" ! HOUSE OF REPRESENTATIVES 

112TH CONGRESS

2d Session 

REPORT

112–458 

STUDENT SUCCESS ACT 

R E P O R T 

OF THE

COMMITTEE ON EDUCATION AND THE 

WORKFORCE 

TO ACCOMPANY

H.R. 3989 

TO SUPPORT STATE AND LOCAL ACCOUNTABILITY FOR PUBLIC 

EDUCATION, INFORM PARENTS OF THEIR SCHOOLS’ PERFORMANCE 

together with 

MINORITY VIEWS 

APRIL 27, 2012.—Committed to the Committee of the Whole House on 

the State of the Union and ordered to be printed 


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STUDENT SUCCESS ACT 


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U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

73–975 

" ! HOUSE OF REPRESENTATIVES 

112TH CONGRESS

2d Session 

REPORT

2012

112–458 

STUDENT SUCCESS ACT 

R E P O R T 

OF THE

COMMITTEE ON EDUCATION AND THE 

WORKFORCE 

TO ACCOMPANY

H.R. 3989 

TO SUPPORT STATE AND LOCAL ACCOUNTABILITY FOR PUBLIC 

EDUCATION, INFORM PARENTS OF THEIR SCHOOLS’ PERFORMANCE 

together with 

MINORITY VIEWS 

APRIL 27, 2012.—Committed to the Committee of the Whole House of 

the State of the Union and ordered to be printed 


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112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–458 

STUDENT SUCCESS ACT 

APRIL 27, 2012.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. KLINE, from the Committee on Education and the Workforce, 

submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 3989] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Education and the Workforce, to whom was 

referred the bill (H.R. 3989) to support State and local accountability for public education, inform parents of their schools’ performance, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that 

the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Student Success Act’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Transition. 

Sec. 5. Effective dates. 

Sec. 6. Authorization of appropriations. 

TITLE I—AID TO LOCAL EDUCATIONAL AGENCIES 

Subtitle A—In General 

Sec. 101. Title heading. 

Sec. 102. Statement of purpose. 

Sec. 103. Flexibility to use Federal funds. 

Sec. 104. School improvement. 

Sec. 105. Direct student services. 

Sec. 106. State administration. 


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Subtitle B—Improving the Academic Achievement of the Disadvantaged 

Sec. 111. Part A headings. 

Sec. 112. State plans. 

Sec. 113. Local educational agency plans. 

Sec. 114. Eligible school attendance areas. 

Sec. 115. Schoolwide programs. 

Sec. 116. Targeted assistance schools. 

Sec. 117. Academic assessment and local educational agency and school improvement; school support and recognition. 

Sec. 118. Parental involvement. 

Sec. 119. Qualifications for teachers and paraprofessionals. 

Sec. 120. Participation of children enrolled in private schools. 

Sec. 121. Fiscal requirements. 

Sec. 122. Coordination requirements. 

Sec. 123. Grants for the outlying areas and the Secretary of the Interior. 

Sec. 124. Allocations to States. 

Sec. 125. Basic grants to local educational agencies. 

Sec. 126. Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 

2001. Sec. 127. Education finance incentive grant program. 

Sec. 128. Carryover and waiver. 

Subtitle C—Additional Aid to States and School Districts 

Sec. 131. Additional aid. 

Subtitle D—National Assessment 

Sec. 141. National assessment of title I. 

Subtitle E—Title I General Provisions 

Sec. 151. General provisions for title I. 

TITLE II—GENERAL PROVISIONS FOR THE ACT 

Sec. 201. General provisions for the Act. 

Sec. 202. Repeal. 

Sec. 203. Other laws. 

Sec. 204. Amendment to IDEA. 

SEC. 3. REFERENCES. 

Except as otherwise expressly provided, whenever in this Act an amendment or 

repeal is expressed in terms of an amendment to, or repeal of, a section or other 

provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et 

seq.). 

SEC. 4. TRANSITION. 

Unless otherwise provided in this Act, any person or agency that was awarded 

a grant under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 

et seq.) prior to the date of the enactment of this Act shall continue to receive funds 

in accordance with the terms of such award, except that funds for such award may 

not continue more than one year after the date of the enactment of this Act. 

SEC. 5. EFFECTIVE DATES. 

(a) IN GENERAL.—Except as otherwise provided in this Act, this Act, and the 

amendments made by this Act, shall be effective upon the date of enactment of this 

Act. 

(b) NONCOMPETITIVE PROGRAMS.—With respect to noncompetitive programs under 

which any funds are allotted by the Secretary of Education to recipients on the basis 

of a formula, this Act, and the amendments made by this Act, shall take effect on 

July 1, 2012. 

(c) COMPETITIVE PROGRAMS.—With respect to programs that are conducted by the 

Secretary on a competitive basis, this Act, and the amendments made by this Act, 

shall take effect with respect to appropriations for use under those programs for fiscal year 2013. 

SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

The Act (20 U.S.C. 6301 et seq.) is amended by inserting after section 2 the following: 

‘‘SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 

‘‘(a) TITLE I.— 

‘‘(1) PART A.—There are authorized to be appropriated to carry out part A of 

title I $16,651,768,000 for fiscal year 2013. 

‘‘(2) PART B.—There are authorized to be appropriated to carry out part B of 

title I $3,194,000 for fiscal year 2013. 

‘‘(b) OUT YEARS.—The amounts authorized by subsection (a) shall be increased for 

each of fiscal years 2014 through 2018 by a percentage equal to the percentage of 

inflation according to the Consumer Price Index, for the calendar year ending prior 

to the beginning of that fiscal year.’’. 


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TITLE I—AID TO LOCAL EDUCATIONAL 

AGENCIES 

Subtitle A—In General 

SEC. 101. TITLE HEADING. 

The title heading for title I (20 U.S.C. 6301 et seq.) is amended to read as follows: 

‘‘TITLE I—AID TO LOCAL EDUCATIONAL 

AGENCIES’’. 

SEC. 102. STATEMENT OF PURPOSE. 

Section 1001 (20 U.S.C. 6301) is amended to read as follows: 

‘‘SEC. 1001. STATEMENT OF PURPOSE. 

‘‘The purpose of this title is to provide all children the opportunity to graduate 

high school prepared for postsecondary education or the workforce. This purpose can 

be accomplished by— 

‘‘(1) meeting the educational needs of low-achieving children in our Nation’s 

highest-poverty schools, English learners, migratory children, children with disabilities, Indian children, and neglected or delinquent children; 

‘‘(2) closing the achievement gap between high- and low-performing children, 

especially the achievement gaps between minority and nonminority students, 

and between disadvantaged children and their more advantaged peers; 

‘‘(3) affording parents substantial and meaningful opportunities to participate 

in the education of their children; and 

‘‘(4) challenging States and local educational agencies to embrace meaningful, 

evidence-based education reform, while encouraging state and local innovation.’’. 

SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS. 

Section 1002 (20 U.S.C. 6302) is amended to read as follows: 

‘‘SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS. 

‘‘(a) ALTERNATIVE USES OF FEDERAL FUNDS FOR STATE EDUCATIONAL AGENCIES.— ‘‘(1) IN GENERAL.—Subject to subsections (c) and (d) and notwithstanding any 

other provision of law, a State educational agency may use the applicable funding that the agency receives for a fiscal year to carry out any State activity authorized or required under one or more of the following provisions: 

‘‘(A) Section 1003. 

‘‘(B) Section 1004. 

‘‘(C) Subpart 2 of part A of title I. 

‘‘(D) Subpart 3 of part A of title I. 

‘‘(E) Subpart 4 of part A of title I. 

‘‘(F) Chapter B of subpart 6 of part A of title I. 

‘‘(2) NOTIFICATION.—Not later than June 1 of each year, a State educational 

agency shall notify the Secretary of the State educational agency’s intention to 

use the applicable funding for any of the alternative uses under paragraph (1). 

‘‘(3) APPLICABLE FUNDING DEFINED.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), in this subsection, the term ‘applicable funding’ means funds provided to carry out 

State activities under one or more of the following provisions. 

‘‘(i) Section 1003. 

‘‘(ii) Section 1004. 

‘‘(iii) Subpart 2 of part A of title I. 

‘‘(iv) Subpart 3 of part A of title I. 

‘‘(v) Subpart 4 of part A of title I. 

‘‘(B) LIMITATION.—In this subsection, the term ‘applicable funding’ does 

not include funds provided under any of the provisions listed in subparagraph (A) that State educational agencies are required by this Act— 

‘‘(i) to reserve, allocate, or spend for required activities; 

‘‘(ii) to allocate, allot, or award to local educational agencies or other 

entities eligible to receive such funds; or 

‘‘(iii) to use for technical assistance or monitoring. 

‘‘(4) DISBURSEMENT.—The Secretary shall disburse the applicable funding to 

State educational agencies for alternative uses under paragraph (1) for a fiscal 

year at the same time as the Secretary disburses the applicable funding to 


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State educational agencies that do not intend to use the applicable funding for 

such alternative uses for the fiscal year. 

‘‘(b) ALTERNATIVE USES OF FEDERAL FUNDS FOR LOCAL EDUCATIONAL AGENCIES.— 

‘‘(1) IN GENERAL.—Subject to subsections (c) and (d) and notwithstanding any 

other provision of law, a local educational agency may use the applicable funding that the agency receives for a fiscal year to carry out any local activity authorized or required under one or more of the following provisions: 

‘‘(A) Section 1003. 

‘‘(B) Subpart 1 of part A of title I. 

‘‘(C) Subpart 2 of part A of title I. 

‘‘(D) Subpart 3 of part A of title I. 

‘‘(E) Subpart 4 of part A of title I. 

‘‘(F) Subpart 6 of part A of title I. 

‘‘(2) NOTIFICATION.—A local educational agency shall notify the State educational agency of the local educational agency’s intention to use the applicable 

funding for any of the alternative uses under paragraph (1) by a date that is 

established by the State educational agency for the notification. 

‘‘(3) APPLICABLE FUNDING DEFINED.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), in this subsection, the term ‘applicable funding’ means funds provided to carry out 

local activities under one or more of the following provisions: 

‘‘(i) Subpart 2 of part A of title I. 

‘‘(ii) Subpart 3 of part A of title I. 

‘‘(iii) Subpart 4 of part A of title I. 

‘‘(iv) Chapter A of subpart 6 of part A of title I. 

‘‘(B) LIMITATION.—In this subsection, the term ‘applicable funding’ does 

not include funds provided under any of the provisions listed in subparagraph (A) that local educational agencies are required by this Act— 

‘‘(i) to reserve, allocate, or spend for required activities; 

‘‘(ii) to allocate, allot, or award to entities eligible to receive such 

funds; or 

‘‘(iii) to use for technical assistance or monitoring. 

‘‘(4) 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 paragraph (1) 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. 

‘‘(c) RULE FOR ADMINISTRATIVE COSTS.—A State educational agency or a local educational agency shall only use applicable funding (as defined in subsection (a)(3) or 

(b)(3), respectively) for administrative costs incurred in carrying out a provision listed in subsection (a)(1) or (b)(1), respectively, to the extent that the agency, in the 

absence of this section, could have used funds for administrative costs with respect 

to a program listed in subsection (a)(3) or (b)(3), respectively. 

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to relieve 

a State educational agency or local educational agency of any requirements relating 

to— 

‘‘(1) use of Federal funds to supplement, not supplant, non-Federal funds; 

‘‘(2) comparability of services; 

‘‘(3) equitable participation of private school students and teachers; 

‘‘(4) applicable civil rights requirements; 

‘‘(5) section 1113; or 

‘‘(6) section 1111.’’. 

SEC. 104. SCHOOL IMPROVEMENT. 

Section 1003 (20 U.S.C. 6303) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘2 percent’’ and inserting ‘‘7 percent’’; and 

(B) by striking ‘‘subpart 2 of part A’’ and all that follows through ‘‘sections 1116 and 1117,’’ and inserting ‘‘chapter B of subpart 1 of part A for 

each fiscal year to carry out subsection (b),’’; 

(2) in subsection (b)(1), by striking ‘‘for schools identified for school improvement, corrective action, and restructuring, for activities under section 1116(b)’’ 

and inserting ‘‘to carry out the State’s system of school improvement under section 1111(b)(3)(B)(iii)’’; 

(3) in subsection (c)— 

(A) in paragraph (1), by inserting ‘‘and’’ at the end; 

(B) in paragraph (2), by striking ‘‘need for such funds; and’’ and inserting 

‘‘commitment to using such funds to improve such schools.’’; and 


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(C) by striking paragraph (3); 

(4) in subsection (d)(1), by striking ‘‘subpart 2 of part A;’’ and inserting ‘‘chapter B of subpart 1 of part A;’’; 

(5) in subsection (e)— 

(A) by striking ‘‘in any fiscal year’’ and inserting ‘‘in fiscal year 2014 and 

each subsequent fiscal year’’; 

(B) by striking ‘‘subpart 2’’ and inserting ‘‘chapter B of subpart 1 of part 

A’’; and 

(C) by striking ‘‘such subpart’’ and inserting ‘‘such chapter’’; 

(6) in subsection (f), by striking ‘‘and the percentage of students from each 

school from families with incomes below the poverty line’’; and 

(7) by striking subsection (g). 

SEC. 105. DIRECT STUDENT SERVICES. 

The Act (20 U.S.C. 6301 et seq.) is amended by inserting after section 1003 the 

following: 

‘‘SEC. 1003A. DIRECT STUDENT SERVICES. 

‘‘(a) STATE RESERVATION.—Each State shall reserve 3 percent of the amount the 

State receives under chapter B of subpart 1 of part A for each fiscal year to carry 

out this section. Of such reserved funds, the State educational agency may use up 

to 1 percent to administer direct student services. 

‘‘(b) DIRECT STUDENT SERVICES.—From the amount available after the application 

of subsection (a), each State shall award grants in accordance with this section to 

local educational agencies to support direct student services. 

‘‘(c) AWARDS.—The State educational agency shall award grants to geographically 

diverse local educational agencies including suburban, rural, and urban local educational agencies. If there are not enough funds to award all applicants in a sufficient size and scope to run an effective direct student services program, the State 

shall prioritize awards to local educational agencies with the greatest number of 

low-performing schools. 

‘‘(d) LOCAL USE OF FUNDS.—A local educational agency receiving an award under 

this section— 

‘‘(1) shall use up to 1 percent of each award for outreach and communication 

to parents about their options and to register students for direct student services; 

‘‘(2) may use not more than 2 percent of each award for administrative costs 

related to direct student services; and 

‘‘(3) shall use the remainder of the award to pay the transportation required 

to provide public school choice or the hourly rate for high-quality academic tutoring services, as determined in the provider approval process under subsection 

(f)(2). 

‘‘(e) APPLICATION.—A local educational agency desiring to receive an award under 

subsection (b) shall submit an application describing how the local educational agency will— 

‘‘(1) provide adequate outreach to ensure parents can exercise a meaningful 

choice of direct student services for their child’s education; 

‘‘(2) ensure parents have adequate time and information to make a meaningful choice prior to enrolling their child in a direct student service; 

‘‘(3) ensure ample availability in the public schools the local educational agency will make available for public school choice options; 

‘‘(4) determine the requirements or criteria for student eligibility for direct 

student services; 

‘‘(5) select a variety of providers of high quality academic tutoring from the 

list required under subsection (f)(2) and ensure fair negotiations in selecting 

such providers of high-quality academic tutoring, including online, on campus, 

and other models of tutoring which provide meaningful choices to parents to 

find the best service for their child; and 

‘‘(6) develop an estimated per pupil expenditure available for eligible students 

to use toward high quality academic tutoring which shall allow for adequate 

level of services to increase academic achievement from a variety of high-quality 

academic tutoring providers. 

‘‘(f) PROVIDERS AND SCHOOLS.—The State— 

‘‘(1) shall ensure that each local educational agency receiving an award to provide public school choice can provide an ample number of options to provide a 

meaningful choice for parents; 

‘‘(2) shall compile a list of State-approved high-quality academic tutoring providers that includes online, on campus, and other models of tutoring; and 


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‘‘(3) shall ensure that each local educational agency receiving an award will 

provide an adequate number of high-quality academic tutoring options to ensure 

parents have a meaningful choice of services.’’. 

SEC. 106. STATE ADMINISTRATION. 

Section 1004 (20 U.S.C. 6304) is amended to read as follows: 

‘‘SEC. 1004. STATE ADMINISTRATION. 

‘‘(a) IN GENERAL.—Except as provided in subsection (b), to carry out administrative duties assigned under subparts 1, 2, and 3 of part A of this title, each State 

may reserve the greater of— 

‘‘(1) 1 percent of the amounts received under such subparts; or 

‘‘(2) $400,000 ($50,000 in the case of each outlying area). 

‘‘(b) EXCEPTION.—If the sum of the amounts reserved under subparts 1, 2, and 3 

of part A of this title is equal to or greater than $14,000,000,000, then the reservation described in subsection (a)(1) shall not exceed 1 percent of the amount the State 

would receive if $14,000,000,000 were allocated among the States for subparts 1, 2, 

and 3 of part A of this title.’’. 

Subtitle B—Improving the Academic Achievement 

of the Disadvantaged 

SEC. 111. PART A HEADINGS. 

(a) PART HEADING.—The part heading for part A of title I (20 U.S.C. 6311 et seq.) 

is amended to read as follows: 

‘‘PART A—IMPROVING THE ACADEMIC ACHIEVEMENT 

OF THE DISADVANTAGED’’. 

(b) SUBPART 1 HEADING.—The Act is amended by striking the subpart heading for 

subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) and inserting the following: 

‘‘Subpart 1—Improving Basic Programs Operated by Local 

Educational Agencies 

‘‘CHAPTER A—BASIC PROGRAM REQUIREMENTS’’. 

(c) SUBPART 2 HEADING.—The Act is amended by striking the subpart heading for 

subpart 2 of part A of title I (20 U.S.C. 6331 et seq.) and inserting the following: 

‘‘CHAPTER B—ALLOCATIONS’’. 

SEC. 112. STATE PLANS. 

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

‘‘SEC. 1111. STATE PLANS. 

‘‘(a) PLANS REQUIRED.— 

‘‘(1) IN GENERAL.—For any State desiring to receive a grant under this subpart, the State educational agency shall submit to the Secretary a plan, developed by the State educational agency, in consultation with local educational 

agencies, teachers, school leaders, specialized instructional support personnel, 

other appropriate school personnel, 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. 

‘‘(2) CONSOLIDATED PLAN.—A State plan submitted under paragraph (1) may 

be submitted as part of a consolidated plan under section 5302. 

‘‘(b) ACADEMIC STANDARDS, ACADEMIC ASSESSMENTS, AND STATE ACCOUNTABILITY.— 

‘‘(1) ACADEMIC STANDARDS.— 

‘‘(A) IN GENERAL.—Each State plan shall demonstrate that the State has 

adopted academic content standards and academic achievement standards 

aligned with such content standards that comply with the requirements of 

this paragraph. 


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‘‘(B) SUBJECTS.—The State shall have such academic standards for mathematics and reading or language arts, and may have such standards for any 

other subject determined by the State. 

‘‘(C) REQUIREMENTS.—The standards described in subparagraph (A) 

shall— 

‘‘(i) apply to all public schools and public school students in the State; 

and 

‘‘(ii) with respect to academic achievement standards, include the 

same knowledge, skills, and levels of achievement expected of all public 

school students in the State. 

‘‘(D) ALTERNATE ACADEMIC ACHIEVEMENT STANDARDS.—Notwithstanding 

any other provision of this paragraph, a State may, through a documented 

and validated standards-setting process, adopt alternate academic achievement standards 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; and 

‘‘(ii) such standards— 

‘‘(I) are aligned with the State academic standards required 

under subparagraph (A); 

‘‘(II) promote access to the general curriculum; and 

‘‘(III) reflect professional judgment as to the highest possible 

standards achievable by such students. 

‘‘(E) ENGLISH LANGUAGE PROFICIENCY STANDARDS.—Each State plan shall 

describe how the State educational agency will establish English language 

proficiency standards that are— 

‘‘(i) derived from the four recognized domains of speaking, listening, 

reading, and writing; and 

‘‘(ii) aligned with the State’s academic content standards in reading 

or language arts under subparagraph (A). 

‘‘(2) ACADEMIC ASSESSMENTS.— 

‘‘(A) IN GENERAL.—Each State plan shall demonstrate that the State educational agency, in consultation with local educational agencies, has implemented a set of high-quality student academic assessments in mathematics 

and reading or language arts. At the State’s discretion, the State plan may 

also demonstrate that the State has implemented such assessments in any 

other subject chosen by the State 

‘‘(B) REQUIREMENTS.—Such assessments shall— 

‘‘(i) be used in determining the performance of each local educational 

agency and public school in the State in accordance with the State’s accountability system under paragraph (3); 

‘‘(ii) be the same academic assessments used to measure the academic achievement of all public school students in the State; 

‘‘(iii) be aligned with the State’s academic standards and provide coherent and timely information about student attainment of such standards; 

‘‘(iv) be used for purposes for which such assessments are valid and 

reliable, be of adequate technical quality for each purpose required 

under this Act, and be consistent with relevant, nationally recognized 

professional and technical standards; 

‘‘(v)(I) in the case of mathematics and reading, be administered in 

each of grades 3 through 8 and at least once in grades 9 through 12; 

‘‘(II) in the case of any other subject chosen by the State, be administered at the discretion of the State; 

‘‘(vi) measure individual student academic proficiency and growth; 

‘‘(vii) at the State’s discretion— 

‘‘(I) be administered through a single annual summative assessment; or 

‘‘(II) be administered through multiple assessments during the 

course of the academic year that result in a single summative score 

that provides valid, reliable, and transparent information on student achievement; 

‘‘(viii) include measures that assess higher-order thinking skills and 

understanding; 

‘‘(ix) provide for— 

‘‘(I) the participation in such assessments of all students; 

‘‘(II) the reasonable adaptations and accommodations for students with disabilities necessary to measure the academic achieveVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00011 Fmt 6659 Sfmt 6621 E:\HR\OC\HR458.XXX HR458

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ment of such students relative to the State’s academic standards; 

and 

‘‘(III) the inclusion of English learners, who shall be assessed in 

a valid and reliable manner and provided reasonable accommodations, including, to the extent practicable, assessments in the language and form most likely to yield accurate and reliable information on what such students know and can do in academic content 

areas, until such students have achieved English language proficiency, as assessed by the State under subparagraph (D); 

‘‘(x) notwithstanding clause (ix)(III), provide for the assessment of 

reading or language arts in English for English learners who have attended school in the United States (not including Puerto Rico) for 3 or 

more consecutive school years, except that a local educational agency 

may, on a case-by-case basis, provide for the assessment of reading or 

language arts for each such student in a language other than English 

for a period not to exceed 2 additional consecutive years if the assessment would be more likely to yield accurate and reliable information 

on what such student knows and can do, 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 reading or language arts assessments written in English; 

‘‘(xi) produce individual student interpretive, descriptive, and diagnostic reports regarding achievement on such assessments that allow 

parents, teachers, and school leaders to understand and address the 

specific academic needs of students, and that are provided to parents, 

teachers, and school leaders, as soon as is practicable after the assessment is given, in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; 

‘‘(xii) enable results to be disaggregated within each State, local educational agency, and school by gender, by each major racial and ethnic 

group, by English language proficiency status, by migrant status, by 

status as a student with a disability, and by economically disadvantaged status, 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; and 

‘‘(xiii) be administered to not less than 95 percent of all students, and 

not less than 95 percent of each subgroup of students described in 

paragraph (3)(B)(ii)(II). 

‘‘(C) ALTERNATE ASSESSMENTS.—A State may provide for alternate assessments aligned with the alternate academic standards adopted in accordance 

with paragraph (1)(D), for students with the most significant cognitive disabilities, if the State— 

‘‘(i) establishes and monitors implementation of clear and appropriate 

guidelines for individualized education program teams (as defined in 

section 614(d)(1)(B) of the Individuals with Disabilities Education Act) 

to apply when determining when a child’s significant cognitive disability justifies assessment based on alternate achievement standards; 

‘‘(ii) ensures that the parents of such students are informed that— 

‘‘(I) their child’s academic achievement will be measured against 

such alternate standards; and 

‘‘(II) whether participation in such assessments precludes the 

student from completing the requirements for a regular high school 

diploma as defined in section 5101(35)(A); 

‘‘(iii) demonstrates that such students are, to the extent practicable, 

included in the general curriculum and that such alternate assessments are aligned with such curriculum; 

‘‘(iv) develops, disseminates information about, and promotes the use 

of appropriate accommodations to increase the number of students with 

disabilities who are tested against academic achievement standards for 

the grade in which a student is enrolled; and 

‘‘(v) ensures that regular and special education teachers and other 

appropriate staff know how to administer the alternate assessments, 

including making appropriate use of accommodations for students with 

disabilities. 

‘‘(D) ASSESSMENTS OF ENGLISH LANGUAGE PROFICIENCY.— 

‘‘(i) IN GENERAL.—Each State plan shall demonstrate that local educational agencies in the State will provide for an annual assessment of 


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English proficiency of all English learners in the schools served by the 

State educational agency. 

‘‘(ii) ALIGNMENT.—The assessments described in clause (i) shall be 

aligned with the State’s English language proficiency standards described in paragraph (1)(E). 

‘‘(E) 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. 

‘‘(F) ADAPTIVE ASSESSMENTS.—A State may develop and administer computer adaptive assessments as the assessments required under subparagraph (A). If a State develops and administers a computer adaptive assessment for such purposes, the assessment shall meet the requirements of this 

paragraph, except as follows: 

‘‘(i) Notwithstanding subparagraph (B)(iii), the assessment— 

‘‘(I) shall measure, at a minimum, each student’s academic proficiency against the State’s academic standards for the student’s 

grade level and growth toward such standards; and 

‘‘(II) if the State chooses, may be used to measure the student’s 

level of academic proficiency and growth using assessment items 

above or below the student’s grade level, including for use as part 

of a State’s accountability system under paragraph (3). 

‘‘(ii) Subparagraph (B)(ii) shall not be interpreted to require that all 

students taking the computer adaptive assessment be administered the 

same assessment items. 

‘‘(3) STATE ACCOUNTABILITY SYSTEMS.— 

‘‘(A) IN GENERAL.—Each State plan shall demonstrate that the State has 

developed and is implementing a single, statewide accountability system to 

ensure that all public school students graduate from high school prepared 

for postsecondary education or the workforce without the need for remediation. 

‘‘(B) ELEMENTS.—Each State accountability system described in subparagraph (A) shall at a minimum— 

‘‘(i) annually measure the academic achievement of all public school 

students in the State against the State’s academic standards adopted 

under paragraph (1), which may include measures of student growth 

toward such standards, using the assessments described in paragraph 

(2) and other valid and reliable academic indicators related to student 

achievement as identified by the State; 

‘‘(ii) annually evaluate and identify the academic performance of each 

public school in the State based on— 

‘‘(I) student academic achievement as measured in accordance 

with clause (i); and 

‘‘(II) the overall performance, and achievement gaps as compared 

to all students in the school, for economically disadvantaged students, students from major racial and ethnic groups, students with 

disabilities, and English learners, except that disaggregation of 

data under this subclause 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; and 

‘‘(iii) include a system for school improvement for low-performing 

public schools receiving funds under this subpart that— 

‘‘(I) implements interventions in such schools that are designed 

to address such schools’ weaknesses; and 

‘‘(II) is implemented by local educational agencies serving such 

schools. 

‘‘(C) PROHIBITION.—Nothing in this section shall be construed to permit 

the Secretary to establish any criteria that specifies, defines, or prescribes 

any aspect of a State’s accountability system developed and implemented in 

accordance with this paragraph. 

‘‘(D) ACCOUNTABILITY FOR CHARTER SCHOOLS.—The accountability provisions under this Act shall be overseen for charter schools in accordance 

with State charter school law. 


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‘‘(4) REQUIREMENTS.—Each State plan shall describe— 

‘‘(A) how the State educational agency will assist each local educational 

agency and each public school affected by the State plan to comply with the 

requirements of this subpart, including how the State educational agency 

will work with local educational agencies to provide technical assistance; 

and 

‘‘(B) how the State educational agency will ensure that the results of the 

State assessments described in paragraph (2), the other indicators selected 

by the State under paragraph (3)(B)(i), and the school evaluations described 

in paragraph (3)(B)(ii), will be promptly provided to local educational agencies, schools, teachers, and parents in a manner that is clear and easy to 

understand, but not later than before the beginning of the school year following the school year in which such assessments, other indicators, or evaluations are taken or completed. 

‘‘(5) TIMELINE FOR IMPLEMENTATION.—Each State plan shall describe the process by which the State will adopt and implement the State academic standards, 

assessments, and accountability system required under this section within 2 

years of enactment of the Student Success Act. 

‘‘(6) EXISTING STANDARDS.—Nothing in this subpart shall prohibit a State 

from revising, consistent with this section, any standard adopted under this section before or after the date of enactment of the Student Success Act. 

‘‘(7) EXISTING STATE LAW.—Nothing in this section shall be construed to alter 

any State law or regulation granting parents authority over schools that repeatedly failed to make adequate yearly progress under this section, as in effect on 

the day before the date of the enactment of the Student Success Act. 

‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND LEARNING.—Each State plan 

shall contain assurances that— 

‘‘(1) the State will notify local educational agencies, schools, teachers, parents, 

and the public of the academic standards, academic assessments, and State accountability system developed and implemented under this section; 

‘‘(2) the State will 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; 

‘‘(3) the State educational agency will notify local educational agencies and 

the public of the authority to operate schoolwide programs; 

‘‘(4) 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 subpart; 

‘‘(5) 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; 

‘‘(6) 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; and 

‘‘(7) the State educational agency will inform local educational agencies in the 

State of the local educational agency’s authority to transfer funds under section 

1002 and to obtain waivers under section 5401; 

‘‘(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— 

‘‘(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; 

‘‘(2) be geared toward lowering barriers to greater participation by parents in 

school planning, review, and improvement; and 

‘‘(3) be coordinated with programs funded under subpart 3 of part A of title 

III. 

‘‘(e) PEER REVIEW AND SECRETARIAL APPROVAL.— 

‘‘(1) ESTABLISHMENT.—Notwithstanding section 5543, the Secretary shall— 

‘‘(A) establish a peer-review process to assist in the review of State plans; 

and 

‘‘(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 


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needs of students, and ensure that 75 percent of such appointees are practitioners. 

‘‘(2) APPROVAL.—The Secretary shall— 

‘‘(A) approve a State plan within 120 days of its submission; 

‘‘(B) disapprove of the State plan only if the Secretary demonstrates how 

the State plan fails to meet the requirements of this section and immediately notifies the State of such determination and the reasons for such determination; 

‘‘(C) not decline to approve a State’s plan before— 

‘‘(i) offering the State an opportunity to revise its plan; 

‘‘(ii) providing technical assistance in order to assist the State to meet 

the requirements of this section; and 

‘‘(iii) providing a hearing; and 

‘‘(D) have the authority to disapprove a State plan for not meeting the 

requirements of this subpart, 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 standards or State accountability system, or to use specific academic assessments 

or other indicators. 

‘‘(3) STATE REVISIONS.—A State plan shall be revised by the State educational 

agency if it is necessary to satisfy the requirements of this section. 

‘‘(4) PUBLIC REVIEW.—All communications, feedback, and notifications under 

this subsection shall be conducted in a manner that is immediately made available to the public through the website of the Department, including— 

‘‘(A) peer review guidance; 

‘‘(B) the names of the peer reviewers; 

‘‘(C) State plans submitted or resubmitted by a State, including the current approved plans; 

‘‘(D) peer review notes; 

‘‘(E) State plan determinations by the Secretary, including approvals or 

disapprovals, and any deviations from the peer reviewers’ recommendations 

with an explanation of the deviation; and 

‘‘(F) hearings. 

‘‘(5) PROHIBITION.—The Secretary, and the Secretary’s staff, may not attempt 

to participate in, or influence, the peer review process. No Federal employee 

may participate in, or attempt to influence the peer review process, except to 

respond to questions of a technical nature, which shall be publicly reported. 

‘‘(f) DURATION OF THE PLAN.— 

‘‘(1) IN GENERAL.—Each State plan shall— 

‘‘(A) remain in effect for the duration of the State’s participation under 

this subpart; and 

‘‘(B) be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State’s strategies and programs 

under this subpart. 

‘‘(2) ADDITIONAL INFORMATION.—If a State makes significant changes to its 

State plan, such as the adoption of new State academic standards or new academic assessments, or adopts a new State accountability system, such information shall be submitted to the Secretary under subsection (e)(2) for approval. 

‘‘(g) FAILURE TO MEET REQUIREMENTS.—If a State fails to meet any of the requirements of this section then the Secretary shall withhold funds for State administration under this subpart until the Secretary determines that the State has fulfilled 

those requirements. 

‘‘(h) REPORTS.— 

‘‘(1) ANNUAL STATE REPORT CARD.— 

‘‘(A) IN GENERAL.—A State that receives assistance under this subpart 

shall prepare and disseminate an annual State report card. Such dissemination shall include, at a minimum, publicly posting the report card on the 

home page of the State educational agency’s website. 

‘‘(B) IMPLEMENTATION.—The State report card shall be— 

‘‘(i) concise; and 

‘‘(ii) presented in an understandable and uniform format that is developed in consultation with parents and, to the extent practicable, provided in a language that parents can understand. 

‘‘(C) REQUIRED INFORMATION.—The State shall include in its annual State 

report card information on— 

‘‘(i) the performance of students, in the aggregate and disaggregated 

by the categories of students described in subsection (b)(2)(B)(xii) (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 


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reliable information or the results would reveal personally identifiable 

information about an individual student), on the State academic assessments described in subsection (b)(2); 

‘‘(ii) the participation rate on such assessments, in the aggregate and 

disaggregated in accordance with clause (i)); 

‘‘(iii) the performance of students, in the aggregate and disaggregated 

in accordance with clause (i), on other academic indicators described in 

subsection (b)(3)(B)(i); 

‘‘(iv) for each public high school in the State, in the aggregate and 

disaggregated in accordance with clause (i)— 

‘‘(I) the four-year adjusted cohort graduation rate, and 

‘‘(II) at the State’s discretion, the extended-year adjusted cohort 

graduation rate, calculated and reported separately for students 

graduating in 5 years or less and students graduating in 6 years 

or less; 

‘‘(v) each public school’s evaluation results as determined in accordance with subsection (b)(3)(B)(ii); 

‘‘(vi) the acquisition of English proficiency by English learners; 

‘‘(vii) the number and percentage of teachers in each category established under clause (iii) of section 2123(1)(A), except that such information shall not reveal personally identifiable information about an individual teacher; and 

‘‘(viii) the results of the assessments described in subsection (c)(2). 

‘‘(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. 

‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS.— 

‘‘(A) IN GENERAL.—A local educational agency that receives assistance 

under this subpart shall prepare and disseminate an annual local educational agency report card. 

‘‘(B) MINIMUM REQUIREMENTS.—The State educational agency shall ensure that each local educational agency collects appropriate data and includes in the local educational agency’s annual report the information described in paragraph (1)(C) as applied to the local educational agency and 

each school served by the local educational agency, and— 

‘‘(i) in the case of a local educational agency, information that shows 

how students served by the local educational agency achieved on the 

statewide academic assessment and other academic indicators adopted 

in accordance with subsection (b)(3)(B)(i) compared to students in the 

State as a whole; and 

‘‘(ii) in the case of a school, the school’s evaluation under subsection 

(b)(3)(B)(ii). 

‘‘(C) OTHER INFORMATION.—A local educational agency may include in its 

annual local educational agency report card any other appropriate information, whether or not such information is included in the annual State report 

card. 

‘‘(D) DATA.—A local educational agency or school shall only include in its 

annual local educational agency report card data that are sufficient to yield 

statistically reliable information, as determined by the State, and that do 

not reveal personally identifiable information about an individual student. 

‘‘(E) PUBLIC DISSEMINATION.—The local educational agency shall publicly 

disseminate the information described in this paragraph to all schools 

served by the local educational agency and to all parents of students attending those schools in an understandable and uniform format, and, to the 

extent practicable, in a language that parents can understand, and make 

the information widely available through public means, such as posting on 

the Internet, distribution to the media, and distribution through public 

agencies, 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. 

‘‘(3) PREEXISTING REPORT CARDS.—A State educational agency or local educational agency may use public report cards on the performance of students, 

schools, local educational agencies, or the State, that were in effect prior to the 

enactment of the Student Success Act for the purpose of this subsection, so long 

as any such report card is modified, as may be needed, to contain the information required by this subsection. 

‘‘(4) PARENTS RIGHT-TO-KNOW.— 


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‘‘(A) ACHIEVEMENT INFORMATION.—At the beginning of each school year, 

a school that receives funds under this subpart shall provide to each individual parent information on the level of achievement of the parent’s child 

in each of the State academic assessments and other academic indicators 

adopted in accordance with this subpart. 

‘‘(B) 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. 

‘‘(i) PRIVACY.—Information collected under this section shall be collected and disseminated in a manner that protects the privacy of individuals consistent with section 444 of the General Education Provisions Act. 

‘‘(j) 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, except that the Secretary shall not attempt to influence, incentivize, or coerce State participation in any such partnerships. 

‘‘(k) 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. 

‘‘(l) SPECIAL RULE WITH RESPECT TO BUREAU-FUNDED SCHOOLS.—In determining 

the assessments to be used by each school operated or funded by the Bureau of Indian Education receiving funds under this subpart, the following shall apply: 

‘‘(1) Each such school that is accredited by the State in which it is operating 

shall use the assessments and other academic indicators the State has developed and implemented to meet the requirements of this section, or such other 

appropriate assessment and academic indicators as approved by the Secretary 

of the Interior. 

‘‘(2) Each such school that is accredited by a regional accrediting organization 

shall adopt an appropriate assessment and other academic indicators, in consultation with and with the approval of, the Secretary of the Interior and consistent with assessments and academic indicators adopted by other schools in 

the same State or region, that meet the requirements of this section. 

‘‘(3) Each such school that is accredited by a tribal accrediting agency or tribal 

division of education shall use an assessment and other academic indicators developed by such agency or division, except that the Secretary of the Interior 

shall ensure that such assessment and academic indicators meet the requirements of this section.’’. 

SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS. 

Section 1112 (20 U.S.C. 6312) is amended to read as follows: 

‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 

‘‘(a) PLANS REQUIRED.— ‘‘(1) SUBGRANTS.—A local educational agency may receive a subgrant under 

this subpart 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. 

‘‘(2) CONSOLIDATED APPLICATION.—The plan may be submitted as part of a 

consolidated application under section 5305. 

‘‘(b) PLAN PROVISIONS.—Each local educational agency plan shall describe— 

‘‘(1) how the local educational agency will monitor, in addition to the State 

assessments described in section 1111(b)(2), students’ progress in meeting the 

State’s academic standards; 

‘‘(2) how the local educational agency will identify quickly and effectively 

those students who may be at risk of failing to meet the State’s academic standards; 

‘‘(3) how the local educational agency will provide additional educational assistance to individual students in need of additional help in meeting the State’s 

academic standards; 

‘‘(4) how the local educational agency will implement the school improvement 

system described in section 1111(b)(3)(B)(iii) for any of the agency’s schools 

identified under such section; 

‘‘(5) how the local educational agency will coordinate programs under this 

subpart with other programs under this Act and other Acts, as appropriate; 

‘‘(6) the poverty criteria that will be used to select school attendance areas 

under section 1113; 

‘‘(7) how teachers, in consultation with parents, administrators, and specialized instructional support personnel, in targeted assistance schools under secVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00017 Fmt 6659 Sfmt 6621 E:\HR\OC\HR458.XXX HR458

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tion 1115, will identify the eligible children most in need of services under this 

subpart; 

‘‘(8) in general, the nature of the programs to be conducted by the local educational agency’s schools under sections 1114 and 1115, and, where appropriate, 

educational services outside such schools for children living in local institutions 

for neglected and delinquent children, and for neglected and delinquent children 

in community day school programs; 

‘‘(9) how the local educational agency will ensure that migratory children who 

are eligible to receive services under this subpart are selected to receive such 

services on the same basis as other children who are selected to receive services 

under this subpart; 

‘‘(10) the services the local educational agency will provide homeless children, 

including services provided with funds reserved under section 1113(c)(3)(A); 

‘‘(11) the strategy the local educational agency will use to implement effective 

parental involvement under section 1118; 

‘‘(12) if appropriate, how the local educational agency will use funds under 

this subpart to support preschool programs for children, particularly children 

participating in a Head 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 another comparable early childhood development program; 

‘‘(13) how the local educational agency, through incentives for voluntary 

transfers, the provision of professional development, recruitment programs, incentive pay, performance pay, or other effective strategies, will address disparities in the rates of low-income and minority students and other students being 

taught by ineffective teachers; and 

‘‘(14) if appropriate, how the local educational agency will use funds under 

this subpart to support programs that coordinate and integrate— 

‘‘(A) career and technical education aligned with State technical standards that promote skills attainment important to in-demand occupations or 

industries in the State and the State’s academic standards under section 

1111(b)(1); and 

‘‘(B) work-based learning opportunities that provide students in-depth 

interaction with industry professionals. 

‘‘(c) ASSURANCES.—Each local educational agency plan shall provide assurances 

that the local educational agency will— 

‘‘(1) participate, if selected, 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; 

‘‘(2) inform schools of schoolwide program authority and the ability to consolidate funds from Federal, State, and local sources; 

‘‘(3) provide technical assistance to schoolwide programs; 

‘‘(4) provide services to eligible children attending private elementary and secondary schools in accordance with section 1120, and timely and meaningful consultation with private school officials or representatives regarding such services; 

‘‘(5) in the case of a local educational agency that chooses to use funds under 

this subpart to provide early childhood development services to low-income children below the age of compulsory school attendance, ensure that such services 

comply with the performance standards established under section 641A(a) of the 

Head Start Act; 

‘‘(6) inform eligible schools of the local educational agency’s authority to request waivers on the school’s behalf under Title V; and 

‘‘(7) ensure that the results of the academic assessments required under section 1111(b)(2) 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. 

‘‘(d) SPECIAL RULE.—In carrying out subsection (c)(5), the Secretary shall— 

‘‘(1) 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 

‘‘(2) 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 subsection shall plan for the implementation of such 

subsection (taking into consideration existing State and local laws, and local 

teacher contracts). 


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‘‘(e) PLAN DEVELOPMENT AND DURATION.— ‘‘(1) CONSULTATION.—Each local educational agency plan shall be developed 

in consultation with teachers, school leaders, administrators, and other appropriate school personnel, and with parents of children in schools served under 

this subpart. 

‘‘(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 this Act and shall 

remain in effect for the duration of the agency’s participation under this subpart. 

‘‘(3) REVIEW.—Each local educational agency shall periodically review and, as 

necessary, revise its plan. 

‘‘(f) 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 subpart to meet the State’s academic standards described in section 1111(b)(1); and 

‘‘(B) meets the requirements of this section. 

‘‘(3) REVIEW.—The State educational agency shall review the local educational 

agency’s plan to determine if such agency’s activities are in accordance with section 1118. 

‘‘(g) PARENTAL NOTIFICATION.— 

‘‘(1) IN GENERAL.—Each local educational agency using funds under this subpart and subpart 4 to provide a language instruction educational program shall, 

not later than 30 days after the beginning of the school year, inform parents 

of an English learner identified for participation, or participating in, such a program of— 

‘‘(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 high school 

for such program if funds under this subpart 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 one program or method is offered by 

the eligible entity. 

‘‘(2) NOTICE.—The notice and information provided in paragraph (1) to 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 the local educational agency shall notify parents within the first 2 


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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 this subpart shall implement an effective means of outreach to parents 

of English learners 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 the State’s academic 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 subpart. 

‘‘(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. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS. 

Section 1113 (20 U.S.C. 6313) is amended— 

(1) by striking ‘‘part’’ each place it appears and inserting ‘‘subpart’’; and 

(2) in subsection (c)— 

(A) by amending paragraph (3) to read as follows: 

‘‘(3) RESERVATIONS.— 

‘‘(A) IN GENERAL.—A local educational agency shall reserve such funds as 

are necessary under this subpart to provide services comparable to those 

provided to children in schools funded under this subpart to serve the following: 

‘‘(i) Homeless children and youths, which may include— 

‘‘(I) for homeless children and youths who are attending schools 

not receiving assistance under this subpart and schools receiving 

assistance under this subpart, providing transportation pursuant to 

section 722(g)(1)(J)(iii) of the McKinney-Vento Homeless Assistance 

Act; and 

‘‘(II) for homeless children and youths who are attending schools 

not receiving assistance under this subpart— 

‘‘(aa) providing support services to homeless children and 

youths in shelters and other locations where they may live; 

and 

‘‘(bb) removing barriers to homeless children and youths’ enrollment, attendance, retention, and success in school. 

‘‘(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 school 

programs. 

‘‘(B) AMOUNT RESERVED.—The amount of funds reserved under subparagraph (A)(i) may be based upon a needs assessment of the homeless children and youths in the local educational agency, which may include the following: 

‘‘(i) Information related to child, youth, and family homelessness in 

the local educational agency obtained through the coordination and collaboration under subsections (f)(4) and (g)(5) 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 such Act for the previous school year. 

‘‘(iii) Gaps in identification of homeless children and youths in the 

local educational agency, as described by the liaison designated pursuant to section 722(g)(1)(J)(ii) of such Act.’’; and 

(B) in paragraph (4)— 

(i) by striking ‘‘subpart 2’’ and inserting ‘‘chapter B’’; and 

(ii) by striking ‘‘school improvement, corrective action, and restructuring under section 1116(b)’’ and inserting ‘‘school improvement under 

section 1111(b)(3)(B)(iii)’’. 

SEC. 115. SCHOOLWIDE PROGRAMS. 

Section 1114 (20 U.S.C. 6314) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) by striking ‘‘part’’ and inserting ‘‘subpart’’; and 

(ii) by striking ‘‘in which’’ through ‘‘such families’’; 

(B) in paragraph (2)— 


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(i) in subparagraph (A)(i), by striking ‘‘part’’ and inserting ‘‘subpart’’; 

and 

(ii) in subparagraph (B)— 

(I) by striking ‘‘children with limited English proficiency’’ and inserting ‘‘English learners’’; and 

(II) by striking ‘‘part’’ and inserting ‘‘subpart’’; 

(C) in paragraph (3)(B), by striking ‘‘maintenance of effort,’’ after ‘‘private 

school children,’’; and 

(D) by striking paragraph (4); and 

(2) in subsection (b)— 

(A) in paragraph (1)— 

(i) in subparagraph (A)— 

(I) by striking ‘‘(including’’ and all that follows through 

‘‘1309(2))’’; and 

(II) by striking ‘‘content standards and the State student academic achievement standards’’ and inserting ‘‘standards’’; 

(ii) in subparagraph (B)— 

(I) in clause (i), by striking ‘‘proficient’’ and all that follows 

through ‘‘section 1111(b)(1)(D)’’ and inserting ‘‘academic standards 

described in section 1111(b)(1)’’; 

(II) in clause (ii), in the matter preceding subclause (I), by striking ‘‘based on scientifically based research’’ and inserting ‘‘evidence-based’’; 

(III) in clause (iii)(I)— 

(aa) by striking ‘‘student academic achievement standards’’ 

and inserting ‘‘academic standards’’; and 

(bb) by striking ‘‘schoolwide program,’’ and all that follows 

through ‘‘technical education programs; and’’ and inserting 

‘‘schoolwide programs; and’’; and 

(IV) in clause (iv), by striking ‘‘the State and local improvement 

plans’’ and inserting ‘‘school improvement strategies’’; 

(iii) in subparagraph (C), by striking ‘‘highly qualified’’ and inserting 

‘‘effective’’; 

(iv) in subparagraph (D)— 

(I) by striking ‘‘In accordance with section 1119 and subsection 

(a)(4), high-quality’’ and inserting ‘‘High-quality’’; 

(II) by striking ‘‘pupil services’’ and inserting ‘‘specialized instructional support services’’; and 

(III) by striking ‘‘student academic achievement’’ and inserting 

‘‘academic’’; 

(v) in subparagraph (E), by striking ‘‘high-quality highly qualified’’ 

and inserting ‘‘effective’’; 

(vi) in subparagraph (G), by striking ‘‘, such as Head Start, Even 

Start, Early Reading First, or a State-run preschool program,’’; 

(vii) in subparagraph (H), by striking ‘‘section 1111(b)(3)’’ and inserting ‘‘section 1111(b)(2)’’; 

(viii) in subparagraph (I), by striking ‘‘proficient or advanced levels 

of academic achievement standards’’ and inserting ‘‘State academic 

standards’’; and 

(ix) in subparagraph (J), by striking ‘‘vocational’’ and inserting ‘‘career’’; and 

(B) in paragraph (2)— 

(i) in subparagraph (A)— 

(I) in the matter preceding clause (i)— 

(aa) by striking ‘‘first develop’’ and all that follows through 

‘‘2001)’’ and inserting ‘‘have in place’’; and 

(bb) by striking ‘‘and its school support team or other technical assistance provider under section 1117’’; 

(II) in clause (ii), by striking ‘‘part’’ and inserting ‘‘subpart’’; and 

(III) in clause (iv), by striking ‘‘section 1111(b)(3)’’ and inserting 

‘‘section 1111(b)(2)’’; and 

(ii) in subparagraph (B)— 

(I) in clause (i)— 

(aa) in subclause (I), by striking ‘‘, after considering the recommendation of the technical assistance providers under section 1117,’’; and 

(bb) in subclause (II), by striking ‘‘the No Child Left Behind 

Act of 2001’’ and inserting ‘‘Student Success Act’’ ; 

(II) in clause (ii)— 


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(aa) by striking ‘‘(including administrators of programs described in other parts of this title)’’; and 

(bb) by striking ‘‘pupil services’’ and inserting ‘‘specialized instructional support services’’; 

(III) in clause (iii), by striking ‘‘part’’ and inserting ‘‘subpart’’; 

and 

(IV) in clause (v), by striking ‘‘Reading First, Early Reading 

First, Even Start,’’; and 

(3) in subsection (c)— 

(A) by striking ‘‘part’’ and inserting ‘‘subpart’’; and 

(B) by striking ‘‘6,’’ and all that follows through the period at the end and 

inserting ‘‘6.’’. 

SEC. 116. TARGETED ASSISTANCE SCHOOLS. 

Section 1115 (20 U.S.C. 6315) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘are ineligible for a schoolwide program under section 

1114, or that’’; 

(B) by striking ‘‘operate such’’ and inserting ‘‘operate’’; and 

(C) by striking ‘‘part’’ and inserting ‘‘subpart’’; 

(2) in subsection (b)— 

(A) in paragraph (1)(B), by striking ‘‘challenging student academic 

achievement’’ and inserting ‘‘academic’’; 

(B) in paragraph (2)— 

(i) in subparagraph (A)— 

(I) by striking ‘‘limited English proficient children’’ and inserting 

‘‘English learners’’; and 

(II) by striking ‘‘part’’ each place it appears and inserting ‘‘subpart’’; 

(ii) in subparagraph (B)— 

(I) in the heading, by striking ‘‘, EVEN START, OR EARLY READING

FIRST’’; and 

(II) by striking ‘‘, Even Start, or Early Reading First’’; 

(iii) in subparagraph (C)— 

(I) by amending the heading to read as follows: ‘‘SUBPART 3 CHILDREN.—’’; 

(II) by striking ‘‘part C’’ and inserting ‘‘subpart 3’’; and 

(III) by striking ‘‘part’’ and inserting ‘‘subpart’’; 

(iv) in subparagraphs (D) and (E), by striking ‘‘part’’ each place it appears and inserting ‘‘subpart’’; 

(C) in paragraph (3), by striking ‘‘part’’ and inserting ‘‘subpart’’; 

(3) in subsection (c)— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A)— 

(I) by striking ‘‘part’’ and inserting ‘‘subpart’’; and 

(II) by striking ‘‘challenging student academic achievement’’ and 

inserting ‘‘academic’’; 

(ii) in subparagraph (A)— 

(I) by striking ‘‘part’’ and inserting ‘‘subpart’’; and 

(II) by striking ‘‘challenging student academic achievement’’ and 

inserting ‘‘academic’’; 

(iii) in subparagraph (B), by striking ‘‘part’’ and inserting ‘‘subpart’’; 

(iv) in subparagraph (C)— 

(I) in the matter preceding clause (i), by striking ‘‘based on scientifically based research’’ and inserting ‘‘evidence-based’’; and 

(II) in clause (iii), by striking ‘‘part’’ and inserting ‘‘subpart’’; 

(v) in subparagraph (D), by striking ‘‘such as Head Start, Even Start, 

Early Reading First or State-run preschool programs’’; 

(vi) in subparagraph (E), by striking ‘‘highly qualified’’ and inserting 

‘‘effective’’; 

(vii) in subparagraph (F)— 

(I) by striking ‘‘in accordance with subsection (e)(3) and section 

1119,’’; 

(II) by striking ‘‘part’’ and inserting ‘‘subpart’’; and 

(III) by striking ‘‘pupil services personnel’’ and inserting ‘‘specialized instructional support personnel’’; and 

(viii) in subparagraph (H), by striking ‘‘vocational’’ and inserting ‘‘career’’; and 

(B) in paragraph (2)— 


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(i) in the matter preceding subparagraph (A), by striking ‘‘proficient 

and advanced levels of achievement’’ and inserting ‘‘academic standards’’; 

(ii) in subparagraph (A), by striking ‘‘part’’ and inserting ‘‘subpart’’; 

and 

(iii) in subparagraph (B), by striking ‘‘challenging student academic 

achievement’’ and inserting ‘‘academic’’; 

(4) in subsection (d), in the matter preceding paragraph (1), by striking ‘‘part’’ 

each place it appears and inserting ‘‘subpart’’; and 

(5) in subsection (e)— 

(A) in paragraph (2)(B)— 

(i) in the matter preceding clause (i), by striking ‘‘part’’ and inserting 

‘‘subpart’’; and 

(ii) in clause (iii), by striking ‘‘pupil services’’ and inserting ‘‘specialized instructional support services’’; and 

(B) by striking paragraph (3). 

SEC. 117. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL IMPROVEMENT; SCHOOL SUPPORT AND RECOGNITION. 

The Act is amended by repealing sections 1116 and 1117 (20 U.S.C. 6316; 6317). 

SEC. 118. PARENTAL INVOLVEMENT. 

Section 1118 (20 U.S.C. 6318) is amended— 

(1) by striking ‘‘part’’ each place such term appears and inserting ‘‘subpart’’; 

(2) in subsection (a)— 

(A) in paragraph (2)— 

(i) in subparagraph (A), by striking ‘‘, and’’ and all that follows 

through ‘‘1116’’; and 

(ii) in subparagraph (D), by striking ‘‘, such as’’ and all that follows 

through ‘‘preschool programs’’; and 

(B) in paragraph (3)(A), by striking ‘‘subpart 2 of this part’’ each place 

it appears and inserting ‘‘chapter B of this subpart’’; 

(3) by amending subsection (c)(4)(B) to read as follows: 

‘‘(B) a description and explanation of the curriculum in use at the school 

and the forms of academic assessment used to measure student progress; 

and’’; 

(4) in subsection (d)(1), by striking ‘‘student academic achievement’’ and inserting ‘‘academic’’; 

(5) in subsection (e)— 

(A) in paragraph (1), by striking ‘‘State’s academic content standards and 

State student academic achievement standards’’ and inserting ‘‘State’s academic standards’’; 

(B) in paragraph (3)— 

(i) by striking ‘‘pupil services personnel,’’ and inserting ‘‘specialized 

instructional support personnel,’’; and 

(ii) by striking ‘‘principals,’’ and inserting ‘‘school leaders,’’; and 

(C) in paragraph (4), by striking ‘‘Head Start, Reading First, Early Reading First, Even Start, the Home Instruction Programs for Preschool Youngsters, the Parents as Teachers Program, and public preschool and other’’ 

and inserting ‘‘other Federal, State, and local’’; and 

(6) by amending subsection (g) to read as follows: 

‘‘(g) FAMILY ENGAGEMENT IN EDUCATION PROGRAMS.—In a State operating a program under subpart 3 of part A of title III, each local educational agency or school 

that receives assistance under this subpart shall inform such parents and organizations of the existence of such programs.’’. 

SEC. 119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS. 

The Act is amended by repealing section 1119 (20 U.S.C. 6319). 

SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS. 

Section 1120 (20 U.S.C. 6320) is amended to read as follows: 

‘‘SEC. 1120. 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— 

‘‘(A) after timely and meaningful consultation with appropriate private 

school officials or representatives, provide such service, on an equitable 

basis and individually or in combination, as requested by the officials or 


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representatives to best meet the needs of such children, special educational 

services, instructional services, counseling, mentoring, one-on-one tutoring, 

or other benefits under this subpart (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 

‘‘(B) ensure that teachers and families of the children participate, on an 

equitable basis, in services and activities developed pursuant to this subpart. 

‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.—Such educational services or other 

benefits, including materials and equipment, shall be secular, neutral, and nonideological. 

‘‘(3) EQUITY.— ‘‘(A) IN GENERAL.—Educational services and other benefits for such private school children shall be equitable in comparison to services and other 

benefits for public school children participating under this subpart, and 

shall be provided in a timely manner. 

‘‘(B) OMBUDSMAN.—To help ensure such equity for such private school 

children, teachers, and other educational personnel, the State educational 

agency involved shall designate an ombudsman to monitor and enforce the 

requirements of this subpart. 

‘‘(4) EXPENDITURES.— 

‘‘(A) IN GENERAL.—Expenditures for educational services and other benefits to eligible private school children shall be equal to the expenditures for 

participating public school children, taking into account the number, and 

educational needs, of the children to be served. 

‘‘(B) OBLIGATION OF FUNDS.—Funds allocated to a local educational agency for educational services and other benefits to eligible private school children shall— 

‘‘(i) be obligated in the fiscal year for which the funds are received 

by the agency; and 

‘‘(ii) with respect to any such funds that cannot be so obligated, be 

used to serve such children in the following fiscal year. 

‘‘(5) PROVISION OF SERVICES.—The local educational agency or, in a case described in subsection (b)(6)(C), the State educational agency involved, may provide services under this section directly or through contracts with public or private agencies, organizations, and institutions. 

‘‘(b) CONSULTATION.— 

‘‘(1) IN GENERAL.—To ensure timely and meaningful consultation, a local educational agency shall consult with appropriate private school officials or representatives during the design and development of such agency’s programs 

under this subpart in order to reach an agreement between the agency and the 

officials or representatives about equitable and effective programs for eligible 

private school children, the results of which shall be transmitted to the designated ombudsmen under section 1120(a)(3)(B). Such process shall include consultation on issues such as— 

‘‘(A) how the children’s needs will be identified; 

‘‘(B) what services will be offered; 

‘‘(C) how, where, and by whom the services will be provided; 

‘‘(D) how the services will be academically assessed and how the results 

of that assessment will be used to improve those services; 

‘‘(E) the size and scope of the equitable services to be provided to the eligible private school children, and the proportion of funds that is allocated 

under subsection (a)(4) for such services, how that proportion of funds is determined under such subsection, and an itemization of the costs of the services to be provided; 

‘‘(F) the method or sources of data that are used under subsection (c) and 

section 1113(c)(1) to determine the number of children from low-income 

families in participating school attendance areas who attend private 

schools; 

‘‘(G) how and when the agency will make decisions about the delivery of 

services to such children, including a thorough consideration and analysis 

of the views of the private school officials or representatives on the provision of services through a contract with potential third-party providers; 

‘‘(H) how, if the agency disagrees with the views of the private school officials or representatives on the provision of services through a contract, the 

local educational agency will provide in writing to such private school officials an analysis of the reasons why the local educational agency has chosen not to use a contractor; 


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‘‘(I) whether the agency will provide services under this section directly 

or through contracts with public and private agencies, organizations, and 

institutions; 

‘‘(J) whether to provide equitable services to eligible private school children— 

‘‘(i) by creating a pool or pools of funds with all of the funds allocated 

under paragraph (4) based on all the children from low-income families 

who attend private schools in a participating school attendance area of 

the agency from which the local educational agency will provide such 

services to all such children; or 

‘‘(ii) by providing such services to eligible children in each private 

school in the agency’s participating school attendance area with the 

proportion of funds allocated under paragraph (4) based on the number 

of children from low-income families who attend such school; and 

‘‘(K) whether to consolidate and use funds under this subpart to provide 

schoolwide programs for a private school. 

‘‘(2) DISAGREEMENT.—If a local educational agency disagrees with the views 

of private school officials or representatives with respect to an issue described 

in paragraph (1), the local educational agency shall provide in writing to such 

private school officials an analysis of the reasons why the local educational 

agency has chosen not to adopt the course of action requested by such officials. 

‘‘(3) TIMING.—Such consultation shall include meetings of agency and private 

school officials or representatives and shall occur before the local educational 

agency makes any decision that affects the opportunities of eligible private 

school children to participate in programs under this subpart. Such meetings 

shall continue throughout implementation and assessment of services provided 

under this section. 

‘‘(4) DISCUSSION.—Such consultation shall include a discussion of service delivery mechanisms a local educational agency can use to provide equitable services to eligible private school children. 

‘‘(5) DOCUMENTATION.—Each local educational agency shall maintain in the 

agency’s records and provide to the State educational agency involved a written 

affirmation signed by officials or representatives of each participating private 

school that the meaningful consultation required by this section has occurred. 

The written affirmation shall provide the option for private school officials or 

representatives to indicate that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children. If such officials or representatives do not provide such affirmation within a reasonable period of time, the local educational agency shall 

forward the documentation that such consultation has, or attempts at such consultation have, taken place to the State educational agency. 

‘‘(6) COMPLIANCE.— 

‘‘(A) IN GENERAL.—A private school official shall have the right to file a 

complaint with the State educational agency that the local educational 

agency did not engage in consultation that was meaningful and timely, did 

not give due consideration to the views of the private school official, or did 

not treat the private school or its students equitably as required by this section. 

‘‘(B) PROCEDURE.—If the private school official wishes to file a complaint, 

the official shall provide the basis of the noncompliance with this section 

by the local educational agency to the State educational agency, and the 

local educational agency shall forward the appropriate documentation to the 

State educational agency. 

‘‘(C) STATE EDUCATIONAL AGENCIES.—A State educational agency shall 

provide services under this section directly or through contracts with public 

or private agencies, organizations, and institutions, if— 

‘‘(i) the appropriate private school officials or their representatives 

have— 

‘‘(I) requested that the State educational agency provide such 

services directly; and 

‘‘(II) demonstrated that the local educational agency involved has 

not met the requirements of this section; or 

‘‘(ii) in a case in which— 

‘‘(I) a local educational agency has more than 10,000 children 

from low-income families who attend private elementary schools or 

secondary schools in a participating school attendance area of the 

agency that are not being served by the agency’s program under 

this section; or 


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‘‘(II) 90 percent of the eligible private school students in a participating school attendance area of the agency are not being 

served by the agency’s program under this section. 

‘‘(c) ALLOCATION FOR EQUITABLE SERVICE TO PRIVATE SCHOOL STUDENTS.— 

‘‘(1) CALCULATION.—A local educational agency shall have the final authority, 

consistent with this section, to calculate the number of children, ages 5 through 

17, who are from low-income families and attend private schools by— 

‘‘(A) using the same measure of low income used to count public school 

children; 

‘‘(B) using the results of a survey that, to the extent possible, protects the 

identity of families of private school students, and allowing such survey results to be extrapolated if complete actual data are unavailable; 

‘‘(C) applying the low-income percentage of each participating public 

school attendance area, determined pursuant to this section, to the number 

of private school children who reside in that school attendance area; or 

‘‘(D) using an equated measure of low income correlated with the measure 

of low income used to count public school children. 

‘‘(2) COMPLAINT PROCESS.—Any dispute regarding low-income data for private 

school students shall be subject to the complaint process authorized in section 

5503. 

‘‘(d) PUBLIC CONTROL OF FUNDS.— 

‘‘(1) IN GENERAL.—The control of funds provided under this subpart, and title 

to materials, equipment, and property purchased with such funds, shall be in 

a public agency, and a public agency shall administer such funds, materials, 

equipment, and property. 

‘‘(2) PROVISION OF SERVICES.— 

‘‘(A) PROVIDER.—The provision of services under this section shall be provided— 

‘‘(i) by employees of a public agency; or 

‘‘(ii) through a contract by such public agency with an individual, association, agency, or organization. 

‘‘(B) REQUIREMENT.—In the provision of such services, such employee, individual, association, agency, or organization shall be independent of such 

private school and of any religious organization, and such employment or 

contract shall be under the control and supervision of such public agency. 

‘‘(e) STANDARDS FOR A BYPASS.—If a local educational agency is prohibited by law 

from providing for the participation in programs on an equitable basis of eligible 

children enrolled in private elementary schools and secondary schools, or if the Secretary determines that a local educational agency has substantially failed or is unwilling to provide for such participation, as required by this section, the Secretary 

shall— 

‘‘(1) waive the requirements of this section for such local educational agency; 

‘‘(2) arrange for the provision of services to such children through arrangements that shall be subject to the requirements of this section and sections 5503 

and 5504; and 

‘‘(3) in making the determination under this subsection, consider one or more 

factors, including the quality, size, scope, and location of the program and the 

opportunity of eligible children to participate.’’. 

SEC. 121. FISCAL REQUIREMENTS. 

Section 1120A (20 U.S.C. 6321) is amended— 

(1) by striking ‘‘part’’ each place it appears and inserting ‘‘subpart’’; and 

(2) by striking subsection (a) and redesignating subsections (b), (c), and (d) 

as subsections (a), (b), and (c), respectively. 

SEC. 122. COORDINATION REQUIREMENTS. 

Section 1120B (20 U.S.C. 6322) is amended— 

(1) by striking ‘‘part’’ each place it appears and inserting ‘‘subpart’’; 

(2) in subsection (a), by striking ‘‘such as the Early Reading First program’’; 

and 

(3) in subsection (b)— 

(A) in the matter preceding paragraph (1), by striking ‘‘, such as the 

Early Reading First program,’’; 

(B) in paragraphs (1) through (3), by striking ‘‘such as the Early Reading 

First program’’ each place it appears; 

(C) in paragraph (4), by striking ‘‘Early Reading First program staff,’’; 

and 

(D) in paragraph (5), by striking ‘‘and entities carrying out Early Reading 

First programs’’. 


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SEC. 123. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE INTERIOR. 

Section 1121 (20 U.S.C. 6331) is amended— 

(1) in subsection (a), by striking ‘‘appropriated for payments to States for any 

fiscal year under section 1002(a) and 1125A(f)’’ and inserting ‘‘reserved for this 

chapter under section 1122(a)’’; and 

(2) in subsection (b)— 

(A) in paragraph (2), by striking ‘‘the No Child Left Behind Act of 2001’’ 

and inserting ‘‘the Student Success Act’’; 

(B) in paragraph (3)— 

(i) in subparagraph (B), by striking ‘‘basis,’’ and all that follows 

through the period at the end and inserting ‘‘basis.’’; 

(ii) in subparagraph (C)(ii), by striking ‘‘challenging State academic 

content standards’’ and inserting ‘‘State academic standards’’; and 

(iii) by striking subparagraph (D); and 

(3) in subsection (d)(2), by striking ‘‘part’’ and inserting ‘‘subpart’’. 

SEC. 124. ALLOCATIONS TO STATES. 

Section 1122 (20 U.S.C. 6332) is amended— 

(1) by amending subsection (a) to read as follows: 

‘‘(a) RESERVATION.— 

‘‘(1) IN GENERAL.—From the amounts appropriated under section 3(a)(1), the 

Secretary shall reserve 91 percent of such amounts to carry out this chapter. 

‘‘(2) ALLOCATION FORMULA.—Of the amount reserved under paragraph (1) for 

each of fiscal years 2013 to 2018 (referred to in this subsection as the current 

fiscal year)— 

‘‘(A) an amount equal to the amount made available to carry out section 

1124 for fiscal year 2001 shall be used to carry out section 1124; 

‘‘(B) an amount equal to the amount made available to carry out section 

1124A for fiscal year 2001 shall be used to carry out section 1124A; and 

‘‘(C) an amount equal to 100 percent of the amount, if any, by which the 

total amount made available to carry out this chapter for the fiscal year for 

which the determination is made exceeds the total amount available to 

carry out sections 1124 and 1124A for fiscal year 2001 shall be used to 

carry out section 1125 and 1125A and such amount shall be divided equally 

between section 1125 and section 1125A.’’; 

(2) in subsection (b)(1), by striking ‘‘subpart’’ and inserting ‘‘chapter’’; 

(3) in subsection (c)(3), by striking ‘‘part’’ and inserting ‘‘subpart’’; and 

(4) in subsection (d)(1), by striking ‘‘subpart’’ and inserting ‘‘chapter’’. 

SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES. 

Section 1124 (20 U.S.C. 6333) is amended— 

(1) in subsection (a)— 

(A) in paragraph (3)— 

(i) in subparagraph (B), by striking ‘‘subpart’’ and inserting ‘‘chapter’’; 

and 

(ii) in subparagraph (C)(i), by striking ‘‘subpart’’ and inserting ‘‘chapter’’; and 

(B) in paragraph (4)(C), by striking ‘‘subpart’’ each place it appears and 

inserting ‘‘chapter’’; and 

(2) in subsection (c)— 

(A) in paragraph (1)(B), by striking ‘‘subpart 1 of part D’’ and inserting 

‘‘chapter A of subpart 3’’; and 

(B) in paragraph (2), by striking ‘‘part’’ and inserting ‘‘subpart’’. 

SEC. 126. ADEQUACY OF FUNDING OF TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES IN FISCAL YEARS AFTER FISCAL YEAR 2001. 

Section 1125AA (20 U.S.C. 6336) is amended to read as follows: 

‘‘SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED GRANTS TO LOCAL EDUCATIONAL 

AGENCIES IN FISCAL YEARS AFTER FISCAL YEAR 2001. 

‘‘Pursuant to section 1122, the total amount allocated in any fiscal year after fiscal 

year 2001 for programs and activities under this subpart shall not exceed the 

amount allocated in fiscal year 2001 for such programs and activities unless the 

amount available for targeted grants to local educational agencies under section 

1125 in the applicable fiscal year meets the requirements of section 1122(a).’’. 

SEC. 127. EDUCATION FINANCE INCENTIVE GRANT PROGRAM. 

Section 1125A (20 U.S.C. 6337) is amended— 

(1) by striking ‘‘part’’ each place it appears and inserting ‘‘subpart’’; 

(2) in subsection (b)(1)— 


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(A) in subparagraph (A), by striking ‘‘appropriated pursuant to subsection 

(f)’’ and inserting ‘‘made available for any fiscal year to carry out this section’’; and 

(B) in subparagraph (B)(i), by striking ‘‘total appropriations’’ and inserting ‘‘the total amount reserved under section 1122(a) to carry out this section’’; and 

(3) by striking subsections (a), (e), and (f) and redesignating subsections (b), 

(c), (d), and (g) as subsections (a), (b), (c), and (d), respectively. 

SEC. 128. CARRYOVER AND WAIVER. 

Section 1127 (20 U.S.C. 6339) is amended by striking ‘‘subpart’’ each place it appears and inserting ‘‘chapter’’. 

Subtitle C—Additional Aid to States and School 

Districts 

SEC. 131. ADDITIONAL AID. 

(a) IN GENERAL.—Title I (20 U.S.C. 6301 et seq.), as amended by the preceding 

provisions of this Act, is further amended— 

(1) by striking parts B through D and F through H; and 

(2) by inserting after subpart 1 of part A the following: 

‘‘Subpart 2—Education of Migratory Children 

‘‘SEC. 1131. PROGRAM PURPOSES. 

‘‘The purposes of this subpart are as follows: 

‘‘(1) To assist States in supporting high-quality and comprehensive educational programs and services during the school year, and as applicable, during 

summer or intercession periods, that address the unique educational needs of 

migratory children. 

‘‘(2) To ensure that migratory children who move among the States, not be 

penalized in any manner by disparities among the States in curriculum, graduation requirements, and State academic standards. 

‘‘(3) To help such children succeed in school, meet the State academic standards that all children are expected to meet, and graduate from high school prepared for postsecondary education and the workforce without the need for remediation. 

‘‘(4) To help such children overcome educational disruption, cultural and language barriers, social isolation, various health-related problems, and other factors that inhibit the ability of such children to succeed in school. 

‘‘(5) To help such children benefit from State and local systemic reforms. 

‘‘SEC. 1132. PROGRAM AUTHORIZED. 

‘‘(a) IN GENERAL.—From the amounts appropriated under section 3(a)(1), the Secretary shall reserve 2.4 percent to carry out this subpart. 

‘‘(b) GRANTS AWARDED.—From the amounts reserved under subsection (a) and not 

reserved under section 1138(c), the Secretary shall make allotments for the fiscal 

year to State educational agencies, or consortia of such agencies, to establish or improve, directly or through local operating agencies, programs of education for migratory children in accordance with this subpart. 

‘‘SEC. 1133. STATE ALLOCATIONS. 

‘‘(a) STATE ALLOCATIONS.—Except as provided in subsection (c), each State (other 

than the Commonwealth of Puerto Rico) is entitled to receive under this subpart an 

amount equal to the product of— 

‘‘(1) the sum of— 

‘‘(A) the average number of identified eligible full-time equivalent 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 subpart in summer or intersession programs provided by the State during the previous year; multiplied by 

‘‘(2) 40 percent of the average per-pupil expenditure in the State, except that 

the amount determined under this paragraph shall not be less than 32 percent, 

nor more than 48 percent, of the average per-pupil expenditure in the United 

States. 


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‘‘(b) HOLD HARMLESS.—Notwithstanding subsection (a), for each of fiscal years 

2013 through 2015, no State shall receive less than 90 percent of the State’s allocation under this section for the previous year. 

‘‘(c) ALLOCATION TO PUERTO RICO.—For each fiscal year, the grant which the Commonwealth of Puerto Rico shall be eligible to receive under this subpart shall be the 

amount determined by multiplying the number of children who would be counted 

under subsection (a)(1) if such subsection applied to the Commonwealth of Puerto 

Rico by the product of— 

‘‘(1) the percentage that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of 

the 50 States, except that the percentage calculated under this subparagraph 

shall not be less than 85 percent; and 

‘‘(2) 32 percent of the average per-pupil expenditure in the United States. 

‘‘(d) RATABLE REDUCTIONS; REALLOCATIONS.— ‘‘(1) IN GENERAL.— ‘‘(A) RATABLE REDUCTIONS.—If, after the Secretary reserves funds under 

section 1138(c), the amount appropriated to carry out this subpart 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) 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 subpart. 

‘‘(2) SPECIAL RULE.— 

‘‘(A) FURTHER REDUCTIONS.—The Secretary shall further reduce the 

amount of any grant to a State under this subpart 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 required 

under section 1134. 

‘‘(B) REALLOCATION.—The Secretary shall reallocate such excess funds to 

other States whose grants under this subpart would otherwise be insufficient to provide an appropriate level of services to migratory children, in 

such amounts as the Secretary determines are appropriate. 

‘‘(e) CONSORTIUM ARRANGEMENTS.— 

‘‘(1) IN GENERAL.—In the case of a State that receives a grant of $1,000,000 

or less under this section, the Secretary shall consult with the State educational 

agency to determine whether consortium arrangements with another State or 

other appropriate entity would result in delivery of services in a more effective 

and efficient manner. 

‘‘(2) PROPOSALS.—Any State, regardless of the amount of such State’s allocation, may submit a consortium arrangement to the Secretary for approval. 

‘‘(3) APPROVAL.—The Secretary shall approve a consortium arrangement 

under paragraph (1) or (2) if the proposal demonstrates that the arrangement 

will— 

‘‘(A) reduce administrative costs or program function costs for State programs; and 

‘‘(B) make more funds available for direct services to add substantially to 

the educational achievement of children to be served under this subpart. 

‘‘(f) DETERMINING NUMBERS OF ELIGIBLE CHILDREN.—In order to determine the 

identified number of migratory children residing in each State for purposes of this 

section, the Secretary shall— 

‘‘(1) use 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; 

‘‘(3) develop and implement a procedure for more accurately reflecting cost 

factors for different types of summer and intersession program designs; 

‘‘(4) adjust the full-time equivalent number of migratory children who reside 

in each State to take into account— 

‘‘(A) the unique needs of those children participating in evidence-based or 

other effective special programs provided under this subpart that operate 

during the summer and intersession periods; and 

‘‘(B) the additional costs of operating such programs; and 

‘‘(5) conduct an analysis of the options for adjusting the formula so as to better direct services to migratory children, including the most at-risk migratory 

children. 

‘‘(g) NONPARTICIPATING STATES.—In the case of a State desiring to receive an allocation under this subpart for a fiscal year that did not receive an allocation for the 


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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. 1134. STATE APPLICATIONS; SERVICES. 

‘‘(a) APPLICATION REQUIRED.—Any State desiring to receive a grant under this 

subpart for any fiscal year shall submit an application to the Secretary at such time 

and in such manner as the Secretary may require. 

‘‘(b) PROGRAM INFORMATION.—Each such application shall include— 

‘‘(1) a description of how, in planning, implementing, and evaluating programs 

and projects assisted under this subpart, the State and its local operating agencies will ensure that the unique educational needs of migratory children, including preschool migratory children, are identified and addressed through— 

‘‘(A) the full range of services that are available for migratory children 

from appropriate local, State, and Federal educational programs; 

‘‘(B) joint planning among local, State, and Federal educational programs 

serving migratory children, including language instruction educational programs under chapter A of subpart 4; and 

‘‘(C) the integration of services available under this subpart with services 

provided by those other programs; 

‘‘(2) a description of the steps the State is taking to provide all migratory students with the opportunity to meet the same State academic standards that all 

children are expected to meet; 

‘‘(3) a description of how the State will use funds received under this subpart 

to promote interstate and intrastate coordination of services for migratory children, including how the State will provide for educational continuity through 

the timely transfer of pertinent school records, including information on health, 

when children move from one school to another, whether or not such a move 

occurs during the regular school year; 

‘‘(4) a description of the State’s priorities for the use of funds received under 

this subpart, and how such priorities relate to the State’s assessment of needs 

for services in the State; 

‘‘(5) a description of how the State will determine the amount of any subgrants the State will award to local operating agencies, taking into account the 

numbers and needs of migratory children, the requirements of subsection (d), 

and the availability of funds from other Federal, State, and local programs; and 

‘‘(6) a description of how the State will encourage programs and projects assisted under this subpart to offer family literacy services if the programs and 

projects serve a substantial number of migratory children whose parents do not 

have a regular high school diploma or its recognized equivalent or who have low 

levels of literacy. 

‘‘(c) ASSURANCES.—Each such application shall also include assurances that— 

‘‘(1) funds received under this subpart will be used only— 

‘‘(A) for programs and projects, including the acquisition of equipment, in 

accordance with section 1136; and 

‘‘(B) to coordinate such programs and projects with similar programs and 

projects within the State and in other States, as well as with other Federal 

programs that can benefit migratory children and their families; 

‘‘(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 part C; 

‘‘(3) in the planning and operation of programs and projects at both the State 

and local agency operating level, there is consultation with parents of migratory 

children for programs of not less than one school year in duration, and that all 

such programs and projects are carried out— 

‘‘(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 

‘‘(B) 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; 

‘‘(5) the effectiveness of such programs and projects will be determined, where 

feasible, using the same approaches and standards that will be used to assess 

the performance of students, schools, and local educational agencies under subpart 1; 


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‘‘(6) to the extent feasible, such programs and projects will provide for— 

‘‘(A) advocacy and outreach activities for migratory children and their 

families, including informing such children and families of, or helping such 

children and families gain access to, other education, health, nutrition, and 

social services; 

‘‘(B) professional development programs, including mentoring, for teachers and other program personnel; 

‘‘(C) high-quality, evidence-based family literacy programs; 

‘‘(D) the integration of information technology into educational and related programs; and 

‘‘(E) programs to facilitate the transition of secondary school students to 

postsecondary education or employment without the need for remediation; 

and 

‘‘(7) the State will assist the Secretary in determining the number of migratory children under paragraph (1) of section 1133(a). 

‘‘(d) PRIORITY FOR SERVICES.—In providing services with funds received under this 

subpart, each recipient of such funds shall give priority to migratory children who 

are failing, or most at risk of failing, to meet the State’s academic standards under 

section 1111 (b)(1) . 

‘‘(e) CONTINUATION OF SERVICES.—Notwithstanding any other provision of this 

subpart— 

‘‘(1) a child who ceases to be a migratory child during a school term shall be 

eligible for services until the end of such term; 

‘‘(2) a child who is no longer a migratory child may continue to receive services for one additional school year, but only if comparable services are not available through other programs; and 

‘‘(3) secondary school students who were eligible for services in secondary 

school may continue to be served through credit accrual programs until graduation. 

‘‘SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW. 

‘‘The Secretary shall approve each State application that meets the requirements 

of this subpart, and may review any such application using a peer review process. 

‘‘SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN; AUTHORIZED ACTIVITIES. 

‘‘(a) COMPREHENSIVE PLAN.— 

‘‘(1) IN GENERAL.—Each State that receives assistance under this subpart 

shall ensure that the State and its local operating agencies identify and address 

the unique educational needs of migratory children in accordance with a comprehensive State plan that— 

‘‘(A) is integrated with other programs under this Act or other Acts, as 

appropriate; 

‘‘(B) may be submitted as a part of a consolidated application under section 5302, if— 

‘‘(i) the unique needs of migratory children are specifically addressed 

in the comprehensive State plan; 

‘‘(ii) the comprehensive State plan is developed in collaboration with 

parents of migratory children; and 

‘‘(iii) the comprehensive State plan is not used to supplant State efforts regarding, or administrative funding for, this subpart; 

‘‘(C) provides that migratory children will have an opportunity to meet 

the same State academic standards under section 1111(b)(1) that all children are expected to meet; 

‘‘(D) specifies measurable program goals and outcomes; 

‘‘(E) encompasses the full range of services that are available for migratory children from appropriate local, State, and Federal educational programs; 

‘‘(F) is the product of joint planning among such local, State, and Federal 

programs, including programs under subpart 1, early childhood programs, 

and language instruction educational programs under chapter A of subpart 

4; and 

‘‘(G) provides for the integration of services available under this subpart 

with services provided by such other programs. 

‘‘(2) DURATION OF THE PLAN.—Each such comprehensive State plan shall— 

‘‘(A) remain in effect for the duration of the State’s participation under 

this subpart; and 

‘‘(B) be periodically reviewed and revised by the State, as necessary, to 

reflect changes in the State’s strategies and programs under this subpart. 

‘‘(b) AUTHORIZED ACTIVITIES.— 


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‘‘(1) FLEXIBILITY.—In implementing the comprehensive plan described in subsection (a), each State educational agency, where applicable through its local 

educational agencies, shall have the flexibility to determine the activities to be 

provided with funds made available under this subpart, 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. 

‘‘(2) UNADDRESSED NEEDS.—Funds provided under this subpart 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 subpart 1 may receive those 

services through funds provided under that subpart, or through funds under 

this subpart that remain after the agency addresses the needs described in 

paragraph (1). 

‘‘(3) CONSTRUCTION.—Nothing in this subpart shall be construed to prohibit 

a local educational agency from serving migratory children simultaneously with 

students with similar educational needs in the same educational settings, where 

appropriate. 

‘‘SEC. 1137. BYPASS. 

‘‘The Secretary may use all or part of any State’s allocation under this subpart 

to make arrangements with any public or private agency to carry out the purpose 

of this subpart in such State if the Secretary determines that— 

‘‘(1) the State is unable or unwilling to conduct educational programs for migratory children; 

‘‘(2) such arrangements would result in more efficient and economic administration of such programs; or 

‘‘(3) such arrangements would add substantially to the educational achievement of such children. 

‘‘SEC. 1138. COORDINATION OF MIGRATORY EDUCATION 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 

entities to 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 students. 

‘‘(2) DURATION.—Grants or contracts under this subsection may be awarded 

for not more than 5 years. 

‘‘(b) STUDENT RECORDS.— ‘‘(1) ASSISTANCE.—The Secretary shall assist States in developing and maintaining an effective system for the electronic transfer of student records and in 

determining the number of migratory children in each State. 

‘‘(2) INFORMATION SYSTEM.— 

‘‘(A) IN GENERAL.—The Secretary, in consultation with the States, shall 

ensure the linkage of migratory 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 this Act. The 

Secretary shall determine the minimum data elements that each State receiving funds under this subpart shall collect and maintain. Such minimum 

data elements may include— 

‘‘(i) immunization records and other health information; 

‘‘(ii) elementary and secondary academic history (including partial 

credit), credit accrual, and results from State assessments required 

under section 1111(b)(2); 

‘‘(iii) other academic information essential to ensuring that migratory 

children achieve to the States’s academic standards; and 

‘‘(iv) eligibility for services under the Individuals with Disabilities 

Education Act. 

‘‘(B) The Secretary shall consult with States before updating the data elements that each State receiving funds under this subpart 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. 

‘‘(3) NO COST FOR CERTAIN TRANSFERS.—A State educational agency or local 

educational agency receiving assistance under this subpart shall make student 


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records available to another State educational agency or local educational agency that requests the records at no cost to the requesting agency, if the request 

is made in order to meet the needs of a migratory child. 

‘‘(4) REPORT TO CONGRESS.— 

‘‘(A) IN GENERAL.—Not later than April 30, 2013, the Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the 

Senate and the Committee on Education and the Workforce of the House 

of Representatives 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 maintaining such systems; and 

‘‘(iii) recommendations for improving the continuity of services provided for migratory students. 

‘‘(c) AVAILABILITY OF FUNDS.—The Secretary shall reserve not more than 

$10,000,000 of the amount reserved under section 1132 to carry out this section for 

each fiscal year. 

‘‘(d) DATA COLLECTION.—The Secretary shall direct the National Center for Education Statistics to collect data on migratory children. 

‘‘SEC. 1139. DEFINITIONS. 

‘‘As used in this subpart: 

‘‘(1) 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 subpart; 

‘‘(B) a public or private agency with which a State educational agency or 

the Secretary makes an arrangement to carry out a project under this subpart; or 

‘‘(C) a State educational agency, if the State educational agency operates 

the State’s migratory education program or projects directly. 

‘‘(2) 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— 

‘‘(A) has moved from one school district to another; 

‘‘(B) in a State that is comprised of a single school district, has moved 

from one administrative area to another within such district; or 

‘‘(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. 

‘‘Subpart 3—Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or AtRisk 

‘‘SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION. 

‘‘(a) PURPOSE.—It is the purpose of this subpart— 

‘‘(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 State academic standards 

that all children in the State are expected to meet; 

‘‘(2) to provide such children and youth with the services needed to make a 

successful transition from institutionalization to further schooling or employment; and 

‘‘(3) to 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. 

‘‘(b) PROGRAM AUTHORIZED.—From amounts appropriated under section 3(a)(1), 

the Secretary shall reserve 0.3 of one percent to carry out this subpart. 

‘‘(c) GRANTS AWARDED.—From the amounts reserved under subsection (b) and not 

reserved under section 1004 and section 1159, the Secretary shall make grants to 

State educational agencies that have plans submitted under section 1154 approved 

to enable such agencies to award subgrants to State agencies and local educational 


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agencies to establish or improve programs of education for neglected, delinquent, or 

at-risk children and youth. 

‘‘SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUBPART. 

‘‘(a) AGENCY SUBGRANTS.—Based on the allocation amount computed under section 1152, the Secretary shall allocate to each State educational agency an amount 

necessary to make subgrants to State agencies under chapter A. 

‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, for the purpose of carrying out 

chapter B, funds generated throughout the State under subpart 1 of this part based 

on children and youth residing in local correctional facilities, or attending community day programs for delinquent children and youth. 

‘‘CHAPTER A—STATE AGENCY PROGRAMS 

‘‘SEC. 1151. ELIGIBILITY. 

‘‘A State agency is eligible for assistance under this chapter if such State agency 

is responsible for providing free public education for children and youth— 

‘‘(1) in institutions for neglected or delinquent children and youth; 

‘‘(2) attending community day programs for neglected or delinquent children 

and youth; or 

‘‘(3) in adult correctional institutions. 

‘‘SEC. 1152. ALLOCATION OF FUNDS. 

‘‘(a) SUBGRANTS TO STATE AGENCIES.— 

‘‘(1) IN GENERAL.—Each State agency described in section 1151 (other than an 

agency in the Commonwealth of Puerto Rico) is eligible to receive a subgrant 

under this chapter, for each fiscal year, in an amount equal to the product of— 

‘‘(A) the number of neglected or delinquent children and youth described 

in section 1151 who— 

‘‘(i) are enrolled for at least 15 hours per week in education programs 

in adult correctional institutions; and 

‘‘(ii) are enrolled for at least 20 hours per week— 

‘‘(I) in education programs in institutions for neglected or delinquent children and youth; or 

‘‘(II) in community day programs for neglected or delinquent children and youth; and 

‘‘(B) 40 percent of the average per-pupil expenditure in the State, except 

that the amount determined under this subparagraph shall not be less than 

32 percent, nor more than 48 percent, of the average per-pupil expenditure 

in the United States. 

‘‘(2) SPECIAL RULE.—The number of neglected or delinquent children and 

youth determined under paragraph (1) shall— 

‘‘(A) be determined by the State agency by a deadline set by the Secretary, except that no State agency shall be required to determine the number of such children and youth on a specific date set by the Secretary; and 

‘‘(B) be adjusted, as the Secretary determines is appropriate, to reflect the 

relative length of such agency’s annual programs. 

‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO RICO.— 

‘‘(1) IN GENERAL.—For each fiscal year, the amount of the subgrant which a 

State agency in the Commonwealth of Puerto Rico shall be eligible to receive 

under this chapter shall be the amount determined by multiplying the number 

of children counted under subsection (a)(1)(A) for the Commonwealth of Puerto 

Rico by the product of— 

‘‘(A) the percentage which 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; and 

‘‘(B) 32 percent of the average per-pupil expenditure in the United States. 

‘‘(2) MINIMUM PERCENTAGE.—The percentage in paragraph (1)(A) shall not be 

less than 85 percent. 

‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT APPROPRIATIONS.—If the 

amount reserved for any fiscal year for subgrants under subsections (a) and (b) is 

insufficient to pay the full amount for which all State agencies are eligible under 

such subsections, the Secretary shall ratably reduce each such amount. 

‘‘SEC. 1153. STATE REALLOCATION OF FUNDS. 

‘‘If a State educational agency determines that a State agency does not need the 

full amount of the subgrant for which such State agency is eligible under this chapter for any fiscal year, the State educational agency may reallocate the amount that 

will not be needed to other eligible State agencies that need additional funds to 


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carry out the purpose of this chapter, in such amounts as the State educational 

agency shall determine. 

‘‘SEC. 1154. STATE PLAN AND STATE AGENCY APPLICATIONS. 

‘‘(a) STATE PLAN.— 

‘‘(1) IN GENERAL.—Each State educational agency that desires to receive a 

grant under this chapter shall submit, for approval by the Secretary, a plan— 

‘‘(A) for meeting the educational needs of neglected, delinquent, and atrisk children and youth; 

‘‘(B) for assisting in the transition of children and youth from correctional 

facilities to locally operated programs; and 

‘‘(C) that is integrated with other programs under this Act or other Acts, 

as appropriate. 

‘‘(2) CONTENTS.—Each such State plan shall— 

‘‘(A) describe how the State will assess the effectiveness of the program 

in improving the academic, career, and technical skills 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; 

‘‘(C) describe how the State will place a priority for such children to obtain a regular high school diploma, to the extent feasible; and 

‘‘(D) contain an assurance that the State educational agency will— 

‘‘(i) ensure that programs assisted under this chapter will be carried 

out in accordance with the State plan described in this subsection; 

‘‘(ii) carry out the evaluation requirements of section 1171; and 

‘‘(iii) ensure that the State agencies receiving subgrants under this 

chapter comply with all applicable statutory and regulatory requirements. 

‘‘(3) DURATION OF THE PLAN.—Each such State plan shall— 

‘‘(A) remain in effect for the duration of the State’s participation under 

this chapter; and 

‘‘(B) be periodically reviewed and revised by the State, as necessary, to 

reflect changes in the State’s strategies and programs under this chapter. 

‘‘(b) SECRETARIAL APPROVAL AND PEER REVIEW.— 

‘‘(1) SECRETARIAL APPROVAL.—The Secretary shall approve each State plan 

that meets the requirements of this chapter. 

‘‘(2) PEER REVIEW.—The Secretary may review any State plan with the assistance and advice of individuals with relevant expertise. 

‘‘(c) STATE AGENCY APPLICATIONS.—Any State agency that desires to receive funds 

to carry out a program under this chapter shall submit an application to the State 

educational agency that— 

‘‘(1) describes the procedures to be used, consistent with the State plan under 

section 1111, to assess the educational needs of the children to be served under 

this chapter; 

‘‘(2) provide an assurance that in making services available to children and 

youth in adult correctional institutions, priority will be given to such children 

and youth who are likely to complete incarceration within a 2-year period; 

‘‘(3) describes the program, including a budget for the first year of the program, with annual updates to be provided to the State educational agency; 

‘‘(4) describes how the program will meet the goals and objectives of the State 

plan; 

‘‘(5) describes how the State agency will consult with experts and provide the 

necessary training for appropriate staff, to ensure that the planning and operation of institution-wide projects under section 1156 are of high quality; 

‘‘(6) 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, career and technical education programs, State and local dropout prevention programs, and special education programs; 

‘‘(7) describes how the State agency will encourage correctional facilities receiving funds under this chapter 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; 

‘‘(8) describes how appropriate professional development will be provided to 

teachers and other staff; 

‘‘(9) designates an individual in each affected correctional facility or institution for neglected or delinquent children and youth to be responsible for issues 


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relating to the transition of such children and youth from such facility or institution to locally operated programs; 

‘‘(10) describes how the State agency will endeavor to coordinate with businesses for training and mentoring for participating children and youth; 

‘‘(11) provides an assurance that the State agency will assist in locating alternative programs through which students can continue their education if the students are not returning to school after leaving the correctional facility or institution for neglected or delinquent children and youth; 

‘‘(12) provides assurances that the State agency will work with parents to secure parents’ assistance in improving the educational achievement of their children and youth, and preventing their children’s and youth’s further involvement 

in delinquent activities; 

‘‘(13) provides an assurance that the State agency will work with children and 

youth with disabilities in order to meet an existing individualized education 

program and an assurance that the agency will notify the child’s or youth’s local 

school if the child or youth— 

‘‘(A) is identified as in need of special education services while the child 

or youth is in the correctional facility or institution for neglected or delinquent children and youth; and 

‘‘(B) intends to return to the local school; 

‘‘(14) 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 regular high school diploma once the 

term of the incarceration is completed, or provide the child or youth with the 

skills necessary to gain employment, continue the education of the child or 

youth, or obtain a regular high school diploma or its recognized equivalent if 

the child or youth does not intend to return to school; 

‘‘(15) provides an assurance that effective 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; 

‘‘(16) describes any additional services to be provided to children and youth, 

such as career counseling, distance education, and assistance in securing student loans and grants; and 

‘‘(17) provides an assurance that the program under this chapter will be coordinated with any programs operated under the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) or other comparable programs, if applicable. 

‘‘SEC. 1155. USE OF FUNDS. 

‘‘(a) USES.— ‘‘(1) IN GENERAL.—A State agency shall use funds received under this chapter 

only for programs and projects that— 

‘‘(A) are consistent with the State plan under section 1154(a); and 

‘‘(B) concentrate on providing participants with the knowledge and skills 

needed to make a successful transition to secondary school completion, career or technical training, further education, or employment without the 

need for remediation. 

‘‘(2) PROGRAMS AND PROJECTS.—Such programs and projects— 

‘‘(A) may include the acquisition of equipment; 

‘‘(B) shall be designed to support educational services that— 

‘‘(i) except for institution-wide projects under section 1156, are provided to children and youth identified by the State agency as failing, 

or most at-risk of failing, to meet the State’s academic standards; and 

‘‘(ii) supplement and improve the quality of the educational services 

provided to such children and youth by the State agency; and 

‘‘(iii) afford such children and youth an opportunity to meet State 

academic standards; and 

‘‘(C) shall be carried out in a manner consistent with section 1120A and 

part C (as applied to programs and projects under this chapter). 

‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program under this chapter that supplements the number of hours of instruction students receive from State and local 

sources shall be considered to comply with the supplement, not supplant the requirement of section 1120A (as applied to this chapter) without regard to the subject 

areas in which instruction is given during those hours. 

‘‘SEC. 1156. INSTITUTION-WIDE PROJECTS. 

‘‘A State agency that provides free public education for children and youth in an 

institution for neglected or delinquent children and youth (other than an adult correctional institution) or attending a community day program for such children and 


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youth may use funds received under this chapter to serve all children in, and upgrade the entire educational effort of, that institution or program if the State agency 

has developed, and the State educational agency has approved, a comprehensive 

plan for that institution or program that— 

‘‘(1) provides for a comprehensive assessment of the educational needs of all 

children and youth in the institution or program serving juveniles; 

‘‘(2) provides for a comprehensive assessment of the educational needs of 

youth aged 20 and younger in adult facilities who are expected to complete incarceration within a 2-year period; 

‘‘(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 State academic standards in order to improve the likelihood that the children and youth 

will complete secondary school, obtain a regular high school diploma or its recognized equivalent, or find employment after leaving the institution; 

‘‘(4) describes the instructional program, 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); 

‘‘(5) specifically describes how such funds will be used; 

‘‘(6) describes the measures and procedures that will be used to assess and 

improve student achievement; 

‘‘(7) describes how the agency has planned, and will implement and evaluate, 

the institution-wide or program-wide project in consultation with personnel providing direct instructional services and support services in institutions or community day programs for neglected or delinquent children and youth, and with 

personnel from the State educational agency; and 

‘‘(8) includes an assurance that the State agency has provided for appropriate 

training for teachers and other instructional and administrative personnel to 

enable such teachers and personnel to carry out the project effectively. 

‘‘SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS. 

‘‘If a State agency operates a program or project under this chapter in which individual children or youth are likely to participate for more than one year, the State 

educational agency may approve the State agency’s application for a subgrant under 

this chapter for a period of not more than 3 years. 

‘‘SEC. 1158. 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 

chapter for any fiscal year to support— 

‘‘(1) projects that facilitate the transition of children and youth from Stateoperated institutions to schools served by local educational agencies; or 

‘‘(2) the successful re-entry of youth offenders, who are age 20 or younger and 

have received a regular high school diploma or its recognized equivalent, into 

postsecondary education, or career and technical training programs, through 

strategies designed to expose the youth to, and prepare the youth for, postsecondary education, or 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; 

‘‘(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, career and technical, and academic counseling; 

‘‘(ii) placement services designed to place the youth in a university, 

college, or junior college program; 

‘‘(iii) information concerning, and assistance in obtaining, available 

student financial aid; 

‘‘(iv) counseling services; and 

‘‘(v) job placement services. 

‘‘(b) CONDUCT OF PROJECTS.—A project supported under this section may be conducted directly by the State agency, or through a contract or other arrangement 

with one or more local educational agencies, other public agencies, or private organizations. 

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to prohibit a school that receives funds under subsection (a) from serving neglected and 

delinquent children and youth simultaneously with students with similar educational needs, in the same educational settings where appropriate. 


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‘‘SEC. 1159. TECHNICAL ASSISTANCE. 

‘‘The Secretary shall reserve not more than 1 percent of the amount reserved 

under section 1141 to provide technical assistance to and support State agency programs assisted under this chapter. 

‘‘CHAPTER B—LOCAL AGENCY PROGRAMS 

‘‘SEC. 1161. PURPOSE. 

‘‘The purpose of this chapter is to support the operation of local educational agency programs that involve collaboration with locally operated correctional facilities— 

‘‘(1) to carry out high quality education programs to prepare children and 

youth for secondary school completion, training, employment, or further education; 

‘‘(2) to provide activities to facilitate the transition of such children and youth 

from the correctional program to further education or employment; and 

‘‘(3) to operate programs in local schools for children and youth returning 

from correctional facilities, and programs which may serve at-risk children and 

youth. 

‘‘SEC. 1162. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES. 

‘‘(a) LOCAL SUBGRANTS.—With funds made available under section 1142(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). 

‘‘(b) SPECIAL RULE.—A local educational agency that serves a school operated by 

a correctional facility is not required to operate a program of support for children 

and youth returning from such school to a school that is not operated by a correctional agency but served by such local educational agency, if more than 30 percent 

of the children and youth attending the school operated by the correctional facility 

will reside outside the boundaries served by the local educational agency after leaving such facility. 

‘‘(c) NOTIFICATION.—A State educational agency shall notify local educational 

agencies within the State of the eligibility of such agencies to receive a subgrant 

under this chapter. 

‘‘(d) TRANSITIONAL AND ACADEMIC SERVICES.—Transitional and supportive programs operated in local educational agencies under this chapter shall be designed 

primarily to meet the transitional and academic needs of students returning to local 

educational agencies or alternative education programs from correctional facilities. 

Services to students at-risk of dropping out of school shall not have a negative impact on meeting the transitional and academic needs of the students returning from 

correctional facilities. 

‘‘SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 

‘‘Each local educational agency desiring assistance under this chapter shall submit an application to the State educational agency that contains such information 

as the State educational agency may require. Each such application shall include— 

‘‘(1) a description of the program to be assisted; 

‘‘(2) a description of formal agreements, regarding the program to be assisted, 

between— 

‘‘(A) the local educational agency; and 

‘‘(B) correctional facilities and alternative school programs serving children and youth involved with the juvenile justice system; 

‘‘(3) as appropriate, a description of how participating schools will coordinate 

with facilities working with delinquent children and youth to ensure that such 

children and youth are participating in an education program comparable to one 

operating in the local school such youth would attend; 

‘‘(4) a description of the program operated by participating schools for children 

and youth returning from correctional facilities and, as appropriate, the types 

of services that such schools will provide such children and youth and other atrisk children and youth; 

‘‘(5) a description of the characteristics (including learning difficulties, substance abuse problems, and other needs) of the children and youth who will be 

returning from correctional facilities and, as appropriate, other at-risk children 

and youth expected to be served by the program, and a description of how the 

school will coordinate existing educational programs to meet the unique educational needs of such children and youth; 

‘‘(6) 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 facilities and at-risk children or youth, including prenatal health 


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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; 

‘‘(7) as appropriate, a description of any partnerships with local businesses to 

develop training, curriculum-based youth entrepreneurship education, and mentoring services for participating students; 

‘‘(8) as appropriate, a description of how the program will involve parents 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; 

‘‘(9) a description of how the program under this chapter will be coordinated 

with other Federal, State, and local programs, such as programs under title I 

of Public Law 105–220 and career and technical education programs serving atrisk children and youth; 

‘‘(10) a description of how the program will be coordinated with programs operated under the Juvenile Justice and Delinquency Prevention Act of 1974 and 

other comparable programs, if applicable; 

‘‘(11) as appropriate, a description of how schools will work with probation officers to assist in meeting the needs of children and youth returning from correctional facilities; 

‘‘(12) 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; and 

‘‘(13) 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 traditional public school program. 

‘‘SEC. 1164. USES OF FUNDS. 

‘‘Funds provided to local educational agencies under this chapter may be used, as 

appropriate, for— 

‘‘(1) programs that serve children and youth returning to local schools from 

correctional facilities, to assist in the transition of such children and youth to 

the school environment and help them remain in school in order to complete 

their education; 

‘‘(2) dropout prevention programs which serve at-risk children and youth; 

‘‘(3) the coordination of health and social services for such individuals if there 

is a likelihood that the provision of such services, including day care, drug and 

alcohol counseling, and mental health services, will improve the likelihood such 

individuals will complete their education; 

‘‘(4) special programs to meet the unique academic needs of participating children and youth, including career and technical education, special education, career counseling, curriculum-based youth entrepreneurship education, and assistance in securing student loans or grants for postsecondary education; and 

‘‘(5) programs providing mentoring and peer mediation. 

‘‘SEC. 1165. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING FUNDS 

UNDER THIS SECTION. 

‘‘Each correctional facility entering into an agreement with a local educational 

agency under section 1163(2) to provide services to children and youth under this 

chapter shall— 

‘‘(1) where feasible, ensure that educational programs in the correctional facility are coordinated with the student’s home school, particularly with respect to 

a student with an individualized education program under part B of the Individuals with Disabilities Education Act; 

‘‘(2) if the child or youth is identified as in need of special education services 

while in the correctional facility, notify the local school of the child or youth of 

such need; 

‘‘(3) where feasible, provide transition assistance to help the child or youth 

stay in school, including coordination of services for the family, counseling, assistance in accessing drug and alcohol abuse prevention programs, tutoring, and 

family counseling; 

‘‘(4) provide support programs that encourage children and youth who have 

dropped out of school to re-enter school and obtain a regular high school diploma once their term at the correctional facility has been completed, or provide 

such children and youth with the skills necessary to gain employment or seek 

a regular high school diploma or its recognized equivalent; 

‘‘(5) work to ensure that the correctional facility is staffed with effective teachers and other qualified staff who are trained to work with children and youth 

with disabilities taking into consideration the unique needs of such children and 

youth; 


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‘‘(6) ensure that educational programs in the correctional facility are related 

to assisting students to meet the States’s academic standards; 

‘‘(7) to the extent possible, use technology to assist in coordinating educational 

programs between the correctional facility and the community school; 

‘‘(8) where feasible, involve parents in efforts to improve the educational 

achievement of their children and prevent the further involvement of such children in delinquent activities; 

‘‘(9) coordinate funds received under this chapter 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 career 

and technical education funds; 

‘‘(10) coordinate programs operated under this chapter with activities funded 

under the Juvenile Justice and Delinquency Prevention Act of 1974 and other 

comparable programs, if applicable; 

‘‘(11) if appropriate, work with local businesses to develop training, curriculum-based youth entrepreneurship education, and mentoring programs for 

children and youth; and 

‘‘(12) 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. 

‘‘SEC. 1166. ACCOUNTABILITY. 

‘‘The State educational agency— 

‘‘(1) may require correctional facilities or institutions for neglected or delinquent children and youth to demonstrate, after receiving assistance under this 

chapter for 3 years, that there has been an increase in the number of children 

and youth returning to school, obtaining a regular high school diploma or its 

recognized equivalent, or obtaining employment after such children and youth 

are released; and 

‘‘(2) may reduce or terminate funding for projects under this chapter if a local 

educational agency does not show progress in the number of children and youth 

obtaining a regular high school diploma or its recognized equivalent. 

‘‘CHAPTER C—GENERAL PROVISIONS 

‘‘SEC. 1171. PROGRAM EVALUATIONS. 

‘‘(a) SCOPE OF EVALUATION.—Each State agency or local educational agency that 

conducts a program under chapters A or B 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; 

‘‘(2) to accrue school credits that meet State requirements for grade promotion 

and high school graduation; 

‘‘(3) to make the transition to a regular program or other education program 

operated by a local educational agency; 

‘‘(4) to complete high school (or high school equivalency requirements) and obtain employment after leaving the correctional facility or institution for neglected or delinquent children and youth; and 

‘‘(5) as appropriate, to participate in postsecondary education and job training 

programs. 

‘‘(b) EXCEPTION.—The disaggregation required under subsection (a) 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. 

‘‘(c) EVALUATION MEASURES.—In conducting each evaluation under subsection (a), 

a State agency or local educational agency shall use multiple and appropriate measures of student progress. 

‘‘(d) EVALUATION RESULTS.—Each State agency and local educational agency 

shall— 

‘‘(1) submit evaluation results to the State educational agency and the Secretary; and 

‘‘(2) use the results of evaluations under this section to plan and improve subsequent programs for participating children and youth. 

‘‘SEC. 1172. DEFINITIONS. 

‘‘In this subpart: 


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‘‘(1) ADULT CORRECTIONAL INSTITUTION.—The term ‘adult correctional institution’ means a facility in which persons (including persons under 21 years of age) 

are confined as a result of a conviction for a criminal offense. 

‘‘(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 

‘‘(B) 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, is an English 

learner, is a gang member, has dropped out of school in the past, or has 

a high absenteeism rate at school. 

‘‘(3) COMMUNITY DAY PROGRAM.—The term ‘community day program’ means a 

regular program of instruction provided by a State agency at a community day 

school operated specifically for neglected or delinquent children and youth. 

‘‘(4) INSTITUTION FOR NEGLECTED OR DELINQUENT CHILDREN AND YOUTH.—The 

term ‘institution for neglected or delinquent children and youth’ means— 

‘‘(A) a public or private residential facility, other than a foster home, that 

is operated for the care of children who have been committed to the institution or voluntarily placed in the institution under applicable State law, due 

to abandonment, neglect, or death of their parents or guardians; or 

‘‘(B) a public or private residential facility for the care of children who 

have been adjudicated to be delinquent or in need of supervision. 

‘‘Subpart 4—English Language Acquisition, Language 

Enhancement, and Academic Achievement 

‘‘SEC. 1181. PURPOSES. 

‘‘The purposes of this subpart are— 

‘‘(1) to help ensure that English learners, including immigrant children and 

youth, attain English proficiency and develop high levels of academic achievement in English; 

‘‘(2) to assist all English learners, including immigrant children and youth, to 

achieve at high levels in the core academic subjects so that those children can 

meet the same State academic standards that all children are expected to meet, 

consistent with section 1111(b)(1); 

‘‘(3) to assist State educational agencies, local educational agencies, and 

schools in establishing, implementing, and sustaining high-quality, flexible, evidence-based language instruction educational programs designed to assist in 

teaching English learners, including immigrant children and youth; 

‘‘(4) to assist State educational agencies and local educational agencies to develop and enhance their capacity to provide high-quality, evidence-based instructional programs designed to prepare English learners, including immigrant 

children and youth, to enter all-English instruction settings; and 

‘‘(5) to promote parental and community participation in language instruction 

educational programs for the parents and communities of English learners. 

‘‘CHAPTER A—GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE 

ACQUISITION AND LANGUAGE ENHANCEMENT 

‘‘SEC. 1191. 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 1192, the Secretary shall reserve 4.4 percent of funds appropriated under section 3(a)(1) to 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 at least 95 percent of the State educational agency’s allotment under subsection (c) for a fiscal year— 

‘‘(A) to award subgrants, from allocations under section 1193, to eligible 

entities to carry out the activities described in section 1194 (other than subsection (e)); and 

‘‘(B) to award subgrants under section 1193(d)(1) to eligible entities that 

are described in that section to carry out the activities described in section 

1194(e). 


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‘‘(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 the following activities: 

‘‘(A) Professional development activities, and other activities, which may 

include assisting personnel in— 

‘‘(i) meeting State and local certification and licensing requirements 

for teaching English learners; and 

‘‘(ii) improving teacher skills in meeting the diverse needs of English 

learners, including in how to implement evidence-based programs and 

curricula on teaching English learners. 

‘‘(B) Planning, evaluation, administration, and interagency coordination 

related to the subgrants referred to in paragraph (1). 

‘‘(C) Providing technical assistance and other forms of assistance to eligible entities that are receiving subgrants from a State educational agency 

under this chapter, including assistance in— 

‘‘(i) identifying and implementing evidence-based language instruction educational programs and curricula for teaching English learners; 

‘‘(ii) helping English learners meet the same State academic standards that all children are expected to meet; 

‘‘(iii) identifying or developing, and implementing, measures of 

English proficiency; and 

‘‘(iv) strengthening and increasing parent, family, and community engagement. 

‘‘(D) Providing recognition, which may include providing financial awards, 

to subgrantees that have significantly improved the achievement and 

progress of English learners in— 

‘‘(i) reaching English language proficiency, based on the State’s 

English language proficiency assessment under section 1111(b)(2)(D); 

and 

‘‘(ii) meeting the State academic standards under section 1111(b)(1). 

‘‘(3) ADMINISTRATIVE EXPENSES.—From the amount reserved under paragraph 

(2), a State educational agency may use not more than 40 percent of such 

amount or $175,000, whichever is greater, for the planning and administrative 

costs of carrying out paragraphs (1) and (2). 

‘‘(c) RESERVATIONS AND ALLOTMENTS.— 

‘‘(1) RESERVATIONS.—From the amount reserved under section 1191(a) for 

each fiscal year, the Secretary shall reserve— 

‘‘(A) 0.5 percent of such amount for payments to outlying areas, to be allotted in accordance with their respective needs for assistance under this 

chapter, as determined by the Secretary, for activities, approved by the Secretary, consistent with this chapter; and 

‘‘(B) 6.5 percent of such amount for national activities under sections 

1211 and 1222, except that not more than $2,000,000 of such amount may 

be reserved for the National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs described in section 

1222. 

‘‘(2) STATE ALLOTMENTS.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), from the 

amount reserved under section 1191(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 

1192(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 such children in all States, as determined by data available 

from the American Community Survey conducted by the Department of 

Commerce or State-reported data; 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 notice and opportunity for a hearing, determines does not satisfy 


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the requirements of this chapter, 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) for each fiscal year, the Secretary shall determine the number of 

English learners in a State and in all States, using the most accurate, up-todate data, which shall be— 

‘‘(A) data from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates; 

‘‘(B) the number of students being assessed for English language proficiency, based on the State’s English language proficiency assessment 

under section 1111(b)(2)(D), which may be multiyear estimates; or 

‘‘(C) a combination of data available under subparagraphs (A) and (B). 

‘‘SEC. 1192. STATE EDUCATIONAL AGENCY PLANS. 

‘‘(a) PLAN REQUIRED.—Each State educational agency desiring a grant under this 

chapter shall submit a plan to the Secretary at such time and in such manner 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 section 1193(d)(1); 

‘‘(2) provide an assurance that— 

‘‘(A) the agency will ensure that eligible entities receiving a subgrant 

under this chapter comply with the requirement in section 1111(b)(2)(B)(x) 

to annually assess in English learners who have been in the United States 

for 3 or more consecutive years; 

‘‘(B) the agency will ensure that eligible entities receiving a subgrant 

under this chapter annually assess the English proficiency of all English 

learners participating in a program funded under this chapter, consistent 

with section 1111(b)(2)(D); 

‘‘(C) in awarding subgrants under section 1193, the agency will address 

the needs of school systems of all sizes and in all geographic areas, including school systems with rural and urban schools; 

‘‘(D) subgrants to eligible entities under section 1193(d)(1) will be of sufficient size and scope to allow such entities to carry out high-quality, evidence-based language instruction educational programs for English learners; 

‘‘(E) the agency will require an eligible entity receiving a subgrant under 

this chapter to use the subgrant in ways that will build such recipient’s capacity to continue to offer high-quality evidence-based language instruction 

educational programs that assist English learners in meeting State academic standards; 

‘‘(F) the agency will monitor the eligible entity receiving a subgrant under 

this chapter for compliance with applicable Federal fiscal requirements; and 

‘‘(G) the plan has been developed in consultation with local educational 

agencies, teachers, administrators of programs implemented under this 

chapter, parents, and other relevant stakeholders; 

‘‘(3) describe how the agency will coordinate its programs and activities under 

this chapter with other programs and activities under this Act and other Acts, 

as appropriate; 

‘‘(4) describe how eligible entities in the State will be given the flexibility to 

teach English learners— 

‘‘(A) using a high-quality, evidence-based language instruction curriculum 

for teaching English learners; and 

‘‘(B) in the manner the eligible entities determine to be the most effective; 

and 

‘‘(5) describe how the agency will assist eligible entities in increasing the 

number of English learners who acquire English proficiency. 

‘‘(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. 

‘‘(d) DURATION OF PLAN.— 

‘‘(1) IN GENERAL.—Each plan submitted by a State educational agency and approved under subsection (c) shall— 

‘‘(A) remain in effect for the duration of the agency’s participation under 

this chapter; and 


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‘‘(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 subpart. 

‘‘(2) ADDITIONAL INFORMATION.— ‘‘(A) AMENDMENTS.—If the State educational agency amends the plan, the 

agency shall submit such amendment to the Secretary. 

‘‘(B) APPROVAL.—The Secretary shall approve such 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 subpart. 

‘‘(e) CONSOLIDATED PLAN.—A plan submitted under subsection (a) may be submitted as part of a consolidated plan under section 5302. 

‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall provide technical assistance, if 

requested, in the development of English proficiency standards and assessments. 

‘‘SEC. 1193. WITHIN-STATE ALLOCATIONS. 

‘‘(a) IN GENERAL.—After making the reservation required under subsection (d)(1), 

each State educational agency receiving a grant under section 1191(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 1195 an amount that bears the 

same relationship to the amount received under the grant and remaining after making such reservation as the population of English learners in schools served by the 

eligible entity bears to the population of English learners in schools served by all 

eligible entities in the State. 

‘‘(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 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. 

‘‘(d) REQUIRED RESERVATION.—A State educational agency receiving a grant under 

this chapter for a fiscal year— 

‘‘(1) shall reserve not more than 15 percent of the agency’s allotment under 

section 1191(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, 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 equally consider eligible entities that satisfy the requirement 

of such paragraph but have limited or no experience in serving immigrant 

children and youth; and 

‘‘(B) shall consider the quality of each local plan under section 1195 and 

ensure that each subgrant is of sufficient size and scope to meet the purposes of this subpart. 

‘‘SEC. 1194. 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 chapter only if 

the entity agrees to expend the funds to improve the education of English learners, 

by assisting the children to learn English and meet State academic standards. In 

carrying out activities with such funds, the eligible entity shall use evidence-based 

approaches and methodologies for teaching English learners and immigrant children 

and youth for the following purposes: 

‘‘(1) Developing and implementing new language instruction educational programs and academic content instruction programs for English learners and immigrant children and youth, including programs of early childhood education, 

elementary school programs, and secondary school programs. 

‘‘(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, schoolwide programs for restructuring, reforming, and upgrading all relevant programs, activities, and opVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00044 Fmt 6659 Sfmt 6621 E:\HR\OC\HR458.XXX HR458

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erations 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 1193(a) for a fiscal year shall use not more than 2 percent of such funds for 

the cost of administering this chapter. 

‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligible entity receiving funds under 

section 1193(a) shall use the funds— 

‘‘(1) to increase the English language proficiency of English learners by providing high-quality, evidence-based language instruction educational programs 

that meet the needs of English learners and have demonstrated success in increasing— 

‘‘(A) English language proficiency; and 

‘‘(B) student academic achievement in the core academic subjects; 

‘‘(2) to provide high-quality, evidence-based professional development to classroom teachers (including teachers in classroom settings that are not the settings 

of language instruction educational programs), school leaders, administrators, 

and other school or community-based organization personnel, that is— 

‘‘(A) designed to improve the instruction and assessment of English learners; 

‘‘(B) designed to enhance the ability of teachers and school leaders to understand and implement curricula, assessment practices and measures, and 

instruction strategies for English learners; 

‘‘(C) evidence-based in increasing children’s English language proficiency 

or substantially increasing the subject matter knowledge, teaching knowledge, and teaching skills of teachers; and 

‘‘(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, as appropriate; and 

‘‘(3) to provide and implement other evidence-based activities and strategies 

that enhance or supplement language instruction educational programs for 

English learners, including parental and community engagement activities and 

strategies that serve to coordinate and align related programs. 

‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Subject to subsection (c), an eligible 

entity receiving funds under section 1193(a) may use the funds to achieve one of 

the purposes described in subsection (a) by undertaking one or more of the following 

activities: 

‘‘(1) Upgrading program objectives and effective instruction strategies. 

‘‘(2) Improving the instruction program for English learners by identifying, acquiring, and upgrading curricula, instruction materials, educational software, 

and assessment procedures. 

‘‘(3) Providing to English learners— 

‘‘(A) tutorials and academic or career education for English learners; and 

‘‘(B) intensified instruction. 

‘‘(4) Developing and implementing elementary school or secondary school language instruction educational programs that are coordinated with other relevant programs and services. 

‘‘(5) Improving the English language proficiency and academic achievement of 

English learners. 

‘‘(6) Providing community participation programs, family literacy services, and 

parent outreach and training activities to English learners and their families— 

‘‘(A) to improve the English language skills of English learners; and 

‘‘(B) to assist parents in helping their children to improve their academic 

achievement and becoming active participants in the education of their children. 

‘‘(7) Improving the instruction of English learners by providing for— 

‘‘(A) the acquisition or development of educational technology or instructional materials; 

‘‘(B) access to, and participation in, electronic networks for materials, 

training, and communication; and 


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‘‘(C) incorporation of the resources described in subparagraphs (A) and 

(B) into curricula and programs, such as those funded under this chapter. 

‘‘(8) Carrying out other activities that are consistent with the purposes of this 

section. 

‘‘(e) ACTIVITIES BY AGENCIES EXPERIENCING SUBSTANTIAL INCREASES IN IMMIGRANT CHILDREN AND YOUTH.— 

‘‘(1) IN GENERAL.—An eligible entity receiving funds under section 1193(d)(1) 

shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth, which may include— 

‘‘(A) family literacy, parent outreach, and training activities designed to 

assist parents to become active participants in the education of their children; 

‘‘(B) support for personnel, including paraprofessionals who have been 

specifically trained, or are being trained, to provide services to immigrant 

children and youth; 

‘‘(C) provision of tutorials, mentoring, and academic or career counseling 

for immigrant children and youth; 

‘‘(D) identification, development, and acquisition of curricular materials, 

educational software, and technologies to be used in the program carried 

out with awarded funds; 

‘‘(E) basic instruction 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, costs of transportation, or such other costs as are directly attributable 

to such additional basic instruction services; 

‘‘(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 

‘‘(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. 

‘‘(2) DURATION OF SUBGRANTS.—The duration of a subgrant made by a State 

educational agency under section 1193(d)(1) shall be determined by the agency 

in its discretion. 

‘‘(f) SELECTION OF METHOD OF INSTRUCTION.— 

‘‘(1) IN GENERAL.—To receive a subgrant from a State educational agency 

under this chapter, 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 English learners to attain English language proficiency and meet 

State academic standards. 

‘‘(2) CONSISTENCY.—Such selection shall be consistent with sections 1204 

through 1206. 

‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds made available under this chapter 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. 1195. LOCAL PLANS. 

‘‘(a) PLAN REQUIRED.—Each eligible entity desiring a subgrant from the State educational agency under section 1193 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) shall— 

‘‘(1) describe the evidence-based programs and activities proposed to be developed, implemented, and administered under the subgrant that will help English 

learners increase their English language proficiency and meet the State academic standards; 

‘‘(2) describe how the eligible entity will hold elementary schools and secondary schools receiving funds under this chapter accountable for annually assessing the English language proficiency of all children participating under this 

subpart, consistent with section 1111(b); 

‘‘(3) describe how the eligible entity will promote parent and community engagement in the education of English learners; 

‘‘(4) contain an assurance that the eligible entity consulted with teachers, researchers, school administrators, parents and community members, public or 


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private organizations, and institutions of higher education, in developing and 

implementing such plan; 

‘‘(5) describe how language instruction educational programs carried out 

under the subgrant will ensure that English learners being served by the programs develop English language proficiency; and 

‘‘(6) contain assurances that— 

‘‘(A) each local educational agency that is included in the eligible entity 

is complying with section 1112(g) prior to, and throughout, each school 

year; and 

‘‘(B) the eligible entity is not in violation of any State law, including State 

constitutional law, regarding the education of English learners, consistent 

with sections 1205 and 1206. 

‘‘(c) TEACHER ENGLISH FLUENCY.—Each eligible entity receiving a subgrant under 

section 1193 shall include in its plan a certification that all teachers in any language instruction educational program for English learners that is, or will be, funded under this subpart are fluent in English and any other language used for instruction, including having written and oral communications skills. 

‘‘CHAPTER B—ADMINISTRATION 

‘‘SEC. 1201. REPORTING. 

‘‘(a) IN GENERAL.—Each eligible entity that receives a subgrant from a State educational agency under chapter A shall provide such agency, at the conclusion of 

every second fiscal year during which the subgrant is received, with a report, in a 

form prescribed by the agency, on the activities conducted and students served 

under this subpart that includes— 

‘‘(1) a description of the programs and activities conducted by the entity with 

funds received under chapter A during the two immediately preceding fiscal 

years, including how such programs and activities supplemented programs 

funded primarily with State or local funds; 

‘‘(2) a description of the progress made by English learners in learning the 

English language and in meeting State academic standards; 

‘‘(3) the number and percentage of English learners in the programs and activities attaining English language proficiency based on the State English language proficiency standards established under section 1111(b)(1)(E) by the end 

of each school year, as determined by the State’s English language proficiency 

assessment under section 1111(b)(2)(D); 

‘‘(4) the number of English learners who exit the language instruction educational programs based on their attainment of English language proficiency 

and transitioned to classrooms not tailored for English learners; 

‘‘(5) a description of the progress made by English learners in meeting the 

State academic standards for each of the 2 years after such children are no 

longer receiving services under this subpart; 

‘‘(6) the number and percentage of English learners who have not attained 

English language proficiency within five years of initial classification as an 

English learner and first enrollment in the local educational agency; and 

‘‘(7) any such other information as the State educational agency may require. 

‘‘(b) USE OF REPORT.—A report provided by an eligible entity under subsection (a) 

shall be used by the entity and the State educational agency— 

‘‘(1) to determine the effectiveness of programs and activities in assisting children who are English learners— 

‘‘(A) to attain English language proficiency; and 

‘‘(B) to make progress in meeting State academic standards under section 

1111(b)(1); and 

‘‘(2) upon determining the effectiveness of programs and activities based on 

the criteria in paragraph (1), to decide how to improve programs. 

‘‘SEC. 1202. ANNUAL REPORT. 

‘‘(a) STATES.—Based upon the reports provided to a State educational agency 

under section 1201, each such agency that receives a grant under this subpart shall 

prepare and submit annually to the Secretary a report on programs and activities 

carried out by the State educational agency under this subpart and the effectiveness 

of such programs and activities in improving the education provided to English 

learners. 

‘‘(b) SECRETARY.—Annually, 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— 

‘‘(1) on programs and activities carried out to serve English learners under 

this subpart, and the effectiveness of such programs and activities in improving 

the academic achievement and English language proficiency of English learners; 


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‘‘(2) on the types of language instruction educational programs used by local 

educational agencies or eligible entities receiving funding under this subpart to 

teach English learners; 

‘‘(3) containing a critical synthesis of data reported by eligible entities to 

States under section 1201(a); 

‘‘(4) containing a description of technical assistance and other assistance provided by State educational agencies under section 1191(b)(2)(C); 

‘‘(5) containing an estimate of the number of effective 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) 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; 

‘‘(7) containing the number of English learners served by eligible entities receiving funding under this subpart who were transitioned out of language instruction educational programs funded under this subpart into classrooms 

where instruction is not tailored for English learners; and 

‘‘(8) containing other information gathered from other reports submitted to 

the Secretary under this subpart when applicable. 

‘‘SEC. 1203. 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. 1204. RULES OF CONSTRUCTION. 

‘‘Nothing in this subpart 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; or 

‘‘(3) to limit the preservation or use of Native American languages. 

‘‘SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW. 

‘‘Nothing in this subpart 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. 1206. CIVIL RIGHTS. 

‘‘Nothing in this subpart shall be construed in a manner inconsistent with any 

Federal law guaranteeing a civil right. 

‘‘SEC. 1207. PROHIBITION. 

‘‘In carrying out this subpart, the Secretary shall neither mandate nor preclude 

the use of a particular curricular or pedagogical approach to educating English 

learners. 

‘‘SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO. 

‘‘Notwithstanding any other provision of this subpart, 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. 

‘‘CHAPTER C—NATIONAL ACTIVITIES 

‘‘SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT. 

‘‘The Secretary shall use funds made available under section 1191(c)(1)(B) to 

award grants on a competitive basis, for a period of not more than 5 years, to institutions of higher education or public or private organizations with relevant experience and capacity (in consortia with State educational agencies or local educational 

agencies) to provide for professional development activities that will improve classroom instruction for English learners and assist educational personnel working with 

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cation and licensure as teachers who work in language instruction educational programs or serve English learners. Grants awarded under this subsection may be 

used— 

‘‘(1) for preservice, evidence-based 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; 

‘‘(2) for the development of curricula or other instructional strategies appropriate to the needs of the consortia participants involved; 

‘‘(3) to support strategies that strengthen and increase parent and community 

member engagement in the education of English learners; and 

‘‘(4) to share and disseminate evidence-based practices in the instruction of 

English learners and in increasing their student achievement. 

‘‘CHAPTER D—GENERAL PROVISIONS 

‘‘SEC. 1221. DEFINITIONS. 

‘‘Except as otherwise provided, in this subpart: 

‘‘(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. Such term includes 

a Native Hawaiian or Native American Pacific Islander native language educational organization. 

‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— 

‘‘(A) one or more local educational agencies; or 

‘‘(B) one or more local educational agencies, in consortia (or collaboration) 

with an institution of higher education, community-based organization, or 

State educational agency. 

‘‘(4) IMMIGRANT CHILDREN AND YOUTH.—The term ‘immigrant children and 

youth’ means individuals who— 

‘‘(A) are age 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 for more than 3 full academic years. 

‘‘(5) 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. 

‘‘(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 language proficiency, while meeting State academic 

standards, as required by section 1111(b)(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 language proficiency, and may include the participation of English language proficient 

children if such course is designed to enable all participating children to become proficient in English and a second language. 

‘‘(7) 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. 

‘‘(8) NATIVE LANGUAGE.—The term ‘native language’, when used with reference to 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 migratory 

education. 

‘‘(10) STATE.—The term ‘State’ means each of the 50 States, the District of 

Columbia, and the Commonwealth of Puerto Rico. 


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‘‘SEC. 1222. NATIONAL CLEARINGHOUSE. 

‘‘The 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 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 federally funded language instruction educational programs; and 

‘‘(4) collect and disseminate information on— 

‘‘(A) educational research and processes related to the education of 

English learners; and 

‘‘(B) accountability systems that monitor the academic progress of English 

learners in language instruction educational programs, including information on academic content and English language proficiency assessments for 

language instruction educational programs; and 

‘‘(5) publish, on an annual basis, a list of grant recipients under this subpart. 

‘‘SEC. 1223. REGULATIONS. 

‘‘In developing regulations under this subpart, 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. 

‘‘Subpart 5—Rural Education Achievement Program 

‘‘SEC. 1230. PURPOSE. 

‘‘It is the purpose of this subpart to address the unique needs of rural school districts that frequently— 

‘‘(1) lack the personnel and resources needed to compete effectively for Federal competitive grants; and 

‘‘(2) receive formula grant allocations in amounts too small to be effective in 

meeting their intended purposes. 

‘‘CHAPTER A—SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM 

‘‘SEC. 1231. GRANT PROGRAM AUTHORIZED. 

‘‘(a) IN GENERAL.—From amounts appropriated under section 3(a)(1) for a fiscal 

year, the Secretary shall reserve .55 of one percent to award grants to eligible local 

educational agencies to enable the local educational agencies to carry out activities 

authorized under any of the following provisions: 

‘‘(1) Part A of title I. 

‘‘(2) Title II. 

‘‘(3) Title III. 

‘‘(b) ALLOCATION.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (3), the Secretary shall 

award a grant under subsection (a) to a local educational agency eligible under 

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 in subpart 2 of part A of title II for the preceding fiscal year. 

‘‘(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. 

‘‘(3) RATABLE ADJUSTMENT.— 

‘‘(A) IN GENERAL.—If the amount made available to carry out this section 

for any fiscal year is not sufficient to pay in full the amounts that local educational agencies are eligible to receive under paragraph (1) for such year, 

the Secretary shall ratably reduce such amounts for such year. 

‘‘(B) ADDITIONAL AMOUNTS.—If additional funds become available for 

making payments under paragraph (1) for such fiscal year, payments that 

were reduced under subparagraph (A) shall be increased on the same basis 

as such payments were reduced. 


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‘‘(c) DISBURSEMENT.—The Secretary shall disburse the funds awarded to a local 

educational agency under this section for a fiscal year not later than July 1 of that 

fiscal year. 

‘‘(d) ELIGIBILITY.— ‘‘(1) IN GENERAL.—A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) 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; or 

‘‘(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 

‘‘(ii) all of the schools served by the local educational agency are designated with a school locale code of 41, 42, or 43, as determined by the Secretary; or 

‘‘(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). 

‘‘(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. 

‘‘(3) HOLD HARMLESS.—For a local educational agency that is not eligible 

under this chapter but met the eligibility requirements under this subsection 

as it was in effect prior to the date of the enactment of the Student Success 

Act, the agency shall receive— 

‘‘(A) for fiscal year 2013, 75 percent of the amount such agency received 

for fiscal year 2012; 

‘‘(B) for fiscal year 2014, 50 percent of the amount such agency received 

for fiscal year 2012; and 

‘‘(C) for fiscal year 2015, 25 percent of the amount such agency received 

for fiscal year 2012. 

‘‘(e) SPECIAL ELIGIBILITY RULE.—A local educational agency that receives a grant 

under this chapter for a fiscal year is not eligible to receive funds for such fiscal 

year under chapter B. 

‘‘CHAPTER B—RURAL AND LOW-INCOME SCHOOL PROGRAM 

‘‘SEC. 1235. PROGRAM AUTHORIZED. 

‘‘(a) GRANTS TO STATES.— 

‘‘(1) IN GENERAL.—From amounts appropriated under section 3(a)(1) for a fiscal year, the Secretary shall reserve .55 of one percent to for this chapter for 

a fiscal year that are not reserved under subsection (c) to award grants (from 

allotments made under paragraph (2)) for the fiscal year to State educational 

agencies that have applications submitted under section 1237 approved to enable the State educational agencies to award grants to eligible local educational 

agencies for local authorized activities described in section 1236(a). 

‘‘(2) ALLOTMENT.—From amounts described in paragraph (1) for a fiscal year, 

the Secretary shall allot to each State educational agency for that fiscal year 

an amount that bears the same ratio to those amounts as the number of students in average daily attendance served by eligible local educational agencies 

in the State for that fiscal year bears to the number of all such students served 

by eligible local educational agencies in all States for that fiscal year. 

‘‘(3) SPECIALLY QUALIFIED AGENCIES.— 

‘‘(A) ELIGIBILITY AND APPLICATION.—If a State educational agency elects 

not to participate in the program under this subpart or does not have an 

application submitted under section 1237 approved, a specially qualified 

agency in such State desiring a grant under this subpart may submit an 

application under such section directly to the Secretary to receive an award 

under this subpart. 

‘‘(B) DIRECT AWARDS.—The Secretary may award, on a competitive basis 

or by formula, the amount the State educational agency is eligible to receive 

under paragraph (2) directly to a specially qualified agency in the State 

that has submitted an application in accordance with subparagraph (A) and 

obtained approval of the application. 

‘‘(C) SPECIALLY QUALIFIED AGENCY DEFINED.—In this subpart, the term 

‘specially qualified agency’ means an eligible local educational agency 

served by a State educational agency that does not participate in a program 


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under this subpart in a fiscal year, that may apply directly to the Secretary 

for a grant in such year under this subsection. 

‘‘(b) LOCAL AWARDS.— 

‘‘(1) ELIGIBILITY.—A local educational agency shall be eligible to receive a 

grant under this subpart if— 

‘‘(A) 20 percent or more of the children ages 5 through 17 years served 

by the local educational agency are from families with incomes below the 

poverty line; and 

‘‘(B) all of the schools served by the agency are designated with a school 

locale code of 32, 33, 41, 42, 43, as determined by the Secretary. 

‘‘(2) AWARD BASIS.—A State educational agency shall award grants to eligible 

local educational agencies— 

‘‘(A) on a competitive basis; 

‘‘(B) according to a formula based on the number of students in average 

daily attendance served by the eligible local educational agencies or schools 

in the State; or 

‘‘(C) according to an alternative formula, if, prior to awarding the grants, 

the State educational agency demonstrates, to the satisfaction of the Secretary, that the alternative formula enables the State educational agency 

to allot the grant funds in a manner that serves equal or greater concentrations of children from families with incomes below the poverty line, relative 

to the concentrations that would be served if the State educational agency 

used the formula described in subparagraph (B). 

‘‘(c) RESERVATIONS.—From amounts reserved under section 1235(a)(1) for this 

chapter 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 Bureau of Indian Education, to carry out 

the activities authorized under this chapter; and 

‘‘(2) one-half of 1 percent to make awards to the outlying areas in accordance 

with their respective needs, to carry out the activities authorized under this 

chapter. 

‘‘SEC. 1236. USES OF FUNDS. 

‘‘(a) LOCAL AWARDS.—Grant funds awarded to local educational agencies under 

this chapter shall be used for activities authorized under any of the following: 

‘‘(1) Part A of title I. 

‘‘(2) Title II. 

‘‘(3) Title III. 

‘‘(b) ADMINISTRATIVE COSTS.—A State educational agency receiving a grant under 

this chapter may not use more than 5 percent of the amount of the grant for State 

administrative costs and to provide technical assistance to eligible local educational 

agencies. 

‘‘SEC. 1237. APPLICATIONS. 

‘‘(a) IN GENERAL.—Each State educational agency or specially qualified agency desiring to receive a grant under this chapter shall submit an application to the Secretary at such time and in such manner as the Secretary may require. 

‘‘(b) CONTENTS.—Each application submitted under subsection (a) shall include— 

‘‘(1) a description of how the State educational agency or specially qualified 

agency will ensure eligible local educational agencies receiving a grant under 

this chapter will use such funds to help students meet the State academic 

standards under section 1111(b)(1); 

‘‘(2) if the State educational agency or specially qualified agency will competitively award grants to eligible local educational agencies, as described in section 

1235(b)(2)(A), the application under the section shall include— 

‘‘(A) the methods and criteria the State educational agency or specially 

qualified agency will use for reviewing applications and awards funds to 

local educational agencies on a competitive basis; and 

‘‘(B) how the State educational agency or specially qualified agency will 

notify eligible local educational agencies of the grant competition; and 

‘‘(3) a description of how the State educational agency or specially qualified 

agency will provide technical assistance to eligible local educational agencies to 

help such agencies implement the activities described in section 1236(a). 

‘‘SEC. 1238. ACCOUNTABILITY. 

‘‘(a) STATE REPORT.—Each State educational agency or specially qualified agency 

that receives a grant under this chapter shall prepare and submit an annual report 

to the Secretary. The report shall describe— 


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‘‘(1) the methods and criteria the State educational agency or specially qualified agency used to award grants to eligible local educational agencies, and to 

provide assistance to schools, under this chapter; 

‘‘(2) how local educational agencies and schools used funds provided under 

this chapter; and 

‘‘(3) the degree to which progress has been made toward having all students 

meet the State academic standards under section 1111(b)(1). 

‘‘(b) REPORT TO CONGRESS.—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 biennial report. The report shall describe— 

‘‘(1) how State local educational agencies, local educational agencies, and 

schools used funds provided under this chapter; and 

‘‘(2) the degree to which progress has been made toward having all students 

meet the State academic standards under section 1111(b)(1). 

‘‘SEC. 1239. CHOICE OF PARTICIPATION. 

‘‘(a) IN GENERAL.—If a local educational agency is eligible for funding under chapters A and B of this subpart, such local educational agency may receive funds under 

either chapter A or chapter B for a fiscal year, but may not receive funds under 

both chapters. 

‘‘(b) NOTIFICATION.—A local educational agency eligible for both chapters A and 

B of this subpart shall notify the Secretary and the State educational agency under 

which of such chapters such local educational agency intends to receive funds for 

a fiscal year by a date that is established by the Secretary for the notification. 

‘‘CHAPTER C—GENERAL PROVISIONS 

‘‘SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION. 

‘‘(a) CENSUS DETERMINATION.—Each local educational agency desiring a grant 

under section 1231 and each local educational agency or specially qualified agency 

desiring a grant under chapter B 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 under section 1231 or chapter B, then 

the agency shall be fined an amount equal to twice the difference between the 

amount the agency received under this section and the correct amount the agency 

would have received under section 1231 or chapter B if the agency had submitted 

accurate information under subsection (a). 

‘‘SEC. 1242. SUPPLEMENT, NOT SUPPLANT. 

‘‘Funds made available under chapter A or chapter B shall be used to supplement, 

and not supplant, any other Federal, State, or local education funds. 

‘‘SEC. 1243. RULE OF CONSTRUCTION. 

‘‘Nothing in this subpart 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 subpart. 

‘‘Subpart 6—Indian Education 

‘‘SEC. 1251. STATEMENT OF POLICY. 

‘‘It is the policy of the United States to fulfill the Federal Government’s unique 

and continuing trust relationship with and responsibility to the Indian people for 

the education of Indian children. The Federal Government will continue to work 

with local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities toward the goal of ensuring that programs that serve 

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


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‘‘SEC. 1252. 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— 

‘‘(1) to meet the unique educational and culturally related academic needs of 

American Indian and Alaska Native students, so that such students can meet 

the State academic standards that all students are expected to meet; and 

‘‘(2) to ensure that school leaders, teachers, and other staff who serve Indian 

and Alaska Native students have the ability and training to provide appropriate 

instruction to meet the unique academic needs of such students. 

‘‘CHAPTER A—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES 

‘‘SEC. 1261. PURPOSE. 

‘‘It is the purpose of this chapter 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 are designed to— 

‘‘(1) meet the unique educational needs of such students; and 

‘‘(2) ensure that such students have the opportunity to meet the State academic standards. 

‘‘SEC. 1262. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES. 

‘‘(a) IN GENERAL.—From amounts appropriated under section 3(a)(1), the Secretary shall reserve .6 of one percent to local educational agencies and Indian tribes 

in accordance with this section and section 1263. 

‘‘(b) LOCAL EDUCATIONAL AGENCIES.— ‘‘(1) ENROLLMENT REQUIREMENTS.—A local educational agency shall be eligible 

for a grant under this chapter for any fiscal year if the number of Indian children eligible under section 1267 who were enrolled in the schools of the agency, 

and to whom the agency provided free public education, during the preceding 

fiscal year— 

‘‘(A) was at least 10; or 

‘‘(B) constituted not less than 25 percent of the total number of individuals enrolled in the schools of such agency. 

‘‘(2) EXCLUSION.—The requirement of paragraph (1) shall not apply in Alaska, 

California, or Oklahoma, or with respect to any local educational agency located 

on, or in proximity to, an Indian reservation. 

‘‘(c) INDIAN TRIBES.— 

‘‘(1) IN GENERAL.—If a local educational agency that is otherwise eligible for 

a grant under this chapter does not establish a committee under section 

1264(c)(4) for such grant, an Indian tribe or a consortium of such entities that 

represents not less than 1⁄3 of the eligible Indian children who are served by 

such local educational agency may apply for such grant. 

‘‘(2) SPECIAL RULE.—The Secretary shall treat each Indian tribe or consortium 

of such entities applying for a grant pursuant to paragraph (1) as if such Indian 

tribe were a local educational agency for purposes of this chapter, except that 

any such tribe is not subject to section 1264(c)(4) or section 1269. 

‘‘(3) ELIGIBILITY.—If more than 1 Indian tribe qualifies to apply for a grant 

under paragraph (1), the entity that represents the most eligible Indian children who are served by the local educational agency shall be eligible to receive 

the grant or the tribes may choose to apply in consortium. 

‘‘SEC. 1263. AMOUNT OF GRANTS. 

‘‘(a) AMOUNT OF GRANT AWARDS.— 

‘‘(1) IN GENERAL.—Except as provided in subsection (b) and paragraph (2), the 

Secretary shall allocate to each local educational agency that has an approved 

application under this chapter an amount equal to the product of— 

‘‘(A) the number of Indian children who are eligible under section 1267 

and served by such agency; and 

‘‘(B) the greater of— 

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

agency is located; or 

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

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

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

‘‘(b) MINIMUM GRANT.— 

‘‘(1) IN GENERAL.—Notwithstanding subsection (e), an entity that is eligible 

for a grant under section 1262, and a school that is operated or supported by 

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

that submits an application that is approved by the Secretary, shall, subject to 


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appropriations, receive a grant under this chapter in an amount that is not less 

than $3,000. 

‘‘(2) CONSORTIA.—Local educational agencies may form a consortium with 

other local educational agencies or Indian tribes for the purpose of obtaining 

grants under this chapter. 

‘‘(3) INCREASE.—The Secretary may increase the minimum grant under paragraph (1) to not more than $4,000 for all grantees if the Secretary determines 

such an increase is necessary to ensure the quality of the programs provided. 

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

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

agencies in the State, plus any direct current expenditures by the State for the 

operation of such agencies, without regard to the sources of funds from which 

such local or State expenditures were made, during the second fiscal year preceding the fiscal year for which the computation is made; divided by 

‘‘(2) the aggregate number of children who were included in average daily attendance for whom such agencies provided free public education during such 

preceding fiscal year. 

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

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

under subsection (a), the Secretary shall allocate to the Secretary of the Interior 

an amount equal to the product of— 

‘‘(A) the total number of Indian children enrolled in schools that are operated by— 

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

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

an Indian tribal government, for the children of that tribe under a contract with, or grant from, the Department of the Interior under the Indian Self-Determination Act or the Tribally Controlled Schools Act of 

1988; and 

‘‘(B) the greater of— 

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

is located; or 

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

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

receive an allocation under this chapter shall submit an application in accordance with section 1264, and shall otherwise be treated as a local educational 

agency for the purpose of this chapter, except that such school shall not be subject to section 1264(c)(4) or section 1269. 

‘‘(e) RATABLE REDUCTIONS.—If the sums reserved for any fiscal year under section 

1262(a) 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. 1264. APPLICATIONS. 

‘‘(a) APPLICATION REQUIRED.—Each local educational agency that desires to receive a grant under this chapter shall submit an application to the Secretary at such 

time and in such manner as the Secretary may reasonably require. 

‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each application submitted under 

subsection (a) shall include a description of a comprehensive program for meeting 

the needs of Indian children served by the local educational agency, including the 

language and cultural needs of the children, that— 

‘‘(1) describes how the comprehensive program will offer programs and activities to meet the culturally related academic needs of American Indian and Alaska Native students; 

‘‘(2)(A) is aligned with and supports the State and local plans submitted 

under other provisions of this Act; and 

‘‘(B) includes academic standards for such children that are based on the 

State academic standards adopted under subpart 1 for all children; 

‘‘(3) explains how the local educational agency will use the funds made available under this chapter to supplement other Federal, State, and local programs, 

especially programs carried out under subpart 1, to meet the needs of such students; 

‘‘(4) demonstrates how funds made available under this chapter will be used 

for activities described in section 1265; 

‘‘(5) describes the professional development opportunities that will be provided, as needed, to ensure that— 

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

to the Indian community are prepared to work with Indian children; and 


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‘‘(B) all teachers who will be involved in programs assisted under this 

chapter have been properly trained to carry out such programs; and 

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

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

in the schools of the local educational agency, including Indian children who 

do not participate in programs assisted under this chapter, in meeting the 

standards described in paragraph (2); 

‘‘(B) will provide the results of each assessment referred to in subparagraph (A) to— 

‘‘(i) the committee described in subsection (c)(4); and 

‘‘(ii) the community, including 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); and 

‘‘(7) describes the processes the local educational agency used to collaborate 

with Indian tribes in the community in the development of the comprehensive 

programs. 

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

assurances that— 

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

only to supplement the funds that, in the absence of the Federal funds made 

available under this chapter, such agency would make available for the education of Indian children, and not to supplant such funds; 

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

such reports in such form as the Secretary may require to— 

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

‘‘(B) determine the extent to which activities carried out with funds provided to the local educational agency under this chapter are effective in improving the educational achievement of Indian students served by such 

agency; 

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

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

the unique educational and culturally related academic needs of the American Indian and Alaska Native students for whom the local educational 

agency is providing an education; 

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

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

Indian children and teachers, 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; and 

‘‘(4) the local educational agency developed the program with the participation 

and written approval of a committee— 

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

‘‘(i) parents of Indian children in the local educational agency’s 

schools; 

‘‘(ii) teachers in the schools; and 

‘‘(iii) if appropriate, Indian students attending secondary schools of 

the agency; 

‘‘(B) a majority of whose members are parents of Indian children; 

‘‘(C) that has set forth such policies and procedures, including policies and 

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

representatives of the area, to be served; 

‘‘(D) with respect to an application describing a schoolwide program in accordance with section 1265(c), that has— 

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

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

of culturally related activities for American Indian and Alaska Native 

students; and 

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

of the committee and abides by such bylaws. 


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‘‘SEC. 1265. AUTHORIZED SERVICES AND ACTIVITIES. 

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

grant under this chapter shall use the grant funds, in a manner consistent with the 

purpose specified in section 1261, for services and activities that— 

‘‘(1) are designed to carry out the comprehensive program of the local educational agency for Indian students, and described in the application of the local 

educational agency submitted to the Secretary under section 1264(a); 

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

the Indian students; and 

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

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

(a) may include— 

‘‘(1) culturally related activities that support the program described in the application submitted by the local educational agency; 

‘‘(2) early childhood and family programs that emphasize school readiness; 

‘‘(3) enrichment programs that focus on problem solving and cognitive skills 

development and directly support the attainment of State academic standards; 

‘‘(4) integrated educational services in combination with other programs that 

meet the needs of Indian children and their families; 

‘‘(5) programs that help engage parents and tribes to meet the unique educational needs of Indian children; 

‘‘(6) career preparation activities to enable Indian students to participate in 

programs such as the programs supported by the Carl D. Perkins Career and 

Technical Education Act of 2006; 

‘‘(7) activities to educate individuals concerning the prevention of substance 

abuse, violence, and suicide; 

‘‘(8) the acquisition of equipment, but only if the acquisition of the equipment 

is essential to achieve the purpose described in section 1261; 

‘‘(9) activities that promote the incorporation of culturally responsive teaching 

and learning strategies into the educational program of the local educational 

agency; 

‘‘(10) activities that incorporate American Indian and Alaska Native specific 

curriculum content, consistent with State academic standards into the curriculum used by the local educational agency; 

‘‘(11) family literacy services; and 

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

elders and seniors. 

‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any other provision of law, a local 

educational agency may use funds made available to such agency under this chapter 

to support a schoolwide program under section 1114 if— 

‘‘(1) the committee established pursuant to section 1264(c)(4) approves the use 

of the funds for the schoolwide program; and 

‘‘(2) the schoolwide program is consistent with the purpose described in section 1261. 

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

funds provided to a grantee under this chapter for any fiscal year may be used for 

administrative purposes. 

‘‘(e) LIMITATION ON USE OF FUNDS.—Funds provided to a grantee under this chapter may not be used for long-distance travel expenses for training activities available locally or regionally. 

‘‘SEC. 1266. INTEGRATION OF SERVICES AUTHORIZED. 

‘‘(a) PLAN.—An entity receiving funds under this chapter may submit a plan to 

the Secretary for the integration of education and related services provided to Indian students. 

‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the receipt of an acceptable plan under 

subsection (a), the Secretary, in cooperation with each Federal agency providing 

grants for the provision of education and related services to the entity, shall authorize the entity to consolidate, in accordance with such plan, the federally funded education and related services programs of the entity and the Federal programs, or portions of the programs, serving Indian students in a manner that integrates the program services involved into a single, coordinated, comprehensive program and reduces administrative costs by consolidating administrative functions. 

‘‘(c) PROGRAMS AFFECTED.—The funds that may be consolidated in a demonstration project under any such plan referred to in subsection (a) shall include funds 

for any Federal program exclusively serving Indian children, or the funds reserved 

under any Federal program to exclusively serve Indian children, under which the 

entity is eligible for receipt of funds under a statutory or administrative formula for 


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the purposes of providing education and related services that would be used to serve 

Indian students. 

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

the plan shall— 

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

‘‘(2) be consistent with the objectives of this section concerning authorizing 

the services to be integrated in a demonstration project; 

‘‘(3) describe a comprehensive strategy that identifies the full range of potential educational opportunities and related services to be provided to assist Indian students to achieve the objectives set forth in this chapter; 

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

the results expected from the plan; 

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

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

delivery of the services integrated under the plan; 

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

the entity believes need to be waived in order to implement the plan; 

‘‘(8) set forth measures for student academic achievement consistent with 

State academic standards under section 1111(b)(1); and 

‘‘(9) be approved by a committee formed in accordance with section 1264(c)(4), 

if such a committee exists. 

‘‘(e) PLAN REVIEW.—Upon receipt of the plan from an eligible entity, the Secretary 

shall consult with the Secretary of each Federal department providing funds to be 

used to implement the plan, and with the entity submitting the plan. The parties 

so consulting shall identify any waivers of statutory requirements or of Federal departmental regulations, policies, or procedures necessary to enable the entity to implement the plan. Notwithstanding any other provision of law, the Secretary of the 

affected department shall have the authority to waive any regulation, policy, or procedure promulgated by that department that has been so identified by the entity 

or department, unless the Secretary of the affected department determines that 

such a waiver is inconsistent with the objectives of this chapter or those provisions 

of the statute from which the program involved derives authority that are specifically applicable to Indian students. 

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

Secretary, the Secretary shall inform the entity, in writing, of the Secretary’s approval or disapproval of the plan. If the plan is disapproved, the entity shall be informed, in writing, of the reasons for the disapproval and shall be given an opportunity to amend the plan or to petition the Secretary to reconsider such disapproval. 

‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDUCATION.—The Secretary of Education, the Secretary of the Interior, and the head of any other Federal department 

or agency identified by the Secretary of Education, shall enter into an interdepartmental memorandum of agreement providing for the implementation and coordination of the demonstration projects authorized under this section. The lead agency 

head for a demonstration project under this section shall be— 

‘‘(1) the Secretary of the Interior, in the case of an entity meeting the definition of a contract or grant school under title XI of the Education Amendments 

of 1978; or 

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

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

shall include— 

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

project, which shall be used by an eligible entity to report on the activities undertaken under the project; 

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

the individual project which shall be used by an eligible entity to report on all 

project expenditures; 

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

which shall be implemented by the lead agency; and 

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

the project, except that an eligible entity shall have the authority to accept or 

reject the plan for providing such technical assistance and the technical assistance provider. 

‘‘(i) REPORT REQUIREMENTS.—A single report format shall be developed by the Secretary, consistent with the requirements of this section. Such report format shall require that reports described in subsection (h), together with records maintained on 

the consolidated program at the local level, shall contain such information as will 

allow a determination that the eligible entity has complied with the requirements 

incorporated in its approved plan, including making a demonstration of student academic achievement, and will provide assurances to each Secretary that the eligible 


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entity has complied with all directly applicable statutory requirements and with 

those directly applicable regulatory requirements that have not been waived. 

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

available to an eligible entity involved in any demonstration project be reduced as 

a result of the enactment of this section. 

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

take such action as may be necessary to provide for an interagency transfer of funds 

otherwise available to an eligible entity in order to further the objectives of this section. 

‘‘(l) ADMINISTRATION OF FUNDS.— 

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

a specific program are spent on allowable activities authorized under such program, except that the eligible entity shall determine the proportion of the funds 

granted that shall be allocated to such program. 

‘‘(2) SEPARATE RECORDS NOT REQUIRED.—Nothing in this section shall be construed as requiring the eligible entity to maintain separate records tracing any 

services or activities conducted under the approved plan to the individual programs under which funds were authorized for the services or activities, nor 

shall the eligible entity be required to allocate expenditures among such individual programs. 

‘‘(m) OVERAGE.—The eligible entity may commingle all administrative funds from 

the consolidated programs and shall be entitled to the full amount of such funds 

(under each program’s or agency’s regulations). The overage (defined as the difference between the amount of the commingled funds and the actual administrative 

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

‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this part shall be construed so as to 

interfere with the ability of the Secretary or the lead agency to fulfill the responsibilities for the safeguarding of Federal funds pursuant to chapter 75 of title 31, 

United States Code. 

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

‘‘(1) IN GENERAL.—The Secretary of Education shall annually submit a report 

to the Committee on Health, Education, Labor, and Pensions and the Committee on Indian Affairs of the Senate, and the Committee on Education and 

the Workforce and the Committee on Natural Resources of the House of Representatives on the status 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 more effectively integrate their education and related services to Indian students in a manner 

consistent with the objectives of this section; and 

‘‘(B) the effective practices for program integration that result in increased student achievement and other relevant outcomes for Indian students. 

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

‘‘(1) the Secretary of the Interior, in the case of an entity meeting the definition of a contract or grant school under title XI of the Education Amendments 

of 1978; or 

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

‘‘SEC. 1267. STUDENT ELIGIBILITY FORMS. 

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

a grant under this chapter, each applicant shall maintain a file, with respect to each 

Indian child for whom the local educational agency provides a free public education, 

that contains a form that sets forth information establishing the status of the child 

as an Indian child eligible for assistance under this chapter, and that otherwise 

meets the requirements of subsection (b). 

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

‘‘(1) either— 

‘‘(A)(i) the name of the tribe or band of Indians (as defined in section 

1291) with respect to which the child claims membership; 

‘‘(ii) the enrollment number establishing the membership of the child (if 

readily available); and 

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

and accurate membership data for such tribe or band of Indians; or 

‘‘(B) the name, the enrollment 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 


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from whom the child claims eligibility under this chapter, if the child is not 

a member of the tribe or band of Indians (as so defined); 

‘‘(2) a statement of whether the tribe or band of Indians (as so defined), with 

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

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

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

accuracy of the information supplied. 

‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this section shall be construed to affect a definition contained in section 1291. 

‘‘(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– 

1986 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— 

‘‘(1) to establish eligibility under this chapter; and 

‘‘(2) to meet the requirements of subsection (a). 

‘‘(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 

1263, 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. 

‘‘(f) MONITORING AND EVALUATION REVIEW.— 

‘‘(1) IN GENERAL.— 

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

as is necessary to carry out the responsibility of the Secretary to provide 

technical assistance under this chapter, the Secretary shall conduct a monitoring and evaluation review of a sampling of the recipients of grants under 

this chapter. The sampling conducted under this subparagraph shall take 

into account the size of and the geographic location of each local educational 

agency. 

‘‘(B) EXCEPTION.—A local educational agency may not be held liable to the 

United States or be subject to any penalty, by reason of the findings of an 

audit that relates to the date of completion, or the date of submission, of 

any forms used to establish, before April 28, 1988, the eligibility of a child 

for an entitlement under the Indian Elementary and Secondary School Assistance Act. 

‘‘(2) FALSE INFORMATION.—Any local educational agency that provides false information in an application for a grant under this chapter shall— 

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

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

not been expended. 

‘‘(3) EXCLUDED CHILDREN.—A student who provides false information for the 

form required under subsection (a) shall not be counted for the purpose of computing the amount of a grant under section 1263. 

‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—Notwithstanding any other provision of this section, in calculating the amount of a grant under this chapter to a 

tribal school that receives a grant or contract from the Bureau of Indian Education, 

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

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

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

forms that comply with this section. 

‘‘(h) TIMING OF CHILD COUNTS.—For purposes of determining the number of children to be counted in calculating the amount of a local educational agency’s grant 

under this chapter (other than in the case described in subsection (g)(1)), the local 

educational agency shall— 

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

the deadline established by the Secretary for submitting an application under 

section 1264; and 

‘‘(2) determine that each such child was enrolled, and receiving a free public 

education, in a school of the agency on that date or during that period, as the 

case may be. 

‘‘SEC. 1268. PAYMENTS. 

‘‘(a) IN GENERAL.—Subject to subsections (b) and (c), the Secretary shall pay to 

each local educational agency that submits an application that is approved by the 


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Secretary under this chapter the amount determined under section 1263. The Secretary shall notify the local educational agency of the amount of the payment not 

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

‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE STATE.—The Secretary may not 

make a grant under this chapter to a local educational agency for a fiscal year if, 

for such fiscal year, the State in which the local educational agency is located takes 

into consideration payments made under this chapter in determining the eligibility 

of the local educational agency for State aid, or the amount of the State aid, with 

respect to the free public education of children during such fiscal year or the preceding fiscal year. 

‘‘(c) REALLOCATIONS.—The Secretary may reallocate, in a manner that the Secretary determines will best carry out the purpose of this chapter, any amounts 

that— 

‘‘(1) based on estimates made by local educational agencies or other information, the Secretary determines will not be needed by such agencies to carry out 

approved programs under this chapter; or 

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

‘‘SEC. 1269. STATE EDUCATIONAL AGENCY REVIEW. 

‘‘Before submitting an application to the Secretary under section 1264, a local educational agency shall submit the application to the State educational agency, which 

may comment on such application. If the State educational agency comments on the 

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

local educational agencies, with an opportunity to respond. 

‘‘CHAPTER B—SPECIAL PROGRAMS AND PROJECTS TO IMPROVE 

EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN 

‘‘SEC. 1271. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN. 

‘‘(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. 

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

achieve the coordination of activities assisted under this chapter with— 

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

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

and Alaska Native children. 

‘‘(b) ELIGIBLE ENTITIES.—In this section, the term ‘eligible entity’ means a State 

educational agency, local educational agency, Indian tribe, Indian organization, federally supported elementary school or secondary school for Indian students, Indian 

institution (including an Indian institution of higher education), or a consortium of 

such entities. 

‘‘(c) GRANTS AUTHORIZED.— ‘‘(1) IN GENERAL.—From amounts appropriated under section 3(a)(1), the Secretary shall reserve 0.2 of one percent to award grants to eligible entities to enable such entities to carry out activities under this section and section 1272. 

‘‘(2) USES OF FUNDS.—An eligible entity that receives a grant under this section shall use the funds for one or more activities, including— 

‘‘(A) innovative programs related to the educational needs of educationally disadvantaged children; 

‘‘(B) educational services that are not available to such children in sufficient quantity or quality, including remedial instruction, to raise the 

achievement of Indian children in one or more of the core academic subjects 

of English, mathematics, science, foreign languages, art, history, and geography; 

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

‘‘(D) special health and nutrition services, and other related activities, 

that address the special health, social, and psychological problems of Indian 

children; 

‘‘(E) special compensatory and other programs and projects designed to 

assist and encourage Indian children to enter, remain in, or reenter school, 

and to increase the rate of high school graduation for Indian children; 

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

‘‘(G) 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 with disabilities; 

‘‘(H) partnership projects between local educational agencies and institutions of higher education that allow secondary school students to enroll in 


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courses at the postsecondary level to aid such students in the transition 

from secondary to postsecondary education; 

‘‘(I) partnership projects between schools and local businesses for career 

preparation programs designed to provide Indian youth with the knowledge 

and skills such youth need to make an effective transition from school to 

a high-skill, high-wage career; 

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

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

‘‘(K) family literacy services; 

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

tribal elders and seniors; or 

‘‘(M) other services that meet the purpose described in this section. 

‘‘(3) PROFESSIONAL DEVELOPMENT.—Evidence based 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.— 

‘‘(A) IN GENERAL.—The Secretary may make multiyear grants under subsection (c) for the planning, development, pilot operation, or demonstration 

of any activity described in subsection (c) for a period not to exceed 5 years. 

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

the Secretary shall give priority to entities submitting applications that 

present a plan for combining two or more of the activities described in subsection (c) over a period of more than 1 year. 

‘‘(C) PROGRESS.—The Secretary shall make a grant payment for a grant 

described in this paragraph to an eligible entity after the initial year of the 

multiyear grant only if the Secretary determines that the eligible entity has 

made substantial progress in carrying out the activities assisted under the 

grant in accordance with the application submitted under paragraph (3) 

and any subsequent modifications to such application. 

‘‘(2) DISSEMINATION GRANTS.— 

‘‘(A) IN GENERAL.—In addition to awarding the multiyear grants described in paragraph (1), the Secretary may award grants under subsection 

(c) to eligible entities for the dissemination of exemplary materials or programs assisted under this section. 

‘‘(B) DETERMINATION.—The Secretary may award a dissemination grant 

described in this paragraph if, prior to awarding the grant, the Secretary 

determines that the material or program to be disseminated— 

‘‘(i) has been adequately reviewed; 

‘‘(ii) has demonstrated educational merit; and 

‘‘(iii) can be replicated. 

‘‘(3) APPLICATION.— 

‘‘(A) IN GENERAL.—Any eligible entity that desires to receive a grant 

under this section shall submit an application to the Secretary at such time 

and in such manner as the Secretary may reasonably require. 

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

paragraph (2), shall contain— 

‘‘(i) a description of how parents of Indian children and representatives of Indian tribes have been, and will be, involved in developing and 

implementing the activities for which assistance is sought; 

‘‘(ii) assurances that the applicant will participate, at the request of 

the Secretary, in any national evaluation of activities assisted under 

this section; 

‘‘(iii) information demonstrating that the proposed program for the 

activities is an evidence-based program, which may include a program 

that has been modified to be culturally appropriate for students who 

will be served; and 

‘‘(iv) a description of how the applicant will incorporate the proposed 

activities into the ongoing school program involved once the grant period is over. 

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

a grantee under this chapter for any fiscal year may be used for administrative purposes. 

‘‘SEC. 1272. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION PROFESSIONALS. 

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


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‘‘(1) to increase the number of qualified Indian teachers, school leaders, or 

other education professionals serving Indian students, including through recruitment strategies; 

‘‘(2) to provide training to qualified Indian individuals to enable such individuals to become effective teachers, school leaders, administrators, teacher aides, 

social workers, and ancillary educational personnel; and 

‘‘(3) to improve the skills of qualified Indian individuals who serve in the capacities described in paragraph (2). 

‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this section, the term ‘eligible entity’ means— ‘‘(1) an institution of higher education, including an Indian institution of higher education; 

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

with an institution of higher education; 

‘‘(3) an Indian tribe or organization, in consortium with an institution of higher education; and 

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

Amendments of 1978). 

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

funds reserved under section 1271(c)(1) to eligible entities having applications approved under this section to enable those entities to carry out the activities described in subsection (d). 

‘‘(d) AUTHORIZED ACTIVITIES.— 

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

to provide support and training for Indian individuals in a manner consistent 

with the purposes of this section. 

‘‘(2) SPECIAL RULES.— 

‘‘(A) TYPE OF TRAINING.—For education personnel, the training received 

pursuant to a grant under this section may be inservice or preservice training. 

‘‘(B) PROGRAM.—For individuals who are being trained to enter any education-related field other than teaching, the training received pursuant to 

a grant under this section shall be in a program that results in a graduate 

degree. 

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

submit an application to the Secretary at such time and in such manner as the Secretary may reasonable require. An application shall include 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 school leaders; 

‘‘(2) use funds made available under the grant to support the recruitment, 

preparation, and professional development of Indian teachers or school leaders 

in local educational agencies that serve a high proportion of Indian students; 

and 

‘‘(3) assist participants in meeting the requirements under subsection (h). 

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

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

‘‘(2) may not limit eligibility to receive a grant under this section on the basis 

of— 

‘‘(A) the number of previous grants the Secretary has awarded such entity; or 

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

grants. 

‘‘(g) GRANT PERIOD.—Each grant under this section shall be awarded for an initial 

period of not more than three years, and may be renewed for not more than an additional two years if the Secretary finds that the grantee is meeting the grant objectives. 

‘‘(h) SERVICE OBLIGATION.— 

‘‘(1) IN GENERAL.—The Secretary shall require, by regulation, that an individual who receives training pursuant to a grant made under this section— 

‘‘(A) perform work— 

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

‘‘(ii) that benefits Indian people; or 

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

‘‘(2) REPORTING.—The Secretary shall establish, by regulation, a reporting 

procedure under which a grant recipient under this section shall, not later than 

12 months after the date of completion of the training, and periodically thereafter, provide information concerning compliance with the work requirement 

under paragraph (1). 


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‘‘CHAPTER C—FEDERAL ADMINISTRATION 

‘‘SEC. 1281. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION. 

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

Education (hereafter in this section referred to as the ‘Council’), which shall— 

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

from lists of nominees furnished, from time to time, by Indian tribes and organizations; and 

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

‘‘(b) DUTIES.—The Council shall— 

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

any program, including any program established under this subpart— 

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

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

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

‘‘(2) make recommendations to the Secretary for filling the position of Director 

of Indian Education whenever a vacancy occurs; and 

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

activities of the Council, including— 

‘‘(A) any recommendations that the Council considers appropriate for the 

improvement of Federal education programs that include Indian children or 

adults as participants, or that may benefit Indian children or adults; and 

‘‘(B) recommendations concerning the funding of any program described 

in subparagraph (A). 

‘‘SEC. 1282. PEER REVIEW. 

‘‘The Secretary may use a peer review process to review applications submitted 

to the Secretary under chapter B. 

‘‘SEC. 1283. PREFERENCE FOR INDIAN APPLICANTS. 

‘‘In making grants and entering into contracts or cooperative agreements under 

chapter B, the Secretary shall give a preference to Indian tribes, organizations, and 

institutions of higher education under any program with respect to which Indian 

tribes, organizations, and institutions are eligible to apply for grants, contracts, or 

cooperative agreements. 

‘‘SEC. 1284. MINIMUM GRANT CRITERIA. 

‘‘The Secretary may not approve an application for a grant, contract, or cooperative agreement under chapter B unless the application is for a grant, contract, or 

cooperative agreement that is— 

‘‘(1) of sufficient size, scope, and quality to achieve the purpose or objectives 

of such grant, contract, or cooperative agreement; and 

‘‘(2) based on relevant research findings. 

‘‘CHAPTER D—DEFINITIONS 

‘‘SEC. 1291. DEFINITIONS. 

‘‘For the purposes of this subpart: 

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

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

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

attendance under an applicable State law. 

‘‘(2) 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. 

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

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

and without tuition charge; and 

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

State or to preschool children. 

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

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

the tribe or band, including— 

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

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

band resides; 

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

in subparagraph (A); 


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

purpose; 

‘‘(D) an Eskimo, Aleut, or other Alaska Native; or 

‘‘(E) a member of an organized Indian group that received a grant under 

the Indian Education Act of 1988 as in effect the day preceding the date 

of enactment of the Improving America’s Schools Act of 1994.’’. 

(b) STRIKE.—The Act is amended by striking title VII (20 U.S.C. 7401 et seq.). 

Subtitle D—National Assessment 

SEC. 141. NATIONAL ASSESSMENT OF TITLE I. 

(a) IN GENERAL.—Part E of title I (20 U.S.C. 6491 et seq.) is redesignated as part 

B of title I. 

(b) REPEALS.—Sections 1502 and 1504 (20 U.S.C. 6492; 6494) are repealed. 

(c) REDESIGNATIONS.—Sections 1501 and 1503 (20 U.S.C. 6491; 6493) are redesignated as sections 1301 and 1302, respectively. 

(d) AMENDMENTS TO SECTION 1301.—Section 1301 (20 U.S.C. 6491), as so redesignated, is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by inserting ‘‘, acting through the Director of the 

Institute of Education Sciences (in this section and section 1302 referred to 

as the ‘Director’),’’ after ‘‘The Secretary’’; 

(B) in paragraph (2)— 

(i) by striking ‘‘Secretary’’ and inserting ‘‘Director’’; 

(ii) in subparagraph (A), by striking ‘‘reaching the proficient level’’ 

and all that follows and inserting ‘‘graduating high school prepared for 

postsecondary education or the workforce.’’; 

(iii) in subparagraph (B), by striking ‘‘reach the proficient’’ and all 

that follows and inserting ‘‘meet State academic standards.’’; 

(iv) by striking subparagraphs (D) and (G) and redesignating subparagraphs (E), (F), and (H) through (O) as subparagraphs (D) through 

(M), respectively; 

(v) in subparagraph (D)(v) (as so redesignated), by striking ‘‘help 

schools in which’’ and all that follows and inserting ‘‘address disparities 

in the percentages of effective teachers teaching in low-income schools.’’ 

(vi) in subparagraph (G) (as so redesignated)— 

(I) by striking ‘‘section 1116’’ and inserting ‘‘section 

1111(b)(3)(B)(iii)’’; and 

(II) by striking ‘‘, including the following’’ and all that follows 

and inserting a period; 

(vii) in subparagraph (I) (as so redesignated), by striking ‘‘qualifications’’ and inserting ‘‘effectiveness’’; 

(viii) in subparagraph (J) (as so redesignated), by striking ‘‘, including 

funds under section 1002,’’; 

(ix) in subparagraph (L) (as so redesignated), by striking ‘‘section 

1111(b)(2)(C)(v)(II)’’ and inserting ‘‘section 1111(b)(3)(B)(ii)(II)’’; and 

(x) in subparagraph (M) (as so redesignated), by striking ‘‘Secretary’’ 

and inserting ‘‘Director’’; 

(C) in paragraph (3), by striking ‘‘Secretary’’ and inserting ‘‘Director’’; 

(D) in paragraph (4), by striking ‘‘Secretary’’ and inserting ‘‘Director’’; 

(E) in paragraph (5), by striking ‘‘Secretary’’ and inserting ‘‘Director’’; and 

(F) in paragraph (6)— 

(i) by striking ‘‘No Child Left Behind Act of 2001’’ each place it appears and inserting ‘‘Student Success Act’’; and 

(ii) by striking ‘‘Secretary’’ each place it appears and inserting ‘‘Director’’; 

(2) in subsection (b), by striking ‘‘Secretary’’ each place it appears and inserting ‘‘Director’’; 

(3) in subsection (c)— 

(A) in paragraph (1)— 

(i) by striking ‘‘Secretary’’ and inserting ‘‘Director’’; and 

(ii) by striking ‘‘part A’’ and inserting ‘‘subpart 1 of part A’’; 

(B) in paragraph (2)— 

(i) by striking ‘‘Secretary’’ and inserting ‘‘Director’’; 

(ii) in subparagraph (B), by striking ‘‘challenging academic achievement standards’’ and inserting ‘‘State academic standards’’; 

(iii) in subparagraph (E), by striking ‘‘effects of the availability’’ and 

all that follows and inserting ‘‘extent to which actions authorized under 


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section 1111(b)(3)(B)(iii) improve the academic achievement of disadvantaged students and low-performing schools.’’; and 

(iv) in subparagraph (F), by striking ‘‘Secretary’’ and inserting ‘‘Director’’; and 

(C) in paragraph (3)— 

(i) by striking ‘‘Secretary’’ and inserting ‘‘Director’’; and 

(ii) by striking subparagraph (C) and inserting the following: 

‘‘(C) analyzes varying models or strategies for delivering school services, 

including schoolwide and targeted services.’’; and 

(4) in subsection (d), by striking ‘‘Secretary’’ each place it appears and inserting ‘‘Director’’. 

(e) AMENDMENTS TO SECTION 1302.—Section 1302 (20 U.S.C. 6493), as so redesignated, is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘Secretary’’ and inserting ‘‘Director’’; and 

(B) by striking ‘‘and for making decisions about the promotion and graduation of students’’; 

(2) in subsection (b)— 

(A) by striking ‘‘Secretary’’ the first place it appears and inserting ‘‘Director’’; 

(B) by striking ‘‘process,’’ and inserting ‘‘process consistent with section 

1206,’’; and 

(C) by striking ‘‘Assistant Secretary of Educational Research and Improvement’’ and inserting ‘‘Director’’; 

(3) in subsection (d)— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by striking ‘‘to the State-defined level of proficiency’’ and inserting ‘‘toward meeting the State academic standards’’; 

and 

(ii) in subparagraph (C), by striking ‘‘pupil-services’’ and inserting 

‘‘specialized instructional support services’’; 

(B) in paragraph (3), by striking ‘‘limited and nonlimited English proficient students’’ and inserting ‘‘English learners’’; and 

(C) in paragraph (6), by striking ‘‘Secretary’’ and inserting ‘‘Director’’; and 

(4) in subsection (f)— 

(A) by striking ‘‘Secretary’’ and inserting ‘‘Director’’; and 

(B) by striking ‘‘authorized to be appropriated for this part’’ and inserting 

‘‘appropriated under section 3(a)(2)’’. 

Subtitle E—Title I General Provisions 

SEC. 151. GENERAL PROVISIONS FOR TITLE I. 

Part I of title I (20 U.S.C. 6571 et seq.)— 

(1) is transferred to and redesignated as part C of title I of the Act; and 

(2) is amended to read as follows: 

‘‘PART C—GENERAL PROVISIONS 

‘‘SEC. 1401. FEDERAL REGULATIONS. 

‘‘(a) IN GENERAL.—The Secretary may, in accordance with subsections (b) through 

(d), issue such regulations as are necessary to reasonably ensure there is compliance 

with this title. 

‘‘(b) NEGOTIATED RULEMAKING PROCESS.— ‘‘(1) IN GENERAL.—Before publishing in the Federal Register proposed regulations to carry out this title, the Secretary shall obtain the advice and recommendations of representatives of Federal, State, and local administrators, 

parents, teachers, and members of local school boards and other organizations 

involved with the implementation and operation of programs under this title. 

‘‘(2) MEETINGS AND ELECTRONIC EXCHANGE.—Such advice and recommendations may be obtained through such mechanisms as regional meetings and electronic exchanges of information. 

‘‘(3) PROPOSED REGULATIONS.—After obtaining such advice and recommendations, and before publishing proposed regulations, the Secretary shall— 

‘‘(A) establish a negotiated rulemaking process; 

‘‘(B) select individuals to participate in such process from among individuals or groups that provided advice and recommendations, including representation from all geographic regions of the United States, in such numVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00066 Fmt 6659 Sfmt 6621 E:\HR\OC\HR458.XXX HR458

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bers as will provide an equitable balance between representatives of parents and students and representatives of educators and education officials; 

and 

‘‘(C) prepare a draft of proposed policy options that shall be provided to 

the individuals selected by the Secretary under subparagraph (B) not less 

than 15 days before the first meeting under such process. 

‘‘(c) PROPOSED RULEMAKING.—If the Secretary determines that a negotiated rulemaking process is unnecessary or the individuals selected to participate in the process under paragraph (3)(B) fail to reach unanimous agreement, the Secretary may 

propose regulations under the following procedure: 

‘‘(1) Not less than 30 days prior to beginning a rulemaking process, the Secretary shall provide to Congress, including the Committee on Education and the 

Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, notice that shall include— 

‘‘(A) a copy of the proposed regulations; 

‘‘(B) the need to issue regulations; 

‘‘(C) the anticipated burden the regulations will have on State educational 

agencies, local educational agencies, schools, and other entities that may be 

impacted by the regulations; and 

‘‘(D) any regulations that will be repealed when the new regulations are 

issued. 

‘‘(2) 30 days after giving notice of the proposed rule to Congress, the Secretary 

may proceed with the rulemaking process after addressing all comments received from the Congress and publishing how such comments are addressed 

with the proposed rule. 

‘‘(3) The comment and review period for any proposed regulation shall be 90 

days unless an emergency requires a shorter period, in which case such period 

shall be not less than 45 days and the Secretary shall— 

‘‘(A) designate the proposed regulation as an emergency with an explanation of the emergency in the notice and report to Congress under paragraph (1); and 

‘‘(B) publish the length of the comment and review period in such notice 

and in the Federal Register. 

‘‘(4) No regulation shall be made final after the comment and review period 

until the Secretary has published in the Federal Register an independent assessment of— 

‘‘(A) the burden, including the cost burden, the regulation will impose on 

State educational agencies, local educational agencies, schools and other entities that may be impacted by the regulation; and 

‘‘(B) an explanation of how the entities described in subparagraph (A) 

may pay for implementing the new regulation. 

‘‘(d) LIMITATION.—Regulations to carry out this title may not require local programs to follow a particular instructional model, such as the provision of services 

outside the regular classroom or school program. 

‘‘SEC. 1402. AGREEMENTS AND RECORDS. 

‘‘(a) AGREEMENTS.—In the case in which a negotiated rule making process is established under subsection (b) of section 1401, all published proposed regulations 

shall conform to agreements that result from the rulemaking described in section 

1401 unless the Secretary reopens the negotiated rulemaking process. 

‘‘(b) RECORDS.—The Secretary shall ensure that an accurate and reliable record 

of agreements reached during the negotiations process is maintained. 

‘‘SEC. 1403. STATE ADMINISTRATION. 

‘‘(a) RULEMAKING.— 

‘‘(1) IN GENERAL.—Each State that receives funds under this title shall— 

‘‘(A) ensure that any State rules, regulations, and policies relating to this 

title conform to the purposes of this title and provide any such proposed 

rules, regulations, and policies to the committee of practitioners created 

under subsection (b) for review and comment; 

‘‘(B) minimize such rules, regulations, and policies to which the State’s 

local educational agencies and schools are subject; 

‘‘(C) eliminate or modify State and local fiscal accounting requirements in 

order to facilitate the ability of schools to consolidate funds under 

schoolwide programs; 

‘‘(D) identify any such rule, regulation, or policy as a State-imposed requirement; and 

‘‘(E)(i) identify any duplicative or contrasting requirements between the 

State and Federal rules or regulations; 


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‘‘(ii) eliminate the rules and regulations that are duplicative of Federal 

requirements; and 

‘‘(iii) report any conflicting requirements to the Secretary and determine 

which Federal or State rule or regulation shall be followed. 

‘‘(2) SUPPORT AND FACILITATION.—State rules, regulations, and policies under 

this title shall support and facilitate local educational agency and school-level 

systemic reform designed to enable all children to meet the State academic 

standards. 

‘‘(b) COMMITTEE OF PRACTITIONERS.— 

‘‘(1) IN GENERAL.—Each State educational agency that receives funds under 

this title shall create a State committee of practitioners to advise the State in 

carrying out its responsibilities under this title. 

‘‘(2) MEMBERSHIP.—Each such committee shall include— 

‘‘(A) as a majority of its members, representatives from local educational 

agencies; 

‘‘(B) administrators, including the administrators of programs described 

in other parts of this title; 

‘‘(C) teachers from public charter schools, traditional public schools, and 

career and technical educators; 

‘‘(D) parents; 

‘‘(E) members of local school boards; 

‘‘(F) representatives of private school children; and 

‘‘(G) specialized instructional support personnel. 

‘‘(3) DUTIES.—The duties of such committee shall include a review, before 

publication, of any proposed or final State rule or regulation pursuant to this 

title. In an emergency situation where such rule or regulation must be issued 

within a very limited time to assist local educational agencies with the operation of the program under this title, the State educational agency may issue 

a regulation without prior consultation, but shall immediately thereafter convene the State committee of practitioners to review the emergency regulation 

before issuance in final form. 

‘‘SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED SPENDING. 

‘‘Nothing in this title shall be construed to mandate equalized spending per pupil 

for a State, local educational agency, or school.’’. 

TITLE II—GENERAL PROVISIONS FOR THE ACT 

SEC. 201. GENERAL PROVISIONS FOR THE ACT. 

(a) AMENDING TITLE V.—Title V (20 U.S.C. 7201 et seq.) is amended to read as 

follows: 

‘‘TITLE V—GENERAL PROVISIONS 

‘‘PART A—DEFINITIONS

‘‘SEC. 5101. DEFINITIONS. 

‘‘Except as otherwise provided, in this Act: 

‘‘(1) 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 located in another school district, 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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‘‘(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. 

‘‘(2) 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 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 

‘‘(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 preceding 

year. 

‘‘(3) CHARTER SCHOOL.—The term ‘charter school’ means a public school 

that— 

‘‘(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; 

‘‘(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; 

‘‘(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; 

‘‘(D) provides a program of elementary or secondary education, or both; 

‘‘(E) is nonsectarian in its programs, admissions policies, employment 

practices, and all other operations; 

‘‘(F) does not charge tuition; 

‘‘(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; 

‘‘(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; 

‘‘(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; 

‘‘(J) meets all applicable Federal, State, and local health and safety requirements; 

‘‘(K) operates in accordance with State law; 

‘‘(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; and 

‘‘(M) may serve pre-kindergarten or postsecondary school students. 

‘‘(4) CHILD.—The term ‘child’ means any person within the age limits for 

which the State provides free public education. 

‘‘(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. 

‘‘(6) COMMUNITY-BASED ORGANIZATION.—The term ‘community-based organization’ means a public or private nonprofit organization of demonstrated effectiveness that— 

‘‘(A) is representative of a community or significant segments of a community; and 

‘‘(B) provides educational or related services to individuals in the community. 


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‘‘(7) CONSOLIDATED LOCAL APPLICATION.—The term ‘consolidated local application’ means an application submitted by a local educational agency pursuant to 

section 5305. 

‘‘(8) CONSOLIDATED LOCAL PLAN.—The term ‘consolidated local plan’ means a 

plan submitted by a local educational agency pursuant to section 5305. 

‘‘(9) CONSOLIDATED STATE APPLICATION.—The term ‘consolidated State application’ means an application submitted by a State educational agency pursuant 

to section 5302. 

‘‘(10) CONSOLIDATED STATE PLAN.—The term ‘consolidated State plan’ means 

a plan submitted by a State educational agency pursuant to section 5302. 

‘‘(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. 

‘‘(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. 

‘‘(13) COVERED PROGRAM.—The term ‘covered program’ means each of the programs authorized by— 

‘‘(A) part A of title I; 

‘‘(B) title II; and 

‘‘(C) title III. 

‘‘(14) 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. 

‘‘(15) DEPARTMENT.—The term ‘Department’ means the Department of Education. 

‘‘(16) DIRECT STUDENT SERVICES.—The term ‘direct student services’ means 

public school choice or high-quality academic tutoring that are designed to help 

increase academic achievement for students. 

‘‘(17) DISTANCE EDUCATION.—The term ‘distance education’ means the use of 

one or more technologies to deliver instruction to students who are separated 

from the instructor and to support regular and substantive interaction between 

the students and the instructor synchronously or nonsynchronously. 

‘‘(18) 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. 

‘‘(19) 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. 

‘‘(20) ENGLISH LEARNER.—The term ‘English learner’, when used with respect 

to an individual, 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; 

‘‘(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 the State’s academic standards described in 

section 1111; 

‘‘(ii) the ability to successfully achieve in classrooms where the language of instruction is English; or 

‘‘(iii) the opportunity to participate fully in society. 

‘‘(21) EXTENDED-YEAR ADJUSTED COHORT GRADUATION RATE.— 


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‘‘(A) IN GENERAL.—The term ‘extended-year adjusted cohort graduation 

rate’ means the ratio where— 

‘‘(i) the denominator consists of the number of students who form the 

original cohort of students who entered the entry grade together in the 

entry year of high school, adjusted by— 

‘‘(I) adding the students who joined that cohort, after the time of 

the determination of the original cohort; and 

‘‘(II) subtracting only those students who left that cohort, after 

the time of the determination of the original cohort; and 

‘‘(ii) the numerator consists of the number of students in the cohort, 

as adjusted under clause (i), who earned a regular high school diploma 

before, during, or at the conclusion of— 

‘‘(I) one or more additional years beyond the fourth year of high 

school; or 

‘‘(II) a summer session immediately following the additional year 

of high school. 

‘‘(B) 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, transferred to 

a prison or juvenile facility, or is deceased. 

‘‘(C) TRANSFERRED OUT.— 

‘‘(i) IN GENERAL.—For purposes of this paragraph, the term ‘transferred out’ means a student who the high school or local educational 

agency has confirmed, according to clause (ii), has transferred— 

‘‘(I) to another school from which the student is expected to receive a regular high school diploma; or 

‘‘(II) to another educational program from which the student is 

expected to receive a regular high school diploma. 

‘‘(ii) CONFIRMATION REQUIREMENTS.— 

‘‘(I) DOCUMENTATION REQUIRED.—The confirmation of a student’s 

transfer to another school or educational program described in 

clause (i) requires documentation from the receiving school or program that the student enrolled in the receiving school or program. 

‘‘(II) LACK OF CONFIRMATION.—A student who was enrolled, but 

for whom there is no confirmation of the student having transferred out, shall remain in the extended-year adjusted cohort. 

‘‘(iii) PROGRAMS NOT PROVIDING CREDIT.—A student who is retained 

in grade or who is enrolled in a GED or other alternative educational 

program that does not issue or provide credit toward the issuance of 

a regular high school diploma shall not be considered transferred out 

and shall remain in the extended-year adjusted cohort. 

‘‘(D) SPECIAL RULE.—For those high schools that start after grade 9, the 

original cohort shall be calculated for the earliest high school grade students attend no later than the effective date for student membership data 

submitted annually by State educational agencies to the National Center 

for Education Statistics pursuant to section 153 of the Education Sciences 

Reform Act. 

‘‘(22) 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: 

‘‘(A) Interactive literacy activities between parents and their children. 

‘‘(B) Training for parents regarding how to be the primary teacher for 

their children and full partners in the education of their children. 

‘‘(C) Parent literacy training that leads to economic self-sufficiency. 

‘‘(D) An age-appropriate education to prepare children for success in 

school and life experiences. 

‘‘(23) FOUR-YEAR ADJUSTED COHORT GRADUATION RATE.— 

‘‘(A) IN GENERAL.—The term ‘four-year adjusted cohort graduation rate’ 

means the ratio where— 

‘‘(i) the denominator consists of the number of students who form the 

original cohort of entering first-time 9th grade students enrolled in the 

high school no later than the effective date for student membership 

data submitted annually by State educational agencies to the National 

Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act, adjusted by— 

‘‘(I) adding the students who joined that cohort, after the time of 

the determination of the original cohort; and 


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‘‘(II) subtracting only those students who left that cohort, after 

the time of the determination of the original cohort, as described 

in subparagraph (B); and 

‘‘(ii) the numerator consists of the number of students in the cohort, 

as adjusted under clause (i), who earned a regular high school diploma 

before, during, or at the conclusion of— 

‘‘(I) the fourth year of high school; or 

‘‘(II) a summer session immediately following the fourth year of 

high school. 

‘‘(B) 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, transferred to 

a prison or juvenile facility, or is deceased. 

‘‘(C) TRANSFERRED OUT.— ‘‘(i) IN GENERAL.—For purposes of this paragraph, the term ‘transferred out’ means a student who the high school or local educational 

agency has confirmed, according to clause (ii), has transferred— 

‘‘(I) to another school from which the student is expected to receive a regular high school diploma; or 

‘‘(II) to another educational program from which the student is 

expected to receive a regular high school diploma. 

‘‘(ii) CONFIRMATION REQUIREMENTS.— 

‘‘(I) DOCUMENTATION REQUIRED.—The confirmation of a student’s 

transfer to another school or educational program described in 

clause (i) requires documentation from the receiving school or program that the student enrolled in the receiving school or program. 

‘‘(II) LACK OF CONFIRMATION.—A student who was enrolled, but 

for whom there is no confirmation of the student having transferred out, shall remain in the adjusted cohort. 

‘‘(iii) PROGRAMS NOT PROVIDING CREDIT.—A student who is retained 

in grade or who is enrolled in a GED or other alternative educational 

program that does not issue or provide credit toward the issuance of 

a regular high school diploma shall not be considered transferred out 

and shall remain in the adjusted cohort. 

‘‘(D) SPECIAL RULE.—For those high schools that start after grade 9, the 

original cohort shall be calculated for the earliest high school grade students attend no later than the effective date for student membership data 

submitted annually by State educational agencies to the National Center 

for Education Statistics pursuant to section 153 of the Education Sciences 

Reform Act. 

‘‘(24) 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 school or secondary school education as determined 

under applicable State law, except that the term does not include any education provided beyond grade 12. 

‘‘(25) GRADUATION RATE.—The term ‘graduation rate’ means the adjusted cohort graduation rate. 

‘‘(26) HIGH-QUALITY ACADEMIC TUTORING.—The term ‘high-quality academic 

tutoring’ means supplemental academic services that— 

‘‘(A) are in addition to instruction provided during the school day; 

‘‘(B) are provided by a non-governmental entity or local educational agency that— 

‘‘(i) is included on a State educational agency approved provider list 

after demonstrating to the State educational agency that its program 

consistently improves the academic achievement of students; and 

‘‘(ii) agrees to provide parents of children receiving high-quality academic tutoring, the appropriate local educational agency, and school 

with information on participating students increases in academic 

achievement, in a format, and to the extent practicable, a language 

that such parent can understand, and in a manner that protects the 

privacy of individuals consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g); 

‘‘(C) are selected by the parents of students who are identified by the 

local educational agency as being eligible for such services from among providers on the approved provider list described in subparagraph (B)(i); 

‘‘(D) meet all applicable Federal, State, and local health, safety, and civil 

rights laws; and 


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‘‘(E) ensure that all instruction and content are secular, neutral, and nonideological. 

‘‘(27) 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. 

‘‘(28) 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. 

‘‘(29) 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, 

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) BIE 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. 

‘‘(30) 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 of 1990. 

‘‘(31) OTHER STAFF.—The term ‘other staff’ means specialized instructional 

support personnel, librarians, career guidance and counseling personnel, education aides, and other instructional and administrative personnel. 

‘‘(32) 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 99–658; 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). 

‘‘(33) 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). 

‘‘(34) PARENTAL INVOLVEMENT.—The term ‘parental involvement’ means the 

participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities, including ensuring— 

‘‘(A) that parents play an integral role in assisting in their child’s learning; 

‘‘(B) that parents are encouraged to be actively involved in their child’s 

education at school; 

‘‘(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; and 

‘‘(D) the carrying out of other activities, such as those described in section 

1118. 


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‘‘(35) 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. 

‘‘(36) PROFESSIONAL DEVELOPMENT.—The term ‘professional development’— 

‘‘(A) includes activities that— 

‘‘(i) improve and increase teachers’ knowledge of the academic subjects the teachers teach, and enable teachers to become effective educators; 

‘‘(ii) are an integral part of broad schoolwide and districtwide educational improvement plans; 

‘‘(iii) give teachers, school leaders, other staff, and administrators the 

knowledge and skills to provide students with the opportunity to meet 

State academic standards; 

‘‘(iv) improve classroom management skills; 

‘‘(v)(I) are high quality, job-embedded, and continuous in order to 

have a positive and lasting impact on classroom instruction and the 

teacher’s performance in the classroom; and 

‘‘(II) are not 1-day or short-term workshops or conferences; 

‘‘(vi) support the recruiting, hiring, and training of effective teachers, 

including teachers who became certified or licensed through State and 

local alternative routes to certification; 

‘‘(vii) advance teacher understanding of effective instructional strategies that are— 

‘‘(I) evidence-based; and 

‘‘(II) strategies for improving student academic achievement or 

substantially increasing the knowledge and teaching skills of teachers, including through addressing the social and emotional development needs of students; and 

‘‘(viii) are aligned with and directly related to— 

‘‘(I) State academic standards and assessments; and 

‘‘(II) the curricula and programs tied to the standards described 

in subclause (I); 

‘‘(ix) are developed with extensive participation of teachers, school 

leaders, parents, and administrators of schools to be served under this 

Act; 

‘‘(x) are designed to give teachers of English learners and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those 

children, including the appropriate use of curricula and assessments; 

‘‘(xi) to the extent appropriate, provide training for teachers, other 

staff, and school leaders in the use of technology so that technology and 

technology applications are effectively used to improve teaching and 

learning in the curricula and core academic subjects in which the students receive instruction; 

‘‘(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 the professional development; 

‘‘(xiii) provide instruction in methods of teaching children with special needs; 

‘‘(xiv) include instruction in the use of data and assessments to inform and instruct classroom practice; and 

‘‘(xv) include instruction in ways that teachers, school leaders, specialized instructional support personnel, other staff, and school administrators may work more effectively with parents; and 

‘‘(B) may include activities that— 

‘‘(i) involve the forming of partnerships with institutions of higher 

education to establish school-based teacher training programs that provide prospective teachers and new teachers with an opportunity to 

work under the guidance of experienced teachers and college faculty; 

‘‘(ii) create programs to enable paraprofessionals (assisting teachers 

employed by a local educational agency receiving assistance under subpart 1 of part A of title I) to obtain the education necessary for those 

paraprofessionals to become certified and licensed teachers; and 

‘‘(iii) provide follow-up training to individuals 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. 


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‘‘(37) REGULAR HIGH SCHOOL DIPLOMA.— ‘‘(A) IN GENERAL.—The term ‘regular high school diploma’ means the 

standard high school diploma awarded to the preponderance of students in 

the State that is fully aligned with State standards, or a higher diploma. 

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 COGNITIVE DISABIL- ITIES.—For a student who is assessed using an alternate assessment 

aligned to alternate academic standards under section 1111(b)(1)(D), receipt 

of a regular high school diploma as defined under subparagraph (A) or a 

State-defined alternate diploma obtained within the time period for which 

the State ensures the availability of a free appropriate public education and 

in accordance with section 612(a)(1) of the Individuals with Disabilities 

Education Act shall be counted as graduating with a regular high school 

diploma for the purposes of this Act. 

‘‘(38) SCHOOL LEADER.—The term ‘school leader’ means a principal, assistant 

principal, or other individual who is— 

‘‘(A) an employee or officer of a school, local educational agency, or other 

entity operating the school; and 

‘‘(B) responsible for— 

‘‘(i) the daily instructional leadership and managerial operations of 

the school; and 

‘‘(ii) creating the optimum conditions for student learning. 

‘‘(39) 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. 

‘‘(40) SECRETARY.—The term ‘Secretary’ means the Secretary of Education. 

‘‘(41) 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, 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. 

‘‘(42) 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. 

‘‘(43) STATE EDUCATIONAL AGENCY.—The term ‘State educational agency’ 

means the agency primarily responsible for the State supervision of public elementary schools and secondary schools. 

‘‘(44) TECHNOLOGY.—The term ‘technology’ means modern information, computer and communication technology products, services, or tools, including, but 

not limited to, the Internet and other communications networks, computer devices and other computer and communications hardware, software applications, 

data systems, and other electronic content and data storage. 

‘‘SEC. 5102. APPLICABILITY OF TITLE. 

‘‘Parts B, C, D, and E of this title do not apply to title IV of this Act. 

‘‘SEC. 5103. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPERATED SCHOOLS. 

‘‘For the purpose of any competitive program under this Act— 

‘‘(1) a consortium of schools operated by the Bureau of Indian Education; 

‘‘(2) a school operated under a contract or grant with the Bureau of Indian 

Education in consortium with another contract or grant school or a tribal or 

community organization; or 

‘‘(3) a Bureau of Indian Education school in consortium with an institution 

of higher education, a contract or grant school, or a tribal or community organization, 

shall be given the same consideration as a local educational agency. 

‘‘PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS

‘‘SEC. 5201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY AND SECONDARY EDUCATION PROGRAMS. 

‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.— 


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‘‘(1) IN GENERAL.—A State educational agency may consolidate the amounts 

specifically made available to it for State administration under one or more of 

the programs under paragraph (2). 

‘‘(2) APPLICABILITY.—This section applies to any program under this Act 

under which funds are authorized to be used for administration, and such other 

programs as the Secretary may designate. 

‘‘(b) USE OF FUNDS.— ‘‘(1) IN GENERAL.—A State educational agency shall use the amount available 

under this section for the administration of the programs included in the consolidation under subsection (a). 

‘‘(2) ADDITIONAL USES.—A State educational agency may also use funds available under this section for administrative activities designed to enhance the effective and coordinated use of funds under programs included in the consolidation under subsection (a), such as— 

‘‘(A) the coordination of those programs with other Federal and non-Federal programs; 

‘‘(B) the establishment and operation of peer-review mechanisms under 

this Act; 

‘‘(C) the administration of this title; 

‘‘(D) the dissemination of information regarding model programs and 

practices; 

‘‘(E) technical assistance under any program under this Act; 

‘‘(F) State-level activities designed to carry out this title; 

‘‘(G) training personnel engaged in audit and other monitoring activities; 

and 

‘‘(H) implementation of the Cooperative Audit Resolution and Oversight 

Initiative of the Department. 

‘‘(c) RECORDS.—A State educational agency that consolidates administrative funds 

under this section shall not be required to keep separate records, by individual program, to account for costs relating to the administration of programs included in the 

consolidation under subsection (a). 

‘‘(d) REVIEW.—To determine the effectiveness of State administration under this 

section, the Secretary may periodically review the performance of State educational 

agencies in using consolidated administrative funds under this section and take 

such steps as the Secretary finds appropriate to ensure the effectiveness of that administration. 

‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State educational agency does not use 

all of the funds available to the agency under this section for administration, the 

agency may use those funds during the applicable period of availability as funds 

available under one or more programs included in the consolidation under subsection (a). 

‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND ASSESSMENT DEVELOPMENT.— 

In order to develop State academic standards and assessments, a State educational 

agency may consolidate the amounts described in subsection (a) for those purposes 

under title I. 

‘‘SEC. 5202. SINGLE LOCAL EDUCATIONAL AGENCY STATES. 

‘‘A State educational agency that also serves as a local educational agency shall, 

in its applications or plans under this Act, describe how the agency will eliminate 

duplication in conducting administrative functions. 

‘‘SEC. 5203. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR FUNDS. 

‘‘(a) GENERAL AUTHORITY.— 

‘‘(1) TRANSFER.—The Secretary shall transfer to the Department of the Interior, as a consolidated amount for covered programs, the Indian education programs under subpart 6 of part A of title I, and the education for homeless children and youth program under subtitle B of title VII of the McKinney-Vento 

Homeless Assistance Act, the amounts allotted to the Department of the Interior under those programs. 

‘‘(2) AGREEMENT.— 

‘‘(A) IN GENERAL.—The Secretary and the Secretary of the Interior shall 

enter into an agreement, consistent with the requirements of the programs 

specified in paragraph (1), for the distribution and use of those program 

funds under terms that the Secretary determines best meet the purposes 

of those programs. 

‘‘(B) CONTENTS.—The agreement shall— 

‘‘(i) set forth the plans of the Secretary of the Interior for the use of 

the amount transferred and the achievement measures to assess program effectiveness; and 

‘‘(ii) be developed in consultation with Indian tribes. 


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‘‘(b) ADMINISTRATION.—The Department of the Interior may use not more than 1.5 

percent of the funds consolidated under this section for its costs related to the administration of the funds transferred under this section. 

‘‘PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS

AND APPLICATIONS

‘‘SEC. 5301. PURPOSES. 

‘‘The purposes of this part are— 

‘‘(1) to improve teaching and learning by encouraging greater cross-program 

coordination, planning, and service delivery; 

‘‘(2) to provide greater flexibility to State and local authorities through consolidated plans, applications, and reporting; and 

‘‘(3) to enhance the integration of programs under this Act with State and 

local programs. 

‘‘SEC. 5302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS. 

‘‘(a) GENERAL AUTHORITY.— 

‘‘(1) SIMPLIFICATION.—In order to simplify application requirements and reduce the burden for State educational agencies under this Act, the Secretary, 

in accordance with subsection (b), shall establish procedures and criteria under 

which, after consultation with the Governor, a State educational agency may 

submit a consolidated State plan or a consolidated State application meeting 

the requirements of this section for— 

‘‘(A) each of the covered programs in which the State participates; and 

‘‘(B) such other programs as the Secretary may designate. 

‘‘(2) CONSOLIDATED APPLICATIONS AND PLANS.—After consultation with the 

Governor, a State educational agency that submits a consolidated State plan or 

a consolidated State application under this section shall not be required to submit separate State plans or applications under any of the programs to which 

the consolidated State plan or consolidated State application under this section 

applies. 

‘‘(b) COLLABORATION.— 

‘‘(1) IN GENERAL.—In establishing criteria and procedures under this section, 

the Secretary shall collaborate with State educational agencies and, as appropriate, with other State agencies, local educational agencies, public and private 

agencies, organizations, and institutions, private schools, and parents, students, 

and teachers. 

‘‘(2) CONTENTS.—Through the collaborative process described in paragraph 

(1), the Secretary shall establish, for each program under this Act to which this 

section applies, the descriptions, information, assurances, and other material required to be included in a consolidated State plan or consolidated State application. 

‘‘(3) NECESSARY MATERIALS.—The Secretary shall require only descriptions, information, assurances (including assurances of compliance with applicable provisions regarding participation by private school children and teachers), and 

other materials that are absolutely necessary for the consideration of the consolidated State plan or consolidated State application. 

‘‘SEC. 5303. CONSOLIDATED REPORTING. 

‘‘(a) IN GENERAL.—In order to simplify reporting requirements and reduce reporting burdens, the Secretary shall establish procedures and criteria under which a 

State educational agency, in consultation with the Governor of the State, may submit a consolidated State annual report. 

‘‘(b) CONTENTS.—The report shall contain information about the programs included in the report, including the performance of the State under those programs, 

and other matters as the Secretary determines are necessary, such as monitoring 

activities. 

‘‘(c) REPLACEMENT.—The report shall replace separate individual annual reports 

for the programs included in the consolidated State annual report. 

‘‘SEC. 5304. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY ASSURANCES. 

‘‘(a) ASSURANCES.—A State educational agency, in consultation with the Governor 

of the State, that submits a consolidated State plan or consolidated State application under this Act, whether separately or under section 5302, shall have on file 

with the Secretary a single set of assurances, applicable to each program for which 

the plan or application is submitted, that provides that— 

‘‘(1) each such program will be administered in accordance with all applicable 

statutes, regulations, program plans, and applications; 


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‘‘(2)(A) the control of funds provided under each such program and title to 

property acquired with program funds will be in a public agency, an eligible private agency, institution, or organization, or an Indian tribe, if the law authorizing the program provides for assistance to those entities; and 

‘‘(B) the public agency, eligible private agency, institution, or organization, or 

Indian tribe will administer those funds and property to the extent required by 

the authorizing law; 

‘‘(3) the State will adopt and use proper methods of administering each such 

program, including— 

‘‘(A) the enforcement of any obligations imposed by law on agencies, institutions, organizations, and other recipients responsible for carrying out 

each program; 

‘‘(B) the correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation; and 

‘‘(C) the adoption of written procedures for the receipt and resolution of 

complaints alleging violations of law in the administration of the programs; 

‘‘(4) the State will cooperate in carrying out any evaluation of each such program conducted by or for the Secretary or other Federal officials; 

‘‘(5) the State will use such fiscal control and fund accounting procedures that 

will ensure proper disbursement of, and accounting for, Federal funds paid to 

the State under each such program; 

‘‘(6) the State will— 

‘‘(A) make reports to the Secretary as may be necessary to enable the Secretary to perform the Secretary’s duties under each such program; and 

‘‘(B) maintain such records, provide such information to the Secretary, 

and afford such access to the records as the Secretary may find necessary 

to carry out the Secretary’s duties; and 

‘‘(7) before the plan or application was submitted to the Secretary, the State 

afforded a reasonable opportunity for public comment on the plan or application 

and considered such comment. 

‘‘(b) GEPA PROVISION.—Section 441 of the General Education Provisions Act shall 

not apply to programs under this Act. 

‘‘SEC. 5305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS. 

‘‘(a) GENERAL AUTHORITY.— ‘‘(1) CONSOLIDATED PLAN.—A local educational agency receiving funds under 

more than one covered program may submit plans or applications to the State 

educational agency under those programs on a consolidated basis. 

‘‘(2) AVAILABILITY TO GOVERNOR.—The State educational agency shall make 

any consolidated local plans and applications available to the Governor. 

‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICATIONS.—A State educational 

agency that has an approved consolidated State plan or application under section 

5302 may require local educational agencies in the State receiving funds under more 

than one program included in the consolidated State plan or consolidated State application to submit consolidated local plans or applications under those programs, 

but may not require those agencies to submit separate plans. 

‘‘(c) COLLABORATION.—A State educational agency, in consultation with the Governor, shall collaborate with local educational agencies in the State in establishing 

procedures for the submission of the consolidated State plans or consolidated State 

applications under this section. 

‘‘(d) NECESSARY MATERIALS.—The State educational agency shall require only descriptions, information, assurances, and other material that are absolutely necessary 

for the consideration of the local educational agency plan or application. 

‘‘SEC. 5306. OTHER GENERAL ASSURANCES. 

‘‘(a) ASSURANCES.—Any applicant, other than a State educational agency that submits a plan or application under this Act, shall have on file with the State educational agency a single set of assurances, applicable to each program for which a 

plan or application is submitted, that provides that— 

‘‘(1) each such program will be administered in accordance with all applicable 

statutes, regulations, program plans, and applications; 

‘‘(2)(A) the control of funds provided under each such program and title to 

property acquired with program funds will be in a public agency or in an eligible private agency, institution, organization, or Indian tribe, if the law authorizing the program provides for assistance to those entities; and 

‘‘(B) the public agency, eligible private agency, institution, or organization, or 

Indian tribe will administer the funds and property to the extent required by 

the authorizing statutes; 

‘‘(3) the applicant will adopt and use proper methods of administering each 

such program, including— 


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‘‘(A) the enforcement of any obligations imposed by law on agencies, institutions, organizations, and other recipients responsible for carrying out 

each program; and 

‘‘(B) the correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation; 

‘‘(4) the applicant will cooperate in carrying out any evaluation of each such 

program conducted by or for the State educational agency, the Secretary, or 

other Federal officials; 

‘‘(5) the applicant will use such fiscal control and fund accounting procedures 

as will ensure proper disbursement of, and accounting for, Federal funds paid 

to the applicant under each such program; 

‘‘(6) the applicant will— 

‘‘(A) submit such reports to the State educational agency (which shall 

make the reports available to the Governor) and the Secretary as the State 

educational agency and Secretary may require to enable the State educational agency and the Secretary to perform their duties under each such 

program; and 

‘‘(B) maintain such records, provide such information, and afford such access to the records as the State educational agency (after consultation with 

the Governor) or the Secretary may reasonably require to carry out the 

State educational agency’s or the Secretary’s duties; and 

‘‘(7) before the application was submitted, the applicant afforded a reasonable 

opportunity for public comment on the application and considered such comment. 

‘‘(b) GEPA PROVISION.—Section 442 of the General Education Provisions Act shall 

not apply to programs under this Act. 

‘‘PART D—WAIVERS

‘‘SEC. 5401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS. 

‘‘(a) IN GENERAL.— 

‘‘(1) REQUEST FOR WAIVER.—A State educational agency, local educational 

agency, or Indian tribe that receives funds under a program authorized under 

this Act may submit a request to the Secretary to waive any statutory or regulatory requirement of this Act. 

‘‘(2) RECEIPT OF WAIVER.—Except as provided in subsection (c) and subject to 

the limits in subsection (b)(5)(A), the Secretary shall waive any statutory or regulatory requirement of this Act for a State educational agency, local educational 

agency, Indian tribe, or school (through a local educational agency), that submits a waiver request pursuant to this subsection. 

‘‘(b) PLAN.— 

‘‘(1) IN GENERAL.—A State educational agency, local educational agency, or Indian tribe that desires a waiver under this section shall submit a waiver request to the Secretary, which shall include a plan that— 

‘‘(A) identifies the Federal programs affected by the requested waiver; 

‘‘(B) describes which Federal statutory or regulatory requirements are to 

be waived; 

‘‘(C) reasonably demonstrates that the waiver will improve instruction for 

students and advance student academic achievement; 

‘‘(D) describes the methods the State educational agency, local educational agency, or Indian tribe will use to monitor the effectiveness of the 

implementation of the plan; 

‘‘(E) describes the State educational agency, local educational agency, or 

Indian tribe’s process for holding public schools accountable for student academic achievement and intervening in low performing schools; and 

‘‘(F) describes how schools will continue to provide assistance to the same 

populations served by programs for which the waiver is requested. 

‘‘(2) ADDITIONAL INFORMATION.—A waiver request under this section— 

‘‘(A) may provide for waivers of requirements applicable to State educational agencies, local educational agencies, Indian tribes, and schools; and 

‘‘(B) shall be developed and submitted— 

‘‘(i)(I) by local educational agencies (on behalf of those agencies and 

schools) to State educational agencies; and 

‘‘(II) by State educational agencies (on their own behalf, or on behalf 

of, and based on the requests of, local educational agencies in the State) 

to the Secretary; or 

‘‘(ii) by Indian tribes (on behalf of schools operated by the tribes) to 

the Secretary. 

‘‘(3) GENERAL REQUIREMENTS.— 


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‘‘(A) STATE EDUCATIONAL AGENCIES.—In the case of a waiver request submitted by a State educational agency acting on its own behalf, or on behalf 

of local educational agencies in the State, the State educational agency 

shall— 

‘‘(i) provide the public and local educational agencies in the State 

with notice and a reasonable opportunity to comment and provide input 

on the request; 

‘‘(ii) submit the comments and input to the Secretary, with a description of how the State addressed the comments and input; and 

‘‘(iii) provide notice and a reasonable time to comment to the public 

and local educational agencies in the manner in which the applying 

agency customarily provides similar notice and opportunity to comment 

to the public. 

‘‘(B) LOCAL EDUCATIONAL AGENCIES.—In the case of a waiver request submitted by a local educational agency that receives funds under this Act— 

‘‘(i) the request shall be reviewed by the State educational agency 

and be accompanied by the comments, if any, of the State educational 

agency and the public; and 

‘‘(ii) notice and a reasonable opportunity to comment regarding the 

waiver request shall be provided to the State educational agency and 

the public by the agency requesting the waiver in the manner in which 

that agency customarily provides similar notice and opportunity to 

comment to the public. 

‘‘(4) PEER REVIEW.— 

‘‘(A) ESTABLISHMENT.—The Secretary shall establish a multi-disciplinary 

peer review team to review waiver requests under this section. 

‘‘(B) APPLICABILITY.—The Secretary may approve a waiver request under 

this section without conducting a peer review of the request, but shall use 

the peer review process under this paragraph before disapproving such a 

request. 

‘‘(C) STANDARD AND NATURE OF REVIEW.—Peer reviewers shall conduct a 

good faith review of waiver requests submitted to them under this section. 

Peer reviewers shall review such waiver requests— 

‘‘(i) in their totality; 

‘‘(ii) in deference to State and local judgment; and 

‘‘(iii) with the goal of promoting State- and local-led innovation. 

‘‘(5) WAIVER DETERMINATION, DEMONSTRATION, AND REVISION.— 

‘‘(A) IN GENERAL.—The Secretary shall approve a waiver request not more 

than 60 days after the date on which such request is submitted, unless the 

Secretary determines and demonstrates that— 

‘‘(i) the waiver request does not meet the requirements of this section; 

‘‘(ii) the waiver is not permitted under subsection (c); 

‘‘(iii) the plan that is required under paragraph (1)(C), and reviewed 

with deference to State and local judgment, provides no reasonable evidence to determine that a waiver will enhance student academic 

achievement; or 

‘‘(iv) the waiver request does not provide for adequate evaluation to 

ensure review and continuous improvement of the plan. 

‘‘(B) WAIVER DETERMINATION AND REVISION.—If the Secretary determines 

and demonstrates that the waiver request does not meet the requirements 

of this section, the Secretary shall— 

‘‘(i) immediately— 

‘‘(I) notify the State educational agency, local educational agency, 

or Indian tribe of such determination; and 

‘‘(II) at the request of the State educational agency, local educational agency, or Indian tribe, provide detailed reasons for such 

determination in writing; 

‘‘(ii) offer the State educational agency, local educational agency, or 

Indian tribe an opportunity to revise and resubmit the waiver request 

not more than 60 days after the date of such determination; and 

‘‘(iii) if the Secretary determines that the resubmission does not meet 

the requirements of this section, at the request of the State educational 

agency, local educational agency, or Indian tribe, conduct a public hearing not more than 30 days after the date of such resubmission. 

‘‘(C) WAIVER DISAPPROVAL.—The Secretary may disapprove a waiver request if— 

‘‘(i) the State educational agency, local educational agency, or Indian 

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mit the waiver request, as described under clauses (i) and (ii) of subparagraph (B); and 

‘‘(ii) the State educational agency, local educational agency, or Indian 

tribe— 

‘‘(I) does not revise and resubmit the waiver request; or 

‘‘(II) revises and resubmits the waiver request, and the Secretary 

determines that such waiver request does not meet the requirements of this section after a hearing conducted under subparagraph (B)(iii), if requested. 

‘‘(D) EXTERNAL CONDITIONS.—The Secretary shall not require or impose 

new or additional requirements in exchange for receipt of a waiver if such 

requirements are not specified in this Act. 

‘‘(c) RESTRICTIONS.—The Secretary shall not waive under this section any statutory or regulatory requirements relating to— 

‘‘(1) the allocation or distribution of funds to States, local educational agencies, Indian tribes, or other recipients of funds under this Act; 

‘‘(2) comparability of services; 

‘‘(3) use of Federal funds to supplement, not supplant, non-Federal funds; 

‘‘(4) equitable participation of private school students and teachers; 

‘‘(5) parental participation and involvement; 

‘‘(6) applicable civil rights requirements; 

‘‘(7) the prohibitions— 

‘‘(A) in subpart 2 of part E; 

‘‘(B) regarding use of funds for religious worship or instruction in section 

5505; and 

‘‘(C) regarding activities in section 5524; or 

‘‘(8) the selection of a school attendance area or school under subsections (a) 

and (b) of section 1113, except that the Secretary may grant a waiver to allow 

a school attendance area or school to participate in activities under subpart 1 

of part A of title I if the percentage of children from low-income families in the 

school attendance area or who attend the school is not more than 10 percentage 

points below the lowest percentage of those children for any school attendance 

area or school of the local educational agency that meets the requirements of 

subsections (a) and (b) of section 1113. 

‘‘(d) DURATION AND EXTENSION OF WAIVER; LIMITATIONS.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), a waiver approved by 

the Secretary under this section may be for a period not to exceed 3 years. 

‘‘(2) EXTENSION.—The Secretary may extend the period described in paragraph (1) if the State demonstrates that— 

‘‘(A) the waiver has been effective in enabling the State or affected recipient to carry out the activities for which the waiver was requested and the 

waiver has contributed to improved student achievement; and 

‘‘(B) the extension is in the public interest. 

‘‘(3) SPECIFIC LIMITATIONS.—The Secretary shall not require a State educational agency, local educational agency, or Indian tribe, as a condition of approval of a waiver request, to— 

‘‘(A) include in, or delete from, such request, specific academic standards; 

‘‘(B) use specific academic assessment instruments or items; or 

‘‘(C) include in, or delete from, such waiver request any criterion that 

specifies, defines, or prescribes the standards or measures that a State or 

local educational agency or Indian tribe uses to establish, implement, or improve— 

‘‘(i) State academic standards; 

‘‘(ii) academic assessments; 

‘‘(iii) State accountability systems; or 

‘‘(iv) teacher and school leader evaluation systems. 

‘‘(e) REPORTS.— 

‘‘(1) WAIVER REPORTS.—A State educational agency, local educational agency, 

or Indian tribe that receives a waiver under this section shall, at the end of the 

second year for which a waiver is received under this section and each subsequent year, submit a report to the Secretary that— 

‘‘(A) describes the uses of the waiver by the agency or by schools; 

‘‘(B) describes how schools continued to provide assistance to the same 

populations served by the programs for which waivers were granted; and 

‘‘(C) evaluates the progress of the agency and schools, or Indian tribe, in 

improving the quality of instruction or the academic achievement of students. 


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‘‘(2) REPORT TO CONGRESS.—The Secretary shall annually 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— 

‘‘(A) summarizing the uses of waivers by State educational agencies, local 

educational agencies, Indian tribes, and schools; and 

‘‘(B) describing the status of the waivers in improving academic achievement. 

‘‘(f) TERMINATION OF WAIVERS.—The Secretary shall terminate a waiver under 

this section if the Secretary determines, after notice and an opportunity for a hearing, that the performance of the State or other recipient affected by the waiver has 

been inadequate to justify a continuation of the waiver and the recipient of the 

waiver has failed to make revisions needed to carry out the purpose of the waiver, 

or if the waiver is no longer necessary to achieve its original purpose. 

‘‘(g) PUBLICATION.—A notice of the Secretary’s decision to grant each waiver under 

subsection (a) shall be published in the Federal Register and the Secretary shall 

provide for the dissemination of the notice to State educational agencies, interested 

parties, including educators, parents, students, advocacy and civil rights organizations, and the public. 

‘‘PART E—UNIFORM PROVISIONS

‘‘SUBPART 1—PRIVATE SCHOOLS

‘‘SEC. 5501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS. 

‘‘(a) PRIVATE SCHOOL PARTICIPATION.— 

‘‘(1) IN GENERAL.—Except as otherwise provided in this Act, to the extent consistent with the number of eligible children in areas served by a State educational agency, local educational agency, educational service agency, consortium of those agencies, or another entity receiving financial assistance under a 

program specified in subsection (b), who are enrolled in private elementary 

schools and secondary schools in areas served by such agency, consortium, or 

entity, the agency, consortium, or entity shall, after timely and meaningful consultation with appropriate private school officials or their representatives, provide to those children and their teachers or other educational personnel, on an 

equitable basis, special educational services or other benefits that address their 

needs under the program. 

‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL SERVICES OR BENEFITS.—Educational services or other benefits, including materials and equipment, provided 

under this section, shall be secular, neutral, and nonideological. 

‘‘(3) SPECIAL RULE.—Educational services and other benefits provided under 

this section for private school children, teachers, and other educational personnel shall be equitable in comparison to services and other benefits for public 

school children, teachers, and other educational personnel participating in the 

program and shall be provided in a timely manner. 

‘‘(4) EXPENDITURES.— 

‘‘(A) IN GENERAL.—Expenditures for educational services and other benefits to eligible private school children, teachers, and other service personnel 

shall be equal to the expenditures for participating public school children, 

taking into account the number and educational needs, of the children to 

be served. 

‘‘(B) OBLIGATION OF FUNDS.—Funds allocated to a local educational agency for educational services and other benefits to eligible private school children shall— 

‘‘(i) be obligated in the fiscal year for which the funds are received 

by the agency; and 

‘‘(ii) with respect to any such funds that cannot be so obligated, be 

used to serve such children in the following fiscal year. 

‘‘(C) NOTICE OF ALLOCATION.—Each State educational agency shall— 

‘‘(i) determine, in a timely manner, the proportion of funds to be allocated to each local educational agency in the State for educational services and other benefits under this subpart to eligible private school children; and 

‘‘(ii) provide notice, simultaneously, to each such local educational 

agency and the appropriate private school officials or their representatives in the State of such allocation of funds. 

‘‘(5) PROVISION OF SERVICES.—An agency, consortium, or entity described in 

subsection (a)(1) of this section may provide those services directly or through 

contracts with public and private agencies, organizations, and institutions. 

‘‘(b) APPLICABILITY.— 


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‘‘(1) IN GENERAL.—This section applies to programs under— 

‘‘(A) subpart 2 of part A of title I; 

‘‘(B) subpart 4 of part A of title I; 

‘‘(C) part A of title II; 

‘‘(D) part B of title II; and 

‘‘(E) part B of title III. 

‘‘(2) DEFINITION.—For the purpose of this section, the term ‘eligible children’ 

means children eligible for services under a program described in paragraph (1). 

‘‘(c) CONSULTATION.— ‘‘(1) IN GENERAL.—To ensure timely and meaningful consultation, a State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity shall consult, in order to reach an agreement, 

with appropriate private school officials or their representatives during the design and development of the programs under this Act, on issues such as— 

‘‘(A) how the children’s needs will be identified; 

‘‘(B) what services will be offered; 

‘‘(C) how, where, and by whom the services will be provided; 

‘‘(D) how the services will be assessed and how the results of the assessment will be used to improve those services; 

‘‘(E) the size and scope of the equitable services to be provided to the eligible private school children, teachers, and other educational personnel and 

the amount of funds available for those services; 

‘‘(F) how and when the agency, consortium, or entity will make decisions 

about the delivery of services, including a thorough consideration and analysis of the views of the private school officials or their representatives on 

the provision of services through potential third-party providers or contractors; and 

‘‘(G) how, if the agency disagrees with the views of the private school officials or their representatives on the provision of services through a contract, the local educational agency will provide in writing to such private 

school officials or their representatives an analysis of the reasons why the 

local educational agency has chosen not to use a contractor. 

‘‘(2) DISAGREEMENT.—If the agency, consortium, or entity disagrees with the 

views of the private school officials or their representatives with respect to an 

issue described in paragraph (1), the agency, consortium, or entity shall provide 

to the private school officials or their representatives a written explanation of 

the reasons why the local educational agency has chosen not to adopt the course 

of action requested by such officials or their representatives. 

‘‘(3) TIMING.—The consultation required by paragraph (1) shall occur before 

the agency, consortium, or entity makes any decision that affects the opportunities of eligible private school children, teachers, and other educational personnel 

to participate in programs under this Act, and shall continue throughout the 

implementation and assessment of activities under this section. 

‘‘(4) DISCUSSION REQUIRED.—The consultation required by paragraph (1) shall 

include a discussion of service delivery mechanisms that the agency, consortium, or entity could use to provide equitable services to eligible private school 

children, teachers, administrators, and other staff. 

‘‘(5) DOCUMENTATION.—Each local educational agency shall maintain in the 

agency’s records and provide to the State educational agency involved a written 

affirmation signed by officials or their representatives of each participating private school that the meaningful consultation required by this section has occurred. The written affirmation shall provide the option for private school officials or their representatives to indicate that timely and meaningful consultation has not occurred or that the program design is not equitable with respect 

to eligible private school children. If such officials or their representatives do 

not provide such affirmation within a reasonable period of time, the local educational agency shall forward the documentation that such consultation has, or 

attempts at such consultation have, taken place to the State educational agency. 

‘‘(6) COMPLIANCE.— 

‘‘(A) IN GENERAL.—If the consultation required under this section is with 

a local educational agency or educational service agency, a private school 

official or representative shall have the right to file a complaint with the 

State educational agency that the consultation required under this section 

was not meaningful and timely, did not give due consideration to the views 

of the private school official or representative, or did not treat the private 

school or its students equitably as required by this section. 

‘‘(B) PROCEDURE.—If the private school official or representative wishes 

to file a complaint, the private school official or representative shall provide 

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vide the appropriate documentation to the appropriate officials or representatives. 

‘‘(C) SERVICES.—A State educational agency shall provide services under 

this section directly or through contracts with public and private agencies, 

organizations, and institutions, if— 

‘‘(i) the appropriate private school officials or their representatives 

have— 

‘‘(I) requested that the State educational agency provide such 

services directly; and 

‘‘(II) demonstrated that the local educational agency or Education 

Service Agency involved has not met the requirements of this section; or 

‘‘(ii) in a case in which— 

‘‘(I) a local educational agency has more than 10,000 children 

from low-income families who attend private elementary schools or 

secondary schools in such agency’s school attendance areas, as defined in section 1113(a)(2)(A), that are not being served by the 

agency’s program under this section; or 

‘‘(II) 90 percent of the eligible private school students in a school 

attendance area, as defined in section 1113(a)(2)(A), are not being 

served by the agency’s program under this section. 

‘‘(d) PUBLIC CONTROL OF FUNDS.— ‘‘(1) IN GENERAL.—The control of funds used to provide services under this 

section, and title to materials, equipment, and property purchased with those 

funds, shall be in a public agency for the uses and purposes provided in this 

Act, and a public agency shall administer the funds and property. 

‘‘(2) PROVISION OF SERVICES.— ‘‘(A) IN GENERAL.—The provision of services under this section shall be 

provided— 

‘‘(i) by employees of a public agency; or 

‘‘(ii) through contract by the public agency with an individual, association, agency, organization, or other entity. 

‘‘(B) INDEPENDENCE; PUBLIC AGENCY.—In the provision of those services, 

the employee, person, association, agency, organization, or other entity 

shall be independent of the private school and of any religious organization, 

and the employment or contract shall be under the control and supervision 

of the public agency. 

‘‘(C) COMMINGLING OF FUNDS PROHIBITED.—Funds used to provide services under this section shall not be commingled with non-Federal funds. 

‘‘SEC. 5502. STANDARDS FOR BY-PASS. 

‘‘(a) IN GENERAL.—If, by reason of any provision of law, a State educational agency, local educational agency, educational service agency, consortium of those agencies, or other entity is prohibited from providing for the participation in programs 

of children enrolled in, or teachers or other educational personnel from, private elementary schools and secondary schools, on an equitable basis, or if the Secretary 

determines that the agency, consortium, or entity has substantially failed or is unwilling to provide for that participation, as required by section 5501, the Secretary 

shall— 

‘‘(1) waive the requirements of that section for the agency, consortium, or entity; and 

‘‘(2) arrange for the provision of equitable services to those children, teachers, 

or other educational personnel through arrangements that shall be subject to 

the requirements of this section and of sections 5501, 5503, and 5504. 

‘‘(b) DETERMINATION.—In making the determination under subsection (a), the Secretary shall consider one or more factors, including the quality, size, scope, and location of the program, and the opportunity of private school children, teachers, and 

other educational personnel to participate in the program. 

‘‘SEC. 5503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL CHILDREN. 

‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary shall develop and implement 

written procedures for receiving, investigating, and resolving complaints from parents, teachers, or other individuals and organizations concerning violations of section 5501 by a State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity. The individual or organization 

shall submit the complaint to the State educational agency for a written resolution 

by the State educational agency within 45 days. 

‘‘(b) APPEALS TO SECRETARY.—The resolution may be appealed by an interested 

party to the Secretary not later than 30 days after the State educational agency resolves the complaint or fails to resolve the complaint within the 45-day time limit. 


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The appeal shall be accompanied by a copy of the State educational agency’s resolution, and, if there is one, a complete statement of the reasons supporting the appeal. 

The Secretary shall investigate and resolve the appeal not later than 90 days after 

receipt of the appeal. 

‘‘SUBPART 2—PROHIBITIONS

‘‘SEC. 5521. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL. 

‘‘(a) IN GENERAL.—No officer or employee of the Federal Government shall, directly or indirectly—through grants, contracts, or other cooperative agreements— 

mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic standards and assessments, curricula, or program of 

instruction, nor shall anything in this Act be construed to authorize such officer or 

employee to do so. 

‘‘(b) FINANCIAL SUPPORT.—No officer or employee of the Federal Government 

shall, directly or indirectly—through grants, contracts, or other cooperative agreements—make financial support available in a manner that is conditioned upon a 

State, local educational agency, or school’s adoption of specific instructional content, 

academic standards and assessments, curriculum, or program of instruction even if 

such requirements are specified in an Act other than this Act, nor shall anything 

in this Act be construed to authorize such officer or employee to do so. 

‘‘SEC. 5522. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS. 

‘‘(a) GENERAL PROHIBITION.—Nothing in this Act shall be construed to authorize 

an officer or employee of the Federal Government directly or indirectly—whether 

through a grant, contract, or cooperative agreement—to mandate, direct, or control 

a State, local educational agency, or school’s curriculum, program of instruction, or 

allocation of State or local resources, or mandate a State or any subdivision thereof 

to spend any funds or incur any costs not paid for under this Act. 

‘‘(b) PROHIBITION ON ENDORSEMENT OF CURRICULUM.—Notwithstanding any other 

prohibition of Federal law, no funds provided to the Department under this Act may 

be used by the Department directly or indirectly—whether through a grant, contract, or cooperative agreement—to endorse, approve, develop, require, or sanction 

any curriculum designed to be used in an elementary school or secondary school. 

‘‘(c) LOCAL CONTROL.—Nothing in this Act shall be construed to— 

‘‘(1) authorize an officer or employee of the Federal Government directly or 

indirectly—whether through a grant, contract, or cooperative agreement—to 

mandate, direct, review, or control a State, local educational agency, or school’s 

instructional content, curriculum, and related activities; 

‘‘(2) limit the application of the General Education Provisions Act; 

‘‘(3) require the distribution of scientifically or medically false or inaccurate 

materials or to prohibit the distribution of scientifically or medically true or accurate materials; or 

‘‘(4) create any legally enforceable right. 

‘‘(d) PROHIBITION ON REQUIRING FEDERAL APPROVAL OR CERTIFICATION OF STANDARDS.—Notwithstanding any other provision of Federal law, no State shall be required to have academic standards approved or certified by the Federal Government, in order to receive assistance under this Act. 

‘‘(e) RULE OF CONSTRUCTION ON BUILDING STANDARDS.—Nothing in this Act shall 

be construed to mandate national school building standards for a State, local educational agency, or school. 

‘‘SEC. 5523. PROHIBITION ON FEDERALLY SPONSORED TESTING. 

‘‘(a) GENERAL PROHIBITION.—Notwithstanding any other provision of Federal law 

and except as provided in subsection (b), no funds provided under this Act to the 

Secretary or to the recipient of any award may be used to develop, pilot test, field 

test, implement, administer, or distribute any federally sponsored national test or 

testing materials in reading, mathematics, or any other subject, unless specifically 

and explicitly authorized by law. 

‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to international comparative assessments developed under the authority of section 153(a)(5) of the Education 

Sciences Reform Act of 2002 and administered to only a representative sample of 

pupils in the United States and in foreign nations. 

‘‘SEC. 5524. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR TEACHERS. 

‘‘(a) MANDATORY NATIONAL TESTING OR CERTIFICATION OF TEACHERS.—Notwithstanding any other provision of this Act or any other provision of law, no funds 

available to the Department or otherwise available under this Act may be used for 

any purpose relating to a mandatory nationwide test or certification of teachers or 


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education paraprofessionals, including any planning, development, implementation, 

or administration of such test or certification. 

‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The Secretary is prohibited from 

withholding funds from any State educational agency or local educational agency if 

the State educational agency or local educational agency fails to adopt a specific 

method of teacher or paraprofessional certification. 

‘‘SEC. 5525. PROHIBITED USES OF FUNDS. 

‘‘No funds under this Act may be used— 

‘‘(1) for construction, renovation, or repair of any school facility, except as authorized under title IV or otherwise authorized under this Act; 

‘‘(2) for medical services, drug treatment or rehabilitation, except for specialized instructional support services or referral to treatment for students who are 

victims of, or witnesses to, crime or who illegally use drugs; 

‘‘(3) for transportation unless otherwise authorized under this Act; 

‘‘(4) to develop or distribute materials, or operate programs or courses of instruction directed at youth, that are designed to promote or encourage sexual 

activity, whether homosexual or heterosexual; 

‘‘(5) to distribute or to aid in the distribution by any organization of legally 

obscene materials to minors on school grounds; 

‘‘(6) to provide sex education or HIV-prevention education in schools unless 

that instruction is age appropriate and includes the health benefits of abstinence; or 

‘‘(7) to operate a program of contraceptive distribution in schools. 

‘‘SUBPART 3—OTHER PROVISIONS

‘‘SEC. 5541. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT RECRUITING 

INFORMATION. 

‘‘(a) POLICY.— ‘‘(1) ACCESS TO STUDENT RECRUITING INFORMATION.—Notwithstanding section 

444(a)(5)(B) of the General Education Provisions Act, each local educational 

agency receiving assistance under this Act shall provide, upon a request made 

by a military recruiter or an institution of higher education, access to the name, 

address, and telephone listing of each secondary school student served by the 

local educational agency, unless the parent of such student has submitted the 

prior consent request under paragraph (2). 

‘‘(2) CONSENT.— ‘‘(A) OPT-OUT PROCESS.—A parent of a secondary school student may submit a written request, to the local educational agency, that the student’s 

name, address, and telephone listing not be released for purposes of paragraph (1) without prior written consent of the parent. Upon receiving such 

request, the local educational agency may not release the student’s name, 

address, and telephone listing for such purposes without the prior written 

consent of the parent. 

‘‘(B) NOTIFICATION OF OPT-OUT PROCESS.—Each local educational agency 

shall notify the parents of the students served by the agency of the option 

to make a request described in subparagraph (A). 

‘‘(3) SAME ACCESS TO STUDENTS.—Each local educational agency receiving assistance under this Act shall provide military recruiters the same access to secondary school students as is provided generally to institutions of higher education or to prospective employers of those students. 

‘‘(4) RULE OF CONSTRUCTION PROHIBITING OPT-IN PROCESSES.—Nothing in this 

subsection shall be construed to allow a local educational agency to withhold access to a student’s name, address, and telephone listing from a military recruiter or institution of higher education by implementing an opt-in process or 

any other process other than the written consent request process under paragraph (2)(A). 

‘‘(5) PARENTAL CONSENT.—For purposes of this subsection, whenever a student 

has attained 18 years of age, the permission or consent required of and the 

rights accorded to the parents of the student shall only be required of and accorded to the student. 

‘‘(b) NOTIFICATION.—The Secretary, in consultation with the Secretary of Defense, 

shall, not later than 120 days after the date of enactment of the Student Success 

Act, notify school leaders, school administrators, and other educators about the requirements of this section. 

‘‘(c) EXCEPTION.—The requirements of this section do not apply to a private secondary school that maintains a religious objection to service in the Armed Forces 

if the objection is verifiable through the corporate or other organizational documents 

or materials of that school. 


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‘‘SEC. 5542. RULEMAKING. 

‘‘The Secretary shall issue regulations under this Act as prescribed under section 

1401 only to the extent that such regulations are necessary to ensure that there is 

compliance with the specific requirements and assurances required by this Act. 

‘‘SEC. 5543. PEER REVIEW. 

‘‘(a) IN GENERAL.—If the Secretary uses a peer review panel to evaluate an application for any program required under this Act, the Secretary shall conduct it in 

accordance with this section. 

‘‘(b) MAKEUP.—The Secretary shall— 

‘‘(1) solicit nominations for peers to serve on the panel from States that are— 

‘‘(A) practitioners in the subject matter; or 

‘‘(B) experts in the subject matter; and 

‘‘(2) select the peers from such nominees, except that there shall be at least 

75 percent practitioners on each panel and in each group formed from the 

panel. 

‘‘(c) GUIDANCE.—The Secretary shall issue the peer review guidance concurrently 

with the notice of the grant. 

‘‘(d) REPORTING.—The Secretary shall— 

‘‘(1) make the names of the peer reviewers available to the public before the 

final deadline for the application of the grant; 

‘‘(2) make the peer review notes publically available once the review has concluded; and 

‘‘(3) make any deviations from the peer reviewers’ recommendations available 

to the public with an explanation of the deviation. 

‘‘(e) APPLICANT REVIEWS.—An applicant shall have an opportunity within 30 days 

to review the peer review notes and appeal the score to the Secretary prior to the 

Secretary making any final determination. 

‘‘(f) PROHIBITION.—The Secretary, and the Secretary’s staff, may not attempt to 

participate in, or influence, the peer review process. No Federal employee may participate in, or attempt to influence the peer review process, except to respond to 

questions of a technical nature, which shall be publicly reported. 

‘‘SEC. 5544. 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 

funded under part B of title III. 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 Act, other than classroom instruction. 

‘‘SEC. 5551. SEVERABILITY. 

‘‘If any provision of this Act is held invalid, the remainder of this Act shall be 

unaffected thereby. 

‘‘SEC. 5552. DEPARTMENT STAFF. 

‘‘The Secretary shall— 

‘‘(1) not later than 60 days after the date of the enactment of the Student Success Act, identify the number of Department employees who worked on or administered each education program and project authorized under this Act, as 

such program or project was in effect on the day before such enactment date, 

and publish such information on the Department’s website; 

‘‘(2) not later than 60 days after such enactment date, identify the number 

of full-time equivalent employees who work on or administer programs or 

projects authorized under this Act, as in effect on the day before such enactment date, that have been eliminated or consolidated since such date; 

‘‘(3) not later than 1 year after such enactment date, reduce the workforce of 

the Department by the number of full-time equivalent employees the Department calculated under paragraph (2); and 

‘‘(4) not later than 1 year after such enactment date, report to the Congress 

on— 

‘‘(A) the number of employees associated with each program or project authorized under this Act administered by the Department; 

‘‘(B) the number of full-time equivalent employees who were determined 

to be associated with eliminated or consolidated programs or projects under 

paragraph (2); and 

‘‘(C) how the Secretary reduced the number of employees at the Department under paragraph (3). 


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‘‘PART F—EVALUATIONS

‘‘SEC. 5601. EVALUATIONS. 

‘‘(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— 

‘‘(1) to conduct— 

‘‘(A) comprehensive evaluations of the program or project; and 

‘‘(B) studies of the effectiveness of the program or project and its administrative impact on schools and local educational agencies; 

‘‘(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 

‘‘(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. 

‘‘(b) TITLE I EXCLUDED.—The Secretary may not reserve under subsection (a) 

funds appropriated to carry out any program authorized under title I. 

‘‘(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.’’. 

(b) TECHNICAL AMENDMENTS.— 

(1) TITLE IX.— 

(A) SUBPART 1 OF PART E OF TITLE V.— 

(i) TRANSFER AND REDESIGNATION.—Sections 9504 through 9506 (20 

U.S.C. 7884; 7885; 7886) are— 

(I) transferred to title V, as amended by subsection (a) of this 

section; 

(II) inserted after section 5503 of such title; and 

(III) redesignated as sections 5504 through 5506, respectively. 

(ii) AMENDMENTS.—Section 5504 (as so redesignated) is amended— 

(I) in subsection (a)(1)(A), by striking ‘‘section 9502’’ and inserting ‘‘section 5502’’; 

(II) in subsection (b), by striking ‘‘section 9501’’ and inserting 

‘‘section 5501’’; and 

(III) in subsection (d), by striking ‘‘No Child Left Behind Act of 

2001’’ and inserting ‘‘Student Success Act’’. 

(B) SUBPART 2 OF PART E OF TITLE V.— 

(i) TRANSFER AND REDESIGNATION.—Sections 9531, 9533, and 9534 

(20 U.S.C. 7911; 7913; 7914) are— 

(I) transferred to title V, as amended by subparagraph (A) of this 

paragraph; 

(II) inserted after section 5525 of such title; and 

(III) redesignated as sections 5526 through 5528, respectively. 

(ii) AMENDMENTS.—Section 5528 (as so redesignated) is amended— 

(I) by striking ‘‘(a) IN GENERAL.—Nothing’’ and inserting ‘‘Nothing’’; and 

(II) by striking subsection (b). 

(C) SUBPART 3 OF PART E OF TITLE V.—Sections 9522, 9523, 9524, and 

9525 (20 U.S.C. 7902; 7903; 7904; 7905) are— 

(i) transferred to title V, as amended by subparagraph (B) of this 

paragraph; 

(ii) inserted after section 5544 of such title; and 

(iii) redesignated as sections 5545 through 5548, respectively. 

(2) TITLE IV.—Sections 4141 and 4155 (20 U.S.C. 7151; 7161) are— 

(A) transferred to title V, as amended by paragraph (1) of this subsection; 

(B) inserted after section 5548 (as so redesignated by paragraph (1)(C)(iii) 

of this subsection); and 

(C) redesignated as sections 5549 and 5550, respectively. 

SEC. 202. REPEAL. 

Title IX (20 U.S.C. 7801 et seq.), as amended by section 201(b)(1) of this title, is 

repealed. 


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SEC. 203. OTHER LAWS. 

Beginning on the date of the enactment of this Act, any reference in law to the 

term ‘‘highly qualified’’ as defined in section 9101 of the Elementary and Secondary 

Education Act of 1965 shall be treated as a reference to such term under section 

9101 of the Elementary and Secondary Education Act of 1965 as in effect on the 

day before the date of the enactment of this Act. 

SEC. 204. AMENDMENT TO IDEA. 

Section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401) 

is amended by striking paragraph (10). 

PURPOSE

H.R. 3989, the Student Success Act, amends the Elementary and 

Secondary Education Act of 1965 to support state and local accountability for public education, provide important information to 

parents on their schools’ and students’ performance, enhance local 

flexibility, protect taxpayers’ investments in education, and 

strengthen state and local autonomy. 

COMMITTEE ACTION

H.R. 3989 is one of the final pieces in a series of legislation the 

Committee on Education and the Workforce has considered in the 

112th Congress to reauthorize the Elementary and Secondary Education Act (ESEA). The bill builds upon the committee’s efforts to 

examine federal investments and reduce the federal role in elementary and secondary education programs. 

108TH CONGRESS

Hearings—first session 

On September 29, 2003, the Committee on Education and the 

Workforce Subcommittee on Education Reform held a field hearing 

in Denver, CO, on ‘‘Keeping Schools Safe—the Implementation of 

No Child Left Behind’s Persistently Dangerous Schools Provision.’’ 

The purpose of the hearing was to learn how the implementation 

of the ‘‘persistently dangerous schools’’ provision, which allows parents to transfer their children out of dangerous schools, impacted 

schools, and communities. Testifying before the subcommittee were: 

Mr. William J. Moloney, Commissioner of Education, Colorado Department of Education, Denver, CO; Mr. David B. Smith, Director 

of Prevention Initiatives, Colorado Department of Education, Denver, CO; The Honorable Bob Schaffer, President, Colorado Alliance 

for Reform in Education, Denver, CO; Ms. Gloria Zradicka, Policy 

Analyst, Education Commission of the States, Denver, CO; Senator 

John K. Andrews, Jr., President of the Senate, Colorado State Senate, Denver, CO; and Ms. Vicki Ware, Parent, Denver, CO. 

On October 20, 2003, the Committee on Education and the Workforce Subcommittee on Education Reform held a field hearing in 

Taylors, SC, on ‘‘No Child Left Behind’s Education Choice Provisions: Are States and School Districts Giving Parents the Information They Need?’’ The purpose of the hearing was to discuss how 

the public school choice and supplemental education services provisions in the No Child Left Behind Act were being implemented at 

the state and local level. Testifying before the subcommittee were: 

Ms. Nina S. Rees, Deputy Under Secretary, Office of Innovation 

and Improvement, U.S. Department of Education, Washington, DC; 

Mrs. Wanda Rushing-Jones, Coordinator, Federal Programs Unit, 


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South Carolina Department of Education, Columbia, SC; Dr. William E. Harner, Superintendent, Greenville County School District, 

Greenville, SC; Mr. George Waggoner, Parent, retired Tech. Sergeant (E6), U.S. Air Force, Greenville, SC; and Dr. Dana Jeffrey, 

Vice President of Strategic Sales, Lightspan, Denver, CO. 

Second session 

On March 3, 2004, the Committee on Education and the Workforce held a hearing in Washington, DC, on ‘‘No Child Left Behind: 

Improving Results for Children with Disabilities.’’ The purpose of 

the hearing was to gain insight into the importance of including 

students with disabilities in state accountability systems under No 

Child Left Behind. Testifying before the committee were: Ms. Ricki 

Sabia, Parent, Associate Director of Public Policy, National Down 

Syndrome Society, Silver Spring, MD; Dr. Jane Rhyne, Assistant 

Superintendent for Exceptional Children, Charlotte-Mecklenburg 

Schools, Charlotte, NC; Dr. Pia Durkin, Superintendent of Schools, 

Narragansett School System, Narragansett, RI; and Dr. Martha 

Thurlow, Director, National Center on Education Outcomes, University of Minnesota, Minneapolis, MN. 

On March 8, 2004, the Committee on Education and the Workforce held a field hearing in Columbus, OH, on ‘‘The Status of No 

Child Left Behind Implementation in Ohio.’’ The purpose of the 

hearing was to gain local insights into the implementation and consequences of No Child Left Behind. Testifying before the committee 

were: Mr. Ron Tomalis, Counselor to the Secretary, U.S. Department of Education, Washington, DC; Dr. Richard A. Ross, Superintendent, Reynoldsburg City Schools, Reynoldsburg, OH; Dr. Howard Fleeter, Partner, Levin, Driscoll & Fleeter, Columbus, OH; and 

Mr. Ted Rebarber, President, Accountability Works, Washington, 

DC. 

On April 15, 2004, the Committee on Education and the Workforce held a field hearing in Augusta, GA, on ‘‘No Child Left Behind: Improving Academic Achievement Through Flexibility & Accountability for Schools.’’ The purpose of the hearing was to gain 

local perspectives on the implementation and consequences of No 

Child Left Behind. Testifying before the committee were: Dr. Gene 

Hickok, Under Secretary of Education, U.S. Department of Education, Washington, DC; Ms. Kathy Cox, Superintendent of Schools, 

State of Georgia, Atlanta, GA; and Dr. Jeff McDaniel, Director of 

School Improvement & Federal Programs, Floyd County Board of 

Education, Rome, GA. 

On April 21, 2004, the Committee on Education and the Workforce held a hearing in Washington, DC, on ‘‘The Importance of 

Highly Qualified Teachers in Raising Academic Achievement.’’ The 

purpose of the hearing was to discuss the importance of highly 

qualified teachers in improving academic achievement for all students regardless of race, income, geography, English fluency, or disability. Testifying before the committee were: Ms. Gaynor McCown, 

Executive Director, The Teaching Commission, New York, NY; Mr. 

Kurt Landgraf, President and CEO, Educational Testing Service, 

Princeton, NJ; Mr. Ross Wiener, Policy Director, The Education 

Trust, Washington, DC; Ms. Eileen Mitchell, Elementary School 

Teacher, P.S. 31—the William T. Davis School, Staten Island, NY; 

and Mr. Tracey Bailey, 1993 National Teacher of the Year, Director 


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of National Projects, Association of American Educators, Fredericksburg, VA. 

On May 24, 2004, the Committee on Education and the Workforce Subcommittee on 21st Century Competitiveness held a field 

hearing in Las Vegas, NV, on ‘‘H.R. 2649, the Schools Safely Acquiring Faculty Excellence Act of 2003.’’ The purpose of this legislative hearing was to gain local perspectives on the Schools Safely 

Acquiring Faculty Excellence Act of 2003. Testifying before the subcommittee were: Dr. George Ann Rice, Associate Superintendent, 

Human Resources Division, Clark County Schools, Las Vegas, NV; 

Ms. Carol Lark, Principal, C.P. Squires Elementary School, North 

Las Vegas, NV; and Mrs. D.J. Stutz, President, Nevada State PTA, 

member, Board of the National PTA, Las Vegas, NV. 

On May 27, 2004, the Committee on Education and the Workforce Subcommittee on 21st Century Competitiveness held a field 

hearing in Phoenix, AZ, on ‘‘Highly Qualified Teachers and Raising 

Student Achievement.’’ The purpose of the hearing was to discuss 

the importance of highly qualified teachers in improving academic 

achievement for all students regardless of race, income, geography, 

English-fluency, or disability. Testifying before the subcommittee 

were: Mr. Raymond Simon, Assistant Secretary, Office of Elementary and Secondary Education, U.S. Department of Education, 

Washington, DC; Dr. Karen Butterfield, Deputy Associate Superintendent, Innovative and Exemplary Programs, Arizona Department of Education, Phoenix, AZ; Dr. Laura Palmer Noone, President, University of Phoenix, Phoenix, AZ; and Dr. Lewis C. Solmon, 

Executive Vice President and Director, Teacher Advancement Programs, Milken Family Foundation, Santa Monica, CA. 

On June 23, 2004, the Committee on Education and the Workforce held a hearing in Washington, DC, on ‘‘No Child Left Behind: 

Raising Student Achievement in America’s Big City Schools.’’ The 

purpose of the hearing was to look at how No Child Left Behind 

was helping improve student academic achievement in the nation’s 

urban schools. Testifying before the committee were: Dr. Michael 

D. Casserly, Executive Director, Council of Great City Schools, 

Washington, DC; Dr. Margaret Raymond, Director, Center for Research on Education Outcomes, Hoover Institution, Stanford University, Stanford, CA; Mr. Paul Vallas, Chief Executive Officer, 

School District of Philadelphia, Philadelphia, PA; and Dr. Marcus 

Newsome, Superintendent, Newport News County Public Schools, 

Newport News, VA. 

On September 28, 2004, the Committee on Education and the 

Workforce Subcommittee on 21st Century Competitiveness held a 

hearing in Washington, DC, on ‘‘H.R. 2649, the Schools Safely Acquiring Faculty Excellence Act.’’ The purpose of this legislative 

hearing was to hear testimony on H.R. 2649, the Schools Safely Acquiring Faculty Excellence Act of 2003. Testifying before the subcommittee were: Ms. Barbara Belak, Assistant to the Associate Superintendent for Human Resources, Clark County Schools, Las 

Vegas, NV; Ms. Donna Uzzell, Director, Criminal Justice Information Services, Florida Department of Law Enforcement, Tallahassee, FL; Dr. William Dean, Superintendent, Frederick County Public Schools, Winchester, VA; and Chief Butch Asselin, Member, 

Fight Crime: Invest in Kids, Washington, DC. 


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109TH CONGRESS

Hearings—first session 

On April 26, 2005, the Committee on Education and the Workforce held a hearing in Washington, DC, on ‘‘No Child Left Behind: 

Supplemental Tutoring for Children in Underachieving Schools.’’ 

The purpose of the hearing was to examine strategies for maintaining high expectations of tutoring providers offering federally funded 

supplemental educational services, while also ensuring federal tutoring funds are spent responsibly. Testifying before the committee 

were: Ms. Donna Nola-Ganey, Assistant Superintendent, Office of 

School and Community Support, Louisiana Department of Education, Baton Rouge, LA; Mr. Kevin Teasley, Founder and President, GEO Foundation, Indianapolis, IN; Mr. Jeffrey Cohen, President, Catapult Learning, Inc., Baltimore, MD; and Ms. Beth Swanson, Director, Office of After School and Community Programs, Chicago Public Schools, Chicago, IL. 

On May 17, 2005, the Committee on Education and the Workforce held a hearing in Washington, DC, on ‘‘High School Reform: 

Examining State and Local Efforts.’’ The purpose of the hearing 

was to examine state and local strategies for reforming high 

schools. Testifying before the committee were: The Honorable W. 

Mitt Romney, Governor, Commonwealth of Massachusetts, Boston, 

MA; and The Honorable Thomas Vilsack, Governor, State of Iowa, 

Des Moines, IA. 

On May 19, 2005, the Committee on Education and the Workforce Subcommittee on 21st Century Competitiveness held a hearing in Washington, DC, on ‘‘Challenges to American Competitiveness in Math and Science.’’ The purpose of the hearing was to learn 

about the challenges to American competitiveness in math and 

science. Testifying before the subcommittee were: Mr. Norm Augustine, retired Chairman and Chief Executive Officer, Lockheed Martin Corporation, Bethesda, MD; Dr. Thomas Magnanti, Dean, 

School of Engineering, Massachusetts Institute of Technology, 

Cambridge, MA; Ms. June Streckfus, Executive Director, Maryland 

Business Roundtable for Education, Baltimore, MD; and Dr. Nancy 

Songer, Professor of Science Education and Learning Technologies, 

University of Michigan, Ann Arbor, MI. 

On June 9, 2005, the Committee on Education and the Workforce 

Subcommittee on Education Reform held a hearing in Washington, 

DC, on ‘‘The Role of Non-Profit Organizations in State and Local 

High School Reform Efforts.’’ The purpose of the hearing was to 

gain perspectives on the role of non-profit organizations in state 

and local high school reform efforts. Testifying before the subcommittee were: Mr. Tom Vander Ark, Executive Director, Education, Bill and Melinda Gates Foundation, Seattle, WA; Ms. Deborah Howard, Program Director, School Improvement, 

KnowledgeWorks Foundation, Cincinnati, OH; and Mr. Andres 

Henriquez, Program Officer, Education Division, Carnegie Corporation of New York, New York, NY. 

On June 28, 2005, the Committee on Education and the Workforce Subcommittee on Education Reform held a hearing in Washington, DC, on ‘‘How the Private Sector is Helping States and Communities Improve High School Education.’’ The purpose of the 

hearing was to examine how the private sector is helping states 


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and communities improve high school education. Testifying before 

the subcommittee were: Mr. Bill A. Shore, Director of U.S. Community Partnerships, GlaxoSmithKline, Research Triangle Park, NC; 

Ms. Sarah Revi Sterling, Program Manager, University Relations, 

Microsoft Corporation, Redmond, WA; Mr. Mike Watson, Vice 

Chairman, BellSouth Foundation, Atlanta, GA; and Dr. Phyllis 

Hudecki, Executive Director, Oklahoma Business and Education 

Coalition, Oklahoma City, OK. 

On September 29, 2005, the Committee on Education and the 

Workforce held a hearing in Washington, DC, on ‘‘Closing the 

Achievement Gap in America’s Schools: the No Child Left Behind 

Act.’’ The purpose of the hearing was to examine strategies for closing the achievement gap in America’s schools. Testifying before the 

committee were: The Honorable Margaret Spellings, Secretary of 

Education, U.S. Department of Education, Washington, DC; Dr. 

Deborah Jewell-Sherman, Superintendent, Richmond Public 

Schools, Richmond, VA; and Ms. Kati Haycock, Director, The Education Trust, Washington, DC. 

On November 17, 2005, the Committee on Education and the 

Workforce Subcommittee on Education Reform held a hearing in 

Washington, DC, on ‘‘Combating Methamphetamines Through Prevention and Education.’’ The purpose of the hearing was to examine the federal role in shaping a response to the methamphetamine 

problem through the Safe and Drug Free Schools and Communities 

Act and other federal programs. Testifying before the subcommittee 

were: The Honorable Mark Souder, U.S. House of Representatives, 

Third District, Indiana; The Honorable Darlene Hooley, U.S. House 

of Representatives, Fifth District, Oregon; The Honorable Mary 

Ann Solberg, Deputy Director, Office of National Drug Control Policy, Executive Office of the President, Washington, DC; Dr. Richard 

Spoth, Director, Partnerships in Prevention Science Institute, Iowa 

State University, Ames, IA; The Honorable John Icenogle, District 

Judge, District 9, Buffalo County, NE; and Ms. Cristi Cain, State 

Coordinator, Kansas Methamphetamine Prevention Project, Topeka, KS. 

Second session 

On May 3, 2006, the Committee on Education and the Workforce 

held a hearing in Washington, DC, on ‘‘Building American Competitiveness: Examining the Scope and Success of Existing Federal 

Math and Science Programs.’’ The purpose of the hearing was to 

examine federal math and science programs and learn about their 

impact and effectiveness. Testifying before the committee were: 

The Honorable Tom Luce, Assistant Secretary, Office of Planning, 

Evaluation, and Policy Development, U.S. Department of Education, Washington, DC; Ms. Cornelia Ashby, Director of Education, Workforce, and Income Security Issues, U.S. Government 

Accountability Office, Washington, DC; and Mr. Bill Archey, President and Chief Executive Officer, American Electronics Association, 

Washington, DC. 

On May 18, 2006, the Committee on Education and the Workforce held a hearing in Washington, DC, on ‘‘No Child Left Behind: 

How Innovative Educators Are Integrating Subject Matter to Improve Student Achievement.’’ The purpose of the hearing was to examine what methods are being employed to integrate math and 


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reading instruction into the general education curriculum with the 

intent of improving student achievement. Testifying before the 

committee were: Mr. Garrett W. Lydic, 2006 State Teacher of the 

Year, North Laurel Elementary School, Laurel, DE; Mr. Rick Holt, 

Principal, Lewiston K–8 School, Lewiston, MI; Dr. Mickey Garrison, Principal, Fullerton IV Elementary School, Roseburg, OR; Ms. 

Betsy Ablott, Teacher, Science Focus School, Arlington, VA; and 

Mr. Ray Zeigler, Co-Director, Maryland Artist/Teacher Institute, 

Maryland State Department of Education, Baltimore, MD. 

On June 13, 2006, the Committee on Education and the Workforce held a hearing in Washington, DC, on ‘‘No Child Left Behind: 

Disaggregating Student Achievement by Subgroups to Ensure All 

Students Are Learning.’’ The purpose of the hearing was to examine the consequences of disaggregating student achievement data 

by subgroups. Testifying before the committee were: The Honorable 

Raymond Simon, Deputy Secretary of Education, U.S. Department 

of Education, Washington, DC; Dr. Cynthia Kuhlman, Principal, 

Centennial Place Elementary School, Atlanta, GA; Dr. Ronald A. 

Peiffer, Deputy State Superintendent, Maryland State Department 

of Education, Baltimore, MD; and Mr. John C. Brittain, Chief 

Counsel and Deputy Director, Lawyers Committee for Civil Rights 

Under Law, Washington, DC. 

On July 12, 2006, the Committee on Education and the Workforce held a hearing in Washington, DC, on ‘‘No Child Left Behind: 

Ensuring High Academic Achievement for Limited English Proficient Students and Students with Disabilities.’’ The purpose of the 

hearing was to examine how students with disabilities and limited 

English proficient students are evaluated, how effective those evaluation measures are, and whether there is enough flexibility granted to states and school districts by the Department of Education 

with regard to these student subgroups. Testifying before the committee were: Ms. Rachel Quenemoen, Senior Research Fellow, National Center on Educational Outcomes, University of Minnesota, 

Minneapolis, MN; Mr. Don Soifer, Executive Vice President, Lexington Institute, Arlington, VA; Ms. Margaret McLeod, Executive 

Director, Office of Bilingual Education, District of Columbia Public 

Schools, Washington, DC; Ms. Kristine Neuber, Doctoral Student, 

Graduate School of Education, George Mason University, Fairfax, 

VA; and Mr. Keith Buchanan, Office Coordinator, English for 

Speakers of Other Languages, Fairfax County Public Schools, Falls 

Church, VA. 

On July 27, 2006, the Committee on Education and the Workforce held a hearing in Washington, DC, on ‘‘No Child Left Behind: 

Can Growth Models Ensure Improved Education for All Students.’’ 

The purpose of the hearing was to evaluate the implications of 

using growth models to determine if schools are making adequate 

yearly progress under No Child Left Behind. Testifying before the 

committee were: Ms. Marlene S. Shaul, Director, Education, Workforce, and Income Security Issues, U.S. Government Accountability 

Office, Washington, DC; Mr. Joel I. Klein, Chancellor, New York 

City Department of Education, New York, NY; Mr. Reg Weaver, 

President, National Education Association, Washington, DC; Ms. 

Katie Haycock, Director, The Education Trust, Washington, DC; 

and Dr. William L. Sanders, Senior Manager, Value-Added Assessment and Research, SAS Institute Inc., Cary, NC. 


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On August 28, 2006, the Committee on Education and the Workforce Subcommittee on Education Reform held a field hearing in 

Chicago, IL, on ‘‘No Child Left Behind: Successes and Challenges 

of Implementation in Urban and Suburban Schools.’’ The purpose 

of the hearing was to discuss what improvements could be made 

to assist the implementation of No Child Left Behind in urban and 

suburban schools. Testifying before the subcommittee were: Dr. 

Henry Johnson, Assistant Secretary, U.S. Department of Education, Washington, DC; Mr. Arne Duncan, Chief Executive Officer, 

Chicago Public Schools, Chicago, IL; Dr. Darlene J. Ruscitti, Regional Superintendent, DuPage Regional Office of Education, 

Wheaton, IL; Dr. Paul Kimmelman, Senior Advisor, Office of the 

Chief Executive Officer, Learning Point Associates, Naperville, IL; 

and Ms. Dianne Piche, Executive Director, Citizens’ Commission on 

Civil Rights, Washington, DC. 

On September 21, 2006, the Committee on Education and the 

Workforce held a hearing in Washington, DC, on ‘‘No Child Left 

Behind: How Can We Increase Parental Awareness of Supplemental Education Services?’’ The purpose of the hearing was to examine the challenges and successes of implementation of the supplemental educational services provisions under the No Child Left 

Behind Act. Testifying before the committee were: Mr. Morgan 

Brown, Assistant Deputy Secretary, Office of Innovation and Improvement, U.S. Department of Education, Washington, DC; Ms. 

Cornelia Ashby, Director, Education, Workforce, and Income Security Issues, U.S. Government Accountability Office, Washington, 

DC; Dr. Stephen Barr, Associate Superintendent, Center for School 

Improvement, Ohio Department of Education, Columbus, OH; Ms. 

Erica Harris, Manager, Academic After School Programs, Chicago 

Public Schools, Chicago, IL; Dr. Barbara Anderson, Vice President 

of Education, Knowledge Learning Corporation, School Partnerships, Washington, DC; and Ms. Monique Dollonne, Parent of a 

Supplemental Educational Services Student, Ventura, CA. 

Legislative action—first session 

On October 7, 2005, Rep. John Boehner (R–OH), Rep. Tom 

DeLay (R–TX), Rep. Roy Blunt (R–MO), Rep. Sam Johnson (R–TX), 

Rep. John Kline (R–MN), Rep. Kenny Marchant (R–TX), Rep. Virginia Foxx (R–NC), Rep. Chris Chocola (R–IN), Rep. John Doolittle 

(R–CA), Rep. Jeff Flake (R–AZ), Rep. Trent Franks (R–AZ), Rep. 

Patrick McHenry (R–NC), Rep. Mike Pence (R–IN), Rep. Pete Sessions (R–TX), Rep. John Shadegg (R–AZ), and Rep. Todd Tiahrt 

(R–KS) introduced H.R. 4018, the Setting Priorities in Spending 

Act of 2005. The bill repealed 14 ineffective elementary and secondary education programs, including: Ready to Learn Television; 

Star Schools Act; Ready to Teach; Foreign Language Assistance Act 

of 2001; Community Technology Centers; Educational, Cultural, 

Apprenticeship, and Exchange Programs for Alaska Natives, Native Hawaiians, and their Historical Whaling and Trading Partners 

in Massachusetts; Arts in Education; and Women’s Educational 

Equity. 


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110TH CONGRESS

Hearings—first session 

On March 13, 2007, the Committee on Education and Labor held 

a joint hearing with the Senate Committee on Health, Education, 

Labor and Pensions in Washington, DC, on ‘‘Elementary and Secondary Education Act Reauthorization: Improving NCLB to Close 

the Achievement Gap.’’ The purpose of the hearing was to examine 

methods for closing the achievement gap and approaching reauthorization of the Elementary and Secondary Education Act. Testifying before the committees were: Mr. Roy Barnes, Co-Chair, Aspen 

Institute Commission on No Child Left Behind and former Governor of Georgia, Washington, DC; Ms. Elizabeth Burmaster, President, Council of Chief State School Officers, Madison, WI; Mr. Michael Casserly, Executive Director, Council of Great City Schools, 

Washington, DC; Mr. Wade J. Henderson, President and Chief Executive Officer, Leadership Conference on Civil Rights, Washington, DC; Mr. Edward J. McElroy, President, American Federation of Teachers, Washington, DC; Mr. Arthur J. Rothkopf, Senior 

Vice President, Business Coalition for Student Achievement, Washington, DC; and Mr. Reg Weaver, President, National Education 

Association, Washington, DC. 

On March 21, 2007, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘ESEA Reauthorization: Options 

for Improving NCLB’s Measures of Progress.’’ The purpose of the 

hearing was to discuss options for reforming the current definition 

of adequate yearly progress. Testifying before the committee were: 

Dr. Harold C. Doran, Senior Research Scientist, American Institutes for Research, Washington, DC; Dr. Chrys Dougherty, Director 

of Research, National Center for Educational Accountability, Austin, TX; Mr. Peter McWalters, Commissioner, Rhode Island Department of Education, Providence, RI; Mr. Allan Olson, Co-Founder 

and Chief Academic Officer, Northwest Evaluation Association, 

Lake Oswego, OR; and Ms. Valerie Woodruff, Secretary, Delaware 

Department of Education, Dover, DE. 

On March 23, 2007, the Committee on Education and Labor Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing in Washington, DC, on ‘‘Impact of NCLB on 

English Language Learners.’’ The purpose of the hearing was to 

learn how NCLB is working for English Language Learner students and what needs to be done to improve student achievement. 

Testifying before the subcommittee were: Ms. Cornelia M. Ashby, 

Director, Education, Workforce, and Income Security Issues, U.S. 

Government Accountability Office, Washington, DC; Dr. Beverly L. 

Young, Assistant Vice Chancellor, Teacher Education and Public 

School Program, California State University, Long Beach, CA; Mr. 

Peter Zamora, Regional Counsel, Mexican American Legal Defense 

and Educational Fund, Washington, DC; Ms. Francisca Sa ́nchez, 

Assistant Superintendent for Curriculum and Instruction, San 

Bernardino County Superintendent of Schools, San Bernardino, 

CA; and Ms. Marta Guzma ́n, Principal, Oyster Bilingual Elementary School, Washington, DC. 

On March 29, 2007, the Committee on Education and Labor Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing in Washington, DC, on ‘‘How NCLB Affects 


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Students with Disabilities.’’ The purpose of the hearing was to determine how students with disabilities are affected by certain provisions under No Child Left Behind. Testifying before the subcommittee were: Dr. Rebecca H. Cort, Deputy Commissioner, Office 

of Vocational and Educational Services for Individuals with Disabilities, New York State Department of Education, Albany, NY; 

Dr. Michael L. Hardman, Professor and Chair, Department of Special Education and Department of Teaching and Learning, University of Utah, Salt Lake City, UT; Dr. William Henderson, Principal, 

O’Hearn Elementary School, Boston, MA; Ms. Rachel Quenemoen, 

Technical Assistance Team Leader, National Center on Education 

Outcomes, University of Minnesota, Minneapolis, MN; and Dr. 

Jane Rhyne, Assistant Superintendent, Programs for Exceptional 

Children, Charlotte-Mecklenburg School System, Charlotte, NC. 

On April 12, 2007, the Committee on Education and Labor Subcommittee on Early Childhood, Elementary, and Secondary Education held a field hearing in Flint, MI, on ‘‘Local Perspectives on 

the No Child Left Behind Act.’’ The purpose of the hearing was to 

gain local perspectives on the No Child Left Behind Act. Testifying 

before the subcommittee were: Mr. Steve Burroughs, President, 

United Teachers of Flint, on behalf of the National Education Association, Flint, MI; Ms. Andrea Debardelaben, Parent, Flint, MI; Mr. 

Jan D. Russell, Assistant Superintendent, Genesee Intermediate 

School District, Flint, MI; Mr. David Solis, Director of State, Federal, and Local Programs, on behalf of Dr. Walter Milton Jr., Superintendent, Flint Community Schools, Flint, MI; and Mr. Donald 

Tilley, Social Studies Department Chair, Central High School, 

Flint, MI. 

On April 18, 2007, the Committee on Education and Labor Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing in Washington, DC, on ‘‘Supplemental Education Services Under the No Child Left Behind Act: How to Improve Quality and Access.’’ The purpose of the hearing was to understand how supplemental education services are working and 

whether they can be better implemented or improved. Testifying 

before the subcommittee were: Ms. Cornelia M. Ashby, Director, 

Education, Workforce, and Income Security Issues, U.S. Government Accountability Office, Washington, DC; Ms. Ann E. Chafin, 

Assistant State Superintendent for Student, Family, and School 

Support, Maryland State Department of Education, Baltimore, MD; 

Ms. Ruth D. Murray, Director, Federal Grants, Newport News Public Schools, Newport News, VA; Ms. Dianne M. Piche ́, Executive Director, Citizens’ Commission on Civil Rights, Washington, DC; and 

Ms. Monica M. Roberts, Director, Office of Federal and State Programs, Boston Public Schools, Boston, MA. 

On April 20, 2007, the Committee on Education and Labor held 

a hearing in Washington, DC, on ’’Mismanagement and Conflicts of 

Interest in the Reading First Program.’’ The purpose of the hearing 

was to investigate instances of mismanagement and uncover conflicts of interest in the Reading First Program. Testifying before 

the committee were: Mr. Christopher J. Doherty, former Program 

Director, Reading First, U.S. Department of Education, Washington, DC; Dr. Roland Good, Associate Professor, University of Oregon, Eugene, OR; Mr. John P. Higgins, Inspector General, U.S. 

Department of Education, Washington, DC; Dr. Edward Kame’enui, 


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Commissioner of the National Center for Special Education Research, U.S. Department of Education, Washington, DC; Ms. Starr 

Lewis, Associate Commissioner, Kentucky Department of Education, Frankfort, KY; and Dr. Deborah C. Simmons, Professor of 

Special Education, Texas A&M University, College Station, TX. 

On April 23, 2007, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘NCLB: Preventing Dropouts and 

Enhancing School Safety.’’ The purpose of the hearing was to examine strategies for preventing dropouts and listening to testimony on 

how to improve school safety. Testifying before the committee were: 

Dr. Marı ́a Robledo Montecel, Executive Director, Intercultural Development Research Association, San Antonio, TX; Dr. Jane Norwood, Vice-Chair, North Carolina State Board of Education, Raleigh, NC; Mr. Kenneth M. Smith, President, Jobs for America’s 

Graduates, Alexandria, VA; Mr. Kenneth S. Trump, President and 

Chief Executive Officer, National School Safety and Security Services, Inc., Cleveland, OH; and The Honorable Bob Wise, President, 

Alliance for Excellent Education and former Governor of West Virginia, Washington, DC. 

On April 27, 2007, the Committee on Education and Labor Subcommittee on Early Childhood, Elementary, and Secondary Education held a field hearing in San Rafael, CA, on ‘‘Improving the 

No Child Left Behind Act’s Accountability System.’’ The purpose of 

the hearing was to gain local perspectives on accountability provisions within No Child Left Behind. Testifying before the subcommittee were: Ms. Melanie Blake, Teacher, Sonoma Valley High 

School, Sonoma, CA; Mr. Pepe Gonzalez, Vice Principal, Venetia 

Valley K–8 School, San Rafael, CA; Dr. Sharon E. Liddell, Superintendent, Santa Rosa City Schools, Santa Rosa, CA; Ms. Elizabeth 

W. Schott, Principal, McDowell Elementary School, Petaluma, CA; 

and Dr. Fred Tempes, Senior Program Director, WestEd, San Francisco, CA. 

On April 28, 2007, the Committee on Education and Labor Subcommittee on Early Childhood, Elementary, and Secondary Education held a field hearing in Sacaton, AZ, on ‘‘The No Child Left 

Behind Act’s Impact on Indian Education.’’ The purpose of the 

hearing was to explore how certain provisions of No Child Left Behind affect Indian Education. Testifying before the subcommittee 

were: Dr. Roger Bordeaux, Director, Association of Community 

Tribal Schools, Agency Village, SD; Dr. Willard S. Gilbert, President-elect, National Indian Education Association, Washington, 

DC; Mr. Tom Miller, Member, Board of Directors, Sault Ste. Marie 

Tribe of Chippewa Indians, Sault Ste. Marie, MI; Mr. William R. 

Rhodes, Governor, Gila River Indian Community, Sacaton, AZ; and 

Mr. Wendsler Nosie, Sr., Chairman, San Carlos Apache Tribe, San 

Carlos, AZ. 

On May 10, 2007, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘Accountability for the Department of Education’s Oversight of Student Loans and the Reading 

First Program.’’ The purpose of the hearing was to investigate unethical practices in the student loan industry and the Reading First 

program. Testifying before the committee was The Honorable Margaret Spellings, Secretary, U.S. Department of Education, Washington, DC. 


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On May 11, 2007, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘ESEA Reauthorization: Boosting 

Quality in the Teaching Profession.’’ The purpose of the hearing 

was to examine methods of ensuring teacher quality in every classroom. Testifying before the committee were: Ms. Joan Bibeau, 

Member, Education Minnesota, Teacher, Eagleville Elementary 

School, Leech Lake Reservation, MN; Dr. Joseph P. Burke, Superintendent of Schools, Springfield Public Schools, Springfield, MA; 

Dr. Jack D. Dale, Superintendent, Fairfax County Public Schools, 

Fairfax, VA; Mr. Joel I. Klein, Chancellor, New York City Department of Education, New York, NY; Ms. Valdine McLean, Teacher, 

Pershing County High School, Lovelock, NV; Mr. John D. Podesta, 

President and Chief Executive Officer, Center for American 

Progress, Washington, DC; Dr. Gary W. Ritter, Associate Professor, 

Endowed Chair in Education Policy, Department of Education Reform, College of Education and Health Professions, University of 

Arkansas, Fayetteville, AR; and Dr. Jarvis Sanford, Principal, 

Dodge Renaissance Academy, Chicago, IL. 

On May 14, 2007, the Committee on Education and Labor Subcommittee on Early Childhood, Elementary, and Secondary Education held a field hearing in King of Prussia, PA, on ‘‘Examining 

Local Perspectives on the No Child Left Behind Act.’’ The purpose 

of the hearing was to gain local perspectives on the consequences 

of No Child Left Behind. Testifying before the subcommittee were: 

Dr. Leslye S. Abrutyn, Superintendent, Penn Delco School District, 

Aston, PA; Dr. Theodore Hershberg, Public Policy and History Director, Center for Greater Philadelphia and Operation Public Education, University of Pennsylvania, Philadelphia, PA; Mr. Joe Howell, Principal, Norristown Area High School, Norristown, PA; Mr. 

Stephen Kozol, Chair, Department of Social Studies, Upper Merion 

Area High School, King of Prussia, PA; and Mr. Anthony C. Stevenson, incoming Principal, Radnor Middle School, Radnor Township, PA. 

On May 17, 2007, the Committee on Education and Labor Subcommittee on Higher Education, Lifelong Learning, and Competitiveness held a hearing in Washington, DC, on ‘‘Preparing Teachers 

for the Classroom: The Role of the Higher Education Act and No 

Child Left Behind.’’ The purpose of the hearing was to examine the 

role the federal government can play in preparing teachers for the 

classroom. Testifying before the subcommittee were: Dr. Daniel 

Fallon, Director, Program in Higher Education, Carnegie Corporation of New York, New York, NY; Dr. Emily Feistritzer, President, 

National Center for Alternative Certification and the National Center for Education Information, Washington, DC; Dr. Sharon P. Robinson, President and Chief Executive Officer, American Association 

of Colleges for Teacher Education, Washington, DC; Mr. George A. 

Scott, Director, Education, Workforce, and Income Security Issues, 

U.S. Government Accountability Office, Washington, DC; and Dr. 

Janice Wiley, Deputy Director, Region One Education Service Center, Edinburg, TX. 

On June 7, 2007, the Committee on Education and Labor Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing in Washington, DC, on ‘‘Reauthorization of 

the Elementary and Secondary Education Act: Current and Prospective Flexibility under the No Child Left Behind Act.’’ The purVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00099 Fmt 6659 Sfmt 6602 E:\HR\OC\HR458.XXX HR458

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pose of the hearing was to hear perspectives on flexibility under No 

Child Left Behind. Testifying before the subcommittee were: Mr. 

Chester E. Finn, Jr., President, Thomas B. Fordham Institute, 

Washington, DC; Mr. Jack Jennings, President, Center on Education Policy, Washington, DC; Dr. Carol Johnson, Superintendent, 

Memphis City Schools, Memphis, TN; The Honorable Rick Melmer, 

Secretary, South Dakota Department of Education, Pierre, SD; and 

Ms. Kathleen N. Straus, President, Michigan State Board of Education, Lansing, MI. 

On September 10, 2007, the Committee on Education and Labor 

held a hearing in Washington, DC, on ‘‘Reauthorization of the Elementary and Secondary Education Act of 1965.’’ The purpose of the 

hearing was to gain feedback on proposed legislation to reauthorize 

the Elementary and Secondary Education Act. Testifying before the 

committee were: Ms. Germaine Brown, Teacher, Stewart Street Elementary School, Gadsden County, FL; Mr. Barry Stark, Principal, 

Norris Middle School, Firth, NE; Mr. Jack Jennings, President, 

Center for Education Policy, Washington, DC; Dr. Linda DarlingHammond, Charles Ducommun Professor of Education, Stanford 

University, Stanford, CA; Mr. John Podesta, President and Chief 

Executive Officer, Center for American Progress, Washington, DC; 

Ms. Andrea Messina, Commissioner, Aspen Institute Commission 

on NCLB, Washington, DC; Mr. Kevin Carey, Research and Policy 

Manager, Education Sector, Washington, DC; Dr. Billy Cannaday, 

Superintendent of Public Instruction, Virginia Department of Education, Richmond, VA; The Honorable Bob Wise, President, Alliance for Excellent Education, Washington, DC; Ms. Adria Steinberg, Assistant Vice President of Youth Transition, Jobs for the Future, Boston, MA; Mr. James McPartland, Principal Research Scientist, Center for Social Organization of Schools, John Hopkins 

University, Baltimore, MD; Mr. Brian Gong, Executive Director, 

Center for Assessment, Dover, NH; Mr. Mike Cohen, President, 

Achieve Inc., Washington, DC; Ms. Janet Bray, Director, Association for Career and Technical Education, Alexandria, VA; Ms. 

Nancy Zirkin, Vice President and Director of Public Policy, Leadership Conference on Civil Rights, Washington, DC; Mr. Peter 

Zamora, Regional Counsel, Mexican American Legal Defense and 

Educational Fund, Washington, DC; Ms. Stephanie Jones, Executive Director, The Urban League, Washington, DC; Mr. Dan Losen, 

Senior Education Law and Policy Associate, The Civil Rights 

Project, Los Angeles, CA; Ms. Dianne Piche, Executive Director, 

Citizens Commission on Civil Rights, Washington, DC; Ms. Delia 

Pompa, Vice President of Education Programs, National Council of 

La Raza, Washington, DC; Ms. Katie Neas, Director of Congressional Relations, Easter Seals, Washington, DC; Ms. Myrna 

Mandlawitz, Policy Director, Learning Disabilities Association of 

America, Washington, DC; Mr. Jon Schnur, Chief Executive Officer 

and Co-Founder, New Leaders for New Schools, New York, NY; Mr. 

Charles Harris, Co-Founder and Executive Partner, SeaChange 

Capital Partner, South Norwalk, CT; Mr. Nelson Smith, President, 

National Alliance for Public Charter Schools, Washington, DC; Mr. 

Joshua Wyner, Executive Vice President, Jack Kent Cooke Foundation, Lansdowne, VA; Ms. Sonia Hernandez Rodriguez, Executive 

Vice President, National Farm Workers Service Center, Los Angeles, CA; Mr. John Castellani, President, Business Roundtable, 


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Washington, DC; Mr. Jim Kohlmoos, President and Chief Executive 

Officer, Knowledge Alliance, Washington, DC; Mr. Mike Petrilli, 

Vice President for National Programs and Policy, The Thomas B. 

Fordham Foundation, Washington, DC; Ms. MaryKate Hughes, 

Math Teacher, D.C. Preparatory Academy, Washington, DC; Ms. 

Kathleen Rooker, Principal, Neil Armstrong Elementary School, 

Port Charlotte, FL; Mr. Reg Weaver, President, National Education 

Association, Washington, DC; Ms. Kati Haycock, Director, The 

Education Trust, Washington, DC; Ms. Antonia Cortese, Executive 

Vice President, American Federation of Teachers, Washington, DC; 

Ms. Frances Bryant Bradburn, Director of Instructional Technologies, North Carolina Department of Education, Raleigh, NC; 

Ms. Mary Kay Sommers, Principal, Shepardson Elementary School, 

Fort Collins, CO; Ms. Kristan Van Hook, Senior Vice President for 

Public Policy and Development, National Institute for Excellence in 

Teaching, Santa Monica, CA; Mr. David Brewer, Superintendent, 

Los Angeles Unified School District, Los Angeles, CA; Ms. Joan 

Wodiska, Director of Education Policy, National Governors Association, Washington, DC; Mr. Michael Casserly, Executive Director, 

Council of Great City Schools, Washington, DC; Mr. Paul Houston, 

Executive Director, American Association of School Administrators, 

Arlington, VA; Ms. LaRuth Gray, Deputy Director, Metropolitan 

Center for Urban Education, New York, NY; and Mr. Michael 

Resnick, Associate Executive Director, National School Boards Association, Alexandria, VA. 

On September 21, 2007, the Committee on Education and Labor 

Subcommittee on Higher Education, Lifelong Learning, and Competitiveness held a field hearing in Pomona, CA, on ‘‘Examining 

Competitiveness Through Science, Technology, Engineering and 

Math.’’ The purpose of the hearing was to examine strategies for 

improving the delivery of education in Science, Technology, Engineering, and Math (STEM) classes to students in the United 

States. Testifying before the subcommittee were: Dr. Warren J. 

Baker, President, California Polytechnic State University, San Luis 

Obispo, CA; Dr. Marshall E. Drummond, Chancellor, Los Angeles 

Community College District, Los Angeles, CA; Dr. Susan 

Hackwood, Executive Director, California Council on Science and 

Technology, Sacramento, CA; Dr. Charles B. Reed, Chancellor, 

California State University System, Sacramento, CA; Dr. Frederick 

A. Tarantino, President and Chief Executive Officer, Universities 

Space Research Association, Columbia, MD; and Dr. Todd Ullah, 

Director of Science, Los Angeles Unified School District, Los Angeles, CA. 

Second session 

On February 13, 2008, the Committee on Education and Labor 

held a hearing in Washington, DC, on ‘‘Modern Public School Facilities: Investing in the Future.’’ The purpose of the hearing was 

to highlight the poor quality of public school buildings, particularly 

in low-income areas, and federal investment in public school buildings. Testifying before the committee were: The Honorable Ben 

Chandler, U.S. House of Representatives, Sixth District, Kentucky; 

The Honorable Michael Castle, U.S. House of Representatives, AtLarge, Delaware; The Honorable Bob Etheridge, U.S. House of Representatives, Second District, North Carolina; The Honorable David 


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Loebsack, U.S. House of Representatives, Second District, Iowa; 

The Honorable Charles Boustany, U.S. House of Representatives, 

Seventh District, Louisiana; The Honorable Darlene Hooley, U.S. 

House of Representatives, Fifth District, Oregon; The Honorable 

Steve King, U.S. House of Representatives, Fifth District, Iowa; 

The Honorable Rush Holt, U.S. House of Representatives, Twelfth 

District, New Jersey; Ms. Kathleen J. Moore, Director, School Facilities Planning Division, California Department of Education, Sacramento, CA; Ms. Judi Caddick, Teacher, Memorial Junior High 

School, Illinois Education Association, Lansing, IL; Ms. Mary 

Cullinane, Director, Innovation and Business Development Team, 

Microsoft Corporation, New York, NY; Dr. Paula Vincent, Superintendent, Clear Creek Amana School District, Oxford, IA; Mr. 

Paul Vallas, Superintendent, Louisiana Recovery School District, 

New Orleans, LA; Mr. Jim Waters, Director, Policy and Communications, Bluegrass Institute for Public Policy Solutions, Bowling 

Green, KY; and Mr. Neal McCluskey, Associate Director, Center for 

Educational Freedom, CATO Institute, Washington, DC. 

On March 11, 2008, the Committee on Education and Labor Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing in Washington, DC, on ‘‘After School Programs: How the Bush Administration’s Budget Impacts Children 

and Families.’’ The purpose of the hearing was to examine the 21st 

Century Learning Centers program and discuss its progress. Testifying before the subcommittee were: Mr. Michael J. Carroll, Chief 

of Police, West Goshen Township Police Department, Chester 

County, PA; Ms. LaDonna Gamble, Interim Project Director, 

Bridges to the Future Before and Afterschool Program’s 21st Century Community Learning Center, Flint, MI; Ms. Theresa 

Vendrzyk Kough, Education Associate, After School Programs, 

Delaware Department of Education, Dover, DE; and Ms. Priscilla 

M. Little, Associate Director, Harvard Family Research Project, 

Medford, MA. 

On May 21, 2008, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘The National Mathematics Advisory Panel Report: Foundations for Success.’’ The purpose of the 

hearing was to discuss the findings of the National Math Panel’s 

report and how U.S. math education can be improved. Testifying 

before the committee were: Mr. John Castellani, President, Business Roundtable, Washington, DC; Dr. Francis Fennell, former 

President, National Council of Teachers of Mathematics, Reston, 

VA; Dr. William Haver, Professor of Mathematics, Virginia Commonwealth University, Richmond, VA; Ms. Laura Slover, Vice 

President, Achieve, Inc, Washington, DC; Dr. Wanda Talley Staggers, Dean of Manufacturing and Engineering, Anderson School 

District Five, Anderson, SC; and Ms. Mary Ann Wolf, Executive Director, State Educational Technology Directors Association, Glen 

Burnie, MD. 

On July 17, 2008, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘Mayor and Superintendent Partnerships in Education: Closing the Achievement Gap.’’ The purpose 

of the hearing was to examine superintendent partnerships in education and closing the achievement gap. Testifying before the committee were: The Honorable Michael R. Bloomberg, Mayor, City of 

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cer, Chicago Public Schools, Chicago, IL; The Honorable Adrian M. 

Fenty, Mayor, District of Columbia, Washington, DC; Dr. Beverly 

L. Hall, Superintendent, Atlanta Public Schools, Atlanta, GA; Mr. 

Joel I. Klein, Chancellor, New York City Department of Education, 

New York, NY; and Ms. Michelle Rhee, Chancellor, District of Columbia Public Schools, Washington, DC. 

On July 22, 2008, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘Innovation in STEM Education 

through Business and Education Partnerships.’’ The purpose of the 

hearing was to examine innovative business and education partnerships in Science, Technology, Engineering, and Mathematics education. Testifying before the committee were: Dr. Ramona Chang, 

Director of Curriculum, Torrance Unified School District, Torrance, 

CA; Ms. Melendy Lovett, Senior Vice President and President, Education Technology, Texas Instruments, Dallas, TX; Mr. Tom Luce, 

Chief Executive Officer, National Math and Science Initiative, Dallas, TX; Mr. Phil Mickelson, Professional Golfer and Cofounder, 

Mickelson ExxonMobil Teachers Academy, Rancho Santa Fe, CA; 

Dr. Carlo Parravano, Executive Director, Merck Institute for 

Science Education, Rahway, NJ; Dr. Sally Ride, President and 

Chief Executive Officer, Sally Ride Science, San Diego, CA; Ms. Patricia Sullivan, Education Solutions Executive, Global Education 

Industry at IBM, Armonk, NY; and Mr. Brian H. Wells, Chief Systems Engineer, Raytheon Co., Waltham, MA. 

On July 24, 2008, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘The Benefits of Physical and 

Health Education for Our Nation’s Children.’’ The purpose of the 

hearing was to discuss the problem of childhood obesity, and the 

benefits of physical education. Testifying before the committee 

were: The Honorable Ron Kind, U.S. House of Representatives, 

Third District, Wisconsin; The Honorable Zach Wamp, U.S. House 

of Representatives, Third District, Tennessee; Ms. Lori Rose Benson, Director, Office of Fitness and Health Education, New York 

City Department of Education, New York, NY; Mr. Tim Brown, 

former NFL all-pro player, National Chairman, Athletes and Entertainers for Kids, Long Beach, CA; Mr. Robert Keiser, Student 

Advisor to Governor Charlie Crist, Council on Physical Fitness, 

Tallahassee, FL; Dr. Russell Pate, Associate Vice President for 

Health Sciences, Professor, Department of Exercise Science, Arnold 

School of Public Health, University of South Carolina, Columbia, 

SC; and Mr. Richard Simmons, ASK America, Beverly Hills, CA. 

On September 9, 2008, the Committee on Education and Labor 

Subcommittee on Early Childhood, Elementary, and Secondary 

Education held a hearing in Washington, DC, on ‘‘Challenges Facing Bureau of Indian Education Schools in Improving Student 

Achievement.’’ The purpose of the hearing was to examine challenges encountered by Bureau of Indian Education schools in their 

efforts to improve student achievement. Testifying before the subcommittee were: Ms. Cornelia Ashby, Director, Education, Workforce, and Income Security Issues, U.S. Government Accountability 

Office, Washington, DC; Ms. Anne Dudro, Chief of Staff, Office of 

Elementary and Secondary Education, U.S. Department of Education, Washington, DC; Dr. Willard Sakiestewa Gilbert, President, 

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sortium, Kyle, SD; and Mr. Stanley Holder, Chief, Division of Performance and Accountability, Bureau of Indian Education, U.S. Department of the Interior, Washington, DC. 

Legislative action—first session 

On July 12, 2007, Rep. Ben Chandler (D–KY), Rep. George Miller 

(D–CA), and Rep. Dale Kildee (D–MI) introduced H.R. 3021, the 

21st Century High-Performing Public School Facilities Act. The bill 

sought to create a new federal school construction program. Under 

the bill, the Secretary of Education would make grants and low-interest loans to local educational agencies for the construction, modernization, or repair of public kindergarten, elementary, and secondary educational facilities, and for other purposes. 

On July 12, 2007, Rep. John Sarbanes (D–MD) introduced H.R. 

3036, the No Child Left Inside Act of 2007. The bill sought to 

amend the Elementary and Secondary Education Act of 1965 to 

create new environmental education programs. 

On August 1, 2007, Rep. Mazie Hirono (D–HI), Rep. Robert Andrews (D–NJ), Rep. Susan Davis (D–CA), Rep. George Miller (D– 

CA), and Rep. John Tierney (D–MA) introduced H.R. 3289, the Providing Resources Early for Kids (PRE–K) Act of 2007. The bill 

sought to amend the Elementary and Secondary Education Act of 

1965 to create a new early education program. 

Second session 

On April 30, 2008, the Committee on Education and Labor considered H.R. 3021, the 21st Century High-Performing Public School 

Facilities Act, in legislative session, and reported the bill favorably, 

as amended, to the House of Representatives by a vote of 28–19. 

The committee considered and adopted the following amendment 

to H.R. 3021: • Rep. Dave Loebsack (D–IA) and Rep. Dale Kildee (D–MI) offered an amendment in the nature of a substitute. The amendment 

passed by a voice vote. 

The committee further considered the following amendments to 

H.R. 3021, which were not adopted: 

• Rep. Howard P. ‘‘Buck’’ McKeon (R–CA) offered an amendment 

to strike the provision subjecting new school construction projects 

to the requirements of the Davis-Bacon Act. The amendment failed 

by a vote of 16–27. 

• Rep. Mike Castle (R–DE) offered an amendment requiring 

Title I and the Individuals with Disabilities Education Act (IDEA) 

to be fully funded before federal resources could be dedicated to 

school construction. The amendment failed by a vote of 20–24. 

• Rep. Rob Bishop (R–UT) offered an amendment on the equitable treatment of charter schools. The amendment failed by a vote 

of 19–25. 

• Rep. John Kline (R–MN) offered an amendment to require 

local educational agencies to provide military recruiters with access 

to secondary student information. The amendment was ruled not 

germane by the Chair. A motion to appeal the ruling of the Chair 

failed by a vote of 20–25. 

• Rep. Tom Price (R–GA) offered an amendment requiring local 

educational agencies to conduct independent audits. The amendment failed by a vote of 18–26. 


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• Rep. Tom Price (R–GA) offered an amendment prohibiting earmarks. The amendment failed by a vote of 21–25. • Rep. Vernon Ehlers (R–MI) offered an amendment prohibiting 

the purchase of carbon offsets. The amendment failed by a vote of 

21–25. • Rep. David Davis (R–TN) offered an amendment requiring 

local educational agencies to certify compliance with school prayer 

provisions. The amendment was ruled not germane by the Chair. 

A motion to appeal the ruling of the Chair failed by a vote of 21– 

26. 

The House of Representatives passed H.R. 3021 on June 4, 2008, 

by a vote of 250–164. The bill was sent to the Senate and referred 

to the Senate Committee on Health, Education, Labor, and Pensions. 

On June 18, 2008, the Committee on Education and Labor considered H.R. 3036, the No Child Left Inside Act of 2007, in legislative session and reported the bill favorably, as amended, to the 

House of Representatives by a vote of 37–8. 

The committee considered and adopted the following amendments to H.R. 3036: • Rep. George Miller (D–CA) offered an amendment in the nature of a substitute. The amendment passed by a voice vote. • Rep. Mike Castle (R–DE) offered an amendment to require the 

Administrator of the Environmental Protection Agency, the Secretary of Education, and the National Environmental Education 

Foundation to establish indicators of program quality for environmental education programs. The amendment was adopted by a 

voice vote. • Rep. John Sarbanes (D–MD) offered an amendment to make 

technical edits. The amendment was adopted by a voice vote. • Rep. Vern Ehlers (R–MI) offered an en bloc amendment to expand the list of subject studies to determine the effectiveness of environmental education programs and to allow grantees to conduct 

studies of national significance. The amendment was adopted by a 

voice vote. 

• Rep. Rush Holt (D–NJ) and Rep. Mark Souder (R–IN) offered 

an amendment to allow grantees to coordinate with any program 

operated by a federal natural resource management agency. The 

amendment was adopted by a voice vote. 

• Rep. Tim Bishop (D–NY) offered an amendment to allow grantees to replicate and disseminate information about proven and tested environmental education programs. The amendment was adopted by a voice vote. 

• Rep. Mark Souder (R–IN) offered an amendment to allow 

grantees to develop environmental education standards that include information on the need to balance conservation of the environment with the development of the nation’s energy resources. 

The amendment was adopted by a voice vote. 

• Rep. Yvette Clark (D–NY) offered an amendment to allow 

grantees to address environmental justice issues. The amendment 

was adopted by a voice vote. 

• Rep. Tom Price (R–GA) offered an amendment to clarify that 

federal funds may not be used to mandate, direct, or control a state 

or local educational agency’s curriculum or program of instruction. 

The amendment was adopted by a voice vote. 


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The committee further considered the following amendment to 

H.R. 3036, which was not adopted: • Rep. Tom Price (R–GA) offered an amendment on the environmental benefits of American-made energy. The amendment failed 

by a vote of 13–28. 

The House of Representatives passed H.R. 3036 on September 

18, 2008, by a vote of 293–109. The bill was sent to the Senate and 

referred to the Senate Committee on Environment and Public 

Works. 

On June 25, 2008, the Committee on Education and Labor considered H.R. 3289, the Providing Resources Early for Kids (PREK) Act of 2007, in legislative session and reported the bill favorably, as amended, to the House of Representatives by a vote of 31– 

11. 

The committee considered and adopted the following amendments to H.R. 3289: • Rep. George Miller (D–CA) offered an amendment in the nature of a substitute. The amendment passed by a voice vote. • Rep. Phil Hare (D–IL) offered an en bloc amendment to address the deficiency of pre-K opportunities to children in rural 

areas and to increase coordination of state supported early childhood providers and local educational agencies to ensure a smooth 

transition to kindergarten. The amendment passed by a voice vote. • Rep. Susan Davis (D–CA) offered an amendment to add an allowable use of funds for instruction and support for program directors and staff during the first three years of employment. The 

amendment passed by a vote of 26–17. • Rep. Dennis Kucinich (D–OH) offered an en bloc amendment 

to require states to report on how they are addressing transportation needs where transportation is a barrier to accessing statefunded preschool programs and to require states to coordinate with 

a state advisory board on early childhood education or similar entity. The amendment passed by a voice vote. • Rep. Dennis Kucinich (D–OH) and Rep. Lynn Woolsey (D–CA) 

offered an amendment to require states to report on their activities 

to expand state-funded preschool programs and to require the Secretary of Education to report to Congress on the activities carried 

out by this bill. The amendment (as amended) passed by a voice 

vote. 

• Rep. Phil Hare (D–IL) offered a secondary amendment to Reps. 

Kucinich and Woolsey’s amendment to add rural areas into the reporting requirements. The amendment passed by a voice vote. 

• Rep. Rube ́n Hinojosa (D–TX) offered an amendment requiring 

states to provide assurances they will target resources or strengthen services to English Language Learners. The amendment passed 

by a voice vote. 

The committee considered the following amendments to H.R. 

3289, which were not adopted: 

• Rep. Howard P. ‘‘Buck’’ McKeon (R–CA) offered an amendment 

to ensure states invest the resources provided in the bill to enroll 

all eligible children in the existing Head Start program. The 

amendment was defeated by a vote of 18–25. 

• Rep. Mike Castle (R–DE) offered an amendment to align the 

new pre-K program with Head Start. The amendment was defeated 

by a vote of 18–25. 


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• Rep. Charles Boustany (R–LA) offered an amendment to 

prioritize services only to low-income children. The amendment was 

defeated by a vote of 17–26. 

• Rep. Tom Price (R–GA) offered an amendment to allow states 

to provide parents a choice of preschool providers. The amendment 

was defeated by a vote of 14–29. 

• Rep. Tom Price (R–GA) also offered an amendment that would 

require the bill to have offsets. The amendment was defeated by a 

vote of 17–26. 

• Rep. Virginia Foxx (R–NC) and Rep. Tom Price (R–GA) offered 

an amendment that would limit federally funded programs to legal 

U.S. residents and citizens. The amendment was defeated by a vote 

of 18–25. 

On September 26, 2008, the House of Representatives passed 

H.R. 7110, the Job Creation and Unemployment Relief Act of 2008, 

introduced by Rep. David Obey (D–WI). H.R. 7110 appropriated $3 

billion for public school modernization, renovation, and repair, 

similar to the provisions included in H.R. 3021. The bill was placed 

on the Senate calendar. 

111TH CONGRESS

Hearings—first session 

On April 29, 2009, the Committee on Education and Labor held 

a hearing in Washington, DC, on ’’Strengthening America’s Competitiveness through Common Academic Standards.’’ The purpose 

of the hearing was to examine how to ensure rigorous academic 

standards keep American students competitive. Testifying before 

the committee were: Mr. James B. Hunt, Jr., Chairman of the 

Board, James B. Hunt, Jr. Institute for Educational Leadership 

and Policy Foundation, former Governor of North Carolina, Raleigh, NC; Dr. Kenneth James, Commissioner, Arkansas Department of Education, Little Rock, AR; Mr. Greg Jones, President and 

Chief Executive Officer (retired), State Farm General Insurance, 

Chairman, California Business Roundtable, Playa del Rey, CA; Mr. 

David Levin, Co-founder, KIPP Schools, New York, NY; and Ms. 

Randi Weingarten, President, American Federation of Teachers, 

New York, NY. 

On May 12, 2009, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘America’s Competitiveness 

through High School Reform.’’ The purpose of the hearing was to 

learn about the challenges facing our nation’s high schools in providing competitive, capable graduates. Testifying before the committee were: The Honorable Chaka Fattah, U.S. House of Representatives, Second District, Pennsylvania; The Honorable Michael Castle, U.S. House of Representatives, At-Large, Delaware; 

The Honorable Rau ́l M. Grijalva, U.S. House of Representatives, 

Seventh District, Arizona; The Honorable David P. Roe, U.S. House 

of Representatives, First District, Tennessee; Mr. Robert Balfanz, 

Associate Research Scientist, Everyone Graduates Center, Johns 

Hopkins University, Baltimore, MD; Mr. Scott Gordon, Chief Executive Officer, Mastery Charter Schools, Philadelphia, PA; Ms. Marguerite Kondracke, President and Chief Executive Officer, America’s Promise Alliance, Washington, DC; Dr. Vicki Phillips, Director, Education Initiative, Bill and Melinda Gates Foundation, SeVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00107 Fmt 6659 Sfmt 6602 E:\HR\OC\HR458.XXX HR458

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attle, WA; The Honorable Bob Wise, President, Alliance for Excellent Education, former Governor of West Virginia, Washington, DC; 

and Mr. Michael Wotorson, Executive Director, Campaign for High 

School Equity, Washington, DC. 

On May 19, 2009, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘Examining the Abusive and 

Deadly Use of Seclusion and Restraint in Schools.’’ The purpose of 

the hearing was to understand the nature and magnitude of the 

practice of abusive restraint and seclusion techniques in public and 

private schools. Testifying before the committee were: Mr. Greg 

Kutz, Managing Director, Forensic Audits and Special Investigations, U.S. Government Accountability Office, Washington, DC; Ms. 

Toni Price, foster mother of a child victim, Killeen, TX; Ms. Anne 

Gaydos, mother of a child victim, Monument, CO; Ms. Elizabeth 

Hanselman, Assistant Superintendent, Special Education and Support Services, Illinois State Board of Education, Springfield, IL; 

and Dr. Reece L. Peterson, Professor of Special Education, University of Nebraska, Lincoln, NE. 

On May 20, 2009, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘The Obama Administration’s 

Education Agenda.’’ The purpose of the hearing was to learn about 

the administration’s policies and priorities for education in the 

coming fiscal year. Testifying before the committee was the Honorable Arne Duncan, Secretary, U.S. Department of Education, 

Washington, DC. 

On June 4, 2009, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘Building on What Works at 

Charter Schools.’’ The purpose of the hearing was to learn how 

states, charter school authorizers, and charter school providers 

produce high-quality charter schools and how those programs can 

be replicated and brought to scale. Testifying before the committee 

were: The Honorable Barbara O’Brien, Lieutenant Governor, State 

of Colorado, Denver, CO; Mr. James Shelton, Assistant Deputy Secretary for Innovation and Improvement, U.S. Department of Education, Washington, DC; Mr. Steve Barr, Founder and Chairman, 

Green Dot Public Schools, Los Angeles, CA; Dr. John King, Managing Director, Excellence and Preparatory Network of Uncommon 

Schools, New York, NY; Mr. David Dunn, Executive Director, Texas 

Charter Schools Association, Austin, TX; and Mr. James Goenner, 

Executive Director, The Center for Charter Schools, Central Michigan University, Mount Pleasant, MI. 

On June 16, 2009, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘The Future of Learning: How 

Technology is Transforming Public Schools.’’ The purpose of the 

hearing was to examine the federal government’s role in promoting 

the effective use of technology to improve public education. Testifying before the committee were: Ms. Jennifer Bergland, Chief 

Technology Officer, Bryan Independent School District, Bryan, TX; 

Mr. Aneesh Chopra, Chief Technology Officer, White House Office 

for Science and Technology, Washington, DC; Dr. Wayne 

Hartschuh, Executive Director, Delaware Center for Educational 

Technology, Delaware Department of Education, Dover, DE; Mr. 

Scott Kinney, Vice President Of Media And Technology, Discovery 

Education, Silver Spring, MD; Mr. John McAuliffe, General Manager, Educate Online Learning, Baltimore, MD; Mr. Abel Alejandro 


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Real, Student, East Carolina University, Greenville, NC; and Ms. 

Lisa Short, Middle School Teacher, Gaithersburg Middle School, 

Gaithersburg, MD. 

On July 8, 2009, the Committee on Education and Labor Subcommittee on Early Childhood, Elementary, and Secondary Education held a joint hearing with the subcommittee on Healthy Families and Communities in Washington, DC, on ‘‘Strengthening 

School Safety through Prevention of Bullying.’’ The purpose of the 

hearing was to discuss how the federal government could support 

anti-bullying efforts. Testifying before the subcommittees were: Ms. 

Jacquelyn Andrews and Ms. Josie Andrews, daughters of Rep. Rob 

Andrews (D–NJ); Ms. Rona C. Kaufmann, Principal, William Penn 

Senior High School, York, PA; Dr. Scott Poland, Coordinator, Office 

of Suicide and Violence Prevention, Center for Psychological Studies, Nova Southeastern University, Fort Lauderdale, FL; Mr. Steve 

Riach, Founder and Chairman, Heart of a Champion Foundation, 

Colleyville, TX; Ms. Cassady Tetsworth, Vice Chair, National SAVE 

Youth Advisory Board, Greensboro, NC; Mr. Kenneth S. Trump, 

President and Chief Executive Officer, National School Safety and 

Security Services, Inc., Cleveland, OH; and Ms. Sirdeaner Walker, 

parent of a bullied child, Springfield, MA. 

On September 18, 2009, the Committee on Education and Labor 

Subcommittee on Early Childhood, Elementary, and Secondary 

Education held a field hearing in Flint, MI, on ‘‘High School/College 

Dual Enrollment Program.’’ The purpose of the hearing was to 

learn about dual enrollment programs. Testifying before the subcommittee were: Mr. John Otis Brooks, Student, Mott Community 

College, Flint, MI; Dr. Vahid Lotfi, Interim Provost and Vice Chancellor, Academic Affairs, University of Michigan, Flint, MI; Dr. M. 

Richard Shaink, President, Mott Community College, Flint, MI; 

Mr. Stephen Skorcz, President and Chief Executive Officer, Greater 

Flint Health Coalition, Flint, MI; Dr. Thomas Svitkovich, Superintendent, Genesee Intermediate School District, Flint, MI; and Dr. 

Michael Webb, Associate Vice President, Early College High School 

Initiative, Jobs for the Future, Boston, MA. 

On September 30, 2009, the Committee on Education and Labor 

held a hearing in Washington, DC, on ‘‘Teacher Equity: Effective 

Teachers for All Children.’’ The purpose of the hearing was to examine how to ensure students are taught by effective teachers. Testifying before the committee were: The Honorable Chaka Fattah, 

U.S. House of Representatives, Second District, Pennsylvania; The 

Honorable Tom Price, U.S. House of Representatives, Sixth District, Georgia; Ms. Layla Avila, Vice President, The New Teacher 

Project, Brooklyn, NY; Ms. Latanya Daniels, Assistant Principal, 

Edison High School, Minneapolis, MN; Dr. Frederick M. Hess, Director of Education Policy Studies, American Enterprise Institute, 

Washington, DC; Dr. Linda Murray, Executive Director, Education 

Trust—West, Oakland, CA; Dr. Marguerite Roza, Research Associate Professor, Center on Reinventing Public Education, University of Washington, Seattle, WA; and Mr. Dennis Van Roekel, 

President, National Education Association, Washington, DC. 

On November 19, 2009, the Committee on Education and Labor 

Subcommittee on Early Childhood, Elementary, and Secondary 

Education held a hearing in Washington, DC, on ‘‘Improving the 

Literacy Skills of Children and Young Adults.’’ The purpose of the 


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hearing was to examine strategies for improving literacy skills 

among students. Testifying before the subcommittee were: Mr. 

Larry Berger, Co-Founder and Chief Executive Officer, Wireless 

Generation, Brooklyn, NY; Ms. Mary Kay Dore ́, District Student 

Support Services Manager, Summit School District, Frisco, CO; Dr. 

Leo Gome ́z, Professor, the University of Texas Pan American, Officer, the National Association for Bilingual Education, Edinburg, 

TX; Mr. Andre ́s Henrı ́quez, Program Officer, Carnegie Corporation 

of New York, New York, NY; Dr. Sandra D. Meyers, Education Associate, Delaware Department of Education, Dover, DE; and Dr. 

Dorothy S. Strickland, Professor Emeritus, Rutgers, the State University of New Jersey, Newark, NJ. 

On December 8, 2009, the Committee on Education and Labor 

held a hearing in Washington, DC, on ‘‘Improving Our Competitiveness: Common Core Education Standards.’’ The purpose of the 

hearing was to take a closer look at the Common Core State Standards Initiative and how coordinated efforts to strengthen academic 

standards can enhance American competitiveness. Testifying before 

the committee were: Ms. Cathy Allen, Vice Chair, St. Mary’s County Board of Education, Leonardtown, MD; Mr. Douglas Kubach, 

President and Chief Executive Officer, Pearson Assessment and Information, Bloomington, MN; The Honorable Bill Ritter Jr., Governor, State of Colorado, Denver, CO; and Mr. Gene Wilhoit, Executive Director, Council of Chief State School Officers (CCSSO), 

Washington, DC. 

Second session 

On February 24, 2010, the Committee on Education and Labor 

held a legislative hearing in Washington, DC, on ‘‘H.R. 4330, the 

All Students Achieving through Reform Act.’’ The purpose of this 

legislative hearing was to learn how charter school providers maintain quality in charter schools, what student populations charter 

schools serve, and the importance of keeping charter schools autonomous. The hearing also focused on H.R. 4430, which would create 

a new initiative under the Charter School Program to provide funding for the expansion and replication of charter schools. Testifying 

before the committee were: Ms. Eva Moskowitz, Founder, Success 

Charter Network, New York, NY; Ms. Robin J. Lake, Associate Director, Center on Reinventing Public Education, Seattle, WA; Dr. 

Thomas Hehir, Professor of Practice, Harvard Graduate School of 

Education, Cambridge, MA; Mr. Greg Richmond, President and 

Chief Executive Officer, National Association of Charter School Authorizers, Chicago, IL; Ms. Eileen Ahern, Director, National Association of State Directors of Special Education, Alexandria, VA; and 

Dr. Caprice Young, President and Chief Executive Officer, KC Distance Learning, Portland, OR. 

On March 3, 2010, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘Building a Stronger Economy: 

Spurring Reform and Innovation in American Education.’’ The purpose of the hearing was to identify the administration’s priorities 

for education in the coming fiscal year. Testifying before the committee was The Honorable Arne Duncan, Secretary, U.S. Department of Education, Washington, DC. 

On March 17, 2010, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘The Obama Administration’s ElVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00110 Fmt 6659 Sfmt 6602 E:\HR\OC\HR458.XXX HR458

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ementary and Secondary Education Act Reauthorization.’’ The purpose of the hearing was to discuss the administration’s blueprint 

for reauthorization of the Elementary and Secondary Education 

Act. Testifying before the committee was the Honorable Arne Duncan, Secretary, U.S. Department of Education, Washington, DC. 

On March 18, 2010, the Committee on Education and Labor Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing in Washington, DC, on ‘‘Elementary and Secondary Education Act Reauthorization: Addressing the Needs of Diverse Students.’’ The purpose of the hearing was to discuss the importance of, and the challenges states and school districts face in, 

educating diverse student learners. Testifying before the subcommittee were: Dr. Daniel Curry, Superintendent, Lake Forest 

School District, Kent County, DE; Dr. Jack Dale, Superintendent, 

Fairfax County Public Schools, Fairfax, VA; Ms. Arelis E. Diaz, Assistant Superintendent of Instruction, Godwin Heights Public 

Schools, Wyoming, MI; Dr. David M. Gipp, President, United 

Tribes Technical College, Bismarck, ND; Dr. Jacqui Farmer 

Kearns, Principal Investigator, National Alternate Assessment 

Center, Lexington, KY; and Mr. Michael Wotorson, Executive Director, Campaign for High School Equity, Washington, DC. 

On April 14, 2010, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘How Data Can Be Used to Inform Educational Outcomes.’’ The purpose of the hearing was to examine possible methods for using data to inform and improve test 

scores and other educational indicators. Testifying before the committee were: Ms. Katie Hartley, Teacher, Value Added Data Specialist, Miami East Junior High School, Casstown, OH; Mr. Joe 

Kitchens, Superintendent, Western Heights School District, Oklahoma City, OK; Mr. Joel R. Reidenberg, Professor of Law and 

Founding Academic Director, Center on Law and Information Policy, Fordham University School of Law, New York, NY; and Mr. 

Richard J. Wenning, Associate Commissioner, Colorado Department of Education, Denver, CO. 

On April 15, 2010, the Committee on Education and Labor Subcommittee on Healthy Families and Communities held a hearing in 

Washington, DC, on ‘‘Corporal Punishment in Schools and its Effect on Academic Success.’’ The purpose of the hearing was to examine corporal punishment in schools and its effect on academic 

performance. Testifying before the subcommittee were: Ms. Jana 

Frieler, Principal, Overland High School, President-elect, National 

Association of Secondary School Principals, Aurora, CO; Mr. Wynell 

Gilbert, Teacher, Erwin High School, Center Point, AL; Dr. Donald 

E. Greydanus, Professor of Pediatrics & Human Development, 

Michigan State University College of Human Medicine, Pediatrics 

Program Director, Michigan State University/Kalamazoo Center for 

Medical Studies, Kalamazoo, MI; and Ms. Linda Pee, parent of a 

student who received corporal punishment, Hot Springs, AR. 

On May 4, 2010, the Committee on Education and Labor held a 

hearing in Washington, DC, on ‘‘Supporting America’s Educators: 

The Importance of Quality Teachers and Leaders.’’ The purpose of 

the hearing was to look at the importance of quality teachers and 

explore ways to support the best educators for the nation’s children. Testifying before the committee were: Ms. Deborah Ball, 

Dean, School of Education, University of Michigan, Ann Arbor, MI; 


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Mr. Tony Bennett, Superintendent of Public Instruction, Indiana 

Department of Education, Indianapolis, IN; Dr. Jeanne M. Burns, 

Associate Commissioner, Teacher and Leadership Initiatives, Louisiana Board of Regents, Baton Rouge, LA; Mr. Jonathan A. 

Kaplan, President, Walden University, Minneapolis, MN; Ms. 

Marie Parker-McElroy, Cluster-based Instructional Coach, Fairfax 

County Public Schools, Fairfax, VA; Dr. Pamela S. Salazar, Assistant Professor, Department of Educational Leadership, University of 

Nevada, Las Vegas, NV; Mr. Christopher J. Steinhauser, Superintendent of Schools, Long Beach Unified School District, Long 

Beach, CA; Ms. Monique Burns Thompson, President, Teach Plus, 

Boston, MA; Ms. Randi Weingarten, President, American Federation of Teachers, New York, NY; and Dr. Marcus A. Winters, Senior Fellow, Manhattan Institute for Policy Research, New York, 

NY. 

On May 19, 2010, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘Research and Best Practices on 

Successful School Turnaround.’’ The purpose of the hearing was to 

discuss school turnaround strategies that improve struggling 

schools and protect the best interests of students. Testifying before 

the committee were: Ms. Susan E. Bridges, Principal, A.G. Richardson Elementary School, Culpeper, VA; Dr. Thomas Butler, Superintendent of Schools, Ridgway Area School District, Ridgway, PA; 

Ms. Jessica Johnson, Chief Program Officer, Learning Point Associates, Naperville, IL; Dr. Daniel King, Superintendent, Pharr-San 

Juan-Alamo Independent School District, Pharr, TX; Mr. David Silver, Principal, Think College Now, Oakland, CA; and Mr. John 

Simmons, President, Strategic Learning Initiatives, Chicago, IL. 

On May 20, 2010, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘The Impact of Concussions on 

High School Athletes.’’ The purpose of the hearing was to discuss 

research conducted by the Government Accountability Office into 

concussions among high school athletes. Testifying before the committee were: Dr. Gerard A. Gioia, Director, Division of Pediatric 

Neuropsychology, Children’s National Medical Center, Washington, 

DC; Dr. Linda Kohn, Director of Health Care Issues, U.S. Government Accountability Office, Washington, DC; Mr. Michael T. 

Monacelli, Director of Athletics and Head Football Coach, Caledonia-Mumford Central School District, Caledonia, NY; Ms. 

Michelle Pelton, former high school athlete, Swansea, MA; and Mr. 

James Schmutz, Executive Director, American Sport Education 

Program, Champaign, IL. 

On June 24, 2010, the Committee on Education and Labor Subcommittee on Healthy Families and Communities held a hearing in 

Washington, DC, on ‘‘Ensuring Student Cyber Safety.’’ The purpose 

of the hearing was to discuss strategies aimed at developing both 

innovative and practical approaches to identify, prevent, and curb 

the prevalence of cyberbullying. Testifying before the subcommittee 

were: Mr. Parry Aftab, Esq., Executive Director, WiredSaftey.org, 

Wycoff, NJ; Mr. Dave Finnegan, Chief Information and Logistics 

Bear, Build-A-Bear Workshop, Inc., St. Louis, MO; Dr. Phillip C. 

McGraw, syndicated daytime television talk show host and bestselling author, Los Angeles, CA; Ms. Dominique Napolitano, Student, on behalf of Girl Scouts of the USA, Suffolk County, NY; Ms. 

Barbara-Jane ‘‘BJ’’ Paris, Member, National Association of SecVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00112 Fmt 6659 Sfmt 6602 E:\HR\OC\HR458.XXX HR458

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ondary School Principals, Austin, TX; and Dr. Jorge C. Srabstein, 

Medical Director, Clinic for Health Problems Related to Bullying, 

Department of Psychiatry and Behavioral Sciences, Children’s National Medical Center, Washington, DC. 

On September 13, 2010, the Committee on Education and Labor 

Subcommittee on Healthy Families and Communities held a field 

hearing in Selden, NY, on ‘‘The Impact of Concussions on High 

School Athletes: The Local Perspective.’’ The purpose of the hearing 

was to gain a local perspective on student concussion safety. Testifying before the subcommittee were: Mr. Richard C. Caster, former 

NFL Football Player, Rockville Centre, NY; Mr. Courtney Hall, 

former NFL Football Player, Cofounder, Hillcrest Venture Partners, New York, NY; Mr. Craig LoNigro, Athletic Trainer, 

Comsewogue High School, Port Jefferson Station, NY; Ms. Caitlin 

Monaghan, former high school athlete, Garden City, NJ; and Dr. 

Hayley C. Rintel Queller, Primary Care Sports Medicine, Orthopedic Associates of Long Island, East Setauket, NY. 

On September 23, 2010, the Committee on Education and Labor 

held a legislative hearing in Washington, DC, on ‘‘H.R. 6172, the 

Protecting Student Athletes from Concussions Act.’’ The purpose of 

this legislative hearing was to look at the issue of concussions 

among high school athletes and the effects of traumatic brain injuries on a student’s academic achievement. Testifying before the 

committee were: Rev. Dr. Katherine E. Brearley, parent of the late 

Owen Thomas, South Whitehall Township, PA; Ms. Alison ConcaCheng, Centennial High School, Ellicott City, MD; Dr. Gerard A. 

Gioia, Ph.D., Chief, Division of Pediatric Neuropsychology, and Director, Safe Concussion Outcome, Recovery, and Education 

(SCORE) Program, Children’s National Medical Center, Washington, DC; Dr. Stanley Herring, M.D., Clinical Professor, Departments of Rehabilitation Medicine, Orthopedics and Sports Medicine, and Neurological Surgery, University of Washington, Co-Medical Director, Seattle Sports Concussion Program, Team Physician, 

Seattle Seahawks and Seattle Mariners, and Member, National 

Football League’s Head, Neck and Spine Committee, Seattle, WA; 

and Mr. Sean Morey, Executive Board Member, NFL Players Association, Toronto, Ontario. 

Legislative action—first session 

On January 28, 2009, the House of Representatives passed H.R. 

1, the American Recovery and Reinvestment Act (ARRA), introduced by Rep. David Obey (D–WI). H.R. 1 appropriated $14 billion 

for public school modernization, renovation, and repair. On February 12, 2009, the House passed the Conference Report to H.R. 1, 

which did not include dedicated funds for public school modernization, renovation, and repair. However, Title XIV of the bill, the 

State Fiscal Stabilization Fund, included $48.6 billion for states 

and local educational agencies, of which public school modernization, renovation, and repair (including modernization, renovation, 

and repair that complies with a recognized green building standard) is an authorized use. 

On April 30, 2009, Rep. Ben Chandler (D–KY), Rep. Robert Andrews (D–NJ), Rep. Joe Courtney (D–CT), Rep. Rau ́l Grijalva (D– 

AZ), Rep. Phil Hare (D–IL), Rep. Mazie Hirono (D–HI), Rep. Rush 

Holt (D–NJ), Rep. Dale Kildee (D–MI), Rep. David Loebsack (D– 


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IA), Rep. George Miller (D–CA), Rep. Pedro R. Pierluisi (D–PR), 

Rep. Jared Polis (D–CO), Rep. Gregorio Kilili Camacho Sablan (D– 

MP), Rep. John Tierney (D–MA), Rep. Paul Tonko (D–NY), Rep. 

Lynn Woolsey (D–CA), and Rep. David Wu (D–OR) introduced H.R. 

2187, the 21st Century Green High-Performing Public School Facilities Act. The bill would direct the Secretary of Education to 

make grants to state educational agencies for the modernization, 

renovation, or repair of public school facilities. 

On May 6, 2009, the Committee on Education and Labor considered H.R. 2187, the 21st Century Green High-Performing Public 

School Facilities Act, in legislative session and ordered the bill reported favorably, as amended, to the House of Representatives by 

a vote of 31–14. 

The committee considered and adopted the following amendments to H.R. 2187: • Rep. George Miller (D–CA) offered an amendment in the nature of a substitute. The amendment was adopted by a voice vote. • Rep. Jared Polis (D–CO) offered an amendment to provide equitable resources to charter schools. The amendment was adopted 

by a voice vote. • Rep. Joe Sestak (D–PA) offered an amendment to clarify that 

improvements to ceilings and floors are authorized uses of funds. 

The amendment was adopted by a voice vote. • Rep. Howard P. ‘‘Buck’’ McKeon (R–CA) offered an amendment 

to require local educational agencies to conduct a state-certified, 

independent third-party audit. The amendment was adopted by a 

voice vote. 

The committee further considered the following amendments to 

H.R. 2187, which were not adopted: • Rep. Mike Castle (R–DE) offered an amendment to require 

Congress to provide full funding for the Title I program before providing funding for a new federal school construction program. The 

amendment failed by a vote of 15–28. • Rep. John Kline (R–MN) offered an amendment to require 

Congress to provide full funding for state grants for the Individual 

with Disabilities Education Act before providing funding for a new 

school construction program. The amendment failed by a vote of 

15–28. 

The House of Representatives passed H.R. 2187 on May 14, 2009, 

by a vote of 275–155. The bill was sent to the Senate and referred 

to the Senate Committee on Health, Education, Labor, and Pensions. 

On May 6, 2009, Rep. Howard P. ‘‘Buck’’ McKeon (R–CA), Rep. 

John Boehner (R–OH), Rep. Eric Cantor (R–VA), Rep. Mike Pence 

(R–IN), Rep. Pete Hoekstra (R–MI), Rep. John Kline (R–MN), Rep. 

Rob Bishop (R–UT), Rep. Tom McClintock (R–CA), Rep. Duncan 

Hunter (R–CA), Rep. Sam Johnson (R–TX), Rep. Roscoe Bartlett 

(R–MD), Rep. John Linder (R–GA), Rep. Sue Myrick (R–NC), Rep. 

Jeb Hensarling (R–TX), Rep. John Culberson (R–TX), Rep. Kenny 

Marchant (R–TX), Rep. Michele Bachmann (R–MN), Rep. Doug 

Lamborn (R–CO), and Rep. Jason Chaffetz (R–UT) introduced H.R. 

2274, the Priorities in Education Spending Act. The bill repealed 

70 ineffective elementary and secondary education programs, including: William F. Goodling Even Start Family Literacy Program; 

Improving Literacy Through School Libraries; Close Up Fellowship; 


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Comprehensive School Reform; School Leadership; Advanced Certification or Advanced Credentialing; National Writing Project; 

Teaching of Traditional American History; Enhancing Education 

Through Technology; Ready to Learn Television; Bilingual and 

Emergency Immigrant Education; Grants to Reduce Alcohol Abuse; 

Mentoring Program; Elementary and Secondary School Counseling; 

Smaller Learning Communities; Reading is Fundamental; Star 

Schools Act; Ready to Teach; Foreign Language Assistance Program; Carol M. White Physical Education Program; Community 

Technology Centers; Educational, Cultural, Apprenticeship, and 

Exchange Programs for Alaska Natives, Native Hawaiians, and 

their Historical Whaling and Trading Partners in Massachusetts; 

Mental Health Integration and Foundations for Learning; Arts in 

Education; Healthy, High-Performance Schools; Additional Assistance for Certain Local Educational Agencies Impacted by Federal 

Property Acquisition; Women’s Educational Equity; Native Hawaiian Education; and Alaska Native Education Equity. 

On December 9, 2009, Rep. George Miller (D–CA) and Rep. 

Cathy McMorris Rodgers (R–WA) introduced H.R. 4247, the Preventing Harmful Restraint and Seclusion in Schools Act. The bill 

would prevent and reduce the use of physical restraint and seclusion techniques in public and private schools. 

Second session 

On February 4, 2010, the Committee on Education and Labor 

considered H.R. 4247, the Preventing Harmful Restraint and Seclusion in Schools Act, in legislative session and reported the bill favorably, as amended, to the House of Representatives by a vote of 

34–10. 

The committee considered and adopted the following amendment 

to H.R. 4247: 

• Rep. George Miller (D–CA) offered an amendment in the nature of a substitute. The amendment was adopted by a voice vote. 

The House of Representatives passed H.R. 4247 on March 3, 

2010, by a vote of 262–153. The bill was sent to the Senate and 

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

Pensions. 

112TH CONGRESS

Hearings—first session 

On February 10, 2011, the Committee on Education and the 

Workforce held a hearing in Washington, DC, on ‘‘Education in the 

Nation: Examining the Challenges and Opportunities Facing America’s Classrooms.’’ The purpose of the hearing was to learn what 

challenges states face in developing a high-quality education system, explore innovative policies that are being proposed and implemented at the state and local level, and examine the federal investment in education and its limited impact on student achievement. 

Testifying before the committee were: Dr. Tony Bennett, Superintendent of Public Instruction, Indiana Department of Education, 

Indianapolis, IN; Ms. Lisa Graham Keegan, Founder, Education 

Breakthrough Network, Phoenix, AZ; Mr. Andrew Coulson, Director, Center for Educational Freedom, CATO Institute, Seattle, WA; 


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and Mr. Ted Mitchell, President and Chief Executive Officer, New 

Schools Venture Fund, San Francisco, CA. 

On March 1, 2011, the Committee on Education and the Workforce held a hearing in Washington, DC, on ‘‘Education Regulations: Weighing the Burden on Schools and Students.’’ The purpose 

of the hearing was to examine the burden of federal, state, and 

local regulations on the nation’s education system and to learn 

whether these time consuming and duplicative requirements ultimately improve student achievement. Testifying before the committee were: Mr. Gene Wilhoit, Executive Director, Council of Chief 

State School Officers, Washington, DC; Dr. Edgar Hatrick, Superintendent, Loudoun County Public Schools, Ashburn, VA; Mr. 

Christopher B. Nelson, President, St. John’s College, Annapolis, 

MD; and Ms. Kati Haycock, President, The Education Trust, Washington, DC. 

On March 9, 2011, the Committee on Education and the Workforce held a hearing in Washington, DC, on, ‘‘The Budget and Policy Proposals of the U.S. Department of Education.’’ The purpose 

of the hearing was to discuss the department’s budget request for 

Fiscal Year 2012. Testifying before the committee was the Honorable Arne Duncan, Secretary, U.S. Department of Education, 

Washington, DC. 

On March 15, 2011, the Committee on Education and the Workforce Subcommittee on Early Childhood, Elementary, and Secondary Education, held a hearing in Washington, DC, on ‘‘Education Regulations: Burying Schools in Paperwork.’’ The purpose of 

the hearing was to hear from local officials representing elementary and secondary schools about the paperwork burden bureaucratic regulations impose on their schools and school districts. Testifying before the subcommittee were: Mr. Robert P. ‘‘Bob’’ 

Grimesey, Jr., Superintendent, Orange County Public Schools, Orange, VA; Mr. James Willcox, Chief Executive Officer, Aspire Public Schools, Oakland, CA; Ms. Jennifer A. Marshall, Director of Domestic Policy Studies, Heritage Foundation, Washington, DC; and 

Mr. Chuck Grable, Assistant Superintendent for Instruction, Huntington County Community School Corporation, Huntington, IN. 

On April 7, 2011, the Committee on Education and the Workforce 

held a hearing in Washington, DC, on, ‘‘Education Reforms: Promoting Flexibility and Innovation.’’ The purpose of the hearing was 

to discuss the appropriate federal role in elementary and secondary 

education and explore the work of state and local education leaders 

who are pushing for innovative approaches to education reform and 

greater state and local flexibility. Testifying before the committee 

were: Dr. Janet Barresi, State Superintendent of Public Instruction, Oklahoma State Department of Education, Oklahoma City, 

OK; Dr. Gary Amoroso, Superintendent, Lakeville Area Public 

Schools, Lakeville, MN; Mr. Yohance Maqubela, Chief Operating 

Officer, Howard University Middle School of Mathematics and 

Science, Washington, DC; and Dr. Terry Grier, Superintendent, 

Houston Independent School District, Houston, TX. 

On June 1, 2011, the Committee on Education and the Workforce 

Subcommittee on Early Childhood, Elementary, and Secondary 

Education held a hearing in Washington, DC, on ‘‘Education Reforms: Exploring the Vital Role of Charter Schools.’’ The purpose 

of the hearing was to examine the contributions of charter schools 


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to state and local efforts to improve public education and the importance of empowering parents to choose the best school environment for their children. Testifying before the subcommittee were: 

Ms. DeAnna Rowe, Executive Director, Arizona State Board for 

Charter Schools, Phoenix, AZ; Ms. Debbie Beyer, Executive Director, Literacy First Charter Schools, El Cajon, CA; Dr. Gary Miron, 

College of Education, Western Michigan University, Kalamazoo, 

MI; and Dr. Beth Purvis, Executive Director, Chicago International 

Charter School, Chicago, IL. 

On July 27, 2011, the Committee on Education and the Workforce held a hearing in Washington, DC, on ‘‘Education Reforms: 

Exploring Teacher Quality Initiatives.’’ The purpose of the hearing 

was to highlight state and local efforts to improve teacher quality 

and examine select teacher reform issues that could be addressed 

as part of the committee’s ongoing effort to reauthorize the Elementary and Secondary Education Act. Testifying before the committee were: Mr. Kevin S. Huffman, Commissioner, Tennessee Department of Education, Nashville, TN; Mr. Tom Boasberg, Superintendent, Denver Public Schools, Denver, CO; Ms. Kate Walsh, 

President, National Council on Teacher Quality, Washington, DC; 

and Mr. David Cicarella, President, New Haven Federation of 

Teachers, New Haven, CT. 

On September 14, 2011, the Committee on Education and the 

Workforce held a hearing in Washington, DC, on ‘‘Education Reforms: Examining the Federal Role in Public School Accountability.’’ The purpose of the hearing was to examine the role of the 

federal government in holding public schools accountable for student achievement. Testifying before the committee were: Ms. 

Hanna Skandera, Secretary-Designate of Education, New Mexico 

Department of Public Education, Santa Fe, NM; Dr. Amy Sichel, 

Superintendent of Schools, Abington School District, Abington, PA; 

Ms. Blaine Hawley, Principal, Red Pump Elementary School, Bel 

Air, MD; and Mr. Alberto M. Carvalho, Superintendent of Schools, 

Miami-Dade County Public Schools, Miami, FL. 

On September 21, 2011, the Education and the Workforce Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing in Washington, DC, on ‘‘Education Reforms: 

Ensuring the Education System is Accountable to Parents and 

Communities.’’ The purpose of the hearing was to examine the role 

of the federal government in holding public schools accountable for 

student achievement. Testifying before the subcommittee were: Dr. 

Jay P. Greene, Professor, University of Arkansas, Fayetteville, AR; 

Dr. Benny L. Gooden, Superintendent of Schools, Fort Smith Public 

Schools, Fort Smith, AR; Mr. Bill Jackson, Founder and Chief Executive Officer, GreatSchools, San Francisco, CA; and Ms. Laura 

W. Kaloi, Public Policy Director, National Center for Learning Disabilities, Oak Hill, VA. 

On November 16, 2011, the Education and the Workforce Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing in Washington, DC, on ‘‘Education Research: 

Identifying Effective Programs to Support Students and Teachers.’’ 

The purpose of the hearing was to examine the federal role in supporting education research and evaluation, the role of the private 

and non-profit sector in supporting education research, and how 

states, school districts, and other practitioners use data gleaned 


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from research to improve student achievement. Testifying before 

the subcommittee were: Dr. Grover J. ‘‘Russ’’ Whitehurst, Senior 

Fellow and Director of the Brown Center on Education Policy, 

Brookings Institution, Washington, DC; Dr. Caroline M. Hoxby, 

Scott and Donya Bommer Professor of Economics, Stanford University, Stanford, CA; Dr. Eric Smith, former Florida Commissioner of 

Education, Annapolis, MD; and Mr. Steve Fleischman, Director, 

Regional Educational Laboratory (REL) Northwest, Portland, OR. 

Second session 

On Thursday, February 16, 2012, the Committee on Education 

and the Workforce held a legislative hearing in Washington, DC, 

on ‘‘H.R. 3989, the Student Success Act and H.R. 3990, the Encouraging Innovation and Effective Teachers Act.’’ The purpose of this 

legislative hearing was to hear testimony on the committee’s two 

remaining bills to complete work on reauthorization of the Elementary and Secondary Education Act. Testifying before the committee 

were: Mr. Tom Luna, Superintendent of Public Instruction, Idaho 

Department of Education, Boise, ID; Ms. Delia Pompa, Senior Vice 

President of Programs, National Council of La Raza, Washington, 

DC; The Honorable Bob Schaffer, Chairman, Colorado State Board 

of Education, Fort Collins, CO; Dr. Robert Balfanz, Co-Director, Everyone Graduates Center, School of Education, Johns Hopkins University, Baltimore, MD; Ms. Felicia Kazmier, Art Teacher, Otero 

Elementary School, Colorado Springs, CO; and Mr. Jimmy 

Cunningham, Superintendent of Schools, Hampton School District, 

Hampton, AR. 

Legislative action—first session 

On May 13, 2011, Rep. Duncan Hunter (R–CA), Rep. John Kline 

(R–MN), and Rep. Howard P. ‘‘Buck’’ McKeon (R–CA) introduced 

H.R. 1891, the Setting New Priorities in Education Spending Act. 

The bill repeals the authorizations of 41 wasteful elementary and 

secondary education programs, reducing the number of federal Elementary and Secondary Education Act programs by half. 

On May 25, 2011, the Committee on Education and the Workforce considered H.R. 1891 in legislative session and reported the 

bill favorably, as amended, to the House of Representatives by a 

vote of 23–16. 

The committee considered and adopted the following amendments to H.R. 1891: 

• Rep. Duncan Hunter (R–CA) offered an amendment in the nature of a substitute to make technical corrections to the legislation. 

The amendment was adopted by a voice vote. 

• Rep. Todd Russell Platts (R–PA) offered an amendment to restore authority for the Parent Information and Resource Center 

(PIRC) program. The amendment was adopted by a vote of 20–19. 

The committee further considered the following amendments to 

H.R. 1891, which were not adopted: 

• Rep. Dale Kildee (D–MI) offered an amendment to amend 

Reading First to provide literacy services in Pre-K through 12. The 

amendment failed by a vote of 16–23. 

• Rep. Rush Holt (D–NJ) offered an amendment to amend the 

Fund for Improvement of Education to support foreign language 


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education and other activities. The amendment failed by a vote of 

16–23. 

• Rep. Dave Loebsack (D–IA) offered an amendment to amend 

Safe and Drug Free Schools to provide essential support services 

for students. The amendment failed by a vote of 16–23. 

• Rep. Robert ‘‘Bobby’’ Scott (D–VA) offered an amendment to 

amend Title V, Part A (Innovative Programs) to provide services for 

drop-out prevention. The amendment failed by a vote of 16–23. 

• Rep. Todd Russell Platts (R–PA) offered an amendment to restore authority for Even Start. The amendment failed by a vote of 

16–23. 

• Rep. Mazie Hirono (D–HI) offered an amendment to restore 

Native Hawaiian Education and Alaska Native programs. The 

amendment failed by a vote of 16–23. 

On June 16, 2011, Rep. Duncan Hunter (R–CA) and Rep. John 

Kline (R–MN) introduced H.R. 2218, the Empowering Parents 

through Quality Charter Schools Act. The bill reauthorizes and improves the existing charter school provisions under the Elementary 

and Secondary Education Act. 

On June 22, 2011, the Committee on Education and the Workforce considered H.R. 2218 in legislative session and reported it favorably, as amended, to the House of Representatives by a bipartisan vote of 34–5. The committee considered and adopted one 

amendment to the bill, an amendment in the nature of a substitute 

offered by Rep. Duncan Hunter (R–CA). The amendment was 

adopted by voice vote. 

The House of Representatives passed H.R. 2218 on September 

13, 2011, by a bipartisan vote of 365–54. The bill was sent to the 

Senate and referred to the Senate Committee on Health, Education, Labor, and Pensions. 

On July 7, 2011, Rep. John Kline (R–MN), Rep. Lou Barletta (R– 

PA), Rep. Larry Bucshon (R–IN), Rep. Scott DesJarlais (R–TN), 

Rep. Bob Goodlatte (R–VA), Rep. Richard Hanna (R–NY), Rep. Joseph Heck (R–NV), Rep. Duncan Hunter (R–CA), Rep. Mike Kelly 

(R–PA), Rep. Howard P. ‘‘Buck’’ McKeon (R–CA), Rep. Kristi Noem 

(R–SD), Rep. David P. Roe (R–TN), and Rep. Glenn Thompson (R– 

PA) introduced H.R. 2445, the State and Local Funding Flexibility 

Act. This bill strikes the State and Local Educational Agencies 

Funding Transferability program under the Elementary and Secondary Education Act and replaces it with a more flexible program 

allowing for greater use of federal education funds. 

On July 13, 2011, the Committee on Education and the Workforce considered H.R. 2445 in legislative session and reported it favorably, as amended, to the House of Representatives by a vote of 

23–17. 

The committee considered and adopted the following amendment 

to H.R. 2445: 

• Rep. Glenn Thompson (R–PA) offered an amendment in the 

nature of a substitute to make technical corrections to the legislation. It also reiterated that states and school districts must comply 

with all civil rights requirements and school funding allocation requirements. The amendment was adopted by a voice vote. 

The committee further considered the following amendments to 

H.R. 2445, which were not adopted: 


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• Rep. George Miller (D–CA) offered an amendment to prohibit 

local educational agencies from using funds allocated for Title I, 

Part A, for any other purpose. The amendment failed by a vote of 

17–23. • Rep. Rau ́l Grijalva (D–AZ) offered an amendment to prohibit 

state and local educational agencies from using funds allocated for 

English Language Acquisition, Language Enhancement, and Academic Achievement for any other purpose. The amendment failed 

by a vote of 17–23. • Rep. Rube ́n Hinojosa (D–TX) offered an amendment to prohibit 

state and local educational agencies from using funds allocated for 

the Education of Migratory Children for any other purpose. The 

amendment failed by a vote of 17–23. • Rep. Robert ‘‘Bobby’’ Scott (D–VA) offered an amendment to 

prohibit state and local educational agencies from using funds allocated for the Education of Neglected, Delinquent, or At-Risk Children for any other purpose. The amendment failed by a vote of 17– 

23. • Rep. Dale Kildee (D–MI) offered an amendment to prohibit 

local educational agencies from using funds allocated for Indian 

Education for any other purpose. The amendment failed by a vote 

of 17–23. • Rep. Rush Holt (D–NJ) offered an amendment to add reporting 

requirements on state and local educational agencies on how funds 

are used. The amendment failed by a vote of 17–23. 

Second session 

On February 9, 2012, Rep. John Kline (R–MN), Rep. Scott 

DesJarlais (R–TN), Rep. Joseph Heck (R–NV), Rep. Duncan Hunter 

(R–CA), Rep. Kristi Noem (R–SD), Rep. Thomas Petri (R–WI), Rep. 

Martha Roby (R–AL), Rep. David P. Roe (R–TN), Rep. Glenn 

Thompson (R–PA), and Rep. Joe Wilson (R–SC) introduced H.R. 

3989, the Student Success Act. H.R. 3989 is co-sponsored by Rep. 

Mike Kelly (R–PA) and Rep. Austin Scott (R–GA). The bill eliminates onerous federal ‘‘Adequate Yearly Progress,’’ ‘‘Highly Qualified Teacher,’’ and ‘‘Maintenance of Effort’’ requirements, and provides states and school districts with increased flexibility and control to boost student achievement. 

On February 9, 2012, Rep. John Kline (R–MN), Rep. Scott 

DesJarlais (R–TN), Rep. Joseph Heck (R–NV), Rep. Duncan Hunter 

(R–CA), Rep. Kristi Noem (R–SD), Rep. Thomas Petri (R–WI), Rep. 

Martha Roby (R–AL), Rep. David P. Roe (R–TN), and Rep. Joe Wilson (R–SC) introduced H.R. 3990, the Encouraging Innovation and 

Effective Teachers Act. H.R. 3990 is co-sponsored by Rep. Mike 

Kelly (R–PA). The bill consolidates more than 70 existing elementary and secondary education programs into a new Local Academic 

Flexible Grant, requires locally developed and implemented teacher 

evaluations, and supports opportunities for parents to enroll their 

children in local magnet schools and charter schools. 

On February 28, 2012, the Committee on Education and the 

Workforce considered H.R 3989 in legislative session and reported 

the bill favorably, as amended, to the House of Representatives by 

a vote of 23–16. 

The committee considered and adopted the following amendments to H.R. 3989: 


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• Rep. John Kline (R–MN) offered an amendment in the nature 

of a substitute. The amendment was adopted by a voice vote. • Rep. Todd Rokita (R–IN) offered an amendment to require the 

Secretary of Education to eliminate the full time equivalent employee positions associated with the eliminated and consolidated 

programs under the bill. The amendment was adopted by a vote of 

23–16. 

The committee further considered the following amendments to 

H.R. 3989, which were not adopted: • Rep. George Miller (D–CA) offered an amendment in the nature of a substitute. The amendment failed by a vote of 16–23. • Rep. Glenn Thompson (R–PA) offered an amendment to alter 

the Title I formula to provide greater weight to the percentage of 

a district’s students in poverty. The amendment failed by a vote of 

16–22, with one member voting ‘‘present.’’ • Rep. Joseph Heck (R–NV) offered a secondary amendment to 

the Thompson amendment to hold harmless existing grantees. The 

amendment was withdrawn. • Rep. Todd Rokita (R–IN) offered an amendment to allow states 

to opt out of the Elementary and Secondary Education Act and receive a tax credit for their citizens in lieu of federal education 

funds. The amendment was withdrawn. 

On February 28, 2012, the Committee on Education and the 

Workforce considered H.R. 3990 in legislative session and reported 

the bill favorably, as amended, to the House of Representatives by 

a vote of 23–16. 

The committee considered and adopted the following amendment 

to H.R. 3990: • Rep. John Kline (R–MN) offered an amendment in the nature 

of a substitute. The amendment was adopted by a voice vote. 

The committee further considered the following amendments to 

H.R. 3990, which were not adopted: • Rep. George Miller (D–CA) offered an amendment in the nature of a substitute. The amendment failed by a vote of 16–23. • Rep. Judy Biggert (R–IL) offered an amendment to remove 

mandates on teacher evaluations. The amendment was withdrawn. 

SUMMARY

H.R. 3989, the Student Success Act, offers a better way forward 

for education reform by: • Returning responsibility for student achievement to states, 

school districts, and parents, while maintaining high expectations. 

• Providing states and school districts greater flexibility to meet 

students’ unique needs. 

• Investing limited taxpayer dollars wisely. • Strengthening programs for schools and targeted populations. • Maintaining and strengthening long-standing protections for 

state and local autonomy. 

Returning responsibility for student achievement to states, school 

districts, and parents, while maintaining high expectations 

The Student Success Act dramatically reduces the federal role in 

education by returning authority for measuring student performance and turning around low-performing schools to states and local 

officials. Across the country, states and school districts are leading 


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efforts to reform the nation’s troubled education system. As these 

bold reformers step up, the federal government can step back, limiting its role to ensuring parents have the information they need 

to judge the quality of their schools. The bill includes a number of 

key revisions to the current Title I program to increase state and 

local flexibility and restore local control of education. • Academic Standards: Similar to current law, the bill requires 

states to establish academic standards that apply to all students 

and schools in the state in at least reading and math, while allowing states to develop standards in other subjects at their discretion. 

Achievement standards used for judging student and school performance must align with content standards, but the bill removes 

federal requirements for basic, proficient, and advanced levels of 

achievement. States are also allowed to establish alternate achievement standards aligned to the content standards for students with 

the most significant disabilities. Finally, the bill consolidates the 

requirements for English proficiency standards into the main Title 

I program. • Academic Assessments: Similar to current law, the bill requires 

states to develop and implement a set of annual assessments in 

reading and math, the foundation for student learning. To reduce 

the burden of over-testing on our nation’s students, the bill eliminates the federal requirement that states administer assessments 

in science. States retain the option to develop assessments in 

science and other subjects at their discretion. States are required 

to give the same grade level reading and math assessments to all 

students in the state in each of grades 3–8 and once in high school. 

Assessments still must include reasonable accommodations for students with disabilities. States are allowed to adopt alternate assessments for students with the most significant cognitive disabilities and computer adaptive assessments, and have the flexibility 

to use multiple measures of student achievement. The bill maintains requirements on disaggregating subgroup data, assessing the 

English proficiency of English learners, and ensuring 95 percent 

participation rates for all students and each subgroup. 

• Accountability: The bill eliminates Adequate Yearly Progress 

(AYP) and replaces it with a state-determined accountability system that must: 

» Annually measure the academic achievement of all public 

school students against the state’s academic standards (including growth toward the standards) using the statewide assessment and other academic indicators determined by the state. 

» Annually evaluate and identify the academic performance 

of each public school in the state based on student academic 

achievement, including the achievement of all students and 

achievement gaps between student subgroups. 

» Include a school improvement system implemented by 

school districts that includes interventions in poor performing 

Title I schools. 

• School Improvement: The bill requires states to include, as part 

of their statewide accountability structure, a system of school improvement interventions implemented at the local level for Title I 

schools that the state determines to be poorly performing. The bill 

repeals the federally mandated interventions included in sections 

1116 and 1117 of current law, giving states and districts maximum 


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flexibility to develop appropriate school improvement strategies 

and rewards for their schools. The bill increases the state set-aside 

for school improvement to 7 percent (up from 4 percent), but eliminates the local set-asides, meaning more Title I money will flow directly to school districts. The bill eliminates the School Improvement Grants (SIG) program that the Secretary of Education used 

to create four unworkable turnaround models, instead using those 

funds to increase the authorization level for the Title I program. • Parent Information: The bill maintains the current requirement that states and school districts issue and distribute annual 

report cards, but streamlines the data reporting to ensure meaningful information is easily available to parents and communities. 

States and districts must report disaggregated student achievement data on the state assessment and other academic indicators 

used in the statewide accountability system, participation rates on 

those assessments, the adjusted cohort graduation rate, each 

school’s evaluation under the statewide accountability system, 

English language proficiency, and results on the 4th and 8th grade 

reading and mathematics National Assessment of Educational 

Progress (NAEP). The bill maintains parents’ right to know their 

students’ achievement levels, and moves the right to know teacher 

professional qualifications from Title I to Title II of the ESEA. • Direct Student Services: The bill requires states to set aside 3 

percent of Title I money to provide competitive grants to school districts that wish to offer tutoring or public school choice to their students, including those in poor performing schools. • Highly Qualified Teachers: The bill repeals section 1119 of current law, which sets federal requirements around teachers and 

paraprofessionals and removes the requirement that teachers be 

highly qualified. H.R. 3990, the Encouraging Innovation and Effective Teachers Act, includes requirements for locally developed 

teacher evaluations, enabling federal teacher policy to move from 

onerous and meaningless burdens to strategies that will reassure 

parents that their students’ teachers are effective. 

• State Laws on Parent Authority: The bill includes a provision 

stating that nothing in the law should be interpreted to impact 

state laws on parent exercise of authority over low-performing 

schools. 

Providing states and school districts greater flexibility to meet students’ unique needs 

• Funding Flexibility: Consistent with H.R. 2445, the State and 

Local Funding Flexibility Act, the bill allows states and school districts to use funds for certain special population programs for any 

activity authorized under any of the other programs. This allows 

state and local officials to use federal funds to meet their own 

unique needs. While school districts will not be allowed to use 

funds received for Title I schools outside of those schools, they can 

move additional federal funding to low-income schools. The bill 

maintains separate funding streams for the Migrant Education, 

Neglected and Delinquent, English Language Acquisition, and Indian Education programs, but merges them into Title I. 

• Schoolwide Programs: The bill eliminates the 40 percent poverty threshold for schoolwide programs, allowing all Title I schools 

to operate whole school reform efforts. This change, included in the 


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Obama administration’s waiver package, will allow low-income 

schools greater flexibility to consolidate programs and focus their 

efforts on raising the achievement of all students. 

Investing limited taxpayer dollars wisely 

• Authorization Levels: The bill limits funding authorizations to 

the FY 2012 appropriated levels. Consistent with the charge to increase public transparency and end the use of ‘‘such sums,’’ the bill 

ties potential funding increases to inflation. It also consolidates authorization levels into one section in the law. • Reducing Federal Bureaucracy: The bill requires the Secretary 

to eliminate the full time equivalent (FTE) employee positions associated with the eliminated and consolidated program under the bill. 

Specifically, the Secretary would have two months to identify how 

many FTEs worked on or administered programs that have been 

eliminated or consolidated under the legislation; he would then 

have one additional year to reduce the department’s workforce by 

that number. • State and Local Spending Decisions: The bill removes all 

‘‘Maintenance of Effort’’ (MOE) requirements, allowing states and 

school districts to set their own funding levels for elementary and 

secondary education. These requirements are removed for four reasons: » Dictating how states and school districts spend their tax 

revenues as a condition of receiving federal funds is not an appropriate federal role. » MOE requirements assume that increased education 

spending will improve educational outcomes. Decades of data 

prove this argument false. » MOE requirements provide disincentives for states and 

school districts to innovate and deliver better educational services more efficiently. » Data from the U.S. Department of Education show that, 

since enactment of No Child Left Behind, nearly every school 

district request to waive MOE has been granted. The bill acknowledges this reality and eliminates the burden for districts. 

At the same time, the legislation maintains the law’s ‘‘supplement, not supplant’’ requirements, which ensure that federal dollars are used on top of state and local resources, protecting the traditional federal role in education. Maintaining these provisions will 

ensure states and districts will not be able to dramatically cut education spending and fill in the gaps with federal dollars. 

Strengthening programs for schools and targeted populations 

The Student Success Act maintains separate funding streams for 

the Migrant Education, Neglected and Delinquent, English Language Acquisition, Rural Education, and Indian Education programs, but merges them into Title I of the law. The bill strengthens each program in key ways. 

• Education of Migratory Children: The bill provides a reservation of funds to assist states in supporting high-quality educational 

programs and services to address the unique educational needs of 

migratory children, including during summer periods. The legislation strengthens how migrant student counts are determined in 

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ble full time equivalent migratory children from the previous three 

years and a count of the number of migratory children who receive 

services under summer programs. The bill also allows states, school 

districts, and other public and private entities to improve intrastate and interstate coordination and information exchanges regarding migratory children. 

• Prevention and Intervention Programs for Children and Youth 

who are Neglected, Delinquent, or At-Risk: The bill provides a reservation of funds to improve educational services for students in 

state and local institutions or for those children who are transferring out of institutionalization. The legislation emphasizes receipt 

of a regular high school diploma to the extent feasible, and makes 

minor technical and clarifying changes to improve the operation of 

the program. 

• English Language Acquisition, Language Enhancement, and 

Academic Achievement: The bill includes a reservation of funds to 

provide services to help non-English speakers learn English and 

meet state academic standards. The bill consolidates accountability 

and reporting requirements for English learners into the Title I 

program to encourage greater alignment, while maintaining student achievement expectations for these students and public reporting of progress. The bill changes how the Secretary of Education determines immigrant student and English learner counts, 

to ensure states and school districts receive accurate and reliable 

data and stabilize funding. Consistent with H.R. 1891, the Setting 

New Priorities in Education Spending Act, the bill eliminates the 

Improving Language Instruction Educational Programs, which 

have never been funded and are duplicative of the main program. 

• Rural Education: The bill reserves funds for rural school districts and schools in both the Small Rural School Achievement 

(SRSA) Program and the Rural and Low-Income School (RLIS) Program. The legislation updates current locale codes, which determine eligibility of rural districts and schools under both programs, 

and includes a sliding scale hold harmless formula for districts that 

would become ineligible under the SRSA program because of the 

new codes. The bill allows school districts to apply for funding 

under both the SRSA and the RLIS Programs. 

• Indian Education: The bill reserves funds to meet the unique 

educational and cultural needs of American Indian students and 

encourages Indian tribes, communities, and parents to participate 

in the education of their children. The bill allows school districts 

and Indian tribes applying for formula grants to apply in consortia 

to maximize the use of federal funds. Consistent with H.R. 1981, 

the Setting New Priorities in Education Spending Act, the bill 

eliminates the Native Hawaiian Education and Alaska Native Education Equity programs, which are duplicative of other services and 

funds provided to these populations under Title I. The bill also 

eliminates the Fellowships for Indian Students program and the 

Improvement of Educational Opportunities for Adult Indians program, which have not been funded since 1995. It also eliminates 

the In-Service Training for Teachers of Indian Children Grant, the 

Gifted and Talented Indian Students program, and the Grants to 

Tribes for Education Administrative Planning and Development 

program, which have never received federal funding. 


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Maintaining and strengthening long-standing protections for state 

and local autonomy 

The Student Success Act includes the General Provisions of 

ESEA, but moves them from the current Title IX to a new Title V. 

The bill maintains and strengthens these important protections for 

students, parents, communities, states, and school districts while 

eliminating other burdensome and duplicative requirements. • Private School Students: The bill strengthens provisions to ensure the participation of private school students and teachers in 

the programs funded under the ESEA. The bill improves the consultation and negotiation processes to provide clearer procedures 

and faster notice for private school officials. These changes will better protect access for private school students. • Secretary’s Authority: The bill protects state and local autonomy over decisions in the classroom and limits the authority of the 

Secretary of Education. The legislation: (1) prohibits the Secretary 

from imposing conditions on states and school districts in exchange 

for a waiver of federal elementary and secondary education law; (2) 

prevents the Secretary from creating additional burdens on states 

and districts through the regulatory process, particularly in the 

areas of standards, assessments, and state accountability plans; (3) 

prohibits the Secretary from demanding changes to state standards 

and influencing and coercing states to enter into partnerships with 

other states; and (4) outlines specific procedures the Secretary 

must follow when issuing federal regulations and conducting peer 

review processes for grant applications, including publicly releasing 

the identity of peer reviewers, that will bring greater transparency. • Military Recruiters: The bill improves the military recruiting 

provisions in current law by ensuring military recruiters have the 

same access to high schools as institutions of higher education. 

COMMITTEE VIEWS

Introduction 

In 1965, Congress passed the Elementary and Secondary Education Act (ESEA) with the limited goal of providing states and 

local school districts with additional resources to ensure disadvantaged students have access to a quality education. The importance 

of ensuring students gain the skills necessary to graduate high 

school prepared for postsecondary education and the workforce is 

clear. A well-educated workforce is directly tied to the nation’s ability to create jobs and maintain our competitive edge in a global 

economy. 

The latest iteration of the ESEA, No Child Left Behind (NCLB), 

was heralded as groundbreaking when it was signed into law, and 

in some ways it was. The expanded use of data helped superintendents, school leaders, and teachers identify students most in need of 

additional instruction and offered parents access to important information about the quality of their schools. 

But we have now clearly identified the law’s weaknesses, and despite its best intentions, there is widespread agreement that current law is no longer effectively serving students. Under NCLB’s 

accountability system, known as adequate yearly progress (AYP), 

all schools that fail to meet target proficiency levels for two or more 

consecutive years are required to undergo the same series of preVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00126 Fmt 6659 Sfmt 6602 E:\HR\OC\HR458.XXX HR458

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scriptive federal interventions, regardless of the unique circumstances or challenges facing each school. This cascading system 

of mandated interventions has not worked as imagined or produced 

the desired results in turning around low-performing schools. 

The House Committee on Education and the Workforce is moving 

forward with education reform. For too long, states and school districts have been inundated with federal intervention and bureaucratic red tape that has done little to improve student performance. 

H.R. 3989, the Student Success Act, will return responsibility for 

student achievement to states and school districts, enhance local 

flexibility, protect taxpayers’ investments in education, and 

strengthen state and local autonomy. 

Funding authorizations 

In the more than four decades since passage of ESEA, federal 

control of public education has steadily increased and spending has 

exploded. According to the National Center for Education Statistics’ 

Digest of Education Statistics, in 2009, the United States spent 

more than $10,000 per pupil per year, nearly triple what was spent 

in 1965. Despite this record investment in public education by federal, state, and local governments, national academic performance 

has not improved. Math and reading scores have largely remained 

flat, graduation rates have stagnated, and researchers have found 

serious shortcomings with many federal education programs. 

The last 30 years have seen particularly dramatic increases in 

federal spending. U.S. Department of Education K–12 funding increased from less than $7 billion in 1980 to almost $38 billion in 

2008. The last four years have seen another spike in federal spending. With the passage of the American Recovery and Reinvestment 

Act (ARRA), the department’s K–12 budget ballooned to almost 

$119 billion in 2009, nearly tripling in one year. 

These increases have made the United States a world leader in 

education spending. Using 2007 data from the Organization for 

Economic Cooperation and Development (OECD), the National 

Center on Education Statistics reported in 2011 that the United 

States spent 7.6 percent of its Gross Domestic Product on education, second only to Iceland’s 7.8 percent. But despite these 

record investments, student achievement has not improved. At a 

February 10, 2011 hearing titled ‘‘Education in the Nation: Examining the Challenges and Opportunities Facing America’s Classrooms,’’ Mr. Andrew Coulson, from the non-profit, nonpartisan 

CATO Institute, stated that math and reading scores for graduating high school seniors have remained unchanged over the last 

40 years, while science scores have declined slightly. International 

comparisons reflect these trends. The OECD’s latest Programme for 

International Student Assessment report, released in December 

2010, ranked the United States 17th in reading, 31st in math, and 

23rd in science among developed nations. Mr. Coulson went on to 

say: 

To sum up, we have little to show for the $2 trillion in 

federal education spending of the past half century. In the 

face of concerted and unflagging efforts by Congress and 

the states. . . it now costs three times as much to provide 

essentially the same education as we provided in 1970. . . 

The only thing [spending] appears to have accomplished is 


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to apply the brakes to the nation’s economic growth, by 

taxing trillions of dollars out of the productive sector of the 

economy and spending it on ineffective programs. 

At the same time, our country faces a fiscal crisis. Our national 

debt now exceeds the total size of the U.S. economy, spurred on in 

recent years by annual deficits in excess of $1 trillion. Congress 

must be better stewards of taxpayer dollars, and H.R. 3989 takes 

an important step in the right direction. 

Even within these limits, the bill makes available more funds for 

low-income students than has been proposed by the Obama administration and Democrats in Congress. The administration’s Fiscal 

Year 2013 budget proposal, for example, would freeze funding for 

Title I, Part A of current law, at $14.5 billion. H.R. 3989, however, 

consolidates several unnecessary and duplicative grant programs to 

authorize more than $15 billion for that program. Rather than 

making unrealistic promises of future funding levels, this legislation makes strategic investments in fewer, more flexible funding 

streams, and caps their growth to ensure the federal government 

is living within its means. 

Aid to local educational agencies 

Title I of the Student Success Act restructures and amends Title 

I of ESEA, and addresses the following major issues: 

Academic standards 

H.R. 3989 requires states to establish academic standards that 

apply to all students and schools in the state in at least reading 

and mathematics, while allowing states to develop standards in 

other subjects at their discretion. Achievement standards used for 

judging student and school performance must align with the content standards, but the bill removes federal requirements for basic, 

proficient, and advanced levels of achievement. States are also allowed to establish alternate achievement standards aligned to the 

content standards for students with the most significant disabilities. In addition, the bill consolidates the requirements for English 

proficiency standards into the main Title I program. 

Most notably, the bill removes the requirement for standards in 

science. The committee believes that current law includes too many 

federally mandated requirements around academic standards and 

testing. This bill recognizes the consensus regarding the fundamental importance of mathematics and reading as the foundation 

for success in other subjects, and provides states the flexibility to 

implement standards and assessments in additional subjects 

should they choose to do so. 

At a February 16, 2012 legislative hearing entitled ‘‘H.R. 3989, 

‘Student Success Act’ and H.R. 3990, ‘Encouraging Innovation and 

Effective Teachers Act,’ ’’ Idaho State Superintendent of Public Instruction Tom Luna outlined the problems inherent in federal mandates around science. He stated: 

. . . [S]cience is more difficult to measure than math or 

reading because it is not sequential like math and reading 

[are]. And giving a science test at the end of the high 

school career like we do in math and reading does not 

work . . . if you want that to be a test that includes physVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00128 Fmt 6659 Sfmt 6602 E:\HR\OC\HR458.XXX HR458

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ical science, chemistry, and biology because those are . . . 

not sequential. So it is very, very difficult to measure. 

The removal of the mandate around science does not indicate a 

belief by the committee that science is unimportant. Clearly, a 

well-educated workforce must have a solid grounding in science 

and technology to ensure that our country remains competitive in 

the global economy. It is the committee’s expectation that states 

and school districts will continue the important work of providing 

students an effective science education. State Superintendent Luna 

addressed this overall concern when he said, ‘‘What I think this bill 

recognizes is that the federal government does not have to compel 

the states to do everything. If it is not found in this bill the assumption shouldn’t be it is not going to happen.’’ 

H.R. 3989 also continues and strengthens language allowing 

states to enter into voluntary partnerships with each other to fulfill 

the law’s requirements around academic standards and assessments. It is the committee’s intent to allow states to enter into voluntary partnerships with other states and to use federal funds to 

do so. Such decisions, though, must be entirely at the discretion of 

the state, free from interference by the Secretary of Education. The 

Secretary is not authorized to require states to enter into any such 

partnerships as a condition of receiving federal funds, nor authorized to offer such partnerships as a way to meet any other condition the Secretary may place upon a state. 

Academic assessments 

H.R. 3989 requires states to develop and implement a set of annual assessments in reading and mathematics, the foundation for 

student learning. As noted above, to reduce the burden of over-testing on our nation’s students, the bill eliminates the federal requirement that states administer assessments in science. States retain 

the option to develop assessments in science and other subjects at 

their discretion. 

States are required to give the same grade level reading and 

mathematics assessment to all students in the state in each of 

grades 3–8 and once in high school. Assessments still must include 

reasonable accommodations for students with disabilities, and 

states are allowed to adopt alternate assessments for students with 

the most significant cognitive disabilities. States are allowed to develop and administer computer adaptive assessments so educators 

can receive more meaningful feedback on classroom instruction, 

and have the flexibility to use multiple measures of student 

achievement. The bill maintains requirements on disaggregating 

subgroup data, assessing the English proficiency of English learners, and ensuring 95 percent participation rates for all students 

and each subgroup. 

Much criticism has been leveled at NCLB for forcing teachers to 

teach to the test. While the committee views that charge as overblown, the reauthorized law must balance the need for assessments 

with the recognition that classroom instruction should be the primary engine for meaningful improvements in performance. Assessments should be used as a tool to tailor instruction and to inform 

students, teachers, and families about academic performance, and 

the community about the quality of its schools. They should not, 

however, be the only tool. The committee believes the bill’s recogniVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00129 Fmt 6659 Sfmt 6602 E:\HR\OC\HR458.XXX HR458

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tion that state accountability systems should not be based entirely 

on one test will address the excessive focus on assessments. 

School accountability and improvement 

H.R. 3989 eliminates the federal accountability system known as 

AYP. In its place, the bill requires states to develop and implement 

a statewide accountability system that will result in students graduating from high school prepared for postsecondary education and 

the workforce. The system must include the following elements: 

• Annually measure the academic achievement of all public 

school students against the state’s academic standards (including 

growth toward the standards) using the statewide assessment and 

other academic indicators determined by the state. 

• Annually evaluate and identify the academic performance of 

each public school in the state based on student academic achievement, including the achievement of all students and achievement 

gaps between student subgroups. 

• Include a school improvement system implemented by school 

districts that includes interventions in poor performing Title I 

schools. 

As noted above, the Student Success Act requires states to include a system of school improvement interventions as part of their 

statewide accountability structure. The bill repeals the federally 

mandated interventions included in Sections 1116 and 1117 of current law, giving states and districts maximum flexibility to develop 

appropriate school improvement strategies and rewards for their 

schools. The bill also increases the state set-aside for school improvement to 7 percent (up from 4 percent), but eliminates the 

local set-asides, meaning more Title I money will flow directly to 

school districts. The bill eliminates the School Improvement Grants 

(SIG) program that the Secretary of Education has used to create 

four unworkable turnaround models, instead using those funds to 

increase the authorization level for the Title I program. 

Under current law, AYP is a one-size-fits-all metric that restricts 

states’ and school districts’ ability to appropriately gauge student 

learning and tailor curriculum to enable students to graduate high 

school prepared for postsecondary education or the workforce. The 

Center on Education Policy report, ‘‘AYP Results for 2010–11,’’ published December 15, 2011, found the following: 

• An estimated 48 percent of public schools failed to make AYP 

in 2011, a 39 percent increase over 2010. 

• In 24 states and the District of Columbia, at least half of the 

schools failed to make AYP. 

• Some states saw exceptionally large percentages of schools failing to make AYP, including 89 percent in Florida. 

In addition, because current law requires all students to be proficient by the end of the 2013–2014 school year, every school in the 

nation is likely to be deemed a failure in two short years. 

Once schools fail to make to make AYP, they are thrown into a 

cascading system of interventions dictated at the federal level. 

Those sanctions are well-intentioned. But effective education reform will never come from the top down—it must be encouraged 

from the bottom up. The Student Success Act places responsibility 

for improving our schools squarely where it belongs, on the shoulVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00130 Fmt 6659 Sfmt 6602 E:\HR\OC\HR458.XXX HR458

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ders of our state and local leaders who know best how to meet the 

needs of our students. 

The large numbers of schools failing to make AYP are not a call 

to back away from accountability. Merely struggling to meet a 

standard is not a justification for changing that standard. But if an 

accountability system deems all schools to be failing, that system 

loses any meaning or usefulness as a tool for informing communities about the relative strengths of their schools or how best to 

direct resources to address their weaknesses. Ms. Blaine Hawley, 

principal at Red Pump Elementary School in Bel Air, Maryland, 

testified before the committee at a September 14, 2011 hearing entitled, ‘‘Education Reforms: Examining the Federal Role in Public 

School Accountability.’’ She captured the inherent flaw of AYP 

when she said: 

‘‘While the policies of the No Child Left Behind Act have 

done much good for helping states set high standards and 

helping us learn more about our unique populations of students through disaggregation of data to make better instructional decisions, our nation’s all-or-nothing yardstick 

for measuring school and student performance is simply 

flawed. As a result, we are now facing the unintended consequence of a misidentification of failing schools, and punitive labels acquired from a federal mandate that inaccurately measures student performance from an acrossthe-board, single snapshot in time.’’ 

Rather than layering one-size-fits-all accountability requirements 

onto state and local efforts, federal policy should support education 

reform at the state and local level, particularly those initiatives 

that demonstrate large gains in closing achievement gaps. As an 

example, Florida has seen dramatic gains in student achievement 

since the late 1990’s. A September 21, 2011 article in Real Clear 

Politics entitled ‘‘Jeb Bush and Florida’s Education Success’’ clearly 

outlines this success story. Florida began implementing its A-Plus 

Plan in 1999, prior to passage of NCLB. The state’s plan sets high 

standards and holds schools accountable for student performance, 

including assigning letter grades to all schools in the state. But it 

also offers public and private school choice options, instructional reforms and intervention strategies to improve learning in core subjects, and support for hiring and retaining effective teachers. Florida’s success includes: 

• In 1998, Florida’s fourth-graders scored at the bottom nationally in National Assessment of Educational Progress (NAEP) scores 

in reading and mathematics. By 2009, they scored above the national average in both categories. 

• High school graduation rates have increased 21 percent even 

as state requirements have become more rigorous. 

• The number of African American and Hispanic students passing Advanced Placement tests has increased 365 percent. 

• Florida’s fourth-grade Hispanic students equal or surpass the 

performance of all students in 31 states. 

• Fourth-grade African American students in Florida outperform 

African American students in all but three states in NAEP mathematics scores. 


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• Low-income Florida elementary school students of all races 

rank near the top nationally in mathematics. 

When asked about education policy, former Florida Governor Jeb 

Bush told the Harvard Political Review, ‘‘By federalizing education 

policy you create resistance at the classroom, school, school district—and even the state level . . . I think you’re getting more dynamic results by having the states play the policy role and holding 

local school districts accountable for actual learning.’’ 

Unfortunately, some disregard these positive results, preferring 

to question the intent and downplay the capabilities of state and 

local experts. These detractors blindly insist Washington bureaucrats know best when it comes to the nation’s classrooms, and continue to push outdated policies full of prescriptive mandates and 

heavy federal intrusion in K–12 education. 

H.R. 3989 also includes a provision to ensure the new law does 

not impede or undermine state efforts to empower parents to assume authority over their students’ schools. For example, in California, the parent trigger law is directly tied to requirements under 

Section 1116 of current law. It is not the intent of the committee 

to weaken the purposes of that law or other similar state laws. The 

committee encourages states to maintain the authority granted to 

parents under state law as they develop and implement new accountability systems as required under this Act. 

Direct Student Services 

H.R. 3989 requires states to set aside 3 percent of their Title I 

allocation to award grants to local school districts to support Direct 

Student Services. The committee believes students should have access to important options that will help improve academic achievement. For example, students should have the option to immediately 

attend high-performing public schools to ensure they are not 

trapped in the education system as school officials work to turnaround poor performing schools. Students should also have the 

ability to access high-quality academic tutoring programs for additional help to succeed academically. 

Unlike the current requirement to provide supplemental educational services, repealed under the Student Success Act, state 

educational agencies will approve providers, including both forprofit and non-profit academic tutors, and school districts will select a wide variety of approved providers, including both for-profits 

and non-profits, to ensure parents and students have a diverse 

group of entities to choose from in order to meet their unique 

needs. The committee urges states to award grants only to those 

eligible school districts that provide meaningful choices of tutoring 

providers to parents and believes this can only happen if school districts select a number of providers that offer small group tutoring 

through a variety of methods, including online and on campus. As 

the new leading partner of the Direct Student Services program, 

school districts must take ownership of this important program 

geared toward providing choice options to all students, which 

means offering ample space in high performing schools and quality 

tutoring options for students. 


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Data transparency 

NCLB has been roundly praised for shining a light on achievement gaps that exist among a school’s students. The committee believes this important feature of NCLB must be continued—no 

longer can schools hide behind schoolwide averages while disadvantaged students struggle in the shadows. 

H.R. 3989 maintains the current requirement that states and 

school districts issue and distribute annual report cards, while 

streamlining the data reporting to ensure meaningful information 

is easily available to parents and communities. States and districts 

must continue to report disaggregated data on student achievement 

on the state assessment and other academic indicators used in the 

statewide accountability system, participation rates on those assessments, the adjusted cohort graduation rate, each school’s evaluation under the statewide accountability system, and English language proficiency. States and districts will also continue to participate in the 4th and 8th grade reading and mathematics NAEP and 

publicly report their results so the public can compare data across 

states to ensure their state’s standards and achievement results 

are sufficiently rigorous and meaningful. Ultimately, schools must 

be accountable to parents and communities. The Student Success 

Act makes sure stakeholders have the information they need to 

adequately evaluate the quality of their schools. 

Local capacity building 

H.R. 3989 directs states to provide technical assistance to school 

districts in implementing the requirements of this Act, similar to 

current law. It is the committee’s intent that states provide technical assistance in areas of need identified by districts, which could 

include implementation of standards, assessments, and new systems for accountability and school improvement, and identification 

of appropriate instructional materials. 

Schoolwide program authority 

H.R. 3989 eliminates the 40 percent poverty threshold for 

schoolwide programs, allowing all Title I schools to operate whole 

school reform efforts. Under current law, only eligible schools with 

a poverty level of at least 40 percent are able to use Title I funds 

for schoolwide programs that benefit all students. This poverty 

threshold was lowered from 75 percent to 50 percent in the 1994 

Improving America’s Schools Act, and reduced to the current 

threshold in NCLB. There is a long-standing, bipartisan federal 

recognition that the best way to address the needs of the most atrisk students is to enable and encourage schoolwide solutions. 

Highly qualified teachers 

H.R. 3989 repeals the definition of ‘‘highly qualified teacher 

(HQT)’’ and related provisions currently included in Section 1119 

of NCLB. Under current law, school districts receiving Title I funds 

are required to hire only teachers that are ‘‘highly qualified’’, defined as a teacher who has earned a bachelor’s degree, holds a 

state certification or license, and can demonstrate knowledge of the 

subject matter in question. These onerous federal requirements 

place too much emphasis on a teacher’s credentials, degrees, and 

licensing, and, as a result, schools have come to value a teacher’s 


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resume over his or her ability to increase student achievement. 

These undue burdens placed on teachers to meet input requirements are meaningless and have nothing to do with teacher effectiveness in the classroom. Additionally, the committee notes that 

members of the educational establishment have used the HQT definition to shutter alternative certification programs and innovative 

teaching approaches at many charter schools, which often recruit 

energetic and talented young teachers that inspire kids to succeed. 

According to a 2007 study by the Center on Education Policy, the 

highly qualified teacher provision was regarded by three-quarters 

of school district administrators and more than one-third of state 

officials as ineffective and having minimal or no impact on student 

achievement or efforts to improve teacher quality. The federal government does not need to place additional requirements on school 

districts as to what qualifications teachers must meet before entering the classroom, especially considering all states have teacher licensing requirements. The committee believes that it is time to reduce the size and scope of the Department of Education and roll 

back federal bureaucratic requirements and regulations. For these 

reasons, the highly qualified teacher provisions are repealed in the 

Student Success Act. 

Equitable participation of private school students 

The equitable participation of private school students has been a 

part of ESEA since its creation in 1965. These provisions are intended to help disadvantaged students that attend private schools 

and who are included in the calculation of federal funds allocated 

to public school districts. The committee believes the current process, which set out to ensure private school students access to these 

important services guaranteed to them for more than 45 years, is 

often an arduous and contentious process for private school and 

school district officials. Current law lacks clarity regarding the 

goals and topics of consultation, the timely expenditure of funds, 

the types of services to be provided, and the allowable means for 

delivering them to private school students. 

H.R. 3989 includes provisions in Title I and Title V (General Provisions) to establish clearer requirements under the consultation 

provisions for equitable participation. Under the proposed changes, 

participants in the consultation process will have clear and consistent goals, topics, and procedures to follow to ensure disadvantaged students are receiving the services to which they are entitled 

in a timely manner. The provisions will also allow private schools 

to consult with school districts and request that services be provided on a schoolwide basis, as long as providing the services would 

be permitted constitutionally. Finally, the bill provides for an official ombudsman at the state educational agency. This designated 

employee will serve as the primary point of contact for all interested parties for questions on equitable participation of private 

school students and will be responsible for maintaining the record 

of the required consultation. The committee notes that state educational agencies could designate an existing employee already on 

staff to fulfill this important requirement. 


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Maintenance of effort 

H.R. 3989 removes all ‘‘maintenance of effort (MOE)’’ requirements, allowing states and school districts to set their own funding 

levels for elementary and secondary education. These requirements 

are removed for four primary reasons: • The committee does not believe that dictating how states and 

school districts spend their tax revenues as a condition of receiving 

federal funds is an appropriate federal role. • MOE requirements assume that increased education spending 

will improve educational outcomes, though decades of data prove 

this argument false. • MOE requirements provide disincentives for states and school 

districts to innovate and deliver better educational services more 

efficiently. • Data from the U.S. Department of Education show that, from 

enactment of NCLB through fiscal year 2011, three out of every 

four MOE waiver requests have been granted. In addition, five 

states and the Commonwealth of Northern Mariana Islands requested MOE waivers under the State Fiscal Stabilization Fund included in ARRA. All were granted. This bill acknowledges this reality and eliminates the burden up front for school districts. 

At the same time, the Student Success Act maintains the law’s 

‘‘supplement, not supplant’’ requirements, which ensure that federal dollars are used as an addition to state and local resources, 

protecting the limited federal role in education. Maintaining these 

provisions ensure states and districts will not be able to dramatically cut education spending and fill in the gaps with federal dollars. 

Targeted populations and funding flexibility 

H.R. 3989 consolidates programs for migratory children, neglected and delinquent children, English learners, rural school districts, and Native Americans into Part A of Title I of ESEA, while 

maintaining separate reservations of funds for each population. 

The bill also enables states and school districts to rededicate funds 

across these programs to address the areas of greatest need for 

their students. 

The committee does not intend for states and school districts to 

neglect the needs of their most vulnerable students. But too often, 

school districts receive funds for specific purposes in amounts too 

small to have a meaningful benefit. H.R. 3989 allows states and 

districts to consolidate funding streams to develop innovative programs that will better meet the needs of their students. The bill’s 

requirement for disaggregation of student achievement data by 

subgroup will continue to ensure transparency around the progress 

of particular subgroups in meeting state academic standards. Overall, the Student Success Act maintains focus on special populations, 

while providing states and districts the flexibility to address their 

unique student needs. 

Additionally, H.R. 3989 makes minor changes to these targeted 

population programs to improve their performance. The bill allows 

for greater coordination across states and school districts regarding 

the exchange of migratory children’s health and academic records, 

improves the manner by which student counts for immigrant students and English learners are determined, and provides new opVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00135 Fmt 6659 Sfmt 6602 E:\HR\OC\HR458.XXX HR458

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portunities for Indian tribes and Bureau of Indian Education 

schools to improve student achievement by removing existing regulatory barriers. 

Curtailing excessive regulations 

The proliferation of federal regulations with which states and 

school districts must comply has grown over the last three decades, 

placing an overwhelming burden on schools that takes away their 

focus on educating our nation’s students. The committee has held 

numerous hearings in the 112th Congress to examine the issue in 

greater detail. One witness, Dr. Robert P. Grimesey, Jr., the Superintendent of Orange County Public Schools in Virginia, explained 

the problem in testimony at the March 15, 2011 hearing entitled, 

‘‘Education Regulations: Burying Schools in Paperwork.’’ He said: 

The vast majority of rural school superintendents and 

school board members understand and respect the need for 

reasonable accountability and transparency as we receive 

and invest federal dollars. However we believe that there 

is much that is not reasonable about the ever-expanding 

nature of many federal obligations. We also see a need for 

streamlined collaboration between [the U.S. Department of 

Education] and the [state educational agencies] in the articulation of data reporting requirements. Ultimately, 

many well-intended federal regulations are creating a ‘‘culture of compliance’’ that leads to a local fear of failure. 

Such a context makes federal compliance an end in itself. 

For localities at the end of this regulatory food chain, it becomes very difficult to maintain our focus on the achievement and welfare of our children. 

H.R. 3989 begins to address this over-regulation of the education 

system. The bill rewrites the regulatory process that the Secretary 

must follow in issuing new regulations, including providing for 

longer review periods for public comment, a new review period for 

Congress, a requirement that the Secretary calculate the proposed 

regulatory burden prior to the regulation being made final, and a 

requirement that old and duplicative regulations be repealed. This 

new process will help reduce excessive federal regulation on states, 

school districts, principals, and teachers; prevent the Secretary of 

Education from compounding the impact of federal regulations already on the books; and ensure stakeholders have ample time to 

raise concerns with proposed regulations and request they be addressed accordingly before the regulations are finalized. 

General provisions 

Title II of H.R. 3989 amends Title V of current law to include the 

General Provisions currently in Title IX of the ESEA. The bill addresses the following significant issues: 

Definitions 

Graduation Rate: In 2005, all 50 of the nation’s governors agreed 

to a common definition for calculating high school graduation rates. 

The rate is determined by the number of entering 9th graders divided by the number of graduating 12th graders four years later. 

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passing those students that need an additional one or two years to 

graduate high school. In 2010, Mr. John Thomasian, Director of the 

National Governors Association Center for Best Practices, stated, 

‘‘Governors agreed to use a more consistent and accurate graduation rate formula because they understand that better information 

on student outcomes is critical for ensuring that all students graduate from high school prepared for college, work and life.’’ States 

have been using this common definition since the 2010–2011 school 

year. 

H.R. 3989 codifies this approach by defining the terms ‘‘four-year 

adjusted cohort graduation rate’’ and ‘‘extended-year adjusted cohort graduation rate.’’ States would be required to report the four 

year rate, and allowed to report the extended year rate, to the public. The committee believes that the new definition will allow students, school leaders, parents, and lawmakers to have accurate and 

reliable information about high school and student performance. 

Technology: H.R. 3989 redefines the term ‘‘technology’’ to include 

the use of the Internet, computer devices, software applications, 

and data systems, among other modern information tools, in order 

to reflect technology’s role in a 21st century economy. Throughout 

the Student Success Act, states and school districts are given the 

flexibility to use technology in delivering academic assessments, 

professional development, distance education, and curriculum. The 

infusion of technology provides timely results to educators and parents, coursework that is dynamic and engaging, and personalized 

instruction to meet individual students’ needs. The definition 

should reflect its modern uses. 

Waiver authority 

H.R. 3989 clarifies and limits the Secretary of Education’s authority to issue waivers of the statutory and regulatory requirements of the ESEA. Unlike current law, the Student Success Act 

is clear that the Secretary may not add, impose, or require any condition outside of complying with the law in exchange for granting 

a waiver. 

In a September 23, 2011 letter to chief state school officers, the 

Secretary announced he would grant waivers from certain requirements of NCLB. He stated, ‘‘This voluntary opportunity will provide educators and state and local leaders with flexibility regarding 

specific requirements of NCLB in exchange for rigorous and comprehensive state-developed plans designed to improve educational 

outcomes for all students, close achievement gaps, increase equity, 

and improve the quality of instruction’’ (emphasis added). 

In February 2012, the Secretary granted 11 states a conditional 

waiver in exchange for adopting the department’s preferred mandates concerning what standards states will adopt, how states will 

evaluate teachers and school leaders, and how school districts will 

differentiate accountability and improvement for their schools. The 

legality of this approach to conditional waivers has been questioned 

by outside legal experts, such as former Department of Education 

General Counsel Kent Talbert and former Deputy General Counsel 

Robert Eitel, in a February 2012 report from the Pioneer Institute 

entitled, The Road to A National Curriculum: The Legal Aspects of 

the Common Core Standards, Race to the Top, and Conditional 

Waivers. Additionally, in a February 2012 report entitled EduVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00137 Fmt 6659 Sfmt 6602 E:\HR\OC\HR458.XXX HR458

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cational Accountability and Secretarial Waiver Authority Under the 

ESEA, the nonpartisan Congressional Research Service (CRS) cited 

the broad nature of the conditions the Secretary imposed on states 

and school districts as a reason the proposed waivers may not survive a court challenge. 

The committee believes the Secretary should have the authority 

to provide waivers of certain statutory and regulatory requirements 

to states and school districts affected by unexpected and unforeseen 

circumstances or to implement important reforms to improve student achievement. In continuing this waiver authority, it is not the 

intent of the committee to restrict the number or scope of waivers 

allowed under current law. The Student Success Act maintains important provisions authorizing the Secretary to provide flexibility to 

states and districts, but properly prohibits the Secretary from using 

the waiver authority to place new mandates or requirements on 

states and school districts in exchange for that flexibility. 

Prohibitions on federal control 

H.R. 3989 consolidates various prohibitions included in current 

law to restrict the authority of the Department of Education in the 

General Provisions of the Act, and strengthens and clarifies the 

prohibitions to ensure the limits of the Secretary of Education and 

the federal government are clear. The bill specifically prohibits the 

Secretary from establishing a national curriculum, supporting a national test for students, or requiring particular academic standards, 

whether directly or indirectly through grants or other means. 

The committee believes it is clear that the role of the federal government is limited in nature. Prohibitions included in the General 

Education Provisions Act (GEPA), the Department of Education Organization Act, and ESEA restrict the Secretary and other federal 

employees from mandating, directing, or controlling a state, school 

district, or school’s curriculum or instructional programs. The law 

also includes prohibitions on federal approval or certification of 

academic standards and developing and testing, implementing, administering, or distributing national tests in any subject. Even 

though these provisions are clear, it has become evident that the 

Department of Education is attempting to evade current law, reading limitations into the prohibitions. Therefore, the Student Success Act removes any doubt about the intent of the prohibitions 

placed on the Department of Education and other agencies of the 

federal government. The committee believes that representatives of 

the federal government should respect the intent and purpose of 

the laws governing the establishment of federal agencies and programs and should refrain from overstepping or expanding their authority. 

Protections for state and local autonomy 

H.R. 3989 redesignates other important sections of current law 

to fit within the new configuration of Title V. The designated sections include: By-Pass Determination Process; Prohibition Against 

Funds for Religious Worship or Instruction; Private, Religious, and 

Home Schools; Prohibition Regarding State Aid; Privacy of Assessment Results; School Prayer; Equal Access to Public School Facilities; Prohibition on Nationwide Database; Prohibition on Discrimination; and Civil Rights. The committee strongly supports these 


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protections and requirements, believes they should remain a strong 

part of the law, and urges the Department of Education to fully implement and enforce such provisions. 

Military recruiters 

H.R. 3989 clarifies and strengthens the Military Recruiter provision within current law. School districts receiving funds under the 

ESEA are required to provide military recruiters the same access 

to high schools and basic student contact information that is provided to colleges, universities, and other recruiters. These provisions are in place so the nation’s military recruiters are able to 

work with students to make sure they are aware of the benefits of 

joining the military upon graduation and are able to weigh that career option. 

Unfortunately, some school districts have tried to limit access to 

military recruiters and/or to establish additional barriers that do 

not exist for colleges and universities or other prospective employers. The Student Success Act includes new language in this longstanding section that clarifies that parents (or students once they 

have turned 18) can opt-out of having student information shared 

with military recruiters, but the school district cannot implement 

an opt-in provision. The committee strongly urges all school districts in the country to institute policies that will provide prospective graduates with all of their postsecondary options, including the 

ability to enroll in the Armed Forces. States and school districts 

should understand that it is against federal law to place military 

recruiting at a disadvantage to other prospective post-high school 

opportunities. 

Reducing federal bureaucracy 

During the markup of H.R. 3989, the committee adopted an 

amendment offered by Rep. Todd Rokita (R–IN) to require the Secretary to eliminate those staff positions associated with programs 

eliminated or consolidated under the bill. Under the amendment, 

the Secretary would have two months to identify how many fulltime equivalent employees worked on or administered the eliminated programs, and one year to reduce the department’s workforce 

by that number. As Mr. Rokita explained during consideration of 

the bill: 

The amendment . . . would reduce the amount of employees at the Department in correlation to the reduction 

in programs. It is nice to discuss efficiencies and get rid of 

wasteful programs, but if we don’t have metrics in place to 

see in fact that the Federal footprint is getting smaller 

then we are not sure if we have really done our jobs. The 

Federal Government i[s] too involved in our Nation’s 

schools when we should be leaving most of these decisions 

to States and local school districts. We have to trust people 

again, Mr. Chairman. I trust my school district employees, 

I trust my school district officials. I trust my parents more 

than I do any Federal bureaucrat who is unelected or unaccountable. We need to roll back bureaucratic requirements and regulations, which this bill does. We need to 

eliminate ineffective and duplicate programs, which this 


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bill does. We need to reduce the Department of Education’s 

actual footprint though which my amendment will do. 

The committee supports the intent of the Rokita amendment not 

only to limit the federal role in education, but to reduce the actual 

size of the Department of Education. 

Conclusion 

The committee is pursuing a new approach to education reform 

by re-evaluating the federal role in elementary and secondary education. The federal government is too involved in our nation’s classrooms, and states and school districts should bear the primary responsibility for public education. The committee aims to reduce the 

size and scope of the Department of Education, roll back federal 

bureaucratic requirements and regulations, and eliminate and consolidate ineffective and duplicative federal education programs to 

help balance the budget and get the federal deficit and debt under 

control. These efforts will empower parents, teachers, and school 

leaders to address unacceptable achievement gaps, provide additional educational options to students, and successfully prepare 

students for postsecondary education and the workforce. 

SECTION-BY-SECTION ANALYSIS

Section 1—Short title 

States the short title as the Student Success Act. 

Section 2—Table of contents 

Lists the table of contents for the Act. 

Section 3—References 

References the Elementary and Secondary Education Act. 

Section 4—Transitions 

States that any person or agency that previously received a grant 

under the Elementary and Secondary Education Act prior to enactment of this Act will continue to receive that award in accordance 

with the terms of that award up to one year from the enactment 

of the Act, unless otherwise stated in this Act. 

Section 5—Effective dates 

Specifies the effective dates of the amendments and programs 

within the Act. 

Section 6—Authorization of appropriations 

Amends 20 U.S.C. 6301 et seq. to authorize the appropriations 

for the Act. 

Title I 

SUBTITLE A

Section 101—Title heading 

Amends the title heading for Title I (20 U.S.C. 6301 et seq.) to 

read ‘‘Title I—Aid to Local Educational Agencies.’’ 


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Section 102—Statement of purpose 

Amends Section 1001 (20 U.S.C. 6301) to reflect the purpose of 

Title I—Aid to Local Educational Agencies. 

Section 103—Flexibility to use federal funds 

Amends Section 1002 (20 U.S.C. 6302) to specify general requirements for alternative uses of federal funds. 

Section 104—School improvement 

Amends Section 1003 (20 U.S.C. 6303) to specify the general requirements for school improvement of poorly performing Title I 

schools. 

Section 105—Direct student services 

Amends ESEA by inserting a section to require states to set 

aside Title I money to provide competitive grants to school districts 

for direct student services. 

Section 106—State administration 

Amends Section 1004 (20 U.S.C. 6304) to specify the general requirements for how the states may administer the title. 

SUBTITLE B

Section 111—Part A headings 

States the Part A heading of Title I as ‘‘Part A—Improving the 

Academic Achievement of the Disadvantaged.’’ States the subpart 

heading for Subpart 1 of Part A of Title I as ‘‘Subpart 1—Improving Basic Programs Operated by Local Educational Agencies ‘Chapter A—Basic Program Requirements.’ ’’ States the subpart heading 

for Subpart 2 of Part A of Title I as ‘‘Chapter B—Allocations.’’ 

Section 112—State plans 

Amends Section 1111 (20 U.S.C. 6311) to specify the general requirements for plans submitted by states wishing to receive a grant 

under this subpart. 

Section 113—Local educational agency plans 

Amends Section 1112 (20 U.S.C. 6312) to specify the general requirements for plans submitted by local educational agencies wishing to receive subgrants under this subpart. 

Section 114—Eligible school attendance areas 

Amends Section 1113 (20 U.S.C. 6313) to specify the school attendance areas eligible for using funds received under this subpart. 

Section 115—Schoolwide programs 

Amends Section 1114 (20 U.S.C. 6314) to specify the general requirements for schoolwide programs operated through funds allocated in this subpart. 

Section 116—Targeted assistance schools 

Amends Section 1115 (20 U.S.C. 6315) by specifying general requirements for using funds related to targeted assistance schools. 


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Section 117—Academic assessment and local educational agency 

and school improvement; school support and recognition 

Repeals Sections 1116 and 1117 (20 U.S.C. 6316; 6317) regarding 

local educational agency and school improvement, and school support and recognition. 

Section 118—Parental involvement 

Amends Section 1118 (20 U.S.C. 6318) to specify the general requirements for the use of funds regarding parental involvement 

programs. 

Section 119—Qualifications for teachers and paraprofessionals 

Repeals Section 1119 (20 U.S.C. 6319) which sets federal requirements around teachers and paraprofessionals and removes the requirement that teachers be highly qualified. 

Section 120—Participation of children enrolled in private schools 

Amends Section 1120 (20 U.S.C. 6320), which specifies the participation of private school students and teachers in the programs 

funded under this Act. Improves the consultation and negotiation 

processes to provide clearer procedures and faster notice for private 

school officials. 

Section 121—Fiscal requirements 

Amends Section 1120A (20 U.S.C. 6321) to specify the fiscal requirements of the subpart and to remove the maintenance of effort 

provision. 

Section 122—Coordination requirements 

Amends Section 1120B (20 U.S.C. 6322) to specify the general requirements for coordination with Head Start and other entities carrying out early childhood development programs. 

Section 123—Grants for the outlying areas and the Secretary of the 

Interior 

Amends Section 1121 (20 U.S.C. 6331) to specify the general requirements for grants for the outlying areas and the Secretary of 

the Interior. 

Section 124—Allocations to states 

Amends Section 1122 (20 U.S.C. 6332) to specify the general requirements for allocating to states funds reserved under this Act. 

Section 125—Basic grants to local educational agencies 

Amends Section 1124 (20 U.S.C. 6333) to specify the general requirements for awarding basic grants to local educational agencies. 

Section 126—Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001 

Amends Section 1125AA (20 U.S.C. 6336) to specify the adequate 

level of funding of targeted grants to local educational agencies in 

fiscal years after fiscal year 2001. 


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Section 127—Education finance incentive grant program 

Amends Section 1125A (20 U.S.C. 6337) to specify the general requirements of the Education Finance Incentive Grant Program. 

Section 128—Carryover and waiver 

Amends Section 1127 (20 U.S.C. 6339) by specifying the general 

requirements regarding the carryover of funds to additional years 

and the waiver of those requirements. 

SUBTITLE C

Section 131—Additional aid 

Amends Title I (20 U.S.C. 6301 et seq.) to specify the general requirements for additional aid to schools and school districts. Maintains separate funding streams for the Migrant Education, Neglected and Delinquent, English Language Acquisition, Rural Education, and Indian Education programs, but merges them into Title 

I. 

SUBTITLE D

Section 141—National assessment of Title I 

Redesignates Part E of Title I (20 U.S.C. 6491 et seq.) as Part 

B of Title I. Repeals Sections 1502 and 1504 (20 U.S.C. 6492; 6494) 

to remove the grant program for demonstrations of innovation 

practices and the Close Up Fellowship program. Redesignates Sections 1501 and 1503 (20 U.S.C. 6491; 6493) as Sections 1301 and 

1302, respectively. Amends Section 1301 and 1302, as redesignated, to specify the general requirements for the national assessment of Title I. 

SUBTITLE E

Section 151—General provisions for Title I 

Redesignates Part I of Title I (20 U.S.C. 6571 et seq.) as Part C 

of Title I of the Act and amends it to specify the general provisions 

for Title I. 

Title II 

Section 201—General provisions for the act 

Amends Title V (20 U.S.C. 7201 et seq.) to specify the general 

provisions for the Act. 

Section 202—Repeal 

Repeals Title IX (20 U.S.C. 7801 et seq.), which previously specified the general provisions for the Act. 

Section 203—Other laws 

Specifies references to the term ‘‘highly qualified’’ in other laws. 

Section 204—Amendment to IDEA 

Amends Section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401) to remove the highly qualified teacher 

provision in the Act. 


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EXPLANATION OF AMENDMENTS

The amendments, including the amendment in the nature of a 

substitute, are explained in the body of this report. 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch. H.R. 3989 supports state and local accountability for public education, provides 

important information to parents on their schools’ and students’ 

performance, enhances local flexibility, protects taxpayers’ investments in education, and strengthens state and local autonomy. 

H.R. 3989 would have no direct impact on the Legislative Branch. 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement of whether the 

provisions of the reported bill include unfunded mandates. This 

issue is addressed in the CBO letter. 

EARMARK STATEMENT

H.R. 3989 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of 

House Rule XXI. 

ROLL CALL VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee Report to include for each record vote 

on a motion to report the measure or matter and on any amendments offered to the measure or matter the total number of votes 

for and against and the names of the Members voting for and 

against. 


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STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause (3)(c) of House Rule XIII, the goal of 

H.R. 3989 is to reform the Elementary and Secondary Education 

Act. The Committee expects the Department of Education to comply with these provisions and implement the changes to the law in 

accordance with these stated goals. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause 2(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

body of this report. 

NEW BUDGET AUTHORITY AND CBO COST ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause 3(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 1974, the 

Committee has received the following estimate for H.R. 3989 from 

the Director of the Congressional Budget Office: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, March 21, 2012. 

Hon. JOHN KLINE, 

Chairman, Committee on Education and the Workforce, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3989, the Student Success 

Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Justin Humphrey. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 3989—Student Success Act 

Summary: H.R. 3989 would amend and reauthorize several titles 

of 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. This bill would 

authorize funding through fiscal year 2018 for various grant programs, including grants for rural school districts and those with 

high proportions of low-income students, as well as funding for the 

education of Native Americans, children of migrant workers and 

other at-risk children, and students learning English. These authorizations would automatically be extended one year through 

2019, under the General Education Provisions Act. 


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CBO estimates that H.R. 3989 would authorize the appropriation of $16.7 billion in 2013 and $85.9 billion over the 2013–2017 period. Implementing the bill would have discretionary costs of $64.0 

billion over the 2013–2017 period, assuming appropriation of the 

estimated amounts. Enacting the bill would have no effect on direct 

spending or revenues; therefore, pay-as-you-go procedures do not 

apply. 

H.R. 3990 (the Encouraging Innovation and Effective Teachers 

Act), also ordered reported by the House Committee on Education 

and the Workforce on February 28, 2012, would amend and reauthorize additional sections of the ESEA. Together, CBO estimates 

that H.R. 3989 and H.R. 3990 would authorize the appropriation 

of approximately $24 billion for fiscal year 2013. The Congress appropriated a little more than $24 billion for activities authorized in 

the ESEA for fiscal year 2012. (More detailed analysis of H.R. 3990 

is included in a separate estimate.) 

H.R. 3989 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

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 function 500 (education, training, employment, and social services). 

By fiscal year, in millions of dollars— 

2013 2014 2015 2016 2017 2013–2017 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Title I, Part A: Aid to Local Educational Agencies: 

Estimated Authorization Level ..................... 16,652 16,894 17,146 17,444 17,794 85,930 

Estimated Outlays ....................................... 333 12,993 16,180 17,087 17,375 63,968 

Title I, Part B: National Assessments of Title I: 

Estimated Authorization Level ..................... 3 3 3 3 3 16 

Estimated Outlays ....................................... * 2 3 3 3 12 

Title V: General Provisions: 

Estimated Authorization Level ..................... 0 ¥2 ¥2 ¥2 ¥2 ¥8 

Estimated Outlays ....................................... 0 ¥2 ¥2 ¥2 ¥2 ¥8 

Total Changes: 

Estimated Authorization Level ..................... 16,655 16,895 17,147 17,445 17,795 85,938 

Estimated Outlays ....................................... 333 12,994 16,181 17,088 17,377 63,972 

Notes: Some programs received advance appropriations for fiscal year 2013. CBO does not assume advance appropriations in its estimates. * = less than $500,000. 

Components may not sum to totals because of rounding. 

Basis of estimate: For this estimate, CBO assumes that the bill 

will be enacted by October 1, 2012, that the estimated amounts will 

be appropriated for each year, and that spending will follow historical patterns. 

CBO estimates that H.R. 3989 would authorize the appropriation 

of $16.7 billion in 2013 and $85.9 billion over the 2013–2017 period. Implementing the provisions in the bill would cost about $64 

billion over the 2013–2017 period, assuming appropriation of the 

estimated amounts. 

Title I of ESEA—Aid to local educational agencies 

Title I of H.R. 3989 would replace title I of the current ESEA 

with a new title divided in three parts. The bill would authorize 

the appropriation of $16.7 billion for fiscal year 2013 and specify 

that these amounts be adjusted for inflation for each fiscal year 


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through 2018. CBO estimates that the bill would authorize the appropriation of approximately $85.9 over the 2013–2017 period for 

title I, almost all of which would be for activities in Part A. 

Part A—Improving the Academic Achievement of the Disadvantaged. H.R. 3989 would authorize the appropriation of $16.7 billion 

for programs in Part A of title I for fiscal year 2013. Adjusting for 

inflation, CBO estimates that the bill would authorize the appropriation of $85.9 billion over the 2013–2017 period and that appropriating those amounts would produce outlays of $64.0 billion over 

the same period. This funding would support programs in six new 

subparts in Part A. 

• Subpart 1—Improving Basic Programs Operated by Local Education Agencies. The bill would amend and reauthorize funding for 

grants to local education agencies, school improvement grants, and 

administrative support. The bill would reserve 91 percent of all the 

funding provided for Part A for this subpart (approximately $15.2 

billion in fiscal year 2013). The Congress appropriated about $15 

billion for similar activities in fiscal year 2012. 

• Subpart 2—Education of Migratory Children. H.R. 3989 would 

make changes to programs that support the education of children 

of migrant workers. The bill would reserve 2.4 percent of the funding for all of Part A for this subpart (approximately $400 million 

for fiscal year 2013). Funding for the education of children of migrants totaled almost $400 million in fiscal year 2012. 

• Subpart 3—Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At Risk. The 

bill would reauthorize programs that support the education of delinquent and at-risk children and reserve approximately 0.3 percent ($50 million for fiscal year 2013) of funding for Part A for 

those activities. Funding totaled almost $50 million for at-risk children for fiscal year 2012. 

• Subpart 4—English Language Acquisition, Language Enhancement, and Academic Achievement. The bill would amend the programs that provide support for teaching of the English language to 

recent immigrants and other nonnative speakers currently authorized under title III of the ESEA. The bill would reserve about 4.4 

percent of funding for Part A for these activities in fiscal year 2013 

($730 million in fiscal year 2013), about the same amount as the 

Congress appropriated in fiscal year 2012. 

• Subpart 5—Rural Education Achievement Program. H.R. 3989 

would amend and reauthorize the rural education achievement programs, which provide grants to assist rural school districts in improving teaching and learning outcomes. These programs are authorized under title VI of the ESEA in current law. The bill would 

reserve 1.1 percent of the total amount provided for Part A (about 

$180 million in 2013). Funding for rural education totaled nearly 

$180 million in fiscal year 2012. 

• Subpart 6—Indian Education. The bill would reauthorize and 

amend grant programs for Native Americans and Hawaiians and 

for Alaska Natives currently authorized under title VII of the 

ESEA. The bill would reserve approximately 0.8 percent (about 

$135 million for fiscal year 2013) of all funds available for Part A. 

Funding for those grants totaled about $130 million in fiscal year 

2012. 


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Part B—National Assessments of Title I. H.R. 3989 would amend 

and reauthorize the programs designed to assess the effectiveness 

of title I, currently authorized under Part E of title I in the ESEA. 

The bill would transfer those programs to Part B and authorize the 

appropriation of $3 million for fiscal year 2013 and specify that this 

amount be adjusted for inflation each year through fiscal year 

2018. CBO estimates that implementing this provision would cost 

$12 million over the 2013–2017 period, assuming the appropriation 

of the estimated amounts. The Congress appropriated $3 million 

for evaluations under title I in fiscal year 2012. 

Part C—General Provisions. The bill would amend the general 

provisions specified in Part I of title I of the current ESEA. CBO 

estimates that amending those provisions would have no impact on 

federal spending. 

Title V of ESEA—General provisions 

Title II of H.R. 3989 would amend the general provisions specified under current law in title IX of the ESEA and transfer them 

to title V. The bill would require that, within one year of enactment, the Department of Education reduce its workforce by the 

number of full-time equivalent employees who work in or administer programs that are eliminated by this bill. CBO estimates that 

implementing title V would reduce discretionary spending by $8 

million over the 2013–2017 period, assuming appropriation actions 

consistent with the bill. 

Pay-As-You-Go Considerations: None. 

Intergovernmental and private-sector impact: H.R. 3989 contains 

no intergovernmental or private-sector 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. 

Previous CBO estimates: On January 4, 2012, CBO transmitted 

a cost estimate for the Elementary and Secondary Education Reauthorization Act of 2011, as ordered reported by the Senate Committee on Health, Education, Labor, and Pensions on October 20, 

2011. CBO estimated that the bill, which also reauthorized the 

ESEA, would authorize the appropriation of $25.9 billion for fiscal 

year 2013. 

On March 15, 2012, CBO transmitted a revised estimate of the 

Elementary and Secondary Education Reauthorization Act of 2011 

that supersedes the cost estimate transmitted on January 4, 2012. 

CBO updated the estimate to reflect the private-sector mandate 

that was omitted in the initial estimate. The estimated costs of implementing the bill remain unchanged. 

On March 21, 2012, CBO transmitted a cost estimate for H.R. 

3990, the Encouraging Innovation and Effective Teachers Act, as 

ordered reported by the House Committee on Education and the 

Workforce on February 28, 2012. CBO estimated that this bill, 

which amends and reauthorizes sections of the ESEA in addition 

to those amended by H.R. 3989, would authorize the appropriation 

of $38.6 billion over the 2013–2017 period. 


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Estimate prepared by: Federal Costs: Justin Humphrey; Impact 

on State, Local, and Tribal Governments: J’nell Blanco; Impact on 

the Private Sector: Jimmy Jin and Michael Levine. 

Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

COMMITTEE COST ESTIMATE

Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison of the costs 

that would be incurred in carrying out H.R. 3989. However, clause 

3(d)(2)(B) of that rule provides that this requirement does not 

apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional 

Budget Act. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black 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 

* * * * * * * 

SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 

(a) TITLE I.— 

(1) PART A.—There are authorized to be appropriated to carry 

out part A of title I $16,651,768,000 for fiscal year 2013. 

(2) PART B.—There are authorized to be appropriated to carry 

out part B of title I $3,194,000 for fiscal year 2013. 

(b) OUT YEARS.—The amounts authorized by subsection (a) shall 

be increased for each of fiscal years 2014 through 2018 by a percentage equal to the percentage of inflation according to the Consumer 

Price Index, for the calendar year ending prior to the beginning of 

that fiscal year. 

øTITLE I—IMPROVING THE ACADEMIC 

ACHIEVEMENT OF THE DISADVANTAGED 

øSEC. 1001. 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— 


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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 low-performing 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 

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. 

øSEC. 1002. 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; 


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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 appropriated 

$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 


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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 sec- tion 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.¿ 

TITLE I—AID TO LOCAL EDUCATIONAL 

AGENCIES 

SEC. 1001. STATEMENT OF PURPOSE. 

The purpose of this title is to provide all children the opportunity 

to graduate high school prepared for postsecondary education or the 

workforce. This purpose can be accomplished by— 

(1) meeting the educational needs of low-achieving children in 

our Nation’s highest-poverty schools, English learners, migratory children, children with disabilities, Indian children, and 

neglected or delinquent children; 

(2) closing the achievement gap between high- and low-performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged 

children and their more advantaged peers; 

(3) affording parents substantial and meaningful opportunities to participate in the education of their children; and 

(4) challenging States and local educational agencies to embrace meaningful, evidence-based education reform, while encouraging state and local innovation. 

SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS. 

(a) ALTERNATIVE USES OF FEDERAL FUNDS FOR STATE EDU- CATIONAL AGENCIES.— (1) IN GENERAL.—Subject to subsections (c) and (d) and notwithstanding any other provision of law, a State educational 

agency may use the applicable funding that the agency receives 

for a fiscal year to carry out any State activity authorized or required under one or more of the following provisions: 

(A) Section 1003. 

(B) Section 1004. 

(C) Subpart 2 of part A of title I. 

(D) Subpart 3 of part A of title I. 

(E) Subpart 4 of part A of title I. 

(F) Chapter B of subpart 6 of part A of title I. 

(2) NOTIFICATION.—Not later than June 1 of each year, a 

State educational agency shall notify the Secretary of the State 

educational agency’s intention to use the applicable funding for 

any of the alternative uses under paragraph (1). 

(3) APPLICABLE FUNDING DEFINED.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), in this subsection, the term ‘‘applicable funding’’ means 

funds provided to carry out State activities under one or 

more of the following provisions. 


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(i) Section 1003. 

(ii) Section 1004. 

(iii) Subpart 2 of part A of title I. 

(iv) Subpart 3 of part A of title I. 

(v) Subpart 4 of part A of title I. 

(B) LIMITATION.—In this subsection, the term ‘‘applicable 

funding’’ does not include funds provided under any of the 

provisions listed in subparagraph (A) that State educational agencies are required by this Act— 

(i) to reserve, allocate, or spend for required activities; 

(ii) to allocate, allot, or award to local educational 

agencies or other entities eligible to receive such funds; 

or 

(iii) to use for technical assistance or monitoring. 

(4) DISBURSEMENT.—The Secretary shall disburse the applicable funding to State educational agencies for alternative uses 

under paragraph (1) for a fiscal year at the same time as the 

Secretary disburses the applicable funding to State educational 

agencies that do not intend to use the applicable funding for 

such alternative uses for the fiscal year. 

(b) ALTERNATIVE USES OF FEDERAL FUNDS FOR LOCAL EDUCATIONAL AGENCIES.— 

(1) IN GENERAL.—Subject to subsections (c) and (d) and notwithstanding any other provision of law, a local educational 

agency may use the applicable funding that the agency receives 

for a fiscal year to carry out any local activity authorized or required under one or more of the following provisions: 

(A) Section 1003. 

(B) Subpart 1 of part A of title I. 

(C) Subpart 2 of part A of title I. 

(D) Subpart 3 of part A of title I. 

(E) Subpart 4 of part A of title I. 

(F) Subpart 6 of part A of title I. 

(2) NOTIFICATION.—A local educational agency shall notify 

the State educational agency of the local educational agency’s 

intention to use the applicable funding for any of the alternative 

uses under paragraph (1) by a date that is established by the 

State educational agency for the notification. 

(3) APPLICABLE FUNDING DEFINED.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), in this subsection, the term ‘‘applicable funding’’ means 

funds provided to carry out local activities under one or 

more of the following provisions: 

(i) Subpart 2 of part A of title I. 

(ii) Subpart 3 of part A of title I. 

(iii) Subpart 4 of part A of title I. 

(iv) Chapter A of subpart 6 of part A of title I. 

(B) LIMITATION.—In this subsection, the term ‘‘applicable 

funding’’ does not include funds provided under any of the 

provisions listed in subparagraph (A) that local educational agencies are required by this Act— 

(i) to reserve, allocate, or spend for required activities; 


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(ii) to allocate, allot, or award to entities eligible to 

receive such funds; or 

(iii) to use for technical assistance or monitoring. 

(4) 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 paragraph (1) 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. 

(c) RULE FOR ADMINISTRATIVE COSTS.—A State educational agency or a local educational agency shall only use applicable funding 

(as defined in subsection (a)(3) or (b)(3), respectively) for administrative costs incurred in carrying out a provision listed in subsection 

(a)(1) or (b)(1), respectively, to the extent that the agency, in the absence of this section, could have used funds for administrative costs 

with respect to a program listed in subsection (a)(3) or (b)(3), respectively. 

(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to relieve a State educational agency or local educational 

agency of any requirements relating to— 

(1) use of Federal funds to supplement, not supplant, nonFederal funds; 

(2) comparability of services; 

(3) equitable participation of private school students and 

teachers; 

(4) applicable civil rights requirements; 

(5) section 1113; or 

(6) section 1111. 

SEC. 1003. SCHOOL IMPROVEMENT. 

(a) STATE RESERVATIONS.—Each State shall reserve ø2 percent¿ 

7 percent of the amount the State receives under øsubpart 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,¿ chapter B of subpart 1 of part A 

for each fiscal year to carry out subsection (b), including carrying 

out the State educational agency’s statewide system of technical assistance and support for local educational agencies. 

(b) USES.—Of the amount reserved under subsection (a) for any 

fiscal year, the State educational agency— 

(1) shall allocate not less than 95 percent of that amount directly to local educational agencies øfor schools identified for 

school improvement, corrective action, and restructuring, for 

activities under section 1116(b)¿ to carry out the State’s system 

of school improvement under section 1111(b)(3)(B)(iii); or 

* * * * * * * 

(c) PRIORITY.—The State educational agency, in allocating funds 

to local educational agencies under this section, shall give priority 

to local educational agencies that— 

(1) serve the lowest-achieving schools; and 

(2) demonstrate the greatest øneed for such funds; and¿ commitment to using such funds to improve such schools. 


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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).¿ 

(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— 

(1) the relative allocations the State educational agency 

made to those agencies for that fiscal year under øsubpart 2 

of part A;¿ chapter B of subpart 1 of part A; or 

* * * * * * * 

(e) SPECIAL RULE.—Notwithstanding any other provision of this 

section, the amount of funds reserved by the State educational 

agency under subsection (a) øin any fiscal year¿ in fiscal year 2014 

and each subsequent fiscal year shall not decrease the amount of 

funds each local educational agency receives under øsubpart 2¿ 

chapter B of subpart 1 of part A below the amount received by such 

local educational agency under øsuch subpart¿ such chapter for the 

preceding fiscal year. 

(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) øand 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. 

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 


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156 

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. 

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.¿ 

SEC. 1003A. DIRECT STUDENT SERVICES. 

(a) STATE RESERVATION.—Each State shall reserve 3 percent of 

the amount the State receives under chapter B of subpart 1 of part 

A for each fiscal year to carry out this section. Of such reserved 

funds, the State educational agency may use up to 1 percent to administer direct student services. 

(b) DIRECT STUDENT SERVICES.—From the amount available after 

the application of subsection (a), each State shall award grants in 

accordance with this section to local educational agencies to support 

direct student services. 

(c) AWARDS.—The State educational agency shall award grants to 

geographically diverse local educational agencies including suburban, rural, and urban local educational agencies. If there are not 

enough funds to award all applicants in a sufficient size and scope 


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to run an effective direct student services program, the State shall 

prioritize awards to local educational agencies with the greatest 

number of low-performing schools. 

(d) LOCAL USE OF FUNDS.—A local educational agency receiving 

an award under this section— 

(1) shall use up to 1 percent of each award for outreach and 

communication to parents about their options and to register 

students for direct student services; 

(2) may use not more than 2 percent of each award for administrative costs related to direct student services; and 

(3) shall use the remainder of the award to pay the transportation required to provide public school choice or the hourly 

rate for high-quality academic tutoring services, as determined 

in the provider approval process under subsection (f)(2). 

(e) APPLICATION.—A local educational agency desiring to receive 

an award under subsection (b) shall submit an application describing how the local educational agency will— 

(1) provide adequate outreach to ensure parents can exercise 

a meaningful choice of direct student services for their child’s 

education; 

(2) ensure parents have adequate time and information to 

make a meaningful choice prior to enrolling their child in a direct student service; 

(3) ensure ample availability in the public schools the local 

educational agency will make available for public school choice 

options; 

(4) determine the requirements or criteria for student eligibility for direct student services; 

(5) select a variety of providers of high quality academic tutoring from the list required under subsection (f)(2) and ensure 

fair negotiations in selecting such providers of high-quality academic tutoring, including online, on campus, and other models 

of tutoring which provide meaningful choices to parents to find 

the best service for their child; and 

(6) develop an estimated per pupil expenditure available for 

eligible students to use toward high quality academic tutoring 

which shall allow for adequate level of services to increase academic achievement from a variety of high-quality academic tutoring providers. 

(f) PROVIDERS AND SCHOOLS.—The State— 

(1) shall ensure that each local educational agency receiving 

an award to provide public school choice can provide an ample 

number of options to provide a meaningful choice for parents; 

(2) shall compile a list of State-approved high-quality academic tutoring providers that includes online, on campus, and 

other models of tutoring; and 

(3) shall ensure that each local educational agency receiving 

an award will provide an adequate number of high-quality academic tutoring options to ensure parents have a meaningful 

choice of services. 

øSEC. 1004. STATE ADMINISTRATION. 

ø(a) IN GENERAL.—Except as provided in subsection (b), to carry 

out administrative duties assigned under parts A, C, and D of this 

title, each State may reserve the greater of— 

ø(1) 1 percent of the amounts received under such parts; or 


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ø(2) $400,000 ($50,000 in the case of each outlying area). 

ø(b) 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 subsection (a)(1) 

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.¿ 

SEC. 1004. STATE ADMINISTRATION. 

(a) IN GENERAL.—Except as provided in subsection (b), to carry 

out administrative duties assigned under subparts 1, 2, and 3 of 

part A of this title, each State may reserve the greater of— 

(1) 1 percent of the amounts received under such subparts; or 

(2) $400,000 ($50,000 in the case of each outlying area). 

(b) EXCEPTION.—If the sum of the amounts reserved under subparts 1, 2, and 3 of part A of this title is equal to or greater than 

$14,000,000,000, then the reservation described in subsection (a)(1) 

shall not exceed 1 percent of the amount the State would receive if 

$14,000,000,000 were allocated among the States for subparts 1, 2, 

and 3 of part A of this title. 

øPART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES 

øSubpart 1—Basic Program Requirements¿ 

PART A—IMPROVING THE ACADEMIC 

ACHIEVEMENT OF THE DISADVANTAGED 

Subpart 1—Improving Basic Programs Operated 

by Local Educational Agencies 

CHAPTER A—BASIC PROGRAM REQUIREMENTS 

øSEC. 1111. 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. 

ø(b) ACADEMIC STANDARDS, ACADEMIC ASSESSMENTS, AND ACCOUNTABILITY.— 

ø(1) CHALLENGING ACADEMIC STANDARDS.— 


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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, 

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.— 


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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); 

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. 


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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 assessments 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 


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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 

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 


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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 

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 


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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 

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 precipiVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00168 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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tous 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; 

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 


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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; 

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 


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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 PROFICIENCY.—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 

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 


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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 describe 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 


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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 LEARNING.— 

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 

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 


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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; 

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; 


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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 

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 

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tional 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 

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 


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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 

natural disaster or a precipitous and unforeseen decline 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 


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(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 

format and, to the extent practicable, provided in a language that the parents can understand, and make the information widely available through public means, such as 

posting on the Internet, distribution to the media, and distribution through public agencies, 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. 


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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 

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: 


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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 highquality 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 

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 


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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. 

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; 

ø(B) at the local educational agency’s discretion, a description of any other indicators that will be used in addition 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 


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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; 

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 

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rectly 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; 

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; 


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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-of-field, 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 annually 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 


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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. 

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 acaVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00185 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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demic 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; 

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 


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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.¿ 

SEC. 1111. STATE PLANS. 

(a) PLANS REQUIRED.— 

(1) IN GENERAL.—For any State desiring to receive a grant 

under this subpart, the State educational agency shall submit 

to the Secretary a plan, developed by the State educational 

agency, in consultation with local educational agencies, teachers, school leaders, specialized instructional support personnel, 


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other appropriate school personnel, 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. 

(2) CONSOLIDATED PLAN.—A State plan submitted under 

paragraph (1) may be submitted as part of a consolidated plan 

under section 5302. 

(b) ACADEMIC STANDARDS, ACADEMIC ASSESSMENTS, AND STATE

ACCOUNTABILITY.— 

(1) ACADEMIC STANDARDS.— 

(A) IN GENERAL.—Each State plan shall demonstrate 

that the State has adopted academic content standards and 

academic achievement standards aligned with such content 

standards that comply with the requirements of this paragraph. 

(B) SUBJECTS.—The State shall have such academic 

standards for mathematics and reading or language arts, 

and may have such standards for any other subject determined by the State. 

(C) REQUIREMENTS.—The standards described in subparagraph (A) shall— 

(i) apply to all public schools and public school students in the State; and 

(ii) with respect to academic achievement standards, 

include the same knowledge, skills, and levels of 

achievement expected of all public school students in 

the State. 

(D) ALTERNATE ACADEMIC ACHIEVEMENT STANDARDS.— 

Notwithstanding any other provision of this paragraph, a 

State may, through a documented and validated standards-setting process, adopt alternate academic achievement 

standards 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; 

and 

(ii) such standards— 

(I) are aligned with the State academic standards required under subparagraph (A); 

(II) promote access to the general curriculum; 

and 

(III) reflect professional judgment as to the highest possible standards achievable by such students. 

(E) ENGLISH LANGUAGE PROFICIENCY STANDARDS.—Each 

State plan shall describe how the State educational agency 

will establish English language proficiency standards that 

are— 

(i) derived from the four recognized domains of 

speaking, listening, reading, and writing; and 


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(ii) aligned with the State’s academic content standards in reading or language arts under subparagraph 

(A). 

(2) ACADEMIC ASSESSMENTS.— (A) IN GENERAL.—Each State plan shall demonstrate 

that the State educational agency, in consultation with 

local educational agencies, has implemented a set of highquality student academic assessments in mathematics and 

reading or language arts. At the State’s discretion, the 

State plan may also demonstrate that the State has implemented such assessments in any other subject chosen by the 

State 

(B) REQUIREMENTS.—Such assessments shall— 

(i) be used in determining the performance of each 

local educational agency and public school in the State 

in accordance with the State’s accountability system 

under paragraph (3); 

(ii) be the same academic assessments used to measure the academic achievement of all public school students in the State; 

(iii) be aligned with the State’s academic standards 

and provide coherent and timely information about 

student attainment of such standards; 

(iv) be used for purposes for which such assessments 

are valid and reliable, be of adequate technical quality 

for each purpose required under this Act, and be consistent with relevant, nationally recognized professional 

and technical standards; 

(v)(I) in the case of mathematics and reading, be administered in each of grades 3 through 8 and at least 

once in grades 9 through 12; 

(II) in the case of any other subject chosen by the 

State, be administered at the discretion of the State; 

(vi) measure individual student academic proficiency 

and growth; 

(vii) at the State’s discretion— 

(I) be administered through a single annual 

summative assessment; or 

(II) be administered through multiple assessments during the course of the academic year that 

result in a single summative score that provides 

valid, reliable, and transparent information on 

student achievement; 

(viii) include measures that assess higher-order 

thinking skills and understanding; 

(ix) provide for— 

(I) the participation in such assessments of all 

students; 

(II) the reasonable adaptations and accommodations for students with disabilities necessary to 

measure the academic achievement of such students relative to the State’s academic standards; 

and 

(III) the inclusion of English learners, who shall 

be assessed in a valid and reliable manner and 


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provided reasonable accommodations, including, to 

the extent practicable, assessments in the language 

and form most likely to yield accurate and reliable 

information on what such students know and can 

do in academic content areas, until such students 

have achieved English language proficiency, as assessed by the State under subparagraph (D); 

(x) notwithstanding clause (ix)(III), provide for the 

assessment of reading or language arts in English for 

English learners who have attended school in the 

United States (not including Puerto Rico) for 3 or more 

consecutive school years, except that a local educational 

agency may, on a case-by-case basis, provide for the assessment of reading or language arts for each such student in a language other than English for a period not 

to exceed 2 additional consecutive years if the assessment would be more likely to yield accurate and reliable information on what such student knows and can 

do, 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 reading or language arts assessments written in English; 

(xi) produce individual student interpretive, descriptive, and diagnostic reports regarding achievement on 

such assessments that allow parents, teachers, and 

school leaders to understand and address the specific 

academic needs of students, and that are provided to 

parents, teachers, and school leaders, as soon as is 

practicable after the assessment is given, in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; 

(xii) enable results to be disaggregated within each 

State, local educational agency, and school by gender, 

by each major racial and ethnic group, by English language proficiency status, by migrant status, by status 

as a student with a disability, and by economically disadvantaged status, 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; and 

(xiii) be administered to not less than 95 percent of 

all students, and not less than 95 percent of each subgroup of students described in paragraph (3)(B)(ii)(II). 

(C) ALTERNATE ASSESSMENTS.—A State may provide for 

alternate assessments aligned with the alternate academic 

standards adopted in accordance with paragraph (1)(D), 

for students with the most significant cognitive disabilities, 

if the State— 

(i) establishes and monitors implementation of clear 

and appropriate guidelines for individualized education program teams (as defined in section 


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614(d)(1)(B) of the Individuals with Disabilities Education Act) to apply when determining when a child’s 

significant cognitive disability justifies assessment 

based on alternate achievement standards; 

(ii) ensures that the parents of such students are informed that— 

(I) their child’s academic achievement will be 

measured against such alternate standards; and 

(II) whether participation in such assessments 

precludes the student from completing the requirements for a regular high school diploma as defined 

in section 5101(35)(A); 

(iii) demonstrates that such students are, to the extent practicable, included in the general curriculum 

and that such alternate assessments are aligned with 

such curriculum; 

(iv) develops, disseminates information about, and 

promotes the use of appropriate accommodations to increase the number of students with disabilities who are 

tested against academic achievement standards for the 

grade in which a student is enrolled; and 

(v) ensures that regular and special education teachers and other appropriate staff know how to administer 

the alternate assessments, including making appropriate use of accommodations for students with disabilities. 

(D) ASSESSMENTS OF ENGLISH LANGUAGE PROFICIENCY.— 

(i) IN GENERAL.—Each State plan shall demonstrate 

that local educational agencies in the State will provide for an annual assessment of English proficiency of 

all English learners in the schools served by the State 

educational agency. 

(ii) ALIGNMENT.—The assessments described in 

clause (i) shall be aligned with the State’s English language proficiency standards described in paragraph 

(1)(E). 

(E) 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. 

(F) ADAPTIVE ASSESSMENTS.—A State may develop and 

administer computer adaptive assessments as the assessments required under subparagraph (A). If a State develops 

and administers a computer adaptive assessment for such 

purposes, the assessment shall meet the requirements of 

this paragraph, except as follows: 


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(i) Notwithstanding subparagraph (B)(iii), the assessment— 

(I) shall measure, at a minimum, each student’s 

academic proficiency against the State’s academic 

standards for the student’s grade level and growth 

toward such standards; and 

(II) if the State chooses, may be used to measure 

the student’s level of academic proficiency and 

growth using assessment items above or below the 

student’s grade level, including for use as part of 

a State’s accountability system under paragraph 

(3). 

(ii) Subparagraph (B)(ii) shall not be interpreted to 

require that all students taking the computer adaptive 

assessment be administered the same assessment items. 

(3) STATE ACCOUNTABILITY SYSTEMS.— (A) IN GENERAL.—Each State plan shall demonstrate 

that the State has developed and is implementing a single, 

statewide accountability system to ensure that all public 

school students graduate from high school prepared for 

postsecondary education or the workforce without the need 

for remediation. 

(B) ELEMENTS.—Each State accountability system described in subparagraph (A) shall at a minimum— 

(i) annually measure the academic achievement of all 

public school students in the State against the State’s 

academic standards adopted under paragraph (1), 

which may include measures of student growth toward 

such standards, using the assessments described in 

paragraph (2) and other valid and reliable academic 

indicators related to student achievement as identified 

by the State; 

(ii) annually evaluate and identify the academic performance of each public school in the State based on— 

(I) student academic achievement as measured 

in accordance with clause (i); and 

(II) the overall performance, and achievement 

gaps as compared to all students in the school, for 

economically disadvantaged students, students 

from major racial and ethnic groups, students 

with disabilities, and English learners, except that 

disaggregation of data under this subclause 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; and 

(iii) include a system for school improvement for lowperforming public schools receiving funds under this 

subpart that— 

(I) implements interventions in such schools that 

are designed to address such schools’ weaknesses; 

and 

(II) is implemented by local educational agencies 

serving such schools. 


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(C) PROHIBITION.—Nothing in this section shall be construed to permit the Secretary to establish any criteria that 

specifies, defines, or prescribes any aspect of a State’s accountability system developed and implemented in accordance with this paragraph. 

(D) ACCOUNTABILITY FOR CHARTER SCHOOLS.—The accountability provisions under this Act shall be overseen for 

charter schools in accordance with State charter school 

law. 

(4) REQUIREMENTS.—Each State plan shall describe— 

(A) how the State educational agency will assist each 

local educational agency and each public school affected by 

the State plan to comply with the requirements of this subpart, including how the State educational agency will work 

with local educational agencies to provide technical assistance; and 

(B) how the State educational agency will ensure that the 

results of the State assessments described in paragraph (2), 

the other indicators selected by the State under paragraph 

(3)(B)(i), and the school evaluations described in paragraph 

(3)(B)(ii), will be promptly provided to local educational 

agencies, schools, teachers, and parents in a manner that 

is clear and easy to understand, but not later than before 

the beginning of the school year following the school year 

in which such assessments, other indicators, or evaluations 

are taken or completed. 

(5) TIMELINE FOR IMPLEMENTATION.—Each State plan shall 

describe the process by which the State will adopt and implement the State academic standards, assessments, and accountability system required under this section within 2 years of enactment of the Student Success Act. 

(6) EXISTING STANDARDS.—Nothing in this subpart shall prohibit a State from revising, consistent with this section, any 

standard adopted under this section before or after the date of 

enactment of the Student Success Act. 

(7) EXISTING STATE LAW.—Nothing in this section shall be 

construed to alter any State law or regulation granting parents 

authority over schools that repeatedly failed to make adequate 

yearly progress under this section, as in effect on the day before 

the date of the enactment of the Student Success Act. 

(c) OTHER PROVISIONS TO SUPPORT TEACHING AND LEARNING.— 

Each State plan shall contain assurances that— 

(1) the State will notify local educational agencies, schools, 

teachers, parents, and the public of the academic standards, 

academic assessments, and State accountability system developed and implemented under this section; 

(2) the State will 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; 

(3) the State educational agency will notify local educational 

agencies and the public of the authority to operate schoolwide 

programs; 


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(4) 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 subpart; 

(5) 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; 

(6) 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; and 

(7) the State educational agency will inform local educational 

agencies in the State of the local educational agency’s authority 

to transfer funds under section 1002 and to obtain waivers 

under section 5401; 

(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— 

(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; 

(2) be geared toward lowering barriers to greater participation by parents in school planning, review, and improvement; 

and 

(3) be coordinated with programs funded under subpart 3 of 

part A of title III. 

(e) PEER REVIEW AND SECRETARIAL APPROVAL.— 

(1) ESTABLISHMENT.—Notwithstanding section 5543, the Secretary shall— 

(A) establish a peer-review process to assist in the review 

of State plans; and 

(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, and ensure that 75 percent of 

such appointees are practitioners. 

(2) APPROVAL.—The Secretary shall— 

(A) approve a State plan within 120 days of its submission; 

(B) disapprove of the State plan only if the Secretary 

demonstrates how the State plan fails to meet the requirements of this section and immediately notifies the State of 

such determination and the reasons for such determination; 

(C) not decline to approve a State’s plan before— 

(i) offering the State an opportunity to revise its 

plan; 

(ii) providing technical assistance in order to assist 

the State to meet the requirements of this section; and 

(iii) providing a hearing; and 


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(D) have the authority to disapprove a State plan for not 

meeting the requirements of this subpart, 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 

standards or State accountability system, or to use specific 

academic assessments or other indicators. 

(3) STATE REVISIONS.—A State plan shall be revised by the 

State educational agency if it is necessary to satisfy the requirements of this section. 

(4) PUBLIC REVIEW.—All communications, feedback, and notifications under this subsection shall be conducted in a manner 

that is immediately made available to the public through the 

website of the Department, including— 

(A) peer review guidance; 

(B) the names of the peer reviewers; 

(C) State plans submitted or resubmitted by a State, including the current approved plans; 

(D) peer review notes; 

(E) State plan determinations by the Secretary, including 

approvals or disapprovals, and any deviations from the 

peer reviewers’ recommendations with an explanation of the 

deviation; and 

(F) hearings. 

(5) PROHIBITION.—The Secretary, and the Secretary’s staff, 

may not attempt to participate in, or influence, the peer review 

process. No Federal employee may participate in, or attempt to 

influence the peer review process, except to respond to questions 

of a technical nature, which shall be publicly reported. 

(f) DURATION OF THE PLAN.— 

(1) IN GENERAL.—Each State plan shall— 

(A) remain in effect for the duration of the State’s participation under this subpart; and 

(B) be periodically reviewed and revised as necessary by 

the State educational agency to reflect changes in the 

State’s strategies and programs under this subpart. 

(2) ADDITIONAL INFORMATION.—If a State makes significant 

changes to its State plan, such as the adoption of new State 

academic standards or new academic assessments, or adopts a 

new State accountability system, such information shall be submitted to the Secretary under subsection (e)(2) for approval. 

(g) FAILURE TO MEET REQUIREMENTS.—If a State fails to meet 

any of the requirements of this section then the Secretary shall withhold funds for State administration under this subpart until the 

Secretary determines that the State has fulfilled those requirements. 

(h) REPORTS.— 

(1) ANNUAL STATE REPORT CARD.— 

(A) IN GENERAL.—A State that receives assistance under 

this subpart shall prepare and disseminate an annual 

State report card. Such dissemination shall include, at a 

minimum, publicly posting the report card on the home 

page of the State educational agency’s website. 

(B) IMPLEMENTATION.—The State report card shall be— 

(i) concise; and 


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(ii) presented in an understandable and uniform format that is developed in consultation with parents and, 

to the extent practicable, provided in a language that 

parents can understand. 

(C) REQUIRED INFORMATION.—The State shall include in 

its annual State report card information on— 

(i) the performance of students, in the aggregate and 

disaggregated by the categories of students described in 

subsection (b)(2)(B)(xii) (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), on the State academic assessments described in subsection (b)(2); 

(ii) the participation rate on such assessments, in the 

aggregate and disaggregated in accordance with clause 

(i)); 

(iii) the performance of students, in the aggregate 

and disaggregated in accordance with clause (i), on 

other academic indicators described in subsection 

(b)(3)(B)(i); 

(iv) for each public high school in the State, in the 

aggregate and disaggregated in accordance with clause 

(i)— 

(I) the four-year adjusted cohort graduation rate, 

and 

(II) at the State’s discretion, the extended-year 

adjusted cohort graduation rate, calculated and reported separately for students graduating in 5 

years or less and students graduating in 6 years or 

less; 

(v) each public school’s evaluation results as determined in accordance with subsection (b)(3)(B)(ii); 

(vi) the acquisition of English proficiency by English 

learners; 

(vii) the number and percentage of teachers in each 

category established under clause (iii) of section 

2123(1)(A), except that such information shall not reveal personally identifiable information about an individual teacher; and 

(viii) the results of the assessments described in subsection (c)(2). 

(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. 

(2) ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS.— (A) IN GENERAL.—A local educational agency that receives assistance under this subpart shall prepare and disseminate an annual local educational agency report card. 

(B) MINIMUM REQUIREMENTS.—The State educational 

agency shall ensure that each local educational agency colVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00196 Fmt 6659 Sfmt 6603 E:\HR\OC\HR458.XXX HR458

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lects appropriate data and includes in the local educational 

agency’s annual report the information described in paragraph (1)(C) as applied to the local educational agency and 

each school served by the local educational agency, and— 

(i) in the case of a local educational agency, information that shows how students served by the local educational agency achieved on the statewide academic assessment and other academic indicators adopted in accordance with subsection (b)(3)(B)(i) compared to students in the State as a whole; and 

(ii) in the case of a school, the school’s evaluation 

under subsection (b)(3)(B)(ii). 

(C) OTHER INFORMATION.—A local educational agency 

may include in its annual local educational agency report 

card any other appropriate information, whether or not 

such information is included in the annual State report 

card. 

(D) DATA.—A local educational agency or school shall 

only include in its annual local educational agency report 

card data that are sufficient to yield statistically reliable 

information, as determined by the State, and that do not 

reveal personally identifiable information about an individual student. 

(E) PUBLIC DISSEMINATION.—The local educational agency shall publicly disseminate the information described in 

this paragraph to all schools served by the local educational agency and to all parents of students attending 

those schools in an understandable and uniform format, 

and, to the extent practicable, in a language that parents 

can understand, and make the information widely available through public means, such as posting on the Internet, 

distribution to the media, and distribution through public 

agencies, 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. 

(3) PREEXISTING REPORT CARDS.—A State educational agency 

or local educational agency may use public report cards on the 

performance of students, schools, local educational agencies, or 

the State, that were in effect prior to the enactment of the Student Success Act for the purpose of this subsection, so long as 

any such report card is modified, as may be needed, to contain 

the information required by this subsection. 

(4) PARENTS RIGHT-TO-KNOW.— 

(A) ACHIEVEMENT INFORMATION.—At the beginning of 

each school year, a school that receives funds under this 

subpart shall provide to each individual parent information on the level of achievement of the parent’s child in each 

of the State academic assessments and other academic indicators adopted in accordance with this subpart. 

(B) 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. 


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(i) PRIVACY.—Information collected under this section shall be collected and disseminated in a manner that protects the privacy of individuals consistent with section 444 of the General Education Provisions Act. 

(j) 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, except that the Secretary shall not attempt to influence, 

incentivize, or coerce State participation in any such partnerships. 

(k) 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. 

(l) SPECIAL RULE WITH RESPECT TO BUREAU-FUNDED SCHOOLS.— In determining the assessments to be used by each school operated 

or funded by the Bureau of Indian Education receiving funds under 

this subpart, the following shall apply: 

(1) Each such school that is accredited by the State in which 

it is operating shall use the assessments and other academic indicators the State has developed and implemented to meet the 

requirements of this section, or such other appropriate assessment and academic indicators as approved by the Secretary of 

the Interior. 

(2) Each such school that is accredited by a regional accrediting organization shall adopt an appropriate assessment and 

other academic indicators, in consultation with and with the 

approval of, the Secretary of the Interior and consistent with assessments and academic indicators adopted by other schools in 

the same State or region, that meet the requirements of this section. 

(3) Each such school that is accredited by a tribal accrediting 

agency or tribal division of education shall use an assessment 

and other academic indicators developed by such agency or division, except that the Secretary of the Interior shall ensure that 

such assessment and academic indicators meet the requirements of this section. 

SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 

(a) PLANS REQUIRED.— (1) SUBGRANTS.—A local educational agency may receive a 

subgrant under this subpart 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. 

(2) CONSOLIDATED APPLICATION.—The plan may be submitted 

as part of a consolidated application under section 5305. 

(b) PLAN PROVISIONS.—Each local educational agency plan shall 

describe— 

(1) how the local educational agency will monitor, in addition 

to the State assessments described in section 1111(b)(2), students’ progress in meeting the State’s academic standards; 

(2) how the local educational agency will identify quickly and 

effectively those students who may be at risk of failing to meet 

the State’s academic standards; 


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(3) how the local educational agency will provide additional 

educational assistance to individual students in need of additional help in meeting the State’s academic standards; 

(4) how the local educational agency will implement the 

school improvement system described in section 

1111(b)(3)(B)(iii) for any of the agency’s schools identified under 

such section; 

(5) how the local educational agency will coordinate programs under this subpart with other programs under this Act 

and other Acts, as appropriate; 

(6) the poverty criteria that will be used to select school attendance areas under section 1113; 

(7) how teachers, in consultation with parents, 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 subpart; 

(8) in general, the nature of the programs to be conducted by 

the local educational agency’s schools under sections 1114 and 

1115, and, where appropriate, educational services outside such 

schools for children living in local institutions for neglected and 

delinquent children, and for neglected and delinquent children 

in community day school programs; 

(9) how the local educational agency will ensure that migratory children who are eligible to receive services under this subpart are selected to receive such services on the same basis as 

other children who are selected to receive services under this 

subpart; 

(10) the services the local educational agency will provide 

homeless children, including services provided with funds reserved under section 1113(c)(3)(A); 

(11) the strategy the local educational agency will use to implement effective parental involvement under section 1118; 

(12) if appropriate, how the local educational agency will use 

funds under this subpart to support preschool programs for 

children, particularly children participating in a Head 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 another comparable early childhood development program; 

(13) how the local educational agency, through incentives for 

voluntary transfers, the provision of professional development, 

recruitment programs, incentive pay, performance pay, or other 

effective strategies, will address disparities in the rates of lowincome and minority students and other students being taught 

by ineffective teachers; and 

(14) if appropriate, how the local educational agency will use 

funds under this subpart to support programs that coordinate 

and integrate— 

(A) career and technical education aligned with State 

technical standards that promote skills attainment important to in-demand occupations or industries in the State 

and the State’s academic standards under section 

1111(b)(1); and 


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(B) work-based learning opportunities that provide students in-depth interaction with industry professionals. 

(c) ASSURANCES.—Each local educational agency plan shall provide assurances that the local educational agency will— 

(1) participate, if selected, 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; 

(2) inform schools of schoolwide program authority and the 

ability to consolidate funds from Federal, State, and local 

sources; 

(3) provide technical assistance to schoolwide programs; 

(4) provide services to eligible children attending private elementary and secondary schools in accordance with section 

1120, and timely and meaningful consultation with private 

school officials or representatives regarding such services; 

(5) in the case of a local educational agency that chooses to 

use funds under this subpart to provide early childhood development services to low-income children below the age of compulsory school attendance, ensure that such services comply with 

the performance standards established under section 641A(a) of 

the Head Start Act; 

(6) inform eligible schools of the local educational agency’s 

authority to request waivers on the school’s behalf under Title 

V; and 

(7) ensure that the results of the academic assessments required under section 1111(b)(2) 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. 

(d) SPECIAL RULE.—In carrying out subsection (c)(5), the Secretary shall— 

(1) 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 

(2) 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 subsection shall plan for the implementation of such subsection 

(taking into consideration existing State and local laws, and 

local teacher contracts). 

(e) PLAN DEVELOPMENT AND DURATION.— 

(1) CONSULTATION.—Each local educational agency plan 

shall be developed in consultation with teachers, school leaders, 

administrators, and other appropriate school personnel, and 

with parents of children in schools served under this subpart. 

(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 this Act and shall remain in effect for the duration of the agency’s participation under this subpart. 


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(3) REVIEW.—Each local educational agency shall periodically 

review and, as necessary, revise its plan. 

(f) 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 subpart to meet the 

State’s academic standards described in section 1111(b)(1); 

and 

(B) meets the requirements of this section. 

(3) REVIEW.—The State educational agency shall review the 

local educational agency’s plan to determine if such agency’s activities are in accordance with section 1118. 

(g) PARENTAL NOTIFICATION.— 

(1) IN GENERAL.—Each local educational agency using funds 

under this subpart and subpart 4 to provide a language instruction educational program shall, not later than 30 days 

after the beginning of the school year, inform parents of an 

English learner identified for participation, or participating in, 

such a program of— 

(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 high school for such 

program if funds under this subpart 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— 


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(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 one 

program or method is offered by the eligible entity. 

(2) NOTICE.—The notice and information provided in paragraph (1) to 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 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). 

(4) PARENTAL PARTICIPATION.—Each local educational agency 

receiving funds under this subpart shall implement an effective 

means of outreach to parents of English learners 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 the State’s academic 

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 subpart. 

(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.—A local educational agency shall use funds 

received under this øpart¿ subpart only in eligible school attendance areas. 

(2) ELIGIBLE SCHOOL ATTENDANCE AREAS.—For the purposes 

of this øpart¿ subpart— 

(A) * * * 

* * * * * * * 

(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 øpart¿ subpart A of title IV of the Social 


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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— 

(A) * * * 

* * * * * * * 

(7) WAIVER FOR DESEGREGATION PLANS.—The Secretary may 

approve a local educational agency’s written request for a waiver of the requirements of subsections (a) and (c), and permit 

such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation 

plan, if— 

(A) * * * 

(B) the Secretary determines on the basis of a written 

request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this øpart¿ subpart. (b) LOCAL EDUCATIONAL AGENCY DISCRETION.— (1) IN GENERAL.—Notwithstanding subsection (a)(2), a local 

educational agency may— 

(A) * * * 

(B) use funds received under this øpart¿ subpart in a 

school that is not in an eligible school attendance area, if 

the percentage of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance 

area of such agency; 

* * * * * * * 

(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) * * * 

* * * * * * * 

(iii) the funds expended from such other sources 

equal or exceed the amount that would be provided 

under this øpart¿ subpart. 

(2) SPECIAL RULE.—Notwithstanding paragraph (1)(D), the 

number of children attending private elementary schools and 

secondary schools who are to receive services, and the assistance such children are to receive under this øpart¿ subpart, shall be determined without regard to whether the public 

school attendance area in which such children reside is assisted under subparagraph (A). 

(c) ALLOCATIONS.— 

(1) IN GENERAL.—A local educational agency shall allocate 

funds received under this øpart¿ subpart to eligible school attendance areas or eligible schools, identified under subsections 

(a) and (b), in rank order, on the basis of the total number of 

children from low-income families in each area or school. 

* * * * * * * 


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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) RESERVATIONS.— (A) IN GENERAL.—A local educational agency shall reserve such funds as are necessary under this subpart to 

provide services comparable to those provided to children in 

schools funded under this subpart to serve the following: 

(i) Homeless children and youths, which may include— 

(I) for homeless children and youths who are attending schools not receiving assistance under this 

subpart and schools receiving assistance under 

this subpart, providing transportation pursuant to 

section 722(g)(1)(J)(iii) of the McKinney-Vento 

Homeless Assistance Act; and 

(II) for homeless children and youths who are attending schools not receiving assistance under this 

subpart— 

(aa) providing support services to homeless 

children and youths in shelters and other locations where they may live; and 

(bb) removing barriers to homeless children 

and youths’ enrollment, attendance, retention, 

and success in school. 

(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 school programs. 

(B) AMOUNT RESERVED.—The amount of funds reserved 

under subparagraph (A)(i) may be based upon a needs assessment of the homeless children and youths in the local 

educational agency, which may include the following: 

(i) Information related to child, youth, and family 

homelessness in the local educational agency obtained 

through the coordination and collaboration under subsections (f)(4) and (g)(5) 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 such Act for 

the previous school year. 

(iii) Gaps in identification of homeless children and 

youths in the local educational agency, as described by 


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the liaison designated pursuant to section 

722(g)(1)(J)(ii) of such Act. 

(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 øsubpart 2¿ 

chapter B, to provide financial incentives and rewards to teachers who serve in schools eligible under this section and identified for øschool improvement, corrective action, and restructuring under section 1116(b)¿ school improvement under section 1111(b)(3)(B)(iii) 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 øpart¿ subpart, 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 øin 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¿. (2) IDENTIFICATION OF STUDENTS NOT REQUIRED.— (A) IN GENERAL.—No school participating in a schoolwide 

program shall be required— 

(i) to identify particular children under this øpart¿ 

subpart as eligible to participate in a schoolwide program; or 

* * * * * * * 

(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 øpart¿ subpart, 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 øchildren 

with limited English proficiency¿ English learners. (3) EXEMPTION FROM STATUTORY AND REGULATORY REQUIRE- MENTS.— 

(A) * * * 

(B) REQUIREMENTS.—A school that chooses to use funds 

from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student 

and parental participation and involvement, services to 

private school children, ømaintenance 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 


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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.¿ 

(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 ø(including taking into account the needs of migratory children as defined in section 1309(2))¿ that is based 

on information which includes the achievement of children 

in relation to the State academic øcontent standards and 

the State student academic achievement standards¿ standards described in section 1111(b)(1). 

(B) Schoolwide reform strategies that— 

(i) provide opportunities for all children to meet the 

State’s øproficient and advanced levels of student academic achievement described in section 1111(b)(1)(D)¿ 

academic standards described in section 1111(b)(1); 

(ii) use effective methods and instructional strategies that are øbased on scientifically based research¿ 

evidence-based that— 

(I) * * * 

* * * * * * * 

(iii)(I) include strategies to address the needs of all 

children in the school, but particularly the needs of 

low-achieving children and those at risk of not meeting the State østudent academic achievement standards¿ academic standards who are members of the 

target population of any program that is included in 

the øschoolwide program, which may include— 

ø(aa) counseling, pupil services, and mentoring 

services; 

ø(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; and 

ø(cc) the integration of vocational and technical 

education programs; and¿ schoolwide programs; 

and 

* * * * * * * 

(iv) are consistent with, and are designed to implement, øthe State and local improvement plans¿ school 

improvement strategies, if any. 

(C) Instruction by øhighly qualified¿ effective teachers. 

(D) øIn accordance with section 1119 and subsection 

(a)(4), high-quality¿ High-quality and ongoing professional 

development for teachers, principals, and paraprofessionals 

and, if appropriate, øpupil services¿ specialized instructional support services personnel, parents, and other staff 

to enable all children in the school to meet the State’s 

østudent academic achievement¿ academic standards. 


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(E) Strategies to attract øhigh-quality highly qualified¿ 

effective teachers to high-need schools. 

* * * * * * * 

(G) Plans for assisting preschool children in the transition from early childhood programsø, such as Head Start, 

Even Start, Early Reading First, or a State-run preschool 

program,¿ to local elementary school programs. 

(H) Measures to include teachers in the decisions regarding the use of academic assessments described in øsection 

1111(b)(3)¿ section 1111(b)(2) in order to provide information on, and to improve, the achievement of individual students and the overall instructional program. 

(I) Activities to ensure that students who experience difficulty mastering the øproficient or advanced levels of academic achievement standards¿ State academic standards 

required by section 1111(b)(1) 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. 

(J) 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, 

øvocational¿ career and technical education, and job training. 

(2) PLAN.— (A) IN GENERAL.—Any eligible school that desires to operate a schoolwide program shall øfirst develop (or amend 

a plan for such a program that was in existence on the day 

before the date of enactment of the No Child Left Behind 

Act of 2001)¿ have in place, in consultation with the local 

educational agency øand its school support team or other 

technical assistance provider under section 1117¿, a comprehensive plan for reforming the total instructional program in the school that— 

(i) * * * 

(ii) describes how the school will use resources 

under this øpart¿ subpart and from other sources to 

implement those components; 

* * * * * * * 

(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(b)(2). 

(B) PLAN DEVELOPMENT.—The comprehensive plan shall 

be— 

(i) developed during a one-year period, unless— 

(I) the local educational agencyø, after considering the recommendation of the technical assistance providers under section 1117,¿ determines 


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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¿ Student 

Success Act, in which case such school may continue to operate such program, but shall develop 

amendments to its existing plan during the first 

year of assistance after that date to reflect the 

provisions of this section; 

(ii) developed with the involvement of parents and 

other members of the community to be served and individuals who will carry out such plan, including 

teachers, principals, and administrators ø(including 

administrators of programs described in other parts of 

this title)¿, and, if appropriate, øpupil services¿ specialized instructional support services personnel, technical assistance providers, school staff, and, if the plan 

relates to a secondary school, students from such 

school; 

(iii) in effect for the duration of the school’s participation under this øpart¿ subpart and reviewed and revised, as necessary, by the school; 

* * * * * * * 

(v) if appropriate, developed in coordination with 

programs under øReading First, Early Reading First, 

Even Start,¿ 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 øpart¿ subpart to establish or enhance prekindergarten programs for children below the age of ø6, such as Even 

Start programs or Early Reading First programs.¿ 6. 

SEC. 1115. TARGETED ASSISTANCE SCHOOLS. 

(a) IN GENERAL.—In all schools selected to receive funds under 

section 1113(c) that øare ineligible for a schoolwide program under 

section 1114, or that¿ choose not to øoperate such¿ operate a 

schoolwide program, a local educational agency serving such school 

may use funds received under this øpart¿ subpart only for programs that provide services to eligible children under subsection (b) 

identified as having the greatest need for special assistance. 

(b) ELIGIBLE CHILDREN.— 

(1) ELIGIBLE POPULATION.— 

(A) * * * 

(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 

student academic achievement¿ academic standards on the 

basis of multiple, educationally related, objective criteria 

established by the local educational agency and supplemented by the school, except that children from preschool 

through grade 2 shall be selected solely on the basis of 


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such criteria as teacher judgment, interviews with parents, 

and developmentally appropriate measures. 

(2) CHILDREN INCLUDED.— 

(A) IN GENERAL.—Children who are economically disadvantaged, children with disabilities, migrant children or 

ølimited English proficient children¿ English learners, are 

eligible for services under this øpart¿ subpart on the same 

basis as other children selected to receive services under 

this øpart¿ subpart. 

(B) HEAD STARTø, 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 Startø, Even Start, or Early Reading 

First¿ program, or in preschool services under this title, is 

eligible for services under this part. 

(C) øPART C CHILDREN.—¿ SUBPART 3 CHILDREN.—A 

child who, at any time in the 2 years preceding the year 

for which the determination is made, received services 

under øpart C¿ subpart 3 is eligible for services under this 

øpart¿ subpart. (D) NEGLECTED OR DELINQUENT CHILDREN.—A child in a 

local institution for neglected or delinquent children and 

youth or attending a community day program for such 

children is eligible for services under this øpart¿ subpart. (E) HOMELESS CHILDREN.—A child who is homeless and 

attending any school served by the local educational agency is eligible for services under this øpart¿ subpart. (3) SPECIAL RULE.—Funds received under this øpart¿ subpart 

may not be used to provide services that are otherwise required by law to be made available to children described in 

paragraph (2) but may be used to coordinate or supplement 

such services. 

(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 øpart¿ subpart the 

opportunity to meet the State’s øchallenging student academic 

achievement¿ academic standards in subjects as determined by 

the State, each targeted assistance program under this section 

shall— 

(A) use such program’s resources under this øpart¿ subpart to help participating children meet such State’s øchallenging student academic achievement¿ academic standards expected for all children; 

(B) ensure that planning for students served under this 

øpart¿ subpart is incorporated into existing school planning; 

(C) use effective methods and instructional strategies 

that are øbased on scientifically based research¿ evidencebased that strengthens the core academic program of the 

school and that— 

(i) * * * 

* * * * * * * 


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(iii) minimize removing children from the regular 

classroom during regular school hours for instruction 

provided under this øpart¿ subpart; 

(D) coordinate with and support the regular education 

program, which may include services to assist preschool 

children in the transition from early childhood programs 

øsuch as Head Start, Even Start, Early Reading First or 

State-run preschool programs¿ to elementary school programs; 

(E) provide instruction by øhighly qualified¿ effective 

teachers; 

(F) øin accordance with subsection (e)(3) and section 

1119,¿ provide opportunities for professional development 

with resources provided under this øpart¿ subpart, 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 participating children in programs under this section or in the 

regular education program; 

* * * * * * * 

(H) coordinate and integrate Federal, State, and local 

services and programs, including programs supported 

under this Act, violence prevention programs, nutrition 

programs, housing programs, Head Start, adult education, 

øvocational¿ career and technical education, and job training. 

(2) REQUIREMENTS.—Each school conducting a program 

under this section shall assist participating children selected in 

accordance with subsection (b) to meet the State’s øproficient 

and advanced levels of achievement¿ academic standards by— 

(A) the coordinating of resources provided under this 

øpart¿ subpart with other resources; and 

(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 student academic achievement¿ academic standards, such as 

an extended school year, before- and 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. 

(d) INTEGRATION OF PROFESSIONAL DEVELOPMENT.—To promote 

the integration of staff supported with funds under this øpart¿ subpart into the regular school program and overall school planning 

and improvement efforts, public school personnel who are paid with 

funds received under this øpart¿ subpart may— 

(1) * * * 

* * * * * * * 

(e) SPECIAL RULES.— 

(1) * * * 

(2) COMPREHENSIVE SERVICES.—If— 


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(A) * * * 

(B) funds are not reasonably available from other public 

or private sources to provide such services, then a portion 

of the funds provided under this øpart¿ subpart may be 

used as a last resort to provide such services, including— 

(i) * * * 

* * * * * * * 

(iii) professional development necessary to assist 

teachers, øpupil services¿ specialized instructional 

support services personnel, other staff, and parents in 

identifying and meeting the comprehensive needs of 

eligible children. 

ø(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 section 1119 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 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 


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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.— 

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 


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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— 

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 


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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 

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 


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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 

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 notfor-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 


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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; 

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 


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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. 

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 excepVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00217 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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tional 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 

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 yearVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00218 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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ly 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 EDU- CATIONAL SERVICES.— ø(A) IN GENERAL.—Unless a lesser amount is needed to 

comply with paragraph (9) and to satisfy all requests for 

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. 


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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 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 


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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 IM- PROVEMENT.—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. 

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 


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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, including 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. 


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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— 

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 


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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 higherperforming 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 public, 

information on any corrective action the State educational 

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.— 


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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; 

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, supVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00225 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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plemental 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 

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— 


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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 provide 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 lowincome 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 forprofit 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 instrucVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00227 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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tional 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 

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) 


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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 

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 


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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 

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 BUREAU- FUNDED 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 BuVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00230 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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reau 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 

by the State educational agency to have significantly affected student academic achievement. 

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 

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 


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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— 

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 develVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00232 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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oping 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 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 


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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. 

ø(4) SPECIAL ALLOCATION RULE FOR SCHOOLS IN HIGH-POVERTY 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.¿ 

SEC. 1118. PARENTAL INVOLVEMENT. 

(a) LOCAL EDUCATIONAL AGENCY POLICY.— 

(1) IN GENERAL.—A local educational agency may receive 

funds under this øpart¿ subpart only if such agency implements programs, activities, and procedures for the involvement 

of parents in programs assisted under this øpart¿ subpart consistent with this section. Such programs, activities, and procedures shall be planned and implemented with meaningful consultation with parents of participating children. 


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(2) WRITTEN POLICY.—Each local educational agency that receives funds under this øpart¿ subpart 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— 

(A) involve parents in the joint development of the plan 

under section 1112ø, and the process of school review and 

improvement under section 1116¿; 

* * * * * * * 

(D) coordinate and integrate parental involvement strategies under this øpart¿ subpart with parental involvement 

strategies under other programsø, 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¿; 

(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 øpart¿ subpart, 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 

(F) involve parents in the activities of the schools served 

under this øpart¿ subpart. (3) RESERVATION.— (A) IN GENERAL.—Each local educational agency shall reserve not less than 1 percent of such agency’s allocation 

under øsubpart 2 of this part¿ chapter B of this subpart 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 øsubpart 2 of this part¿ chapter B of this subpart for the fiscal 

year for which the determination is made is $5,000 or less. 

(B) PARENTAL INPUT.—Parents of children receiving services under this øpart¿ subpart shall be involved in the decisions regarding how funds reserved under subparagraph 

(A) are allotted for parental involvement activities. 

(C) DISTRIBUTION OF FUNDS.—Not less than 95 percent 

of the funds reserved under subparagraph (A) shall be distributed to schools served under this øpart¿ subpart. (b) SCHOOL PARENTAL INVOLVEMENT POLICY.— (1) IN GENERAL.—Each school served under this øpart¿ subpart 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). 


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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. 

* * * * * * * 

(c) POLICY INVOLVEMENT.—Each school served under this øpart¿ 

subpart shall— 

(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 øpart¿ subpart and to explain the requirements of this øpart¿ subpart, and the right of the parents to 

be involved; 

(2) offer a flexible number of meetings, such as meetings in 

the morning or evening, and may provide, with funds provided 

under this øpart¿ subpart, transportation, child care, or home 

visits, as such services relate to parental involvement; 

(3) involve parents, in an organized, ongoing, and timely 

way, in the planning, review, and improvement of programs 

under this øpart¿ subpart, 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; 

(4) provide parents of participating children— 

(A) timely information about programs under this øpart¿ 

subpart; 

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¿ 

(B) a description and explanation of the curriculum in 

use at the school and the forms of academic assessment 

used to measure student progress; and 

(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 øpart¿ subpart shall jointly develop with parents for all 

children served under this øpart¿ subpart 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— 

(1) describe the school’s responsibility to provide high-quality 

curriculum and instruction in a supportive and effective learning environment that enables the children served under this 

øpart¿ subpart to meet the State’s østudent academic achievement¿ academic standards, and the ways in which each parent 

will be responsible for supporting their children’s learning, 

such as monitoring attendance, homework completion, and telVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00236 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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evision 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 

* * * * * * * 

(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 øpart¿ subpart— 

(1) shall provide assistance to parents of children served by 

the school or local educational agency, as appropriate, in understanding such topics as the øState’s academic content 

standards and State student academic achievement standards¿ 

State’s academic standards, State and local academic assessments, the requirements of this øpart¿ subpart, and how to 

monitor a child’s progress and work with educators to improve 

the achievement of their children; 

* * * * * * * 

(3) shall educate teachers, øpupil services personnel,¿ specialized instructional support personnel, øprincipals,¿ school 

leaders, 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; 

(4) shall, to the extent feasible and appropriate, coordinate 

and integrate parent involvement programs and activities with 

øHead 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¿ 

other Federal, State, and local 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; 

* * * * * * * 

(7) may provide necessary literacy training from funds received under this øpart¿ subpart if the local educational agency has exhausted all other reasonably available sources of 

funding for such training; 

* * * * * * * 

(f) ACCESSIBILITY.—In carrying out the parental involvement requirements of this øpart¿ subpart, 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 RESOURCE

CENTERS.—In a State where a parental information and resource 

center is established to provide training, information, and support 

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cational 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.¿ 

(g) FAMILY ENGAGEMENT IN EDUCATION PROGRAMS.—In a State 

operating a program under subpart 3 of part A of title III, each 

local educational agency or school that receives assistance under 

this subpart shall inform such parents and organizations of the existence of such programs. 

* * * * * * * 

øSEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS. 

ø(a) TEACHER QUALIFICATIONS AND MEASURABLE OBJECTIVES.— 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). 

ø(c) NEW PARAPROFESSIONALS.— ø(1) IN GENERAL.—Each local educational agency receiving 

assistance under this part shall ensure that all paraprofessionals hired 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— 

ø(A) completed at least 2 years of study at an institution 

of higher education; 

ø(B) obtained an associate’s (or higher) degree; or 

ø(C) met a rigorous standard of quality and can demonstrate, through a formal State or local academic assessment— 

ø(i) knowledge of, and the ability to assist in instructing, reading, writing, and mathematics; or 

ø(ii) knowledge of, and the ability to assist in instructing, reading readiness, writing readiness, and 

mathematics readiness, as appropriate. 

ø(2) CLARIFICATION.—The receipt of a secondary school diploma (or its recognized equivalent) shall be necessary but not 

sufficient to satisfy the requirements of paragraph (1)(C). 

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) EXCEPTIONS FOR TRANSLATION AND PARENTAL INVOLVEMENT

ACTIVITIES.—Subsections (c) and (d) shall not apply to a paraprofessional— 

ø(1) who is proficient in English and a language other than 

English and who provides services primarily to enhance the 

participation of children in programs under this part by acting 

as a translator; or 

ø(2) whose duties consist solely of conducting parental involvement activities consistent with section 1118. 


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ø(f) GENERAL REQUIREMENT FOR ALL PARAPROFESSIONALS.—Each 

local educational agency receiving assistance under this part shall 

ensure that all paraprofessionals working in a program supported 

with funds under this part, regardless of the paraprofessionals’ hiring date, have earned a secondary school diploma or its recognized 

equivalent. 

ø(g) DUTIES OF PARAPROFESSIONALS.— 

ø(1) IN GENERAL.—Each local educational agency receiving 

assistance under this part shall ensure that a paraprofessional 

working in a program supported with funds under this part is 

not assigned a duty inconsistent with this subsection. 

ø(2) RESPONSIBILITIES PARAPROFESSIONALS MAY BE ASSIGNED.—A paraprofessional described in paragraph (1) may be 

assigned— 

ø(A) to provide one-on-one tutoring for eligible students, 

if the tutoring is scheduled at a time when a student 

would not otherwise receive instruction from a teacher; 

ø(B) to assist with classroom management, such as organizing instructional and other materials; 

ø(C) to provide assistance in a computer laboratory; 

ø(D) to conduct parental involvement activities; 

ø(E) to provide support in a library or media center; 

ø(F) to act as a translator; or 

ø(G) to provide instructional services to students in accordance with paragraph (3). 

ø(3) ADDITIONAL LIMITATIONS.—A paraprofessional described 

in paragraph (1)— 

ø(A) may not provide any instructional service to a student unless the paraprofessional is working under the direct supervision of a teacher consistent with section 1119; 

and 

ø(B) may assume limited duties that are assigned to 

similar personnel who are not working in a program supported with funds under this part, including duties beyond 

classroom instruction or that do not benefit participating 

children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails 

with respect to similar personnel at the same school. 

ø(h) USE OF FUNDS.—A local educational agency receiving funds 

under this part may use such funds to support ongoing training 

and professional development to assist teachers and paraprofessionals in satisfying the requirements of this section. 

ø(i) VERIFICATION OF COMPLIANCE.— 

ø(1) IN GENERAL.—In verifying compliance with this section, 

each local educational agency, at a minimum, shall require 

that the principal of each school operating a program under 

section 1114 or 1115 attest annually in writing as to whether 

such school is in compliance with the requirements of this section. 

ø(2) AVAILABILITY OF INFORMATION.—Copies of attestations 

under paragraph (1)— 

ø(A) shall be maintained at each school operating a program under section 1114 or 1115 and at the main office of 

the local educational agency; and 


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ø(B) shall be available to any member of the general 

public on request. 

ø(j) 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. 

ø(k) SPECIAL RULE.—Except as provided in subsection (l), no 

State educational agency shall require a school or a local educational agency to expend a specific amount of funds for professional development activities under this part, except that this paragraph shall not apply with respect to requirements under section 

1116(c)(3). 

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. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 

SCHOOLS. 

ø(a) GENERAL REQUIREMENT.— ø(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 

teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to 

sections 1118 and 1119. 

ø(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.—Such educational 

services or other benefits, including materials and equipment, 

shall be secular, neutral, and nonideological. 

ø(3) EQUITY.—Educational services and other benefits for 

such private school children shall be equitable in comparison 

to services and other benefits for public school children participating under this part, and shall be provided in a timely manner. 

ø(4) EXPENDITURES.—Expenditures for educational services 

and other benefits to eligible private school children shall be 

equal to the proportion of funds allocated to participating 

school attendance areas based on the number of children from 

low-income families who attend private schools, which the local 

educational agency may determine each year or every 2 years. 

ø(5) PROVISION OF SERVICES.—The local educational agency 

may provide services under this section directly or through 

contracts with public and private agencies, organizations, and 

institutions. 

ø(b) CONSULTATION.— 


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ø(1) IN GENERAL.—To ensure timely and meaningful consultation, a local educational agency shall consult with appropriate private school officials during the design and development of such agency’s programs under this part, on issues such 

as— 

ø(A) how the children’s needs will be identified; 

ø(B) what services will be offered; 

ø(C) how, where, and by whom the services will be provided; 

ø(D) how the services will be academically assessed and 

how the results of that assessment will be used to improve 

those services; 

ø(E) the size and scope of the equitable services to be 

provided to the eligible private school children, and the 

proportion of funds that is allocated under subsection 

(a)(4) for such services; 

ø(F) the method or sources of data that are used under 

subsection (c) and section 1113(c)(1) to determine the number of children from low-income families in participating 

school attendance areas who attend private schools; 

ø(G) how and when the agency will make decisions 

about the delivery of services to such children, including a 

thorough consideration and analysis of the views of the 

private school officials on the provision of services through 

a contract with potential third-party providers; and 

ø(H) how, if the agency disagrees with the views of the 

private school officials on the provision of services through 

a contract, the local educational agency will provide in 

writing to such private school officials an analysis of the 

reasons why the local educational agency has chosen not 

to use a contractor. 

ø(2) TIMING.—Such consultation shall include meetings of 

agency and private school officials and shall occur before the 

local educational agency makes any decision that affects the 

opportunities of eligible private school children to participate 

in programs under this part. Such meetings shall continue 

throughout implementation and assessment of services provided under this section. 

ø(3) DISCUSSION.—Such consultation shall include a discussion of service delivery mechanisms a local educational agency 

can use to provide equitable services to eligible private school 

children. 

ø(4) DOCUMENTATION.—Each local educational agency shall 

maintain in the agency’s records and provide to the State educational agency involved a written affirmation signed by officials of each participating private school that the consultation 

required by this section has occurred. If such officials do not 

provide such affirmation within a reasonable period of time, 

the local educational agency shall forward the documentation 

that such consultation has taken place to the State educational 

agency. 

ø(5) COMPLIANCE.— ø(A) IN GENERAL.—A private school official shall have 

the right to complain to the State educational agency that 

the local educational agency did not engage in consultation 


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that was meaningful and timely, or did not give due consideration to the views of the private school official. 

ø(B) PROCEDURE.—If the private school official wishes to 

complain, the official shall provide the basis of the noncompliance with this section by the local educational agency to the State educational agency, and the local educational agency shall forward the appropriate documentation to the State educational agency. 

ø(c) ALLOCATION FOR EQUITABLE SERVICE TO PRIVATE SCHOOL

STUDENTS.— ø(1) CALCULATION.—A local educational agency shall have 

the final authority, consistent with this section, to calculate 

the number of children, ages 5 through 17, who are from lowincome families and attend private schools by— 

ø(A) using the same measure of low income used to 

count public school children; 

ø(B) using the results of a survey that, to the extent possible, protects the identity of families of private school students, and allowing such survey results to be extrapolated 

if complete actual data are unavailable; 

ø(C) applying the low-income percentage of each participating public school attendance area, determined pursuant 

to this section, to the number of private school children 

who reside in that school attendance area; or 

ø(D) using an equated measure of low income correlated 

with the measure of low income used to count public school 

children. 

ø(2) COMPLAINT PROCESS.—Any dispute regarding low-income data for private school students shall be subject to the 

complaint process authorized in section 9505. 

ø(d) PUBLIC CONTROL OF FUNDS.— ø(1) IN GENERAL.—The control of funds provided under this 

part, and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, materials, equipment, 

and property. 

ø(2) PROVISION OF SERVICES.— ø(A) PROVIDER.—The provision of services under this 

section shall be provided— 

ø(i) by employees of a public agency; or 

ø(ii) through contract by such public agency with an 

individual, association, agency, or organization. 

ø(B) REQUIREMENT.—In the provision of such services, 

such employee, individual, association, agency, or organization shall be independent of such private school and of 

any religious organization, and such employment or contract shall be under the control and supervision of such 

public agency. 

ø(e) STANDARDS FOR A BYPASS.—If a local educational agency is 

prohibited by law from providing for the participation in programs 

on an equitable basis of eligible children enrolled in private elementary schools and secondary schools, or if the Secretary determines that a local educational agency has substantially failed or is 

unwilling, to provide for such participation, as required by this section, the Secretary shall— 


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ø(1) waive the requirements of this section for such local 

educational agency; 

ø(2) arrange for the provision of services to such children 

through arrangements that shall be subject to the requirements of this section and sections 9503 and 9504; and 

ø(3) in making the determination under this subsection, consider one or more factors, including the quality, size, scope, 

and location of the program and the opportunity of eligible 

children to participate.¿ 

SEC. 1120. 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— 

(A) after timely and meaningful consultation with appropriate private school officials or representatives, provide 

such service, on an equitable basis and individually or in 

combination, as requested by the officials or representatives 

to best meet the needs of such children, special educational 

services, instructional services, counseling, mentoring, oneon-one tutoring, or other benefits under this subpart (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 

(B) ensure that teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to this subpart. 

(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.—Such educational 

services or other benefits, including materials and equipment, 

shall be secular, neutral, and nonideological. 

(3) EQUITY.— 

(A) IN GENERAL.—Educational services and other benefits 

for such private school children shall be equitable in comparison to services and other benefits for public school children participating under this subpart, and shall be provided in a timely manner. 

(B) OMBUDSMAN.—To help ensure such equity for such 

private school children, teachers, and other educational 

personnel, the State educational agency involved shall designate an ombudsman to monitor and enforce the requirements of this subpart. 

(4) EXPENDITURES.— 

(A) IN GENERAL.—Expenditures for educational services 

and other benefits to eligible private school children shall 

be equal to the expenditures for participating public school 

children, taking into account the number, and educational 

needs, of the children to be served. 

(B) OBLIGATION OF FUNDS.—Funds allocated to a local 

educational agency for educational services and other benefits to eligible private school children shall— 


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(i) be obligated in the fiscal year for which the funds 

are received by the agency; and 

(ii) with respect to any such funds that cannot be so 

obligated, be used to serve such children in the following fiscal year. 

(5) PROVISION OF SERVICES.—The local educational agency or, 

in a case described in subsection (b)(6)(C), the State educational 

agency involved, may provide services under this section directly or through contracts with public or private agencies, organizations, and institutions. 

(b) CONSULTATION.— 

(1) IN GENERAL.—To ensure timely and meaningful consultation, a local educational agency shall consult with appropriate 

private school officials or representatives during the design and 

development of such agency’s programs under this subpart in 

order to reach an agreement between the agency and the officials or representatives about equitable and effective programs 

for eligible private school children, the results of which shall be 

transmitted to the designated ombudsmen under section 

1120(a)(3)(B). Such process shall include consultation on issues 

such as— 

(A) how the children’s needs will be identified; 

(B) what services will be offered; 

(C) how, where, and by whom the services will be provided; 

(D) how the services will be academically assessed and 

how the results of that assessment will be used to improve 

those services; 

(E) the size and scope of the equitable services to be provided to the eligible private school children, and the proportion of funds that is allocated under subsection (a)(4) for 

such services, how that proportion of funds is determined 

under such subsection, and an itemization of the costs of 

the services to be provided; 

(F) the method or sources of data that are used under 

subsection (c) and section 1113(c)(1) to determine the number of children from low-income families in participating 

school attendance areas who attend private schools; 

(G) how and when the agency will make decisions about 

the delivery of services to such children, including a thorough consideration and analysis of the views of the private 

school officials or representatives on the provision of services through a contract with potential third-party providers; 

(H) how, if the agency disagrees with the views of the private school officials or representatives on the provision of 

services through a contract, the local educational agency 

will provide in writing to such private school officials an 

analysis of the reasons why the local educational agency 

has chosen not to use a contractor; 

(I) whether the agency will provide services under this 

section directly or through contracts with public and private agencies, organizations, and institutions; 

(J) whether to provide equitable services to eligible private school children— 


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(i) by creating a pool or pools of funds with all of the 

funds allocated under paragraph (4) based on all the 

children from low-income families who attend private 

schools in a participating school attendance area of the 

agency from which the local educational agency will 

provide such services to all such children; or 

(ii) by providing such services to eligible children in 

each private school in the agency’s participating school 

attendance area with the proportion of funds allocated 

under paragraph (4) based on the number of children 

from low-income families who attend such school; and 

(K) whether to consolidate and use funds under this subpart to provide schoolwide programs for a private school. 

(2) DISAGREEMENT.—If a local educational agency disagrees 

with the views of private school officials or representatives with 

respect to an issue described in paragraph (1), the local educational agency shall provide in writing to such private school 

officials an analysis of the reasons why the local educational 

agency has chosen not to adopt the course of action requested 

by such officials. 

(3) TIMING.—Such consultation shall include meetings of 

agency and private school officials or representatives and shall 

occur before the local educational agency makes any decision 

that affects the opportunities of eligible private school children 

to participate in programs under this subpart. Such meetings 

shall continue throughout implementation and assessment of 

services provided under this section. 

(4) DISCUSSION.—Such consultation shall include a discussion of service delivery mechanisms a local educational agency 

can use to provide equitable services to eligible private school 

children. 

(5) DOCUMENTATION.—Each local educational agency shall 

maintain in the agency’s records and provide to the State educational agency involved a written affirmation signed by officials or representatives of each participating private school that 

the meaningful consultation required by this section has occurred. The written affirmation shall provide the option for private school officials or representatives to indicate that timely 

and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private 

school children. If such officials or representatives do not provide such affirmation within a reasonable period of time, the 

local educational agency shall forward the documentation that 

such consultation has, or attempts at such consultation have, 

taken place to the State educational agency. 

(6) COMPLIANCE.— 

(A) IN GENERAL.—A private school official shall have the 

right to file a complaint with the State educational agency 

that the local educational agency did not engage in consultation that was meaningful and timely, did not give due 

consideration to the views of the private school official, or 

did not treat the private school or its students equitably as 

required by this section. 

(B) PROCEDURE.—If the private school official wishes to 

file a complaint, the official shall provide the basis of the 


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noncompliance with this section by the local educational 

agency to the State educational agency, and the local educational agency shall forward the appropriate documentation to the State educational agency. 

(C) STATE EDUCATIONAL AGENCIES.—A State educational 

agency shall provide services under this section directly or 

through contracts with public or private agencies, organizations, and institutions, if— 

(i) the appropriate private school officials or their 

representatives have— 

(I) requested that the State educational agency 

provide such services directly; and 

(II) demonstrated that the local educational 

agency involved has not met the requirements of 

this section; or 

(ii) in a case in which— 

(I) a local educational agency has more than 

10,000 children from low-income families who attend private elementary schools or secondary 

schools in a participating school attendance area 

of the agency that are not being served by the 

agency’s program under this section; or 

(II) 90 percent of the eligible private school students in a participating school attendance area of 

the agency are not being served by the agency’s 

program under this section. 

(c) ALLOCATION FOR EQUITABLE SERVICE TO PRIVATE SCHOOL

STUDENTS.— (1) CALCULATION.—A local educational agency shall have the 

final authority, consistent with this section, to calculate the 

number of children, ages 5 through 17, who are from low-income families and attend private schools by— 

(A) using the same measure of low income used to count 

public school children; 

(B) using the results of a survey that, to the extent possible, protects the identity of families of private school students, and allowing such survey results to be extrapolated 

if complete actual data are unavailable; 

(C) applying the low-income percentage of each participating public school attendance area, determined pursuant 

to this section, to the number of private school children who 

reside in that school attendance area; or 

(D) using an equated measure of low income correlated 

with the measure of low income used to count public school 

children. 

(2) COMPLAINT PROCESS.—Any dispute regarding low-income 

data for private school students shall be subject to the complaint process authorized in section 5503. 

(d) PUBLIC CONTROL OF FUNDS.— (1) IN GENERAL.—The control of funds provided under this 

subpart, and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, materials, equipment, 

and property. 

(2) PROVISION OF SERVICES.— 


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(A) PROVIDER.—The provision of services under this section shall be provided— 

(i) by employees of a public agency; or 

(ii) through a contract by such public agency with an 

individual, association, agency, or organization. 

(B) REQUIREMENT.—In the provision of such services, 

such employee, individual, association, agency, or organization shall be independent of such private school and of any 

religious organization, and such employment or contract 

shall be under the control and supervision of such public 

agency. 

(e) STANDARDS FOR A BYPASS.—If a local educational agency is 

prohibited by law from providing for the participation in programs 

on an equitable basis of eligible children enrolled in private elementary schools and secondary schools, or if the Secretary determines 

that a local educational agency has substantially failed or is unwilling to provide for such participation, as required by this section, the 

Secretary shall— 

(1) waive the requirements of this section for such local educational agency; 

(2) arrange for the provision of services to such children 

through arrangements that shall be subject to the requirements 

of this section and sections 5503 and 5504; and 

(3) in making the determination under this subsection, consider one or more factors, including the quality, size, scope, and 

location of the program and the opportunity of eligible children 

to participate. 

SEC. 1120A. FISCAL REQUIREMENTS. 

ø(a) MAINTENANCE OF EFFORT.—A local educational agency may 

receive funds under this part for any fiscal year only if the State 

educational agency involved finds that the local educational agency 

has maintained the agency’s fiscal effort in accordance with section 

9521.¿ 

ø(b)¿ (a) FEDERAL FUNDS TO SUPPLEMENT, NOT SUPPLANT, NONFEDERAL FUNDS.— 

(1) IN GENERAL.—A State educational agency or local educational agency shall use Federal funds received under this 

øpart¿ subpart 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 assisted under this øpart¿ subpart, and not to supplant 

such funds. 

(2) SPECIAL RULE.—No local educational agency shall be required to provide services under this øpart¿ subpart through a 

particular instructional method or in a particular instructional 

setting in order to demonstrate such agency’s compliance with 

paragraph (1). 

ø(c)¿ (b) COMPARABILITY OF SERVICES.— 

(1) IN GENERAL.— 

(A) COMPARABLE SERVICES.—Except as provided in paragraphs (4) and (5), a local educational agency may receive 

funds under this øpart¿ subpart only if State and local 

funds will be used in schools served under this øpart¿ subpart to provide services that, taken as a whole, are at least 


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comparable to services in schools that are not receiving 

funds under this øpart¿ subpart. (B) SUBSTANTIALLY COMPARABLE SERVICES.—If the local 

educational agency is serving all of such agency’s schools 

under this øpart¿ subpart, such agency may receive funds 

under this øpart¿ subpart only if such agency will use 

State and local funds to provide services that, taken as a 

whole, are substantially comparable in each school. 

* * * * * * * 

(3) PROCEDURES AND RECORDS.—Each local educational agency assisted under this øpart¿ subpart shall— 

(A) * * * 

* * * * * * * 

ø(d)¿ (c) EXCLUSION OF FUNDS.—For the purpose of complying 

with subsections (b) and (c), a State educational agency or local 

educational agency may exclude supplemental State or local funds 

expended in any school attendance area or school for programs that 

meet the intent and purposes of this øpart¿ subpart. 

SEC. 1120B. COORDINATION REQUIREMENTS. 

(a) IN GENERAL.—Each local educational agency receiving assistance under this øpart¿ subpart shall carry out the activities described in subsection (b) with Head Start agencies and, if feasible, 

other entities carrying out early childhood development programs 

øsuch as the Early Reading First program¿. (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 programsø, such as the 

Early Reading First program,¿ serving children who will attend the 

schools of the local educational agency, including— 

(1) developing and implementing a systematic procedure for 

receiving records regarding such children, transferred with parental consent from a Head Start program or, where applicable, another early childhood development program øsuch as the 

Early Reading First program¿; 

(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 øsuch as 

the Early Reading First program¿, as appropriate, to facilitate 

coordination of programs; 

(3) conducting meetings involving parents, kindergarten or 

elementary school teachers, and Head Start teachers or, if appropriate, teachers from other early childhood development 

programs øsuch as the Early Reading First program¿, to discuss the developmental and other needs of individual children; 

(4) organizing and participating in joint transition-related 

training of school staff, Head Start program staff, øEarly Reading First program staff,¿ and, where appropriate, other early 

childhood development program staff; and 

(5) linking the educational services provided by such local 

educational agency with the services provided by local Head 

Start agencies øand entities carrying out Early Reading First 

programs¿. 


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(c) COORDINATION OF REGULATIONS.—The Secretary shall work 

with the Secretary of Health and Human Services to coordinate 

regulations promulgated under this øpart¿ subpart with regulations promulgated under the Head Start Act. 

øSubpart 2—Allocations¿ 

CHAPTER B—ALLOCATIONS 

SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY 

OF THE INTERIOR. 

(a) RESERVATION OF FUNDS.—From the amount øappropriated for 

payments to States for any fiscal year under section 1002(a) and 

1125A(f)¿ reserved for this chapter under section 1122(a), the Secretary shall reserve a total of 1 percent to provide assistance to— 

(1) * * * 

* * * * * * * 

(b) ASSISTANCE TO OUTLYING AREAS.— 

(1) * * * 

(2) COMPETITIVE GRANTS.—Until each appropriate outlying 

area enters into an agreement for extension of United States 

educational assistance under the Compact of Free Association 

after the date of enactment of øthe No Child Left Behind Act 

of 2001¿ the Student Success Act, the Secretary shall carry out 

the competition described in paragraph (3), except that the 

amount reserved to carry out such competition shall not exceed 

$5,000,000. 

(3) LIMITATION FOR COMPETITIVE GRANTS.— 

(A) * * * 

(B) AWARD BASIS.—The Secretary shall award grants 

under subparagraph (A) on a competitive øbasis, taking 

into consideration the recommendations of the Pacific Region Educational Laboratory in Honolulu, Hawaii.¿ basis. 

(C) USES.—Except as provided in subparagraph (D), 

grant funds awarded under this paragraph may be used 

only— 

(i) * * * 

(ii) to provide direct educational services that assist 

all students with meeting øchallenging State academic 

content standards¿ State academic standards. 

ø(D) ADMINISTRATIVE COSTS.—The Secretary may provide not more than 5 percent of the amount reserved for 

grants under this paragraph to pay the administrative 

costs of the Pacific Region Educational Laboratory under 

subparagraph (B).¿ 

* * * * * * * 

(d) ALLOTMENT TO THE SECRETARY OF THE INTERIOR.— 

(1) * * * 

(2) PAYMENTS.—From the amount allotted for payments to 

the Secretary of the Interior under subsection (a)(2), the Secretary of the Interior shall make payments to local educational 

agencies, on such terms as the Secretary determines will best 

carry out the purposes of this øpart¿ subpart, with respect to 

out-of-State Indian children described in paragraph (1). The 


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amount of such payment may not exceed, for each such child, 

the greater of— 

(A) * * * 

* * * * * * * 

SEC. 1122. ALLOCATIONS TO STATES. 

ø(a) ALLOCATION FORMULA.—Of the amount appropriated under 

section 1002(a) to carry out this part for each of fiscal years 2002– 

2007 (referred to in this subsection as the current fiscal year)— 

ø(1) an amount equal to the amount made available to carry 

out section 1124 for fiscal year 2001 shall be allocated in accordance with section 1124; 

ø(2) an amount equal to the amount made available to carry 

out section 1124A for fiscal year 2001 shall be allocated in accordance with section 1124A; and 

ø(3) an amount equal to 100 percent of the amount, if any, 

by which the amount made available to carry out sections 

1124, 1124A, and 1125 for the current fiscal year for which the 

determination is made exceeds the amount available to carry 

out sections 1124 and 1124A for fiscal year 2001 shall be allocated in accordance with section 1125.¿ 

(a) RESERVATION.— 

(1) IN GENERAL.—From the amounts appropriated under section 3(a)(1), the Secretary shall reserve 91 percent of such 

amounts to carry out this chapter. 

(2) ALLOCATION FORMULA.—Of the amount reserved under 

paragraph (1) for each of fiscal years 2013 to 2018 (referred to 

in this subsection as the current fiscal year)— 

(A) an amount equal to the amount made available to 

carry out section 1124 for fiscal year 2001 shall be used to 

carry out section 1124; 

(B) an amount equal to the amount made available to 

carry out section 1124A for fiscal year 2001 shall be used 

to carry out section 1124A; and 

(C) an amount equal to 100 percent of the amount, if any, 

by which the total amount made available to carry out this 

chapter for the fiscal year for which the determination is 

made exceeds the total amount available to carry out sections 1124 and 1124A for fiscal year 2001 shall be used to 

carry out section 1125 and 1125A and such amount shall 

be divided equally between section 1125 and section 1125A. 

(b) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS.— 

(1) IN GENERAL.—If the sums available under this øsubpart¿ 

chapter for any fiscal year are insufficient to pay the full 

amounts that all local educational agencies in States are eligible to receive under sections 1124, 1124A, and 1125 for such 

year, the Secretary shall ratably reduce the allocations to such 

local educational agencies, subject to subsections (c) and (d) of 

this section. 

* * * * * * * 

(c) HOLD-HARMLESS AMOUNTS.— 

(1) * * * 

* * * * * * * 


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(3) APPLICABILITY.—Notwithstanding any other provision of 

law, the Secretary shall not take into consideration the holdharmless provisions of this subsection for any fiscal year for 

purposes of calculating State or local allocations for the fiscal 

year under any program administered by the Secretary other 

than a program authorized under this øpart¿ subpart. 

* * * * * * * 

(d) RATABLE REDUCTIONS.— 

(1) IN GENERAL.—If the sums made available under this 

øsubpart¿ chapter for any fiscal year are insufficient to pay the 

full amounts that local educational agencies in all States are 

eligible to receive under subsection (c) for such year, the Secretary shall ratably reduce such amounts for such year. 

* * * * * * * 

SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES. 

(a) AMOUNT OF GRANTS.— 

(1) * * * 

* * * * * * * 

(3) ALLOCATIONS TO COUNTIES.— 

(A) * * * 

(B) DIRECT ALLOCATIONS.—In any State in which a large 

number of local educational agencies overlap county 

boundaries, or for which the State believes it has data that 

would better target funds than allocating them by county, 

the State educational agency may apply to the Secretary 

for authority to make the allocations under this øsubpart¿ 

chapter for a particular fiscal year directly to local educational agencies without regard to counties. 

(C) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.—If 

the Secretary approves the State educational agency’s application under subparagraph (B), the State educational 

agency shall provide the Secretary an assurance that such 

allocations shall be made— 

(i) using precisely the same factors for determining 

a grant as are used under this øsubpart¿ chapter; or 

* * * * * * * 

(4) PUERTO RICO.— (A) * * * 

* * * * * * * 

(C) LIMITATION.—If the application of subparagraph (B) 

would result in any of the 50 States or the District of Columbia receiving less under this øsubpart¿ chapter than it 

received under this øsubpart¿ chapter for the preceding 

fiscal year, the percentage in subparagraph (A) shall be 

the greater of— 

(i) * * * 

* * * * * * * 

(c) CHILDREN TO BE COUNTED.— 

(1) CATEGORIES OF CHILDREN.—The number of children to be 

counted for purposes of this section is the aggregate of— 

(A) * * * 


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(B) the number of children (determined under paragraph 

(4) for either the preceding year as described in that paragraph, or for the second preceding year, as the Secretary 

finds appropriate) aged 5 to 17, inclusive, in the school district of such agency in institutions for neglected and delinquent children (other than such institutions operated by 

the United States), but not counted pursuant to øsubpart 

1 of part D¿ chapter A of subpart 3 for the purposes of a 

grant to a State agency, or being supported in foster 

homes with public funds; and 

* * * * * * * 

(2) DETERMINATION OF NUMBER OF CHILDREN.—For the purposes of this section, the Secretary shall determine the number 

of children aged 5 to 17, inclusive, from families below the poverty level on the basis of the most recent satisfactory data, described in paragraph (3), available from the Department of 

Commerce. The District of Columbia and the Commonwealth of 

Puerto Rico shall be treated as individual local educational 

agencies. If a local educational agency contains two or more 

counties in their entirety, then each county will be treated as 

if such county were a separate local educational agency for 

purposes of calculating grants under this øpart¿ subpart. The 

total of grants for such counties shall be allocated to such a 

local educational agency, which local educational agency shall 

distribute to schools in each county within such agency a share 

of the local educational agency’s total grant that is no less than 

the county’s share of the population counts used to calculate 

the local educational agency’s grant. 

* * * * * * * 

øSEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED GRANTS TO 

LOCAL EDUCATIONAL AGENCIES IN FISCAL YEARS AFTER 

FISCAL YEAR 2001. 

ø(a) FINDINGS.—Congress makes the following findings: 

ø(1) The current Basic Grant Formula for the distribution of 

funds under this part often does not provide funds for the economically disadvantaged students for which such funds are 

targeted. 

ø(2) Any school district in which more than 2 percent of the 

students live below the poverty level qualifies for funding 

under the Basic Grant Formula. As a result, 9 out of every 10 

school districts in the country receive some form of aid under 

the Formula. 

ø(3) Fifty-eight percent of all schools receive at least some 

funding under this part, including many suburban schools with 

predominantly well-off students. 

ø(4) One out of every 5 schools with concentrations of poor 

students between 50 and 75 percent receive no funding at all 

under this part. 

ø(5) In passing the Improving America’s Schools Act in 1994, 

Congress declared that grants under this part would more 

sharply target high poverty schools by using the Targeted 

Grant Formula, but annual appropriation Acts have prevented 

the use of that Formula. 


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ø(6) The advantage of the Targeted Grant Formula over 

other funding formulas under this part is that the Targeted 

Grant Formula provides increased grants per poor child as the 

percentage of economically disadvantaged children in a school 

district increases. 

ø(7) Studies have found that the poverty of a child’s family 

is much more likely to be associated with educational disadvantage if the family lives in an area with large concentrations of poor families. 

ø(8) States with large populations of high poverty students 

would receive significantly more funding if more funds under 

this part were allocated through the Targeted Grant Formula. 

ø(9) Congress has an obligation to allocate funds under this 

part so that such funds will positively affect the largest number of economically disadvantaged students. 

ø(b) LIMITATION ON ALLOCATION OF TITLE I FUNDS CONTINGENT

ON ADEQUATE FUNDING OF TARGETED GRANTS.—Pursuant to section 1122, the total amount allocated in any fiscal year after fiscal 

year 2001 for programs and activities under this part shall not exceed the amount allocated in fiscal year 2001 for such programs 

and activities unless the amount available for targeted grants to 

local educational agencies under section 1125 in the applicable fiscal year meets the requirements of section 1122(a).¿ 

SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED GRANTS TO 

LOCAL EDUCATIONAL AGENCIES IN FISCAL YEARS AFTER 

FISCAL YEAR 2001. 

Pursuant to section 1122, the total amount allocated in any fiscal 

year after fiscal year 2001 for programs and activities under this 

subpart shall not exceed the amount allocated in fiscal year 2001 

for such programs and activities unless the amount available for 

targeted grants to local educational agencies under section 1125 in 

the applicable fiscal year meets the requirements of section 1122(a). 

SEC. 1125A. EDUCATION FINANCE INCENTIVE GRANT PROGRAM. 

ø(a) GRANTS.—From funds appropriated under subsection (f) the 

Secretary is authorized to make grants to States, from allotments 

under subsection (b), to carry out the programs and activities of 

this part.¿ 

ø(b)¿ (a) DISTRIBUTION BASED UPON FISCAL EFFORT AND EQUITY.— 

(1) IN GENERAL.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), funds øappropriated pursuant to subsection (f)¿ made 

available for any fiscal year to carry out this section 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) * * * 

* * * * * * * 

(B) STATE MINIMUM.—Notwithstanding any other provision of this section or section 1122, from the total amount 

available for any fiscal year to carry out this section, each 

State shall be allotted at least the lesser of— 


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(i) 0.35 percent of øtotal appropriations¿ the total 

amount reserved under section 1122(a) to carry out this 

section; or 

* * * * * * * 

ø(c)¿ (b) USE OF FUNDS; ELIGIBILITY OF LOCAL EDUCATIONAL

AGENCIES.—All funds awarded to each State under this section 

shall be allocated to local educational agencies under the following 

provisions. Within local educational agencies, funds allocated under 

this section shall be distributed to schools on a basis consistent 

with section 1113, and may only be used to carry out activities 

under this øpart¿ subpart. A local educational agency in a State is 

eligible to receive a targeted grant under this section for any fiscal 

year if— 

(A) * * * 

* * * * * * * 

ø(d)¿ (c) ALLOCATION OF FUNDS TO ELIGIBLE LOCAL EDUCATIONAL

AGENCIES.—Funds received by States under this section shall be 

allocated within States to eligible local educational agencies on the 

basis of weighted child counts calculated in accordance with paragraph (1), (2), or (3), as appropriate for each State. 

(1) * * * 

* * * * * * * 

ø(e) MAINTENANCE OF EFFORT.— ø(1) IN GENERAL.—Except as provided in paragraph (2), a 

State is entitled to receive its full allotment of funds under this 

section for any fiscal year if the Secretary finds 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(2) REDUCTION OF FUNDS.—The Secretary shall reduce the 

amount of funds awarded to any State under this section in 

any fiscal year in the exact proportion to which the State fails 

to meet the requirements of paragraph (1) by falling below 90 

percent of both the fiscal effort per student and aggregate expenditures (using the measure most favorable to the State), 

and no such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years. 

ø(3) WAIVERS.—The Secretary may waive, for 1 fiscal year 

only, the requirements of this subsection 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. 

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)¿ (d) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS.— 


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(1) * * * 

* * * * * * * 

(4) APPLICABILITY.—Notwithstanding any other provision of 

law, the Secretary shall not take into consideration the holdharmless provisions of this subsection for any fiscal year for 

purposes of calculating State or local allocations for the fiscal 

year under any program administered by the Secretary other 

than a program authorized under this øpart¿ subpart. 

* * * * * * * 

SEC. 1127. CARRYOVER AND WAIVER. 

(a) LIMITATION ON CARRYOVER.—Notwithstanding section 421(b) 

of the General Education Provisions Act or any other provision of 

law, not more than 15 percent of the funds allocated to a local educational agency for any fiscal year under this øsubpart¿ chapter 

(but not including funds received through any reallocation under 

this øsubpart¿ chapter) may remain available for obligation by 

such agency for one additional fiscal year. 

(b) WAIVER.—A State educational agency may, once every 3 

years, waive the percentage limitation in subsection (a) if— 

(1) * * * 

(2) supplemental appropriations for this øsubpart¿ chapter 

become available. 

(c) EXCLUSION.—The percentage limitation under subsection (a) 

shall not apply to any local educational agency that receives less 

than $50,000 under this øsubpart¿ chapter for any fiscal year. 

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 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 


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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 

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 


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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 

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 


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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— 

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; 


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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 

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 


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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— 

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 


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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 AGEN- CIES 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 classroombased 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— 

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 


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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) 

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.— 


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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 supplement 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 SecVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00264 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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retary 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 

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 


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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; 

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. 


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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; 

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 


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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. 

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 makVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00268 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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ing 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— 

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. 


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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. 

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 

ø(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 

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grams 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). 

øSEC. 1208. DEFINITIONS. 

øIn 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. 


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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. 

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 


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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. 

ø(D) CLASSROOM-BASED INSTRUCTIONAL READING ASSESSMENT.—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; 


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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 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 lanVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00274 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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guage, 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. 

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. 


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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 

consultation with the Secretary, shall disseminate information regarding 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. 


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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. 

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, 


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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 highquality 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), 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 multiyear 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 approVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00278 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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priate, 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. 

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), 

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tion 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 

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 SelfDetermination 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. 


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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 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. 


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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. 

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 non-Federal 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; 


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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 

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 


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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; 

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 


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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. 

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; 


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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. 

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— 


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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. 

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— 


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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. 

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 


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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. 

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). 


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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 

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 EDUCATIONAL 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 apVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00290 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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plications 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 

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 


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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; 

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. 


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øPART 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. 

øSEC. 1302. PROGRAM AUTHORIZED. 

øIn order to carry out the purpose of this part, the Secretary 

shall make grants to State educational agencies, or combinations of 

such agencies, to establish or improve, directly or through local operating agencies, programs of education for migratory children in 

accordance with this part. 

øSEC. 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.— 


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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 

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. 

ø(b) ALLOCATION TO PUERTO RICO.— 

ø(1) IN GENERAL.—For each fiscal year, the grant which the 

Commonwealth of Puerto Rico shall be eligible to receive under 

this part shall be the amount determined by multiplying the 

number of children who would be counted under subsection 

(a)(1)(A) if such subsection applied to the Commonwealth of 

Puerto Rico by the product of— 

ø(A) the percentage which 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; and 

ø(B) 32 percent of the average per-pupil expenditure in 

the United States. 

ø(2) MINIMUM PERCENTAGE.—The percentage in paragraph 

(1)(A) shall not be less than— 


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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) RATABLE REDUCTIONS; REALLOCATIONS.— 

ø(1) IN GENERAL.—(A) If, after the Secretary reserves funds 

under section 1308(c), the amount appropriated to carry out 

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. 

ø(B) 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. 

ø(2) SPECIAL RULE.—(A) 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 required under 

section 1304. 

ø(B) 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. 

ø(d) CONSORTIUM ARRANGEMENTS.— 

ø(1) IN GENERAL.—In the case of a State that receives a 

grant of $1,000,000 or less under this section, the Secretary 

shall consult with the State educational agency to determine 

whether consortium arrangements with another State or other 

appropriate entity would result in delivery of services in a 

more effective and efficient manner. 

ø(2) PROPOSALS.—Any State, regardless of the amount of 

such State’s allocation, may submit a consortium arrangement 

to the Secretary for approval. 

ø(3) APPROVAL.—The Secretary shall approve a consortium 

arrangement under paragraph (1) or (2) if the proposal demonstrates that the arrangement will— 

ø(A) reduce administrative costs or program function 

costs for State programs; and 

ø(B) make more funds available for direct services to add 

substantially to the welfare or educational attainment of 

children to be served under this part. 


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ø(e) DETERMINING NUMBERS OF ELIGIBLE CHILDREN.—In order to 

determine the estimated number of migratory children residing in 

each State for purposes of this section, the Secretary shall— 

ø(1) use such information as the Secretary finds most accurately reflects the actual number of migratory children; 

ø(2) develop and implement a procedure for more accurately 

reflecting cost factors for different types of summer and intersession program designs; 

ø(3) adjust the full-time equivalent number of migratory children who reside in each State to take into account— 

ø(A) the special needs of those children participating in 

special programs provided under this part that operate 

during the summer and intersession periods; and 

ø(B) the additional costs of operating such programs; 

and 

ø(4) conduct an analysis of the options for adjusting the formula so as to better direct services to the child whose education has been interrupted. 

øSEC. 1304. STATE APPLICATIONS; SERVICES. 

ø(a) APPLICATION REQUIRED.—Any State desiring to receive a 

grant under this part for any fiscal year shall submit an application to the Secretary at such time and in such manner as the Secretary may require. 

ø(b) PROGRAM INFORMATION.—Each such application shall include— 

ø(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 special educational needs of migratory children, including preschool migratory children, are identified and addressed 

through— 

ø(A) the full range of services that are available for migratory children from appropriate local, State, and Federal 

educational programs; 

ø(B) joint planning among local, State, and Federal educational programs serving migrant children, including language instruction educational programs under part A or B 

of title III; 

ø(C) the integration of services available under this part 

with services provided by those other programs; and 

ø(D) measurable program goals and outcomes; 

ø(2) a description of the steps the State is taking to provide 

all migratory students with the opportunity to meet the same 

challenging State academic content standards and challenging 

State student academic achievement standards that all children are expected to meet; 

ø(3) 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 require, the State 

will provide for educational continuity through the timely 

transfer of pertinent school records, including information on 

health, when children move from one school to another, whether or not such move occurs during the regular school year; 


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ø(4) a description of the State’s priorities for the use of funds 

received under this part, and how such priorities relate to the 

State’s assessment of needs for services in the State; 

ø(5) a description of how the State will determine the 

amount of any subgrants the State will award to local operating agencies, taking into account the numbers and needs of 

migratory children, the requirements of subsection (d), and the 

availability of funds from other Federal, State, and local programs; 

ø(6) such budgetary and other information as the Secretary 

may require; and 

ø(7) a description of how the State will encourage programs 

and projects assisted under this part to offer family literacy 

services if the program or project serves a substantial number 

of migratory children who have parents who do not have a 

high school diploma or its recognized equivalent or who have 

low levels of literacy. 

ø(c) ASSURANCES.—Each such application shall also include assurances, satisfactory to the Secretary, that— 

ø(1) funds received under this part will be used only— 

ø(A) for programs and projects, including the acquisition 

of equipment, in accordance with section 1306; and 

ø(B) to coordinate such programs and projects with similar programs and projects within the State and in other 

States, as well as with other Federal programs that can 

benefit migratory children and their families; 

ø(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 part I; 

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; 

ø(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; 

ø(5) the effectiveness of such programs and projects will be 

determined, where feasible, using the same approaches and 

standards that will be used to assess the performance of students, schools, and local educational agencies under part A; 

ø(6) to the extent feasible, such programs and projects will 

provide for— 

ø(A) advocacy and outreach activities for migratory children and their families, including informing such children 

and families of, or helping such children and families gain 


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access to, other education, health, nutrition, and social 

services; 

ø(B) professional development programs, including mentoring, for teachers and other program personnel; 

ø(C) family literacy programs, including such programs 

that use models developed under Even Start; 

ø(D) the integration of information technology into educational and related programs; and 

ø(E) programs to facilitate the transition of secondary 

school students to postsecondary education or employment; 

and 

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. 

ø(d) PRIORITY FOR SERVICES.—In providing services with funds 

received under this part, each recipient of such funds shall give priority to migratory children who 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. 

ø(e) CONTINUATION OF SERVICES.—Notwithstanding any other 

provision of this part— 

ø(1) a child who ceases to be a migratory child during a 

school term shall be eligible for services until the end of such 

term; 

ø(2) a child who is no longer a migratory child may continue 

to receive services for 1 additional school year, but only if comparable services are not available through other programs; and 

ø(3) secondary school students who were eligible for services 

in secondary school may continue to be served through credit 

accrual programs until graduation. 

øSEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW. 

ø(a) SECRETARIAL APPROVAL.—The Secretary shall approve each 

State application that meets the requirements of this part. 

ø(b) PEER REVIEW.—The Secretary may review any such application with the assistance and advice of State officials and other individuals with relevant expertise. 

øSEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN; AUTHORIZED ACTIVITIES. 

ø(a) COMPREHENSIVE PLAN.— 

ø(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 special educational needs of 

migratory children in accordance with a comprehensive State 

plan that— 

ø(A) is integrated with other programs under this Act or 

other Acts, as appropriate; 

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; 


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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) provides that migratory children will have an opportunity to meet the same challenging State academic 

content standards and challenging State student academic 

achievement standards that all children are expected to 

meet; 

ø(D) specifies measurable program goals and outcomes; 

ø(E) encompasses the full range of services that are 

available for migratory children from appropriate local, 

State, and Federal educational programs; 

ø(F) is the product of joint planning among such local, 

State, and Federal programs, including programs under 

part A, early childhood programs, and language instruction educational programs under part A or B of title III; 

and 

ø(G) provides for the integration of services available 

under this part with services provided by such other programs. 

ø(2) DURATION OF THE PLAN.—Each such comprehensive 

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 by the State, 

as necessary, to reflect changes in the State’s strategies 

and programs under this part. 

ø(b) AUTHORIZED ACTIVITIES.— 

ø(1) FLEXIBILITY.—In implementing the comprehensive plan 

described in subsection (a), each State educational agency, 

where applicable through its local educational 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). 

ø(3) CONSTRUCTION.—Nothing in this part shall be construed 

to prohibit a local educational agency from serving migratory 

children simultaneously with students with similar educational 

needs in the same educational settings, where appropriate. 

ø(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 special educational needs of migratory children before 


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using funds under this part for schoolwide programs under section 1114. 

øSEC. 1307. BYPASS. 

øThe Secretary may use all or part of any State’s allocation 

under this part to make arrangements with any public or private 

nonprofit agency to carry out the purpose of this part in such State 

if the Secretary determines that— 

ø(1) the State is unable or unwilling to conduct educational 

programs for migratory children; 

ø(2) such arrangements would result in more efficient and 

economic administration of such programs; or 

ø(3) such arrangements would add substantially to the welfare or educational attainment of such children. 

øSEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES. 

ø(a) IMPROVEMENT OF COORDINATION.— 

ø(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 nonprofit entities to improve the interstate and intrastate coordination 

among such agencies’ educational programs, including the establishment or improvement of programs for credit accrual and 

exchange, available to migratory students. 

ø(2) DURATION.—Grants under this subsection may be 

awarded for not more than 5 years. 

ø(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. 

ø(2) INFORMATION SYSTEM.— 

ø(A) IN GENERAL.—The Secretary, in consultation with 

the States, shall ensure the linkage of migrant student 

record systems for the purpose of electronically exchanging, among the States, health and educational information 

regarding all migratory students. 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— 

ø(i) immunization records and other health information; 

ø(ii) elementary and secondary academic history (including partial credit), credit accrual, and results from 

State assessments required under section 1111(b); 

ø(iii) other academic information essential to ensuring that migratory children achieve to high standards; 

and 

ø(iv) eligibility for services under the Individuals 

with Disabilities Education Act. 

ø(B) NOTICE AND COMMENT.—After consulting with the 

States under subparagraph (A), the Secretary shall publish 


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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. 

ø(3) NO COST FOR CERTAIN TRANSFERS.—A State educational 

agency or local educational agency receiving assistance under 

this part shall make student records available to another State 

educational agency or local educational agency that requests 

the records at no cost to the requesting agency, if the request 

is made in order to meet the needs of a migratory child. 

ø(4) REPORT TO CONGRESS.— 

ø(A) IN GENERAL.—Not later than April 30, 2003, the 

Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of 

Representatives the Secretary’s findings and recommendations regarding the maintenance and transfer of health 

and educational information for migratory students by the 

States. 

ø(B) REQUIRED CONTENTS.—The Secretary shall include 

in such report— 

ø(i) a review of the progress of States in developing 

and linking electronic records transfer systems; 

ø(ii) recommendations for the development and linkage of such systems; and 

ø(iii) recommendations for measures that may be 

taken to ensure the continuity of services provided for 

migratory students. 

ø(c) 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. 

ø(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 

propose a consortium arrangement with another State or other appropriate entity that the Secretary determines, pursuant to criteria 

that the Secretary shall establish, will improve the delivery of services to migratory children whose education is interrupted. 

ø(e) DATA COLLECTION.—The Secretary shall direct the National 

Center for Education Statistics to collect data on migratory children. 

øSEC. 1309. DEFINITIONS. 

øAs used in this part: 

ø(1) LOCAL OPERATING AGENCY.—The term ‘‘local operating 

agency’’ means— 

ø(A) a local educational agency to which a State educational agency makes a subgrant under this part; 


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ø(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 

ø(C) a State educational agency, if the State educational 

agency operates the State’s migrant education program or 

projects directly. 

ø(2) 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. 

øPART D—PREVENTION AND INTERVENTION 

PROGRAMS FOR CHILDREN AND YOUTH 

WHO ARE NEGLECTED, DELINQUENT, OR ATRISK 

øSEC. 1401. PURPOSE AND PROGRAM AUTHORIZATION. 

ø(a) PURPOSE.—It is the purpose of this part— 

ø(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 challenging State academic content 

standards and challenging State student academic achievement standards that all children in the State are expected to 

meet; 

ø(2) to provide such children and youth with the services 

needed to make a successful transition from institutionalization to further schooling or employment; and 

ø(3) to 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. 

ø(b) PROGRAM AUTHORIZED.—In order to carry out the purpose of 

this part and from amounts appropriated under section 1002(d), 

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. 

øSEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART. 

ø(a) AGENCY SUBGRANTS.—Based on the allocation amount computed under section 1412, the Secretary shall allocate to each State 

educational agency an amount necessary to make subgrants to 

State agencies under subpart 1. 


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ø(b) LOCAL SUBGRANTS.—Each State shall retain, for the purpose 

of carrying out subpart 2, funds generated throughout the State 

under part A of this title based on children and youth residing in 

local correctional facilities, or attending community day programs 

for delinquent children and youth. 

øSubpart 1—State Agency Programs 

øSEC. 1411. ELIGIBILITY. 

øA State agency is eligible for assistance under this subpart if 

such State agency is responsible for providing free public education 

for children and youth— 

ø(1) in institutions for neglected or delinquent children and 

youth; 

ø(2) attending community day programs for neglected or delinquent children and youth; or 

ø(3) in adult correctional institutions. 

øSEC. 1412. ALLOCATION OF FUNDS. 

ø(a) SUBGRANTS TO STATE AGENCIES.— 

ø(1) IN GENERAL.—Each State agency described in section 

1411 (other than an agency in the Commonwealth of Puerto 

Rico) is eligible to receive a subgrant under this subpart, for 

each fiscal year, in an amount equal to the product of— 

ø(A) the number of neglected or delinquent children and 

youth described in section 1411 who— 

ø(i) are enrolled for at least 15 hours per week in 

education programs in adult correctional institutions; 

and 

ø(ii) are enrolled for at least 20 hours per week— 

ø(I) in education programs in institutions for neglected or delinquent children and youth; or 

ø(II) in community day programs for neglected 

or delinquent children and youth; and 

ø(B) 40 percent of the average per-pupil expenditure in 

the State, except that the amount determined under this 

subparagraph shall not be less than 32 percent, nor more 

than 48 percent, of the average per-pupil expenditure in 

the United States. 

ø(2) SPECIAL RULE.—The number of neglected or delinquent 

children and youth determined under paragraph (1) shall— 

ø(A) be determined by the State agency by a deadline set 

by the Secretary, except that no State agency shall be required to determine the number of such children and 

youth on a specific date set by the Secretary; and 

ø(B) be adjusted, as the Secretary determines is appropriate, to reflect the relative length of such agency’s annual programs. 

ø(b) SUBGRANTS TO STATE AGENCIES IN PUERTO RICO.— 

ø(1) IN GENERAL.—For each fiscal year, the amount of the 

subgrant which a State agency in the Commonwealth of Puerto 

Rico shall be eligible to receive under this subpart shall be the 

amount determined by multiplying the number of children 

counted under subsection (a)(1)(A) for the Commonwealth of 

Puerto Rico by the product of— 


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ø(A) the percentage which 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; and 

ø(B) 32 percent of the average per-pupil expenditure in 

the United States. 

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) would 

result in any of the 50 States or the District of Columbia receiving less under this subpart than it received under this subpart 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— 

ø(A) the percentage in paragraph (1)(A) for such fiscal 

year; or 

ø(B) the percentage used for the preceding fiscal year. 

ø(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT APPROPRIATIONS.—If the amount appropriated for any fiscal year for subgrants under subsections (a) and (b) is insufficient to pay the full 

amount for which all State agencies are eligible under such subsections, the Secretary shall ratably reduce each such amount. 

øSEC. 1413. STATE REALLOCATION OF FUNDS. 

øIf a State educational agency determines that a State agency 

does not need the full amount of the subgrant for which such State 

agency is eligible under this subpart for any fiscal year, the State 

educational agency may reallocate the amount that will not be 

needed to other eligible State agencies that need additional funds 

to carry out the purpose of this part, in such amounts as the State 

educational agency shall determine. 

øSEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS. 

ø(a) STATE PLAN.— 

ø(1) IN GENERAL.—Each State educational agency that desires to receive a grant under this subpart shall submit, for approval by the Secretary, a plan— 

ø(A) for meeting the educational needs of neglected, delinquent, and at-risk children and youth; 

ø(B) for assisting in the transition of children and youth 

from correctional facilities to locally operated programs; 

and 

ø(C) that is integrated with other programs under this 

Act or other Acts, as appropriate. 

ø(2) CONTENTS.—Each such State plan shall— 

ø(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 

academic, vocational, and technical skills of children in the 

program; 


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ø(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; and 

ø(C) contain an assurance that the State educational 

agency will— 

ø(i) ensure that programs assisted under this subpart will be carried out in accordance with the State 

plan described in this subsection; 

ø(ii) carry out the evaluation requirements of section 

1431; 

ø(iii) ensure that the State agencies receiving subgrants under this subpart comply with all applicable 

statutory and regulatory requirements; and 

ø(iv) provide such other information as the Secretary may reasonably require. 

ø(3) DURATION OF THE PLAN.—Each such 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 by the State, 

as necessary, to reflect changes in the State’s strategies 

and programs under this part. 

ø(b) SECRETARIAL APPROVAL AND PEER REVIEW.— 

ø(1) SECRETARIAL APPROVAL.—The Secretary shall approve 

each State plan that meets the requirements of this subpart. 

ø(2) PEER REVIEW.—The Secretary may review any State 

plan with the assistance and advice of individuals with relevant expertise. 

ø(c) STATE AGENCY APPLICATIONS.—Any State agency that desires to receive funds to carry out a program under this subpart 

shall submit an application to the State educational agency that— 

ø(1) describes the procedures to be used, consistent with the 

State plan under section 1111, to assess the educational needs 

of the children to be served under this subpart; 

ø(2) provide an assurance that in making services available 

to children and youth in adult correctional institutions, priority 

will be given to such children and youth who are likely to complete incarceration within a 2-year period; 

ø(3) describes the program, including a budget for the first 

year of the program, with annual updates to be provided to the 

State educational agency; 

ø(4) describes how the program will meet the goals and objectives of the State plan; 

ø(5) describes how the State agency will consult with experts 

and provide the necessary training for appropriate staff, to ensure that the planning and operation of institution-wide 

projects under section 1416 are of high quality; 

ø(6) describes how the State agency will carry out the evaluation requirements of section 9601 and how the results of the 

most recent evaluation will be used to plan and improve the 

program; 

ø(7) includes data showing that the State agency has maintained the fiscal effort required of a local educational agency, 

in accordance with section 9521; 


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ø(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, vocational and 

technical education programs, State and local dropout prevention programs, and special education programs; 

ø(9) describes how the State agency will encourage 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 

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; 

ø(10) describes how appropriate professional development 

will be provided to teachers and other staff; 

ø(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 

children and youth from such facility or institution to locally 

operated programs; 

ø(12) describes how the State agency will endeavor to coordinate with businesses for training and mentoring for participating children and youth; 

ø(13) provides an assurance that the State agency will assist 

in locating alternative programs through which students can 

continue their education if the students are not returning to 

school after leaving the correctional facility or institution for 

neglected or delinquent children and youth; 

ø(14) provides assurances that the State agency will work 

with parents to secure parents’ assistance in improving the 

educational achievement of their children and youth, and preventing their children’s and youth’s further involvement in delinquent activities; 

ø(15) provides an assurance that the State agency will work 

with children and youth with disabilities in order to meet an 

existing individualized education program and an assurance 

that the agency will notify the child’s or youth’s local school if 

the child or youth— 

ø(A) is identified as in need of special education services 

while the child or youth is in the correctional facility or institution for neglected or delinquent children and youth; 

and 

ø(B) intends to return to the local school; 

ø(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 once the term of the incarceration is 

completed or provide the child or youth with the skills necessary to gain employment, 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; 

ø(17) provides an assurance that teachers and other qualified 

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ities and other students with special needs taking into consideration the unique needs of such students; 

ø(18) describes any additional services to be provided to children and youth, such as career counseling, distance learning, 

and assistance in securing student loans and grants; and 

ø(19) provides an assurance that the program under this 

subpart will be coordinated with any programs operated under 

the Juvenile Justice and Delinquency Prevention Act of 1974 

(42 U.S.C. 5601 et seq.) or other comparable programs, if applicable. 

øSEC. 1415. USE OF FUNDS. 

ø(a) USES.— 

ø(1) IN GENERAL.—A State agency shall use funds received 

under this subpart only for programs and projects that— 

ø(A) are consistent with the State plan under section 

1414(a); and 

ø(B) concentrate on providing participants with the 

knowledge and skills needed to make a successful transition to secondary school completion, vocational or technical 

training, further education, or employment. 

ø(2) PROGRAMS AND PROJECTS.—Such programs and 

projects— 

ø(A) may include the acquisition of equipment; 

ø(B) shall be designed to support educational services 

that— 

ø(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 challenging academic content 

standards and student academic achievement standards; 

ø(ii) supplement and improve the quality of the educational services provided to such children and youth 

by the State agency; and 

ø(iii) afford such children and youth an opportunity 

to meet challenging State academic achievement 

standards; 

ø(C) shall be carried out in a manner consistent with 

section 1120A and part I (as applied to programs and 

projects under this part); and 

ø(D) may include the costs of meeting the evaluation requirements of section 9601. 

ø(b) SUPPLEMENT, NOT SUPPLANT.—A program under this subpart that supplements the number of hours of instruction students 

receive from State and local sources shall be considered to comply 

with the supplement, not supplant requirement of section 1120A 

(as applied to this part) without regard to the subject areas in 

which instruction is given during those hours. 

øSEC. 1416. INSTITUTION-WIDE PROJECTS. 

øA State agency that provides free public education for children 

and youth in an institution for neglected or delinquent children 

and youth (other than an adult correctional institution) or attending a community-day program for such children and youth may use 

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grade the entire educational effort of, that institution or program 

if the State agency has developed, and the State educational agency has approved, a comprehensive plan for that institution or program that— 

ø(1) provides for a comprehensive assessment of the educational needs of all children and youth in the institution or 

program serving juveniles; 

ø(2) provides for a comprehensive assessment of the educational needs of youth aged 20 and younger in adult facilities 

who are expected to complete incarceration within a 2-year period; 

ø(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 challenging State academic content standards and student academic achievement standards 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; 

ø(4) describes the instructional program, pupil 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); 

ø(5) specifically describes how such funds will be used; 

ø(6) describes the measures and procedures that will be used 

to assess student progress; 

ø(7) describes how the agency has planned, and will implement and evaluate, the institution-wide or program-wide 

project in consultation with personnel providing direct instructional services and support services in institutions or community-day programs for neglected or delinquent children and 

youth, and with personnel from the State educational agency; 

and 

ø(8) includes an assurance that the State agency has provided for appropriate training for teachers and other instructional and administrative personnel to enable such teachers 

and personnel to carry out the project effectively. 

øSEC. 1417. THREE-YEAR PROGRAMS OR PROJECTS. 

øIf a State agency operates a program or project under this subpart in which individual children or youth are likely to participate 

for more than 1 year, the State educational agency may approve 

the State agency’s application for a subgrant under this subpart for 

a period of not more than 3 years. 

øSEC. 1418. TRANSITION SERVICES. 

ø(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 

ø(2) the successful reentry of youth offenders, who are age 20 

or younger and have received a secondary school diploma or its 


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recognized equivalent, into postsecondary education, or vocational and technical training programs, through strategies designed to expose the youth to, and prepare the youth for, postsecondary education, or vocational and technical training programs, such as— 

ø(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; 

ø(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 

ø(C) essential support services to ensure the success of 

the youth, such as— 

ø(i) personal, vocational and technical, and academic, counseling; 

ø(ii) placement services designed to place the youth 

in a university, college, or junior college program; 

ø(iii) information concerning, and assistance in obtaining, available student financial aid; 

ø(iv) counseling services; and 

ø(v) job placement services. 

ø(b) CONDUCT OF PROJECTS.—A project supported under this section may be conducted directly by the State agency, or through a 

contract or other arrangement with one or more local educational 

agencies, other public agencies, or private nonprofit organizations. 

ø(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to prohibit a school that receives funds under subsection 

(a) from serving neglected and delinquent children and youth simultaneously with students with similar educational needs, in the 

same educational settings where appropriate. 

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. 

øSubpart 2—Local Agency Programs 

øSEC. 1421. PURPOSE. 

øThe purpose of this subpart is to support the operation of local 

educational agency programs that involve collaboration with locally 

operated correctional facilities— 

ø(1) to carry out high quality education programs to prepare 

children and youth for secondary school completion, training, 

employment, or further education; 

ø(2) to provide activities to facilitate the transition of such 

children and youth from the correctional program to further 

education or employment; and 


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ø(3) to operate programs in local schools for children and 

youth returning from correctional facilities, and programs 

which may serve at-risk children and youth. 

øSEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES. 

ø(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). 

ø(b) SPECIAL RULE.—A local educational agency that serves a 

school operated by a correctional facility is not required to operate 

a program of support for children and youth returning from such 

school to a school that is not operated by a correctional agency but 

served by such local educational agency, if more than 30 percent 

of the children and youth attending the school operated by the correctional facility will reside outside the boundaries served by the 

local educational agency after leaving such facility. 

ø(c) NOTIFICATION.—A State educational agency shall notify local 

educational agencies within the State of the eligibility of such 

agencies to receive a subgrant under this subpart. 

ø(d) TRANSITIONAL AND ACADEMIC SERVICES.—Transitional and 

supportive programs operated in local educational agencies under 

this subpart shall be designed primarily to meet the transitional 

and academic needs of students returning to local educational 

agencies or alternative education programs from correctional facilities. Services to students at-risk of dropping out of school shall not 

have a negative impact on meeting the transitional and academic 

needs of the students returning from correctional facilities. 

øSEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 

øEach local educational agency desiring assistance under this 

subpart shall submit an application to the State educational agency 

that contains such information as the State educational agency 

may require. Each such application shall include— 

ø(1) a description of the program to be assisted; 

ø(2) a description of formal agreements, regarding the program to be assisted, between— 

ø(A) the local educational agency; and 

ø(B) correctional facilities and alternative school programs serving children and youth involved with the juvenile justice system; 

ø(3) as appropriate, a description of how participating 

schools will coordinate with facilities working with delinquent 

children and youth to ensure that such children and youth are 

participating in an education program comparable to one operating in the local school such youth would attend; 

ø(4) a description of the program operated by participating 

schools for children and youth returning from correctional facilities and, as appropriate, the types of services that such 

schools will provide such children and youth and other at-risk 

children and youth; 

ø(5) a description of the characteristics (including learning 

difficulties, substance abuse problems, and other special needs) 


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of the children and youth who will be returning from correctional facilities and, as appropriate, other at-risk children and 

youth expected to be served by the program, and a description 

of how the school will coordinate existing educational programs 

to meet the unique educational needs of such children and 

youth; 

ø(6) 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 facilities, at-risk 

children or youth, and other participating 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) as appropriate, a description of any partnerships with 

local businesses to develop training, curriculum-based youth 

entrepreneurship education, and mentoring services for participating students; 

ø(8) as appropriate, a description of how the program will involve parents 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) 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 vocational and technical education programs serving at-risk children and youth; 

ø(10) a description of how the program will be coordinated 

with programs operated under the Juvenile Justice and Delinquency Prevention Act of 1974 and other comparable programs, 

if applicable; 

ø(11) as appropriate, a description of how schools will work 

with probation officers to assist in meeting the needs of children and youth returning from correctional facilities; 

ø(12) 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; and 

ø(13) 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 program. 

øSEC. 1424. USES OF FUNDS. 

øFunds provided to local educational agencies under this subpart 

may be used, as appropriate, for— 

ø(1) programs that serve children and youth returning to 

local schools from correctional facilities, to assist in the transition of such children and youth to the school environment and 

help them remain in school in order to complete their education; 

ø(2) dropout prevention programs which serve at-risk children and youth, including pregnant and parenting teens, children and youth who have come in contact with the juvenile 


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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; 

ø(3) the coordination of health and social services for such 

individuals if there is a likelihood that the provision of such 

services, including day care, drug and alcohol counseling, and 

mental health services, will improve the likelihood such individuals will complete their education; 

ø(4) special programs to meet the unique academic needs of 

participating children and youth, including vocational and 

technical education, special education, career counseling, curriculum-based youth entrepreneurship education, and assistance in securing student loans or grants for postsecondary education; and 

ø(5) programs providing mentoring and peer mediation. 

øSEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING FUNDS UNDER THIS SECTION. 

øEach correctional facility entering into an agreement with a 

local educational agency under section 1423(2) to provide services 

to children and youth under this subpart shall— 

ø(1) where feasible, ensure that educational programs in the 

correctional facility are coordinated with the student’s home 

school, particularly with respect to a student with an individualized education program under part B of the Individuals 

with Disabilities Education Act; 

ø(2) if the child or youth is identified as in need of special 

education services while in the correctional facility, notify the 

local school of the child or youth of such need; 

ø(3) where feasible, provide transition assistance to help the 

child or youth stay in school, including coordination of services 

for the family, counseling, assistance in accessing drug and alcohol abuse prevention programs, tutoring, and family counseling; 

ø(4) provide support programs that encourage children and 

youth who have dropped out of school to reenter school once 

their term at the correctional facility has been completed, or 

provide such children and youth with the skills necessary to 

gain employment or seek a secondary school diploma or its recognized equivalent; 

ø(5) work to ensure that the correctional facility is staffed 

with teachers and other qualified staff who are trained to work 

with children and youth with disabilities taking into consideration the unique needs of such children and youth; 

ø(6) ensure that educational programs in the correctional facility are related to assisting students to meet high academic 

achievement standards; 

ø(7) to the extent possible, use technology to assist in coordinating educational programs between the correctional facility 

and the community school; 

ø(8) where feasible, involve parents in efforts to improve the 

educational achievement of their children and prevent the further involvement of such children in delinquent activities; 

ø(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 


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under title I of Public Law 105–220, and vocational and technical education funds; 

ø(10) coordinate programs operated under this subpart with 

activities funded under the Juvenile Justice and Delinquency 

Prevention Act of 1974 and other comparable programs, if applicable; and 

ø(11) if appropriate, work with local businesses to develop 

training, curriculum-based youth entrepreneurship education, 

and mentoring programs for children and youth. 

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. 

øSubpart 3—General Provisions 

øSEC. 1431. PROGRAM EVALUATIONS. 

ø(a) SCOPE OF EVALUATION.—Each State agency or local educational agency 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— 

ø(1) to maintain and improve educational achievement; 

ø(2) to accrue school credits that meet State requirements for 

grade promotion and secondary school graduation; 

ø(3) to make the transition to a regular program or other 

education program operated by a local educational agency; 

ø(4) to complete secondary school (or secondary school 

equivalency requirements) and obtain employment after leaving the correctional facility or institution for neglected or delinquent children and youth; and 

ø(5) as appropriate, to participate in postsecondary education 

and job training programs. 

ø(b) EXCEPTION.—The disaggregation required under subsection 

(a) 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(c) EVALUATION MEASURES.—In conducting each evaluation 

under subsection (a), a State agency or local educational agency 

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 


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ø(2) use the results of evaluations under this section to plan 

and improve subsequent programs for participating children 

and youth. 

øSEC. 1432. DEFINITIONS. 

øIn this part: 

ø(1) ADULT CORRECTIONAL INSTITUTION.—The term ‘‘adult 

correctional institution’’ means a facility in which persons (including persons under 21 years of age) are confined as a result 

of a conviction for a criminal offense. 

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. 

ø(3) COMMUNITY DAY PROGRAM.—The term ‘‘community day 

program’’ means a regular program of instruction provided by 

a State agency at a community day school operated specifically 

for neglected or delinquent children and youth. 

ø(4) INSTITUTION FOR NEGLECTED OR DELINQUENT CHILDREN

AND YOUTH.—The term ‘‘institution for neglected or delinquent 

children and youth’’ means— 

ø(A) a public or private residential facility, other than a 

foster home, that is operated for the care of children who 

have been committed to the institution or voluntarily 

placed in the institution under applicable State law, due to 

abandonment, neglect, or death of their parents or guardians; or 

ø(B) a public or private residential facility for the care 

of children who have been adjudicated to be delinquent or 

in need of supervision.¿ 

Subpart 2—Education of Migratory Children 

SEC. 1131. PROGRAM PURPOSES. 

The purposes of this subpart are as follows: 

(1) To assist States in supporting high-quality and comprehensive educational programs and services during the school 

year, and as applicable, during summer or intercession periods, 

that address the unique educational needs of migratory children. 

(2) To ensure that migratory children who move among the 

States, not be penalized in any manner by disparities among 

the States in curriculum, graduation requirements, and State 

academic standards. 

(3) To help such children succeed in school, meet the State 

academic standards that all children are expected to meet, and 

graduate from high school prepared for postsecondary education and the workforce without the need for remediation. 

(4) To help such children overcome educational disruption, 

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related problems, and other factors that inhibit the ability of 

such children to succeed in school. 

(5) To help such children benefit from State and local systemic reforms. 

SEC. 1132. PROGRAM AUTHORIZED. 

(a) IN GENERAL.—From the amounts appropriated under section 

3(a)(1), the Secretary shall reserve 2.4 percent to carry out this subpart. 

(b) GRANTS AWARDED.—From the amounts reserved under subsection (a) and not reserved under section 1138(c), the Secretary 

shall make allotments for the fiscal year to State educational agencies, or consortia of such agencies, to establish or improve, directly 

or through local operating agencies, programs of education for migratory children in accordance with this subpart. 

SEC. 1133. STATE ALLOCATIONS. 

(a) STATE ALLOCATIONS.—Except as provided in subsection (c), 

each State (other than the Commonwealth of Puerto Rico) is entitled 

to receive under this subpart an amount equal to the product of— 

(1) the sum of— 

(A) the average number of identified eligible full-time 

equivalent 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 subpart in summer or intersession programs provided by the 

State during the previous year; multiplied by 

(2) 40 percent of the average per-pupil expenditure in the 

State, except that the amount determined under this paragraph 

shall not be less than 32 percent, nor more than 48 percent, of 

the average per-pupil expenditure in the United States. 

(b) HOLD HARMLESS.—Notwithstanding subsection (a), for each of 

fiscal years 2013 through 2015, no State shall receive less than 90 

percent of the State’s allocation under this section for the previous 

year. 

(c) ALLOCATION TO PUERTO RICO.—For each fiscal year, the grant 

which the Commonwealth of Puerto Rico shall be eligible to receive 

under this subpart shall be the amount determined by multiplying 

the number of children who would be counted under subsection 

(a)(1) if such subsection applied to the Commonwealth of Puerto 

Rico by the product of— 

(1) the percentage that the average per-pupil expenditure in 

the Commonwealth of Puerto Rico is of the lowest average perpupil expenditure of any of the 50 States, except that the percentage calculated under this subparagraph shall not be less 

than 85 percent; and 

(2) 32 percent of the average per-pupil expenditure in the 

United States. 

(d) RATABLE REDUCTIONS; REALLOCATIONS.— 

(1) IN GENERAL.— 

(A) RATABLE REDUCTIONS.—If, after the Secretary reserves funds under section 1138(c), the amount appropriated to carry out this subpart for any fiscal year is insufficient to pay in full the amounts for which all States are 


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eligible, the Secretary shall ratably reduce each such 

amount. 

(B) 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 subpart. 

(2) SPECIAL RULE.— (A) FURTHER REDUCTIONS.—The Secretary shall further 

reduce the amount of any grant to a State under this subpart 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 required under section 1134. 

(B) REALLOCATION.—The Secretary shall reallocate such 

excess funds to other States whose grants under this subpart would otherwise be insufficient to provide an appropriate level of services to migratory children, in such 

amounts as the Secretary determines are appropriate. 

(e) CONSORTIUM ARRANGEMENTS.— (1) IN GENERAL.—In the case of a State that receives a grant of $1,000,000 or less under this section, the Secretary shall consult with the State educational agency to determine whether 

consortium arrangements with another State or other appropriate entity would result in delivery of services in a more effective and efficient manner. 

(2) PROPOSALS.—Any State, regardless of the amount of such 

State’s allocation, may submit a consortium arrangement to the 

Secretary for approval. 

(3) APPROVAL.—The Secretary shall approve a consortium arrangement under paragraph (1) or (2) if the proposal demonstrates that the arrangement will— 

(A) reduce administrative costs or program function costs 

for State programs; and 

(B) make more funds available for direct services to add 

substantially to the educational achievement of children to 

be served under this subpart. 

(f) DETERMINING NUMBERS OF ELIGIBLE CHILDREN.—In order to 

determine the identified number of migratory children residing in 

each State for purposes of this section, the Secretary shall— 

(1) use 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; 

(3) develop and implement a procedure for more accurately 

reflecting cost factors for different types of summer and intersession program designs; 

(4) adjust the full-time equivalent number of migratory children who reside in each State to take into account— 

(A) the unique needs of those children participating in 

evidence-based or other effective special programs provided 

under this subpart that operate during the summer and 

intersession periods; and 

(B) the additional costs of operating such programs; and 


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(5) conduct an analysis of the options for adjusting the formula so as to better direct services to migratory children, including the most at-risk migratory children. 

(g) NONPARTICIPATING STATES.—In the case of a State desiring to 

receive an allocation under this subpart 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. 1134. STATE APPLICATIONS; SERVICES. 

(a) APPLICATION REQUIRED.—Any State desiring to receive a grant 

under this subpart for any fiscal year shall submit an application 

to the Secretary at such time and in such manner as the Secretary 

may require. 

(b) PROGRAM INFORMATION.—Each such application shall include— 

(1) a description of how, in planning, implementing, and 

evaluating programs and projects assisted under this subpart, 

the State and its local operating agencies will ensure that the 

unique educational needs of migratory children, including preschool migratory children, are identified and addressed 

through— 

(A) the full range of services that are available for migratory children from appropriate local, State, and Federal 

educational programs; 

(B) joint planning among local, State, and Federal educational programs serving migratory children, including 

language instruction educational programs under chapter 

A of subpart 4; and 

(C) the integration of services available under this subpart with services provided by those other programs; 

(2) a description of the steps the State is taking to provide all 

migratory students with the opportunity to meet the same State 

academic standards that all children are expected to meet; 

(3) a description of how the State will use funds received 

under this subpart to promote interstate and intrastate coordination of services for migratory children, including how the 

State will provide for educational continuity through the timely 

transfer of pertinent school records, including information on 

health, when children move from one school to another, whether 

or not such a move occurs during the regular school year; 

(4) a description of the State’s priorities for the use of funds 

received under this subpart, and how such priorities relate to 

the State’s assessment of needs for services in the State; 

(5) a description of how the State will determine the amount 

of any subgrants the State will award to local operating agencies, taking into account the numbers and needs of migratory 

children, the requirements of subsection (d), and the availability of funds from other Federal, State, and local programs; 

and 

(6) a description of how the State will encourage programs 

and projects assisted under this subpart to offer family literacy 


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services if the programs and projects serve a substantial number of migratory children whose parents do not have a regular 

high school diploma or its recognized equivalent or who have 

low levels of literacy. 

(c) ASSURANCES.—Each such application shall also include assurances that— 

(1) funds received under this subpart will be used only— 

(A) for programs and projects, including the acquisition 

of equipment, in accordance with section 1136; and 

(B) to coordinate such programs and projects with similar programs and projects within the State and in other 

States, as well as with other Federal programs that can 

benefit migratory children and their families; 

(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 part C; 

(3) in the planning and operation of programs and projects 

at both the State and local agency operating level, there is consultation with parents of migratory children for programs of 

not less than one school year in duration, and that all such programs and projects are carried out— 

(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 

(B) 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; 

(5) the effectiveness of such programs and projects will be determined, where feasible, using the same approaches and standards that will be used to assess the performance of students, 

schools, and local educational agencies under subpart 1; 

(6) to the extent feasible, such programs and projects will provide for— 

(A) advocacy and outreach activities for migratory children and their families, including informing such children 

and families of, or helping such children and families gain 

access to, other education, health, nutrition, and social 

services; 

(B) professional development programs, including mentoring, for teachers and other program personnel; 

(C) high-quality, evidence-based family literacy programs; 

(D) the integration of information technology into educational and related programs; and 

(E) programs to facilitate the transition of secondary 

school students to postsecondary education or employment 

without the need for remediation; and 

(7) the State will assist the Secretary in determining the number of migratory children under paragraph (1) of section 

1133(a). 


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(d) PRIORITY FOR SERVICES.—In providing services with funds received under this subpart, each recipient of such funds shall give 

priority to migratory children who are failing, or most at risk of 

failing, to meet the State’s academic standards under section 1111 

(b)(1). 

(e) CONTINUATION OF SERVICES.—Notwithstanding any other provision of this subpart— 

(1) a child who ceases to be a migratory child during a school 

term shall be eligible for services until the end of such term; 

(2) a child who is no longer a migratory child may continue 

to receive services for one additional school year, but only if 

comparable services are not available through other programs; 

and 

(3) secondary school students who were eligible for services in 

secondary school may continue to be served through credit accrual programs until graduation. 

SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW. 

The Secretary shall approve each State application that meets the 

requirements of this subpart, and may review any such application 

using a peer review process. 

SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN; AUTHORIZED ACTIVITIES. 

(a) COMPREHENSIVE PLAN.— 

(1) IN GENERAL.—Each State that receives assistance under 

this subpart shall ensure that the State and its local operating 

agencies identify and address the unique educational needs of 

migratory children in accordance with a comprehensive State 

plan that— 

(A) is integrated with other programs under this Act or 

other Acts, as appropriate; 

(B) may be submitted as a part of a consolidated application under section 5302, if— 

(i) the unique needs of migratory children are specifically addressed in the comprehensive State plan; 

(ii) the comprehensive State plan is developed in collaboration with parents of migratory children; and 

(iii) the comprehensive State plan is not used to supplant State efforts regarding, or administrative funding for, this subpart; 

(C) provides that migratory children will have an opportunity to meet the same State academic standards under 

section 1111(b)(1) that all children are expected to meet; 

(D) specifies measurable program goals and outcomes; 

(E) encompasses the full range of services that are available for migratory children from appropriate local, State, 

and Federal educational programs; 

(F) is the product of joint planning among such local, 

State, and Federal programs, including programs under 

subpart 1, early childhood programs, and language instruction educational programs under chapter A of subpart 

4; and 

(G) provides for the integration of services available 

under this subpart with services provided by such other 

programs. 


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(2) DURATION OF THE PLAN.—Each such comprehensive State 

plan shall— 

(A) remain in effect for the duration of the State’s participation under this subpart; and 

(B) be periodically reviewed and revised by the State, as 

necessary, to reflect changes in the State’s strategies and 

programs under this subpart. 

(b) AUTHORIZED ACTIVITIES.— 

(1) FLEXIBILITY.—In implementing the comprehensive plan 

described in subsection (a), each State educational agency, 

where applicable through its local educational agencies, shall 

have the flexibility to determine the activities to be provided 

with funds made available under this subpart, 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. 

(2) UNADDRESSED NEEDS.—Funds provided under this subpart 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 subpart 1 may receive those 

services through funds provided under that subpart, or through 

funds under this subpart that remain after the agency addresses the needs described in paragraph (1). 

(3) CONSTRUCTION.—Nothing in this subpart shall be construed to prohibit a local educational agency from serving migratory children simultaneously with students with similar 

educational needs in the same educational settings, where appropriate. 

SEC. 1137. BYPASS. 

The Secretary may use all or part of any State’s allocation under 

this subpart to make arrangements with any public or private agency to carry out the purpose of this subpart in such State if the Secretary determines that— 

(1) the State is unable or unwilling to conduct educational 

programs for migratory children; 

(2) such arrangements would result in more efficient and economic administration of such programs; or 

(3) such arrangements would add substantially to the educational achievement of such children. 

SEC. 1138. COORDINATION OF MIGRATORY EDUCATION 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 entities to 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 students. 

(2) DURATION.—Grants or contracts under this subsection 

may be awarded for not more than 5 years. 

(b) STUDENT RECORDS.— 


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(1) ASSISTANCE.—The Secretary shall assist States in developing and maintaining an effective system for the electronic 

transfer of student records and in determining the number of 

migratory children in each State. 

(2) INFORMATION SYSTEM.— 

(A) IN GENERAL.—The Secretary, in consultation with the 

States, shall ensure the linkage of migratory 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 this Act. The Secretary shall determine the 

minimum data elements that each State receiving funds 

under this subpart shall collect and maintain. Such minimum data elements may include— 

(i) immunization records and other health information; 

(ii) elementary and secondary academic history (including partial credit), credit accrual, and results from 

State assessments required under section 1111(b)(2); 

(iii) other academic information essential to ensuring 

that migratory children achieve to the States’s academic standards; and 

(iv) eligibility for services under the Individuals with 

Disabilities Education Act. 

(B) The Secretary shall consult with States before updating the data elements that each State receiving funds under 

this subpart 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. 

(3) NO COST FOR CERTAIN TRANSFERS.—A State educational 

agency or local educational agency receiving assistance under 

this subpart shall make student records available to another 

State educational agency or local educational agency that requests the records at no cost to the requesting agency, if the request is made in order to meet the needs of a migratory child. 

(4) REPORT TO CONGRESS.— 

(A) IN GENERAL.—Not later than April 30, 2013, the Secretary shall report to the Committee on Health, Education, 

Labor, and Pensions of the Senate and the Committee on 

Education and the Workforce of the House of Representatives 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 maintaining such systems; 

and 

(iii) recommendations for improving the continuity of 

services provided for migratory students. 


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(c) AVAILABILITY OF FUNDS.—The Secretary shall reserve not more 

than $10,000,000 of the amount reserved under section 1132 to 

carry out this section for each fiscal year. 

(d) DATA COLLECTION.—The Secretary shall direct the National 

Center for Education Statistics to collect data on migratory children. 

SEC. 1139. DEFINITIONS. 

As used in this subpart: 

(1) 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 subpart; 

(B) a public or private agency with which a State educational agency or the Secretary makes an arrangement to 

carry out a project under this subpart; or 

(C) a State educational agency, if the State educational 

agency operates the State’s migratory education program or 

projects directly. 

(2) 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— 

(A) has moved from one school district to another; 

(B) in a State that is comprised of a single school district, 

has moved from one administrative area to another within 

such district; or 

(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. 

Subpart 3—Prevention and Intervention Programs 

for Children and Youth Who Are Neglected, Delinquent, or At-Risk 

SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION. 

(a) PURPOSE.—It is the purpose of this subpart— 

(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 State academic standards that all children in 

the State are expected to meet; 

(2) to provide such children and youth with the services needed to make a successful transition from institutionalization to 

further schooling or employment; and 

(3) to 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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(b) PROGRAM AUTHORIZED.—From amounts appropriated under 

section 3(a)(1), the Secretary shall reserve 0.3 of one percent to carry 

out this subpart. 

(c) GRANTS AWARDED.—From the amounts reserved under subsection (b) and not reserved under section 1004 and section 1159, 

the Secretary shall make grants to State educational agencies that 

have plans submitted under section 1154 approved 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. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUBPART. 

(a) AGENCY SUBGRANTS.—Based on the allocation amount computed under section 1152, the Secretary shall allocate to each State 

educational agency an amount necessary to make subgrants to State 

agencies under chapter A. 

(b) LOCAL SUBGRANTS.—Each State shall retain, for the purpose 

of carrying out chapter B, funds generated throughout the State 

under subpart 1 of this part based on children and youth residing 

in local correctional facilities, or attending community day programs for delinquent children and youth. 

CHAPTER A—STATE AGENCY PROGRAMS 

SEC. 1151. ELIGIBILITY. 

A State agency is eligible for assistance under this chapter if such 

State agency is responsible for providing free public education for 

children and youth— 

(1) in institutions for neglected or delinquent children and 

youth; 

(2) attending community day programs for neglected or delinquent children and youth; or 

(3) in adult correctional institutions. 

SEC. 1152. ALLOCATION OF FUNDS. 

(a) SUBGRANTS TO STATE AGENCIES.— 

(1) IN GENERAL.—Each State agency described in section 1151 

(other than an agency in the Commonwealth of Puerto Rico) is 

eligible to receive a subgrant under this chapter, for each fiscal 

year, in an amount equal to the product of— 

(A) the number of neglected or delinquent children and 

youth described in section 1151 who— 

(i) are enrolled for at least 15 hours per week in education programs in adult correctional institutions; and 

(ii) are enrolled for at least 20 hours per week— 

(I) in education programs in institutions for neglected or delinquent children and youth; or 

(II) in community day programs for neglected or 

delinquent children and youth; and 

(B) 40 percent of the average per-pupil expenditure in the 

State, except that the amount determined under this subparagraph shall not be less than 32 percent, nor more than 

48 percent, of the average per-pupil expenditure in the 

United States. 

(2) SPECIAL RULE.—The number of neglected or delinquent 

children and youth determined under paragraph (1) shall— 


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(A) be determined by the State agency by a deadline set 

by the Secretary, except that no State agency shall be required to determine the number of such children and youth 

on a specific date set by the Secretary; and 

(B) be adjusted, as the Secretary determines is appropriate, to reflect the relative length of such agency’s annual 

programs. 

(b) SUBGRANTS TO STATE AGENCIES IN PUERTO RICO.— 

(1) IN GENERAL.—For each fiscal year, the amount of the 

subgrant which a State agency in the Commonwealth of Puerto 

Rico shall be eligible to receive under this chapter shall be the 

amount determined by multiplying the number of children 

counted under subsection (a)(1)(A) for the Commonwealth of 

Puerto Rico by the product of— 

(A) the percentage which 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; and 

(B) 32 percent of the average per-pupil expenditure in the 

United States. 

(2) MINIMUM PERCENTAGE.—The percentage in paragraph 

(1)(A) shall not be less than 85 percent. 

(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT APPROPRIATIONS.—If the amount reserved for any fiscal year for subgrants 

under subsections (a) and (b) is insufficient to pay the full amount 

for which all State agencies are eligible under such subsections, the 

Secretary shall ratably reduce each such amount. 

SEC. 1153. STATE REALLOCATION OF FUNDS. 

If a State educational agency determines that a State agency does 

not need the full amount of the subgrant for which such State agency is eligible under this chapter for any fiscal year, the State educational agency may reallocate the amount that will not be needed 

to other eligible State agencies that need additional funds to carry 

out the purpose of this chapter, in such amounts as the State educational agency shall determine. 

SEC. 1154. STATE PLAN AND STATE AGENCY APPLICATIONS. 

(a) STATE PLAN.— 

(1) IN GENERAL.—Each State educational agency that desires 

to receive a grant under this chapter shall submit, for approval 

by the Secretary, a plan— 

(A) for meeting the educational needs of neglected, delinquent, and at-risk children and youth; 

(B) for assisting in the transition of children and youth 

from correctional facilities to locally operated programs; 

and 

(C) that is integrated with other programs under this Act 

or other Acts, as appropriate. 

(2) CONTENTS.—Each such State plan shall— 

(A) describe how the State will assess the effectiveness of 

the program in improving the academic, career, and technical skills 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; 


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(C) describe how the State will place a priority for such 

children to obtain a regular high school diploma, to the extent feasible; and 

(D) contain an assurance that the State educational 

agency will— 

(i) ensure that programs assisted under this chapter 

will be carried out in accordance with the State plan 

described in this subsection; 

(ii) carry out the evaluation requirements of section 

1171; and 

(iii) ensure that the State agencies receiving subgrants under this chapter comply with all applicable 

statutory and regulatory requirements. 

(3) DURATION OF THE PLAN.—Each such State plan shall— 

(A) remain in effect for the duration of the State’s participation under this chapter; and 

(B) be periodically reviewed and revised by the State, as 

necessary, to reflect changes in the State’s strategies and 

programs under this chapter. 

(b) SECRETARIAL APPROVAL AND PEER REVIEW.— (1) SECRETARIAL APPROVAL.—The Secretary shall approve 

each State plan that meets the requirements of this chapter. 

(2) PEER REVIEW.—The Secretary may review any State plan 

with the assistance and advice of individuals with relevant expertise. 

(c) STATE AGENCY APPLICATIONS.—Any State agency that desires 

to receive funds to carry out a program under this chapter shall 

submit an application to the State educational agency that— 

(1) describes the procedures to be used, consistent with the 

State plan under section 1111, to assess the educational needs 

of the children to be served under this chapter; 

(2) provide an assurance that in making services available to 

children and youth in adult correctional institutions, priority 

will be given to such children and youth who are likely to complete incarceration within a 2-year period; 

(3) describes the program, including a budget for the first 

year of the program, with annual updates to be provided to the 

State educational agency; 

(4) describes how the program will meet the goals and objectives of the State plan; 

(5) describes how the State agency will consult with experts 

and provide the necessary training for appropriate staff, to ensure that the planning and operation of institution-wide 

projects under section 1156 are of high quality; 

(6) 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, career and technical education programs, State and local dropout prevention programs, 

and special education programs; 

(7) describes how the State agency will encourage correctional 

facilities receiving funds under this chapter 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 corVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00325 Fmt 6659 Sfmt 6603 E:\HR\OC\HR458.XXX HR458

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rectional facility and the local educational agency or alternative 

education program; 

(8) describes how appropriate professional development will 

be provided to teachers and other staff; 

(9) 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 from such facility or institution to locally operated programs; 

(10) describes how the State agency will endeavor to coordinate with businesses for training and mentoring for participating children and youth; 

(11) provides an assurance that the State agency will assist 

in locating alternative programs through which students can 

continue their education if the students are not returning to 

school after leaving the correctional facility or institution for neglected or delinquent children and youth; 

(12) provides assurances that the State agency will work with 

parents to secure parents’ assistance in improving the educational achievement of their children and youth, and preventing their children’s and youth’s further involvement in delinquent activities; 

(13) provides an assurance that the State agency will work 

with children and youth with disabilities in order to meet an 

existing individualized education program and an assurance 

that the agency will notify the child’s or youth’s local school if 

the child or youth— 

(A) is identified as in need of special education services 

while the child or youth is in the correctional facility or institution for neglected or delinquent children and youth; 

and 

(B) intends to return to the local school; 

(14) 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 regular high school diploma once 

the term of the incarceration is completed, or provide the child 

or youth with the skills necessary to gain employment, continue 

the education of the child or youth, or obtain a regular high 

school diploma or its recognized equivalent if the child or youth 

does not intend to return to school; 

(15) provides an assurance that effective 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; 

(16) describes any additional services to be provided to children and youth, such as career counseling, distance education, 

and assistance in securing student loans and grants; and 

(17) provides an assurance that the program under this chapter will be coordinated with any programs operated under the 

Juvenile Justice and Delinquency Prevention Act of 1974 (42 

U.S.C. 5601 et seq.) or other comparable programs, if applicable. 


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SEC. 1155. USE OF FUNDS. 

(a) USES.— 

(1) IN GENERAL.—A State agency shall use funds received 

under this chapter only for programs and projects that— 

(A) are consistent with the State plan under section 

1154(a); and 

(B) concentrate on providing participants with the knowledge and skills needed to make a successful transition to 

secondary school completion, career or technical training, 

further education, or employment without the need for remediation. 

(2) PROGRAMS AND PROJECTS.—Such programs and projects— 

(A) may include the acquisition of equipment; 

(B) shall be designed to support educational services 

that— 

(i) except for institution-wide projects under section 

1156, are provided to children and youth identified by 

the State agency as failing, or most at-risk of failing, 

to meet the State’s academic standards; and 

(ii) supplement and improve the quality of the educational services provided to such children and youth 

by the State agency; and 

(iii) afford such children and youth an opportunity to 

meet State academic standards; and 

(C) shall be carried out in a manner consistent with section 1120A and part C (as applied to programs and 

projects under this chapter). 

(b) SUPPLEMENT, NOT SUPPLANT.—A program under this chapter 

that supplements the number of hours of instruction students receive 

from State and local sources shall be considered to comply with the 

supplement, not supplant the requirement of section 1120A (as applied to this chapter) without regard to the subject areas in which 

instruction is given during those hours. 

SEC. 1156. INSTITUTION-WIDE PROJECTS. 

A State agency that provides free public education for children 

and youth in an institution for neglected or delinquent children and 

youth (other than an adult correctional institution) or attending a 

community day program for such children and youth may use funds 

received under this chapter to serve all children in, and upgrade the 

entire educational effort of, that institution or program if the State 

agency has developed, and the State educational agency has approved, a comprehensive plan for that institution or program that— 

(1) provides for a comprehensive assessment of the educational needs of all children and youth in the institution or 

program serving juveniles; 

(2) provides for a comprehensive assessment of the educational needs of youth aged 20 and younger in adult facilities 

who are expected to complete incarceration within a 2-year period; 

(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 State academic standards in order to improve the likelihood that the children and youth will complete 

secondary school, obtain a regular high school diploma or its 


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recognized equivalent, or find employment after leaving the institution; 

(4) describes the instructional program, 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); 

(5) specifically describes how such funds will be used; 

(6) describes the measures and procedures that will be used 

to assess and improve student achievement; 

(7) describes how the agency has planned, and will implement and evaluate, the institution-wide or program-wide project 

in consultation with personnel providing direct instructional 

services and support services in institutions or community day 

programs for neglected or delinquent children and youth, and 

with personnel from the State educational agency; and 

(8) includes an assurance that the State agency has provided 

for appropriate training for teachers and other instructional 

and administrative personnel to enable such teachers and personnel to carry out the project effectively. 

SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS. 

If a State agency operates a program or project under this chapter 

in which individual children or youth are likely to participate for 

more than one year, the State educational agency may approve the 

State agency’s application for a subgrant under this chapter for a 

period of not more than 3 years. 

SEC. 1158. 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 chapter for any fiscal year to support— 

(1) projects that facilitate the transition of children and youth 

from State-operated institutions to schools served by local educational agencies; or 

(2) the successful re-entry of youth offenders, who are age 20 

or younger and have received a regular high school diploma or 

its recognized equivalent, into postsecondary education, or career and technical training programs, through strategies designed to expose the youth to, and prepare the youth for, postsecondary education, or 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; 

(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, career and technical, and academic 

counseling; 


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(ii) placement services designed to place the youth in 

a university, college, or junior college program; 

(iii) information concerning, and assistance in obtaining, available student financial aid; 

(iv) counseling services; and 

(v) job placement services. 

(b) CONDUCT OF PROJECTS.—A project supported under this section may be conducted directly by the State agency, or through a 

contract or other arrangement with one or more local educational 

agencies, other public agencies, or private organizations. 

(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to prohibit a school that receives funds under subsection 

(a) from serving neglected and delinquent children and youth simultaneously with students with similar educational needs, in the same 

educational settings where appropriate. 

SEC. 1159. TECHNICAL ASSISTANCE. 

The Secretary shall reserve not more than 1 percent of the amount 

reserved under section 1141 to provide technical assistance to and 

support State agency programs assisted under this chapter. 

CHAPTER B—LOCAL AGENCY PROGRAMS 

SEC. 1161. PURPOSE. 

The purpose of this chapter is to support the operation of local 

educational agency programs that involve collaboration with locally 

operated correctional facilities— 

(1) to carry out high quality education programs to prepare 

children and youth for secondary school completion, training, 

employment, or further education; 

(2) to provide activities to facilitate the transition of such 

children and youth from the correctional program to further 

education or employment; and 

(3) to operate programs in local schools for children and 

youth returning from correctional facilities, and programs 

which may serve at-risk children and youth. 

SEC. 1162. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES. 

(a) LOCAL SUBGRANTS.—With funds made available under section 

1142(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). 

(b) SPECIAL RULE.—A local educational agency that serves a 

school operated by a correctional facility is not required to operate 

a program of support for children and youth returning from such 

school to a school that is not operated by a correctional agency but 

served by such local educational agency, if more than 30 percent of 

the children and youth attending the school operated by the correctional facility will reside outside the boundaries served by the local 

educational agency after leaving such facility. 

(c) NOTIFICATION.—A State educational agency shall notify local 

educational agencies within the State of the eligibility of such agencies to receive a subgrant under this chapter. 

(d) TRANSITIONAL AND ACADEMIC SERVICES.—Transitional and 

supportive programs operated in local educational agencies under 


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this chapter shall be designed primarily to meet the transitional 

and academic needs of students returning to local educational agencies or alternative education programs from correctional facilities. 

Services to students at-risk of dropping out of school shall not have 

a negative impact on meeting the transitional and academic needs 

of the students returning from correctional facilities. 

SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 

Each local educational agency desiring assistance under this 

chapter shall submit an application to the State educational agency 

that contains such information as the State educational agency may 

require. Each such application shall include— 

(1) a description of the program to be assisted; 

(2) a description of formal agreements, regarding the program 

to be assisted, between— 

(A) the local educational agency; and 

(B) correctional facilities and alternative school programs 

serving children and youth involved with the juvenile justice system; 

(3) as appropriate, a description of how participating schools 

will coordinate with facilities working with delinquent children 

and youth to ensure that such children and youth are participating in an education program comparable to one operating in 

the local school such youth would attend; 

(4) a description of the program operated by participating 

schools for children and youth returning from correctional facilities and, as appropriate, the types of services that such 

schools will provide such children and youth and other at-risk 

children and youth; 

(5) a description of the characteristics (including learning difficulties, substance abuse problems, and other needs) of the children and youth who will be returning from correctional facilities and, as appropriate, other at-risk children and youth expected to be served by the program, and a description of how 

the school will coordinate existing educational programs to meet 

the unique educational needs of such children and youth; 

(6) 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 facilities and atrisk 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; 

(7) as appropriate, a description of any partnerships with 

local businesses to develop training, curriculum-based youth entrepreneurship education, and mentoring services for participating students; 

(8) as appropriate, a description of how the program will involve parents 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; 

(9) a description of how the program under this chapter will 

be coordinated with other Federal, State, and local programs, 

such as programs under title I of Public Law 105–220 and caVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00330 Fmt 6659 Sfmt 6603 E:\HR\OC\HR458.XXX HR458

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reer and technical education programs serving at-risk children 

and youth; 

(10) a description of how the program will be coordinated 

with programs operated under the Juvenile Justice and Delinquency Prevention Act of 1974 and other comparable programs, 

if applicable; 

(11) as appropriate, a description of how schools will work 

with probation officers to assist in meeting the needs of children 

and youth returning from correctional facilities; 

(12) 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; and 

(13) 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 traditional public school program. 

SEC. 1164. USES OF FUNDS. 

Funds provided to local educational agencies under this chapter 

may be used, as appropriate, for— 

(1) programs that serve children and youth returning to local 

schools from correctional facilities, to assist in the transition of 

such children and youth to the school environment and help 

them remain in school in order to complete their education; 

(2) dropout prevention programs which serve at-risk children 

and youth; 

(3) the coordination of health and social services for such individuals if there is a likelihood that the provision of such services, including day care, drug and alcohol counseling, and mental health services, will improve the likelihood such individuals 

will complete their education; 

(4) special programs to meet the unique academic needs of 

participating children and youth, including career and technical education, special education, career counseling, curriculum-based youth entrepreneurship education, and assistance in securing student loans or grants for postsecondary education; and 

(5) programs providing mentoring and peer mediation. 

SEC. 1165. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES 

RECEIVING FUNDS UNDER THIS SECTION. 

Each correctional facility entering into an agreement with a local 

educational agency under section 1163(2) to provide services to children and youth under this chapter shall— 

(1) where feasible, ensure that educational programs in the 

correctional facility are coordinated with the student’s home 

school, particularly with respect to a student with an individualized education program under part B of the Individuals 

with Disabilities Education Act; 

(2) if the child or youth is identified as in need of special education services while in the correctional facility, notify the local 

school of the child or youth of such need; 

(3) where feasible, provide transition assistance to help the 

child or youth stay in school, including coordination of services 

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cohol abuse prevention programs, tutoring, and family counseling; 

(4) provide support programs that encourage children and 

youth who have dropped out of school to re-enter school and obtain a regular high school diploma once their term at the correctional facility has been completed, or provide such children 

and youth with the skills necessary to gain employment or seek 

a regular high school diploma or its recognized equivalent; 

(5) work to ensure that the correctional facility is staffed with 

effective teachers and other qualified staff who are trained to 

work with children and youth with disabilities taking into consideration the unique needs of such children and youth; 

(6) ensure that educational programs in the correctional facility are related to assisting students to meet the States’s academic standards; 

(7) to the extent possible, use technology to assist in coordinating educational programs between the correctional facility 

and the community school; 

(8) where feasible, involve parents in efforts to improve the 

educational achievement of their children and prevent the further involvement of such children in delinquent activities; 

(9) coordinate funds received under this chapter 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 career and technical 

education funds; 

(10) coordinate programs operated under this chapter with 

activities funded under the Juvenile Justice and Delinquency 

Prevention Act of 1974 and other comparable programs, if applicable; 

(11) if appropriate, work with local businesses to develop 

training, curriculum-based youth entrepreneurship education, 

and mentoring programs for children and youth; and 

(12) 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. 

SEC. 1166. ACCOUNTABILITY. 

The State educational agency— 

(1) may require correctional facilities or institutions for neglected or delinquent children and youth to demonstrate, after 

receiving assistance under this chapter for 3 years, that there 

has been an increase in the number of children and youth returning to school, obtaining a regular high school diploma or 

its recognized equivalent, or obtaining employment after such 

children and youth are released; and 

(2) may reduce or terminate funding for projects under this 

chapter if a local educational agency does not show progress in 

the number of children and youth obtaining a regular high 

school diploma or its recognized equivalent. 


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CHAPTER C—GENERAL PROVISIONS 

SEC. 1171. PROGRAM EVALUATIONS. 

(a) SCOPE OF EVALUATION.—Each State agency or local educational agency that conducts a program under chapters A or B 

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; 

(2) to accrue school credits that meet State requirements for 

grade promotion and high school graduation; 

(3) to make the transition to a regular program or other education program operated by a local educational agency; 

(4) to complete high school (or high school equivalency requirements) and obtain employment after leaving the correctional facility or institution for neglected or delinquent children 

and youth; and 

(5) as appropriate, to participate in postsecondary education 

and job training programs. 

(b) EXCEPTION.—The disaggregation required under subsection (a) 

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. 

(c) EVALUATION MEASURES.—In conducting each evaluation 

under subsection (a), a State agency or local educational agency 

shall use multiple and appropriate measures of student progress. 

(d) EVALUATION RESULTS.—Each State agency and local educational agency shall— 

(1) submit evaluation results to the State educational agency 

and the Secretary; and 

(2) use the results of evaluations under this section to plan 

and improve subsequent programs for participating children 

and youth. 

SEC. 1172. DEFINITIONS. 

In this subpart: 

(1) ADULT CORRECTIONAL INSTITUTION.—The term ‘‘adult correctional institution’’ means a facility in which persons (including persons under 21 years of age) are confined as a result of 

a conviction for a criminal offense. 

(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 

(B) 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, is an English learner, is 

a gang member, has dropped out of school in the past, or 

has a high absenteeism rate at school. 

(3) COMMUNITY DAY PROGRAM.—The term ‘‘community day 

program’’ means a regular program of instruction provided by 

a State agency at a community day school operated specifically 

for neglected or delinquent children and youth. 


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(4) INSTITUTION FOR NEGLECTED OR DELINQUENT CHILDREN

AND YOUTH.—The term ‘‘institution for neglected or delinquent 

children and youth’’ means— 

(A) a public or private residential facility, other than a 

foster home, that is operated for the care of children who 

have been committed to the institution or voluntarily placed 

in the institution under applicable State law, due to abandonment, neglect, or death of their parents or guardians; or 

(B) a public or private residential facility for the care of 

children who have been adjudicated to be delinquent or in 

need of supervision. 

Subpart 4—English Language Acquisition, Language Enhancement, and Academic Achievement 

SEC. 1181. PURPOSES. 

The purposes of this subpart are— 

(1) to help ensure that English learners, including immigrant 

children and youth, attain English proficiency and develop high 

levels of academic achievement in English; 

(2) to assist all English learners, including immigrant children and youth, to achieve at high levels in the core academic 

subjects so that those children can meet the same State academic standards that all children are expected to meet, consistent with section 1111(b)(1); 

(3) to assist State educational agencies, local educational 

agencies, and schools in establishing, implementing, and sustaining high-quality, flexible, evidence-based language instruction educational programs designed to assist in teaching 

English learners, including immigrant children and youth; 

(4) to assist State educational agencies and local educational 

agencies to develop and enhance their capacity to provide highquality, evidence-based instructional programs designed to prepare English learners, including immigrant children and 

youth, to enter all-English instruction settings; and 

(5) to promote parental and community participation in language instruction educational programs for the parents and 

communities of English learners. 

CHAPTER A—GRANTS AND SUBGRANTS FOR ENGLISH 

LANGUAGE ACQUISITION AND LANGUAGE ENHANCEMENT 

SEC. 1191. 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 1192, the Secretary shall reserve 4.4 percent of funds appropriated under section 3(a)(1) to 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 at least 95 percent of the State 


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educational agency’s allotment under subsection (c) for a fiscal 

year— 

(A) to award subgrants, from allocations under section 

1193, to eligible entities to carry out the activities described 

in section 1194 (other than subsection (e)); and 

(B) to award subgrants under section 1193(d)(1) to eligible entities that are described in that section to carry out 

the activities described in section 1194(e). 

(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 the following activities: 

(A) Professional development activities, and other activities, which may include assisting personnel in— 

(i) meeting State and local certification and licensing 

requirements for teaching English learners; and 

(ii) improving teacher skills in meeting the diverse 

needs of English learners, including in how to implement evidence-based programs and curricula on teaching English learners. 

(B) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in 

paragraph (1). 

(C) Providing technical assistance and other forms of assistance to eligible entities that are receiving subgrants 

from a State educational agency under this chapter, including assistance in— 

(i) identifying and implementing evidence-based language instruction educational programs and curricula 

for teaching English learners; 

(ii) helping English learners meet the same State 

academic standards that all children are expected to 

meet; 

(iii) identifying or developing, and implementing, 

measures of English proficiency; and 

(iv) strengthening and increasing parent, family, and 

community engagement. 

(D) Providing recognition, which may include providing 

financial awards, to subgrantees that have significantly improved the achievement and progress of English learners 

in— 

(i) reaching English language proficiency, based on 

the State’s English language proficiency assessment 

under section 1111(b)(2)(D); and 

(ii) meeting the State academic standards under section 1111(b)(1). 

(3) ADMINISTRATIVE EXPENSES.—From the amount reserved 

under paragraph (2), a State educational agency may use not 

more than 40 percent of such amount or $175,000, whichever is 

greater, for the planning and administrative costs of carrying 

out paragraphs (1) and (2). 

(c) RESERVATIONS AND ALLOTMENTS.— 

(1) RESERVATIONS.—From the amount reserved under section 

1191(a) for each fiscal year, the Secretary shall reserve— 


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(A) 0.5 percent of such amount for payments to outlying 

areas, to be allotted in accordance with their respective 

needs for assistance under this chapter, as determined by 

the Secretary, for activities, approved by the Secretary, consistent with this chapter; and 

(B) 6.5 percent of such amount for national activities 

under sections 1211 and 1222, except that not more than 

$2,000,000 of such amount may be reserved for the National Clearinghouse for English Language Acquisition and 

Language Instruction Educational Programs described in 

section 1222. 

(2) STATE ALLOTMENTS.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), from the amount reserved under section 1191(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 

1192(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 such children in all States, as determined by data available 

from the American Community Survey conducted by 

the Department of Commerce or State-reported data; 

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 

notice and opportunity for a hearing, determines does not 

satisfy the requirements of this chapter, 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) for each fiscal year, the Secretary 

shall determine the number of English learners in a State and 

in all States, using the most accurate, up-to-date data, which 

shall be— 

(A) data from the American Community Survey conducted by the Department of Commerce, which may be 

multiyear estimates; 


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(B) the number of students being assessed for English 

language proficiency, based on the State’s English language 

proficiency assessment under section 1111(b)(2)(D), which 

may be multiyear estimates; or 

(C) a combination of data available under subparagraphs (A) and (B). 

SEC. 1192. STATE EDUCATIONAL AGENCY PLANS. 

(a) PLAN REQUIRED.—Each State educational agency desiring a 

grant under this chapter shall submit a plan to the Secretary at 

such time and in such manner 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 section 1193(d)(1); 

(2) provide an assurance that— 

(A) the agency will ensure that eligible entities receiving 

a subgrant under this chapter comply with the requirement 

in section 1111(b)(2)(B)(x) to annually assess in English 

learners who have been in the United States for 3 or more 

consecutive years; 

(B) the agency will ensure that eligible entities receiving 

a subgrant under this chapter annually assess the English 

proficiency of all English learners participating in a program funded under this chapter, consistent with section 

1111(b)(2)(D); 

(C) in awarding subgrants under section 1193, the agency will address the needs of school systems of all sizes and 

in all geographic areas, including school systems with 

rural and urban schools; 

(D) subgrants to eligible entities under section 1193(d)(1) 

will be of sufficient size and scope to allow such entities to 

carry out high-quality, evidence-based language instruction 

educational programs for English learners; 

(E) the agency will require an eligible entity receiving a 

subgrant under this chapter to use the subgrant in ways 

that will build such recipient’s capacity to continue to offer 

high-quality evidence-based language instruction educational programs that assist English learners in meeting 

State academic standards; 

(F) the agency will monitor the eligible entity receiving a 

subgrant under this chapter for compliance with applicable 

Federal fiscal requirements; and 

(G) the plan has been developed in consultation with 

local educational agencies, teachers, administrators of programs implemented under this chapter, parents, and other 

relevant stakeholders; 

(3) describe how the agency will coordinate its programs and 

activities under this chapter with other programs and activities 

under this Act and other Acts, as appropriate; 

(4) describe how eligible entities in the State will be given the 

flexibility to teach English learners— 

(A) using a high-quality, evidence-based language instruction curriculum for teaching English learners; and 

(B) in the manner the eligible entities determine to be the 

most effective; and 


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(5) describe how the agency will assist eligible entities in increasing the number of English learners who acquire English 

proficiency. 

(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. 

(d) DURATION OF PLAN.— (1) IN GENERAL.—Each plan submitted by a State educational 

agency and approved under subsection (c) shall— 

(A) remain in effect for the duration of the agency’s participation under this chapter; and 

(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 subpart. 

(2) ADDITIONAL INFORMATION.— (A) AMENDMENTS.—If the State educational agency 

amends the plan, the agency shall submit such amendment 

to the Secretary. 

(B) APPROVAL.—The Secretary shall approve such 

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 

subpart. 

(e) CONSOLIDATED PLAN.—A plan submitted under subsection (a) 

may be submitted as part of a consolidated plan under section 5302. 

(f) SECRETARY ASSISTANCE.—The Secretary shall provide technical assistance, if requested, in the development of English proficiency standards and assessments. 

SEC. 1193. WITHIN-STATE ALLOCATIONS. 

(a) IN GENERAL.—After making the reservation required under 

subsection (d)(1), each State educational agency receiving a grant 

under section 1191(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 1195 an amount that bears 

the same relationship to the amount received under the grant and 

remaining after making such reservation as the population of 

English learners in schools served by the eligible entity bears to the 

population of English learners in schools served by all eligible entities in the State. 

(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 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. 

(d) REQUIRED RESERVATION.—A State educational agency receiving a grant under this chapter for a fiscal year— 

(1) shall reserve not more than 15 percent of the agency’s allotment under section 1191(c)(2) to award subgrants to eligible 

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crease, 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 

(2) in awarding subgrants under paragraph (1)— 

(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 

(B) shall consider the quality of each local plan under 

section 1195 and ensure that each subgrant is of sufficient 

size and scope to meet the purposes of this subpart. 

SEC. 1194. 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 chapter only if the entity agrees to expend the 

funds to improve the education of English learners, by assisting the 

children to learn English and meet State academic standards. In 

carrying out activities with such funds, the eligible entity shall use 

evidence-based approaches and methodologies for teaching English 

learners and immigrant children and youth for the following purposes: 

(1) Developing and implementing new language instruction 

educational programs and academic content instruction programs for English learners and immigrant children and youth, 

including programs of early childhood education, elementary 

school programs, and secondary school programs. 

(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, schoolwide 

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 1193(a) for a fiscal year shall use not more 

than 2 percent of such funds for the cost of administering this chapter. 

(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligible entity receiving funds under section 1193(a) shall use the funds— 

(1) to increase the English language proficiency of English 

learners by providing high-quality, evidence-based language instruction educational programs that meet the needs of English 

learners and have demonstrated success in increasing— 


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(A) English language proficiency; and 

(B) student academic achievement in the core academic 

subjects; 

(2) to provide high-quality, evidence-based professional development to classroom teachers (including teachers in classroom 

settings that are not the settings of language instruction educational programs), school leaders, administrators, and other 

school or community-based organization personnel, that is— 

(A) designed to improve the instruction and assessment of 

English learners; 

(B) designed to enhance the ability of teachers and school 

leaders to understand and implement curricula, assessment 

practices and measures, and instruction strategies for 

English learners; 

(C) evidence-based in increasing children’s English language proficiency or substantially increasing the subject 

matter knowledge, teaching knowledge, and teaching skills 

of teachers; and 

(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, as appropriate; and 

(3) to provide and implement other evidence-based activities 

and strategies that enhance or supplement language instruction 

educational programs for English learners, including parental 

and community engagement activities and strategies that serve 

to coordinate and align related programs. 

(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Subject to subsection 

(c), an eligible entity receiving funds under section 1193(a) may use 

the funds to achieve one of the purposes described in subsection (a) 

by undertaking one or more of the following activities: 

(1) Upgrading program objectives and effective instruction 

strategies. 

(2) Improving the instruction program for English learners by 

identifying, acquiring, and upgrading curricula, instruction 

materials, educational software, and assessment procedures. 

(3) Providing to English learners— 

(A) tutorials and academic or career education for 

English learners; and 

(B) intensified instruction. 

(4) Developing and implementing elementary school or secondary school language instruction educational programs that 

are coordinated with other relevant programs and services. 

(5) Improving the English language proficiency and academic 

achievement of English learners. 

(6) Providing community participation programs, family literacy services, and parent outreach and training activities to 

English learners and their families— 


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(A) to improve the English language skills of English 

learners; and 

(B) to assist parents in helping their children to improve 

their academic achievement and becoming active participants in the education of their children. 

(7) Improving the instruction of English learners by providing 

for— 

(A) the acquisition or development of educational technology or instructional materials; 

(B) access to, and participation in, electronic networks for 

materials, training, and communication; and 

(C) incorporation of the resources described in subparagraphs (A) and (B) into curricula and programs, such as 

those funded under this chapter. 

(8) Carrying out other activities that are consistent with the 

purposes of this section. 

(e) ACTIVITIES BY AGENCIES EXPERIENCING SUBSTANTIAL IN- CREASES IN IMMIGRANT CHILDREN AND YOUTH.— (1) IN GENERAL.—An eligible entity receiving funds under section 1193(d)(1) shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth, which may include— 

(A) family literacy, parent outreach, and training activities designed to assist parents to become active participants 

in the education of their children; 

(B) support for personnel, including paraprofessionals 

who have been specifically trained, or are being trained, to 

provide services to immigrant children and youth; 

(C) provision of tutorials, mentoring, and academic or career counseling for immigrant children and youth; 

(D) identification, development, and acquisition of curricular materials, educational software, and technologies to 

be used in the program carried out with awarded funds; 

(E) basic instruction 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, 

costs of transportation, or such other costs as are directly 

attributable to such additional basic instruction services; 

(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 

(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. 

(2) DURATION OF SUBGRANTS.—The duration of a subgrant 

made by a State educational agency under section 1193(d)(1) 

shall be determined by the agency in its discretion. 

(f) SELECTION OF METHOD OF INSTRUCTION.— 

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lect one or more methods or forms of instruction to be used in 

the programs and activities undertaken by the entity to assist 

English learners to attain English language proficiency and 

meet State academic standards. 

(2) CONSISTENCY.—Such selection shall be consistent with 

sections 1204 through 1206. 

(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds made available 

under this chapter 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. 1195. LOCAL PLANS. 

(a) PLAN REQUIRED.—Each eligible entity desiring a subgrant 

from the State educational agency under section 1193 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) shall— 

(1) describe the evidence-based programs and activities proposed to be developed, implemented, and administered under 

the subgrant that will help English learners increase their 

English language proficiency and meet the State academic 

standards; 

(2) describe how the eligible entity will hold elementary 

schools and secondary schools receiving funds under this chapter accountable for annually assessing the English language 

proficiency of all children participating under this subpart, consistent with section 1111(b); 

(3) describe how the eligible entity will promote parent and 

community engagement in the education of English learners; 

(4) contain an assurance that the eligible entity consulted 

with teachers, researchers, school administrators, parents and 

community members, public or private organizations, and institutions of higher education, in developing and implementing 

such plan; 

(5) describe how language instruction educational programs 

carried out under the subgrant will ensure that English learners being served by the programs develop English language proficiency; and 

(6) contain assurances that— 

(A) each local educational agency that is included in the 

eligible entity is complying with section 1112(g) prior to, 

and throughout, each school year; and 

(B) the eligible entity is not in violation of any State law, 

including State constitutional law, regarding the education 

of English learners, consistent with sections 1205 and 1206. 

(c) TEACHER ENGLISH FLUENCY.—Each eligible entity receiving a 

subgrant under section 1193 shall include in its plan a certification 

that all teachers in any language instruction educational program 

for English learners that is, or will be, funded under this subpart 

are fluent in English and any other language used for instruction, 

including having written and oral communications skills. 


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CHAPTER B—ADMINISTRATION 

SEC. 1201. REPORTING. 

(a) IN GENERAL.—Each eligible entity that receives a subgrant 

from a State educational agency under chapter A shall provide such 

agency, at the conclusion of every second fiscal year during which 

the subgrant is received, with a report, in a form prescribed by the 

agency, on the activities conducted and students served under this 

subpart that includes— 

(1) a description of the programs and activities conducted by 

the entity with funds received under chapter A during the two 

immediately preceding fiscal years, including how such programs and activities supplemented programs funded primarily 

with State or local funds; 

(2) a description of the progress made by English learners in 

learning the English language and in meeting State academic 

standards; 

(3) the number and percentage of English learners in the programs and activities attaining English language proficiency 

based on the State English language proficiency standards established under section 1111(b)(1)(E) by the end of each school 

year, as determined by the State’s English language proficiency 

assessment under section 1111(b)(2)(D); 

(4) the number of English learners who exit the language instruction educational programs based on their attainment of 

English language proficiency and transitioned to classrooms 

not tailored for English learners; 

(5) a description of the progress made by English learners in 

meeting the State academic standards for each of the 2 years 

after such children are no longer receiving services under this 

subpart; 

(6) the number and percentage of English learners who have 

not attained English language proficiency within five years of 

initial classification as an English learner and first enrollment 

in the local educational agency; and 

(7) any such other information as the State educational agency may require. 

(b) USE OF REPORT.—A report provided by an eligible entity 

under subsection (a) shall be used by the entity and the State educational agency— 

(1) to determine the effectiveness of programs and activities in 

assisting children who are English learners— 

(A) to attain English language proficiency; and 

(B) to make progress in meeting State academic standards under section 1111(b)(1); and 

(2) upon determining the effectiveness of programs and activities based on the criteria in paragraph (1), to decide how to improve programs. 

SEC. 1202. ANNUAL REPORT. 

(a) STATES.—Based upon the reports provided to a State educational agency under section 1201, each such agency that receives 

a grant under this subpart shall prepare and submit annually to 

the Secretary a report on programs and activities carried out by the 

State educational agency under this subpart and the effectiveness of 


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such programs and activities in improving the education provided 

to English learners. 

(b) SECRETARY.—Annually, 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— 

(1) on programs and activities carried out to serve English 

learners under this subpart, and the effectiveness of such programs and activities in improving the academic achievement 

and English language proficiency of English learners; 

(2) on the types of language instruction educational programs 

used by local educational agencies or eligible entities receiving 

funding under this subpart to teach English learners; 

(3) containing a critical synthesis of data reported by eligible 

entities to States under section 1201(a); 

(4) containing a description of technical assistance and other 

assistance provided by State educational agencies under section 

1191(b)(2)(C); 

(5) containing an estimate of the number of effective 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) 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; 

(7) containing the number of English learners served by eligible entities receiving funding under this subpart who were 

transitioned out of language instruction educational programs 

funded under this subpart into classrooms where instruction is 

not tailored for English learners; and 

(8) containing other information gathered from other reports 

submitted to the Secretary under this subpart when applicable. 

SEC. 1203. 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. 1204. RULES OF CONSTRUCTION. 

Nothing in this subpart 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; or 

(3) to limit the preservation or use of Native American languages. 

SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW. 

Nothing in this subpart shall be construed to negate or supersede 

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cy, State entity, or State public official, over programs that are 

under the jurisdiction of the State agency, entity, or official. 

SEC. 1206. CIVIL RIGHTS. 

Nothing in this subpart shall be construed in a manner inconsistent with any Federal law guaranteeing a civil right. 

SEC. 1207. PROHIBITION. 

In carrying out this subpart, the Secretary shall neither mandate 

nor preclude the use of a particular curricular or pedagogical approach to educating English learners. 

SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO. 

Notwithstanding any other provision of this subpart, 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. 

CHAPTER C—NATIONAL ACTIVITIES 

SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT. 

The Secretary shall use funds made available under section 

1191(c)(1)(B) to award grants on a competitive basis, for a period 

of not more than 5 years, to institutions of higher education or public or private organizations with relevant experience and capacity 

(in consortia with State educational agencies or local educational 

agencies) to provide for professional development activities that will 

improve classroom instruction for English learners and assist educational personnel working with such children to meet high professional standards, including standards for certification and licensure as teachers who work in language instruction educational programs or serve English learners. Grants awarded under this subsection may be used— 

(1) for preservice, evidence-based 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; 

(2) for the development of curricula or other instructional 

strategies appropriate to the needs of the consortia participants 

involved; 

(3) to support strategies that strengthen and increase parent 

and community member engagement in the education of 

English learners; and 

(4) to share and disseminate evidence-based practices in the 

instruction of English learners and in increasing their student 

achievement. 

CHAPTER D—GENERAL PROVISIONS 

SEC. 1221. DEFINITIONS. 

Except as otherwise provided, in this subpart: 


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(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. 

Such term includes a Native Hawaiian or Native American Pacific Islander native language educational organization. 

(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) one or more local educational agencies; or 

(B) one or more local educational agencies, in consortia 

(or collaboration) with an institution of higher education, 

community-based organization, or State educational agency. 

(4) IMMIGRANT CHILDREN AND YOUTH.—The term ‘‘immigrant 

children and youth’’ means individuals who— 

(A) are age 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 for more than 3 full academic years. 

(5) 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. 

(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 language proficiency, 

while meeting State academic standards, as required by 

section 1111(b)(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 language proficiency, and may include the 

participation of English language proficient children if 

such course is designed to enable all participating children 

to become proficient in English and a second language. 

(7) 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. 

(8) NATIVE LANGUAGE.—The term ‘‘native language’’, when 

used with reference to 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 


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instruction educational programs, special education, and migratory education. 

(10) STATE.—The term ‘‘State’’ means each of the 50 States, 

the District of Columbia, and the Commonwealth of Puerto 

Rico. 

SEC. 1222. NATIONAL CLEARINGHOUSE. 

The 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 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 federally funded language instruction educational programs; and 

(4) collect and disseminate information on— 

(A) educational research and processes related to the education of English learners; and 

(B) accountability systems that monitor the academic 

progress of English learners in language instruction educational programs, including information on academic content and English language proficiency assessments for language instruction educational programs; and 

(5) publish, on an annual basis, a list of grant recipients 

under this subpart. 

SEC. 1223. REGULATIONS. 

In developing regulations under this subpart, 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. 

Subpart 5—Rural Education Achievement 

Program 

SEC. 1230. PURPOSE. 

It is the purpose of this subpart to address the unique needs of 

rural school districts that frequently— 

(1) lack the personnel and resources needed to compete effectively for Federal competitive grants; and 

(2) receive formula grant allocations in amounts too small to 

be effective in meeting their intended purposes. 


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CHAPTER A—SMALL, RURAL SCHOOL ACHIEVEMENT 

PROGRAM 

SEC. 1231. GRANT PROGRAM AUTHORIZED. 

(a) IN GENERAL.—From amounts appropriated under section 

3(a)(1) for a fiscal year, the Secretary shall reserve .55 of one percent to award grants to eligible local educational agencies to enable 

the local educational agencies to carry out activities authorized 

under any of the following provisions: 

(1) Part A of title I. 

(2) Title II. 

(3) Title III. 

(b) ALLOCATION.— 

(1) IN GENERAL.—Except as provided in paragraph (3), the 

Secretary shall award a grant under subsection (a) to a local 

educational agency eligible under 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 in subpart 2 of part A of title II for the 

preceding fiscal year. 

(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. 

(3) RATABLE ADJUSTMENT.— 

(A) IN GENERAL.—If the amount made available to carry 

out this section for any fiscal year is not sufficient to pay 

in full the amounts that local educational agencies are eligible to receive under paragraph (1) for such year, the Secretary shall ratably reduce such amounts for such year. 

(B) ADDITIONAL AMOUNTS.—If additional funds become 

available for making payments under paragraph (1) for 

such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such 

payments were reduced. 

(c) DISBURSEMENT.—The Secretary shall disburse the funds 

awarded to a local educational agency under this section for a fiscal 

year not later than July 1 of that fiscal year. 

(d) ELIGIBILITY.— 

(1) IN GENERAL.—A local educational agency shall be eligible 

to use the applicable funding in accordance with subsection (a) 

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; or 

(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 

(ii) all of the schools served by the local educational 

agency are designated with a school locale code of 41, 42, 

or 43, as determined by the Secretary; or 

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graph (2), grants the local educational agency’s request to 

waive the criteria described in subparagraph (A)(ii). 

(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. 

(3) HOLD HARMLESS.—For a local educational agency that is 

not eligible under this chapter but met the eligibility requirements under this subsection as it was in effect prior to the date 

of the enactment of the Student Success Act, the agency shall 

receive— 

(A) for fiscal year 2013, 75 percent of the amount such 

agency received for fiscal year 2012; 

(B) for fiscal year 2014, 50 percent of the amount such 

agency received for fiscal year 2012; and 

(C) for fiscal year 2015, 25 percent of the amount such 

agency received for fiscal year 2012. 

(e) SPECIAL ELIGIBILITY RULE.—A local educational agency that 

receives a grant under this chapter for a fiscal year is not eligible 

to receive funds for such fiscal year under chapter B. 

CHAPTER B—RURAL AND LOW-INCOME SCHOOL 

PROGRAM 

SEC. 1235. PROGRAM AUTHORIZED. 

(a) GRANTS TO STATES.— (1) IN GENERAL.—From amounts appropriated under section 

3(a)(1) for a fiscal year, the Secretary shall reserve .55 of one 

percent to for this chapter for a fiscal year that are not reserved 

under subsection (c) to award grants (from allotments made 

under paragraph (2)) for the fiscal year to State educational 

agencies that have applications submitted under section 1237 

approved to enable the State educational agencies to award 

grants to eligible local educational agencies for local authorized 

activities described in section 1236(a). 

(2) ALLOTMENT.—From amounts described in paragraph (1) 

for a fiscal year, the Secretary shall allot to each State educational agency for that fiscal year an amount that bears the 

same ratio to those amounts as the number of students in average daily attendance served by eligible local educational agencies in the State for that fiscal year bears to the number of all 

such students served by eligible local educational agencies in 

all States for that fiscal year. 

(3) SPECIALLY QUALIFIED AGENCIES.— (A) ELIGIBILITY AND APPLICATION.—If a State educational 

agency elects not to participate in the program under this 

subpart or does not have an application submitted under 

section 1237 approved, a specially qualified agency in such 

State desiring a grant under this subpart may submit an 

application under such section directly to the Secretary to 

receive an award under this subpart. 

(B) DIRECT AWARDS.—The Secretary may award, on a 

competitive basis or by formula, the amount the State educational agency is eligible to receive under paragraph (2) 


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directly to a specially qualified agency in the State that has 

submitted an application in accordance with subparagraph 

(A) and obtained approval of the application. 

(C) SPECIALLY QUALIFIED AGENCY DEFINED.—In this subpart, the term ‘‘specially qualified agency’’ means an eligible local educational agency served by a State educational 

agency that does not participate in a program under this 

subpart in a fiscal year, that may apply directly to the Secretary for a grant in such year under this subsection. 

(b) LOCAL AWARDS.— 

(1) ELIGIBILITY.—A local educational agency shall be eligible 

to receive a grant under this subpart if— 

(A) 20 percent or more of the children ages 5 through 17 

years served by the local educational agency are from families with incomes below the poverty line; and 

(B) all of the schools served by the agency are designated 

with a school locale code of 32, 33, 41, 42, 43, as determined by the Secretary. 

(2) AWARD BASIS.—A State educational agency shall award 

grants to eligible local educational agencies— 

(A) on a competitive basis; 

(B) according to a formula based on the number of students in average daily attendance served by the eligible 

local educational agencies or schools in the State; or 

(C) according to an alternative formula, if, prior to 

awarding the grants, the State educational agency demonstrates, to the satisfaction of the Secretary, that the alternative formula enables the State educational agency to allot 

the grant funds in a manner that serves equal or greater 

concentrations of children from families with incomes 

below the poverty line, relative to the concentrations that 

would be served if the State educational agency used the 

formula described in subparagraph (B). 

(c) RESERVATIONS.—From amounts reserved under section 

1235(a)(1) for this chapter 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 Bureau of Indian Education, to carry out the activities authorized 

under this chapter; and 

(2) one-half of 1 percent to make awards to the outlying areas 

in accordance with their respective needs, to carry out the activities authorized under this chapter. 

SEC. 1236. USES OF FUNDS. 

(a) LOCAL AWARDS.—Grant funds awarded to local educational 

agencies under this chapter shall be used for activities authorized 

under any of the following: 

(1) Part A of title I. 

(2) Title II. 

(3) Title III. 

(b) ADMINISTRATIVE COSTS.—A State educational agency receiving 

a grant under this chapter may not use more than 5 percent of the 

amount of the grant for State administrative costs and to provide 

technical assistance to eligible local educational agencies. 


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SEC. 1237. APPLICATIONS. 

(a) IN GENERAL.—Each State educational agency or specially 

qualified agency desiring to receive a grant under this chapter shall 

submit an application to the Secretary at such time and in such 

manner as the Secretary may require. 

(b) CONTENTS.—Each application submitted under subsection (a) 

shall include— 

(1) a description of how the State educational agency or specially qualified agency will ensure eligible local educational 

agencies receiving a grant under this chapter will use such 

funds to help students meet the State academic standards 

under section 1111(b)(1); 

(2) if the State educational agency or specially qualified agency will competitively award grants to eligible local educational 

agencies, as described in section 1235(b)(2)(A), the application 

under the section shall include— 

(A) the methods and criteria the State educational agency 

or specially qualified agency will use for reviewing applications and awards funds to local educational agencies on a 

competitive basis; and 

(B) how the State educational agency or specially qualified agency will notify eligible local educational agencies of 

the grant competition; and 

(3) a description of how the State educational agency or specially qualified agency will provide technical assistance to eligible local educational agencies to help such agencies implement 

the activities described in section 1236(a). 

SEC. 1238. ACCOUNTABILITY. 

(a) STATE REPORT.—Each State educational agency or specially 

qualified agency that receives a grant under this chapter shall prepare and submit an annual report to the Secretary. The report shall 

describe— 

(1) the methods and criteria the State educational agency or 

specially qualified agency used to award grants to eligible local 

educational agencies, and to provide assistance to schools, 

under this chapter; 

(2) how local educational agencies and schools used funds 

provided under this chapter; and 

(3) the degree to which progress has been made toward having all students meet the State academic standards under section 1111(b)(1). 

(b) REPORT TO CONGRESS.—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 biennial report. The report shall describe— 

(1) how State local educational agencies, local educational 

agencies, and schools used funds provided under this chapter; 

and 

(2) the degree to which progress has been made toward having all students meet the State academic standards under section 1111(b)(1). 


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SEC. 1239. CHOICE OF PARTICIPATION. 

(a) IN GENERAL.—If a local educational agency is eligible for 

funding under chapters A and B of this subpart, such local educational agency may receive funds under either chapter A or chapter 

B for a fiscal year, but may not receive funds under both chapters. 

(b) NOTIFICATION.—A local educational agency eligible for both 

chapters A and B of this subpart shall notify the Secretary and the 

State educational agency under which of such chapters such local 

educational agency intends to receive funds for a fiscal year by a 

date that is established by the Secretary for the notification. 

CHAPTER C—GENERAL PROVISIONS 

SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION. 

(a) CENSUS DETERMINATION.—Each local educational agency desiring a grant under section 1231 and each local educational agency 

or specially qualified agency desiring a grant under chapter B 

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 under section 1231 or chapter B, then the agency shall 

be fined an amount equal to twice the difference between the 

amount the agency received under this section and the correct 

amount the agency would have received under section 1231 or chapter B if the agency had submitted accurate information under subsection (a). 

SEC. 1242. SUPPLEMENT, NOT SUPPLANT. 

Funds made available under chapter A or chapter B shall be used 

to supplement, and not supplant, any other Federal, State, or local 

education funds. 

SEC. 1243. RULE OF CONSTRUCTION. 

Nothing in this subpart 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 subpart. 

Subpart 6—Indian Education 

SEC. 1251. STATEMENT OF POLICY. 

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

Federal Government will continue to work with local educational 


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agencies, Indian tribes and organizations, postsecondary institutions, and other entities toward the goal of ensuring that programs 

that serve Indian children are of the highest quality and provide for 

not only the basic elementary and secondary educational needs, but 

also the unique educational and culturally related academic needs 

of these children. 

SEC. 1252. 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— 

(1) to meet the unique educational and culturally related academic needs of American Indian and Alaska Native students, 

so that such students can meet the State academic standards 

that all students are expected to meet; and 

(2) to ensure that school leaders, teachers, and other staff who 

serve Indian and Alaska Native students have the ability and 

training to provide appropriate instruction to meet the unique 

academic needs of such students. 

CHAPTER A—FORMULA GRANTS TO LOCAL 

EDUCATIONAL AGENCIES 

SEC. 1261. PURPOSE. 

It is the purpose of this chapter 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 are designed to— 

(1) meet the unique educational needs of such students; and 

(2) ensure that such students have the opportunity to meet the 

State academic standards. 

SEC. 1262. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES. 

(a) IN GENERAL.—From amounts appropriated under section 

3(a)(1), the Secretary shall reserve .6 of one percent to local educational agencies and Indian tribes in accordance with this section 

and section 1263. 

(b) LOCAL EDUCATIONAL AGENCIES.— 

(1) ENROLLMENT REQUIREMENTS.—A local educational agency 

shall be eligible for a grant under this chapter for any fiscal 

year if the number of Indian children eligible under section 

1267 who were enrolled in the schools of the agency, and to 

whom the agency provided free public education, during the 

preceding fiscal year— 

(A) was at least 10; or 

(B) constituted not less than 25 percent of the total number of individuals enrolled in the schools of such agency. 

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

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

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

Indian reservation. 

(c) INDIAN TRIBES.— 

(1) IN GENERAL.—If a local educational agency that is otherwise eligible for a grant under this chapter does not establish 

a committee under section 1264(c)(4) for such grant, an Indian 

tribe or a consortium of such entities that represents not less 


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than 1⁄3 of the eligible Indian children who are served by such 

local educational agency may apply for such grant. 

(2) SPECIAL RULE.—The Secretary shall treat each Indian 

tribe or consortium of such entities applying for a grant pursuant to paragraph (1) as if such Indian tribe were a local educational agency for purposes of this chapter, except that any 

such tribe is not subject to section 1264(c)(4) or section 1269. 

(3) ELIGIBILITY.—If more than 1 Indian tribe qualifies to 

apply for a grant under paragraph (1), the entity that represents the most eligible Indian children who are served by the 

local educational agency shall be eligible to receive the grant or 

the tribes may choose to apply in consortium. 

SEC. 1263. AMOUNT OF GRANTS. 

(a) AMOUNT OF GRANT AWARDS.— 

(1) IN GENERAL.—Except as provided in subsection (b) and 

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

chapter an amount equal to the product of— 

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

section 1267 and served by such agency; and 

(B) the greater of— 

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

which such agency is located; or 

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

all the States. 

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

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

(b) MINIMUM GRANT.— 

(1) IN GENERAL.—Notwithstanding subsection (e), an entity 

that is eligible for a grant under section 1262, and a school that 

is operated or supported by the Bureau of Indian Education 

that is eligible for a grant under subsection (d), that submits 

an application that is approved by the Secretary, shall, subject 

to appropriations, receive a grant under this chapter in an 

amount that is not less than $3,000. 

(2) CONSORTIA.—Local educational agencies may form a consortium with other local educational agencies or Indian tribes 

for the purpose of obtaining grants under this chapter. 

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

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

grantees if the Secretary determines such an increase is necessary to ensure the quality of the programs provided. 

(c) DEFINITION.—For the purpose of this section, the term ‘‘average 

per pupil expenditure’’, used with respect to a State, means an 

amount equal to— 

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

local educational agencies in the State, plus any direct current 

expenditures by the State for the operation of such agencies, 

without regard to the sources of funds from which such local or 

State expenditures were made, during the second fiscal year 

preceding the fiscal year for which the computation is made; divided by 


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

average daily attendance for whom such agencies provided free 

public education during such preceding fiscal year. 

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

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

grants awarded under subsection (a), the Secretary shall allocate to the Secretary of the Interior an amount equal to the 

product of— 

(A) the total number of Indian children enrolled in 

schools that are operated by— 

(i) the Bureau of Indian Education; or 

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

sanctioned by an Indian tribal government, for the 

children of that tribe under a contract with, or grant 

from, the Department of the Interior under the Indian 

Self-Determination Act or the Tribally Controlled 

Schools Act of 1988; and 

(B) the greater of— 

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

which the school is located; or 

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

all the States. 

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

that wishes to receive an allocation under this chapter shall 

submit an application in accordance with section 1264, and 

shall otherwise be treated as a local educational agency for the 

purpose of this chapter, except that such school shall not be subject to section 1264(c)(4) or section 1269. 

(e) RATABLE REDUCTIONS.—If the sums reserved for any fiscal 

year under section 1262(a) 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. 1264. APPLICATIONS. 

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

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

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

by the local educational agency, including the language and cultural needs of the children, that— 

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

needs of American Indian and Alaska Native students; 

(2)(A) is aligned with and supports the State and local plans 

submitted under other provisions of this Act; and 

(B) includes academic standards for such children that are 

based on the State academic standards adopted under subpart 

1 for all children; 

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

funds made available under this chapter to supplement other 


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Federal, State, and local programs, especially programs carried 

out under subpart 1, to meet the needs of such students; 

(4) demonstrates how funds made available under this chapter will be used for activities described in section 1265; 

(5) describes the professional development opportunities that 

will be provided, as needed, to ensure that— 

(A) teachers, school leaders, and other school professionals who are new to the Indian community are prepared 

to work with Indian children; and 

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

carry out such programs; and 

(6) describes how the local educational agency— 

(A) will periodically assess the progress of all Indian 

children enrolled in the schools of the local educational 

agency, including Indian children who do not participate 

in programs assisted under this chapter, in meeting the 

standards described in paragraph (2); 

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

in subparagraph (A) to— 

(i) the committee described in subsection (c)(4); and 

(ii) the community, including 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); and 

(7) describes the processes the local educational agency used 

to collaborate with Indian tribes in the community in the development of the comprehensive programs. 

(c) ASSURANCES.—Each application submitted under subsection 

(a) shall include assurances that— 

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

this chapter only to supplement the funds that, in the absence 

of the Federal funds made available under this chapter, such 

agency would make available for the education of Indian children, and not to supplant such funds; 

(2) the local educational agency will prepare and submit to 

the Secretary such reports in such form as the Secretary may 

require to— 

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

chapter; and 

(B) determine the extent to which activities carried out 

with funds provided to the local educational agency under 

this chapter are effective in improving the educational 

achievement of Indian students served by such agency; 

(3) the program for which assistance is sought— 

(A) is based on a comprehensive local assessment and 

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

Native students for whom the local educational agency is 

providing an education; 

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


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(C) was developed by such agency in open consultation 

with parents of Indian children and teachers, 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; and 

(4) the local educational agency developed the program with 

the participation and written approval of a committee— 

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

(i) parents of Indian children in the local educational agency’s schools; 

(ii) teachers in the schools; and 

(iii) if appropriate, Indian students attending secondary schools of the agency; 

(B) a majority of whose members are parents of Indian 

children; 

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

personnel, as will ensure that the program for which assistance is sought will be operated and evaluated in consultation with, and with the involvement of, parents of the children, and representatives of the area, to be served; 

(D) with respect to an application describing a 

schoolwide program in accordance with section 1265(c), 

that has— 

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

(ii) determined that the program will not diminish 

the availability of culturally related activities for 

American Indian and Alaska Native students; and 

(E) that has adopted reasonable bylaws for the conduct 

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

SEC. 1265. AUTHORIZED SERVICES AND ACTIVITIES. 

(a) GENERAL REQUIREMENTS.—Each local educational agency 

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

in a manner consistent with the purpose specified in section 1261, 

for services and activities that— 

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

the local educational agency for Indian students, and described 

in the application of the local educational agency submitted to 

the Secretary under section 1264(a); 

(2) are designed with special regard for the language and cultural needs of the Indian students; and 

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

agency. 

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

to in subsection (a) may include— 

(1) culturally related activities that support the program described in the application submitted by the local educational 

agency; 

(2) early childhood and family programs that emphasize 

school readiness; 


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(3) enrichment programs that focus on problem solving and 

cognitive skills development and directly support the attainment 

of State academic standards; 

(4) integrated educational services in combination with other 

programs that meet the needs of Indian children and their families; 

(5) programs that help engage parents and tribes to meet the 

unique educational needs of Indian children; 

(6) career preparation activities to enable Indian students to 

participate in programs such as the programs supported by the 

Carl D. Perkins Career and Technical Education Act of 2006; 

(7) activities to educate individuals concerning the prevention 

of substance abuse, violence, and suicide; 

(8) the acquisition of equipment, but only if the acquisition of 

the equipment is essential to achieve the purpose described in 

section 1261; 

(9) activities that promote the incorporation of culturally responsive teaching and learning strategies into the educational 

program of the local educational agency; 

(10) activities that incorporate American Indian and Alaska 

Native specific curriculum content, consistent with State academic standards into the curriculum used by the local educational agency; 

(11) family literacy services; and 

(12) activities that recognize and support the unique cultural 

and educational needs of Indian children, and incorporate appropriately qualified tribal elders and seniors. 

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

(1) the committee established pursuant to section 1264(c)(4) 

approves the use of the funds for the schoolwide program; and 

(2) the schoolwide program is consistent with the purpose described in section 1261. 

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

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

any fiscal year may be used for administrative purposes. 

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

under this chapter may not be used for long-distance travel expenses 

for training activities available locally or regionally. 

SEC. 1266. INTEGRATION OF SERVICES AUTHORIZED. 

(a) PLAN.—An entity receiving funds under this chapter may submit a plan to the Secretary for the integration of education and related services provided to Indian students. 

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

each Federal agency providing grants for the provision of education 

and related services to the entity, shall authorize the entity to consolidate, in accordance with such plan, the federally funded education and related services programs of the entity and the Federal 

programs, or portions of the programs, serving Indian students in 

a manner that integrates the program services involved into a single, coordinated, comprehensive program and reduces administrative costs by consolidating administrative functions. 


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

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

serving Indian children, or the funds reserved under any Federal 

program to exclusively serve Indian children, under which the entity 

is eligible for receipt of funds under a statutory or administrative 

formula for the purposes of providing education and related services 

that would be used to serve Indian students. 

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

to subsection (b), the plan shall— 

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

(2) be consistent with the objectives of this section concerning 

authorizing the services to be integrated in a demonstration 

project; 

(3) describe a comprehensive strategy that identifies the full 

range of potential educational opportunities and related services 

to be provided to assist Indian students to achieve the objectives 

set forth in this chapter; 

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

and delivered and the results expected from the plan; 

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

single budget; 

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

involved in the delivery of the services integrated under the 

plan; 

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

procedures that the entity believes need to be waived in order 

to implement the plan; 

(8) set forth measures for student academic achievement consistent with State academic standards under section 1111(b)(1); 

and 

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

section 1264(c)(4), if such a committee exists. 

(e) PLAN REVIEW.—Upon receipt of the plan from an eligible entity, the Secretary shall consult with the Secretary of each Federal department providing funds to be used to implement the plan, and 

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

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

entity to implement the plan. Notwithstanding any other provision 

of law, the Secretary of the affected department shall have the authority to waive any regulation, policy, or procedure promulgated by 

that department that has been so identified by the entity or department, unless the Secretary of the affected department determines 

that such a waiver is inconsistent with the objectives of this chapter 

or those provisions of the statute from which the program involved 

derives authority that are specifically applicable to Indian students. 

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

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

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

reasons for the disapproval and shall be given an opportunity to 

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


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(g) RESPONSIBILITIES OF DEPARTMENT OF EDUCATION.—The Secretary of Education, the Secretary of the Interior, and the head of 

any other Federal department or agency identified by the Secretary 

of Education, shall enter into an interdepartmental memorandum of 

agreement providing for the implementation and coordination of the 

demonstration projects authorized under this section. The lead 

agency head for a demonstration project under this section shall 

be— 

(1) the Secretary of the Interior, in the case of an entity meeting the definition of a contract or grant school under title XI 

of the Education Amendments of 1978; or 

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

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

the lead agency shall include— 

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

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

to report on the activities undertaken under the project; 

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

expenditures for the individual project which shall be used by 

an eligible entity to report on all project expenditures; 

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

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

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

appropriate to the project, except that an eligible entity shall 

have the authority to accept or reject the plan for providing 

such technical assistance and the technical assistance provider. 

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

section. Such report format shall require that reports described in 

subsection (h), together with records maintained on the consolidated 

program at the local level, shall contain such information as will 

allow a determination that the eligible entity has complied with the 

requirements incorporated in its approved plan, including making 

a demonstration of student academic achievement, and will provide 

assurances to each Secretary that the eligible entity has complied 

with all directly applicable statutory requirements and with those 

directly applicable regulatory requirements that have not been 

waived. 

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

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

(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.—The Secretary 

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

an interagency transfer of funds otherwise available to an eligible 

entity in order to further the objectives of this section. 

(l) ADMINISTRATION OF FUNDS.— 

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

a determination that funds from a specific program are spent 

on allowable activities authorized under such program, except 

that the eligible entity shall determine the proportion of the 

funds granted that shall be allocated to such program. 

(2) SEPARATE RECORDS NOT REQUIRED.—Nothing in this section shall be construed as requiring the eligible entity to mainVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00360 Fmt 6659 Sfmt 6603 E:\HR\OC\HR458.XXX HR458

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tain separate records tracing any services or activities conducted under the approved plan to the individual programs 

under which funds were authorized for the services or activities, 

nor shall the eligible entity be required to allocate expenditures 

among such individual programs. 

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

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

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

amount of the commingled funds and the actual administrative cost 

of the programs) shall be considered to be properly spent for Federal 

audit purposes, if the overage is used for the purposes provided for 

under this section. 

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

agency to fulfill the responsibilities for the safeguarding of Federal 

funds pursuant to chapter 75 of title 31, United States Code. 

(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRA- TION.— 

(1) IN GENERAL.—The Secretary of Education shall annually 

submit a report to the Committee on Health, Education, Labor, 

and Pensions and the Committee on Indian Affairs of the Senate, and the Committee on Education and the Workforce and 

the Committee on Natural Resources of the House of Representatives on the status 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 

more effectively integrate their education and related services to Indian students in a manner consistent with the objectives of this section; and 

(B) the effective practices for program integration that result in increased student achievement and other relevant 

outcomes for Indian students. 

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

(1) the Secretary of the Interior, in the case of an entity meeting the definition of a contract or grant school under title XI 

of the Education Amendments of 1978; or 

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

SEC. 1267. STUDENT ELIGIBILITY FORMS. 

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

application for a grant under this chapter, each applicant shall 

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

educational agency provides a free public education, that contains 

a form that sets forth information establishing the status of the 

child as an Indian child eligible for assistance under this chapter, 

and that otherwise meets the requirements of subsection (b). 

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

(1) either— 

(A)(i) the name of the tribe or band of Indians (as defined 

in section 1291) with respect to which the child claims 

membership; 

(ii) the enrollment number establishing the membership 

of the child (if readily available); and 


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(iii) the name and address of the organization that maintains updated and accurate membership data for such tribe 

or band of Indians; or 

(B) the name, the enrollment 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 chapter, if the 

child is not a member of the tribe or band of Indians (as 

so defined); 

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

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

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

the child; and 

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

that verifies the accuracy of the information supplied. 

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

construed to affect a definition contained in section 1291. 

(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 1985–1986 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— 

(1) to establish eligibility under this chapter; and 

(2) to meet the requirements of subsection (a). 

(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 1263, 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. 

(f) MONITORING AND EVALUATION REVIEW.— 

(1) IN GENERAL.— 

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

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

this chapter, the Secretary shall conduct a monitoring and 

evaluation review of a sampling of the recipients of grants 

under this chapter. The sampling conducted under this 

subparagraph shall take into account the size of and the 

geographic location of each local educational agency. 

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

held liable to the United States or be subject to any penalty, 

by reason of the findings of an audit that relates to the date 

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

to establish, before April 28, 1988, the eligibility of a child 

for an entitlement under the Indian Elementary and Secondary School Assistance Act. 


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

provides false information in an application for a grant under 

this chapter shall— 

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

chapter; and 

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

grant that have not been expended. 

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

counted for the purpose of computing the amount of a grant 

under section 1263. 

(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—Notwithstanding 

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

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

contract from the Bureau of Indian Education, the Secretary shall 

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

(1) A count of the number of students in the schools certified 

by the Bureau. 

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

has eligibility forms that comply with this section. 

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

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

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

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

shall— 

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

if that date or period occurs before the deadline established by 

the Secretary for submitting an application under section 1264; 

and 

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

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

SEC. 1268. PAYMENTS. 

(a) IN GENERAL.—Subject to subsections (b) and (c), the Secretary 

shall pay to each local educational agency that submits an application that is approved by the Secretary under this chapter the 

amount determined under section 1263. The Secretary shall notify 

the local educational agency of the amount of the payment not later 

than June 1 of the year for which the Secretary makes the payment. 

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

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

of the State aid, with respect to the free public education of children 

during such fiscal year or the preceding fiscal year. 

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

that the Secretary determines will best carry out the purpose of this 

chapter, any amounts that— 

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

other information, the Secretary determines will not be needed 

by such agencies to carry out approved programs under this 

chapter; or 


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(2) otherwise become available for reallocation under this 

chapter. 

SEC. 1269. STATE EDUCATIONAL AGENCY REVIEW. 

Before submitting an application to the Secretary under section 

1264, a local educational agency shall submit the application to the 

State educational agency, which may comment on such application. 

If the State educational agency comments on the application, the 

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

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

CHAPTER B—SPECIAL PROGRAMS AND PROJECTS TO 

IMPROVE EDUCATIONAL OPPORTUNITIES FOR INDIAN 

CHILDREN 

SEC. 1271. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN. 

(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. 

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

actions to achieve the coordination of activities assisted under 

this chapter with— 

(A) other programs funded under this Act; and 

(B) other Federal programs operated for the benefit of 

American Indian and Alaska Native children. 

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

means a State educational agency, local educational agency, Indian 

tribe, Indian organization, federally supported elementary school or 

secondary school for Indian students, Indian institution (including 

an Indian institution of higher education), or a consortium of such 

entities. 

(c) GRANTS AUTHORIZED.— 

(1) IN GENERAL.—From amounts appropriated under section 

3(a)(1), the Secretary shall reserve 0.2 of one percent to award 

grants to eligible entities to enable such entities to carry out activities under this section and section 1272. 

(2) USES OF FUNDS.—An eligible entity that receives a grant 

under this section shall use the funds for one or more activities, 

including— 

(A) innovative programs related to the educational needs 

of educationally disadvantaged children; 

(B) educational services that are not available to such 

children in sufficient quantity or quality, including remedial instruction, to raise the achievement of Indian children 

in one or more of the core academic subjects of English, 

mathematics, science, foreign languages, art, history, and 

geography; 

(C) bilingual and bicultural programs and projects; 

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

psychological problems of Indian children; 


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(E) special compensatory and other programs and 

projects designed to assist and encourage Indian children 

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

rate of high school graduation for Indian children; 

(F) comprehensive guidance, counseling, and testing services; 

(G) 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 with disabilities; 

(H) partnership projects between local educational agencies and institutions of higher education that allow secondary school students to enroll in courses at the postsecondary level to aid such students in the transition from secondary to postsecondary education; 

(I) partnership projects between schools and local businesses for career preparation programs designed to provide 

Indian youth with the knowledge and skills such youth 

need to make an effective transition from school to a highskill, high-wage career; 

(J) programs designed to encourage and assist Indian 

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

(K) family literacy services; 

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

(M) other services that meet the purpose described in this 

section. 

(3) PROFESSIONAL DEVELOPMENT.—Evidence based 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.— (A) IN GENERAL.—The Secretary may make multiyear 

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

pilot operation, or demonstration of any activity described 

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

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

this paragraph, the Secretary shall give priority to entities 

submitting applications that present a plan for combining 

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

a period of more than 1 year. 

(C) PROGRESS.—The Secretary shall make a grant payment for a grant described in this paragraph to an eligible 

entity after the initial year of the multiyear grant only if 

the Secretary determines that the eligible entity has made 

substantial progress in carrying out the activities assisted 

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

(2) DISSEMINATION GRANTS.— 

(A) IN GENERAL.—In addition to awarding the multiyear 

grants described in paragraph (1), the Secretary may 


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award grants under subsection (c) to eligible entities for the 

dissemination of exemplary materials or programs assisted 

under this section. 

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

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

(i) has been adequately reviewed; 

(ii) has demonstrated educational merit; and 

(iii) can be replicated. 

(3) APPLICATION.— (A) IN GENERAL.—Any eligible entity that desires to receive a grant under this section shall submit an application 

to the Secretary at such time and in such manner as the 

Secretary may reasonably require. 

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

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

(i) a description of how parents of Indian children 

and representatives of Indian tribes have been, and 

will be, involved in developing and implementing the 

activities for which assistance is sought; 

(ii) assurances that the applicant will participate, at 

the request of the Secretary, in any national evaluation 

of activities assisted under this section; 

(iii) information demonstrating that the proposed 

program for the activities is an evidence-based program, which may include a program that has been 

modified to be culturally appropriate for students who 

will be served; and 

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

program involved once the grant period is over. 

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

provided to a grantee under this chapter for any fiscal year may be 

used for administrative purposes. 

SEC. 1272. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION PROFESSIONALS. 

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

(1) to increase the number of qualified Indian teachers, school 

leaders, or other education professionals serving Indian students, including through recruitment strategies; 

(2) to provide training to qualified Indian individuals to enable such individuals to become effective teachers, school leaders, administrators, teacher aides, social workers, and ancillary 

educational personnel; and 

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

serve in the capacities described in paragraph (2). 

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

‘‘eligible entity’’ means— 

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

institution of higher education; 

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

consortium with an institution of higher education; 


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(3) an Indian tribe or organization, in consortium with an institution of higher education; and 

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

Education Amendments of 1978). 

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

grants from funds reserved under section 1271(c)(1) to eligible entities having applications approved under this section to enable those 

entities to carry out the activities described in subsection (d). 

(d) AUTHORIZED ACTIVITIES.— (1) IN GENERAL.—Grant funds under this section shall be 

used for activities to provide support and training for Indian 

individuals in a manner consistent with the purposes of this 

section. 

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

training received pursuant to a grant under this section 

may be inservice or preservice training. 

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

enter any education-related field other than teaching, the 

training received pursuant to a grant under this section 

shall be in a program that results in a graduate degree. 

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

section shall submit an application to the Secretary at such time 

and in such manner as the Secretary may reasonable require. An 

application shall include 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 

school leaders; 

(2) use funds made available under the grant to support the 

recruitment, preparation, and professional development of Indian teachers or school leaders in local educational agencies 

that serve a high proportion of Indian students; and 

(3) assist participants in meeting the requirements under subsection (h). 

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

Secretary— 

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

and 

(2) may not limit eligibility to receive a grant under this section on the basis of— 

(A) the number of previous grants the Secretary has 

awarded such entity; or 

(B) the length of any period during which such entity received such grants. 

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

awarded for an initial period of not more than three years, and may 

be renewed for not more than an additional two years if the Secretary finds that the grantee is meeting the grant objectives. 

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

that an individual who receives training pursuant to a grant 

made under this section— 

(A) perform work— 

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

and 


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(ii) that benefits Indian people; or 

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

(2) REPORTING.—The Secretary shall establish, by regulation, 

a reporting procedure under which a grant recipient under this 

section shall, not later than 12 months after the date of completion of the training, and periodically thereafter, provide information concerning compliance with the work requirement under 

paragraph (1). 

CHAPTER C—FEDERAL ADMINISTRATION 

SEC. 1281. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION. 

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

Council on Indian Education (hereafter in this section referred to as 

the ‘‘Council’’), which shall— 

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

the President from lists of nominees furnished, from time to 

time, by Indian tribes and organizations; and 

(2) represent different geographic areas of the United States. 

(b) DUTIES.—The Council shall— 

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

program established under this subpart— 

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

and 

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

(ii) that may benefit Indian children or adults; 

(2) make recommendations to the Secretary for filling the position of Director of Indian Education whenever a vacancy occurs; and 

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

a report on the activities of the Council, including— 

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

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

SEC. 1282. PEER REVIEW. 

The Secretary may use a peer review process to review applications submitted to the Secretary under chapter B. 

SEC. 1283. PREFERENCE FOR INDIAN APPLICANTS. 

In making grants and entering into contracts or cooperative 

agreements under chapter B, the Secretary shall give a preference 

to Indian tribes, organizations, and institutions of higher education 

under any program with respect to which Indian tribes, organizations, and institutions are eligible to apply for grants, contracts, or 

cooperative agreements. 

SEC. 1284. MINIMUM GRANT CRITERIA. 

The Secretary may not approve an application for a grant, contract, or cooperative agreement under chapter B unless the application is for a grant, contract, or cooperative agreement that is— 


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(1) of sufficient size, scope, and quality to achieve the purpose 

or objectives of such grant, contract, or cooperative agreement; 

and 

(2) based on relevant research findings. 

CHAPTER D—DEFINITIONS 

SEC. 1291. DEFINITIONS. 

For the purposes of this subpart: 

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

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

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

compulsory school attendance under an applicable State 

law. 

(2) 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. 

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

(A) provided at public expense, under public supervision 

and direction, and without tuition charge; and 

(B) provided as elementary or secondary education in the 

applicable State or to preschool children. 

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

is— 

(A) a member of an Indian tribe or band, as membership 

is defined by the tribe or band, including— 

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

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

which the tribe or band resides; 

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

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

Indian for any purpose; 

(D) an Eskimo, Aleut, or other Alaska Native; or 

(E) a member of an organized Indian group that received 

a grant under the Indian Education Act of 1988 as in effect 

the day preceding the date of enactment of the Improving 

America’s Schools Act of 1994. 

PART øE¿ B—NATIONAL ASSESSMENT OF 

TITLE I 

SEC. ø1501.¿ 1301. EVALUATIONS. 

(a) NATIONAL ASSESSMENT OF TITLE I.— 

(1) IN GENERAL.—The Secretary, acting through the Director 

of the Institute of Education Sciences (in this section and section 1302 referred to as the ‘‘Director’’), 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. 

(2) ISSUES TO BE EXAMINED.—In conducting the assessment 

under this subsection, the øSecretary¿ Director shall examine, 

at a minimum, the following: 


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(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 øreaching 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.¿ graduating high school prepared for postsecondary education or the workforce. 

(B) The types of programs and services that have demonstrated the greatest likelihood of helping students 

øreach the proficient and advanced levels of achievement 

based on State student academic achievement standards 

and State academic content standards.¿ meet State academic standards. 

* * * * * * * 

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)¿ (D) How schools, local educational agencies, and 

States have— 

(i) * * * 

* * * * * * * 

(v) used State educational agency and local educational agency funds and resources to øhelp 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.¿ address disparities in the percentages of effective teachers teaching in low-income 

schools. 

ø(F)¿ (E) 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)¿ (F) The costs as compared to the benefits of the 

activities assisted under this title. 

ø(I)¿ (G) The extent to which actions authorized under 

øsection 1116¿ section 1111(b)(3)(B)(iii) are implemented 

by State educational agencies and local educational agencies to improve the academic achievement of students in 


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low-performing schools, and the effectiveness of the implementation of such actionsø, 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. 

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)¿ (H) The extent to which State and local fiscal accounting requirements under this title affect the flexibility 

of schoolwide programs. 

ø(K)¿ (I) The implementation and impact of the professional development activities assisted under this title and 

title II on instruction, student academic achievement, and 

teacher øqualifications¿ effectiveness. 

ø(L)¿ (J) The extent to which the assistance made available under this titleø, including funds under section 1002,¿ 

is targeted to disadvantaged students, schools, and local 

educational agencies with the greatest need. 

ø(M)¿ (K) The effectiveness of Federal administration assistance made available under this title, including monitoring and technical assistance. 

ø(N)¿ (L) The academic achievement of the groups of 

students described in øsection 1111(b)(2)(C)(v)(II)¿ section 

1111(b)(3)(B)(ii)(II). 

ø(O)¿ (M) Such other issues as the øSecretary¿ Director 

considers appropriate. 

(3) SOURCES OF INFORMATION.—In conducting the assessment under this subsection, the øSecretary¿ Director 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. 


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(4) COORDINATION.—In carrying out this subsection, the 

øSecretary¿ Director shall— 

(A) * * * 

* * * * * * * 

(5) DEVELOPMENTALLY APPROPRIATE MEASURES.—In conducting the national assessment under this subsection, the 

øSecretary¿ Director shall use developmentally appropriate 

measures to assess student academic achievement. 

(6) REPORTS.— 

(A) INTERIM REPORT.—Not later than 3 years after the 

date of enactment of the øNo Child Left Behind Act of 

2001¿ Student Success Act, the øSecretary¿ Director 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 an interim report on the national assessment 

conducted under this subsection. 

(B) FINAL REPORT.—Not later than 5 years after the date 

of enactment of the øNo Child Left Behind Act of 2001¿ 

Student Success Act, the øSecretary¿ Director 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. 

(b) STUDIES AND DATA COLLECTION.— 

(1) IN GENERAL.—In addition to other activities described in 

this section, the øSecretary¿ Director may, directly or through 

awarding grants to or entering into contracts with appropriate 

entities— 

(A) * * * 

* * * * * * * 

(2) MINIMUM INFORMATION.—In carrying out this subsection, 

the øSecretary¿ Director 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). 

(c) NATIONAL LONGITUDINAL STUDY.— 

(1) IN GENERAL.—The øSecretary¿ Director shall conduct a 

longitudinal study of schools receiving assistance under øpart 

A¿ subpart 1 of part A. 

(2) ISSUES TO BE EXAMINED.—In carrying out this subsection, 

the øSecretary¿ Director shall ensure that the study referred 

to in paragraph (1) provides Congress and educators with each 

of the following: 

(A) * * * 

(B) Information that can be used to improve the effectiveness of the assistance made available under this title 

in enabling students to meet øchallenging academic 

achievement standards¿ State academic standards. 

* * * * * * * 

(E) An analysis of the øeffects of the availability of 

school choice options under section 1116 on the academic 


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achievement of disadvantaged students, on schools in 

school improvement, and on schools from which students 

have transferred under such options.¿ extent to which actions authorized under section 1111(b)(3)(B)(iii) improve 

the academic achievement of disadvantaged students and 

low-performing schools. 

(F) Such other information as the øSecretary¿ Director 

considers appropriate. 

(3) SCOPE.—In conducting the study referred to in paragraph 

(1), the øSecretary¿ Director shall ensure that the study— 

(A) * * * 

* * * * * * * 

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.¿ 

(C) analyzes varying models or strategies for delivering 

school services, including schoolwide and targeted services. 

(d) INDEPENDENT REVIEW PANEL.— (1) IN GENERAL.—The øSecretary¿ Director shall establish an 

independent review panel (in this subsection referred to as the 

‘‘Review Panel’’) to advise the øSecretary¿ Director on methodological and other issues that arise in carrying out subsections (a) and (c). 

(2) APPOINTMENT OF MEMBERS.— (A) IN GENERAL.—Subject to subparagraph (B), the øSecretary¿ Director shall appoint members of the Review 

Panel from among qualified individuals who are— 

(i) * * * 

* * * * * * * 

(B) LIMITATIONS.—In appointing members of the Review 

Panel, the øSecretary¿ Director shall ensure that— 

(i) * * * 

* * * * * * * 

(3) FUNCTIONS.—The Review Panel shall consult with and 

advise the øSecretary¿ Director— (A) * * * 

* * * * * * * 

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. 


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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.¿ 

SEC. ø1503.¿ 1302. ASSESSMENT EVALUATION. 

(a) IN GENERAL.—The øSecretary¿ Director shall conduct an 

independent study of assessments used for State accountability 

purposes øand 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). 

(b) CONTRACT AUTHORIZED.—The øSecretary¿ Director is authorized to award a contract, through a peer review øprocess,¿ process 

consistent with section 1206, to an organization or entity capable of 

conducting rigorous, independent research. The øAssistant Secretary of Educational Research and Improvement¿ Director shall 

appoint peer reviewers to evaluate the applications for this contract. 

* * * * * * * 

(d) COMPONENTS OF THE RESEARCH PROGRAM.—The study described in subsection (a) shall examine— 

(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— 

(A) student academic achievement, progress øto the 

State-defined level of proficiency¿ toward meeting the State 

academic standards, and progress toward closing achievement gaps, based on independent measures; 

* * * * * * * 

(C) changes in turnover rates among teachers, principals, and øpupil-services¿ specialized instructional support services personnel; 

* * * * * * * 

(3) the effect of the academic assessments on low, middle, 

and high socioeconomic status students, ølimited and nonlimited English proficient students¿ English learners, racial and 

ethnic minority students, and nonracial or nonethnic minority 

students; 

* * * * * * * 

(6) such other factors as the øSecretary¿ Director finds appropriate. 

* * * * * * * 

(f) RESERVATION OF FUNDS.—The øSecretary¿ Director may reserve up to 15 percent of the funds øauthorized to be appropriated 

for this part¿ appropriated under section 3(a)(2) to carry out the study, except such reservation of funds shall not exceed $1,500,000. 


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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 

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 


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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 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— 


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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 consideration 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. 

øPART I—GENERAL PROVISIONS 

øSEC. 1901. FEDERAL REGULATIONS. 

ø(a) IN GENERAL.—The Secretary may issue such regulations as 

are necessary to reasonably ensure that there is compliance with 

this title. 


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ø(b) NEGOTIATED RULEMAKING PROCESS.— ø(1) IN GENERAL.—Before publishing in the Federal Register 

proposed regulations to carry out this title, the Secretary shall 

obtain the advice and recommendations of representatives of 

Federal, State, and local administrators, parents, teachers, 

paraprofessionals, and members of local school boards and 

other organizations involved with the implementation and operation of programs under this title. 

ø(2) MEETINGS AND ELECTRONIC EXCHANGE.—Such advice 

and recommendations may be obtained through such mechanisms as regional meetings and electronic exchanges of information. 

ø(3) PROPOSED REGULATIONS.—After obtaining such advice 

and recommendations, and before publishing proposed regulations, the Secretary shall— 

ø(A) establish a negotiated rulemaking process on, at a 

minimum, standards and assessments; 

ø(B) select individuals to participate in such process 

from among individuals or groups that provided advice and 

recommendations, including representation from all geographic regions of the United States, in such numbers as 

will provide an equitable balance between representatives 

of parents and students and representatives of educators 

and education officials; and 

ø(C) prepare a draft of proposed policy options that shall 

be provided to the individuals selected by the Secretary 

under subparagraph (B) not less than 15 days before the 

first meeting under such process. 

ø(4) PROCESS.—Such process— 

ø(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 No Child 

Left Behind Act of 2001; and 

ø(B) shall not be subject to the Federal Advisory Committee Act, but shall otherwise follow the provisions of the 

Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.). 

ø(5) EMERGENCY SITUATION.—In an emergency situation in 

which regulations to carry out this title must be issued within 

a very limited time to assist State educational agencies and 

local educational agencies with the operation of a program 

under this title, the Secretary may issue proposed regulations 

without following such process but shall, immediately thereafter and before issuing final regulations, conduct regional 

meetings to review such proposed regulations. 

ø(c) LIMITATION.—Regulations to carry out this part may not require local programs to follow a particular instructional model, 

such as the provision of services outside the regular classroom or 

school program. 

øSEC. 1902. AGREEMENTS AND RECORDS. 

ø(a) AGREEMENTS.—All published proposed regulations shall conform to agreements that result from negotiated rulemaking described in section 1901 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. 


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ø(b) RECORDS.—The Secretary shall ensure that an accurate and 

reliable record of agreements reached during the negotiations process is maintained. 

øSEC. 1903. STATE ADMINISTRATION. 

ø(a) RULEMAKING.— 

ø(1) IN GENERAL.—Each State that receives funds under this 

title shall— 

ø(A) ensure that any State rules, regulations, and policies relating to this title conform to the purposes of this 

title and provide any such proposed rules, regulations, and 

policies to the committee of practitioners created under 

subsection (b) for review and comment; 

ø(B) minimize such rules, regulations, and policies to 

which the State’s local educational agencies and schools 

are subject; 

ø(C) eliminate or modify State and local fiscal accounting requirements in order to facilitate the ability of schools 

to consolidate funds under schoolwide programs; and 

ø(D) identify any such rule, regulation, or policy as a 

State-imposed requirement. 

ø(2) SUPPORT AND FACILITATION.—State rules, regulations, 

and policies under this title shall support and facilitate local 

educational agency and school-level systemic reform designed 

to enable all children to meet the challenging State student 

academic achievement standards. 

ø(b) COMMITTEE OF PRACTITIONERS.— 

ø(1) IN GENERAL.—Each State educational agency that receives funds under this title shall create a State committee of 

practitioners to advise the State in carrying out its responsibilities under this title. 

ø(2) MEMBERSHIP.—Each such committee shall include— 

ø(A) as a majority of its members, representatives from 

local educational agencies; 

ø(B) administrators, including the administrators of programs described in other parts of this title; 

ø(C) teachers, including vocational educators; 

ø(D) parents; 

ø(E) members of local school boards; 

ø(F) representatives of private school children; and 

ø(G) pupil services personnel. 

ø(3) DUTIES.—The duties of such committee shall include a 

review, before publication, of any proposed or final State rule 

or regulation pursuant to this title. In an emergency situation 

where such rule or regulation must be issued within a very 

limited time to assist local educational agencies with the operation of the program under this title, the State educational 

agency may issue a regulation without prior consultation, but 

shall immediately thereafter convene the State committee of 

practitioners to review the emergency regulation before 

issuance in final form. 

øSEC. 1904. LOCAL EDUCATIONAL AGENCY SPENDING AUDITS. 

ø(a) AUDITS.—The Comptroller General of the United States 

shall conduct audits of not less than 6 local educational agencies 

that receive funds under part A in each fiscal year to determine 


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more clearly and specifically how local educational agencies are expending such funds. Such audits— 

ø(1) shall be conducted in 6 local educational agencies that 

represent the size, ethnic, economic, and geographic diversity 

of local educational agencies; and 

ø(2) shall examine the extent to which funds have been expended for academic instruction in the core curriculum and activities unrelated to academic instruction in the core curriculum, such as the payment of janitorial, utility, and other 

maintenance services, the purchase and lease of vehicles, and 

the payment for travel and attendance costs at conferences. 

ø(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 the 

Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and 

Pensions of the Senate. 

øSEC. 1905. 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. 

øSEC. 1906. RULE OF CONSTRUCTION ON EQUALIZED SPENDING. 

Nothing in this title shall be construed to mandate equalized 

spending per pupil for a State, local educational agency, or school. 

øSEC. 1907. STATE REPORT ON DROPOUT DATA. 

øNot later than 1 year after a State educational agency receives 

funds under this title, the agency shall report to the Secretary and 

statewide, all school district data regarding annual school dropout 

rates in the State disaggregated by race and ethnicity according to 

procedures that conform with the National Center for Education 

Statistics’ Common Core of Data. 

øSEC. 1908. REGULATIONS FOR SECTIONS 1111 AND 1116. 

øThe Secretary shall issue regulations for sections 1111 and 1116 

not later than 6 months after the date of enactment of the No 

Child Left Behind Act of 2001.¿ 

PART C—GENERAL PROVISIONS 

SEC. 1401. FEDERAL REGULATIONS. 

(a) IN GENERAL.—The Secretary may, in accordance with subsections (b) through (d), issue such regulations as are necessary to 

reasonably ensure there is compliance with this title. 

(b) NEGOTIATED RULEMAKING PROCESS.— 

(1) IN GENERAL.—Before publishing in the Federal Register 

proposed regulations to carry out this title, the Secretary shall 

obtain the advice and recommendations of representatives of 

Federal, State, and local administrators, parents, teachers, and 

members of local school boards and other organizations involved with the implementation and operation of programs 

under this title. 


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(2) MEETINGS AND ELECTRONIC EXCHANGE.—Such advice and 

recommendations may be obtained through such mechanisms 

as regional meetings and electronic exchanges of information. 

(3) PROPOSED REGULATIONS.—After obtaining such advice 

and recommendations, and before publishing proposed regulations, the Secretary shall— 

(A) establish a negotiated rulemaking process; 

(B) select individuals to participate in such process from 

among individuals or groups that provided advice and recommendations, including representation from all geographic regions of the United States, in such numbers as 

will provide an equitable balance between representatives of 

parents and students and representatives of educators and 

education officials; and 

(C) prepare a draft of proposed policy options that shall 

be provided to the individuals selected by the Secretary 

under subparagraph (B) not less than 15 days before the 

first meeting under such process. 

(c) PROPOSED RULEMAKING.—If the Secretary determines that a 

negotiated rulemaking process is unnecessary or the individuals selected to participate in the process under paragraph (3)(B) fail to 

reach unanimous agreement, the Secretary may propose regulations 

under the following procedure: 

(1) Not less than 30 days prior to beginning a rulemaking 

process, the Secretary shall provide to Congress, including the 

Committee on Education and the Workforce of the House of 

Representatives and the Committee on Health, Education, 

Labor, and Pensions of the Senate, notice that shall include— 

(A) a copy of the proposed regulations; 

(B) the need to issue regulations; 

(C) the anticipated burden the regulations will have on 

State educational agencies, local educational agencies, 

schools, and other entities that may be impacted by the regulations; and 

(D) any regulations that will be repealed when the new 

regulations are issued. 

(2) 30 days after giving notice of the proposed rule to Congress, the Secretary may proceed with the rulemaking process 

after addressing all comments received from the Congress and 

publishing how such comments are addressed with the proposed rule. 

(3) The comment and review period for any proposed regulation shall be 90 days unless an emergency requires a shorter period, in which case such period shall be not less than 45 days 

and the Secretary shall— 

(A) designate the proposed regulation as an emergency 

with an explanation of the emergency in the notice and report to Congress under paragraph (1); and 

(B) publish the length of the comment and review period 

in such notice and in the Federal Register. 

(4) No regulation shall be made final after the comment and 

review period until the Secretary has published in the Federal 

Register an independent assessment of— 

(A) the burden, including the cost burden, the regulation 

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cational agencies, schools and other entities that may be 

impacted by the regulation; and 

(B) an explanation of how the entities described in subparagraph (A) may pay for implementing the new regulation. 

(d) LIMITATION.—Regulations to carry out this title may not require local programs to follow a particular instructional model, 

such as the provision of services outside the regular classroom or 

school program. 

SEC. 1402. AGREEMENTS AND RECORDS. 

(a) AGREEMENTS.—In the case in which a negotiated rule making 

process is established under subsection (b) of section 1401, all published proposed regulations shall conform to agreements that result 

from the rulemaking described in section 1401 unless the Secretary 

reopens the negotiated rulemaking process. 

(b) RECORDS.—The Secretary shall ensure that an accurate and 

reliable record of agreements reached during the negotiations process is maintained. 

SEC. 1403. STATE ADMINISTRATION. 

(a) RULEMAKING.— 

(1) IN GENERAL.—Each State that receives funds under this 

title shall— 

(A) ensure that any State rules, regulations, and policies 

relating to this title conform to the purposes of this title 

and provide any such proposed rules, regulations, and policies to the committee of practitioners created under subsection (b) for review and comment; 

(B) minimize such rules, regulations, and policies to 

which the State’s local educational agencies and schools are 

subject; 

(C) eliminate or modify State and local fiscal accounting 

requirements in order to facilitate the ability of schools to 

consolidate funds under schoolwide programs; 

(D) identify any such rule, regulation, or policy as a 

State-imposed requirement; and 

(E)(i) identify any duplicative or contrasting requirements between the State and Federal rules or regulations; 

(ii) eliminate the rules and regulations that are duplicative of Federal requirements; and 

(iii) report any conflicting requirements to the Secretary 

and determine which Federal or State rule or regulation 

shall be followed. 

(2) SUPPORT AND FACILITATION.—State rules, regulations, and 

policies under this title shall support and facilitate local educational agency and school-level systemic reform designed to enable all children to meet the State academic standards. 

(b) COMMITTEE OF PRACTITIONERS.— 

(1) IN GENERAL.—Each State educational agency that receives 

funds under this title shall create a State committee of practitioners to advise the State in carrying out its responsibilities 

under this title. 

(2) MEMBERSHIP.—Each such committee shall include— 

(A) as a majority of its members, representatives from 

local educational agencies; 


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(B) administrators, including the administrators of programs described in other parts of this title; 

(C) teachers from public charter schools, traditional public schools, and career and technical educators; 

(D) parents; 

(E) members of local school boards; 

(F) representatives of private school children; and 

(G) specialized instructional support personnel. 

(3) DUTIES.—The duties of such committee shall include a review, before publication, of any proposed or final State rule or 

regulation pursuant to this title. In an emergency situation 

where such rule or regulation must be issued within a very limited time to assist local educational agencies with the operation 

of the program under this title, the State educational agency 

may issue a regulation without prior consultation, but shall immediately thereafter convene the State committee of practitioners to review the emergency regulation before issuance in 

final form. 

SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED SPENDING. 

Nothing in this title shall be construed to mandate equalized 

spending per pupil for a State, local educational agency, or school. 

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. 


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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). 

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 comprehenVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00384 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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sive 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 

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 


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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 

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; 


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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 

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— 


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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 

Aptitude Test (SAT) scores that are 100 points above the national 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 lowincome 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 

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ble 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— 

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). 


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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 

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. 


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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.— 

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 lowincome 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 


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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’’. 

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; 


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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 agencies and local educational agencies can implement effective 

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. 


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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. 

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 


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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, sustainable, 

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; 


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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— 

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 


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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; 

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 parVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00397 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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enting 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. 

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 


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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 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.¿ 

* * * * * * * 

øTITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE 

PROGRAMS 

øPART A—INNOVATIVE PROGRAMS 

øSEC. 5101. 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 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 


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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. 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. 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— 

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 


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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.— 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. 


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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. 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 high-quality 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. 

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. 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 stuVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00402 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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dent 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. 

øSubpart 3—Local Innovative Education 

Programs 

øSEC. 5131. 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 


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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 

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. 


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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. 

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. 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. 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). 


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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— 

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 same-gender 

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 


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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. 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 effort 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. 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 


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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 children 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 


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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 

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 


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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. 

øSEC. 5143. 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. 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. DEFINITIONS. 

øIn this part: 


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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. 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. 

øPART B—PUBLIC CHARTER SCHOOLS 

øSubpart 1—Charter School Programs 

øSEC. 5201. 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. 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 


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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 

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 


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Secretary shall take into consideration the number of charter 

schools that are operating, or are approved to open, in the State. 

øSEC. 5203. 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— 

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; 


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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 

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 


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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 

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. 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; 


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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 review 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 


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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.— 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— 


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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 

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. 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; 


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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. 

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; 


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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. 

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. 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 operVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00420 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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ation 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 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. 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. 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. 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. 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; 


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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; 

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. 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. 


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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 

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. 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. 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). 


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øSEC. 5223. 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 

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. 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. 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: 


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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 activities 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. 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. 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; 


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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 

comprehensive annual report to Congress on the activities conducted under this subpart. 

øSEC. 5228. 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. 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. 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). 


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øSEC. 5231. AUTHORIZATION OF APPROPRIATIONS. 

øFor the purpose of carrying out this subpart, there are author- ized to be appropriated $150,000,000 for fiscal year 2002 and such 

sums as may be necessary for fiscal year 2003. 

øSubpart 3—Voluntary Public School Choice 

Programs 

øSEC. 5241. 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. 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. 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); 


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ø(3) a description of how students will be selected for the 

program; 

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. 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. 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. 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. 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. AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated to carry out this subpart $100,000,000 for fiscal year 2002 and each of the 5 succeeding 

fiscal years. 

øPART C—MAGNET SCHOOLS ASSISTANCE 

øSEC. 5301. FINDINGS AND PURPOSE. 

ø(a) FINDINGS.—Congress makes the following findings: 

ø(1) Magnet schools are a significant part of the Nation’s effort to achieve voluntary desegregation in our Nation’s schools. 

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. 

ø(3) Magnet schools offer a wide range of distinctive programs that have served as models for school improvement efforts. 

ø(4) It is in the best interests of the United States— 

ø(A) to continue the Federal Government’s support of 

local educational agencies that are implementing court-ordered desegregation plans and local educational agencies 

that are voluntarily seeking to foster meaningful interaction among students of different racial and ethnic backgrounds, beginning at the earliest stage of such students’ 

education; 

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 


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competitive economy comprised of people from many different racial and ethnic backgrounds; and 

ø(C) to continue to desegregate and diversify schools by 

supporting magnet schools, recognizing that segregation 

exists between minority and nonminority students as well 

as among students of different minority groups. 

ø(5) Desegregation efforts through magnet school programs 

are a significant part of our Nation’s effort to achieve voluntary 

desegregation in schools and help to ensure equal educational 

opportunities for all students. 

ø(b) PURPOSE.—The purpose of this part is to assist in the desegregation of schools served by local educational agencies by providing financial assistance to eligible local educational agencies 

for— 

ø(1) the elimination, reduction, or prevention of minority 

group isolation in elementary schools and secondary schools 

with substantial proportions of minority students, which shall 

include assisting in the efforts of the United States to achieve 

voluntary desegregation in public schools; 

ø(2) the development and implementation of magnet school 

programs that will assist local educational agencies in achieving systemic reforms and providing all students the opportunity to meet challenging State academic content standards 

and student academic achievement standards; 

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; 

ø(5) improving the capacity of local educational agencies, including through professional development, to continue operating magnet schools at a high performance level after Federal 

funding for the magnet schools is terminated; and 

ø(6) ensuring that all students enrolled in the magnet school 

programs have equitable access to high quality education that 

will enable the students to succeed academically and continue 

with postsecondary education or productive employment. 

øSEC. 5302. DEFINITION. 

øFor the purpose of this part, 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. 

øSEC. 5303. PROGRAM AUTHORIZED. 

øThe Secretary, in accordance with this part, is authorized to 

award 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— 

ø(1) part of an approved desegregation plan; and 


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ø(2) designed to bring students from different social, economic, ethnic, and racial backgrounds together. 

øSEC. 5304. ELIGIBILITY. 

øA local educational agency, or consortium of such agencies 

where appropriate, is eligible to receive a grant under this part to 

carry out the purpose of this part if such agency or consortium— 

ø(1) is implementing a plan undertaken pursuant to a final 

order issued by a court of the United States, or a court of any 

State, or any other State agency or official of competent jurisdiction, that requires the desegregation of minority-group-segregated children or faculty in the elementary schools and secondary schools of such agency; or 

ø(2) without having been required to do so, has adopted and 

is implementing, or will, if a grant is awarded to such local 

educational agency, or consortium of such agencies, under this 

part, adopt and implement a plan that has been approved by 

the Secretary as adequate under title VI of the Civil Rights Act 

of 1964 for the desegregation of minority-group-segregated children or faculty in such schools. 

øSEC. 5305. APPLICATIONS AND REQUIREMENTS. 

ø(a) APPLICATIONS.—An eligible local educational agency, or consortium of such agencies, desiring to receive a grant under this 

part shall submit an application to the Secretary at such time, in 

such manner, and containing such information and assurances as 

the Secretary may reasonably require. 

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); 


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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— 

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. 

ø(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) will be 

met. 

øSEC. 5306. PRIORITY. 

øIn awarding grants under this part, the Secretary shall give priority to applicants that— 

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. 

øSEC. 5307. USE OF FUNDS. 

ø(a) IN GENERAL.—Grant funds made available under this part 

may be used by an eligible local educational agency, or consortium 

of such agencies— 

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— 


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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. 

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 based 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. 

øSEC. 5308. PROHIBITION. 

øGrants under this part may not be used for transportation or 

any activity that does not augment academic improvement. 

øSEC. 5309. LIMITATIONS. 

ø(a) DURATION OF AWARDS.—A grant under this part shall be 

awarded for a period that shall not exceed 3 fiscal years. 

ø(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 50 percent of the grant 

funds received under this part for the first year of the program and 

not more than 15 percent of such funds for each of the second and 

third such years. 

ø(c) AMOUNT.—No local educational agency, or consortium of 

such agencies, awarded a grant under this part shall receive more 

than $4,000,000 under this part for any 1 fiscal year. 

ø(d) TIMING.—To the extent practicable, the Secretary shall 

award grants for any fiscal year under this part not later than July 

1 of the applicable fiscal year. 

øSEC. 5310. 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; 


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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. 

øSEC. 5311. 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 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. 

øPART D—FUND FOR THE IMPROVEMENT OF 

EDUCATION 

øSEC. 5401. 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. 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. 


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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 explore 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 


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such effectiveness is assessed using rigorous, scientifically based 

research and evaluations. 

øSEC. 5412. 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 

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. 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. 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. 


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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. 

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. 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. 


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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. 

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; 


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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; 

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— 


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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; 

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 


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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. 

øSubpart 3—Partnerships in Character Education 

øSEC. 5431. 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 AGENCIES.—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; 


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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 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. 


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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; 

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 


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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— 

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. 


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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 disabilities 

(including those with mental or physical disabilities); 

ø(III) 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, 


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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— 

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. 


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øSubpart 4—Smaller Learning Communities 

øSEC. 5441. 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 information 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 


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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 

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. 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 


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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. 

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.ildren 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 


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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 

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. SHORT TITLE. 

øThis subpart may be cited as the ‘‘Jacob K. Javits Gifted and 

Talented Students Education Act of 2001’’. 

øSEC. 5462. 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. 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. 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 


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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. 

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 


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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 upon 

through arrangements with institutions of higher education, 

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. 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. GENERAL PROVISIONS. 

ø(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND TEACHERS.—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 


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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. 

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. SHORT TITLE. 

øThis subpart may be cited as the ‘‘Star Schools Act’’. 

øSEC. 5472. 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. 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. 


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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. 

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.— 


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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. 

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. 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 


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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 ensure 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; 


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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; 

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, 


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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; 

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. 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 proVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00458 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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vide, 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 EDU- CATION.— 

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. 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 


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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— 

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. 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. 


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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)). 

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. 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. 


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øSEC. 5482. 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 partnership 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. 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. 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; 


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ø(3) be created for, or adaptable to, challenging State academic content standards and student academic achievement 

standards; and 

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. 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. SHORT TITLE. 

øThis subpart may be cited as the ‘‘Foreign Language Assistance 

Act of 2001’’. 

øSEC. 5492. 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; 


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ø(B) demonstrate approaches that can be disseminated 

and duplicated in other local educational agencies; and 

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. 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 contentbased 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. 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 such 


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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. SHORT TITLE. 

øThis subpart may be cited as the ‘‘Carol M. White Physical Education Program’’. 

øSEC. 5502. 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. 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. 

øSEC. 5504. APPLICATIONS. 

ø(a) SUBMISSION.—Each local educational agency or communitybased organization desiring a grant or contract under this subpart 


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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. 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. 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 communitybased 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. 

øSEC. 5507. 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. 


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øSubpart 11—Community Technology Centers 

øSEC. 5511. 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. 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, forprofit 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. 

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 


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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. 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. 

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 


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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. SHORT TITLE. 

øThis subpart may be cited as the ‘‘Alaska Native and Native 

Hawaiian Education Through Cultural and Historical Organizations Act’’. 

øSEC. 5522. 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. 

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 develVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00469 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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oped 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 low-income 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. 

øSEC. 5523. 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. 


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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. 

øSEC. 5524. 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. 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 


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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. 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. SHORT TITLE. 

øThis subpart may be cited as the ‘‘Excellence in Economic Education Act of 2001’’. 

øSEC. 5532. 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. 

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. 


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ø(5) To leverage and expand private and public support for 

economic education partnerships at national, State, and local 

levels. 

øSEC. 5533. 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 teacher 

training programs that use effective and innovative 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. 


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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. 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. REQUIREMENTS. 

ø(a) ADMINISTRATIVE COSTS.—The grantee and each recipient receiving a subgrant under this subpart for a fiscal year may use 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 


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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. 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. 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. 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, 

State educational agencies, local educational agencies, or Indian 

tribes, for the purpose of increasing student access to quality mental 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. 


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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. 

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; 


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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. 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 

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— 


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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. 

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: 


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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, libraries, mental health professionals, family courts, homeless shelters, and primary care providers. 

øSubpart 15—Arts in Education 

øSEC. 5551. 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). 


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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. 

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. 


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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. 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. 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, 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. 


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øSEC. 5563. 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; 

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 low-income, 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 


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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. 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, 

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. 


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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. 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 Secretary, 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. 


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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. 

øSEC. 5566. 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; 


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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. 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 

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; 


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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 

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 on-call 

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. 


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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. 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. 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 

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 


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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. 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 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. 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. 


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øSEC. 5585. 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. 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. 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. USES OF FUNDS. 

øA local educational agency that receives a subgrant under this 

subpart shall use the subgrant funds only to pay for capital expenses incurred in providing equitable services for private school 

students under section 1120. 

øSEC. 5593. 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. 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 


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degree of need set forth in their respective applications submitted 

under subsection (a). 

øSEC. 5595. 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. 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. 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. 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 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. 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), 


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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. 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; 

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 


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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. 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. 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. 

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; 


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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; 

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 


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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; 

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. 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 eduVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00495 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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cation, 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. 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; 

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; 


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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. 

øSEC. 5616. 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. 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. 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).¿ 

TITLE V—GENERAL PROVISIONS 

PART A—DEFINITIONS 

SEC. 5101. DEFINITIONS. 

Except as otherwise provided, in this Act: 

(1) AVERAGE DAILY ATTENDANCE.— (A) IN GENERAL.—Except as provided otherwise by State 

law or this paragraph, the term ‘‘average daily attendance’’ 

means— 


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(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 located in 

another school district, 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. 

(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. 

(2) 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 

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 

(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 preceding year. 

(3) CHARTER SCHOOL.—The term ‘‘charter school’’ means a 

public school that— 

(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; 

(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; 


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(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; 

(D) provides a program of elementary or secondary education, or both; 

(E) is nonsectarian in its programs, admissions policies, 

employment practices, and all other operations; 

(F) does not charge tuition; 

(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; 

(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; 

(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; 

(J) meets all applicable Federal, State, and local health 

and safety requirements; 

(K) operates in accordance with State law; 

(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; and 

(M) may serve pre-kindergarten or postsecondary school 

students. 

(4) CHILD.—The term ‘‘child’’ means any person within the 

age limits for which the State provides free public education. 

(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. 

(6) COMMUNITY-BASED ORGANIZATION.—The term ‘‘community-based organization’’ means a public or private nonprofit organization of demonstrated effectiveness that— 

(A) is representative of a community or significant segments of a community; and 

(B) provides educational or related services to individuals 

in the community. 

(7) CONSOLIDATED LOCAL APPLICATION.—The term ‘‘consolidated local application’’ means an application submitted by a 

local educational agency pursuant to section 5305. 

(8) CONSOLIDATED LOCAL PLAN.—The term ‘‘consolidated local 

plan’’ means a plan submitted by a local educational agency 

pursuant to section 5305. 

(9) CONSOLIDATED STATE APPLICATION.—The term ‘‘consolidated State application’’ means an application submitted by a 

State educational agency pursuant to section 5302. 


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(10) CONSOLIDATED STATE PLAN.—The term ‘‘consolidated 

State plan’’ means a plan submitted by a State educational 

agency pursuant to section 5302. 

(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. 

(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. 

(13) COVERED PROGRAM.—The term ‘‘covered program’’ means 

each of the programs authorized by— 

(A) part A of title I; 

(B) title II; and 

(C) title III. 

(14) 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. 

(15) DEPARTMENT.—The term ‘‘Department’’ means the Department of Education. 

(16) DIRECT STUDENT SERVICES.—The term ‘‘direct student 

services’’ means public school choice or high-quality academic 

tutoring that are designed to help increase academic achievement for students. 

(17) DISTANCE EDUCATION.—The term ‘‘distance education’’ 

means the use of one or more technologies to deliver instruction 

to students who are separated from the instructor and to support regular and substantive interaction between the students 

and the instructor synchronously or nonsynchronously. 

(18) 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. 

(19) 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. 

(20) ENGLISH LEARNER.—The term ‘‘English learner’’, when 

used with respect to an individual, 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; 

(ii)(I) who is a Native American or Alaska Native, or a 

native resident of the outlying areas; and 


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(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 the State’s academic standards 

described in section 1111; 

(ii) the ability to successfully achieve in classrooms 

where the language of instruction is English; or 

(iii) the opportunity to participate fully in society. 

(21) EXTENDED-YEAR ADJUSTED COHORT GRADUATION RATE.— (A) IN GENERAL.—The term ‘‘extended-year adjusted cohort graduation rate’’ means the ratio where— 

(i) the denominator consists of the number of students who form the original cohort of students who entered the entry grade together in the entry year of high 

school, adjusted by— 

(I) adding the students who joined that cohort, 

after the time of the determination of the original 

cohort; and 

(II) subtracting only those students who left that 

cohort, after the time of the determination of the 

original cohort; and 

(ii) the numerator consists of the number of students 

in the cohort, as adjusted under clause (i), who earned 

a regular high school diploma before, during, or at the 

conclusion of— 

(I) one or more additional years beyond the 

fourth year of high school; or 

(II) a summer session immediately following the 

additional year of high school. 

(B) 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, transferred to a prison or juvenile facility, or is deceased. 

(C) TRANSFERRED OUT.— 

(i) IN GENERAL.—For purposes of this paragraph, the 

term ‘‘transferred out’’ means a student who the high 

school or local educational agency has confirmed, according to clause (ii), has transferred— 

(I) to another school from which the student is 

expected to receive a regular high school diploma; 

or 

(II) to another educational program from which 

the student is expected to receive a regular high 

school diploma. 

(ii) CONFIRMATION REQUIREMENTS.— 

(I) DOCUMENTATION REQUIRED.—The confirmation of a student’s transfer to another school or 


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educational program described in clause (i) requires documentation from the receiving school or 

program that the student enrolled in the receiving 

school or program. 

(II) LACK OF CONFIRMATION.—A student who 

was enrolled, but for whom there is no confirmation of the student having transferred out, shall remain in the extended-year adjusted cohort. 

(iii) PROGRAMS NOT PROVIDING CREDIT.—A student 

who is retained in grade or who is enrolled in a GED 

or other alternative educational program that does not 

issue or provide credit toward the issuance of a regular 

high school diploma shall not be considered transferred out and shall remain in the extended-year adjusted cohort. 

(D) SPECIAL RULE.—For those high schools that start 

after grade 9, the original cohort shall be calculated for the 

earliest high school grade students attend no later than the 

effective date for student membership data submitted annually by State educational agencies to the National Center 

for Education Statistics pursuant to section 153 of the Education Sciences Reform Act. 

(22) 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: 

(A) Interactive literacy activities between parents and 

their children. 

(B) Training for parents regarding how to be the primary 

teacher for their children and full partners in the education 

of their children. 

(C) Parent literacy training that leads to economic selfsufficiency. 

(D) An age-appropriate education to prepare children for 

success in school and life experiences. 

(23) FOUR-YEAR ADJUSTED COHORT GRADUATION RATE.— 

(A) IN GENERAL.—The term ‘‘four-year adjusted cohort 

graduation rate’’ means the ratio where— 

(i) the denominator consists of the number of students who form the original cohort of entering firsttime 9th grade students enrolled in the high school no 

later than the effective date for student membership 

data submitted annually by State educational agencies 

to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform 

Act, adjusted by— 

(I) adding the students who joined that cohort, 

after the time of the determination of the original 

cohort; and 

(II) subtracting only those students who left that 

cohort, after the time of the determination of the 

original cohort, as described in subparagraph (B); 

and 


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(ii) the numerator consists of the number of students 

in the cohort, as adjusted under clause (i), who earned 

a regular high school diploma before, during, or at the 

conclusion of— 

(I) the fourth year of high school; or 

(II) a summer session immediately following the 

fourth year of high school. 

(B) 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, transferred to a prison or juvenile facility, or is deceased. 

(C) TRANSFERRED OUT.— (i) IN GENERAL.—For purposes of this paragraph, the 

term ‘‘transferred out’’ means a student who the high 

school or local educational agency has confirmed, according to clause (ii), has transferred— 

(I) to another school from which the student is 

expected to receive a regular high school diploma; 

or 

(II) to another educational program from which 

the student is expected to receive a regular high 

school diploma. 

(ii) CONFIRMATION REQUIREMENTS.— (I) DOCUMENTATION REQUIRED.—The confirmation of a student’s transfer to another school or 

educational program described in clause (i) requires documentation from the receiving school or 

program that the student enrolled in the receiving 

school or program. 

(II) LACK OF CONFIRMATION.—A student who 

was enrolled, but for whom there is no confirmation of the student having transferred out, shall remain in the adjusted cohort. 

(iii) PROGRAMS NOT PROVIDING CREDIT.—A student 

who is retained in grade or who is enrolled in a GED 

or other alternative educational program that does not 

issue or provide credit toward the issuance of a regular 

high school diploma shall not be considered transferred out and shall remain in the adjusted cohort. 

(D) SPECIAL RULE.—For those high schools that start 

after grade 9, the original cohort shall be calculated for the 

earliest high school grade students attend no later than the 

effective date for student membership data submitted annually by State educational agencies to the National Center 

for Education Statistics pursuant to section 153 of the Education Sciences Reform Act. 

(24) 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 school or secondary school education as 

determined under applicable State law, except that the 

term does not include any education provided beyond grade 

12. 


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(25) GRADUATION RATE.—The term ‘‘graduation rate’’ means 

the adjusted cohort graduation rate. 

(26) HIGH-QUALITY ACADEMIC TUTORING.—The term ‘‘highquality academic tutoring’’ means supplemental academic services that— 

(A) are in addition to instruction provided during the 

school day; 

(B) are provided by a non-governmental entity or local 

educational agency that— 

(i) is included on a State educational agency approved provider list after demonstrating to the State 

educational agency that its program consistently improves the academic achievement of students; and 

(ii) agrees to provide parents of children receiving 

high-quality academic tutoring, the appropriate local 

educational agency, and school with information on 

participating students increases in academic achievement, in a format, and to the extent practicable, a language that such parent can understand, and in a manner that protects the privacy of individuals consistent 

with section 444 of the General Education Provisions 

Act (20 U.S.C. 1232g); 

(C) are selected by the parents of students who are identified by the local educational agency as being eligible for 

such services from among providers on the approved provider list described in subparagraph (B)(i); 

(D) meet all applicable Federal, State, and local health, 

safety, and civil rights laws; and 

(E) ensure that all instruction and content are secular, 

neutral, and non-ideological. 

(27) 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. 

(28) 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. 

(29) 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, 

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) BIE 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 


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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. 

(30) 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 of 1990. 

(31) OTHER STAFF.—The term ‘‘other staff’’ means specialized 

instructional support personnel, librarians, career guidance and 

counseling personnel, education aides, and other instructional 

and administrative personnel. 

(32) 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 99–658; 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). 

(33) 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). 

(34) PARENTAL INVOLVEMENT.—The term ‘‘parental involvement’’ means the participation of parents in regular, two-way, 

and meaningful communication involving student academic 

learning and other school activities, including ensuring— 

(A) that parents play an integral role in assisting in their 

child’s learning; 

(B) that parents are encouraged to be actively involved in 

their child’s education at school; 

(C) that parents are full partners in their child’s education and are included, as appropriate, in decisionmaking 


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and on advisory committees to assist in the education of 

their child; and 

(D) the carrying out of other activities, such as those described in section 1118. 

(35) 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. 

(36) PROFESSIONAL DEVELOPMENT.—The term ‘‘professional 

development’’— 

(A) includes activities that— 

(i) improve and increase teachers’ knowledge of the 

academic subjects the teachers teach, and enable teachers to become effective educators; 

(ii) are an integral part of broad schoolwide and districtwide educational improvement plans; 

(iii) give teachers, school leaders, other staff, and administrators the knowledge and skills to provide students with the opportunity to meet State academic 

standards; 

(iv) improve classroom management skills; 

(v)(I) are high quality, job-embedded, and continuous 

in order to have a positive and lasting impact on classroom instruction and the teacher’s performance in the 

classroom; and 

(II) are not 1-day or short-term workshops or conferences; 

(vi) support the recruiting, hiring, and training of effective teachers, including teachers who became certified or licensed through State and local alternative 

routes to certification; 

(vii) advance teacher understanding of effective instructional strategies that are— 

(I) evidence-based; and 

(II) strategies for improving student academic 

achievement or substantially increasing the knowledge and teaching skills of teachers, including 

through addressing the social and emotional development needs of students; and 

(viii) are aligned with and directly related to— 

(I) State academic standards and assessments; 

and 

(II) the curricula and programs tied to the 

standards described in subclause (I); 

(ix) are developed with extensive participation of 

teachers, school leaders, parents, and administrators of 

schools to be served under this Act; 

(x) are designed to give teachers of English learners 

and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate 

language and academic support services to those children, including the appropriate use of curricula and 

assessments; 


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(xi) to the extent appropriate, provide training for 

teachers, other staff, and school leaders in the use of 

technology so that technology and technology applications are effectively used to improve teaching and 

learning in the curricula and core academic subjects in 

which the students receive instruction; 

(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 the professional development; 

(xiii) provide instruction in methods of teaching children with special needs; 

(xiv) include instruction in the use of data and assessments to inform and instruct classroom practice; 

and 

(xv) include instruction in ways that teachers, school 

leaders, specialized instructional support personnel, 

other staff, and school administrators may work more 

effectively with parents; and 

(B) may include activities that— 

(i) involve the forming of partnerships with institutions of higher education to establish school-based 

teacher training programs that provide prospective 

teachers and new teachers with an opportunity to work 

under the guidance of experienced teachers and college 

faculty; 

(ii) create programs to enable paraprofessionals (assisting teachers employed by a local educational agency 

receiving assistance under subpart 1 of part A of title 

I) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers; 

and 

(iii) provide follow-up training to individuals 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. 

(37) REGULAR HIGH SCHOOL DIPLOMA.— 

(A) IN GENERAL.—The term ‘‘regular high school diploma’’ means the standard high school diploma awarded 

to the preponderance of students in the State that is fully 

aligned with State standards, or a higher diploma. 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 COGNITIVE DISABILITIES.—For a student who is assessed using 

an alternate assessment aligned to alternate academic 

standards under section 1111(b)(1)(D), receipt of a regular 

high school diploma as defined under subparagraph (A) or 

a State-defined alternate diploma obtained within the time 

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tion 612(a)(1) of the Individuals with Disabilities Education Act shall be counted as graduating with a regular 

high school diploma for the purposes of this Act. 

(38) SCHOOL LEADER.—The term ‘‘school leader’’ means a 

principal, assistant principal, or other individual who is— 

(A) an employee or officer of a school, local educational 

agency, or other entity operating the school; and 

(B) responsible for— 

(i) the daily instructional leadership and managerial 

operations of the school; and 

(ii) creating the optimum conditions for student 

learning. 

(39) 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. 

(40) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Education. 

(41) 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, 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. 

(42) 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. 

(43) STATE EDUCATIONAL AGENCY.—The term ‘‘State educational agency’’ means the agency primarily responsible for the 

State supervision of public elementary schools and secondary 

schools. 

(44) TECHNOLOGY.—The term ‘‘technology’’ means modern information, computer and communication technology products, 

services, or tools, including, but not limited to, the Internet and 

other communications networks, computer devices and other 

computer and communications hardware, software applications, 

data systems, and other electronic content and data storage. 

SEC. 5102. APPLICABILITY OF TITLE. 

Parts B, C, D, and E of this title do not apply to title IV of this 

Act. 

SEC. 5103. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPERATED SCHOOLS. 

For the purpose of any competitive program under this Act— 


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(1) a consortium of schools operated by the Bureau of Indian 

Education; 

(2) a school operated under a contract or grant with the Bureau of Indian Education in consortium with another contract 

or grant school or a tribal or community organization; or 

(3) a Bureau of Indian Education school in consortium with 

an institution of higher education, a contract or grant school, 

or a tribal or community organization, 

shall be given the same consideration as a local educational agency. 

PART B—FLEXIBILITY IN THE USE OF 

ADMINISTRATIVE AND OTHER FUNDS 

SEC. 5201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR 

ELEMENTARY AND SECONDARY EDUCATION PROGRAMS. 

(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.— (1) IN GENERAL.—A State educational agency may consolidate 

the amounts specifically made available to it for State administration under one or more of the programs under paragraph (2). 

(2) APPLICABILITY.—This section applies to any program 

under this Act under which funds are authorized to be used for 

administration, and such other programs as the Secretary may 

designate. 

(b) USE OF FUNDS.— (1) IN GENERAL.—A State educational agency shall use the 

amount available under this section for the administration of 

the programs included in the consolidation under subsection 

(a). 

(2) ADDITIONAL USES.—A State educational agency may also 

use funds available under this section for administrative activities designed to enhance the effective and coordinated use of 

funds under programs included in the consolidation under subsection (a), such as— 

(A) the coordination of those programs with other Federal 

and non-Federal programs; 

(B) the establishment and operation of peer-review mechanisms under this Act; 

(C) the administration of this title; 

(D) the dissemination of information regarding model 

programs and practices; 

(E) technical assistance under any program under this 

Act; 

(F) State-level activities designed to carry out this title; 

(G) training personnel engaged in audit and other monitoring activities; and 

(H) implementation of the Cooperative Audit Resolution 

and Oversight Initiative of the Department. 

(c) RECORDS.—A State educational agency that consolidates administrative funds under this section shall not be required to keep 

separate records, by individual program, to account for costs relating to the administration of programs included in the consolidation 

under subsection (a). 

(d) REVIEW.—To determine the effectiveness of State administration under this section, the Secretary may periodically review the 

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ministrative funds under this section and take such steps as the 

Secretary finds appropriate to ensure the effectiveness of that administration. 

(e) UNUSED ADMINISTRATIVE FUNDS.—If a State educational 

agency does not use all of the funds available to the agency under 

this section for administration, the agency may use those funds during the applicable period of availability as funds available under 

one or more programs included in the consolidation under subsection (a). 

(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND ASSESSMENT

DEVELOPMENT.—In order to develop State academic standards and 

assessments, a State educational agency may consolidate the 

amounts described in subsection (a) for those purposes under title 

I. 

SEC. 5202. SINGLE LOCAL EDUCATIONAL AGENCY STATES. 

A State educational agency that also serves as a local educational 

agency shall, in its applications or plans under this Act, describe 

how the agency will eliminate duplication in conducting administrative functions. 

SEC. 5203. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR FUNDS. 

(a) GENERAL AUTHORITY.— (1) TRANSFER.—The Secretary shall transfer to the Department of the Interior, as a consolidated amount for covered programs, the Indian education programs under subpart 6 of part 

A of title I, and the education for homeless children and youth 

program under subtitle B of title VII of the McKinney-Vento 

Homeless Assistance Act, the amounts allotted to the Department of the Interior under those programs. 

(2) AGREEMENT.— (A) IN GENERAL.—The Secretary and the Secretary of the 

Interior shall enter into an agreement, consistent with the 

requirements of the programs specified in paragraph (1), 

for the distribution and use of those program funds under 

terms that the Secretary determines best meet the purposes 

of those programs. 

(B) CONTENTS.—The agreement shall— 

(i) set forth the plans of the Secretary of the Interior 

for the use of the amount transferred and the achievement measures to assess program effectiveness; and 

(ii) be developed in consultation with Indian tribes. 

(b) ADMINISTRATION.—The Department of the Interior may use 

not more than 1.5 percent of the funds consolidated under this section for its costs related to the administration of the funds transferred under this section. 

PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS AND 

APPLICATIONS 

SEC. 5301. PURPOSES. 

The purposes of this part are— 

(1) to improve teaching and learning by encouraging greater 

cross-program coordination, planning, and service delivery; 


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(2) to provide greater flexibility to State and local authorities 

through consolidated plans, applications, and reporting; and 

(3) to enhance the integration of programs under this Act 

with State and local programs. 

SEC. 5302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS. 

(a) GENERAL AUTHORITY.— 

(1) SIMPLIFICATION.—In order to simplify application requirements and reduce the burden for State educational agencies 

under this Act, the Secretary, in accordance with subsection (b), 

shall establish procedures and criteria under which, after consultation with the Governor, a State educational agency may 

submit a consolidated State plan or a consolidated State application meeting the requirements of this section for— 

(A) each of the covered programs in which the State participates; and 

(B) such other programs as the Secretary may designate. 

(2) CONSOLIDATED APPLICATIONS AND PLANS.—After consultation with the Governor, a State educational agency that submits 

a consolidated State plan or a consolidated State application 

under this section shall not be required to submit separate 

State plans or applications under any of the programs to which 

the consolidated State plan or consolidated State application 

under this section applies. 

(b) COLLABORATION.— 

(1) IN GENERAL.—In establishing criteria and procedures 

under this section, the Secretary shall collaborate with State 

educational agencies and, as appropriate, with other State 

agencies, local educational agencies, public and private agencies, organizations, and institutions, private schools, and parents, students, and teachers. 

(2) CONTENTS.—Through the collaborative process described 

in paragraph (1), the Secretary shall establish, for each program under this Act to which this section applies, the descriptions, information, assurances, and other material required to 

be included in a consolidated State plan or consolidated State 

application. 

(3) NECESSARY MATERIALS.—The Secretary shall require only 

descriptions, information, assurances (including assurances of 

compliance with applicable provisions regarding participation 

by private school children and teachers), and other materials 

that are absolutely necessary for the consideration of the consolidated State plan or consolidated State application. 

SEC. 5303. CONSOLIDATED REPORTING. 

(a) IN GENERAL.—In order to simplify reporting requirements and 

reduce reporting burdens, the Secretary shall establish procedures 

and criteria under which a State educational agency, in consultation with the Governor of the State, may submit a consolidated 

State annual report. 

(b) CONTENTS.—The report shall contain information about the 

programs included in the report, including the performance of the 

State under those programs, and other matters as the Secretary determines are necessary, such as monitoring activities. 


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(c) REPLACEMENT.—The report shall replace separate individual 

annual reports for the programs included in the consolidated State 

annual report. 

SEC. 5304. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY 

ASSURANCES. 

(a) ASSURANCES.—A State educational agency, in consultation 

with the Governor of the State, that submits a consolidated State 

plan or consolidated State application under this Act, whether separately or under section 5302, shall have on file with the Secretary 

a single set of assurances, applicable to each program for which the 

plan or application is submitted, that provides that— 

(1) each such program will be administered in accordance 

with all applicable statutes, regulations, program plans, and 

applications; 

(2)(A) the control of funds provided under each such program 

and title to property acquired with program funds will be in a 

public agency, an eligible private agency, institution, or organization, or an Indian tribe, if the law authorizing the program 

provides for assistance to those entities; and 

(B) the public agency, eligible private agency, institution, or 

organization, or Indian tribe will administer those funds and 

property to the extent required by the authorizing law; 

(3) the State will adopt and use proper methods of administering each such program, including— 

(A) the enforcement of any obligations imposed by law on 

agencies, institutions, organizations, and other recipients 

responsible for carrying out each program; 

(B) the correction of deficiencies in program operations 

that are identified through audits, monitoring, or evaluation; and 

(C) the adoption of written procedures for the receipt and 

resolution of complaints alleging violations of law in the 

administration of the programs; 

(4) the State will cooperate in carrying out any evaluation of 

each such program conducted by or for the Secretary or other 

Federal officials; 

(5) the State will use such fiscal control and fund accounting 

procedures that will ensure proper disbursement of, and accounting for, Federal funds paid to the State under each such 

program; 

(6) the State will— 

(A) make reports to the Secretary as may be necessary to 

enable the Secretary to perform the Secretary’s duties under 

each such program; and 

(B) maintain such records, provide such information to 

the Secretary, and afford such access to the records as the 

Secretary may find necessary to carry out the Secretary’s 

duties; and 

(7) before the plan or application was submitted to the Secretary, the State afforded a reasonable opportunity for public 

comment on the plan or application and considered such comment. 

(b) GEPA PROVISION.—Section 441 of the General Education Provisions Act shall not apply to programs under this Act. 


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SEC. 5305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS. 

(a) GENERAL AUTHORITY.— 

(1) CONSOLIDATED PLAN.—A local educational agency receiving funds under more than one covered program may submit 

plans or applications to the State educational agency under 

those programs on a consolidated basis. 

(2) AVAILABILITY TO GOVERNOR.—The State educational agency shall make any consolidated local plans and applications 

available to the Governor. 

(b) REQUIRED CONSOLIDATED PLANS OR APPLICATIONS.—A State 

educational agency that has an approved consolidated State plan or 

application under section 5302 may require local educational agencies in the State receiving funds under more than one program included in the consolidated State plan or consolidated State application to submit consolidated local plans or applications under those 

programs, but may not require those agencies to submit separate 

plans. 

(c) COLLABORATION.—A State educational agency, in consultation 

with the Governor, shall collaborate with local educational agencies 

in the State in establishing procedures for the submission of the 

consolidated State plans or consolidated State applications under 

this section. 

(d) NECESSARY MATERIALS.—The State educational agency shall 

require only descriptions, information, assurances, and other material that are absolutely necessary for the consideration of the local 

educational agency plan or application. 

SEC. 5306. OTHER GENERAL ASSURANCES. 

(a) ASSURANCES.—Any applicant, other than a State educational 

agency that submits a plan or application under this Act, shall have 

on file with the State educational agency a single set of assurances, 

applicable to each program for which a plan or application is submitted, that provides that— 

(1) each such program will be administered in accordance 

with all applicable statutes, regulations, program plans, and 

applications; 

(2)(A) the control of funds provided under each such program 

and title to property acquired with program funds will be in a 

public agency or in an eligible private agency, institution, organization, or Indian tribe, if the law authorizing the program 

provides for assistance to those entities; and 

(B) the public agency, eligible private agency, institution, or 

organization, or Indian tribe will administer the funds and 

property to the extent required by the authorizing statutes; 

(3) the applicant will adopt and use proper methods of administering each such program, including— 

(A) the enforcement of any obligations imposed by law on 

agencies, institutions, organizations, and other recipients 

responsible for carrying out each program; and 

(B) the correction of deficiencies in program operations 

that are identified through audits, monitoring, or evaluation; 

(4) the applicant will cooperate in carrying out any evaluation of each such program conducted by or for the State educational agency, the Secretary, or other Federal officials; 


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(5) the applicant will use such fiscal control and fund accounting procedures as will ensure proper disbursement of, and 

accounting for, Federal funds paid to the applicant under each 

such program; 

(6) the applicant will— 

(A) submit such reports to the State educational agency 

(which shall make the reports available to the Governor) 

and the Secretary as the State educational agency and Secretary may require to enable the State educational agency 

and the Secretary to perform their duties under each such 

program; and 

(B) maintain such records, provide such information, and 

afford such access to the records as the State educational 

agency (after consultation with the Governor) or the Secretary may reasonably require to carry out the State educational agency’s or the Secretary’s duties; and 

(7) before the application was submitted, the applicant afforded a reasonable opportunity for public comment on the application and considered such comment. 

(b) GEPA PROVISION.—Section 442 of the General Education Provisions Act shall not apply to programs under this Act. 

PART D—WAIVERS 

SEC. 5401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS. 

(a) IN GENERAL.— 

(1) REQUEST FOR WAIVER.—A State educational agency, local 

educational agency, or Indian tribe that receives funds under a 

program authorized under this Act may submit a request to the 

Secretary to waive any statutory or regulatory requirement of 

this Act. 

(2) RECEIPT OF WAIVER.—Except as provided in subsection (c) 

and subject to the limits in subsection (b)(5)(A), the Secretary 

shall waive any statutory or regulatory requirement of this Act 

for a State educational agency, local educational agency, Indian 

tribe, or school (through a local educational agency), that submits a waiver request pursuant to this subsection. 

(b) PLAN.— 

(1) IN GENERAL.—A State educational agency, local educational agency, or Indian tribe that desires a waiver under 

this section shall submit a waiver request to the Secretary, 

which shall include a plan that— 

(A) identifies the Federal programs affected by the requested waiver; 

(B) describes which Federal statutory or regulatory requirements are to be waived; 

(C) reasonably demonstrates that the waiver will improve 

instruction for students and advance student academic 

achievement; 

(D) describes the methods the State educational agency, 

local educational agency, or Indian tribe will use to monitor the effectiveness of the implementation of the plan; 

(E) describes the State educational agency, local educational agency, or Indian tribe’s process for holding public 


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schools accountable for student academic achievement and 

intervening in low performing schools; and 

(F) describes how schools will continue to provide assistance to the same populations served by programs for which 

the waiver is requested. 

(2) ADDITIONAL INFORMATION.—A waiver request under this 

section— 

(A) may provide for waivers of requirements applicable to 

State educational agencies, local educational agencies, Indian tribes, and schools; and 

(B) shall be developed and submitted— 

(i)(I) by local educational agencies (on behalf of those 

agencies and schools) to State educational agencies; 

and 

(II) by State educational agencies (on their own behalf, or on behalf of, and based on the requests of, local 

educational agencies in the State) to the Secretary; or 

(ii) by Indian tribes (on behalf of schools operated by 

the tribes) to the Secretary. 

(3) GENERAL REQUIREMENTS.— 

(A) STATE EDUCATIONAL AGENCIES.—In the case of a 

waiver request submitted by a State educational agency 

acting on its own behalf, or on behalf of local educational 

agencies in the State, the State educational agency shall— 

(i) provide the public and local educational agencies 

in the State with notice and a reasonable opportunity 

to comment and provide input on the request; 

(ii) submit the comments and input to the Secretary, 

with a description of how the State addressed the comments and input; and 

(iii) provide notice and a reasonable time to comment 

to the public and local educational agencies in the 

manner in which the applying agency customarily provides similar notice and opportunity to comment to the 

public. 

(B) LOCAL EDUCATIONAL AGENCIES.—In the case of a 

waiver request submitted by a local educational agency 

that receives funds under this Act— 

(i) the request shall be reviewed by the State educational agency and be accompanied by the comments, 

if any, of the State educational agency and the public; 

and 

(ii) notice and a reasonable opportunity to comment 

regarding the waiver request shall be provided to the 

State educational agency and the public by the agency 

requesting the waiver in the manner in which that 

agency customarily provides similar notice and opportunity to comment to the public. 

(4) PEER REVIEW.— 

(A) ESTABLISHMENT.—The Secretary shall establish a 

multi-disciplinary peer review team to review waiver requests under this section. 

(B) APPLICABILITY.—The Secretary may approve a waiver 

request under this section without conducting a peer review 


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of the request, but shall use the peer review process under 

this paragraph before disapproving such a request. 

(C) STANDARD AND NATURE OF REVIEW.—Peer reviewers 

shall conduct a good faith review of waiver requests submitted to them under this section. Peer reviewers shall review such waiver requests— 

(i) in their totality; 

(ii) in deference to State and local judgment; and 

(iii) with the goal of promoting State- and local-led 

innovation. 

(5) WAIVER DETERMINATION, DEMONSTRATION, AND REVISION.— 

(A) IN GENERAL.—The Secretary shall approve a waiver 

request not more than 60 days after the date on which such 

request is submitted, unless the Secretary determines and 

demonstrates that— 

(i) the waiver request does not meet the requirements 

of this section; 

(ii) the waiver is not permitted under subsection (c); 

(iii) the plan that is required under paragraph 

(1)(C), and reviewed with deference to State and local 

judgment, provides no reasonable evidence to determine that a waiver will enhance student academic 

achievement; or 

(iv) the waiver request does not provide for adequate 

evaluation to ensure review and continuous improvement of the plan. 

(B) WAIVER DETERMINATION AND REVISION.—If the Secretary determines and demonstrates that the waiver request 

does not meet the requirements of this section, the Secretary 

shall— 

(i) immediately— 

(I) notify the State educational agency, local educational agency, or Indian tribe of such determination; and 

(II) at the request of the State educational agency, local educational agency, or Indian tribe, provide detailed reasons for such determination in 

writing; 

(ii) offer the State educational agency, local educational agency, or Indian tribe an opportunity to revise and resubmit the waiver request not more than 60 

days after the date of such determination; and 

(iii) if the Secretary determines that the resubmission 

does not meet the requirements of this section, at the 

request of the State educational agency, local educational agency, or Indian tribe, conduct a public hearing not more than 30 days after the date of such resubmission. 

(C) WAIVER DISAPPROVAL.—The Secretary may disapprove a waiver request if— 

(i) the State educational agency, local educational 

agency, or Indian tribe has been notified and offered 

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quest, as described under clauses (i) and (ii) of subparagraph (B); and 

(ii) the State educational agency, local educational 

agency, or Indian tribe— 

(I) does not revise and resubmit the waiver request; or 

(II) revises and resubmits the waiver request, 

and the Secretary determines that such waiver request does not meet the requirements of this section 

after a hearing conducted under subparagraph 

(B)(iii), if requested. 

(D) EXTERNAL CONDITIONS.—The Secretary shall not require or impose new or additional requirements in exchange for receipt of a waiver if such requirements are not 

specified in this Act. 

(c) RESTRICTIONS.—The Secretary shall not waive under this section any statutory or regulatory requirements relating to— 

(1) the allocation or distribution of funds to States, local educational agencies, Indian tribes, or other recipients of funds 

under this Act; 

(2) comparability of services; 

(3) use of Federal funds to supplement, not supplant, nonFederal funds; 

(4) equitable participation of private school students and 

teachers; 

(5) parental participation and involvement; 

(6) applicable civil rights requirements; 

(7) the prohibitions— 

(A) in subpart 2 of part E; 

(B) regarding use of funds for religious worship or instruction in section 5505; and 

(C) regarding activities in section 5524; or 

(8) the selection of a school attendance area or school under 

subsections (a) and (b) of section 1113, except that the Secretary 

may grant a waiver to allow a school attendance area or school 

to participate in activities under subpart 1 of part A of title I 

if the percentage of children from low-income families in the 

school attendance area or who attend the school is not more 

than 10 percentage points below the lowest percentage of those 

children for any school attendance area or school of the local 

educational agency that meets the requirements of subsections 

(a) and (b) of section 1113. 

(d) DURATION AND EXTENSION OF WAIVER; LIMITATIONS.— 

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

waiver approved by the Secretary under this section may be for 

a period not to exceed 3 years. 

(2) EXTENSION.—The Secretary may extend the period described in paragraph (1) if the State demonstrates that— 

(A) the waiver has been effective in enabling the State or 

affected recipient to carry out the activities for which the 

waiver was requested and the waiver has contributed to improved student achievement; and 

(B) the extension is in the public interest. 


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(3) SPECIFIC LIMITATIONS.—The Secretary shall not require a 

State educational agency, local educational agency, or Indian 

tribe, as a condition of approval of a waiver request, to— 

(A) include in, or delete from, such request, specific academic standards; 

(B) use specific academic assessment instruments or 

items; or 

(C) include in, or delete from, such waiver request any 

criterion that specifies, defines, or prescribes the standards 

or measures that a State or local educational agency or Indian tribe uses to establish, implement, or improve— 

(i) State academic standards; 

(ii) academic assessments; 

(iii) State accountability systems; or 

(iv) teacher and school leader evaluation systems. 

(e) REPORTS.— 

(1) WAIVER REPORTS.—A State educational agency, local educational agency, or Indian tribe that receives a waiver under 

this section shall, at the end of the second year for which a 

waiver is received under this section and each subsequent year, 

submit a report to the Secretary that— 

(A) describes the uses of the waiver by the agency or by 

schools; 

(B) describes how schools continued to provide assistance 

to the same populations served by the programs for which 

waivers were granted; and 

(C) evaluates the progress of the agency and schools, or 

Indian tribe, in improving the quality of instruction or the 

academic achievement of students. 

(2) REPORT TO CONGRESS.—The Secretary shall annually 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— 

(A) summarizing the uses of waivers by State educational 

agencies, local educational agencies, Indian tribes, and 

schools; and 

(B) describing the status of the waivers in improving academic achievement. 

(f) TERMINATION OF WAIVERS.—The Secretary shall terminate a 

waiver under this section if the Secretary determines, after notice 

and an opportunity for a hearing, that the performance of the State 

or other recipient affected by the waiver has been inadequate to justify a continuation of the waiver and the recipient of the waiver has 

failed to make revisions needed to carry out the purpose of the waiver, or if the waiver is no longer necessary to achieve its original purpose. 

(g) PUBLICATION.—A notice of the Secretary’s decision to grant 

each waiver under subsection (a) shall be published in the Federal 

Register and the Secretary shall provide for the dissemination of the 

notice to State educational agencies, interested parties, including 

educators, parents, students, advocacy and civil rights organizations, and the public. 


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PART E—UNIFORM PROVISIONS 

Subpart 1—Private Schools 

SEC. 5501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND 

TEACHERS. 

(a) PRIVATE SCHOOL PARTICIPATION.— 

(1) IN GENERAL.—Except as otherwise provided in this Act, to 

the extent consistent with the number of eligible children in 

areas served by a State educational agency, local educational 

agency, educational service agency, consortium of those agencies, or another entity receiving financial assistance under a 

program specified in subsection (b), who are enrolled in private 

elementary schools and secondary schools in areas served by 

such agency, consortium, or entity, the agency, consortium, or 

entity shall, after timely and meaningful consultation with appropriate private school officials or their representatives, provide to those children and their teachers or other educational 

personnel, on an equitable basis, special educational services or 

other benefits that address their needs under the program. 

(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL SERVICES OR

BENEFITS.—Educational services or other benefits, including 

materials and equipment, provided under this section, shall be 

secular, neutral, and nonideological. 

(3) SPECIAL RULE.—Educational services and other benefits 

provided under this section for private school children, teachers, 

and other educational personnel shall be equitable in comparison to services and other benefits for public school children, 

teachers, and other educational personnel participating in the 

program and shall be provided in a timely manner. 

(4) EXPENDITURES.— 

(A) IN GENERAL.—Expenditures for educational services 

and other benefits to eligible private school children, teachers, and other service personnel shall be equal to the expenditures for participating public school children, taking 

into account the number and educational needs, of the children to be served. 

(B) OBLIGATION OF FUNDS.—Funds allocated to a local 

educational agency for educational services and other benefits to eligible private school children shall— 

(i) be obligated in the fiscal year for which the funds 

are received by the agency; and 

(ii) with respect to any such funds that cannot be so 

obligated, be used to serve such children in the following fiscal year. 

(C) NOTICE OF ALLOCATION.—Each State educational 

agency shall— 

(i) determine, in a timely manner, the proportion of 

funds to be allocated to each local educational agency 

in the State for educational services and other benefits 

under this subpart to eligible private school children; 

and 

(ii) provide notice, simultaneously, to each such local 

educational agency and the appropriate private school 


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officials or their representatives in the State of such allocation of funds. 

(5) PROVISION OF SERVICES.—An agency, consortium, or entity 

described in subsection (a)(1) of this section may provide those 

services directly or through contracts with public and private 

agencies, organizations, and institutions. 

(b) APPLICABILITY.— 

(1) IN GENERAL.—This section applies to programs under— 

(A) subpart 2 of part A of title I; 

(B) subpart 4 of part A of title I; 

(C) part A of title II; 

(D) part B of title II; and 

(E) part B of title III. 

(2) DEFINITION.—For the purpose of this section, the term ‘‘eligible children’’ means children eligible for services under a program described in paragraph (1). 

(c) CONSULTATION.— 

(1) IN GENERAL.—To ensure timely and meaningful consultation, a State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity 

shall consult, in order to reach an agreement, with appropriate 

private school officials or their representatives during the design and development of the programs under this Act, on issues 

such as— 

(A) how the children’s needs will be identified; 

(B) what services will be offered; 

(C) how, where, and by whom the services will be provided; 

(D) how the services will be assessed and how the results 

of the assessment will be used to improve those services; 

(E) the size and scope of the equitable services to be provided to the eligible private school children, teachers, and 

other educational personnel and the amount of funds available for those services; 

(F) how and when the agency, consortium, or entity will 

make decisions about the delivery of services, including a 

thorough consideration and analysis of the views of the private school officials or their representatives on the provision 

of services through potential third-party providers or contractors; and 

(G) how, if the agency disagrees with the views of the private school officials or their representatives on the provision 

of services through a contract, the local educational agency 

will provide in writing to such private school officials or 

their representatives an analysis of the reasons why the 

local educational agency has chosen not to use a contractor. 

(2) DISAGREEMENT.—If the agency, consortium, or entity disagrees with the views of the private school officials or their representatives with respect to an issue described in paragraph (1), 

the agency, consortium, or entity shall provide to the private 

school officials or their representatives a written explanation of 

the reasons why the local educational agency has chosen not to 

adopt the course of action requested by such officials or their 

representatives. 


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(3) TIMING.—The consultation required by paragraph (1) 

shall occur before the agency, consortium, or entity makes any 

decision that affects the opportunities of eligible private school 

children, teachers, and other educational personnel to participate in programs under this Act, and shall continue throughout 

the implementation and assessment of activities under this section. 

(4) DISCUSSION REQUIRED.—The consultation required by 

paragraph (1) shall include a discussion of service delivery 

mechanisms that the agency, consortium, or entity could use to 

provide equitable services to eligible private school children, 

teachers, administrators, and other staff. 

(5) DOCUMENTATION.—Each local educational agency shall 

maintain in the agency’s records and provide to the State educational agency involved a written affirmation signed by officials or their representatives of each participating private school 

that the meaningful consultation required by this section has 

occurred. The written affirmation shall provide the option for 

private school officials or their representatives to indicate that 

timely and meaningful consultation has not occurred or that 

the program design is not equitable with respect to eligible private school children. If such officials or their representatives do 

not provide such affirmation within a reasonable period of time, 

the local educational agency shall forward the documentation 

that such consultation has, or attempts at such consultation 

have, taken place to the State educational agency. 

(6) COMPLIANCE.— 

(A) IN GENERAL.—If the consultation required under this 

section is with a local educational agency or educational 

service agency, a private school official or representative 

shall have the right to file a complaint with the State educational agency that the consultation required under this 

section was not meaningful and timely, did not give due 

consideration to the views of the private school official or 

representative, or did not treat the private school or its students equitably as required by this section. 

(B) PROCEDURE.—If the private school official or representative wishes to file a complaint, the private school official or representative shall provide the basis of the noncompliance with this section and all parties shall provide 

the appropriate documentation to the appropriate officials 

or representatives. 

(C) SERVICES.—A State educational agency shall provide 

services under this section directly or through contracts 

with public and private agencies, organizations, and institutions, if— 

(i) the appropriate private school officials or their 

representatives have— 

(I) requested that the State educational agency 

provide such services directly; and 

(II) demonstrated that the local educational 

agency or Education Service Agency involved has 

not met the requirements of this section; or 

(ii) in a case in which— 


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(I) a local educational agency has more than 

10,000 children from low-income families who attend private elementary schools or secondary 

schools in such agency’s school attendance areas, 

as defined in section 1113(a)(2)(A), that are not 

being served by the agency’s program under this 

section; or 

(II) 90 percent of the eligible private school students in a school attendance area, as defined in 

section 1113(a)(2)(A), are not being served by the 

agency’s program under this section. 

(d) PUBLIC CONTROL OF FUNDS.— 

(1) IN GENERAL.—The control of funds used to provide services under this section, and title to materials, equipment, and 

property purchased with those funds, shall be in a public agency for the uses and purposes provided in this Act, and a public 

agency shall administer the funds and property. 

(2) PROVISION OF SERVICES.— 

(A) IN GENERAL.—The provision of services under this 

section shall be provided— 

(i) by employees of a public agency; or 

(ii) through contract by the public agency with an individual, association, agency, organization, or other entity. 

(B) INDEPENDENCE; PUBLIC AGENCY.—In the provision of 

those services, the employee, person, association, agency, organization, or other entity shall be independent of the private school and of any religious organization, and the employment or contract shall be under the control and supervision of the public agency. 

(C) COMMINGLING OF FUNDS PROHIBITED.—Funds used to 

provide services under this section shall not be commingled 

with non-Federal funds. 

SEC. 5502. STANDARDS FOR BY-PASS. 

(a) IN GENERAL.—If, by reason of any provision of law, a State 

educational agency, local educational agency, educational service 

agency, consortium of those agencies, or other entity is prohibited 

from providing for the participation in programs of children enrolled in, or teachers or other educational personnel from, private 

elementary schools and secondary schools, on an equitable basis, or 

if the Secretary determines that the agency, consortium, or entity 

has substantially failed or is unwilling to provide for that participation, as required by section 5501, the Secretary shall— 

(1) waive the requirements of that section for the agency, consortium, or entity; and 

(2) arrange for the provision of equitable services to those 

children, teachers, or other educational personnel through arrangements that shall be subject to the requirements of this section and of sections 5501, 5503, and 5504. 

(b) DETERMINATION.—In making the determination under subsection (a), the Secretary shall consider one or more factors, including the quality, size, scope, and location of the program, and the opportunity of private school children, teachers, and other educational 

personnel to participate in the program. 


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SEC. 5503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE 

SCHOOL CHILDREN. 

(a) PROCEDURES FOR COMPLAINTS.—The Secretary shall develop 

and implement written procedures for receiving, investigating, and 

resolving complaints from parents, teachers, or other individuals 

and organizations concerning violations of section 5501 by a State 

educational agency, local educational agency, educational service 

agency, consortium of those agencies, or entity. The individual or organization shall submit the complaint to the State educational 

agency for a written resolution by the State educational agency 

within 45 days. 

(b) APPEALS TO SECRETARY.—The resolution may be appealed by 

an interested party to the Secretary not later than 30 days after the 

State educational agency resolves the complaint or fails to resolve 

the complaint within the 45-day time limit. The appeal shall be accompanied by a copy of the State educational agency’s resolution, 

and, if there is one, a complete statement of the reasons supporting 

the appeal. The Secretary shall investigate and resolve the appeal 

not later than 90 days after receipt of the appeal. 

SEC. ø9504¿ 5504. BY-PASS DETERMINATION PROCESS. 

(a) REVIEW.— 

(1) IN GENERAL.— 

(A) WRITTEN OBJECTIONS.—The Secretary shall not take 

any final action under øsection 9502¿ section 5502 until 

the State educational agency, local educational agency, 

educational service agency, consortium of those agencies, 

or entity affected by the action has had an opportunity, for 

not less than 45 days after receiving written notice thereof, 

to submit written objections and to appear before the Secretary to show cause why that action should not be taken. 

* * * * * * * 

(b) DETERMINATION.—Any determination by the Secretary under 

this section shall continue in effect until the Secretary determines, 

in consultation with that agency, consortium, or entity and representatives of the affected private school children, teachers, or 

other educational personnel, that there will no longer be any failure or inability on the part of the agency, consortium, or entity to 

meet the applicable requirements of øsection 9501¿ section 5501 or 

any other provision of this Act. 

* * * * * * * 

(d) PRIOR DETERMINATION.—Any by-pass determination by the 

Secretary under this Act as in effect on the day preceding the date 

of enactment of the øNo Child Left Behind Act of 2001¿ Student 

Success Act shall remain in effect to the extent the Secretary determines that that determination is consistent with the purpose of 

this section. 

SEC. ø9505¿ 5505. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP OR INSTRUCTION. 

Nothing contained in this Act shall be construed to authorize the 

making of any payment under this Act for religious worship or instruction. 


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SEC. ø9506¿ 5506. PRIVATE, RELIGIOUS, AND HOME SCHOOLS. 

(a) * * * 

* * * * * * * 

Subpart 2—Prohibitions 

SEC. 5521. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, 

OR CONTROL. 

(a) IN GENERAL.—No officer or employee of the Federal Government shall, directly or indirectly—through grants, contracts, or 

other cooperative agreements—mandate, direct, or control a State, 

local educational agency, or school’s specific instructional content, 

academic standards and assessments, curricula, or program of instruction, nor shall anything in this Act be construed to authorize 

such officer or employee to do so. 

(b) FINANCIAL SUPPORT.—No officer or employee of the Federal 

Government shall, directly or indirectly—through grants, contracts, 

or other cooperative agreements—make financial support available 

in a manner that is conditioned upon a State, local educational 

agency, or school’s adoption of specific instructional content, academic standards and assessments, curriculum, or program of instruction even if such requirements are specified in an Act other 

than this Act, nor shall anything in this Act be construed to authorize such officer or employee to do so. 

SEC. 5522. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF 

FEDERAL FUNDS. 

(a) GENERAL PROHIBITION.—Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government directly or indirectly—whether through a grant, contract, or 

cooperative agreement—to mandate, direct, or control a State, local 

educational agency, or school’s curriculum, program of instruction, 

or allocation of State or local resources, or mandate a State or any 

subdivision thereof to spend any funds or incur any costs not paid 

for under this Act. 

(b) PROHIBITION ON ENDORSEMENT OF CURRICULUM.—Notwithstanding any other prohibition of Federal law, no funds provided to 

the Department under this Act may be used by the Department directly or indirectly—whether through a grant, contract, or cooperative agreement—to endorse, approve, develop, require, or sanction 

any curriculum designed to be used in an elementary school or secondary school. 

(c) LOCAL CONTROL.—Nothing in this Act shall be construed to— 

(1) authorize an officer or employee of the Federal Government directly or indirectly—whether through a grant, contract, 

or cooperative agreement—to mandate, direct, review, or control 

a State, local educational agency, or school’s instructional content, curriculum, and related activities; 

(2) limit the application of the General Education Provisions 

Act; 

(3) require the distribution of scientifically or medically false 

or inaccurate materials or to prohibit the distribution of scientifically or medically true or accurate materials; or 

(4) create any legally enforceable right. 


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(d) PROHIBITION ON REQUIRING FEDERAL APPROVAL OR CERTIFICATION OF STANDARDS.—Notwithstanding any other provision of 

Federal law, no State shall be required to have academic standards 

approved or certified by the Federal Government, in order to receive 

assistance under this Act. 

(e) RULE OF CONSTRUCTION ON BUILDING STANDARDS.—Nothing 

in this Act shall be construed to mandate national school building 

standards for a State, local educational agency, or school. 

SEC. 5523. PROHIBITION ON FEDERALLY SPONSORED TESTING. 

(a) GENERAL PROHIBITION.—Notwithstanding any other provision 

of Federal law and except as provided in subsection (b), no funds 

provided under this Act to the Secretary or to the recipient of any 

award may be used to develop, pilot test, field test, implement, administer, or distribute any federally sponsored national test or testing materials in reading, mathematics, or any other subject, unless 

specifically and explicitly authorized by law. 

(b) EXCEPTIONS.—Subsection (a) shall not apply to international 

comparative assessments developed under the authority of section 

153(a)(5) of the Education Sciences Reform Act of 2002 and administered to only a representative sample of pupils in the United States 

and in foreign nations. 

SEC. 5524. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION 

FOR TEACHERS. 

(a) MANDATORY NATIONAL TESTING OR CERTIFICATION OF TEACHERS.—Notwithstanding any other provision of this Act or any other 

provision of law, no funds available to the Department or otherwise 

available under this Act may be used for any purpose relating to a 

mandatory nationwide test or certification of teachers or education 

paraprofessionals, including any planning, development, implementation, or administration of such test or certification. 

(b) PROHIBITION ON WITHHOLDING FUNDS.—The Secretary is prohibited from withholding funds from any State educational agency 

or local educational agency if the State educational agency or local 

educational agency fails to adopt a specific method of teacher or 

paraprofessional certification. 

SEC. 5525. PROHIBITED USES OF FUNDS. 

No funds under this Act may be used— 

(1) for construction, renovation, or repair of any school facility, except as authorized under title IV or otherwise authorized 

under this Act; 

(2) for medical services, drug treatment or rehabilitation, except for specialized instructional support services or referral to 

treatment for students who are victims of, or witnesses to, crime 

or who illegally use drugs; 

(3) for transportation unless otherwise authorized under this 

Act; 

(4) to develop or distribute materials, or operate programs or 

courses of instruction directed at youth, that are designed to 

promote or encourage sexual activity, whether homosexual or 

heterosexual; 

(5) to distribute or to aid in the distribution by any organization of legally obscene materials to minors on school grounds; 


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(6) to provide sex education or HIV-prevention education in 

schools unless that instruction is age appropriate and includes 

the health benefits of abstinence; or 

(7) to operate a program of contraceptive distribution in 

schools. 

SEC. ø9531¿ 5526. PROHIBITION ON NATIONWIDE DATABASE. 

Nothing in this Act (other than section 1308(b)) shall be construed to authorize the development of a nationwide database of 

personally identifiable information on individuals involved in studies or other collections of data under this Act. 

SEC. ø9533¿ 5527. PROHIBITION ON DISCRIMINATION. 

Nothing in this Act shall be construed to require, authorize, or 

permit, the Secretary, or a State educational agency, local educational agency, or school to grant to a student, or deny or impose 

upon a student, any financial or educational benefit or burden, in 

violation of the fifth or 14th amendments to the Constitution or 

other law relating to discrimination in the provision of federally 

funded programs or activities. 

SEC. ø9534¿ 5528. CIVIL RIGHTS. 

ø(a) IN GENERAL.—Nothing¿ Nothing in this Act shall be construed to permit discrimination on the basis of race, color, religion, 

sex (except as otherwise permitted under title IX of the Education 

Amendments of 1972), national origin, or disability in any program 

funded under this Act. 

ø(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 part B of title V, at the commencement of the entity’s participation in a grant under section 1116 of title I or part B of title V.¿ 

Subpart 3—Other Provisions 

SEC. 5541. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND 

STUDENT RECRUITING INFORMATION. 

(a) POLICY.— 

(1) ACCESS TO STUDENT RECRUITING INFORMATION.—Notwithstanding section 444(a)(5)(B) of the General Education Provisions Act, each local educational agency receiving assistance 

under this Act shall provide, upon a request made by a military 

recruiter or an institution of higher education, access to the 

name, address, and telephone listing of each secondary school 

student served by the local educational agency, unless the parent of such student has submitted the prior consent request 

under paragraph (2). 

(2) CONSENT.— 

(A) OPT-OUT PROCESS.—A parent of a secondary school 

student may submit a written request, to the local educational agency, that the student’s name, address, and telephone listing not be released for purposes of paragraph (1) 

without prior written consent of the parent. Upon receiving 

such request, the local educational agency may not release 

the student’s name, address, and telephone listing for such 

purposes without the prior written consent of the parent. 


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(B) NOTIFICATION OF OPT-OUT PROCESS.—Each local educational agency shall notify the parents of the students 

served by the agency of the option to make a request described in subparagraph (A). 

(3) SAME ACCESS TO STUDENTS.—Each local educational 

agency receiving assistance under this Act shall provide military recruiters the same access to secondary school students as 

is provided generally to institutions of higher education or to 

prospective employers of those students. 

(4) RULE OF CONSTRUCTION PROHIBITING OPT-IN PROCESSES.—Nothing in this subsection shall be construed to allow 

a local educational agency to withhold access to a student’s 

name, address, and telephone listing from a military recruiter 

or institution of higher education by implementing an opt-in 

process or any other process other than the written consent request process under paragraph (2)(A). 

(5) PARENTAL CONSENT.—For purposes of this subsection, 

whenever a student has attained 18 years of age, the permission 

or consent required of and the rights accorded to the parents of 

the student shall only be required of and accorded to the student. 

(b) NOTIFICATION.—The Secretary, in consultation with the Secretary of Defense, shall, not later than 120 days after the date of enactment of the Student Success Act, notify school leaders, school administrators, and other educators about the requirements of this section. 

(c) EXCEPTION.—The requirements of this section do not apply to 

a private secondary school that maintains a religious objection to 

service in the Armed Forces if the objection is verifiable through the 

corporate or other organizational documents or materials of that 

school. 

SEC. 5542. RULEMAKING. 

The Secretary shall issue regulations under this Act as prescribed 

under section 1401 only to the extent that such regulations are necessary to ensure that there is compliance with the specific requirements and assurances required by this Act. 

SEC. 5543. PEER REVIEW. 

(a) IN GENERAL.—If the Secretary uses a peer review panel to 

evaluate an application for any program required under this Act, 

the Secretary shall conduct it in accordance with this section. 

(b) MAKEUP.—The Secretary shall— 

(1) solicit nominations for peers to serve on the panel from 

States that are— 

(A) practitioners in the subject matter; or 

(B) experts in the subject matter; and 

(2) select the peers from such nominees, except that there 

shall be at least 75 percent practitioners on each panel and in 

each group formed from the panel. 

(c) GUIDANCE.—The Secretary shall issue the peer review guidance concurrently with the notice of the grant. 

(d) REPORTING.—The Secretary shall— 

(1) make the names of the peer reviewers available to the public before the final deadline for the application of the grant; 


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(2) make the peer review notes publically available once the 

review has concluded; and 

(3) make any deviations from the peer reviewers’ recommendations available to the public with an explanation of 

the deviation. 

(e) APPLICANT REVIEWS.—An applicant shall have an opportunity 

within 30 days to review the peer review notes and appeal the score 

to the Secretary prior to the Secretary making any final determination. 

(f) PROHIBITION.—The Secretary, and the Secretary’s staff, may 

not attempt to participate in, or influence, the peer review process. 

No Federal employee may participate in, or attempt to influence the 

peer review process, except to respond to questions of a technical nature, which shall be publicly reported. 

SEC. 5544. 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 funded under part B of title III. 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 Act, other than classroom instruction. 

SEC. ø9522¿ 5545. PROHIBITION REGARDING STATE AID. 

A State shall not take into consideration payments under this 

Act (other than under title VIII) in determining the eligibility of 

any local educational agency in that State for State aid, or the 

amount of State aid, with respect to free public education of children. 

SEC. ø9523¿ 5546. PRIVACY OF ASSESSMENT RESULTS. 

Any results from an individual assessment referred to in this Act 

of a student that become part of the education records of the student shall have the protections provided in section 444 of the General Education Provisions Act. 

SEC. ø9524¿ 5547. SCHOOL PRAYER. 

(a) * * * 

* * * * * * * 

SEC. ø9525¿ 5548. EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES. 

(a) * * * 

* * * * * * * 

SEC. ø4141¿ 5549. GUN-FREE REQUIREMENTS. 

(a) * * * 

* * * * * * * 

SEC. ø4155¿ 5550. TRANSFER OF SCHOOL DISCIPLINARY RECORDS. 

(a) * * * 

* * * * * * * 

SEC. 5551. SEVERABILITY 

If any provision of this Act is held invalid, the remainder of this 

Act shall be unaffected thereby. 

SEC. 5552. DEPARTMENT STAFF 

The Secretary shall— 


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(1) not later than 60 days after the date of the enactment of 

the Student Success Act, identify the number of Department employees who worked on or administered each education program 

and project authorized under this Act, as such program or 

project was in effect on the day before such enactment date, and 

publish such information on the Department’s website; 

(2) not later than 60 days after such enactment date, identify 

the number of full-time equivalent employees who work on or 

administer programs or projects authorized under this Act, as 

in effect on the day before such enactment date, that have been 

eliminated or consolidated since such date; 

(3) not later than 1 year after such enactment date, reduce the 

workforce of the Department by the number of full-time equivalent employees the Department calculated under paragraph (2); 

and 

(4) not later than 1 year after such enactment date, report to 

the Congress on— 

(A) the number of employees associated with each program or project authorized under this Act administered by 

the Department; 

(B) the number of full-time equivalent employees who 

were determined to be associated with eliminated or consolidated programs or projects under paragraph (2); and 

(C) how the Secretary reduced the number of employees 

at the Department under paragraph (3). 

PART F—EVALUATIONS 

SEC. 5601. EVALUATIONS 

(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— 

(1) to conduct— 

(A) comprehensive evaluations of the program or project; 

and 

(B) studies of the effectiveness of the program or project 

and its administrative impact on schools and local educational agencies; 

(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 

(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. 

(b) TITLE I EXCLUDED.—The Secretary may not reserve under subsection (a) funds appropriated to carry out any program authorized 

under title I. 

(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 


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funds under this section for the evaluation of that program or 

project. 

* * * * * * * 

øTITLE VII—INDIAN, NATIVE HAWAIIAN, 

AND ALASKA NATIVE EDUCATION 

øPART A—INDIAN EDUCATION 

øSEC. 7101. STATEMENT OF POLICY. 

øIt is the policy of the United States to fulfill the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children. The Federal Government will continue to work with local 

educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities toward the goal of ensuring 

that programs that serve Indian children are of the highest quality 

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

øSEC. 7102. 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; 

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. 

øSubpart 1—Formula Grants to Local Educational 

Agencies 

øSEC. 7111. 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. 


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øSEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES. 

ø(a) IN GENERAL.—The Secretary may make grants, from allocations made under section 7113, to local educational agencies and 

Indian tribes, in accordance with this section and section 7113. 

ø(b) LOCAL EDUCATIONAL AGENCIES.— ø(1) ENROLLMENT REQUIREMENTS.—A local educational agency shall be eligible for a grant under this subpart for any fiscal 

year if the number of Indian children eligible under section 

7117 who were enrolled in the schools of the agency, and to 

whom the agency provided free public education, during the 

preceding fiscal year— 

ø(A) was at least 10; or 

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

number of individuals enrolled in the schools of such agency. 

ø(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, a 

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. 

øSEC. 7113. AMOUNT OF GRANTS. 

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

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

subpart an amount equal to the product of— 

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

under section 7117 and served by such agency; and 

ø(B) the greater of— 

ø(i) the average per pupil expenditure of the State 

in which such agency is located; or 

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

of all the States. 

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

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

ø(b) MINIMUM GRANT.— 

ø(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 Bureau of Indian Affairs 

that is eligible for a grant under subsection (d), that submits 

an application that is approved by the Secretary, shall, subject 

to appropriations, receive a grant under this subpart in an 

amount that is not less than $3,000. 


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ø(2) CONSORTIA.—Local educational agencies may form a 

consortium for the purpose of obtaining grants under this subpart. 

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

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

grantees if the Secretary determines such increase is necessary 

to ensure the quality of the programs provided. 

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

amount equal to— 

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

local educational agencies in the State, plus any direct current 

expenditures by the State for the operation of such agencies, 

without regard to the sources of funds from which such local 

or State expenditures were made, during the second fiscal year 

preceding the fiscal year for which the computation is made; 

divided by 

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

average daily attendance for whom such agencies provided free 

public education during such preceding fiscal year. 

ø(d) SCHOOLS OPERATED OR SUPPORTED BY THE BUREAU OF INDIAN AFFAIRS.— 

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

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

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

product of— 

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

schools that are operated by— 

ø(i) the Bureau of Indian Affairs; or 

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

sanctioned by an Indian tribal government, for the 

children of that tribe under a contract with, or grant 

from, the Department of the Interior under the Indian 

Self-Determination Act or the Tribally Controlled 

Schools Act of 1988; and 

ø(B) the greater of— 

ø(i) the average per pupil expenditure of the State 

in which the school is located; or 

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

of all the States. 

ø(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 section 7114(c)(4), section 7118(c), or section 7119. 

ø(e) RATABLE REDUCTIONS.—If the sums appropriated for any fiscal year under section 7152(a) 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. 

øSEC. 7114. APPLICATIONS. 

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

desires to receive a grant under this subpart shall submit an appliVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00532 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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cation to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. 

ø(b) COMPREHENSIVE PROGRAM REQUIRED.—Each application 

submitted under subsection (a) shall include a description of a comprehensive program for meeting the needs of Indian children 

served by the local educational agency, including the language and 

cultural needs of the children, that— 

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

needs of American Indian and Alaska Native students; 

ø(2)(A) is consistent with the State and local plans submitted 

under other provisions of this Act; and 

ø(B) includes academic content and student academic 

achievement goals for such children, and benchmarks for attaining such goals, that are based on the challenging State 

academic content and student academic achievement standards 

adopted under title I for all children; 

ø(3) explains how Federal, State, and local programs, especially programs carried out under title I, will meet the needs 

of such students; 

ø(4) demonstrates how funds made available under this subpart will be used for activities described in section 7115; 

ø(5) describes the professional development opportunities 

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

ø(A) teachers and other school professionals who are 

new to the Indian community are prepared to work with 

Indian children; and 

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

carry out such programs; and 

ø(6) describes how the local educational agency— 

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

children enrolled in the schools of the local educational 

agency, including Indian children who do not participate in 

programs assisted under this subpart, in meeting the goals 

described in paragraph (2); 

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

to in subparagraph (A) to— 

ø(i) the committee described in subsection (c)(4); and 

ø(ii) the community served by the local educational 

agency; and 

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

subparagraph (A). 

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

(a) shall include assurances that— 

ø(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 the education of 

Indian children, and not to supplant such funds; 

ø(2) 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— 


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

subpart; and 

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

with funds provided to the local educational agency under 

this subpart are effective in improving the educational 

achievement of Indian students served by such agency; 

ø(3) the program for which assistance is sought— 

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

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

Native students for whom the local educational agency is 

providing an education; 

ø(B) will use the best available talents and resources, including individuals from the Indian community; and 

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

with parents of Indian children and teachers, 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; and 

ø(4) the local educational agency developed the program with 

the participation and written approval of a committee— 

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

ø(i) parents of Indian children in the local educational agency’s schools; 

ø(ii) teachers in the schools; and 

ø(iii) if appropriate, Indian students attending secondary schools of the agency; 

ø(B) a majority of whose members are parents of Indian 

children; 

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

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

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

ø(D) with respect to an application describing a 

schoolwide program in accordance with section 7115(c), 

that has— 

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

ø(ii) determined that the program will not diminish 

the availability of culturally related activities for 

American Indian and Alaska Native students; and 

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

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

øSEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES. 

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

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

in a manner consistent with the purpose specified in section 7111, 

for services and activities that— 

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

the local educational agency for Indian students, and described 


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in the application of the local educational agency submitted to 

the Secretary under section 7114(a); 

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

cultural needs of the Indian students; and 

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

such agency. 

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

to in subsection (a) may include— 

ø(1) culturally related activities that support the program described in the application submitted by the local educational 

agency; 

ø(2) early childhood and family programs that emphasize 

school readiness; 

ø(3) enrichment programs that focus on problem solving and 

cognitive skills development and directly support the attainment of challenging State academic content and student academic achievement standards; 

ø(4) integrated educational services in combination with 

other programs that meet the needs of Indian children and 

their families; 

ø(5) career preparation activities to enable Indian students 

to participate in programs such as the programs supported by 

the Carl D. Perkins Career and Technical Education Act of 

2006, including programs for tech-prep education, mentoring, 

and apprenticeship; 

ø(6) activities to educate individuals concerning substance 

abuse and to prevent substance abuse; 

ø(7) the acquisition of equipment, but only if the acquisition 

of the equipment is essential to achieve the purpose described 

in section 7111; 

ø(8) activities that promote the incorporation of culturally responsive teaching and learning strategies into the educational 

program of the local educational agency; 

ø(9) activities that incorporate American Indian and Alaska 

Native specific curriculum content, consistent with State 

standards, into the curriculum used by the local educational 

agency; 

ø(10) family literacy services; and 

ø(11) activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate 

appropriately qualified tribal elders and seniors. 

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

ø(1) the committee established pursuant to section 7114(c)(4) 

approves the use of the funds for the schoolwide program; and 

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

described in section 7111. 

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

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

any fiscal year may be used for administrative purposes. 


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øSEC. 7116. INTEGRATION OF SERVICES AUTHORIZED. 

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

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

related services provided to Indian students. 

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

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

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

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

in a manner that integrates the program services involved into a 

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

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

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

serving Indian children, or the funds reserved under any Federal 

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

services that would be used to serve Indian students. 

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

to subsection (b), the plan shall— 

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

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

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

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

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

and delivered and the results expected from the plan; 

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

single budget; 

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

be involved in the delivery of the services integrated under the 

plan; 

ø(7) identify any statutory provisions, regulations, policies, 

or procedures that the entity believes need to be waived in 

order to implement the plan; 

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

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

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

section 7114(c)(4), if such a committee exists. 

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

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

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

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

the entity to implement the plan. Notwithstanding any other proviVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00536 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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sion of law, the Secretary of the affected department shall have the 

authority to waive any regulation, policy, or procedure promulgated 

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

subpart or those provisions of the statute from which the program 

involved derives authority that are specifically applicable to Indian 

students. 

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

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

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

the reasons for the disapproval and shall be given an opportunity 

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

disapproval. 

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

than 180 days after the date of enactment of the No Child Left Behind Act of 2001, the Secretary of Education, the Secretary of the 

Interior, 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 of the demonstration projects authorized under this section. The lead agency head for a demonstration project under this 

section shall be— 

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

meeting the definition of a contract or grant school under title 

XI of the Education Amendments of 1978; or 

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

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

the lead agency shall include— 

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

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

to report on the activities undertaken under the project; 

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

expenditures for the individual project which shall be used by 

an eligible entity to report on all project expenditures; 

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

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

and 

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

appropriate to the project, except that an eligible entity shall 

have the authority to accept or reject the plan for providing 

such technical assistance and the technical assistance provider. 

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

section. Such report format shall require that reports described in 

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

will allow a determination that the eligible entity has complied 

with the requirements incorporated in its approved plan, including 

making a demonstration of student academic achievement, and will 

provide assurances to each Secretary that the eligible entity has 

complied with all directly applicable statutory requirements and 


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with those directly applicable regulatory requirements that have 

not been waived. 

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

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

section. 

ø(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.—The Secretary is authorized to take such action as may be necessary to provide for an interagency transfer of funds otherwise available to an 

eligible entity in order to further the objectives of this section. 

ø(l) ADMINISTRATION OF FUNDS.— ø(1) IN GENERAL.—Program funds for the consolidated programs shall be administered in such a manner as to allow for 

a determination that funds from a specific program are spent 

on allowable activities authorized under such program, except 

that the eligible entity shall determine the proportion of the 

funds granted that shall be allocated to such program. 

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

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

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

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

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

amount of the commingled funds and the actual administrative cost 

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

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

lead agency to fulfill the responsibilities for the safeguarding of 

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

Code. 

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 


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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. 

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

‘‘Secretary’’ means— 

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

meeting the definition of a contract or grant school under title 

XI of the Education Amendments of 1978; or 

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

øSEC. 7117. STUDENT ELIGIBILITY FORMS. 

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

application for a grant under this subpart, each applicant shall 

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

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

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

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

ø(1) either— 

ø(A)(i) the name of the tribe or band of Indians (as defined in section 7151) with respect to which the child 

claims membership; 

ø(ii) the enrollment number establishing the membership of the child (if readily available); and 

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

maintains updated and accurate membership data for such 

tribe or band of Indians; or 

ø(B) the name, the enrollment 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(2) a statement of whether the tribe or band of Indians (as 

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

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

of the child; 

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

that verifies the accuracy of the information supplied; and 

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

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

construed to affect a definition contained in section 7151. 

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 


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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. 

ø(f) MONITORING AND EVALUATION REVIEW.— ø(1) IN GENERAL.— ø(A) REVIEW.—For each fiscal year, in order to provide 

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

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

under this subparagraph shall take into account the size 

of and the geographic location of each local educational 

agency. 

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

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

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

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

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

provides false information in an application for a grant under 

this subpart shall— 

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

subpart; and 

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

the grant that have not been expended. 

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

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

under section 7113. 

ø(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—Notwithstanding 

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

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

contract from the Bureau of Indian Affairs, the Secretary shall use 

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

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

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

has eligibility forms that comply with this section. 

ø(h) TIMING OF CHILD COUNTS.—For purposes of determining the 

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

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

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

shall— 

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


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if that date or period occurs before the deadline established by 

the Secretary for submitting an application under section 7114; 

and 

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

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

øSEC. 7118. PAYMENTS. 

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

application that is approved by the Secretary under this subpart 

the amount determined under section 7113. The Secretary shall notify the local educational agency of the amount of the payment not 

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

payment. 

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

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

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

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

EFFORT.— 

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

under section 7113 for any fiscal year unless the State educational agency notifies the Secretary, and the Secretary determines, that with respect to the provision of free public education by the local educational agency for the preceding fiscal 

year, the combined fiscal effort of the local educational agency 

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

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

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

the second preceding fiscal year. 

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

agency and State failed to maintain the combined fiscal effort 

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

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

exact proportion of the failure to maintain the fiscal effort 

at such level; and 

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

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

shall use the amount of expenditures that would have 

been required to comply with paragraph (1). 

ø(3) WAIVER.— 

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

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

due to exceptional or uncontrollable circumstances, such as 


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a natural disaster or a precipitous and unforeseen decline 

in the agency’s financial resources. 

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

use the reduced amount of the agency’s expenditures for 

the fiscal year preceding the fiscal year for which a waiver 

is granted to determine compliance with paragraph (1) for 

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

paragraph (1) in the absence of the waiver. 

ø(d) REALLOCATIONS.—The Secretary may reallocate, in a manner that the Secretary determines will best carry out the purpose 

of this subpart, any amounts that— 

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

or other information, the Secretary determines will not be 

needed by such agencies to carry out approved programs under 

this subpart; or 

ø(2) otherwise become available for reallocation under this 

subpart. 

øSEC. 7119. STATE EDUCATIONAL AGENCY REVIEW. 

øBefore submitting an application to the Secretary under section 

7114, a local educational agency shall submit the application to the 

State educational agency, which may comment on such application. 

If the State educational agency comments on the application, the 

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

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

øSubpart 2—Special Programs and Projects To 

Improve Educational Opportunities for Indian 

Children 

øSEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR 

INDIAN CHILDREN. 

ø(a) PURPOSE.— 

ø(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. 

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

actions to achieve the coordination of activities assisted under 

this subpart with— 

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

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

American Indian and Alaska Native children. 

ø(b) ELIGIBLE ENTITIES.—In this section, the term ‘‘eligible entity’’ means a State educational agency, local educational agency, Indian tribe, Indian organization, federally supported elementary 

school or secondary school for Indian students, Indian institution 

(including an Indian institution of higher education), or a consortium of such entities. 

ø(c) GRANTS AUTHORIZED.— 


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ø(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— 

ø(A) innovative programs related to the educational 

needs of educationally disadvantaged children; 

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

children in sufficient quantity or quality, including remedial instruction, to raise the achievement of Indian children in one or more of the core academic subjects of 

English, mathematics, science, foreign languages, art, history, and geography; 

ø(C) bilingual and bicultural programs and projects; 

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

psychological problems of Indian children; 

ø(E) special compensatory and other programs and 

projects designed to assist and encourage Indian children 

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

rate of high school graduation for Indian children; 

ø(F) comprehensive guidance, counseling, and testing 

services; 

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 with disabilities; 

ø(H) partnership projects between local educational 

agencies and institutions of higher education that allow 

secondary school students to enroll in courses at the postsecondary level to aid such students in the transition from 

secondary to postsecondary education; 

ø(I) partnership projects between schools and local businesses for career preparation programs designed to provide 

Indian youth with the knowledge and skills such youth 

need to make an effective transition from school to a highskill, high-wage career; 

ø(J) programs designed to encourage and assist Indian 

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

ø(K) family literacy services; 

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

ø(M) other services that meet the purpose described in 

this section. 

ø(2) PROFESSIONAL DEVELOPMENT.—Professional development of teaching professionals and paraprofessionals may be a 

part of any program assisted under this section. 

ø(d) GRANT REQUIREMENTS AND APPLICATIONS.— 

ø(1) GRANT REQUIREMENTS.— ø(A) IN GENERAL.—The Secretary may make multiyear 

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

pilot operation, or demonstration of any activity described 

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

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

this paragraph, the Secretary shall give priority to entities 


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submitting applications that present a plan for combining 

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

over a period of more than 1 year. 

ø(C) PROGRESS.—The Secretary shall make a grant payment for a grant described in this paragraph to an eligible 

entity after the initial year of the multiyear grant only if 

the Secretary determines that the eligible entity has made 

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. 

ø(2) DISSEMINATION GRANTS.— 

ø(A) IN GENERAL.—In addition to awarding the 

multiyear grants described in paragraph (1), the Secretary 

may award grants under subsection (c) to eligible entities 

for the dissemination of exemplary materials or programs 

assisted under this section. 

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

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

ø(i) has been adequately reviewed; 

ø(ii) has demonstrated educational merit; and 

ø(iii) can be replicated. 

ø(3) APPLICATION.— 

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

the Secretary may reasonably require. 

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

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

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

and representatives of Indian tribes have been, and 

will be, involved in developing and implementing the 

activities for which assistance is sought; 

ø(ii) assurances that the applicant will participate, 

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

ø(iii) information demonstrating that the proposed 

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

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

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

program involved once the grant period is over; and 

ø(v) such other assurances and information as the 

Secretary may reasonably require. 

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

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

may be used for administrative purposes. 


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øSEC. 7122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION PROFESSIONALS. 

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

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 

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

serve in the capacities described in paragraph (2). 

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

term ‘‘eligible entity’’ means— 

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

institution of higher education; 

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

in consortium with an institution of higher education; 

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

institution of higher education; and 

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

the Education Amendments of 1978). 

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

award grants to eligible entities having applications approved 

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

described in subsection (d). 

ø(d) AUTHORIZED ACTIVITIES.— 

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

used for activities to provide support and training for Indian 

individuals in a manner consistent with the purposes of this 

section. Such activities may include continuing programs, 

symposia, workshops, conferences, and direct financial support, 

and may include programs designed to train tribal elders and 

seniors. 

ø(2) SPECIAL RULES.— 

ø(A) TYPE OF TRAINING.—For education personnel, the 

training received pursuant to a grant under this section 

may be inservice or preservice training. 

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

to enter any field other than teaching, the training received pursuant to a grant under this section shall be in 

a program that results in a graduate degree. 

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. 

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

Secretary— 

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

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

section on the basis of— 

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

awarded such entity; or 


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

received such grants. 

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

awarded for a period of not more than 5 years. 

ø(h) SERVICE OBLIGATION.— 

ø(1) IN GENERAL.—The Secretary shall require, by regulation, that an individual who receives training pursuant to a 

grant made under this section— 

ø(A) perform work— 

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

ø(ii) that benefits Indian people; or 

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

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

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

date of completion of the training, and periodically thereafter, 

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

øSubpart 3—National Activities 

øSEC. 7131. NATIONAL RESEARCH ACTIVITIES. 

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

made available under section 7152(b) for each fiscal year to— 

ø(1) conduct research related to effective approaches for the 

education of Indian children and adults; 

ø(2) evaluate federally assisted education programs from 

which Indian children and adults may benefit; 

ø(3) collect and analyze data on the educational status and 

needs of Indians; and 

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

purpose of this part. 

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

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

institutions of higher education, including Indian institutions of 

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

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. 

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 conVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00546 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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sortia 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 learning strategies, and to make the most effective use of curricula 

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. 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 


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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.— 

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. 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— 


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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, 

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 


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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); 

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.— 


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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), 

the 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 information developed by the grant or contract recipient is readily available to the entire educational community. 

øSEC. 7135. 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— 


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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 

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. 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 

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lish 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. 

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. 

øSubpart 4—Federal Administration 

øSEC. 7141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION. 

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

Council on Indian Education (hereafter in this section referred to 

as the ‘‘Council’’), which shall— 


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

the President from lists of nominees furnished, from time to 

time, by Indian tribes and organizations; and 

ø(2) represent different geographic areas of the United 

States. 

ø(b) DUTIES.—The Council shall— 

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

program established under this part— 

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

and 

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

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

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

position of Director of Indian Education whenever a vacancy 

occurs; and 

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

a report on the activities of the Council, including— 

ø(A) any recommendations that the Council considers 

appropriate for the improvement of Federal education programs that include Indian children or adults as participants, or that may benefit Indian children or adults; and 

ø(B) recommendations concerning the funding of any 

program described in subparagraph (A). 

øSEC. 7142. PEER REVIEW. 

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

øSEC. 7143. PREFERENCE FOR INDIAN APPLICANTS. 

øIn making grants and entering into contracts or cooperative 

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

a preference to Indian tribes, organizations, and institutions of 

higher education under any program with respect to which Indian 

tribes, organizations, and institutions are eligible to apply for 

grants, contracts, or cooperative agreements. 

øSEC. 7144. MINIMUM GRANT CRITERIA. 

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

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

ø(2) based on relevant research findings. 

øSubpart 5—Definitions; Authorizations of 

Appropriations 

øSEC. 7151. DEFINITIONS. 

øFor the purposes of this part: 

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

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


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

compulsory school attendance under an applicable State 

law. 

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

is— 

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

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

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

which the tribe or band resides; 

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

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

Indian for any purpose; 

ø(D) an Eskimo, Aleut, or other Alaska Native; or 

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

in effect the day preceding the date of enactment of the 

Improving America’s Schools Act of 1994. 

øSEC. 7152. 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. 

øPART B—NATIVE HAWAIIAN EDUCATION 

øSEC. 7201. SHORT TITLE. 

øThis part may be cited as the ‘‘Native Hawaiian Education Act’’. 

øSEC. 7202. 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. 


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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 

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 


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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; 

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 selfgovernance 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.); 


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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 

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, 


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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 

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 language-based 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 ’’olelo noN ola; 

I ka ’’olelo 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— 


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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. 

øSEC. 7203. PURPOSES. 

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. 

øSEC. 7204. 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. 


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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, 

and local agencies in order to focus and improve the use of resources, including resources made available under this part, relating to Native Hawaiian education, and 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 

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school through adults. At least three-fourths of the members of 

each island council shall be Native Hawaiians. 

ø(g) ADMINISTRATIVE PROVISIONS RELATING TO EDUCATION COUN- CIL 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. 

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. 

øSEC. 7205. 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; 


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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 

third grade and assistance in addressing the distinct features 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 


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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— 

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 


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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. 

øSEC. 7206. 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. 

øSEC. 7207. DEFINITIONS. 

øIn this part: 

ø(1) NATIVE HAWAIIAN.—The term ‘‘Native Hawaiian’’ means 

any individual who is— 

ø(A) a citizen of the United States; and 

ø(B) a descendant of the aboriginal people who, prior to 

1778, occupied and exercised sovereignty in the area that 

now comprises the State of Hawaii, as evidenced by— 

ø(i) genealogical records; 

ø(ii) Kupuna (elders) or Kamaaina (long-term community residents) verification; or 

ø(iii) certified birth records. 

ø(2) NATIVE HAWAIIAN COMMUNITY-BASED ORGANIZATION.— 

The term ‘‘Native Hawaiian community-based organization’’ 

means any organization that is composed primarily of Native 

Hawaiians from a specific community and that assists in the 

social, cultural, and educational development of Native Hawaiians in that community. 

ø(3) NATIVE HAWAIIAN EDUCATIONAL ORGANIZATION.—The 

term ‘‘Native Hawaiian educational organization’’ means a private nonprofit organization that— 

ø(A) serves the interests of Native Hawaiians; 

ø(B) has Native Hawaiians in substantive and policymaking positions within the organization; 

ø(C) incorporates Native Hawaiian perspective, values, 

language, culture, and traditions into the core function of 

the organization; 

ø(D) has demonstrated expertise in the education of Native Hawaiian youth; and 

ø(E) has demonstrated expertise in research and program development. 

ø(4) NATIVE HAWAIIAN LANGUAGE.—The term ‘‘Native Hawaiian language’’ means the single Native American language indigenous to the original inhabitants of the State of Hawaii. 

ø(5) NATIVE HAWAIIAN ORGANIZATION.—The term ‘‘Native Hawaiian organization’’ means a private nonprofit organization 

that— 

ø(A) serves the interests of Native Hawaiians; 


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ø(B) has Native Hawaiians in substantive and policymaking positions within the organization; and 

ø(C) is recognized by the Governor of Hawaii for the purpose of planning, conducting, or administering programs 

(or portions of programs) for the benefit of Native Hawaiians. 

ø(6) OFFICE OF HAWAIIAN AFFAIRS.—The term ‘‘Office of Hawaiian Affairs’’ means the Office of Hawaiian Affairs established by the Constitution of the State of Hawaii. 

øPART C—ALASKA NATIVE EDUCATION 

øSEC. 7301. SHORT TITLE. 

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

øSEC. 7302. FINDINGS. 

øCongress finds and declares the following: 

ø(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. 

ø(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. 

ø(3) Alaska Native children enter and exit school with serious educational handicaps. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

øSEC. 7303. PURPOSES. 

øThe purposes of this part are as follows: 

ø(1) To recognize the unique educational needs of Alaska Natives. 

ø(2) To authorize the development of supplemental educational programs to benefit Alaska Natives. 


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ø(3) To supplement existing programs and authorities in the 

area of education to further the purposes of this part. 

ø(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. 

øSEC. 7304. PROGRAM AUTHORIZED. 

ø(a) GENERAL AUTHORITY.— ø(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. 

ø(2) PERMISSIBLE ACTIVITIES.—Activities provided through 

programs carried out under this part may include the following: 

ø(A) The development and implementation of plans, 

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

ø(B) The development of curricula and educational programs that address the educational needs of Alaska Native 

students, including the following: 

ø(i) Curriculum materials that reflect the cultural 

diversity or the contributions of Alaska Natives. 

ø(ii) Instructional programs that make use of Native 

Alaskan languages. 

ø(iii) Networks that introduce successful programs, 

materials, and techniques to urban and rural schools. 

ø(C) Professional development activities for educators, 

including the following: 

ø(i) Programs to prepare teachers to address the cultural diversity and unique needs of Alaska Native students. 

ø(ii) In-service programs to improve the ability of 

teachers to meet the unique needs of Alaska Native 

students. 

ø(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. 

ø(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. 

ø(E) Family literacy services. 

ø(F) The development and operation of student enrichment programs in science and mathematics that— 

ø(i) are designed to prepare Alaska Native students 

from rural areas, who are preparing to enter secondary school, to excel in science and math; 


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

students to benefit from the programs; and 

ø(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. 

ø(G) Research and data collection activities to determine 

the educational status and needs of Alaska Native children 

and adults. 

ø(H) Other research and evaluation activities related to 

programs carried out under this part. 

ø(I) Remedial and enrichment programs to assist Alaska 

Native students in performing at a high level on standardized tests. 

ø(J) Education and training of Alaska Native students 

enrolled in a degree program that will lead to certification 

or licensing as teachers. 

ø(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. 

ø(L) Cultural education programs operated by the Alaska Native Heritage Center and designed to share the Alaska Native culture with students. 

ø(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. 

ø(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. 

ø(O) Other early learning and preschool programs. 

ø(P) Dropout prevention programs operated by the Cook 

Inlet Tribal Council’s Partners for Success program. 

ø(Q) An Alaska Initiative for Community Engagement 

program. 

ø(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. 

ø(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. 

ø(T) Other activities, consistent with the purposes of this 

part, to meet the educational needs of Alaska Native children and adults. 


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ø(3) HOME INSTRUCTION PROGRAMS.—Home instruction programs for Alaska Native preschool children carried out under 

paragraph (2)(D) may include the following: 

ø(A) Programs for parents and their infants, from the 

prenatal period of the infant through age 3. 

ø(B) Preschool programs. 

ø(C) Training, education, and support for parents in 

such areas as reading readiness, observation, story telling, 

and critical thinking. 

ø(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. 

ø(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. 

ø(d) 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 each of the 5 succeeding fiscal years. 

ø(2) AVAILABILITY OF FUNDS.—Of the funds appropriated and 

made available under this section for a fiscal year, the Secretary shall make available— 

ø(A) not less than $1,000,000 to support activities described in subsection (a)(2)(K); 

ø(B) not less than $1,000,000 to support activities described in subsection (a)(2)(L); 

ø(C) not less than $1,000,000 to support activities described in subsection (a)(2)(M); 

ø(D) not less than $2,000,000 to support activities described in subsection (a)(2)(P); and 

ø(E) not less than $2,000,000 to support activities described in subsection (a)(2)(Q). 

øSEC. 7305. 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 in such form, in such manner, and containing such 

information as the Secretary may determine necessary to carry out 

the provisions of this part. 

ø(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. 

ø(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. 

ø(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. 


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øSEC. 7306. DEFINITIONS. 

øIn this part: 

ø(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. 

ø(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— 

ø(A) has or commits to acquire expertise in the education of Alaska Natives; and 

ø(B) has Alaska Natives in substantive and policymaking positions within the organization.¿ 

* * * * * * * 

øTITLE IX—GENERAL PROVISIONS 

øPART A—DEFINITIONS 

øSEC. 9101. 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. 


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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 

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; 


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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— 

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: 


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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 selfsufficiency. 

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— 

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 


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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 

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; 


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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 

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. 


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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 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, two-way, 

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— 


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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; 

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 imVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00577 Fmt 6659 Sfmt 6601 E:\HR\OC\HR458.XXX HR458

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proved 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 

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; 


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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 

the condition of interest, with a preference for randomassignment 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 


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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 state-ofthe-art technology products and services. 

øSEC. 9102. APPLICABILITY OF TITLE. 

øParts B, C, D, and E of this title do not apply to title VIII of 

this Act. 

øSEC. 9103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED SCHOOLS. 

øFor the purpose of any competitive program under this Act— 

ø(1) a consortium of schools operated by the Bureau of Indian Affairs; 

ø(2) a school operated under a contract or grant with the Bureau of Indian Affairs in consortium with another contract or 

grant school or a tribal or community organization; or 

ø(3) a Bureau of Indian Affairs school in consortium with an 

institution of higher education, a contract or grant school, or 

a tribal or community organization, 

shall be given the same consideration as a local educational agency. 

øPART B—FLEXIBILITY IN THE USE OF 

ADMINISTRATIVE AND OTHER FUNDS 

øSEC. 9201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR 

ELEMENTARY AND SECONDARY EDUCATION PROGRAMS. 

ø(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.— 

ø(1) IN GENERAL.—A State educational agency may consolidate the amounts specifically made available to it for State administration under one or more of the programs under paragraph (2) if the State educational agency can demonstrate that 

the majority of its resources are derived from non-Federal 

sources. 

ø(2) APPLICABILITY.—This section applies to any program 

under this Act under which funds are authorized to be used for 

administration, and such other programs as the Secretary may 

designate. 

ø(b) USE OF FUNDS.— 

ø(1) IN GENERAL.—A State educational agency shall use the 

amount available under this section for the administration of 

the programs included in the consolidation under subsection 

(a). 

ø(2) ADDITIONAL USES.—A State educational agency may also 

use funds available under this section for administrative activities designed to enhance the effective and coordinated use of 

funds under programs included in the consolidation under subsection (a), such as— 

ø(A) the coordination of those programs with other Federal and non-Federal programs; 

ø(B) the establishment and operation of peer-review 

mechanisms under this Act; 

ø(C) the administration of this title; 


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ø(D) the dissemination of information regarding model 

programs and practices; 

ø(E) technical assistance under any program under this 

Act; 

ø(F) State-level activities designed to carry out this title; 

ø(G) training personnel engaged in audit and other monitoring activities; and 

ø(H) implementation of the Cooperative Audit Resolution 

and Oversight Initiative of the Department. 

ø(c) RECORDS.—A State educational agency that consolidates administrative funds under this section shall not be required to keep 

separate records, by individual program, to account for costs relating to the administration of programs included in the consolidation 

under subsection (a). 

ø(d) REVIEW.—To determine the effectiveness of State administration under this section, the Secretary may periodically review 

the performance of State educational agencies in using consolidated 

administrative funds under this section and take such steps as the 

Secretary finds appropriate to ensure the effectiveness of that administration. 

ø(e) UNUSED ADMINISTRATIVE FUNDS.—If a State educational 

agency does not use all of the funds available to the agency under 

this section for administration, the agency may use those funds 

during the applicable period of availability as funds available 

under one or more programs included in the consolidation under 

subsection (a). 

ø(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND ASSESSMENT

DEVELOPMENT.—In order to develop challenging State academic 

standards and assessments, a State educational agency may consolidate the amounts described in subsection (a) for those purposes 

under title I. 

øSEC. 9202. SINGLE LOCAL EDUCATIONAL AGENCY STATES. 

øA State educational agency that also serves as a local educational agency shall, in its applications or plans under this Act, 

describe how the agency will eliminate duplication in conducting 

administrative functions. 

øSEC. 9203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION. 

ø(a) GENERAL AUTHORITY.—In accordance with regulations of the 

Secretary and for any fiscal year, a local educational agency, with 

the approval of its State educational agency, may consolidate and 

use for the administration of one or more programs under this Act 

(or such other programs as the Secretary shall designate) not more 

than the percentage, established in each program, of the total 

available for the local educational agency under those programs. 

ø(b) STATE PROCEDURES.—Within 1 year after the date of enactment of the No Child Left Behind Act of 2001, a State educational 

agency shall, in collaboration with local educational agencies in the 

State, establish procedures for responding to requests from local 

educational agencies to consolidate administrative funds under 

subsection (a) and for establishing limitations on the amount of 

funds under those programs that may be used for administration 

on a consolidated basis. 

ø(c) CONDITIONS.—A local educational agency that consolidates 

administrative funds under this section for any fiscal year shall not 


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use any other funds under the programs included in the consolidation for administration for that fiscal year. 

ø(d) USES OF ADMINISTRATIVE FUNDS.—A local educational agency that consolidates administrative funds under this section may 

use the consolidated funds for the administration of the programs 

and for uses, at the school district and school levels, comparable to 

those described in section 9201(b)(2). 

ø(e) RECORDS.—A local educational agency that consolidates administrative funds under this section shall not be required to keep 

separate records, by individual program, to account for costs relating to the administration of the programs included in the consolidation. 

øSEC. 9204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR FUNDS. 

ø(a) GENERAL AUTHORITY.— 

ø(1) TRANSFER.—The Secretary shall transfer to the Department of the Interior, as a consolidated amount for covered programs, the Indian education programs under part A of title 

VII, and the education for homeless children and youth program under subtitle B of title VII of the McKinney-Vento 

Homeless Assistance Act, the amounts allotted to the Department of the Interior under those programs. 

ø(2) AGREEMENT.— 

ø(A) IN GENERAL.—The Secretary and the Secretary of 

the Interior shall enter into an agreement, consistent with 

the requirements of the programs specified in paragraph 

(1), for the distribution and use of those program funds 

under terms that the Secretary determines best meet the 

purposes of those programs. 

ø(B) CONTENTS.—The agreement shall— 

ø(i) set forth the plans of the Secretary of the Interior for the use of the amount transferred and the 

achievement measures to assess program effectiveness, including measurable goals and objectives; and 

ø(ii) be developed in consultation with Indian tribes. 

ø(b) ADMINISTRATION.—The Department of the Interior may use 

not more than 1.5 percent of the funds consolidated under this section for its costs related to the administration of the funds transferred under this section. 

øPART C—COORDINATION OF PROGRAMS; 

CONSOLIDATED STATE AND LOCAL PLANS 

AND APPLICATIONS 

øSEC. 9301. PURPOSES. 

øThe purposes of this part are— 

ø(1) to improve teaching and learning by encouraging greater 

cross-program coordination, planning, and service delivery; 

ø(2) to provide greater flexibility to State and local authorities through consolidated plans, applications, and reporting; 

and 

ø(3) to enhance the integration of programs under this Act 

with State and local programs. 


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øSEC. 9302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS. 

ø(a) GENERAL AUTHORITY.— 

ø(1) SIMPLIFICATION.—In order to simplify application requirements and reduce the burden for State educational agencies under this Act, the Secretary, in accordance with subsection (b), shall establish procedures and criteria under which, 

after consultation with the Governor, a State educational agency may submit a consolidated State plan or a consolidated 

State application meeting the requirements of this section 

for— 

ø(A) each of the covered programs in which the State 

participates; and 

ø(B) such other programs as the Secretary may designate. 

ø(2) CONSOLIDATED APPLICATIONS AND PLANS.—After consultation with the Governor, a State educational agency that 

submits a consolidated State plan or a consolidated State application under this section shall not be required to submit separate State plans or applications under any of the programs to 

which the consolidated State plan or consolidated State application under this section applies. 

ø(b) COLLABORATION.— 

ø(1) IN GENERAL.—In establishing criteria and procedures 

under this section, the Secretary shall collaborate with State 

educational agencies and, as appropriate, with other State 

agencies, local educational agencies, public and private nonprofit agencies, organizations, and institutions, private schools, 

and representatives of parents, students, and teachers. 

ø(2) CONTENTS.—Through the collaborative process described 

in paragraph (1), the Secretary shall establish, for each program under this Act to which this section applies, the descriptions, information, assurances, and other material required to 

be included in a consolidated State plan or consolidated State 

application. 

ø(3) NECESSARY MATERIALS.—The Secretary shall require 

only descriptions, information, assurances (including assurances of compliance with applicable provisions regarding participation by private school children and teachers), and other 

materials that are absolutely necessary for the consideration of 

the consolidated State plan or consolidated State application. 

øSEC. 9303. CONSOLIDATED REPORTING. 

ø(a) IN GENERAL.—In order to simplify reporting requirements 

and reduce reporting burdens, the Secretary shall establish procedures and criteria under which a State educational agency, in consultation with the Governor of the State, may submit a consolidated State annual report. 

ø(b) CONTENTS.—The report shall contain information about the 

programs included in the report, including the performance of the 

State under those programs, and other matters as the Secretary 

determines are necessary, such as monitoring activities. 

ø(c) REPLACEMENT.—The report shall replace separate individual 

annual reports for the programs included in the consolidated State 

annual report. 


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øSEC. 9304. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY ASSURANCES. 

ø(a) ASSURANCES.—A State educational agency, in consultation 

with the Governor of the State, that submits a consolidated State 

plan or consolidated State application under this Act, whether separately or under section 9302, shall have on file with the Secretary 

a single set of assurances, applicable to each program for which the 

plan or application is submitted, that provides that— 

ø(1) each such program will be administered in accordance 

with all applicable statutes, regulations, program plans, and 

applications; 

ø(2)(A) the control of funds provided under each such program and title to property acquired with program funds will be 

in a public agency, a nonprofit private agency, institution, or 

organization, or an Indian tribe, if the law authorizing the program provides for assistance to those entities; and 

ø(B) the public agency, nonprofit private agency, institution, 

or organization, or Indian tribe will administer those funds and 

property to the extent required by the authorizing law; 

ø(3) the State will adopt and use proper methods of administering each such program, including— 

ø(A) the enforcement of any obligations imposed by law 

on agencies, institutions, organizations, and other recipients responsible for carrying out each program; 

ø(B) the correction of deficiencies in program operations 

that are identified through audits, monitoring, or evaluation; and 

ø(C) the adoption of written procedures for the receipt 

and resolution of complaints alleging violations of law in 

the administration of the programs; 

ø(4) the State will cooperate in carrying out any evaluation 

of each such program conducted by or for the Secretary or 

other Federal officials; 

ø(5) the State will use such fiscal control and fund accounting procedures as will ensure proper disbursement of, and accounting for, Federal funds paid to the State under each such 

program; 

ø(6) the State will— 

ø(A) make reports to the Secretary as may be necessary 

to enable the Secretary to perform the Secretary’s duties 

under each such program; and 

ø(B) maintain such records, provide such information to 

the Secretary, and afford such access to the records as the 

Secretary may find necessary to carry out the Secretary’s 

duties; and 

ø(7) before the plan or application was submitted to the Secretary, the State afforded a reasonable opportunity for public 

comment on the plan or application and considered such comment. 

ø(b) GEPA PROVISION.—Section 441 of the General Education 

Provisions Act shall not apply to programs under this Act. 

øSEC. 9305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS. 

ø(a) GENERAL AUTHORITY.— 

ø(1) CONSOLIDATED PLAN.—A local educational agency receiving funds under more than one covered program may submit 


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plans or applications to the State educational agency under 

those programs on a consolidated basis. 

ø(2) AVAILABILITY TO GOVERNOR.—The State educational 

agency shall make any consolidated local plans and applications available to the Governor. 

ø(b) REQUIRED CONSOLIDATED PLANS OR APPLICATIONS.—A State 

educational agency that has an approved consolidated State plan or 

application under section 9302 may require local educational agencies in the State receiving funds under more than one program included in the consolidated State plan or consolidated State application to submit consolidated local plans or applications under those 

programs, but may not require those agencies to submit separate 

plans. 

ø(c) COLLABORATION.—A State educational agency, in consultation with the Governor, shall collaborate with local educational 

agencies in the State in establishing procedures for the submission 

of the consolidated State plans or consolidated State applications 

under this section. 

ø(d) NECESSARY MATERIALS.—The State educational agency shall 

require only descriptions, information, assurances, and other material that are absolutely necessary for the consideration of the local 

educational agency plan or application. 

øSEC. 9306. OTHER GENERAL ASSURANCES. 

ø(a) ASSURANCES.—Any applicant, other than a State educational 

agency that submits a plan or application under this Act, whether 

separately or pursuant to section 9305, shall have on file with the 

State educational agency a single set of assurances, applicable to 

each program for which a plan or application is submitted, that 

provides that— 

ø(1) each such program will be administered in accordance 

with all applicable statutes, regulations, program plans, and 

applications; 

ø(2)(A) the control of funds provided under each such program and title to property acquired with program funds will be 

in a public agency or in a nonprofit private agency, institution, 

organization, or Indian tribe, if the law authorizing the program provides for assistance to those entities; and 

ø(B) the public agency, nonprofit private agency, institution, 

or organization, or Indian tribe will administer the funds and 

property to the extent required by the authorizing statutes; 

ø(3) the applicant will adopt and use proper methods of administering each such program, including— 

ø(A) the enforcement of any obligations imposed by law 

on agencies, institutions, organizations, and other recipients responsible for carrying out each program; and 

ø(B) the correction of deficiencies in program operations 

that are identified through audits, monitoring, or evaluation; 

ø(4) the applicant will cooperate in carrying out any evaluation of each such program conducted by or for the State educational agency, the Secretary, or other Federal officials; 

ø(5) the applicant will use such fiscal control and fund accounting procedures as will ensure proper disbursement of, and 

accounting for, Federal funds paid to the applicant under each 

such program; 


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ø(6) the applicant will— 

ø(A) submit such reports to the State educational agency 

(which shall make the reports available to the Governor) 

and the Secretary as the State educational agency and 

Secretary may require to enable the State educational 

agency and the Secretary to perform their duties under 

each such program; and 

ø(B) maintain such records, provide such information, 

and afford such access to the records as the State educational agency (after consultation with the Governor) or 

the Secretary may reasonably require to carry out the 

State educational agency’s or the Secretary’s duties; and 

ø(7) before the application was submitted, the applicant afforded a reasonable opportunity for public comment on the application and considered such comment. 

ø(b) GEPA PROVISION.—Section 442 of the General Education 

Provisions Act shall not apply to programs under this Act. 

øPART D—WAIVERS 

øSEC. 9401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS. 

ø(a) IN GENERAL.—Except as provided in subsection (c), the Secretary may waive any statutory or regulatory requirement of this 

Act for a State educational agency, local educational agency, Indian 

tribe, or school through a local educational agency, that— 

ø(1) receives funds under a program authorized by this Act; 

and 

ø(2) requests a waiver under subsection (b). 

ø(b) REQUEST FOR WAIVER.— 

ø(1) IN GENERAL.—A State educational agency, local educational agency, or Indian tribe that desires a waiver shall submit a waiver request to the Secretary that— 

ø(A) identifies the Federal programs affected by the requested waiver; 

ø(B) describes which Federal statutory or regulatory requirements are to be waived and how the waiving of those 

requirements will— 

ø(i) increase the quality of instruction for students; 

and 

ø(ii) improve the academic achievement of students; 

ø(C) describes, for each school year, specific, measurable 

educational goals, 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; 

ø(D) explains how the waiver will assist the State educational agency and each affected local educational agency, 

Indian tribe, or school in reaching those goals; and 

ø(E) describes how schools will continue to provide assistance to the same populations served by programs for 

which waivers are requested. 

ø(2) ADDITIONAL INFORMATION.—Such requests— 


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ø(A) may provide for waivers of requirements applicable 

to State educational agencies, local educational agencies, 

Indian tribes, and schools; and 

ø(B) shall be developed and submitted— 

ø(i)(I) by local educational agencies (on behalf of 

those agencies and schools) to State educational agencies; and 

ø(II) by State educational agencies (on behalf of, and 

based on the requests of, local educational agencies) to 

the Secretary; or 

ø(ii) by Indian tribes (on behalf of schools operated 

by the tribes) to the Secretary. 

ø(3) GENERAL REQUIREMENTS.— ø(A) STATE EDUCATIONAL AGENCIES.—In the case of a 

waiver request submitted by a State educational agency 

acting on its own behalf, the State educational agency 

shall— 

ø(i) provide all interested local educational agencies 

in the State with notice and a reasonable opportunity 

to comment on the request; 

ø(ii) submit the comments to the Secretary; and 

ø(iii) provide notice and information to the public regarding the waiver request in the manner in which 

the applying agency customarily provides similar notices and information to the public. 

ø(B) LOCAL EDUCATIONAL AGENCIES.—In the case of a 

waiver request submitted by a local educational agency 

that receives funds under this Act— 

ø(i) the request shall be reviewed by the State educational agency and be accompanied by the comments, 

if any, of the State educational agency; and 

ø(ii) notice and information regarding the waiver request shall be provided to the public by the agency requesting the waiver in the manner in which that agency customarily provides similar notices and information to the public. 

ø(c) RESTRICTIONS.—The Secretary shall not waive under this 

section any statutory or regulatory requirements relating to— 

ø(1) the allocation or distribution of funds to States, local 

educational agencies, or other recipients of funds under this 

Act; 

ø(2) maintenance of effort; 

ø(3) comparability of services; 

ø(4) use of Federal funds to supplement, not supplant, nonFederal funds; 

ø(5) equitable participation of private school students and 

teachers; 

ø(6) parental participation and involvement; 

ø(7) applicable civil rights requirements; 

ø(8) the requirement for a charter school under subpart 1 of 

part B of title V; 

ø(9) the prohibitions regarding— 

ø(A) State aid in section 9522; 

ø(B) use of funds for religious worship or instruction in 

section 9505; and 


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ø(C) activities in section 9526; or 

ø(10) the selection of a school attendance area or school 

under subsections (a) and (b) of section 1113, except that the 

Secretary may grant a waiver to allow a school attendance 

area or school to participate in activities under part A of title 

I if the percentage of children from low-income families in the 

school attendance area or who attend the school is not more 

than 10 percentage points below the lowest percentage of those 

children for any school attendance area or school of the local 

educational agency that meets the requirements of subsections 

(a) and (b) of section 1113. 

ø(d) DURATION AND EXTENSION OF WAIVER.— 

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

waiver approved by the Secretary under this section may be for 

a period not to exceed 4 years. 

ø(2) EXTENSION.—The Secretary may extend the period described in paragraph (1) if the Secretary determines that— 

ø(A) the waiver has been effective in enabling the State 

or affected recipient to carry out the activities for which 

the waiver was requested and the waiver has contributed 

to improved student achievement; and 

ø(B) the extension is in the public interest. 

ø(e) REPORTS.— 

ø(1) LOCAL WAIVER.—A local educational agency that receives a waiver under this section shall, at the end of the second year for which a waiver is received under this section and 

each subsequent year, submit a report to the State educational 

agency that— 

ø(A) describes the uses of the waiver by the agency or 

by schools; 

ø(B) describes how schools continued to provide assistance to the same populations served by the programs for 

which waivers were granted; and 

ø(C) evaluates the progress of the agency and of schools 

in improving the quality of instruction or the academic 

achievement of students. 

ø(2) STATE WAIVER.—A State educational agency that receives reports required under paragraph (1) shall annually 

submit a report to the Secretary that is based on those reports 

and contains such information as the Secretary may require. 

ø(3) INDIAN TRIBE WAIVER.—An Indian tribe that receives a 

waiver under this section shall annually submit a report to the 

Secretary that— 

ø(A) describes the uses of the waiver by schools operated 

by the tribe; and 

ø(B) evaluates the progress of those schools in improving 

the quality of instruction or the academic achievement of 

students. 

ø(4) REPORT TO CONGRESS.—Beginning in fiscal year 2002 

and for each subsequent year, the Secretary shall submit to 

the Committee on Education and the Workforce of the House 

of Representatives and the Committee on Health, Education, 

Labor, and Pensions of the Senate a report— 


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ø(A) summarizing the uses of waivers by State educational agencies, local educational agencies, Indian tribes, 

and schools; and 

ø(B) describing whether the waivers— 

ø(i) increased the quality of instruction to students; 

or 

ø(ii) improved the academic achievement of students. 

ø(f) TERMINATION OF WAIVERS.—The Secretary shall terminate a 

waiver under this section if the Secretary determines, after notice 

and an opportunity for a hearing, that the performance of the State 

or other recipient affected by the waiver has been inadequate to 

justify a continuation of the waiver or if the waiver is no longer 

necessary to achieve its original purposes. 

ø(g) PUBLICATION.—A notice of the Secretary’s decision to grant 

each waiver under subsection (a) shall be published in the Federal 

Register and the Secretary shall provide for the dissemination of 

the notice to State educational agencies, interested parties, including educators, parents, students, advocacy and civil rights organizations, and the public. 

øPART E—UNIFORM PROVISIONS 

øSubpart 1—Private Schools 

øSEC. 9501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND 

TEACHERS. 

ø(a) PRIVATE SCHOOL PARTICIPATION.— ø(1) IN GENERAL.—Except as otherwise provided in this Act, 

to the extent consistent with the number of eligible children in 

areas served by a State educational agency, local educational 

agency, educational service agency, consortium of those agencies, or another entity receiving financial assistance under a 

program specified in subsection (b), who are enrolled in private 

elementary schools and secondary schools in areas served by 

such agency, consortium, or entity, the agency, consortium, or 

entity shall, after timely and meaningful consultation with appropriate private school officials provide to those children and 

their teachers or other educational personnel, on an equitable 

basis, special educational services or other benefits that address their needs under the program. 

ø(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL SERVICES OR

BENEFITS.—Educational services or other benefits, including 

materials and equipment, provided under this section, shall be 

secular, neutral, and nonideological. 

ø(3) SPECIAL RULE.—Educational services and other benefits 

provided under this section for private school children, teachers, and other educational personnel shall be equitable in comparison to services and other benefits for public school children, teachers, and other educational personnel participating 

in the program and shall be provided in a timely manner. 

ø(4) EXPENDITURES.—Expenditures for educational services 

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count the number and educational needs of the children to be 

served, to the expenditures for participating public school children. 

ø(5) PROVISION OF SERVICES.—An agency, consortium, or entity described in subsection (a)(1) of this section may provide 

those services directly or through contracts with public and 

private agencies, organizations, and institutions. 

ø(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. 

ø(2) DEFINITION.—For the purpose of this section, the term 

‘‘eligible children’’ means children eligible for services under a 

program described in paragraph (1). 

ø(3) APPLICATION.—(A) Except as provided in subparagraph 

(B), this subpart, including subsection (a)(4), applies to funds 

awarded to a local educational agency under part A of title II 

only to the extent that the local educational agency uses funds 

under that part to provide professional development to teachers and others. 

ø(B) Subject to subparagraph (A), the share of the local educational agency’s subgrant under part A of title II that is used 

for professional development and subject to a determination of 

equitable expenditures under subsection (a)(4) shall not be less 

than the aggregate share of that agency’s awards that were 

used for professional development for fiscal year 2001 under 

section 2203(1)(B) (as such section was in effect on the day preceding the date of enactment of the No Child Left Behind Act 

of 2001) and section 306 of the Department of Education Appropriations Act, 2001. 

ø(c) CONSULTATION.— ø(1) IN GENERAL.—To ensure timely and meaningful consultation, a State educational agency, local educational agency, 

educational service agency, consortium of those agencies, or entity shall consult with appropriate private school officials during the design and development of the programs under this 

Act, on issues such as— 

ø(A) how the children’s needs will be identified; 

ø(B) what services will be offered; 

ø(C) how, where, and by whom the services will be provided; 

ø(D) how the services will be assessed and how the results of the assessment will be used to improve those services; 

ø(E) the size and scope of the equitable services to be 

provided to the eligible private school children, teachers, 

and other educational personnel and the amount of funds 

available for those services; and 


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ø(F) how and when the agency, consortium, or entity will 

make decisions about the delivery of services, including a 

thorough consideration and analysis of the views of the 

private school officials on the provision of contract services 

through potential third-party providers. 

ø(2) DISAGREEMENT.—If the agency, consortium, or entity 

disagrees with the views of the private school officials on the 

provision of services through a contract, the agency, consortium, or entity shall provide to the private school officials a 

written explanation of the reasons why the local educational 

agency has chosen not to use a contractor. 

ø(3) TIMING.—The consultation required by paragraph (1) 

shall occur before the agency, consortium, or entity makes any 

decision that affects the opportunities of eligible private school 

children, teachers, and other educational personnel to participate in programs under this Act, and shall continue throughout the implementation and assessment of activities under this 

section. 

ø(4) DISCUSSION REQUIRED.—The consultation required by 

paragraph (1) shall include a discussion of service delivery 

mechanisms that the agency, consortium, or entity could use to 

provide equitable services to eligible private school children, 

teachers, administrators, and other staff. 

ø(d) PUBLIC CONTROL OF FUNDS.— ø(1) IN GENERAL.—The control of funds used to provide services under this section, and title to materials, equipment, and 

property purchased with those funds, shall be in a public agency for the uses and purposes provided in this Act, and a public 

agency shall administer the funds and property. 

ø(2) PROVISION OF SERVICES.— ø(A) IN GENERAL.—The provision of services under this 

section shall be provided— 

ø(i) by employees of a public agency; or 

ø(ii) through contract by the public agency with an 

individual, association, agency, organization, or other 

entity. 

ø(B) INDEPENDENCE; PUBLIC AGENCY.—In the provision 

of those services, the employee, person, association, agency, organization, or other entity shall be independent of 

the private school and of any religious organization, and 

the employment or contract shall be under the control and 

supervision of the public agency. 

ø(C) COMMINGLING OF FUNDS PROHIBITED.—Funds used 

to provide services under this section shall not be commingled with non-Federal funds. 

øSEC. 9502. STANDARDS FOR BY-PASS. 

ø(a) IN GENERAL.—If, by reason of any provision of law, a State 

educational agency, local educational agency, educational service 

agency, consortium of those agencies, or other entity is prohibited 

from providing for the participation in programs of children enrolled in, or teachers or other educational personnel from, private 

elementary schools and secondary schools, on an equitable basis, or 

if the Secretary determines that the agency, consortium, or entity 

has substantially failed or is unwilling to provide for that participation, as required by section 9501, the Secretary shall— 


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ø(1) waive the requirements of that section for the agency, 

consortium, or entity; and 

ø(2) arrange for the provision of equitable services to those 

children, teachers, or other educational personnel through arrangements that shall be subject to the requirements of this 

section and of sections 9501, 9503, and 9504. 

ø(b) DETERMINATION.—In making the determination under subsection (a), the Secretary shall consider one or more factors, including the quality, size, scope, and location of the program, and the 

opportunity of private school children, teachers, and other educational personnel to participate in the program. 

øSEC. 9503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE 

SCHOOL CHILDREN. 

ø(a) PROCEDURES FOR COMPLAINTS.—The Secretary shall develop 

and implement written procedures for receiving, investigating, and 

resolving complaints from parents, teachers, or other individuals 

and organizations concerning violations of section 9501 by a State 

educational agency, local educational agency, educational service 

agency, consortium of those agencies, or entity. The individual or 

organization shall submit the complaint to the State educational 

agency for a written resolution by the State educational agency 

within a reasonable period of time. 

ø(b) APPEALS TO SECRETARY.—The resolution may be appealed by 

an interested party to the Secretary not later than 30 days after 

the State educational agency resolves the complaint or fails to resolve the complaint within a reasonable period of time. The appeal 

shall be accompanied by a copy of the State educational agency’s 

resolution, and a complete statement of the reasons supporting the 

appeal. The Secretary shall investigate and resolve the appeal not 

later than 120 days after receipt of the appeal. 

øSubpart 2—Other Provisions 

øSEC. 9521. MAINTENANCE OF EFFORT. 

ø(a) IN GENERAL.—A local educational agency may receive funds 

under a covered program for any fiscal year only if the State educational agency finds that either the combined fiscal effort per student or the aggregate expenditures of the agency and the State 

with respect to the provision of free public education by the agency 

for the preceding fiscal year was not less than 90 percent of the 

combined fiscal effort or aggregate expenditures for the second preceding fiscal year. 

ø(b) REDUCTION IN CASE OF FAILURE TO MEET.— 

ø(1) IN GENERAL.—The State educational agency shall reduce 

the amount of the allocation of funds under a covered program 

in any fiscal year in the exact proportion by which a local educational agency fails to meet the requirement of subsection (a) 

of this section by falling below 90 percent of both the combined 

fiscal effort per student and aggregate expenditures (using the 

measure most favorable to the local agency). 

ø(2) SPECIAL RULE.—No such lesser amount shall be used for 

computing the effort required under subsection (a) of this section for subsequent years. 


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ø(c) WAIVER.—The Secretary may waive the requirements of this 

section if the Secretary determines that a waiver would be equitable due to— 

ø(1) exceptional or uncontrollable circumstances, such as a 

natural disaster; or 

ø(2) a precipitous decline in the financial resources of the 

local educational agency. 

øSEC. 9526. GENERAL PROHIBITIONS. 

ø(a) PROHIBITION.—None of the funds authorized under this Act 

shall be used— 

ø(1) to develop or distribute materials, or operate programs 

or courses of instruction directed at youth, that are designed 

to promote or encourage sexual activity, whether homosexual 

or heterosexual; 

ø(2) to distribute or to aid in the distribution by any organization of legally obscene materials to minors on school grounds; 

ø(3) to provide sex education or HIV-prevention education in 

schools unless that instruction is age appropriate and includes 

the health benefits of abstinence; or 

ø(4) to operate a program of contraceptive distribution in 

schools. 

ø(b) LOCAL CONTROL.—Nothing in this section shall be construed 

to— 

ø(1) authorize an officer or employee of the Federal Government to mandate, direct, review, or control a State, local educational agency, or school’s instructional content, curriculum, 

and related activities; 

ø(2) limit the application of the General Education Provisions Act; 

ø(3) require the distribution of scientifically or medically 

false or inaccurate materials or to prohibit the distribution of 

scientifically or medically true or accurate materials; or 

ø(4) create any legally enforceable right. 

øSEC. 9527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF 

FEDERAL FUNDS. 

ø(a) GENERAL PROHIBITION.—Nothing in this Act 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 curriculum, program of instruction, or allocation of 

State or local resources, or mandate a State or any subdivision 

thereof to spend any funds or incur any costs not paid for under 

this Act. 

ø(b) PROHIBITION ON ENDORSEMENT OF CURRICULUM.—Notwithstanding any other prohibition of Federal law, no funds provided 

to the Department under this Act may be used by the Department 

to endorse, approve, or sanction any curriculum designed to be 

used in an elementary school or secondary school. 

ø(c) PROHIBITION ON REQUIRING FEDERAL APPROVAL OR CERTIFI- CATION OF STANDARDS.— ø(1) IN GENERAL.—Notwithstanding any other provision of 

Federal law, no State shall be required to have academic content or student academic achievement standards approved or 

certified by the Federal Government, in order to receive assistance under this Act. 


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ø(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to affect requirements under title I or part 

A of title VI. 

ø(d) RULE OF CONSTRUCTION ON BUILDING STANDARDS.—Nothing 

in this Act shall be construed to mandate national school building 

standards for a State, local educational agency, or school. 

øSEC. 9528. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND 

STUDENT RECRUITING INFORMATION. 

ø(a) POLICY.— 

ø(1) ACCESS TO STUDENT RECRUITING INFORMATION.—Notwithstanding section 444(a)(5)(B) of the General Education 

Provisions Act and except as provided in paragraph (2), each 

local educational agency receiving assistance under this Act 

shall provide, on a request made by military recruiters or an 

institution of higher education, access to secondary school students names, addresses, and telephone listings. 

ø(2) CONSENT.—A secondary school student or the parent of 

the student may request that the student’s name, address, and 

telephone listing described in paragraph (1) not be released 

without prior written parental consent, and the local educational agency or private school shall notify parents of the option to make a request and shall comply with any request. 

ø(3) SAME ACCESS TO STUDENTS.—Each local educational 

agency receiving assistance under this Act shall provide military recruiters the same access to secondary school students as 

is provided generally to post secondary educational institutions 

or to prospective employers of those students. 

ø(b) NOTIFICATION.—The Secretary, in consultation with the Secretary of Defense, shall, not later than 120 days after the date of 

enactment of the No Child Left Behind Act of 2001, notify principals, school administrators, and other educators about the requirements of this section. 

ø(c) EXCEPTION.—The requirements of this section do not apply 

to a private secondary school that maintains a religious objection 

to service in the Armed Forces if the objection is verifiable through 

the corporate or other organizational documents or materials of 

that school. 

ø(d) SPECIAL RULE.—A local educational agency prohibited by 

Connecticut State law (either explicitly by statute or through statutory interpretation by the State Supreme Court or State Attorney 

General) from providing military recruiters with information or access as required by this section shall have until May 31, 2002, to 

comply with that requirement. 

øSEC. 9529. PROHIBITION ON FEDERALLY SPONSORED TESTING. 

ø(a) GENERAL PROHIBITION.—Notwithstanding any other provision of Federal law and except as provided in subsection (b), no 

funds provided under this Act to the Secretary or to the recipient 

of any award may be used to develop, pilot test, field test, implement, administer, or distribute any federally sponsored national 

test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law. 

ø(b) EXCEPTIONS.—Subsection (a) shall not apply to international 

comparative assessments developed under the authority of section 

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istered to only a representative sample of pupils in the United 

States and in foreign nations. 

øSEC. 9530. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION 

FOR TEACHERS. 

ø(a) MANDATORY NATIONAL TESTING OR CERTIFICATION OF

TEACHERS.—Notwithstanding any other provision of this Act or any 

other provision of law, no funds available to the Department or otherwise available under this Act may be used for any purpose relating to a mandatory nationwide test or certification of teachers or 

education paraprofessionals, including any planning, development, 

implementation, or administration of such test or certification. 

ø(b) PROHIBITION ON WITHHOLDING FUNDS.—The Secretary is 

prohibited from withholding funds from any State educational 

agency or local educational agency if the State educational agency 

or local educational agency fails to adopt a specific method of teacher or paraprofessional certification. 

øSEC. 9532. UNSAFE SCHOOL CHOICE OPTION. 

ø(a) UNSAFE SCHOOL CHOICE POLICY.—Each State receiving 

funds under this Act shall establish and implement a statewide 

policy requiring that a student attending 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 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. 

ø(b) CERTIFICATION.—As a condition of receiving funds under this 

Act, a State shall certify in writing to the Secretary that the State 

is in compliance with this section. 

øSEC. 9535. RULEMAKING. 

øThe Secretary shall issue regulations under this Act only to the 

extent that such regulations are necessary to ensure that there is 

compliance with the specific requirements and assurances required 

by this Act. 

øSEC. 9536. SEVERABILITY. 

øIf any provision of this Act is held invalid, the remainder of this 

Act shall be unaffected thereby. 

øPART F—EVALUATIONS 

øSEC. 9601. 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— 

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; 


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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.¿ 

SECTION 602 OF THE INDIVIDUALS WITH DISABILITIES 

EDUCATION ACT 

SEC. 602. DEFINITIONS. 

Except as otherwise provided, in this title: 

(1) * * * 

* * * * * * * 

ø(10) HIGHLY QUALIFIED.— 

ø(A) IN GENERAL.—For any special education teacher, 

the term ‘‘highly qualified’’ has the meaning given the 

term in section 9101 of the Elementary and Secondary 

Education Act of 1965, except that such term also— 

ø(i) includes the requirements described in subparagraph (B); and 

ø(ii) includes the option for teachers to meet the requirements of section 9101 of such Act by meeting the 

requirements of subparagraph (C) or (D). 

ø(B) REQUIREMENTS FOR SPECIAL EDUCATION TEACHERS.—When used with respect to any public elementary 

school or secondary school special education teacher teaching in a State, such term means that— 

ø(i) the teacher has obtained full State certification 

as a special education teacher (including certification 

obtained through alternative routes to certification), or 

passed the State special education teacher licensing 

examination, and holds a license to teach in the State 

as a special education teacher, 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; 

ø(ii) the teacher has not had special education certification or licensure requirements waived on an 

emergency, temporary, or provisional basis; and 


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ø(iii) the teacher holds at least a bachelor’s degree. 

ø(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 section 1111(b)(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— 

ø(i) meet the applicable requirements of section 

9101 of such Act for any elementary, middle, or secondary school teacher who is new or not new to the 

profession; or 

ø(ii) meet the requirements of subparagraph (B) or 

(C) of section 9101(23) 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. 

ø(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— 

ø(i) meet the applicable requirements of 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; 

ø(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 section 9101(23)(C)(ii) of such Act, 

which may include a single, high objective uniform 

State standard of evaluation covering multiple subjects; or 

ø(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 section 9101(23)(C)(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. 

ø(E) RULE OF CONSTRUCTION.—Notwithstanding any 

other individual right of action that a parent or student 

may maintain under this part, nothing in this section or 

part shall be construed to create a right of action on behalf 


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of an individual student or class of students for the failure 

of a particular State educational agency or local educational agency employee to be highly qualified. 

ø(F) DEFINITION FOR PURPOSES OF THE ESEA.—A teacher 

who is highly qualified under this paragraph shall be considered highly qualified for purposes of the Elementary 

and Secondary Education Act of 1965.¿ 

* * * * * * * 


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MINORITY VIEWS 

OVERVIEW

Committee Democrats adamantly and unanimously oppose H.R. 

3989, the Student Success Act. All present Democratic members 

voted in opposition to the legislation during its consideration in 

Committee on February 28, 2012. While we believe the No Child 

Left Behind Act (NCLB) is long-overdue for reauthorization, H.R. 

3989 does not set forth a reauthorization that would improve student education, but instead would turn the clock back decades on 

equity and accountability in American public education. Additionally, the partisan path the Committee Republicans chose to take 

with this legislation lacks the consensus and bipartisanship necessary to complete a reauthorization of this important law this 

Congress. 

The Committee Democrats oppose H.R. 3989 because it shortchanges students, weakens accountability in education, and fails to 

update current law to take the public education system into the 

21st century. This opposition is shared by the majority of the education, civil rights and business community. The bill dismantles equity in education for all students regardless of poverty, disability, 

or other challenges. The Republican bill eliminates critical supports 

and accountability to provide a balanced and effective education to 

every child. Unfortunately, the legislation sends an unambiguous 

signal that college and career readiness is not a national priority. 

Given the urgent need to fix current law and to address the fatal 

flaws of H.R. 3989, Democrats offered at mark-up a comprehensive 

substitute to the Republican bill that demonstrates a positive vision for the reauthorization and a path forward. The Democrats’ 

proposal garnered support from the civil rights, education, and 

business communities. Additionally, Democrats opposed Republican 

amendments to H.R. 3989 because the proposed small changes 

would not have fixed the fundamental flaws in the underlying bill. 

Committee Democrats believe that the reauthorization of NCLB 

must build upon what we have learned over the last 10 years and 

take advantage of and support the advancements that have been 

made in that time. We also believe the reauthorization should not 

dismantle the equity and civil rights aspects of current law. Democrats believe the reauthorization should support college and career 

ready standards and a modern assessment system. Federal policy 

should support an accountability system that includes meaningful 

goals and targets for improving student achievement and a school 

improvement system that gives schools and districts flexibility in 

how they achieve those goals. 

By taking this partisan approach, Committee Republicans effectively ensure that NCLB will remain the law of the land, denying 


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the nation’s students and schools the reforms they need to move 

forward. 

H.R. 3989 UNDERMINES THE FEDERAL ROLE IN EDUCATION TO

PROMOTE EQUAL OPPORTUNITY

With the passage of the first Elementary and Secondary Education Act (ESEA) in 1965, in response to the Brown vs. Board of 

Education decision, the federal role in education has been focused 

on ensuring equal opportunity in education. It has been about ensuring that our nation’s public schools are giving students a fair 

chance at a future of their choice and not locking them into their 

station in life. Economic mobility is a hallmark and measure of 

equal opportunity in our nation—access to a high quality education 

is the only sure path to achieve this security. 

The federal interest in a strong public education system is 

grounded in civil rights, economic, and national security concerns. 

All three areas are threatened by an elementary and secondary 

educational system that is not held accountable for supporting the 

potential of all our nation’s students. Unfortunately, H.R. 3989 

both undermines the promise of the Brown decision, and the federal role in supporting a strong public education system that promotes civil rights, that feeds a strong economy, and that builds our 

national security. 

STANDARDS AND ASSESSMENTS

H.R. 3989 does not support the national consensus for college 

and career ready standards to ensure students graduate ready to 

succeed and, despite the advances in technology, it fails to modernize assessments to measure progress towards those standards. 

The bill does not contain requirements that States set high standards to graduate students who are college and career-ready. Current law requires states to establish standards, but does not assess 

the rigor of those standards. NCLB did not have a check on the 

rigor of assessments, and since it was enacted, some States chose 

to lower their standards. In fact, according to a 2009 NAEP State 

Mapping Analysis, 15 states lowered their proficiency standards in 

fourth- or eighth-grade reading or math from 2005 to 2007. As a 

result, stakeholders from civil rights groups, business groups, and 

educators believe that reauthorization must ensure that academic 

standards help students graduate prepared for college and careers. 

However, instead of modernizing the law, H.R. 3989 weakens 

current law by not establishing parameters on quality standards, 

and it even goes as far as to eliminate use of the word ‘‘challenging’’ with regard to standards. The bill also removes the requirement in current law that requires States to establish science 

standards and assessments. As currently required by NCLB, all 

States have science standards and assessments which are administered once per grade span. The elimination of this requirement 

clearly demonstrates the legislation’s lack of attention to the workforce needs of American business in a global economy. 

High-quality assessments are essential to measure our progress 

as a nation and to ensure we have reliable data to improve student 

achievement, instruction, and schools. H.R. 3989 does not support 

the development of high-quality assessments. The bill, similar to 


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current law, requires annual English and math assessments in 

grades 3–8 and once in high schools. It also requires assessments 

to measure growth. Unfortunately, the legislation does not ensure 

assessments are high-quality, reflect the advancements in assessments over the past decade, or even require that states differentiate achievement levels of students. Additionally, H.R. 3989 eliminates the Grants for State Assessments program which supports 

State development of high-quality assessments. High-quality assessment systems are expensive to develop but critical to effectively 

measuring student achievement and to supporting improvements 

in teaching and learning. This assessment program provides critical support to States to develop the next generation of assessments. 

H.R. 3989 also fails to ensure all children are held to high expectations by permitting States to develop alternate achievement 

standards for students with the most significant cognitive disabilities but does not establish any parameters to determine which students should be assessed in this category. Additionally, the bill 

would eliminate the current regulation that caps at one percent the 

number of students assessed alternatively. This regulation ensures 

schools are still held accountable for the achievement of students 

with disabilities. 

By eliminating the cap, H.R. 3989 permits all students with disabilities to be held to lower standards and given different assessments, effectively allowing those students to be educated in a parallel but lesser system. As a result, large numbers of students with 

disabilities could be prevented from receiving a regular high school 

diploma. Additionally, this bill would create a perverse incentive to 

over-identify children for special education to include them in the 

lower standard. Low-income and minority students are already 

over-represented in special education, and this legislation could exacerbate that problem. 

ACCOUNTABILITY AND SCHOOL IMPROVEMENT

One of the most critical aspects of NCLB was that, for the first 

time, schools were held accountable for the performance of all students, including student subgroups, and they were required to take 

action when student achievement failed to improve. Over the last 

ten years, NCLB’s accountability system has received both more 

praise and criticism than any other aspect of the law. Accordingly, 

Democrats firmly believe that the accountability and school improvement system must be updated to reflect what we have learned 

over the last ten years, but without abandoning a focus on accountability. 

Unfortunately, H.R. 3989 would allow States to establish weak 

accountability systems that would not require performance targets 

for student achievement, would not require schools take action to 

improve low performance, and would not ensure all students have 

access to high-quality schools. H.R. 3989 provides no federal guardrails on accountability for student achievement and does not support the expectation that all students should graduate high school. 

The lack of quality and consistency in the state systems combined 

with weak standards and low-quality assessments would provide 

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ency from district to district or state to state. Therefore, student 

performance, specifically for subgroups, could again be masked and 

go unaddressed, as they did prior to NCLB. 

H.R. 3989 does not require states to establish overall goals for 

student achievement or to establish performance targets to measure progress toward that goal. In addition, despite clear consensus 

on the need for graduation rate accountability to be paired with accountability for student achievement to ensure low-performing students do not get pushed out of school, H.R. 3989 does not include 

graduation rates. Further, the bill dismantles current regulations 

requiring states have and utilize meaningful graduation rate accountability. 

Additionally, while H.R. 3989 requires school improvement systems be established, it does not establish any parameters for identifying schools for improvement. Therefore, there is no assurance 

that schools that are failing to improve student achievement will 

be required to take action to improve. Worse, the students in those 

schools will not be provided with an assurance that they have the 

right to a better education. Specifically, H.R. 3989 does not define 

low-performing schools or establish any parameters on interventions in such schools. The bill does not establish timelines for improvement or consequences if schools do not improve, thereby leaving students to languish in low-performing schools. 

H.R. 3989 also fails to recognize the critical role of the Department of Education in implementing the law by prohibiting the Secretary of Education from providing guidance on any of the bill’s 

standards, assessments, or accountability provisions. This shortsighted and highly partisan legislative approach assumes a perfect 

bill in need of no future clarification or guidance and a stagnant 

education system. Under the bill, the Secretary would be prohibited 

from simply assisting states with guidance when implementation 

on the ground may be unclear or challenging. Additionally, this 

provision would ensure that regulations, including those establishing requirements on graduation rates or the one percent cap on 

the number of students taking alternate assessments, could not be 

upheld. 

H.R. 3989 also removes current law protections on collective bargaining rights. Current law ensures that teachers are included in 

the school improvement process and are not sidelined. The removal 

of this provision ignores both the rights of teachers to collectively 

bargain and their important role in improving student achievement. 

FISCAL RESPONSIBILITY AND ‘‘FLEXIBILITY’’ 

H.R. 3989 undermines fiscal responsibility for special populations 

of students, reduces fiscal transparency, and cuts education funding. 

Special populations 

Under the guise of flexibility, H.R. 3989 attacks the rights of special populations of students. H.R. 3989 consolidates the following 

programs as percentage set-asides under Title I, Part A: English 

Language Learners (currently Title III); Education of Migratory 

Children (currently Title I–C); Indian, Native American and Alaska 


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Native Education (currently Title VII); Neglected and Delinquent 

Students (currently Title I–D); and Rural Education Initiative (currently Title VI–B). The bill also allows for funds to be shared 

across what would be the new Title I, Part A, permitting states and 

districts to siphon funds away from the very populations that drive 

certain ESEA funding allocations and that the law intended to 

serve. 

The Republicans claim these current law funding streams are inflexible, but the reality is states and districts have few, if any, restrictions on how the funding can be used. The only restriction is 

on whom the funding be used in order to support the populations 

for which they are intended. The Republicans additionally claim 

that they maintain the funding streams for these populations, but 

they merely make them a percentage set-aside of Title I and then 

allow complete flexibility in how districts utilize those funds. 

Current law establishes separate funding streams to help ensure 

the needs of English language learners, migrant students, neglected and delinquent students, and Indian students are being 

met. Title III, part A of the Elementary and Secondary Education 

Act was created, after the Lau vs Nichols Supreme Court ruling, 

to help ensure that English learners attain English proficiency, develop high levels of academic attainment in English, and meet the 

same state academic content and student academic achievement 

standards that all students are expected to meet. This program 

supports 4.5 million English learners in the United States. The 

educational needs of migrant children go well beyond those traditionally supported by state and local budgets, and, due to their 

high mobility, no single state or district is responsible for their education. In turn, the schools that serve high concentrations of migrant students are among the Nation’s highest-need schools. Title 

I, Part C was created to provide additional funding to support migrant students. This program currently serves about 500,000 students. Authorized over 40 years ago, Title I, part D creates both 

a state and local program intended to improve educational services 

for students who are neglected, delinquent, or at risk of dropping 

out of school. This program currently serves over 100,000 students. 

Indian children are subject to significant risk factors that threaten 

their academic success and overall well-being. To help schools address their unique needs, Congress established Title VII, part A of 

ESEA. This program currently serves about 500,000 students. 

Democrats believe funding allocated based on the number of children in need of services from the number of migrant students, the 

number of neglected or delinquent students, the number of English 

Language Learners, or the number of American Indian students 

should be used for services for those students to improve educational outcomes for those students. Increasing flexibility is needed in this reauthorization, but it must be grounded in increasing 

equity and improving student achievement. This flexibility can be 

accomplished by aligning data and allowing flexibility in school improvement. Arbitrary flexibility policies, as put forth by H.R. 3989, 

undermine equality of opportunity and hinder our economic competitiveness. 


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Fiscal accountability 

H.R. 3989 also eliminates fiscal accountability by striking the 

current law ‘‘maintenance of effort’’ provisions (MOE). Under the 

Republican bill, states and districts will be able to reduce their 

nonfederal education spending without any penalty. This provision 

will allow states and districts to use education funds for tax relief 

or other initiatives unrelated to education, rather than efforts to 

support students. 

Under current law, MOE requires districts receiving Title I funds 

to spend at least 90 percent of what they spent in the previous year 

from nonfederal sources. This helps to prevent big decreases in 

education investment, whether driven by tough budget times or 

genuine desire to reduce education funding. The Republicans claim 

the MOE provision is a ‘‘federal overreach,’’ but maintenance of effort makes requirements about the levels of state and local spending, not about how money should be spent. 

Committee Republicans claim that because they maintain the 

‘‘supplement, not supplant’’ provision they maintain fiscal accountability. However, eliminating the maintenance of effort requirement and providing complete flexibility in how districts spend their 

federal dollars, means there is no way under H.R. 3989 to actually 

measure whether districts are using federal money to supplement 

not supplant local money. ‘‘Supplement, not supplant’’ will become 

meaningless, and education spending across the country will decrease. Democrats believe the maintenance of effort provision must 

be maintained to ensure tax dollars are being spent responsibly. 

Funding 

H.R. 3989 caps funding at FY 11 appropriations levels and caps 

annual increases based on the inflation rate. Democrats believe 

education funding should not be held to arbitrary caps and that 

funding should reflect national need and priority if our nation is to 

remain globally competitive. 

WAIVER AUTHORITY

H.R. 3989 limits the waiver authority of the Secretary of Education, apparently in response to the voluntary flexibility offered by 

the Department of Education to certain provisions of current law. 

In February of 2012, 11 states were approved to receive waivers 

and an additional 28 had signaled their intention to voluntarily 

apply for this flexibility. 

While Committee Republicans have questioned the legal authority of the Department of Education to grant conditional waivers, 

Sec. 9401 of current law clearly provides the Secretary of Education broad waiver authority. The waiver authority currently used 

by the Secretary of Education mirrors authority used by Secretary 

Margaret Spellings to administer the Differentiated Accountability 

Pilot and for the Growth Model Pilot. 

Additionally, the nonpartisan Congressional Research Service 

(CRS) in their February 2012 report entitled Educational Accountability and Secretarial Waiver Authority Under the ESEA and in a 

June 2011 memo to the Committee on Education and the Workforce Majority Committee Staff has explained the legal authority of 


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the Department of Education to provide this flexibility. In the February report, CRS states: 

Based on the plain language of the statute, the scope of 

ED’s waiver authority appears to be quite broad, suggesting that ED may indeed have the authority to waive 

the various requirements of the ESEA specified in its flexibility proposal. This interpretation is bolstered by the fact 

that, although the ESEA previously contained similar 

waiver authority, Congress expressly enacted the current 

waiver provisions as part of the No Child Left Behind Act 

amendments to the ESEA, signaling that Congress clearly 

understood and intended for ED to waive the requirements 

of that act when appropriate. 

The report further states: 

. . . the courts will generally uphold an agency’s exercise of its statutory waiver authority so long as the agency 

develops an adequate record regarding its decision to grant 

a waiver and ensures that the waiver is granted consistent 

with the statutory purposes and procedures set forth in 

the section authorizing such waivers. As a result, it appears that ED does have the authority to waive ESEA 

statutory requirements related to issues such as academic 

standards and assessments; accountability requirements, 

including the timeline by which all students are to be proficient in reading/language arts and mathematics; school 

improvement, corrective action, and restructuring requirements; and public school choice and supplemental educational services, as long as ED develops the aforementioned adequate record and ensures that the waiver is 

granted consistent with the statutory purposes and procedures set forth in Section 9401. 

CRS also highlights the voluntary nature of the waivers currently 

offered by the Department of Education. 

BROAD OPPOSITION TO H.R. 3989

H.R. 3989 was opposed by a broad array of education, civil rights 

and business organizations. Over 200 groups, representing students, teachers, school leaders, parents, and business wrote letters 

in opposition to H.R. 3989. Some of the groups in opposition include: the U.S. Chamber of Commerce, the Education Trust, the 

Leadership Conference on Civil and Human Rights, the Consortium for Citizens with Disabilities, the National PTA, the Business 

Coalition for Student Achievement, the National Center for Learning Disabilities, the Lawyers’ Committee for Civil Rights Under 

Law, MALDEF, NAACP, National Council of La Raza, the Council 

for Exceptional Children, the National Education Association, the 

National Association of Elementary School Principles, the National 

Association of Secondary School Principals, the American Federation of Teachers, the Children’s Defense Fund, National Disability 

Rights Network, Council of Chief State School Officers, and the 

Council of the Great City Schools. 

Additionally, the Congressional Black Caucus, the Congressional 

Hispanic Caucus, and the Congressional Asian Pacific American 


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Caucus wrote a letter in opposition to H.R. 3989 citing ‘‘the potentially grave consequences’’ of this bill on students and communities. 

DEMOCRATIC VISION FOR ESEA REAUTHORIZATION—SUBSTITUTE

AMENDMENT

Given the significant concerns across H.R. 3989, Democrats offered a full substitute to the Republican bill and did not support 

any small fixes through other amendments. 

The Democratic substitute would support a 21st century education system and ensure all students have access to a world-class 

education. Democrats offered a full substitute amendment for H.R. 

3989 that struck all of H.R. 3989 and amended Title I, part A of 

ESEA by eliminating the inflexible and outdated provisions of 

NCLB and requiring states and LEA’s to adopt strong but flexible 

and achievable standards, assessments, and accountability reforms 

that ensure all students graduate high school prepared for college 

and the workforce. 

Standards and assessments 

In order to ensure students graduate high school prepared to 

enter the workforce or college without the need for remediation, the 

Democratic substitute required States to establish college and career ready standards for English language arts, math, and science 

for kindergarten through grade 12 and high-quality assessments 

aligned to those standards. It also included a program to support 

the development of high-quality assessments. 

Unlike H.R. 3989, the substitute improved current law by requiring that standards be validated to ensure that proficiency in the 

standards signals that students are on-track to enter the workforce 

or postsecondary education without need for remediation. The substitute updates the assessment quality requirements to align with 

the Race to the Top Assessment Competition, which has over 40 

States participating, to create the next generation of assessments. 

It also ensures that new high-quality assessments are accessible for 

all students by incorporating universal design for learning and providing for accommodations for students with disabilities and 

English learners. Additionally, the Democratic substitute restores 

the requirement that States have standards and assessments for 

science, which had been eliminated in H.R. 3989. Including science 

standards and assessments is essential to ensure we adequately 

prepare students for the 21st Century workforce and high-demand 

STEM careers. 

Accountability and school improvement 

The Democratic substitute includes the appropriate balance between accountability and flexibility to ensure schools are held accountable for the achievement of all students but have the opportunity to address their specific student needs. 

The Democratic substitute requires States to establish accountability systems that set performance, growth, and graduation targets to achieve the goal of all students, including subgroups of students (low-income, racial and ethnic groups, English learners, and 

students with disabilities) graduate college and career ready. Unlike H.R. 3989, this substitute improves current law by effectively 

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nating the restrictive AYP system while still ensuring States establish performance targets for all students and subgroups that are 

ambitious but achievable; and establishing parameters to ensure 

fair accountability, including requiring States to have an ‘n-size’ 

that is 25 or less. 

Additionally, this substitute restores accountability with guardrails on schools to ensure all students, including subgroups of students, are prepared for college and careers, and restores graduation 

rate accountability tied to the targets established by States under 

the graduation rate regulation. These protections which help ensure students are taught to high standards and graduate high 

school were eliminated in H.R. 3989. 

The Democratic substitute puts forth a strong but flexible model 

for school improvement that provides a differentiated approach to 

help schools target their students’ needs. The substitute requires 

States, along with LEAs, to identify schools in need of improvement that have missed performance targets and persistently lowachieving schools that have the lowest achievement in the State. If 

identified as a school in need of improvement, that school would 

use their data and develop a targeted plan to improve achievement. 

Persistently low-achieving schools would be required to develop an 

improvement plan addressing schoolwide factors, school organization, teacher and leader effectiveness, curriculum and instruction, 

student academic and social support services, family engagement, 

and governance policies. 

Unlike H.R. 3989, this substitute improves current law by eliminating the one-size-fits-all approach to school improvement and the 

prescriptive timelines and including a flexible, targeted, and differentiated approach to improvement that is tied to the specific 

needs of the school. It also supports districts in using improvement 

indicators (including indicators of student engagement, student advancement, educator quality, and academic learning) rather than 

just test scores to measure the progress of schools in improvement. 

Additionally, this substitute restores provisions eliminated by 

H.R. 3989 to ensure that schools not making performance targets 

are expected to improve the achievement of their students. The 

substitute contains additional requirements that the lowest performing schools take significant steps to improve their achievement 

by addressing schoolwide factors, school organization, teacher and 

leader effectiveness, curriculum and instruction, student academic 

and social support services, family engagement, and governance 

policies. 

Students with disabilities 

The Democratic substitute ensures students with disabilities are 

held to high standards and are included in accountability systems. 

It permits states to establish alternate assessments aligned with 

alternate achievement standards for students with the most significant cognitive disabilities. When including these students in calculations for accountability, LEAs and States may include their 

scores for up to one percent of all students. The Substitute also requires States to establish guidelines for Individualized Education 

Program (IEP) teams in determining whether students should be 

assessed on alternate achievement standards. The amendment 


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eliminates the use of alternate assessments aligned to modified 

achievement standards aligned with the implementation of new 

high-quality assessments. 

Unlike H.R. 3989, this substitute improves current law by requiring that alternate assessments meet the high-quality criteria of the 

regular assessments. It requires that the alternate achievement 

standards be vertically aligned to ensure students achieving proficiency can access college and careers. It improves the guidelines 

for IEP teams by ensuring students have access to the general education curriculum and that placement in alternate assessments do 

not influence placement in the least restrictive environment. 

Additionally, this substitute codifies the one percent cap for accountability to ensure all students with disabilities are included in 

accountability systems and that there is not an incentive to increase referrals to special education. This cap was eliminated by 

H.R. 3989. 

English learners 

The Democratic substitute requires States establish English language proficiency standards, assessments, and targets to ensure all 

students are achieving English language proficiency. It also requires States establish native language assessments when State 

have at least 10,000 students or 25 percent of students who speak 

the same native language. 

Unlike H.R. 3989, this improves current law by moving English 

language proficiency targets into Title I, part A to increase the coordination in accountability systems and establishing parameters 

for native language assessments so that students are fairly assessed in a manner that helps them best demonstrate their knowledge. This substitute also restores English language proficiency 

targets which were eliminated by H.R. 3989. 

Reporting 

Quality and transparent reporting is essential to ensure parents, 

schools, and districts have access to critical information to help improve student achievement. The Democratic substitute meets this 

important need by requiring States and LEAs have district report 

cards that present information in the aggregate, disaggregated, and 

cross-tabulated on student achievement, student growth, graduation rates, and improvement indicators (including indicators of student engagement, student advancement, educator quality, and academic learning). The report cards also include information on alternate assessments, information on English language proficiency, 

teacher qualifications, teacher effectiveness, and per-pupil expenditures (that are determined using actual teacher salaries). 

Unlike H.R. 3989, these provisions improve current law by including cross-tabulation, student growth, and information performance on alternate assessments, appropriately defining the 4-year 

adjusted cohort graduation rate and the cumulative rate, and using 

actual teacher salaries to determine per-pupil expenditures. Additionally, the substitute restores reporting by gender and migrant 

status, which had been eliminated by H.R. 3989. 


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1 Amos, J. (August 2008). Dropouts, Diplomas, and Dollars: U.S. High Schools and the Nation’s Economy. Alliance for Excellent Education. 

Fiscal responsibility and ‘‘flexibility’’ 

The Democratic substitute reinstates support for special populations of students by restoring separate dedicated funding streams 

for migrant students, neglected and delinquent students, English 

learners, rural students, and Indian students. It eliminates the Republican funding ‘‘flexibility’’ provisions that do more to undermine 

accountability and student achievement than they do to provide 

needed flexibility, allowing funding from these programs to be 

spent in other areas rather than on services to the population of 

students for which it is intended. 

The Democratic Substitute also restores fiscal responsibility, 

which was eliminated by H.R. 3989. The Democratic Substitute restores maintenance of effort provisions in Title I to ensure continued State and local funding for education. It also eliminates the 

new burdensome provisions on equitable participation of private 

school students added by H.R. 3989. 

SUPPORT FOR DEMOCRATIC PRINCIPLES

The Democratic Substitute received broad support from the education, civil rights, disability, and business communities. The following organizations submitted a letter in support of the approach 

of the Democratic Substitute: U.S. Chamber of Commerce, the Education Trust, the Leadership Conference on Civil and Human 

Rights, the National PTA, the Business Coalition for Student 

Achievement, the National Center for Learning Disabilities, National Council of La Raza, the Children’s Defense Fund, National 

Disability Rights Network, the Alliance for Excellent Education, 50 

CAN: the 50–State Campaign for Achievement Now, the Advocacy 

Institute, the American Association of University Women, the Autism National Committee, the Bazelon Center for Mental Health 

Law, the Center for American Progress Action Fund, the Center for 

Law and Education, the Council of Parent Attorneys and Advocates, Inc, Democrats for Education Reform, the Disability Rights 

Education and Defense Fund, the League of United Latin American 

Citizens, the National Council on Independent Living, the National 

Down Syndrome Congress, the National Down Syndrome Society, 

the National Urban League, the National Women’s Law Center, 

the New Teacher Project, the Poverty & Race Research Action 

Council, the Southeast Asia Resource Action Center, Stand for 

Children, Students for Education Reform, the TESOL International 

Association, the Thurgood Marshall College Fund, and the STEM 

Education Coalition. 

CONCLUSION

Currently, only about 70 percent of students will graduate from 

high school. Only about half of those students who graduate are 

academically prepared for college, and one-third of students who 

enter college need remediation. This remediation costs the country 

over $3 billion per year.1 To be competitive as individuals and as 

a nation, students must be prepared for the workforce of the 21st 

century. Today’s students will not only be competing with their 

neighbors for jobs; they will be competing with workers and entreVerDate Mar 15 2010 04:31 May 02, 2012 Jkt 073975 PO 00000 Frm 00609 Fmt 6604 Sfmt 6604 E:\HR\OC\HR458.XXX HR458

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preneurs from all over the world. It is time for federal policy to 

support state efforts to meet that growing challenge. 

H.R. 3989 fails to help our students meet this challenge. First 

and foremost, the Republican bill abandons the civil rights and equity gains made for children over the last 10 years under NCLB. 

H.R. 3989 also ignores the broad national consensus that our 

schools must prepare students to graduate college-ready and career-ready. H.R. 3989 eliminates federal guardrails that ensure 

that schools are held accountable for the achievement of all students. Under the Republican bill, there would be no accountability 

for the number of students that graduate from high school, no 

transparency in how schools are evaluated, and no expectation for 

them to improve student achievement. The bill removes students 

with disabilities from the accountability system by allowing all students with disabilities to be taught to different and lower standards than the rest of the student body. H.R. 3989 undermines support and accountability for low-income students, English Learners, 

migrant students, Indian students, or neglected and delinquent 

students by creating a block-grant under Title I and removing requirements to improve achievement for English Learners. It additionally undermines accountability to taxpayers by removing Maintenance of Effort requirements that ensure states and districts 

maintain their share of funding in order to receive federal funds. 

During consideration of H.R. 3989 on February 28, 2012, Committee Democrats proposed to move the country’s education system 

forward by offering a substitute amendment aimed at helping every 

student, regardless of their background, graduate from high school 

prepared to succeed in college or the workforce. The Democratic 

Substitute offers real flexibility for States, districts, and schools 

while maintaining critical accountability to ensure that all students 

can achieve at high levels. 

GEORGE MILLER. 

JASON ALTMIRE. 

TIMOTHY H. BISHOP. 

RUSH D. HOLT. 

SUSAN A. DAVIS. 

RAU ́ L M. GRIJALVA. 

DAVE LOEBSACK. 

MARCIA L. FUDGE. 

DENNIS J. KUCINICH. 

LYNN C. WOOLSEY. 

JOHN F. TIERNEY. 

DALE E. KILDEE. 

RUBE ́ N HINOJOSA. 

ROBERT E. ANDREWS. 

CAROLYN MCCARTHY. 

ROBERT C. SCOTT. 

MAZIE K. HIRONO. 

Æ 


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