the term ‘‘person’’, as used in this paragraph, shall mean the head of the applicable Federal agency or 

the contractor of such agency providing the services to children. 

(2) ADMINISTRATIVE PROCEEDING.—A civil penalty may be 

assessed in a written notice, or an administrative compliance 

order may be issued under paragraph (1), by the Secretary only 

after an opportunity for a hearing in accordance with section 

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978 

ment or issuing such order, or both, the Secretary shall give 

written notice of the assessment or order to such person by certified mail with return receipt and provide information in the 

notice of an opportunity to request in writing, not later than 30 

days after the date of receipt of such notice, such hearing. The 

notice shall reasonably describe the violation and be accompanied with the procedures for such hearing and a simple form 

that may be used to request such hearing if such person desires 

to use such form. If a hearing is requested, the Secretary shall 

establish by such certified notice the time and place for such 

hearing, which shall be located, to the greatest extent possible, 

at a location convenient to such person. The Secretary (or the 

Secretary’s designee) and such person may consult to arrange a 

suitable date and location where appropriate. 

(3) CIRCUMSTANCES AFFECTING PENALTY OR ORDER.—In determining the amount of the civil penalty or the nature of the 

administrative compliance order, the Secretary shall take into 

account, as appropriate— 

(A) the nature, circumstances, extent, and gravity of the 

violation; 

(B) with respect to the violator, any good faith efforts 

to comply, the importance of achieving early and permanent compliance, the ability to pay or comply, the effect of 

the penalty or order on the ability to continue operation, 

any prior history of the same kind of violation, the degree 

of culpability, and any demonstration of willingness to 

comply with the prohibitions of this section in a timely 

manner; and 

ƒC) such other matters as justice may require.≈ 

(C) such other matters as justice may require. 

(4) MODIFICATION.—The Secretary may, as appropriate, 

compromise, modify, or remit, with or without conditions, any 

civil penalty or administrative compliance order. In the case of 

a civil penalty, the amount, as finally determined by the Secretary or agreed upon in compromise, may be deducted from 

any sums that the United States or the agencies or instrumentalities of the United States owe to the person against whom the 

penalty is assessed. 

(5) PETITION FOR REVIEW.—Any person aggrieved by a penalty assessed or an order issued, or both, by the Secretary under 

this section may file a petition for judicial review of the order 

with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the person resides or transacts business. Such person shall provide a copy of 

the petition to the Secretary or the Secretary’s designee. The petition shall be filed within 30 days after the Secretary’s assessment or order, or both, are final and have been provided to 

such person by certified mail. The Secretary shall promptly provide to the court a certified copy of the transcript of any hearing 

held under this section and a copy of the notice or order. 

(6) FAILURE TO COMPLY.—If a person fails to pay an assessment of a civil penalty or comply with an order, after the assessment or order, or both, are final under this section, or after 

a court has entered a final judgment under paragraph (5) in 

favor of the Secretary, the Attorney General, at the request of 

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979 

the Secretary, shall recover the amount of the civil penalty (plus 

interest at prevailing rates from the day the assessment or 

order, or both, are final) or enforce the order in an action 

brought in the appropriate district court of the United States. 

In such action, the validity and appropriateness of the penalty 

or order or the amount of the penalty shall not be subject to review. 

øSEC. 4304.¿SEC. 9724. PREEMPTION. 

Nothing in this ƒpart≈subpart is intended to preempt any provision of law of a State or political subdivision of a State that is 

more restrictive than a provision of this ƒpart≈subpart. 

* * * * * * * 

42 U.S.C. 1988 

* * * * * * * 

REVISED STATUTES 

* * * * * * * 

SEC. 722. 

* * * * * * * 

(b) Attorney’s fees. In any action or proceeding to enforce a provision of sections 1977, 1977A, 1978, 1979, 1980, and 1981 of the 

Revised Statutes [42 USCS §§ 1981–1983, 1985, 1986], title IX of 

Public Law 92–318 [20 USCS §§ 1681 et seq.], the Religious Freedom Restoration Act of 1993, the Religious Land Use and Institutionalized Persons Act of 2000, the Student Non-Discrimination Act 

of 2013, title VI of the Civil Rights Act of 1964 [42 USCS §§ 2000d 

et seq.], or section 40302 of the Violence Against Women Act of 

1994, the court, in its discretion, may allow the prevailing party, 

other than the United States, a reasonable attorney’s fee as part 

of the costs, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity 

such officer shall not be held liable for any costs, including attorney’s fees, unless such action was clearly in excess of such officer’s 

jurisdiction. 

TITLE XI—AMENDMENTS TO OTHER 

LAWS; MISCELLANEOUS PROVISIONS 

PART A—AMENDMENTS TO OTHER LAWS 

Subpart 1—McKinney-Vento Homeless Assistance 

Act 

SEC. 11011. SHORT TITLE. 

This subpart may be cited as the ‘‘McKinney-Vento Homeless 

Education Reauthorization Act of 2013’’. 

MCKINNEY-VENTO HOMELESS ASSISTANCE ACT 

* * * * * * * 

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980 

øSubtitle B—Education for Homeless 

Children and Youths¿ 

øSEC. 721. STATEMENT OF POLICY. 

øThe following is the policy of the Congress: 

ø(1) Each State educational agency shall ensure that each 

child of a homeless individual and each homeless youth has 

equal access to the same free, appropriate public education, including a public preschool education, as provided to other children and youths. 

ø(2) In any State that has a compulsory residency requirement as a component of the State’s compulsory school attendance laws or other laws, regulations, practices, or policies that 

may act as a barrier to the enrollment, attendance, or success 

in school of homeless children and youths, the State will review and undertake steps to revise such laws, regulations, 

practices, or policies to ensure that homeless children and 

youths are afforded the same free, appropriate public education 

as provided to other children and youths. 

ø(3) Homelessness alone is not sufficient reason to separate students from the mainstream school environment. 

ø(4) Homeless children and youths should have access to 

the education and other services that such children and youths 

need to ensure that such children and youths have an opportunity to meet the same challenging State student academic 

achievement standards to which all students are held. 

øSEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTHS. 

ø(a) GENERAL AUTHORITY.—The Secretary is authorized to 

make grants to States in accordance with the provisions of this section to enable such States to carry out the activities described in 

subsections (d) through (g). 

ø(b) APPLICATION.—No State may receive a grant under this 

section unless the State educational agency submits an application 

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

accompanied by such information as the Secretary may reasonably 

require. 

ø(c) ALLOCATION AND RESERVATIONS.— 

ø(1) ALLOCATION.—(A) Subject to subparagraph (B), the 

Secretary is authorized to allot to each State an amount that 

bears the same ratio to the amount appropriated for such year 

under section 726 that remains after the Secretary reserves 

funds under paragraph (2) and uses funds to carry out section 

724(d) and (h), as the amount allocated under section 1122 of 

the Elementary and Secondary Education Act of 1965 to the 

State for that year bears to the total amount allocated under 

section 1122 of such Act to all States for that year, except that 

no State shall receive less than the greater of— 

ø(i) $150,000; 

ø(ii) one-fourth of 1 percent of the amount appropriated under section 726 for that year; or 

ø(iii) the amount such State received under this section for fiscal year 2001. 

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981 

ø(B) If there are insufficient funds in a fiscal year to allot 

to each State the minimum amount under subparagraph (A), 

the Secretary shall ratably reduce the allotments to all States 

based on the proportionate share that each State received 

under this subsection for the preceding fiscal year. 

ø(2) RESERVATIONS.—(A) The Secretary is authorized to reserve 0.1 percent of the amount appropriated for each fiscal 

year under section 726 to be allocated by the Secretary among 

the United States Virgin Islands, Guam, American Samoa, and 

the Commonwealth of the Northern Mariana Islands, according 

to their respective need for assistance under this subtitle, as 

determined by the Secretary. 

ø(B)(i) The Secretary shall transfer 1 percent of the 

amount appropriated for each fiscal year under section 726 to 

the Department of the Interior for programs for Indian students served by schools funded by the Secretary of the Interior, 

as determined under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), that are consistent with the purposes of the programs described in this 

subtitle. 

ø(ii) The Secretary and the Secretary of the Interior shall 

enter into an agreement, consistent with the requirements of 

this subtitle, for the distribution and use of the funds described 

in clause (i) under terms that the Secretary determines best 

meet the purposes of the programs described in this subtitle. 

Such agreement shall set forth the plans of the Secretary of 

the Interior for the use of the amounts transferred, including 

appropriate goals, objectives, and milestones. 

ø(3) STATE DEFINED.—For purposes of this subsection, the 

term ‘‘State’’ does not include the United States Virgin Islands, 

Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands. 

ø(d) ACTIVITIES.—Grants under this section shall be used for 

the following: 

ø(1) To carry out the policies set forth in section 721 in the 

State. 

ø(2) To provide activities for, and services to, homeless 

children, including preschool-aged homeless children, and 

youths that enable such children and youths to enroll in, attend, and succeed in school, or, if appropriate, in preschool programs. 

ø(3) To establish or designate an Office of Coordinator for 

Education of Homeless Children and Youths in the State educational agency in accordance with subsection (f). 

ø(4) To prepare and carry out the State plan described in 

subsection (g). 

ø(5) To develop and implement professional development 

programs for school personnel to heighten their awareness of, 

and capacity to respond to, specific problems in the education 

of homeless children and youths. 

ø(e) STATE AND LOCAL SUBGRANTS.— ø(1) MINIMUM DISBURSEMENTS BY STATES.—From the sums 

made available each year to carry out this subtitle, the State 

educational agency shall distribute not less than 75 percent in 

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982 

rying out section 723, except that States funded at the minimum level set forth in subsection (c)(1) shall distribute not 

less than 50 percent in subgrants to local educational agencies 

for the purposes of carrying out section 723. 

ø(2) USE BY STATE EDUCATIONAL AGENCY.—A State educational agency may use funds made available for State use 

under this subtitle to conduct activities under subsection (f) directly or through grants or contracts. 

ø(3) PROHIBITION ON SEGREGATING HOMELESS STUDENTS.— ø(A) IN GENERAL.—Except as provided in subparagraph (B) and section 723(a)(2)(B)(ii), in providing a free 

public education to a homeless child or youth, no State receiving funds under this subtitle shall segregate such child 

or youth in a separate school, or in a separate program 

within a school, based on such child’s or youth’s status as 

homeless. 

ø(B) EXCEPTION.—Notwithstanding subparagraph (A), 

paragraphs (1)(J)(i) and (3) of subsection (g), section 

723(a)(2), and any other provision of this subtitle relating 

to the placement of homeless children or youths in schools, 

a State that has a separate school for homeless children or 

youths that was operated in fiscal year 2000 in a covered 

county shall be eligible to receive funds under this subtitle 

for programs carried out in such school if— 

ø(i) the school meets the requirements of subparagraph (C); 

ø(ii) any local educational agency serving a school 

that the homeless children and youths enrolled in the 

separate school are eligible to attend meets the requirements of subparagraph (E); and 

ø(iii) the State is otherwise eligible to receive 

funds under this subtitle. 

ø(C) SCHOOL REQUIREMENTS.—For the State to be eligible under subparagraph (B) to receive funds under this 

subtitle, the school described in such subparagraph shall— 

ø(i) provide written notice, at the time any child 

or youth seeks enrollment in such school, and at least 

twice annually while the child or youth is enrolled in 

such school, to the parent or guardian of the child or 

youth (or, in the case of an unaccompanied youth, the 

youth) that— 

ø(I) shall be signed by the parent or guardian 

(or, in the case of an unaccompanied youth, the 

youth); 

ø(II) sets forth the general rights provided 

under this subtitle; 

ø(III) specifically states— 

ø(aa) the choice of schools homeless children and youths are eligible to attend, as provided in subsection (g)(3)(A); 

ø(bb) that no homeless child or youth is 

required to attend a separate school for homeless children or youths; 

ø(cc) that homeless children and youths 

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scribed in subsection (g)(4), including transportation services, educational services, and 

meals through school meals programs; and 

ø(dd) that homeless children and youths 

should not be stigmatized by school personnel; 

and 

ø(IV) provides contact information for the 

local liaison for homeless children and youths and 

the State Coordinator for Education of Homeless 

Children and Youths; 

ø(ii)(I) provide assistance to the parent or guardian of each homeless child or youth (or, in the case of 

an unaccompanied youth, the youth) to exercise the 

right to attend the parent’s or guardian’s (or youth’s) 

choice of schools, as provided in subsection (g)(3)(A); 

and 

ø(II) coordinate with the local educational agency 

with jurisdiction for the school selected by the parent 

or guardian (or youth), to provide transportation and 

other necessary services; 

ø(iii) ensure that the parent or guardian (or, in 

the case of an unaccompanied youth, the youth) shall 

receive the information required by this subparagraph 

in a manner and form understandable to such parent 

or guardian (or youth), including, if necessary and to 

the extent feasible, in the native language of such parent or guardian (or youth); and 

ø(iv) demonstrate in the school’s application for 

funds under this subtitle that such school— 

ø(I) is complying with clauses (i) and (ii); and 

ø(II) is meeting (as of the date of submission 

of the application) the same Federal and State 

standards, regulations, and mandates as other 

public schools in the State (such as complying 

with sections 1111 and 1116 of the Elementary 

and Secondary Education Act of 1965 and providing a full range of education and related services, including services applicable to students with 

disabilities). 

ø(D) SCHOOL INELIGIBILITY.—A separate school described in subparagraph (B) that fails to meet the standards, regulations, and mandates described in subparagraph (C)(iv)(II) shall not be eligible to receive funds under 

this subtitle for programs carried out in such school after 

the first date of such failure. 

ø(E) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.— 

For the State to be eligible to receive the funds described 

in subparagraph (B), the local educational agency described in subparagraph (B)(ii) shall— 

ø(i) implement a coordinated system for ensuring 

that homeless children and youths— 

ø(I) are advised of the choice of schools provided in subsection (g)(3)(A); 

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ø(II) are immediately enrolled, in accordance 

with subsection (g)(3)(C), in the school selected 

under subsection (g)(3)(A); and 

ø(III) are promptly provided necessary services described in subsection (g)(4), including transportation, to allow homeless children and youths 

to exercise their choices of schools under subsection (g)(3)(A); 

ø(ii) document that written notice has been provided— 

ø(I) in accordance with subparagraph (C)(i) 

for each child or youth enrolled in a separate 

school under subparagraph (B); and 

ø(II) in accordance with subsection 

(g)(6)(A)(v); 

ø(iii) prohibit schools within the agency’s jurisdiction from referring homeless children or youths to, or 

requiring homeless children and youths to enroll in or 

attend, a separate school described in subparagraph 

(B); 

ø(iv) identify and remove any barriers that exist 

in schools within the agency’s jurisdiction that may 

have contributed to the creation or existence of separate schools described in subparagraph (B); and 

ø(v) not use funds received under this subtitle to 

establish— 

ø(I) new or additional separate schools for 

homeless children or youths; or 

ø(II) new or additional sites for separate 

schools for homeless children or youths, other 

than the sites occupied by the schools described in 

subparagraph (B) in fiscal year 2000. 

ø(F) REPORT.— ø(i) PREPARATION.—The Secretary shall prepare a 

report on the separate schools and local educational 

agencies described in subparagraph (B) that receive 

funds under this subtitle in accordance with this paragraph. The report shall contain, at a minimum, information on— 

ø(I) compliance with all requirements of this 

paragraph; 

ø(II) barriers to school access in the school 

districts served by the local educational agencies; 

and 

ø(III) the progress the separate schools are 

making in integrating homeless children and 

youths into the mainstream school environment, 

including the average length of student enrollment in such schools. 

ø(ii) COMPLIANCE WITH INFORMATION REQUESTS.— For purposes of enabling the Secretary to prepare the 

report, the separate schools and local educational 

agencies shall cooperate with the Secretary and the 

State Coordinator for Education of Homeless Children 

and Youths established in the State under subsection 

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(d)(3), and shall comply with any requests for information by the Secretary and State Coordinator for such 

State. 

ø(iii) SUBMISSION.—Not later than 2 years after 

the date of enactment of the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, 

the Secretary shall submit the report described in 

clause (i) to— 

ø(I) the President; 

ø(II) the Committee on Education and the 

Workforce of the House of Representatives; and 

ø(III) the Committee on Health, Education, 

Labor, and Pensions of the Senate. 

ø(G) DEFINITION.—For purposes of this paragraph, the 

term ‘‘covered county’’ means— 

ø(i) San Joaquin County, California; 

ø(ii) Orange County, California; 

ø(iii) San Diego County, California; and 

ø(iv) Maricopa County, Arizona. 

ø(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.—The Coordinator for Education of Homeless Children and Youths established 

in each State shall— 

ø(1) gather reliable, valid, and comprehensive information 

on the nature and extent of the problems homeless children 

and youths have in gaining access to public preschool programs 

and to public elementary schools and secondary schools, the 

difficulties in identifying the special needs of such children and 

youths, any progress made by the State educational agency 

and local educational agencies in the State in addressing such 

problems and difficulties, and the success of the programs 

under this subtitle in allowing homeless children and youths to 

enroll in, attend, and succeed in, school; 

ø(2) develop and carry out the State plan described in subsection (g); 

ø(3) collect and transmit to the Secretary, at such time and 

in such manner as the Secretary may require, a report containing such information as the Secretary determines is necessary to assess the educational needs of homeless children 

and youths within the State; 

ø(4) facilitate coordination between the State educational 

agency, the State social services agency, and other agencies 

(including agencies providing mental health services) to provide services to homeless children, including preschool-aged 

homeless children, and youths, and to families of such children 

and youths; 

ø(5) in order to improve the provision of comprehensive 

education and related services to homeless children and youths 

and their families, coordinate and collaborate with— 

ø(A) educators, including child development and preschool program personnel; 

ø(B) providers of services to homeless and runaway 

children and youths and homeless families (including domestic violence agencies, shelter operators, transitional 

housing facilities, runaway and homeless youth centers, 

and transitional living programs for homeless youths); 

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ø(C) local educational agency liaisons designated 

under subsection (g)(1)(J)(ii) for homeless children and 

youths; and 

ø(D) community organizations and groups representing homeless children and youths and their families; 

and 

ø(6) provide technical assistance to local educational agencies in coordination with local educational agency liaisons designated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of section 

722(e)(3) and paragraphs (3) through (7) of subsection (g). 

ø(g) STATE PLAN.— 

ø(1) IN GENERAL.—Each State shall submit to the Secretary a plan to provide for the education of homeless children 

and youths within the State. Such plan shall include the following: 

ø(A) A description of how such children and youths are 

(or will be) given the opportunity to meet the same challenging State academic achievement standards all students are expected to meet. 

ø(B) A description of the procedures the State educational agency will use to identify such children and 

youths in the State and to assess their special needs. 

ø(C) A description of procedures for the prompt resolution of disputes regarding the educational placement of 

homeless children and youths. 

ø(D) A description of programs for school personnel 

(including principals, attendance officers, teachers, enrollment personnel, and pupil services personnel) to heighten 

the awareness of such personnel of the specific needs of 

runaway and homeless youths. 

ø(E) A description of procedures that ensure that 

homeless children and youths who meet the relevant eligibility criteria are able to participate in Federal, State, or 

local food programs. 

ø(F) A description of procedures that ensure that— 

ø(i) homeless children have equal access to the 

same public preschool programs, administered by the 

State agency, as provided to other children in the 

State; 

ø(ii) homeless youths and youths separated from 

the public schools are identified and accorded equal 

access to appropriate secondary education and support 

services; and 

ø(iii) homeless children and youths who meet the 

relevant eligibility criteria are able to participate in 

Federal, State, or local before- and after-school care 

programs. 

ø(G) Strategies to address problems identified in the 

report provided to the Secretary under subsection (f)(3). 

ø(H) Strategies to address other problems with respect 

to the education of homeless children and youths, including problems resulting from enrollment delays that are 

caused by— 

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ø(i) immunization and medical records requirements; 

ø(ii) residency requirements; 

ø(iii) lack of birth certificates, school records, or 

other documentation; 

ø(iv) guardianship issues; or 

ø(v) uniform or dress code requirements. 

ø(I) A demonstration that the State educational agency and local educational agencies in the State have developed, and shall review and revise, policies to remove barriers to the enrollment and retention of homeless children 

and youths in schools in the State. 

ø(J) Assurances that— 

ø(i) the State educational agency and local educational agencies in the State will adopt policies and 

practices to ensure that homeless children and youths 

are not stigmatized or segregated on the basis of their 

status as homeless; 

ø(ii) local educational agencies will designate an 

appropriate staff person, who may also be a coordinator for other Federal programs, as a local educational agency liaison for homeless children and 

youths, to carry out the duties described in paragraph 

(6)(A); and 

ø(iii) the State and its local educational agencies 

will adopt policies and practices to ensure that transportation is provided, at the request of the parent or 

guardian (or in the case of an unaccompanied youth, 

the liaison), to and from the school of origin, as determined in paragraph (3)(A), in accordance with the following, as applicable: 

ø(I) If the homeless child or youth continues 

to live in the area served by the local educational 

agency in which the school of origin is located, the 

child’s or youth’s transportation to and from the 

school of origin shall be provided or arranged by 

the local educational agency in which the school of 

origin is located. 

ø(II) If the homeless child’s or youth’s living 

arrangements in the area served by the local educational agency of origin terminate and the child 

or youth, though continuing his or her education 

in the school of origin, begins living in an area 

served by another local educational agency, the 

local educational agency of origin and the local 

educational agency in which the homeless child or 

youth is living shall agree upon a method to apportion the responsibility and costs for providing 

the child with transportation to and from the 

school of origin. If the local educational agencies 

are unable to agree upon such method, the responsibility and costs for transportation shall be 

shared equally. 

ø(2) COMPLIANCE.— 

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ø(A) IN GENERAL.—Each plan adopted under this subsection shall also describe how the State will ensure that 

local educational agencies in the State will comply with 

the requirements of paragraphs (3) through (7). 

ø(B) COORDINATION.—Such plan shall indicate what 

technical assistance the State will furnish to local educational agencies and how compliance efforts will be coordinated with the local educational agency liaisons designated under paragraph (1)(J)(ii). 

ø(3) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.— ø(A) IN GENERAL.—The local educational agency serving each child or youth to be assisted under this subtitle 

shall, according to the child’s or youth’s best interest— 

ø(i) continue the child’s or youth’s education in the 

school of origin for the duration of homelessness— 

ø(I) in any case in which a family becomes 

homeless between academic years or during an 

academic year; or 

ø(II) for the remainder of the academic year, 

if the child or youth becomes permanently housed 

during an academic year; or 

ø(ii) enroll the child or youth in any public school 

that nonhomeless students who live in the attendance 

area in which the child or youth is actually living are 

eligible to attend. 

ø(B) BEST INTEREST.—In determining the best interest 

of the child or youth under subparagraph (A), the local 

educational agency shall— 

ø(i) to the extent feasible, keep a homeless child 

or youth in the school of origin, except when doing so 

is contrary to the wishes of the child’s or youth’s parent or guardian; 

ø(ii) provide a written explanation, including a 

statement regarding the right to appeal under subparagraph (E), to the homeless child’s or youth’s parent or guardian, if the local educational agency sends 

such child or youth to a school other than the school 

of origin or a school requested by the parent or guardian; and 

ø(iii) in the case of an unaccompanied youth, ensure that the homeless liaison designated under paragraph (1)(J)(ii) assists in placement or enrollment decisions under this subparagraph, considers the views of 

such unaccompanied youth, and provides notice to 

such youth of the right to appeal under subparagraph 

(E). 

ø(C) ENROLLMENT.—(i) The school selected in accordance with this paragraph shall immediately enroll the 

homeless child or youth, even if the child or youth is unable to produce records normally required for enrollment, 

such as previous academic records, medical records, proof 

of residency, or other documentation. 

ø(ii) The enrolling school shall immediately contact the 

school last attended by the child or youth to obtain relevant academic and other records. 

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ø(iii) If the child or youth needs to obtain immunizations, or immunization or medical records, the enrolling 

school shall immediately refer the parent or guardian of 

the child or youth to the local educational agency liaison 

designated under paragraph (1)(J)(ii), who shall assist in 

obtaining necessary immunizations, or immunization or 

medical records, in accordance with subparagraph (D). 

ø(D) RECORDS.—Any record ordinarily kept by the 

school, including immunization or medical records, academic records, birth certificates, guardianship records, and 

evaluations for special services or programs, regarding 

each homeless child or youth shall be maintained— 

ø(i) so that the records are available, in a timely 

fashion, when a child or youth enters a new school or 

school district; and 

ø(ii) in a manner consistent with section 444 of 

the General Education Provisions Act (20 U.S.C. 

1232g). 

ø(E) ENROLLMENT DISPUTES.—If a dispute arises over 

school selection or enrollment in a school— 

ø(i) the child or youth shall be immediately admitted to the school in which enrollment is sought, pending resolution of the dispute; 

ø(ii) the parent or guardian of the child or youth 

shall be provided with a written explanation of the 

school’s decision regarding school selection or enrollment, including the rights of the parent, guardian, or 

youth to appeal the decision; 

ø(iii) the child, youth, parent, or guardian shall be 

referred to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall carry out 

the dispute resolution process as described in paragraph (1)(C) as expeditiously as possible after receiving notice of the dispute; and 

ø(iv) in the case of an unaccompanied youth, the 

homeless liaison shall ensure that the youth is immediately enrolled in school pending resolution of the dispute. 

ø(F) PLACEMENT CHOICE.—The choice regarding placement shall be made regardless of whether the child or 

youth lives with the homeless parents or has been temporarily placed elsewhere. 

ø(G) SCHOOL OF ORIGIN DEFINED.—In this paragraph, 

the term ‘‘school of origin’’ means the school that the child 

or youth attended when permanently housed or the school 

in which the child or youth was last enrolled. 

ø(H) CONTACT INFORMATION.—Nothing in this subtitle 

shall prohibit a local educational agency from requiring a 

parent or guardian of a homeless child to submit contact 

information. 

ø(4) COMPARABLE SERVICES.—Each homeless child or youth 

to be assisted under this subtitle shall be provided services 

comparable to services offered to other students in the school 

selected under paragraph (3), including the following: 

ø(A) Transportation services. 

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ø(B) Educational services for which the child or youth 

meets the eligibility criteria, such as services provided 

under title I of the Elementary and Secondary Education 

Act of 1965 or similar State or local programs, educational 

programs for children with disabilities, and educational 

programs for students with limited English proficiency. 

ø(C) Programs in vocational and technical education. 

ø(D) Programs for gifted and talented students. 

ø(E) School nutrition programs. 

ø(5) COORDINATION.— ø(A) IN GENERAL.—Each local educational agency serving homeless children and youths that receives assistance 

under this subtitle shall coordinate— 

ø(i) the provision of services under this subtitle 

with local social services agencies and other agencies 

or programs providing services to homeless children 

and youths and their families, including services and 

programs funded under the Runaway and Homeless 

Youth Act (42 U.S.C. 5701 et seq.); and 

ø(ii) with other local educational agencies on 

inter-district issues, such as transportation or transfer 

of school records. 

ø(B) HOUSING ASSISTANCE.—If applicable, each State 

educational agency and local educational agency that receives assistance under this subtitle shall coordinate with 

State and local housing agencies responsible for developing 

the comprehensive housing affordability strategy described 

in section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) to minimize educational disruption for children and youths who become 

homeless. 

ø(C) COORDINATION PURPOSE.—The coordination required under subparagraphs (A) and (B) shall be designed 

to— 

ø(i) ensure that homeless children and youths 

have access and reasonable proximity to available education and related support services; and 

ø(ii) raise the awareness of school personnel and 

service providers of the effects of short-term stays in 

a shelter and other challenges associated with homelessness. 

ø(6) LOCAL EDUCATIONAL AGENCY LIAISON.— 

ø(A) DUTIES.—Each local educational agency liaison 

for homeless children and youths, designated under paragraph (1)(J)(ii), shall ensure that— 

ø(i) homeless children and youths are identified by 

school personnel and through coordination activities 

with other entities and agencies; 

ø(ii) homeless children and youths enroll in, and 

have a full and equal opportunity to succeed in, 

schools of that local educational agency; 

ø(iii) homeless families, children, and youths receive educational services for which such families, children, and youths are eligible, including Head Start 

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ministered by the local educational agency, and referrals to health care services, dental services, mental 

health services, and other appropriate services; 

ø(iv) the parents or guardians of homeless children and youths are informed of the educational and 

related opportunities available to their children and 

are provided with meaningful opportunities to participate in the education of their children; 

ø(v) public notice of the educational rights of 

homeless children and youths is disseminated where 

such children and youths receive services under this 

Act, such as schools, family shelters, and soup kitchens; 

ø(vi) enrollment disputes are mediated in accordance with paragraph (3)(E); and 

ø(vii) the parent or guardian of a homeless child 

or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin, as described in paragraph (1)(J)(iii), and is assisted in accessing transportation to the school that is selected under paragraph 

(3)(A). 

ø(B) NOTICE.—State coordinators established under 

subsection (d)(3) and local educational agencies shall inform school personnel, service providers, and advocates 

working with homeless families of the duties of the local 

educational agency liaisons. 

ø(C) LOCAL AND STATE COORDINATION.—Local educational agency liaisons for homeless children and youths 

shall, as a part of their duties, coordinate and collaborate 

with State coordinators and community and school personnel responsible for the provision of education and related services to homeless children and youths. 

ø(7) REVIEW AND REVISIONS.— 

ø(A) IN GENERAL.—Each State educational agency and 

local educational agency that receives assistance under 

this subtitle shall review and revise any policies that may 

act as barriers to the enrollment of homeless children and 

youths in schools that are selected under paragraph (3). 

ø(B) CONSIDERATION.—In reviewing and revising such 

policies, consideration shall be given to issues concerning 

transportation, immunization, residency, birth certificates, 

school records and other documentation, and guardianship. 

ø(C) SPECIAL ATTENTION.—Special attention shall be 

given to ensuring the enrollment and attendance of homeless children and youths who are not currently attending 

school. 

ø(h) SPECIAL RULE FOR EMERGENCY ASSISTANCE.— 

ø(1) EMERGENCY ASSISTANCE.— ø(A) RESERVATION OF AMOUNTS.—Subject to paragraph 

(4) and notwithstanding any other provision of this title, 

the Secretary shall use funds appropriated under section 

726 for fiscal year 2009, but not to exceed $30,000,000, for 

the purposes of providing emergency assistance through 

grants. 

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ø(B) GENERAL AUTHORITY.—The Secretary shall use 

the funds to make grants to State educational agencies 

under paragraph (2), to enable the agencies to make subgrants to local educational agencies under paragraph (3), 

to provide activities described in section 723(d) for individuals referred to in subparagraph (C). 

ø(C) ELIGIBLE INDIVIDUALS.—Funds made available 

under this subsection shall be used to provide such activities for eligible individuals, consisting of homeless children 

and youths, and their families, who have become homeless 

due to home foreclosure, including children and youths, 

and their families, who became homeless when lenders 

foreclosed on properties rented by the families. 

ø(2) GRANTS TO STATE EDUCATIONAL AGENCIES.— 

ø(A) DISBURSEMENT.—The Secretary shall make 

grants with funds provided under paragraph (1)(A) to 

State educational agencies based on need, consistent with 

the number of eligible individuals described in paragraph 

(1)(C) in the States involved, as determined by the Secretary. 

ø(B) ASSURANCE.—To be eligible to receive a grant 

under this paragraph, a State educational agency shall 

provide an assurance to the Secretary that the State educational agency, and each local educational agency receiving a subgrant from the State educational agency under 

this subsection shall ensure that the activities carried out 

under this subsection are consistent with the activities described in section 723(d). 

ø(3) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—A 

State educational agency that receives a grant under paragraph (2) shall use the funds made available through the grant 

to make subgrants to local educational agencies. The State 

educational agency shall make the subgrants to local educational agencies based on need, consistent with the number of 

eligible individuals described in paragraph (1)(C) in the areas 

served by the local educational agencies, as determined by the 

State educational agency. 

ø(4) RESTRICTION.—The Secretary— 

ø(A) shall determine the amount (if any) by which the 

funds appropriated under section 726 for fiscal year 2009 

exceed $70,000,000; and 

ø(B) may only use funds from that amount to carry 

out this subsection. 

øSEC 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTHS. 

ø(a) GENERAL AUTHORITY.— 

ø(1) IN GENERAL.—The State educational agency shall, in 

accordance with section 722(e), and from amounts made available to such agency under section 726, make subgrants to local 

educational agencies for the purpose of facilitating the enrollment, attendance, and success in school of homeless children 

and youths. 

ø(2) SERVICES.— 

ø(A) IN GENERAL.—Services under paragraph (1)— 

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ø(i) may be provided through programs on school 

grounds or at other facilities; 

ø(ii) shall, to the maximum extent practicable, be 

provided through existing programs and mechanisms 

that integrate homeless children and youths with nonhomeless children and youths; and 

ø(iii) shall be designed to expand or improve services provided as part of a school’s regular academic 

program, but not to replace such services provided 

under such program. 

ø(B) SERVICES ON SCHOOL GROUNDS.—If services under 

paragraph (1) are provided on school grounds, schools— 

ø(i) may use funds under this subtitle to provide 

the same services to other children and youths who 

are determined by the local educational agency to be 

at risk of failing in, or dropping out of, school, subject 

to the requirements of clause (ii); and 

ø(ii) except as otherwise provided in section 

722(e)(3)(B), shall not provide services in settings 

within a school that segregate homeless children and 

youths from other children and youths, except as necessary for short periods of time— 

ø(I) for health and safety emergencies; or 

ø(II) to provide temporary, special, and supplementary services to meet the unique needs of 

homeless children and youths. 

ø(3) REQUIREMENT.—Services provided under this section shall not replace the regular academic program and 

shall be designed to expand upon or improve services provided as part of the school’s regular academic program. 

ø(b) APPLICATION.—A local educational agency that desires to 

receive a subgrant under this section shall submit an application 

to the State educational agency at such time, in such manner, and 

containing or accompanied by such information as the State educational agency may reasonably require. Such application shall include the following: 

ø(1) An assessment of the educational and related needs of 

homeless children and youths in the area served by such agency (which may be undertaken as part of needs assessments for 

other disadvantaged groups). 

ø(2) A description of the services and programs for which 

assistance is sought to address the needs identified in paragraph (1). 

ø(3) An assurance that the local educational agency’s combined fiscal effort per student, or the aggregate expenditures of 

that agency and the State with respect to the provision of free 

public education by such agency for the fiscal year preceding 

the fiscal year for which the determination is made, was not 

less than 90 percent of such combined fiscal effort or aggregate 

expenditures for the second fiscal year preceding the fiscal year 

for which the determination is made. 

ø(4) An assurance that the applicant complies with, or will 

use requested funds to comply with, paragraphs (3) through (7) 

of section 722(g). 

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ø(5) A description of policies and procedures, consistent 

with section 722(e)(3), that the agency will implement to ensure that activities carried out by the agency will not isolate 

or stigmatize homeless children and youths. 

ø(c) AWARDS.— ø(1) IN GENERAL.—The State educational agency shall, in 

accordance with the requirements of this subtitle and from 

amounts made available to it under section 726, make competitive subgrants to local educational agencies that submit applications under subsection (b). Such subgrants shall be awarded 

on the basis of the need of such agencies for assistance under 

this subtitle and the quality of the applications submitted. 

ø(2) NEED.—In determining need under paragraph (1), the 

State educational agency may consider the number of homeless 

children and youths enrolled in preschool, elementary, and secondary schools within the area served by the local educational 

agency, and shall consider the needs of such children and 

youths and the ability of the local educational agency to meet 

such needs. The State educational agency may also consider 

the following: 

ø(A) The extent to which the proposed use of funds 

will facilitate the enrollment, retention, and educational 

success of homeless children and youths. 

ø(B) The extent to which the application— 

ø(i) reflects coordination with other local and 

State agencies that serve homeless children and 

youths; and 

ø(ii) describes how the applicant will meet the requirements of section 722(g)(3). 

ø(C) The extent to which the applicant exhibits in the 

application and in current practice a commitment to education for all homeless children and youths. 

ø(D) Such other criteria as the State agency determines appropriate. 

ø(3) QUALITY.—IN DETERMINING THE QUALITY OF APPLICA- TIONS UNDER PARAGRAPH (1), THE STATE EDUCATIONAL AGENCY

SHALL CONSIDER THE FOLLOWING: 

ø(A) The applicant’s needs assessment under subsection (b)(1) and the likelihood that the program presented in the application will meet such needs. 

ø(B) The types, intensity, and coordination of the services to be provided under the program. 

ø(C) The involvement of parents or guardians of homeless children or youths in the education of their children. 

ø(D) The extent to which homeless children and 

youths will be integrated within the regular education program. 

ø(E) The quality of the applicant’s evaluation plan for 

the program. 

ø(F) The extent to which services provided under this 

subtitle will be coordinated with other services available to 

homeless children and youths and their families. 

ø(G) Such other measures as the State educational 

agency considers indicative of a high-quality program, such 

as the extent to which the local educational agency will 

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provide case management or related services to unaccompanied youths. 

ø(4) DURATION OF GRANTS.—Grants awarded under this 

section shall be for terms not to exceed 3 years. 

ø(d) AUTHORIZED ACTIVITIES.—A local educational agency may 

use funds awarded under this section for activities that carry out 

the purpose of this subtitle, including the following: 

ø(1) The provision of tutoring, supplemental instruction, 

and enriched educational services that are linked to the 

achievement of the same challenging State academic content 

standards and challenging State student academic achievement standards the State establishes for other children and 

youths. 

ø(2) The provision of expedited evaluations of the 

strengths and needs of homeless children and youths, including 

needs and eligibility for programs and services (such as educational programs for gifted and talented students, children 

with disabilities, and students with limited English proficiency, 

services provided under title I of the Elementary and Secondary Education Act of 1965 or similar State or local programs, programs in vocational and technical education, and 

school nutrition programs). 

ø(3) Professional development and other activities for educators and pupil services personnel that are designed to heighten the understanding and sensitivity of such personnel to the 

needs of homeless children and youths, the rights of such children and youths under this subtitle, and the specific educational needs of runaway and homeless youths. 

ø(4) The provision of referral services to homeless children 

and youths for medical, dental, mental, and other health services. 

ø(5) The provision of assistance to defray the excess cost 

of transportation for students under section 722(g)(4)(A), not 

otherwise provided through Federal, State, or local funding, 

where necessary to enable students to attend the school selected under section 722(g)(3). 

ø(6) The provision of developmentally appropriate early 

childhood education programs, not otherwise provided through 

Federal, State, or local funding, for preschool-aged homeless 

children. 

ø(7) The provision of services and assistance to attract, engage, and retain homeless children and youths, and unaccompanied youths, in public school programs and services provided 

to nonhomeless children and youths. 

ø(8) The provision for homeless children and youths of 

before- and after-school, mentoring, and summer programs in 

which a teacher or other qualified individual provides tutoring, 

homework assistance, and supervision of educational activities. 

ø(9) If necessary, the payment of fees and other costs associated with tracking, obtaining, and transferring records necessary to enroll homeless children and youths in school, including birth certificates, immunization or medical records, academic records, guardianship records, and evaluations for special programs or services. 

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ø(10) The provision of education and training to the parents of homeless children and youths about the rights of, and 

resources available to, such children and youths. 

ø(11) The development of coordination between schools and 

agencies providing services to homeless children and youths, as 

described in section 722(g)(5). 

ø(12) The provision of pupil services (including violence 

prevention counseling) and referrals for such services. 

ø(13) Activities to address the particular needs of homeless 

children and youths that may arise from domestic violence. 

ø(14) The adaptation of space and purchase of supplies for 

any nonschool facilities made available under subsection (a)(2) 

to provide services under this subsection. 

ø(15) The provision of school supplies, including those supplies to be distributed at shelters or temporary housing facilities, or other appropriate locations. 

ø(16) The provision of other extraordinary or emergency 

assistance needed to enable homeless children and youths to 

attend school. 

øSEC. 724. SECRETARIAL RESPONSIBILITIES. 

ø(a) REVIEW OF STATE PLANS.—In reviewing the State plan 

submitted by a State educational agency under section 722(g), the 

Secretary shall use a peer review process and shall evaluate whether State laws, policies, and practices described in such plan adequately address the problems of homeless children and youths relating to access to education and placement as described in such 

plan. 

ø(b) TECHNICAL ASSISTANCE.—The Secretary shall provide support and technical assistance to a State educational agency to assist such agency in carrying out its responsibilities under this subtitle, if requested by the State educational agency. 

ø(c) NOTICE.—The Secretary shall, before the next school year 

that begins after the date of enactment of the McKinney-Vento 

Homeless Education Assistance Improvements Act of 2001, create 

and disseminate nationwide a public notice of the educational 

rights of homeless children and youths and disseminate such notice 

to other Federal agencies, programs, and grantees, including Head 

Start grantees, Health Care for the Homeless grantees, Emergency 

Food and Shelter grantees, and homeless assistance programs administered by the Department of Housing and Urban Development. 

ø(d) EVALUATION AND DISSEMINATION.—The Secretary shall 

conduct evaluation and dissemination activities of programs designed to meet the educational needs of homeless elementary and 

secondary school students, and may use funds appropriated under 

section 726 to conduct such activities. 

ø(e) SUBMISSION AND DISTRIBUTION.—The Secretary shall require applications for grants under this subtitle to be submitted to 

the Secretary not later than the expiration of the 60-day period beginning on the date that funds are available for purposes of making 

such grants and shall make such grants not later than the expiration of the 120-day period beginning on such date. 

ø(f) DETERMINATION BY SECRETARY.—The Secretary, based on 

the information received from the States and information gathered 

by the Secretary under subsection (h), shall determine the extent 

to which State educational agencies are ensuring that each homemstockstill on DSK4VPTVN1PROD with HEARINGS

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less child and homeless youth has access to a free appropriate public education, as described in section 721(1). 

ø(g) GUIDELINES.—The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after the date 

of enactment of the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, school enrollment guidelines for 

States with respect to homeless children and youths. The guidelines shall describe— 

ø(1) successful ways in which a State may assist local educational agencies to immediately enroll homeless children and 

youths in school; and 

ø(2) how a State can review the State’s requirements regarding immunization and medical or school records and make 

such revisions to the requirements as are appropriate and necessary in order to enroll homeless children and youths in 

school immediately. 

ø(h) INFORMATION.— 

ø(1) IN GENERAL.—From funds appropriated under section 

726, the Secretary shall, directly or through grants, contracts, 

or cooperative agreements, periodically collect and disseminate 

data and information regarding— 

ø(A) the number and location of homeless children and 

youths; 

ø(B) the education and related services such children 

and youths receive; 

ø(C) the extent to which the needs of homeless children and youths are being met; and 

ø(D) such other data and information as the Secretary 

determines to be necessary and relevant to carry out this 

subtitle. 

ø(2) COORDINATION.—The Secretary shall coordinate such collection and dissemination with other agencies and entities that receive assistance and administer programs under this subtitle. 

ø(i) REPORT.—Not later than 4 years after the date of enactment of the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, the Secretary shall prepare 

and submit to the President and the Committee on Education 

and the Workforce of the House of Representatives and the 

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

Senate a report on the status of education of homeless children 

and youths, which shall include information on— 

ø(1) the education of homeless children and youths; 

and 

ø(2) the actions of the Secretary and the effectiveness 

of the programs supported under this subtitle. 

øSEC. 725. DEFINITIONS. 

øFor purposes of this subtitle: 

ø(1) The terms ‘‘enroll’’ and ‘‘enrollment’’ include attending 

classes and participating fully in school activities. 

ø(2) The term ‘‘homeless children and youths’’— 

ø(A) means individuals who lack a fixed, regular, and 

adequate nighttime residence (within the meaning of section 103(a)(1)); and 

ø(B) includes— 

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ø(i) children and youths who are sharing the housing of other persons due to loss of housing, economic 

hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack 

of alternative adequate accommodations; are living in 

emergency or transitional shelters; are abandoned in 

hospitals; or are awaiting foster care placement; 

ø(ii) children and youths who have a primary 

nighttime residence that is a public or private place 

not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the 

meaning of section 103(a)(2)(C)); 

ø(iii) children and youths who are living in cars, 

parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and 

ø(iv) migratory children (as such term is defined 

in section 1309 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the 

purposes of this subtitle because the children are living in circumstances described in clauses (i) through 

(iii). 

ø(3) The terms ‘‘local educational agency’’ and ‘‘State educational agency’’ have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 

1965. 

ø(4) The term ‘‘Secretary’’ means the Secretary of Education. 

ø(5) The term ‘‘State’’ means each of the 50 States, the 

District of Columbia, and the Commonwealth of Puerto Rico. 

ø(6) The term ‘‘unaccompanied youth’’ includes a youth not 

in the physical custody of a parent or guardian. 

øSEC. 726. AUTHORIZATION OF APPROPRIATIONS. 

øFor the purpose of carrying out this subtitle, there are au- thorized to be appropriated $100,000,000 for fiscal year 2009 and 

such sums as may be necessary for each subsequent fiscal year.¿ 

* * * * * * * 

Subtitle B—Education for Homeless 

Children and Youth 

SEC. 721. STATEMENT OF POLICY. 

The following is the policy of Congress: 

(1) Each State shall ensure that each homeless child and 

youth has access to the same free appropriate public education, 

including a public preschool education, as is provided to other 

children and youth. 

(2) In any State where compulsory residency requirements 

or other laws, regulations, practices, or policies may act as a 

barrier to the identification, enrollment, attendance, or success 

in school of homeless children and youth, the State shall review 

and revise such laws, regulations, practices, or policies to ensure that homeless children and youth are afforded the same 

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free appropriate public education as is provided to other children and youth. 

(3) Homelessness is not a sufficient reason to separate students from the mainstream school environment. 

(4) Homeless children and youth shall have access to the 

education and other services that such children and youth need 

to ensure that such children and youth have an opportunity to 

meet the same college and career ready State student academic 

achievement standards to which all students are held. 

SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTH. 

(a) GENERAL AUTHORITY.—The Secretary is authorized to make 

grants to States from allotments made under subsection (c) and in 

accordance with this section to enable such States to carry out the 

activities described in subsections (d) through (g). 

(b) APPLICATION.—In order for a State to be eligible to receive 

a grant under this section, the State educational agency, in consultation with other relevant State agencies, shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may 

reasonably require. 

(c) ALLOCATION AND RESERVATIONS.— (1) ALLOCATION.— (A) IN GENERAL.—Subject to subparagraph (C), the 

Secretary is authorized to allot to each State an amount 

that bears the same ratio to the amount appropriated for 

such year under section 727 that remains after the Secretary reserves funds under paragraph (2) and uses funds 

to carry out section 724 (d) and (h), as the amount allocated under section 1122 of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6332) to the State for that 

year bears to the total amount allocated under section 1122 

of such Act to all States for that year, except as provided 

in subparagraph (B). 

(B) MINIMUM ALLOTMENTS.—No State shall receive for 

a fiscal year less under this paragraph than the greater 

of— 

(i) $300,000; or 

(ii) an amount that bears the same ratio to the 

amount appropriated for such year under section 727 

that remains after the Secretary reserves funds under 

paragraph (2) and uses funds to carry out section 724 

(d) and (h), as the amount the State received under 

this paragraph for the preceding fiscal year bears to 

the total amount received by all States under this paragraph for the preceding fiscal year. 

(C) REDUCTION FOR INSUFFICIENT FUNDS.—If there are 

insufficient funds in a fiscal year to allot to each State the 

minimum amount under subparagraph (B), the Secretary 

shall ratably reduce the allotments to all States based on 

the proportionate share that each State received under this 

subsection for the preceding fiscal year. 

(2) RESERVATIONS.— 

(A) STUDENTS IN TERRITORIES.—The Secretary is authorized to reserve 0.1 percent of the amount appropriated 

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for each fiscal year under section 727 to be allocated by the 

Secretary among the United States Virgin Islands, Guam, 

American Samoa, and the Commonwealth of the Northern 

Mariana Islands, according to their respective need for assistance under this subtitle, as determined by the Secretary. 

Funds allocated under this subparagraph shall be used for 

programs that are consistent with the purposes of the programs described in this subtitle. 

(B) INDIAN STUDENTS.— (i) TRANSFER.—The Secretary shall transfer 1 percent of the amount appropriated for each fiscal year 

under section 727 to the Department of the Interior for 

programs that are for Indian students served by 

schools funded by the Secretary of the Interior, as determined under the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450 et seq.), and 

that are consistent with the purposes of the programs 

described in this subtitle. 

(ii) AGREEMENT.—The Secretary of Education and 

the Secretary of the Interior shall enter into an agreement, consistent with the requirements of this subtitle, 

for the distribution and use of the funds described in 

clause (i) under terms that the Secretary of Education 

determines best meet the purposes of the programs described in this subtitle. Such agreement shall set forth 

the plans of the Secretary of the Interior for the use of 

the funds transferred, including appropriate goals, objectives, and milestones for that use. 

(d) STATE ACTIVITIES.—Grant funds from a grant made to a 

State under this section shall be used for the following: 

(1) To provide activities for and services to improve the 

identification of homeless children and youth and enable such 

children and youth to enroll in, attend, and succeed in school, 

including in early childhood education programs. 

(2) To establish or designate an Office of the Coordinator 

for Education of Homeless Children and Youth in the State 

educational agency in accordance with subsection (f) that has 

sufficient knowledge, authority, and time to carry out the duties 

described in this subtitle. 

(3) To prepare and carry out the State plan described in 

subsection (g). 

(4) To develop and implement professional development activities for liaisons designated under subsection (g)(1)(J)(ii), 

other local educational agency and school personnel, and community agencies— 

(A) to improve their identification of homeless children 

and youth; and 

(B) to improve their awareness of, and capacity to respond to, specific needs in the education of homeless children and youth. 

(e) STATE AND LOCAL SUBGRANTS.— (1) MINIMUM DISBURSEMENTS BY STATES.—From the grant 

funds made available each year to a State under subsection (a) 

to carry out this subtitle, the State educational agency shall distribute not less than 75 percent by making subgrants under secmstockstill on DSK4VPTVN1PROD with HEARINGS

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tion 723 to local educational agencies for the purposes of carrying out section 723. 

(2) USE BY STATE EDUCATIONAL AGENCY.—A State educational agency may use any grant funds remaining after making subgrants under section 723 to conduct activities under subsection (f) directly or through making grants or entering into 

contracts. 

(3) PROHIBITION ON SEGREGATING HOMELESS STUDENTS.— In providing a free public education to a homeless child or 

youth, no State receiving funds under this subtitle shall segregate such child or youth in a separate school, or in a separate 

program within a school, based on such child’s or youth’s status 

as homeless. 

(f) FUNCTIONS OF THE OFFICE OF THE COORDINATOR.—The Coordinator for Education of Homeless Children and Youth established in each State shall— 

(1) gather and make publicly available reliable, valid, and 

comprehensive information on— 

(A) the nature and extent of the problems homeless 

children and youth have in gaining access to public preschool programs, and to public elementary schools and secondary schools; 

(B) the difficulties in identifying the special needs and 

barriers to participation and achievement of such children 

and youth; 

(C) any progress made by the State educational agency 

and local educational agencies in the State in addressing 

such problems and difficulties; and 

(D) the success of the programs under this subtitle in 

identifying homeless children and youth and allowing 

homeless children and youth to enroll in, attend, and succeed in, school; 

(2) develop and carry out the State plan described in subsection (g); 

(3) collect data for and transmit to the Secretary, at such 

time and in such manner as the Secretary may require, reports 

containing such information as the Secretary determines is necessary to assess the educational needs of homeless children and 

youth within the State, including data requested pursuant to 

section 724(h); 

(4) improve the provision of comprehensive education and 

related support services to homeless children and youth and 

their families, and to minimize educational disruption, through 

coordination of activities, and collaboration with— 

(A) educators, including teachers, administrators, special education personnel, and child development and preschool program personnel; 

(B) providers of services to homeless children and 

youth and homeless families, public and private child welfare and social services agencies, law enforcement agencies, 

juvenile and family courts, agencies providing mental 

health services, domestic violence agencies, child care providers, runaway and homeless youth centers, and providers 

of services and programs funded under the Runaway and 

Homeless Youth Act (42 U.S.C. 5701 et seq.); 

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(C) providers of emergency, transitional, and permanent housing to homeless children and youth, and their 

families, including public housing agencies, shelter operators, operators of transitional housing facilities, and providers of transitional living programs for homeless youth; 

(D) local educational agency liaisons designated under 

subsection (g)(1)(J)(ii) for homeless children and youth; and 

(E) community organizations and groups representing 

homeless children and youth and their families; 

(5) provide professional development and technical assistance to and conduct monitoring of local educational agencies, 

in coordination with local educational agency liaisons designated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of paragraphs 

(3) through (8) of subsection (g), and subsection (e)(3); and 

(6) make opportunities available for teachers and local educational agency liaisons designated under subsection 

(g)(1)(J)(ii) to participate in ongoing and relevant professional 

development programs and activities. 

(g) STATE PLAN.— 

(1) IN GENERAL.—Each State shall submit to the Secretary 

and implement a plan to provide for the education of all homeless children and youth within the State. Such plan shall include the following: 

(A) A description of how such children and youth are 

(or will be) given the opportunity— 

(i) to meet the same college and career ready State 

student academic achievement standards as all students are expected to meet; and 

(ii) to become college and career ready. 

(B) A description of the procedures the State educational agency will use, in coordination with local educational agencies, to identify such children and youth in 

the State and to assess their needs. 

(C) A description of procedures for the prompt resolution of disputes arising under this subtitle, which shall— 

(i) be developed in coordination and collaboration 

with the liaisons designated under subparagraph 

(J)(ii); 

(ii) be readily available and provided in a written 

format and, to the extent practicable, in a manner and 

form understandable to the parents and guardians of 

homeless children and youth, and unaccompanied 

youth; 

(iii) take into account the educational best interest 

of the homeless child or youth involved; and 

(iv) ensure that parents and guardians of homeless 

children and youth, and unaccompanied youth, who 

have exhausted the procedures available under this 

paragraph are able to appeal to the State educational 

agency, and are enrolled in school pursuant to paragraph (4)(C) and receive transportation pursuant to 

subparagraph (J)(iii) pending final resolution of the 

dispute. 

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(D) A description of programs for school personnel (including the liaisons, principals, attendance officers, teachers, enrollment personnel, and specialized instructional 

support personnel) to increase the awareness of such personnel of the specific needs of homeless adolescents, including runaway and homeless youth. 

(E) A description of procedures that ensure that homeless children and youth are able to participate in Federal, 

State, or local nutrition programs. 

(F) A description of procedures that ensure that— 

(i) homeless children have access to public preschool programs, administered by the State educational agency or local educational agency, including 

through the policies and practices required under paragraph (3); 

(ii) homeless youth, including youth separated 

from public schools, are identified and accorded equal 

access to appropriate and available secondary education and support services, including receiving appropriate credit for full or partial coursework satisfactorily 

completed while attending a prior school, and for work 

completed after their enrollment in a new school, consistent with State graduation requirements and accreditation standards; and 

(iii) homeless children and youth who meet the relevant eligibility criteria are able to participate in Federal, State, or local before- and after-school care, magnet schools, summer schools, career and technical education, advanced placement, online learning opportunities, charter school programs, and relevant workforce 

investment programs. 

(G) Strategies to address problems identified in the reports provided to the Secretary under subsection (f)(3). 

(H) Strategies to address other problems with respect to 

the education of homeless children and youth, including enrollment problems related to— 

(i) immunization and other required health records 

and screenings; 

(ii) residency requirements; 

(iii) lack of birth certificates, school records, or 

other documentation; 

(iv) guardianship issues; or 

(v) uniform or dress code requirements. 

(I) A demonstration that the State educational agency, 

and local educational agencies and schools in the State, 

have developed and shall regularly review and revise their 

policies and practices to remove barriers to the identification, enrollment, attendance, retention, and success of 

homeless children and youth in schools, including early 

childhood education programs, in the State. 

(J) Assurances that the following will be carried out: 

(i) The State educational agency and local educational agencies in the State will adopt policies and 

practices to ensure that homeless children and youth 

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are not stigmatized or segregated on the basis of their 

status as homeless. 

(ii) Local educational agencies will designate an 

appropriate staff person as the local educational agency liaison for homeless children and youth, who shall 

have sufficient training and time to carry out the duties described in paragraph (7)(A), and who may also 

be a coordinator for other Federal programs. 

(iii) The State and local educational agencies in 

the State will adopt policies and practices to ensure 

that transportation is provided at the request of the 

parent or guardian involved (or in the case of an unaccompanied youth, the liaison), to and from the school 

of origin, for as long as the student has the right to attend the school of origin as determined in paragraph 

(4)(A), in accordance with the following, as applicable: 

(I) If the child or youth continues to live in the 

area served by the local educational agency for the 

school of origin, the child’s or youth’s transportation to and from the school of origin shall be 

provided or arranged by the local educational 

agency for the school of origin. 

(II) If the child’s or youth’s living arrangements in the area served by the local educational 

agency of origin terminate and the child or youth, 

though continuing the child’s or youth’s education 

in the school of origin, begins living in an area 

served by another local educational agency, the 

local educational agency of origin and the local 

educational agency for the area in which the child 

or youth is living shall agree upon a method to apportion the responsibility and cost for providing 

transportation to and from the school of origin. If 

the local educational agencies are unable to agree 

upon such method, the responsibility and costs for 

transportation shall be shared equally between the 

agencies. 

(iv) The State educational agency and local educational agencies will adopt policies and practices to 

promote school success for homeless children and 

youth, including access to full participation in academic and extracurricular activities that are made 

available to nonhomeless students. 

(2) COMPLIANCE.— 

(A) IN GENERAL.—Each plan adopted under this subsection shall also describe how the State will ensure that 

local educational agencies in the State will comply with the 

requirements of paragraphs (3) through (8). 

(B) COORDINATION.—Such plan shall indicate what 

technical assistance the State will furnish to local educational agencies and how compliance efforts will be coordinated with the local educational agency liaisons designated under paragraph (1)(J)(ii). 

(3) SCHOOL READINESS FOR HOMELESS CHILDREN.—Each 

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1005 

ties carrying out preschool programs funded, administered, or 

overseen by the agency involved— 

(A) identify and prioritize homeless children for enrollment and increase their enrollment and attendance in early 

childhood education programs, including through policies 

such as— 

(i) reserving spaces in preschool programs for 

homeless children; 

(ii) conducting targeted outreach to homeless children and their families; 

(iii) waiving application deadlines; 

(iv) providing ongoing professional development for 

staff regarding the needs of homeless children and 

their families and strategies to serve the children and 

families; and 

(v) developing the capacity to serve all identified 

homeless children; and 

(B) review the educational and related needs of homeless children and their families in such agency’s service 

area, in coordination with the liaison designated under 

paragraph (1)(J)(ii). 

(4) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.— (A) IN GENERAL.—The local educational agency serving 

each child or youth to be assisted under this subtitle shall, 

according to the child’s or youth’s best interest— 

(i) continue the child’s or youth’s education in the 

school of origin for the duration of homelessness— 

(I) in any case in which the child or youth becomes a homeless child or youth between academic 

years or during an academic year; and 

(II) for the remainder of the academic year, if 

the child or youth becomes permanently housed 

during an academic year; or 

(ii) enroll the child or youth in any public school 

that nonhomeless students who live in the attendance 

area in which the child or youth is actually living are 

eligible to attend. 

(B) BEST INTEREST IN SCHOOL STABILITY.—In determining the best interest of the child or youth under subparagraph (A), the local educational agency shall— 

(i) presume that keeping a homeless child or youth 

in the school of origin is in the child’s or youth’s best 

interest, except when doing so is contrary to the wishes 

of the child’s or youth’s parent or guardian or the unaccompanied youth involved; 

(ii) consider student-centered factors related to the 

child’s or youth’s best interest, including factors related 

to the impact of mobility on achievement, education, 

health, and safety of homeless children and youth, giving priority to the wishes of the homeless child’s or 

youth’s parent or guardian or the unaccompanied 

youth involved; 

(iii) if, after conducting the best interest determination described in clause (ii), the local educational agency determines that it is not in the child’s or youth’s best 

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interest to attend the school of origin or the school requested by the parent, guardian, or unaccompanied 

youth, provide, in coordination with the local education 

agency liaison, the homeless child’s or youth’s parent or 

guardian or the unaccompanied youth, with a written 

explanation in a manner or form understandable to 

such parent, guardian, or youth, to the extent practicable, including a statement regarding the right to 

appeal under subparagraph (E); 

(iv) in the case of an unaccompanied youth, ensure 

that the local educational agency liaison assists in 

placement or enrollment decisions under this subparagraph, gives priority to the views of such unaccompanied youth, and provides notice to such youth of the 

right to appeal under subparagraph (E); and 

(v) provide transportation pursuant to paragraphs 

(1)(J)(iii) and (5). 

(C) ENROLLMENT.— (i) IN GENERAL.—The school selected in accordance 

with this paragraph shall immediately enroll the 

homeless child or youth, even if the child or youth— 

(I) is unable to produce records traditionally 

required for enrollment, including previous academic records, health records, proof of residency or 

guardianship, or other documentation; 

(II) has unpaid fines or fees from prior schools 

or is unable to pay fees in the school selected; or 

(III) has missed application or enrollment 

deadlines during any period of homelessness. 

(ii) CONTACTING SCHOOL LAST ATTENDED.—The enrolling school shall immediately contact the school last 

attended by the child or youth to obtain relevant academic and other records. 

(iii) RELEVANT HEALTH RECORDS.—If the child or 

youth needs to obtain immunizations or other required 

health records, the enrolling school shall immediately 

enroll the child or youth and immediately refer the 

parent or guardian of the child or youth, or the unaccompanied youth, to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall 

assist in obtaining necessary immunizations or 

screenings, or immunization or other required health 

records in accordance with subparagraph (D). 

(iv) NO LIABILITY.—Whenever the school selected 

enrolls an unaccompanied youth in accordance with 

this paragraph, no liability shall be imposed upon the 

school by reason of enrolling the youth without parent 

or guardian consent. 

(D) RECORDS.—Any record ordinarily kept by the 

school, including immunizations or medical records, academic records, birth certificates, guardianship records, and 

evaluations for special services or programs, regarding each 

homeless child or youth shall be maintained— 

(i) so that the records involved are available when 

a homeless child or youth enters a new school or school 

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district, even if the child or youth owes fees or fines or 

did not withdraw from the previous school in conformance with local withdrawal procedures; and 

(ii) in a manner consistent with section 444 of the 

General Education Provisions Act (20 U.S.C. 1232g). 

(E) DISPUTES.—If a dispute arises over eligibility, enrollment, school selection, or service in a public school or 

public preschool, or any other issue relating to services 

under this subtitle— 

(i) in the case of a dispute relating to eligibility for 

enrollment or school selection, the child or youth shall 

be immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute 

including all available appeals; 

(ii) the parent or guardian of the child or youth 

shall be provided with a written explanation of the 

school’s decision regarding eligibility for enrollment, 

school selection, or services, made by the school or the 

local educational agency, which shall include information about the right to appeal the decision; 

(iii) the child, youth, parent, or guardian shall be 

referred to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall carry out 

the dispute resolution process as described in paragraph (1)(C) as expeditiously as possible after receiving 

notice of such dispute; and 

(iv) in the case of an unaccompanied youth, the liaison shall ensure that the youth is immediately enrolled in the school in which the youth seeks enrollment, pending resolution of such dispute. 

(F) PLACEMENT CHOICE.—The choice regarding placement shall be made regardless of whether the child or 

youth involved lives with the homeless parents or has been 

temporarily placed elsewhere. 

(G) SCHOOL OF ORIGIN DEFINED.— (i) IN GENERAL.—In this paragraph, the term 

‘‘school of origin’’ means the school that a child or 

youth attended when permanently housed or the school 

in which the child or youth was last enrolled. 

(ii) RECEIVING SCHOOL.—When a child or youth 

completes the final grade level served by the school of 

origin, as described in clause (i), the term ‘‘school of origin’’ shall include the designated receiving school at 

the next grade level for the feeder school that the child 

or youth attended. 

(H) CONTACT INFORMATION.—Nothing in this subtitle 

shall prohibit a local educational agency from requiring a 

parent or guardian of a homeless child to submit contact 

information. 

(I) PRIVACY.—Information about a homeless child’s or 

youth’s living situation shall be treated as a student education record under section 444 of the General Education 

Provisions Act (20 U.S.C. 1232g) and shall not be released 

to housing providers, employers, law enforcement personnel, 

or other persons or agencies not authorized to have such inmstockstill on DSK4VPTVN1PROD with HEARINGS

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formation under section 99.31 of title 34, Code of Federal 

Regulations, paying particular attention to preventing disruption of the living situation of the child or youth and to 

supporting the safety of such children and youth who are 

survivors of domestic violence and unaccompanied youth. 

(J) ACADEMIC ACHIEVEMENT.—The school selected in 

accordance with this paragraph shall ensure that homeless 

children and youth have opportunities to meet the same college and career ready State student academic achievement 

standards to which other students are held, including implementing the policies and practices required by paragraph (1)(J)(iv). 

(K) SCHOOL READINESS FOR HOMELESS CHILDREN.— 

Each local educational agency shall ensure school readiness for homeless children as described in paragraph (3). 

(5) COMPARABLE SERVICES.—In addition to receiving services provided for homeless children and youth under this subtitle or other Federal, State, or local laws, regulations, policies, 

or practices, each homeless child or youth to be assisted under 

this subtitle also shall be provided services comparable to services offered to other students in the school selected under paragraph (4), including the following: 

(A) Transportation services. 

(B) Educational services for which the child or youth 

meets the eligibility criteria, including services provided 

under title I of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6301 et seq.), similar State or local 

programs, charter schools, magnet schools, educational programs for children with disabilities, and educational programs for students with limited English proficiency. 

(C) Programs in career and technical education. 

(D) Programs for gifted and talented students. 

(E) School nutrition programs. 

(F) Health and counseling services, as appropriate. 

(6) COORDINATION.— 

(A) IN GENERAL.—Each local educational agency shall 

coordinate— 

(i) the provision of services under this subtitle with 

the services of local social services agencies and other 

agencies or entities providing services to homeless children and youth and their families, including services 

and programs funded under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); and 

(ii) transportation, transfer of school records, and 

other interdistrict activities, with other local educational agencies. 

(B) HOUSING ASSISTANCE.—Each State educational 

agency and local educational agency that receives assistance under this subtitle shall coordinate, if applicable, with 

State and local housing agencies responsible for developing 

a comprehensive housing affordability strategy described in 

section 105 of the Cranston-Gonzalez National Affordable 

Housing Act (42 U.S.C. 12705) to minimize education disruption for children and youth who become homeless. 

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(C) COORDINATION PURPOSE.—The coordination required under subparagraphs (A) and (B) shall be designed 

to— 

(i) ensure that all homeless children and youth are 

identified within a reasonable time frame; 

(ii) ensure that homeless children and youth have 

access to and are in reasonable proximity to available 

education and related support services; and 

(iii) raise the awareness of school personnel and 

service providers of the effects of short-term stays in a 

shelter and other challenges associated with homelessness. 

(D) HOMELESS CHILDREN AND YOUTHS WITH DISABILITIES.—For children and youth who are to be assisted both 

under this subtitle, and under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) or section 

504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), each 

local educational agency shall coordinate the provision of 

services under this subtitle with the provision of programs 

for children with disabilities served by such local educational agency and other involved local educational agencies. 

(7) LOCAL EDUCATIONAL AGENCY LIAISON.— (A) DUTIES.—Each local educational agency liaison for 

homeless children and youth, designated under paragraph 

(1)(J)(ii), shall ensure that— 

(i) all homeless children and youth are identified 

by school personnel and through outreach and coordination activities with other entities and agencies; 

(ii) homeless children and youth are enrolled in, 

and have a full and equal opportunity to succeed in, 

schools of that local educational agency; 

(iii) homeless families, and homeless children and 

youth, have access to educational services for which 

such families, children, and youth are eligible, including services through Head Start, Early Head Start, 

early intervention, and Even Start programs, and preschool programs described in paragraph (3); 

(iv) homeless families, and homeless children and 

youth, receive referrals to health care services, dental 

services, mental health and substance abuse services, 

housing services, and other appropriate services; 

(v) homeless children and youth are certified as eligible for free meals offered under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) 

and the Child Nutrition Act of 1966 (42 U.S.C. 1771 

et seq.), without further application; 

(vi) the parents or guardians of homeless children 

and youth are informed of the educational and related 

opportunities available to their children, including 

early learning opportunities, and are provided with 

meaningful opportunities to participate in the education of their children; 

(vii) public notice of the educational rights of 

homeless children and youth is incorporated into documstockstill on DSK4VPTVN1PROD with HEARINGS

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ments related to residency requirements or enrollment, 

provided upon school enrollment and withdrawal, posted on the local educational agency’s website, and disseminated in locations frequented by parents or guardians of such children and youth, and unaccompanied 

youth, including schools, shelters, public libraries, and 

soup kitchens, in a manner and form understandable 

to parents and guardians of homeless children and 

youth and unaccompanied youth; 

(viii) disputes are resolved in accordance with 

paragraph (4)(E); 

(ix) the parent or guardian of a homeless child or 

youth, and any unaccompanied youth, is fully informed 

of all transportation services, including transportation 

to the school of origin, as described in paragraph 

(1)(J)(iii), and is assisted in accessing transportation to 

the school that is selected under paragraph (4)(A); 

(x) school personnel are adequately prepared to implement this subtitle and receive professional development, resource materials, technical assistance, and 

other support; and 

(xi) unaccompanied youth— 

(I) are enrolled in school; 

(II) have opportunities to meet the same college 

and career ready State student academic achievement standards to which other students are held, 

including through implementation of the policies 

and practices required by subparagraphs (F)(ii) 

and (J)(iv) of paragraph (1); and 

(III) are informed of their status as independent students under section 480 of the Higher 

Education Act of 1965 (20 U.S.C. 1087vv), including through school counselors that have received 

professional development about unaccompanied 

youth, and receive verification of such status for 

purposes of the Free Application for Federal Student Aid described in section 483 of such Act (20 

U.S.C. 1090). 

(B) NOTICE.—State Coordinators appointed under subsection (d)(2) and local educational agencies shall inform 

school personnel, service providers, and advocates working 

with homeless families and homeless children and youth of 

the contact information and duties of the local educational 

agency liaisons, including publishing an annually updated 

list of the liaisons on the State educational agency’s 

website. 

(C) LOCAL AND STATE COORDINATION.—The local educational agency liaisons shall, as a part of their duties, coordinate and collaborate with the State Coordinators and 

community and school personnel responsible for the provision of education and related support services to homeless 

children and youth. Such coordination shall include collecting and providing to the State Coordinator the reliable, 

valid, and comprehensive data needed to meet the requirements of paragraphs (1) and (3) of subsection (f). 

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(D) PROFESSIONAL DEVELOPMENT.—The local educational agency liaisons shall participate in the professional development and other technical assistance activities 

provided by the State Coordinator pursuant to subsection 

(f)(5). 

(8) SCHOOL READINESS FOR HOMELESS CHILDREN.—The 

State educational agency, and the local educational agencies in 

the State, shall ensure that the programs serving public preschool children comply with the requirements of this subtitle. 

(h) EMERGENCY DISASTER GRANTS.— 

(1) IN GENERAL.—The Secretary shall make emergency disaster grants to eligible local educational agencies and eligible 

States described in paragraph (2), in order to increase the capacity for such local educational agencies and States to respond 

to major disasters. 

(2) ELIGIBILITY; APPLICATION.— 

(A) ELIGIBILITY.— 

(i) LOCAL EDUCATIONAL AGENCY ELIGIBILITY.—A 

local educational agency shall be eligible to receive an 

emergency disaster grant under this subsection, based 

on demonstrated need, if such local educational agency’s enrollment of homeless children and youth has increased as a result of a hurricane, flood, or other natural disaster for which the President declared a major 

disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5170 et seq.). 

(ii) STATE ELIGIBILITY.—A State, through the Office of the Coordinator for Education of Homeless Children and Youths in the State educational agency, shall 

be eligible to receive an emergency disaster grant under 

this subsection if there are 1 or more eligible local educational agencies, as described in clause (i), located 

within the State. 

(B) APPLICATION.—In order for an eligible State or an 

eligible local educational agency to receive a grant under 

this subsection, the State educational agency, in consultation with other relevant State agencies, or local educational 

agency shall submit an application to the Secretary at such 

time, in such manner, and containing or accompanied by 

such information as the Secretary may reasonably require. 

(3) DISTRIBUTION OF GRANTS.—The Secretary shall distribute emergency disaster grant funds— 

(A) based on demonstrated need, to State educational 

agencies or local educational agencies for local educational 

agencies whose enrollment of homeless children and youths 

has increased as a result of a hurricane, flood, or other natural disaster for which the President has declared a major 

disaster under title IV of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5170 et 

seq.); 

(B) expeditiously, and in no case later than 75 days 

after such funds are appropriated to the Secretary; and 

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(C) in a manner that enables local educational agencies to use such funds for the immediate needs of disaster 

response and ongoing disaster recovery. 

(4) AMOUNT OF GRANTS.—The Secretary shall distribute 

grants under this subsection in amounts determined by the Secretary and related to the increase in enrollment of homeless 

children and youths as a result of such major disaster. 

(5) USES OF FUNDS.—A local educational agency or State 

educational agency that receives an emergency disaster grant 

under this subsection shall use the grant funds to carry out the 

activities described in section 723(d). 

(6) RESTRICTION.—The Secretary— 

(A) shall determine the amount (if any) by which the 

funds appropriated under section 727 for fiscal year 2009 

exceed $70,000,000; and 

(B) may only use funds from that amount to carry out 

this subsection. 

SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTH. 

(a) GENERAL AUTHORITY.— (1) IN GENERAL.—The State educational agency shall, in 

accordance with section 722(e), and from amounts made available to such agency under section 727, make subgrants to local 

educational agencies for the purpose of facilitating the identification, enrollment, attendance, and success in school of homeless children and youth. 

(2) SERVICES.— (A) IN GENERAL.—Services under paragraph (1)— 

(i) may be provided through programs on school 

grounds or at other facilities; and 

(ii) shall, to the maximum extent practicable, be 

provided through existing programs and mechanisms 

that integrate homeless children and youth with nonhomeless children and youth. 

(B) SERVICES ON SCHOOL GROUNDS.—If services under 

paragraph (1) are provided to homeless children and youth 

on school grounds, the school involved may use funds 

under this subtitle to provide the same services to other 

children and youth who are determined by the local educational agency serving the school to be at risk of failing in, 

or dropping out of, school. 

(3) REQUIREMENT.—Services provided under this section 

shall not replace the regular academic program and shall be 

designed to expand upon or improve services provided as part 

of the school’s regular academic program. 

(4) DURATION OF GRANTS.—Subgrants awarded under this 

section shall be for terms not to exceed 3 years. 

(b) APPLICATION.—A local educational agency that desires to receive a subgrant under this section shall submit an application to 

the State educational agency at such time, in such manner, and 

containing or accompanied by such information as the State educational agency may reasonably require. Such application shall include the following: 

(1) An assessment of the educational and related needs of 

homeless children and youth in the area served by the local 

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educational agency (which may be undertaken as part of a 

needs assessment for another disadvantaged group). 

(2) A description of the services and programs for which assistance is sought to address the needs identified in paragraph 

(1). 

(3) An assurance that the local educational agency’s combined fiscal effort per student, or the aggregate expenditures of 

that agency and the State with respect to the provision of free 

public education by such agency for the fiscal year preceding 

the fiscal year for which the subgrant determination is made, 

was not less than 90 percent of such combined fiscal effort or 

aggregate expenditures for the second fiscal year preceding the 

fiscal year for which the determination is made. 

(4) An assurance that the applicant complies with, or will 

use requested funds to comply with, paragraphs (3) through (7) 

of section 722(g). 

(5) A description of policies and procedures that the agency 

will implement to ensure that activities carried out by the agency will not isolate or stigmatize homeless children and youth. 

(6) An assurance that the local educational agency will collect and promptly provide data requested by the State Coordinator pursuant to paragraphs (1) and (3) of section 722(f). 

(7) An assurance that the local educational agency has removed the policies and practices that have created barriers to 

the identification, enrollment, attendance, retention, and success 

in school of all homeless children and youth. 

(c) AWARDS.— 

(1) IN GENERAL.—The State educational agency shall, in 

accordance with the requirements of this subtitle and from 

amounts made available to it under section 722(a), make subgrants on a competitive basis to local educational agencies that 

submit applications under subsection (b). Such subgrants shall 

be awarded on the basis of the need of such agencies for assistance under this subtitle and the quality of the applications submitted. 

(2) NEED.— 

(A) IN GENERAL.—In determining need under paragraph (1), the State educational agency may consider the 

number of homeless children and youth enrolled in preschool, elementary schools, and secondary schools within 

the area served by the local educational agency, and shall 

consider the needs of such children and youth and the ability of the local educational agency to meet such needs. 

(B) OTHER CONSIDERATIONS.—The State educational 

agency may also consider the following: 

(i) The extent to which the proposed use of funds 

will facilitate the identification, enrollment, attendance, retention, and educational success of homeless 

children and youth. 

(ii) The extent to which the application reflects coordination with other local and State agencies that 

serve homeless children and youth. 

(iii) The extent to which the applicant exhibits in 

the application and in current practice (as of the date 

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of submission of the application) a commitment to education for all homeless children and youth. 

(iv) Such other criteria as the State agency determines to be appropriate. 

(3) QUALITY.—In determining the quality of applications 

under paragraph (1), the State educational agency shall consider each of the following: 

(A) The applicant’s needs assessment under subsection 

(b)(1) and the likelihood that the program presented in the 

application will meet such needs. 

(B) The types, intensity, and coordination of services to 

be provided under the program. 

(C) The extent to which the applicant will promote 

meaningful involvement of parents or guardians of homeless children or youth in the education of their children. 

(D) The extent to which homeless children and youth 

will be integrated into the regular education program involved. 

(E) The quality of the applicant’s evaluation plan for 

the program. 

(F) The extent to which services provided under this 

subtitle will be coordinated with other services available to 

homeless children and youth and their families, including 

housing and social services and services provided under the 

Individuals with Disabilities Education Act (20 U.S.C. 

1400 et seq.), title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), and similar 

State and local programs. 

(G) The extent to which the local educational agency 

will use the subgrant to leverage resources, including by 

maximizing nonsubgrant funding for the position of the liaison described in section 722(g)(1)(J)(ii) and the provision 

of transportation. 

(H) The local educational agency’s use of funds to serve 

homeless children and youth under section 1113(c)(3) of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6313(c)(3)). 

(I) The extent to which the applicant’s program meets 

such other measures as the State educational agency considers to be indicative of a high-quality program, including 

the extent to which the local educational agency will provide services to unaccompanied youth and preschool-aged 

children. 

(J) The extent to which the application describes how 

the applicant will meet the requirements of section 

722(g)(4). 

(d) AUTHORIZED ACTIVITIES.—A local educational agency may 

use funds awarded under this section for activities that carry out 

the purpose of this subtitle, including the following: 

(1) The provision of tutoring, supplemental instruction, and 

enriched educational services that are linked to the achievement 

of the same college and career ready State academic content 

standards and college and career ready State student academic 

achievement standards as the State establishes for other children and youth. 

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(2) The provision of expedited evaluations of the strengths, 

needs, and eligibility of homeless children and youth, including 

needs and eligibility for programs and services (including educational programs for gifted and talented students, children 

with disabilities, and students with limited English proficiency, 

charter school programs, magnet school programs, programs in 

career and technical education, and school nutrition programs). 

(3) Professional development and other activities for educators and specialized instructional support personnel that are 

designed to heighten the understanding and sensitivity of such 

educators and personnel to the needs of homeless children and 

youth, the rights of such children and youth under this subtitle, 

and the specific educational needs of runaway and homeless 

youth. 

(4) The provision of referral services to homeless children 

and youth for medical, dental, mental, and other health services. 

(5) The provision of assistance to defray the cost of transportation under paragraphs (1)(J)(iii) and (5)(A) of section 

722(g), not otherwise provided through Federal, State, or local 

funding. 

(6) The provision of developmentally appropriate early 

childhood education programs, not otherwise provided through 

Federal, State, or local funding. 

(7) The provision of services and assistance to attract, engage, and retain homeless children and youth, particularly 

homeless children and youth who are not enrolled in school, in 

public school programs and services provided to nonhomeless 

children and youth. 

(8) The provision for homeless children and youth of beforeand after-school, mentoring, and summer programs in which a 

teacher or other qualified individual provides tutoring, homework assistance, and supervision of educational activities. 

(9) If necessary, the payment of fees and other costs associated with tracking, obtaining, and transferring records necessary to facilitate the appropriate placement of homeless children and youth in school, including birth certificates, immunization or other required health records, academic records, 

guardianship records, and evaluations for special programs or 

services. 

(10) The provision of education and training to the parents 

of homeless children and youth about the rights of, and resources available to, such children and youth, and other activities designed to increase the meaningful involvement of families 

of homeless children or youth in the education of their children. 

(11) The development of coordination of activities between 

schools and agencies providing services to homeless children 

and youth, as described in section 722(g)(6). 

(12) The provision of specialized instructional support services (including counseling) and referrals for such services. 

(13) Activities to address the particular needs of homeless 

children and youth that may arise from domestic violence and 

parental mental health or substance abuse problems. 

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(14) The adaptation of space and purchase of supplies for 

any nonschool facilities made available under subsection (a)(2) 

to provide services under this subsection. 

(15) The provision of school supplies, including supplies to 

be distributed at shelters or temporary housing facilities, or 

other appropriate locations. 

(16) The provision of assistance to defray the cost of the position of liaison designated pursuant to section 722(g)(1)(J)(ii), 

not otherwise provided through Federal, State, or local funding. 

(17) The provision of other extraordinary or emergency assistance needed to enable homeless children and youth to enroll, 

attend, and succeed in school, including in early childhood education programs. 

SEC. 724. SECRETARIAL RESPONSIBILITIES. 

(a) REVIEW OF STATE PLANS.—In reviewing the State plan submitted by a State educational agency under section 722(g), the Secretary shall use a peer review process and shall evaluate whether 

State laws, policies, and practices described in such plan adequately 

address the problems of all homeless children and youth relating to 

access to education and placement as described in such plan. 

(b) TECHNICAL ASSISTANCE.—The Secretary shall— 

(1) provide support and technical assistance to State educational agencies to assist such agencies in carrying out their 

responsibilities under this subtitle; and 

(2) establish or designate a Federal Office of the Coordinator for Education of Homeless Children and Youths that has 

sufficient capacity, resources, and support to carry out the responsibilities described in this subtitle. 

(c) NOTICE.— (1) IN GENERAL.—The Secretary shall, before the next 

school year that begins after the date of enactment of the 

McKinney-Vento Homeless Education Reauthorization Act of 

2013, develop and disseminate a public notice of the educational rights of homeless children and youth. The notice shall 

include information regarding the definition of homeless children and youth in section 726. 

(2) DISSEMINATION.—The Secretary shall disseminate the 

notice nationally. The Secretary also shall disseminate such notice to heads of other Department of Education offices, including those responsible for special education programs, higher 

education, and programs under parts A, B, C, D, G, and H of 

title I, title III, title IV, and part B of title V of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq., 

6361 et seq., 6391 et seq., 6421 et seq., 6531 et seq., 6551 et seq., 

6801 et seq., 7101 et seq., and 7221 et seq.). The Secretary shall 

also disseminate such notice to heads of other Federal agencies, 

and grant recipients and other entities carrying out federally 

funded programs, including Head Start programs, grant recipients under the Health Care for the Homeless program of the 

Health Resources and Services Administration of the Department of Health and Human Services, grant recipients under the 

Emergency Food and Shelter National Board Program of the 

Federal Emergency Management Agency, grant recipients under 

the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.), 

grant recipients under the John H. Chafee Foster Care Indemstockstill on DSK4VPTVN1PROD with HEARINGS

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pendence program, grant recipients under homeless assistance 

programs administered by the Department of Housing and 

Urban Development, and recipients of Federal funding for programs carried out by the Administration on Children, Youth 

and Families of the Department of Health and Human Services. 

(d) EVALUATION AND DISSEMINATION.—The Secretary shall conduct evaluation, dissemination, and technical assistance activities 

for programs that are designed to meet the educational needs of 

homeless preschool, elementary school, and secondary school students, and may use funds appropriated under section 727 to conduct such activities. 

(e) SUBMISSION AND DISTRIBUTION.—The Secretary shall require applications for grants under section 722 to be submitted to 

the Secretary not later than the expiration of the 120-day period beginning on the date that funds are available for purposes of making 

such grants and shall make such grants not later than the expiration of the 180-day period beginning on such date. 

(f) DETERMINATION BY SECRETARY.—The Secretary, based on 

the information received from the States and information gathered 

by the Secretary under subsection (h), shall determine the extent to 

which State educational agencies are ensuring that each homeless 

child or youth has access to a free appropriate public education, as 

described in section 721(1). The Secretary shall provide support and 

technical assistance to State educational agencies in areas in which 

barriers to a free appropriate public education persist. 

(g) PUBLICATION.—The Secretary shall develop, issue, and publish in the Federal Register, not later than 90 days after the date 

of enactment of the McKinney-Vento Homeless Education Reauthorization Act of 2013, a summary of the changes enacted by that Act 

and related strategies, which summary shall include— 

(1) strategies by which a State can assist local educational 

agencies to implement the provisions amended by the Act; 

(2) strategies by which a State can review and revise State 

policies and procedures that may present barriers to the identification, enrollment, attendance, and success of homeless children and youth in school; and 

(3) strategies by which entities carrying out preschool programs can implement requirements of section 722(g)(3). 

(h) INFORMATION.— 

(1) IN GENERAL.—From funds appropriated under section 

727, the Secretary shall, directly or through grants, contracts, 

or cooperative agreements, periodically but not less frequently 

than every 2 years, collect and disseminate publicly data and 

information regarding— 

(A) the number of homeless children and youth; 

(B) the education and related support services such 

children and youth receive; 

(C) the extent to which the needs of homeless children 

and youth are being met; 

(D) the academic progress being made by homeless 

children and youth, including the percent or number of 

homeless children and youth participating in State assessments; and 

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(E) such other data and information as the Secretary 

determines to be necessary and relevant to carry out this 

subtitle. 

(2) COORDINATION.—The Secretary shall coordinate such 

collection and dissemination with other agencies and entities 

that receive assistance and administer programs under this 

subtitle. 

(i) REPORT.—Not later than 4 years after the date of enactment 

of the McKinney-Vento Homeless Education Reauthorization Act of 

2013, the Secretary shall prepare and submit to the President and 

the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and 

Pensions of the Senate a report on the status of the provision of education and related support services to homeless children and youth, 

which shall include information on— 

(1) the education of homeless children and youth; and 

(2) the actions of the Secretary and the effectiveness of the 

programs supported under this subtitle. 

SEC. 725. RULE OF CONSTRUCTION. 

Nothing in this subtitle shall be construed to diminish the 

rights of parents or guardians of homeless children or youth, or unaccompanied youth, otherwise provided under State law, policy, or 

practice, including laws or policies that authorize the best interest 

determination in section 722(g)(3) to be made solely by the parent, 

guardian, or youth involved. 

SEC. 726. DEFINITIONS. 

In this subtitle: 

(1) ENROLL; ENROLLMENT.—The terms ‘‘enroll’’ and ‘‘enrollment’’ include attending classes and participating fully in 

school activities. 

(2) HOMELESS CHILDREN AND YOUTH.—The term ‘‘homeless 

children and youth’’— 

(A) means individuals who lack a fixed, regular, and 

adequate nighttime residence (within the meaning of section 103(a)(1)); and 

(B) includes— 

(i) children and youth who— 

(I) are sharing the housing of other persons 

due to loss of housing, economic hardship, or a 

similar reason; 

(II) are living in motels, hotels, trailer parks, 

or camping grounds due to the lack of alternative 

adequate accommodations; 

(III) are living in emergency or transitional 

shelters; or 

(IV) are abandoned in hospitals; 

(ii) children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of 

section 103(a)(2)); 

(iii) children and youth who are living in cars, 

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standard housing, bus or train stations, or similar settings; and 

(iv) migratory children (as such term is defined in 

section 1312 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the 

purposes of this subtitle because the children are living 

in circumstances described in clauses (i) through (iii). 

(3) LOCAL EDUCATIONAL AGENCY; STATE EDUCATIONAL

AGENCY.—The terms ‘‘local educational agency’’ and ‘‘State educational agency’’ have the meanings given such terms in section 

9101 of the Elementary and Secondary Education Act of 1965 

(20 U.S.C. 7801). 

(4) SCHOOL.—The term ‘‘school’’ includes charter schools, 

virtual schools, distance learning programs, and other public 

education programs administered by a State or local educational agency. 

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Education. 

(6) STATE.—The term ‘‘State’’ means each of the 50 States, 

the District of Columbia, and the Commonwealth of Puerto 

Rico. 

(7) UNACCOMPANIED YOUTH.—The term ‘‘unaccompanied 

youth’’ means a homeless child or youth not in the physical custody of a parent or legal guardian. 

SEC. 727. AUTHORIZATION OF APPROPRIATIONS. 

For the purpose of carrying out this subtitle, there are authorized to be appropriated such sums as may be necessary for fiscal 

year 2014 and each of the 6 succeeding fiscal years. 

* * * * * * * 

DEPARTMENT OF EDUCATION ORGANIZATION ACT 

* * * * * * * 

SEC. 220. (a) ESTABLISHMENT.—* * * 

* * * * * * * 

SEC. 221. ADVANCED RESEARCH PROJECTS AGENCY-EDUCATION. 

(a) ESTABLISHMENT.—There shall be in the Department an Advanced Research Projects Agency-Education (referred to in this section as ‘‘ARPA-ED’’). 

(b) PURPOSES.—ARPA-ED is established under this section for 

the purposes of pursuing breakthrough research and development in 

educational technology and providing the effective use of the technology to improve achievement for all students, by— 

(1) identifying and promoting revolutionary advances in 

fundamental and applied sciences and engineering that could 

be translated into new learning technologies; 

(2) developing novel learning technologies, and the enabling 

processes and contexts for effective use of those technologies; 

(3) developing, testing, and evaluating the impact and efficacy of those technologies; 

(4) accelerating transformational technological advances in 

areas in which the private sector, by itself, is not likely to accelerate such advances because of difficulties in implementation or 

adoption, or technical and market uncertainty; 

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(5) coordinating activities with nongovernmental entities to 

demonstrate technologies and research applications to facilitate 

technology transfer; and 

(6) encouraging educational research using new technologies and the data produced by the technologies. 

(c) AUTHORITIES OF SECRETARY.—The Secretary is authorized 

to— 

(1) appoint a Director, who shall be responsible for carrying 

out the purposes of ARPA-ED, as described in subsection (b), 

and such additional functions as the Secretary may prescribe; 

(2) establish processes for the development and execution of 

projects and the solicitation of entities to carry out the projects 

in a manner that is— 

(A) tailored to the purposes of ARPA-ED and not constrained by other Department-wide administrative requirements that could detract from achieving program results; 

and 

(B) designed to heighten transparency, and public- and 

private-sector involvement, to ensure that investments are 

made in the most promising areas; 

(3) award grants, contracts, cooperative agreements, and 

cash prizes, and enter into other transactions (in accordance 

with such regulations as the Secretary may establish regarding 

other transactions); 

(4) make appointments of up to 20 scientific, engineering, 

professional, and other mission-related employees, for periods of 

up to 4 years (which appointments may not be renewed) without 

regard to the provisions of title 5, United States Code, governing appointments in the competitive service; 

(5)(A) prescribe the rates of basic pay for the personnel described in paragraph (4) at rates not in excess of the maximum 

rate of basic pay authorized for senior-level positions under section 5376 of title 5, United States Code, notwithstanding any 

provision of that title governing the rates of basic pay or classification of employees in the executive branch, but those personnel shall not receive any payment for service (such as an 

award, premium payment, incentive payment or bonus, allowance, or other similar payment) under any other provision of 

that title; and 

(B) pay any employee appointed pursuant to paragraph (4) 

payments in addition to that basic pay, except that the total 

amount of those payments for any calendar year shall not exceed the lesser of— 

(i) $25,000; or 

(ii) the difference between the employee’s annual rate of 

basic pay under paragraph (4) and the annual rate for 

level I of the Executive Schedule under section 5312 of title 

5, United States Code, based on the rates in effect at the 

end of the applicable calendar year (or, if the employee separated during that year, on the date of separation); 

(6) obtain independent, periodic, rigorous evaluations, as 

appropriate, of— 

(A) the effectiveness of the processes ARPA-ED is using 

to achieve its purposes; and 

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(B) the effectiveness of individual projects assisted by 

ARPA-ED, using evidence standards developed in consultation with the Institute of Education Sciences, and the suitability of ongoing projects assisted by ARPA-ED for further 

investment or increased scale; and 

(7) disseminate, through the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602), the regional educational laboratories system established under section 174 of the Education 

Sciences Reform Act of 2002 (20 U.S.C. 9564), or such other 

means as the Secretary determines to be appropriate, information on effective practices and technologies developed with 

ARPA-ED support. 

(d) EVALUATION FUNDS.—The Secretary may use funds made 

available for ARPA-ED to pay the cost of the evaluations under subsection (c)(6). 

(e) FEDERAL ADVISORY COMMITTEE ACT.—Notwithstanding any 

other provision of law, any advisory committee convened by the Secretary to provide advice with respect to this section shall be exempt 

from the requirements of the Federal Advisory Committee Act (5 

U.S.C. App.) and the definition of ‘‘employee’’ in section 2105 of title 

5, United States Code, shall not be considered to include any appointee to such a committee. 

(f) NONDUPLICATION.—To the maximum extent practicable, the 

Secretary shall ensure that grants, contracts, cooperative agreements, cash prizes, or other assistance or arrangements awarded or 

entered into pursuant to this section that are designed to carry out 

the purposes of ARPA-ED do not duplicate activities under programs carried out under Federal law other than this section by the 

Department or other Federal agencies. 

* * * * * * * 

PART B—MISCELLANEOUS PROVISIONS 

HIGHER EDUCATION ACT OF 1965 

* * * * * * * 

SEC. 103. ADDITIONAL DEFINITIONS. 

In this Act: 

(1) AUTHORIZING COMMITTEES.—* * * 

* * * * * * * 

(24) UNIVERSAL DESIGN FOR LEARNING.—* * * 

(A) * * * 

(B) reduces barriers in instruction, provides appropriate accommodations, supports, and challenges, and 

maintains high achievement expectations for all students, 

including students with disabilities and østudents who are 

limited English proficient¿English learners. 

* * * * * * * 

SEC. 200. DEFINITIONS. 

In this title: 

(1) ARTS AND SCIENCES.—The term ‘‘arts and sciences’’ 

means— 

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(A) * * * 

* * * * * * * 

(6) ELIGIBLE PARTNERSHIP.—* * * 

(A) shall include—* * * 

* * * * * * * 

(B) may include any of the following: 

(i) * * * 

* * * * * * * 

(x) A charter school (as defined in øsection 

5210¿section 5411 of the Elementary and Secondary 

Education Act of 1965). 

* * * * * * * 

ø(8) EXEMPLARY TEACHER.—The term ‘‘exemplary teacher’’ 

has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 .¿ 

ø(9)¿(8) HIGH-NEED EARLY CHILDHOOD EDUCATION PRO- GRAM.—The term ‘‘high-need early childhood education program’’ means an early childhood education program serving 

children from low-income families that is located within the geographic area served by a high-need local educational agency. 

ø(10)¿(9) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—* * * 

* * * * * * * 

ø(11)¿(10) HIGH-NEED SCHOOL.— 

(A) IN GENERAL.—* * * 

* * * * * * * 

ø(12)¿(11) HIGHLY COMPETENT.—* * * 

* * * * * * * 

øø(13)¿(12) HIGHLY QUALIFIED.—The term ‘‘highly qualified’’ has the meaning given such term in section 9101 of the 

Elementary and Secondary Education Act of 1965 and, with respect to special education teachers, in section 602 of the Individuals with Disabilities Education Act.¿ 

(12) HIGHLY QUALIFIED TEACHER.—The term ‘‘highly qualified teacher’’ has the meaning given such term in section 9101 

of the Elementary and Secondary Education Act of 1965. 

ø(14)¿(13) INDUCTION PROGRAM.—* * * 

* * * * * * * 

øø(15)¿(14) LIMITED ENGLISH PROFICIENT.—The term ‘‘limited English proficient’’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 

1965.¿ 

(14) ENGLISH LEARNER.—The term ‘‘English learner’’ has 

the meaning given the term in section 9101 of the Elementary 

and Secondary Education Act of 1965. 

ø(16)¿(15) PARENT.—* * * 

ø(17)¿(16) PARTNER INSTITUTION.—* * * 

* * * * * * * 

(B) that requires— 

(i) * * * 

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(ii) each student in the program preparing to become a teacher øto become highly qualified¿to become 

a highly qualified teacher; and 

* * * * * * * 

ø(18)¿(17) PRINCIPLES OF SCIENTIFIC RESEARCH.—* * * 

* * * * * * * 

ø(19)¿(18) PROFESSIONAL DEVELOPMENT.—* * * 

ø(20)¿(19) SCIENTIFICALLY VALID RESEARCH.—* * * 

ø(21)¿(20) TEACHER MENTORING.—* * * 

(A) * * * 

* * * * * * * 

ø(22)¿(21) TEACHING RESIDENCY PROGRAM.—* * * 

(A) * * * 

* * * * * * * 

(D) prior to completion of the program— 

(i) attains full State certification or licensure and 

øbecomes highly qualified¿becomes a highly qualified 

teacher; and 

* * * * * * * 

ø(23)¿(22) TEACHING SKILLS.—* * * 

(A) * * * 

* * * * * * * 

(D) * * * 

(i) * * * 

* * * * * * * 

(iii) focus on the identification of students’ specific 

learning needs, particularly students with disabilities, 

østudents who are limited English proficient¿English 

learners, students who are gifted and talented, and 

students with low literacy levels, and the tailoring of 

academic instruction to such needs; 

(E) * * * 

* * * * * * * 

SEC. 202. PARTNERSHIP GRANTS. 

(a) PROGRAM AUTHORIZED.—* * * 

(b) APPLICATION.—* * * 

(1) * * * 

* * * * * * * 

(6) a description of— 

(A) * * * 

* * * * * * * 

(E) how the partnership will align the teacher preparation program under subsection (c) with the— 

(i) * * * 

(ii) østudent academic achievement standards and 

academic content standards under section 

1111(b)(1)¿college and career ready State academic 

content standards and student academic achievement 

standards under section 1111(a)(1) of the Elementary 

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and Secondary Education Act of 1965, established by 

the State in which the partnership is located; 

* * * * * * * 

(G) how the partnership will prepare general education and special education teachers to teach østudents 

who are limited English proficient¿English learners; 

* * * * * * * 

(d) PARTNERSHIP GRANTS FOR THE PREPARATION OF TEACH- ERS.—* * * 

(1) REFORMS.— (A) IN GENERAL.—* * * 

(i) preparing— 

(I) new or prospective teachers to be highly 

qualified teachers (including teachers in rural 

school districts who may teach multiple subjects, 

special educators, and teachers of østudents who 

are limited English proficient¿English learners 

who may teach multiple subjects); 

* * * * * * * 

(B) REQUIRED REFORMS.—The reforms described in 

subparagraph (A) shall include— 

(i) implementing teacher preparation program curriculum changes that improve, evaluate, and assess 

how well all prospective and new teachers develop 

teaching skills; 

(ii) * * * 

(I) * * * 

* * * * * * * 

(IV) * * * 

(aa) meet the specific learning needs of 

all students, including students with disabilities, østudents who are limited English proficient¿English learners, students who are 

gifted and talented, students with low literacy 

levels and, as applicable, children in early 

childhood education programs; and 

* * * * * * * 

(iii) ensuring collaboration with departments, programs, or units of a partner institution outside of the 

teacher preparation program in all academic content 

areas to ensure that prospective teachers receive 

training in both teaching and relevant content areas 

in order to become highly qualified teachers, which 

may include training in multiple subjects to teach 

multiple grade levels as may be needed for individuals 

preparing to teach in rural communities and for individuals preparing to teach students with disabilities 

as described in section 602(10)(D) of the Individuals 

with Disabilities Education Act; 

* * * * * * * 

(5) TEACHER RECRUITMENT.—* * * 

(A) * * * 

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(B) individuals to teach in rural communities and 

teacher shortage areas, including mathematics, science, 

special education, and the instruction of ølimited English 

proficient students¿English learners; and 

* * * * * * * 

SEC. 204. ACCOUNTABILITY AND EVALUATION. 

(a) ELIGIBLE PARTNERSHIP EVALUATION.—* * * 

(1) * * * 

* * * * * * * 

(4)(A) * * * 

* * * * * * * 

(D) the percentage of highly qualified teachers hired by the 

high-need local educational agency who teach in high-need 

areas (including special education, language instruction educational programs for ølimited English proficient students¿English learners, and early childhood education); 

* * * * * * * 

SEC. 205. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE TEACHERS. 

(a) INSTITUTIONAL AND PROGRAM REPORT CARDS ON THE QUALITY OF TEACHER PREPARATION.— 

(1) REPORT CARD.—* * * 

(A) GOALS AND ASSURANCES.— 

(i) * * * 

* * * * * * * 

(G) TEACHER TRAINING.—A description of the activities 

that prepare general education and special education 

teachers to teach students with disabilities effectively, including training related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act, and to effectively teach østudents who are limited English proficient¿English learners. 

* * * * * * * 

(b) STATE REPORT CARD ON THE QUALITY OF TEACHER PREPARATION.— 

(1) IN GENERAL.—* * * 

* * * * * * * 

(C) A description of how the assessments and requirements described in subparagraph (A) are aligned with the 

øState’s challenging academic content standards required 

under section 1111(b)(1)¿college and career ready State 

academic content standards required under section 

1111(a)(1) of the Elementary and Secondary Education Act 

of 1965 and, as applicable, State early learning standards 

for early childhood education programs. 

* * * * * * * 

(L) The extent to which teacher preparation programs 

prepare teachers, including general education and special 

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education teachers, to effectively teach østudents who are 

limited English proficient¿English learners. 

* * * * * * * 

SEC. 206. TEACHER DEVELOPMENT. 

(a) ANNUAL GOALS.—Each institution of higher education that 

conducts a traditional teacher preparation program (including programs that offer any ongoing professional development programs) 

or alternative routes to State certification or licensure program, 

and that enrolls students receiving Federal assistance under this 

Act, shall set annual quantifiable goals for increasing the number 

of prospective teachers trained in teacher shortage areas designated by the Secretary or by the State educational agency, including mathematics, science, special education, and instruction of 

ølimited English proficient students¿English learners. 

(b) ASSURANCES.—* * * 

(1) * * * 

* * * * * * * 

(4) general education teachers receive training in providing 

instruction to diverse populations, including children with disabilities, ølimited English proficient students¿English learners, 

and children from low-income families; and 

(5) * * * 

* * * * * * * 

SEC. 208. GENERAL PROVISIONS. 

(a) METHODS.—* * * 

(b) SPECIAL RULE.—For each State that does not use content 

assessments as a means of ensuring that all teachers teaching in 

core academic subjects within the State are highly qualified teachers, as required under section 1119 of the Elementary and Secondary Education Act of 1965, in accordance with the State plan 

submitted or revised under section 1111 of such Act , and that each 

person employed as a special education teacher in the State who 

teaches elementary school or secondary school øis highly qualified 

¿is a highly qualified teacher by the deadline, as required under 

section 612(a)(14)(C) of the Individuals with Disabilities Education 

Act, the Secretary shall— 

(1) * * * 

* * * * * * * 

SEC. 242. AUGUSTUS F. HAWKINS CENTERS OF EXCELLENCE. 

(a) PROGRAM AUTHORIZED.—* * * 

(b) USE OF FUNDS.—Grants provided by the Secretary under 

this subpart shall be used to ensure that current and future teachers are highly qualified teachers by carrying out one or more of the 

following activities: 

(1) Implementing reforms within teacher preparation programs to ensure that such programs are preparing teachers 

who are highly qualified teachers, are able to understand scientifically valid research, and are able to use advanced technology effectively in the classroom, including use of instructional techniques to improve student academic achievement, 

by— 

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(A) * * * 

* * * * * * * 

SEC. 251. TEACH TO REACH GRANTS. 

(a) AUTHORIZATION OF PROGRAM.— 

(1) IN GENERAL.—* * * 

* * * * * * * 

(b) DEFINITION OF ELIGIBLE PARTNERSHIP.—In this section, the 

term ‘‘eligible partnership’’ means a partnership that— 

(1) shall include— 

(A) one or more departments or programs at an institution of higher education— 

(i) * * * 

* * * * * * * 

(iii) the graduates of which are highly qualified 

teachers; 

* * * * * * * 

SEC. 255. ADJUNCT TEACHER CORPS. 

(a) PURPOSE.—* * * 

* * * * * * * 

(k) DEFINITION.—In this section, the term ‘‘adjunct content specialist’’ means an individual who— 

(1) meets the requirements of øsection 

9101(23)(B)(ii)¿section 9101(32)(A)(ii)(II) of the Elementary and 

Secondary Education Act of 1965; 

(2) * * * 

(3) is not the primary provider of instructional services to 

a student, unless the adjunct content specialist is under the direct supervision of a teacher who meets the requirements of 

øsection 9101(23)¿section 9101(32) of such Act. 

* * * * * * * 

SEC. 258. GRADUATE FELLOWSHIPS TO PREPARE FACULTY IN HIGHNEED AREAS AT COLLEGES OF EDUCATION. 

(a) GRANTS BY SECRETARY.—* * * 

* * * * * * * 

(d) TYPES OF FELLOWSHIPS SUPPORTED.— 

(1) IN GENERAL.—An eligible institution that receives a 

grant under this section shall use the grant funds to provide 

graduate fellowships to individuals who are preparing for the 

professorate in order to prepare individuals to become highly 

qualified teachers who will be elementary school and secondary 

school mathematics and science teachers, special education 

teachers, and teachers who provide instruction for ølimited 

English proficient students¿English learners. 

(2) TYPES OF STUDY.—* * * 

(A) * * * 

* * * * * * * 

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(C) The instruction of ølimited English proficient students¿English learners, including postbaccalaureate study 

in language instruction educational programs. 

* * * * * * * 

SEC. 402B. TALENT SEARCH. 

(a) PROGRAM AUTHORITY.—* * * 

* * * * * * * 

(c) PERMISSIBLE SERVICES.—Any project assisted under this 

section may provide services such as— 

(1) * * * 

* * * * * * * 

(7) programs and activities as described in subsection (b) 

or paragraphs (1) through (6) of this subsection that are specially designed for østudents who are limited English proficient¿English learners, students from groups that are traditionally underrepresented in postsecondary education, students 

with disabilities, students who are homeless children and 

youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), students who are in foster care or are aging out of the foster care 

system, or other disconnected students. 

* * * * * * * 

SEC. 402C. UPWARD BOUND. 

(a) PROGRAM AUTHORITY.—* * * 

* * * * * * * 

(d) PERMISSIBLE SERVICES.—Any project assisted under this 

section may provide such services as— 

(1) * * * 

* * * * * * * 

(7) programs and activities as described in subsection (b), 

subsection (c), or paragraphs (1) through (6) of this subsection 

that are specially designed for østudents who are limited 

English proficient¿English learners, students from groups that 

are traditionally underrepresented in postsecondary education, 

students with disabilities, students who are homeless children 

and youths (as such term is defined in section 725 of the 

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), 

students who are in foster care or are aging out of the foster 

care system, or other disconnected students. 

* * * * * * * 

SEC. 402D. STUDENT SUPPORT SERVICES. 

(a) PROGRAM AUTHORITY.—The Secretary shall carry out a program to be known as student support services which shall be designed— 

(1) * * * 

* * * * * * * 

(3) to foster an institutional climate supportive of the success of østudents who are limited English proficient¿English 

learners, students from groups that are traditionally underrepmstockstill on DSK4VPTVN1PROD with HEARINGS

1029 

resented in postsecondary education, students with disabilities, 

students who are homeless children and youths (as such term 

is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), students who are in foster 

care or are aging out of the foster care system, or other disconnected students; and 

* * * * * * * 

(c) PERMISSIBLE SERVICES.—A project assisted under this section may provide services such as— 

(1) * * * 

* * * * * * * 

(6) programs and activities as described in subsection (b) 

or paragraphs (1) through (4) of this subsection that are specially designed for østudents who are limited English proficient¿English learners, students from groups that are traditionally underrepresented in postsecondary education, students 

with disabilities, students who are homeless children and 

youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), students who are in foster care or are aging out of the foster care 

system, or other disconnected students. 

* * * * * * * 

SEC. 402F. EDUCATIONAL OPPORTUNITY CENTERS. 

(a) PROGRAM AUTHORITY; SERVICES PROVIDED.—* * * 

* * * * * * * 

(b) PERMISSIBLE SERVICES.—An educational opportunity center 

assisted under this section may provide services such as— 

(1) * * * 

* * * * * * * 

(11) programs and activities as described in paragraphs (1) 

through (10) that are specially designed for østudents who are 

limited English proficient¿English learners, students from 

groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are 

homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 

U.S.C. 11434a)), students who are in foster care or are aging 

out of the foster care system, or other disconnected students. 

* * * * * * * 

SEC. 404D. ACTIVITIES. 

(a) REQUIRED ACTIVITIES.—* * * 

(1) * * * 

* * * * * * * 

(b) PERMISSIBLE ACTIVITIES FOR STATES AND PARTNERSHIPS.— * * * 

(1) * * * 

* * * * * * * 

(10) Providing other activities designed to ensure secondary school completion and postsecondary education enrollment of at-risk children, such as— 

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1030 

(A) * * * 

* * * * * * * 

(K) programs and activities described in this subsection that are specially designed for østudents who are 

limited English proficient¿English learners. 

* * * * * * * 

(c) ADDITIONAL PERMISSIBLE ACTIVITIES FOR STATES.—* * * 

(1) Providing technical assistance to— 

(A) * * * 

* * * * * * * 

(6)(A) Disseminating information on effective coursework 

and support services that assist students in obtaining the goals 

described in subparagraph (B)(ii). 

(B) Identifying and disseminating information on best 

practices with respect to— 

(i) * * * 

(ii) preparing students, including students with disabilities and østudents who are limited English proficient¿English learners, to succeed academically in, and 

prepare financially for, postsecondary education. 

* * * * * * * 

SEC. 428J. LOAN FORGIVENESS FOR TEACHERS. 

(a) STATEMENT OF PURPOSE.—* * * 

(b) PROGRAM AUTHORIZED.—* * * 

(1) * * * 

(A) * * * 

(B) if employed as an elementary school or secondary 

school teacher, øis highly qualified¿is a highly qualified 

teacher as defined in section 9101 of the Elementary Secondary Education Act of 1965, or meets the requirements 

of subsection (g)(3); and 

(2) is not in default on a loan for which the borrower seeks 

forgiveness. 

* * * * * * * 

SEC. 428K. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL 

NEED. 

(a) PROGRAM AUTHORIZED.— (1) LOAN FORGIVENESS AUTHORIZED.—* * * 

* * * * * * * 

(b) AREAS OF NATIONAL NEED.—* * * 

(1) EARLY CHILDHOOD EDUCATORS.—* * * 

* * * * * * * 

(5) HIGHLY QUALIFIED TEACHERS SERVING øSTUDENTS WHO

ARE LIMITED ENGLISH PROFICIENT¿ENGLISH LEARNERS, low-income communities, and underrepresented populations.—The 

individual— 

(A) øis highly qualified¿is a highly qualified teacher, as such term is defined in section 9101 of the Elementary 

and Secondary Education Act of 1965; and 

(B) is employed full-time— 

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1031 

(i) as a teacher educating østudents who are limited English proficient¿English learners; 

* * * * * * * 

SEC. 460. LOAN CANCELLATION FOR TEACHERS. 

(a) STATEMENT OF PURPOSE.—* * * 

(b) PROGRAM AUTHORIZED.—* * * 

(1) has been employed as a full-time teacher for 5 consecutive complete school years— 

(A) * * * 

(B) if employed as an elementary school or secondary 

school teacher, øis highly qualified¿is a highly qualified 

teacher as defined in section 9101 of the Elementary and 

Secondary Education Act of 1965, or meets the requirements of subsection (g)(3); and 

(2) is not in default on a loan for which the borrower seeks 

forgiveness. 

* * * * * * * 

SEC. 741. FUND FOR THE IMPROVEMENT OF POSTSECONDARY 

EDUCATION. 

(a) AUTHORITY.—* * * 

(1) * * * 

* * * * * * * 

(10) the provision of support and assistance to partnerships between institutions of higher education and secondary 

schools with a significant population of students identified as 

late-entering ølimited English proficient students¿English 

learners, to establish programs that— 

(A) * * * 

* * * * * * * 

SEC. 806. TEACH FOR AMERICA. 

(a) DEFINITIONS.—For purposes of this section: 

(1) GRANTEE.—The term ‘‘grantee’’ means Teach For America, Inc. 

ø(2) HIGHLY QUALIFIED.—The term ‘‘highly qualified’’ has 

the meaning given the term in section 9101 of the Elementary 

and Secondary Education Act of 1965 or section 602 of the Individuals with Disabilities Education Act.¿ 

(2) HIGHLY QUALIFIED TEACHER.—The term ‘‘highly qualified teacher’’ has the meaning given the term in section 9101 of 

the Elementary and Secondary Education Act of 1965. 

* * * * * * * 

INDIVIDUALS WITH DISABILITIES EDUCATION ACT 

* * * * * * * 

SEC. 602. DEFINITIONS. 

Except as otherwise provided, in this title: 

(1) ASSISTIVE TECHNOLOGY DEVICE.— 

(A) IN GENERAL.—* * * 

* * * * * * * 

(10) HIGHLY QUALIFIED.— 

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1032 

(A) IN GENERAL.—For any special education teacher, 

the term ‘‘highly qualified’’ øhas the meaning given the 

term in section 9101¿means that the teacher is a highly 

qualified teacher in accordance with subparagraphs (A) 

and (B) of section 9101(32) of the Elementary and Secondary Education Act of 1965, except that such term 

also— 

(i) includes the requirements described in subparagraph (B); and 

(ii) includes the option for teachers to meet the 

ørequirements of section 9101¿requirements for a 

highly qualified teacher as defined in section 

9101(32)(A) of such Act by meeting the requirements 

of subparagraph (C) or (D). 

* * * * * * * 

(C) SPECIAL EDUCATION TEACHERS TEACHING TO ALTER- NATE ACHIEVEMENT STANDARDS.—When used with respect 

to a special education teacher who teaches core academic 

subjects exclusively to children who are assessed against 

alternate achievement standards established under the 

regulations promulgated under øsection 1111(b)(1)¿section 

1111(a)(1) of the Elementary and Secondary Education Act 

of 1965, such term means the teacher, whether new or not 

new to the profession, may either— 

(i) meet the applicable ørequirements of section 

9101¿requirements for a highly qualified teacher, as 

defined in section 9101 of such Act for any elementary, 

middle, or secondary school teacher who is new or not 

new to the profession; or 

(ii) meet the requirements of øsubparagraph (B) 

or (C) of section 9101(23)¿clause (ii) or (iii) of section 

9101(32)(A) of such Act as applied to an elementary 

school teacher, or, in the case of instruction above the 

elementary level, has subject matter knowledge appropriate to the level of instruction being provided, as determined by the State, needed to effectively teach to 

those standards. 

(D) SPECIAL EDUCATION TEACHERS TEACHING MULTIPLE

SUBJECTS.—When used with respect to a special education 

teacher who teaches 2 or more core academic subjects exclusively to children with disabilities, such term means 

that the teacher may either— 

(i) meet the øapplicable requirements of section 

9101¿applicable requirements to be a highly qualified 

teacher as defined in section 9101 of the Elementary 

and Secondary Education Act of 1965 for any elementary, middle, or secondary school teacher who is new 

or not new to the profession; 

(ii) in the case of a teacher who is not new to the 

profession, demonstrate competence in all the core 

academic subjects in which the teacher teaches in the 

same manner as is required for an elementary, middle, or secondary school teacher who is not new to the 

profession under øsection 9101(23)(C)(ii)¿section 

9101(32)(A)(iii)(II) of such Act, which may include a 

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1033 

single, high objective uniform State standard of evaluation covering multiple subjects; or 

(iii) in the case of a new special education teacher 

who teaches multiple subjects and who is highly qualified in mathematics, language arts, or science, demonstrate competence in the other core academic subjects in which the teacher teaches in the same manner 

as is required for an elementary, middle, or secondary 

school teacher under øsection 9101(23)(C)(ii)¿section 

9101(32)(A)(iii)(II) of such Act, which may include a 

single, high objective uniform State standard of evaluation covering multiple subjects, not later than 2 

years after the date of employment. 

* * * * * * * 

(F) DEFINITION FOR PURPOSES OF THE ESEA.—A teacher who is highly qualified under this paragraph shall be 

considered øhighly qualified for purposes of¿to be a highly 

qualified teacher for purposes of the Elementary and Secondary Education Act of 1965. 

* * * * * * * 

(18) LIMITED ENGLISH PROFICIENT.—The term ‘‘limited 

English proficient’’ øhas the meaning given the term in section 

9101 of the Elementary and Secondary Education Act of 

1965¿when used in reference to an individual, means an individual who meets the requirements described in subparagraphs 

(C) and (D) of section 9101(23) of the Elementary and Secondary Education Act of 1965. 

* * * * * * * 

SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; AUTHORIZATION OF APPROPRIATIONS. 

(a) GRANTS TO STATES.— 

(1) PURPOSE OF GRANTS.—* * * 

* * * * * * * 

(e) STATE-LEVEL ACTIVITIES.— 

(1) STATE ADMINISTRATION.— 

(A) IN GENERAL.—* * * 

* * * * * * * 

(2) OTHER STATE-LEVEL ACTIVITIES.— 

(A) STATE-LEVEL ACTIVITIES.— 

(i) IN GENERAL.—* * * 

* * * * * * * 

(C) AUTHORIZED ACTIVITIES.—Funds reserved under 

subparagraph (A) may be used to carry out the following 

activities: 

(i) * * * 

* * * * * * * 

(x) To support the development and provision of 

appropriate accommodations for children with disabilities, or the development and provision of alternate assessments that are valid and reliable for assessing the 

performance of children with disabilities, in accordmstockstill on DSK4VPTVN1PROD with HEARINGS

1034 

ance with øsections 1111(b) and 6111¿sections 1111 

and 1131 of the Elementary and Secondary Education 

Act of 1965. 

(xi) To provide technical assistance to schools and 

local educational agencies, and direct servicesø, including supplemental educational services as defined in 

1116(e) of the Elementary and Secondary Education 

Act of 1965¿ to children with disabilities, in schools or 

local educational agencies identified for improvement 

under section 1116 of the Elementary and Secondary 

Education Act of 1965 on the sole basis of the assessment results of the disaggregated subgroup of children 

with disabilities, including providing professional development to special and regular education teachers, 

who teach children with disabilities, based on scientifically based research to improve educational instruction, in order to improve academic achievement to 

meet or exceed the øobjectives established by the State 

under section 1111(b)(2)(G)¿targets established by the 

State under section 1111(a)(3)(C) of the Elementary 

and Secondary Education Act of 1965. 

* * * * * * * 

SEC. 612. STATE ELIGIBILITY. 

(a) IN GENERAL.—A State is eligible for assistance under this 

part for a fiscal year if the State submits a plan that provides assurances to the Secretary that the State has in effect policies and 

procedures to ensure that the State meets each of the following 

conditions: 

(1) FREE APPROPRIATE PUBLIC EDUCATION.— 

(A) IN GENERAL.—* * * 

* * * * * * * 

(15) PERFORMANCE GOALS AND INDICATORS.—The State— 

(A) has established goals for the performance of children with disabilities in the State that— 

(i) promote the purposes of this title, as stated in 

section 601(d); 

ø(ii) are the same as the State’s definition of adequate yearly progress, including the State’s objectives 

for progress by children with disabilities, under section 1111(b)(2)(C) of the Elementary and Secondary 

Education Act of 1965;¿ 

ø(iii)¿(ii) * * * 

ø(iv)¿(iii) * * * 

(B) has established performance indicators the State 

will use to assess progress toward achieving the goals described in subparagraph (A)ø, including measurable annual objectives for progress by children with disabilities 

under section 1111(b)(2)(C)(v)(II)(cc) of the Elementary and 

Secondary Education Act of 1965¿; and 

(C) will annually report to the Secretary and the public on the progress of the State, and of children with disabilities in the State, toward meeting the goals established 

under subparagraph (A), which may include elements of 

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1035 

the reports required under øsection 1111(h)¿section 1111(e) 

of the Elementary and Secondary Education Act of 1965. 

(16) PARTICIPATION IN ASSESSMENTS.— (A) IN GENERAL.—* * * 

* * * * * * * 

(C) ALTERNATE ASSESSMENTS.— (i) IN GENERAL.—* * * 

(ii) REQUIREMENTS FOR ALTERNATE ASSESS- MENTS.—The guidelines under clause (i) shall provide 

for alternate assessments that— 

(I) * * * 

(II) if the State has adopted alternate academic achievement standards permitted under the 

regulations promulgated to carry out øsection 

1111(b)(1)¿section 1111(a) of the Elementary and 

Secondary Education Act of 1965, measure the 

achievement of children with disabilities against 

those standards. 

* * * * * * * 

SEC. 654. USE OF FUNDS. 

(a) PROFESSIONAL DEVELOPMENT ACTIVITIES.—* * * 

(1) Carrying out programs that provide support to both 

special education and regular education teachers of children 

with disabilities and principals, such as programs that— 

(A) * * * 

(B) use standards or assessments for guiding beginning teachers that are consistent with øchallenging State 

student academic achievement and functional standards 

and with the requirements for professional development, 

as defined in section 9101¿college and career ready State 

academic achievement and functional standards and with 

the requirements for professional development, as defined 

in section 9101 of the Elementary and Secondary Education Act of 1965; and 

(C)* * * 

* * * * * * * 

SEC. 663. TECHNICAL ASSISTANCE, DEMONSTRATION PROJECTS, DISSEMINATION OF INFORMATION, AND IMPLEMENTATION 

OF SCIENTIFICALLY BASED RESEARCH. 

(a) IN GENERAL.—* * * 

(b) REQUIRED ACTIVITIES.—* * * 

(1) * * * 

(2) improving the alignment, compatibility, and development of valid and reliable assessments and alternate assessments øfor assessing adequate yearly progress, as described 

under section 1111(b)(2)(B)¿as described in section 1111(a)(2) 

of the Elementary and Secondary Education Act of 1965; 

* * * * * * * 

CARL D. PERKINS CAREER AND TECHNICAL 

EDUCATION ACT OF 2006 

* * * * * * * 

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1036 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Carl D. Perkins Career and Technical Education Act of 2006’’. 

* * * * * * * 

SEC. 3. DEFINITIONS. 

Unless otherwise specified, in this Act: 

(1) ADMINISTRATION.—* * * 

* * * * * * * 

(8) CHARTER SCHOOL.—The term ‘‘charter school’’ has the 

meaning given the term in øsection 5210¿section 5411 of the 

Elementary and Secondary Education Act of 1965. 

* * * * * * * 

SEC. 8. PROHIBITIONS. 

(a) LOCAL CONTROL.—* * * 

* * * * * * * 

(e) COHERENT AND RIGOROUS CONTENT.—For the purposes of 

this Act, coherent and rigorous content shall be determined by the 

State consistent with øsection 1111(b)(1)(D)¿section 1111(a)(1) of 

the Elementary and Secondary Education Act of 1965. 

* * * * * * * 

SEC. 113. ACCOUNTABILITY. 

(a) PURPOSE.—* * * 

(b) STATE PERFORMANCE MEASURES.— 

(1) IN GENERAL.—* * * 

(A) * * * 

* * * * * * * 

(2) INDICATORS OF PERFORMANCE.— 

(A) CORE INDICATORS OF PERFORMANCE FOR CAREER

AND TECHNICAL EDUCATION STUDENTS AT THE SECONDARY

LEVEL.—* * * 

(i) Student attainment of øchallenging academic 

content standards and student academic achievement 

standards, as adopted by a State in accordance with 

section 1111(b)(1) of the Elementary and Secondary 

Education Act of 1965 and measured by the State determined proficient levels on the academic assessments described in section 1111(b)(3) of such 

Act¿college and career ready State academic content 

and student academic achievement standards, as 

adopted by a State in accordance with section 

1111(a)(1) of the Elementary and Secondary Education 

Act of 1965 and measured by the State-determined proficient levels on the academic assessments described in 

section 1111(a)(2) of such Act. 

* * * * * * * 

(iv) øStudent graduation rates (as described in 

section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965)¿Student graduation 

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rates (as described in section 9101 of the Elementary 

and Secondary Education Act of 1965). 

* * * * * * * 

(4) LOCAL LEVELS OF PERFORMANCE.— 

(A) LOCAL ADJUSTED LEVELS OF PERFORMANCE FOR

CORE INDICATORS OF PERFORMANCE.— 

(i) IN GENERAL.—* * * 

* * * * * * * 

(C) LOCAL REPORT.— 

(i) CONTENT OF REPORT.—* * * 

(ii) DATA.—Except as provided in clauses (iii) and 

(iv), each eligible recipient that receives an allocation 

described in section 112 shall— 

(I) disaggregate data for each of the indicators 

of performance under paragraph (2) for the øcategories of students described in section 

1111(h)(1)(C)(i)¿categories of students described in 

section 1111(a)(2)(B)(x) of the Elementary and Secondary Education Act of 1965 and section 3(29) 

that are served under this Act; and 

(II) * * * 

* * * * * * * 

(c) REPORT.— 

(1) IN GENERAL.—* * * 

* * * * * * * 

(2) DATA.—Except as provided in paragraphs (3) and (4), 

each eligible agency that receives an allotment under section 

111 or 201 shall— 

(A) disaggregate data for each of the indicators of performance under subsection (b)(2) for the øcategories of students described in section 1111(h)(1)(C)(i)¿categories of students described in section 1111(a)(2)(B)(x) of the Elementary and Secondary Education Act of 1965 and section 

3(29) that are served under this Act; and 

(B)* * * 

* * * * * * * 

SEC. 114. NATIONAL ACTIVITIES. 

(a) PROGRAM PERFORMANCE INFORMATION.— 

(1) IN GENERAL.—* * * 

* * * * * * * 

(d) ADVISORY PANEL; EVALUATION; REPORTS.— 

(1) INDEPENDENT ADVISORY PANEL.— 

(A) IN GENERAL.—* * * 

* * * * * * * 

(4) RESEARCH.— 

(A) IN GENERAL.—* * * 

(i)* * * 

* * * * * * * 

(iii) * * * 

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1038 

(I) effective in-service and preservice teacher 

and faculty education that assists career and technical education programs in— 

(aa) integrating those programs with 

øacademic content standards and student academic achievement standards, as adopted by 

States under section 1111(b)(1)¿college and 

career ready State academic content and student academic achievement standards, as 

adopted by a State in accordance with section 

1111(a)(1) of the Elementary and Secondary 

Education Act of 1965; and 

(bb)* * * 

* * * * * * * 

SEC. 122. STATE PLAN. 

(a) STATE PLAN.— 

(1) IN GENERAL.—* * * 

* * * * * * * 

(c) PLAN CONTENTS.—The State plan shall include information 

that— 

(1) describes the career and technical education activities 

to be assisted that are designed to meet or exceed the State adjusted levels of performance, including a description of— 

(A)* * * 

* * * * * * * 

(I) how funds will be used to improve or develop new 

career and technical education courses— 

(i) at the secondary level that are aligned with 

ørigorous and challenging academic content standards 

and student academic achievement standards adopted 

by the State under section 1111(b)(1)¿college and career ready State academic content and student academic achievement standards, as adopted by a State in 

accordance with section 1111(a)(1) of the Elementary 

and Secondary Education Act of 1965; 

* * * * * * * 

NATIONAL AND COMMUNITY SERVICE ACT OF 1990 

* * * * * * * 

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘National and 

Community Service Act of 1990’’. 

* * * * * * * 

SEC. 112. ASSISTANCE TO STATES, TERRITORIES, AND INDIAN TRIBES. 

(a) ALLOTMENTS TO STATES, TERRITORIES, AND INDIAN

TRIBES.—* * * 

(1) * * * 

(A) * * * 

* * * * * * * 

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(F) establishing effective outreach and dissemination 

of information to ensure the broadest possible participation 

of schools throughout the State, throughout the territory, 

or serving the Indian tribe involved with particular øattention to schools not making adequate yearly progress for 

two or more consecutive years under section 1111 of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6301 et seq.)¿attention to schools that are identified 

as focus schools or priority schools under subsection (c) or 

(d) of section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316); 

* * * * * * * 

SEC. 119. INNOVATIVE AND COMMUNITY-BASED SERVICE-LEARNING 

PROGRAMS AND RESEARCH. 

(a) DEFINITIONS.—In this part: 

(1) ELIGIBLE ENTITY.—* * * 

(2) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible partnership’’ means a partnership that— 

(A) shall include— 

(i) * * * 

(ii) a local educational agency for which— 

(I) * * * 

(II) øthe graduation rate (as defined in section 

1111(b)(2)(C)(vi) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 

6311(b)(2)(C)(vi))¿the graduation rates (as defined 

in section 9101 of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7801)) and as 

clarified in applicable regulations promulgated by 

the Department of Education for the secondary 

school students served by the agency is less than 

70 percent; and 

(B) * * * 

* * * * * * * 

SEC. 120. STUDY AND REPORT. 

(a) STUDY.— 

(1) IN GENERAL.—* * * 

(2) CONTENTS.—* * * 

(A) * * * 

* * * * * * * 

(C) øimproved graduation rates, as defined in section 

1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi))¿improved 

graduation rates, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) 

and as clarified in applicable regulations promulgated by 

the Department of Education; and 

(D) * * * 

* * * * * * * 

SEC. 122. NATIONAL SERVICE PROGRAMS ELIGIBLE FOR PROGRAM 

ASSISTANCE. 

(a) NATIONAL SERVICE CORPS.—* * * 

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1040 

(1) EDUCATION CORPS.— (A) IN GENERAL.—* * * 

* * * * * * * 

(C) EDUCATION CORPS INDICATORS.—The indicators for 

a corps program described in this paragraph are— 

(i) * * * 

* * * * * * * 

(iii) øsecondary school graduation rates as defined 

in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6311(b)(2)(C)(vi))¿secondary school graduation rates as 

defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) and as 

clarified in applicable regulations promulgated by the 

Department of Education; 

* * * * * * * 

(i) REQUIREMENTS FOR TUTORING PROGRAMS.—Each tutoring 

program that receives assistance under the national service laws 

shall— 

(1) offer a curriculum that is high quality, research-based, 

and consistent with the State college and career ready academic content standards required by section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) 

and the instructional program of the local educational agency; 

and 

(2) * * * 

* * * * * * * 

PUBLIC LAW 110–69 

AMERICA COMPETES ACT 

SEC. 6112. DEFINITIONS. 

In this part: 

(1) CHILDREN FROM LOW-INCOME FAMILIES.—* * * 

* * * * * * * 

(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—* * * 

(A)(i) * * * 

* * * * * * * 

(B)(i) for which there is a high percentage of teachers 

providing instruction in academic subject areas or grade 

levels for which the teachers are not highly qualified teachers; or 

(ii) * * * 

ø(4) HIGHLY QUALIFIED.—The term ‘‘highly qualified’’ has 

the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) 

and, with respect to special education teachers, in section 602 

of the Individuals with Disabilities Education Act (20 U.S.C. 

1401).¿ 

(4) HIGHLY QUALIFIED TEACHER.—The term ‘‘highly qualified teacher’’ has the meaning given such term in section 9101 

mstockstill on DSK4VPTVN1PROD with HEARINGS

1041 

of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801). 

* * * * * * * 

SEC. 6113. PROGRAMS FOR BACCALAUREATE DEGREES IN SCIENCE, 

TECHNOLOGY, ENGINEERING, MATHEMATICS, OR CRITICAL FOREIGN LANGUAGES, WITH CONCURRENT TEACHER CERTIFICATION. 

(a) PROGRAM AUTHORIZED.—* * * 

* * * * * * * 

(d) AUTHORIZED ACTIVITIES.— 

(1) IN GENERAL.—* * * 

* * * * * * * 

(2) PROGRAM REQUIREMENTS.—The program shall— 

(A) * * * 

* * * * * * * 

(G) collect data regarding and evaluate, using measurable objectives and benchmarks, the extent to which the 

program succeeded in— 

(i) increasing the percentage of highly qualified 

teachers of mathematics, science, or critical foreign 

language øteachers¿, including increasing the percentage of such teachers teaching in those schools determined by the partnership to be most in need; 

(ii) * * * 

* * * * * * * 

SEC. 6114. PROGRAMS FOR MASTER’S DEGREES IN SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, OR CRITICAL 

FOREIGN LANGUAGE EDUCATION. 

(a) PROGRAM AUTHORIZED.—* * * 

* * * * * * * 

(b) APPLICATION.—* * * 

(1) * * * 

* * * * * * * 

(3) how the program will help increase the percentage of 

highly qualified teachers of mathematics, science, or critical 

foreign language øteachers¿, including increasing the percentage of such teachers teaching in schools determined by the 

partnership to be most in need; 

(4) * * * 

* * * * * * * 

SEC. 6122. DEFINITIONS. 

In this part: 

(1) ADVANCED PLACEMENT OR INTERNATIONAL BACCA- LAUREATE COURSE.—* * * 

* * * * * * * 

(3) LOW-INCOME STUDENT.—The term ‘‘low-income student’’ 

øhas the meaning given the term ‘‘low-income individual’’ in 

section 1707(3) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6537(3))¿means a student who is from 

a low-income family, as defined in section 9101(36)(B) of the Elmstockstill on DSK4VPTVN1PROD with HEARINGS

1042 

ementary and Secondary Education Act of 1965 (20 U.S.C. 

7801(36)(B)). (4) HIGH CONCENTRATION OF LOW-INCOME STUDENTS.—The 

term ‘‘high concentration of low-income students’’ øhas the 

meaning given the term in section 1707(2) of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 6537(2)).¿, used with respect to a school, means a school that serves a student population 40 percent or more of whom are low-income 

students. 

(5) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘‘high-need local educational agency’’ ømeans a local educational agency or educational service agency described in 

6112(3)(A)¿means a high-need local educational agency, as defined under section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) * * * 

* * * * * * * 

SEC. 6123. ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE PROGRAMS. 

(a) PROGRAM AUTHORIZED.—* * * 

* * * * * * * 

(j) COLLECTING AND REPORTING REQUIREMENTS.— (1) REPORT.—* * * 

* * * * * * * 

(2) REPORTING OF DATA.—Each eligible entity receiving a 

grant under this section shall report data required under paragraph (1)— 

(A) * * * 

(B) in the case of student data, ødisaggregated in the 

same manner as information is disaggregated under section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965¿disaggregated under section 

1111(a)(2)(B)(x) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i)); and 

(C) * * * 

* * * * * * * 

SEC. 6201. ALIGNMENT OF SECONDARY SCHOOL GRADUATION REQUIREMENTS WITH THE DEMANDS OF 21ST CENTURY 

POSTSECONDARY ENDEAVORS AND SUPPORT FOR P–16 

EDUCATION DATA SYSTEMS. 

(a) PURPOSE.—* * * 

* * * * * * * 

(e) AUTHORIZED ACTIVITIES.— (1) GRANTS FOR P–16 ALIGNMENT.—* * * 

* * * * * * * 

(2) GRANTS FOR STATEWIDE P–16 EDUCATION DATA SYSTEMS.— 

(A) * * * 

* * * * * * * 

(D) REQUIRED ELEMENTS OF A STATEWIDE P–16

EDUCATIONDATA SYSTEM.—* * * 

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1043 

(i) * * * 

* * * * * * * 

(ii) PRESCHOOL THROUGH GRADE 12 EDUCATION.— With respect to preschool through grade 12 education— 

(I) yearly test records of individual students 

with respect to øassessments under section 

1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b))¿assessments 

under section 1111(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(a)); 

(II) * * * 

* * * * * * * 

EDUCATION OF THE DEAF ACT OF 1986 

* * * * * * * 

PART A—GALLAUDET UNIVERSITY

SEC. 101. CONTINUATION OF GALLAUDET COLLEGE AS GALLAUDET 

UNIVERSITY. 

(a) GALLAUDET UNIVERSITY.—* * * 

* * * * * * * 

SEC. 104. LAURENT CLERC NATIONAL DEAF EDUCATION CENTER. 

(a) GENERAL AUTHORITY.—* * * 

* * * * * * * 

(b) ADMINISTRATIVE REQUIREMENTS.—(1) The Clerc Center 

shall— 

(A) * * * 

* * * * * * * 

(5) The University, for purposes of the elementary and secondary education programs carried out at the Clerc Center, shall— 

(A)(i) select øchallenging academic content standards, challenging student academic achievement standards, and academic assessments of a State, adopted and implemented, as 

appropriate, pursuant to paragraphs (1) and (3) of section 

1111(b) of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6311(b)(1)and (3))¿college and career ready 

State academic content and student academic achievement 

standards and assessments of a State, adopted and implemented, as appropriate, pursuant to section 1111(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6311(a)) and approved by the Secretary; and 

(ii) implement such standards and assessments for such 

programs by not later than the beginning of the 2009–2010 

academic year; and 

ø(B) annually determine whether such programs at the 

Clerc Center are making adequate yearly progress, as determined according to the definition of adequate yearly progress 

defined (pursuant to section 1111(b)(2)(C) of such Act (20 

U.S.C. 6311(b)(2)(C))) by the State that has adopted and implemstockstill on DSK4VPTVN1PROD with HEARINGS

1044 

mented the standards and assessments selected under subparagraph (A)(i); and¿ 

ø(C)¿(B) publicly report the results of the academic assessments implemented under subparagraph (A), except where 

such reporting would not yield statistically reliable information 

or would reveal personally identifiable information about an 

individual studentø, and whether the programs at the Clerc 

Center are making adequate yearly progress, as determined 

under subparagraph (B)¿. 

* * * * * * * 

EDUCATION SCIENCES REFORM ACT OF 2002 

* * * * * * * 

SEC. 102. DEFINITIONS. 

In this title: 

(1) IN GENERAL.—* * * 

* * * * * * * 

SEC. 153. DUTIES. 

(a) GENERAL DUTIES.—* * * 

(1) * * * 

(A) * * * 

* * * * * * * 

(F) teaching, including— 

(i) * * * 

(ii) øthe percentage of teachers who are highly 

qualified¿the percentage of teachers who are highly 

qualified teachers (as such term is defined in section 

9101 of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 7801)) in each State and, where feasible, in each local educational agency and school; 

* * * * * * * 

SEC. 177. DUTIES. 

(a) GENERAL DUTIES.—* * * 

(1) * * * 

* * * * * * * 

(5) improve the alignment, compatibility, and development 

of valid and reliable assessments, including alternate assessments, as required by øsection 1111(b) of the Elementary and 

Secondary Education Act of 1965 (20 U.S.C. 6311(b))¿section 

1111(a) of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6311(a)); 

* * * * * * * 

EDUCATIONAL TECHNICAL ASSISTANCE ACT OF 2002 

SEC. 201. SHORT TITLE. 

This title may be cited as the ‘‘Educational Technical Assistance Act of 2002’’. 

* * * * * * * 

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1045 

SEC. 203. COMPREHENSIVE CENTERS. 

(a) AUTHORIZATION.— 

(1) IN GENERAL.—* * * 

(2) REGIONS.—In awarding grants under paragraph (1), 

the Secretary— 

(A) * * * 

(B) after meeting the requirements of subparagraph 

(A), shall consider, in awarding the remainder of the 

grants, the school-age population, proportion of economically disadvantaged students, the increased cost burdens of 

service delivery in areas of sparse population, and the 

number of øschools identified for school improvement (as 

described in section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b))¿schools 

identified as priority schools (as described in section 

1116(d) of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6316(d))) in the population served by the 

local entity or consortium of such entities. 

* * * * * * * 

(e) SCOPE OF WORK.—* * * 

(1) * * * 

* * * * * * * 

ø(3) schools in the region that have been identified for 

school improvement under section 1116(b) of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 6316(b)).¿ 

(3) schools in the region identified by the State’s accountability system under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316). 

(f) ACTIVITIES.— 

(1) IN GENERAL.—A comprehensive center established 

under this section shall support dissemination and technical 

assistance activities by— 

(A)* * * 

* * * * * * * 

(B) disseminating and providing information, reports, 

and publications that are usable for improving academic 

achievement, closing achievement gaps, and encouraging 

and sustaining school improvement (as described in section 

ø1116(b) of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 6316(b))¿1116 of the Elementary and 

Secondary Education Act of 1965 (20 U.S.C. 6316)), to 

schools, educators, parents, and policymakers within the 

region in which the center is located; and 

(C) * * * 

* * * * * * * 

NATIONAL SCIENCE FOUNDATION AUTHORIZATION Act 

of 2002 

* * * * * * * 

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1046 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘National Science Foundation Authorization Act of 2002’’. 

* * * * * * * 

SEC. 9. MATHEMATICS AND SCIENCE EDUCATION PARTNERSHIPS. 

(a) PROGRAM AUTHORIZED.— 

(1) IN GENERAL.—(A) * * * 

* * * * * * * 

(10) TEACHER INSTITUTES FOR THE 21ST CENTURY.— 

(A) IN GENERAL.—Teacher institutes for the 21st century carried out in accordance with paragraph (3)(B) 

shall— 

(i) * * * 

* * * * * * * 

(iii) serve teachers who— 

(I) øare considered highly qualified¿are considered highly qualified teachers (as defined in 

section 9101 of the Elementary and Secondary 

Education Act of 1965); 

* * * * * * * 

(b) SELECTION PROCESS.— (1) APPLICATION.—* * * 

* * * * * * * 

(3) AWARDS.—In awarding grants under this section, the 

Director shall— 

(A) give priority to applications in which the partnership includes a high-need local educational agency øor a 

high-need local educational agency in which at least one 

school does not make adequate yearly progress, as determined pursuant to part A of title I of the Elementary and 

Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.)¿; 

and 

(B) * * * 

* * * * * * * 

RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT 

* * * * * * * 

NUTRITIONAL AND OTHER PROGRAM REQUIREMENTS

SEC. 9. (a)(1)(A) * * * 

* * * * * * * 

(b)(1)(A) * * * 

* * * * * * * 

(5) DISCRETIONARY CERTIFICATION.—* * * 

(A) * * * 

* * * * * * * 

(C) served by the runaway and homeless youth grant 

program established under the Runaway and Homeless 

Youth Act (42 U.S.C. 5701 et seq.); 

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1047 

(D) a migratory child (as defined in øsection 1309 of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6399)¿section 1312 of the Elementary and Secondary Education Act of 1965); or 

(E)(i)* * * 

* * * * * * * 

(12)(A) A child shall be considered automatically eligible 

for a free lunch and breakfast under this Act and the Child 

Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), respectively, 

without further application or eligibility determination, if the 

child is—(i) * * * 

* * * * * * * 

(vi) a migratory child (as defined in øsection 1309 of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6399)¿section 1312 of the Elementary and Secondary Education Act of 1965); or 

(vii)(I) * * * 

* * * * * * * 

(d)(1) * * * 

(2) * * * 

(A) * * * 

* * * * * * * 

(E) documentation has been provided to the appropriate 

local educational agency showing the status of the child as a 

migratory child (as defined in øsection 1309 of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 6399)¿section 

1312 of the Elementary and Secondary Education Act of 1965); 

* * * * * * * 

PUBLIC LAW 111–358 

AMERICA COMPETES REAUTHORIZATION ACT OF 2010 

* * * * * * * 

SEC. 553. GRANT PROGRAM. 

(a) IN GENERAL.—* * * 

* * * * * * * 

(d) ELIGIBILITY.—To be eligible to apply for a grant under this 

section, an institution of higher education shall— 

(1) * * * 

* * * * * * * 

(6) require that the program complies with State certification or licensing requirements and øthe requirements under 

section 9101(23) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 7801(23)) for highly qualified teachers¿the requirements for a highly qualified teacher as defined 

in section 9101 of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 7801); 

(7) * * * 

* * * * * * * 

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1048 

PUBLIC LAW 109–162 

* * * * * * * 

VIOLENCE AGAINST WOMEN ACT OF 1994 

* * * * * * * 

SEC. 41403. DEFINITIONS. 

For purposes of this subtitle— 

(1) the term ‘‘assisted housing’’ means housing assisted— 

(A) * * * 

* * * * * * * 

(6) the terms ‘‘homeless’’, ‘‘homeless individual’’, and 

‘‘homeless person’’— 

(A) mean an individual who lacks a fixed, regular, and 

adequate nighttime residence; and 

(B) includes— 

(i) * * * 

* * * * * * * 

(iii) migratory children (as defined in øsection 

1309 of the Elementary and Secondary Education Act 

of 1965; 20 U.S.C. 6399¿section 1312 of the Elementary 

and Secondary Education Act of 1965) who qualify as 

homeless under this section because the children are 

living in circumstances described in this paragraph; 

(7) * * * 

* * * * * * * 

Æ 

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