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[House Report 112-459]
[From the U.S. Government Publishing Office]

112th Congress  }                                      {  Rept. 112-459
  2d Session    }       HOUSE OF REPRESENTATIVES       {         Part 1
_______________________________________________________________________
 
           ENCOURAGING INNOVATION AND EFFECTIVE TEACHERS ACT 

                               ----------                              

                              R E P O R T

                                 of the

                COMMITTEE ON EDUCATION AND THE WORKFORCE

                              to accompany

                               H.R. 3990

TO ENCOURAGE EFFECTIVE TEACHERS IN THE CLASSROOMS OF THE UNITED STATES 
       AND INNOVATIVE EDUCATION PROGRAMS IN OUR NATION'S SCHOOLS

                             together with

                             MINORITY VIEWS

            [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

 April 27, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

           ENCOURAGING INNOVATION AND EFFECTIVE TEACHERS ACT

112th Congress  }                                       { Rept. 112-459
  2d Session    }         HOUSE OF REPRESENTATIVES      {        Part 1
_______________________________________________________________________

           ENCOURAGING INNOVATION AND EFFECTIVE TEACHERS ACT

                               __________

                              R E P O R T

                                 of the

                COMMITTEE ON EDUCATION AND THE WORKFORCE

                              to accompany

                               H.R. 3990

TO ENCOURAGE EFFECTIVE TEACHERS IN THE CLASSROOMS OF THE UNITED STATES 
       AND INNOVATIVE EDUCATION PROGRAMS IN OUR NATION'S SCHOOLS

                             together with

                             MINORITY VIEWS

             [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

 April 27, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                               ----------
                         U.S. GOVERNMENT PRINTING OFFICE 

73-976                           WASHINGTON : 2012 

112th Congress  }                                      {  Rept. 112-459
  2d Session    }       HOUSE OF REPRESENTATIVES       {         Part 1

=======================================================================

           ENCOURAGING INNOVATION AND EFFECTIVE TEACHERS 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. 3990]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 3990) to encourage effective teachers 
in the classrooms of the United States and innovative education 
programs in our Nation's schools, 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 ``Encouraging Innovation and Effective 
Teachers 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--TEACHER PREPARATION AND EFFECTIVENESS

Sec. 101. Teacher preparation and effectiveness.
Sec. 102. Conforming repeals.

          TITLE II--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

Sec. 201. Parental engagement and local flexibility.

                         TITLE III--IMPACT AID

Sec. 301. Purpose.
Sec. 302. Payments relating to Federal acquisition of real property.
Sec. 303. Payments for eligible federally connected children.
Sec. 304. Policies and procedures relating to children residing on 
Indian lands.
Sec. 305. Application for payments under sections 8002 and 8003.
Sec. 306. Construction.
Sec. 307. Facilities.
Sec. 308. State consideration of payments providing State aid.
Sec. 309. Federal administration.
Sec. 310. Administrative hearings and judicial review.
Sec. 311. Definitions.
Sec. 312. Authorization of appropriations.
Sec. 313. Conforming amendments.

                  TITLE IV--TROOPS-TO-TEACHERS PROGRAM

Sec. 401. Troops-to-teachers program.

                            TITLE V--REPEAL

Sec. 501. Repeal of title VI.

                      TITLE VI--HOMELESS EDUCATION

Sec. 601. Statement of policy.
Sec. 602. Grants for State and local activities for the education of 
homeless children and youths.
Sec. 603. Local educational agency subgrants for the education of 
homeless children and youths.
Sec. 604. Secretarial responsibilities.
Sec. 605. Definitions.
Sec. 606. Authorization of appropriations.

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.
  (d) Impact Aid.--With respect to title IV of the Act (20 U.S.C. 7701 
et seq.) (Impact Aid), this Act, and the amendments made by this Act, 
shall take effect with respect to appropriations for use under that 
title 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 II.--There are authorized to be appropriated to carry out 
title II $2,988,070,000 for fiscal year 2013.
  ``(b) Title III.--
          ``(1) Part a.--
                  ``(A) Subpart 1.--There are authorized to be 
                appropriated to carry out subpart 1 of part A of title 
                III $300,000,000 for fiscal year 2013.
                  ``(B) Subpart 2.--There are authorized to be 
                appropriated to carry out subpart 2 of part A of title 
                III $99,611,000 for fiscal year 2013.
                  ``(C) Subpart 3.--There are authorized to be 
                appropriated to carry out subpart 3 of part A of title 
                III $25,000,000 for fiscal year 2013.
          ``(2) Part b.--There are authorized to be appropriated to 
        carry out part B of title III $2,677,476,000 for fiscal year 
        2013.
  ``(c) Title IV.--
          ``(1) Payments for federal acquisition of real property.--For 
        the purpose of making payments under section 4002, there are 
        authorized to be appropriated $66,947,000 for fiscal year 2013.
          ``(2) Basic payments; payments for heavily impacted local 
        educational agencies.--For the purpose of making payments under 
        section 4003(b), there are authorized to be appropriated 
        $1,153,540,000 for fiscal year 2013.
          ``(3) Payments for children with disabilities.--For the 
        purpose of making payments under section 4003(d), there are 
        authorized to be appropriated $48,413,000 for fiscal year 2013.
          ``(4) Construction.--For the purpose of carrying out section 
        4007, there are authorized to be appropriated $17,441,000 for 
        fiscal year 2013.
          ``(5) Facilities maintenance.--For the purpose of carrying 
        out section 4008, there are authorized to be appropriated 
        $4,845,000 for fiscal year 2013.
  ``(d) Out Years.--The amounts authorized in subsections (a), (b), and 
(c) 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.''.

             TITLE I--TEACHER PREPARATION AND EFFECTIVENESS

SEC. 101. TEACHER PREPARATION AND EFFECTIVENESS.

  (a) Heading.--The title heading for title II (20 U.S.C. 6601 et seq.) 
is amended to read as follows:

          ``TITLE II--TEACHER PREPARATION AND EFFECTIVENESS''.

  (b) Part A.--Part A of title II (20 U.S.C. 6601 et seq.) is amended 
to read as follows:

               ``PART A--SUPPORTING EFFECTIVE INSTRUCTION

``SEC. 2101. PURPOSE.

  ``The purpose of this part is to provide grants to State educational 
agencies and subgrants to local educational agencies to--
          ``(1) increase student achievement consistent with State 
        academic standards under section 1111;
          ``(2) improve teacher and school leader effectiveness;
          ``(3) provide evidence-based, continuous, job-embedded 
        professional development; and
          ``(4) develop and implement teacher evaluation systems to 
        link teacher performance with student achievement to determine 
        teacher effectiveness.

                     ``Subpart 1--Grants to States

``SEC. 2111. ALLOTMENTS TO STATES.

  ``(a) In General.--Of the amounts appropriated under section 3(a), 
the Secretary shall reserve 75 percent to make grants to States with 
applications approved under section 2112 to pay for the Federal share 
of the cost of carrying out the activities specified in section 2113. 
Each grant shall consist of the allotment determined for a State under 
subsection (b).
  ``(b) Determination of Allotments.--
          ``(1) Reservation of funds.--Of the amount reserved under 
        subsection (a) for a fiscal year, the Secretary shall reserve--
                  ``(A) not more than 1 percent to carry out national 
                activities under section 2132;
                  ``(B) one-half of 1 percent for allotments to 
                outlying areas on the basis of their relative need, as 
                determined by the Secretary, in accordance with the 
                purpose of this part; and
                  ``(C) one-half of 1 percent for the Secretary of the 
                Interior for programs under this part in schools 
                operated or funded by the Bureau of Indian Education.
          ``(2) State allotments.--
                  ``(A) In general.--Subject to subparagraph (B), from 
                the funds reserved under subsection (a) for any fiscal 
                year and not reserved under paragraph (1), the 
                Secretary shall allot to each State the sum of--
                          ``(i) an amount that bears the same 
                        relationship to 50 percent of the funds as the 
                        number of individuals age 5 through 17 in the 
                        State, as determined by the Secretary on the 
                        basis of the most recent satisfactory data, 
                        bears to the number of those individuals in all 
                        such States, as so determined; and
                          ``(ii) an amount that bears the same 
                        relationship to 50 percent of the funds as the 
                        number of individuals age 5 through 17 from 
                        families with incomes below the poverty line in 
                        the State, as determined by the Secretary on 
                        the basis of the most recent satisfactory data, 
                        bears to the number of those individuals in all 
                        such States, as so determined.
                  ``(B) Small state minimum.--No State receiving an 
                allotment under subparagraph (A) may receive less than 
                one-half of 1 percent of the total amount of funds 
                allotted under such subparagraph for a fiscal year.
  ``(c) Alternate Distribution of Funds.--
          ``(1) In general.--Subject to paragraphs (2) through (5), if 
        a State does not apply to the Secretary for an allotment under 
        this section, a local educational agency located in such State 
        may apply to the Secretary for a portion of the funds that 
        would have been allotted to the State had such State applied 
        for an allotment under this section to carry out the activities 
        under this part.
          ``(2) Application.--In order to receive an allotment under 
        paragraph (1), a local educational agency shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing the information described in section 2122.
          ``(3) Use of funds.--A local educational agency receiving an 
        allotment under paragraph (1)--
                  ``(A) shall use such funds to carry out the 
                activities described in section 2123(1); and
                  ``(B) may use such funds to carry out the activities 
                described in section 2123(2).
          ``(4) Reporting requirements.--A local educational agency 
        receiving an allotment under paragraph (1) shall carry out the 
        reporting requirements described in section 2131(a), except 
        that annual reports shall be submitted to the Secretary and not 
        a State educational agency.
          ``(5) Amount of allotment.--An allotment made to a local 
        educational agency under paragraph (1) for a fiscal year shall 
        be equal to the amount of subgrant funds that the local 
        educational agency would have received under subpart 2 had such 
        agency applied for a subgrant under such subpart for such 
        fiscal year.
  ``(d) Reallotment.--If a State does not apply for an allotment under 
this section for any fiscal year or only a portion of the State's 
allotment is allotted under subsection (c), the Secretary shall reallot 
the State's entire allotment or the remaining portion of its allotment, 
as the case may be, to the remaining States in accordance with 
subsection (b).

``SEC. 2112. STATE APPLICATION.

  ``(a) In General.--For a State to be eligible to receive a grant 
under this subpart, the State educational agency shall submit an 
application to the Secretary at such time and in such a manner as the 
Secretary may reasonably require, which shall include the following:
          ``(1) A description of how the State educational agency will 
        meet the requirements of this subpart.
          ``(2) A description of how the State educational agency will 
        use a grant received under section 2111, including the grant 
        funds the State will reserve for State-level activities under 
        section 2113(a)(2).
          ``(3) A description of how the State educational agency will 
        facilitate the sharing of evidence-based and other effective 
        strategies among local educational agencies.
          ``(4) In the case of a State educational agency that is not 
        developing or implementing a statewide teacher evaluation 
        system, a description of how the State educational agency will 
        ensure that each local educational agency in the State 
        receiving a subgrant under subpart 2 will implement a teacher 
        evaluation system that meets the requirements of clauses (i) 
        through (v) of section 2123(1)(A).
          ``(5) In the case of a State educational agency that is 
        developing or implementing a statewide teacher evaluation 
        system--
                  ``(A) a description of how the State educational 
                agency will work with local educational agencies in the 
                State to implement the statewide teacher evaluation 
                system within 3 years of the date of enactment of the 
                Encouraging Innovation and Effective Teachers Act; and
                  ``(B) an assurance that the statewide teacher 
                evaluation system complies with clauses (i) through (v) 
                of section 2123(1)(A).
          ``(6) An assurance that the State educational agency will 
        comply with section 5501 (regarding participation by private 
        school children and teachers).
  ``(b) Deemed Approval.--An application submitted by a State 
educational agency under subsection (a) shall be deemed to be approved 
by the Secretary unless the Secretary makes a written determination, 
prior to the expiration of the 120-day period beginning on the date on 
which the Secretary received the application, that the application is 
not in compliance with this subpart.
  ``(c) Disapproval.--The Secretary shall not finally disapprove an 
application, except after giving the State educational agency notice 
and an opportunity for a hearing.
  ``(d) Notification.--If the Secretary finds that an application is 
not in compliance, in whole or in part, with this subpart, the 
Secretary shall--
          ``(1) give the State educational agency notice and an 
        opportunity for a hearing; and
          ``(2) notify the State educational agency of the finding of 
        noncompliance and, in such notification, shall--
                  ``(A) cite the specific provisions in the application 
                that are not in compliance; and
                  ``(B) request additional information, only as to the 
                noncompliant provisions, needed to make the application 
                compliant.
  ``(e) Response.--If a State educational agency responds to a 
notification from the Secretary under subsection (d)(2) during the 45-
day period beginning on the date on which the agency received the 
notification, and resubmits the application with the requested 
information described in subsection (d)(2)(B), the Secretary shall 
approve or disapprove such application prior to the later of--
          ``(1) the expiration of the 45-day period beginning on the 
        date on which the application is resubmitted; or
          ``(2) the expiration of the 120-day period described in 
        subsection (b).
  ``(f) Failure to Respond.--If a State educational agency does not 
respond to a notification from the Secretary under subsection (d)(2) 
during the 45-day period beginning on the date on which the agency 
received the notification, such application shall be deemed to be 
disapproved.

``SEC. 2113. STATE USE OF FUNDS.

  ``(a) In General.--A State educational agency that receives a grant 
under section 2111 shall--
          ``(1) reserve 95 percent of the grant funds to make subgrants 
        to local educational agencies under subpart 2; and
          ``(2) use the remainder of the funds, after reserving funds 
        under paragraph (1), for the State activities described in 
        subsection (b), except that the State may reserve not more than 
        1 percent of the grant funds for planning and administration 
        related to carrying out activities described in subsection (b).
  ``(b) State-level Activities.--A State educational agency that 
receives a grant under section 2111--
          ``(1) shall use the amount described in subsection (a)(2) 
        to--
                  ``(A) provide training and technical assistance to 
                local educational agencies on--
                          ``(i) in the case of a State educational 
                        agency not implementing a statewide teacher 
                        evaluation system--
                                  ``(I) the development and 
                                implementation of a teacher evaluation 
                                system that meets the requirements of 
                                clauses (i) through (v) of section 
                                2123(1)(A); and
                                  ``(II) training school leaders in 
                                using such evaluation system; or
                          ``(ii) in the case of a State educational 
                        agency implementing a statewide teacher 
                        evaluation system, implementing such evaluation 
                        system; and
                  ``(B) fulfill the State educational agency's 
                responsibilities with respect to the proper and 
                efficient administration of the subgrant program 
                carried out under this part; and
          ``(2) may use the amount described in subsection (a)(2) to--
                  ``(A) disseminate and share evidence-based and other 
                effective practices related to teacher and school 
                leader effectiveness and professional development; and
                  ``(B) provide professional development for teachers 
                and school leaders in the State consistent with clauses 
                (i) through (v) of section 2123(2)(B).

          ``Subpart 2--Subgrants to Local Educational Agencies

``SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

  ``(a) In General.--Each State receiving a grant under section 2111 
shall use the funds reserved under section 2113(a)(1) to award 
subgrants to local educational agencies under this section.
  ``(b) Allocation of Funds.--From the funds reserved by a State under 
section 2113(a)(1), the State educational agency shall allocate to each 
local educational agency in the State the sum of--
          ``(1) an amount that bears the same relationship to 50 
        percent of the funds as the number of individuals age 5 through 
        17 in the geographic area served by the local educational 
        agency, as determined by the State on the basis of the most 
        recent satisfactory data, bears to the number of those 
        individuals in the geographic areas served by all the local 
        educational agencies in the State, as so determined; and
          ``(2) an amount that bears the same relationship to 50 
        percent of the funds as the number of individuals age 5 through 
        17 from families with incomes below the poverty line in the 
        geographic area served by the local educational agency, as 
        determined by the State on the basis of the most recent 
        satisfactory data, bears to the number of those individuals in 
        the geographic areas served by all the local educational 
        agencies in the State, as so determined.

``SEC. 2122. LOCAL APPLICATIONS.

  ``To be eligible to receive a subgrant under this subpart, a local 
educational agency shall submit an application to the State educational 
agency involved at such time, in such a manner, and containing such 
information as the State educational agency may reasonably require 
that, at a minimum, shall include the following:
          ``(1) A description of--
                  ``(A) how the local educational agency will meet the 
                requirements of this subpart;
                  ``(B) how the activities to be carried out by the 
                local educational agency under this subpart will be 
                evidence-based, improve student academic achievement, 
                and improve teacher and school leader effectiveness;
                  ``(C) in the case of a local educational agency not 
                in a State with a statewide teacher evaluation system, 
                the teacher evaluation system that will be developed 
                and implemented under section 2123(1) and how such 
                system will meet the requirements described in clauses 
                (i) through (v) of section 2123(1)(A);
                  ``(D) how, in developing and implementing such a 
                teacher evaluation system, the local educational agency 
                will work with parents, teachers, school leaders, and 
                other staff of the schools served by the local 
                educational agency; and
                  ``(E) how the local educational agency will develop 
                and implement such a teacher evaluation system within 3 
                years of the date of enactment of the Encouraging 
                Innovation and Effective Teachers Act.
          ``(2) In the case of a local educational agency in a State 
        with a statewide teacher evaluation system, a description of 
        how the local educational agency will work with the State 
        educational agency to implement the statewide teacher 
        evaluation system within 3 years of the date of enactment of 
        the Encouraging Innovation and Effective Teachers Act.
          ``(3) An assurance that the local educational agency will 
        comply with section 5501 (regarding participation by private 
        school children and teachers).

``SEC. 2123. LOCAL USE OF FUNDS.

  ``A local educational agency receiving a subgrant under this 
subpart--
          ``(1) shall use such funds--
                  ``(A) to develop and implement a teacher evaluation 
                system that--
                          ``(i) uses student achievement data derived 
                        from a variety of sources as a significant 
                        factor in determining a teacher's evaluation, 
                        with the weight given to such data defined by 
                        the local educational agency;
                          ``(ii) uses multiple measures of evaluation 
                        for evaluating teachers;
                          ``(iii) has more than 2 categories for rating 
                        the performance of teachers;
                          ``(iv) shall be used to make personnel 
                        decisions, as determined by the local 
                        educational agency; and
                          ``(v) is based on input from parents, school 
                        leaders, teachers, and other staff of schools 
                        served by the local educational agency; or
                  ``(B) in the case of a local educational agency 
                located in a State implementing a statewide teacher 
                evaluation system, to implement such evaluation system; 
                and
          ``(2) may use such funds for--
                  ``(A) the training of school leaders for the purpose 
                of evaluating teachers under a teacher evaluation 
                system described in subparagraph (A) or (B) of 
                paragraph (1), as appropriate;
                  ``(B) professional development for teachers and 
                school leaders that is evidence-based, job-embedded, 
                and continuous, such as--
                          ``(i) subject-based professional development 
                        for teachers;
                          ``(ii) professional development aligned with 
                        the State's academic standards;
                          ``(iii) professional development for teachers 
                        of students with disabilities and English 
                        learners;
                          ``(iv) professional development for teachers 
                        identified as in need of additional support 
                        through data provided by a teacher evaluation 
                        system described in subparagraph (A) or (B) of 
                        paragraph (1), as appropriate;
                          ``(v) professional development based on the 
                        current science of learning, which includes 
                        research on positive brain change and cognitive 
                        skill development;
                          ``(vi) professional development for school 
                        leaders, including mentorship programs for such 
                        leaders; or
                          ``(vii) professional development on 
                        integrated, interdisciplinary, and project-
                        based teaching strategies, including for career 
                        and technical education teachers;
                  ``(C) partnering with a public or private 
                organization or a consortium of such organizations to 
                develop and implement a teacher evaluation system 
                described in subparagraph (A) or (B) of paragraph (1), 
                as appropriate;
                  ``(D) any activities authorized under section 
                2222(a); or
                  ``(E) class size reduction, except that the local 
                educational agency may use not more than 10 percent of 
                such funds for this purpose.

                    ``Subpart 3--General Provisions

``SEC. 2131. REPORTING REQUIREMENTS.

  ``(a) Local Educational Agencies.--Each local educational agency 
receiving a subgrant under subpart 2 shall submit to the State 
educational agency involved, on an annual basis until the last year in 
which the local educational agency receives such subgrant funds, a 
report on--
          ``(1) how the local educational agency is meeting the 
        purposes of this part described in section 2101;
          ``(2) how the local educational agency is using such subgrant 
        funds;
          ``(3) the number and percentage of teachers in each category 
        established under clause (iii) of section 2123(1)(A), except 
        that such report shall not reveal personally identifiable 
        information about an individual teacher; and
          ``(4) any such other information as the State educational 
        agency may require.
  ``(b) State Educational Agencies.--Each State educational agency 
receiving a grant under subpart 1 shall submit to the Secretary a 
report, on an annual basis until the last year in which the State 
educational agency receives such grant funds, on--
          ``(1) how the State educational agency is meeting the 
        purposes of this part described in section 2101; and
          ``(2) how the State educational agency is using such grant 
        funds.

``SEC. 2132. NATIONAL ACTIVITIES.

  ``From the funds reserved by the Secretary under section 
2111(b)(1)(A), the Secretary shall, directly or through grants and 
contracts--
          ``(1) provide technical assistance to States and local 
        educational agencies in carrying out activities under this 
        part; and
          ``(2) acting through the Institute of Education Sciences, 
        conduct national evaluations of activities carried out by State 
        educational agencies and local educational agencies under this 
        part.

``SEC. 2133. STATE DEFINED.

  ``In this part, the term `State' means each of the 50 States, the 
District of Columbia, and the Commonwealth of Puerto Rico.''.
  (c) Part B.--Part B of title II (20 U.S.C. 6661 et seq.) is amended 
to read as follows:

           ``PART B--TEACHER AND SCHOOL LEADER FLEXIBLE GRANT

``SEC. 2201. PURPOSE.

  ``The purpose of this part is to improve student academic achievement 
in the core academic subjects by--
          ``(1) supporting all State educational agencies, local 
        educational agencies, schools, teachers, and school leaders to 
        help all students meet the State's academic standards; and
          ``(2) increasing the number of teachers and school leaders 
        who are effective in increasing student academic achievement.

                 ``Subpart 1--Formula Grants to States

``SEC. 2211. STATE ALLOTMENTS.

  ``(a) Reservations.--From the amount appropriated under section 3(a) 
for any fiscal year, the Secretary--
          ``(1) shall reserve 25 percent to award grants to States 
        under this subpart; and
          ``(2) of the amount reserved under paragraph (1), shall 
        reserve--
                  ``(A) not more than 1 percent for national activities 
                described in section 2233;
                  ``(B) one-half of 1 percent for allotments to 
                outlying areas on the basis of their relative need, as 
                determined by the Secretary, in accordance with the 
                purpose of this part; and
                  ``(C) one-half of 1 percent for the Secretary of the 
                Interior for programs under this part in schools 
                operated or funded by the Bureau of Indian Education.
  ``(b) State Allotments.--
          ``(1) In general.--From the total amount reserved under 
        subsection (a)(1) for each fiscal year and not reserved under 
        subparagraphs (A) through (C) of subsection (a)(2), the 
        Secretary shall allot, and make available in accordance with 
        this section, to each State 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.
          ``(2) Small state minimum.--No State receiving an allotment 
        under paragraph (1) may receive less than one-half of 1 percent 
        of the total amount allotted under such paragraph.
          ``(3) Reallotment.--If a State does not receive an allotment 
        under this subpart for a fiscal year, the Secretary shall 
        reallot the amount of the State's allotment to the remaining 
        States in accordance with this section.
  ``(c) State Application.--In order to receive an allotment under this 
section for any fiscal year, a State shall submit an application to the 
Secretary, at such time and in such manner as the Secretary may 
reasonably require. Such application shall--
          ``(1) designate the State educational agency as the agency 
        responsible for the administration and supervision of programs 
        assisted under this part;
          ``(2) describe how the State educational agency will use 
        funds received under this section for State level activities 
        described in subsection (d)(3);
          ``(3) describe the procedures and criteria the State 
        educational agency will use for reviewing applications and 
        awarding subgrants to eligible entities under section 2221 on a 
        competitive basis;
          ``(4) describe how the State educational agency will ensure 
        that subgrants made under section 2221 are of sufficient size 
        and scope to support effective programs that will help increase 
        academic achievement in the classroom and are consistent with 
        the purposes of this part;
          ``(5) describe the steps the State educational agency will 
        take to ensure that eligible entities use subgrant funds 
        received under section 2221 to carry out programs that 
        implement effective strategies, including by providing ongoing 
        technical assistance and training, and disseminating evidence-
        based and other effective strategies to such eligible entities;
          ``(6) describe how programs under this part will be 
        coordinated with other programs under this Act; and
          ``(7) include an assurance that, other than 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 decision-making 
        processes of eligible entities as to the expenditure of funds 
        made pursuant to an application submitted under section 
        2221(b).
  ``(d) State Use of Funds.--
          ``(1) In general.--Each State that receives an allotment 
        under this section shall reserve not less than 92 percent of 
        the amount allotted to such State under subsection (b), for 
        each fiscal year, for subgrants to eligible entities under 
        subpart 2.
          ``(2) State administration.--A State educational agency may 
        reserve not more than 1 percent of the amount made available to 
        the State under subsection (b) for the administrative costs of 
        carrying out such State educational agency's responsibilities 
        under this subpart.
          ``(3) State-level activities.--
                  ``(A) Innovative teacher and school leader 
                activities.--A State educational agency shall reserve 
                not more than 4 percent of the amount made available to 
                the State under subsection (b) to carry out 1 or more 
                of the following activities:
                          ``(i) Reforming teacher and school leader 
                        certification, recertification, licensing, and 
                        tenure systems to ensure that--
                                  ``(I) each teacher has the subject 
                                matter knowledge and teaching skills 
                                necessary to help students meet the 
                                State's academic standards; and
                                  ``(II) school leaders have the 
                                instructional leadership skills to help 
                                teachers instruct and students learn.
                          ``(ii) Carrying out programs that establish, 
                        expand, or improve alternative routes for State 
                        certification or licensure of teachers and 
                        school leaders, including such programs for--
                                  ``(I) mid-career professionals from 
                                other occupations, including science, 
                                technology, engineering, and math 
                                fields;
                                  ``(II) former military personnel; and
                                  ``(III) recent graduates of an 
                                institution of higher education, with a 
                                record of academic distinction, who 
                                demonstrate the potential to become 
                                effective teachers or school leaders.
                          ``(iii) Developing, or assisting eligible 
                        entities in developing--
                                  ``(I) performance-based pay systems 
                                for teachers and school leaders;
                                  ``(II) strategies that provide 
                                differential, incentive, or bonus pay 
                                for teachers; or
                                  ``(III) teacher advancement 
                                initiatives that promote professional 
                                growth and emphasize multiple career 
                                paths and pay differentiation.
                          ``(iv) Developing, or assisting eligible 
                        entities in developing, new teacher and school 
                        leaders induction and mentoring programs that 
                        are designed to--
                                  ``(I) improve instruction and student 
                                learning and achievement; and
                                  ``(II) increase the retention of 
                                effective teachers and school leaders.
                          ``(v) Providing professional development for 
                        teachers and school leaders that is focused 
                        on--
                                  ``(I) improving teaching and student 
                                learning and achievement in the core 
                                academic subjects; and
                                  ``(II) improving teaching, student 
                                learning, and achievement for students 
                                with disabilities, English learners, 
                                and other special populations.
                          ``(vi) Providing training and technical 
                        assistance to eligible entities that receive a 
                        subgrant under section 2221.
                          ``(vii) Other activities identified by the 
                        State educational agency that meet the purposes 
                        of this part, including those activities 
                        authorized under subparagraph (B).
                  ``(B) Teacher or school leader preparation 
                academies.--
                          ``(i) In general.--In the case of a State in 
                        which teacher or school leader preparation 
                        academies are allowable under State law, a 
                        State educational agency may reserve not more 
                        than 3 percent of the amount made available to 
                        the State under subsection (b) to support the 
                        establishment or expansion of one or more 
                        teacher or school leader preparation academies 
                        and, subject to the limitation under clause 
                        (iii), to support State authorizers for such 
                        academies.
                          ``(ii) Matching requirement.--A State 
                        educational agency shall not provide funds 
                        under this subparagraph to support the 
                        establishment or expansion of a teacher or 
                        school leader preparation academy unless the 
                        academy agrees to provide, either directly or 
                        through private contributions, non-Federal 
                        matching funds equal to not less than 10 
                        percent of the amount of the funds the academy 
                        will receive under this subparagraph.
                          ``(iii) Funding for state authorizers.--Not 
                        more than 5 percent of funds provided to a 
                        teacher or school leader preparation academy 
                        under this subparagraph may be used to support 
                        activities of State authorizers for such 
                        academy.

``SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLICATIONS.

  ``(a) Deemed Approval.--An application submitted by a State pursuant 
to section 2211(c) shall be deemed to be approved by the Secretary 
unless the Secretary makes a written determination, prior to the 
expiration of the 120-day period beginning on the date on which the 
Secretary received the application, that the application is not in 
compliance with section 2211(c).
  ``(b) Disapproval Process.--
          ``(1) In general.--The Secretary shall not finally disapprove 
        an application submitted under section 2211(c), except after 
        giving the State educational agency notice and an opportunity 
        for a hearing.
          ``(2) Notification.--If the Secretary finds that an 
        application is not in compliance, in whole or in part, with 
        section 2211(c) the Secretary shall--
                  ``(A) give the State educational agency notice and an 
                opportunity for a hearing; and
                  ``(B) notify the State educational agency of the 
                finding of noncompliance and, in such notification, 
                shall--
                          ``(i) cite the specific provisions in the 
                        application that are not in compliance; and
                          ``(ii) request additional information, only 
                        as to the noncompliant provisions, needed to 
                        make the application compliant.
          ``(3) Response.--If a State educational agency responds to a 
        notification from the Secretary under paragraph (2)(B) during 
        the 45-day period beginning on the date on which the State 
        educational agency received the notification, and resubmits the 
        application with the requested information described in 
        paragraph (2)(B)(ii), the Secretary shall approve or disapprove 
        such application prior to the later of--
                  ``(A) the expiration of the 45-day period beginning 
                on the date on which the application is resubmitted; or
                  ``(B) the expiration of the 120-day period described 
                in subsection (a).
          ``(4) Failure to respond.--If the State educational agency 
        does not respond to a notification from the Secretary under 
        paragraph (2)(B) during the 45-day period beginning on the date 
        on which the State educational agency received the 
        notification, such application shall be deemed to be 
        disapproved.

              ``Subpart 2--Local Competitive Grant Program

``SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM.

  ``(a) In General.--A State that receives an allotment under section 
2211(b) for a fiscal year shall use the amount reserved under section 
2211(d)(1) to award subgrants, on a competitive basis, to eligible 
entities in accordance with this section to enable such entities to 
carry out the programs and activities described in section 2222.
  ``(b) Application.--
          ``(1) In general.--To be eligible to receive a subgrant under 
        this section, an eligible entity shall submit an application to 
        the State educational agency at such time, in such manner, and 
        including such information as the State educational agency may 
        reasonably require.
          ``(2) Contents.--Each application submitted under paragraph 
        (1) shall include--
                  ``(A) a description of the programs and activities to 
                be funded and how they are consistent with the purposes 
                of this part; and
                  ``(B) an assurance that the eligible entity will 
                comply with section 5501 (regarding participation by 
                private school children and teachers).
  ``(c) Peer Review.--In reviewing applications under this section, a 
State educational agency shall use a peer review process or other 
methods of assuring the quality of such applications but the review 
shall only judge the likelihood of the activity to increase student 
academic achievement. The reviewers shall not make a determination 
based on the policy of the proposed activity.
  ``(d) Geographic Diversity.--A State educational agency shall 
distribute funds under this section equitably among geographic areas 
within the State, including rural, suburban, and urban communities.
  ``(e) Duration of Awards.--A State educational agency may award 
subgrants under this section for a period of not more than 5 years.
  ``(f) Matching.--An eligible entity receiving a subgrant under this 
section shall provide, either directly or through private 
contributions, non-Federal matching funds equal to not less than 10 
percent of the amount of the subgrant.

``SEC. 2222. LOCAL AUTHORIZED ACTIVITIES.

  ``(a) In General.--Each eligible entity receiving a subgrant under 
section 2221 shall use such subgrant funds to develop, implement, and 
evaluate comprehensive programs and activities, that are in accordance 
with the purpose of this part and--
          ``(1) are consistent with the principles of effectiveness 
        described in subsection (b); and
          ``(2) may include, among other programs and activities--
                  ``(A) developing and implementing initiatives to 
                assist in recruiting, hiring, and retaining highly 
                effective teachers and school leaders, including 
                initiatives that provide--
                          ``(i) differential, incentive, or bonus pay 
                        for teachers;
                          ``(ii) performance-based pay systems for 
                        teachers and school leaders;
                          ``(iii) teacher advancement initiatives that 
                        promote professional growth and emphasize 
                        multiple career paths and pay differentiation;
                          ``(iv) new teacher and school leader 
                        induction and mentoring programs that are 
                        designed to improve instruction, student 
                        learning and achievement, and to increase 
                        teacher and school leader retention; and
                          ``(v) teacher residency programs, and school 
                        leader residency programs, designed to develop 
                        and support new teachers or new school leaders, 
                        respectively;
                  ``(B) supporting the establishment or expansion of 
                teacher or school leader preparation academies under 
                section 2221(d)(3)(B);
                  ``(C) recruiting qualified individuals from other 
                fields, including individuals from science, technology, 
                engineering, and math fields, mid-career professionals 
                from other occupations, and former military personnel;
                  ``(D) establishing, improving, or expanding model 
                instructional programs in the core academic subjects to 
                ensure that all children meet the State's academic 
                standards;
                  ``(E) providing high-quality professional development 
                for teachers and school leaders focused on improving 
                teaching and student learning and achievement in the 
                core academic subjects;
                  ``(F) implementing programs based on the current 
                science of learning, which includes research on 
                positive brain change and cognitive skill development; 
                and
                  ``(G) other activities and programs identified as 
                necessary by the local educational agency that meet the 
                purpose of this part.
  ``(b) Principles of Effectiveness.--For a program or activity 
developed pursuant to this section to meet the principles of 
effectiveness, such program or activity shall--
          ``(1) be based upon an assessment of objective data regarding 
        the need for programs and activities in the elementary schools 
        and secondary schools served to increase the number of teachers 
        and school leaders who are effective in improving student 
        academic achievement;
          ``(2) reflect evidence-based research, or in the absence of a 
        strong research base, reflect effective strategies in the 
        field, that provide evidence that the program or activity will 
        improve student academic achievement in the core academic 
        subjects; and
          ``(3) include meaningful and ongoing consultation with, and 
        input from, teachers, school leaders, and parents, in the 
        development of the application and administration of the 
        program or activity.

                    ``Subpart 3--General Provisions

``SEC. 2231. PERIODIC EVALUATION.

  ``(a) In General.--Each eligible entity and each teacher or school 
leader preparation academy that receives funds under this part shall 
undergo a periodic evaluation by the State educational agency involved 
to assess such entity's or such academy's progress toward achieving the 
purposes of this part.
  ``(b) Use of Results.--The results of an evaluation described in 
subsection (a) of an eligible entity or academy shall be--
          ``(1) used to refine, improve, and strengthen such eligible 
        entity or such academy, respectively; and
          ``(2) made available to the public upon request, with public 
        notice of such availability provided.

``SEC. 2232. REPORTING REQUIREMENTS.

  ``(a) Eligible Entities and Academies.--Each eligible entity and each 
teacher or school leader preparation academy that receives funds from a 
State educational agency under this part shall prepare and submit 
annually to such State educational agency a report that includes--
          ``(1) a description of the progress of the eligible entity or 
        teacher or school leader preparation academy, respectively, in 
        meeting the purposes of this part;
          ``(2) a description of the programs and activities conducted 
        by the eligible entity or teacher or school leader preparation 
        academy, respectively, with funds received under this part;
          ``(3) how the eligible entity or teacher or school leader 
        preparation academy, respectively, is using such funds; and
          ``(4) any such other information as the State educational 
        agency may require.
  ``(b) State Educational Agencies.--Each State educational agency that 
receives a grant under this part shall prepare and submit, annually, to 
the Secretary a report that includes--
          ``(1) a description of the programs and activities conducted 
        by the State educational agency with grant funds received under 
        this part;
          ``(2) a description of the progress of the State educational 
        agency in meeting the purposes of this part described in 
        section 2201;
          ``(3) how the State educational agency is using grant funds 
        received under this part;
          ``(4) the methods and criteria the State educational agency 
        used to award subgrants to eligible entities under section 2221 
        and, if applicable, funds to teacher or school leader academies 
        under section 2211(d)(3)(B); and
          ``(5) the results of the periodic evaluations conducted under 
        section 2231.

``SEC. 2233. NATIONAL ACTIVITIES.

  ``From the funds reserved by the Secretary under section 2211(a)(1), 
the Secretary shall, directly or through grants and contracts--
          ``(1) provide technical assistance to States and eligible 
        entities in carrying out activities under this part; and
          ``(2) acting through the Institute of Education Sciences, 
        conduct national evaluations of activities carried out by 
        States and eligible entities under this part.

``SEC. 2234. DEFINITIONS.

  ``In this part:
          ``(1) Eligible entity.--The term `eligible entity' means--
                  ``(A) a local educational agency or consortium of 
                local educational agencies;
                  ``(B) an institution of higher education or 
                consortium of such institutions in partnership with a 
                local educational agency or consortium of local 
                educational agencies;
                  ``(C) a for-profit organization, a nonprofit 
                organization, or a consortium of for-profit or 
                nonprofit organizations in partnership with a local 
                educational agency or consortium of local educational 
                agencies; or
                  ``(D) a consortium of the entities described in 
                subparagraphs (B) and (C).
          ``(2) State.--The term `State' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
          ``(3) State authorizer.--The term `State authorizer' means an 
        entity designated by the Governor of a State to authorize 
        teacher or school leader preparation academies within the State 
        that--
                  ``(A) enters into an agreement with a teacher or 
                school leader preparation academy that--
                          ``(i) specifies the goals expected of the 
                        academy, which, at a minimum, include the goals 
                        described in paragraph (4); and
                          ``(ii) does not reauthorize the academy if 
                        such goals are not met; and
                  ``(B) may be a nonprofit organization, a State 
                educational agency, or other public entity, or 
                consortium of such entities (including a consortium of 
                State educational agencies).
          ``(4) Teacher or school leader preparation academy.--The term 
        `teacher or school leader preparation academy' means a public 
        or private entity, or a nonprofit or for-profit organization, 
        which may be an institution of higher education or an 
        organization affiliated with an institution of higher 
        education, that will prepare teachers or school leaders to 
        serve in schools, and that--
                  ``(A) enters into an agreement with a State 
                authorizer that specifies the goals expected of the 
                academy, including--
                          ``(i) a requirement that prospective teachers 
                        or school leaders who are enrolled in a teacher 
                        or school leader preparation academy receive a 
                        significant part of their training through 
                        clinical preparation that partners the 
                        prospective candidate with an effective teacher 
                        or school leader, respectively, with a 
                        demonstrated record of increasing student 
                        achievement, while also receiving concurrent 
                        instruction from the academy in the content 
                        area (or areas) in which the prospective 
                        teacher or school leader will become certified 
                        or licensed;
                          ``(ii) the number of effective teachers or 
                        school leaders, respectively, who will 
                        demonstrate success in increasing student 
                        achievement that the academy will produce; and
                          ``(iii) a requirement that a teacher or 
                        school leader preparation academy will only 
                        award a certificate of completion after the 
                        graduate demonstrates that the graduate is an 
                        effective teacher or school leader, 
                        respectively, with a demonstrated record of 
                        increasing student achievement, except that an 
                        academy may award a provisional certificate for 
                        the period necessary to allow the graduate to 
                        demonstrate such effectiveness;
                  ``(B) does not have restrictions on the methods the 
                academy will use to train prospective teacher or school 
                leader candidates, including--
                          ``(i) obligating (or prohibiting) the 
                        academy's faculty to hold advanced degrees or 
                        conduct academic research;
                          ``(ii) restrictions related to the academy's 
                        physical infrastructure;
                          ``(iii) restrictions related to the number of 
                        course credits required as part of the program 
                        of study;
                          ``(iv) restrictions related to the 
                        undergraduate coursework completed by teachers 
                        teaching or working on alternative 
                        certificates, licenses, or credentials, as long 
                        as such teachers have successfully passed all 
                        relevant State-approved content area 
                        examinations; or
                          ``(v) restrictions related to obtaining 
                        accreditation from an accrediting body for 
                        purposes of becoming an academy;
                  ``(C) limits admission to its program to prospective 
                teacher or school leader candidates who demonstrate 
                strong potential to improve student achievement, based 
                on a rigorous selection process that reviews a 
                candidate's prior academic achievement or record of 
                professional accomplishment; and
                  ``(D) results in a certificate of completion that the 
                State may recognize as at least the equivalent of a 
                master's degree in education for the purposes of 
                hiring, retention, compensation, and promotion in the 
                State.
          ``(5) Teacher residency program.--The term `teacher residency 
        program' means a school-based teacher preparation program in 
        which a prospective teacher--
                  ``(A) for one academic year, teaches alongside an 
                effective teacher, as determined by a teacher 
                evaluation system implemented under part A, who is the 
                teacher of record;
                  ``(B) receives concurrent instruction during the year 
                described in subparagraph (A) from the partner 
                institution (as defined in section 200 of the Higher 
                Education Act of 1965 (20 U.S.C. 1021)), which courses 
                may be taught by local educational agency personnel or 
                residency program faculty, in the teaching of the 
                content area in which the teacher will become certified 
                or licensed; and
                  ``(C) acquires effective teaching skills.''.
  (d) Part C.--Part C of title II (20 U.S.C. 6671 et seq.) is amended--
          (1) by striking subparts 1 through 4;
          (2) by striking the heading relating to subpart 5;
          (3) by striking sections 2361 and 2368;
          (4) in section 2362, by striking ``principals'' and inserting 
        ``school leaders'';
          (5) in section 2363(6)(A), by striking ``principal'' and 
        inserting ``school leader'';
          (6) in section 2366(b), by striking ``ate law'' and inserting 
        ``(3) A State law'';
          (7) by redesignating section 2362 as section 2361;
          (8) by redesignating sections 2364 through 2367 as sections 
        2362 through 2365, respectively; and
          (9) by redesignating section 2363 as section 2366 and 
        transferring such section to appear after section 2365 (as so 
        redesignated).
  (e) Part D.--Part D of title II (20 U.S.C. 6751 et seq.) is amended 
to read as follows:

                      ``PART D--GENERAL PROVISIONS

``SEC. 2401. INCLUSION OF CHARTER SCHOOLS.

  ``In this title, the term `local educational agency' includes a 
charter school (as defined in section 5101) that, in the absence of 
this section, would not have received funds under this title.

``SEC. 2402. PARENTS' RIGHT TO KNOW.

  ``At the beginning of each school year, a local educational agency 
that receives funds under this title shall notify the parents of each 
student attending any school receiving funds under this title 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.

``SEC. 2403. SUPPLEMENT, NOT SUPPLANT.

  ``Funds received under this title shall be used to supplement, and 
not supplant, non-Federal funds that would otherwise be used for 
activities authorized under this title.''.

SEC. 102. CONFORMING REPEALS.

  (a) Conforming Repeals.--Title II of the Higher Education Act of 1965 
(20 U.S.C. 1021 et seq.) is amended by repealing sections 201 through 
204.
  (b) Effective Date.--The repeals made by subsection (a) shall take 
effect October 1, 2012.

          TITLE II--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

SEC. 201. PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY.

  Title III (20 U.S.C. 6801 et seq.) is amended to read as follows:

         ``TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

                     ``PART A--PARENTAL ENGAGEMENT

                  ``Subpart 1--Charter School Program

``SEC. 3101. SENSE OF THE HOUSE OF REPRESENTATIVES.

  ``It is the sense of the House of Representatives that the programs 
for public charter schools under part B of title V be reauthorized as 
such part was amended under the provisions of H.R. 2218, as passed by 
the House of Representatives on September 13, 2011, and be transferred 
and redesignated to this subpart.

                 ``Subpart 2--Magnet School Assistance

``SEC. 3121. PURPOSE.

  ``The purpose of this subpart is to assist in the desegregation of 
schools served by local educational agencies by providing financial 
assistance to eligible local educational agencies for--
          ``(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;
          ``(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 State academic standards;
          ``(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;
          ``(4) courses of instruction within magnet schools that will 
        substantially strengthen the knowledge of academic subjects and 
        the attainment of tangible and marketable career, technical, 
        and professional skills of students attending such schools;
          ``(5) improving the ability 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
          ``(6) ensuring that students enrolled in the magnet school 
        programs have equitable access to a quality education that will 
        enable the students to succeed academically and continue with 
        postsecondary education or employment.

``SEC. 3122. DEFINITION.

  ``For the purpose of this subpart, 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.

``SEC. 3123. PROGRAM AUTHORIZED.

  ``From the amount appropriated under section 3(b)(1)(B), the 
Secretary, in accordance with this subpart, is authorized to award 
grants to eligible local educational agencies, and consortia of such 
agencies where appropriate, to carry out the purpose of this subpart 
for magnet schools that are--
          ``(1) part of an approved desegregation plan; and
          ``(2) designed to bring students from different social, 
        economic, ethnic, and racial backgrounds together.

``SEC. 3124. ELIGIBILITY.

  ``A local educational agency, or consortium of such agencies where 
appropriate, is eligible to receive a grant under this subpart to carry 
out the purpose of this subpart if such agency or consortium--
          ``(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
          ``(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 
        subpart, 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.

``SEC. 3125. APPLICATIONS AND REQUIREMENTS.

  ``(a) Applications.--An eligible local educational agency, or 
consortium of such agencies, desiring to receive a grant under this 
subpart shall submit an application to the Secretary at such time and 
in such manner as the Secretary may reasonably require.
  ``(b) Information and Assurances.--Each application submitted under 
subsection (a) shall include--
          ``(1) a description of--
                  ``(A) how a grant awarded under this subpart 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;
                  ``(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;
                  ``(C) how the applicant will continue the magnet 
                school program after assistance under this subpart is 
                no longer available, and, if applicable, an explanation 
                of why magnet schools established or supported by the 
                applicant with grant funds under this subpart cannot be 
                continued without the use of grant funds under this 
                subpart;
                  ``(D) how grant funds under this subpart will be 
                used--
                          ``(i) to improve student academic achievement 
                        for all students attending the magnet school 
                        programs; and
                          ``(ii) to implement services and activities 
                        that are consistent with other programs under 
                        this Act, and other Acts, as appropriate; and
                  ``(E) the criteria to be used in selecting students 
                to attend the proposed magnet school program; and
          ``(2) assurances that the applicant will--
                  ``(A) use grant funds under this subpart for the 
                purposes specified in section 3121;
                  ``(B) employ effective teachers in the courses of 
                instruction assisted under this subpart;
                  ``(C) not engage in discrimination based on race, 
                religion, color, national origin, sex, or disability 
                in--
                          ``(i) the hiring, promotion, or assignment of 
                        employees of the applicant or other personnel 
                        for whom the applicant has any administrative 
                        responsibility;
                          ``(ii) the assignment of students to schools, 
                        or to courses of instruction within the 
                        schools, of such applicant, except to carry out 
                        the approved plan; and
                          ``(iii) designing or operating 
                        extracurricular activities for students;
                  ``(D) carry out a quality education program that will 
                encourage greater parental decisionmaking and 
                involvement; and
                  ``(E) give students residing in the local attendance 
                area of the proposed magnet school program equitable 
                consideration for placement in the program, consistent 
                with desegregation guidelines and the capacity of the 
                applicant to accommodate the students.
  ``(c) Special Rule.--No grant shall be awarded under this subpart 
unless the Assistant Secretary of Education for Civil Rights determines 
that the assurances described in subsection (b)(2)(C) will be met.

``SEC. 3126. PRIORITY.

  ``In awarding grants under this subpart, the Secretary shall give 
priority to applicants that--
          ``(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;
          ``(2) propose to carry out new magnet school programs, or 
        significantly revise existing magnet school programs;
          ``(3) propose to select students to attend magnet school 
        programs by methods such as lottery, rather than through 
        academic examination; and
          ``(4) propose to serve the entire student population of a 
        school.

``SEC. 3127. USE OF FUNDS.

  ``(a) In General.--Grant funds made available under this subpart may 
be used by an eligible local educational agency, or consortium of such 
agencies--
          ``(1) for planning and promotional activities directly 
        related to the development, expansion, continuation, or 
        enhancement of academic programs and services offered at magnet 
        schools;
          ``(2) for the acquisition of books, materials, and equipment, 
        including computers and the maintenance and operation of 
        materials, equipment, and computers, necessary to conduct 
        programs in magnet schools;
          ``(3) for the compensation, or subsidization of the 
        compensation, of elementary school and secondary school 
        teachers, and instructional staff where applicable, who are 
        necessary to conduct programs in magnet schools;
          ``(4) with respect to a magnet school program offered to less 
        than the entire student population of a school, for 
        instructional activities that--
                  ``(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
                  ``(B) further the purpose of this subpart;
          ``(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;
          ``(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
          ``(7) to enable the local educational agency, or consortium 
        of such agencies, to have flexibility in designing magnet 
        schools for students in all grades.
  ``(b) Special Rule.--Grant funds under this subpart 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 academic 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 career, technical, and professional skills.

``SEC. 3128. LIMITATIONS.

  ``(a) Duration of Awards.--A grant under this subpart shall be 
awarded for a period that shall not exceed 3 fiscal years.
  ``(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 subpart 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.
  ``(c) Amount.--No local educational agency, or consortium of such 
agencies, awarded a grant under this subpart shall receive more than 
$4,000,000 under this subpart for any 1 fiscal year.
  ``(d) Timing.--To the extent practicable, the Secretary shall award 
grants for any fiscal year under this subpart not later than July 1 of 
the applicable fiscal year.

``SEC. 3129. EVALUATIONS.

  ``(a) Reservation.--The Secretary may reserve not more than 2 percent 
of the funds appropriated under section 3(b)(1)(B) 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 subpart.
  ``(b) Contents.--Each evaluation described in subsection (a), at a 
minimum, shall address--
          ``(1) how and the extent to which magnet school programs lead 
        to educational quality and academic improvement;
          ``(2) the extent to which magnet school programs enhance 
        student access to a quality education;
          ``(3) the extent to which magnet school programs lead to the 
        elimination, reduction, or prevention of minority group 
        isolation in elementary schools and secondary schools with 
        substantial proportions of minority students; and
          ``(4) the extent to which magnet school programs differ from 
        other school programs in terms of the organizational 
        characteristics and resource allocations of such magnet school 
        programs.
  ``(c) Dissemination.--The Secretary shall collect and disseminate to 
the general public information on successful magnet school programs.

``SEC. 3130. RESERVATION.

  ``In any fiscal year for which the amount appropriated under section 
3(b)(1)(B) 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 subpart in the preceding fiscal year.

          ``Subpart 3--Family Engagement in Education Programs

``SEC. 3141. PURPOSES.

  ``The purposes of this subpart are the following:
          ``(1) To provide financial support to organizations to 
        provide technical assistance and training to State and local 
        educational agencies in the implementation and enhancement of 
        systemic and effective family engagement policies, programs, 
        and activities that lead to improvements in student development 
        and academic achievement.
          ``(2) To assist State educational agencies, local educational 
        agencies, community-based organizations, schools, and educators 
        in strengthening partnerships among parents, teachers, school 
        leaders, administrators, and other school personnel in meeting 
        the educational needs of children and fostering greater 
        parental engagement.
          ``(3) To support State educational agencies, local 
        educational agencies, schools, educators, and parents in 
        developing and strengthening the relationship between parents 
        and their children's school in order to further the 
        developmental progress of children.
          ``(4) To coordinate activities funded under this subpart with 
        parent involvement initiatives funded under section 1118 and 
        other provisions of this Act.
          ``(5) To assist the Secretary, State educational agencies, 
        and local educational agencies in the coordination and 
        integration of Federal, State, and local services and programs 
        to engage families in education.

``SEC. 3142. GRANTS AUTHORIZED.

  ``(a) Statewide Family Engagement Centers.--From the amount 
appropriated under section 3(b)(1)(C), the Secretary is authorized to 
award grants for each fiscal year to statewide organizations (and 
consortia of such organizations and State educational agencies), to 
establish Statewide Family Engagement Centers that provide 
comprehensive training and technical assistance to State educational 
agencies, local educational agencies, schools identified by State 
educational agencies and local educational agencies, organizations that 
support family-school partnerships, and other organizations that carry 
out, or carry out directly, parent education and family engagement in 
education programs.
  ``(b) Minimum Award.--In awarding grants under this section, the 
Secretary shall, to the extent practicable, ensure that a grant is 
awarded for a Statewide Family Engagement Center in an amount not less 
than $500,000.

``SEC. 3143. APPLICATIONS.

  ``(a) Submissions.--Each statewide organization, or a consortium of 
such an organization and a State educational agency, that desires a 
grant under this subpart shall submit an application to the Secretary 
at such time, in such manner, and including the information described 
in subsection (b).
  ``(b) Contents.--Each application submitted under subsection (a) 
shall include, at a minimum, the following:
          ``(1) A description of the applicant's approach to family 
        engagement in education.
          ``(2) A description of the support that the Statewide Family 
        Engagement Center that will be operated by the applicant will 
        have from the applicant, including a letter from the applicant 
        outlining the commitment to work with the center.
          ``(3) A description of the applicant's plan for building a 
        statewide infrastructure for family engagement in education, 
        that includes--
                  ``(A) management and governance;
                  ``(B) statewide leadership; or
                  ``(C) systemic services for family engagement in 
                education.
          ``(4) A description of the applicant's demonstrated 
        experience in providing training, information, and support to 
        State educational agencies, local educational agencies, 
        schools, educators, parents, and organizations on family 
        engagement in education policies and practices that are 
        effective for parents (including low-income parents) and 
        families, English learners, minorities, parents of students 
        with disabilities, parents of homeless students, foster parents 
        and students, and parents of migratory students, including 
        evaluation results, reporting, or other data exhibiting such 
        demonstrated experience.
          ``(5) An assurance that the applicant will--
                  ``(A) establish a special advisory committee, the 
                membership of which includes--
                          ``(i) parents, who shall constitute a 
                        majority of the members of the special advisory 
                        committee;
                          ``(ii) representatives of education 
                        professionals with expertise in improving 
                        services for disadvantaged children;
                          ``(iii) representatives of local elementary 
                        schools and secondary schools, including 
                        students;
                          ``(iv) representatives of the business 
                        community; and
                          ``(v) representatives of State educational 
                        agencies and local educational agencies;
                  ``(B) use not less than 65 percent of the funds 
                received under this subpart in each fiscal year to 
                serve local educational agencies, schools, and 
                community-based organizations that serve high 
                concentrations of disadvantaged students, including 
                English learners, minorities, parents of students with 
                disabilities, parents of homeless students, foster 
                parents and students, and parents of migratory 
                students;
                  ``(C) operate a Statewide Family Engagement Center of 
                sufficient size, scope, and quality to ensure that the 
                Center is adequate to serve the State educational 
                agency, local educational agencies, and community-based 
                organizations;
                  ``(D) ensure that the Center will retain staff with 
                the requisite training and experience to serve parents 
                in the State;
                  ``(E) serve urban, suburban, and rural local 
                educational agencies and schools;
                  ``(F) work with--
                          ``(i) other Statewide Family Engagement 
                        Centers assisted under this subpart; and
                          ``(ii) parent training and information 
                        centers and community parent resource centers 
                        assisted under sections 671 and 672 of the 
                        Individuals with Disabilities Education Act;
                  ``(G) use not less than 30 percent of the funds 
                received under this subpart for each fiscal year to 
                establish or expand technical assistance for evidence-
                based parent education programs;
                  ``(H) provide assistance to State educational 
                agencies and local educational agencies and community-
                based organizations that support family members in 
                supporting student academic achievement;
                  ``(I) work with State educational agencies, local 
                educational agencies, schools, educators, and parents 
                to determine parental needs and the best means for 
                delivery of services to address such needs; and
                  ``(J) conduct sufficient outreach to assist parents, 
                including parents who the applicant may have a 
                difficult time engaging with a school or local 
                educational agency.

``SEC. 3144. USES OF FUNDS.

  ``(a) In General.--Grantees shall use grant funds received under this 
subpart, based on the needs determined under section 3143(b)(5)(I), to 
provide training and technical assistance to State educational 
agencies, local educational agencies, and organizations that support 
family-school partnerships, and activities, services, and training for 
local educational agencies, school leaders, educators, and parents--
          ``(1) to assist parents in participating effectively in their 
        children's education and to help their children meet State 
        standards, such as assisting parents--
                  ``(A) to engage in activities that will improve 
                student academic achievement, including understanding 
                how they can support learning in the classroom with 
                activities at home and in afterschool and 
                extracurricular programs;
                  ``(B) to communicate effectively with their children, 
                teachers, school leaders, counselors, administrators, 
                and other school personnel;
                  ``(C) to become active participants in the 
                development, implementation, and review of school-
                parent compacts, family engagement in education 
                policies, and school planning and improvement;
                  ``(D) to participate in the design and provision of 
                assistance to students who are not making academic 
                progress;
                  ``(E) to participate in State and local 
                decisionmaking;
                  ``(F) to train other parents; and
                  ``(G) to help the parents learn and use technology 
                applied in their children's education;
          ``(2) to develop and implement, in partnership with the State 
        educational agency, statewide family engagement in education 
        policy and systemic initiatives that will provide for a 
        continuum of services to remove barriers for family engagement 
        in education and support school reform efforts; and
          ``(3) to develop, implement, and assess parental involvement 
        policies under sections 1112 and 1118.
  ``(b) Matching Funds for Grant Renewal.--For each fiscal year after 
the first fiscal year for which an organization or consortium receives 
assistance under this section, the organization or consortium shall 
demonstrate in the application that a portion of the services provided 
by the organization or consortium is supported through non-Federal 
contributions, which may be in cash or in-kind.
  ``(c) Technical Assistance.--The Secretary shall reserve not more 
than 2 percent of the funds appropriated under section 3(b)(C) to carry 
out this subpart to provide technical assistance, by grant or contract, 
for the establishment, development, and coordination of Statewide 
Family Engagement Centers.
  ``(d) Rule of Construction.--Nothing in this section shall be 
construed to prohibit a Statewide Family Engagement Center from--
          ``(1) having its employees or agents meet with a parent at a 
        site that is not on school grounds; or
          ``(2) working with another agency that serves children.
  ``(e) Parental Rights.--Notwithstanding any other provision of this 
section--
          ``(1) no person (including a parent who educates a child at 
        home, a public school parent, or a private school parent) shall 
        be required to participate in any program of parent education 
        or developmental screening under this section; and
          ``(2) no program or center assisted under this section shall 
        take any action that infringes in any manner on the right of a 
        parent to direct the education of their children.

``SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS.

  ``The Secretary of the Interior, in consultation with the Secretary 
of Education, shall establish, or enter into contracts and cooperative 
agreements with local Indian nonprofit parent organizations to 
establish and operate Family Engagement Centers.

                ``PART B--LOCAL ACADEMIC FLEXIBLE GRANT

``SEC. 3201. PURPOSE.

  ``The purpose of this part is to--
          ``(1) provide local educational agencies with the opportunity 
        to access funds to support the initiatives important to their 
        schools and students to improve academic achievement; and
          ``(2) provide nonprofit and for-profit entities the 
        opportunity to work with students to improve academic 
        achievement.

``SEC. 3202. ALLOTMENTS TO STATES.

  ``(a) Reservations.--From the funds appropriated under section 
3(b)(2) for any fiscal year, the Secretary shall reserve--
          ``(1) not more than one-half of 1 percent for national 
        activities to provide technical assistance to eligible entities 
        in carrying out programs under this part; and
          ``(2) not more than one-half of 1 percent for payments to the 
        outlying areas and the Bureau of Indian Education, to be 
        allotted in accordance with their respective needs for 
        assistance under this part, as determined by the Secretary, to 
        enable the outlying areas and the Bureau to carry out the 
        purpose of this part.
  ``(b) State Allotments.--
          ``(1) Determination.--From the funds appropriated under 
        section 3(b)(2) for any fiscal year and remaining after the 
        Secretary makes reservations under subsection (a), the 
        Secretary shall allot to each State for the fiscal year an 
        amount that bears the same relationship to the remainder as the 
        amount the State received under chapter B of subpart 1 of part 
        A of title I for the preceding fiscal year bears to the amount 
        all States received under that chapter for the preceding fiscal 
        year, except that no State shall receive less than an amount 
        equal to one-half of 1 percent of the total amount made 
        available to all States under this subsection.
          ``(2) Reallotment of unused funds.--If a State does not 
        receive an allotment under this part for a fiscal year, the 
        Secretary shall reallot the amount of the State's allotment to 
        the remaining States in accordance with this section.
  ``(c) State Use of Funds.--
          ``(1) In general.--Each State that receives an allotment 
        under this part shall reserve not less than 75 percent of the 
        amount allotted to the State under subsection (b) for each 
        fiscal year for awards to eligible entities under section 3204.
          ``(2) Awards to nongovernmental entities to improve student 
        academic achievement.--Each State that receives an allotment 
        under subsection (b) for each fiscal year shall reserve not 
        less than 10 percent of the amount allotted to the State for 
        awards to nongovernmental entities under section 3205.
          ``(3) State activities and state administration.--A State 
        educational agency may reserve not more than 15 percent of the 
        amount allotted to the State under subsection (b) for each 
        fiscal year for the following:
                  ``(A) Enabling the State educational agency--
                          ``(i) to pay the costs of developing the 
                        State assessments and standards required under 
                        section 1111(b), which may include the costs of 
                        working, at the sole discretion of the State, 
                        in voluntary partnerships with other States to 
                        develop such assessments and standards; or
                          ``(ii) if the State has developed the 
                        assessments and standards required under 
                        section 1111(b), to administer those 
                        assessments or carry out other activities 
                        related to ensuring that the State's schools 
                        and local educational agencies are helping 
                        students meet the State's academic standards 
                        under such section.
                  ``(B) The administrative costs of carrying out its 
                responsibilities under this part, except that not more 
                than 5 percent of the reserved amount may be used for 
                this purpose.
                  ``(C) Monitoring and evaluation of programs and 
                activities assisted under this part.
                  ``(D) Providing training and technical assistance 
                under this part.
                  ``(E) Statewide academic focused programs.
                  ``(F) Sharing evidence-based and other effective 
                strategies with eligible entities.

``SEC. 3203. STATE APPLICATION.

  ``(a) In General.--In order to receive an allotment under section 
3202 for any fiscal year, a State shall submit to the Secretary, at 
such time as the Secretary may require, an application that--
          ``(1) designates the State educational agency as the agency 
        responsible for the administration and supervision of programs 
        assisted under this part;
          ``(2) describes how the State educational agency will use 
        funds reserved for State-level activities;
          ``(3) describes the procedures and criteria the State 
        educational agency will use for reviewing applications and 
        awarding funds to eligible entities on a competitive basis, 
        which shall include reviewing how the proposed project will 
        help increase student academic achievement;
          ``(4) describes how the State educational agency will ensure 
        that awards made under this part are--
                  ``(A) of sufficient size and scope to support high-
                quality, effective programs that are consistent with 
                the purpose of this part; and
                  ``(B) in amounts that are consistent with section 
                3204(f);
          ``(5) describes the steps the State educational agency will 
        take to ensure that programs implement effective strategies, 
        including providing ongoing technical assistance and training, 
        and dissemination of evidence-based and other effective 
        strategies;
          ``(6) describes how the State educational agency will 
        consider students across all grades when making these awards;
          ``(7) an assurance that, other than 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 decision-making process of 
        eligible entities as to the expenditure of funds received by 
        the eligible entities under this part;
          ``(8) describes how programs under this part will be 
        coordinated with programs under this Act, and other programs as 
        appropriate;
          ``(9) contains an assurance that the State educational 
        agency--
                  ``(A) will make awards for programs for a period of 
                not more than 5 years; and
                  ``(B) will require each eligible entity seeking such 
                an award to submit a plan describing how the project to 
                be funded through the award will continue after funding 
                under this part ends, if applicable; and
          ``(10) contains an assurance that funds appropriated to carry 
        out this part will be used to supplement, and not supplant, 
        State and local public funds expended to provide programs and 
        activities authorized under this part and other similar 
        programs.
  ``(b) Deemed Approval.--An application submitted by a State 
educational agency pursuant to subsection (a) shall be deemed to be 
approved by the Secretary unless the Secretary makes a written 
determination, prior to the expiration of the 120-day period beginning 
on the date on which the Secretary received the application, that the 
application is not in compliance with this part.
  ``(c) Disapproval.--The Secretary shall not finally disapprove the 
application, except after giving the State educational agency notice 
and an opportunity for a hearing.
  ``(d) Notification.--If the Secretary finds that the application is 
not in compliance, in whole or in part, with this part, the Secretary 
shall--
          ``(1) give the State educational agency notice and an 
        opportunity for a hearing; and
          ``(2) notify the State educational agency of the finding of 
        noncompliance, and, in such notification, shall--
                  ``(A) cite the specific provisions in the application 
                that are not in compliance; and
                  ``(B) request additional information, only as to the 
                noncompliant provisions, needed to make the application 
                compliant.
  ``(e) Response.--If the State educational agency responds to the 
Secretary's notification described in subsection (d)(2) during the 45-
day period beginning on the date on which the agency received the 
notification, and resubmits the application with the requested 
information described in subsection (d)(2)(B), the Secretary shall 
approve or disapprove such application prior to the later of--
          ``(1) the expiration of the 45-day period beginning on the 
        date on which the application is resubmitted; or
          ``(2) the expiration of the 120-day period described in 
        subsection (b).
  ``(f) Failure to Respond.--If the State educational agency does not 
respond to the Secretary's notification described in subsection (d)(2) 
during the 45-day period beginning on the date on which the agency 
received the notification, such application shall be deemed to be 
disapproved.
  ``(g) Rule of Construction.--An application submitted by a State 
educational agency pursuant to subsection (a) shall not be approved or 
disapproved based upon the activities for which the agency may make 
funds available to eligible entities under section 3204 if the agency's 
use of funds is consistent with section 3204(b).

``SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM.

  ``(a) In General.--A State that receives funds under this part for a 
fiscal year shall provide the amount made available under section 
3202(c)(1) to eligible entities in accordance with this section.
  ``(b) Use of Funds.--
          ``(1) In general.--An eligible entity that receives an award 
        under this part shall use the funds for activities that--
                  ``(A) are evidence-based;
                  ``(B) will improve student academic achievement;
                  ``(C) are allowable under State law; and
                  ``(D) focus on one or more projects from the 
                following two categories:
                          ``(i) Supplemental student support activities 
                        such as before, after, or summer school 
                        activities, tutoring, and expanded learning 
                        time, but not including athletics or in-school 
                        learning activities.
                          ``(ii) Activities designed to support 
                        students, such as academic subject specific 
                        programs, adjunct teacher programs, extended 
                        learning time programs, and parent engagement, 
                        but not including activities to--
                                  ``(I) support smaller class sizes or 
                                construction; or
                                  ``(II) provide compensation or 
                                benefits to teachers, school leaders, 
                                other school officials, or local 
                                educational agency staff.
          ``(2) Participation of children enrolled in private 
        schools.--An eligible entity that receives an award under this 
        part shall ensure compliance with section 5501 (relating to 
        participation of children enrolled in private schools).
  ``(c) Application.--
          ``(1) In general.--To be eligible to receive an award under 
        this part, an eligible entity shall submit an application to 
        the State educational agency at such time, in such manner, and 
        including such information as the State educational agency may 
        reasonably require, including the contents required by 
        paragraph (2).
          ``(2) Contents.--Each application submitted under paragraph 
        (1) shall include--
                  ``(A) a description of the activities to be funded 
                and how they are consistent with subsection (b);
                  ``(B) an assurance that funds under this part will be 
                used to increase the level of State, local, and other 
                non-Federal funds that would, in the absence of funds 
                under this part, be made available for programs and 
                activities authorized under this part, and in no case 
                supplant State, local, or non-Federal funds;
                  ``(C) an assurance that the community will be given 
                notice of an intent to submit an application with an 
                opportunity for comment, and that the application will 
                be available for public review after submission of the 
                application; and
                  ``(D) an assurance that students who benefit from any 
                activity funded under this part shall continue to 
                maintain enrollment in a public elementary or secondary 
                school.
  ``(d) Review.--In reviewing local applications under this section, a 
State educational agency shall use a peer review process or other 
methods of assuring the quality of such applications but the review 
shall be limited to the likelihood that the project will increase 
student academic achievement.
  ``(e) Geographic Diversity.--A State educational agency shall 
distribute funds under this part equitably among geographic areas 
within the State, including rural, suburban, and urban communities.
  ``(f) Award.--A grant shall be awarded to all eligible entities that 
submit an application that meets the requirements of this section in an 
amount that is not less than $10,000, but there shall be only one 
minimum award granted to any one local educational agency.
  ``(g) Duration of Awards.--Grants under this part may be awarded for 
a period of not more than 5 years.
  ``(h) Eligible Entity Defined.--In this section, the term `eligible 
entity' means--
          ``(1) a local educational agency in partnership with a 
        community-based organization, business entity, or 
        nongovernmental entity;
          ``(2) a consortium of local educational agencies working in 
        partnership with a community-based organization, business 
        entity, or nongovernmental entity;
          ``(3) a community-based organization in partnership with a 
        local educational agency and, if applicable, a business entity 
        or nongovernmental entity; or
          ``(4) a business entity in partnership with a local 
        educational agency and, if applicable, a community-based 
        organization or nongovernmental entity.

``SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO IMPROVE ACADEMIC 
                    ACHIEVEMENT.

  ``(a) In General.--From the amount reserved under section 3202(c)(2), 
a State educational agency shall award grants to nongovernmental 
entities, including public or private organizations, community-based or 
faith-based organizations, and business entities for a program or 
project to increase the academic achievement of public school students 
attending public elementary or secondary schools (or both) in 
compliance with the requirements in this section. Subject to the 
availability of funds, the State educational agency shall award a grant 
to each eligible applicant that meets the requirements in a sufficient 
size and scope to support the program.
  ``(b) Application.--The State educational agency shall require an 
application that includes the following information:
          ``(1) A description of the program or project the applicant 
        will use the funds to support.
          ``(2) A description of how the applicant is using or will use 
        other State, local, or private funding to support the program 
        or project.
          ``(3) A description of how the program or project will help 
        increase student academic achievement, including the evidence 
        to support this claim.
          ``(4) A description of the student population the program or 
        project is targeting to impact, and if the program will 
        prioritize students in high-need local educational agencies.
          ``(5) A description of how the applicant will conduct 
        sufficient outreach to ensure students can participate in the 
        program or project.
          ``(6) A description of any partnerships the applicant has 
        entered into with the local educational agencies or other 
        entities the applicant will work with, if applicable.
          ``(7) A description of how the applicant will work to share 
        evidence-based and other effective strategies from the program 
        or project with local educational agencies and other entities 
        working with students to increase academic achievement.
          ``(8) An assurance that students who benefit from any program 
        or project funded under this section shall continue to maintain 
        enrollment in a public elementary or secondary school.
  ``(c) Matching Contribution.--An eligible applicant receiving a grant 
under this section shall provide, either directly or through private 
contributions, non-Federal matching funds equal to not less than 50 
percent of the amount of the grant.
  ``(d) Review.--The State educational agency shall review the 
application to ensure that--
          ``(1) the applicant is an eligible applicant;
          ``(2) the application clearly describes the required elements 
        in subsection (b);
          ``(3) the entity meets the matching requirement described in 
        subsection (c); and
          ``(4) the program is allowable and complies with Federal, 
        State, and local laws.
  ``(e) Distribution of Funds.--If the application requests exceed the 
funds available, the State educational agency shall prioritize projects 
that support students in high-need local educational agencies and 
ensure geographic diversity, including serving rural, suburban, and 
urban areas.
  ``(f) Administrative Costs.--Not more than 1 percent of a grant 
awarded under this section may be used for administrative costs.

``SEC. 3206. REPORT.

  ``Each recipient of a grant under section 3204 or 3205 shall report 
to the State educational agency on--
          ``(1) the success of the program in reaching the goals of the 
        program;
          ``(2) a description of the students served by the program and 
        how the students' academic achievement improved; and
          ``(3) the results of any evaluation conducted on the success 
        of the program.''.

                         TITLE III--IMPACT AID

SEC. 301. PURPOSE.

  Section 8001 (20 U.S.C. 7701) is amended by striking ``challenging 
State standards'' and inserting ``State academic standards''.

SEC. 302. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.

  Section 8002 (20 U.S.C. 7702) is amended--
          (1) in subsection (a)--
                  (A) in the matter preceding paragraph (1), by 
                striking ``2003'' and inserting ``2018''; and
                  (B) in paragraph (1)(C), by amending the matter 
                preceding clause (i) to read as follows:
                  ``(C) had an assessed value according to original 
                records (including facsimiles or other reproductions of 
                those records) or other records that the Secretary 
                determines to be appropriate and reliable, including 
                Federal agency records or local historical records, 
                aggregating 10 percent or more of the assessed value 
                of--'';
          (2) in subsection (b)--
                  (A) in paragraph (1)(B), by striking ``section 
                8014(a)'' and inserting ``section 3(c)(1)'';
                  (B) by amending paragraph (2) to read as follows:
          ``(2) Determination of estimated taxable value for eligible 
        federal property.--
                  ``(A) In general.--Subject to subparagraph (B), in 
                determining the estimated taxable value of eligible 
                Federal property located within the boundaries of a 
                local educational agency for fiscal year 2013 and each 
                succeeding fiscal year, the Secretary shall carry out 
                the following:
                          ``(i) Determine the total taxable value of 
                        real property located within the boundaries of 
                        such local educational agency for the purpose 
                        of levying a property tax for current 
                        expenditures.
                          ``(ii) Determine the per acre value of the 
                        eligible Federal property by dividing--
                                  ``(I) the total taxable value 
                                determined under clause (i), by
                                  ``(II) the difference between the 
                                total acres located within the 
                                boundaries of the local educational 
                                agency and the number of Federal acres 
                                in that agency eligible under this 
                                section.
                          ``(iii) Multiply--
                                  ``(I) the per acre value calculated 
                                under clause (ii), by
                                  ``(II) the number of Federal acres in 
                                that agency eligible under this 
                                section.
                  ``(B) Special rule.--In a case in which a local 
                educational agency shares eligible Federal property 
                with 2 or more local educational agencies, the local 
                educational agency may elect to have the Secretary--
                          ``(i) calculate the per acre value of the 
                        eligible Federal property of each such local 
                        educational agency in accordance with 
                        subparagraph (A); and
                          ``(ii) carry out the calculation under 
                        subparagraph (A)(iii) by multiplying--
                                  ``(I) the average of the per acre 
                                values of such eligible Federal 
                                properties, by
                                  ``(II) the acres of the Federal 
                                property in that agency eligible under 
                                this section.''; and
                  (C) by amending paragraph (3) to read as follows:
          ``(3) Application of current levied real property tax rate.--
        In calculating the amount that a local educational agency is 
        eligible to receive for a fiscal year, the Secretary shall 
        apply the current levied real property tax rate for current 
        expenditures levied by fiscally independent local educational 
        agencies, or imputed for fiscally dependent local educational 
        agencies, to the current annually determined estimated taxable 
        value of such acquired Federal property as calculated under 
        paragraph (2).'';
          (3) by amending subsection (f) to read as follows:
  ``(f) Special Rule.--Beginning with fiscal year 2013, a local 
educational agency shall be deemed to meet the requirements of 
subsection (a)(1)(C) if records to determine eligibility under such 
subsection were destroyed prior to fiscal year 2000 and the agency 
received funds under subsection (b) in the previous year.'';
          (4) by amending subsection (g) to read as follows:
  ``(g) Former Districts.--
          ``(1) Consolidations.--For fiscal year 2006 and each 
        succeeding fiscal year, if a local educational agency described 
        in paragraph (2) is formed at any time after 1938 by the 
        consolidation of two or more former school districts, the local 
        educational agency may elect to have the Secretary determine 
        its eligibility and any amount for which the local educational 
        agency is eligible under this section for such fiscal year on 
        the basis of one or more of those former districts, as 
        designated by the local educational agency.
          ``(2) Eligible local educational agencies.--A local 
        educational agency described in this paragraph is--
                  ``(A) any local educational agency that, for fiscal 
                year 1994 or any preceding fiscal year, applied for, 
                and was determined to be eligible under section 2(c) of 
                the Act of September 20, 1950 (Public Law 874, 81st 
                Congress) as that section was in effect for that fiscal 
                year; or
                  ``(B) a local educational agency formed by the 
                consolidation of 2 or more school districts, at least 
                one of which was eligible for assistance under this 
                section for the fiscal year preceding the year of the 
                consolidation, if--
                          ``(i) for fiscal years 2006 through 2012, the 
                        local educational agency notifies the Secretary 
                        not later than 30 days after the date of 
                        enactment of the Encouraging Innovation and 
                        Effective Teachers Act of the designation 
                        described in paragraph (1); and
                          ``(ii) for fiscal year 2013, and each 
                        subsequent fiscal year, the local educational 
                        agency includes the designation in its 
                        application under section 8005 or any timely 
                        amendment to such application.
          ``(3) Availability of funds.--Notwithstanding any other 
        provision of law limiting the period during which the Secretary 
        may obligate funds appropriated for any fiscal year after 
        fiscal year 2005, the Secretary may obligate funds remaining 
        after final payments have been made for any of such fiscal 
        years to carry out this subsection.'';
          (5) in subsection (h)--
                  (A) by striking ``section 8014(a)'' and inserting 
                ``section 3(c)(1)'';
                  (B) by amending paragraph (1) to read as follows:
          ``(1) Foundation payments.--
                  ``(A) In general.--From the amount appropriated under 
                section 3(c)(1) for the fiscal year involved, the 
                Secretary shall first make a payment to the following 
                local educational agencies:
                          ``(i) Each local educational agency that 
                        received a payment under this section for 
                        fiscal year 2006 and was eligible for a payment 
                        under this section for fiscal year 2006.
                          ``(ii) Each local educational agency that did 
                        not receive a payment under this section for 
                        fiscal year 2006 but was newly eligible for a 
                        payment under this section after fiscal year 
                        2006.
                  ``(B) Amount.--The amount of payment under 
                subparagraph (A) for a local educational agency shall 
                be determined as follows:
                          ``(i) For a local educational agency 
                        described in subparagraph (A)(i) the amount of 
                        payment shall be equal to 90 percent of the 
                        amount received by such local educational 
                        agency under subsection (b) for fiscal year 
                        2006.
                          ``(ii) For a local educational agency 
                        described in subparagraph (A)(ii) the amount of 
                        payment shall be determined by--
                                  ``(I) calculating a payment estimate 
                                for fiscal year 2006 for such local 
                                educational agency under subsection (b) 
                                in the same manner as payments were 
                                determined for local educational 
                                agencies eligible for and receiving 
                                payments for fiscal year 2006 under 
                                such section; and
                                  ``(II) multiplying the amount 
                                determined under subclause (I) by 90 
                                percent.
                  ``(C) Foundation payment.--The amount of payments 
                calculated under clause (i) or (ii) of subparagraph (B) 
                for a local educational agency shall be considered the 
                local educational agency's foundation payments for each 
                succeeding fiscal year.
                  ``(D) Insufficient appropriations.--If the amount 
                appropriated under section 3(c)(1) is insufficient to 
                pay the full amount determined under this paragraph for 
                all eligible local educational agencies for the fiscal 
                year, then the Secretary shall ratably reduce the 
                payment to each such local educational agency under 
                this paragraph.'';
                  (C) by amending paragraph (2) to read as follows:
          ``(2) Remaining funds.--From any amounts remaining after 
        making payments under paragraph (1) for the fiscal year 
        involved, the Secretary shall--
                  ``(A) sum the amounts determined for all eligible 
                local educational agencies under subsection (b)(2);
                  ``(B) determine each eligible local educational 
                agency's proportional share of the amount calculated 
                under subparagraph (A); and
                  ``(C) pay each eligible local educational agency its 
                share of the remaining funds based on the proportion 
                calculated under subparagraph (B).''; and
                  (D) by striking paragraphs (3) and (4);
          (6) by repealing subsections (i) and (k);
          (7) by redesignating subsection (l) as subsection (i);
          (8) by amending subsection (i) (as so redesignated) by 
        striking ``(h)(4)(B)'' and inserting ``(h)(2)'';
          (9) by repealing subsection (m); and
          (10) by redesignating subsection (n) as subsection (j).

SEC. 303. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

  (a) Computation of Payment.--Section 8003(a) (20 U.S.C. 7703(a)) is 
amended--
          (1) in the matter preceding subparagraph (A) of paragraph 
        (1), by inserting after ``schools of such agency'' the 
        following: ``(including those children enrolled in such agency 
        as a result of the open enrollment policy of the State in which 
        the agency is located, but not including children who are 
        enrolled in a distance education program at such agency and who 
        are not residing within the geographic boundaries of such 
        agency)'';
          (2) in paragraph (4)--
                  (A) in the heading, by striking ``or rebuilding'' and 
                inserting ``, rebuilding, or authorized for 
                demolition'';
                  (B) in subparagraph (A), by striking ``or 
                rebuilding'' each place it appears and inserting ``, 
                rebuilding, or authorized for demolition by the 
                Secretary of Defense or the head of another Federal 
                agency''; and
                  (C) in subparagraph (B)--
                          (i) by striking ``or rebuilding'' each place 
                        it appears and inserting ``, rebuilding, or 
                        authorized for demolition by the Secretary of 
                        Defense or the head of another Federal 
                        agency''; and
                          (ii) by striking ``3 fiscal years'' each 
                        place it appears and inserting ``4 fiscal years 
                        (which are not required to run 
                        consecutively)''; and
          (3) in paragraph (5)(A), by inserting after ``1984,'' the 
        following: ``or under lease of off-base property under 
        subchapter IV of chapter 169 of title 10, United States 
        Code,''.
  (b) Basic Support Payments for Heavily Impacted Local Educational 
Agencies.--Section 8003(b) (20 U.S.C. 7703(b)) is amended--
          (1) by striking ``section 8014(b)'' each place it appears and 
        inserting ``section 3(c)(2)'';
          (2) in paragraph (1), by repealing subparagraph (E);
          (3) in paragraph (2)--
                  (A) in subparagraph (A), by inserting at the end the 
                following:
                          ``(iii) The Secretary shall--
                                  ``(I) deem each local educational 
                                agency that received a basic support 
                                payment under this paragraph for fiscal 
                                year 2009 as eligible to receive a 
                                basic support payment under this 
                                paragraph for each of fiscal years 
                                2010, 2011, and 2012; and
                                  ``(II) make a payment to each such 
                                local educational agency under this 
                                paragraph for each of fiscal years 
                                2010, 2011, and 2012.''; and
                  (B) in subparagraph (B)--
                          (i) by striking ``continuing'' in the 
                        heading;
                          (ii) by amending clause (i) to read as 
                        follows:
                          ``(i) In general.--A heavily impacted local 
                        educational agency is eligible to receive a 
                        basic support payment under subparagraph (A) 
                        with respect to a number of children determined 
                        under subsection (a)(1) if the agency--
                                  ``(I) is a local educational agency--
                                          ``(aa) whose boundaries are 
                                        the same as a Federal military 
                                        installation or an island 
                                        property designated by the 
                                        Secretary of the Interior to be 
                                        property that is held in trust 
                                        by the Federal Government; and
                                          ``(bb) that has no taxing 
                                        authority;
                                  ``(II) is a local educational agency 
                                that--
                                          ``(aa) has an enrollment of 
                                        children described in 
                                        subsection (a)(1) that 
                                        constitutes a percentage of the 
                                        total student enrollment of the 
                                        agency that is not less than 45 
                                        percent;
                                          ``(bb) has a per-pupil 
                                        expenditure that is less than--
                                                  ``(AA) for an agency 
                                                that has a total 
                                                student enrollment of 
                                                500 or more students, 
                                                125 percent of the 
                                                average per-pupil 
                                                expenditure of the 
                                                State in which the 
                                                agency is located; or
                                                  ``(BB) for any agency 
                                                that has a total 
                                                student enrollment less 
                                                than 500, 150 percent 
                                                of the average per-
                                                pupil expenditure of 
                                                the State in which the 
                                                agency is located; or 
                                                the average per-pupil 
                                                expenditure of 3 or 
                                                more comparable local 
                                                educational agencies in 
                                                the State in which the 
                                                agency is located; and
                                          ``(cc) is an agency that--
                                                  ``(AA) has a tax rate 
                                                for general fund 
                                                purposes that is not 
                                                less than 95 percent of 
                                                the average tax rate 
                                                for general fund 
                                                purposes of comparable 
                                                local educational 
                                                agencies in the State; 
                                                or
                                                  ``(BB) was eligible 
                                                to receive a payment 
                                                under this subsection 
                                                for fiscal year 2012 
                                                and is located in a 
                                                State that by State law 
                                                has eliminated ad 
                                                valorem tax as a 
                                                revenue for local 
                                                educational agencies;
                                  ``(III) is a local educational agency 
                                that--
                                          ``(aa) has an enrollment of 
                                        children described in 
                                        subsection (a)(1) that 
                                        constitutes a percentage of the 
                                        total student enrollment of the 
                                        agency that is not less than 20 
                                        percent;
                                          ``(bb) for the 3 fiscal years 
                                        preceding the fiscal year for 
                                        which the determination is 
                                        made, the average enrollment of 
                                        children who are not described 
                                        in subsection (a)(1) and who 
                                        are eligible for a free or 
                                        reduced price lunch under the 
                                        Richard B. Russell National 
                                        School Lunch Act constitutes a 
                                        percentage of the total student 
                                        enrollment of the agency that 
                                        is not less than 65 percent; 
                                        and
                                          ``(cc) has a tax rate for 
                                        general fund purposes which is 
                                        not less than 125 percent of 
                                        the average tax rate for 
                                        general fund purposes for 
                                        comparable local educational 
                                        agencies in the State;
                                  ``(IV) is a local educational agency 
                                that has a total student enrollment of 
                                not less than 25,000 students, of 
                                which--
                                          ``(aa) not less than 50 
                                        percent are children described 
                                        in subsection (a)(1); and
                                          ``(bb) not less than 5,500 of 
                                        such children are children 
                                        described in subparagraphs (A) 
                                        and (B) of subsection (a)(1); 
                                        or
                                  ``(V) is a local educational agency 
                                that--
                                          ``(aa) has an enrollment of 
                                        children described in 
                                        subsection (a)(1) including, 
                                        for purposes of determining 
                                        eligibility, those children 
                                        described in subparagraphs (F) 
                                        and (G) of such subsection, 
                                        that is not less than 35 
                                        percent of the total student 
                                        enrollment of the agency; and
                                          ``(bb) was eligible to 
                                        receive assistance under 
                                        subparagraph (A) for fiscal 
                                        year 2001.''; and
                          (iii) in clause (ii)--
                                  (I) by striking ``A heavily'' and 
                                inserting the following:
                                  ``(I) In general.--Subject to 
                                subclause (II), a heavily''; and
                                  (II) by adding at the end the 
                                following:
                                  ``(II) Loss of eligibility due to 
                                falling below 95 percent of the average 
                                tax rate for general fund purposes.--In 
                                a case of a heavily impacted local 
                                educational agency that fails to meet 
                                the requirements of clause (i) for a 
                                fiscal year by reason of having a tax 
                                rate for general fund purposes that 
                                falls below 95 percent of the average 
                                tax rate for general fund purposes of 
                                comparable local educational agencies 
                                in the State, subclause (I) shall be 
                                applied as if `and the subsequent 
                                fiscal year' were inserted before the 
                                period at the end.'';
                  (C) by striking subparagraph (C);
                  (D) by redesignating subparagraphs (D) through (H) as 
                subparagraphs (C) through (G), respectively;
                  (E) in subparagraph (C) (as so redesignated)--
                          (i) in the heading, by striking ``regular'';
                          (ii) by striking ``Except as provided in 
                        subparagraph (E)'' and inserting ``Except as 
                        provided in subparagraph (D)'';
                          (iii) by amending subclause (I) of clause 
                        (ii) to read as follows:
                  ``(ii)(I)(aa) For a local educational agency with 
                respect to which 35 percent or more of the total 
                student enrollment of the schools of the agency are 
                children described in subparagraph (D) or (E) (or a 
                combination thereof) of subsection (a)(1), and that has 
                an enrollment of children described in subparagraphs 
                (A), (B), or (C) of such subsection equal to at least 
                10 percent of the agency's total enrollment, the 
                Secretary shall calculate the weighted student units of 
                those children described in subparagraph (D) or (E) of 
                such subsection by multiplying the number of such 
                children by a factor of 0.55.
                  ``(bb) Notwithstanding subitem (aa), a local 
                educational agency that received a payment under this 
                paragraph for fiscal year 2006 shall not be required to 
                have an enrollment of children described in 
                subparagraphs (A), (B), or (C) of subsection (a)(1) 
                equal to at least 10 percent of the agency's total 
                enrollment.''; and
                          (iv) by amending subclause (III) of clause 
                        (ii) by striking ``(B)(i)(II)(aa)'' and 
                        inserting ``subparagraph (B)(i)(I)'';
                  (F) in subparagraph (D)(i)(II) (as so redesignated), 
                by striking ``6,000'' and inserting ``5,500'';
                  (G) in subparagraph (E) (as so redesignated)--
                          (i) by striking ``Secretary'' and all that 
                        follows through ``shall use'' and inserting 
                        ``Secretary shall use'';
                          (ii) by striking ``; and'' and inserting a 
                        period; and
                          (iii) by striking clause (ii);
                  (H) in subparagraph (F) (as so redesignated), by 
                striking ``subparagraph (C)(i)(II)(bb)'' and inserting 
                ``subparagraph (B)(i)(II)(bb)'';
                  (I) in subparagraph (G) (as so redesignated)--
                          (i) in clause (i)--
                                  (I) by striking ``subparagraph (B), 
                                (C), (D), or (E)'' and inserting 
                                ``subparagraph (B), (C), or (D)'';
                                  (II) by striking ``by reason of'' and 
                                inserting ``due to'';
                                  (III) by inserting after ``clause 
                                (iii)'' the following ``, or as the 
                                direct result of base realignment and 
                                closure or modularization as determined 
                                by the Secretary of Defense and force 
                                structure change or force relocation''; 
                                and
                                  (IV) by inserting before the period, 
                                the following: ``or during such time as 
                                activities associated with base closure 
                                and realignment, modularization, force 
                                structure change, or force relocation 
                                are ongoing''; and
                          (ii) in clause (ii), by striking ``(D) or 
                        (E)'' each place it appears and inserting ``(C) 
                        or (D)'';
          (4) in paragraph (3)--
                  (A) in subparagraph (B)--
                          (i) by amending clause (iii) to read as 
                        follows:
                  ``(iii) In the case of a local educational agency 
                providing a free public education to students enrolled 
                in kindergarten through grade 12, but which enrolls 
                students described in subparagraphs (A), (B), and (D) 
                of subsection (a)(1) only in grades 9 through 12, and 
                which received a final payment in fiscal year 2009 
                calculated under this paragraph (as this paragraph was 
                in effect on the day before the date of enactment of 
                the Encouraging Innovation and Effective Teachers Act) 
                for students in grades 9 through 12, the Secretary 
                shall, in calculating the agency's payment, consider 
                only that portion of such agency's total enrollment of 
                students in grades 9 through 12 when calculating the 
                percentage under clause (i)(I) and only that portion of 
                the total current expenditures attributed to the 
                operation of grades 9 through 12 in such agency when 
                calculating the percentage under clause (i)(II).''; and
                          (ii) by adding at the end the following:
                  ``(v) In the case of a local educational agency that 
                is providing a program of distance education to 
                children not residing within the geographic boundaries 
                of the agency, the Secretary shall--
                          ``(I) for purposes of the calculation under 
                        clause (i)(I), disregard such children from the 
                        total number of children in average daily 
                        attendance at the schools served by such 
                        agency; and
                          ``(II) for purposes of the calculation under 
                        clause (i)(II), disregard any funds received 
                        for such children from the total current 
                        expenditures for such agency.'';
                  (B) in subparagraph (C), by striking ``subparagraph 
                (D) or (E) of paragraph (2), as the case may be'' and 
                inserting ``paragraph (2)(D)''; and
                  (C) by amending subparagraph (D) to read as follows:
                  ``(D) Ratable distribution.--For any fiscal year 
                described in subparagraph (A) for which the sums 
                available exceed the amount required to pay each local 
                educational agency 100 percent of its threshold 
                payment, the Secretary shall distribute the excess sums 
                to each eligible local educational agency that has not 
                received its full amount computed under paragraph (1) 
                or (2) (as the case may be) by multiplying--
                          ``(i) a percentage, the denominator of which 
                        is the difference between the full amount 
                        computed under paragraph (1) or (2) (as the 
                        case may be) for all local educational agencies 
                        and the amount of the threshold payment (as 
                        calculated under subparagraphs (B) and (C)) of 
                        all local educational agencies, and the 
                        numerator of which is the aggregate of the 
                        excess sums, by;
                          ``(ii) the difference between the full amount 
                        computed under paragraph (1) or (2) (as the 
                        case may be) for the agency and the amount of 
                        the threshold payment as calculated under 
                        subparagraphs (B) and (C) of the agency.''; and
                  (D) by inserting at the end the following new 
                subparagraphs:
                  ``(E) Insufficient payments.--For each fiscal year 
                described in subparagraph (A) for which the sums 
                appropriated under section 3(c)(2) are insufficient to 
                pay each local educational agency all of the local 
                educational agency's threshold payment described in 
                subparagraph (D), the Secretary shall ratably reduce 
                the payment to each local educational agency under this 
                paragraph.
                  ``(F) Increases.--If the sums appropriated under 
                section 3(c)(2) are sufficient to increase the 
                threshold payment above the 100 percent threshold 
                payment described in subparagraph (D), then the 
                Secretary shall increase payments on the same basis as 
                such payments were reduced, except no local educational 
                agency may receive a payment amount greater than 100 
                percent of the maximum payment calculated under this 
                subsection.''; and
          (5) in paragraph (4)--
                  (A) in subparagraph (A), by striking ``through (D)'' 
                and inserting ``and (C)''; and
                  (B) in subparagraph (B), by striking ``subparagraph 
                (D) or (E)'' and inserting ``subparagraph (C) or (D)''.
  (c) Prior Year Data.--Paragraph (2) of section 8003(c) (20 U.S.C. 
7703(c)) is amended to read as follows:
          ``(2) Exception.--Calculation of payments for a local 
        educational agency shall be based on data from the fiscal year 
        for which the agency is making an application for payment if 
        such agency--
                  ``(A) is newly established by a State, for the first 
                year of operation of such agency only;
                  ``(B) was eligible to receive a payment under this 
                section for the previous fiscal year and has had an 
                overall increase in enrollment (as determined by the 
                Secretary in consultation with the Secretary of 
                Defense, the Secretary of Interior, or the heads of 
                other Federal agencies)--
                          ``(i) of not less than 10 percent, or 100 
                        students, of children described in--
                                  ``(I) subparagraph (A), (B), (C), or 
                                (D) of subsection (a)(1); or
                                  ``(II) subparagraph (F) and (G) of 
                                subsection (a)(1), but only to the 
                                extent such children are civilian 
                                dependents of employees of the 
                                Department of Defense or the Department 
                                of Interior; and
                          ``(ii) that is the direct result of closure 
                        or realignment of military installations under 
                        the base closure process or the relocation of 
                        members of the Armed Forces and civilian 
                        employees of the Department of Defense as part 
                        of the force structure changes or movements of 
                        units or personnel between military 
                        installations or because of actions initiated 
                        by the Secretary of the Interior or the head of 
                        another Federal agency; or
                  ``(C) was eligible to receive a payment under this 
                section for the previous fiscal year and has had an 
                increase in enrollment (as determined by the 
                Secretary)--
                          ``(i) of not less than 10 percent of children 
                        described in subsection (a)(1) or not less than 
                        100 of such children; and
                          ``(ii) that is the direct result of the 
                        closure of a local educational agency that 
                        received a payment under subsection (b)(1) or 
                        (b)(2) in the previous fiscal year.''.
  (d) Children With Disabilities.--Section 8003(d)(1) (20 U.S.C. 
7703(d)) is amended by striking ``section 8014(c)'' and inserting 
``section 3(c)(3)''.
  (e) Hold-harmless.--Section 8003(e) (20 U.S.C. 7703(e)) is amended--
          (1) by amending paragraph (1) to read as follows:
          ``(1) In general.--Subject to paragraph (2), the total amount 
        the Secretary shall pay a local educational agency under 
        subsection (b)--
                  ``(A) for fiscal year 2013, shall not be less than 90 
                percent of the total amount that the local educational 
                agency received under subsection (b)(1), (b)(2), or 
                (b)(2)(B)(ii) for fiscal year 2012;
                  ``(B) for fiscal year 2014, shall not be less than 85 
                percent of the total amount that the local educational 
                agency received under subsection (b)(1), (b)(2), or 
                (b)(2)(B)(ii) for fiscal year 2012; and
                  ``(C) for fiscal year 2015, shall not be less than 80 
                percent of the total amount that the local educational 
                agency received under subsection (b)(1), (b)(2), or 
                (b)(2)(B)(ii) for fiscal year 2012.''; and
          (2) by amending paragraph (2) to read as follows:
          ``(2) Maximum amount.--The total amount provided to a local 
        educational agency under subparagraph (A), (B), or C of 
        paragraph (1) for a fiscal year shall not exceed the maximum 
        basic support payment amount for such agency determined under 
        paragraph (1) or (2) of subsection (b), as the case may be, for 
        such fiscal year.''.
  (f) Maintenance of Effort.--Section 8003 (20 U.S.C. 7703) is amended 
by striking subsection (g).

SEC. 304. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON 
                    INDIAN LANDS.

  Section 8004(e)(9) is amended by striking ``Bureau of Indian 
Affairs'' and inserting ``Bureau of Indian Education''.

SEC. 305. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.

  Section 8005(b) (20 U.S.C. 7705(b)) is amended in the matter 
preceding paragraph (1) by striking ``and shall contain such 
information,''.

SEC. 306. CONSTRUCTION.

  Section 8007 (20 U.S.C. 7707) is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1), by striking ``section 8014(e)'' 
                and inserting ``section 3(c)(4)'';
                  (B) in paragraph (2), by adding at the end the 
                following:
                  ``(C) The agency is eligible under section 4003(b)(2) 
                or is receiving basic support payments under 
                circumstances described in section 
                4003(b)(2)(B)(ii).''; and
                  (C) in paragraph (3), by striking ``section 8014(e)'' 
                each place it appears and inserting ``section 
                3(c)(4)''; and
          (2) in subsection (b)--
                  (A) in paragraph (1), by striking ``section 8014(e)'' 
                and inserting ``section 3(c)(4)'';
                  (B) in paragraph (3)--
                          (i) in subparagraph (C)(i)(I), by adding at 
                        the end the following:
                                  ``(cc) At least 10 percent of the 
                                property in the agency is exempt from 
                                State and local taxation under Federal 
                                law.''; and
                          (ii) by adding at the end the following:
                  ``(F) Limitations on eligibility requirements.--The 
                Secretary shall not limit eligibility--
                          ``(i) under subparagraph (C)(i)(I)(aa), to 
                        those local educational agencies in which the 
                        number of children determined under section 
                        8003(a)(1)(C) for each such agency for the 
                        preceding school year constituted more than 40 
                        percent of the total student enrollment in the 
                        schools of each such agency during the 
                        preceding school year; and
                          ``(ii) under subparagraph (C)(i)(I)(cc), to 
                        those local educational agencies in which more 
                        than 10 percent of the property in each such 
                        agency is exempt from State and local taxation 
                        under Federal law.''; and
                  (C) in paragraph (6)--
                          (i) in the matter preceding subparagraph (A), 
                        by striking ``in such manner, and accompanied 
                        by such information'' and inserting ``and in 
                        such manner''; and
                          (ii) by striking subparagraph (F).

SEC. 307. FACILITIES.

  Section 8008 (20 U.S.C. 7708) is amended in subsection (a), by 
striking ``section 8014(f)'' and inserting ``section 3(c)(5)''.

SEC. 308. STATE CONSIDERATION OF PAYMENTS PROVIDING STATE AID.

  Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is amended by 
striking ``and contain the information''.

SEC. 309. FEDERAL ADMINISTRATION.

  Section 8010 (20 U.S.C. 7710) is amended--
          (1) in subsection (c), by striking ``paragraph (3)'' each 
        place it appears and inserting ``paragraph (2)''; and
          (2) by adding at the end the following new subsection:
  ``(d) Timely Payments.--
          ``(1) In general.--The Secretary shall pay the full amount 
        that a local educational agency is eligible to receive under 
        this title not later than September 30 of the second fiscal 
        year following the fiscal year for which such amount has been 
        appropriated if, not later than 1 calendar year following the 
        fiscal year in which such amount has been appropriated, such 
        local educational agency submits to the Secretary all the data 
        and information necessary for the Secretary to pay the full 
        amount that the agency is eligible to receive under this title 
        for such fiscal year.
          ``(2) Payments with respect to fiscal years in which 
        insufficient funds are appropriated.--For a fiscal year in 
        which the amount appropriated under section 3(c) is 
        insufficient to pay the full amount a local educational agency 
        is eligible to receive under this title, paragraph (1) shall be 
        applied by substituting `is available to pay the agency' for 
        `the agency is eligible to receive' each place it appears.''.

SEC. 310. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

  Section 8011(a) (20 U.S.C. 7711(a)) is amended by striking ``or under 
the Act'' and all the follows through ``1994)''.

SEC. 311. DEFINITIONS.

  Section 8013 is amended--
          (1) in paragraph (1), by striking ``and Marine Corps'' and 
        inserting ``Marine Corps, and Coast Guard'';
          (2) in paragraph (4), by striking ``and title VI'';
          (3) in paragraph (5)(A)(iii)--
                  (A) in subclause (II), by striking ``Stewart B. 
                McKinney Homeless Assistance Act'' and inserting 
                ``McKinney-Vento Homeless Assistance Act (42 U.S.C. 
                114111 et seq.)''; and
                  (B) in subclause (III), by inserting before the 
                semicolon, ``(26 U.S.C. 4101 et seq.)'';
          (4) in paragraph (8)(A), by striking ``and verified by'' and 
        inserting ``, and verified by,''; and
          (5) in paragraph (9)(B), by inserting a comma before ``on a 
        case-by-case basis''.

SEC. 312. AUTHORIZATION OF APPROPRIATIONS.

  Section 8014 (20 U.S.C. 7801) is repealed.

SEC. 313. CONFORMING AMENDMENTS.

  (a) Repeal.--Title IV (20 U.S.C. 7101 et seq.), as amended by section 
201(b)(2) of the Student Success Act, is repealed.
  (b) Transfer and Redesignation.--Title VIII (20 U.S.C. 7701 et seq.), 
as amended by this title, is redesignated as title IV (20 U.S.C. 7101 
et seq.), and transferred and inserted after title III (as amended by 
this Act).
  (c) Title IV.--The heading relating to title IV of such Act (20 
U.S.C. 7101 et seq.) is amended to read as follows:

                       ``TITLE IV--IMPACT AID''.

  (d) Title VIII References.--The Act (20 U.S.C. 6301 et seq.) is 
amended--
          (1) by redesignating sections 8001 through 8005 as sections 
        4001 through 4005, respectively;
          (2) by redesignating sections 8007 through 8013 as sections 
        4007 through 4013, respectively;
          (3) by striking ``section 8002'' each place it appears and 
        inserting ``section 4002'';
          (4) by striking ``section 8002(b)'' each place it appears and 
        inserting ``section 4002(b)'';
          (5) by striking ``section 8003'' each place it appears and 
        inserting ``section 4003'', respectively;
          (6) by striking ``section 8003(a)'' each place it appears and 
        inserting ``section 4003(a)'';
          (7) by striking ``section 8003(a)(1)'' each place it appears 
        and inserting ``section 4003(a)(1)'';
          (8) by striking ``section 8003(a)(1)(C)'' each place it 
        appears and inserting ``section 4003(a)(1)(C)'';
          (9) by striking ``section 8002(a)(2)'' each place it appears 
        and inserting ``section 4002(a)(2)'';
          (10) by striking ``section 8003(b)'' each place it appears 
        and inserting ``section 4003(b)'';
          (11) by striking ``section 8003(b)(1)'' each place it appears 
        and inserting ``section 4003(b)(1)'';
          (12) in section 4002(b)(1)(C), by striking ``section 
        8003(b)(1)(C)'' and inserting ``section 4003(b)(1)(C)'';
          (13) in section 4002(j)(1) (as so redesignated), by striking 
        ``section 8013(5)(C)(iii)'' and inserting ``section 
        4013(5)(C)(iii)'';
          (14) in section 4005 (as so redesignated)--
                  (A) in the section heading, by striking ``8002 and 
                8003'' and inserting ``4002 and 4003'';
                  (B) by striking ``or 8003'' each place it appears and 
                inserting ``or 4003'';
                  (C) in subsection (b)(2), by striking ``section 
                8004'' and inserting ``section 4004''; and
                  (D) in subsection (d)(2), by striking ``section 
                8003(e)'' and inserting ``section 4003(e)'';
          (15) in section 4007(a)(3)(A)(i) (as so redesignated), by 
        striking ``section 8008(a)'' and inserting ``section 4008(a)'';
          (16) in section 4007(a)(4) (as so redesignated), by striking 
        ``section 8013(3)'' and inserting ``section 4013(3)''; and
          (17) in section 4009 (as so redesignated)--
                  (A) in subsection (b)(1)--
                          (i) by striking ``or 8003(b)'' and inserting 
                        ``or 4003(b)'';
                          (ii) by striking ``section 8003(a)(2)(B)'' 
                        and inserting ``section 4003(a)(2)(B)''; and
                          (iii) by striking ``section 8003(b)(2)'' and 
                        inserting ``section 4003(b)(2)'';
                  (B) by striking ``section 8011(a)'' each place it 
                appears and inserting ``section 4011(a)''; and
          (18) in section 4010(c)(2)(D) (as so redesignated) by 
        striking ``section 8009(b)'' and inserting ``section 4009(b)''.

                  TITLE IV--TROOPS-TO-TEACHERS PROGRAM

SEC. 401. TROOPS-TO-TEACHERS PROGRAM.

  (a) Transfer of Functions.--The responsibility and authority for 
operation and administration of the Troops-to-Teachers Program is 
transferred from the Secretary of Education to the Secretary of 
Defense.
  (b) Enactment and Modification of Program Authority in Title 10, 
United States Code.--
          (1) In general.--Chapter 58 of title 10, United States Code, 
        is amended by adding at the end the following new section:

``Sec. 1154. Assistance to eligible members to obtain employment as 
                    teachers: troops-to-teachers program

  ``(a) Definitions.--In this section:
          ``(1) Program.--The term `Program' means the Troops-to-
        Teachers Program authorized by this section.
          ``(2) Charter school.--The term `charter school' has the 
        meaning given that term in section 5101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7221i).
          ``(3) Member of the armed forces.--The term `member of the 
        Armed Forces' includes a former member of the Armed Forces.
          ``(4) Additional terms.--The terms `elementary school', 
        `local educational agency', `secondary school', and `State' 
        have the meanings given those terms in section 5101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
  ``(b) Program Authorization.--The Secretary of Defense (in this 
section referred to as the `Secretary') may carry out a program (to be 
known as the `Troops-to-Teachers Program')--
          ``(1) to assist eligible members of the armed forces 
        described in subsection (c) to obtain certification or 
        licensing as elementary school teachers, secondary school 
        teachers, or career or technical teachers; and
          ``(2) to facilitate the employment of such members--
                  ``(A) by local educational agencies or public charter 
                schools that the Secretary of Education identifies as--
                          ``(i) receiving grants under subpart 1 of 
                        part A of title I of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 6311 
                        et seq.) as a result of having within their 
                        jurisdictions concentrations of children from 
                        low-income families; or
                          ``(ii) experiencing a shortage of effective 
                        teachers, in particular a shortage of science, 
                        mathematics, special education, or career or 
                        technical teachers; and
                  ``(B) in elementary schools or secondary schools, or 
                as career or technical teachers.
  ``(c) Eligibility and Application Process.--
          ``(1) Eligible members.--The following members of the armed 
        forces are eligible for selection to participate in the 
        Program:
                  ``(A) Any member who--
                          ``(i) on or after October 1, 1999, becomes 
                        entitled to retired or retainer pay under this 
                        title or title 14;
                          ``(ii) has an approved date of retirement 
                        that is within one year after the date on which 
                        the member submits an application to 
                        participate in the Program; or
                          ``(iii) transfers to the Retired Reserve.
                  ``(B) Any member who, on or after January 8, 2002--
                          ``(i)(I) is separated or released from active 
                        duty after 6 or more years of continuous active 
                        duty immediately before the separation or 
                        release; or
                                  ``(II) has completed a total of at 
                                least ten years of active duty service, 
                                10 years of service computed under 
                                section 12732 of this title, or 10 
                                years of any combination of such 
                                service; and
                          ``(ii) executes a reserve commitment 
                        agreement for a period of not less than 3 years 
                        under paragraph (5)(B).
                  ``(C) Any member who, on or after January 8, 2002, is 
                retired or separated for physical disability under 
                chapter 61 of this title.
          ``(2) Submittal of applications.--(A) Selection of eligible 
        members of the armed forces to participate in the Program shall 
        be made on the basis of applications submitted to the 
        Secretary. An application shall be in such form as the 
        Secretary may require.
          ``(B) An application may be considered to be submitted on a 
        timely basis under subparagraph (A)(i), (B), or (C) of 
        paragraph (1) if the application is submitted not later than 4 
        years after the date on which the member is retired or 
        separated or released from active duty, whichever applies to 
        the member.
          ``(3) Selection criteria; educational background requirements 
        and honorable service requirement.--(A) Subject to 
        subparagraphs (B) and (C), the Secretary shall prescribe the 
        criteria to be used to select eligible members of the armed 
        forces to participate in the Program.
          ``(B)(i) If a member of the armed forces is applying for 
        assistance for placement as an elementary school or secondary 
        school teacher, the Secretary shall require the member to have 
        received a baccalaureate or advanced degree from an accredited 
        institution of higher education.
          ``(ii) If a member of the armed forces is applying for 
        assistance for placement as a career or technical teacher, the 
        Secretary shall require the member--
                  ``(I) to have received the equivalent of one year of 
                college from an accredited institution of higher 
                education or the equivalent in military education and 
                training as certified by the Department of Defense; or
                  ``(II) to otherwise meet the certification or 
                licensing requirements for a career or technical 
                teacher in the State in which the member seeks 
                assistance for placement under the Program.
          ``(iii) A member of the armed forces is eligible to 
        participate in the Program only if the member's last period of 
        service in the armed forces was honorable, as characterized by 
        the Secretary concerned. A member selected to participate in 
        the Program before the retirement of the member or the 
        separation or release of the member from active duty may 
        continue to participate in the Program after the retirement, 
        separation, or release only if the member's last period of 
        service is characterized as honorable by the Secretary 
        concerned.
          ``(4) Selection priorities.--In selecting eligible members of 
        the armed forces to receive assistance under the Program, the 
        Secretary shall give priority to members who--
                  ``(A) have educational or military experience in 
                science, mathematics, special education, or career and 
                technical subjects; and
                  ``(B) agree to seek employment as science, 
                mathematics, or special education teachers in 
                elementary schools or secondary schools or in other 
                schools under the jurisdiction of a local educational 
                agency.
          ``(5) Other conditions on selection.--(A) The Secretary may 
        not select an eligible member of the armed forces to 
        participate in the Program and receive financial assistance 
        unless the Secretary has sufficient appropriations for the 
        Program available at the time of the selection to satisfy the 
        obligations to be incurred by the United States under 
        subsection (d) with respect to the member.
          ``(B) The Secretary may not select an eligible member of the 
        armed forces described in paragraph (1)(B)(i) to participate in 
        the Program under this section and receive financial assistance 
        under subsection (d) unless the member executes a written 
        agreement to serve as a member of the Selected Reserve of a 
        reserve component of the armed forces for a period of not less 
        than 3 years (in addition to any other reserve commitment the 
        member may have).
  ``(d) Participation Agreement and Financial Assistance.--
          ``(1) Participation agreement.--(A) An eligible member of the 
        armed forces selected to participate in the Program under 
        subsection (c) and receive financial assistance under this 
        subsection shall be required to enter into an agreement with 
        the Secretary in which the member agrees--
                  ``(i) within such time as the Secretary may require, 
                to obtain certification or licensing as an elementary 
                school teacher, secondary school teacher, or career and 
                technical teacher; and
                  ``(ii) to accept an offer of full-time employment 
                beginning the school year after obtaining such 
                certification or licensing as an elementary school 
                teacher, secondary school teacher, or career and 
                technical teacher for not less than three school years 
                with a local educational agency receiving grants under 
                subpart 1 of part A of title I of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C.6311 et seq.) 
                or a public charter school.
          ``(B) The Secretary may waive the three-year commitment 
        described in subparagraph (A)(ii) for a participant if the 
        Secretary determines the waiver to be appropriate. If the 
        Secretary provides the waiver, the participant shall not be 
        considered to be in violation of the agreement and shall not be 
        required to provide reimbursement under subsection (e), for 
        failure to meet the three-year commitment.
          ``(2) Violation of participation agreement; exceptions.--A 
        participant in the Program shall not be considered to be in 
        violation of the participation agreement entered into under 
        paragraph (1) during any period in which the participant--
                  ``(A) is pursuing a full-time course of study related 
                to the field of teaching at an institution of higher 
                education;
                  ``(B) is serving on active duty as a member of the 
                armed forces;
                  ``(C) is temporarily totally disabled for a period of 
                time not to exceed 3 years as established by sworn 
                affidavit of a qualified physician;
                  ``(D) is unable to secure employment for a period not 
                to exceed 12 months by reason of the care required by a 
                spouse who is disabled;
                  ``(E) is an effective teacher who is seeking and 
                unable to find full-time employment as a teacher in an 
                elementary school or secondary school or as a career 
                and technical teacher for a single period not to exceed 
                27 months; or
                  ``(F) satisfies such other criteria as may be 
                prescribed by the Secretary.
          ``(3) Stipend for participants.--(A) Subject to subparagraph 
        (B), the Secretary may pay to a participant in the Program 
        selected under this section a stipend in an amount of not more 
        than $5,000.
          ``(B) The total number of stipends that may be paid under 
        subparagraph (A) in any fiscal year may not exceed 5,000.
          ``(4) Bonus for participants.--(A) Subject to subparagraph 
        (B), the Secretary may, in lieu of paying a stipend under 
        paragraph (3), pay a bonus of $10,000 to a participant in the 
        Program selected under this section who agrees in the 
        participation agreement under paragraph (1) to accept full-time 
        employment as an elementary school teacher, secondary school 
        teacher, or career and technical teacher for not less than 3 
        school years in a high-need school.
          ``(B) The total number of bonuses that may be paid under 
        subparagraph (A) in any fiscal year may not exceed 3,000.
          ``(C) For purposes of subparagraph (A), the term `high-need 
        school' means a public elementary school, public secondary 
        school, or public charter school that meets one or more of the 
        following criteria:
                  ``(i) At least 50 percent of the students enrolled in 
                the school were from low-income families (as described 
                in subsection (b)(2)(A)(i)).
                  ``(ii) The school has a large percentage of students 
                who qualify for assistance under part B of the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1411 et seq.).
          ``(5) Treatment of stipend and bonus.--A stipend or bonus 
        paid under this subsection to a participant in the Program 
        shall be taken into account in determining the eligibility of 
        the participant for Federal student financial assistance 
        provided under title IV of the Higher Education Act of 1965 (20 
        U.S.C. 1070 et seq.).
  ``(e) Reimbursement Under Certain Circumstances.--
          ``(1) Reimbursement required.--A participant in the Program 
        who is paid a stipend or bonus under subsection (d) shall be 
        required to repay the stipend or bonus under the following 
        circumstances:
                  ``(A) The participant fails to obtain teacher 
                certification or licensing or to obtain employment as 
                an elementary school teacher, secondary school teacher, 
                or career and technical teacher as required by the 
                participation agreement under subsection (d)(1).
                  ``(B) The participant voluntarily leaves, or is 
                terminated for cause from, employment as an elementary 
                school teacher, secondary school teacher, or career and 
                technical teacher during the 3 years of required 
                service in violation of the participation agreement.
                  ``(C) The participant executed a written agreement 
                with the Secretary concerned under subsection (c)(5)(B) 
                to serve as a member of a reserve component of the 
                armed forces for a period of 3 years and fails to 
                complete the required term of service.
          ``(2) Amount of reimbursement.--A participant required to 
        reimburse the Secretary for a stipend or bonus paid to the 
        participant under subsection (d) shall pay an amount that bears 
        the same ratio to the amount of the stipend or bonus as the 
        unserved portion of required service bears to the three years 
        of required service. Any amount owed by the participant shall 
        bear interest at the rate equal to the highest rate being paid 
        by the United States on the day on which the reimbursement is 
        determined to be due for securities having maturities of 90 
        days or less and shall accrue from the day on which the 
        participant is first notified of the amount due.
          ``(3) Treatment of obligation.--The obligation to reimburse 
        the Secretary under this subsection is, for all purposes, a 
        debt owing the United States. A discharge in bankruptcy under 
        title 11 shall not release a participant from the obligation to 
        reimburse the Secretary under this subsection.
          ``(4) Exceptions to reimbursement requirement.--A participant 
        shall be excused from reimbursement under this subsection if 
        the participant becomes permanently totally disabled as 
        established by sworn affidavit of a qualified physician. The 
        Secretary may also waive the reimbursement in cases of extreme 
        hardship to the participant, as determined by the Secretary.
  ``(f) Relationship to Educational Assistance Under Montgomery GI 
Bill.--The receipt by a participant in the Program of a stipend or 
bonus under this subsection (d) shall not reduce or otherwise affect 
the entitlement of the participant to any benefits under chapter 30 or 
33 of title 38 or chapter 1606 of this title.
  ``(g) Participation by States.--
          ``(1) Discharge of state activities through consortia of 
        states.--The Secretary may permit States participating in the 
        Program to carry out activities authorized for such States 
        under the Program through one or more consortia of such States.
          ``(2) Assistance to states.--(A) Subject to subparagraph (B), 
        the Secretary may make grants to States participating in the 
        Program, or to consortia of such States, in order to permit 
        such States or consortia of States to operate offices for 
        purposes of recruiting eligible members of the armed forces for 
        participation in the Program and facilitating the employment of 
        participants in the Program as elementary school teachers, 
        secondary school teachers, and career and technical teachers.
          ``(B) The total amount of grants made under subparagraph (A) 
        in any fiscal year may not exceed $5,000,000.
  ``(h) Counseling and Referral Services.--The Secretary may provide 
counseling and referral services to members of the Armed Forces who 
meet the criteria described in subsection (c), including those members 
who are not eligible for assistance under paragraphs (3) and (4) of 
subsection (d).''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 58 of such title is amended by adding at 
        the end the following new item:

``1154. Assistance to eligible members to obtain employment as 
teachers: Troops-to-Teachers Program.''.

          (3) Conforming amendment.--Section 1142(b)(4)(C) of such 
        title is amended by striking ``under sections 1152 and 1153 of 
        this title and the Troops-to-Teachers Program under section 
        2302 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6672)'' and inserting ``under sections 1152, 1153, and 
        1154 of this title''.

                            TITLE V--REPEAL

SEC. 501. REPEAL OF TITLE VI.

  The Act is amended by striking title VI (20 U.S.C. 7301 et seq.).

                      TITLE VI--HOMELESS EDUCATION

SEC. 601. STATEMENT OF POLICY.

  Section 721 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11431) is amended--
          (1) by amending paragraph (2) to read as follows:
          ``(2) In any State where compulsory residency requirements or 
        other requirements, laws, regulations, practices, or policies 
        may act as a barrier to the identification, enrollment, 
        attendance, or success in school of homeless children and 
        youths, the State and local educational agencies will review 
        and undertake steps to revise such laws, regulations, 
        practices, or policies to ensure that homeless children and 
        youths are afforded the same free, appropriate public education 
        as is provided to other children and youths.'';
          (2) in paragraph (3), by striking ``alone''; and
          (3) in paragraph (4), by striking ``challenging State student 
        academic achievement'' and inserting ``State academic''.

SEC. 602. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF 
                    HOMELESS CHILDREN AND YOUTHS.

  Section 722 of such Act (42 U.S.C. 11432) is amended--
          (1) in subsection (a), by striking ``(g).'' and inserting 
        ``(h).'';
          (2) by striking subsection (b);
          (3) in subsection (c)--
                  (A) in paragraph (1)(A)--
                          (i) in clause (i), by adding ``or'' at the 
                        end;
                          (ii) in clause (ii), by striking ``; or'' a 
                        the end and inserting a period; and
                          (iii) by striking clause (iii); and
                  (B) by striking paragraph (3);
          (4) in subsection (d)--
                  (A) in the matter preceding paragraph (1), by 
                striking ``Grants'' and inserting ``Grant funds from a 
                grant made to a State'';
                  (B) by amending paragraph (2) to read as follows:
          ``(2) To provide services and activities to improve the 
        identification of homeless children (including preschool-aged 
        homeless children and youths) that enable such children and 
        youths to enroll in, attend, and succeed in school, or, if 
        appropriate, in preschool programs.'';
                  (C) in paragraph (3), by inserting before the period 
                at the end the following: ``that can sufficiently carry 
                out the duties described in this subtitle'';
                  (D) by amending paragraph (5) to read as follows:
          ``(5) To develop and implement professional development 
        programs for liaisons designated under subsection (g)(1)(J)(ii) 
        and other local educational agency personnel--
                  ``(A) to improve their identification of homeless 
                children and youths; and
                  ``(B) to heighten their awareness of, and capacity to 
                respond to, specific needs in the education of homeless 
                children and youths.''.
          (5) in subsection (e)--
                  (A) in paragraph (1)--
                          (i) by striking ``sums'' and inserting 
                        ``grant funds''; and
                          (ii) by inserting ``a State under subsection 
                        (a) to'' after ``each year to'';
                  (B) in paragraph (2), by striking ``funds made 
                available for State use under this subtitle'' and 
                inserting ``the grant funds remaining after the State 
                educational agency distributes subgrants under 
                paragraph (1)''; and
                  (C) in paragraph (3)--
                          (i) in subparagraph (C)(iv)(II), by striking 
                        ``sections 1111 and 1116'' and inserting 
                        ``section 1111'';
                          (ii) in subparagraph (F)--
                                  (I) in clause (i)--
                                          (aa) in the matter preceding 
                                        subclause (I), by striking ``a 
                                        report'' and inserting ``an 
                                        annual report'';
                                          (bb) by striking ``and'' at 
                                        the end of subclause (II);
                                          (cc) by striking the period 
                                        at the end of subclause (III) 
                                        and inserting ``; and''; and
                                          (dd) by adding at the end the 
                                        following:
                                  ``(IV) the progress the separate 
                                schools are making in helping all 
                                students meet the State academic 
                                standards.''; and
                                  (II) in clause (iii), by striking 
                                ``Not later than 2 years after the date 
                                of enactment of the McKinney-Vento 
                                Homeless Education Assistance 
                                Improvements Act of 2001, the'' and 
                                inserting ``The'';
          (6) by amending subsection (f) to read as follows:
  ``(f) Functions of the Office of Coordinator.--The Coordinator for 
Education of Homeless Children and Youths established in each State 
shall--
          ``(1) gather and make publically available reliable, valid, 
        and comprehensive information on--
                  ``(A) the number of homeless children and youths 
                identified in the State, posted annually on the State 
                educational agency's website;
                  ``(B) the nature and extent of the problems homeless 
                children and youths have in gaining access to public 
                preschool programs and to public elementary schools and 
                secondary schools;
                  ``(C) the difficulties in identifying the special 
                needs and barriers to the participation and achievement 
                of such children and youths;
                  ``(D) any progress made by the State educational 
                agency and local educational agencies in the State in 
                addressing such problems and difficulties; and
                  ``(E) the success of the programs under this subtitle 
                in identifying homeless children and youths and 
                allowing such children and youths to enroll in, attend, 
                and succeed in, school;
          ``(2) develop and carry out the State plan described in 
        subsection (g);
          ``(3) collect data for and transmit to the Secretary, at such 
        time and in such manner as the Secretary may require, a report 
        containing information necessary to assess the educational 
        needs of homeless children and youths within the State, 
        including data necessary for the Secretary to fulfill the 
        responsibilities under section 724(h);
          ``(4) in order to improve the provision of comprehensive 
        education and related support services to homeless children and 
        youths and their families, coordinate and collaborate with--
                  ``(A) educators, including teachers, special 
                education personnel, administrators, and child 
                development and preschool program personnel;
                  ``(B) providers of services to homeless children and 
                youths and their families, including services of public 
                and private child welfare and social services agencies, 
                law enforcement agencies, juvenile and family courts, 
                agencies providing mental health services, domestic 
                violence agencies, child care providers, runaway and 
                homeless youth centers, and providers of services and 
                programs funded under the Runaway and Homeless Youth 
                Act (42 U.S.C. 5701 et seq.);
                  ``(C) providers of emergency, transitional, and 
                permanent housing to homeless children and youths, and 
                their families, including public housing agencies, 
                shelter operators, operators of transitional housing 
                facilities, and providers of transitional living 
                programs for homeless youths;
                  ``(D) local educational agency liaisons designated 
                under subsection (g)(1)(J)(ii) for homeless children 
                and youths; and
                  ``(E) community organizations and groups representing 
                homeless children and youths and their families;
          ``(5) provide technical assistance to local educational 
        agencies, in coordination with local educational agency 
        liaisons designated under subsection (g)(1)(J)(ii), to ensure 
        that local educational agencies comply with the requirements of 
        subsection (e)(3), paragraphs (3) through (7) of subsection 
        (g), and subsection (h);
          ``(6) provide professional development opportunities for 
        local educational agency personnel and the homeless liaison 
        designated under subsection (g)(1)(J)(ii) to assist such 
        personnel in meeting the needs of homeless children and youths; 
        and
          ``(7) respond to inquiries from parents and guardians of 
        homeless children and youths and unaccompanied youths to ensure 
        that each child or youth who is the subject of such an inquiry 
        receives the full protections and services provided by this 
        subtitle.'';
          (7) by amending subsection (g) to read as follows:
  ``(g) State Plan.--
          ``(1) In general.--In order to be eligible to receive a grant 
        under this section, each State educational agency shall submit 
        to the Secretary a plan to provide for the education of 
        homeless children and youths within the State that includes the 
        following:
                  ``(A) A description of how such children and youths 
                are (or will be) given the opportunity to meet the same 
                State academic standards that all students are expected 
                to meet.
                  ``(B) A description of the procedures the State 
                educational agency will use to identify such children 
                and youths in the State and to assess their needs.
                  ``(C) A description of procedures for the prompt 
                resolution of disputes regarding the educational 
                placement of homeless children and youths.
                  ``(D) A description of programs for school personnel 
                (including liaisons, school leaders, attendance 
                officers, teachers, enrollment personnel, and 
                specialized instructional support personnel) to 
                heighten the awareness of such personnel of the 
                specific needs of homeless adolescents, including 
                runaway and homeless youths.
                  ``(E) A description of procedures that ensure that 
                homeless children and youths who meet the relevant 
                eligibility criteria are able to participate in 
                Federal, State, or local nutrition programs.
                  ``(F) A description of procedures that ensure that--
                          ``(i) homeless children have equal access to 
                        public preschool programs, administered by the 
                        State educational agency or local educational 
                        agency, as provided to other children in the 
                        State;
                          ``(ii) homeless youths and youths separated 
                        from public schools are identified and accorded 
                        equal access to appropriate secondary education 
                        and support services; and
                          ``(iii) homeless children and youth who meet 
                        the relevant eligibility criteria are able to 
                        participate in Federal, State, or local 
                        education programs.
                  ``(G) Strategies to address problems identified in 
                the report provided to the Secretary under subsection 
                (f)(3).
                  ``(H) Strategies to address other problems with 
                respect to the education of homeless children and 
                youths, including problems resulting from enrollment 
                delays that are caused by--
                          ``(i) immunization and other health records 
                        requirements;
                          ``(ii) residency requirements;
                          ``(iii) lack of birth certificates, school 
                        records, or other documentation;
                          ``(iv) guardianship issues; or
                          ``(v) uniform or dress code requirements.
                  ``(I) A demonstration that the State educational 
                agency and local educational agencies in the State have 
                developed, and shall review and revise, polices to 
                remove barriers to the identification, enrollment, and 
                retention of homeless children and youths in schools in 
                the State.
                  ``(J) Assurances that the following will be carried 
                out:
                          ``(i) The State educational agency and local 
                        educational agencies in the State will adopt 
                        policies and practices to ensure that homeless 
                        children and youths are not stigmatized or 
                        segregated on the basis of their status as 
                        homeless.
                          ``(ii) Local educational agencies will 
                        designate an appropriate staff person, who may 
                        also be a coordinator for other Federal 
                        programs, as a local educational agency liaison 
                        for homeless children and youths, to carry out 
                        the duties described in paragraph (6)(A).
                          ``(iii) The State and its local educational 
                        agencies will adopt policies and practices to 
                        ensure that transportation is provided, at the 
                        request of the parent or guardian (or in the 
                        case of an unaccompanied youth, the liaison), 
                        to and from the school of origin, as determined 
                        in paragraph (3)(A), in accordance with the 
                        following, as applicable:
                                  ``(I) If the child or youth continues 
                                to live in the area served by the local 
                                educational agency in which the school 
                                of origin is located, the child's or 
                                youth's transportation to and from the 
                                school of origin shall be provided or 
                                arranged by the local educational 
                                agency in which the school of origin is 
                                located.
                                  ``(II) If the child's or youth's 
                                living arrangements in the area served 
                                by the local educational agency of 
                                origin terminate and the child or 
                                youth, though continuing his or her 
                                education in the school of origin, 
                                begins living in an area served by 
                                another local educational agency, the 
                                local educational agency of origin and 
                                the local educational agency in which 
                                the child or youth is living shall 
                                agree upon a method to apportion the 
                                responsibility and costs for providing 
                                the child with transportation to and 
                                from the school of origin. If the local 
                                educational agencies are unable to 
                                agree upon such method, the 
                                responsibility and costs for 
                                transportation shall be shared equally.
          ``(2) Compliance.--
                  ``(A) In general.--Each plan adopted under this 
                subsection shall also describe how the State will 
                ensure that local educational agencies in the State 
                will comply with the requirements of paragraphs (3) 
                through (7).
                  ``(B) Coordination.--Such plan shall indicate what 
                technical assistance the State will furnish to local 
                educational agencies and how compliance efforts will be 
                coordinated with the local educational agency liaisons 
                designated under paragraph (1)(J)(ii).
          ``(3) Local educational agency requirements.--
                  ``(A) In general.--The local educational agency 
                serving each child or youth to be assisted under this 
                subtitle shall, according to the child's or youth's 
                best interest--
                          ``(i) continue the child's or youth's 
                        education in the school of origin for the 
                        duration of homelessness--
                                  ``(I) in any case in which a family 
                                becomes homeless between academic years 
                                or during an academic year; or
                                  ``(II) for the remainder of the 
                                academic year, if the child or youth 
                                becomes permanently housed during an 
                                academic year; or
                          ``(ii) enroll the child or youth in any 
                        public school that nonhomeless students who 
                        live in the attendance area in which the child 
                        or youth is actually living are eligible to 
                        attend.
                  ``(B) School stability.--In determining the best 
                interest of the child or youth under subparagraph (A), 
                the local educational agency shall--
                          ``(i) presume that keeping the child or youth 
                        in the school of origin is in the child or 
                        youth's best interest, except when doing so is 
                        contrary to the wishes of the child's or 
                        youth's parent or guardian, or the 
                        unaccompanied youth;
                          ``(ii) consider student-centered factors 
                        related to the child's or youth's best 
                        interest, including factors related to the 
                        impact of mobility on achievement, education, 
                        health, and safety of homeless children and 
                        youth, giving priority to the wishes of the 
                        homeless child's or youth's parent of guardian 
                        or the unaccompanied youth involved;
                          ``(iii) if, after conducting the best 
                        interest determination based on consideration 
                        of the presumption in clause (i) and the 
                        student-centered factors in clause (ii), the 
                        local educational agency determines that it is 
                        not in the child's or youth's best interest to 
                        attend the school of origin or the school 
                        requested by the parent, guardian, or 
                        unaccompanied youth, provide the child's or 
                        youth's parent or guardian or the unaccompanied 
                        youth with a written explanation of the reasons 
                        for its determination, in a manner and form 
                        understandable to such parent, guardian, or 
                        unaccompanied youth, including information 
                        regarding the right to appeal under 
                        subparagraph (E); and
                          ``(iv) in the case of an unaccompanied youth, 
                        ensure that the homeless liaison designated 
                        under paragraph (1)(J)(ii) assists in placement 
                        or enrollment decisions under this 
                        subparagraph, gives priority to the views of 
                        such unaccompanied youth, and provides notice 
                        to such youth of the right to appeal under 
                        subparagraph (E).
                  ``(C) Enrollment.--
                          ``(i) In general.--The school selected in 
                        accordance with this paragraph shall 
                        immediately enroll the homeless child or youth, 
                        even if the child or youth--
                                  ``(I) is unable to produce records 
                                normally required for enrollment, such 
                                as previous academic records, records 
                                of immunization and other required 
                                health records, proof of residency, or 
                                other documentation; or
                                  ``(II) has missed application or 
                                enrollment deadlines during any period 
                                of homelessness.
                          ``(ii) Relevant academic records.--The 
                        enrolling school shall immediately contact the 
                        school last attended by the child or youth to 
                        obtain relevant academic and other records.
                          ``(iii) Relevant health records.--If the 
                        child or youth needs to obtain immunizations or 
                        other required health records, the enrolling 
                        school shall immediately refer the parent or 
                        guardian of the child or youth, or the 
                        unaccompanied child or youth, to the local 
                        educational agency liaison designated under 
                        paragraph (1)(J)(ii), who shall assist in 
                        obtaining necessary immunizations or 
                        screenings, or immunization or other required 
                        health records, in accordance with subparagraph 
                        (D).
                          ``(iv) No liability.--Whenever the school 
                        selected enrolls an unaccompanied youth in 
                        accordance with this paragraph, no liability 
                        shall be imposed upon the school by reason of 
                        enrolling the youth without parent or guardian 
                        consent.
                  ``(D) Records.--Any record ordinarily kept by the 
                school, including immunization or other required health 
                records, academic records, birth certificates, 
                guardianship records, and evaluations for special 
                services or programs, regarding each homeless child or 
                youth shall be maintained--
                          ``(i) so that the records involved are 
                        available, in a timely fashion, when a child or 
                        youth enters a new school or school district; 
                        and
                          ``(ii) in a manner consistent with section 
                        444 of the General Education Provisions Act (20 
                        U.S.C. 1232g).
                  ``(E) Enrollment disputes.--If a dispute arises over 
                school selection or enrollment in a school--
                          ``(i) the child or youth shall be immediately 
                        enrolled in the school in which enrollment is 
                        sought, pending final resolution of the 
                        dispute, including all available appeals;
                          ``(ii) the parent, guardian, or unaccompanied 
                        youth shall be provided with a written 
                        explanation of any decisions made by the 
                        school, the local educational agency, or the 
                        State educational agency involved, including 
                        the rights of the parent, guardian, or youth to 
                        appeal such decisions;
                          ``(iii) the parent, guardian, or 
                        unaccompanied youth shall be referred to the 
                        local educational agency liaison designated 
                        under paragraph (1)(J)(ii), who shall carry out 
                        the dispute resolution process as described in 
                        paragraph (1)(C) as expeditiously as possible 
                        after receiving notice of the dispute; and
                          ``(iv) in the case of an unaccompanied youth, 
                        the liaison shall ensure that the youth is 
                        immediately enrolled in school in which the 
                        youth seeks enrollment pending resolution of 
                        such dispute.
                  ``(F) Placement choice.--The choice regarding 
                placement shall be made regardless of whether the child 
                or youth lives with the homeless parents or has been 
                temporarily placed elsewhere.
                  ``(G) School of origin defined.--
                          ``(i) In general.--In this paragraph, the 
                        term `school of origin' means the school that a 
                        child or youth attended when permanently housed 
                        or the school in which the child or youth was 
                        last enrolled.
                          ``(ii) Receiving school.--When the child or 
                        youth completes the final grade level served by 
                        the school of origin, as described in clause 
                        (i), the term ``school of origin'' shall 
                        include the designated receiving school at the 
                        next grade level for all feeder schools.
                  ``(H) Contact information.--Nothing in this subtitle 
                shall prohibit a local educational agency from 
                requiring a parent or guardian of a homeless child to 
                submit contact information.
                  ``(I) Privacy.--Information about a homeless child's 
                or youth's living situation shall be treated as a 
                student education record under section 444 of the 
                General Education Provisions Act (20 U.S.C. 1232g) and 
                shall not be released to housing providers, employers, 
                law enforcement personnel, or other persons or agencies 
                not authorized to have such information under section 
                99.31 of title 34, Code of Federal Regulations.
                  ``(J) Academic achievement.--The school selected in 
                accordance with this paragraph shall ensure that 
                homeless children and youth have opportunities to meet 
                the same State academic standards to which other 
                students are held.
          ``(4) Comparable services.--Each homeless child or youth to 
        be assisted under this subtitle shall be provided services 
        comparable to services offered to other students in the school 
        selected under paragraph (3), including the following:
                  ``(A) Transportation services.
                  ``(B) Educational services for which the child or 
                youth meets the eligibility criteria, such as services 
                provided under title I of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6301 et seq.) or 
                similar State or local programs, educational programs 
                for children with disabilities, and educational 
                programs for English learners.
                  ``(C) Programs in career and technical education.
                  ``(D) Programs for gifted and talented students.
                  ``(E) School nutrition programs.
          ``(5) Coordination.--
                  ``(A) In general.--Each local educational agency 
                serving homeless children and youths that receives 
                assistance under this subtitle shall coordinate--
                          ``(i) the provision of services under this 
                        subtitle with local social services agencies 
                        and other agencies or entities providing 
                        services to homeless children and youths and 
                        their families, including services and programs 
                        funded under the Runaway and Homeless Youth Act 
                        (42 U.S.C. 5701 et seq.); and
                          ``(ii) transportation, transfer of school 
                        records, and other interdistrict activities, 
                        with other local educational agencies.
                  ``(B) Housing assistance.--If applicable, each State 
                educational agency and local educational agency that 
                receives assistance under this subtitle shall 
                coordinate with State and local housing agencies 
                responsible for developing the comprehensive housing 
                affordability strategy described in section 105 of the 
                Cranston-Gonzalez National Affordable Housing Act (42 
                U.S.C. 12705) to minimize educational disruption for 
                children and youths who become homeless.
                  ``(C) Coordination purpose.--The coordination 
                required under subparagraphs (A) and (B) shall be 
                designed to--
                          ``(i) ensure that all homeless children and 
                        youths are promptly identified;
                          ``(ii) ensure that homeless children and 
                        youths have access to, and are in reasonable 
                        proximity to, available education and related 
                        support services; and
                          ``(iii) raise the awareness of school 
                        personnel and service providers of the effects 
                        of short-term stays in a shelter and other 
                        challenges associated with homelessness.
                  ``(D) Homeless children and youths with 
                disabilities.--For children and youth who are to be 
                assisted both under this subtitle, and under the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1400 et seq.) or section 504 of the Rehabilitation Act 
                of 1973 (29 U.S.C. 794), each local educational agency 
                shall coordinate the provision of services under this 
                subtitle with the provision of programs for children 
                with disabilities served by that local educational 
                agency and other involved local educational agencies.
          ``(6) Local educational agency liaison.--
                  ``(A) Duties.--Each local educational agency liaison 
                for homeless children and youths, designated under 
                paragraph (1)(J)(ii), shall ensure that--
                          ``(i) homeless children and youths are 
                        identified by school personnel through outreach 
                        and coordination activities with other entities 
                        and agencies;
                          ``(ii) homeless children and youths are 
                        enrolled in, and have a full and equal 
                        opportunity to succeed in, schools of that 
                        local educational agency;
                          ``(iii) homeless families, children, and 
                        youths have access to and receive educational 
                        services for which such families, children, and 
                        youths are eligible, including services through 
                        Head Start, Early Head Start, early 
                        intervention, and preschool programs 
                        administered by the local educational agency;
                          ``(iv) homeless families, children, and 
                        youths receive referrals to health care 
                        services, dental services, mental health and 
                        substances abuse services, housing services, 
                        and other appropriate services;
                          ``(v) the parents or guardians of homeless 
                        children and youths are informed of the 
                        educational and related opportunities available 
                        to their children and are provided with 
                        meaningful opportunities to participate in the 
                        education of their children;
                          ``(vi) public notice of the educational 
                        rights of homeless children and youths is 
                        disseminated in locations frequented by parents 
                        or guardians of such children and youths, and 
                        unaccompanied youths, including schools, 
                        shelters, public libraries, and soup kitchens 
                        in a manner and form understandable to the 
                        parents and guardians of homeless children and 
                        youths, and unaccompanied youths;
                          ``(vii) enrollment disputes are mediated in 
                        accordance with paragraph (3)(E);
                          ``(viii) the parent or guardian of a homeless 
                        child or youth, and any unaccompanied youth, is 
                        fully informed of all transportation services, 
                        including transportation to the school of 
                        origin, as described in paragraph (1)(J)(iii), 
                        and is assisted in accessing transportation to 
                        the school that is selected under paragraph 
                        (3)(A);
                          ``(ix) school personnel providing services 
                        under this subtitle receive professional 
                        development and other support; and
                          ``(x) unaccompanied youths--
                                  ``(I) are enrolled in school;
                                  ``(II) have opportunities to meet the 
                                same State academic standards to which 
                                other students are held, including 
                                through implementation of the policies 
                                and practices required by paragraph 
                                (1)(F)(ii); and
                                  ``(III) are informed of their status 
                                as independent students under section 
                                480 of the Higher Education Act of 1965 
                                (20 U.S.C. 1087vv) and receive 
                                verification of such status for 
                                purposes of the Free Application for 
                                Federal Student Aid described in 
                                section 483 of such Act (20 U.S.C. 
                                1090).
                  ``(B) Notice.--State coordinators established under 
                subsection (d)(3) and local educational agencies shall 
                inform school personnel, service providers, advocates 
                working with homeless families, parents and guardians 
                of homeless children and youths, and homeless children 
                and youths of the duties of the local educational 
                agency liaisons, including publishing an annually 
                updated list of the liaisons on the State educational 
                agency's website.
                  ``(C) Local and state coordination.--Local 
                educational agency liaisons for homeless children and 
                youths shall, as a part of their duties, coordinate and 
                collaborate with State coordinators and community and 
                school personnel responsible for the provision of 
                education and related services to homeless children and 
                youths. Such coordination shall include collecting and 
                providing to the State Coordinator the reliable, valid, 
                and comprehensive data needed to meet the requirements 
                of paragraphs (1) and (3) of subsection (f).
          ``(7) Review and revisions.--
                  ``(A) In general.--Each State educational agency and 
                local educational agency that receives assistance under 
                this subtitle shall review and revise any policies that 
                may act as barriers to the enrollment of homeless 
                children and youths in schools that are selected under 
                paragraph (3).
                  ``(B) Consideration.--In reviewing and revising such 
                policies, consideration shall be given to issues 
                concerning transportation, immunization, residency, 
                birth certificates, school records and other 
                documentation, and guardianship.
                  ``(C) Special attention.--Special attention shall be 
                given to ensuring the enrollment and attendance of 
                homeless children and youths who are not currently 
                attending school.''; and
          (8) in subsection (h)(1)(A), by striking ``fiscal year 
        2009,'' and inserting ``fiscal years 2013 through 2018,''.

SEC. 603. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF 
                    HOMELESS CHILDREN AND YOUTHS.

  Section 723 of such Act (42 U.S.C. 11433) is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1), by striking ``facilitating the 
                enrollment,'' and inserting ``facilitating the 
                identification, enrollment,'';
                  (B) in paragraph (2)(A)--
                          (i) by adding ``and'' at the end of clause 
                        (i);
                          (ii) by striking ``; and'' and inserting a 
                        period at the end of clause (ii); and
                          (iii) by striking clause (iii); and
                  (C) by adding at the end the following:
          ``(4) Duration of grants.--Subgrants awarded under this 
        section shall be for terms of not to exceed 3 years.'';
          (2) in subsection (b)--
                  (A) by striking paragraph (3) and redesignating 
                paragraphs (4) and (5) as paragraphs (3) and (4), 
                respectively; and
                  (B) by adding at the end the following:
          ``(5) An assurance that the local educational agency will 
        collect and promptly provide data requested by the State 
        Coordinator pursuant to paragraphs (1) and (3) of section 
        722(f).
          ``(6) An assurance that the local educational agency has 
        removed barriers to complying with the requirements of section 
        722(g)(1)(I).'';
          (3) in subsection (c)--
                  (A) in paragraph (1), by striking ``726'' and 
                inserting ``722(a)'';
                  (B) in paragraph (2)--
                          (i) in subparagraph (A), by inserting 
                        ``identification,'' before ``enrollment'';
                          (ii) by amending subparagraph (B) to read as 
                        follows:
                  ``(B) The extent to which the application reflects 
                coordination with other local and State agencies that 
                serve homeless children and youths.''; and
                          (iii) in subparagraph (C), by inserting ``(as 
                        of the date of submission of the application)'' 
                        after ``current practice'';
                  (C) in paragraph (3)--
                          (i) by amending subparagraph (C) to read as 
                        follows:
                  ``(C) The extent to which the applicant will promote 
                meaningful involvement of parents or guardians of 
                homeless children or youths in the education of their 
                children.'';
                          (ii) in subparagraph (D), by striking 
                        ``within'' and inserting ``into'';
                          (iii) in subparagraph (G)--
                                  (I) by striking ``Such'' and 
                                inserting ``The extent to which the 
                                applicant's program meets such''; and
                                  (II) by striking ``case management or 
                                related'';
                          (iv) by redesignating subparagraph (G) as 
                        subparagraph (I) and inserting after 
                        subparagraph (F) the following:
                  ``(G) The extent to which the local educational 
                agency will use the subgrant to leverage resources, 
                including by maximizing nonsubgrant funding for the 
                position of the liaison described in section 
                722(g)(1)(J)(ii) and the provision of transportation.
                  ``(H) How the local educational agency uses funds to 
                serve homeless children and youths under section 
                1113(c)(3) of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6313(c)(3)).''; and
                          (v) by adding at the end the following:
                  ``(J) An assurance that the applicant will meet the 
                requirements of section 722(g)(3).''; and
                  (D) by striking paragraph (4).
          (4) in subsection (d)--
                  (A) in paragraph (1)--
                          (i) by striking ``challenging State academic 
                        content standards'' and inserting ``State 
                        academic standards''; and
                          (ii) by striking ``and challenging State 
                        student academic achievement standards'';
                  (B) in paragraph (2)--
                          (i) by striking ``students with limited 
                        English proficiency,'' and inserting ``English 
                        learners,'' ; and
                          (ii) by striking ``vocational'' and inserting 
                        ``career'';
                  (C) in paragraph (3), by striking ``pupil services'' 
                and inserting ``specialized instructional support'';
                  (D) in paragraph (7), by striking ``, and 
                unaccompanied youths,'' and inserting ``, particularly 
                homeless children and youths who are not enrolled in 
                school,'';
                  (E) in paragraph (9) by striking ``medical'' and 
                inserting ``other required health'';
                  (F) in paragraph (10), by inserting before the period 
                at the end ``, and other activities designed to 
                increase the meaningful involvement of parents or 
                guardians of homeless children or youths in the 
                education of their children'';
                  (G) in paragraph (12), by striking ``pupil'' and 
                inserting ``specialized instructional support''; and
                  (H) in paragraph (13), by inserting before the period 
                at the end ``and parental mental health or substance 
                abuse problems''.

SEC. 604. SECRETARIAL RESPONSIBILITIES.

  Section 724 of such Act (42 U.S.C. 11434) is amended--
          (1) by amending subsection (c) to read as follows:
  ``(c) Notice.--
          ``(1) In general.--The Secretary shall, before the next 
        school year that begins after the date of the enactment of the 
        Encouraging Innovation and Effective Teachers Act, update and 
        disseminate nationwide the public notice described in this 
        subsection (as in effect prior to such date) of the educational 
        rights of homeless children and youths.
          ``(2) Dissemination.--The Secretary shall disseminate the 
        notice nationally to all Federal agencies, program grantees, 
        and grant recipients serving homeless families, children, and 
        youths.'';
          (2) in subsection (d), by striking ``and dissemination'' and 
        inserting ``, dissemination, and technical assistance'';
          (3) in subsection (e)--
                  (A) by striking ``this subtitle'' and inserting 
                ``section 722'';
                  (B) by striking ``60-day'' and inserting ``120-day''; 
                and
                  (C) by striking ``120-day'' and inserting ``180-
                day'';
          (4) in subsection (f), by adding at the end the following: 
        ``The Secretary shall provide support and technical assistance 
        to State educational agencies in areas in which barriers to a 
        free appropriate public education persist.'';
          (5) by amending subsection (g) to read as follows:
  ``(g) Guidelines.--The Secretary shall develop, issue, and publish in 
the Federal Register, not later than 60 days after the date of the 
enactment of the Encouraging Innovation and Effective Teachers Act, 
strategies by which a State--
          ``(1) may assist local educational agencies to implement the 
        provisions amended by the Act; and
          ``(2) can review and revise State policies and procedures 
        that may present barriers to the identification, enrollment, 
        attendance, and success of homeless children and youths in 
        school.'';
          (6) in subsection (h)(1)(A), by inserting ``in all areas 
        served by local educational agencies'' before the semicolon at 
        the end; and
          (7) in subsection (i), by striking ``McKinney-Vento Homeless 
        Education Assistance Improvements Act of 2001'' and inserting 
        ``Encouraging Innovation and Effective Teachers Act''.

SEC. 605. DEFINITIONS.

  Section 725 of such Act (42 U.S.C. 11434a) is amended--
          (1) in paragraph (2)(B)(iv), by striking ``1309'' and 
        inserting ``1139'' and
          (2) in paragraph (3), by striking ``9101'' and inserting 
        ``5101''

SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

  Section 726 of such Act (42 U.S.C. 11435) is amended to read as 
follows:

``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

  ``(a) In General.--For the purpose of carrying out this subtitle, 
there are authorized to be appropriated $65,173,000 for fiscal year 
2013.
  ``(b) Out Years.--The amount authorized under 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.''.

      H.R. 3990, ENCOURAGING INNOVATION AND EFFECTIVE TEACHERS ACT

                            COMMITTEE REPORT

                                Purpose

    H.R. 3990, the Encouraging Innovation and Effective 
Teachers Act, amends the Elementary and Secondary Education Act 
to encourage states and school districts to identify, recruit, 
and retain the teachers who have the most talent for improving 
student achievement and provide state and local leaders with 
the freedom to direct federal resources to the programs that 
best serve their student populations. The Encouraging 
Innovation and Effective Teachers Act will reduce burdensome 
federal mandates and regulations, grant states and school 
districts opportunities to innovate, and support more effective 
teachers in the classroom.

                            Committee Action

    H.R. 3990 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 the federal investment in 
education 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, 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 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.

                             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 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 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.
    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.

                             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 Sanchez, 
Assistant Superintendent for Curriculum and Instruction, San 
Bernardino County Superintendent of Schools, San Bernardino, 
CA; and Ms. Marta Guzman, 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 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, 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. Maria 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.
    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 purpose 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 Darling-Hammond, 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, 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, At-Large, 
Delaware; The Honorable Bob Etheridge, U.S. House of 
Representatives, Second District, North Carolina; The Honorable 
David 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 New York, New York, NY; Mr. Arne 
Duncan, Chief Executive Officer, 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, National Indian Education Association, 
Washington, DC; Mr. Theodore Hamilton, Executive Director, 
Oceti Sakowin Education Consortium, 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.
     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.
    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 
(PRE-K) 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 state-funded 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. Ruben 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.
     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 Raul 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, Seattle, 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 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 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 Gomez, Professor, the University of Texas 
Pan American, Officer, the National Association for Bilingual 
Education, Edinburg, TX; Mr. Andres Henriquez, 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 Elementary 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; 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 best-selling 
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 
Secondary 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 Conca-Cheng, 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. Raul 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-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; 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; 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 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 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 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:
     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. Raul 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. Ruben 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:
     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. 3990, the Encouraging Innovation and Effective 
Teachers Act, offers a new way forward for education reform by:
     Supporting local efforts to measure teacher 
effectiveness.
     Engaging parents in their child's education.
     Increasing state and local innovation to reform 
public education.
     Eliminating unnecessary and ineffective federal 
programs.
     Supporting Impact Aid.
     Providing services for homeless students.
     Strengthening the Troops-to-Teachers program.

Supporting local efforts to measure teacher effectiveness

    The Encouraging Innovation and Effective Teachers Act 
builds on the repeal of the ``highly qualified teacher (HQT)'' 
requirement in the Student Success Act. Parents know the best 
teachers are those who keep students motivated and challenged 
in the classroom. Instead of relying on teacher credentials or 
tenure requirements, which provide little information about 
teachers' ability to help students excel in the classroom, 
states and school districts should have the tools to measure an 
educator's influence on student achievement.
     Teacher Evaluations: The bill rewrites the main 
teacher quality program authorized under Title II of current 
law to support the development and implementation of state and 
locally driven teacher evaluation systems. The bill sets five 
broad parameters that must be included in any teacher 
evaluation system. This gives greater flexibility to school 
districts or states to develop teacher evaluation systems that 
best meet the specific needs of their teachers and students. 
The evaluation systems must:
            Make student achievement data, derived from a 
        variety of sources, a significant part of the 
        evaluation.
            Use multiple measures of evaluation in assessing 
        teacher performance.
            Have more than two rating categories for the 
        performance of teachers.
            Make personnel decisions based on the evaluations, 
        as determined by the school district.
            Seek input from parents, teachers, school leaders, 
        and other staff in the school in developing the 
        evaluation system.
     Uses of Funds: The bill allows states that have 
already developed statewide teacher evaluation systems to use 
teacher quality funds to work with their school districts to 
implement the system. Funds may also be used to train school 
leaders in how to evaluate teachers under the system; provide 
evidence-based, job-embedded, and continuous professional 
development for teachers and school leaders focused on core 
academic subjects or specific student populations; and provide 
additional support to teachers identified as in need of 
additional assistance. States and school districts can also use 
teacher funds for class size reduction, but the bill caps this 
use at 10 percent. A substantial amount of teacher quality 
funds under current law are used to reduce class size, which 
has little to no effect on student learning.
     Teacher and School Leader Innovation: The bill 
consolidates the remaining teacher quality programs, including 
the Teacher Quality Partnership Grant program authorized under 
the Higher Education Act, into a new Teacher and School Leader 
Flexible Grant. The program awards grants to states and school 
districts to increase student achievement through evidence-
based innovative initiatives. School districts, solely or in 
partnership with institutions of higher education and other 
entities, can receive funding to:
            Increase access to or develop alternative 
        certification or licensure routes.
            Recruit, hire, and retain effective teachers.
            Implement performance-based pay systems and 
        differential incentive pay.
            Create teacher advancement and multiple career 
        paths.
            Establish new teacher or school leader induction 
        programs and teacher residency programs.
            Provide additional professional development 
        activities or other evidence-based initiatives likely 
        to increase teacher effectiveness.
     Teacher and School Leader Academies: The bill 
includes an optional state set-aside of up to 3 percent so 
states can award grants to eligible entities for the 
establishment or expansion of teacher or school leader 
preparation academies.
     Teacher Liability: The bill maintains liability 
protections included in current law that protect school 
employees (including teachers, administrators, and school board 
members) acting to control, discipline, expel, or suspend a 
student or to maintain order in the classroom or school through 
reasonable actions.

Engaging parents in their child's education

    The Encouraging Innovation and Effective Teachers Act 
builds on the successful passage of H.R. 2218, the Empowering 
Parents through Quality Charter Schools Act, which supports the 
replication and expansion of high quality charter schools. The 
bill maintains and strengthens the existing Magnet School and 
Parent Information and Resource Center programs, which provide 
states, school districts, and other entities with federal 
support so parents can identify quality options and participate 
in their children's education. The legislation moves these 
programs from the current Title V to a new Title III.
     Magnet Schools: The bill continues to provide 
funds to support the development and implementation of 
innovative education methods and practices that promote 
diversity and increase choices in public education. The 
legislation makes minor changes to improve the operation of the 
program.
     Family Engagement Centers: The bill renames and 
makes improvements to the existing Parental Information and 
Resource Centers (PIRC) program, which helps implement family 
engagement policies, programs, and activities that lead to 
improvements in student academic achievement. It also 
strengthens partnerships among parents, teachers, school 
leaders, administrators, and other school personnel designed to 
meet the educational needs of children. The legislation 
promotes the better sharing of effective strategies and 
increases coordination between states, family engagement 
centers, and parents.

Increasing state and local innovation to reform public education

     State and Local Innovation: The bill creates a new 
Local Academic Flexible Grant to provide funds to states and 
school districts to support initiatives based on their unique 
priorities. While ensuring the funds are spent to increase 
student achievement as part of in-school or after-school 
activities, states and school districts will have maximum 
flexibility to spend their resources on activities authorized 
under state law. Instead of Washington bureaucrats making the 
decisions for superintendents, school leaders, and teachers, 
local officials will be able to make funding decisions based on 
what they know will help improve student learning.
     Private Sector Initiatives: Under the Local 
Academic Flexible Grant, states will reserve 10 percent of 
their funds to support state and local programs that operate 
outside of traditional public school systems. This infusion of 
private sector innovation will support states and districts in 
improving student achievement.

Eliminating unnecessary and ineffective federal programs

     Streamlining Education Spending: Consistent with 
H.R. 1891, the Setting New Priorities in Education Spending 
Act, the bill eliminates more than 70 existing elementary and 
secondary education programs, many of which have never been 
funded, are too small to meaningfully impact student 
achievement, or have been deemed ineffective by the federal 
government. This will restore fiscal discipline and promote a 
more appropriate federal role in education.
     Earmarks: The bill eliminates all of the current 
programs and special provisions targeted to specific national 
organizations to comply with the House earmark ban.

Supporting Impact Aid

    The Encouraging Innovation and Effective Teachers Act 
strengthens the five existing Impact Aid programs, which 
provide direct funding to school districts impacted by the 
presence of the federal government. The programs reimburse 
districts located near, or serving students from, military 
bases, federal lands, and Indian reservations for the loss of 
property taxes. The legislation moves the programs from Title 
VIII of current law to a new Title IV.
     Payments for Federal Property: The bill updates 
the formula by which school district allotments are determined 
for a district with federal property located within its 
boundaries that cannot be taxed. The legislation enables 
alternative verification of tax data for districts that cannot 
provide original tax records, including facsimiles or other 
reproductions of the records. It also establishes an initial 
payment for districts eligible for federal property 
compensation based on 90 percent of the 2006 applications.
     Payments for Federally Connected Children: The 
bill streamlines provisions for Heavily Impacted school 
districts, which are districts with high percentages of 
military, Native American, or other federally connected 
children. The legislation standardizes eligibility criteria for 
these districts at 45 percent enrollment of federally connected 
children, bases per pupil expenditure eligibility requirements 
on state average expenditures rather than national average 
expenditures, and maintains the tax rate requirement for 
eligible districts of at least 95 percent of the average tax 
rate for general fund purposes of comparable districts in the 
state. The bill also allows federally connected children to be 
counted in enrollment numbers in the case of open enrollment 
policies in a state, but does not allow children to be counted 
if they are enrolled in a distance education program located 
outside the boundaries of the district. The bill also provides 
equal prorated payments greater than 100 percent of Learning 
Opportunity Threshold for eligible districts. The bill extends 
from three to four years the timeline for which a district may 
count children relocated to off-base housing due to authorized 
Department of Defense housing renovations and demolitions.
     Timely Payments: The bill requires the Secretary 
to provide Impact Aid payments within three years. This 
addresses long-standing school district concerns regarding the 
lack of on-time payments from the Department of Education.

Providing services for homeless students

    The Encouraging Innovation and Effective Teachers Act 
reauthorizes the McKinney-Vento Homeless Assistance Act, the 
primary federal law that provides funding to states and school 
districts to educate homeless children and youth.
     Improved Collaboration: The bill places a greater 
emphasis on improved identification of homeless children and 
youth, and provides better collaboration and information 
sharing among federal and state agencies to provide services 
for homeless students.
     School Stability: The legislation strengthens 
provisions in current law to provide greater school stability 
and protections for homeless youth and parents.

Strengthening the troops-to-teachers program

     Transfer to DOD: The bill transfers Troops-to-
Teachers, a longstanding program that provides opportunities to 
military personnel to transition into the teaching profession, 
to the Department of Defense, where it is currently 
administered.

                            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 additional resources to ensure 
disadvantaged students have access to a quality education. 
Since that time, the number of federal programs, each with its 
own eligibility and reporting requirements, have grown 
exponentially, providing states and school districts with 
little flexibility in how they can use federal funds to meet 
their own unique needs. The latest iteration of federal 
elementary and secondary education law, the No Child Left 
Behind Act passed in 2001, includes more than 80 K-12 programs. 
Many of these federal education programs overlap and have 
little impact on student achievement. Other programs, created 
decades ago, are outdated and do not reflect current practices 
or priorities from the local, state, or federal level.
    The Committee on Education and the Workforce seeks to 
streamline the maze of federal funding streams, provide 
flexibility in the use of federal funds, and allow states and 
school districts to fund important and innovative practices and 
programs that improve student achievement. The committee is 
also dedicated to rethinking federal teacher policy, which 
emphasizes credentials and tenure over an educator's ability to 
effectively motivate students and improve achievement levels. 
States and school districts should be able to identify, 
recruit, and retain the teachers who have the most talent for 
improving student achievement. H.R. 3990, the Encouraging 
Innovation and Effective Teachers Act, will grant states and 
school districts the freedom to innovate, support effective 
teachers in the classroom, increase parental choice, reduce 
burdensome federal mandates, and protect limited taxpayer 
dollars.

Teacher preparation and effectiveness

    Title I of the Encouraging Innovation and Effective 
Teachers Act restructures and amends Title II of current law, 
and addresses the following major issues:
            Supporting Effective Instruction
    H.R. 3990 rewrites the existing Teacher and Principal 
Training and Recruiting Fund included in Part A of Title II to 
support the development and implementation of teacher 
evaluation systems, refocusing federal teacher policy on 
teacher effectiveness in the classroom. The bill builds on the 
repeal of the ``highly qualified teacher'' requirement in H.R. 
3989, the Student Success Act. Instead of relying on teacher 
credentials or tenure requirements, which provide little 
information about a teacher's ability to help students excel in 
the classroom, the legislation creates a new Supporting 
Effective Instruction program that encourages states and school 
districts to measure an educator's success in increasing 
student achievement. Contrary to the teacher evaluation 
provisions in the Department of Education's Race to the Top 
plan or waiver package (which mandate specific and onerous 
requirements school districts must follow), H.R. 3990 sets five 
broad parameters that must be included in any teacher 
evaluation system:
     Student achievement data, derived from a variety 
of sources, must be a significant part of the evaluation, with 
the weight given to such data defined by the local school 
district.
     States and/or school districts must use multiple 
measures when assessing teacher performance.
     There must be more than two rating categories for 
the performance of teachers.
     Personnel decisions must be based on the 
evaluations, as determined by the school district.
     States and/or school districts must seek input 
from parents, teachers, school leaders, and other staff in the 
school in developing the evaluation system.
    The bill establishes these general, yet important, 
guidelines around the evaluation components, but leaves the 
details of the system up to local school districts. The 
committee takes this approach for two reasons. First, even 
though a number of states and school districts are taking 
proactive steps to redesign their teacher evaluation systems, 
independent research about the best metrics for measuring 
teacher performance remains in its infancy. There is consensus 
at the federal, state, and local levels that many current 
teacher evaluation systems fail to properly measure teacher 
effectiveness and should be retooled to include measurements of 
student achievement. However, school districts need the 
flexibility to determine and define the actual metrics that 
meet the specific needs of their teachers and students, 
especially those educators who teach non-tested subjects. The 
committee believes school districts, and states choosing to 
implement statewide systems, should include student achievement 
metrics from a number of sources in their teacher evaluations. 
These options include end-of-course exams, student coursework, 
formative assessments, and other objective measurements of 
student achievement that cannot be easily manipulated.
    Second, past practice of dictating specific and 
prescriptive requirements at the federal level, such as 
defining what constitutes a highly qualified teacher and 
mandating that only educators who meet these standards can 
teach in the classroom, has been a dismal failure. The federal 
government plays an important, though limited, role in 
education policy decisions. Federal policy should include broad 
parameters and goals for success to ensure taxpayer dollars are 
spent effectively and efficiently. But federal law must allow 
local school districts to determine how best to get there, and 
refrain from imposing overly prescriptive requirements that 
restrict innovation and undermine local control.
    To this end, the committee believes there must be buy-in 
from education stakeholders, including teachers, school 
leaders, and parents, for any teacher evaluation system to be 
effective. During the February 16, 2012 legislative hearing 
entitled, ``H.R. 3989, `Student Success Act' and H.R. 3990, 
`Encouraging Innovation and Effective Teachers Act,''' Felicia 
Kazmier, an art teacher at Otero Elementary School in Colorado 
Springs, CO outlined the reasoning behind this approach. She 
stated:
    ``I believe that what makes our District's system work is 
that all teachers have been given the opportunity to help in 
creating our evaluation system. While I am not a [core 
subjects] classroom teacher, as an Art teacher, I teach the 
entire school. So when it came time to have a say into what my 
evaluation process would look like, I chose the leadership role 
and stepped up to the challenge . . . How can I take issue with 
a system that I myself have been asked to help create?''
    As noted above, the committee also believes teacher 
evaluation systems should be tied to personnel decisions as 
part of a comprehensive effort to identify, support, and reward 
teachers. For example, the systems should be used to make 
personnel decisions involving educator recruitment, hiring, 
placement, retention, compensation, professional development, 
tenure, promotion, and dismissal. At a July 27, 2011 hearing 
entitled, ``Education Reforms: Exploring Teacher Quality 
Initiatives,'' Kevin Huffman, Tennessee Commissioner of 
Education, talked about the importance of looking at teacher 
evaluation systems as a means for ongoing feedback and not a 
simple end-of-the-year assessment of teacher performance. He 
stated:
    ``Because the national conversation has often focused 
primarily on evaluation as a means for removal of ineffective 
teachers, we too often lose sight of the way the vast majority 
of teachers will experience the evaluation system: as a means 
for feedback and professional development, and an opportunity 
to learn from the very best teachers.''
    At the same time, to be meaningful, teacher evaluation 
systems should be used to reward good teachers and remove 
ineffective teachers from the classroom. Too often, misguided 
``last in, first out'' tenure rules are valued over student 
outcomes. Instead of receiving bonuses, promotions, or the 
opportunity to become master teachers, in many states and 
districts the newest teachers are automatically let go, even if 
they are the most effective teachers. School districts should 
have the flexibility to decide how this parameter is 
implemented.
    Overall, as was evident in various hearings the committee 
held in the 112th Congress, states and school districts are 
advancing the important work of developing and implementing 
teacher evaluation systems. In the previously mentioned 
legislative hearing on February 16, 2012, Ms. Kazmier sums up 
the importance of the direction H.R. 3990 takes with respect to 
teacher evaluations, stating:
    ``I am a supporter of the Encouraging Innovation and 
Effective Teachers Act and the direction that the Act is going 
because it requires districts to design teacher evaluation 
systems around broad parameters while giving the districts the 
flexibility they need to create a system that works for their 
needs and the needs of their students and staff.
    When districts make student achievement data a significant 
part of their teacher evaluation process, they help teachers to 
better understand the power of and utilize the information 
gleaned from data itself. When districts use multiple measures 
of evaluation in assessing teacher performance, teachers are 
responsible for two things, their effectiveness in the 
classroom and the results their students produce. When 
districts have more than two rating categories for the 
performance of teachers, it gives the teachers a way to not 
only increase their effectiveness, but also the effectiveness 
of those around them. If teachers believe that they can move up 
the scale through improving the quality of their performance in 
the classroom, achievement scores will improve as well. When 
districts make personnel decisions based on evaluations, they 
are doing so to ensure that students receive the best teaching 
possible provided by the most effective teacher available. In 
our district, if you are a Proficient II teacher or above, you 
can be asked to change schools so as to provide effective 
instruction where it is most needed. When districts seek input 
from parents, teachers, school leaders, and other staff in the 
school in the development of the evaluation system, everyone 
has a stake in the outcome.''
    Because H.R. 3990 requires all states and school districts, 
regardless of their poverty levels, to implement teacher 
evaluation systems, the legislation revises the current 
formula, basing 50 percent of available funds on total student 
population and 50 percent on students in poverty. The committee 
believes that all schools and districts should hold their 
students and teachers to high standards, and that federal 
formula funds should reflect this high expectation without 
bias.
    Under H.R. 3990, Part A funds can also be used for other 
activities. States that have statewide teacher evaluation 
systems in place can use funds to work with their school 
districts to implement the system. Funds may also be used to 
train school leaders in how to evaluate teachers under the 
evaluation system; provide evidence-based, job-embedded, and 
continuous professional development for teachers and schools 
leaders focused on subject-based academic courses (including 
civics, geography, literacy, and STEM), specific student 
populations, or student needs, including the social and 
emotional development needs of all students; provide support to 
teachers identified by the evaluation system as in need of 
additional assistance; and support any other initiatives that 
will assist teachers and school leaders in increasing student 
achievement.
            Class size reduction
    H.R. 3990 caps the use of funds from the Supporting 
Effective Instruction program for class size reduction at 10 
percent. The committee notes that a substantial amount of 
teacher quality funds under current law are used for this 
purpose, which has little to no effect on student learning. At 
a July 27, 2011 hearing entitled, ``Education Reforms: 
Exploring Teacher Quality Initiatives,'' Kate Walsh, President 
of the National Council on Teacher Quality, discusses the 
problems with current law, stating:
    ``The class size reduction and professional development 
programs that consumed the bulk of ESEA Title II funds in the 
past largely continued under NCLB. For 2009-2010, the U.S. 
Department of Education reported that the majority of the funds 
were used for professional development activities (42 percent) 
and to reduce class size (36 percent) Given that research shows 
general reductions in class size are expensive with little or 
no systemic relationship to improvements in student achievement 
and typical professional development programs are poorly 
designed, it is not surprising that Title II has been largely 
ineffective at generating the kinds of teacher reforms most 
likely to make a difference to student achievement. Title II 
will continue to consume precious federal funds unless Congress 
sets stronger and clearer priorities.''
    The Encouraging Innovation and Effective Teachers Act pares 
down the uses of funds provided for teachers and school leaders 
and focuses them on specific initiatives that will ultimately 
increase student achievement.
            Teacher and School Leader Flexible Grant
    H.R. 3990 consolidates the remaining teacher quality 
programs, including the Title II, Part B programs and the 
Teacher Quality Partnership Grant program authorized under the 
Higher Education Act, into a new Teacher and School Leader 
Flexible Grant. Under the new construct, states are provided 
funds to award grants to eligible entities, including school 
districts, for-profit organizations, non-profit organizations, 
institutions of higher education, or a consortium of such 
entities, to pursue evidence-based innovative initiatives 
focused on teachers and school leaders. If an eligible entity 
other than a local educational agency is awarded a grant, the 
entity must partner with a school district to ensure funds are 
being used to support increased student achievement.
    The committee believes a single consolidated program that 
provides greater flexibility to states, school districts, and 
other eligible entities in the use of federal teacher quality 
activities is preferable to the existing system of small 
programs that cater to certain constituencies and have very 
limited impact on classroom instruction. For example, a 2011 
Government Accountability Office (GAO) report entitled, 
``Opportunities to Reduce Potential Duplication in Federal 
Teacher Quality Programs,'' revealed more than 80 distinct 
federal programs designed to help improve teacher quality. Not 
only does this jumble of programs add to the confusion and red 
tape already facing educators, it is also a costly burden for 
taxpayers. According to GAO Comptroller General Gene Dodaro, 
the federal government spent more than $4 billion on these 
programs in fiscal year 2009, yet little is known about whether 
they are actually successful.
    The Teacher and School Leader Flexible Grant program 
retains many of the same uses of funds for the consolidated 
programs. For example, states and eligible entities can support 
creative approaches to:
     Increase access to or develop alternative 
certification, recertification, or licensure routes.
     Reform tenure systems.
     Recruit, hire, and retain effective teachers, 
including individuals from science, technology, engineering, 
and mathematics fields.
     Implement performance-based pay systems and 
differential incentive pay.
     Create teacher advancement initiatives and 
multiple career pathways.
     Establish new teacher or school leader induction 
or mentoring programs and teacher residency programs.
     Provide additional professional development 
activities or other evidence-based initiatives likely to 
increase teacher effectiveness.
     Implement other activities the eligible entity 
chooses to increase student achievement.
    The legislation also provides flexibility to eligible 
entities to fund initiatives that have evidence of working 
within particular schools. It engages the private sector, 
including the for- and non-profit communities, to partner with 
school districts to drive improvements and innovation in the 
teaching profession. The committee anticipates organizations 
with a track record of success, such as Teach for America and 
the National Writing Project, will partner effectively with 
states and school districts to improve the teaching profession 
and student achievement.
            Teacher preparation academies
    H.R. 3990 contains an optional 3 percent set-aside within 
the Teacher and School Leader Flexible Grant that states can 
use to create and fund teacher and school leader preparation 
academies. These funds allow for a state-based approach to 
creating a competitive market for teacher and school leader 
training. States taking advantage of this new funding source 
can use funds to reform educator preparation practices and free 
academies from satisfying antiquated, input-based requirements. 
States will be required to ensure candidates recruited for the 
academies will be high-achieving, receive clinical training in 
the classroom from an accomplished mentor, and complete the 
academy only after they demonstrate they are an effective 
educator. The program's emphasis on flexibility, combined with 
accountability, will enable these academies to innovate and 
transform the practice of teacher and school leader training.
            Teacher liability protections
    H.R. 3990 maintains liability protections included in 
current law that protect school employees (including teachers, 
administrators, and school board members) when acting to 
control, discipline, expel, or suspend a student, or maintain 
order in the classroom or school through reasonable actions. 
The committee believes educators must be protected when acting 
to maintain a safe school environment for all students.
            Parents' right to know and teacher privacy
    H.R. 3990 maintains the ``parents' right to know'' 
provision in current law that allows parents to request the 
professional qualifications of their children's teachers and 
receive it in a timely manner. Though the Encouraging 
Innovation and Effective Teachers Act supports the development 
of teacher evaluations with results used to make personnel 
decisions, the committee believes state and local leaders 
should decide whether and how the results of teacher 
evaluations are made public or shared with parents. The bill 
protects the privacy of individual teachers when the numbers 
and percentages of teachers in each teacher evaluation category 
are reported.

Parental engagement

    Title II of H.R. 3990 rewrites Title III, Part A of current 
law to support parental engagement and provide educational 
options for parents beyond traditional public schools. The 
legislation incorporates the provisions of H.R. 2218, the 
Empowering Parents through Quality Charter Schools Act, which 
reauthorizes the Charter School Program and passed the House of 
Representatives in September 2011 with strong bipartisan 
support. Charter schools offer important choices for parents 
whose students want an alternative to traditional public 
schools. By agreeing to increased accountability to states, 
charter authorizers, and parents, charter schools operate with 
more flexibility and are able to provide varied education 
models in which students may learn more effectively. The bill 
also reauthorizes the Magnet School Program with minimal 
changes. Through more rigorous programs, which focus on 
improving diversity, the Magnet School Program offers students 
a unique opportunity to attend a school with a rigorous 
curriculum.
    The Encouraging Innovation and Effective Teachers Act also 
authorizes Statewide Family Engagement Centers as a replacement 
for the existing Parental Information Resource Centers. This 
revised program is intended to help strengthen family 
engagement through assistance to states, school districts, 
teachers, and families. The changes to the program will 
strengthen outcomes and continue critical direct services to 
families to help them support their children's education, while 
sharing best practices with schools. This will ensure states 
and school districts are equipped with the proper tools to 
partner with parents to increase student learning. The 
committee believes that sharing proven models amongst 
practitioners and providing effective direct services will 
support parents in helping their children find success in the 
classroom.

Local Academic Flexible Grant

    In hearings, roundtables, and meetings held around the 
country in the 112th Congress, the committee has heard from 
countless state and local school officials asking Congress to 
remove barriers to spending and let local officials spend 
federal funds on problems they know exist, rather than spending 
money on Washington priorities that do not benefit their 
schools or districts. At a March 1, 2011 hearing entitled, 
``Education Regulations: Weighing the Burden on Schools and 
Students,'' Edgar Hatrick, Loudon County (VA) Public Schools 
Superintendent, stated that navigating the burdensome rules and 
reporting requirements of the approximately 80 federal programs 
often results in ``. . . resources being diverted from the 
mission of teaching and learning.'' In a letter sent in support 
of H.R. 1891, the Setting New Priorities in Education Spending 
Act, Michael Casserly, Executive Director of the Council of 
Great City Schools, wrote, ``[A]n array of small grant programs 
contributes little to the academic attainment necessary for 
national competitiveness nor helps overcome the achievement 
gaps that serve as a persistent barrier to educational and 
economic opportunity.''
    H.R. 3990 consolidates most federal elementary and 
secondary education programs--many of which have conflicting 
eligibility and other requirements--into a new Local Academic 
Flexible Grant that will provide unprecedented flexibility to 
states and school districts in using federal funds. Instead of 
determining the priorities for states and school districts, the 
legislation allows school officials to decide what funding is 
needed to support programs and projects they believe will 
increase student academic achievement, including those programs 
focused on 21st century skills.
    The committee strongly believes that the new Local Academic 
Flexible Grant will provide states and school districts with 
true flexibility to support innovative approaches to reforming 
public education. Rather than funding programs like Race to the 
Top, which awards funds to the few states willing to adopt 
numerous federal requirements, or Investing in Innovation (i3), 
which artificially limit participation to only non-profit 
entities, this new grant will provide funds to all states and 
school districts in need of additional assistance to support 
initiatives that will help improve student learning.
    Under the new program, states will receive funding through 
a formula and offer competitive grants to school districts, in 
partnership with nongovernmental entities, to support programs 
or projects that provide supplemental student support 
activities, such as tutoring or after-school programs, or 
student-focused activities, such as extended learning time 
programs, parent engagement, or core academic subject 
initiatives. Unlike most federal programs concerned solely with 
compliance with federal requirements, the Local Academic 
Flexible Grant is focused on student outcomes. The only 
requirements for the use of funds are that the program or 
project will increase student academic achievement and is 
allowed under state law.
            Private sector engagement
    H.R. 3990 requires states to reserve 10 percent of their 
Local Academic Flexible Grant to award grants to 
nongovernmental entities, including businesses and community-
based organizations, to support important and innovative 
programs outside of the public school system that will benefit 
students in public schools. These grants could be awarded to 
museums that offer interesting science programs or companies 
that provide students with real-world applications of classroom 
material. Under the program, nongovernmental entities will be 
required to provide a 50 percent match, and the project must 
help increase academic achievement. The intent of this program 
is to recognize that the public school system does not have a 
monopoly on student learning and outside entities can bring 
great value to students' academic success.
            Statewide activities
    H.R. 3990 authorizes states to reserve 15 percent of funds 
from the Local Academic Flexible Grant, before grants are 
awarded to school districts or nongovernmental entities, for 
statewide activities. Through these funds, states can support 
the development and implementation of academic assessments 
required under Title I of this Act. The remaining funds set 
aside at the state level can be used to administer the program, 
support statewide activities to increase academic achievement, 
and share best practices among school districts of programs and 
projects that have proven successful for students.

Impact Aid

    Title III of H.R. 3990 reauthorizes and strengthens the 
existing Impact Aid program, which provides direct funding to 
school districts impacted by the presence of the federal 
government. The program reimburses districts located near, or 
serving students from, military bases, federal lands, and 
Indian reservations for the loss of property taxes. The 
committee believes the federal government has a fundamental 
responsibility to compensate school districts impacted by the 
presence of the federal government to ensure they have adequate 
resources to provide their students with a quality education.
    The legislation updates the formula by which school 
district allotments are determined for a district with federal 
property located within its boundaries that cannot be taxed. 
The bill enables alternative verification of tax data for 
districts that cannot provide original tax records, including 
facsimiles or other reproductions of the records. It also 
establishes an initial payment for districts eligible for 
federal property compensation based on 90 percent of the 2006 
applications. The committee notes that the Encouraging 
Innovation and Effective Teachers Act reauthorizes Payments for 
Federal Property and rejects the Obama administration's recent 
budget request to eliminate this important program that 
provides critical resources to school districts that lack 
revenue due to federal ownership of land.
    H.R. 3990 streamlines provisions for Heavily Impacted 
school districts, which are districts with high percentages of 
military, Native American, or other federally connected 
children. The legislation standardizes eligibility criteria for 
these districts at 45 percent enrollment of federally connected 
children, bases per pupil expenditure eligibility requirements 
on state average expenditures rather than national average 
expenditures, and maintains the tax rate requirement for 
eligible districts of at least 95 percent of the average tax 
rate for general fund purposes of comparable districts in the 
state. The bill also allows federally connected children to be 
counted in enrollment numbers in the case of open enrollment 
policies in a state, but does not allow children to be counted 
if they are enrolled in a distance education program located 
outside the boundaries of the district.
    H.R. 3990 provides equal prorated payments greater than 100 
percent of the Learning Opportunity Threshold for eligible 
districts. The bill extends from three to four years the 
timeline for which a district may count children relocated to 
off-base housing due to authorized Department of Defense 
housing renovations and demolitions. Finally, the bill requires 
the Secretary to provide Impact Aid payments within three 
years. The committee has included the timely payment language 
to address long-standing school district concerns regarding the 
lack of on-time payments from the Department of Education. The 
committee expects the proposed changes to payments for federal 
property to reduce significantly the delays school districts 
are currently experiencing, and urges the department to set a 
goal of providing timely payments more quickly than called for 
under this legislation.

                           TROOPS-TO-TEACHERS

    H.R. 3990 transfers the existing Troops-to-Teachers program 
from the Department of Education to the Department of Defense. 
The program assists eligible military personnel in beginning a 
new career as teachers in public schools in which their skills, 
knowledge, and experience are most needed. The committee notes 
the program has been fully funded and administered out of the 
Department of Defense since Fiscal Year 2011. Transferring the 
program will give the Department of Defense and the House 
Committee on Armed Services the authority to improve the 
program by making necessary policy changes.

                PROVIDING SERVICES FOR HOMELESS STUDENTS

    H.R. 3990 reauthorizes the McKinney-Vento Homeless 
Assistance Act, the primary federal law that provides funding 
to states and school districts to educate homeless children and 
youth. The bill places a greater emphasis on improved 
identification of homeless children and youth, and provides 
better collaboration and information sharing among federal and 
state agencies to provide services for homeless students. The 
legislation also strengthens provisions in current law to 
provide greater school stability and protections for homeless 
youth and parents, ensuring that designated homeless liaisons 
in the school district inform parents of all rights available 
to them under the law and have the opportunity to receive 
professional development around the specific needs of homeless 
youth.

                               CONCLUSION

    The committee is pursuing a new approach to education 
reform by re-evaluating the federal role in elementary and 
secondary education. Instead of the federal government setting 
artificial and burdensome requirements around teacher 
qualifications, states and school districts should be 
encouraged to measure an educator's influence on student 
achievement. The current muddle of ESEA programs, each with its 
own onerous requirements, offers states and school districts 
little flexibility in how they can use federal dollars to meet 
their unique needs. The federal government should move away 
from a compliance-based approach, focusing federal programs on 
one single factor: whether students are learning. The 
committee's efforts will support more effective teachers in the 
classroom, grant states and school districts the freedom to 
innovate, roll back federal bureaucratic requirements and 
regulations, and eliminate and consolidate ineffective and 
duplicative federal education programs.

                      Section-by-Section Analysis

                         SECTION 1--SHORT TITLE

    States the short title as the Encouraging Innovation and 
Effective Teachers 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

Section 101--Teacher Preparation and Effectiveness

    Amends the title heading for Title II to read ``Title II--
Teacher Preparation and Effectiveness.'' Amends Part A of Title 
II (20 U.S.C. 6601 et seq.) to specify general requirements for 
providing grants to state educational agencies and subgrants to 
local educational agencies in order to support effective 
instruction. Amends Part B of Title II (20 U.S.C. 6661 et seq.) 
to specify general requirements of teacher and school leader 
flexible grants in order to improve student achievement in core 
academic subjects. Amends Part C of Title II (20 U.S.C. 6671 et 
seq.) to repeal Subparts 1 to 4 and specifies general 
requirements for teacher liability protection. Amends Part D of 
Title II (20 U.S.C. 6751 et seq.) to specify general provisions 
of the title.

Section 102--Conforming repeals

    Repeals Sections 201 to 204 of Title II of the Higher 
Education Act of 1965 (20 U.S.C. 1021 et seq.) to address the 
changes made under this legislation and specifies the effective 
date of the repeals.

                                TITLE II

Section 201--Parental engagement and local flexibility

    Amends Title III (20 U.S.C. 6801 et seq.) to specify 
general requirements regarding parental engagement and local 
flexibility. Specifies the Charter School Program under Part B 
of Title V be reauthorized as amended under the provisions of 
H.R. 2218. Specifies general requirements for magnet school 
assistance, family engagement in education programs, and local 
academic flexible grants.

                               TITLE III

Section 301--Purpose

    Amends Section 8002 (20 U.S.C. 7701) to reflect the purpose 
of Title III--Impact Aid.

Section 302--Payments relating to federal acquisition of real property

    Amends Section 8002 (20 U.S.C. 7702) to specify general 
requirements for payments relating to federal acquisitions of 
real property.

Section 303--Payments for eligible federally connected children

    Amends Section 8003(a) (20 U.S.C. 7703(a)) to specify the 
computation of payments for Eligible Federally Connected 
Children. Amends Section 8003(b) (20 U.S.C. 7703(b)) to specify 
basic support payments for heavily impacted local educational 
agencies. Amends paragraph (2) of Section 8003(c) (20 U.S.C. 
7703(c)) to specify general requirements with regards to prior 
year data. Amends Section 8003(d)(1) (20 U.S.C. 7703(d)) to 
specify general requirements for appropriations regarding 
children with disabilities. Amends Section 8003(e) (20 U.S.C. 
7703(e)) to specify general requirements of the hold harmless 
provision. Strikes Subsection (g) of Section 8003 (20 U.S.C. 
7703) to repeal the maintenance of effort provision.

Section 304--Policies and procedures relating to children residing on 
        Indian lands

    Amends Section 8004(e)(9) by changing ``Bureau of Indian 
Affairs'' to ``Bureau of Indian Education.''

Section 305--Applications for payments under Sections 8002 and 8003

    Amends Section 8005(b) (20 U.S.C. 7705(b)) to specify 
general requirements for applications for payments under 
Sections 8002 and 8003.

Section 306--Construction

    Amends Section 8007 (20 U.S.C. 7707) to specify general 
requirements for the authorization of construction payments and 
school facility emergency and modernization grants.

Section 307--Facilities

    Amends Section 8008 (20 U.S.C. 7708) to specify general 
requirements regarding facilities.

Section 308--State consideration of payments providing state aid

    Amends Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) to 
specify the general requirements of state consideration of 
payments providing state aid.

Section 309--Federal administration

    Amends Section 8010 (20 U.S.C. 7710) to specify general 
requirements of federal administration of impact aid and to 
include a provision on timely payments.

Section 310--Administrative hearings and judicial review

    Amends Section 8011(a) (20 U.S.C. 7711(a)) to make minor 
and technical changes.

Section 311--Definitions

    Amends Section 8013 by making a change to the definition of 
`armed forces,' `current expenditures,' `federal property,' 
`local contribution percentage,' and `local educational 
agency.'

Section 312--Authorization of appropriations

    Repeals Section 8014 (20 U.S.C. 7801) regarding the 
authorization of appropriations for this title.

Section 313--Confirming amendments

    Modifies the Elementary and Secondary Education Act to 
address the changes made under this legislation.

                                TITLE IV

Section 401--Troops to Teachers program

    Transfers the Troops-to-Teachers program to the U.S. 
Department of Defense, where it is currently administered. 
Amends Chapter 58 of Title 10, United States Code, by adding 
Section 1154 which specifies assistance to eligible members to 
obtain employment as teachers in the Troops-to-Teachers 
program.

                                TITLE V

Section 501--Repeal of Title VI

    Repeals Title VI--Flexibility and Accountability (20 U.S.C. 
7301 et seq.).

                                TITLE VI

Section 601--Statement of policy

    Amends Section 721 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11431) to specify the policy of 
Congress with regard to homeless education.

Section 602--Grants for state and local activities for the education of 
        homeless children and youths

    Amends Section 722 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11432) to specify the general 
requirements for grants for state and local activities for the 
education of homeless children and youths.

Section 603--Local educational agency subgrants for the education of 
        homeless children and youths

    Amends Section 723 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11433) to specify the general 
requirements of local educational agency subgrants for the 
education of homeless children and youths.

Section 604--Secretarial responsibilities

    Amends Section 724 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11434) to specify the 
responsibilities of the secretary.

Section 605--Definitions

    Amends Section 725 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11434a) by modifying the definition 
of homeless children and youths,' local educational agency,' 
and State educational agency' to address prior changes made 
under this legislation.

Section 606--Authorization of appropriations

    Amends Section 726 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11435) to specify the authorization 
of appropriations for the Act.

                       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. 3990 reduces burdensome federal mandates and 
regulations, grants states and school districts opportunities 
to innovate, and supports more effective teachers in the 
classroom. H.R. 3990 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. 3990 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.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                             Correspondence

    Exchange of jurisdictional letters with Financial Services 
Committee and Armed Services Committee.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

         Statement of General Performance Goals and Objectives

    In accordance with clause (3)(c) of House Rule XIII, the 
goal of H.R. 3990 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. 3990 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. 3990, the 
Encouraging Innovation and Effective Teachers 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. 3990--Encouraging Innovation and Effective Teachers Act

    Summary: H.R. 3990 would amend and reauthorize several 
titles of the Elementary and Secondary Education Act of 1965 
(the ESEA, commonly referred to, in its most recently 
authorized form, as No Child Left Behind). The underlying 
authorizations for those programs have expired, although such 
programs have received annual appropriations since their 
authorizations have expired. This bill would authorize funding 
through fiscal year 2018 for various activities, including 
support for teacher preparation and magnet and charter schools, 
as well as assistance to school districts affected by 
activities of the federal government (such as those on a 
military base). These authorizations would automatically be 
extended one year through 2019, under the General Education 
Provisions Act. H.R. 3990 also would reauthorize funding for 
the McKinney-Vento Homeless Assistance Act.
    CBO estimates that H.R. 3990 would authorize the 
appropriation of $7.5 billion in 2013 and $38.6 billion over 
the 2013-2017 period. CBO projects that implementing the bill 
would have discretionary costs of $28.1 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 would not apply.
    H.R. 3989 (the Student Success 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. 3989 is included in a separate cost estimate.)
    H.R. 3990 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments. The bill would 
impose a private-sector mandate, as defined in UMRA, on parents 
and guardians of unaccompanied youth who enroll in school 
without their consent by shielding schools from liability for 
that enrollment. CBO expects that the costs of the mandate 
would not exceed the annual threshold established in UMRA for 
private-sector mandates ($146 million in 2012, adjusted 
annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3990 is shown in the following table. 
The costs of this legislation fall within budget functions 050 
(national defense) and 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 II--Teacher Preparation and Effectiveness:
    Estimated Authorization Level.......................    2,988    3,031    3,077    3,130    3,193    15,419
    Estimated Outlays...................................       60    1,794    2,716    3,055    3,105    10,730
Title III--Parental Engagement and Local Flexibility:
    Estimated Authorization Level.......................    3,102    3,147    3,194    3,250    3,315    16,007
    Estimated Outlays...................................      155    1,553    2,662    3,167    3,218    10,754
Title IV--Impact Aid:
    Estimated Authorization Level.......................    1,294    1,313    1,333    1,356    1,383     6,678
    Estimated Outlays...................................    1,091    1,158    1,314    1,350    1,376     6,288
Troops to Teachers Program:
    Estimated Authorization Level.......................       25       25       25       25       25       125
    Estimated Outlays...................................        1       15       23       25       25        88
Homeless Education:
    Estimated Authorization Level.......................       65       66       67       68       70       336
    Estimated Outlays...................................        1       39       59       67       68       234

    Total Changes:
        Estimated Authorization Level...................    7,474    7,583    7,695    7,829    7,985    38,566
        Estimated Outlays...............................    1,308    4,559    6,774    7,663    7,792   28,095
----------------------------------------------------------------------------------------------------------------
Notes: Some programs received advance appropriations for fiscal year 2013. CBO does not reflect advance
  appropriations in its estimates.
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. 3990 would authorize the 
appropriation of $7.5 billion in 2013 and $38.6 billion over 
the 2013-2017 period. Assuming appropriation of the estimated 
amounts, implementing the provisions in the bill would cost 
$28.1 billion over the 2013-2017 period.

Title II of ESEA--Teacher Preparation and Effectiveness

    Title I of H.R. 3990 would reauthorize the grant programs 
designed to support teacher training and improvement under 
title II of the ESEA. Part A would amend the current state 
grant program and part B would replace the current Math and 
Science Partnership program with the Teacher and School Leader 
Flexible Grant program. The bill would authorize $3.0 billion 
for fiscal year 2013 and adjust that total by inflation for 
each year through fiscal year 2018. CBO estimates that the bill 
would authorize the appropriation of $15.4 billion over the 
2013-2017 period and that implementing this title would cost 
$10.7 billion over the same period, assuming appropriation of 
the estimated amounts. In fiscal year 2012, the Congress 
appropriated about $2.5 billion for state grants and $150 
million for math and science partnerships.

Title III of ESEA--Parental Engagement and Local Flexibility

    Title II of H.R. 3990 would amend the charter and magnet 
school programs currently authorized under title V of the ESEA 
and transfer them to title III of the ESEA. It also would 
create two new grant programs to encourage parental engagement 
in their children's education and provide additional funding to 
support supplemental learning activities for students. The bill 
would authorize the appropriation of $3.1 billion for fiscal 
year 2013 to fund those programs and activities with 
adjustments for inflation to those totals for each fiscal year 
through 2018. Assuming appropriation of the estimated amounts, 
CBO estimates that implementing those provisions would cost 
$10.8 billion over the 2013-2017 period.
    Part A--Parental Engagement. The bill would authorize the 
appropriation of about $2.2 billion over the 2013-2017 period 
for programs that provide funds to states and localities for 
charter and magnet schools and the newly created program for 
family engagement in education.
     Subpart 1--Charter School Program. H.R. 3990 would 
amend the Charter School Program and the Credit Enhancement for 
Charter School Initiatives and would authorize the 
appropriation of $300 million for fiscal year 2013 and adjust 
those amounts by inflation for each year through 2018. CBO 
estimates that H.R. 3990 would authorize the appropriation of 
$1.5 billion over the 2013-2017 period and that implementing 
this provision would cost $1.0 billion over the same period. In 
2012, $255 million was appropriated for the Charter School 
Program (no funding was provided for Credit Enhancement for 
Charter School Initiatives).
     Subpart 2--Magnet School Assistance. H.R. 3990 
would amend the Magnet School Program and would authorize the 
appropriation of $100 million for fiscal year 2013 with 
adjustments for inflation for each year through 2018. CBO 
estimates that H.R. 3990 would authorize the appropriation of 
about $500 million over the 2013-2017 period and that 
implementing this provision would cost about $300 million over 
the same period, assuming appropriation of the estimated 
amounts. The Congress appropriated $100 million for charter 
schools in 2012.
     Subpart 3--Family Engagement in Education 
Programs. The bill would create a new program to encourage 
greater parental involvement and engagement in their children's 
schools and education. The bill would authorize the 
appropriation of $25 million for fiscal year 2013 and increase 
those amounts by inflation for each year through 2018. CBO 
estimates that H.R. 3990 would authorize the appropriation of 
about $130 million over the 2013-2017 period and that 
implementing this provision would cost about $90 million over 
the same period.
    Part B--Local Academic Flexible Grants. Title II of H.R. 
3990 would authorize a new grant program that would provide 
funds to school districts to develop supplemental student 
activities, such as before or after school learning, and 
additional activities that support students, such as adjunct 
teacher programs and academic subject specific programs. The 
bill would authorize the appropriation of $2.7 billion for 
fiscal year 2013 with adjustments for inflation for each year 
through 2018. CBO estimates that implementing this new program 
would cost $9.3 billion over the 2013-2017 period, assuming 
appropriation of the estimated amounts.

Title IV of ESEA--Impact Aid

    Title III of H.R. 3990 would amend the impact aid programs 
(currently authorized under title VIII of the ESEA). The impact 
aid programs provide funding to assist local education agencies 
(LEAs) affected by the activities of the federal government, 
such as those on a military base or Indian reservation. The 
bill would authorize approximately $1.3 billion in fiscal year 
2013 and adjust that total for inflation for each fiscal year 
through 2018. CBO estimates that the bill would authorize the 
appropriation of $6.7 billion over the 2013-2017 period and 
that fully funding this title would result in discretionary 
costs of $6.3 billion over the 2013-2017 period, assuming the 
appropriation of the authorized amounts. The bulk of that 
spending (about $6.0 billion), would be for basic support 
payments to LEAs to assist in the education of children in 
federally connected areas. The additional $300 million would be 
used to construct and maintain schools that educate children in 
federally connected areas. Impact aid programs received 
appropriations of approximately $1.3 billion in fiscal year 
2012.

Troops to Teachers

    Title IV of H.R. 3990 would permanently reauthorize the 
Troops to Teachers program and move it under the auspices of 
the Department of Defense.\1\ CBO estimates that reauthorizing 
the Troops to Teachers program, which assists members of the 
armed forces in obtaining their teaching certification or 
license and with placement in schools, would have discretionary 
costs of about $88 million over the 2013-2017 period, assuming 
appropriation of the estimated amounts.
---------------------------------------------------------------------------
    \1\Funding for the Troops to Teachers program for fiscal years 2011 
and 2012 was appropriated for the Department of Defense rather than the 
Department of Education.
---------------------------------------------------------------------------

McKinney-Vento Homeless Assistance

    Title VI of H.R. 3990 would reauthorize the McKinney-Vento 
Homeless Assistance Act, which authorizes grants to states to 
assist in the education of homeless children. The bill would 
authorize the appropriation of $65 million for fiscal year 2013 
with adjustments for inflation for each year through 2018. CBO 
estimates that this title would authorize the appropriation of 
about $340 million and have discretionary costs of about $230 
million for the 2013-2017 period, assuming the appropriation of 
the necessary amounts. Support for the education of homeless 
children totaled $65 million for fiscal year 2012.
    Pay-as-you-go considerations: None.
    Estimated impact on state, local, and tribal governments: 
H.R. 3990 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments. Those governments would benefit from grants 
authorized in the bill for elementary and secondary education. 
Any costs associated with those grants would be incurred 
voluntarily as a result of complying with conditions of federal 
assistance.
    Estimated impact on the private sector: H.R. 3990 would 
shield schools from liability that might result from enrolling 
unaccompanied youth without parental or guardian consent. The 
bill would impose a private-sector mandate, as defined in UMRA, 
on parents and guardians of unaccompanied youth to the extent 
that they would be denied an existing right to compensation. 
However, such claims are very rare, and no damages have been 
awarded for such claims in the past 10 years. Therefore, CBO 
expects that the costs of the mandate would not exceed the 
annual threshold established in UMRA for private-sector 
mandates ($146 million in 2012, adjusted annually for 
inflation).
    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. 
3989, the Student Success Act, as ordered report by the House 
Committee on Education and the Workforce on February 28, 2012. 
CBO estimated that H.R. 3989, which would amend and reauthorize 
sections of the ESEA in addition to those that would be amended 
by H.R. 3990, would authorize the appropriation of $85.9 
billion over the 2013-2017 period.
    Estimated 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. 3990. 
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

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Elementary and Secondary 
Education Act of 1965''.

           *       *       *       *       *       *       *

SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.

  (a) Title II.--There are authorized to be appropriated to 
carry out title II $2,988,070,000 for fiscal year 2013.
  (b) Title III.--
          (1) Part a.--
                  (A) Subpart 1.--There are authorized to be 
                appropriated to carry out subpart 1 of part A 
                of title III $300,000,000 for fiscal year 2013.
                  (B) Subpart 2.--There are authorized to be 
                appropriated to carry out subpart 2 of part A 
                of title III $99,611,000 for fiscal year 2013.
                  (C) Subpart 3.--There are authorized to be 
                appropriated to carry out subpart 3 of part A 
                of title III $25,000,000 for fiscal year 2013.
          (2) Part b.--There are authorized to be appropriated 
        to carry out part B of title III $2,677,476,000 for 
        fiscal year 2013.
  (c) Title IV.--
          (1) Payments for federal acquisition of real 
        property.--For the purpose of making payments under 
        section 4002, there are authorized to be appropriated 
        $66,947,000 for fiscal year 2013.
          (2) Basic payments; payments for heavily impacted 
        local educational agencies.--For the purpose of making 
        payments under section 4003(b), there are authorized to 
        be appropriated $1,153,540,000 for fiscal year 2013.
          (3) Payments for children with disabilities.--For the 
        purpose of making payments under section 4003(d), there 
        are authorized to be appropriated $48,413,000 for 
        fiscal year 2013.
          (4) Construction.--For the purpose of carrying out 
        section 4007, there are authorized to be appropriated 
        $17,441,000 for fiscal year 2013.
          (5) Facilities maintenance.--For the purpose of 
        carrying out section 4008, there are authorized to be 
        appropriated $4,845,000 for fiscal year 2013.
  (d) Out Years.--The amounts authorized in subsections (a), 
(b), and (c) 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.

           *       *       *       *       *       *       *

 [TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS 
                             AND PRINCIPALS

      [PART A--TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND

[SEC. 2101. PURPOSE.

  [The purpose of this part is to provide grants to State 
educational agencies, local educational agencies, State 
agencies for higher education, and eligible partnerships in 
order to--
          [(1) increase student academic achievement through 
        strategies such as improving teacher and principal 
        quality and increasing the number of highly qualified 
        teachers in the classroom and highly qualified 
        principals and assistant principals in schools; and
          [(2) hold local educational agencies and schools 
        accountable for improvements in student academic 
        achievement.

[SEC. 2102. DEFINITIONS.

  [In this part:
          [(1) Arts and sciences.--The term ``arts and 
        sciences'' means--
                  [(A) when referring to an organizational unit 
                of an institution of higher education, any 
                academic unit that offers one or more academic 
                majors in disciplines or content areas 
                corresponding to the academic subjects in which 
                teachers teach; and
                  [(B) when referring to a specific academic 
                subject, the disciplines or content areas in 
                which an academic major is offered by an 
                organizational unit described in subparagraph 
                (A).
          [(2) Charter school.--The term ``charter school'' has 
        the meaning given the term in section 5210.
          [(3) High-need local educational agency.--The term 
        ``high-need local educational agency'' means a local 
        educational agency--
                  [(A)(i) that serves not fewer than 10,000 
                children from families with incomes below the 
                poverty line; or
                  [(ii) for which not less than 20 percent of 
                the children served by the agency are from 
                families with incomes below the poverty line; 
                and
                  [(B)(i) for which there is a high percentage 
                of teachers not teaching in the academic 
                subjects or grade levels that the teachers were 
                trained to teach; or
                  [(ii) for which there is a high percentage of 
                teachers with emergency, provisional, or 
                temporary certification or licensing.
          [(4) Highly qualified paraprofessional.--The term 
        ``highly qualified paraprofessional'' means a 
        paraprofessional who has not less than 2 years of--
                  [(A) experience in a classroom; and
                  [(B) postsecondary education or demonstrated 
                competence in a field or academic subject for 
                which there is a significant shortage of 
                qualified teachers.
          [(5) Out-of-field teacher.--The term ``out-of-field 
        teacher'' means a teacher who is teaching an academic 
        subject or a grade level for which the teacher is not 
        highly qualified.
          [(6) Principal.--The term ``principal'' includes an 
        assistant principal.

[SEC. 2103. AUTHORIZATIONS OF APPROPRIATIONS.

  [(a) Grants to States, Local Educational Agencies, and 
Eligible Partnerships.--There are authorized to be appropriated 
to carry out this part (other than subpart 5) $3,175,000,000 
for fiscal year 2002 and such sums as may be necessary for each 
of the 5 succeeding fiscal years.
  [(b) National Programs.--There are authorized to be 
appropriated to carry out subpart 5 such sums as may be 
necessary for fiscal year 2002 and each of the 5 succeeding 
fiscal years.

                      [Subpart 1--Grants to States

[SEC. 2111. ALLOTMENTS TO STATES.

  [(a) In General.--The Secretary shall make grants to States 
with applications approved under section 2112 to pay for the 
Federal share of the cost of carrying out the activities 
specified in section 2113. Each grant shall consist of the 
allotment determined for a State under subsection (b).
  [(b) Determination of Allotments.--
          [(1) Reservation of funds.--
                  [(A) In general.--From the total amount 
                appropriated under section 2103(a) for a fiscal 
                year, the Secretary shall reserve--
                          [(i) one-half of 1 percent for 
                        allotments for the United States Virgin 
                        Islands, Guam, American Samoa, and the 
                        Commonwealth of the Northern Mariana 
                        Islands, to be distributed among those 
                        outlying areas on the basis of their 
                        relative need, as determined by the 
                        Secretary, in accordance with the 
                        purpose of this part; and
                          [(ii) one-half of 1 percent for the 
                        Secretary of the Interior for programs 
                        under this part in schools operated or 
                        funded by the Bureau of Indian Affairs.
          [(2) State allotments.--
                  [(A) Hold harmless.--
                          [(i) In general.--Subject to 
                        subparagraph (B), from the funds 
                        appropriated under section 2103(a) for 
                        any fiscal year and not reserved under 
                        paragraph (1), the Secretary shall 
                        allot to each of the 50 States, the 
                        District of Columbia, and the 
                        Commonwealth of Puerto Rico an amount 
                        equal to the total amount that such 
                        State received for fiscal year 2001 
                        under--
                                  [(I) section 2202(b) of this 
                                Act (as in effect on the day 
                                before the date of enactment of 
                                the No Child Left Behind Act of 
                                2001); and
                                  [(II) section 306 of the 
                                Department of Education 
                                Appropriations Act, 2001 (as 
                                enacted into law by section 
                                1(a)(1) of Public Law 106-554).
                          [(ii) Ratable reduction.--If the 
                        funds described in clause (i) are 
                        insufficient to pay the full amounts 
                        that all States are eligible to receive 
                        under clause (i) for any fiscal year, 
                        the Secretary shall ratably reduce 
                        those amounts for the fiscal year.
                  [(B) Allotment of additional funds.--
                          [(i) In general.--Subject to clause 
                        (ii), for any fiscal year for which the 
                        funds appropriated under section 
                        2103(a) and not reserved under 
                        paragraph (1) exceed the total amount 
                        required to make allotments under 
                        subparagraph (A), the Secretary shall 
                        allot to each of the States described 
                        in subparagraph (A) the sum of--
                                  [(I) an amount that bears the 
                                same relationship to 35 percent 
                                of the excess amount as the 
                                number of individuals age 5 
                                through 17 in the State, as 
                                determined by the Secretary on 
                                the basis of the most recent 
                                satisfactory data, bears to the 
                                number of those individuals in 
                                all such States, as so 
                                determined; and
                                  [(II) an amount that bears 
                                the same relationship to 65 
                                percent of the excess amount as 
                                the number of individuals age 5 
                                through 17 from families with 
                                incomes below the poverty line, 
                                in the State, as determined by 
                                the Secretary on the basis of 
                                the most recent satisfactory 
                                data, bears to the number of 
                                those individuals in all such 
                                States, as so determined.
                          [(ii) Exception.--No State receiving 
                        an allotment under clause (i) may 
                        receive less than one-half of 1 percent 
                        of the total excess amount allotted 
                        under such clause for a fiscal year.
          [(3) Reallotment.--If any State does not apply for an 
        allotment under this subsection for any fiscal year, 
        the Secretary shall reallot the amount of the allotment 
        to the remaining States in accordance with this 
        subsection.

[SEC. 2112. STATE APPLICATIONS.

  [(a) In General.--For a State to be eligible to receive a 
grant under this part, the State educational agency shall 
submit an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary may 
reasonably require.
  [(b) Contents.--Each application submitted under this section 
shall include the following:
          [(1) A description of how the activities to be 
        carried out by the State educational agency under this 
        subpart will be based on a review of scientifically 
        based research and an explanation of why the activities 
        are expected to improve student academic achievement.
          [(2) A description of how the State educational 
        agency will ensure that a local educational agency 
        receiving a subgrant to carry out subpart 2 will comply 
        with the requirements of such subpart.
          [(3) A description of how the State educational 
        agency will ensure that activities assisted under this 
        subpart are aligned with challenging State academic 
        content and student academic achievement standards, 
        State assessments, and State and local curricula.
          [(4) A description of how the State educational 
        agency will use funds under this part to improve the 
        quality of the State's teachers and principals.
          [(5)(A) A description of how the State educational 
        agency will coordinate professional development 
        activities authorized under this part with professional 
        development activities provided under other Federal, 
        State, and local programs.
          [(B) A description of the comprehensive strategy that 
        the State educational agency will use, as part of such 
        coordination effort, to ensure that teachers are 
        trained in the use of technology so that technology and 
        applications of technology are effectively used in the 
        classroom to improve teaching and learning in all 
        curricula and academic subjects, as appropriate.
          [(6) A description of how the State educational 
        agency will encourage the development of proven, 
        innovative strategies to deliver intensive professional 
        development programs that are both cost-effective and 
        easily accessible, such as strategies that involve 
        delivery through the use of technology, peer networks, 
        and distance learning.
          [(7)(A) A description of how the State educational 
        agency will ensure compliance with the requirements for 
        professional development activities described in 
        section 9101 and how the activities to be carried out 
        under the grant will be developed collaboratively and 
        based on the input of teachers, principals, parents, 
        administrators, paraprofessionals, and other school 
        personnel.
          [(B) In the case of a State in which the State 
        educational agency is not the entity responsible for 
        teacher professional standards, certification, and 
        licensing, an assurance that the State activities 
        carried out under this subpart are carried out in 
        conjunction with the entity responsible for such 
        standards, certification, and licensing under State 
        law.
          [(8) A description of how the State educational 
        agency will ensure that the professional development 
        (including teacher mentoring) needs of teachers will be 
        met using funds under this subpart and subpart 2.
          [(9) A description of the State educational agency's 
        annual measurable objectives under section 1119(a)(2).
          [(10) A description of how the State educational 
        agency will use funds under this part to meet the 
        teacher and paraprofessional requirements of section 
        1119 and how the State educational agency will hold 
        local educational agencies accountable for meeting the 
        annual measurable objectives described in section 
        1119(a)(2).
          [(11) In the case of a State that has a charter 
        school law that exempts teachers from State 
        certification and licensing requirements, the specific 
        portion of the State law that provides for the 
        exemption.
          [(12) An assurance that the State educational agency 
        will comply with section 9501 (regarding participation 
        by private school children and teachers).
  [(c) Deemed Approval.--An application submitted by a State 
educational agency pursuant to subsection (a) shall be deemed 
to be approved by the Secretary unless the Secretary makes a 
written determination, prior to the expiration of the 120-day 
period beginning on the date on which the Secretary received 
the application, that the application is not in compliance with 
this subpart.
  [(d) Disapproval.--The Secretary shall not finally disapprove 
the application, except after giving the State educational 
agency notice and an opportunity for a hearing.
  [(e) Notification.--If the Secretary finds that the 
application is not in compliance, in whole or in part, with 
this subpart, the Secretary shall--
          [(1) give the State educational agency notice and an 
        opportunity for a hearing; and
          [(2) notify the State educational agency of the 
        finding of noncompliance and, in such notification, 
        shall--
                  [(A) cite the specific provisions in the 
                application that are not in compliance; and
                  [(B) request additional information, only as 
                to the noncompliant provisions, needed to make 
                the application compliant.
  [(f) Response.--If the State educational agency responds to 
the Secretary's notification described in subsection (e)(2) 
during the 45-day period beginning on the date on which the 
agency received the notification, and resubmits the application 
with the requested information described in subsection 
(e)(2)(B), the Secretary shall approve or disapprove such 
application prior to the later of--
          [(1) the expiration of the 45-day period beginning on 
        the date on which the application is resubmitted; or
          [(2) the expiration of the 120-day period described 
        in subsection (c).
  [(g) Failure To Respond.--If the State educational agency 
does not respond to the Secretary's notification described in 
subsection (e)(2) during the 45-day period beginning on the 
date on which the agency received the notification, such 
application shall be deemed to be disapproved.

[SEC. 2113. STATE USE OF FUNDS.

  [(a) In General.--A State that receives a grant under section 
2111 shall--
          [(1) reserve 95 percent of the funds made available 
        through the grant to make subgrants to local 
        educational agencies as described in subpart 2;
          [(2) reserve 2.5 percent (or, for a fiscal year 
        described in subsection (b), the percentage determined 
        under subsection (b)) of the funds to make subgrants to 
        local partnerships as described in subpart 3; and
          [(3) use the remainder of the funds for State 
        activities described in subsection (c).
  [(b) Special Rule.--For any fiscal year for which the total 
amount that would be reserved by all States under subsection 
(a)(2), if the States applied a 2.5 percentage rate, exceeds 
$125,000,000, the Secretary shall determine an alternative 
percentage that the States shall apply for that fiscal year 
under subsection (a)(2) so that the total amount reserved by 
all States under subsection (a)(2) equals $125,000,000.
  [(c) State Activities.--The State educational agency for a 
State that receives a grant under section 2111 shall use the 
funds described in subsection (a)(3) to carry out one or more 
of the following activities, which may be carried out through a 
grant or contract with a for-profit or nonprofit entity:
          [(1) Reforming teacher and principal certification 
        (including recertification) or licensing requirements 
        to ensure that--
                  [(A)(i) teachers have the necessary subject 
                matter knowledge and teaching skills in the 
                academic subjects that the teachers teach; and
                  [(ii) principals have the instructional 
                leadership skills to help teachers teach and 
                students learn;
                  [(B) teacher certification (including 
                recertification) or licensing requirements are 
                aligned with challenging State academic content 
                standards; and
                  [(C) teachers have the subject matter 
                knowledge and teaching skills, including 
                technology literacy, and principals have the 
                instructional leadership skills, necessary to 
                help students meet challenging State student 
                academic achievement standards.
          [(2) Carrying out programs that provide support to 
        teachers or principals, including support for teachers 
        and principals new to their profession, such as 
        programs that--
                  [(A) provide teacher mentoring, team 
                teaching, reduced class schedules, and 
                intensive professional development; and
                  [(B) use standards or assessments for guiding 
                beginning teachers that are consistent with 
                challenging State student academic achievement 
                standards and with the requirements for 
                professional development activities described 
                in section 9101.
          [(3) Carrying out programs that establish, expand, or 
        improve alternative routes for State certification of 
        teachers and principals, especially in the areas of 
        mathematics and science, for highly qualified 
        individuals with a baccalaureate or master's degree, 
        including mid-career professionals from other 
        occupations, paraprofessionals, former military 
        personnel, and recent college or university graduates 
        with records of academic distinction who demonstrate 
        the potential to become highly effective teachers or 
        principals.
          [(4) Developing and implementing mechanisms to assist 
        local educational agencies and schools in effectively 
        recruiting and retaining highly qualified teachers, 
        including specialists in core academic subjects, 
        principals, and pupil services personnel, except that 
        funds made available under this paragraph may be used 
        for pupil services personnel only--
                  [(A) if the State educational agency is 
                making progress toward meeting the annual 
                measurable objectives described in section 
                1119(a)(2); and
                  [(B) in a manner consistent with mechanisms 
                to assist local educational agencies and 
                schools in effectively recruiting and retaining 
                highly qualified teachers and principals.
          [(5) Reforming tenure systems, implementing teacher 
        testing for subject matter knowledge, and implementing 
        teacher testing for State certification or licensing, 
        consistent with title II of the Higher Education Act of 
        1965.
          [(6) Providing professional development for teachers 
        and principals and, in cases in which a State 
        educational agency determines support to be 
        appropriate, supporting the participation of pupil 
        services personnel in the same type of professional 
        development activities as are made available to 
        teachers and principals.
          [(7) Developing systems to measure the effectiveness 
        of specific professional development programs and 
        strategies to document gains in student academic 
        achievement or increases in teacher mastery of the 
        academic subjects the teachers teach.
          [(8) Fulfilling the State educational agency's 
        responsibilities concerning proper and efficient 
        administration of the programs carried out under this 
        part, including provision of technical assistance to 
        local educational agencies.
          [(9) Funding projects to promote reciprocity of 
        teacher and principal certification or licensing 
        between or among States, except that no reciprocity 
        agreement developed under this paragraph or developed 
        using funds provided under this part may lead to the 
        weakening of any State teaching certification or 
        licensing requirement.
          [(10) Developing or assisting local educational 
        agencies in the development and use of proven, 
        innovative strategies to deliver intensive professional 
        development programs that are both cost-effective and 
        easily accessible, such as strategies that involve 
        delivery through the use of technology, peer networks, 
        and distance learning.
          [(11) Encouraging and supporting the training of 
        teachers and administrators to effectively integrate 
        technology into curricula and instruction, including 
        training to improve the ability to collect, manage, and 
        analyze data to improve teaching, decisionmaking, 
        school improvement efforts, and accountability.
          [(12) Developing, or assisting local educational 
        agencies in developing, merit-based performance 
        systems, and strategies that provide differential and 
        bonus pay for teachers in high-need academic subjects 
        such as reading, mathematics, and science and teachers 
        in high-poverty schools and districts.
          [(13) Providing assistance to local educational 
        agencies for the development and implementation of 
        professional development programs for principals that 
        enable the principals to be effective school leaders 
        and prepare all students to meet challenging State 
        academic content and student academic achievement 
        standards, and the development and support of school 
        leadership academies to help exceptionally talented 
        aspiring or current principals and superintendents 
        become outstanding managers and educational leaders.
          [(14) Developing, or assisting local educational 
        agencies in developing, teacher advancement initiatives 
        that promote professional growth and emphasize multiple 
        career paths (such as paths to becoming a career 
        teacher, mentor teacher, or exemplary teacher) and pay 
        differentiation.
          [(15) Providing assistance to teachers to enable them 
        to meet certification, licensing, or other requirements 
        needed to become highly qualified by the end of the 
        fourth year for which the State receives funds under 
        this part (as amended by the No Child Left Behind Act 
        of 2001).
          [(16) Supporting activities that ensure that teachers 
        are able to use challenging State academic content 
        standards and student academic achievement standards, 
        and State assessments, to improve instructional 
        practices and improve student academic achievement.
          [(17) Funding projects and carrying out programs to 
        encourage men to become elementary school teachers.
          [(18) Establishing and operating a center that--
                  [(A) serves as a statewide clearinghouse for 
                the recruitment and placement of kindergarten, 
                elementary school, and secondary school 
                teachers; and
                  [(B) establishes and carries out programs to 
                improve teacher recruitment and retention 
                within the State.
  [(d) Administrative Costs.--A State educational agency or 
State agency for higher education receiving a grant under this 
part may use not more than 1 percent of the grant funds for 
planning and administration related to carrying out activities 
under subsection (c) and subpart 3.
  [(e) Coordination.--A State that receives a grant to carry 
out this subpart and a grant under section 202 of the Higher 
Education Act of 1965 shall coordinate the activities carried 
out under this subpart and the activities carried out under 
that section.
  [(f) Supplement, Not Supplant.--Funds received under this 
subpart shall be used to supplement, and not supplant, non-
Federal funds that would otherwise be used for activities 
authorized under this subpart.

          [Subpart 2--Subgrants to Local Educational Agencies

[SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

  [(a) Subgrants to Local Educational Agencies.--
          [(1) In general.--The Secretary may make a grant to a 
        State under subpart 1 only if the State educational 
        agency agrees to distribute the funds described in this 
        subsection as subgrants to local educational agencies 
        under this subpart.
          [(2) Hold harmless.--
                  [(A) In general.--From the funds reserved by 
                a State under section 2113(a)(1), the State 
                educational agency shall allocate to each local 
                educational agency in the State an amount equal 
                to the total amount that such agency received 
                for fiscal year 2001 under--
                          [(i) section 2203(1)(B) of this Act 
                        (as in effect on the day before the 
                        date of enactment of the No Child Left 
                        Behind Act of 2001); and
                          [(ii) section 306 of the Department 
                        of Education Appropriations Act, 2001 
                        (as enacted into law by section 1(a)(1) 
                        of Public Law 106-554).
                  [(B) Nonparticipating agencies.--In the case 
                of a local educational agency that did not 
                receive any funds for fiscal year 2001 under 
                one or both of the provisions referred to in 
                clauses (i) and (ii) of subparagraph (A), the 
                amount allocated to the agency under such 
                subparagraph shall be the total amount that the 
                agency would have received for fiscal year 2001 
                if the agency had elected to participate in all 
                of the programs for which the agency was 
                eligible under each of the provisions referred 
                to in those clauses.
                  [(C) Ratable reduction.--If the funds 
                described in subparagraph (A) are insufficient 
                to pay the full amounts that all local 
                educational agencies in the State are eligible 
                to receive under subparagraph (A) for any 
                fiscal year, the State educational agency shall 
                ratably reduce such amounts for the fiscal 
                year.
          [(3) Allocation of additional funds.--For any fiscal 
        year for which the funds reserved by a State under 
        section 2113(a)(1) exceed the total amount required to 
        make allocations under paragraph (2), the State 
        educational agency shall allocate to each of the 
        eligible local educational agencies in the State the 
        sum of--
                  [(A) an amount that bears the same 
                relationship to 20 percent of the excess amount 
                as the number of individuals age 5 through 17 
                in the geographic area served by the agency, as 
                determined by the Secretary on the basis of the 
                most recent satisfactory data, bears to the 
                number of those individuals in the geographic 
                areas served by all the local educational 
                agencies in the State, as so determined; and
                  [(B) an amount that bears the same 
                relationship to 80 percent of the excess amount 
                as the number of individuals age 5 through 17 
                from families with incomes below the poverty 
                line in the geographic area served by the 
                agency, as determined by the Secretary on the 
                basis of the most recent satisfactory data, 
                bears to the number of those individuals in the 
                geographic areas served by all the local 
                educational agencies in the State, as so 
                determined.

[SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESSMENT.

  [(a) In General.--To be eligible to receive a subgrant under 
this subpart, a local educational agency shall 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.
  [(b) Contents.--Each application submitted under this section 
shall be based on the needs assessment required in subsection 
(c) and shall include the following:
          [(1)(A) A description of the activities to be carried 
        out by the local educational agency under this subpart 
        and how these activities will be aligned with--
                  [(i) challenging State academic content 
                standards and student academic achievement 
                standards, and State assessments; and
                  [(ii) the curricula and programs tied to the 
                standards described in clause (i).
          [(B) A description of how the activities will be 
        based on a review of scientifically based research and 
        an explanation of why the activities are expected to 
        improve student academic achievement.
          [(2) A description of how the activities will have a 
        substantial, measurable, and positive impact on student 
        academic achievement and how the activities will be 
        used as part of a broader strategy to eliminate the 
        achievement gap that separates low-income and minority 
        students from other students.
          [(3) An assurance that the local educational agency 
        will target funds to schools within the jurisdiction of 
        the local educational agency that--
                  [(A) have the lowest proportion of highly 
                qualified teachers;
                  [(B) have the largest average class size; or
                  [(C) are identified for school improvement 
                under section 1116(b).
          [(4) A description of how the local educational 
        agency will coordinate professional development 
        activities authorized under this subpart with 
        professional development activities provided through 
        other Federal, State, and local programs.
          [(5) A description of the professional development 
        activities that will be made available to teachers and 
        principals under this subpart and how the local 
        educational agency will ensure that the professional 
        development (which may include teacher mentoring) needs 
        of teachers and principals will be met using funds 
        under this subpart.
          [(6) A description of how the local educational 
        agency will integrate funds under this subpart with 
        funds received under part D that are used for 
        professional development to train teachers to integrate 
        technology into curricula and instruction to improve 
        teaching, learning, and technology literacy.
          [(7) A description of how the local educational 
        agency, teachers, paraprofessionals, principals, other 
        relevant school personnel, and parents have 
        collaborated in the planning of activities to be 
        carried out under this subpart and in the preparation 
        of the application.
          [(8) A description of the results of the needs 
        assessment described in subsection (c).
          [(9) A description of how the local educational 
        agency will provide training to enable teachers to--
                  [(A) teach and address the needs of students 
                with different learning styles, particularly 
                students with disabilities, students with 
                special learning needs (including students who 
                are gifted and talented), and students with 
                limited English proficiency;
                  [(B) improve student behavior in the 
                classroom and identify early and appropriate 
                interventions to help students described in 
                subparagraph (A) learn;
                  [(C) involve parents in their child's 
                education; and
                  [(D) understand and use data and assessments 
                to improve classroom practice and student 
                learning.
          [(10) A description of how the local educational 
        agency will use funds under this subpart to meet the 
        requirements of section 1119.
          [(11) An assurance that the local educational agency 
        will comply with section 9501 (regarding participation 
        by private school children and teachers).
  [(c) Needs Assessment.--
          [(1) In general.--To be eligible to receive a 
        subgrant under this subpart, a local educational agency 
        shall conduct an assessment of local needs for 
        professional development and hiring, as identified by 
        the local educational agency and school staff.
          [(2) Requirements.--Such needs assessment shall be 
        conducted with the involvement of teachers, including 
        teachers participating in programs under part A of 
        title I, and shall take into account the activities 
        that need to be conducted in order to give teachers the 
        means, including subject matter knowledge and teaching 
        skills, and to give principals the instructional 
        leadership skills to help teachers, to provide students 
        with the opportunity to meet challenging State and 
        local student academic achievement standards.

[SEC. 2123. LOCAL USE OF FUNDS.

  [(a) In General.--A local educational agency that receives a 
subgrant under section 2121 shall use the funds made available 
through the subgrant to carry out one or more of the following 
activities, including carrying out the activities through a 
grant or contract with a for-profit or nonprofit entity:
          [(1) Developing and implementing mechanisms to assist 
        schools in effectively recruiting and retaining highly 
        qualified teachers, including specialists in core 
        academic subjects, principals, and pupil services 
        personnel, except that funds made available under this 
        paragraph may be used for pupil services personnel 
        only--
                  [(A) if the local educational agency is 
                making progress toward meeting the annual 
                measurable objectives described in section 
                1119(a)(2); and
                  [(B) in a manner consistent with mechanisms 
                to assist schools in effectively recruiting and 
                retaining highly qualified teachers and 
                principals.
          [(2) Developing and implementing initiatives to 
        assist in recruiting highly qualified teachers 
        (particularly initiatives that have proven effective in 
        retaining highly qualified teachers), and hiring highly 
        qualified teachers, who will be assigned teaching 
        positions within their fields, including--
                  [(A) providing scholarships, signing bonuses, 
                or other financial incentives, such as 
                differential pay, for teachers to teach--
                          [(i) in academic subjects in which 
                        there exists a shortage of highly 
                        qualified teachers within a school or 
                        within the local educational agency; 
                        and
                          [(ii) in schools in which there 
                        exists a shortage of highly qualified 
                        teachers;
                  [(B) recruiting and hiring highly qualified 
                teachers to reduce class size, particularly in 
                the early grades; and
                  [(C) establishing programs that--
                          [(i) train and hire regular and 
                        special education teachers (which may 
                        include hiring special education 
                        teachers to team-teach in classrooms 
                        that contain both children with 
                        disabilities and nondisabled children);
                          [(ii) train and hire highly qualified 
                        teachers of special needs children, as 
                        well as teaching specialists in core 
                        academic subjects who will provide 
                        increased individualized instruction to 
                        students;
                          [(iii) recruit qualified 
                        professionals from other fields, 
                        including highly qualified 
                        paraprofessionals, and provide such 
                        professionals with alternative routes 
                        to teacher certification, including 
                        developing and implementing hiring 
                        policies that ensure comprehensive 
                        recruitment efforts as a way to expand 
                        the applicant pool, such as through 
                        identifying teachers certified through 
                        alternative routes, and using a system 
                        of intensive screening designed to hire 
                        the most qualified applicants; and
                          [(iv) provide increased opportunities 
                        for minorities, individuals with 
                        disabilities, and other individuals 
                        underrepresented in the teaching 
                        profession.
          [(3) Providing professional development activities--
                  [(A) that improve the knowledge of teachers 
                and principals and, in appropriate cases, 
                paraprofessionals, concerning--
                          [(i) one or more of the core academic 
                        subjects that the teachers teach; and
                          [(ii) effective instructional 
                        strategies, methods, and skills, and 
                        use of challenging State academic 
                        content standards and student academic 
                        achievement standards, and State 
                        assessments, to improve teaching 
                        practices and student academic 
                        achievement; and
                  [(B) that improve the knowledge of teachers 
                and principals and, in appropriate cases, 
                paraprofessionals, concerning effective 
                instructional practices and that--
                          [(i) involve collaborative groups of 
                        teachers and administrators;
                          [(ii) provide training in how to 
                        teach and address the needs of students 
                        with different learning styles, 
                        particularly students with 
                        disabilities, students with special 
                        learning needs (including students who 
                        are gifted and talented), and students 
                        with limited English proficiency;
                          [(iii) provide training in methods 
                        of--
                                  [(I) improving student 
                                behavior in the classroom; and
                                  [(II) identifying early and 
                                appropriate interventions to 
                                help students described in 
                                clause (ii) learn;
                          [(iv) provide training to enable 
                        teachers and principals to involve 
                        parents in their child's education, 
                        especially parents of limited English 
                        proficient and immigrant children; and
                          [(v) provide training on how to 
                        understand and use data and assessments 
                        to improve classroom practice and 
                        student learning.
          [(4) Developing and implementing initiatives to 
        promote retention of highly qualified teachers and 
        principals, particularly within elementary schools and 
        secondary schools with a high percentage of low-
        achieving students, including programs that provide--
                  [(A) teacher mentoring from exemplary 
                teachers, principals, or superintendents;
                  [(B) induction and support for teachers and 
                principals during their first 3 years of 
                employment as teachers or principals, 
                respectively;
                  [(C) incentives, including financial 
                incentives, to retain teachers who have a 
                record of success in helping low-achieving 
                students improve their academic achievement; or
                  [(D) incentives, including financial 
                incentives, to principals who have a record of 
                improving the academic achievement of all 
                students, but particularly students from 
                economically disadvantaged families, students 
                from racial and ethnic minority groups, and 
                students with disabilities.
          [(5) Carrying out programs and activities that are 
        designed to improve the quality of the teacher force, 
        such as--
                  [(A) innovative professional development 
                programs (which may be provided through 
                partnerships including institutions of higher 
                education), including programs that train 
                teachers and principals to integrate technology 
                into curricula and instruction to improve 
                teaching, learning, and technology literacy, 
                are consistent with the requirements of section 
                9101, and are coordinated with activities 
                carried out under part D;
                  [(B) development and use of proven, cost-
                effective strategies for the implementation of 
                professional development activities, such as 
                through the use of technology and distance 
                learning;
                  [(C) tenure reform;
                  [(D) merit pay programs; and
                  [(E) testing of elementary school and 
                secondary school teachers in the academic 
                subjects that the teachers teach.
          [(6) Carrying out professional development activities 
        designed to improve the quality of principals and 
        superintendents, including the development and support 
        of academies to help talented aspiring or current 
        principals and superintendents become outstanding 
        managers and educational leaders.
          [(7) Hiring highly qualified teachers, including 
        teachers who become highly qualified through State and 
        local alternative routes to certification, and special 
        education teachers, in order to reduce class size, 
        particularly in the early grades.
          [(8) Carrying out teacher advancement initiatives 
        that promote professional growth and emphasize multiple 
        career paths (such as paths to becoming a career 
        teacher, mentor teacher, or exemplary teacher) and pay 
        differentiation.
          [(10) Carrying out programs and activities related to 
        exemplary teachers.
  [(b) Supplement, Not Supplant.--Funds received under this 
subpart shall be used to supplement, and not supplant, non-
Federal funds that would otherwise be used for activities 
authorized under this subpart.

             [Subpart 3--Subgrants to Eligible Partnerships

[SEC. 2131. DEFINITIONS.

  [In this subpart:
          [(1) Eligible partnership.--The term ``eligible 
        partnership'' means an entity that--
                  [(A) shall include--
                          [(i) a private or State institution 
                        of higher education and the division of 
                        the institution that prepares teachers 
                        and principals;
                          [(ii) a school of arts and sciences; 
                        and
                          [(iii) a high-need local educational 
                        agency; and
                  [(B) may include another local educational 
                agency, a public charter school, an elementary 
                school or secondary school, an educational 
                service agency, a nonprofit educational 
                organization, another institution of higher 
                education, a school of arts and sciences within 
                such an institution, the division of such an 
                institution that prepares teachers and 
                principals, a nonprofit cultural organization, 
                an entity carrying out a prekindergarten 
                program, a teacher organization, a principal 
                organization, or a business.
          [(2) Low-performing school.--The term ``low-
        performing school'' means an elementary school or 
        secondary school that is identified under section 1116.

[SEC. 2132. SUBGRANTS.

  [(a) In General.--The State agency for higher education for a 
State that receives a grant under section 2111, working in 
conjunction with the State educational agency (if such agencies 
are separate), shall use the funds reserved under section 
2113(a)(2) to make subgrants, on a competitive basis, to 
eligible partnerships to enable such partnerships to carry out 
the activities described in section 2134.
  [(b) Distribution.--The State agency for higher education 
shall ensure that--
          [(1) such subgrants are equitably distributed by 
        geographic area within a State; or
          [(2) eligible partnerships in all geographic areas 
        within the State are served through the subgrants.
  [(c) Special Rule.--No single participant in an eligible 
partnership may use more than 50 percent of the funds made 
available to the partnership under this section.

[SEC. 2133. APPLICATIONS.

  [To be eligible to receive a subgrant under this subpart, an 
eligible partnership shall submit an application to the State 
agency for higher education at such time, in such manner, and 
containing such information as the agency may require.

[SEC. 2134. USE OF FUNDS.

  [(a) In General.--An eligible partnership that receives a 
subgrant under section 2132 shall use the subgrant funds for--
          [(1) professional development activities in core 
        academic subjects to ensure that--
                  [(A) teachers and highly qualified 
                paraprofessionals, and, if appropriate, 
                principals have subject matter knowledge in the 
                academic subjects that the teachers teach, 
                including the use of computer related 
                technology to enhance student learning; and
                  [(B) principals have the instructional 
                leadership skills that will help such 
                principals work most effectively with teachers 
                to help students master core academic subjects; 
                and
          [(2) developing and providing assistance to local 
        educational agencies and individuals who are teachers, 
        highly qualified paraprofessionals, or principals of 
        schools served by such agencies, for sustained, high-
        quality professional development activities that--
                  [(A) ensure that the individuals are able to 
                use challenging State academic content 
                standards and student academic achievement 
                standards, and State assessments, to improve 
                instructional practices and improve student 
                academic achievement;
                  [(B) may include intensive programs designed 
                to prepare such individuals who will return to 
                a school to provide instruction related to the 
                professional development described in 
                subparagraph (A) to other such individuals 
                within such school; and
                  [(C) may include activities of partnerships 
                between one or more local educational agencies, 
                one or more schools served by such local 
                educational agencies, and one or more 
                institutions of higher education for the 
                purpose of improving teaching and learning at 
                low-performing schools.
  [(b) Coordination.--An eligible partnership that receives a 
subgrant to carry out this subpart and a grant under section 
203 of the Higher Education Act of 1965 shall coordinate the 
activities carried out under this subpart and the activities 
carried out under that section 203.

                       [Subpart 4--Accountability

[SEC. 2141. TECHNICAL ASSISTANCE AND ACCOUNTABILITY.

  [(a) Improvement Plan.--After the second year of the plan 
described in section 1119(a)(2), if a State educational agency 
determines, based on the reports described in section 
1119(b)(1), that a local educational agency in the State has 
failed to make progress toward meeting the annual measurable 
objectives described in section 1119(a)(2), for 2 consecutive 
years, such local educational agency shall develop an 
improvement plan that will enable the agency to meet such 
annual measurable objectives and that specifically addresses 
issues that prevented the agency from meeting such annual 
measurable objectives.
  [(b) Technical Assistance.--During the development of the 
improvement plan described in subsection (a) and throughout 
implementation of the plan, the State educational agency 
shall--
          [(1) provide technical assistance to the local 
        educational agency; and
          [(2) provide technical assistance, if applicable, to 
        schools served by the local educational agency that 
        need assistance to enable the local educational agency 
        to meet the annual measurable objectives described in 
        section 1119(a)(2).
  [(c) Accountability.--After the third year of the plan 
described in section 1119(a)(2), if the State educational 
agency determines, based on the reports described in section 
1119(b)(1), that the local educational agency has failed to 
make progress toward meeting the annual measurable objectives 
described in section 1119(a)(2), and has failed to make 
adequate yearly progress as described under section 
1111(b)(2)(B), for 3 consecutive years, the State educational 
agency shall enter into an agreement with such local 
educational agency on the use of that agency's funds under this 
part. As part of this agreement, the State educational agency--
          [(1) shall develop, in conjunction with the local 
        educational agency, teachers, and principals, 
        professional development strategies and activities, 
        based on scientifically based research, that the local 
        educational agency will use to meet the annual 
        measurable objectives described in section 1119(a)(2) 
        and require such agency to utilize such strategies and 
        activities; and
          [(2)(A) except as provided in subparagraphs (B) and 
        (C), shall prohibit the use of funds received under 
        part A of title I to fund any paraprofessional hired 
        after the date such determination is made;
          [(B) shall allow the use of such funds to fund a 
        paraprofessional hired after that date if the local 
        educational agency can demonstrate that the hiring is 
        to fill a vacancy created by the departure of another 
        paraprofessional funded under title I and such new 
        paraprofessional satisfies the requirements of section 
        1119(c); and
          [(C) may allow the use of such funds to fund a 
        paraprofessional hired after that date if the local 
        educational agency can demonstrate--
                  [(i) that a significant influx of population 
                has substantially increased student enrollment; 
                or
                  [(ii) that there is an increased need for 
                translators or assistance with parental 
                involvement activities.
  [(d) Special Rule.--During the development of the strategies 
and activities described in subsection (c)(1), the State 
educational agency shall, in conjunction with the local 
educational agency, provide from funds allocated to such local 
educational agency under subpart 2 directly to one or more 
schools served by such local educational agency, to enable 
teachers at the schools to choose, with continuing consultation 
with the principal involved, professional development 
activities that--
          [(1) meet the requirements for professional 
        development activities described in section 9101; and
          [(2) are coordinated with other reform efforts at the 
        schools.

                    [Subpart 5--National Activities

[SEC. 2151. NATIONAL ACTIVITIES OF DEMONSTRATED EFFECTIVENESS.

  [(a) National Teacher Recruitment Campaign.--The Secretary is 
authorized to establish and carry out a national teacher 
recruitment campaign, which may include activities carried out 
through the National Teacher Recruitment Clearinghouse, to 
assist high-need local educational agencies in recruiting 
teachers (particularly those activities that are effective in 
retaining new teachers) and training teachers and to conduct a 
national public service campaign concerning the resources for, 
and the routes to, entering the field of teaching. In carrying 
out the campaign, the Secretary may promote and link the 
activities of the campaign to the information and referral 
activities of the National Teacher Recruitment Clearinghouse. 
The Secretary shall coordinate activities under this subsection 
with State and regional recruitment activities.
  [(b) School Leadership.--
          [(1) In general.--The Secretary is authorized to 
        establish and carry out a national principal 
        recruitment program to assist high-need local 
        educational agencies in recruiting and training 
        principals (including assistant principals) through 
        such activities as--
                  [(A) providing financial incentives to 
                aspiring new principals;
                  [(B) providing stipends to principals who 
                mentor new principals;
                  [(C) carrying out professional development 
                programs in instructional leadership and 
                management; and
                  [(D) providing incentives that are 
                appropriate for teachers or individuals from 
                other fields who want to become principals and 
                that are effective in retaining new principals.
          [(2) Grants.--If the Secretary uses sums made 
        available under section 2103(b) to carry out paragraph 
        (1), the Secretary shall carry out such paragraph by 
        making grants, on a competitive basis, to--
                  [(A) high-need local educational agencies;
                  [(B) consortia of high-need local educational 
                agencies; and
                  [(C) partnerships of high-need local 
                educational agencies, nonprofit organizations, 
                and institutions of higher education.
  [(c) Advanced Certification or Advanced Credentialing.--
          [(1) In general.--The Secretary is authorized to 
        support activities to encourage and support teachers 
        seeking advanced certification or advanced 
        credentialing through high quality professional teacher 
        enhancement programs designed to improve teaching and 
        learning.
          [(2) Implementation.--In carrying out paragraph (1), 
        the Secretary shall make grants to eligible entities 
        to--
                  [(A) develop teacher standards that include 
                measures tied to increased student academic 
                achievement; and
                  [(B) promote outreach, teacher recruitment, 
                teacher subsidy, or teacher support programs, 
                related to teacher certification or 
                credentialing by the National Board for 
                Professional Teaching Standards, the National 
                Council on Teacher Quality, or other nationally 
                recognized certification or credentialing 
                organizations.
          [(3) Eligible entities.--In this subsection, the term 
        ``eligible entity'' includes--
                  [(A) a State educational agency;
                  [(B) a local educational agency;
                  [(C) the National Board for Professional 
                Teaching Standards, in partnership with a high-
                need local educational agency or a State 
                educational agency;
                  [(D) the National Council on Teacher Quality, 
                in partnership with a high-need local 
                educational agency or a State educational 
                agency; or
                  [(E) another recognized entity, including 
                another recognized certification or 
                credentialing organization, in partnership with 
                a high-need local educational agency or a State 
                educational agency.
  [(d) Special Education Teacher Training.--The Secretary is 
authorized to award a grant to the University of Northern 
Colorado to enable such university to provide, to other 
institutions of higher education, assistance in training 
special education teachers.
  [(e) Early Childhood Educator Professional Development.--
          [(1) Purpose.--The purpose of this subsection is to 
        enhance the school readiness of young children, 
        particularly disadvantaged young children, and to 
        prevent young children from encountering difficulties 
        once the children enter school, by improving the 
        knowledge and skills of early childhood educators who 
        work in communities that have high concentrations of 
        children living in poverty.
          [(2) Program authorized.--
                  [(A) Grants to partnerships.--The Secretary 
                is authorized to carry out the purpose of this 
                subsection by awarding grants, on a competitive 
                basis, to partnerships consisting of--
                          [(i)(I) one or more institutions of 
                        higher education that provide 
                        professional development for early 
                        childhood educators who work with 
                        children from low-income families in 
                        high-need communities; or
                          [(II) another public or private 
                        entity that provides such professional 
                        development;
                          [(ii) one or more public agencies 
                        (including local educational agencies, 
                        State educational agencies, State human 
                        services agencies, and State and local 
                        agencies administering programs under 
                        the Child Care and Development Block 
                        Grant Act of 1990 (42 U.S.C. 9858 et 
                        seq.), Head Start agencies, or private 
                        organizations; and
                          [(iii) to the extent feasible, an 
                        entity with demonstrated experience in 
                        providing training to educators in 
                        early childhood education programs 
                        concerning identifying and preventing 
                        behavior problems or working with 
                        children identified as or suspected to 
                        be victims of abuse.
                  [(B) Duration and number of grants.--
                          [(i) Duration.--The Secretary shall 
                        award grants under this subsection for 
                        periods of not more than 4 years.
                          [(ii) Number.--No partnership may 
                        receive more than one grant under this 
                        subsection.
          [(3) Applications.--
                  [(A) Applications required.--Any partnership 
                that desires to receive a grant under this 
                subsection shall submit an application to the 
                Secretary at such time, in such manner, and 
                containing such information as the Secretary 
                may require.
                  [(B) Contents.--Each such application shall 
                include--
                          [(i) a description of the high-need 
                        community to be served by the project 
                        proposed to be carried out through the 
                        grant, including such demographic and 
                        socioeconomic information as the 
                        Secretary may request;
                          [(ii) information on the quality of 
                        the early childhood educator 
                        professional development program 
                        currently conducted (as of the date of 
                        the submission of the application) by 
                        the institution of higher education or 
                        another provider in the partnership;
                          [(iii) the results of a needs 
                        assessment that the entities in the 
                        partnership have undertaken to 
                        determine the most critical 
                        professional development needs of the 
                        early childhood educators to be served 
                        by the partnership and in the broader 
                        community, and a description of how the 
                        proposed project will address those 
                        needs;
                          [(iv) a description of how the 
                        proposed project will be carried out, 
                        including a description of--
                                  [(I) how individuals will be 
                                selected to participate;
                                  [(II) the types of 
                                professional development 
                                activities, based on 
                                scientifically based research, 
                                that will be carried out;
                                  [(III) how research on 
                                effective professional 
                                development and on adult 
                                learning will be used to design 
                                and deliver project activities;
                                  [(IV) how the project will be 
                                coordinated with and build on, 
                                and will not supplant or 
                                duplicate, early childhood 
                                education professional 
                                development activities in the 
                                high-need community;
                                  [(V) how the project will 
                                train early childhood educators 
                                to provide developmentally 
                                appropriate school-readiness 
                                services that are based on the 
                                best available research on 
                                early childhood pedagogy and 
                                child development and learning 
                                domains;
                                  [(VI) how the project will 
                                train early childhood educators 
                                to meet the diverse educational 
                                needs of children in the 
                                community, including children 
                                who have limited English 
                                proficiency, children with 
                                disabilities, or children with 
                                other special needs; and
                                  [(VII) how the project will 
                                train early childhood educators 
                                in identifying and preventing 
                                behavioral problems in children 
                                or working with children 
                                identified as or suspected to 
                                be victims of abuse;
                          [(v) a description of--
                                  [(I) the specific objectives 
                                that the partnership will seek 
                                to attain through the project, 
                                and the methods that the 
                                partnership will use to measure 
                                progress toward attainment of 
                                those objectives; and
                                  [(II) how the objectives and 
                                the measurement methods align 
                                with the achievement indicators 
                                established by the Secretary 
                                under paragraph (6)(A);
                          [(vi) a description of the 
                        partnership's plan for continuing the 
                        activities carried out under the 
                        project after Federal funding ceases;
                          [(vii) an assurance that, where 
                        applicable, the project will provide 
                        appropriate professional development to 
                        volunteers working directly with young 
                        children, as well as to paid staff; and
                          [(viii) an assurance that, in 
                        developing the application and in 
                        carrying out the project, the 
                        partnership has consulted with, and 
                        will consult with, relevant agencies, 
                        early childhood educator organizations, 
                        and early childhood providers that are 
                        not members of the partnership.
          [(4) Selection of grant recipients.--
                  [(A) Criteria.--The Secretary shall select 
                partnerships to receive grants under this 
                subsection on the basis of the degree to which 
                the communities proposed to be served require 
                assistance and the quality of the applications 
                submitted under paragraph (3).
                  [(B) Geographic distribution.--In selecting 
                partnerships to receive grants under this 
                subsection, the Secretary shall seek to ensure 
                that communities in different regions of the 
                Nation, as well as both urban and rural 
                communities, are served.
          [(5) Uses of funds.--
                  [(A) In general.--Each partnership receiving 
                a grant under this subsection shall use the 
                grant funds to carry out activities that will 
                improve the knowledge and skills of early 
                childhood educators who are working in early 
                childhood programs that are located in high-
                need communities and serve concentrations of 
                children from low-income families.
                  [(B) Allowable activities.--Such activities 
                may include--
                          [(i) professional development for 
                        early childhood educators, particularly 
                        to familiarize those educators with the 
                        application of recent research on 
                        child, language, and literacy 
                        development and on early childhood 
                        pedagogy;
                          [(ii) professional development for 
                        early childhood educators in working 
                        with parents, so that the educators and 
                        parents can work together to provide 
                        and support developmentally appropriate 
                        school-readiness services that are 
                        based on scientifically based research 
                        on early childhood pedagogy and child 
                        development and learning domains;
                          [(iii) professional development for 
                        early childhood educators to work with 
                        children who have limited English 
                        proficiency, children with 
                        disabilities, and children with other 
                        special needs;
                          [(iv) professional development to 
                        train early childhood educators in 
                        identifying and preventing behavioral 
                        problems in children or working with 
                        children identified as or suspected to 
                        be victims of abuse;
                          [(v) activities that assist and 
                        support early childhood educators 
                        during their first 3 years in the 
                        field;
                          [(vi) development and implementation 
                        of early childhood educator 
                        professional development programs that 
                        make use of distance learning and other 
                        technologies;
                          [(vii) professional development 
                        activities related to the selection and 
                        use of screening and diagnostic 
                        assessments to improve teaching and 
                        learning; and
                          [(viii) data collection, evaluation, 
                        and reporting needed to meet the 
                        requirements of paragraph (6) relating 
                        to accountability.
          [(6) Accountability.--
                  [(A) Achievement indicators.--On the date on 
                which the Secretary first issues a notice 
                soliciting applications for grants under this 
                subsection, the Secretary shall announce 
                achievement indicators for this subsection, 
                which shall be designed--
                          [(i) to measure the quality and 
                        accessibility of the professional 
                        development provided;
                          [(ii) to measure the impact of that 
                        professional development on the early 
                        childhood education provided by the 
                        individuals who receive the 
                        professional development; and
                          [(iii) to provide such other measures 
                        of program impact as the Secretary 
                        determines to be appropriate.
                  [(B) Annual reports; termination.--
                          [(i) Annual reports.--Each 
                        partnership receiving a grant under 
                        this subsection shall report annually 
                        to the Secretary on the partnership's 
                        progress toward attaining the 
                        achievement indicators.
                          [(ii) Termination.--The Secretary may 
                        terminate a grant under this subsection 
                        at any time if the Secretary determines 
                        that the partnership receiving the 
                        grant is not making satisfactory 
                        progress toward attaining the 
                        achievement indicators.
          [(7) Cost-sharing.--
                  [(A) In general.--Each partnership carrying 
                out a project through a grant awarded under 
                this subsection shall provide, from sources 
                other than the program carried out under this 
                subsection, which may include Federal sources--
                          [(i) at least 50 percent of the total 
                        cost of the project for the grant 
                        period; and
                          [(ii) at least 20 percent of the 
                        project cost for each year.
                  [(B) Acceptable contributions.--A partnership 
                may meet the requirements of subparagraph (A) 
                by providing contributions in cash or in kind, 
                fairly evaluated, including plant, equipment, 
                and services.
                  [(C) Waivers.--The Secretary may waive or 
                modify the requirements of subparagraph (A) for 
                partnerships in cases of demonstrated financial 
                hardship.
          [(8) Federal coordination.--The Secretary and the 
        Secretary of Health and Human Services shall coordinate 
        activities carried out through programs under this 
        subsection with activities carried out through other 
        early childhood programs administered by the Secretary 
        or the Secretary of Health and Human Services.
          [(9) Definitions.--In this subsection:
                  [(A) Early childhood educator.--The term 
                ``early childhood educator'' means a person 
                providing, or employed by a provider of, 
                nonresidential child care services (including 
                center-based, family-based, and in-home child 
                care services) that is legally operating under 
                State law, and that complies with applicable 
                State and local requirements for the provision 
                of child care services to children at any age 
                from birth through the age at which a child may 
                start kindergarten in that State.
                  [(B) High-need community.--
                          [(i) In general.--The term ``high-
                        need community'' means--
                                  [(I) a political subdivision 
                                of a State, or a portion of a 
                                political subdivision of a 
                                State, in which at least 50 
                                percent of the children are 
                                from low-income families; or
                                  [(II) a political subdivision 
                                of a State that is among the 10 
                                percent of political 
                                subdivisions of the State 
                                having the greatest numbers of 
                                such children.
                          [(ii) Determination.--In determining 
                        which communities are described in 
                        clause (i), the Secretary shall use 
                        such data as the Secretary determines 
                        are most accurate and appropriate.
                  [(C) Low-income family.--The term ``low-
                income family'' means a family with an income 
                below the poverty line for the most recent 
                fiscal year for which satisfactory data are 
                available.
  [(f) Teacher Mobility.--
          [(1) Establishment.--The Secretary is authorized to 
        establish a panel to be known as the National Panel on 
        Teacher Mobility (referred to in this subsection as the 
        ``panel'').
          [(2) Membership.--The panel shall be composed of 12 
        members appointed by the Secretary. The Secretary shall 
        appoint the members from among practitioners and 
        experts with experience relating to teacher mobility, 
        such as teachers, members of teacher certification or 
        licensing bodies, faculty of institutions of higher 
        education that prepare teachers, and State policymakers 
        with such experience.
          [(3) Period of appointment; vacancies.--Members shall 
        be appointed for the life of the panel. Any vacancy in 
        the panel shall not affect the powers of the panel, but 
        shall be filled in the same manner as the original 
        appointment.
          [(4) Duties.--
                  [(A) Study.--
                          [(i) In general.--The panel shall 
                        study strategies for increasing 
                        mobility and employment opportunities 
                        for highly qualified teachers, 
                        especially for States with teacher 
                        shortages and States with school 
                        districts or schools that are difficult 
                        to staff.
                          [(ii) Data and analysis.--As part of 
                        the study, the panel shall evaluate the 
                        desirability and feasibility of State 
                        initiatives that support teacher 
                        mobility by collecting data and 
                        conducting effective analysis 
                        concerning--
                                  [(I) teacher supply and 
                                demand;
                                  [(II) the development of 
                                recruitment and hiring 
                                strategies that support 
                                teachers; and
                                  [(III) increasing reciprocity 
                                of certification and licensing 
                                across States.
                  [(B) Report.--Not later than 1 year after the 
                date on which all members of the panel have 
                been appointed, the panel shall submit to the 
                Secretary and to the appropriate committees of 
                Congress a report containing the results of the 
                study.
          [(5) Powers.--
                  [(A) Hearings.--The panel may hold such 
                hearings, sit and act at such times and places, 
                take such testimony, and receive such evidence 
                as the panel considers advisable to carry out 
                the objectives of this subsection.
                  [(B) Information from federal agencies.--The 
                panel may secure directly from any Federal 
                department or agency such information as the 
                panel considers necessary to carry out the 
                provisions of this subsection. Upon request of 
                a majority of the members of the panel, the 
                head of such department or agency shall furnish 
                such information to the panel.
                  [(C) Postal services.--The panel may use the 
                United States mails in the same manner and 
                under the same conditions as other departments 
                and agencies of the Federal Government.
          [(6) Personnel.--
                  [(A) Travel expenses.--The members of the 
                panel shall not receive compensation for the 
                performance of services for the panel, but 
                shall be allowed travel expenses, including per 
                diem in lieu of subsistence, at rates 
                authorized for employees of agencies under 
                subchapter I of chapter 57 of title 5, United 
                States Code, while away from their homes or 
                regular places of business in the performance 
                of services for the panel. Notwithstanding 
                section 1342 of title 31, United States Code, 
                the Secretary may accept the voluntary and 
                uncompensated services of members of the panel.
                  [(B) Detail of government employees.--Any 
                Federal Government employee may be detailed to 
                the panel without reimbursement, and such 
                detail shall be without interruption or loss of 
                civil service status or privilege.
          [(7) Permanent committee.--Section 14 of the Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to the panel.

             [PART B--MATHEMATICS AND SCIENCE PARTNERSHIPS

[SEC. 2201. PURPOSE; DEFINITIONS.

  [(a) Purpose.--The purpose of this part is to improve the 
academic achievement of students in the areas of mathematics 
and science by encouraging State educational agencies, 
institutions of higher education, local educational agencies, 
elementary schools, and secondary schools to participate in 
programs that--
          [(1) improve and upgrade the status and stature of 
        mathematics and science teaching by encouraging 
        institutions of higher education to assume greater 
        responsibility for improving mathematics and science 
        teacher education through the establishment of a 
        comprehensive, integrated system of recruiting, 
        training, and advising mathematics and science 
        teachers;
          [(2) focus on the education of mathematics and 
        science teachers as a career-long process that 
        continuously stimulates teachers' intellectual growth 
        and upgrades teachers' knowledge and skills;
          [(3) bring mathematics and science teachers in 
        elementary schools and secondary schools together with 
        scientists, mathematicians, and engineers to increase 
        the subject matter knowledge of mathematics and science 
        teachers and improve such teachers' teaching skills 
        through the use of sophisticated laboratory equipment 
        and work space, computing facilities, libraries, and 
        other resources that institutions of higher education 
        are better able to provide than the elementary schools 
        and secondary schools;
          [(4) develop more rigorous mathematics and science 
        curricula that are aligned with challenging State and 
        local academic content standards and with the standards 
        expected for postsecondary study in engineering, 
        mathematics, and science; and
          [(5) improve and expand training of mathematics and 
        science teachers, including training such teachers in 
        the effective integration of technology into curricula 
        and instruction.
  [(b) Definitions.--In this part:
          [(1) Eligible partnership.--The term ``eligible 
        partnership'' means a partnership that--
                  [(A) shall include--
                          [(i) if grants are awarded under 
                        section 2202(a)(1), a State educational 
                        agency;
                          [(ii) an engineering, mathematics, or 
                        science department of an institution of 
                        higher education; and
                          [(iii) a high-need local educational 
                        agency; and
                  [(B) may include--
                          [(i) another engineering, 
                        mathematics, science, or teacher 
                        training department of an institution 
                        of higher education;
                          [(ii) additional local educational 
                        agencies, public charter schools, 
                        public or private elementary schools or 
                        secondary schools, or a consortium of 
                        such schools;
                          [(iii) a business; or
                          [(iv) a nonprofit or for-profit 
                        organization of demonstrated 
                        effectiveness in improving the quality 
                        of mathematics and science teachers.
          [(2) Summer workshop or institute.--The term ``summer 
        workshop or institute'' means a workshop or institute, 
        conducted during the summer, that--
                  [(A) is conducted for a period of not less 
                than 2 weeks;
                  [(B) includes, as a component, a program that 
                provides direct interaction between students 
                and faculty; and
                  [(C) provides for followup training during 
                the academic year that is conducted in the 
                classroom for a period of not less than three 
                consecutive or nonconsecutive days, except 
                that--
                          [(i) if the workshop or institute is 
                        conducted during a 2-week period, the 
                        followup training shall be conducted 
                        for a period of not less than 4 days; 
                        and
                          [(ii) if the followup training is for 
                        teachers in rural school districts, the 
                        followup training may be conducted 
                        through distance learning.

[SEC. 2202. GRANTS FOR MATHEMATICS AND SCIENCE PARTNERSHIPS.

  [(a) Grants Authorized.--
          [(1) Grants to partnerships.--For any fiscal year for 
        which the funds appropriated under section 2203 are 
        less than $100,000,000, the Secretary is authorized to 
        award grants, on a competitive basis, to eligible 
        partnerships to carry out the authorized activities 
        described in subsection (c).
          [(2) Grants to state educational agencies.--
                  [(A) In general.--For any fiscal year for 
                which the funds appropriated under section 2203 
                equal or exceed $100,000,000--
                          [(i) if an eligible partnership in 
                        the State was previously awarded a 
                        grant under paragraph (1), and the 
                        grant period has not ended, the 
                        Secretary shall reserve funds in a 
                        sufficient amount to make payments to 
                        the partnership in accordance with the 
                        terms of the grant; and
                          [(ii) the Secretary is authorized to 
                        award grants to State educational 
                        agencies to enable such agencies to 
                        award subgrants, on a competitive 
                        basis, to eligible partnerships to 
                        carry out the authorized activities 
                        described in subsection (c).
                  [(B) Allotment.--The Secretary shall allot 
                the amount made available under this part for a 
                fiscal year and not reserved under subparagraph 
                (A)(i) among the State educational agencies in 
                proportion to the number of children, aged 5 to 
                17, who are from families with incomes below 
                the poverty line and reside in a State for the 
                most recent fiscal year for which satisfactory 
                data are available, as compared to the number 
                of such children who reside in all such States 
                for such year.
                  [(C) Minimum allotment.--The amount of any 
                State educational agency's allotment under 
                subparagraph (B) for any fiscal year may not be 
                less than one-half of 1 percent of the amount 
                made available under this part for such year.
          [(3) Duration.--The Secretary shall award grants 
        under this part for a period of 3 years.
          [(4) Supplement, not supplant.--Funds received under 
        this part shall be used to supplement, and not 
        supplant, funds that would otherwise be used for 
        activities authorized under this part.
  [(b) Application Requirements.--
          [(1) In general.--Each eligible partnership desiring 
        a grant or subgrant under this part shall submit an 
        application--
                  [(A) in the case of grants awarded pursuant 
                to subsection (a)(1), to the Secretary, at such 
                time, in such manner, and accompanied by such 
                information as the Secretary may require; or
                  [(B) in the case of subgrants awarded 
                pursuant to subsection (a)(2), to the State 
                educational agency, at such time, in such 
                manner, and accompanied by such information as 
                the State educational agency may require.
          [(2) Contents.--Each application submitted pursuant 
        to paragraph (1) shall include--
                  [(A) the results of a comprehensive 
                assessment of the teacher quality and 
                professional development needs of any schools, 
                local educational agencies, and State 
                educational agencies that comprise the eligible 
                partnership with respect to the teaching and 
                learning of mathematics and science;
                  [(B) a description of how the activities to 
                be carried out by the eligible partnership will 
                be aligned with challenging State academic 
                content and student academic achievement 
                standards in mathematics and science and with 
                other educational reform activities that 
                promote student academic achievement in 
                mathematics and science;
                  [(C) a description of how the activities to 
                be carried out by the eligible partnership will 
                be based on a review of scientifically based 
                research, and an explanation of how the 
                activities are expected to improve student 
                academic achievement and strengthen the quality 
                of mathematics and science instruction;
                  [(D) a description of--
                          [(i) how the eligible partnership 
                        will carry out the authorized 
                        activities described in subsection (c); 
                        and
                          [(ii) the eligible partnership's 
                        evaluation and accountability plan 
                        described in subsection (e); and
                  [(E) a description of how the eligible 
                partnership will continue the activities funded 
                under this part after the original grant or 
                subgrant period has expired.
  [(c) Authorized Activities.--An eligible partnership shall 
use funds provided under this part for one or more of the 
following activities related to elementary schools or secondary 
schools:
          [(1) Creating opportunities for enhanced and ongoing 
        professional development of mathematics and science 
        teachers that improves the subject matter knowledge of 
        such teachers.
          [(2) Promoting strong teaching skills for mathematics 
        and science teachers and teacher educators, including 
        integrating reliable scientifically based research 
        teaching methods and technology-based teaching methods 
        into the curriculum.
          [(3) Establishing and operating mathematics and 
        science summer workshops or institutes, including 
        followup training, for elementary school and secondary 
        school mathematics and science teachers that--
                  [(A) shall--
                          [(i) directly relate to the 
                        curriculum and academic areas in which 
                        the teacher provides instruction, and 
                        focus only secondarily on pedagogy;
                          [(ii) enhance the ability of the 
                        teacher to understand and use the 
                        challenging State academic content 
                        standards for mathematics and science 
                        and to select appropriate curricula; 
                        and
                          [(iii) train teachers to use 
                        curricula that are--
                                  [(I) based on scientific 
                                research;
                                  [(II) aligned with 
                                challenging State academic 
                                content standards; and
                                  [(III) object-centered, 
                                experiment-oriented, and 
                                concept- and content-based; and
                  [(B) may include--
                          [(i) programs that provide teachers 
                        and prospective teachers with 
                        opportunities to work under the 
                        guidance of experienced teachers and 
                        college faculty;
                          [(ii) instruction in the use of data 
                        and assessments to inform and instruct 
                        classroom practice; and
                          [(iii) professional development 
                        activities, including supplemental and 
                        followup activities, such as curriculum 
                        alignment, distance learning, and 
                        activities that train teachers to 
                        utilize technology in the classroom.
          [(4) Recruiting mathematics, engineering, and science 
        majors to teaching through the use of--
                  [(A) signing and performance incentives that 
                are linked to activities proven effective in 
                retaining teachers, for individuals with 
                demonstrated professional experience in 
                mathematics, engineering, or science;
                  [(B) stipends provided to mathematics and 
                science teachers for certification through 
                alternative routes;
                  [(C) scholarships for teachers to pursue 
                advanced course work in mathematics, 
                engineering, or science; and
                  [(D) other programs that the State 
                educational agency determines to be effective 
                in recruiting and retaining individuals with 
                strong mathematics, engineering, or science 
                backgrounds.
          [(5) Developing or redesigning more rigorous 
        mathematics and science curricula that are aligned with 
        challenging State and local academic content standards 
        and with the standards expected for postsecondary study 
        in mathematics and science.
          [(6) Establishing distance learning programs for 
        mathematics and science teachers using curricula that 
        are innovative, content-based, and based on 
        scientifically based research that is current as of the 
        date of the program involved.
          [(7) Designing programs to prepare a mathematics or 
        science teacher at a school to provide professional 
        development to other mathematics or science teachers at 
        the school and to assist beginning and other teachers 
        at the school, including (if applicable) a mechanism to 
        integrate the teacher's experiences from a summer 
        workshop or institute into the provision of 
        professional development and assistance.
          [(8) Establishing and operating programs to bring 
        mathematics and science teachers into contact with 
        working scientists, mathematicians, and engineers, to 
        expand such teachers' subject matter knowledge of and 
        research in science and mathematics.
          [(9) Designing programs to identify and develop 
        exemplary mathematics and science teachers in the 
        kindergarten through grade 8 classrooms.
          [(10) Training mathematics and science teachers and 
        developing programs to encourage young women and other 
        underrepresented individuals in mathematics and science 
        careers (including engineering and technology) to 
        pursue postsecondary degrees in majors leading to such 
        careers.
  [(d) Coordination and Consultation.--
          [(1) Partnership grants.--An eligible partnership 
        receiving a grant under section 203 of the Higher 
        Education Act of 1965 shall coordinate the use of such 
        funds with any related activities carried out by such 
        partnership with funds made available under this part.
          [(2) National science foundation.--In carrying out 
        the activities authorized by this part, the Secretary 
        shall consult and coordinate with the Director of the 
        National Science Foundation, particularly with respect 
        to the appropriate roles for the Department and the 
        Foundation in the conduct of summer workshops, 
        institutes, or partnerships to improve mathematics and 
        science teaching in elementary schools and secondary 
        schools.
  [(e) Evaluation and Accountability Plan.--
          [(1) In general.--Each eligible partnership receiving 
        a grant or subgrant under this part shall develop an 
        evaluation and accountability plan for activities 
        assisted under this part that includes rigorous 
        objectives that measure the impact of activities funded 
        under this part.
          [(2) Contents.--The plan developed pursuant to 
        paragraph (1)--
                  [(A) shall include measurable objectives to 
                increase the number of mathematics and science 
                teachers who participate in content-based 
                professional development activities;
                  [(B) shall include measurable objectives for 
                improved student academic achievement on State 
                mathematics and science assessments or, where 
                applicable, an International Mathematics and 
                Science Study assessment; and
                  [(C) may include objectives and measures 
                for--
                          [(i) increased participation by 
                        students in advanced courses in 
                        mathematics and science;
                          [(ii) increased percentages of 
                        elementary school teachers with 
                        academic majors or minors, or group 
                        majors or minors, in mathematics, 
                        engineering, or the sciences; and
                          [(iii) increased percentages of 
                        secondary school classes in mathematics 
                        and science taught by teachers with 
                        academic majors in mathematics, 
                        engineering, and science.
  [(f) Report.--Each eligible partnership receiving a grant or 
subgrant under this part shall report annually to the Secretary 
regarding the eligible partnership's progress in meeting the 
objectives described in the accountability plan of the 
partnership under subsection (e).

[SEC. 2203. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated to carry out this 
part $450,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of the 5 succeeding fiscal years.]

            TITLE II--TEACHER PREPARATION AND EFFECTIVENESS

                PART A--SUPPORTING EFFECTIVE INSTRUCTION

SEC. 2101. PURPOSE.

  The purpose of this part is to provide grants to State 
educational agencies and subgrants to local educational 
agencies to--
          (1) increase student achievement consistent with 
        State academic standards under section 1111;
          (2) improve teacher and school leader effectiveness;
          (3) provide evidence-based, continuous, job-embedded 
        professional development; and
          (4) develop and implement teacher evaluation systems 
        to link teacher performance with student achievement to 
        determine teacher effectiveness.

                      Subpart 1--Grants to States

SEC. 2111. ALLOTMENTS TO STATES.

  (a) In General.--Of the amounts appropriated under section 
3(a), the Secretary shall reserve 75 percent to make grants to 
States with applications approved under section 2112 to pay for 
the Federal share of the cost of carrying out the activities 
specified in section 2113. Each grant shall consist of the 
allotment determined for a State under subsection (b).
  (b) Determination of Allotments.--
          (1) Reservation of funds.--Of the amount reserved 
        under subsection (a) for a fiscal year, the Secretary 
        shall reserve--
                  (A) not more than 1 percent to carry out 
                national activities under section 2132;
                  (B) one-half of 1 percent for allotments to 
                outlying areas on the basis of their relative 
                need, as determined by the Secretary, in 
                accordance with the purpose of this part; and
                  (C) one-half of 1 percent for the Secretary 
                of the Interior for programs under this part in 
                schools operated or funded by the Bureau of 
                Indian Education.
          (2) State allotments.--
                  (A) In general.--Subject to subparagraph (B), 
                from the funds reserved under subsection (a) 
                for any fiscal year and not reserved under 
                paragraph (1), the Secretary shall allot to 
                each State the sum of--
                          (i) an amount that bears the same 
                        relationship to 50 percent of the funds 
                        as the number of individuals age 5 
                        through 17 in the State, as determined 
                        by the Secretary on the basis of the 
                        most recent satisfactory data, bears to 
                        the number of those individuals in all 
                        such States, as so determined; and
                          (ii) an amount that bears the same 
                        relationship to 50 percent of the funds 
                        as the number of individuals age 5 
                        through 17 from families with incomes 
                        below the poverty line in the State, as 
                        determined by the Secretary on the 
                        basis of the most recent satisfactory 
                        data, bears to the number of those 
                        individuals in all such States, as so 
                        determined.
                  (B) Small state minimum.--No State receiving 
                an allotment under subparagraph (A) may receive 
                less than one-half of 1 percent of the total 
                amount of funds allotted under such 
                subparagraph for a fiscal year.
  (c) Alternate Distribution of Funds.--
          (1) In general.--Subject to paragraphs (2) through 
        (5), if a State does not apply to the Secretary for an 
        allotment under this section, a local educational 
        agency located in such State may apply to the Secretary 
        for a portion of the funds that would have been 
        allotted to the State had such State applied for an 
        allotment under this section to carry out the 
        activities under this part.
          (2) Application.--In order to receive an allotment 
        under paragraph (1), a local educational agency shall 
        submit to the Secretary an application at such time, in 
        such manner, and containing the information described 
        in section 2122.
          (3) Use of funds.--A local educational agency 
        receiving an allotment under paragraph (1)--
                  (A) shall use such funds to carry out the 
                activities described in section 2123(1); and
                  (B) may use such funds to carry out the 
                activities described in section 2123(2).
          (4) Reporting requirements.--A local educational 
        agency receiving an allotment under paragraph (1) shall 
        carry out the reporting requirements described in 
        section 2131(a), except that annual reports shall be 
        submitted to the Secretary and not a State educational 
        agency.
          (5) Amount of allotment.--An allotment made to a 
        local educational agency under paragraph (1) for a 
        fiscal year shall be equal to the amount of subgrant 
        funds that the local educational agency would have 
        received under subpart 2 had such agency applied for a 
        subgrant under such subpart for such fiscal year.
  (d) Reallotment.--If a State does not apply for an allotment 
under this section for any fiscal year or only a portion of the 
State's allotment is allotted under subsection (c), the 
Secretary shall reallot the State's entire allotment or the 
remaining portion of its allotment, as the case may be, to the 
remaining States in accordance with subsection (b).

SEC. 2112. STATE APPLICATION.

  (a) In General.--For a State to be eligible to receive a 
grant under this subpart, the State educational agency shall 
submit an application to the Secretary at such time and in such 
a manner as the Secretary may reasonably require, which shall 
include the following:
          (1) A description of how the State educational agency 
        will meet the requirements of this subpart.
          (2) A description of how the State educational agency 
        will use a grant received under section 2111, including 
        the grant funds the State will reserve for State-level 
        activities under section 2113(a)(2).
          (3) A description of how the State educational agency 
        will facilitate the sharing of evidence-based and other 
        effective strategies among local educational agencies.
          (4) In the case of a State educational agency that is 
        not developing or implementing a statewide teacher 
        evaluation system, a description of how the State 
        educational agency will ensure that each local 
        educational agency in the State receiving a subgrant 
        under subpart 2 will implement a teacher evaluation 
        system that meets the requirements of clauses (i) 
        through (v) of section 2123(1)(A).
          (5) In the case of a State educational agency that is 
        developing or implementing a statewide teacher 
        evaluation system--
                  (A) a description of how the State 
                educational agency will work with local 
                educational agencies in the State to implement 
                the statewide teacher evaluation system within 
                3 years of the date of enactment of the 
                Encouraging Innovation and Effective Teachers 
                Act; and
                  (B) an assurance that the statewide teacher 
                evaluation system complies with clauses (i) 
                through (v) of section 2123(1)(A).
          (6) An assurance that the State educational agency 
        will comply with section 5501 (regarding participation 
        by private school children and teachers).
  (b) Deemed Approval.--An application submitted by a State 
educational agency under subsection (a) shall be deemed to be 
approved by the Secretary unless the Secretary makes a written 
determination, prior to the expiration of the 120-day period 
beginning on the date on which the Secretary received the 
application, that the application is not in compliance with 
this subpart.
  (c) Disapproval.--The Secretary shall not finally disapprove 
an application, except after giving the State educational 
agency notice and an opportunity for a hearing.
  (d) Notification.--If the Secretary finds that an application 
is not in compliance, in whole or in part, with this subpart, 
the Secretary shall--
          (1) give the State educational agency notice and an 
        opportunity for a hearing; and
          (2) notify the State educational agency of the 
        finding of noncompliance and, in such notification, 
        shall--
                  (A) cite the specific provisions in the 
                application that are not in compliance; and
                  (B) request additional information, only as 
                to the noncompliant provisions, needed to make 
                the application compliant.
  (e) Response.--If a State educational agency responds to a 
notification from the Secretary under subsection (d)(2) during 
the 45-day period beginning on the date on which the agency 
received the notification, and resubmits the application with 
the requested information described in subsection (d)(2)(B), 
the Secretary shall approve or disapprove such application 
prior to the later of--
          (1) the expiration of the 45-day period beginning on 
        the date on which the application is resubmitted; or
          (2) the expiration of the 120-day period described in 
        subsection (b).
  (f) Failure to Respond.--If a State educational agency does 
not respond to a notification from the Secretary under 
subsection (d)(2) during the 45-day period beginning on the 
date on which the agency received the notification, such 
application shall be deemed to be disapproved.

SEC. 2113. STATE USE OF FUNDS.

  (a) In General.--A State educational agency that receives a 
grant under section 2111 shall--
          (1) reserve 95 percent of the grant funds to make 
        subgrants to local educational agencies under subpart 
        2; and
          (2) use the remainder of the funds, after reserving 
        funds under paragraph (1), for the State activities 
        described in subsection (b), except that the State may 
        reserve not more than 1 percent of the grant funds for 
        planning and administration related to carrying out 
        activities described in subsection (b).
  (b) State-Level Activities.--A State educational agency that 
receives a grant under section 2111--
          (1) shall use the amount described in subsection 
        (a)(2) to--
                  (A) provide training and technical assistance 
                to local educational agencies on--
                          (i) in the case of a State 
                        educational agency not implementing a 
                        statewide teacher evaluation system--
                                  (I) the development and 
                                implementation of a teacher 
                                evaluation system that meets 
                                the requirements of clauses (i) 
                                through (v) of section 
                                2123(1)(A); and
                                  (II) training school leaders 
                                in using such evaluation 
                                system; or
                          (ii) in the case of a State 
                        educational agency implementing a 
                        statewide teacher evaluation system, 
                        implementing such evaluation system; 
                        and
                  (B) fulfill the State educational agency's 
                responsibilities with respect to the proper and 
                efficient administration of the subgrant 
                program carried out under this part; and
          (2) may use the amount described in subsection (a)(2) 
        to--
                  (A) disseminate and share evidence-based and 
                other effective practices related to teacher 
                and school leader effectiveness and 
                professional development; and
                  (B) provide professional development for 
                teachers and school leaders in the State 
                consistent with clauses (i) through (v) of 
                section 2123(2)(B).

           Subpart 2--Subgrants to Local Educational Agencies

SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

  (a) In General.--Each State receiving a grant under section 
2111 shall use the funds reserved under section 2113(a)(1) to 
award subgrants to local educational agencies under this 
section.
  (b) Allocation of Funds.--From the funds reserved by a State 
under section 2113(a)(1), the State educational agency shall 
allocate to each local educational agency in the State the sum 
of--
          (1) an amount that bears the same relationship to 50 
        percent of the funds as the number of individuals age 5 
        through 17 in the geographic area served by the local 
        educational agency, as determined by the State on the 
        basis of the most recent satisfactory data, bears to 
        the number of those individuals in the geographic areas 
        served by all the local educational agencies in the 
        State, as so determined; and
          (2) an amount that bears the same relationship to 50 
        percent of the funds as the number of individuals age 5 
        through 17 from families with incomes below the poverty 
        line in the geographic area served by the local 
        educational agency, as determined by the State on the 
        basis of the most recent satisfactory data, bears to 
        the number of those individuals in the geographic areas 
        served by all the local educational agencies in the 
        State, as so determined.

SEC. 2122. LOCAL APPLICATIONS.

  To be eligible to receive a subgrant under this subpart, a 
local educational agency shall submit an application to the 
State educational agency involved at such time, in such a 
manner, and containing such information as the State 
educational agency may reasonably require that, at a minimum, 
shall include the following:
          (1) A description of--
                  (A) how the local educational agency will 
                meet the requirements of this subpart;
                  (B) how the activities to be carried out by 
                the local educational agency under this subpart 
                will be evidence-based, improve student 
                academic achievement, and improve teacher and 
                school leader effectiveness;
                  (C) in the case of a local educational agency 
                not in a State with a statewide teacher 
                evaluation system, the teacher evaluation 
                system that will be developed and implemented 
                under section 2123(1) and how such system will 
                meet the requirements described in clauses (i) 
                through (v) of section 2123(1)(A);
                  (D) how, in developing and implementing such 
                a teacher evaluation system, the local 
                educational agency will work with parents, 
                teachers, school leaders, and other staff of 
                the schools served by the local educational 
                agency; and
                  (E) how the local educational agency will 
                develop and implement such a teacher evaluation 
                system within 3 years of the date of enactment 
                of the Encouraging Innovation and Effective 
                Teachers Act.
          (2) In the case of a local educational agency in a 
        State with a statewide teacher evaluation system, a 
        description of how the local educational agency will 
        work with the State educational agency to implement the 
        statewide teacher evaluation system within 3 years of 
        the date of enactment of the Encouraging Innovation and 
        Effective Teachers Act.
          (3) An assurance that the local educational agency 
        will comply with section 5501 (regarding participation 
        by private school children and teachers).

SEC. 2123. LOCAL USE OF FUNDS.

  A local educational agency receiving a subgrant under this 
subpart--
          (1) shall use such funds--
                  (A) to develop and implement a teacher 
                evaluation system that--
                          (i) uses student achievement data 
                        derived from a variety of sources as a 
                        significant factor in determining a 
                        teacher's evaluation, with the weight 
                        given to such data defined by the local 
                        educational agency;
                          (ii) uses multiple measures of 
                        evaluation for evaluating teachers;
                          (iii) has more than 2 categories for 
                        rating the performance of teachers;
                          (iv) shall be used to make personnel 
                        decisions, as determined by the local 
                        educational agency; and
                          (v) is based on input from parents, 
                        school leaders, teachers, and other 
                        staff of schools served by the local 
                        educational agency; or
                  (B) in the case of a local educational agency 
                located in a State implementing a statewide 
                teacher evaluation system, to implement such 
                evaluation system; and
          (2) may use such funds for--
                  (A) the training of school leaders for the 
                purpose of evaluating teachers under a teacher 
                evaluation system described in subparagraph (A) 
                or (B) of paragraph (1), as appropriate;
                  (B) professional development for teachers and 
                school leaders that is evidence-based, job-
                embedded, and continuous, such as--
                          (i) subject-based professional 
                        development for teachers;
                          (ii) professional development aligned 
                        with the State's academic standards;
                          (iii) professional development for 
                        teachers of students with disabilities 
                        and English learners;
                          (iv) professional development for 
                        teachers identified as in need of 
                        additional support through data 
                        provided by a teacher evaluation system 
                        described in subparagraph (A) or (B) of 
                        paragraph (1), as appropriate;
                          (v) professional development based on 
                        the current science of learning, which 
                        includes research on positive brain 
                        change and cognitive skill development;
                          (vi) professional development for 
                        school leaders, including mentorship 
                        programs for such leaders; or
                          (vii) professional development on 
                        integrated, interdisciplinary, and 
                        project-based teaching strategies, 
                        including for career and technical 
                        education teachers;
                  (C) partnering with a public or private 
                organization or a consortium of such 
                organizations to develop and implement a 
                teacher evaluation system described in 
                subparagraph (A) or (B) of paragraph (1), as 
                appropriate;
                  (D) any activities authorized under section 
                2222(a); or
                  (E) class size reduction, except that the 
                local educational agency may use not more than 
                10 percent of such funds for this purpose.

                     Subpart 3--General Provisions

SEC. 2131. REPORTING REQUIREMENTS.

  (a) Local Educational Agencies.--Each local educational 
agency receiving a subgrant under subpart 2 shall submit to the 
State educational agency involved, on an annual basis until the 
last year in which the local educational agency receives such 
subgrant funds, a report on--
          (1) how the local educational agency is meeting the 
        purposes of this part described in section 2101;
          (2) how the local educational agency is using such 
        subgrant funds;
          (3) the number and percentage of teachers in each 
        category established under clause (iii) of section 
        2123(1)(A), except that such report shall not reveal 
        personally identifiable information about an individual 
        teacher; and
          (4) any such other information as the State 
        educational agency may require.
  (b) State Educational Agencies.--Each State educational 
agency receiving a grant under subpart 1 shall submit to the 
Secretary a report, on an annual basis until the last year in 
which the State educational agency receives such grant funds, 
on--
          (1) how the State educational agency is meeting the 
        purposes of this part described in section 2101; and
          (2) how the State educational agency is using such 
        grant funds.

SEC. 2132. NATIONAL ACTIVITIES.

  From the funds reserved by the Secretary under section 
2111(b)(1)(A), the Secretary shall, directly or through grants 
and contracts--
          (1) provide technical assistance to States and local 
        educational agencies in carrying out activities under 
        this part; and
          (2) acting through the Institute of Education 
        Sciences, conduct national evaluations of activities 
        carried out by State educational agencies and local 
        educational agencies under this part.

SEC. 2133. STATE DEFINED.

  In this part, the term ``State'' means each of the 50 States, 
the District of Columbia, and the Commonwealth of Puerto Rico.

            PART B--TEACHER AND SCHOOL LEADER FLEXIBLE GRANT

SEC. 2201. PURPOSE.

  The purpose of this part is to improve student academic 
achievement in the core academic subjects by--
          (1) supporting all State educational agencies, local 
        educational agencies, schools, teachers, and school 
        leaders to help all students meet the State's academic 
        standards; and
          (2) increasing the number of teachers and school 
        leaders who are effective in increasing student 
        academic achievement.

                  Subpart 1--Formula Grants to States

SEC. 2211. STATE ALLOTMENTS.

  (a) Reservations.--From the amount appropriated under section 
3(a) for any fiscal year, the Secretary--
          (1) shall reserve 25 percent to award grants to 
        States under this subpart; and
          (2) of the amount reserved under paragraph (1), shall 
        reserve--
                  (A) not more than 1 percent for national 
                activities described in section 2233;
                  (B) one-half of 1 percent for allotments to 
                outlying areas on the basis of their relative 
                need, as determined by the Secretary, in 
                accordance with the purpose of this part; and
                  (C) one-half of 1 percent for the Secretary 
                of the Interior for programs under this part in 
                schools operated or funded by the Bureau of 
                Indian Education.
  (b) State Allotments.--
          (1) In general.--From the total amount reserved under 
        subsection (a)(1) for each fiscal year and not reserved 
        under subparagraphs (A) through (C) of subsection 
        (a)(2), the Secretary shall allot, and make available 
        in accordance with this section, to each State 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.
          (2) Small state minimum.--No State receiving an 
        allotment under paragraph (1) may receive less than 
        one-half of 1 percent of the total amount allotted 
        under such paragraph.
          (3) Reallotment.--If a State does not receive an 
        allotment under this subpart for a fiscal year, the 
        Secretary shall reallot the amount of the State's 
        allotment to the remaining States in accordance with 
        this section.
  (c) State Application.--In order to receive an allotment 
under this section for any fiscal year, a State shall submit an 
application to the Secretary, at such time and in such manner 
as the Secretary may reasonably require. Such application 
shall--
          (1) designate the State educational agency as the 
        agency responsible for the administration and 
        supervision of programs assisted under this part;
          (2) describe how the State educational agency will 
        use funds received under this section for State level 
        activities described in subsection (d)(3);
          (3) describe the procedures and criteria the State 
        educational agency will use for reviewing applications 
        and awarding subgrants to eligible entities under 
        section 2221 on a competitive basis;
          (4) describe how the State educational agency will 
        ensure that subgrants made under section 2221 are of 
        sufficient size and scope to support effective programs 
        that will help increase academic achievement in the 
        classroom and are consistent with the purposes of this 
        part;
          (5) describe the steps the State educational agency 
        will take to ensure that eligible entities use subgrant 
        funds received under section 2221 to carry out programs 
        that implement effective strategies, including by 
        providing ongoing technical assistance and training, 
        and disseminating evidence-based and other effective 
        strategies to such eligible entities;
          (6) describe how programs under this part will be 
        coordinated with other programs under this Act; and
          (7) include an assurance that, other than 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 decision-making processes of eligible entities 
        as to the expenditure of funds made pursuant to an 
        application submitted under section 2221(b).
  (d) State Use of Funds.--
          (1) In general.--Each State that receives an 
        allotment under this section shall reserve not less 
        than 92 percent of the amount allotted to such State 
        under subsection (b), for each fiscal year, for 
        subgrants to eligible entities under subpart 2.
          (2) State administration.--A State educational agency 
        may reserve not more than 1 percent of the amount made 
        available to the State under subsection (b) for the 
        administrative costs of carrying out such State 
        educational agency's responsibilities under this 
        subpart.
          (3) State-level activities.--
                  (A) Innovative teacher and school leader 
                activities.--A State educational agency shall 
                reserve not more than 4 percent of the amount 
                made available to the State under subsection 
                (b) to carry out 1 or more of the following 
                activities:
                          (i) Reforming teacher and school 
                        leader certification, recertification, 
                        licensing, and tenure systems to ensure 
                        that--
                                  (I) each teacher has the 
                                subject matter knowledge and 
                                teaching skills necessary to 
                                help students meet the State's 
                                academic standards; and
                                  (II) school leaders have the 
                                instructional leadership skills 
                                to help teachers instruct and 
                                students learn.
                          (ii) Carrying out programs that 
                        establish, expand, or improve 
                        alternative routes for State 
                        certification or licensure of teachers 
                        and school leaders, including such 
                        programs for--
                                  (I) mid-career professionals 
                                from other occupations, 
                                including science, technology, 
                                engineering, and math fields;
                                  (II) former military 
                                personnel; and
                                  (III) recent graduates of an 
                                institution of higher 
                                education, with a record of 
                                academic distinction, who 
                                demonstrate the potential to 
                                become effective teachers or 
                                school leaders.
                          (iii) Developing, or assisting 
                        eligible entities in developing--
                                  (I) performance-based pay 
                                systems for teachers and school 
                                leaders;
                                  (II) strategies that provide 
                                differential, incentive, or 
                                bonus pay for teachers; or
                                  (III) teacher advancement 
                                initiatives that promote 
                                professional growth and 
                                emphasize multiple career paths 
                                and pay differentiation.
                          (iv) Developing, or assisting 
                        eligible entities in developing, new 
                        teacher and school leaders induction 
                        and mentoring programs that are 
                        designed to--
                                  (I) improve instruction and 
                                student learning and 
                                achievement; and
                                  (II) increase the retention 
                                of effective teachers and 
                                school leaders.
                          (v) Providing professional 
                        development for teachers and school 
                        leaders that is focused on--
                                  (I) improving teaching and 
                                student learning and 
                                achievement in the core 
                                academic subjects; and
                                  (II) improving teaching, 
                                student learning, and 
                                achievement for students with 
                                disabilities, English learners, 
                                and other special populations.
                          (vi) Providing training and technical 
                        assistance to eligible entities that 
                        receive a subgrant under section 2221.
                          (vii) Other activities identified by 
                        the State educational agency that meet 
                        the purposes of this part, including 
                        those activities authorized under 
                        subparagraph (B).
                  (B) Teacher or school leader preparation 
                academies.--
                          (i) In general.--In the case of a 
                        State in which teacher or school leader 
                        preparation academies are allowable 
                        under State law, a State educational 
                        agency may reserve not more than 3 
                        percent of the amount made available to 
                        the State under subsection (b) to 
                        support the establishment or expansion 
                        of one or more teacher or school leader 
                        preparation academies and, subject to 
                        the limitation under clause (iii), to 
                        support State authorizers for such 
                        academies.
                          (ii) Matching requirement.--A State 
                        educational agency shall not provide 
                        funds under this subparagraph to 
                        support the establishment or expansion 
                        of a teacher or school leader 
                        preparation academy unless the academy 
                        agrees to provide, either directly or 
                        through private contributions, non-
                        Federal matching funds equal to not 
                        less than 10 percent of the amount of 
                        the funds the academy will receive 
                        under this subparagraph.
                          (iii) Funding for state 
                        authorizers.--Not more than 5 percent 
                        of funds provided to a teacher or 
                        school leader preparation academy under 
                        this subparagraph may be used to 
                        support activities of State authorizers 
                        for such academy.

SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLICATIONS.

  (a) Deemed Approval.--An application submitted by a State 
pursuant to section 2211(c) shall be deemed to be approved by 
the Secretary unless the Secretary makes a written 
determination, prior to the expiration of the 120-day period 
beginning on the date on which the Secretary received the 
application, that the application is not in compliance with 
section 2211(c).
  (b) Disapproval Process.--
          (1) In General.--The Secretary shall not finally 
        disapprove an application submitted under section 
        2211(c), except after giving the State educational 
        agency notice and an opportunity for a hearing.
          (2) Notification.--If the Secretary finds that an 
        application is not in compliance, in whole or in part, 
        with section 2211(c) the Secretary shall--
                  (A) give the State educational agency notice 
                and an opportunity for a hearing; and
                  (B) notify the State educational agency of 
                the finding of noncompliance and, in such 
                notification, shall--
                          (i) cite the specific provisions in 
                        the application that are not in 
                        compliance; and
                          (ii) request additional information, 
                        only as to the noncompliant provisions, 
                        needed to make the application 
                        compliant.
          (3) Response.--If a State educational agency responds 
        to a notification from the Secretary under paragraph 
        (2)(B) during the 45-day period beginning on the date 
        on which the State educational agency received the 
        notification, and resubmits the application with the 
        requested information described in paragraph 
        (2)(B)(ii), the Secretary shall approve or disapprove 
        such application prior to the later of--
                  (A) the expiration of the 45-day period 
                beginning on the date on which the application 
                is resubmitted; or
                  (B) the expiration of the 120-day period 
                described in subsection (a).
          (4) Failure to respond.--If the State educational 
        agency does not respond to a notification from the 
        Secretary under paragraph (2)(B) during the 45-day 
        period beginning on the date on which the State 
        educational agency received the notification, such 
        application shall be deemed to be disapproved.

               Subpart 2--Local Competitive Grant Program

SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM.

  (a) In General.--A State that receives an allotment under 
section 2211(b) for a fiscal year shall use the amount reserved 
under section 2211(d)(1) to award subgrants, on a competitive 
basis, to eligible entities in accordance with this section to 
enable such entities to carry out the programs and activities 
described in section 2222.
  (b) Application.--
          (1) In general.--To be eligible to receive a subgrant 
        under this section, an eligible entity shall submit an 
        application to the State educational agency at such 
        time, in such manner, and including such information as 
        the State educational agency may reasonably require.
          (2) Contents.--Each application submitted under 
        paragraph (1) shall include--
                  (A) a description of the programs and 
                activities to be funded and how they are 
                consistent with the purposes of this part; and
                  (B) an assurance that the eligible entity 
                will comply with section 5501 (regarding 
                participation by private school children and 
                teachers).
  (c) Peer Review.--In reviewing applications under this 
section, a State educational agency shall use a peer review 
process or other methods of assuring the quality of such 
applications but the review shall only judge the likelihood of 
the activity to increase student academic achievement. The 
reviewers shall not make a determination based on the policy of 
the proposed activity.
  (d) Geographic Diversity.--A State educational agency shall 
distribute funds under this section equitably among geographic 
areas within the State, including rural, suburban, and urban 
communities.
  (e) Duration of Awards.--A State educational agency may award 
subgrants under this section for a period of not more than 5 
years.
  (f) Matching.--An eligible entity receiving a subgrant under 
this section shall provide, either directly or through private 
contributions, non-Federal matching funds equal to not less 
than 10 percent of the amount of the subgrant.

SEC. 2222. LOCAL AUTHORIZED ACTIVITIES.

  (a) In General.--Each eligible entity receiving a subgrant 
under section 2221 shall use such subgrant funds to develop, 
implement, and evaluate comprehensive programs and activities, 
that are in accordance with the purpose of this part and--
          (1) are consistent with the principles of 
        effectiveness described in subsection (b); and
          (2) may include, among other programs and 
        activities--
                  (A) developing and implementing initiatives 
                to assist in recruiting, hiring, and retaining 
                highly effective teachers and school leaders, 
                including initiatives that provide--
                          (i) differential, incentive, or bonus 
                        pay for teachers;
                          (ii) performance-based pay systems 
                        for teachers and school leaders;
                          (iii) teacher advancement initiatives 
                        that promote professional growth and 
                        emphasize multiple career paths and pay 
                        differentiation;
                          (iv) new teacher and school leader 
                        induction and mentoring programs that 
                        are designed to improve instruction, 
                        student learning and achievement, and 
                        to increase teacher and school leader 
                        retention; and
                          (v) teacher residency programs, and 
                        school leader residency programs, 
                        designed to develop and support new 
                        teachers or new school leaders, 
                        respectively;
                  (B) supporting the establishment or expansion 
                of teacher or school leader preparation 
                academies under section 2221(d)(3)(B);
                  (C) recruiting qualified individuals from 
                other fields, including individuals from 
                science, technology, engineering, and math 
                fields, mid-career professionals from other 
                occupations, and former military personnel;
                  (D) establishing, improving, or expanding 
                model instructional programs in the core 
                academic subjects to ensure that all children 
                meet the State's academic standards;
                  (E) providing high-quality professional 
                development for teachers and school leaders 
                focused on improving teaching and student 
                learning and achievement in the core academic 
                subjects;
                  (F) implementing programs based on the 
                current science of learning, which includes 
                research on positive brain change and cognitive 
                skill development; and
                  (G) other activities and programs identified 
                as necessary by the local educational agency 
                that meet the purpose of this part.
  (b) Principles of Effectiveness.--For a program or activity 
developed pursuant to this section to meet the principles of 
effectiveness, such program or activity shall--
          (1) be based upon an assessment of objective data 
        regarding the need for programs and activities in the 
        elementary schools and secondary schools served to 
        increase the number of teachers and school leaders who 
        are effective in improving student academic 
        achievement;
          (2) reflect evidence-based research, or in the 
        absence of a strong research base, reflect effective 
        strategies in the field, that provide evidence that the 
        program or activity will improve student academic 
        achievement in the core academic subjects; and
          (3) include meaningful and ongoing consultation with, 
        and input from, teachers, school leaders, and parents, 
        in the development of the application and 
        administration of the program or activity.

                     Subpart 3--General Provisions

SEC. 2231. PERIODIC EVALUATION.

  (a) In General.--Each eligible entity and each teacher or 
school leader preparation academy that receives funds under 
this part shall undergo a periodic evaluation by the State 
educational agency involved to assess such entity's or such 
academy's progress toward achieving the purposes of this part.
  (b) Use of Results.--The results of an evaluation described 
in subsection (a) of an eligible entity or academy shall be--
          (1) used to refine, improve, and strengthen such 
        eligible entity or such academy, respectively; and
          (2) made available to the public upon request, with 
        public notice of such availability provided.

SEC. 2232. REPORTING REQUIREMENTS.

  (a) Eligible Entities and Academies.--Each eligible entity 
and each teacher or school leader preparation academy that 
receives funds from a State educational agency under this part 
shall prepare and submit annually to such State educational 
agency a report that includes--
          (1) a description of the progress of the eligible 
        entity or teacher or school leader preparation academy, 
        respectively, in meeting the purposes of this part;
          (2) a description of the programs and activities 
        conducted by the eligible entity or teacher or school 
        leader preparation academy, respectively, with funds 
        received under this part;
          (3) how the eligible entity or teacher or school 
        leader preparation academy, respectively, is using such 
        funds; and
          (4) any such other information as the State 
        educational agency may require.
  (b) State Educational Agencies.--Each State educational 
agency that receives a grant under this part shall prepare and 
submit, annually, to the Secretary a report that includes--
          (1) a description of the programs and activities 
        conducted by the State educational agency with grant 
        funds received under this part;
          (2) a description of the progress of the State 
        educational agency in meeting the purposes of this part 
        described in section 2201;
          (3) how the State educational agency is using grant 
        funds received under this part;
          (4) the methods and criteria the State educational 
        agency used to award subgrants to eligible entities 
        under section 2221 and, if applicable, funds to teacher 
        or school leader academies under section 2211(d)(3)(B); 
        and
          (5) the results of the periodic evaluations conducted 
        under section 2231.

SEC. 2233. NATIONAL ACTIVITIES.

  From the funds reserved by the Secretary under section 
2211(a)(1), the Secretary shall, directly or through grants and 
contracts--
          (1) provide technical assistance to States and 
        eligible entities in carrying out activities under this 
        part; and
          (2) acting through the Institute of Education 
        Sciences, conduct national evaluations of activities 
        carried out by States and eligible entities under this 
        part.

SEC. 2234. DEFINITIONS.

  In this part:
          (1) Eligible entity.--The term ``eligible entity'' 
        means--
                  (A) a local educational agency or consortium 
                of local educational agencies;
                  (B) an institution of higher education or 
                consortium of such institutions in partnership 
                with a local educational agency or consortium 
                of local educational agencies;
                  (C) a for-profit organization, a nonprofit 
                organization, or a consortium of for-profit or 
                nonprofit organizations in partnership with a 
                local educational agency or consortium of local 
                educational agencies; or
                  (D) a consortium of the entities described in 
                subparagraphs (B) and (C).
          (2) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.
          (3) State authorizer.--The term ``State authorizer'' 
        means an entity designated by the Governor of a State 
        to authorize teacher or school leader preparation 
        academies within the State that--
                  (A) enters into an agreement with a teacher 
                or school leader preparation academy that--
                          (i) specifies the goals expected of 
                        the academy, which, at a minimum, 
                        include the goals described in 
                        paragraph (4); and
                          (ii) does not reauthorize the academy 
                        if such goals are not met; and
                  (B) may be a nonprofit organization, a State 
                educational agency, or other public entity, or 
                consortium of such entities (including a 
                consortium of State educational agencies).
          (4) Teacher or school leader preparation academy.--
        The term ``teacher or school leader preparation 
        academy'' means a public or private entity, or a 
        nonprofit or for-profit organization, which may be an 
        institution of higher education or an organization 
        affiliated with an institution of higher education, 
        that will prepare teachers or school leaders to serve 
        in schools, and that--
                  (A) enters into an agreement with a State 
                authorizer that specifies the goals expected of 
                the academy, including--
                          (i) a requirement that prospective 
                        teachers or school leaders who are 
                        enrolled in a teacher or school leader 
                        preparation academy receive a 
                        significant part of their training 
                        through clinical preparation that 
                        partners the prospective candidate with 
                        an effective teacher or school leader, 
                        respectively, with a demonstrated 
                        record of increasing student 
                        achievement, while also receiving 
                        concurrent instruction from the academy 
                        in the content area (or areas) in which 
                        the prospective teacher or school 
                        leader will become certified or 
                        licensed;
                          (ii) the number of effective teachers 
                        or school leaders, respectively, who 
                        will demonstrate success in increasing 
                        student achievement that the academy 
                        will produce; and
                          (iii) a requirement that a teacher or 
                        school leader preparation academy will 
                        only award a certificate of completion 
                        after the graduate demonstrates that 
                        the graduate is an effective teacher or 
                        school leader, respectively, with a 
                        demonstrated record of increasing 
                        student achievement, except that an 
                        academy may award a provisional 
                        certificate for the period necessary to 
                        allow the graduate to demonstrate such 
                        effectiveness;
                  (B) does not have restrictions on the methods 
                the academy will use to train prospective 
                teacher or school leader candidates, 
                including--
                          (i) obligating (or prohibiting) the 
                        academy's faculty to hold advanced 
                        degrees or conduct academic research;
                          (ii) restrictions related to the 
                        academy's physical infrastructure;
                          (iii) restrictions related to the 
                        number of course credits required as 
                        part of the program of study;
                          (iv) restrictions related to the 
                        undergraduate coursework completed by 
                        teachers teaching or working on 
                        alternative certificates, licenses, or 
                        credentials, as long as such teachers 
                        have successfully passed all relevant 
                        State-approved content area 
                        examinations; or
                          (v) restrictions related to obtaining 
                        accreditation from an accrediting body 
                        for purposes of becoming an academy;
                  (C) limits admission to its program to 
                prospective teacher or school leader candidates 
                who demonstrate strong potential to improve 
                student achievement, based on a rigorous 
                selection process that reviews a candidate's 
                prior academic achievement or record of 
                professional accomplishment; and
                  (D) results in a certificate of completion 
                that the State may recognize as at least the 
                equivalent of a master's degree in education 
                for the purposes of hiring, retention, 
                compensation, and promotion in the State.
          (5) Teacher residency program.--The term ``teacher 
        residency program'' means a school-based teacher 
        preparation program in which a prospective teacher--
                  (A) for one academic year, teaches alongside 
                an effective teacher, as determined by a 
                teacher evaluation system implemented under 
                part A, who is the teacher of record;
                  (B) receives concurrent instruction during 
                the year described in subparagraph (A) from the 
                partner institution (as defined in section 200 
                of the Higher Education Act of 1965 (20 U.S.C. 
                1021)), which courses may be taught by local 
                educational agency personnel or residency 
                program faculty, in the teaching of the content 
                area in which the teacher will become certified 
                or licensed; and
                  (C) acquires effective teaching skills.

                 PART C--INNOVATION FOR TEACHER QUALITY

                  [Subpart 1--Transitions to Teaching

                 [CHAPTER A--TROOPS-TO-TEACHERS PROGRAM

[SEC. 2301. DEFINITIONS.

  [In this chapter:
          [(1) Armed forces.--The term ``Armed Forces'' means 
        the Army, Navy, Air Force, Marine Corps, and Coast 
        Guard.
          [(2) Member of the armed forces.--The term ``member 
        of the Armed Forces'' includes a former member of the 
        Armed Forces.
          [(3) Program.--The term ``Program'' means the Troops-
        to-Teachers Program authorized by this chapter.
          [(4) Reserve component.--The term ``reserve 
        component'' means--
                  [(A) the Army National Guard of the United 
                States;
                  [(B) the Army Reserve;
                  [(C) the Navy Reserve;
                  [(D) the Marine Corps Reserve;
                  [(E) the Air National Guard of the United 
                States;
                  [(F) the Air Force Reserve; and
                  [(G) the Coast Guard Reserve.
          [(5) Secretary concerned.--The term ``Secretary 
        concerned'' means--
                  [(A) the Secretary of the Army, with respect 
                to matters concerning a reserve component of 
                the Army;
                  [(B) the Secretary of the Navy, with respect 
                to matters concerning reserve components named 
                in subparagraphs (C) and (D) of paragraph (4);
                  [(C) the Secretary of the Air Force, with 
                respect to matters concerning a reserve 
                component of the Air Force; and
                  [(D) the Secretary of Homeland Security, with 
                respect to matters concerning the Coast Guard 
                Reserve.

[SEC. 2302. AUTHORIZATION OF TROOPS-TO-TEACHERS PROGRAM.

  [(a) Purpose.--The purpose of this section is to authorize a 
mechanism for the funding and administration of the Troops-to-
Teachers Program, which was originally established by the 
Troops-to-Teachers Program Act of 1999 (title XVII of the 
National Defense Authorization Act for Fiscal Year 2000) (20 
U.S.C. 9301 et seq.).
  [(b) Program Authorized.--The Secretary may carry out a 
program (to be known as the ``Troops-to-Teachers Program'')--
          [(1) to assist eligible members of the Armed Forces 
        described in section 2303 to obtain certification or 
        licensing as elementary school teachers, secondary 
        school teachers, or vocational or technical teachers, 
        and to become highly qualified teachers; and
          [(2) to facilitate the employment of such members--
                  [(A) by local educational agencies or public 
                charter schools that the Secretary identifies 
                as--
                          [(i) receiving grants under part A of 
                        title I as a result of having within 
                        their jurisdictions concentrations of 
                        children from low-income families; or
                          [(ii) experiencing a shortage of 
                        highly qualified teachers, in 
                        particular a shortage of science, 
                        mathematics, special education, or 
                        vocational or technical teachers; and
                  [(B) in elementary schools or secondary 
                schools, or as vocational or technical 
                teachers.
  [(c) Administration of Program.--The Secretary shall enter 
into a memorandum of agreement with the Secretary of Defense 
under which the Secretary of Defense, acting through the 
Defense Activity for Non-Traditional Education Support of the 
Department of Defense, will perform the actual administration 
of the Program, other than section 2306. Using funds 
appropriated to the Secretary to carry out this chapter, the 
Secretary shall transfer to the Secretary of Defense such 
amounts as may be necessary to administer the Program pursuant 
to the memorandum of agreement.
  [(d) Information Regarding Program.--The Secretary shall 
provide to the Secretary of Defense information regarding the 
Program and applications to participate in the Program, for 
distribution as part of preseparation counseling provided under 
section 1142 of title 10, United States Code, to members of the 
Armed Forces described in section 2303.
  [(e) Placement Assistance and Referral Services.--The 
Secretary may, with the agreement of the Secretary of Defense, 
provide placement assistance and referral services to members 
of the Armed Forces who meet the criteria described in section 
2303, including meeting education qualification requirements 
under subsection 2303(c)(2). Such members shall not be eligible 
for financial assistance under subsections (c) and (d) of 
section 2304.

[SEC. 2303. RECRUITMENT AND SELECTION OF PROGRAM PARTICIPANTS.

  [(a) Eligible Members.--The following members of the Armed 
Forces are eligible for selection to participate in the 
Program:
          [(1) Any member who--
                  [(A) on or after October 1, 1999, becomes 
                entitled to retired or retainer pay in the 
                manner provided in title 10 or title 14, United 
                States Code;
                  [(B) has an approved date of retirement that 
                is within 1 year after the date on which the 
                member submits an application to participate in 
                the Program; or
                  [(C) has been transferred to the Retired 
                Reserve.
          [(2) Any member who, on or after the date of 
        enactment of the No Child Left Behind Act of 2001--
                  [(A)(i) is separated or released from active 
                duty after 6 or more years of continuous active 
                duty immediately before the separation or 
                release; or
                  [(ii) has completed a total of at least 10 
                years of active duty service, 10 years of 
                service computed under section 12732 of title 
                10, United States Code, or 10 years of any 
                combination of such service; and
                  [(B) executes a reserve commitment agreement 
                for a period of not less than 3 years under 
                subsection (e)(2).
          [(3) Any member who, on or after the date of 
        enactment of the No Child Left Behind Act of 2001, is 
        retired or separated for physical disability under 
        chapter 61 of title 10, United States Code.
          [(4) Any member who--
                  [(A) during the period beginning on October 
                1, 1990, and ending on September 30, 1999, was 
                involuntarily discharged or released from 
                active duty for purposes of a reduction of 
                force after 6 or more years of continuous 
                active duty immediately before the discharge or 
                release; or
                  [(B) applied for the teacher placement 
                program administered under section 1151 of 
                title 10, United States Code, before the repeal 
                of that section, and satisfied the eligibility 
                criteria specified in subsection (c) of such 
                section 1151.
  [(b) Submission of Applications.--
          [(1) Form and submission.--Selection of eligible 
        members of the Armed Forces to participate in the 
        Program shall be made on the basis of applications 
        submitted to the Secretary within the time periods 
        specified in paragraph (2). An application shall be in 
        such form and contain such information as the Secretary 
        may require.
          [(2) Time for submission.--An application shall be 
        considered to be submitted on a timely basis under 
        paragraph (1) if--
                  [(A) in the case of a member described in 
                paragraph (1)(A), (2), or (3) of subsection 
                (a), the application is submitted not later 
                than 4 years after the date on which the member 
                is retired or separated or released from active 
                duty, whichever applies to the member; or
                  [(B) in the case of a member described in 
                subsection (a)(4), the application is submitted 
                not later than September 30, 2003.
  [(c) Selection Criteria.--
          [(1) Establishment.--Subject to paragraphs (2) and 
        (3), the Secretary shall prescribe the criteria to be 
        used to select eligible members of the Armed Forces to 
        participate in the Program.
          [(2) Educational background.--
                  [(A) Elementary or secondary school 
                teacher.--If a member of the Armed Forces 
                described in paragraph (1), (2), or (3) of 
                subsection (a) is applying for assistance for 
                placement as an elementary school or secondary 
                school teacher, the Secretary shall require the 
                member to have received a baccalaureate or 
                advanced degree from an accredited institution 
                of higher education.
                  [(B) Vocational or technical teacher.--If a 
                member of the Armed Forces described in 
                paragraph (1), (2), or (3) of subsection (a) is 
                applying for assistance for placement as a 
                vocational or technical teacher, the Secretary 
                shall require the member--ave received the 
                equivalent of 1 year of college from an 
                accredited institution of higher education and 
                have 6 or more years of military experience in 
                a vocational or technical field; or
                          [(ii) to otherwise meet the 
                        certification or licensing requirements 
                        for a vocational or technical teacher 
                        in the State in which the member seeks 
                        assistance for placement under the 
                        Program.
          [(3) Honorable service.--A member of the Armed Forces 
        is eligible to participate in the Program only if the 
        member's last period of service in the Armed Forces was 
        honorable, as characterized by the Secretary concerned 
        (as defined in section 101(a)(9) of title 10, United 
        States Code). A member selected to participate in the 
        Program before the retirement of the member or the 
        separation or release of the member from active duty 
        may continue to participate in the Program after the 
        retirement, separation, or release only if the member's 
        last period of service is characterized as honorable by 
        the Secretary concerned (as so defined).
  [(d) Selection Priorities.--In selecting eligible members of 
the Armed Forces to receive assistance under the Program, the 
Secretary shall give priority to members who have educational 
or military experience in science, mathematics, special 
education, or vocational or technical subjects and agree to 
seek employment as science, mathematics, or special education 
teachers in elementary schools or secondary schools or in other 
schools under the jurisdiction of a local educational agency.
  [(e) Other Conditions on Selection.--
          [(1) Selection subject to funding.--The Secretary may 
        not select an eligible member of the Armed Forces to 
        participate in the Program under this section and 
        receive financial assistance under section 2304 unless 
        the Secretary has sufficient appropriations for the 
        Program available at the time of the selection to 
        satisfy the obligations to be incurred by the United 
        States under section 2304 with respect to the member.
          [(2) Reserve commitment agreement.--The Secretary may 
        not select an eligible member of the Armed Forces 
        described in subsection (a)(2)(A) to participate in the 
        Program under this section and receive financial 
        assistance under section 2304 unless--
                  [(A) the Secretary notifies the Secretary 
                concerned and the member that the Secretary has 
                reserved a full stipend or bonus under section 
                2304 for the member; and
                  [(B) the member executes a written agreement 
                with the Secretary concerned to serve as a 
                member of the Selected Reserve of a reserve 
                component of the Armed Forces for a period of 
                not less than 3 years (in addition to any other 
                reserve commitment the member may have).

[SEC. 2304. PARTICIPATION AGREEMENT AND FINANCIAL ASSISTANCE.

  [(a) Participation Agreement.--
          [(1) In general.--An eligible member of the Armed 
        Forces selected to participate in the Program under 
        section 2303 and receive financial assistance under 
        this section shall be required to enter into an 
        agreement with the Secretary in which the member 
        agrees--
                  [(A) within such time as the Secretary may 
                require, to obtain certification or licensing 
                as an elementary school teacher, secondary 
                school teacher, or vocational or technical 
                teacher, and to become a highly qualified 
                teacher; and
                  [(B) to accept an offer of full-time 
                employment as an elementary school teacher, 
                secondary school teacher, or vocational or 
                technical teacher for not less than 3 school 
                years with a high-need local educational agency 
                or public charter school, as such terms are 
                defined in section 2101, to begin the school 
                year after obtaining that certification or 
                licensing.
          [(2) Waiver.--The Secretary may waive the 3-year 
        commitment described in paragraph (1)(B) for a 
        participant if the Secretary determines such waiver to 
        be appropriate. If the Secretary provides the waiver, 
        the participant shall not be considered to be in 
        violation of the agreement and shall not be required to 
        provide reimbursement under subsection (f), for failure 
        to meet the 3-year commitment.
  [(b) Violation of Participation Agreement; Exceptions.--A 
participant in the Program shall not be considered to be in 
violation of the participation agreement entered into under 
subsection (a) during any period in which the participant--
          [(1) is pursuing a full-time course of study related 
        to the field of teaching at an institution of higher 
        education;
          [(2) is serving on active duty as a member of the 
        Armed Forces;
          [(3) is temporarily totally disabled for a period of 
        time not to exceed 3 years as established by sworn 
        affidavit of a qualified physician;
          [(4) is unable to secure employment for a period not 
        to exceed 12 months by reason of the care required by a 
        spouse who is disabled;
          [(5) is a highly qualified teacher who is seeking and 
        unable to find full-time employment as a teacher in an 
        elementary school or secondary school or as a 
        vocational or technical teacher for a single period not 
        to exceed 27 months; or
          [(6) satisfies the provisions of additional 
        reimbursement exceptions that may be prescribed by the 
        Secretary.
  [(c) Stipend for Participants.--
          [(1) Stipend authorized.--Subject to paragraph (2), 
        the Secretary may pay to a participant in the Program 
        selected under section 2303 a stipend in an amount of 
        not more than $5,000.
          [(2) Limitation.--The total number of stipends that 
        may be paid under paragraph (1) in any fiscal year may 
        not exceed 5,000.
  [(d) Bonus for Participants.--
          [(1) Bonus authorized.--Subject to paragraph (2), the 
        Secretary may, in lieu of paying a stipend under 
        subsection (c), pay a bonus of $10,000 to a participant 
        in the Program selected under section 2303 who agrees 
        in the participation agreement under subsection (a) to 
        become a highly qualified teacher and to accept full-
        time employment as an elementary school teacher, 
        secondary school teacher, or vocational or technical 
        teacher for not less than 3 school years in a high-need 
        school.
          [(2) Limitation.--The total number of bonuses that 
        may be paid under paragraph (1) in any fiscal year may 
        not exceed 3,000.
          [(3) High-need school defined.--In this subsection, 
        the term ``high-need school'' means a public elementary 
        school, public secondary school, or public charter 
        school that meets one or more of the following 
        criteria:
                  [(A) Low-income children.--At least 50 
                percent of the students enrolled in the school 
                were from low-income families (as described in 
                section 2302(b)(2)(A)(i)).
                  [(B) Children with disabilities.--The school 
                has a large percentage of students who qualify 
                for assistance under part B of the Individuals 
                with Disabilities Education Act.
  [(e) Treatment of Stipend and Bonus.--A stipend or bonus paid 
under this section to a participant in the Program shall be 
taken into account in determining the eligibility of the 
participant for Federal student financial assistance provided 
under title IV of the Higher Education Act of 1965.
  [(f) Reimbursement Under Certain Circumstances.--
          [(1) Reimbursement required.--A participant in the 
        Program who is paid a stipend or bonus under this 
        section shall be required to repay the stipend or bonus 
        under the following circumstances:
                  [(A) Failure to obtain qualifications or 
                employment.--The participant fails to obtain 
                teacher certification or licensing, to become a 
                highly qualified teacher, or to obtain 
                employment as an elementary school teacher, 
                secondary school teacher, or vocational or 
                technical teacher as required by the 
                participation agreement under subsection (a).
                  [(B) Termination of employment.--The 
                participant voluntarily leaves, or is 
                terminated for cause from, employment as an 
                elementary school teacher, secondary school 
                teacher, or vocational or technical teacher 
                during the 3 years of required service in 
                violation of the participation agreement.
                  [(C) Failure to complete service under 
                reserve commitment agreement.--The participant 
                executed a written agreement with the Secretary 
                concerned under section 2303(e)(2) to serve as 
                a member of a reserve component of the Armed 
                Forces for a period of 3 years and fails to 
                complete the required term of service.
          [(2) Amount of reimbursement.--A participant required 
        to reimburse the Secretary for a stipend or bonus paid 
        to the participant under this section shall pay an 
        amount that bears the same ratio to the amount of the 
        stipend or bonus as the unserved portion of required 
        service bears to the 3 years of required service. Any 
        amount owed by the participant shall bear interest at 
        the rate equal to the highest rate being paid by the 
        United States on the day on which the reimbursement is 
        determined to be due for securities having maturities 
        of 90 days or less and shall accrue from the day on 
        which the participant is first notified of the amount 
        due.
          [(3) Treatment of obligation.--The obligation to 
        reimburse the Secretary under this subsection is, for 
        all purposes, a debt owing the United States. A 
        discharge in bankruptcy under title 11, United States 
        Code, shall not release a participant from the 
        obligation to reimburse the Secretary under this 
        subsection.
          [(4) Exceptions to reimbursement requirement.--A 
        participant shall be excused from reimbursement under 
        this subsection if the participant becomes permanently 
        totally disabled as established by sworn affidavit of a 
        qualified physician. The Secretary may also waive the 
        reimbursement in cases of extreme hardship to the 
        participant, as determined by the Secretary.
  [(g) Relationship to Educational Assistance Under Montgomery 
GI Bill.--The receipt by a participant in the Program of a 
stipend or bonus under this section shall not reduce or 
otherwise affect the entitlement of the participant to any 
benefits under chapter 30 of title 38, United States Code, or 
chapter 1606 of title 10, United States Code.

[SEC. 2305. PARTICIPATION BY STATES.

  [(a) Discharge of State Activities Through Consortia of 
States.--The Secretary may permit States participating in the 
Program to carry out activities authorized for such States 
under the Program through one or more consortia of such States.
  [(b) Assistance to States.--
          [(1) Grants authorized.--Subject to paragraph (2), 
        the Secretary may make grants to States participating 
        in the Program, or to consortia of such States, in 
        order to permit such States or consortia of States to 
        operate offices for purposes of recruiting eligible 
        members of the Armed Forces for participation in the 
        Program and facilitating the employment of participants 
        in the Program as elementary school teachers, secondary 
        school teachers, and vocational or technical teachers.
          [(2) Limitation.--The total amount of grants made 
        under paragraph (1) in any fiscal year may not exceed 
        $5,000,000.

[SEC. 2306. SUPPORT OF INNOVATIVE PRERETIREMENT TEACHER CERTIFICATION 
                    PROGRAMS.

  [(a) Purpose.--The purpose of this section is to provide 
funding to develop, implement, and demonstrate teacher 
certification programs.
  [(b) Development, Implementation and Demonstration.--The 
Secretary may enter into a memorandum of agreement with a State 
educational agency, an institution of higher education, or a 
consortia of State educational agencies or institutions of 
higher education, to develop, implement, and demonstrate 
teacher certification programs for members of the Armed Forces 
described in section 2303(a)(1)(B) for the purpose of assisting 
such members to consider and prepare for a career as a highly 
qualified elementary school teacher, secondary school teacher, 
or vocational or technical teacher upon retirement from the 
Armed Forces.
  [(c) Program Elements.--A teacher certification program under 
subsection (b) shall--
          [(1) provide recognition of military experience and 
        training as related to certification or licensing 
        requirements;
          [(2) provide courses of instruction that may be 
        conducted on or near a military installation;
          [(3) incorporate alternative approaches to achieve 
        teacher certification, such as innovative methods to 
        gaining field-based teaching experiences, and 
        assessment of background and experience as related to 
        skills, knowledge, and abilities required of elementary 
        school teachers, secondary school teachers, or 
        vocational or technical teachers;
          [(4) provide for courses to be delivered via distance 
        education methods; and
          [(5) address any additional requirements or 
        specifications established by the Secretary.
  [(d) Application Procedures.--
          [(1) In general.--A State educational agency or 
        institution of higher education (or a consortium of 
        State educational agencies or institutions of higher 
        education) that desires to enter into a memorandum 
        under subsection (b) shall prepare and submit to the 
        Secretary a proposal, at such time, in such manner, and 
        containing such information as the Secretary may 
        require, including an assurance that the State 
        educational agency, institution, or consortium is 
        operating a program leading to State approved teacher 
        certification.
          [(2) Preference.--The Secretary shall give preference 
        to State educational agencies, institutions, and 
        consortia that submit proposals that provide for cost 
        sharing with respect to the program involved.
  [(e) Continuation of Programs.--Upon successful completion of 
the demonstration phase of teacher certification programs 
funded under this section, the continued operation of the 
teacher certification programs shall not be the responsibility 
of the Secretary. A State educational agency, institution, or 
consortium that desires to continue a program that is funded 
under this section after such funding is terminated shall use 
amounts derived from tuition charges to continue such program.
  [(f) Funding Limitation.--The total amount obligated by the 
Secretary under this section for any fiscal year may not exceed 
$10,000,000.

[SEC. 2307. REPORTING REQUIREMENTS.

  [(a) Report Required.--Not later than March 31, 2006, the 
Secretary (in consultation with the Secretary of Defense and 
the Secretary of Homeland Security) and the Comptroller General 
of the United States shall submit to Congress a report on the 
effectiveness of the Program in the recruitment and retention 
of qualified personnel by local educational agencies and public 
charter schools.
  [(b) Elements of Report.--The report submitted under 
subsection (a) shall include information on the following:
          [(1) The number of participants in the Program.
          [(2) The schools in which the participants are 
        employed.
          [(3) The grade levels at which the participants 
        teach.
          [(4) The academic subjects taught by the 
        participants.
          [(5) The rates of retention of the participants by 
        the local educational agencies and public charter 
        schools employing the participants.
          [(6) Such other matters as the Secretary or the 
        Comptroller General of the United States, as the case 
        may be, considers to be appropriate.

               [CHAPTER B--TRANSITION TO TEACHING PROGRAM

[SEC. 2311. PURPOSES.

  [The purposes of this chapter are--
          [(1) to establish a program to recruit and retain 
        highly qualified mid-career professionals (including 
        highly qualified paraprofessionals), and recent 
        graduates of an institution of higher education, as 
        teachers in high-need schools, including recruiting 
        teachers through alternative routes to certification; 
        and
          [(2) to encourage the development and expansion of 
        alternative routes to certification under State-
        approved programs that enable individuals to be 
        eligible for teacher certification within a reduced 
        period of time, relying on the experience, expertise, 
        and academic qualifications of an individual, or other 
        factors in lieu of traditional course work in the field 
        of education.

[SEC. 2312. DEFINITIONS.

  [In this chapter:
          [(1) Eligible participant.--The term ``eligible 
        participant'' means--
                  [(A) an individual with substantial, 
                demonstrable career experience, including a 
                highly qualified paraprofessional; or
                  [(B) an individual who is a graduate of an 
                institution of higher education who--
                          [(i) has graduated not more than 3 
                        years before applying to an eligible 
                        entity to teach under this chapter; and
                          [(ii) in the case of an individual 
                        wishing to teach in a secondary school, 
                        has completed an academic major (or 
                        courses totaling an equivalent number 
                        of credit hours) in the academic 
                        subject that the individual will teach.
          [(2) High-need local educational agency.--The term 
        ``high-need local educational agency'' has the meaning 
        given the term in section 2102.
          [(3) High-need school.--The term ``high-need school'' 
        means a school that--
                  [(A) is located in an area in which the 
                percentage of students from families with 
                incomes below the poverty line is 30 percent or 
                more; or
                  [(B)(i) is located in an area with a high 
                percentage of out-of-field teachers, as defined 
                in section 2102;
                  [(ii) is within the top quartile of 
                elementary schools and secondary schools 
                statewide, as ranked by the number of unfilled, 
                available teacher positions at the schools;
                  [(iii) is located in an area in which there 
                is a high teacher turnover rate; or
                  [(iv) is located in an area in which there is 
                a high percentage of teachers who are not 
                certified or licensed.

[SEC. 2313. GRANT PROGRAM.

  [(a) In General.--The Secretary may establish a program to 
make grants on a competitive basis to eligible entities to 
develop State and local teacher corps or other programs to 
establish, expand, or enhance teacher recruitment and retention 
efforts.
  [(b) Eligible Entity.--To be eligible to receive a grant 
under this section, an entity shall be--
          [(1) a State educational agency;
          [(2) a high-need local educational agency;
          [(3) a for-profit or nonprofit organization that has 
        a proven record of effectively recruiting and retaining 
        highly qualified teachers, in a partnership with a 
        high-need local educational agency or with a State 
        educational agency;
          [(4) an institution of higher education, in a 
        partnership with a high-need local educational agency 
        or with a State educational agency;
          [(5) a regional consortium of State educational 
        agencies; or
          [(6) a consortium of high-need local educational 
        agencies.
  [(c) Priority.--In making such a grant, the Secretary shall 
give priority to a partnership or consortium that includes a 
high-need State educational agency or local educational agency.
  [(d) Application.--
          [(1) In general.--To be eligible to receive a grant 
        under this section, an entity described in subsection 
        (b) shall submit an application to the Secretary at 
        such time, in such manner, and containing such 
        information as the Secretary may require.
          [(2) Contents.--The application shall describe--
                  [(A) one or more target recruitment groups on 
                which the applicant will focus its recruitment 
                efforts;
                  [(B) the characteristics of each such target 
                group that--
                          [(i) show the knowledge and 
                        experience of the group's members; and
                          [(ii) demonstrate that the members 
                        are eligible to achieve the objectives 
                        of this section;
                  [(C) describe how the applicant will use 
                funds received under this section to develop a 
                teacher corps or other program to recruit and 
                retain highly qualified midcareer professionals 
                (which may include highly qualified 
                paraprofessionals), recent college graduates, 
                and recent graduate school graduates, as highly 
                qualified teachers in high-need schools 
                operated by high-need local educational 
                agencies;
                  [(D) explain how the program carried out 
                under the grant will meet the relevant State 
                laws (including regulations) related to teacher 
                certification or licensing and facilitate the 
                certification or licensing of such teachers;
                  [(E) describe how the grant will increase the 
                number of highly qualified teachers, in high-
                need schools operated by high-need local 
                educational agencies (in urban or rural school 
                districts), and in high-need academic subjects, 
                in the jurisdiction served by the applicant; 
                and
                  [(F) describe how the applicant will 
                collaborate, as needed, with other 
                institutions, agencies, or organizations to 
                recruit (particularly through activities that 
                have proven effective in retaining highly 
                qualified teachers), train, place, support, and 
                provide teacher induction programs to program 
                participants under this chapter, including 
                providing evidence of the commitment of the 
                institutions, agencies, or organizations to the 
                applicant's programs.
  [(e) Duration of Grants.--The Secretary may make grants under 
this section for periods of 5 years. At the end of the 5-year 
period for such a grant, the grant recipient may apply for an 
additional grant under this section.
  [(f) Equitable Distribution.--To the extent practicable, the 
Secretary shall ensure an equitable geographic distribution of 
grants under this section among the regions of the United 
States.
  [(g) Uses of Funds.--
          [(1) In general.--An entity that receives a grant 
        under this section shall use the funds made available 
        through the grant to develop a teacher corps or other 
        program in order to establish, expand, or enhance a 
        teacher recruitment and retention program for highly 
        qualified mid-career professionals (including highly 
        qualified paraprofessionals), and recent graduates of 
        an institution of higher education, who are eligible 
        participants, including activities that provide 
        alternative routes to teacher certification.
          [(2) Authorized activities.--The entity shall use the 
        funds to carry out a program that includes two or more 
        of the following activities:
                  [(A) Providing scholarships, stipends, 
                bonuses, and other financial incentives, that 
                are linked to participation in activities that 
                have proven effective in retaining teachers in 
                high-need schools operated by high-need local 
                educational agencies, to all eligible 
                participants, in an amount not to exceed $5,000 
                per participant.
                  [(B) Carrying out pre- and post-placement 
                induction or support activities that have 
                proven effective in recruiting and retaining 
                teachers, such as--
                          [(i) teacher mentoring;
                          [(ii) providing internships;
                          [(iii) providing high-quality, 
                        preservice coursework; and
                          [(iv) providing high-quality, 
                        sustained inservice professional 
                        development.
                  [(C) Carrying out placement and ongoing 
                activities to ensure that teachers are placed 
                in fields in which the teachers are highly 
                qualified to teach and are placed in high-need 
                schools.
                  [(D) Making payments to pay for costs 
                associated with accepting teachers recruited 
                under this section from among eligible 
                participants or provide financial incentives to 
                prospective teachers who are eligible 
                participants.
                  [(E) Collaborating with institutions of 
                higher education in developing and implementing 
                programs to facilitate teacher recruitment 
                (including teacher credentialing) and teacher 
                retention programs.
                  [(F) Carrying out other programs, projects, 
                and activities that are designed and have 
                proven to be effective in recruiting and 
                retaining teachers, and that the Secretary 
                determines to be appropriate.
                  [(G) Developing long-term recruitment and 
                retention strategies including developing--
                          [(i) a statewide or regionwide 
                        clearinghouse for the recruitment and 
                        placement of teachers;
                          [(ii) administrative structures to 
                        develop and implement programs to 
                        provide alternative routes to 
                        certification;
                          [(iii) reciprocity agreements between 
                        or among States for the certification 
                        or licensing of teachers; or
                          [(iv) other long-term teacher 
                        recruitment and retention strategies.
          [(3) Effective programs.--The entity shall use the 
        funds only for programs that have proven to be 
        effective in both recruiting and retaining teachers.
  [(h) Requirements.--
          [(1) Targeting.--An entity that receives a grant 
        under this section to carry out a program shall ensure 
        that participants in the program recruited with funds 
        made available under this section are placed in high-
        need schools operated by high-need local educational 
        agencies. In placing the participants in the schools, 
        the entity shall give priority to the schools that are 
        located in areas with the highest percentages of 
        students from families with incomes below the poverty 
        line.
          [(2) Supplement, not supplant.--Funds made available 
        under this section shall be used to supplement, and not 
        supplant, State and local public funds expended for 
        teacher recruitment and retention programs, including 
        programs to recruit the teachers through alternative 
        routes to certification.
          [(3) Partnerships and consortia of local educational 
        agencies.--In the case of a partnership established by 
        a local educational agency to carry out a program under 
        this chapter, or a consortium of such agencies 
        established to carry out a program under this chapter, 
        the local educational agency or consortium shall not be 
        eligible to receive funds through a State program under 
        this chapter.
  [(i) Period of Service.--A program participant in a program 
under this chapter who receives training through the program 
shall serve a high-need school operated by a high-need local 
educational agency for at least 3 years.
  [(j) Repayment.--The Secretary shall establish such 
requirements as the Secretary determines to be appropriate to 
ensure that program participants who receive a stipend or other 
financial incentive under subsection (g)(2)(A), but fail to 
complete their service obligation under subsection (i), repay 
all or a portion of such stipend or other incentive.
  [(k) Administrative Funds.--No entity that receives a grant 
under this section shall use more than 5 percent of the funds 
made available through the grant for the administration of a 
program under this chapter carried out under the grant.

[SEC. 2314. EVALUATION AND ACCOUNTABILITY FOR RECRUITING AND RETAINING 
                    TEACHERS.

  [(a) Evaluation.--Each entity that receives a grant under 
this chapter shall conduct--
          [(1) an interim evaluation of the program funded 
        under the grant at the end of the third year of the 
        grant period; and
          [(2) a final evaluation of the program at the end of 
        the fifth year of the grant period.
  [(b) Contents.--In conducting the evaluation, the entity 
shall describe the extent to which local educational agencies 
that received funds through the grant have met the goals 
relating to teacher recruitment and retention described in the 
application.
  [(c) Reports.--The entity shall prepare and submit to the 
Secretary and to Congress interim and final reports containing 
the results of the interim and final evaluations, respectively.
  [(d) Revocation.--If the Secretary determines that the 
recipient of a grant under this chapter has not made 
substantial progress in meeting such goals and the objectives 
of the grant by the end of the third year of the grant period, 
the Secretary--
          [(1) shall revoke the payment made for the fourth 
        year of the grant period; and
          [(2) shall not make a payment for the fifth year of 
        the grant period.

                     [CHAPTER C--GENERAL PROVISIONS

[SEC. 2321. AUTHORIZATION OF APPROPRIATIONS.

  [(a) In General.--There are authorized to be appropriated to 
carry out this subpart $150,000,000 for fiscal year 2002 and 
such sums as may be necessary for each of the 5 succeeding 
fiscal years.
  [(b) Reservation.--From the funds appropriated to carry out 
this subpart for fiscal year 2002, the Secretary shall reserve 
not more than $30,000,000 to carry out chapter A.

                  [Subpart 2--National Writing Project

[SEC. 2331. PURPOSES.

  [The purposes of this subpart are--
          [(1) to support and promote the expansion of the 
        National Writing Project network of sites so that 
        teachers in every region of the United States will have 
        access to a National Writing Project program;
          [(2) to ensure the consistent high quality of the 
        sites through ongoing review, evaluation, and technical 
        assistance;
          [(3) to support and promote the establishment of 
        programs to disseminate effective practices and 
        research findings about the teaching of writing; and
          [(4) to coordinate activities assisted under this 
        subpart with activities assisted under this Act.

[SEC. 2332. NATIONAL WRITING PROJECT.

  [(a) Authorization.--The Secretary is authorized to award a 
grant to the National Writing Project, a nonprofit educational 
organization that has as its primary purpose the improvement of 
the quality of student writing and learning (hereafter in this 
section referred to as the ``grantee'') to improve the teaching 
of writing and the use of writing as a part of the learning 
process in our Nation's classrooms.
  [(b) Requirements of Grant.--The grant shall provide that--
          [(1) the grantee will enter into contracts with 
        institutions of higher education or other nonprofit 
        educational providers (hereafter in this section 
        referred to as ``contractors'') under which the 
        contractors will agree to establish, operate, and 
        provide the non-Federal share of the cost of teacher 
        training programs in effective approaches and processes 
        for the teaching of writing;
          [(2) funds made available by the Secretary to the 
        grantee pursuant to any contract entered into under 
        this section will be used to pay the Federal share of 
        the cost of establishing and operating teacher training 
        programs as provided in paragraph (1); and
          [(3) the grantee will meet such other conditions and 
        standards as the Secretary determines to be necessary 
        to assure compliance with the provisions of this 
        section and will provide such technical assistance as 
        may be necessary to carry out the provisions of this 
        section.
  [(c) Teacher Training Programs.--The teacher training 
programs authorized in subsection (a) shall--
          [(1) be conducted during the school year and during 
        the summer months;
          [(2) train teachers who teach grades kindergarten 
        through college;
          [(3) select teachers to become members of a National 
        Writing Project teacher network whose members will 
        conduct writing workshops for other teachers in the 
        area served by each National Writing Project site; and
          [(4) encourage teachers from all disciplines to 
        participate in such teacher training programs.
  [(d) Federal Share.--
          [(1) In general.--Except as provided in paragraph (2) 
        or (3) and for purposes of subsection (a), the term 
        ``Federal share'' means, with respect to the costs of 
        teacher training programs authorized in subsection (a), 
        50 percent of such costs to the contractor.
          [(2) Waiver.--The Secretary may waive the provisions 
        of paragraph (1) on a case-by-case basis if the 
        National Advisory Board described in subsection (e) 
        determines, on the basis of financial need, that such 
        waiver is necessary.
          [(3) Maximum.--The Federal share of the costs of 
        teacher training programs conducted pursuant to 
        subsection (a) may not exceed $100,000 for any one 
        contractor, or $200,000 for a statewide program 
        administered by any one contractor in at least five 
        sites throughout the State.
  [(e) National Advisory Board.--
          [(1) Establishment.--The National Writing Project 
        shall establish and operate a National Advisory Board.
          [(2) Composition.--The National Advisory Board 
        established pursuant to paragraph (1) shall consist 
        of--
                  [(A) national educational leaders;
                  [(B) leaders in the field of writing; and
                  [(C) such other individuals as the National 
                Writing Project determines necessary.
          [(3) Duties.--The National Advisory Board established 
        pursuant to paragraph (1) shall--
                  [(A) advise the National Writing Project on 
                national issues related to student writing and 
                the teaching of writing;
                  [(B) review the activities and programs of 
                the National Writing Project; and
                  [(C) support the continued development of the 
                National Writing Project.
  [(f) Evaluation.--
          [(1) In general.--The Secretary shall conduct an 
        independent evaluation by grant or contract of the 
        teacher training programs administered pursuant to this 
        subpart. Such evaluation shall specify the amount of 
        funds expended by the National Writing Project and each 
        contractor receiving assistance under this section for 
        administrative costs. The results of such evaluation 
        shall be made available to the appropriate committees 
        of Congress.
          [(2) Funding limitation.--The Secretary shall reserve 
        not more than $150,000 from the total amount 
        appropriated pursuant to the authority of subsection 
        (h) for fiscal year 2002 and each of the 5 succeeding 
        fiscal years to conduct the evaluation described in 
        paragraph (1).
  [(g) Application Review.--
          [(1) Review board.--The National Writing Project 
        shall establish and operate a National Review Board 
        that shall consist of--
                  [(A) leaders in the field of research in 
                writing; and
                  [(B) such other individuals as the National 
                Writing Project deems necessary.
          [(2) Duties.--The National Review Board shall--
                  [(A) review all applications for assistance 
                under this subsection; and
                  [(B) recommend applications for assistance 
                under this subsection for funding by the 
                National Writing Project.
  [(h) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this subpart $15,000,000 as may 
be necessary for fiscal year 2002 and each of the 5 succeeding 
fiscal years.

                      [Subpart 3--Civic Education

[SEC. 2341. SHORT TITLE.

  [This subpart may be cited as the ``Education for Democracy 
Act''.

[SEC. 2342. PURPOSE.

  [It is the purpose of this subpart--
          [(1) to improve the quality of civics and government 
        education by educating students about the history and 
        principles of the Constitution of the United States, 
        including the Bill of Rights;
          [(2) to foster civic competence and responsibility; 
        and
          [(3) to improve the quality of civic education and 
        economic education through cooperative civic education 
        and economic education exchange programs with emerging 
        democracies.

[SEC. 2343. GENERAL AUTHORITY.

  [(a) Authority.--The Secretary is authorized to award grants 
to, or enter into contracts with--
          [(1) the Center for Civic Education, to carry out 
        civic education activities under sections 2344 and 
        2345;
          [(2) the National Council on Economic Education, to 
        carry out economic education activities under section 
        2345; and
          [(3) organizations experienced in the development of 
        curricula and programs in civics and government 
        education and economic education for students in 
        elementary schools and secondary schools in countries 
        other than the United States, to carry out civic 
        education activities under section 2345.
  [(b) Distribution for Cooperative Civic Education and 
Economic Education Exchange Programs.--
          [(1) Limitation.--Not more than 40 percent of the 
        amount appropriated under section 2346 for a fiscal 
        year shall be used to carry out section 2345.
          [(2) Distribution.--Of the amount used to carry out 
        section 2345 for a fiscal year (consistent with 
        paragraph (1)), the Secretary shall use--
                  [(A) 37.5 percent for a grant or contract for 
                the Center for Civic Education;
                  [(B) 37.5 percent for a grant or contract for 
                the National Council on Economic Education; and
                  [(C) 25 percent for not less than 1, but not 
                more than 3, grants or contracts for 
                organizations described in subsection (a)(3).

[SEC. 2344. WE THE PEOPLE PROGRAM.

  [(a) The Citizen and the Constitution.--
          [(1) Educational activities.--The Center for Civic 
        Education--
                  [(A) shall use funds made available under 
                grants or contracts under section 2343(a)(1)--
                          [(i) to continue and expand the 
                        educational activities of the program 
                        entitled the ``We the People... The 
                        Citizen and the Constitution'' program 
                        administered by such center;
                          [(ii) to carry out activities to 
                        enhance student attainment of 
                        challenging academic content standards 
                        in civics and government;
                          [(iii) to provide a course of 
                        instruction on the basic principles of 
                        the Nation's constitutional democracy 
                        and the history of the Constitution of 
                        the United States, including the Bill 
                        of Rights;
                          [(iv) to provide, at the request of a 
                        participating school, school and 
                        community simulated congressional 
                        hearings following the course of 
                        instruction described in clause (iii); 
                        and
                          [(v) to provide an annual national 
                        competition of simulated congressional 
                        hearings for secondary school students 
                        who wish to participate in such a 
                        program; and
                  [(B) may use funds made available under 
                grants or contracts under section 2343(a)(1)--
                          [(i) to provide advanced, sustained, 
                        and ongoing training of teachers about 
                        the Constitution of the United States 
                        and the political system of the United 
                        States;
                          [(ii) to provide materials and 
                        methods of instruction, including 
                        teacher training, that utilize the 
                        latest advancements in educational 
                        technology; and
                          [(iii) to provide civic education 
                        materials and services to address 
                        specific problems such as the 
                        prevention of school violence and the 
                        abuse of drugs and alcohol.
          [(2) Availability of program.--The education program 
        authorized under this subsection shall be made 
        available to public and private elementary schools and 
        secondary schools, including Bureau funded schools, in 
        the 435 congressional districts, and in the District of 
        Columbia, the Commonwealth of Puerto Rico, the United 
        States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
  [(b) Project Citizen.--
          [(1) Educational activities.--The Center for Civic 
        Education--
                  [(A) shall use funds made available under 
                grants or contracts under section 2343(a)(1)--
                          [(i) to continue and expand the 
                        educational activities of the program 
                        entitled the ``We the People... Project 
                        Citizen'' program administered by the 
                        Center;
                          [(ii) to carry out activities to 
                        enhance student attainment of 
                        challenging academic content standards 
                        in civics and government;
                          [(iii) to provide a course of 
                        instruction at the middle school level 
                        on the roles of State and local 
                        governments in the Federal system 
                        established by the Constitution of the 
                        United States; and
                          [(iv) to provide an annual national 
                        showcase or competition; and
                  [(B) may use funds made available under 
                grants or contracts under section 2343(a)(1)--
                          [(i) to provide optional school and 
                        community simulated State legislative 
                        hearings;
                          [(ii) to provide advanced, sustained, 
                        and ongoing training of teachers on the 
                        roles of State and local governments in 
                        the Federal system established by the 
                        Constitution of the United States;
                          [(iii) to provide materials and 
                        methods of instruction, including 
                        teacher training, that utilize the 
                        latest advancements in educational 
                        technology; and
                          [(iv) to provide civic education 
                        materials and services to address 
                        specific problems such as the 
                        prevention of school violence and the 
                        abuse of drugs and alcohol.
          [(2) Availability of program.--The education program 
        authorized under this subsection shall be made 
        available to public and private middle schools, 
        including Bureau funded schools, in the 50 States of 
        the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the United States Virgin 
        Islands, Guam, American Samoa, and the Commonwealth of 
        the Northern Mariana Islands.
  [(c) Bureau-Funded School Defined.--In this section, the term 
``Bureau-funded school'' has the meaning given such term in 
section 1146 of the Education Amendments of 1978 (25 U.S.C. 
2026).

[SEC. 2345. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDUCATION EXCHANGE 
                    PROGRAMS.

  [(a) Cooperative Education Exchange Programs.--The Center for 
Civic Education, the National Council on Economic Education, 
and organizations described in section 2343(a)(3) shall use 
funds made available under grants or contracts under section 
2343 to carry out cooperative education exchange programs in 
accordance with this section.
  [(b) Purpose.--The purpose of the cooperative education 
exchange programs carried out under this section shall be--
          [(1) to make available to educators from eligible 
        countries exemplary curriculum and teacher training 
        programs in civics and government education, and 
        economics education, developed in the United States;
          [(2) to assist eligible countries in the adaptation, 
        implementation, and institutionalization of such 
        programs;
          [(3) to create and implement civics and government 
        education, and economic education, programs for 
        students that draw upon the experiences of the 
        participating eligible countries;
          [(4) to provide a means for the exchange of ideas and 
        experiences in civics and government education, and 
        economic education, among political, educational, 
        governmental, and private sector leaders of 
        participating eligible countries; and
          [(5) to provide support for--
                  [(A) independent research and evaluation to 
                determine the effects of educational programs 
                on students' development of the knowledge, 
                skills, and traits of character essential for 
                the preservation and improvement of 
                constitutional democracy; and
                  [(B) effective participation in, and the 
                preservation and improvement of, an efficient 
                market economy.
  [(c) Activities.--In carrying out the cooperative education 
exchange programs assisted under this section, the Center for 
Civic Education, the National Council on Economic Education, 
and organizations described in section 2343(a)(3) shall--
          [(1) provide to the participants from eligible 
        countries--
                  [(A) seminars on the basic principles of 
                United States constitutional democracy and 
                economic system, including seminars on the 
                major governmental and economic institutions 
                and systems in the United States, and visits to 
                such institutions;
                  [(B) visits to school systems, institutions 
                of higher education, and nonprofit 
                organizations conducting exemplary programs in 
                civics and government education, and economic 
                education, in the United States;
                  [(C) translations and adaptations with 
                respect to United States civics and government 
                education, and economic education, curricular 
                programs for students and teachers, and in the 
                case of training programs for teachers, 
                translations and adaptations into forms useful 
                in schools in eligible countries, and joint 
                research projects in such areas; and
                  [(D) independent research and evaluation 
                assistance--
                          [(i) to determine the effects of the 
                        cooperative education exchange programs 
                        on students' development of the 
                        knowledge, skills, and traits of 
                        character essential for the 
                        preservation and improvement of 
                        constitutional democracy; and
                          [(ii) to identify effective 
                        participation in, and the preservation 
                        and improvement of, an efficient market 
                        economy;
          [(2) provide to the participants from the United 
        States--
                  [(A) seminars on the histories, economies, 
                and systems of government of eligible 
                countries;
                  [(B) visits to school systems, institutions 
                of higher education, and organizations 
                conducting exemplary programs in civics and 
                government education, and economic education, 
                located in eligible countries;
                  [(C) assistance from educators and scholars 
                in eligible countries in the development of 
                curricular materials on the history, 
                government, and economy of such countries that 
                are useful in United States classrooms;
                  [(D) opportunities to provide onsite 
                demonstrations of United States curricula and 
                pedagogy for educational leaders in eligible 
                countries; and
                  [(E) independent research and evaluation 
                assistance to determine--
                          [(i) the effects of the cooperative 
                        education exchange programs assisted 
                        under this section on students' 
                        development of the knowledge, skills, 
                        and traits of character essential for 
                        the preservation and improvement of 
                        constitutional democracy; and
                          [(ii) effective participation in, and 
                        improvement of, an efficient market 
                        economy; and
          [(3) assist participants from eligible countries and 
        the United States to participate in international 
        conferences on civics and government education, and 
        economic education, for educational leaders, teacher 
        trainers, scholars in related disciplines, and 
        educational policymakers.
  [(d) Participants.--The primary participants in the 
cooperative education exchange programs assisted under this 
section shall be educational leaders in the areas of civics and 
government education, and economic education, including 
teachers, curriculum and teacher training specialists, scholars 
in relevant disciplines, and educational policymakers, and 
government and private sector leaders from the United States 
and eligible countries.
  [(e) Consultation.--The Secretary may award a grant to, or 
enter into a contract with, the entities described in section 
2343 to carry out programs assisted under this section only if 
the Secretary of State concurs with the Secretary that such 
grant, or contract, respectively, is consistent with the 
foreign policy of the United States.
  [(f) Avoidance of Duplication.--With the concurrence of the 
Secretary of State, the Secretary shall ensure that--
          [(1) the activities carried out under the programs 
        assisted under this section are not duplicative of 
        other activities conducted in eligible countries; and
          [(2) any institutions in eligible countries, with 
        which the Center for Civic Education, the National 
        Council on Economic Education, or organizations 
        described in section 2343(a)(3) may work in conducting 
        such activities, are creditable.
  [(g) Eligible Country Defined.--In this section, the term 
``eligible country'' means a Central European country, an 
Eastern European country, Lithuania, Latvia, Estonia, the 
independent states of the former Soviet Union as defined in 
section 3 of the FREEDOM Support Act (22 U.S.C. 5801), the 
Republic of Ireland, the province of Northern Ireland in the 
United Kingdom, and any developing country (as such term is 
defined in section 209(d) of the Education for the Deaf Act) if 
the Secretary, with the concurrence of the Secretary of State, 
determines that such developing country has a democratic form 
of government.

[SEC. 2346. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated to carry out this 
subpart $30,000,000 for fiscal year 2002 and such sums as may 
be necessary for each of the 5 succeeding fiscal years.

          [Subpart 4--Teaching of Traditional American History

[SEC. 2351. ESTABLISHMENT OF PROGRAM.

  [(a) In General.--The Secretary may establish and implement a 
program to be known as the ``Teaching American History Grant 
Program'', under which the Secretary shall award grants on a 
competitive basis to local educational agencies--
          [(1) to carry out activities to promote the teaching 
        of traditional American history in elementary schools 
        and secondary schools as a separate academic subject 
        (not as a component of social studies); and
          [(2) for the development, implementation, and 
        strengthening of programs to teach traditional American 
        history as a separate academic subject (not as a 
        component of social studies) within elementary school 
        and secondary school curricula, including the 
        implementation of activities--
                  [(A) to improve the quality of instruction; 
                and
                  [(B) to provide professional development and 
                teacher education activities with respect to 
                American history.
  [(b) Required Partnership.--A local educational agency that 
receives a grant under subsection (a) shall carry out 
activities under the grant in partnership with one or more of 
the following:
          [(1) An institution of higher education.
          [(2) A nonprofit history or humanities organization.
          [(3) A library or museum.
  [(c) Application.--To be eligible to receive an grant under 
this section, a local educational agency shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require.

[SEC. 2352. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated to carry out this 
subpart such sums as may be necessary for fiscal year 2002 and 
each of the 5 succeeding fiscal years.]

                [Subpart 5 Teacher Liability Protection]

[SEC. 2361. SHORT TITLE.

  [This subpart may be cited as the ``Paul D. Coverdell Teacher 
Protection Act of 2001''.]

SEC. [2362.] 2361. PURPOSE.

  The purpose of this subpart is to provide teachers, 
[principals] school leaders, and other school professionals the 
tools they need to undertake reasonable actions to maintain 
order, discipline, and an appropriate educational environment.

SEC. [2364.] 2362. APPLICABILITY.

  This subpart shall only apply to States that receive funds 
under this Act, and shall apply to such a State as a condition 
of receiving such funds.

SEC. [2365.] 2363. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.

  (a) * * *

           *       *       *       *       *       *       *

SEC. [2366.] 2364. LIMITATION ON LIABILITY FOR TEACHERS.

  (a) * * *
  (b) Exceptions to Teacher Liability Protection.--If the laws 
of a State limit teacher liability subject to one or more of 
the following conditions, such conditions shall not be 
construed as inconsistent with this section:
          (1) * * *

           *       *       *       *       *       *       *

          [ate law] (3) A State law that makes a limitation of 
        liability inapplicable if the civil action was brought 
        by an officer of a State or local government pursuant 
        to State or local law.

           *       *       *       *       *       *       *

SEC. [2367.] 2365. ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC LOSS.

  (a) * * *

           *       *       *       *       *       *       *

SEC. [2363.] 2366. DEFINITIONS.

  For purposes of this subpart:
          (1) * * *

           *       *       *       *       *       *       *

          (6) Teacher.--The term ``teacher'' means--
                  (A) a teacher, instructor, [principal] school 
                leader, or administrator;

           *       *       *       *       *       *       *

[SEC. 2368. EFFECTIVE DATE.

  [(a) In General.--This subpart shall take effect 90 days 
after the date of enactment of the No Child Left Behind Act of 
2001.
  [(b) Application.--This subpart applies to any claim for harm 
caused by an act or omission of a teacher if that claim is 
filed on or after the effective date of the No Child Left 
Behind Act of 2001 without regard to whether the harm that is 
the subject of the claim or the conduct that caused the harm 
occurred before such effective date.]

            [PART D--ENHANCING EDUCATION THROUGH TECHNOLOGY

[SEC. 2401. SHORT TITLE.

  [This part may be cited as the ``Enhancing Education Through 
Technology Act of 2001''.

[SEC. 2402. PURPOSES AND GOALS.

  [(a) Purposes.--The purposes of this part are the following:
          [(1) To provide assistance to States and localities 
        for the implementation and support of a comprehensive 
        system that effectively uses technology in elementary 
        schools and secondary schools to improve student 
        academic achievement.
          [(2) To encourage the establishment or expansion of 
        initiatives, including initiatives involving public-
        private partnerships, designed to increase access to 
        technology, particularly in schools served by high-need 
        local educational agencies.
          [(3) To assist States and localities in the 
        acquisition, development, interconnection, 
        implementation, improvement, and maintenance of an 
        effective educational technology infrastructure in a 
        manner that expands access to technology for students 
        (particularly for disadvantaged students) and teachers.
          [(4) To promote initiatives that provide school 
        teachers, principals, and administrators with the 
        capacity to integrate technology effectively into 
        curricula and instruction that are aligned with 
        challenging State academic content and student academic 
        achievement standards, through such means as high-
        quality professional development programs.
          [(5) To enhance the ongoing professional development 
        of teachers, principals, and administrators by 
        providing constant access to training and updated 
        research in teaching and learning through electronic 
        means.
          [(6) To support the development and utilization of 
        electronic networks and other innovative methods, such 
        as distance learning, of delivering specialized or 
        rigorous academic courses and curricula for students in 
        areas that would not otherwise have access to such 
        courses and curricula, particularly in geographically 
        isolated regions.
          [(7) To support the rigorous evaluation of programs 
        funded under this part, particularly regarding the 
        impact of such programs on student academic 
        achievement, and ensure that timely information on the 
        results of such evaluations is widely accessible 
        through electronic means.
          [(8) To support local efforts using technology to 
        promote parent and family involvement in education and 
        communication among students, parents, teachers, 
        principals, and administrators.
  [(b) Goals.--
          [(1) Primary goal.--The primary goal of this part is 
        to improve student academic achievement through the use 
        of technology in elementary schools and secondary 
        schools.
          [(2) Additional goals.--The additional goals of this 
        part are the following:
                  [(A) To assist every student in crossing the 
                digital divide by ensuring that every student 
                is technologically literate by the time the 
                student finishes the eighth grade, regardless 
                of the student's race, ethnicity, gender, 
                family income, geographic location, or 
                disability.
                  [(B) To encourage the effective integration 
                of technology resources and systems with 
                teacher training and curriculum development to 
                establish research-based instructional methods 
                that can be widely implemented as best 
                practices by State educational agencies and 
                local educational agencies.

[SEC. 2403. DEFINITIONS.

  [In this part:
          [(1) Eligible local entity.--The term ``eligible 
        local entity'' means--
                  [(A) a high-need local educational agency; or
                  [(B) an eligible local partnership.
          [(2) Eligible local partnership.--The term ``eligible 
        local partnership'' means a partnership that--
                  [(A) shall include at least one high-need 
                local educational agency and at least one--
                          [(i) local educational agency that 
                        can demonstrate that teachers in 
                        schools served by the agency are 
                        effectively integrating technology and 
                        proven teaching practices into 
                        instruction, based on a review of 
                        relevant research, and that the 
                        integration results in improvement in--
                                  [(I) classroom instruction in 
                                the core academic subjects; and
                                  [(II) the preparation of 
                                students to meet challenging 
                                State academic content and 
                                student academic achievement 
                                standards;
                          [(ii) institution of higher education 
                        that is in full compliance with the 
                        reporting requirements of section 
                        207(f) of the Higher Education Act of 
                        1965 and that has not been identified 
                        by its State as low-performing under 
                        section 208 of such Act;
                          [(iii) for-profit business or 
                        organization that develops, designs, 
                        manufactures, or produces technology 
                        products or services, or has 
                        substantial expertise in the 
                        application of technology in 
                        instruction; or
                          [(iv) public or private nonprofit 
                        organization with demonstrated 
                        experience in the application of 
                        educational technology to instruction; 
                        and
                  [(B) may include other local educational 
                agencies, educational service agencies, 
                libraries, or other educational entities 
                appropriate to provide local programs.
          [(3) High-need local educational agency.--The term 
        ``high-need local educational agency'' means a local 
        educational agency that--
                  [(A) is among the local educational agencies 
                in a State with the highest numbers or 
                percentages of children from families with 
                incomes below the poverty line; and
                  [(B)(i) operates one or more schools 
                identified under section 1116; or
                  [(ii) has a substantial need for assistance 
                in acquiring and using technology.

[SEC. 2404. AUTHORIZATION OF APPROPRIATIONS.

  [(a) In General.--There are authorized to be appropriated to 
carry out subparts 1 and 2, $1,000,000,000 for fiscal year 
2002, and such sums as may be necessary for each of the 5 
succeeding fiscal years.
  [(b) Allocation of Funds Between State and Local and National 
Initiatives.--The amount of funds made available under 
subsection (a) for a fiscal year shall be allocated so that--
          [(1) not less than 98 percent is made available to 
        carry out subpart 1; and
          [(2) not more than 2 percent is made available to 
        carry out subpart 2.
  [(c) Allocation of Funds for Study.--Of the total amount of 
funds allocated under subsection (b)(2) for fiscal years 2002 
through 2007, not more than $15,000,000 may be used to carry 
out section 2421(a).
  [(d) Limitation.--Of the amount of funds made available to a 
recipient of funds under this part for a fiscal year, not more 
than 5 percent may be used by the recipient for administrative 
costs or technical assistance, of which not more than 60 
percent may be used by the recipient for administrative costs.

             [Subpart 1--State and Local Technology Grants

[SEC. 2411. ALLOTMENT AND REALLOTMENT.

  [(a) Reservations and Allotment.--From the amount made 
available to carry out this subpart under section 2404(b)(1) 
for a fiscal year--
          [(1) the Secretary shall reserve--
                  [(A) three-fourths of 1 percent for the 
                Secretary of the Interior for programs under 
                this subpart for schools operated or funded by 
                the Bureau of Indian Affairs;
                  [(B) one-half of 1 percent to provide 
                assistance under this subpart to the outlying 
                areas; and
                  [(C) such sums as may be necessary for 
                continuation awards on grants awarded under 
                section 3136 prior to the date of enactment of 
                the No Child Left Behind Act of 2001; and
          [(2) from the remainder of such amount and subject to 
        subsection (b), the Secretary shall make grants by 
        allotting to each eligible State educational agency 
        under this subpart an amount that bears the same 
        relationship to such remainder for such year as the 
        amount received under part A of title I for such year 
        by such State educational agency bears to the amount 
        received under such part for such year by all State 
        educational agencies.
  [(b) Minimum Allotment.--The amount of any State educational 
agency's allotment under subsection (a)(2) for any fiscal year 
may not be less than one-half of 1 percent of the amount made 
available for allotments to States under this part for such 
year.
  [(c) Reallotment of Unused Funds.--If any State educational 
agency does not apply for an allotment under this subpart for a 
fiscal year, or does not use its entire allotment under this 
subpart for that fiscal year, the Secretary shall reallot the 
amount of the State educational agency's allotment, or the 
unused portion of the allotment, to the remaining State 
educational agencies that use their entire allotments under 
this subpart in accordance with this section.
  [(d) State Educational Agency Defined.--In this section, the 
term ``State educational agency'' does not include an agency of 
an outlying area or the Bureau of Indian Affairs.

[SEC. 2412. USE OF ALLOTMENT BY STATE.

  [(a) In General.--Of the amount provided to a State 
educational agency (from the agency's allotment under section 
2411(a)(2)) for a fiscal year--
          [(1) the State educational agency may use not more 
        than 5 percent to carry out activities under section 
        2415; and
          [(2) the State educational agency shall distribute 
        the remainder as follows:
                  [(A) From 50 percent of the remainder, the 
                State educational agency shall award subgrants 
                by allocating to each eligible local 
                educational agency that has submitted an 
                application to the State educational agency 
                under section 2414, for the activities 
                described in section 2416, an amount that bears 
                the same relationship to 50 percent of the 
                remainder for such year as the amount received 
                under part A of title I for such year by such 
                local educational agency bears to the amount 
                received under such part for such year by all 
                local educational agencies within the State.
                  [(B) From 50 percent of the remainder and 
                subject to subsection (b), the State 
                educational agency shall award subgrants, 
                through a State-determined competitive process, 
                to eligible local entities that have submitted 
                applications to the State educational agency 
                under section 2414, for the activities 
                described in section 2416.
  [(b) Sufficient Amounts.--
          [(1) Special rule.--In awarding a subgrant under 
        subsection (a)(2)(B), the State educational agency 
        shall--
                  [(A) determine the local educational agencies 
                that--
                          [(i) received allocations under 
                        subsection (a)(2)(A) that are not of 
                        sufficient size to be effective, 
                        consistent with the purposes of this 
                        part; and
                          [(ii) are eligible local entities;
                  [(B) give priority to applications submitted 
                by eligible local educational agencies 
                described in subparagraph (A); and
                  [(C) determine the minimum amount for awards 
                under subsection (a)(2)(B) to ensure that 
                subgrants awarded under that subsection are of 
                sufficient size to be effective.
          [(2) Sufficiency.--In awarding subgrants under 
        subsection (a)(2)(B), each State educational agency 
        shall ensure that each subgrant is of sufficient size 
        and duration, and that the program funded by the 
        subgrant is of sufficient scope and quality, to carry 
        out the purposes of this part effectively.
          [(3) Distribution.--In awarding subgrants under 
        subsection (a)(2)(B), each State educational agency 
        shall ensure an equitable distribution of assistance 
        under this subpart among urban and rural areas of the 
        State, according to the demonstrated need of those 
        local educational agencies serving the areas.
  [(c) Fiscal Agent.--If an eligible local partnership receives 
a subgrant under subsection (a)(2)(B), a local educational 
agency in the partnership shall serve as the fiscal agent for 
the partnership.
  [(d) Technical Assistance.--Each State educational agency 
receiving a grant under section 2411(a) shall--
          [(1) identify the local educational agencies served 
        by the State educational agency that--
                  [(A) have the highest numbers or percentages 
                of children from families with incomes below 
                the poverty line; and
                  [(B) demonstrate to such State educational 
                agency the greatest need for technical 
                assistance in developing an application under 
                section 2414; and
          [(2) offer the technical assistance described in 
        paragraph (1)(B) to those local educational agencies.

[SEC. 2413. STATE APPLICATIONS.

  [(a) In General.--To be eligible to receive a grant under 
this subpart, a State educational agency shall submit to the 
Secretary, at such time and in such manner as the Secretary may 
specify, an application containing a new or updated statewide 
long-range strategic educational technology plan (which shall 
address the educational technology needs of local educational 
agencies) and such other information as the Secretary may 
reasonably require.
  [(b) Contents.--Each State application submitted under 
subsection (a) shall include each of the following:
          [(1) An outline of the State educational agency's 
        long-term strategies for improving student academic 
        achievement, including technology literacy, through the 
        effective use of technology in classrooms throughout 
        the State, including through improving the capacity of 
        teachers to integrate technology effectively into 
        curricula and instruction.
          [(2) A description of the State educational agency's 
        goals for using advanced technology to improve student 
        academic achievement, and how those goals are aligned 
        with challenging State academic content and student 
        academic achievement standards.
          [(3) A description of how the State educational 
        agency will take steps to ensure that all students and 
        teachers in the State, particularly students and 
        teachers in districts served by high-need local 
        educational agencies, have increased access to 
        technology.
          [(4) A description of the process and accountability 
        measures that the State educational agency will use to 
        evaluate the extent to which activities funded under 
        this subpart are effective in integrating technology 
        into curricula and instruction.
          [(5) A description of how the State educational 
        agency will encourage the development and utilization 
        of innovative strategies for the delivery of 
        specialized or rigorous academic courses and curricula 
        through the use of technology, including distance 
        learning technologies, particularly for those areas of 
        the State that would not otherwise have access to such 
        courses and curricula due to geographical isolation or 
        insufficient resources.
          [(6) An assurance that financial assistance provided 
        under this subpart will supplement, and not supplant, 
        State and local funds.
          [(7) A description of how the plan incorporates 
        teacher education, professional development, and 
        curriculum development, and how the State educational 
        agency will work to ensure that teachers and principals 
        in a State receiving funds under this part are 
        technologically literate.
          [(8) A description of--
                  [(A) how the State educational agency will 
                provide technical assistance to applicants 
                under section 2414, especially to those 
                applicants serving the highest numbers or 
                percentages of children in poverty or with the 
                greatest need for technical assistance; and
                  [(B) the capacity of the State educational 
                agency to provide such assistance.
          [(9) A description of technology resources and 
        systems that the State will provide for the purpose of 
        establishing best practices that can be widely 
        replicated by State educational agencies and local 
        educational agencies in the State and in other States.
          [(10) A description of the State's long-term 
        strategies for financing technology to ensure that all 
        students, teachers, and classrooms have access to 
        technology.
          [(11) A description of the State's strategies for 
        using technology to increase parental involvement.
          [(12) A description of how the State educational 
        agency will ensure that each subgrant awarded under 
        section 2412(a)(2)(B) is of sufficient size and 
        duration, and that the program funded by the subgrant 
        is of sufficient scope and quality, to carry out the 
        purposes of this part effectively.
          [(13) A description of how the State educational 
        agency will ensure ongoing integration of technology 
        into school curricula and instructional strategies in 
        all schools in the State, so that technology will be 
        fully integrated into the curricula and instruction of 
        the schools by December 31, 2006.
          [(14) A description of how the local educational 
        agencies in the State will provide incentives to 
        teachers who are technologically literate and teaching 
        in rural or urban areas, to encourage such teachers to 
        remain in those areas.
          [(15) A description of how public and private 
        entities will participate in the implementation and 
        support of the plan.
  [(c) Deemed Approval.--An application submitted by a State 
educational agency pursuant to subsection (a) shall be deemed 
to be approved by the Secretary unless the Secretary makes a 
written determination, prior to the expiration of the 120-day 
period beginning on the date on which the Secretary received 
the application, that the application is not in compliance with 
this part.
  [(d) Disapproval.--The Secretary shall not finally disapprove 
the application, except after giving the State educational 
agency notice and an opportunity for a hearing.
  [(e) Notification.--If the Secretary finds that the 
application is not in compliance, in whole or in part, with 
this part, the Secretary shall--
          [(1) give the State educational agency notice and an 
        opportunity for a hearing; and
          [(2) notify the State educational agency of the 
        finding of noncompliance and, in such notification, 
        shall--
                  [(A) cite the specific provisions in the 
                application that are not in compliance; and
                  [(B) request additional information, only as 
                to the noncompliant provisions, needed to make 
                the application compliant.
  [(f) Response.--If the State educational agency responds to 
the Secretary's notification described in subsection (e)(2) 
during the 45-day period beginning on the date on which the 
agency received the notification, and resubmits the application 
with the requested information described in subsection 
(e)(2)(B), the Secretary shall approve or disapprove such 
application prior to the later of--
          [(1) the expiration of the 45-day period beginning on 
        the date on which the application is resubmitted; or
          [(2) the expiration of the 120-day period described 
        in subsection (c).
  [(g) Failure to Respond.--If the State educational agency 
does not respond to the Secretary's notification described in 
subsection (e)(2) during the 45-day period beginning on the 
date on which the agency received the notification, such 
application shall be deemed to be disapproved.

[SEC. 2414. LOCAL APPLICATIONS.

  [(a) In General.--To be eligible to receive a subgrant from a 
State educational agency under this subpart, a local 
educational agency or eligible local entity shall submit to the 
State educational agency an application containing a new or 
updated local long-range strategic educational technology plan 
that is consistent with the objectives of the statewide 
educational technology plan described in section 2413(a), and 
such other information as the State educational agency may 
reasonably require, at such time and in such manner as the 
State educational agency may require.
  [(b) Contents.--The application shall include each of the 
following:
          [(1) A description of how the applicant will use 
        Federal funds under this subpart to improve the student 
        academic achievement, including technology literacy, of 
        all students attending schools served by the local 
        educational agency and to improve the capacity of all 
        teachers teaching in schools served by the local 
        educational agency to integrate technology effectively 
        into curricula and instruction.
          [(2) A description of the applicant's specific goals 
        for using advanced technology to improve student 
        academic achievement, aligned with challenging State 
        academic content and student academic achievement 
        standards.
          [(3) A description of the steps the applicant will 
        take to ensure that all students and teachers in 
        schools served by the local educational agency involved 
        have increased access to educational technology, 
        including how the agency would use funds under this 
        subpart (such as combining the funds with funds from 
        other sources), to help ensure that--
                  [(A) students in high-poverty and high-needs 
                schools, or schools identified under section 
                1116, have access to technology; and
                  [(B) teachers are prepared to integrate 
                technology effectively into curricula and 
                instruction.
          [(4) A description of how the applicant will--
                  [(A) identify and promote curricula and 
                teaching strategies that integrate technology 
                effectively into curricula and instruction, 
                based on a review of relevant research, leading 
                to improvements in student academic 
                achievement, as measured by challenging State 
                academic content and student academic 
                achievement standards; and
                  [(B) provide ongoing, sustained professional 
                development for teachers, principals, 
                administrators, and school library media 
                personnel serving the local educational agency, 
                to further the effective use of technology in 
                the classroom or library media center, 
                including, if applicable, a list of the 
                entities that will be partners with the local 
                educational agency involved in providing the 
                ongoing, sustained professional development.
          [(5) A description of the type and costs of 
        technologies to be acquired under this subpart, 
        including services, software, and digital curricula, 
        and including specific provisions for interoperability 
        among components of such technologies.
          [(6) A description of how the applicant will 
        coordinate activities carried out with funds provided 
        under this subpart with technology-related activities 
        carried out with funds available from other Federal, 
        State, and local sources.
          [(7) A description of how the applicant will 
        integrate technology (including software and other 
        electronically delivered learning materials) into 
        curricula and instruction, and a timeline for such 
        integration.
          [(8) A description of how the applicant will 
        encourage the development and utilization of innovative 
        strategies for the delivery of specialized or rigorous 
        academic courses and curricula through the use of 
        technology, including distance learning technologies, 
        particularly for those areas that would not otherwise 
        have access to such courses and curricula due to 
        geographical isolation or insufficient resources.
          [(9) A description of how the applicant will ensure 
        the effective use of technology to promote parental 
        involvement and increase communication with parents, 
        including a description of how parents will be informed 
        of the technology being applied in their child's 
        education so that the parents are able to reinforce at 
        home the instruction their child receives at school.
          [(10) A description of how programs will be 
        developed, where applicable, in collaboration with 
        adult literacy service providers, to maximize the use 
        of technology.
          [(11) A description of the process and accountability 
        measures that the applicant will use to evaluate the 
        extent to which activities funded under this subpart 
        are effective in integrating technology into curricula 
        and instruction, increasing the ability of teachers to 
        teach, and enabling students to meet challenging State 
        academic content and student academic achievement 
        standards.
          [(12) A description of the supporting resources (such 
        as services, software, other electronically delivered 
        learning materials, and print resources) that will be 
        acquired to ensure successful and effective uses of 
        technology.
  [(c) Combined Applications.--A local educational agency that 
is an eligible local entity and submits an application to the 
State educational agency under this section for funds awarded 
under section 2412(a)(2)(A) may combine the agency's 
application for funds awarded under that section with an 
application for funds awarded under section 2412(a)(2)(B).
  [(d) Special Rule.--
          [(1) Consortium applications.--
                  [(A) In general.--For any fiscal year, a 
                local educational agency applying for financial 
                assistance described in section 2412(a)(2)(A) 
                may apply as part of a consortium that includes 
                other local educational agencies, institutions 
                of higher education, educational service 
                agencies, libraries, or other educational 
                entities appropriate to provide local programs.
                  [(B) Fiscal agent.--If a local educational 
                agency applies for and receives financial 
                assistance described in section 2412(a)(2)(A) 
                as part of a consortium, the local educational 
                agency shall serve as the fiscal agent for the 
                consortium.
          [(2) State educational agency assistance.--At the 
        request of a local educational agency, a State 
        educational agency may assist the local educational 
        agency in the formation of a consortium described in 
        paragraph (1) to provide services for the teachers and 
        students served by the local educational agency.

[SEC. 2415. STATE ACTIVITIES.

  [From funds made available under section 2412(a)(1), a State 
educational agency shall carry out activities and assist local 
efforts to carry out the purposes of this part, which may 
include the following activities:
          [(1) Developing, or assisting applicants or 
        recipients of funds under this subpart in the 
        development and utilization of, innovative strategies 
        for the delivery of specialized or rigorous academic 
        courses and curricula through the use of technology, 
        including distance learning technologies, and providing 
        other technical assistance to such applicants or 
        recipients throughout the State, with priority given to 
        high-need local educational agencies.
          [(2) Establishing or supporting public-private 
        initiatives (such as interest-free or reduced-cost 
        loans) for the acquisition of educational technology 
        for high-need local educational agencies and students 
        attending schools served by such agencies.
          [(3) Assisting recipients of funds under this subpart 
        in providing sustained and intensive, high-quality 
        professional development based on a review of relevant 
        research in the integration of advanced technologies, 
        including emerging technologies, into curricula and 
        instruction and in using those technologies to create 
        new learning environments, including training in the 
        use of technology to--
                  [(A) access data and resources to develop 
                curricula and instructional materials;
                  [(B) enable teachers--
                          [(i) to use the Internet and other 
                        technology to communicate with parents, 
                        other teachers, principals, and 
                        administrators; and
                          [(ii) to retrieve Internet-based 
                        learning resources; and
                  [(C) lead to improvements in classroom 
                instruction in the core academic subjects, that 
                effectively prepare students to meet 
                challenging State academic content standards 
                and student academic achievement standards.
          [(4) Assisting recipients of funds under this subpart 
        in providing all students (including students with 
        disabilities and students with limited English 
        proficiency) and teachers with access to educational 
        technology.
          [(5) Developing performance measurement systems to 
        determine the effectiveness of educational technology 
        programs funded under this subpart, particularly in 
        determining the extent to which activities funded under 
        this subpart are effective in integrating technology 
        into curricula and instruction, increasing the ability 
        of teachers to teach, and enabling students to meet 
        challenging State academic content and student academic 
        achievement standards.
          [(6) Collaborating with other State educational 
        agencies on distance learning, including making 
        specialized or rigorous academic courses and curricula 
        available to students in areas that would not otherwise 
        have access to such courses and curricula.

[SEC. 2416. LOCAL ACTIVITIES.

  [(a) Professional Development.--
          [(1) In general.--A recipient of funds made available 
        under section 2412(a)(2) shall use not less than 25 
        percent of such funds to provide ongoing, sustained, 
        and intensive, high-quality professional development. 
        The recipient shall provide professional development in 
        the integration of advanced technologies, including 
        emerging technologies, into curricula and instruction 
        and in using those technologies to create new learning 
        environments, such as professional development in the 
        use of technology--
                  [(A) to access data and resources to develop 
                curricula and instructional materials;
                  [(B) to enable teachers--
                          [(i) to use the Internet and other 
                        technology to communicate with parents, 
                        other teachers, principals, and 
                        administrators; and
                          [(ii) to retrieve Internet-based 
                        learning resources; and
                  [(C) to lead to improvements in classroom 
                instruction in the core academic subjects, that 
                effectively prepare students to meet 
                challenging State academic content standards, 
                including increasing student technology 
                literacy, and student academic achievement 
                standards.
          [(2) Waivers.--Paragraph (1) shall not apply to a 
        recipient of funds made available under section 
        2412(a)(2) that demonstrates, to the satisfaction of 
        the State educational agency involved, that the 
        recipient already provides ongoing, sustained, and 
        intensive, high-quality professional development that 
        is based on a review of relevant research, to all 
        teachers in core academic subjects in the integration 
        of advanced technologies, including emerging 
        technologies, into curricula and instruction.
  [(b) Other Activities.--In addition to the activities 
described in subsection (a), a recipient of funds made 
available by a State educational agency under section 
2412(a)(2) shall use such funds to carry out other activities 
consistent with this subpart, which may include the following:
          [(1) Establishing or expanding initiatives, 
        particularly initiatives involving public-private 
        partnerships, designed to increase access to technology 
        for students and teachers, with special emphasis on the 
        access of high-need schools to technology.
          [(2) Adapting or expanding existing and new 
        applications of technology to enable teachers to 
        increase student academic achievement, including 
        technology literacy--
                  [(A) through the use of teaching practices 
                that are based on a review of relevant research 
                and are designed to prepare students to meet 
                challenging State academic content and student 
                academic achievement standards; and
                  [(B) by the development and utilization of 
                innovative distance learning strategies to 
                deliver specialized or rigorous academic 
                courses and curricula to areas that would not 
                otherwise have access to such courses and 
                curricula.
          [(3) Acquiring proven and effective courses and 
        curricula that include integrated technology and are 
        designed to help students meet challenging State 
        academic content and student academic achievement 
        standards.
          [(4) Utilizing technology to develop or expand 
        efforts to connect schools and teachers with parents 
        and students to promote meaningful parental 
        involvement, to foster increased communication about 
        curricula, assignments, and assessments between 
        students, parents, and teachers, and to assist parents 
        to understand the technology being applied in their 
        child's education, so that parents are able to 
        reinforce at home the instruction their child receives 
        at school.
          [(5) Preparing one or more teachers in elementary 
        schools and secondary schools as technology leaders who 
        are provided with the means to serve as experts and 
        train other teachers in the effective use of 
        technology, and providing bonus payments to the 
        technology leaders.
          [(6) Acquiring, adapting, expanding, implementing, 
        repairing, and maintaining existing and new 
        applications of technology, to support the school 
        reform effort and to improve student academic 
        achievement, including technology literacy.
          [(7) Acquiring connectivity linkages, resources, and 
        services (including the acquisition of hardware and 
        software and other electronically delivered learning 
        materials) for use by teachers, students, academic 
        counselors, and school library media personnel in the 
        classroom, in academic and college counseling centers, 
        or in school library media centers, in order to improve 
        student academic achievement.
          [(8) Using technology to collect, manage, and analyze 
        data to inform and enhance teaching and school 
        improvement efforts.
          [(9) Implementing performance measurement systems to 
        determine the effectiveness of education technology 
        programs funded under this subpart, particularly in 
        determining the extent to which activities funded under 
        this subpart are effective in integrating technology 
        into curricula and instruction, increasing the ability 
        of teachers to teach, and enabling students to meet 
        challenging State academic content and student academic 
        achievement standards.
          [(10) Developing, enhancing, or implementing 
        information technology courses.

               [Subpart 2--National Technology Activities

[SEC. 2421. NATIONAL ACTIVITIES.

  [(a) Study.--Using funds made available under section 
2404(b)(2), the Secretary--
          [(1) shall conduct an independent, long-term study, 
        utilizing scientifically based research methods and 
        control groups or control conditions--
                  [(A) on the conditions and practices under 
                which educational technology is effective in 
                increasing student academic achievement; and
                  [(B) on the conditions and practices that 
                increase the ability of teachers to integrate 
                technology effectively into curricula and 
                instruction, that enhance the learning 
                environment and opportunities, and that 
                increase student academic achievement, 
                including technology literacy;
          [(2) shall establish an independent review panel to 
        advise the Secretary on methodological and other issues 
        that arise in conducting the long-term study;
          [(3) shall consult with other interested Federal 
        departments or agencies, State and local educational 
        practitioners and policymakers (including teachers, 
        principals, and superintendents), and experts in 
        technology, regarding the study; and
          [(4) shall submit to Congress interim reports, when 
        appropriate, and a final report, to be submitted not 
        later than April 1, 2006, on the findings of the study.
  [(b) Dissemination.--Using funds made available under section 
2404(b)(2), the Secretary shall make widely available, 
including through dissemination on the Internet and to all 
State educational agencies and other recipients of funds under 
this part, findings identified through activities carried out 
under this section regarding the conditions and practices under 
which educational technology is effective in increasing student 
academic achievement.
  [(c) Technical Assistance.--Using funds made available under 
section 2404(b)(2), the Secretary may provide technical 
assistance (directly or through the competitive award of grants 
or contracts) to State educational agencies, local educational 
agencies, and other recipients of funds, particularly in rural 
areas, under this part, in order to assist such State 
educational agencies, local educational agencies, and other 
recipients to achieve the purposes of this part.

[SEC. 2422. NATIONAL EDUCATION TECHNOLOGY PLAN.

  [(a) In General.--Based on the Nation's progress and an 
assessment by the Secretary of the continuing and future needs 
of the Nation's schools in effectively using technology to 
provide all students the opportunity to meet challenging State 
academic content and student academic achievement standards, 
the Secretary shall update and publish, in a form readily 
accessible to the public, a national long-range technology 
plan, by not later than 12 months after the date of enactment 
of the No Child Left Behind Act of 2001.
  [(b) Contents.--The plan referred to in subsection (a) shall 
include each of the following:
          [(1) A description of the manner in which the 
        Secretary will promote--
                  [(A) higher student academic achievement 
                through the integration of advanced 
                technologies, including emerging technologies, 
                into curricula and instruction;
                  [(B) increased access to technology for 
                teaching and learning for schools with a high 
                number or percentage of children from families 
                with incomes below the poverty line; and
                  [(C) the use of technology to assist in the 
                implementation of State systemic reform 
                strategies.
          [(2) A description of joint activities of the 
        Department of Education and other Federal departments 
        or agencies that will promote the use of technology in 
        education.

                 [Subpart 3--Ready-to-Learn Television

[SEC. 2431. READY-TO-LEARN TELEVISION.

  [(a) Program Authorized.--
          [(1) In general.--The Secretary is authorized to 
        award grants to, or enter into contracts or cooperative 
        agreements with, eligible entities described in 
        paragraph (3) to enable such entities--
                  [(A) to develop, produce, and distribute 
                educational and instructional video programming 
                for preschool and elementary school children 
                and their parents in order to facilitate 
                student academic achievement;
                  [(B) to facilitate the development, directly 
                or through contracts with producers of children 
                and family educational television programming, 
                of educational programming for preschool and 
                elementary school children, and the 
                accompanying support materials and services 
                that promote the effective use of such 
                programming;
                  [(C) to facilitate the development of 
                programming and digital content containing 
                Ready-to-Learn-based children's programming and 
                resources for parents and caregivers that is 
                specially designed for nationwide distribution 
                over public television stations' digital 
                broadcasting channels and the Internet;
                  [(D) to contract with entities (such as 
                public telecommunications entities) so that 
                programs developed under this section are 
                disseminated and distributed to the widest 
                possible audience appropriate to be served by 
                the programming, and through the use of the 
                most appropriate distribution technologies; and
                  [(E) to develop and disseminate education and 
                training materials, including interactive 
                programs and programs adaptable to distance 
                learning technologies, that are designed--
                          [(i) to promote school readiness; and
                          [(ii) to promote the effective use of 
                        materials developed under subparagraphs 
                        (B) and (C) among parents, teachers, 
                        Head Start providers, Even Start 
                        providers, providers of family literacy 
                        services, child care providers, early 
                        childhood development personnel, 
                        elementary school teachers, public 
                        libraries, and after-school program 
                        personnel caring for preschool and 
                        elementary school children.
          [(2) Availability.--In awarding grants, contracts, or 
        cooperative agreements under this section, the 
        Secretary shall ensure that eligible entities make 
        programming widely available, with support materials as 
        appropriate, to young children, parents, child care 
        workers, Head Start providers, Even Start providers, 
        and providers of family literacy services to increase 
        the effective use of such programming.
          [(3) Eligible entities.--To be eligible to receive a 
        grant, contract, or cooperative agreements under this 
        section, an entity shall be a public telecommunications 
        entity that is able to demonstrate each of the 
        following:
                  [(A) A capacity for the development and 
                national distribution of educational and 
                instructional television programming of high 
                quality that is accessible by a large majority 
                of disadvantaged preschool and elementary 
                school children.
                  [(B) A capacity to contract with the 
                producers of children's television programming 
                for the purpose of developing educational 
                television programming of high quality.
                  [(C) A capacity, consistent with the entity's 
                mission and nonprofit nature, to negotiate such 
                contracts in a manner that returns to the 
                entity an appropriate share of any ancillary 
                income from sales of any program-related 
                products.
                  [(D) A capacity to localize programming and 
                materials to meet specific State and local 
                needs and to provide educational outreach at 
                the local level.
          [(4) Coordination of activities.--An entity receiving 
        a grant, contract, or cooperative agreement under this 
        section shall consult with the Secretary and the 
        Secretary of Health and Human Services--
                  [(A) to maximize the utilization of quality 
                educational programming by preschool and 
                elementary school children, and make such 
                programming widely available to federally 
                funded programs serving such populations; and
                  [(B) to coordinate activities with Federal 
                programs that have major training components 
                for early childhood development, including 
                programs under the Head Start Act (42 U.S.C. 
                9831 et seq.) and Even Start, and State 
                training activities funded under the Child Care 
                and Development Block Grant Act of 1990 (42 
                U.S.C. 9858 et seq.), regarding the 
                availability and utilization of materials 
                developed under paragraph (1)(E) to enhance 
                parent and child care provider skills in early 
                childhood development and education.
  [(b) Applications.--To be eligible to receive a grant, 
contract, or cooperative agreement under subsection (a), an 
entity shall submit to the Secretary an application at such 
time, in such manner, and containing such information as the 
Secretary may reasonably require.
  [(c) Reports and Evaluations.--
          [(1) Annual report to the secretary.--An entity 
        receiving a grant, contract, or cooperative agreement 
        under this section shall prepare and submit to the 
        Secretary an annual report that contains such 
        information as the Secretary may require. At a minimum, 
        the report shall describe the program activities 
        undertaken with funds received under the grant, 
        contract, or cooperative agreement, including each of 
        the following:
                  [(A) The programming that has been developed, 
                directly or indirectly, by the eligible entity, 
                and the target population of the programs 
                developed.
                  [(B) The support and training materials that 
                have been developed to accompany the 
                programming, and the method by which the 
                materials are distributed to consumers and 
                users of the programming.
                  [(C) The means by which programming developed 
                under this section has been distributed, 
                including the distance learning technologies 
                that have been utilized to make programming 
                available, and the geographic distribution 
                achieved through such technologies.
                  [(D) The initiatives undertaken by the entity 
                to develop public-private partnerships to 
                secure non-Federal support for the development, 
                distribution, and broadcast of educational and 
                instructional programming.
          [(2) Report to congress.--The Secretary shall prepare 
        and submit to the relevant committees of Congress a 
        biannual report that includes the following:
                  [(A) A summary of the activities assisted 
                under subsection (a).
                  [(B) A description of the education and 
                training materials made available under 
                subsection (a)(1)(E), the manner in which 
                outreach has been conducted to inform parents 
                and child care providers of the availability of 
                such materials, and the manner in which such 
                materials have been distributed in accordance 
                with such subsection.
  [(d) Administrative Costs.--An entity that receives a grant, 
contract, or cooperative agreement under this section may use 
up to 5 percent of the amount received under the grant, 
contract, or agreement for the normal and customary expenses of 
administering the grant, contract, or agreement.
  [(e) Authorization of Appropriations.--
          [(1) In general.--There are authorized to be 
        appropriated to carry out this section such sums as may 
        be necessary for fiscal year 2002, and for each of the 
        5 succeeding fiscal years.
          [(2) Funding rule.--Not less than 60 percent of the 
        amount appropriated under paragraph (1) for each fiscal 
        year shall be used to carry out activities under 
        subparagraphs (B) through (D) of subsection (a)(1).

  [Subpart 4--Limitation on Availability of Certain Funds for Schools

[SEC. 2441. INTERNET SAFETY.

  [(a) In General.--No funds made available under this part to 
a local educational agency for an elementary school or 
secondary school that does not receive services at discount 
rates under section 254(h)(5) of the Communications Act of 1934 
(47 U.S.C. 254(h)(5)) may be used to purchase computers used to 
access the Internet, or to pay for direct costs associated with 
accessing the Internet, for such school unless the school, 
school board, local educational agency, or other authority with 
responsibility for administration of such school both--
          [(1)(A) has in place a policy of Internet safety for 
        minors that includes the operation of a technology 
        protection measure with respect to any of its computers 
        with Internet access that protects against access 
        through such computers to visual depictions that are--
                  [(i) obscene;
                  [(ii) child pornography; or
                  [(iii) harmful to minors; and
          [(B) is enforcing the operation of such technology 
        protection measure during any use of such computers by 
        minors; and
          [(2)(A) has in place a policy of Internet safety that 
        includes the operation of a technology protection 
        measure with respect to any of its computers with 
        Internet access that protects against access through 
        such computers to visual depictions that are--
                  [(i) obscene; or
                  [(ii) child pornography; and
          [(B) is enforcing the operation of such technology 
        protection measure during any use of such computers.
  [(b) Timing and Applicability of Implementation.--
          [(1) In general.--The local educational agency with 
        responsibility for a school covered by subsection (a) 
        shall certify the compliance of such school with the 
        requirements of subsection (a) as part of the 
        application process for the next program funding year 
        under this Act following December 21, 2000, and for 
        each subsequent program funding year thereafter.
          [(2) Process.--
                  [(A) Schools with internet safety policies 
                and technology protection measures in place.--A 
                local educational agency with responsibility 
                for a school covered by subsection (a) that has 
                in place an Internet safety policy meeting the 
                requirements of subsection (a) shall certify 
                its compliance with subsection (a) during each 
                annual program application cycle under this 
                Act.
                  [(B) Schools without internet safety policies 
                and technology protection measures in place.--
                          [(i) Certification.--A local 
                        educational agency with responsibility 
                        for a school covered by subsection (a) 
                        that does not have in place an Internet 
                        safety policy meeting the requirements 
                        of subsection (a)--
                                  [(I) for the first program 
                                year after December 21, 2000, 
                                in which the local educational 
                                agency is applying for funds 
                                for such school under this Act, 
                                shall certify that it is 
                                undertaking such actions, 
                                including any necessary 
                                procurement procedures, to put 
                                in place an Internet safety 
                                policy that meets such 
                                requirements; and
                                  [(II) for the second program 
                                year after December 21, 2000, 
                                in which the local educational 
                                agency is applying for funds 
                                for such school under this Act, 
                                shall certify that such school 
                                is in compliance with such 
                                requirements.
                          [(ii) Ineligibility.--Any school 
                        covered by subsection (a) for which the 
                        local educational agency concerned is 
                        unable to certify compliance with such 
                        requirements in such second program 
                        year shall be ineligible for all 
                        funding under this part for such second 
                        program year and all subsequent program 
                        years until such time as such school 
                        comes into compliance with such 
                        requirements.
                  [(C) Waivers.--Any school subject to a 
                certification under subparagraph (B)(i)(II) for 
                which the local educational agency concerned 
                cannot make the certification otherwise 
                required by that subparagraph may seek a waiver 
                of that subparagraph if State or local 
                procurement rules or regulations or competitive 
                bidding requirements prevent the making of the 
                certification otherwise required by that 
                subparagraph. The local educational agency 
                concerned shall notify the Secretary of the 
                applicability of that subparagraph to the 
                school. Such notice shall certify that the 
                school will be brought into compliance with the 
                requirements in subsection (a) before the start 
                of the third program year after December 21, 
                2000, in which the school is applying for funds 
                under this part.
  [(c) Disabling During Certain Use.--An administrator, 
supervisor, or person authorized by the responsible authority 
under subsection (a) may disable the technology protection 
measure concerned to enable access for bona fide research or 
other lawful purposes.
  [(d) Noncompliance.--
          [(1) Use of general education provisions act 
        remedies.--Whenever the Secretary has reason to believe 
        that any recipient of funds under this part is failing 
        to comply substantially with the requirements of this 
        section, the Secretary may--
                  [(A) withhold further payments to the 
                recipient under this part;
                  [(B) issue a complaint to compel compliance 
                of the recipient through a cease and desist 
                order; or
                  [(C) enter into a compliance agreement with a 
                recipient to bring it into compliance with such 
                requirements,
        in same manner as the Secretary is authorized to take 
        such actions under sections 455, 456, and 457, 
        respectively, of the General Education Provisions Act.
          [(2) Recovery of funds prohibited.--The actions 
        authorized by paragraph (1) are the exclusive remedies 
        available with respect to the failure of a school to 
        comply substantially with a provision of this section, 
        and the Secretary shall not seek a recovery of funds 
        from the recipient for such failure.
          [(3) Recommencement of payments.--Whenever the 
        Secretary determines (whether by certification or other 
        appropriate evidence) that a recipient of funds who is 
        subject to the withholding of payments under paragraph 
        (1)(A) has cured the failure providing the basis for 
        the withholding of payments, the Secretary shall cease 
        the withholding of payments to the recipient under that 
        paragraph.
  [(e) Definitions.--In this subpart:
          [(1) Computer.--The term ``computer'' includes any 
        hardware, software, or other technology attached or 
        connected to, installed in, or otherwise used in 
        connection with a computer.
          [(2) Access to internet.--A computer shall be 
        considered to have access to the Internet if such 
        computer is equipped with a modem or is connected to a 
        computer network that has access to the Internet.
          [(3) Acquisition or operation.--An elementary school 
        or secondary school shall be considered to have 
        received funds under this part for the acquisition or 
        operation of any computer if such funds are used in any 
        manner, directly or indirectly--
                  [(A) to purchase, lease, or otherwise acquire 
                or obtain the use of such computer; or
                  [(B) to obtain services, supplies, software, 
                or other actions or materials to support, or in 
                connection with, the operation of such 
                computer.
          [(4) Minor.--The term ``minor'' means an individual 
        who has not attained the age of 17.
          [(5) Child pornography.--The term ``child 
        pornography'' has the meaning given that term in 
        section 2256 of title 18, United States Code.
          [(6) Harmful to minors.--The term ``harmful to 
        minors'' means any picture, image, graphic image file, 
        or other visual depiction that--
                  [(A) taken as a whole and with respect to 
                minors, appeals to a prurient interest in 
                nudity, sex, or excretion;
                  [(B) depicts, describes, or represents, in a 
                patently offensive way with respect to what is 
                suitable for minors, an actual or simulated 
                sexual act or sexual contact, actual or 
                simulated normal or perverted sexual acts, or a 
                lewd exhibition of the genitals; and
                  [(C) taken as a whole, lacks serious 
                literary, artistic, political, or scientific 
                value as to minors.
          [(7) Obscene.--The term ``obscene'' has the meaning 
        applicable to that term under section 1460 of title 18, 
        United States Code.
          [(8) Sexual act and sexual contact.--The terms 
        ``sexual act'' and ``sexual contact'' have the meanings 
        given those terms in section 2246 of title 18, United 
        States Code.
  [(f) Severability.--If any provision of this section is held 
invalid, the remainder of this section shall not be affected 
thereby.]

                       PART D--GENERAL PROVISIONS

SEC. 2401. INCLUSION OF CHARTER SCHOOLS.

  In this title, the term ``local educational agency'' includes 
a charter school (as defined in section 5101) that, in the 
absence of this section, would not have received funds under 
this title.

SEC. 2402. PARENTS' RIGHT TO KNOW.

  At the beginning of each school year, a local educational 
agency that receives funds under this title shall notify the 
parents of each student attending any school receiving funds 
under this title 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.

SEC. 2403. SUPPLEMENT, NOT SUPPLANT.

  Funds received under this title shall be used to supplement, 
and not supplant, non-Federal funds that would otherwise be 
used for activities authorized under this title.

  [TITLE III--LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND 
                           IMMIGRANT STUDENTS

[SEC. 3001. AUTHORIZATIONS OF APPROPRIATIONS; CONDITION ON 
                    EFFECTIVENESS OF PARTS.

  [(a) Authorizations of Appropriations.--
          [(1) In general.--Subject to subsection (b), there 
        are authorized to be appropriated to carry out this 
        title, except for subpart 4 of part B, $750,000,000 for 
        fiscal year 2002 and such sums as may be necessary for 
        each of the 5 succeeding fiscal years.
          [(2) Emergency immigrant education program.--There 
        are authorized to be appropriated to carry out subpart 
        4 of part B (when such part is in effect) such sums as 
        may be necessary for fiscal year 2002 and each of the 5 
        succeeding fiscal years.
  [(b) Conditions on Effectiveness of Parts A and B.--
          [(1) Part a.--Part A shall be in effect for any 
        fiscal year for which the amount appropriated under 
        paragraphs (1) and (2) of subsection (a) equals or 
        exceeds $650,000,000.
          [(2) Part b.--Part B shall be in effect only for a 
        fiscal year for which part A is not in effect.
  [(c) References.--In any fiscal year for which part A is in 
effect, references in Federal law (other than this title) to 
part B shall be considered to be references to part A. In any 
fiscal year for which part B is in effect, references in 
Federal law (other than this title) to part A shall be 
considered to be references to part B.

   [PART A--ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND 
                        ACADEMIC ACHIEVEMENT ACT

[SEC. 3101. SHORT TITLE.

  [This part may be cited as the ``English Language 
Acquisition, Language Enhancement, and Academic Achievement 
Act''.

[SEC. 3102. PURPOSES.

  [The purposes of this part are--
          [(1) to help ensure that children who are limited 
        English proficient, including immigrant children and 
        youth, attain English proficiency, develop high levels 
        of academic attainment in English, and meet the same 
        challenging State academic content and student academic 
        achievement standards as all children are expected to 
        meet;
          [(2) to assist all limited English proficient 
        children, including immigrant children and youth, to 
        achieve at high levels in the core academic subjects so 
        that those children can meet the same challenging State 
        academic content and student academic achievement 
        standards as all children are expected to meet, 
        consistent with section 1111(b)(1);
          [(3) to develop high-quality language instruction 
        educational programs designed to assist State 
        educational agencies, local educational agencies, and 
        schools in teaching limited English proficient children 
        and serving immigrant children and youth;
          [(4) to assist State educational agencies and local 
        educational agencies to develop and enhance their 
        capacity to provide high-quality instructional programs 
        designed to prepare limited English proficient 
        children, including immigrant children and youth, to 
        enter all-English instruction settings;
          [(5) to assist State educational agencies, local 
        educational agencies, and schools to build their 
        capacity to establish, implement, and sustain language 
        instruction educational programs and programs of 
        English language development for limited English 
        proficient children;
          [(6) to promote parental and community participation 
        in language instruction educational programs for the 
        parents and communities of limited English proficient 
        children;
          [(7) to streamline language instruction educational 
        programs into a program carried out through formula 
        grants to State educational agencies and local 
        educational agencies to help limited English proficient 
        children, including immigrant children and youth, 
        develop proficiency in English, while meeting 
        challenging State academic content and student academic 
        achievement standards;
          [(8) to hold State educational agencies, local 
        educational agencies, and schools accountable for 
        increases in English proficiency and core academic 
        content knowledge of limited English proficient 
        children by requiring--
                  [(A) demonstrated improvements in the English 
                proficiency of limited English proficient 
                children each fiscal year; and
                  [(B) adequate yearly progress for limited 
                English proficient children, including 
                immigrant children and youth, as described in 
                section 1111(b)(2)(B); and
          [(9) to provide State educational agencies and local 
        educational agencies with the flexibility to implement 
        language instruction educational programs, based on 
        scientifically based research on teaching limited 
        English proficient children, that the agencies believe 
        to be the most effective for teaching English.

 [Subpart 1--Grants and Subgrants for English Language Acquisition and 
                          Language Enhancement

[SEC. 3111. FORMULA GRANTS TO STATES.

  [(a) In General.--In the case of each State educational 
agency having a plan approved by the Secretary for a fiscal 
year under section 3113, the Secretary shall make a grant for 
the year to the agency for the purposes specified in subsection 
(b). The grant shall consist of the allotment determined for 
the State educational agency under subsection (c).
  [(b) Use of Funds.--
          [(1) Subgrants to eligible entities.--The Secretary 
        may make a grant under subsection (a) only if the State 
        educational agency involved agrees to expend 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 3114, to eligible entities to 
                carry out the activities described in section 
                3115 (other than subsection (e)); and
                  [(B) to award subgrants under section 
                3114(d)(1) to eligible entities that are 
                described in that section to carry out the 
                activities described in section 3115(e).
          [(2) State activities.--Subject to paragraph (3), 
        each State educational agency receiving a grant under 
        subsection (a) may reserve not more than 5 percent of 
        the agency's allotment under subsection (c) to carry 
        out one or more of the following activities:
                  [(A) Professional development activities, and 
                other activities, that assist personnel in 
                meeting State and local certification and 
                licensing requirements for teaching limited 
                English proficient children.
                  [(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 subpart, 
                including assistance in--
                          [(i) identifying and implementing 
                        language instruction educational 
                        programs and curricula that are based 
                        on scientifically based research on 
                        teaching limited English proficient 
                        children;
                          [(ii) helping limited English 
                        proficient children meet the same 
                        challenging State academic content and 
                        student academic achievement standards 
                        as all children are expected to meet;
                          [(iii) identifying or developing, and 
                        implementing, measures of English 
                        proficiency; and
                          [(iv) promoting parental and 
                        community participation in programs 
                        that serve limited English proficient 
                        children.
                  [(D) Providing recognition, which may include 
                providing financial awards, to subgrantees that 
                have exceeded their annual measurable 
                achievement objectives pursuant to section 
                3122.
          [(3) Administrative expenses.--From the amount 
        reserved under paragraph (2), a State educational 
        agency may use not more than 60 percent of such amount 
        or $175,000, whichever is greater, for the planning and 
        administrative costs of carrying out paragraphs (1) and 
        (2).
  [(c) Reservations and Allotments.--
          [(1) Reservations.--From the amount appropriated 
        under section 3001(a) for each fiscal year, the 
        Secretary shall reserve--
                  [(A) 0.5 percent or $5,000,000 of such 
                amount, whichever is greater, for payments to 
                eligible entities that are defined under 
                section 3112(a) for activities, approved by the 
                Secretary, consistent with this subpart;
                  [(B) 0.5 percent of such amount for payments 
                to outlying areas, to be allotted in accordance 
                with their respective needs for assistance 
                under this subpart, as determined by the 
                Secretary, for activities, approved by the 
                Secretary, consistent with this subpart;
                  [(C) 6.5 percent of such amount for national 
                activities under sections 3131 and 3303, except 
                that not more than 0.5 percent of such amount 
                shall be reserved for evaluation activities 
                conducted by the Secretary and not more than 
                $2,000,000 of such amount may be reserved for 
                the National Clearinghouse for English Language 
                Acquisition and Language Instruction 
                Educational Programs described in section 3303; 
                and
                  [(D) such sums as may be necessary to make 
                continuation awards under paragraph (2).
          [(2) Continuation awards.--
                  [(A) In general.--Before making allotments to 
                State educational agencies under paragraph (3) 
                for any fiscal year, the Secretary shall use 
                the sums reserved under paragraph (1)(D) to 
                make continuation awards to recipients who 
                received grants or fellowships for the fiscal 
                year preceding any fiscal year described in 
                section 3001(b)(1)(A) under--
                          [(i) subparts 1 and 3 of part A of 
                        title VII (as in effect on the day 
                        before the date of enactment of the No 
                        Child Left Behind Act of 2001); or
                          [(ii) subparts 1 and 3 of part B of 
                        this title.
                  [(B) Use of funds.--The Secretary shall make 
                the awards in order to allow such recipients to 
                receive awards for the complete period of their 
                grants or fellowships under the appropriate 
                subparts.
          [(3) State allotments.--
                  [(A) In general.--Except as provided in 
                subparagraph (B), from the amount appropriated 
                under section 3001(a) for each fiscal year that 
                remains after making the reservations under 
                paragraph (1), the Secretary shall allot to 
                each State educational agency having a plan 
                approved under section 3113(c)--
                          [(i) an amount that bears the same 
                        relationship to 80 percent of the 
                        remainder as the number of limited 
                        English proficient children in the 
                        State bears to the number of such 
                        children in all States; and
                          [(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.
                  [(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 subpart, the Secretary--
                          [(i) shall endeavor to make the 
                        State's allotment available on a 
                        competitive basis to specially 
                        qualified agencies within the State to 
                        satisfy the requirements of section 
                        3115 (and any additional requirements 
                        that the Secretary may impose), 
                        consistent with the purposes of such 
                        section, and to carry out required and 
                        authorized activities under such 
                        section; and
                          [(ii) shall reallot any portion of 
                        such allotment remaining after the 
                        application of clause (i) to the 
                        remaining State educational agencies in 
                        accordance with subparagraph (A).
                  [(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.
          [(4) Use of data for determinations.--
                  [(A) In general.--In making State allotments 
                under paragraph (3), for the purpose of 
                determining the number of limited English 
                proficient children in a State and in all 
                States, and the number of immigrant children 
                and youth in a State and in all States, for 
                each fiscal year, the Secretary shall use data 
                that will yield the most accurate, up-to-date 
                numbers of such children and youth.
                  [(B) Special rule.--
                          [(i) First 2 years.--In making 
                        determinations under subparagraph (A) 
                        for the 2 fiscal years following the 
                        date of enactment of the No Child Left 
                        Behind Act of 2001, the Secretary shall 
                        determine the number of limited English 
                        proficient children in a State and in 
                        all States, and the number of immigrant 
                        children and youth in a State and in 
                        all States, using data available from 
                        the Bureau of Census or submitted by 
                        the States to the Secretary.
                          [(ii) Subsequent years.--For 
                        subsequent fiscal years, the Secretary 
                        shall determine the number of limited 
                        English proficient children in a State 
                        and in all States, and the number of 
                        immigrant children and youth in a State 
                        and in all States, using the more 
                        accurate of--
                                  [(I) the data available from 
                                the American Community Survey 
                                available from the Department 
                                of Commerce; or
                                  [(II) the number of children 
                                being assessed for English 
                                proficiency in a State as 
                                required under section 
                                1111(b)(7).

[SEC. 3112. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL.

  [(a) Eligible Entities.--For the purpose of carrying out 
programs under this part for individuals served by elementary 
schools, secondary schools, and postsecondary schools operated 
predominately for Native American children (including Alaska 
Native children), the following shall be considered to be an 
eligible entity:
          [(1) An Indian tribe.
          [(2) A tribally sanctioned educational authority.
          [(3) A Native Hawaiian or Native American Pacific 
        Islander native language educational organization.
          [(4) An elementary school or secondary school that is 
        operated or funded by the Bureau of Indian Affairs, or 
        a consortium of such schools.
          [(5) An elementary school or secondary school 
        operated under a contract with or grant from the Bureau 
        of Indian Affairs, in consortium with another such 
        school or a tribal or community organization.
          [(6) An elementary school or secondary school 
        operated by the Bureau of Indian Affairs and an 
        institution of higher education, in consortium with an 
        elementary school or secondary school operated under a 
        contract with or grant from the Bureau of Indian 
        Affairs or a tribal or community organization.
  [(b) Submission of Applications for Assistance.--
Notwithstanding any other provision of this part, an entity 
that is considered to be an eligible entity under subsection 
(a), and that desires to receive Federal financial assistance 
under this subpart, shall submit an application to the 
Secretary.
  [(c) Special Rule.--An eligible entity described in 
subsection (a) that receives Federal financial assistance 
pursuant to this section shall not be eligible to receive a 
subgrant under section 3114.

[SEC. 3113. STATE AND SPECIALLY QUALIFIED AGENCY PLANS.

  [(a) Plan Required.--Each State educational agency and 
specially qualified agency desiring a grant under this subpart 
shall submit a plan to the Secretary at such time, in such 
manner, and containing such information as the Secretary may 
require.
  [(b) Contents.--Each plan submitted under subsection (a) 
shall--
          [(1) describe the process that the agency will use in 
        making subgrants to eligible entities under section 
        3114(d)(1);
          [(2) describe how the agency will establish standards 
        and objectives for raising the level of English 
        proficiency that are derived from the four recognized 
        domains of speaking, listening, reading, and writing, 
        and that are aligned with achievement of the 
        challenging State academic content and student academic 
        achievement standards described in section 1111(b)(1);
          [(3) contain an assurance that--
                  [(A) in the case of a State educational 
                agency, the agency consulted with local 
                educational agencies, education-related 
                community groups and nonprofit organizations, 
                parents, teachers, school administrators, and 
                researchers, in developing the annual 
                measurable achievement objectives described in 
                section 3122;
                  [(B) in the case of a specially qualified 
                agency, the agency consulted with education-
                related community groups and nonprofit 
                organizations, parents, teachers, and 
                researchers, in developing the annual 
                measurable achievement objectives described in 
                section 3122;
                  [(C) the agency will ensure that eligible 
                entities receiving a subgrant under this 
                subpart comply with the requirement in section 
                1111(b)(7) to annually assess in English 
                children who have been in the United States for 
                3 or more consecutive years;
                  [(D) the agency will ensure that eligible 
                entities receiving a subgrant under this 
                subpart annually assess the English proficiency 
                of all limited English proficient children 
                participating in a program funded under this 
                subpart, consistent with section 1111(b)(7);
                  [(E) in awarding subgrants under section 
                3114, the agency will address the needs of 
                school systems of all sizes and in all 
                geographic areas, including school systems with 
                rural and urban schools;
                  [(F) subgrants to eligible entities under 
                section 3114(d)(1) will be of sufficient size 
                and scope to allow such entities to carry out 
                high-quality language instruction educational 
                programs for limited English proficient 
                children; and
                  [(G) the agency will require an eligible 
                entity receiving a subgrant under this subpart 
                to use the subgrant in ways that will build 
                such recipient's capacity to continue to offer 
                high-quality language instruction educational 
                programs that assist limited English proficient 
                children in meeting challenging State academic 
                content and student academic achievement 
                standards once assistance under this subpart is 
                no longer available;
          [(4) describe how the agency will coordinate its 
        programs and activities under this subpart with its 
        other programs and activities under this Act and other 
        Acts, as appropriate;
          [(5) describe how the agency will hold local 
        educational agencies, eligible entities, elementary 
        schools, and secondary schools accountable for--
                  [(A) meeting all annual measurable 
                achievement objectives described in section 
                3122;
                  [(B) making adequate yearly progress for 
                limited English proficient children, as 
                described in section 1111(b)(2)(B); and
                  [(C) achieving the purposes of this part; and
          [(6) describe how eligible entities in the State will 
        be given the flexibility to teach limited English 
        proficient children--
                  [(A) using a language instruction curriculum 
                that is tied to scientifically based research 
                on teaching limited English proficient children 
                and that has been demonstrated to be effective; 
                and
                  [(B) in the manner the eligible entities 
                determine to be the most effective.
  [(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 or specially qualified agency and 
        approved under subsection (c) shall--
                  [(A) remain in effect for the duration of the 
                agency's participation under this part; 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 part.
          [(2) Additional information.--
                  [(A) Amendments.--If the State educational 
                agency or specially qualified 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 part.
  [(e) Consolidated Plan.--A plan submitted under subsection 
(a) may be submitted as part of a consolidated plan under 
section 9302.
  [(f) Secretary Assistance.--The Secretary shall provide 
technical assistance, if requested, in the development of 
English proficiency standards, objectives, and assessments.

[SEC. 3114. WITHIN-STATE ALLOCATIONS.

  [(a) In General.--After making the reservation required under 
subsection (d)(1), each State educational agency receiving a 
grant under section 3111(c)(3) shall award subgrants for a 
fiscal year by allocating to each eligible entity in the State 
having a plan approved under section 3116 an amount that bears 
the same relationship to the amount received under the grant 
and remaining after making such reservation as the population 
of limited English proficient children in schools served by the 
eligible entity bears to the population of limited English 
proficient children in schools served by all eligible entities 
in the State.
  [(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 subpart for a fiscal year--
          [(1) shall reserve not more than 15 percent of the 
        agency's allotment under section 3111(c)(3) to award 
        subgrants to eligible entities in the State that have 
        experienced a significant increase, as compared to the 
        average of the 2 preceding fiscal years, in the 
        percentage or number of immigrant children and youth, 
        who have enrolled, during the fiscal year preceding the 
        fiscal year for which the subgrant is made, in public 
        and nonpublic elementary schools and secondary schools 
        in the geographic areas under the jurisdiction of, or 
        served by, such entities; and
          [(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 3116 and ensure that each 
                subgrant is of sufficient size and scope to 
                meet the purposes of this part.

[SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES.

  [(a) Purposes of Subgrants.--A State educational agency may 
make a subgrant to an eligible entity from funds received by 
the agency under this subpart only if the entity agrees to 
expend the funds to improve the education of limited English 
proficient children, by assisting the children to learn English 
and meet challenging State academic content and student 
academic achievement standards. In carrying out activities with 
such funds, the entity shall use approaches and methodologies 
based on scientifically based research on teaching limited 
English proficient children and immigrant children and youth 
for the following purposes:
          [(1) Developing and implementing new language 
        instruction educational programs and academic content 
        instruction programs for such children, and such 
        children and youth, including programs of early 
        childhood education, elementary school programs, and 
        secondary school programs.
          [(2) Carrying out highly focused, innovative, locally 
        designed activities to expand or enhance existing 
        language instruction educational programs and academic 
        content instruction programs for such children, and 
        such children and youth.
          [(3) Implementing, within an individual school, 
        schoolwide programs for restructuring, reforming, and 
        upgrading all relevant programs, activities, and 
        operations relating to language instruction educational 
        programs and academic content instruction for such 
        children, and such children and youth.
          [(4) Implementing, within the entire jurisdiction of 
        a local educational agency, agencywide programs for 
        restructuring, reforming, and upgrading all relevant 
        programs, activities, and operations relating to 
        language instruction educational programs and academic 
        content instruction for such children, and such 
        children and youth.
  [(b) Administrative Expenses.--Each eligible entity receiving 
funds under section 3114(a) for a fiscal year may use not more 
than 2 percent of such funds for the cost of administering this 
subpart.
  [(c) Required Subgrantee Activities.--An eligible entity 
receiving funds under section 3114(a) shall use the funds--
          [(1) to increase the English proficiency of limited 
        English proficient children by providing high-quality 
        language instruction educational programs that are 
        based on scientifically based research demonstrating 
        the effectiveness of the programs in increasing--
                  [(A) English proficiency; and
                  [(B) student academic achievement in the core 
                academic subjects; and
          [(2) to provide high-quality professional development 
        to classroom teachers (including teachers in classroom 
        settings that are not the settings of language 
        instruction educational programs), principals, 
        administrators, and other school or community-based 
        organizational personnel, that is--
                  [(A) designed to improve the instruction and 
                assessment of limited English proficient 
                children;
                  [(B) designed to enhance the ability of such 
                teachers to understand and use curricula, 
                assessment measures, and instruction strategies 
                for limited English proficient children;
                  [(C) based on scientifically based research 
                demonstrating the effectiveness of the 
                professional development in increasing 
                children's English proficiency or substantially 
                increasing the subject matter knowledge, 
                teaching knowledge, and teaching skills of such 
                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.
  [(d) Authorized Subgrantee Activities.--Subject to subsection 
(c), an eligible entity receiving funds under section 3114(a) 
may use the funds to achieve one of the purposes described in 
subsection (a) by undertaking one or more of the following 
activities:
          [(1) Upgrading program objectives and effective 
        instruction strategies.
          [(2) Improving the instruction program for limited 
        English proficient children by identifying, acquiring, 
        and upgrading curricula, instruction materials, 
        educational software, and assessment procedures.
          [(3) Providing--
                  [(A) tutorials and academic or vocational 
                education for limited English proficient 
                children; 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 proficiency and academic 
        achievement of limited English proficient children.
          [(6) Providing community participation programs, 
        family literacy services, and parent outreach and 
        training activities to limited English proficient 
        children and their families--
                  [(A) to improve the English language skills 
                of limited English proficient children; 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 limited English 
        proficient children 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 
                subpart.
          [(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 3114(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 teacher 
                aides 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 and acquisition of 
                curricular materials, educational software, and 
                technologies to be used in the program carried 
                out with funds;
                  [(E) basic instruction services that are 
                directly attributable to the presence in the 
                school district involved of immigrant children 
                and youth, including the payment of costs of 
                providing additional classroom supplies, costs 
                of transportation, or such other costs as are 
                directly attributable to such additional basic 
                instruction services;
                  [(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 3114(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 subpart, an eligible 
        entity shall select one or more methods or forms of 
        instruction to be used in the programs and activities 
        undertaken by the entity to assist limited English 
        proficient children to attain English proficiency and 
        meet challenging State academic content and student 
        academic achievement standards.
          [(2) Consistency.--Such selection shall be consistent 
        with sections 3125 through 3127.
  [(g) Supplement, Not Supplant.--Federal funds made available 
under this subpart shall be used so as to supplement the level 
of Federal, State, and local public funds that, in the absence 
of such availability, would have been expended for programs for 
limited English proficient children and immigrant children and 
youth and in no case to supplant such Federal, State, and local 
public funds.

[SEC. 3116. LOCAL PLANS.

  [(a) Plan Required.--Each eligible entity desiring a subgrant 
from the State educational agency under section 3114 shall 
submit a plan to the State educational agency at such time, in 
such manner, and containing such information as the State 
educational agency may require.
  [(b) Contents.--Each plan submitted under subsection (a) 
shall--
          [(1) describe the programs and activities proposed to 
        be developed, implemented, and administered under the 
        subgrant;
          [(2) describe how the eligible entity will use the 
        subgrant funds to meet all annual measurable 
        achievement objectives described in section 3122;
          [(3) describe how the eligible entity will hold 
        elementary schools and secondary schools receiving 
        funds under this subpart accountable for--
                  [(A) meeting the annual measurable 
                achievement objectives described in section 
                3122;
                  [(B) making adequate yearly progress for 
                limited English proficient children, as 
                described in section 1111(b)(2)(B); and
                  [(C) annually measuring the English 
                proficiency of limited English proficient 
                children, so that such children served by the 
                programs carried out under this part develop 
                proficiency in English while meeting State 
                academic content and student academic 
                achievement standards as required by section 
                1111(b)(1);
          [(4) describe how the eligible entity will promote 
        parental and community participation in programs for 
        limited English proficient children;
          [(5) contain an assurance that the eligible entity 
        consulted with teachers, researchers, school 
        administrators, and parents, and, if appropriate, with 
        education-related community groups and nonprofit 
        organizations, and institutions of higher education, in 
        developing such plan; and
          [(6) describe how language instruction educational 
        programs carried out under the subgrant will ensure 
        that limited English proficient children being served 
        by the programs develop English proficiency.
  [(c) Teacher English Fluency.--Each eligible entity receiving 
a subgrant under section 3114 shall include in its plan a 
certification that all teachers in any language instruction 
educational program for limited English proficient children 
that is, or will be, funded under this part are fluent in 
English and any other language used for instruction, including 
having written and oral communications skills.
  [(d) Other Requirements for Approval.--Each local plan shall 
also contain assurances that--
          [(1) each local educational agency that is included 
        in the eligible entity is complying with section 3302 
        prior to, and throughout, each school year;
          [(2) the eligible entity annually will assess the 
        English proficiency of all children with limited 
        English proficiency participating in programs funded 
        under this part;
          [(3) the eligible entity has based its proposed plan 
        on scientifically based research on teaching limited 
        English proficient children;
          [(4) the eligible entity will ensure that the 
        programs will enable children to speak, read, write, 
        and comprehend the English language and meet 
        challenging State academic content and student academic 
        achievement standards; and
          [(5) the eligible entity is not in violation of any 
        State law, including State constitutional law, 
        regarding the education of limited English proficient 
        children, consistent with sections 3126 and 3127.

             [Subpart 2--Accountability and Administration

[SEC. 3121. EVALUATIONS.

  [(a) In General.--Each eligible entity that receives a 
subgrant from a State educational agency under subpart 1 shall 
provide such agency, at the conclusion of every second fiscal 
year during which the subgrant is received, with an evaluation, 
in a form prescribed by the agency, that includes--
          [(1) a description of the programs and activities 
        conducted by the entity with funds received under 
        subpart 1 during the two immediately preceding fiscal 
        years;
          [(2) a description of the progress made by children 
        in learning the English language and meeting 
        challenging State academic content and student academic 
        achievement standards;
          [(3) the number and percentage of children in the 
        programs and activities attaining English proficiency 
        by the end of each school year, as determined by a 
        valid and reliable assessment of English proficiency; 
        and
          [(4) a description of the progress made by children 
        in meeting challenging State academic content and 
        student academic achievement standards for each of the 
        2 years after such children are no longer receiving 
        services under this part.
  [(b) Use of Evaluation.--An evaluation provided by an 
eligible entity under subsection (a) shall be used by the 
entity and the State educational agency--
          [(1) for improvement of programs and activities;
          [(2) to determine the effectiveness of programs and 
        activities in assisting children who are limited 
        English proficient to attain English proficiency (as 
        measured consistent with subsection (d)) and meet 
        challenging State academic content and student academic 
        achievement standards; and
          [(3) in determining whether or not to continue 
        funding for specific programs or activities.
  [(c) Evaluation Components.--An evaluation provided by an 
eligible entity under subsection (a) shall--
          [(1) provide an evaluation of children enrolled in a 
        program or activity conducted by the entity using funds 
        under subpart 1 (including the percentage of children) 
        who--
                  [(A) are making progress in attaining English 
                proficiency, including the percentage of 
                children who have achieved English proficiency;
                  [(B) have transitioned into classrooms not 
                tailored to limited English proficient 
                children, and have a sufficient level of 
                English proficiency to permit them to achieve 
                in English and transition into classrooms not 
                tailored to limited English proficient 
                children;
                  [(C) are meeting the same challenging State 
                academic content and student academic 
                achievement standards as all children are 
                expected to meet; and
                  [(D) are not receiving waivers for the 
                reading or language arts assessments under 
                section 1111(b)(3)(C); and
          [(2) include such other information as the State 
        educational agency may require.
  [(d) Evaluation Measures.--A State shall approve evaluation 
measures for use under subsection (c) that are designed to 
assess--
          [(1) the progress of children in attaining English 
        proficiency, including a child's level of 
        comprehension, speaking, listening, reading, and 
        writing skills in English;
          [(2) student attainment of challenging State student 
        academic achievement standards on assessments described 
        in section 1111(b)(3); and
          [(3) progress in meeting the annual measurable 
        achievement objectives described in section 3122.
  [(e) Special Rule for Specially Qualified Agencies.--Each 
specially qualified agency receiving a grant under this part 
shall provide the evaluations described in subsection (a) to 
the Secretary subject to the same requirements as apply to 
eligible entities providing such evaluations to State 
educational agencies under such subsection.

[SEC. 3122. ACHIEVEMENT OBJECTIVES AND ACCOUNTABILITY.

  [(a) Achievement Objectives.--
          [(1) In general.--Each State educational agency or 
        specially qualified agency receiving a grant under 
        subpart 1 shall develop annual measurable achievement 
        objectives for limited English proficient children 
        served under this part that relate to such children's 
        development and attainment of English proficiency while 
        meeting challenging State academic content and student 
        academic achievement standards as required by section 
        1111(b)(1).
          [(2) Development of objectives.--Such annual 
        measurable achievement objectives shall be developed in 
        a manner that--
                  [(A) reflects the amount of time an 
                individual child has been enrolled in a 
                language instruction educational program; and
                  [(B) uses consistent methods and measurements 
                to reflect the increases described in 
                subparagraphs (A)(i), (A)(ii), and (B) of 
                paragraph (3).
          [(3) Contents.--Such annual measurable achievement 
        objectives--
                  [(A) shall include--
                          [(i) at a minimum, annual increases 
                        in the number or percentage of children 
                        making progress in learning English;
                          [(ii) at a minimum, annual increases 
                        in the number or percentage of children 
                        attaining English proficiency by the 
                        end of each school year, as determined 
                        by a valid and reliable assessment of 
                        English proficiency consistent with 
                        section 1111(b)(7); and
                          [(iii) making adequate yearly 
                        progress for limited English proficient 
                        children as described in section 
                        1111(b)(2)(B); and
                  [(B) at the discretion of the agency, may 
                include the number or percentage of children 
                not receiving waivers for reading or language 
                arts assessments under section 1111(b)(3)(C), 
                but this achievement objective shall not be 
                applied to an eligible entity that, in a given 
                school year--
                          [(i) has experienced a large increase 
                        in limited English proficient children 
                        or immigrant children and youth;
                          [(ii) enrolls a statistically 
                        significant number of immigrant 
                        children and youth from countries where 
                        such children and youth had little or 
                        no access to formal education; or
                          [(iii) has a statistically 
                        significant number of immigrant 
                        children and youth who have fled from 
                        war or natural disaster.
  [(b) Accountability.--
          [(1) For states.--Each State educational agency 
        receiving a grant under subpart 1 shall hold eligible 
        entities receiving a subgrant under such subpart 
        accountable for meeting the annual measurable 
        achievement objectives under subsection (a), including 
        making adequate yearly progress for limited English 
        proficient children.
          [(2) Improvement plan.--If a State educational agency 
        determines, based on the annual measurable achievement 
        objectives described in subsection (a), that an 
        eligible entity has failed to make progress toward 
        meeting such objectives for 2 consecutive years, the 
        agency shall require the entity to develop an 
        improvement plan that will ensure that the entity meets 
        such objectives. The improvement plan shall 
        specifically address the factors that prevented the 
        entity from achieving such objectives.
          [(3) Technical assistance.--During the development of 
        the improvement plan described in paragraph (2), and 
        throughout its implementation, the State educational 
        agency shall--
                  [(A) provide technical assistance to the 
                eligible entity;
                  [(B) provide technical assistance, if 
                applicable, to schools served by such entity 
                under subpart 1 that need assistance to enable 
                the schools to meet the annual measurable 
                achievement objectives described in subsection 
                (a);
                  [(C) develop, in consultation with the 
                entity, professional development strategies and 
                activities, based on scientifically based 
                research, that the agency will use to meet such 
                objectives;
                  [(D) require such entity to utilize such 
                strategies and activities; and
                  [(E) develop, in consultation with the 
                entity, a plan to incorporate strategies and 
                methodologies, based on scientifically based 
                research, to improve the specific program or 
                method of instruction provided to limited 
                English proficient children.
          [(4) Accountability.--If a State educational agency 
        determines that an eligible entity has failed to meet 
        the annual measurable achievement objectives described 
        in subsection (a) for 4 consecutive years, the agency 
        shall--
                  [(A) require such entity to modify the 
                entity's curriculum, program, and method of 
                instruction; or
                  [(B)(i) make a determination whether the 
                entity shall continue to receive funds related 
                to the entity's failure to meet such 
                objectives; and
                  [(ii) require such entity to replace 
                educational personnel relevant to the entity's 
                failure to meet such objectives.
  [(c) Special Rule for Specially Qualified Agencies.--The 
Secretary shall hold specially qualified agencies receiving a 
grant under this subpart accountable for meeting the annual 
measurable achievement objectives described in subsection (a) 
in the same manner as State educational agencies hold eligible 
entities accountable under subsection (b).

[SEC. 3123. REPORTING REQUIREMENTS.

  [(a) States.--Based upon the evaluations provided to a State 
educational agency under section 3121, each such agency that 
receives a grant under this part shall prepare and submit every 
second year to the Secretary a report on programs and 
activities carried out by the State educational agency under 
this part and the effectiveness of such programs and activities 
in improving the education provided to children who are limited 
English proficient.
  [(b) Secretary.--Every second year, the Secretary shall 
prepare and submit to the Committee on Education and the 
Workforce of the House of Representatives and the Committee on 
Health, Education, Labor, and Pensions of the Senate a report--
          [(1) on programs and activities carried out to serve 
        limited English proficient children under this part, 
        and the effectiveness of such programs and activities 
        in improving the academic achievement and English 
        proficiency of children who are limited English 
        proficient;
          [(2) on the types of language instruction educational 
        programs used by local educational agencies or eligible 
        entities receiving funding under this part to teach 
        limited English proficient children;
          [(3) containing a critical synthesis of data reported 
        by eligible entities to States under section 3121(a);
          [(4) containing a description of technical assistance 
        and other assistance provided by State educational 
        agencies under section 3111(b)(2)(C);
          [(5) containing an estimate of the number of 
        certified or licensed teachers working in language 
        instruction educational programs and educating limited 
        English proficient children, and an estimate of the 
        number of such teachers that will be needed for the 
        succeeding 5 fiscal years;
          [(6) containing the major findings of scientifically 
        based research carried out under this part;
          [(7) containing the number of programs or activities, 
        if any, that were terminated because the entities 
        carrying out the programs or activities were not able 
        to reach program goals;
          [(8) containing the number of limited English 
        proficient children served by eligible entities 
        receiving funding under this part who were transitioned 
        out of language instruction educational programs funded 
        under this part into classrooms where instruction is 
        not tailored for limited English proficient children; 
        and
          [(9) containing other information gathered from the 
        evaluations from specially qualified agencies and other 
        reports submitted to the Secretary under this title 
        when applicable.

[SEC. 3124. COORDINATION WITH RELATED PROGRAMS.

  [In order to maximize Federal efforts aimed at serving the 
educational needs of children of limited English proficiency, 
the Secretary shall coordinate and ensure close cooperation 
with other entities carrying out programs serving language-
minority and limited English proficient children that are 
administered by the Department and other agencies.

[SEC. 3125. RULES OF CONSTRUCTION.

  [Nothing in this part shall be construed--
          [(1) to prohibit a local educational agency from 
        serving limited English proficient children 
        simultaneously with children with similar educational 
        needs, in the same educational settings where 
        appropriate;
          [(2) to require a State or a local educational agency 
        to establish, continue, or eliminate any particular 
        type of instructional program for limited English 
        proficient children; or
          [(3) to limit the preservation or use of Native 
        American languages.

[SEC. 3126. LEGAL AUTHORITY UNDER STATE LAW.

  [Nothing in this part shall be construed to negate or 
supersede State law, or the legal authority under State law of 
any State agency, State entity, or State public official, over 
programs that are under the jurisdiction of the State agency, 
entity, or official.

[SEC. 3127. CIVIL RIGHTS.

  [Nothing in this part shall be construed in a manner 
inconsistent with any Federal law guaranteeing a civil right.

[SEC. 3128. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

  [Notwithstanding any other provision of this part, programs 
authorized under this part that serve Native American 
(including Native American Pacific Islander) children and 
children in the Commonwealth of Puerto Rico may include 
programs of instruction, teacher training, curriculum 
development, evaluation, and assessment designed for Native 
American children learning and studying Native American 
languages and children of limited Spanish proficiency, except 
that an outcome of programs serving such children shall be 
increased English proficiency among such children.

[SEC. 3129. PROHIBITION.

  [In carrying out this part, the Secretary shall neither 
mandate nor preclude the use of a particular curricular or 
pedagogical approach to educating limited English proficient 
children.

                    [Subpart 3--National Activities

[SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.

  [The Secretary shall use funds made available under section 
3111(c)(1)(C) to award grants on a competitive basis, for a 
period of not more than 5 years, to institutions of higher 
education (in consortia with State educational agencies or 
local educational agencies) to provide for professional 
development activities that will improve classroom instruction 
for limited English proficient children and assist educational 
personnel working with such children to meet high professional 
standards, including standards for certification and licensure 
as teachers who work in language instruction educational 
programs or serve limited English proficient children. Grants 
awarded under this subsection may be used--
          [(1) for preservice professional development programs 
        that will assist local schools and institutions of 
        higher education to upgrade the qualifications and 
        skills of educational personnel who are not certified 
        or licensed, especially educational paraprofessionals;
          [(2) for the development of curricula appropriate to 
        the needs of the consortia participants involved; and
          [(3) in conjunction with other Federal need-based 
        student financial assistance programs, for financial 
        assistance, and costs related to tuition, fees, and 
        books for enrolling in courses required to complete the 
        degree involved, to meet certification or licensing 
        requirements for teachers who work in language 
        instruction educational programs or serve limited 
        English proficient children.

                        [Subpart 4--Definitions

[SEC. 3141. ELIGIBLE ENTITY.

  [In this part, the term ``eligible entity'' means--
          [(1) one or more local educational agencies; or
          [(2) one or more local educational agencies, in 
        collaboration with an institution of higher education, 
        community-based organization, or State educational 
        agency.

      [PART B--IMPROVING LANGUAGE INSTRUCTION EDUCATIONAL PROGRAMS

[SEC. 3201. SHORT TITLE.

  [This part may be cited as the ``Improving Language 
Instruction Educational Programs For Academic Achievement 
Act''.

[SEC. 3202. PURPOSE.

  [The purpose of this part is to help ensure that limited 
English proficient children master English and meet the same 
rigorous standards for academic achievement as all children are 
expected to meet, including meeting challenging State academic 
content and student academic achievement standards by--
          [(1) promoting systemic improvement and reform of, 
        and developing accountability systems for, educational 
        programs serving limited English proficient children;
          [(2) developing language skills and multicultural 
        understanding;
          [(3) developing the English proficiency of limited 
        English proficient children and, to the extent 
        possible, the native language skills of such children;
          [(4) providing similar assistance to Native Americans 
        with certain modifications relative to the unique 
        status of Native American languages under Federal law;
          [(5) developing data collection and dissemination, 
        research, materials, and technical assistance that are 
        focused on school improvement for limited English 
        proficient children; and
          [(6) developing programs that strengthen and improve 
        the professional training of educational personnel who 
        work with limited English proficient children.

[SEC. 3203. NATIVE AMERICAN CHILDREN IN SCHOOL.

  [(a) Eligible Entities.--For the purpose of carrying out 
programs under this part for individuals served by elementary 
schools, secondary schools, and postsecondary schools operated 
predominately for Native American (including Alaska Native) 
children and youth, an Indian tribe, a tribally sanctioned 
educational authority, a Native Hawaiian or Native American 
Pacific Islander native language education organization, or an 
elementary school or secondary school that is operated or 
funded by the Bureau of Indian Affairs shall be considered to 
be a local educational agency.
  [(b) Application.--Notwithstanding any other provision of 
this part, each tribe, authority, organization, or school 
described in subsection (a) shall submit any application for 
assistance under this part directly to the Secretary along with 
timely comments on the need for the program proposed in the 
application.

[SEC. 3204. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED STATES.

  [For the purpose of carrying out programs under this part in 
the outlying areas, the term ``local educational agency'' 
includes public institutions or agencies whose mission is the 
preservation and maintenance of native languages.

            [Subpart 1--Program Development and Enhancement

[SEC. 3211. FINANCIAL ASSISTANCE FOR LANGUAGE INSTRUCTION EDUCATIONAL 
                    PROGRAMS.

  [The purpose of this subpart is to assist local educational 
agencies, institutions of higher education, and community-based 
organizations, through the grants authorized under sections 
3212 and 3213--
          [(1) to develop and enhance their capacity to provide 
        high-quality instruction through language instruction 
        educational programs or special alternative instruction 
        programs to limited English proficient children; and
          [(2) to help such children--
                  [(A) develop English proficiency and, to the 
                extent possible, proficiency in their native 
                language; and
                  [(B) meet the same challenging State academic 
                content and student academic achievement 
                standards as all children are expected to meet 
                under section 1111(b)(1).

[SEC. 3212. PROGRAM ENHANCEMENT ACTIVITIES.

  [(a) Program Authorized.--
          [(1) Authority.--
                  [(A) In general.--The Secretary is authorized 
                to award grants to eligible entities having 
                applications approved under section 3214 to 
                enable such entities to provide innovative, 
                locally designed, high-quality instruction to 
                limited English proficient children, by 
                expanding, developing, or strengthening 
                language instruction educational programs or 
                special alternative instruction programs.
                  [(B) Period.--Each grant awarded under this 
                section shall be awarded for a period of 3 
                years.
          [(2) Authorized activities.--
                  [(A) Mandatory activities.--Grants awarded 
                under this section shall be used for--
                          [(i) developing, implementing, 
                        expanding, or enhancing comprehensive 
                        preschool, elementary, or secondary 
                        education programs for limited English 
                        proficient children, that are--
                                  [(I) aligned with State and 
                                local academic content and 
                                student academic achievement 
                                standards, and local school 
                                reform efforts; and
                                  [(II) coordinated with 
                                related academic services for 
                                children;
                          [(ii) providing high-quality 
                        professional development to classroom 
                        teachers, administrators, and other 
                        school or community-based organization 
                        personnel to improve the instruction 
                        and assessment of limited English 
                        proficient children; and
                          [(iii) annually assessing the English 
                        proficiency of all limited English 
                        proficient children served by 
                        activities carried out under this 
                        section.
                  [(B) Permissible activities.--Grants awarded 
                under this section may be used for--
                          [(i) implementing programs to upgrade 
                        the reading and other academic skills 
                        of limited English proficient children;
                          [(ii) developing accountability 
                        systems to monitor the academic 
                        progress of limited English proficient 
                        and formerly limited English proficient 
                        children;
                          [(iii) implementing family education 
                        programs and parent outreach and 
                        training activities designed to assist 
                        parents to become active participants 
                        in the education of their children;
                          [(iv) improving the instruction 
                        programs for limited English proficient 
                        children by identifying, acquiring, and 
                        applying effective curricula, 
                        instruction materials (including 
                        materials provided through technology), 
                        and assessments that are all aligned 
                        with State and local standards;
                          [(v) providing intensified 
                        instruction, including tutorials and 
                        academic, or vocational and technical, 
                        training, for limited English 
                        proficient children;
                          [(vi) adapting best practice models 
                        for meeting the needs of limited 
                        English proficient children;
                          [(vii) assisting limited English 
                        proficient children with disabilities;
                          [(viii) implementing applied learning 
                        activities such as service learning to 
                        enhance and support comprehensive 
                        elementary and secondary language 
                        instruction educational programs;
                          [(ix) acquiring or developing 
                        education technology or instruction 
                        materials for limited English 
                        proficient children, including 
                        materials in languages other than 
                        English;
                          [(x) participating in electronic 
                        networks for materials, training, and 
                        communication, and incorporating 
                        information derived from such 
                        participation in curricula and 
                        programs; and
                          [(xi) carrying out such other 
                        activities related to the purpose of 
                        this part as the Secretary may approve.
  [(b) Priority.--In awarding grants under this section, the 
Secretary may give priority to an entity that--
          [(1) serves a school district--
                  [(A) that has a total district enrollment 
                that is less than 10,000 students; or
                  [(B) with a large percentage or number of 
                limited English proficient children; and
          [(2) has limited or no experience in serving limited 
        English proficient children.
  [(c) Eligible Entity.--In this section, the term ``eligible 
entity'' means--
          [(1) one or more local educational agencies;
          [(2) one or more local educational agencies in 
        collaboration with an institution of higher education, 
        community-based organization, or State educational 
        agency; or
          [(3) a community-based organization or an institution 
        of higher education that has an application approved by 
        the local educational agency to participate in programs 
        carried out under this subpart by enhancing early 
        childhood education or family education programs or 
        conducting instruction programs that supplement the 
        educational services provided by a local educational 
        agency.

[SEC. 3213. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT ACTIVITIES.

  [(a) Program Authorized.--
          [(1) Authority.--The Secretary is authorized to award 
        grants to eligible entities having applications 
        approved under section 3214 to enable such entities to 
        develop and implement language instruction educational 
        programs, and improve, reform, or upgrade programs or 
        operations that serve significant percentages or 
        numbers of limited English proficient children.
          [(2) Mandatory activities.--Grants awarded under this 
        section shall be used for--
                  [(A) improving instruction programs for 
                limited English proficient children by 
                acquiring and upgrading curricula and related 
                instruction materials;
                  [(B) aligning the activities carried out 
                under this section with State and local school 
                reform efforts;
                  [(C) providing training, aligned with State 
                and local standards, to school personnel and 
                participating community-based organization 
                personnel to improve the instruction and 
                assessment of limited English proficient 
                children;
                  [(D) developing and implementing plans, 
                coordinated with plans for programs carried out 
                under title II of the Higher Education Act of 
                1965 (where applicable), and title II of this 
                Act (where applicable), to recruit teachers 
                trained to serve limited English proficient 
                children;
                  [(E) implementing culturally and 
                linguistically appropriate family education 
                programs, or parent outreach and training 
                activities, that are designed to assist parents 
                of limited English proficient children to 
                become active participants in the education of 
                their children;
                  [(F) coordinating the activities carried out 
                under this section with other programs, such as 
                programs carried out under this title;
                  [(G) providing services to meet the full 
                range of the educational needs of limited 
                English proficient children;
                  [(H) annually assessing the English 
                proficiency of all limited English proficient 
                children served by the activities carried out 
                under this section; and
                  [(I) developing or improving accountability 
                systems to monitor the academic progress of 
                limited English proficient children.
          [(3) Permissible activities.--Grants awarded under 
        this section may be used for--
                  [(A) implementing programs to upgrade reading 
                and other academic skills of limited English 
                proficient children;
                  [(B) developing and using educational 
                technology to improve learning, assessments, 
                and accountability to meet the needs of limited 
                English proficient children;
                  [(C) implementing scientifically based 
                research programs to meet the needs of limited 
                English proficient children;
                  [(D) providing tutorials and academic, or 
                vocational and technical, training for limited 
                English proficient children;
                  [(E) developing and implementing State and 
                local academic content and student academic 
                achievement standards for learning English as a 
                second language, as well as for learning other 
                languages;
                  [(F) developing and implementing programs for 
                limited English proficient children to meet the 
                needs of changing populations of such children;
                  [(G) implementing policies to ensure that 
                limited English proficient children have access 
                to other education programs (other than 
                programs designed to address limited English 
                proficiency);
                  [(H) assisting limited English proficient 
                children with disabilities;
                  [(I) developing and implementing programs to 
                help children become proficient in English and 
                other languages;
                  [(J) acquiring or developing education 
                technology or instruction materials for limited 
                English proficient children, including 
                materials in languages other than English;
                  [(K) participating in electronic networks for 
                materials, training, and communication and 
                incorporating information derived from such 
                participation in curricula and programs; and
                  [(L) carrying out such other activities 
                related to the purpose of this part as the 
                Secretary may approve.
          [(4) Special rule.--
                  [(A) Planning.--A recipient of a grant under 
                this section, before carrying out activities 
                under this section, shall plan, train 
                personnel, develop curricula, and acquire or 
                develop materials, but shall not use funds made 
                available under this section for planning 
                purposes for more than 45 days.
                  [(B) Commencement of activities.--The 
                recipient shall commence carrying out 
                activities under this section not later than 
                the later of--
                          [(i) the beginning of the first 
                        school year that begins after the grant 
                        is received; or
                          [(ii) 30 days after the date of 
                        receipt of the grant.
  [(b) Availability of Appropriations.--
          [(1) Reservation of funds for continued payments.--
                  [(A) Covered grant.--In this paragraph, the 
                term ``covered grant'' means a grant--
                          [(i) that was awarded under section 
                        7112, 7113, 7114, or 7115 (as such 
                        sections were in effect on the day 
                        before the date of enactment of the No 
                        Child Left Behind Act of 2001); and
                          [(ii) for which the grant period has 
                        not ended.
                  [(B) Reservation.--For any fiscal year that 
                is part of the grant period of a covered grant, 
                the Secretary shall reserve funds for the 
                payments described in subparagraph (C) from the 
                amount appropriated for the fiscal year under 
                section 3001(a) and made available for carrying 
                out this section.
                  [(C) Payments.--The Secretary shall continue 
                to make grant payments to each entity that 
                received a covered grant, in accordance with 
                the terms of that grant, for the duration of 
                the grant period of the grant, to carry out 
                activities in accordance with the appropriate 
                section described in subparagraph (A)(i).
          [(2) Availability.--Of the amount appropriated for a 
        fiscal year under section 3001(a) that is made 
        available to carry out this section, and that remains 
        after the Secretary reserves funds for payments under 
        paragraph (1)--
                  [(A) not less than one-third of the remainder 
                shall be used to award grants to eligible 
                entities for activities carried out within an 
                entire school district; and
                  [(B) not less than two-thirds of the 
                remainder shall be used to award grants to 
                eligible entities for activities carried out 
                within individual schools.
  [(c) Priority.--In awarding grants under this section, the 
Secretary shall give priority to an applicant that--
          [(1) experiences a significant increase in the number 
        or percentage of limited English proficient children 
        enrolled in the applicant's programs and has limited or 
        no experience in serving limited English proficient 
        children;
          [(2) is a local educational agency that serves a 
        school district that has a total district enrollment 
        that is less than 10,000 students;
          [(3) demonstrates that the applicant has a proven 
        track record of success in helping limited English 
        proficient children learn English and meet high 
        academic standards; or
          [(4) serves a school district with a large number or 
        percentage of limited English proficient children.
  [(d) Eligible Entities.--In this section, the term ``eligible 
entity'' means--
          [(1) one or more local educational agencies; or
          [(2) one or more local educational agencies, in 
        collaboration with an institution of higher education, 
        community-based organization, or State educational 
        agency.

[SEC. 3214. APPLICATIONS.

  [(a) In General.--
          [(1) Secretary.--To receive a grant under this 
        subpart, an eligible entity described in section 3212 
        or 3213 shall submit an application to the Secretary at 
        such time, in such form, and containing such 
        information as the Secretary may require.
          [(2) State educational agency.--The eligible entity, 
        with the exception of schools funded by the Bureau of 
        Indian Affairs, shall submit a copy of the application 
        submitted by the entity under this section to the State 
        educational agency.
  [(b) State Review and Comments.--
          [(1) Deadline.--The State educational agency, not 
        later than 45 days after receipt of an application 
        under this section, shall review the application and 
        submit the written comments of the agency regarding the 
        application to the Secretary.
          [(2) Comments.--
                  [(A) Submission of comments.--Regarding 
                applications submitted under this subpart, the 
                State educational agency shall--
                          [(i) submit to the Secretary written 
                        comments regarding all such 
                        applications; and
                          [(ii) submit to each eligible entity 
                        the comments that pertain to such 
                        entity.
                  [(B) Subject.--For purposes of this subpart, 
                such comments shall address--
                          [(i) how the activities to be carried 
                        out under the grant will further the 
                        academic achievement and English 
                        proficiency of limited English 
                        proficient children served under the 
                        grant; and
                          [(ii) how the grant application is 
                        consistent with the State plan required 
                        under section 1111.
  [(c) Eligible Entity Comments.--An eligible entity may submit 
to the Secretary comments that address the comments submitted 
by the State educational agency.
  [(d) Comment Consideration.--In making grants under this 
subpart, the Secretary shall take into consideration comments 
made by State educational agencies.
  [(e) Waiver.--Notwithstanding subsection (b), the Secretary 
is authorized to waive the review requirement specified in 
subsection (b) if a State educational agency can demonstrate 
that such review requirement may impede such agency's ability 
to fulfill the requirements of participation in the program 
authorized in section 3224, particularly such agency's ability 
to carry out data collection efforts and such agency's ability 
to provide technical assistance to local educational agencies 
not receiving funds under this subpart.
  [(f) Required Documentation.--Such application shall include 
documentation that--
          [(1) the applicant has the qualified personnel 
        required to develop, administer, and implement the 
        program proposed in the application; and
          [(2) the leadership personnel of each school 
        participating in the program have been involved in the 
        development and planning of the program in the school.
  [(g) Contents.--
          [(1) In general.--An application for a grant under 
        this subpart shall contain the following:
                  [(A) A description of the need for the 
                proposed program, including--
                          [(i) data on the number of limited 
                        English proficient children in the 
                        school or school district to be served;
                          [(ii) information on the 
                        characteristics of the children, 
                        including--
                                  [(I) the native languages of 
                                the children;
                                  [(II) the proficiency of the 
                                children in English and their 
                                native language;
                                  [(III) achievement data 
                                (current as of the date of 
                                submission of the application) 
                                for the limited English 
                                proficient children in--
                                          [(aa) reading or 
                                        language arts (in 
                                        English and in the 
                                        native language, if 
                                        applicable); and
                                          [(bb) mathematics;
                                  [(IV) a comparison of that 
                                data for the children with that 
                                data for the English proficient 
                                peers of the children; and
                                  [(V) the previous schooling 
                                experiences of the children;
                          [(iii) the professional development 
                        needs of the instruction personnel who 
                        will provide services for the limited 
                        English proficient children under the 
                        proposed program; and
                          [(iv) how the services provided 
                        through the grant will supplement the 
                        basic services provided to limited 
                        English proficient children.
                  [(B) A description of the program to be 
                implemented and how such program's design--
                          [(i) relates to the linguistic and 
                        academic needs of the limited English 
                        proficient children to be served;
                          [(ii) will ensure that the services 
                        provided through the program will 
                        supplement the basic services the 
                        applicant provides to limited English 
                        proficient children;
                          [(iii) will ensure that the program 
                        is coordinated with other programs 
                        under this Act and other Acts;
                          [(iv) involves the parents of the 
                        limited English proficient children to 
                        be served;
                          [(v) ensures accountability in 
                        achieving high academic standards; and
                          [(vi) promotes coordination of 
                        services for the limited English 
                        proficient children to be served and 
                        their families.
                  [(C) A description, if appropriate, of the 
                applicant's collaborative activities with 
                institutions of higher education, community-
                based organizations, local educational agencies 
                or State educational agencies, private schools, 
                nonprofit organizations, or businesses in 
                carrying out the proposed program.
                  [(D) An assurance that the applicant will not 
                reduce the level of State and local funds that 
                the applicant expends for language instruction 
                educational programs or special alternative 
                instruction programs if the applicant receives 
                an award under this subpart.
                  [(E) An assurance that the applicant will 
                employ teachers in the proposed program who, 
                individually or in combination, are proficient 
                in--
                          [(i) English, with respect to 
                        written, as well as oral, communication 
                        skills; and
                          [(ii) the native language of the 
                        majority of the children who the 
                        teachers teach, if instruction in the 
                        program is in the native language as 
                        well as English.
                  [(F) A budget for the grant funds.
          [(2) Additional information.--Each application for a 
        grant under section 3213 shall--
                  [(A) describe--
                          [(i) current services (as of the date 
                        of submission of the application) the 
                        applicant provides to limited English 
                        proficient children;
                          [(ii) what services limited English 
                        proficient children will receive under 
                        the grant that such children will not 
                        otherwise receive;
                          [(iii) how funds received under this 
                        subpart will be integrated with all 
                        other Federal, State, local, and 
                        private resources that may be used to 
                        serve limited English proficient 
                        children;
                          [(iv) specific achievement and school 
                        retention goals for the children to be 
                        served by the proposed program and how 
                        progress toward achieving such goals 
                        will be measured; and
                          [(v) the current family education 
                        programs (as of the date of submission 
                        of the application) of the eligible 
                        entity, if applicable; and
                  [(B) provide assurances that--
                          [(i) the program funded with the 
                        grant will be integrated with the 
                        overall educational program of the 
                        children served through the proposed 
                        program; and
                          [(ii) the application has been 
                        developed in consultation with parents 
                        and other representatives of the 
                        children to be served in such program.
  [(h) Approval of Applications.--An application for a grant 
under this subpart may be approved only if the Secretary 
determines that--
          [(1) the program proposed in the application will use 
        qualified personnel, including personnel who are 
        proficient in the language or languages used for 
        instruction;
          [(2) in designing the program, the eligible entity 
        has, after consultation with appropriate private school 
        officials--
                  [(A) taken into account the needs of children 
                in nonprofit private elementary schools and 
                secondary schools; and
                  [(B) in a manner consistent with the number 
                of such children enrolled in such schools in 
                the area to be served, whose educational needs 
                are of the type and whose language, and grade 
                levels are of a similar type to the needs, 
                language, and grade levels that the program is 
                intended to address, provided for the 
                participation of such children on a basis 
                comparable to the basis on which public school 
                children participate;
          [(3)(A) student evaluation and assessment procedures 
        in the program are valid and reliable for limited 
        English proficient children; and
          [(B) limited English proficient children with 
        disabilities will be identified and served through the 
        program in accordance with the requirements of the 
        Individuals with Disabilities Education Act;
          [(4) Federal funds made available for the program 
        will be used to supplement the State and local funds 
        that, in the absence of such Federal funds, would be 
        expended for special programs for children of limited 
        English proficient individuals, and in no case to 
        supplant such State and local funds, except that 
        nothing in this paragraph shall be construed to 
        preclude a local educational agency from using funds 
        made available under this subpart--
                  [(A) for activities carried out under an 
                order of a Federal or State court respecting 
                services to be provided to such children; or
                  [(B) to carry out a plan approved by the 
                Secretary as adequate under title VI of the 
                Civil Rights Act of 1964 with respect to 
                services to be provided to such children;
          [(5)(A) the assistance provided through the grant 
        will contribute toward building the capacity of the 
        eligible entity to provide a program on a regular 
        basis, similar to the proposed program, that will be of 
        sufficient size, scope, and quality to promise 
        significant improvement in the education of limited 
        English proficient children; and
          [(B) the eligible entity will have the resources and 
        commitment to continue the program of sufficient size, 
        scope, and quality when assistance under this subpart 
        is reduced or no longer available; and
          [(6) the eligible entity will use State and national 
        dissemination sources for program design and 
        dissemination of results and products.
  [(i) Consideration.--In determining whether to approve an 
application under this subpart, the Secretary shall give 
consideration to--
          [(1) the degree to which the program for which 
        assistance is sought involves the collaborative efforts 
        of institutions of higher education, community-based 
        organizations, the appropriate local educational agency 
        and State educational agency, or businesses; and
          [(2) whether the application provides for training 
        for personnel participating in, or preparing to 
        participate in, a program that will assist such 
        personnel in meeting State and local certification 
        requirements.

[SEC. 3215. CAPACITY BUILDING.

  [Each recipient of a grant under this subpart shall use the 
grant in ways that will build such recipient's capacity to 
continue to offer high-quality language instruction educational 
programs and special alternative instruction programs to 
limited English proficient children after Federal assistance is 
reduced or eliminated.

[SEC. 3216. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

  [Notwithstanding any other provision of this part, programs 
authorized under this subpart that serve Native American 
(including Native American Pacific Islander) children and 
children in the Commonwealth of Puerto Rico may include 
programs of instruction, teacher training, curriculum 
development, evaluation, and assessment designed for Native 
American children learning and studying Native American 
languages and children of limited Spanish proficiency, except 
that an outcome of programs serving such children shall be 
increased English proficiency among such children.

[SEC. 3217. EVALUATIONS.

  [(a) Evaluation.--Each recipient of funds under this subpart 
for a program shall annually conduct an evaluation of the 
program and submit to the Secretary a report concerning the 
evaluation, in the form prescribed by the Secretary.
  [(b) Use of Evaluation.--Such evaluation shall be used by the 
grant recipient--
          [(1) for program improvement;
          [(2) to further define the program's goals and 
        objectives; and
          [(3) to determine program effectiveness.
  [(c) Evaluation Report Components.--In preparing the 
evaluation reports, the recipient shall--
          [(1) use the data provided in the application 
        submitted by the recipient under section 3214 as 
        baseline data against which to report academic 
        achievement and gains in English proficiency for 
        children in the program;
          [(2) disaggregate the results of the evaluation by 
        gender, native languages spoken by children, 
        socioeconomic status, and whether the children have 
        disabilities;
          [(3) include data on the progress of the recipient in 
        achieving the objectives of the program, including data 
        demonstrating the extent to which children served by 
        the program are meeting the challenging State academic 
        content and student academic achievement standards, and 
        including data comparing limited English proficient 
        children with English proficient children with regard 
        to school retention and academic achievement 
        concerning--
                  [(A) reading and language arts;
                  [(B) English proficiency;
                  [(C) mathematics; and
                  [(D) the native language of the children, if 
                the program develops native language 
                proficiency;
          [(4) include information on the extent that 
        professional development activities carried out through 
        the program have resulted in improved classroom 
        practices and improved student academic 
        achievement;lude a description of how the activities 
        carried out through the program are coordinated and 
        integrated with the other Federal, State, or local 
        programs serving limited English proficient children; 
        and
          [(6) include such other information as the Secretary 
        may require.

[SEC. 3218. CONSTRUCTION.

  [Nothing in this subpart shall be construed to prohibit a 
local educational agency from serving limited English 
proficient children simultaneously with children with similar 
educational needs, in the same educational settings where 
appropriate.

          [Subpart 2--Research, Evaluation, and Dissemination

[SEC. 3221. AUTHORITY.

  [(a) In General.--The Secretary is authorized to conduct data 
collection, dissemination, research, and ongoing program 
evaluation activities in accordance with the provisions of this 
subpart for the purpose of improving language instruction 
educational programs and special alternative instruction 
programs for limited English proficient children.
  [(b) Competitive Awards.--Research and program evaluation 
activities carried out under this subpart shall be supported 
through competitive grants, contracts, and cooperative 
agreements awarded to institutions of higher education, 
nonprofit organizations, State educational agencies, and local 
educational agencies.
  [(c) Administration.--The Secretary shall conduct data 
collection, dissemination, and ongoing program evaluation 
activities authorized by this subpart through the Office of 
English Language Acquisition, Language Enhancement, and 
Academic Achievement for Limited English Proficient Students.

[SEC. 3222. RESEARCH.

  [(a) Administration.--The Secretary shall conduct research 
activities authorized by this subpart through the Institute of 
Education Sciences in coordination and collaboration with the 
Office of English Language Acquisition, Language Enhancement, 
and Academic Achievement for Limited English Proficient 
Students.
  [(b) Requirements.--Such research activities--
          [(1) shall have a practical application to teachers, 
        counselors, paraprofessionals, school administrators, 
        parents, and others involved in improving the education 
        of limited English proficient children and their 
        families;
          [(2) may include research on effective instruction 
        practices for multilingual classes, and on effective 
        instruction strategies to be used by a teacher or other 
        staff member who does not know the native language of a 
        limited English proficient child in the teacher's or 
        staff member's classroom;
          [(3) may include establishing (through the National 
        Center for Education Statistics in consultation with 
        experts in second language acquisition and 
        scientifically based research on teaching limited 
        English proficient children) a common definition of 
        ``limited English proficient child'' for purposes of 
        national data collection; and
          [(4) shall be administered by individuals with 
        expertise in second language acquisition, 
        scientifically based research on teaching limited 
        English proficient children, and the needs of limited 
        English proficient children and their families.
  [(c) Field-Initiated Research.--
          [(1) In general.--The Secretary shall reserve not 
        less than 5 percent of the funds made available to 
        carry out this section for field-initiated research 
        conducted by recipients of grants under subpart 1 or 
        this subpart who have received such grants within the 
        previous 5 years. Such research may provide for 
        longitudinal studies of limited English proficient 
        children or teachers who serve such children, 
        monitoring the education of such children from entry 
        into language instruction educational programs through 
        secondary school completion.
          [(2) Applications.--An applicant for assistance under 
        this subsection may submit an application for such 
        assistance to the Secretary at the same time as the 
        applicant submits another application under subpart 1 
        or this subpart. The Secretary shall complete a review 
        of such applications on a timely basis to allow the 
        activities carried out under research and program 
        grants to be coordinated when recipients are awarded 
        two or more of such grants.
  [(d) Consultation.--The Secretary shall consult with 
agencies, organizations, and individuals that are engaged in 
research and practice on the education of limited English 
proficient children, language instruction educational programs, 
or related research, to identify areas of study and activities 
to be funded under this section.
  [(e) Data Collection.--The Secretary shall provide for the 
collection of data on limited English proficient children as 
part of the data systems operated by the Department.

[SEC. 3223. ACADEMIC EXCELLENCE AWARDS.

  [(a) Authority.--The Secretary may make grants to State 
educational agencies to assist the agencies in recognizing 
local educational agencies and other public and nonprofit 
entities whose programs have--
          [(1) demonstrated significant progress in assisting 
        limited English proficient children to learn English 
        according to age appropriate and developmentally 
        appropriate standards; and
          [(2) demonstrated significant progress in assisting 
        limited English proficient children to meet, according 
        to age appropriate and developmentally appropriate 
        standards, the same challenging State academic content 
        and student academic achievement standards as all 
        children are expected to meet.
  [(b) Applications.--A State educational agency desiring a 
grant under this section shall include an application for such 
grant in the application submitted by the agency under section 
3224(e).

[SEC. 3224. STATE GRANT PROGRAM.

  [(a) State Grant Program.--The Secretary is authorized to 
make an award to a State educational agency that demonstrates, 
to the satisfaction of the Secretary, that such agency, through 
such agency's programs and other Federal education programs, 
effectively provides for the education of limited English 
proficient children within the State.
  [(b) Payments.--The amount paid to a State educational agency 
under subsection (a) shall not exceed 5 percent of the total 
amount awarded to local educational agencies and entities 
within the State under subpart 1 for the previous fiscal year, 
except that in no case shall the amount paid by the Secretary 
to any State educational agency under this subsection for any 
fiscal year be less than $100,000.
  [(c) Use of Funds.--
          [(1) In general.--A State educational agency shall 
        use funds awarded under this section--
                  [(A) to assist local educational agencies in 
                the State with activities that--
                          [(i) consist of program design, 
                        capacity building, assessment of 
                        student academic achievement, program 
                        evaluation, and development of data 
                        collection and accountability systems 
                        for limited English proficient 
                        children; and
                          [(ii) are aligned with State reform 
                        efforts; and
                  [(B) to collect data on the State's limited 
                English proficient populations and document the 
                services available to all such populations.
          [(2) Training.--The State educational agency may also 
        use funds provided under this section for the training 
        of State educational agency personnel in educational 
        issues affecting limited English proficient children.
          [(3) Special rule.--Recipients of funds under this 
        section shall not restrict the provision of services 
        under this section to federally funded programs.
  [(d) State Consultation.--A State educational agency 
receiving funds under this section shall consult with 
recipients of grants under this subpart and other individuals 
or organizations involved in the development or operation of 
programs serving limited English proficient children to ensure 
that such funds are used in a manner consistent with the 
requirements of this subpart.
  [(e) Applications.--A State educational agency desiring to 
receive funds under this section shall submit an application to 
the Secretary at such time, in such form, and containing such 
information and assurances as the Secretary may require.
  [(f) Supplement, Not Supplant.--Federal funds made available 
under this section for any fiscal year shall be used by the 
State educational agency to supplement and, to the extent 
practical, to increase the State funds that, in the absence of 
such Federal funds, would be made available for the purposes 
described in this section, and in no case to supplant such 
State funds.
  [(g) Report to the Secretary.--A State educational agency 
receiving an award under this section shall provide for the 
annual submission of a summary report to the Secretary 
describing such State's use of the funds made available through 
the award.

[SEC. 3225. INSTRUCTION MATERIALS DEVELOPMENT.

  [(a) In General.--The Secretary may make grants for the 
development, publication, and dissemination of high-quality 
instruction materials--
          [(1) in Native American languages (including Native 
        Hawaiian languages and the language of Native American 
        Pacific Islanders), and the language of natives of the 
        outlying areas, for which instruction materials are not 
        readily available; and
          [(2) in other low-incidence languages in the United 
        States for which instruction materials are not readily 
        available.
  [(b) Priority.--In making the grants, the Secretary shall 
give priority to applicants for the grants who propose--
          [(1) to develop instruction materials in languages 
        indigenous to the United States or the outlying areas; 
        and
          [(2) to develop and evaluate materials, in 
        collaboration with entities carrying out activities 
        assisted under subpart 1 and this subpart, that are 
        consistent with challenging State academic content and 
        student academic achievement standards.

                  [Subpart 3--Professional Development

[SEC. 3231. PROFESSIONAL DEVELOPMENT GRANTS.

  [(a) Purpose.--The purpose of this section is to provide 
assistance to prepare educators to improve educational services 
for limited English proficient children by--
          [(1) supporting professional development programs and 
        activities to prepare teachers, pupil service 
        personnel, administrators, and other educational 
        personnel working in language instruction educational 
        programs to provide effective services to limited 
        English proficient children;
          [(2) incorporating curricula and resources concerning 
        appropriate and effective instruction and assessment 
        methodologies specific to limited English proficient 
        children into preservice and inservice professional 
        development programs;
          [(3) upgrading the qualifications and skills of non-
        certified educational personnel, including 
        paraprofessionals, to enable such personnel to meet 
        high professional standards for educating limited 
        English proficient children;
          [(4) improving the quality of professional 
        development programs in schools or departments of 
        education at institutions of higher education, for 
        educational personnel serving, or preparing to serve, 
        limited English proficient children; and
          [(5) supporting the recruitment and training of 
        prospective educational personnel to serve limited 
        English proficient children by providing fellowships 
        for undergraduate, graduate, doctoral, and post-
        doctoral study related to the instruction of such 
        children.
  [(b) Authorization.--
          [(1) In general.--The Secretary is authorized to 
        award grants under this section to--
                  [(A) State educational agencies;
                  [(B) local educational agencies;
                  [(C) institutions of higher education; or
                  [(D) consortia of one or more local 
                educational agencies, State educational 
                agencies, institutions of higher education, 
                for-profit organizations, or nonprofit 
                organizations.
          [(2) Duration.--Each grant awarded under this section 
        shall be awarded for a period of not more than 4 years.
  [(c) Authorized Activities.--Grants awarded under this 
section shall be used to conduct high-quality professional 
development programs and effective activities to improve the 
quality of instruction and services provided to limited English 
proficient children, including--
          [(1) implementing preservice and inservice 
        professional development programs for teachers who 
        serve limited English proficient children, 
        administrators, and other educational personnel who are 
        preparing to provide educational services for limited 
        English proficient children, including professional 
        development programs that assist limited English 
        proficient children to attain English proficiency;
          [(2) implementing school-based collaborative efforts 
        among teachers to improve instruction in core academic 
        subjects, especially reading, for limited English 
        proficient children;
          [(3) developing and implementing programs to assist 
        beginning teachers who serve limited English proficient 
        children with transitioning to the teaching profession, 
        including programs that provide mentoring and team 
        teaching with trained and experienced teachers;
          [(4) implementing programs that support effective 
        teacher use of education technologies to improve 
        instruction and assessment;
          [(5) developing curricular materials and assessments 
        for teachers that are appropriate to the needs of 
        limited English proficient children, and that are 
        aligned with challenging State academic content and 
        student academic achievement standards, including 
        materials and assessments that ensure limited English 
        proficient children attain English proficiency;
          [(6) integrating and coordinating activities with 
        entities carrying out other programs consistent with 
        the purpose of this section and supported under this 
        Act, or other Acts as appropriate;
          [(7) developing and implementing career ladder 
        programs to upgrade the qualifications and skills of 
        non-certified educational personnel working in, or 
        preparing to work in, language instruction educational 
        programs to enable such personnel to meet high 
        professional standards, including standards for 
        certification and licensure as teachers;
          [(8) developing and implementing activities to help 
        recruit and train secondary school students as teachers 
        who serve limited English proficient children;
          [(9) providing fellowships and assistance for costs 
        related to enrollment in a course of study at an 
        institution of higher education that addresses the 
        instruction of limited English proficient children in 
        such areas as teacher training, program administration, 
        research, evaluation, and curriculum development, and 
        for the support of dissertation research related to 
        such study, except that any person receiving such a 
        fellowship or assistance shall agree to--
                  [(A) work in an activity related to improving 
                the educational services for limited English 
                proficient children authorized under this 
                subpart, including work as a teacher that 
                serves limited English proficient children, for 
                a period of time equivalent to the period of 
                time during which such person receives 
                assistance under this paragraph; or
                  [(B) repay such assistance; and
          [(10) carrying out such other activities as are 
        consistent with the purpose of this section.
  [(d) Application.--
          [(1) In general.--Each eligible entity desiring a 
        grant under this section shall submit an application to 
        the Secretary at such time, in such form, and 
        containing such information as the Secretary may 
        require.
          [(2) Contents.--Each application shall--
                  [(A) describe the programs and activities 
                proposed to be developed, implemented, and 
                administered under the award;
                  [(B) describe how the applicant has consulted 
                with, and assessed the needs of, public and 
                private schools serving limited English 
                proficient children to determine such schools' 
                need for, and the design of, the program for 
                which funds are sought; and
                  [(C) describe how the programs and activities 
                to be carried out under the award will be used 
                to ensure that limited English proficient 
                children meet challenging State academic 
                content and student academic achievement 
                standards and attain English proficiency.
          [(3) Special rule.--An eligible entity that proposes 
        to conduct a master's-level or doctoral-level program 
        with funds received under this section shall include in 
        the entity's application an assurance that such program 
        will include a training practicum in a local elementary 
        school or secondary school program serving limited 
        English proficient children.
          [(4) Outreach and technical assistance.--The 
        Secretary shall provide for outreach and technical 
        assistance to institutions of higher education eligible 
        for assistance under title III of the Higher Education 
        Act of 1965, and institutions of higher education that 
        are operated or funded by the Bureau of Indian Affairs, 
        to facilitate the participation of such institutions in 
        programs and activities under this section.
          [(5) Distribution rule.--In making awards under this 
        section, the Secretary shall ensure adequate 
        representation of Hispanic-serving institutions that 
        demonstrate competence and experience in carrying out 
        the programs and activities authorized under this 
        section and that are otherwise qualified.
  [(e) Priorities in Awarding Grants.--
          [(1) Grants to agencies.--In awarding grants to State 
        educational agencies and local educational agencies 
        under this section, the Secretary shall give priority 
        to agencies that propose programs and activities 
        designed to implement professional development programs 
        for teachers and educational personnel who are 
        providing or preparing to provide educational services 
        for limited English proficient children, including 
        services provided through language instruction 
        educational programs, that ensure such children attain 
        English proficiency and meet challenging State academic 
        content and student academic achievement standards.
          [(2) Grants to institutions of higher education.--In 
        awarding grants to institutions of higher education 
        under this section, the Secretary shall give priority 
        to institutions that propose programs and activities to 
        recruit and upgrade the qualifications and skills of 
        certified and non-certified educational personnel by 
        offering degree programs that prepare beginning 
        teachers to serve limited English proficient children.
  [(f) Program Evaluations.--Each recipient of an award under 
this section for a program or activity shall annually conduct 
an independent evaluation of the program or activity and submit 
to the Secretary a report containing such evaluation. Such 
report shall include information on--
          [(1) the program or activity conducted by the 
        recipient to provide high-quality professional 
        development to participants in such program or 
        activity;
          [(2) the number of participants served through the 
        program or activity, the number of participants who 
        completed the requirements of the program or activity, 
        and the number of participants who took positions in an 
        instruction setting with limited English proficient 
        children;
          [(3) the effectiveness of the program or activity in 
        imparting the professional skills necessary for 
        participants to achieve the objectives of the program 
        or activity; and
          [(4) the teaching effectiveness of graduates of the 
        program or activity or other participants who have 
        completed the program or activity.

           [Subpart 4--Emergency Immigrant Education Program

[SEC. 3241. PURPOSE.

  [The purpose of this subpart is to assist eligible local 
educational agencies that experience unexpectedly large 
increases in their student population due to immigration--
          [(1) to provide high-quality instruction to immigrant 
        children and youth; and
          [(2) to help such children and youth--
                  [(A) with their transition into American 
                society; and
                  [(B) meet the same challenging State academic 
                content and student academic achievement 
                standards as all children are expected to meet.

[SEC. 3242. STATE ADMINISTRATIVE COSTS.

  [For any fiscal year, a State educational agency may reserve 
not more than 1.5 percent (2 percent if the State educational 
agency distributes funds received under this subpart to local 
educational agencies on a competitive basis) of the amount 
allotted to such agency under section 3244 to pay the costs of 
performing such agency's administrative functions under this 
subpart.

[SEC. 3243. WITHHOLDING.

  [Whenever the Secretary, after providing reasonable notice 
and opportunity for a hearing to any State educational agency, 
finds that there is a failure to comply with a requirement of 
any provision of this subpart, the Secretary shall notify that 
agency that further payments will not be made to the agency 
under this subpart or, in the discretion of the Secretary, that 
the State educational agency shall not make further payments 
under this subpart to specified local educational agencies 
whose actions cause or are involved in such failure until the 
Secretary is satisfied that there is no longer any such failure 
to comply. Until the Secretary is so satisfied, no further 
payments shall be made to the State educational agency under 
this subpart, or payments by the State educational agency under 
this subpart shall be limited to local educational agencies 
whose actions did not cause or were not involved in the 
failure, as the case may be.

[SEC. 3244. STATE ALLOTMENTS.

  [(a) Payments.--The Secretary shall, in accordance with the 
provisions of this section, make payments to State educational 
agencies for each of the fiscal years 2002 through 2008 for the 
purpose set forth in section 3241.
  [(b) Allotments.--
          [(1) In general.--Except as provided in subsections 
        (c) and (d), of the amount appropriated for each fiscal 
        year for this subpart, each State participating in the 
        program assisted under this subpart shall receive an 
        allotment equal to the proportion of the number of 
        immigrant children and youth who are enrolled in public 
        elementary schools or secondary schools under the 
        jurisdiction of each local educational agency described 
        in paragraph (2), and in nonpublic elementary schools 
        or secondary schools within the district served by each 
        such local educational agency within such State, 
        relative to the total number of immigrant children and 
        youth so enrolled in all the States participating in 
        the program assisted under this subpart.
          [(2) Eligible local educational agencies.--A local 
        educational agency referred to in paragraph (1) is a 
        local educational agency for which the sum of the 
        number of immigrant children and youth who are enrolled 
        in public elementary schools or secondary schools under 
        the jurisdiction of such agency, and in nonpublic 
        elementary schools or secondary schools within the 
        district served by such agency, during the fiscal year 
        for which the payments are to be made under this 
        subpart, is equal to at least--
                  [(A) 500; or
                  [(B) 3 percent of the total number of 
                children enrolled in such public or nonpublic 
                schools during such fiscal year,
        whichever is less.
  [(c) Determinations of Number of Children and Youth.--
          [(1) In general.--Determinations by the Secretary 
        under this section for any period with respect to the 
        number of immigrant children and youth shall be made on 
        the basis of data or estimates provided to the 
        Secretary by each State educational agency in 
        accordance with criteria established by the Secretary, 
        unless the Secretary determines, after notice and 
        opportunity for a hearing to the affected State 
        educational agency, that such data or estimates are 
        clearly erroneous.
          [(2) Special rule.--No such determination with 
        respect to the number of immigrant children and youth 
        shall operate because of an underestimate or 
        overestimate to deprive any State educational agency of 
        the allotment under this section that such State would 
        otherwise have received had such determination been 
        made on the basis of accurate data.
  [(d) Reallotment.--
          [(1) In general.--Whenever the Secretary determines 
        that any amount of a payment made to a State under this 
        subpart for a fiscal year will not be used by such 
        State for carrying out the purpose for which the 
        payment was made, the Secretary shall make such amount 
        available for carrying out such purpose to one or more 
        other States to the extent the Secretary determines 
        that such other States will be able to use such 
        additional amount for carrying out such purpose.
          [(2) Fiscal year.--Any amount made available to a 
        State from any appropriation for a fiscal year in 
        accordance with paragraph (1) shall, for purposes of 
        this subpart, be regarded as part of such State's 
        payment (as determined under subsection (b)) for such 
        year, but shall remain available until the end of the 
        succeeding fiscal year.
  [(e) Reservation of Funds.--
          [(1) In general.--Notwithstanding any other provision 
        of this subpart, if the amount appropriated to carry 
        out this subpart exceeds $50,000,000 for a fiscal year, 
        a State educational agency may reserve not more than 20 
        percent of such agency's payment under this subpart for 
        such year to award grants, on a competitive basis, to 
        local educational agencies within the State as follows:
                  [(A) Agencies with immigrant children and 
                youth.--At least \1/2\ of the funds reserved 
                under this paragraph shall be made available to 
                eligible local educational agencies (as 
                described in subsection (b)(2)) within the 
                State with the highest numbers and percentages 
                of immigrant children and youth.
                  [(B) Agencies with a sudden influx of 
                children and youth.--Funds reserved under this 
                paragraph and not made available under 
                subparagraph (A) may be distributed to local 
                educational agencies within the State that are 
                experiencing a sudden influx of immigrant 
                children and youth and that are otherwise not 
                eligible for assistance under this subpart.
          [(2) Use of grant funds.--Each local educational 
        agency receiving a grant under paragraph (1) shall use 
        such grant funds to carry out the activities described 
        in section 3247.
          [(3) Information.--Local educational agencies 
        receiving funds under paragraph (1) with the highest 
        number of immigrant children and youth may make 
        information available on serving immigrant children and 
        youth to local educational agencies in the State with 
        sparse numbers of such children and youth.

[SEC. 3245. STATE APPLICATIONS.

  [(a) Submission.--No State educational agency shall receive 
any payment under this subpart for any fiscal year unless such 
agency submits an application to the Secretary at such time, in 
such manner, and containing or accompanied by such information, 
as the Secretary may reasonably require. Each such application 
shall--
          [(1) provide that the educational programs, services, 
        and activities for which payments under this subpart 
        are made will be administered by or under the 
        supervision of the agency;
          [(2) provide assurances that payments under this 
        subpart will be used for purposes set forth in sections 
        3241 and 3247, including a description of how local 
        educational agencies receiving funds under this subpart 
        will use such funds to meet such purposes and will 
        coordinate with entities carrying out other programs 
        and activities assisted under this Act, and other Acts 
        as appropriate;
          [(3) provide an assurance that local educational 
        agencies receiving funds under this subpart will 
        coordinate the use of such funds with entities carrying 
        out programs and activities assisted under part A of 
        title I;
          [(4) provide assurances that such payments, with the 
        exception of payments reserved under section 3244(e), 
        will be distributed among local educational agencies 
        within that State on the basis of the number of 
        immigrant children and youth counted with respect to 
        each such local educational agency under section 
        3244(b)(1);
          [(5) provide assurances that the State educational 
        agency will not finally disapprove in whole or in part 
        any application for funds received under this subpart 
        without first affording the local educational agency 
        submitting an application for such funds reasonable 
        notice and opportunity for a hearing;
          [(6) provide for making such reports as the Secretary 
        may reasonably require to perform the Secretary's 
        functions under this subpart;
          [(7) provide assurances--
                  [(A) that to the extent consistent with the 
                number of immigrant children and youth enrolled 
                in the nonpublic elementary schools or 
                secondary schools within the district served by 
                a local educational agency, such agency, after 
                consultation with appropriate officials of such 
                schools, shall provide for the benefit of such 
                children and youth secular, neutral, and 
                nonideological services, materials, and 
                equipment necessary for the education of such 
                children and youth;
                  [(B) that the control of funds provided under 
                this subpart for any materials or equipment, or 
                property repaired, remodeled, or constructed 
                with those funds shall be in a public agency 
                for the uses and purpose provided in this 
                subpart, and a public agency shall administer 
                such funds and property; and
                  [(C) that the provision of services pursuant 
                to this paragraph shall be provided by 
                employees of a public agency or through 
                contract by such public agency with a person, 
                association, agency, or corporation who or 
                which, in the provision of such services, is 
                independent of such nonpublic elementary school 
                or secondary school and of any religious 
                organization, and such employment or contract 
                shall be under the control and supervision of 
                such public agency, and the funds provided 
                under this paragraph shall not be commingled 
                with State or local funds;
          [(8) provide that funds reserved under section 
        3244(e) be awarded on a competitive basis based on 
        merit and need in accordance with such section; and
          [(9) provide an assurance that the State educational 
        agency and local educational agencies in the State 
        receiving funds under this subpart will comply with the 
        requirements of section 1120(b).
  [(b) Application Review.--
          [(1) In general.--The Secretary shall review all 
        applications submitted pursuant to this section by 
        State educational agencies.
          [(2) Approval.--The Secretary shall approve any 
        application submitted by a State educational agency 
        that meets the requirements of this section.
          [(3) Disapproval.--The Secretary shall disapprove any 
        application submitted by a State educational agency 
        that does not meet the requirements of this section, 
        but shall not finally disapprove an application except 
        after providing reasonable notice, technical 
        assistance, and an opportunity for a hearing to the 
        State educational agency.

[SEC. 3246. ADMINISTRATIVE PROVISIONS.

  [(a) Notification of Amount.--The Secretary, not later than 
June 1 of each year, shall notify each State educational agency 
that has an application approved under section 3245 of the 
amount of such agency's allotment under section 3244 for the 
succeeding year.
  [(b) Services to Immigrant Children and Youth Enrolled in 
Nonpublic Schools.--If by reason of any provision of law a 
local educational agency is prohibited from providing 
educational services for immigrant children and youth enrolled 
in nonpublic elementary schools and secondary schools, as 
required by section 3245(a)(7), or if the Secretary determines 
that a local educational agency has substantially failed or is 
unwilling to provide for the participation on an equitable 
basis of such children and youth enrolled in such schools, the 
Secretary may waive such requirement and shall arrange for the 
provision of services, subject to the requirements of this 
subpart, to such children and youth. Such waivers shall be 
subject to consultation, withholding, notice, and judicial 
review requirements in accordance with the provisions of title 
I.

[SEC. 3247. USES OF FUNDS.

  [(a) Use of Funds.--Funds awarded under this subpart shall be 
used to pay for enhanced instructional opportunities for 
immigrant children and youth, which may include--
          [(1) family literacy, parent outreach, and training 
        activities designed to assist parents to become active 
        participants in the education of their children;
          [(2) support of personnel, including teacher aides 
        who have been specifically trained, or are being 
        trained, to provide services to immigrant children and 
        youth;
          [(3) tutorials, mentoring, and academic or career 
        counseling for immigrant children and youth;
          [(4) identification and acquisition of curricular 
        materials, educational software, and technologies;
          [(5) the provision of basic instruction services that 
        are directly attributable to the presence in the school 
        district of immigrant children and youth, including 
        payment of costs of providing additional classroom 
        supplies, costs of transportation, or such other costs 
        as are directly attributable to such additional basic 
        instruction services; and
          [(6) such other activities, related to the purpose of 
        this subpart, as the Secretary may authorize.
  [(b) Consortia.--A local educational agency that receives a 
grant under this subpart may collaborate or form a consortium 
with one or more local educational agencies, institutions of 
higher education, and nonprofit organizations to carry out a 
program described in an application approved under this 
subpart.
  [(c) Subgrants.--A local educational agency that receives a 
grant under this subpart may, with the approval of the 
Secretary, make a subgrant to, or enter into a contract with, 
an institution of higher education, a nonprofit organization, 
or a consortium of such institutions or organizations to carry 
out a program described in an application approved under this 
subpart, including a program to serve out-of-school youth.
  [(d) Construction.--Nothing in this subpart shall be 
construed to prohibit a local educational agency from serving 
immigrant children and youth simultaneously with children and 
youth with similar educational needs, in the same educational 
settings where appropriate.

[SEC. 3248. REPORTS.

  [(a) Biennial Report.--Each State educational agency 
receiving funds under this subpart shall submit, once every 2 
years, a report to the Secretary concerning the expenditure of 
funds by local educational agencies under this subpart. Each 
local educational agency receiving funds under this subpart 
shall submit to the State educational agency such information 
as may be necessary for such report.
  [(b) Report to Congress.--The Secretary shall submit, once 
every 2 years, a report to the appropriate committees of 
Congress concerning programs assisted under this subpart.

                       [Subpart 5--Administration

[SEC. 3251. RELEASE TIME.

  [The Secretary shall allow entities carrying out professional 
development programs funded under this part to use funds 
provided under this part for professional release time to 
enable individuals to participate in programs assisted under 
this part.

[SEC. 3252. NOTIFICATION.

  [A State educational agency, and when applicable, the State 
board for postsecondary education, shall be notified within 3 
working days after the date an award under this part is made to 
an eligible entity within the State.

[SEC. 3253. COORDINATION AND REPORTING REQUIREMENTS.

  [(a) Coordination With Related Programs.--In order to 
maximize Federal efforts aimed at serving the educational needs 
of children and youth of limited English proficiency, the 
Secretary shall coordinate and ensure close cooperation with 
other programs serving language-minority and limited English 
proficient children that are administered by the Department and 
other agencies. The Secretary shall consult with the Secretary 
of Labor, the Secretary of Health and Human Services, the 
Secretary of Agriculture, the Attorney General, and the heads 
of other relevant agencies to identify and eliminate barriers 
to appropriate coordination of programs that affect language-
minority and limited English proficient children and their 
families. The Secretary shall provide for continuing 
consultation and collaboration, between the Office of English 
Language Acquisition, Language Enhancement, and Academic 
Achievement for Limited English Proficient Students and 
relevant programs operated by the Department, including 
programs under this part and other programs under this Act, in 
planning, contracts, providing joint technical assistance, 
providing joint field monitoring activities and in other 
relevant activities to ensure effective program coordination to 
provide high-quality educational opportunities to all language-
minority and limited English proficient children.
  [(b) Data.--The Secretary shall, to the extent feasible, 
ensure that all data collected by the Department shall include 
the collection and reporting of data on limited English 
proficient children.
  [(c) Publication of Proposals.--The Secretary shall publish 
and disseminate all requests for proposals for programs funded 
under this part.
  [(d) Report.--The Director shall prepare and, not later than 
February 1 of every other year, shall submit to the Secretary, 
the Committee on Education and the Workforce of the House of 
Representatives, and the Committee on Health, Education, Labor, 
and Pensions of the Senate a report--
          [(1) on programs and activities carried out to serve 
        limited English proficient children under this part, 
        and the effectiveness of such programs and activities 
        in improving the academic achievement and English 
        proficiency of children who are limited English 
        proficient;
          [(2) containing a critical synthesis of data reported 
        by States under section 3224, when applicable;
          [(3) containing an estimate of the number of 
        certified or licensed teachers working in language 
        instruction educational programs and educating limited 
        English proficient children, and an estimate of the 
        number of such teachers that will be needed for the 
        succeeding 5 fiscal years;
          [(4) containing the major findings of scientifically 
        based research carried out under this part; and
          [(5) containing other information gathered from the 
        reports submitted to the Secretary under this title 
        when applicable.

                      [PART C--GENERAL PROVISIONS

[SEC. 3301. DEFINITIONS.

  [Except as otherwise provided, in this title:
          [(1) Child.--The term ``child'' means any individual 
        aged 3 through 21.
          [(2) Community-based organization.--The term 
        ``community-based organization'' means a private 
        nonprofit organization of demonstrated effectiveness, 
        Indian tribe, or tribally sanctioned educational 
        authority, that is representative of a community or 
        significant segments of a community and that provides 
        educational or related services to individuals in the 
        community. Such term includes a Native Hawaiian or 
        Native American Pacific Islander native language 
        educational organization.
          [(3) Community college.--The term ``community 
        college'' means an institution of higher education as 
        defined in section 101 of the Higher Education Act of 
        1965 that provides not less than a 2-year program that 
        is acceptable for full credit toward a bachelor's 
        degree, including institutions receiving assistance 
        under the Tribally Controlled Colleges and Universities 
        Assistance Act of 1978.
          [(4) Director.--The term ``Director'' means the 
        Director of the Office of English Language Acquisition, 
        Language Enhancement, and Academic Achievement for 
        Limited English Proficient Students established under 
        section 209 of the Department of Education Organization 
        Act.
          [(5) Family education program.--The term ``family 
        education program'' means a language instruction 
        educational program or special alternative instruction 
        program that--
                  [(A) is designed--
                          [(i) to help limited English 
                        proficient adults and out-of-school 
                        youths achieve English proficiency; and
                          [(ii) to provide instruction on how 
                        parents and family members can 
                        facilitate the educational achievement 
                        of their children;
                  [(B) when feasible, uses instructional 
                programs based on models developed under the 
                Even Start Family Literacy Programs, which 
                promote adult literacy and train parents to 
                support the educational growth of their 
                children, the Parents as Teachers Program, and 
                the Home Instruction Program for Preschool 
                Youngsters; and
                  [(C) gives preference to participation by 
                parents and immediate family members of 
                children attending school.
          [(6) Immigrant children and youth.--The term 
        ``immigrant children and youth'' means individuals 
        who--
                  [(A) are aged 3 through 21;
                  [(B) were not born in any State; and
                  [(C) have not been attending one or more 
                schools in any one or more States for more than 
                3 full academic years.
          [(7) Indian tribe.--The term ``Indian tribe'' means 
        any Indian tribe, band, nation, or other organized 
        group or community, including any Native village or 
        Regional Corporation or Village Corporation as defined 
        in or established pursuant to the Alaska Native Claims 
        Settlement Act, that is recognized as eligible for the 
        special programs and services provided by the United 
        States to Indians because of their status as Indians.
          [(8) Language instruction educational program.--The 
        term ``language instruction educational program'' means 
        an instruction course--
                  [(A) in which a limited English proficient 
                child is placed for the purpose of developing 
                and attaining English proficiency, while 
                meeting challenging State academic content and 
                student academic achievement standards, as 
                required by section 1111(b)(1); and
                  [(B) that may make instructional use of both 
                English and a child's native language to enable 
                the child to develop and attain English 
                proficiency, and may include the participation 
                of English proficient children if such course 
                is designed to enable all participating 
                children to become proficient in English and a 
                second language.
          [(9) Native american and native american language.--
        The terms ``Native American'' and ``Native American 
        language'' shall have the meanings given such terms in 
        section 103 of the Native American Languages Act.
          [(10) Native hawaiian or native american pacific 
        islander native language educational organization.--The 
        term ``Native Hawaiian or Native American Pacific 
        Islander native language educational organization'' 
        means a nonprofit organization with--
                  [(A) a majority of its governing board and 
                employees consisting of fluent speakers of the 
                traditional Native American languages used in 
                the organization's educational programs; and
                  [(B) not less than 5 years successful 
                experience in providing educational services in 
                traditional Native American languages.
          [(11) Native language.--The term ``native language'', 
        when used with reference to an individual of limited 
        English proficiency, 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.
          [(12) Paraprofessional.--The term 
        ``paraprofessional'' means an individual who is 
        employed in a preschool, elementary school, or 
        secondary school under the supervision of a certified 
        or licensed teacher, including individuals employed in 
        language instruction educational programs, special 
        education, and migrant education.
          [(13) Specially qualified agency.--The term 
        ``specially qualified agency'' means an eligible 
        entity, as defined in section 3141, in a State whose 
        State educational agency--
                  [(A) does not participate in a program under 
                subpart 1 of part A for a fiscal year; or
                  [(B) submits a plan (or any amendment to a 
                plan) that the Secretary, after reasonable 
                notice and opportunity for a hearing, 
                determines does not satisfy the requirements of 
                such subpart.
          [(14) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.
          [(15) Tribally sanctioned educational authority.--The 
        term ``tribally sanctioned educational authority'' 
        means--
                  [(A) any department or division of education 
                operating within the administrative structure 
                of the duly constituted governing body of an 
                Indian tribe; and
                  [(B) any nonprofit institution or 
                organization that is--
                          [(i) chartered by the governing body 
                        of an Indian tribe to operate a school 
                        described in section 3112(a) or 
                        otherwise to oversee the delivery of 
                        educational services to members of the 
                        tribe; and
                          [(ii) approved by the Secretary for 
                        the purpose of carrying out programs 
                        under subpart 1 of part A for 
                        individuals served by a school 
                        described in section 3112(a).

[SEC. 3302. PARENTAL NOTIFICATION.

  [(a) In General.--Each eligible entity using funds provided 
under this title to provide a language instruction educational 
program shall, not later than 30 days after the beginning of 
the school year, inform a parent or the parents of a limited 
English proficient child identified for participation in, or 
participating in, such program of--
          [(1) the reasons for the identification of their 
        child as limited English proficient and in need of 
        placement in a language instruction educational 
        program;
          [(2) the child's level of English proficiency, how 
        such level was assessed, and the status of the child's 
        academic achievement;
          [(3) the method of instruction used in the program in 
        which their child is, or will be, participating, and 
        the methods of instruction used in other available 
        programs, including how such programs differ in 
        content, instruction goals, and use of English and a 
        native language in instruction;
          [(4) how the program in which their child is, or will 
        be participating will meet the educational strengths 
        and needs of the child;
          [(5) how such program will specifically help their 
        child learn English, and meet age appropriate academic 
        achievement standards for grade promotion and 
        graduation;
          [(6) the specific exit requirements for such program, 
        the expected rate of transition from such program into 
        classrooms that are not tailored for limited English 
        proficient children, and the expected rate of 
        graduation from secondary school for such program if 
        funds under this title are used for children in 
        secondary schools;
          [(7) in the case of a child with a disability, how 
        such program meets the objectives of the individualized 
        education program of the child; and
          [(8) information pertaining to parental rights that 
        includes written guidance--
                  [(A) 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
                  [(B) assisting parents in selecting among 
                various programs and methods of instruction, if 
                more than one program or method is offered by 
                the eligible entity.
  [(b) Separate Notification.--In addition to providing the 
information required to be provided under subsection (a), each 
eligible entity that is using funds provided under this title 
to provide a language instruction educational program, and that 
has failed to make progress on the annual measurable 
achievement objectives described in section 3122 for any fiscal 
year for which part A is in effect, shall separately inform a 
parent or the parents of a child identified for participation 
in such program, or participating in such program, of such 
failure not later than 30 days after such failure occurs.
  [(c) Receipt of Information.--The information required to be 
provided under subsections (a) and (b) to a parent shall be 
provided in an understandable and uniform format and, to the 
extent practicable, in a language that the parent can 
understand.
  [(d) Special Rule Applicable During School Year.--For a child 
who has not been identified for participation in a language 
instruction educational program prior to the beginning of the 
school year, the eligible entity shall carry out subsections 
(a) through (c) with respect to the parents of the child within 
2 weeks of the child being placed in such a program.
  [(e) Parental Participation.--
          [(1) In General.--Each eligible entity using funds 
        provided under this title to provide a language 
        instruction educational program shall implement an 
        effective means of outreach to parents of limited 
        English proficient children to inform such parents of 
        how they can--
                  [(A) be involved in the education of their 
                children; and
                  [(B) be active participants in assisting 
                their children--
                          [(i) to learn English;
                          [(ii) to achieve at high levels in 
                        core academic subjects; and
                          [(iii) to meet the same challenging 
                        State academic content and student 
                        academic achievement standards as all 
                        children are expected to meet.
          [(2) Receipt of recommendations.--The outreach 
        described in paragraph (1) shall include holding, and 
        sending notice of opportunities for, regular meetings 
        for the purpose of formulating and responding to 
        recommendations from parents described in such 
        paragraph.
  [(f) Basis for Admission or Exclusion.--A child shall not be 
admitted to, or excluded from, any federally assisted education 
program on the basis of a surname or language-minority status.

[SEC. 3303. 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 limited English proficient 
children, 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;
          [(4) collect and disseminate information on--
                  [(A) educational research and processes 
                related to the education of limited English 
                proficient children; and
                  [(B) accountability systems that monitor the 
                academic progress of limited English proficient 
                children in language instruction educational 
                programs, including information on academic 
                content and English proficiency assessments for 
                language instruction educational programs; and
          [(5) publish, on an annual basis, a list of grant 
        recipients under this title.

[SEC. 3304. REGULATIONS.

  [In developing regulations under this title, the Secretary 
shall consult with State educational agencies and local 
educational agencies, organizations representing limited 
English proficient individuals, and organizations representing 
teachers and other personnel involved in the education of 
limited English proficient children.]

          TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

                      PART A--PARENTAL ENGAGEMENT

                   Subpart 1--Charter School Program

SEC. 3101. SENSE OF THE HOUSE OF REPRESENTATIVES.

  It is the sense of the House of Representatives that the 
programs for public charter schools under part B of title V be 
reauthorized as such part was amended under the provisions of 
H.R. 2218, as passed by the House of Representatives on 
September 13, 2011, and be transferred and redesignated to this 
subpart.

                  Subpart 2--Magnet School Assistance

SEC. 3121. PURPOSE.

  The purpose of this subpart is to assist in the desegregation 
of schools served by local educational agencies by providing 
financial assistance to eligible local educational agencies 
for--
          (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;
          (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 State academic 
        standards;
          (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;
          (4) courses of instruction within magnet schools that 
        will substantially strengthen the knowledge of academic 
        subjects and the attainment of tangible and marketable 
        career, technical, and professional skills of students 
        attending such schools;
          (5) improving the ability 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
          (6) ensuring that students enrolled in the magnet 
        school programs have equitable access to a quality 
        education that will enable the students to succeed 
        academically and continue with postsecondary education 
        or employment.

SEC. 3122. DEFINITION.

  For the purpose of this subpart, 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.

SEC. 3123. PROGRAM AUTHORIZED.

  From the amount appropriated under section 3(b)(1)(B), the 
Secretary, in accordance with this subpart, is authorized to 
award grants to eligible local educational agencies, and 
consortia of such agencies where appropriate, to carry out the 
purpose of this subpart for magnet schools that are--
          (1) part of an approved desegregation plan; and
          (2) designed to bring students from different social, 
        economic, ethnic, and racial backgrounds together.

SEC. 3124. ELIGIBILITY.

  A local educational agency, or consortium of such agencies 
where appropriate, is eligible to receive a grant under this 
subpart to carry out the purpose of this subpart if such agency 
or consortium--
          (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
          (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 subpart, 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.

SEC. 3125. APPLICATIONS AND REQUIREMENTS.

  (a) Applications.--An eligible local educational agency, or 
consortium of such agencies, desiring to receive a grant under 
this subpart shall submit an application to the Secretary at 
such time and in such manner as the Secretary may reasonably 
require.
  (b) Information and Assurances.--Each application submitted 
under subsection (a) shall include--
          (1) a description of--
                  (A) how a grant awarded under this subpart 
                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;
                  (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;
                  (C) how the applicant will continue the 
                magnet school program after assistance under 
                this subpart is no longer available, and, if 
                applicable, an explanation of why magnet 
                schools established or supported by the 
                applicant with grant funds under this subpart 
                cannot be continued without the use of grant 
                funds under this subpart;
                  (D) how grant funds under this subpart will 
                be used--
                          (i) to improve student academic 
                        achievement for all students attending 
                        the magnet school programs; and
                          (ii) to implement services and 
                        activities that are consistent with 
                        other programs under this Act, and 
                        other Acts, as appropriate; and
                  (E) the criteria to be used in selecting 
                students to attend the proposed magnet school 
                program; and
          (2) assurances that the applicant will--
                  (A) use grant funds under this subpart for 
                the purposes specified in section 3121;
                  (B) employ effective teachers in the courses 
                of instruction assisted under this subpart;
                  (C) not engage in discrimination based on 
                race, religion, color, national origin, sex, or 
                disability in--
                          (i) the hiring, promotion, or 
                        assignment of employees of the 
                        applicant or other personnel for whom 
                        the applicant has any administrative 
                        responsibility;
                          (ii) the assignment of students to 
                        schools, or to courses of instruction 
                        within the schools, of such applicant, 
                        except to carry out the approved plan; 
                        and
                          (iii) designing or operating 
                        extracurricular activities for 
                        students;
                  (D) carry out a quality education program 
                that will encourage greater parental 
                decisionmaking and involvement; and
                  (E) give students residing in the local 
                attendance area of the proposed magnet school 
                program equitable consideration for placement 
                in the program, consistent with desegregation 
                guidelines and the capacity of the applicant to 
                accommodate the students.
  (c) Special Rule.--No grant shall be awarded under this 
subpart unless the Assistant Secretary of Education for Civil 
Rights determines that the assurances described in subsection 
(b)(2)(C) will be met.

SEC. 3126. PRIORITY.

  In awarding grants under this subpart, the Secretary shall 
give priority to applicants that--
          (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;
          (2) propose to carry out new magnet school programs, 
        or significantly revise existing magnet school 
        programs;
          (3) propose to select students to attend magnet 
        school programs by methods such as lottery, rather than 
        through academic examination; and
          (4) propose to serve the entire student population of 
        a school.

SEC. 3127. USE OF FUNDS.

  (a) In General.--Grant funds made available under this 
subpart may be used by an eligible local educational agency, or 
consortium of such agencies--
          (1) for planning and promotional activities directly 
        related to the development, expansion, continuation, or 
        enhancement of academic programs and services offered 
        at magnet schools;
          (2) for the acquisition of books, materials, and 
        equipment, including computers and the maintenance and 
        operation of materials, equipment, and computers, 
        necessary to conduct programs in magnet schools;
          (3) for the compensation, or subsidization of the 
        compensation, of elementary school and secondary school 
        teachers, and instructional staff where applicable, who 
        are necessary to conduct programs in magnet schools;
          (4) with respect to a magnet school program offered 
        to less than the entire student population of a school, 
        for instructional activities that--
                  (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
                  (B) further the purpose of this subpart;
          (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;
          (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
          (7) to enable the local educational agency, or 
        consortium of such agencies, to have flexibility in 
        designing magnet schools for students in all grades.
  (b) Special Rule.--Grant funds under this subpart 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 
academic 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 career, technical, and professional skills.

SEC. 3128. LIMITATIONS.

  (a) Duration of Awards.--A grant under this subpart shall be 
awarded for a period that shall not exceed 3 fiscal years.
  (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 subpart 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.
  (c) Amount.--No local educational agency, or consortium of 
such agencies, awarded a grant under this subpart shall receive 
more than $4,000,000 under this subpart for any 1 fiscal year.
  (d) Timing.--To the extent practicable, the Secretary shall 
award grants for any fiscal year under this subpart not later 
than July 1 of the applicable fiscal year.

SEC. 3129. EVALUATIONS.

  (a) Reservation.--The Secretary may reserve not more than 2 
percent of the funds appropriated under section 3(b)(1)(B) 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 subpart.
  (b) Contents.--Each evaluation described in subsection (a), 
at a minimum, shall address--
          (1) how and the extent to which magnet school 
        programs lead to educational quality and academic 
        improvement;
          (2) the extent to which magnet school programs 
        enhance student access to a quality education;
          (3) the extent to which magnet school programs lead 
        to the elimination, reduction, or prevention of 
        minority group isolation in elementary schools and 
        secondary schools with substantial proportions of 
        minority students; and
          (4) the extent to which magnet school programs differ 
        from other school programs in terms of the 
        organizational characteristics and resource allocations 
        of such magnet school programs.
  (c) Dissemination.--The Secretary shall collect and 
disseminate to the general public information on successful 
magnet school programs.

SEC. 3130. RESERVATION.

  In any fiscal year for which the amount appropriated under 
section 3(b)(1)(B) 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 subpart 
in the preceding fiscal year.

           Subpart 3--Family Engagement in Education Programs

SEC. 3141. PURPOSES.

  The purposes of this subpart are the following:
          (1) To provide financial support to organizations to 
        provide technical assistance and training to State and 
        local educational agencies in the implementation and 
        enhancement of systemic and effective family engagement 
        policies, programs, and activities that lead to 
        improvements in student development and academic 
        achievement.
          (2) To assist State educational agencies, local 
        educational agencies, community-based organizations, 
        schools, and educators in strengthening partnerships 
        among parents, teachers, school leaders, 
        administrators, and other school personnel in meeting 
        the educational needs of children and fostering greater 
        parental engagement.
          (3) To support State educational agencies, local 
        educational agencies, schools, educators, and parents 
        in developing and strengthening the relationship 
        between parents and their children's school in order to 
        further the developmental progress of children.
          (4) To coordinate activities funded under this 
        subpart with parent involvement initiatives funded 
        under section 1118 and other provisions of this Act.
          (5) To assist the Secretary, State educational 
        agencies, and local educational agencies in the 
        coordination and integration of Federal, State, and 
        local services and programs to engage families in 
        education.

SEC. 3142. GRANTS AUTHORIZED.

  (a) Statewide Family Engagement Centers.--From the amount 
appropriated under section 3(b)(1)(C), the Secretary is 
authorized to award grants for each fiscal year to statewide 
organizations (and consortia of such organizations and State 
educational agencies), to establish Statewide Family Engagement 
Centers that provide comprehensive training and technical 
assistance to State educational agencies, local educational 
agencies, schools identified by State educational agencies and 
local educational agencies, organizations that support family-
school partnerships, and other organizations that carry out, or 
carry out directly, parent education and family engagement in 
education programs.
  (b) Minimum Award.--In awarding grants under this section, 
the Secretary shall, to the extent practicable, ensure that a 
grant is awarded for a Statewide Family Engagement Center in an 
amount not less than $500,000.

SEC. 3143. APPLICATIONS.

  (a) Submissions.--Each statewide organization, or a 
consortium of such an organization and a State educational 
agency, that desires a grant under this subpart shall submit an 
application to the Secretary at such time, in such manner, and 
including the information described in subsection (b).
  (b) Contents.--Each application submitted under subsection 
(a) shall include, at a minimum, the following:
          (1) A description of the applicant's approach to 
        family engagement in education.
          (2) A description of the support that the Statewide 
        Family Engagement Center that will be operated by the 
        applicant will have from the applicant, including a 
        letter from the applicant outlining the commitment to 
        work with the center.
          (3) A description of the applicant's plan for 
        building a statewide infrastructure for family 
        engagement in education, that includes--
                  (A) management and governance;
                  (B) statewide leadership; or
                  (C) systemic services for family engagement 
                in education.
          (4) A description of the applicant's demonstrated 
        experience in providing training, information, and 
        support to State educational agencies, local 
        educational agencies, schools, educators, parents, and 
        organizations on family engagement in education 
        policies and practices that are effective for parents 
        (including low-income parents) and families, English 
        learners, minorities, parents of students with 
        disabilities, parents of homeless students, foster 
        parents and students, and parents of migratory 
        students, including evaluation results, reporting, or 
        other data exhibiting such demonstrated experience.
          (5) An assurance that the applicant will--
                  (A) establish a special advisory committee, 
                the membership of which includes--
                          (i) parents, who shall constitute a 
                        majority of the members of the special 
                        advisory committee;
                          (ii) representatives of education 
                        professionals with expertise in 
                        improving services for disadvantaged 
                        children;
                          (iii) representatives of local 
                        elementary schools and secondary 
                        schools, including students;
                          (iv) representatives of the business 
                        community; and
                          (v) representatives of State 
                        educational agencies and local 
                        educational agencies;
                  (B) use not less than 65 percent of the funds 
                received under this subpart in each fiscal year 
                to serve local educational agencies, schools, 
                and community-based organizations that serve 
                high concentrations of disadvantaged students, 
                including English learners, minorities, parents 
                of students with disabilities, parents of 
                homeless students, foster parents and students, 
                and parents of migratory students;
                  (C) operate a Statewide Family Engagement 
                Center of sufficient size, scope, and quality 
                to ensure that the Center is adequate to serve 
                the State educational agency, local educational 
                agencies, and community-based organizations;
                  (D) ensure that the Center will retain staff 
                with the requisite training and experience to 
                serve parents in the State;
                  (E) serve urban, suburban, and rural local 
                educational agencies and schools;
                  (F) work with--
                          (i) other Statewide Family Engagement 
                        Centers assisted under this subpart; 
                        and
                          (ii) parent training and information 
                        centers and community parent resource 
                        centers assisted under sections 671 and 
                        672 of the Individuals with 
                        Disabilities Education Act;
                  (G) use not less than 30 percent of the funds 
                received under this subpart for each fiscal 
                year to establish or expand technical 
                assistance for evidence-based parent education 
                programs;
                  (H) provide assistance to State educational 
                agencies and local educational agencies and 
                community-based organizations that support 
                family members in supporting student academic 
                achievement;
                  (I) work with State educational agencies, 
                local educational agencies, schools, educators, 
                and parents to determine parental needs and the 
                best means for delivery of services to address 
                such needs; and
                  (J) conduct sufficient outreach to assist 
                parents, including parents who the applicant 
                may have a difficult time engaging with a 
                school or local educational agency.

SEC. 3144. USES OF FUNDS.

  (a) In General.--Grantees shall use grant funds received 
under this subpart, based on the needs determined under section 
3143(b)(5)(I), to provide training and technical assistance to 
State educational agencies, local educational agencies, and 
organizations that support family-school partnerships, and 
activities, services, and training for local educational 
agencies, school leaders, educators, and parents--
          (1) to assist parents in participating effectively in 
        their children's education and to help their children 
        meet State standards, such as assisting parents--
                  (A) to engage in activities that will improve 
                student academic achievement, including 
                understanding how they can support learning in 
                the classroom with activities at home and in 
                afterschool and extracurricular programs;
                  (B) to communicate effectively with their 
                children, teachers, school leaders, counselors, 
                administrators, and other school personnel;
                  (C) to become active participants in the 
                development, implementation, and review of 
                school-parent compacts, family engagement in 
                education policies, and school planning and 
                improvement;
                  (D) to participate in the design and 
                provision of assistance to students who are not 
                making academic progress;
                  (E) to participate in State and local 
                decisionmaking;
                  (F) to train other parents; and
                  (G) to help the parents learn and use 
                technology applied in their children's 
                education;
          (2) to develop and implement, in partnership with the 
        State educational agency, statewide family engagement 
        in education policy and systemic initiatives that will 
        provide for a continuum of services to remove barriers 
        for family engagement in education and support school 
        reform efforts; and
          (3) to develop, implement, and assess parental 
        involvement policies under sections 1112 and 1118.
  (b) Matching Funds for Grant Renewal.--For each fiscal year 
after the first fiscal year for which an organization or 
consortium receives assistance under this section, the 
organization or consortium shall demonstrate in the application 
that a portion of the services provided by the organization or 
consortium is supported through non-Federal contributions, 
which may be in cash or in-kind.
  (c) Technical Assistance.--The Secretary shall reserve not 
more than 2 percent of the funds appropriated under section 
3(b)(C) to carry out this subpart to provide technical 
assistance, by grant or contract, for the establishment, 
development, and coordination of Statewide Family Engagement 
Centers.
  (d) Rule of Construction.--Nothing in this section shall be 
construed to prohibit a Statewide Family Engagement Center 
from--
          (1) having its employees or agents meet with a parent 
        at a site that is not on school grounds; or
          (2) working with another agency that serves children.
  (e) Parental Rights.--Notwithstanding any other provision of 
this section--
          (1) no person (including a parent who educates a 
        child at home, a public school parent, or a private 
        school parent) shall be required to participate in any 
        program of parent education or developmental screening 
        under this section; and
          (2) no program or center assisted under this section 
        shall take any action that infringes in any manner on 
        the right of a parent to direct the education of their 
        children.

SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS.

  The Secretary of the Interior, in consultation with the 
Secretary of Education, shall establish, or enter into 
contracts and cooperative agreements with local Indian 
nonprofit parent organizations to establish and operate Family 
Engagement Centers.

                 PART B--LOCAL ACADEMIC FLEXIBLE GRANT

SEC. 3201. PURPOSE.

  The purpose of this part is to--
          (1) provide local educational agencies with the 
        opportunity to access funds to support the initiatives 
        important to their schools and students to improve 
        academic achievement; and
          (2) provide nonprofit and for-profit entities the 
        opportunity to work with students to improve academic 
        achievement.

SEC. 3202. ALLOTMENTS TO STATES.

  (a) Reservations.--From the funds appropriated under section 
3(b)(2) for any fiscal year, the Secretary shall reserve--
          (1) not more than one-half of 1 percent for national 
        activities to provide technical assistance to eligible 
        entities in carrying out programs under this part; and
          (2) not more than one-half of 1 percent for payments 
        to the outlying areas and the Bureau of Indian 
        Education, to be allotted in accordance with their 
        respective needs for assistance under this part, as 
        determined by the Secretary, to enable the outlying 
        areas and the Bureau to carry out the purpose of this 
        part.
  (b) State Allotments.--
          (1) Determination.--From the funds appropriated under 
        section 3(b)(2) for any fiscal year and remaining after 
        the Secretary makes reservations under subsection (a), 
        the Secretary shall allot to each State for the fiscal 
        year an amount that bears the same relationship to the 
        remainder as the amount the State received under 
        chapter B of subpart 1 of part A of title I for the 
        preceding fiscal year bears to the amount all States 
        received under that chapter for the preceding fiscal 
        year, except that no State shall receive less than an 
        amount equal to one-half of 1 percent of the total 
        amount made available to all States under this 
        subsection.
          (2) Reallotment of unused funds.--If a State does not 
        receive an allotment under this part for a fiscal year, 
        the Secretary shall reallot the amount of the State's 
        allotment to the remaining States in accordance with 
        this section.
  (c) State Use of Funds.--
          (1) In general.--Each State that receives an 
        allotment under this part shall reserve not less than 
        75 percent of the amount allotted to the State under 
        subsection (b) for each fiscal year for awards to 
        eligible entities under section 3204.
          (2) Awards to nongovernmental entities to improve 
        student academic achievement.--Each State that receives 
        an allotment under subsection (b) for each fiscal year 
        shall reserve not less than 10 percent of the amount 
        allotted to the State for awards to nongovernmental 
        entities under section 3205.
          (3) State activities and state administration.--A 
        State educational agency may reserve not more than 15 
        percent of the amount allotted to the State under 
        subsection (b) for each fiscal year for the following:
                  (A) Enabling the State educational agency--
                          (i) to pay the costs of developing 
                        the State assessments and standards 
                        required under section 1111(b), which 
                        may include the costs of working, at 
                        the sole discretion of the State, in 
                        voluntary partnerships with other 
                        States to develop such assessments and 
                        standards; or
                          (ii) if the State has developed the 
                        assessments and standards required 
                        under section 1111(b), to administer 
                        those assessments or carry out other 
                        activities related to ensuring that the 
                        State's schools and local educational 
                        agencies are helping students meet the 
                        State's academic standards under such 
                        section.
                  (B) The administrative costs of carrying out 
                its responsibilities under this part, except 
                that not more than 5 percent of the reserved 
                amount may be used for this purpose.
                  (C) Monitoring and evaluation of programs and 
                activities assisted under this part.
                  (D) Providing training and technical 
                assistance under this part.
                  (E) Statewide academic focused programs.
                  (F) Sharing evidence-based and other 
                effective strategies with eligible entities.

SEC. 3203. STATE APPLICATION.

  (a) In General.--In order to receive an allotment under 
section 3202 for any fiscal year, a State shall submit to the 
Secretary, at such time as the Secretary may require, an 
application that--
          (1) designates the State educational agency as the 
        agency responsible for the administration and 
        supervision of programs assisted under this part;
          (2) describes how the State educational agency will 
        use funds reserved for State-level activities;
          (3) describes the procedures and criteria the State 
        educational agency will use for reviewing applications 
        and awarding funds to eligible entities on a 
        competitive basis, which shall include reviewing how 
        the proposed project will help increase student 
        academic achievement;
          (4) describes how the State educational agency will 
        ensure that awards made under this part are--
                  (A) of sufficient size and scope to support 
                high-quality, effective programs that are 
                consistent with the purpose of this part; and
                  (B) in amounts that are consistent with 
                section 3204(f);
          (5) describes the steps the State educational agency 
        will take to ensure that programs implement effective 
        strategies, including providing ongoing technical 
        assistance and training, and dissemination of evidence-
        based and other effective strategies;
          (6) describes how the State educational agency will 
        consider students across all grades when making these 
        awards;
          (7) an assurance that, other than 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 
        decision-making process of eligible entities as to the 
        expenditure of funds received by the eligible entities 
        under this part;
          (8) describes how programs under this part will be 
        coordinated with programs under this Act, and other 
        programs as appropriate;
          (9) contains an assurance that the State educational 
        agency--
                  (A) will make awards for programs for a 
                period of not more than 5 years; and
                  (B) will require each eligible entity seeking 
                such an award to submit a plan describing how 
                the project to be funded through the award will 
                continue after funding under this part ends, if 
                applicable; and
          (10) contains an assurance that funds appropriated to 
        carry out this part will be used to supplement, and not 
        supplant, State and local public funds expended to 
        provide programs and activities authorized under this 
        part and other similar programs.
  (b) Deemed Approval.--An application submitted by a State 
educational agency pursuant to subsection (a) shall be deemed 
to be approved by the Secretary unless the Secretary makes a 
written determination, prior to the expiration of the 120-day 
period beginning on the date on which the Secretary received 
the application, that the application is not in compliance with 
this part.
  (c) Disapproval.--The Secretary shall not finally disapprove 
the application, except after giving the State educational 
agency notice and an opportunity for a hearing.
  (d) Notification.--If the Secretary finds that the 
application is not in compliance, in whole or in part, with 
this part, the Secretary shall--
          (1) give the State educational agency notice and an 
        opportunity for a hearing; and
          (2) notify the State educational agency of the 
        finding of noncompliance, and, in such notification, 
        shall--
                  (A) cite the specific provisions in the 
                application that are not in compliance; and
                  (B) request additional information, only as 
                to the noncompliant provisions, needed to make 
                the application compliant.
  (e) Response.--If the State educational agency responds to 
the Secretary's notification described in subsection (d)(2) 
during the 45-day period beginning on the date on which the 
agency received the notification, and resubmits the application 
with the requested information described in subsection 
(d)(2)(B), the Secretary shall approve or disapprove such 
application prior to the later of--
          (1) the expiration of the 45-day period beginning on 
        the date on which the application is resubmitted; or
          (2) the expiration of the 120-day period described in 
        subsection (b).
  (f) Failure to Respond.--If the State educational agency does 
not respond to the Secretary's notification described in 
subsection (d)(2) during the 45-day period beginning on the 
date on which the agency received the notification, such 
application shall be deemed to be disapproved.
  (g) Rule of Construction.--An application submitted by a 
State educational agency pursuant to subsection (a) shall not 
be approved or disapproved based upon the activities for which 
the agency may make funds available to eligible entities under 
section 3204 if the agency's use of funds is consistent with 
section 3204(b).

SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM.

  (a) In General.--A State that receives funds under this part 
for a fiscal year shall provide the amount made available under 
section 3202(c)(1) to eligible entities in accordance with this 
section.
  (b) Use of Funds.--
          (1) In general.--An eligible entity that receives an 
        award under this part shall use the funds for 
        activities that--
                  (A) are evidence-based;
                  (B) will improve student academic 
                achievement;
                  (C) are allowable under State law; and
                  (D) focus on one or more projects from the 
                following two categories:
                          (i) Supplemental student support 
                        activities such as before, after, or 
                        summer school activities, tutoring, and 
                        expanded learning time, but not 
                        including athletics or in-school 
                        learning activities.
                          (ii) Activities designed to support 
                        students, such as academic subject 
                        specific programs, adjunct teacher 
                        programs, extended learning time 
                        programs, and parent engagement, but 
                        not including activities to--
                                  (I) support smaller class 
                                sizes or construction; or
                                  (II) provide compensation or 
                                benefits to teachers, school 
                                leaders, other school 
                                officials, or local educational 
                                agency staff.
          (2) Participation of children enrolled in private 
        schools.--An eligible entity that receives an award 
        under this part shall ensure compliance with section 
        5501 (relating to participation of children enrolled in 
        private schools).
  (c) Application.--
          (1) In general.--To be eligible to receive an award 
        under this part, an eligible entity shall submit an 
        application to the State educational agency at such 
        time, in such manner, and including such information as 
        the State educational agency may reasonably require, 
        including the contents required by paragraph (2).
          (2) Contents.--Each application submitted under 
        paragraph (1) shall include--
                  (A) a description of the activities to be 
                funded and how they are consistent with 
                subsection (b);
                  (B) an assurance that funds under this part 
                will be used to increase the level of State, 
                local, and other non-Federal funds that would, 
                in the absence of funds under this part, be 
                made available for programs and activities 
                authorized under this part, and in no case 
                supplant State, local, or non-Federal funds;
                  (C) an assurance that the community will be 
                given notice of an intent to submit an 
                application with an opportunity for comment, 
                and that the application will be available for 
                public review after submission of the 
                application; and
                  (D) an assurance that students who benefit 
                from any activity funded under this part shall 
                continue to maintain enrollment in a public 
                elementary or secondary school.
  (d) Review.--In reviewing local applications under this 
section, a State educational agency shall use a peer review 
process or other methods of assuring the quality of such 
applications but the review shall be limited to the likelihood 
that the project will increase student academic achievement.
  (e) Geographic Diversity.--A State educational agency shall 
distribute funds under this part equitably among geographic 
areas within the State, including rural, suburban, and urban 
communities.
  (f) Award.--A grant shall be awarded to all eligible entities 
that submit an application that meets the requirements of this 
section in an amount that is not less than $10,000, but there 
shall be only one minimum award granted to any one local 
educational agency.
  (g) Duration of Awards.--Grants under this part may be 
awarded for a period of not more than 5 years.
  (h) Eligible Entity Defined.--In this section, the term 
``eligible entity'' means--
          (1) a local educational agency in partnership with a 
        community-based organization, business entity, or 
        nongovernmental entity;
          (2) a consortium of local educational agencies 
        working in partnership with a community-based 
        organization, business entity, or nongovernmental 
        entity;
          (3) a community-based organization in partnership 
        with a local educational agency and, if applicable, a 
        business entity or nongovernmental entity; or
          (4) a business entity in partnership with a local 
        educational agency and, if applicable, a community-
        based organization or nongovernmental entity.

SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO IMPROVE ACADEMIC 
                    ACHIEVEMENT.

  (a) In General.--From the amount reserved under section 
3202(c)(2), a State educational agency shall award grants to 
nongovernmental entities, including public or private 
organizations, community-based or faith-based organizations, 
and business entities for a program or project to increase the 
academic achievement of public school students attending public 
elementary or secondary schools (or both) in compliance with 
the requirements in this section. Subject to the availability 
of funds, the State educational agency shall award a grant to 
each eligible applicant that meets the requirements in a 
sufficient size and scope to support the program.
  (b) Application.--The State educational agency shall require 
an application that includes the following information:
          (1) A description of the program or project the 
        applicant will use the funds to support.
          (2) A description of how the applicant is using or 
        will use other State, local, or private funding to 
        support the program or project.
          (3) A description of how the program or project will 
        help increase student academic achievement, including 
        the evidence to support this claim.
          (4) A description of the student population the 
        program or project is targeting to impact, and if the 
        program will prioritize students in high-need local 
        educational agencies.
          (5) A description of how the applicant will conduct 
        sufficient outreach to ensure students can participate 
        in the program or project.
          (6) A description of any partnerships the applicant 
        has entered into with the local educational agencies or 
        other entities the applicant will work with, if 
        applicable.
          (7) A description of how the applicant will work to 
        share evidence-based and other effective strategies 
        from the program or project with local educational 
        agencies and other entities working with students to 
        increase academic achievement.
          (8) An assurance that students who benefit from any 
        program or project funded under this section shall 
        continue to maintain enrollment in a public elementary 
        or secondary school.
  (c) Matching Contribution.--An eligible applicant receiving a 
grant under this section shall provide, either directly or 
through private contributions, non-Federal matching funds equal 
to not less than 50 percent of the amount of the grant.
  (d) Review.--The State educational agency shall review the 
application to ensure that--
          (1) the applicant is an eligible applicant;
          (2) the application clearly describes the required 
        elements in subsection (b);
          (3) the entity meets the matching requirement 
        described in subsection (c); and
          (4) the program is allowable and complies with 
        Federal, State, and local laws.
  (e) Distribution of Funds.--If the application requests 
exceed the funds available, the State educational agency shall 
prioritize projects that support students in high-need local 
educational agencies and ensure geographic diversity, including 
serving rural, suburban, and urban areas.
  (f) Administrative Costs.--Not more than 1 percent of a grant 
awarded under this section may be used for administrative 
costs.

SEC. 3206. REPORT.

  Each recipient of a grant under section 3204 or 3205 shall 
report to the State educational agency on--
          (1) the success of the program in reaching the goals 
        of the program;
          (2) a description of the students served by the 
        program and how the students' academic achievement 
        improved; and
          (3) the results of any evaluation conducted on the 
        success of the program.

                    [TITLE IV--21ST CENTURY SCHOOLS

          [PART A--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

[SEC. 4001. SHORT TITLE.

  [This part may be cited as the ``Safe and Drug-Free Schools 
and Communities Act''.

[SEC. 4002. PURPOSE.

  [The purpose of this part is to support programs that prevent 
violence in and around schools; that prevent the illegal use of 
alcohol, tobacco, and drugs; that involve parents and 
communities; and that are coordinated with related Federal, 
State, school, and community efforts and resources to foster a 
safe and drug-free learning environment that supports student 
academic achievement, through the provision of Federal 
assistance to--
          [(1) States for grants to local educational agencies 
        and consortia of such agencies to establish, operate, 
        and improve local programs of school drug and violence 
        prevention and early intervention;
          [(2) States for grants to, and contracts with, 
        community-based organizations and public and private 
        entities for programs of drug and violence prevention 
        and early intervention, including community-wide drug 
        and violence prevention planning and organizing 
        activities;
          [(3) States for development, training, technical 
        assistance, and coordination activities; and
          [(4) public and private entities to provide technical 
        assistance; conduct training, demonstrations, and 
        evaluation; and to provide supplementary services and 
        community-wide drug and violence prevention planning 
        and organizing activities for the prevention of drug 
        use and violence among students and youth.

[SEC. 4003. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated--
          [(1) $650,000,000 for fiscal year 2002, and such sums 
        as may be necessary for each of the 5 succeeding fiscal 
        years, for State grants under subpart 1; and
          [(2) such sums for fiscal year 2002, and for each of 
        the 5 succeeding fiscal years, for national programs 
        under subpart 2.

                        [Subpart 1--State Grants

[SEC. 4111. RESERVATIONS AND ALLOTMENTS.

  [(a) Reservations.--
          [(1) In general.--From the amount made available 
        under section 4003(1) to carry out this subpart for 
        each fiscal year, the Secretary--
                  [(A) shall reserve 1 percent or $4,750,000 
                (whichever is greater) of such amount for 
                grants to Guam, American Samoa, the United 
                States Virgin Islands, and the Commonwealth of 
                the Northern Mariana Islands, to be allotted in 
                accordance with the Secretary's determination 
                of their respective needs and to carry out 
                programs described in this subpart;
                  [(B) shall reserve 1 percent or $4,750,000 
                (whichever is greater) of such amount for the 
                Secretary of the Interior to carry out programs 
                described in this subpart for Indian youth; and
                  [(C) shall reserve 0.2 percent of such amount 
                for Native Hawaiians to be used under section 
                4117 to carry out programs described in this 
                subpart.
          [(2) Other reservations.--From the amount made 
        available under section 4003(2) to carry out subpart 2 
        for each fiscal year, the Secretary--
                  [(A) may reserve not more than $2,000,000 for 
                the national impact evaluation required by 
                section 4122(a);
                  [(B) notwithstanding section 3 of the No 
                Child Left Behind Act of 2001, shall reserve an 
                amount necessary to make continuation grants to 
                grantees under the Safe Schools/Healthy 
                Students initiative (under the same terms and 
                conditions as provided for in the grants 
                involved).
  [(b) State Allotments.--
          [(1) In general.--Except as provided in paragraph 
        (2), the Secretary shall, for each fiscal year, allot 
        among the States--
                  [(A) one-half of the remainder not reserved 
                under subsection (a) according to the ratio 
                between the school-aged population of each 
                State and the school-aged population of all the 
                States; and
                  [(B) one-half of such remainder according to 
                the ratio between the amount each State 
                received under section 1124A for the preceding 
                year and the sum of such amounts received by 
                all the States.
          [(2) Minimum.--For any fiscal year, no State shall be 
        allotted under this subsection an amount that is less 
        than the greater of--
                  [(A) one-half of 1 percent of the total 
                amount allotted to all the States under this 
                subsection; or
                  [(B) the amount such State received for 
                fiscal year 2001 under section 4111 as such 
                section was in effect the day preceding the 
                date of enactment of the No Child Left Behind 
                Act of 2001.
          [(3) Reallotment.--
                  [(A) Reallotment for failure to apply.--If 
                any State does not apply for an allotment under 
                this subpart for a fiscal year, the Secretary 
                shall reallot the amount of the State's 
                allotment to the remaining States in accordance 
                with this section.
                  [(B) Reallotment of unused funds.--The 
                Secretary may reallot any amount of any 
                allotment to a State if the Secretary 
                determines that the State will be unable to use 
                such amount within 2 years of such allotment. 
                Such reallotments shall be made on the same 
                basis as allotments are made under paragraph 
                (1).
          [(4) Definition.--In this section the term ``State'' 
        means each of the 50 States, the District of Columbia, 
        and the Commonwealth of Puerto Rico.
  [(c) Limitation.--Amounts appropriated under section 4003(2) 
for a fiscal year may not be increased above the amounts 
appropriated under such section for the previous fiscal year 
unless the amounts appropriated under section 4003(1) for the 
fiscal year involved are at least 10 percent greater that the 
amounts appropriated under such section 4003(1) for the 
previous fiscal year.

[SEC. 4112. RESERVATION OF STATE FUNDS FOR SAFE AND DRUG-FREE SCHOOLS.

  [(a) State Reservation for the Chief Executive Officer of a 
State.--
          [(1) In general.--The chief executive officer of a 
        State may reserve not more than 20 percent of the total 
        amount allocated to a State under section 4111(b) for 
        each fiscal year to award competitive grants and 
        contracts to local educational agencies, community-
        based organizations (including community anti-drug 
        coalitions) other public entities and private 
        organizations, and consortia thereof. Such grants and 
        contracts shall be used to carry out the comprehensive 
        State plan described in section 4113(a) through 
        programs or activities that complement and support 
        activities of local educational agencies described in 
        section 4115(b). Such officer shall award grants based 
        on--
                  [(A) the quality of the program or activity 
                proposed; and
                  [(B) how the program or activity meets the 
                principles of effectiveness described in 
                section 4115(a).
          [(2) Priority.--In making such grants and contracts 
        under this section, a chief executive officer shall 
        give priority to programs and activities that prevent 
        illegal drug use and violence for--
                  [(A) children and youth who are not normally 
                served by State educational agencies or local 
                educational agencies; or
                  [(B) populations that need special services 
                or additional resources (such as youth in 
                juvenile detention facilities, runaway or 
                homeless children and youth, pregnant and 
                parenting teenagers, and school dropouts).
          [(3) Special consideration.--In awarding funds under 
        paragraph (1), a chief executive officer shall give 
        special consideration to grantees that pursue a 
        comprehensive approach to drug and violence prevention 
        that includes providing and incorporating mental health 
        services related to drug and violence prevention in 
        their program.
          [(4) Peer review.--Grants or contracts awarded under 
        this section shall be subject to a peer review process.
          [(5) Use of funds.--Grants and contracts under this 
        section shall be used to implement drug and violence 
        prevention activities, including--
                  [(A) activities that complement and support 
                local educational agency activities under 
                section 4115, including developing and 
                implementing activities to prevent and reduce 
                violence associated with prejudice and 
                intolerance;
                  [(B) dissemination of information about drug 
                and violence prevention; and
                  [(C) development and implementation of 
                community-wide drug and violence prevention 
                planning and organizing.
          [(6) Administrative costs.--The chief executive 
        officer of a State may use not more than 3 percent of 
        the amount described in paragraph (1) for the 
        administrative costs incurred in carrying out the 
        duties of such officer under this section.
  [(b) In State Distribution.--
          [(1) In general.--A State educational agency shall 
        distribute not less than 93 percent of the amount made 
        available to the State under section 4111(b), less the 
        amount reserved under subsection (a) of this section, 
        to its local educational agencies.
          [(2) State administration costs.--
                  [(A) In general.--A State educational agency 
                may use not more than 3 percent of the amount 
                made available to the State under section 
                4111(b) for each fiscal year less the amount 
                reserved under subsection (a) of this section, 
                for State educational agency administrative 
                costs, including the implementation of the 
                uniform management information and reporting 
                system as provided for under subsection (c)(3).
                  [(B) Additional amounts for the uniform 
                management information system.--In the case of 
                fiscal year 2002, a State educational agency 
                may, in addition to amounts provided for in 
                subparagraph (A), use 1 percent of the amount 
                made available to the State educational agency 
                under section 4111(b) for each fiscal year less 
                the amount reserved under subsection (a) of 
                this section, for implementation of the uniform 
                management information and reporting system as 
                provided for under subsection (c)(3).
  [(c) State Activities.--
          [(1) In general.--A State educational agency may use 
        not more than 5 percent of the amount made available to 
        the State under section 4111(b) for each fiscal year 
        less the amount reserved under subsection (a) of this 
        section, for activities described in this subsection.
          [(2) Activities.--A State educational agency shall 
        use the amounts described in paragraph (1), either 
        directly, or through grants and contracts, to plan, 
        develop, and implement capacity building, technical 
        assistance and training, evaluation, program 
        improvement services, and coordination activities for 
        local educational agencies, community-based 
        organizations, and other public and private entities. 
        Such uses--
                  [(A) shall meet the principles of 
                effectiveness described in section 4115(a);
                  [(B) shall complement and support local uses 
                of funds under section 4115(b);
                  [(C) shall be in accordance with the purposes 
                of this part; and
                  [(D) may include, among others activities--
                          [(i) identification, development, 
                        evaluation, and dissemination of drug 
                        and violence prevention strategies, 
                        programs, activities, and other 
                        information;
                          [(ii) training, technical assistance, 
                        and demonstration projects to address 
                        violence that is associated with 
                        prejudice and intolerance; and
                          [(iii) financial assistance to 
                        enhance drug and violence prevention 
                        resources available in areas that serve 
                        large numbers of low-income children, 
                        are sparsely populated, or have other 
                        special needs.
          [(3) Uniform management information and reporting 
        system.--
                  [(A) Information and statistics.--A State 
                shall establish a uniform management 
                information and reporting system.
                  [(B) Uses of funds.--A State may use funds 
                described in subparagraphs (A) and (B) of 
                subsection (b)(2), either directly or through 
                grants and contracts, to implement the uniform 
                management information and reporting system 
                described in subparagraph (A), for the 
                collection of information on--
                          [(i) truancy rates;
                          [(ii) the frequency, seriousness, and 
                        incidence of violence and drug-related 
                        offenses resulting in suspensions and 
                        expulsions in elementary schools and 
                        secondary schools in the State;
                          [(iii) the types of curricula, 
                        programs, and services provided by the 
                        chief executive officer, the State 
                        educational agency, local educational 
                        agencies, and other recipients of funds 
                        under this subpart; and
                          [(iv) the incidence and prevalence, 
                        age of onset, perception of health 
                        risk, and perception of social 
                        disapproval of drug use and violence by 
                        youth in schools and communities.
                  [(C) Compilation of statistics.--In compiling 
                the statistics required for the uniform 
                management information and reporting system, 
                the offenses described in subparagraph (B)(ii) 
                shall be defined pursuant to the State's 
                criminal code, but shall not identify victims 
                of crimes or persons accused of crimes. The 
                collected data shall include incident reports 
                by school officials, anonymous student surveys, 
                and anonymous teacher surveys.
                  [(D) Reporting.--The information described 
                under subparagraph (B) shall be reported to the 
                public and the data referenced in clauses (i) 
                and (ii) of such subparagraph shall be reported 
                to the State on a school-by-school basis.
                  [(E) Limitation.--Nothing in this subsection 
                shall be construed to authorize the Secretary 
                to require particular policies, procedures, or 
                practices with respect to crimes committed on 
                school property or school security.

[SEC. 4113. STATE APPLICATION.

  [(a) In General.--In order to receive an allotment under 
section 4111(b) for any fiscal year, a State shall submit to 
the Secretary, at such time as the Secretary may require, an 
application that--
          [(1) contains a comprehensive plan for the use of 
        funds by the State educational agency and the chief 
        executive officer of the State to provide safe, 
        orderly, and drug-free schools and communities through 
        programs and activities that complement and support 
        activities of local educational agencies under section 
        4115(b), that comply with the principles of 
        effectiveness under section 4115(a), and that otherwise 
        are in accordance with the purpose of this part;
          [(2) describes how activities funded under this 
        subpart will foster a safe and drug-free learning 
        environment that supports academic achievement;
          [(3) provides an assurance that the application was 
        developed in consultation and coordination with 
        appropriate State officials and others, including the 
        chief executive officer, the chief State school 
        officer, the head of the State alcohol and drug abuse 
        agency, the heads of the State health and mental health 
        agencies, the head of the State criminal justice 
        planning agency, the head of the State child welfare 
        agency, the head of the State board of education, or 
        their designees, and representatives of parents, 
        students, and community-based organizations;
          [(4) describes how the State educational agency will 
        coordinate such agency's activities under this subpart 
        with the chief executive officer's drug and violence 
        prevention programs under this subpart and with the 
        prevention efforts of other State agencies and other 
        programs, as appropriate, in accordance with the 
        provisions in section 9306;
          [(5) provides an assurance that funds reserved under 
        section 4112(a) will not duplicate the efforts of the 
        State educational agency and local educational agencies 
        with regard to the provision of school-based drug and 
        violence prevention activities and that those funds 
        will be used to serve populations not normally served 
        by the State educational agencies and local educational 
        agencies and populations that need special services, 
        such as school dropouts, suspended and expelled 
        students, youth in detention centers, runaway or 
        homeless children and youth, and pregnant and parenting 
        youth;
          [(6) provides an assurance that the State will 
        cooperate with, and assist, the Secretary in conducting 
        data collection as required by section 4122;
          [(7) provides an assurance that the local educational 
        agencies in the State will comply with the provisions 
        of section 9501 pertaining to the participation of 
        private school children and teachers in the programs 
        and activities under this subpart;
          [(8) provides an assurance that funds under this 
        subpart will be used to increase the level of State, 
        local, and other non-Federal funds that would, in the 
        absence of funds under this subpart, be made available 
        for programs and activities authorized under this 
        subpart, and in no case supplant such State, local, and 
        other non-Federal funds;
          [(9) contains the results of a needs assessment 
        conducted by the State for drug and violence prevention 
        programs, which shall be based on ongoing State 
        evaluation activities, including data on--
                  [(A) the incidence and prevalence of illegal 
                drug use and violence among youth in schools 
                and communities, including the age of onset, 
                the perception of health risks, and the 
                perception of social disapproval among such 
                youth;
                  [(B) the prevalence of risk factors, 
                including high or increasing rates of reported 
                cases of child abuse or domestic violence;
                  [(C) the prevalence of protective factors, 
                buffers, or assets; and
                  [(D) other variables in the school and 
                community identified through scientifically 
                based research;
          [(10) provides a statement of the State's performance 
        measures for drug and violence prevention programs and 
        activities to be funded under this subpart that will be 
        focused on student behavior and attitudes, derived from 
        the needs assessment described in paragraph (9), and be 
        developed in consultation between the State and local 
        officials, and that consist of--
                  [(A) performance indicators for drug and 
                violence prevention programs and activities; 
                and
                  [(B) levels of performance for each 
                performance indicator;
          [(11) describes the procedures the State will use for 
        assessing and publicly reporting progress toward 
        meeting the performance measures described in paragraph 
        (10);
          [(12) provides an assurance that the State 
        application will be available for public review after 
        submission of the application;
          [(13) describes the special outreach activities that 
        will be carried out by the State educational agency and 
        the chief executive officer of the State to maximize 
        the participation of community-based organizations of 
        demonstrated effectiveness that provide services such 
        as mentoring programs in low-income communities;
          [(14) describes how funds will be used by the State 
        educational agency and the chief executive officer of 
        the State to support, develop, and implement community-
        wide comprehensive drug and violence prevention 
        planning and organizing activities;
          [(15) describes how input from parents will be sought 
        regarding the use of funds by the State educational 
        agency and the chief executive officer of the State;
          [(16) describes how the State educational agency will 
        review applications from local educational agencies, 
        including how the agency will receive input from 
        parents in such review;
          [(17) describes how the State educational agency will 
        monitor the implementation of activities under this 
        subpart, and provide technical assistance for local 
        educational agencies, community-based organizations, 
        other public entities, and private organizations;
          [(18) describes how the chief executive officer of 
        the State will award funds under section 4112(a) and 
        implement a plan for monitoring the performance of, and 
        providing technical assistance to, recipients of such 
        funds; and
          [(19) includes any other information the Secretary 
        may require.
  [(b) Interim Application.--
          [(1) Authority.--Notwithstanding any other provision 
        of this section, a State may submit for fiscal year 
        2002 a 1-year interim application and plan for the use 
        of funds under this subpart that is consistent with the 
        requirements of this section and contains such 
        information as the Secretary may specify in 
        regulations.
          [(2) Purpose.--The purpose of such interim 
        application and plan shall be to afford the State the 
        opportunity to fully develop and review such State's 
        application and comprehensive plan otherwise required 
        by this section.
          [(3) Exception.--A State may not receive a grant 
        under this subpart for a fiscal year after fiscal year 
        2002 unless the Secretary has approved such State's 
        application and comprehensive plan as described in 
        subsection (a).
  [(c) Approval Process.--
          [(1) Deemed approval.--An application submitted by a 
        State pursuant to this section shall undergo peer 
        review by the Secretary and shall be deemed to be 
        approved by the Secretary unless the Secretary makes a 
        written determination, prior to the expiration of the 
        120-day period beginning on the date on which the 
        Secretary received the application, that the 
        application is not in compliance with this subpart.
          [(2) Disapproval.--The Secretary shall not finally 
        disapprove the application, except after giving the 
        State educational agency and the chief executive 
        officer of the State notice and an opportunity for a 
        hearing.
          [(3) Notification.--If the Secretary finds that the 
        application is not in compliance, in whole or in part, 
        with this subpart, the Secretary shall--
                  [(A) give the State educational agency and 
                the chief executive officer of the State notice 
                and an opportunity for a hearing; and
                  [(B) notify the State educational agency and 
                the chief executive officer of the State of the 
                finding of noncompliance, and in such 
                notification, shall--
                          [(i) cite the specific provisions in 
                        the application that are not in 
                        compliance; and
                          [(ii) request additional information, 
                        only as to the noncompliant provisions, 
                        needed to make the application 
                        compliant.
          [(4) Response.--If the State educational agency and 
        the chief executive officer of the State respond to the 
        Secretary's notification described in paragraph (3)(B) 
        during the 45-day period beginning on the date on which 
        the agency received the notification, and resubmit the 
        application with the requested information described in 
        paragraph (3)(B)(ii), the Secretary shall approve or 
        disapprove such application prior to the later of--
                  [(A) the expiration of the 45-day period 
                beginning on the date on which the application 
                is resubmitted; or
                  [(B) the expiration of the 120-day period 
                described in paragraph (1).
          [(5) Failure to respond.--If the State educational 
        agency and the chief executive officer of the State do 
        not respond to the Secretary's notification described 
        in paragraph (3)(B) during the 45-day period beginning 
        on the date on which the agency received the 
        notification, such application shall be deemed to be 
        disapproved.

[SEC. 4114. LOCAL EDUCATIONAL AGENCY PROGRAM.

  [(a) In General.--
          [(1) Funds to local educational agencies.--A State 
        shall provide the amount made available to the State 
        under this subpart, less the amounts reserved under 
        section 4112 to local educational agencies for drug and 
        violence prevention and education programs and 
        activities as follows:
                  [(A) 60 percent of such amount based on the 
                relative amount such agencies received under 
                part A of title I for the preceding fiscal 
                year.
                  [(B) 40 percent of such amount based on the 
                relative enrollments in public and private 
                nonprofit elementary schools and secondary 
                schools within the boundaries of such agencies.
          [(2) Administrative costs.--Of the amount received 
        under paragraph (1), a local educational agency may use 
        not more than 2 percent for the administrative costs of 
        carrying out its responsibilities under this subpart.
          [(3) Return of funds to state; reallocation.--
                  [(A) Return.--Except as provided in 
                subparagraph (B), upon the expiration of the 1-
                year period beginning on the date on which a 
                local educational agency receives its 
                allocation under this subpart--
                          [(i) such agency shall return to the 
                        State educational agency any funds from 
                        such allocation that remain 
                        unobligated; and
                          [(ii) the State educational agency 
                        shall reallocate any such amount to 
                        local educational agencies that have 
                        submitted plans for using such amount 
                        for programs or activities on a timely 
                        basis.
                  [(B) Carryover.--In any fiscal year, a local 
                educational agency, may retain for obligation 
                in the succeeding fiscal year--
                          [(i) an amount equal to not more than 
                        25 percent of the allocation it 
                        received under this subpart for such 
                        fiscal year; or
                          [(ii) upon a demonstration of good 
                        cause by such agency and approval by 
                        the State educational agency, an amount 
                        that exceeds 25 percent of such 
                        allocation.
                  [(C) Reallocation.--If a local educational 
                agency chooses not to apply to receive the 
                amount allocated to such agency under this 
                subsection, or if such agency's application 
                under subsection (d) is disapproved by the 
                State educational agency, the State educational 
                agency shall reallocate such amount to one or 
                more of its other local educational agencies.
  [(b) Eligibility.--To be eligible to receive a subgrant under 
this subpart, a local educational agency desiring a subgrant 
shall submit an application to the State educational agency in 
accordance with subsection (d). Such an application shall be 
amended, as necessary, to reflect changes in the activities and 
programs of the local educational agency.
  [(c) Development.--
          [(1) Consultation.--
                  [(A) In general.--A local educational agency 
                shall develop its application through timely 
                and meaningful consultation with State and 
                local government representatives, 
                representatives of schools to be served 
                (including private schools), teachers and other 
                staff, parents, students, community-based 
                organizations, and others with relevant and 
                demonstrated expertise in drug and violence 
                prevention activities (such as medical, mental 
                health, and law enforcement professionals).
                  [(B) Continued consultation.--On an ongoing 
                basis, the local educational agency shall 
                consult with such representatives and 
                organizations in order to seek advice regarding 
                how best to coordinate such agency's activities 
                under this subpart with other related 
                strategies, programs, and activities being 
                conducted in the community.
          [(2) Design and development.--To ensure timely and 
        meaningful consultation under paragraph (1), a local 
        educational agency at the initial stages of design and 
        development of a program or activity shall consult, in 
        accordance with this subsection, with appropriate 
        entities and persons on issues regarding the design and 
        development of the program or activity, including 
        efforts to meet the principles of effectiveness 
        described in section 4115(a).
  [(d) Contents of Applications.--An application submitted by a 
local educational agency under this section shall contain--
          [(1) an assurance that the activities or programs to 
        be funded comply with the principles of effectiveness 
        described in section 4115(a) and foster a safe and 
        drug-free learning environment that supports academic 
        achievement;
          [(2) a detailed explanation of the local educational 
        agency's comprehensive plan for drug and violence 
        prevention, including a description of--
                  [(A) how the plan will be coordinated with 
                programs under this Act, and other Federal, 
                State, and local programs for drug and violence 
                prevention, in accordance with section 9306;
                  [(B) the local educational agency's 
                performance measures for drug and violence 
                prevention programs and activities, that shall 
                consist of--
                          [(i) performance indicators for drug 
                        and violence prevention programs and 
                        activities; including--
                                  [(I) specific reductions in 
                                the prevalence of identified 
                                risk factors; and
                                  [(II) specific increases in 
                                the prevalence of protective 
                                factors, buffers, or assets if 
                                any have been identified; and
                          [(ii) levels of performance for each 
                        performance indicator;
                  [(C) how such agency will assess and publicly 
                report progress toward attaining its 
                performance measures;
                  [(D) the drug and violence prevention 
                activity or program to be funded, including how 
                the activity or program will meet the 
                principles of effectiveness described in 
                section 4115(a), and the means of evaluating 
                such activity or program; and
                  [(E) how the services will be targeted to 
                schools and students with the greatest need;
          [(3) a description for how the results of the 
        evaluations of the effectiveness of the program will be 
        used to refine, improve, and strengthen the program;
          [(4) an assurance that funds under this subpart will 
        be used to increase the level of State, local, and 
        other non-Federal funds that would, in the absence of 
        funds under this subpart, be made available for 
        programs and activities authorized under this subpart, 
        and in no case supplant such State, local, and other 
        non-Federal funds;
          [(5) a description of the mechanisms used to provide 
        effective notice to the community of an intention to 
        submit an application under this subpart;
          [(6) an assurance that drug and violence prevention 
        programs supported under this subpart convey a clear 
        and consistent message that acts of violence and the 
        illegal use of drugs are wrong and harmful;
          [(7) an assurance that the applicant has, or the 
        schools to be served have, a plan for keeping schools 
        safe and drug-free that includes--
                  [(A) appropriate and effective school 
                discipline policies that prohibit disorderly 
                conduct, the illegal possession of weapons, and 
                the illegal use, possession, distribution, and 
                sale of tobacco, alcohol, and other drugs by 
                students;
                  [(B) security procedures at school and while 
                students are on the way to and from school;
                  [(C) prevention activities that are designed 
                to create and maintain safe, disciplined, and 
                drug-free environments;
                  [(D) a crisis management plan for responding 
                to violent or traumatic incidents on school 
                grounds; and
                  [(E) a code of conduct policy for all 
                students that clearly states the 
                responsibilities of students, teachers, and 
                administrators in maintaining a classroom 
                environment that--
                          [(i) allows a teacher to communicate 
                        effectively with all students in the 
                        class;
                          [(ii) allows all students in the 
                        class to learn;
                          [(iii) has consequences that are 
                        fair, and developmentally appropriate;
                          [(iv) considers the student and the 
                        circumstances of the situation; and
                          [(v) is enforced accordingly;
          [(8) an assurance that the application and any waiver 
        request under section 4115(a)(3) will be available for 
        public review after submission of the application; and
          [(9) such other assurances, goals, and objectives 
        identified through scientifically based research that 
        the State may reasonably require in accordance with the 
        purpose of this part.
  [(e) Review of Application.--
          [(1) In general.--In reviewing local applications 
        under this section, a State educational agency shall 
        use a peer review process or other methods of assuring 
        the quality of such applications.
          [(2) Considerations.--In determining whether to 
        approve the application of a local educational agency 
        under this section, a State educational agency shall 
        consider the quality of application and the extent to 
        which the application meets the principles of 
        effectiveness described in section 4115(a).
  [(f) Approval Process.--
          [(1) Deemed approval.--An application submitted by a 
        local educational agency pursuant to this section shall 
        be deemed to be approved by the State educational 
        agency unless the State educational agency makes a 
        written determination, prior to the expiration of the 
        120-day period beginning on the date on which the State 
        educational agency received the application, that the 
        application is not in compliance with this subpart.
          [(2) Disapproval.--The State educational agency shall 
        not finally disapprove the application, except after 
        giving the local educational agency notice and 
        opportunity for a hearing.
          [(3) Notification.--If the State educational agency 
        finds that the application is not in compliance, in 
        whole or in part, with this subpart, the State 
        educational agency shall--
                  [(A) give the local educational agency notice 
                and an opportunity for a hearing; and
                  [(B) notify the local educational agency of 
                the finding of noncompliance, and in such 
                notification, shall--
                          [(i) cite the specific provisions in 
                        the application that are not in 
                        compliance; and
                          [(ii) request additional information, 
                        only as to the noncompliant provisions, 
                        needed to make the application 
                        compliant.
          [(4) Response.--If the local educational agency 
        responds to the State educational agency's notification 
        described in paragraph (3)(B) during the 45-day period 
        beginning on the date on which the agency received the 
        notification, and resubmits the application with the 
        requested information described in paragraph 
        (3)(B)(ii), the State educational agency shall approve 
        or disapprove such application prior to the later of--
                  [(A) the expiration of the 45-day period 
                beginning on the date on which the application 
                is resubmitted; or
                  [(B) the expiration of the 120-day period 
                described in paragraph (1).
          [(5) Failure to respond.--If the local educational 
        agency does not respond to the State educational 
        agency's notification described in paragraph (3)(B) 
        during the 45-day period beginning on the date on which 
        the agency received the notification, such application 
        shall be deemed to be disapproved.

[SEC. 4115. AUTHORIZED ACTIVITIES.

  [(a) Principles of Effectiveness.--
          [(1) In general.--For a program or activity developed 
        pursuant to this subpart to meet the principles of 
        effectiveness, such program or activity shall--
                  [(A) be based on an assessment of objective 
                data regarding the incidence of violence and 
                illegal drug use in the elementary schools and 
                secondary schools and communities to be served, 
                including an objective analysis of the current 
                conditions and consequences regarding violence 
                and illegal drug use, including delinquency and 
                serious discipline problems, among students who 
                attend such schools (including private school 
                students who participate in the drug and 
                violence prevention program) that is based on 
                ongoing local assessment or evaluation 
                activities;
                  [(B) be based on an established set of 
                performance measures aimed at ensuring that the 
                elementary schools and secondary schools and 
                communities to be served by the program have a 
                safe, orderly, and drug-free learning 
                environment;
                  [(C) be based on scientifically based 
                research that provides evidence that the 
                program to be used will reduce violence and 
                illegal drug use;
                  [(D) be based on an analysis of the data 
                reasonably available at the time, of the 
                prevalence of risk factors, including high or 
                increasing rates of reported cases of child 
                abuse and domestic violence; protective 
                factors, buffers, assets; or other variables in 
                schools and communities in the State identified 
                through scientifically based research; and
                  [(E) include meaningful and ongoing 
                consultation with and input from parents in the 
                development of the application and 
                administration of the program or activity.
          [(2) Periodic evaluation.--
                  [(A) Requirement.--The program or activity 
                shall undergo a periodic evaluation to assess 
                its progress toward reducing violence and 
                illegal drug use in schools to be served based 
                on performance measures described in section 
                4114(d)(2)(B).
                  [(B) Use of results.--The results shall be 
                used to refine, improve, and strengthen the 
                program, and to refine the performance 
                measures, and shall also be made available to 
                the public upon request, with public notice of 
                such availability provided.
          [(3) Waiver.--A local educational agency may apply to 
        the State for a waiver of the requirement of subsection 
        (a)(1)(C) to allow innovative activities or programs 
        that demonstrate substantial likelihood of success.
  [(b) Local Educational Agency Activities.--
          [(1) Program requirements.--A local educational 
        agency shall use funds made available under section 
        4114 to develop, implement, and evaluate comprehensive 
        programs and activities, which are coordinated with 
        other school and community-based services and programs, 
        that shall--
                  [(A) foster a safe and drug-free learning 
                environment that supports academic achievement;
                  [(B) be consistent with the principles of 
                effectiveness described in subsection (a)(1);
                  [(C) be designed to--
                          [(i) prevent or reduce violence; the 
                        use, possession and distribution of 
                        illegal drugs; and delinquency; and
                          [(ii) create a well disciplined 
                        environment conducive to learning, 
                        which includes consultation between 
                        teachers, principals, and other school 
                        personnel to identify early warning 
                        signs of drug use and violence and to 
                        provide behavioral interventions as 
                        part of classroom management efforts; 
                        and
                  [(D) include activities to--
                          [(i) promote the involvement of 
                        parents in the activity or program;
                          [(ii) promote coordination with 
                        community groups and coalitions, and 
                        government agencies; and
                          [(iii) distribute information about 
                        the local educational agency's needs, 
                        goals, and programs under this subpart.
          [(2) Authorized activities.--Each local educational 
        agency, or consortium of such agencies, that receives a 
        subgrant under this subpart may use such funds to carry 
        out activities that comply with the principles of 
        effectiveness described in subsection (a), such as the 
        following:
                  [(A) Age appropriate and developmentally 
                based activities that--
                          [(i) address the consequences of 
                        violence and the illegal use of drugs, 
                        as appropriate;
                          [(ii) promote a sense of individual 
                        responsibility;
                          [(iii) teach students that most 
                        people do not illegally use drugs;
                          [(iv) teach students to recognize 
                        social and peer pressure to use drugs 
                        illegally and the skills for resisting 
                        illegal drug use;
                          [(v) teach students about the dangers 
                        of emerging drugs;
                          [(vi) engage students in the learning 
                        process; and
                          [(vii) incorporate activities in 
                        secondary schools that reinforce 
                        prevention activities implemented in 
                        elementary schools.
                  [(B) Activities that involve families, 
                community sectors (which may include 
                appropriately trained seniors), and a variety 
                of drug and violence prevention providers in 
                setting clear expectations against violence and 
                illegal use of drugs and appropriate 
                consequences for violence and illegal use of 
                drugs.
                  [(C) Dissemination of drug and violence 
                prevention information to schools and the 
                community.
                  [(D) Professional development and training 
                for, and involvement of, school personnel, 
                pupil services personnel, parents, and 
                interested community members in prevention, 
                education, early identification and 
                intervention, mentoring, or rehabilitation 
                referral, as related to drug and violence 
                prevention.
                  [(E) Drug and violence prevention activities 
                that may include the following:
                          [(i) Community-wide planning and 
                        organizing activities to reduce 
                        violence and illegal drug use, which 
                        may include gang activity prevention.
                          [(ii) Acquiring and installing metal 
                        detectors, electronic locks, 
                        surveillance cameras, or other related 
                        equipment and technologies.
                          [(iii) Reporting criminal offenses 
                        committed on school property.
                          [(iv) Developing and implementing 
                        comprehensive school security plans or 
                        obtaining technical assistance 
                        concerning such plans, which may 
                        include obtaining a security assessment 
                        or assistance from the School Security 
                        and Technology Resource Center at the 
                        Sandia National Laboratory located in 
                        Albuquerque, New Mexico.
                          [(v) Supporting safe zones of passage 
                        activities that ensure that students 
                        travel safely to and from school, which 
                        may include bicycle and pedestrian 
                        safety programs.
                          [(vi) The hiring and mandatory 
                        training, based on scientific research, 
                        of school security personnel (including 
                        school resource officers) who interact 
                        with students in support of youth drug 
                        and violence prevention activities 
                        under this part that are implemented in 
                        the school.
                          [(vii) Expanded and improved school-
                        based mental health services related to 
                        illegal drug use and violence, 
                        including early identification of 
                        violence and illegal drug use, 
                        assessment, and direct or group 
                        counseling services provided to 
                        students, parents, families, and school 
                        personnel by qualified school-based 
                        mental health service providers.
                          [(viii) Conflict resolution programs, 
                        including peer mediation programs that 
                        educate and train peer mediators and a 
                        designated faculty supervisor, and 
                        youth anti-crime and anti-drug councils 
                        and activities.
                          [(ix) Alternative education programs 
                        or services for violent or drug abusing 
                        students that reduce the need for 
                        suspension or expulsion or that serve 
                        students who have been suspended or 
                        expelled from the regular educational 
                        settings, including programs or 
                        services to assist students to make 
                        continued progress toward meeting the 
                        State academic achievement standards 
                        and to reenter the regular education 
                        setting.
                          [(x) Counseling, mentoring, referral 
                        services, and other student assistance 
                        practices and programs, including 
                        assistance provided by qualified 
                        school-based mental health services 
                        providers and the training of teachers 
                        by school-based mental health services 
                        providers in appropriate identification 
                        and intervention techniques for 
                        students at risk of violent behavior 
                        and illegal use of drugs.
                          [(xi) Programs that encourage 
                        students to seek advice from, and to 
                        confide in, a trusted adult regarding 
                        concerns about violence and illegal 
                        drug use.
                          [(xii) Drug and violence prevention 
                        activities designed to reduce truancy.
                          [(xiii) Age-appropriate, 
                        developmentally-based violence 
                        prevention and education programs that 
                        address victimization associated with 
                        prejudice and intolerance, and that 
                        include activities designed to help 
                        students develop a sense of individual 
                        responsibility and respect for the 
                        rights of others, and to resolve 
                        conflicts without violence.
                          [(xiv) Consistent with the fourth 
                        amendment to the Constitution of the 
                        United States, the testing of a student 
                        for illegal drug use or the inspecting 
                        of a student's locker for weapons or 
                        illegal drugs or drug paraphernalia, 
                        including at the request of or with the 
                        consent of a parent or legal guardian 
                        of the student, if the local 
                        educational agency elects to so test or 
                        inspect.
                          [(xv) Emergency intervention services 
                        following traumatic crisis events, such 
                        as a shooting, major accident, or a 
                        drug-related incident that have 
                        disrupted the learning environment.
                          [(xvi) Establishing or implementing a 
                        system for transferring suspension and 
                        expulsion records, consistent with 
                        section 444 of the General Education 
                        Provisions Act (20 U.S.C. 1232g), by a 
                        local educational agency to any public 
                        or private elementary school or 
                        secondary school.
                          [(xvii) Developing and implementing 
                        character education programs, as a 
                        component of drug and violence 
                        prevention programs, that take into 
                        account the views of parents of the 
                        students for whom the program is 
                        intended and such students, such as a 
                        program described in subpart 3 of part 
                        D of title V.
                          [(xviii) Establishing and maintaining 
                        a school safety hotline.
                          [(xix) Community service, including 
                        community service performed by expelled 
                        students, and service-learning 
                        projects.
                          [(xx) Conducting a nationwide 
                        background check of each local 
                        educational agency employee, regardless 
                        of when hired, and prospective 
                        employees for the purpose of 
                        determining whether the employee or 
                        prospective employee has been convicted 
                        of a crime that bears upon the 
                        employee's fitness--
                                  [(I) to be responsible for 
                                the safety or well-being of 
                                children;
                                  [(II) to serve in the 
                                particular capacity in which 
                                the employee or prospective 
                                employee is or will be 
                                employed; or
                                  [(III) to otherwise be 
                                employed by the local 
                                educational agency.
                          [(xxi) Programs to train school 
                        personnel to identify warning signs of 
                        youth suicide and to create an action 
                        plan to help youth at risk of suicide.
                          [(xxii) Programs that respond to the 
                        needs of students who are faced with 
                        domestic violence or child abuse.
                  [(F) The evaluation of any of the activities 
                authorized under this subsection and the 
                collection of objective data used to assess 
                program needs, program implementation, or 
                program success in achieving program goals and 
                objectives.
  [(c) Limitation.--
          [(1) In general.--Except as provided in paragraph 
        (2), not more than 40 percent of the funds available to 
        a local educational agency under this subpart may be 
        used to carry out the activities described in clauses 
        (ii) through (vi) of subsection (b)(2)(E), of which not 
        more than 50 percent of such amount may be used to 
        carry out the activities described in clauses (ii) 
        through (v) of such subsection.
          [(2) Exception.--A local educational agency may use 
        funds under this subpart for activities described in 
        clauses (ii) through (v) of subsection (b)(2)(E) only 
        if funding for these activities is not received from 
        other Federal agencies.
  [(d) Rule of Construction.--Nothing in this section shall be 
construed to prohibit the use of funds under this subpart by 
any local educational agency or school for the establishment or 
implementation of a school uniform policy if such policy is 
part of the overall comprehensive drug and violence prevention 
plan of the State involved and is supported by the State's 
needs assessment and other scientifically based research 
information.

[SEC. 4116. REPORTING.

  [(a) State Report.--
          [(1) In general.--By December 1, 2003, and every 2 
        years thereafter, the chief executive officer of the 
        State, in cooperation with the State educational 
        agency, shall submit to the Secretary a report--
                  [(A) on the implementation and outcomes of 
                State programs under section 4112(a)(1) and 
                section 4112(c) and local educational agency 
                programs under section 4115(b), as well as an 
                assessment of their effectiveness;
                  [(B) on the State's progress toward attaining 
                its performance measures for drug and violence 
                prevention under section 4113(a)(10); and
                  [(C) on the State's efforts to inform parents 
                of, and include parents in, violence and drug 
                prevention efforts.
          [(2) Special rule.--The report required by this 
        subsection shall be--
                  [(A) in the form specified by the Secretary;
                  [(B) based on the State's ongoing evaluation 
                activities, and shall include data on the 
                incidence and prevalence, age of onset, 
                perception of health risk, and perception of 
                social disapproval of drug use and violence by 
                youth in schools and communities; and
                  [(C) made readily available to the public.
  [(b) Local Educational Agency Report.--
          [(1) In general.--Each local educational agency 
        receiving funds under this subpart shall submit to the 
        State educational agency such information that the 
        State requires to complete the State report required by 
        subsection (a), including a description of how parents 
        were informed of, and participated in, violence and 
        drug prevention efforts.
          [(2) Availability.--Information under paragraph (1) 
        shall be made readily available to the public.
          [(3) Provision of documentation.--Not later than 
        January 1 of each year that a State is required to 
        report under subsection (a), the Secretary shall 
        provide to the State educational agency all of the 
        necessary documentation required for compliance with 
        this section.

[SEC. 4117. PROGRAMS FOR NATIVE HAWAIIANS.

  [(a) General Authority.--From the funds made available 
pursuant to section 4111(a)(1)(C) to carry out this section, 
the Secretary shall make grants to or enter into cooperative 
agreements or contracts with organizations primarily serving 
and representing Native Hawaiians for the benefit of Native 
Hawaiians to plan, conduct, and administer programs, or 
portions thereof, that are authorized by and consistent with 
the provisions of this subpart.
  [(b) Definition of Native Hawaiian.--For the purposes of this 
section, the term ``Native Hawaiian'' means any individual any 
of whose ancestors were natives, prior to 1778, of the area 
which now comprises the State of Hawaii.

                     [Subpart 2--National Programs

[SEC. 4121. FEDERAL ACTIVITIES.

  [(a) Program Authorized.--From funds made available to carry 
out this subpart under section 4003(2), the Secretary, in 
consultation with the Secretary of Health and Human Services, 
the Director of the Office of National Drug Control Policy, and 
the Attorney General, shall carry out programs to prevent the 
illegal use of drugs and violence among, and promote safety and 
discipline for, students. The Secretary shall carry out such 
programs directly, or through grants, contracts, or cooperative 
agreements with public and private entities and individuals, or 
through agreements with other Federal agencies, and shall 
coordinate such programs with other appropriate Federal 
activities. Such programs may include--
          [(1) the development and demonstration of innovative 
        strategies for the training of school personnel, 
        parents, and members of the community for drug and 
        violence prevention activities based on State and local 
        needs;
          [(2) the development, demonstration, scientifically 
        based evaluation, and dissemination of innovative and 
        high quality drug and violence prevention programs and 
        activities, based on State and local needs, which may 
        include--
                  [(A) alternative education models, either 
                established within a school or separate and 
                apart from an existing school, that are 
                designed to promote drug and violence 
                prevention, reduce disruptive behavior, reduce 
                the need for repeat suspensions and expulsions, 
                enable students to meet challenging State 
                academic standards, and enable students to 
                return to the regular classroom as soon as 
                possible;
                  [(B) community service and service-learning 
                projects, designed to rebuild safe and healthy 
                neighborhoods and increase students' sense of 
                individual responsibility;
                  [(C) video-based projects developed by 
                noncommercial telecommunications entities that 
                provide young people with models for conflict 
                resolution and responsible decisionmaking; and
                  [(D) child abuse education and prevention 
                programs for elementary and secondary students;
          [(3) the provision of information on drug abuse 
        education and prevention to the Secretary of Health and 
        Human Services for dissemination;
          [(4) the provision of information on violence 
        prevention and education and school safety to the 
        Department of Justice for dissemination;
          [(5) technical assistance to chief executive 
        officers, State agencies, local educational agencies, 
        and other recipients of funding under this part to 
        build capacity to develop and implement high-quality, 
        effective drug and violence prevention programs 
        consistent with the principles of effectiveness in 
        section 4115(a);
          [(6) assistance to school systems that have 
        particularly severe drug and violence problems, 
        including hiring drug prevention and school safety 
        coordinators, or assistance to support appropriate 
        response efforts to crisis situations;
          [(7) the development of education and training 
        programs, curricula, instructional materials, and 
        professional training and development for preventing 
        and reducing the incidence of crimes and conflicts 
        motivated by hate in localities most directly affected 
        by hate crimes;
          [(8) activities in communities designated as 
        empowerment zones or enterprise communities that will 
        connect schools to community-wide efforts to reduce 
        drug and violence problems; and
          [(9) other activities in accordance with the purpose 
        of this part, based on State and local needs.
  [(b) Peer Review.--The Secretary shall use a peer review 
process in reviewing applications for funds under this section.

[SEC. 4122. IMPACT EVALUATION.

  [(a) Biennial Evaluation.--The Secretary, in consultation 
with the Safe and Drug-Free Schools and Communities Advisory 
Committee described in section 4124, shall conduct an 
independent biennial evaluation of the impact of programs 
assisted under this subpart and of other recent and new 
initiatives to combat violence and illegal drug use in schools. 
The evaluation shall report on whether community and local 
educational agency programs funded under this subpart--
          [(1) comply with the principles of effectiveness 
        described in section 4115(a);
          [(2) have appreciably reduced the level of illegal 
        drug, alcohol, and tobacco use, and school violence and 
        the illegal presence of weapons at schools; and
          [(3) have conducted effective parent involvement and 
        training programs.
  [(b) Data Collection.--The National Center for Education 
Statistics shall collect data, that is subject to independent 
review, to determine the incidence and prevalence of illegal 
drug use and violence in elementary schools and secondary 
schools in the States. The collected data shall include 
incident reports by schools officials, anonymous student 
surveys, and anonymous teacher surveys.
  [(c) Biennial Report.--Not later than January 1, 2003, and 
every 2 years thereafter, the Secretary shall submit to the 
President and Congress a report on the findings of the 
evaluation conducted under subsection (a) together with the 
data collected under subsection (b) and data available from 
other sources on the incidence and prevalence, age of onset, 
perception of health risk, and perception of social disapproval 
of drug use and violence in elementary schools and secondary 
schools in the States. The Secretary shall include data 
submitted by the States pursuant to subsection 4116(a).

[SEC. 4123. HATE CRIME PREVENTION.

  [(a) Grant Authorization.--From funds made available to carry 
out this subpart under section 4003(2) the Secretary may make 
grants to local educational agencies and community-based 
organizations for the purpose of providing assistance to 
localities most directly affected by hate crimes.
  [(b) Use of Funds.--
          [(1) Program development.--Grants under this section 
        may be used to improve elementary and secondary 
        educational efforts, including--
                  [(A) development of education and training 
                programs designed to prevent and to reduce the 
                incidence of crimes and conflicts motivated by 
                hate;
                  [(B) development of curricula for the purpose 
                of improving conflict or dispute resolution 
                skills of students, teachers, and 
                administrators;
                  [(C) development and acquisition of equipment 
                and instructional materials to meet the needs 
                of, or otherwise be part of, hate crime or 
                conflict programs; and
                  [(D) professional training and development 
                for teachers and administrators on the causes, 
                effects, and resolutions of hate crimes or 
                hate-based conflicts.
          [(2) Application.--In order to be eligible to receive 
        a grant under this section for any fiscal year, a local 
        educational agency, or a local educational agency in 
        conjunction with a community-based organization, shall 
        submit an application to the Secretary in such form and 
        containing such information as the Secretary may 
        reasonably require.
          [(3) Requirements.--Each application under paragraph 
        (2) shall include--
                  [(A) a request for funds for the purpose 
                described in this section;
                  [(B) a description of the schools and 
                communities to be served by the grants; and
                  [(C) assurances that Federal funds received 
                under this section shall be used to supplement, 
                and not supplant, non-Federal funds.
          [(4) Comprehensive plan.--Each application shall 
        include a comprehensive plan that contains--
                  [(A) a description of the hate crime or 
                conflict problems within the schools or the 
                community targeted for assistance;
                  [(B) a description of the program to be 
                developed or augmented by such Federal and 
                matching funds;
                  [(C) assurances that such program or activity 
                shall be administered by or under the 
                supervision of the applicant;
                  [(D) procedures for the proper and efficient 
                administration of such program; and
                  [(E) fiscal control and fund accounting 
                procedures as may be necessary to ensure 
                prudent use, proper disbursement, and accurate 
                accounting of funds received under this 
                section.
  [(c) Award of Grants.--
          [(1) Selection of recipients.--The Secretary shall 
        consider the incidence of crimes and conflicts 
        motivated by bias in the targeted schools and 
        communities in awarding grants under this section.
          [(2) Geographic distribution.--The Secretary shall 
        attempt, to the extent practicable, to achieve an 
        equitable geographic distribution of grant awards.
          [(3) Dissemination of information.--The Secretary 
        shall attempt, to the extent practicable, to make 
        available information regarding successful hate crime 
        prevention programs, including programs established or 
        expanded with grants under this section.
  [(d) Reports.--The Secretary shall submit to Congress a 
report every 2 years that shall contain a detailed statement 
regarding grants and awards, activities of grant recipients, 
and an evaluation of programs established under this section.

[SEC. 4124. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ADVISORY 
                    COMMITTEE.

  [(a) Establishment.--
          [(1) In general.--There is hereby established an 
        advisory committee to be known as the ``Safe and Drug 
        Free Schools and Communities Advisory Committee'' 
        (referred to in this section as the ``Advisory 
        Committee'') to--
                  [(A) consult with the Secretary under 
                subsection (b);
                  [(B) coordinate Federal school- and 
                community-based substance abuse and violence 
                prevention programs and reduce duplicative 
                research or services;
                  [(C) develop core data sets and evaluation 
                protocols for safe and drug-free school- and 
                community-based programs;
                  [(D) provide technical assistance and 
                training for safe and drug-free school- and 
                community-based programs;
                  [(E) provide for the diffusion of 
                scientifically based research to safe and drug-
                free school- and community-based programs; and
                  [(F) review other regulations and standards 
                developed under this title.
          [(2) Composition.--The Advisory Committee shall be 
        composed of representatives from--
                  [(A) the Department of Education;
                  [(B) the Centers for Disease Control and 
                Prevention;
                  [(C) the National Institute on Drug Abuse;
                  [(D) the National Institute on Alcoholism and 
                Alcohol Abuse;
                  [(E) the Center for Substance Abuse 
                Prevention;
                  [(F) the Center for Mental Health Services;
                  [(G) the Office of Juvenile Justice and 
                Delinquency Prevention;
                  [(H) the Office of National Drug Control 
                Policy;
                  [(I) State and local governments, including 
                education agencies; and
                  [(J) researchers and expert practitioners.
          [(3) Consultation.--In carrying out its duties under 
        this section, the Advisory Committee shall annually 
        consult with interested State and local coordinators of 
        school- and community-based substance abuse and 
        violence prevention programs and other interested 
        groups.
  [(b) Programs.--
          [(1) In general.--From amounts made available under 
        section 4003(2) to carry out this subpart, the 
        Secretary, in consultation with the Advisory Committee, 
        shall carry out scientifically based research programs 
        to strengthen the accountability and effectiveness of 
        the State, chief executive officer's, and national 
        programs under this part.
          [(2) Grants, contracts or cooperative agreements.--
        The Secretary shall carry out paragraph (1) directly or 
        through grants, contracts, or cooperative agreements 
        with public and private entities and individuals or 
        through agreements with other Federal agencies.
          [(3) Coordination.--The Secretary shall coordinate 
        programs under this section with other appropriate 
        Federal activities.
          [(4) Activities.--Activities that may be carried out 
        under programs funded under this section may include--
                  [(A) the provision of technical assistance 
                and training, in collaboration with other 
                Federal agencies utilizing their expertise and 
                national and regional training systems, for 
                Governors, State educational agencies and local 
                educational agencies to support high quality, 
                effective programs that--
                          [(i) provide a thorough assessment of 
                        the substance abuse and violence 
                        problem;
                          [(ii) utilize objective data and the 
                        knowledge of a wide range of community 
                        members;
                          [(iii) develop measurable goals and 
                        objectives; and
                          [(iv) implement scientifically based 
                        research activities that have been 
                        shown to be effective and that meet 
                        identified needs;
                  [(B) the provision of technical assistance 
                and training to foster program accountability;
                  [(C) the diffusion and dissemination of best 
                practices and programs;
                  [(D) the development of core data sets and 
                evaluation tools;
                  [(E) program evaluations;
                  [(F) the provision of information on drug 
                abuse education and prevention to the Secretary 
                of Health and Human Services for dissemination 
                by the clearinghouse for alcohol and drug abuse 
                information established under section 
                501(d)(16) of the Public Health Service Act; 
                and
                  [(G) other activities that meet unmet needs 
                related to the purpose of this part and that 
                are undertaken in consultation with the 
                Advisory Committee.

[SEC. 4125. NATIONAL COORDINATOR PROGRAM.

  [(a) In General.--From funds made available to carry out this 
subpart under section 4003(2), the Secretary may provide for 
the establishment of a National Coordinator Program under which 
the Secretary shall award grants to local educational agencies 
for the hiring of drug prevention and school safety program 
coordinators.
  [(b) Use of Funds.--Amounts received under a grant under 
subsection (a) shall be used by local educational agencies to 
recruit, hire, and train individuals to serve as drug 
prevention and school safety program coordinators in schools 
with significant drug and school safety problems. Such 
coordinators shall be responsible for developing, conducting, 
and analyzing assessments of drug and crime problems at their 
schools, and administering the safe and drug-free grant program 
at such schools.

[SEC. 4126. COMMUNITY SERVICE GRANT PROGRAM.

  [(a) In General.--From funds made available to carry out this 
subpart under section 4003(2), the Secretary may make grants to 
States to carry out programs under which students expelled or 
suspended from school are required to perform community 
service.
  [(b) Allocation.--From the amount described in subsection 
(a), the Secretary shall allocate among the States--
          [(1) one-half according to the ratio between the 
        school-aged population of each State and the school-
        aged population of all the States; and
          [(2) one-half according to the ratio between the 
        amount each State received under section 1124A for the 
        preceding year and the sum of such amounts received by 
        all the States.
  [(c) Minimum.--For any fiscal year, no State shall be 
allotted under this section an amount that is less than one-
half of 1 percent of the total amount allotted to all the 
States under this section.
  [(d) Reallotment.--The Secretary may reallot any amount of 
any allotment to a State if the Secretary determines that the 
State will be unable to use such amount within 2 years of such 
allotment. Such reallotments shall be made on the same basis as 
allotments are made under subsection (b).
  [(e) Definition.--In this section, the term ``State'' means 
each of the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico.

[SEC. 4127. SCHOOL SECURITY TECHNOLOGY AND RESOURCE CENTER.

  [(a) Center.--From funds made available to carry out this 
subpart under section 4003(2), the Secretary, the Attorney 
General, and the Secretary of Energy may enter into an 
agreement for the establishment at the Sandia National 
Laboratories, in partnership with the National Law Enforcement 
and Corrections Technology Center--Southeast and the National 
Center for Rural Law Enforcement in Little Rock, Arkansas, of a 
center to be known as the ``School Security Technology and 
Resource Center'' (hereafter in this section ``the Center'').
  [(b) Administration.--The Center established under subsection 
(a) shall be administered by the Attorney General.
  [(c) Functions.--The center established under subsection (a) 
shall be a resource to local educational agencies for school 
security assessments, security technology development, 
evaluation and implementation, and technical assistance 
relating to improving school security. The Center will also 
conduct and publish school violence research, coalesce data 
from victim communities, and monitor and report on schools that 
implement school security strategies.

[SEC. 4128. NATIONAL CENTER FOR SCHOOL AND YOUTH SAFETY.

  [(a) Establishment.--From funds made available to carry out 
this subpart under section 4003(2), the Secretary of Education 
and the Attorney General may jointly establish a National 
Center for School and Youth Safety (in this section referred to 
as the ``Center''). The Secretary of Education and the Attorney 
General may establish the Center at an existing facility, if 
the facility has a history of performing two or more of the 
duties described in subsection (b). The Secretary of Education 
and the Attorney General shall jointly appoint a Director of 
the Center to oversee the operation of the Center.
  [(b) Duties.--The Center shall carry out emergency response, 
anonymous student hotline, consultation, and information and 
outreach activities with respect to elementary and secondary 
school safety, including the following:
          [(1) Emergency response.--The staff of the Center, 
        and such temporary contract employees as the Director 
        of the Center shall determine necessary, shall offer 
        emergency assistance to local communities to respond to 
        school safety crises. Such assistance shall include 
        counseling for victims and the community, assistance to 
        law enforcement to address short-term security 
        concerns, and advice on how to enhance school safety, 
        prevent future incidents, and respond to future 
        incidents.
          [(2) Anonymous student hotline.--The Center shall 
        establish a toll-free telephone number for students to 
        report criminal activity, threats of criminal activity, 
        and other high-risk behaviors such as substance abuse, 
        gang or cult affiliation, depression, or other warning 
        signs of potentially violent behavior. The Center shall 
        relay the reports, without attribution, to local law 
        enforcement or appropriate school hotlines. The 
        Director of the Center shall work with the Attorney 
        General to establish guidelines for Center staff to 
        work with law enforcement around the Nation to relay 
        information reported through the hotline.
          [(3) Consultation.--The Center shall establish a 
        toll-free number for the public to contact staff of the 
        Center for consultation regarding school safety. The 
        Director of the Center shall hire administrative staff 
        and individuals with expertise in enhancing school 
        safety, including individuals with backgrounds in 
        counseling and psychology, education, law enforcement 
        and criminal justice, and community development to 
        assist in the consultation.
          [(4) Information and outreach.--The Center shall 
        compile information about the best practices in school 
        violence prevention, intervention, and crisis 
        management, and shall serve as a clearinghouse for 
        model school safety program information. The staff of 
        the Center shall work to ensure local governments, 
        school officials, parents, students, and law 
        enforcement officials and agencies are aware of the 
        resources, grants, and expertise available to enhance 
        school safety and prevent school crime. The staff of 
        the Center shall give special attention to providing 
        outreach to rural and impoverished communities.

[SEC. 4129. GRANTS TO REDUCE ALCOHOL ABUSE.

  [(a) In General.--The Secretary, in consultation with the 
Administrator of the Substance Abuse and Mental Health Services 
Administration, may award grants from funds made available to 
carry out this subpart under section 4003(2), on a competitive 
basis, to local educational agencies to enable such agencies to 
develop and implement innovative and effective programs to 
reduce alcohol abuse in secondary schools.
  [(b) Eligibility.--To be eligible to receive a grant under 
subsection (a), a local educational agency shall prepare and 
submit to the Secretary an application at such time, in such 
manner, and containing such information as the Secretary may 
require, including--
          [(1) a description of the activities to be carried 
        out under the grant;
          [(2) an assurance that such activities will include 
        one or more of the proven strategies for reducing 
        underage alcohol abuse as determined by the Substance 
        Abuse and Mental Health Services Administration;
          [(3) an explanation of how activities to be carried 
        out under the grant that are not described in paragraph 
        (2) will be effective in reducing underage alcohol 
        abuse, including references to the past effectiveness 
        of such activities;
          [(4) an assurance that the applicant will submit to 
        the Secretary an annual report concerning the 
        effectiveness of the programs and activities funded 
        under the grant; and
          [(5) such other information as the Secretary 
        determines appropriate.
  [(c) Streamlining of Process for Low-Income and Rural LEAs.--
The Secretary, in consultation with the Administrator of the 
Substance Abuse and Mental Health Services Administration, 
shall develop procedures to make the application process for 
grants under this section more user-friendly, particularly for 
low-income and rural local educational agencies.
  [(d) Reservations.--
          [(1) SAMHSA.--The Secretary may reserve 20 percent of 
        any amount used to carry out this section to enable the 
        Administrator of the Substance Abuse and Mental Health 
        Services Administration to provide alcohol abuse 
        resources and start-up assistance to local educational 
        agencies receiving grants under this section.
          [(2) Low-income and rural areas.--The Secretary may 
        reserve 25 percent of any amount used to carry out this 
        section to award grants to low-income and rural local 
        educational agencies.

[SEC. 4130. MENTORING PROGRAMS.

  [(a) Purpose; Definitions.--
          [(1) Purpose.--The purpose of this section is to make 
        assistance available to promote mentoring programs for 
        children with greatest need--
                  [(A) to assist such children in receiving 
                support and guidance from a mentor;
                  [(B) to improve the academic achievement of 
                such children;
                  [(C) to improve interpersonal relationships 
                between such children and their peers, 
                teachers, other adults, and family members;
                  [(D) to reduce the dropout rate of such 
                children; and
                  [(E) to reduce juvenile delinquency and 
                involvement in gangs by such children.
          [(2) Definitions.--In this part:
                  [(A) Child with greatest need.--The term 
                ``child with greatest need'' means a child who 
                is at risk of educational failure, dropping out 
                of school, or involvement in criminal or 
                delinquent activities, or who lacks strong 
                positive role models.
                  [(B) Eligible entity.--The term ``eligible 
                entity'' means--
                          [(i) a local educational agency;
                          [(ii) a nonprofit, community-based 
                        organization; or
                          [(iii) a partnership between a local 
                        educational agency and a nonprofit, 
                        community-based organization.
                  [(C) Mentor.--The term ``mentor'' means a 
                responsible adult, a postsecondary school 
                student, or a secondary school student who 
                works with a child--
                          [(i) to provide a positive role model 
                        for the child;
                          [(ii) to establish a supportive 
                        relationship with the child; and
                          [(iii) to provide the child with 
                        academic assistance and exposure to new 
                        experiences and examples of opportunity 
                        that enhance the ability of the child 
                        to become a responsible adult.
                  [(D) State.--The term ``State'' means each of 
                the several States, the District of Columbia, 
                the Commonwealth of Puerto Rico, the United 
                States Virgin Islands, Guam, American Samoa, 
                and the Commonwealth of the Northern Mariana 
                Islands.
  [(b) Grant Program.--
          [(1) In general.--The Secretary may award grants from 
        funds made available to carry out this subpart under 
        section 4003(2) to eligible entities to assist such 
        entities in establishing and supporting mentoring 
        programs and activities for children with greatest need 
        that--
                  [(A) are designed to link such children 
                (particularly children living in rural areas, 
                high-crime areas, or troubled home 
                environments, or children experiencing 
                educational failure) with mentors who--
                          [(i) have received training and 
                        support in mentoring;
                          [(ii) have been screened using 
                        appropriate reference checks, child and 
                        domestic abuse record checks, and 
                        criminal background checks; and
                          [(iii) are interested in working with 
                        children with greatest need; and
                  [(B) are intended to achieve one or more of 
                the following goals with respect to children 
                with greatest need:
                          [(i) Provide general guidance.
                          [(ii) Promote personal and social 
                        responsibility.
                          [(iii) Increase participation in, and 
                        enhance the ability to benefit from, 
                        elementary and secondary education.
                          [(iv) Discourage illegal use of drugs 
                        and alcohol, violence, use of dangerous 
                        weapons, promiscuous behavior, and 
                        other criminal, harmful, or potentially 
                        harmful activity.
                          [(v) Encourage participation in 
                        community service and community 
                        activities.
                          [(vi) Encourage setting goals and 
                        planning for the future, including 
                        encouragement of graduation from 
                        secondary school and planning for 
                        postsecondary education or training.
                          [(viii) Discourage involvement in 
                        gangs.
          [(2) Use of funds.--
                  [(A) In general.--Each eligible entity 
                awarded a grant under this subsection shall use 
                the grant funds for activities that establish 
                or implement a mentoring program, that may 
                include--
                          [(i) hiring of mentoring coordinators 
                        and support staff;
                          [(ii) providing for the professional 
                        development of mentoring coordinators 
                        and support staff;
                          [(iii) recruitment, screening, and 
                        training of mentors;
                          [(iv) reimbursement to schools, if 
                        appropriate, for the use of school 
                        materials or supplies in carrying out 
                        the mentoring program;
                          [(v) dissemination of outreach 
                        materials;
                          [(vi) evaluation of the mentoring 
                        program using scientifically based 
                        methods; and
                          [(vii) such other activities as the 
                        Secretary may reasonably prescribe by 
                        rule.
                  [(B) Prohibited uses.--Notwithstanding 
                subparagraph (A), an eligible entity awarded a 
                grant under this section may not use the grant 
                funds--
                          [(i) to directly compensate mentors;
                          [(ii) to obtain educational or other 
                        materials or equipment that would 
                        otherwise be used in the ordinary 
                        course of the eligible entity's 
                        operations;
                          [(iii) to support litigation of any 
                        kind; or
                          [(iv) for any other purpose 
                        reasonably prohibited by the Secretary 
                        by rule.
          [(3) Availability of funds.--Funds made available 
        through a grant under this section shall be available 
        for obligation for a period not to exceed 3 years.
          [(4) Application.--Each eligible entity seeking a 
        grant under this section shall submit to the Secretary 
        an application that includes--
                  [(A) a description of the plan for the 
                mentoring program the eligible entity proposes 
                to carry out with such grant;
                  [(B) information on the children expected to 
                be served by the mentoring program for which 
                such grant is sought;
                  [(C) a description of the mechanism the 
                eligible entity will use to match children with 
                mentors based on the needs of the children;
                  [(D) an assurance that no mentor will be 
                assigned to mentor so many children that the 
                assignment will undermine the mentor's ability 
                to be an effective mentor or the mentor's 
                ability to establish a close relationship (a 
                one-to-one relationship, where practicable) 
                with each mentored child;
                  [(E) an assurance that the mentoring program 
                will provide children with a variety of 
                experiences and support, including--
                          [(i) emotional support;
                          [(ii) academic assistance; and
                          [(iii) exposure to experiences that 
                        the children might not otherwise 
                        encounter on their own;
                  [(F) an assurance that the mentoring program 
                will be monitored to ensure that each child 
                assigned a mentor benefits from that assignment 
                and that the child will be assigned a new 
                mentor if the relationship between the original 
                mentor and the child is not beneficial to the 
                child;
                  [(G) information regarding how mentors and 
                children will be recruited to the mentoring 
                program;
                  [(H) information regarding how prospective 
                mentors will be screened;
                  [(I) information on the training that will be 
                provided to mentors; and
                  [(J) information on the system that the 
                eligible entity will use to manage and monitor 
                information relating to the mentoring 
                program's--
                          [(i) reference checks;
                          [(ii) child and domestic abuse record 
                        checks;
                          [(iii) criminal background checks; 
                        and
                          [(iv) procedure for matching children 
                        with mentors.
          [(5) Selection.--
                  [(A) Competitive basis.--In accordance with 
                this subsection, the Secretary shall award 
                grants to eligible entities on a competitive 
                basis.
                  [(B) Priority.--In awarding grants under 
                subparagraph (A), the Secretary shall give 
                priority to each eligible entity that--
                          [(i) serves children with greatest 
                        need living in rural areas, high-crime 
                        areas, or troubled home environments, 
                        or who attend schools with violence 
                        problems;
                          [(ii) provides high quality 
                        background screening of mentors, 
                        training of mentors, and technical 
                        assistance in carrying out mentoring 
                        programs; or
                          [(iii) proposes a school-based 
                        mentoring program.
                  [(C) Other considerations.--In awarding 
                grants under subparagraph (A), the Secretary 
                shall also consider--
                          [(i) the degree to which the location 
                        of the mentoring program proposed by 
                        each eligible entity contributes to a 
                        fair distribution of mentoring programs 
                        with respect to urban and rural 
                        locations;
                          [(ii) the quality of the mentoring 
                        program proposed by each eligible 
                        entity, including--
                                  [(I) the resources, if any, 
                                the eligible entity will 
                                dedicate to providing children 
                                with opportunities for job 
                                training or postsecondary 
                                education;
                                  [(II) the degree to which 
                                parents, teachers, community-
                                based organizations, and the 
                                local community have 
                                participated, or will 
                                participate, in the design and 
                                implementation of the proposed 
                                mentoring program;
                                  [(III) the degree to which 
                                the eligible entity can ensure 
                                that mentors will develop 
                                longstanding relationships with 
                                the children they mentor;
                                  [(IV) the degree to which the 
                                mentoring program will serve 
                                children with greatest need in 
                                the 4th through 8th grades; and
                                  [(V) the degree to which the 
                                mentoring program will continue 
                                to serve children from the 9th 
                                grade through graduation from 
                                secondary school, as needed; 
                                and
                          [(iii) the capability of each 
                        eligible entity to effectively 
                        implement its mentoring program.
                  [(D) Grant to each state.--Notwithstanding 
                any other provision of this subsection, in 
                awarding grants under subparagraph (A), the 
                Secretary shall select not less than one grant 
                recipient from each State for which there is an 
                eligible entity that submits an application of 
                sufficient quality pursuant to paragraph (4).
          [(6) Model screening guidelines.--
                  [(A) In general.--Based on model screening 
                guidelines developed by the Office of Juvenile 
                Programs of the Department of Justice, the 
                Secretary shall develop and distribute to each 
                eligible entity awarded a grant under this 
                section specific model guidelines for the 
                screening of mentors who seek to participate in 
                mentoring programs assisted under this section.
                  [(B) Background checks.--The guidelines 
                developed under this subsection shall include, 
                at a minimum, a requirement that potential 
                mentors be subject to reference checks, child 
                and domestic abuse record checks, and criminal 
                background checks.

                       [Subpart 3--Gun Possession

[SEC. 4141. GUN-FREE REQUIREMENTS.

  [(a) Short Title.--This subpart may be cited as the ``Gun-
Free Schools Act''.
  [(b) Requirements.--
          [(1) In general.--Each State receiving Federal funds 
        under any title of this Act shall have in effect a 
        State law requiring local educational agencies to expel 
        from school for a period of not less than 1 year a 
        student who is determined to have brought a firearm to 
        a school, or to have possessed a firearm at a school, 
        under the jurisdiction of local educational agencies in 
        that State, except that such State law shall allow the 
        chief administering officer of a local educational 
        agency to modify such expulsion requirement for a 
        student on a case-by-case basis if such modification is 
        in writing.
          [(2) Construction.--Nothing in this subpart shall be 
        construed to prevent a State from allowing a local 
        educational agency that has expelled a student from 
        such a student's regular school setting from providing 
        educational services to such student in an alternative 
        setting.
          [(3) Definition.--For the purpose of this section, 
        the term ``firearm'' has the same meaning given such 
        term in section 921(a) of title 18, United States Code.
  [(c) Special Rule.--The provisions of this section shall be 
construed in a manner consistent with the Individuals with 
Disabilities Education Act.
  [(d) Report to State.--Each local educational agency 
requesting assistance from the State educational agency that is 
to be provided from funds made available to the State under any 
title of this Act shall provide to the State, in the 
application requesting such assistance--
          [(1) an assurance that such local educational agency 
        is in compliance with the State law required by 
        subsection (b); and
          [(2) a description of the circumstances surrounding 
        any expulsions imposed under the State law required by 
        subsection (b), including--
                  [(A) the name of the school concerned;
                  [(B) the number of students expelled from 
                such school; and
                  [(C) the type of firearms concerned.
  [(e) Reporting.--Each State shall report the information 
described in subsection (d) to the Secretary on an annual 
basis.
  [(f) Definition.--For the purpose of subsection (d), the term 
``school'' means any setting that is under the control and 
supervision of the local educational agency for the purpose of 
student activities approved and authorized by the local 
educational agency.
  [(g) Exception.--Nothing in this section shall apply to a 
firearm that is lawfully stored inside a locked vehicle on 
school property, or if it is for activities approved and 
authorized by the local educational agency and the local 
educational agency adopts appropriate safeguards to ensure 
student safety.
  [(h) Policy Regarding Criminal Justice System Referral.--
          [(1) In general.--No funds shall be made available 
        under any title of this Act to any local educational 
        agency unless such agency has a policy requiring 
        referral to the criminal justice or juvenile 
        delinquency system of any student who brings a firearm 
        or weapon to a school served by such agency.
          [(2) Definition.--For the purpose of this subsection, 
        the term ``school'' has the same meaning given to such 
        term by section 921(a) of title 18, United States Code.

                     [Subpart 4--General Provisions

[SEC. 4151. DEFINITIONS.

  [In this part:
          [(1) Controlled substance.--The term ``controlled 
        substance'' means a drug or other substance identified 
        under Schedule I, II, III, IV, or V in section 202(c) 
        of the Controlled Substances Act (21 U.S.C. 812(c)).
          [(2) Drug.--The term ``drug'' includes controlled 
        substances; the illegal use of alcohol and tobacco; and 
        the harmful, abusive, or addictive use of substances, 
        including inhalants and anabolic steroids.
          [(3) Drug and violence prevention.--The term ``drug 
        and violence prevention'' means--
                  [(A) with respect to drugs, prevention, early 
                intervention, rehabilitation referral, or 
                education related to the illegal use of drugs;
                  [(B) with respect to violence, the promotion 
                of school safety, such that students and school 
                personnel are free from violent and disruptive 
                acts, including sexual harassment and abuse, 
                and victimization associated with prejudice and 
                intolerance, on school premises, going to and 
                from school, and at school-sponsored 
                activities, through the creation and 
                maintenance of a school environment that is 
                free of weapons and fosters individual 
                responsibility and respect for the rights of 
                others.
          [(4) Hate crime.--The term ``hate crime'' means a 
        crime as described in section 1(b) of the Hate Crime 
        Statistics Act of 1990.
          [(5) Nonprofit.--The term ``nonprofit'', as applied 
        to a school, agency, organization, or institution means 
        a school, agency, organization, or institution owned 
        and operated by one or more nonprofit corporations or 
        associations, no part of the net earnings of which 
        inures, or may lawfully inure, to the benefit of any 
        private shareholder or individual.
          [(6) Protective factor, buffer, or asset.--The terms 
        ``protective factor'', ``buffer'', and ``asset'' mean 
        any one of a number of the community, school, family, 
        or peer-individual domains that are known, through 
        prospective, longitudinal research efforts, or which 
        are grounded in a well-established theoretical model of 
        prevention, and have been shown to prevent alcohol, 
        tobacco, or illegal drug use, as well as violent 
        behavior, by youth in the community, and which promote 
        positive youth development.
          [(7) Risk factor.--The term ``risk factor'' means any 
        one of a number of characteristics of the community, 
        school, family, or peer-individual domains that are 
        known, through prospective, longitudinal research 
        efforts, to be predictive of alcohol, tobacco, and 
        illegal drug use, as well as violent behavior, by youth 
        in the school and community.
          [(8) School-aged population.--The term ``school-aged 
        population'' means the population aged five through 17, 
        as determined by the Secretary on the basis of the most 
        recent satisfactory data available from the Department 
        of Commerce.
          [(9) School based mental health services provider.--
        The term ``school based mental health services 
        provider'' includes a State licensed or State certified 
        school counselor, school psychologist, school social 
        worker, or other State licensed or certified mental 
        health professional qualified under State law to 
        provide such services to children and adolescents.
          [(10) School personnel.--The term ``school 
        personnel'' includes teachers, principals, 
        administrators, counselors, social workers, 
        psychologists, nurses, librarians, and other support 
        staff who are employed by a school or who perform 
        services for the school on a contractual basis.
          [(11) School resource officer.--The term ``school 
        resource officer'' means a career law enforcement 
        officer, with sworn authority, deployed in community 
        oriented policing, and assigned by the employing police 
        department to a local educational agency to work in 
        collaboration with schools and community based 
        organizations to--
                  [(A) educate students in crime and illegal 
                drug use prevention and safety;
                  [(B) develop or expand community justice 
                initiatives for students; and
                  [(C) train students in conflict resolution, 
                restorative justice, and crime and illegal drug 
                use awareness.

[SEC. 4152. MESSAGE AND MATERIALS.

  [(a) ``Wrong and Harmful'' Message.--Drug and violence 
prevention programs supported under this part shall convey a 
clear and consistent message that the illegal use of drugs and 
acts of violence are wrong and harmful.
  [(b) Curriculum.--The Secretary shall not prescribe the use 
of specific curricula for programs supported under this part.

[SEC. 4153. PARENTAL CONSENT.

  [Upon receipt of written notification from the parents or 
legal guardians of a student, the local educational agency 
shall withdraw such student from any program or activity funded 
under this part. The local educational agency shall make 
reasonable efforts to inform parents or legal guardians of the 
content of such programs or activities funded under this part, 
other than classroom instruction.

[SEC. 4154. PROHIBITED USES OF FUNDS.

  [No funds under this part may be used for--
          [(1) construction (except for minor remodeling needed 
        to accomplish the purposes of this part); or
          [(2) medical services, drug treatment or 
        rehabilitation, except for pupil services or referral 
        to treatment for students who are victims of, or 
        witnesses to, crime or who illegally use drugs.

[SEC. 4155. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.

  [(a) Nonapplication of Provisions.--This section shall not 
apply to any disciplinary records with respect to a suspension 
or expulsion that are transferred from a private, parochial or 
other nonpublic school, person, institution, or other entity, 
that provides education below the college level.
  [(b) Disciplinary Records.--In accordance with the Family 
Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), 
not later than 2 years after the date of enactment of this 
part, each State receiving Federal funds under this Act shall 
provide an assurance to the Secretary that the State has a 
procedure in place to facilitate the transfer of disciplinary 
records, with respect to a suspension or expulsion, by local 
educational agencies to any private or public elementary school 
or secondary school for any student who is enrolled or seeks, 
intends, or is instructed to enroll, on a full- or part-time 
basis, in the school.

            [PART B--21ST CENTURY COMMUNITY LEARNING CENTERS

[SEC. 4201. PURPOSE; DEFINITIONS.

  [(a) Purpose.--The purpose of this part is to provide 
opportunities for communities to establish or expand activities 
in community learning centers that--
          [(1) provide opportunities for academic enrichment, 
        including providing tutorial services to help students, 
        particularly students who attend low-performing 
        schools, to meet State and local student academic 
        achievement standards in core academic subjects, such 
        as reading and mathematics;
          [(2) offer students a broad array of additional 
        services, programs, and activities, such as youth 
        development activities, drug and violence prevention 
        programs, counseling programs, art, music, and 
        recreation programs, technology education programs, and 
        character education programs, that are designed to 
        reinforce and complement the regular academic program 
        of participating students; and
          [(3) offer families of students served by community 
        learning centers opportunities for literacy and related 
        educational development.
  [(b) Definitions.--In this part:
          [(1) Community learning center.--The term ``community 
        learning center'' means an entity that--
                  [(A) assists students in meeting State and 
                local academic achievement standards in core 
                academic subjects, such as reading and 
                mathematics, by providing the students with 
                opportunities for academic enrichment 
                activities and a broad array of other 
                activities (such as drug and violence 
                prevention, counseling, art, music, recreation, 
                technology, and character education programs) 
                during nonschool hours or periods when school 
                is not in session (such as before and after 
                school or during summer recess) that reinforce 
                and complement the regular academic programs of 
                the schools attended by the students served; 
                and
                  [(B) offers families of students served by 
                such center opportunities for literacy and 
                related educational development.
          [(2) Covered program.--The term ``covered program'' 
        means a program for which--
                  [(A) the Secretary made a grant under part I 
                of title X (as such part was in effect on the 
                day before the date of enactment of the No 
                Child Left Behind Act of 2001); and
                  [(B) the grant period had not ended on that 
                date of enactment.
          [(3) Eligible entity.--The term ``eligible entity'' 
        means a local educational agency, community-based 
        organization, another public or private entity, or a 
        consortium of two or more of such agencies, 
        organizations, or entities.
          [(4) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.

[SEC. 4202. ALLOTMENTS TO STATES.

  [(a) Reservation.--From the funds appropriated under section 
4206 for any fiscal year, the Secretary shall reserve--
          [(1) such amount as may be necessary to make 
        continuation awards to grant recipients under covered 
        programs (under the terms of those grants);
          [(2) not more than 1 percent for national activities, 
        which the Secretary may carry out directly or through 
        grants and contracts, such as providing technical 
        assistance to eligible entities carrying out programs 
        under this part or conducting a national evaluation; 
        and
          [(3) not more than 1 percent for payments to the 
        outlying areas and the Bureau of Indian Affairs, to be 
        allotted in accordance with their respective needs for 
        assistance under this part, as determined by the 
        Secretary, to enable the outlying areas and the Bureau 
        to carry out the purpose of this part.
  [(b) State Allotments.--
          [(1) Determination.--From the funds appropriated 
        under section 4206 for any fiscal year and remaining 
        after the Secretary makes reservations under subsection 
        (a), the Secretary shall allot to each State for the 
        fiscal year an amount that bears the same relationship 
        to the remainder as the amount the State received under 
        subpart 2 of part A of title I for the preceding fiscal 
        year bears to the amount all States received under that 
        subpart for the preceding fiscal year, except that no 
        State shall receive less than an amount equal to one-
        half of 1 percent of the total amount made available to 
        all States under this subsection.
          [(2) Reallotment of unused funds.--If a State does 
        not receive an allotment under this part for a fiscal 
        year, the Secretary shall reallot the amount of the 
        State's allotment to the remaining States in accordance 
        with this section.
  [(c) State Use of Funds.--
          [(1) In general.--Each State that receives an 
        allotment under this part shall reserve not less than 
        95 percent of the amount allotted to such State under 
        subsection (b), for each fiscal year for awards to 
        eligible entities under section 4204.
          [(2) State administration.--A State educational 
        agency may use not more than 2 percent of the amount 
        made available to the State under subsection (b) for--
                  [(A) the administrative costs of carrying out 
                its responsibilities under this part;
                  [(B) establishing and implementing a peer 
                review process for grant applications described 
                in section 4204(b) (including consultation with 
                the Governor and other State agencies 
                responsible for administering youth development 
                programs and adult learning activities); 
                andsupervising the awarding of funds to 
                eligible entities (in consultation with the 
                Governor and other State agencies responsible 
                for administering youth development programs 
                and adult learning activities).
          [(3) State activities.--A State educational agency 
        may use not more than 3 percent of the amount made 
        available to the State under subsection (b) for the 
        following activities:
                  [(A) Monitoring and evaluation of programs 
                and activities assisted under this part.
                  [(B) Providing capacity building, training, 
                and technical assistance under this part.
                  [(C) Comprehensive evaluation (directly, or 
                through a grant or contract) of the 
                effectiveness of programs and activities 
                assisted under this part.
                  [(D) Providing training and technical 
                assistance to eligible entities who are 
                applicants for or recipients of awards under 
                this part.

[SEC. 4203. STATE APPLICATION.

  [(a) In General.--In order to receive an allotment under 
section 4202 for any fiscal year, a State shall submit to the 
Secretary, at such time as the Secretary may require, an 
application that--
          [(1) designates the State educational agency as the 
        agency responsible for the administration and 
        supervision of programs assisted under this part;
          [(2) describes how the State educational agency will 
        use funds received under this part, including funds 
        reserved for State-level activities;
          [(3) contains an assurance that the State educational 
        agency will make awards under this part only to 
        eligible entities that propose to serve--
                  [(A) students who primarily attend--
                          [(i) schools eligible for schoolwide 
                        programs under section 1114; or
                          [(ii) schools that serve a high 
                        percentage of students from low-income 
                        families; and
                  [(B) the families of students described in 
                subparagraph (A);
          [(4) describes the procedures and criteria the State 
        educational agency will use for reviewing applications 
        and awarding funds to eligible entities on a 
        competitive basis, which shall include procedures and 
        criteria that take into consideration the likelihood 
        that a proposed community learning center will help 
        participating students meet local content and student 
        academic achievement standards;
          [(5) describes how the State educational agency will 
        ensure that awards made under this part are--
                  [(A) of sufficient size and scope to support 
                high-quality, effective programs that are 
                consistent with the purpose of this part; and
                  [(B) in amounts that are consistent with 
                section 4204(h);
          [(6) describes the steps the State educational agency 
        will take to ensure that programs implement effective 
        strategies, including providing ongoing technical 
        assistance and training, evaluation, and dissemination 
        of promising practices;
          [(7) describes how programs under this part will be 
        coordinated with programs under this Act, and other 
        programs as appropriate;
          [(8) contains an assurance that the State educational 
        agency--
                  [(A) will make awards for programs for a 
                period of not less than 3 years and not more 
                than 5 years; and
                  [(B) will require each eligible entity 
                seeking such an award to submit a plan 
                describing how the community learning center to 
                be funded through the award will continue after 
                funding under this part ends;
          [(9) contains an assurance that funds appropriated to 
        carry out this part will be used to supplement, and not 
        supplant, other Federal, State, and local public funds 
        expended to provide programs and activities authorized 
        under this part and other similar programs;
          [(10) contains an assurance that the State 
        educational agency will require eligible entities to 
        describe in their applications under section 4204(b) 
        how the transportation needs of participating students 
        will be addressed;
          [(11) provides an assurance that the application was 
        developed in consultation and coordination with 
        appropriate State officials, including the chief State 
        school officer, and other State agencies administering 
        before and after school (or summer school) programs, 
        the heads of the State health and mental health 
        agencies or their designees, and representatives of 
        teachers, parents, students, the business community, 
        and community-based organizations;
          [(12) describes the results of the State's needs and 
        resources assessment for before and after school 
        activities, which shall be based on the results of on-
        going State evaluation activities;
          [(13) describes how the State educational agency will 
        evaluate the effectiveness of programs and activities 
        carried out under this part, which shall include, at a 
        minimum--
                  [(A) a description of the performance 
                indicators and performance measures that will 
                be used to evaluate programs and activities; 
                and
                  [(B) public dissemination of the evaluations 
                of programs and activities carried out under 
                this part; and
          [(14) provides for timely public notice of intent to 
        file an application and an assurance that the 
        application will be available for public review after 
        submission.
  [(b) Deemed Approval.--An application submitted by a State 
educational agency pursuant to subsection (a) shall be deemed 
to be approved by the Secretary unless the Secretary makes a 
written determination, prior to the expiration of the 120-day 
period beginning on the date on which the Secretary received 
the application, that the application is not in compliance with 
this part.
  [(c) Disapproval.--The Secretary shall not finally disapprove 
the application, except after giving the State educational 
agency notice and opportunity for a hearing.
  [(d) Notification.--If the Secretary finds that the 
application is not in compliance, in whole or in part, with 
this part, the Secretary shall--
          [(1) give the State educational agency notice and an 
        opportunity for a hearing; and
          [(2) notify the State educational agency of the 
        finding of noncompliance, and, in such notification, 
        shall--
                  [(A) cite the specific provisions in the 
                application that are not in compliance; and
                  [(B) request additional information, only as 
                to the noncompliant provisions, needed to make 
                the application compliant.
  [(e) Response.--If the State educational agency responds to 
the Secretary's notification described in subsection (d)(2) 
during the 45-day period beginning on the date on which the 
agency received the notification, and resubmits the application 
with the requested information described in subsection 
(d)(2)(B), the Secretary shall approve or disapprove such 
application prior to the later of--
          [(1) the expiration of the 45-day period beginning on 
        the date on which the application is resubmitted; or
          [(2) the expiration of the 120-day period described 
        in subsection (b).
  [(f) Failure To Respond.--If the State educational agency 
does not respond to the Secretary's notification described in 
subsection (d)(2) during the 45-day period beginning on the 
date on which the agency received the notification, such 
application shall be deemed to be disapproved.

[SEC. 4204. LOCAL COMPETITIVE GRANT PROGRAM.

  [(a) In General.--A State that receives funds under this part 
for a fiscal year shall provide the amount made available under 
section 4202(c)(1) to eligible entities for community learning 
centers in accordance with this part.
  [(b) Application.--
          [(1) In general.--To be eligible to receive an award 
        under this part, an eligible entity shall submit an 
        application to the State educational agency at such 
        time, in such manner, and including such information as 
        the State educational agency may reasonably require.
          [(2) Contents.--Each application submitted under 
        paragraph (1) shall include--
                  [(A) a description of the before and after 
                school or summer recess activities to be 
                funded, including--
                          [(i) an assurance that the program 
                        will take place in a safe and easily 
                        accessible facility;
                          [(ii) a description of how students 
                        participating in the program carried 
                        out by the community learning center 
                        will travel safely to and from the 
                        center and home; and
                          [(iii) a description of how the 
                        eligible entity will disseminate 
                        information about the community 
                        learning center (including its 
                        location) to the community in a manner 
                        that is understandable and accessible;
                  [(B) a description of how the activity is 
                expected to improve student academic 
                achievement;
                  [(C) an identification of Federal, State, and 
                local programs that will be combined or 
                coordinated with the proposed program to make 
                the most effective use of public resources;
                  [(D) an assurance that the proposed program 
                was developed, and will be carried out, in 
                active collaboration with the schools the 
                students attend;
                  [(E) a description of how the activities will 
                meet the principles of effectiveness described 
                in section 4205(b);
                  [(F) an assurance that the program will 
                primarily target students who attend schools 
                eligible for schoolwide programs under section 
                1114 and the families of such students;
                  [(G) an assurance that funds under this part 
                will be used to increase the level of State, 
                local, and other non-Federal funds that would, 
                in the absence of funds under this part, be 
                made available for programs and activities 
                authorized under this part, and in no case 
                supplant Federal, State, local, or non-Federal 
                funds;
                  [(H) a description of the partnership between 
                a local educational agency, a community-based 
                organization, and another public entity or 
                private entity, if appropriate;
                  [(I) an evaluation of the community needs and 
                available resources for the community learning 
                center and a description of how the program 
                proposed to be carried out in the center will 
                address those needs (including the needs of 
                working families);
                  [(J) a demonstration that the eligible entity 
                has experience, or promise of success, in 
                providing educational and related activities 
                that will complement and enhance the academic 
                performance, achievement, and positive youth 
                development of the students;
                  [(K) a description of a preliminary plan for 
                how the community learning center will continue 
                after funding under this part ends;
                  [(L) an assurance that the community will be 
                given notice of an intent to submit an 
                application and that the application and any 
                waiver request will be available for public 
                review after submission of the application;
                  [(M) if the eligible entity plans to use 
                senior volunteers in activities carried out 
                through the community learning center, a 
                description of how the eligible entity will 
                encourage and use appropriately qualified 
                seniors to serve as the volunteers; and
                  [(N) such other information and assurances as 
                the State educational agency may reasonably 
                require.
  [(c) Approval of Certain Applications.--The State educational 
agency may approve an application under this part for a program 
to be located in a facility other than an elementary school or 
secondary school only if the program will be at least as 
available and accessible to the students to be served as if the 
program were located in an elementary school or secondary 
school.
  [(d) Permissive Local Match.--
          [(1) In general.--A State educational agency may 
        require an eligible entity to match funds awarded under 
        this part, except that such match may not exceed the 
        amount of the grant award and may not be derived from 
        other Federal or State funds.
          [(2) Sliding scale.--The amount of a match under 
        paragraph (1) shall be established based on a sliding 
        fee scale that takes into account--
                  [(A) the relative poverty of the population 
                to be targeted by the eligible entity; and
                  [(B) the ability of the eligible entity to 
                obtain such matching funds.
          [(3) In-kind contributions.--Each State educational 
        agency that requires an eligible entity to match funds 
        under this subsection shall permit the eligible entity 
        to provide all or any portion of such match in the form 
        of in-kind contributions.
          [(4) Consideration.--Notwithstanding this subsection, 
        a State educational agency shall not consider an 
        eligible entity's ability to match funds when 
        determining which eligible entities will receive awards 
        under this part.
  [(e) Peer Review.--In reviewing local applications under this 
section, a State educational agency shall use a peer review 
process or other methods of assuring the quality of such 
applications.
  [(f) Geographic Diversity.--To the extent practicable, a 
State educational agency shall distribute funds under this part 
equitably among geographic areas within the State, including 
urban and rural communities.
  [(g) Duration of Awards.--Grants under this part may be 
awarded for a period of not less than 3 years and not more than 
5 years.
  [(h) Amount of Awards.--A grant awarded under this part may 
not be made in an amount that is less than $50,000.
  [(i) Priority.--
          [(1) In general.--In awarding grants under this part, 
        a State educational agency shall give priority to 
        applications--
                  [(A) proposing to target services to students 
                who attend schools that have been identified as 
                in need of improvement under section 1116; and
                  [(B) submitted jointly by eligible entities 
                consisting of not less than 1--
                          [(i) local educational agency 
                        receiving funds under part A of title 
                        I; and
                          [(ii) community-based organization or 
                        other public or private entity.
          [(2) Special rule.--The State educational agency 
        shall provide the same priority under paragraph (1) to 
        an application submitted by a local educational agency 
        if the local educational agency demonstrates that it is 
        unable to partner with a community-based organization 
        in reasonable geographic proximity and of sufficient 
        quality to meet the requirements of this part.

[SEC. 4205. LOCAL ACTIVITIES.

  [(a) Authorized Activities.--Each eligible entity that 
receives an award under this part may use the award funds to 
carry out a broad array of before and after school activities 
(including during summer recess periods) that advance student 
academic achievement, including--
          [(1) remedial education activities and academic 
        enrichment learning programs, including providing 
        additional assistance to students to allow the students 
        to improve their academic achievement;
          [(2) mathematics and science education activities;
          [(3) arts and music education activities;
          [(4) entrepreneurial education programs;
          [(5) tutoring services (including those provided by 
        senior citizen volunteers) and mentoring programs;
          [(6) programs that provide after school activities 
        for limited English proficient students that emphasize 
        language skills and academic achievement;
          [(7) recreational activities;
          [(8) telecommunications and technology education 
        programs;
          [(9) expanded library service hours;
          [(10) programs that promote parental involvement and 
        family literacy;
          [(11) programs that provide assistance to students 
        who have been truant, suspended, or expelled to allow 
        the students to improve their academic achievement; and
          [(12) drug and violence prevention programs, 
        counseling programs, and character education programs.
  [(b) Principles of Effectiveness.--
          [(1) In general.--For a program or activity developed 
        pursuant to this part to meet the principles of 
        effectiveness, such program or activity shall--
                  [(A) be based upon an assessment of objective 
                data regarding the need for before and after 
                school programs (including during summer recess 
                periods) and activities in the schools and 
                communities;
                  [(B) be based upon an established set of 
                performance measures aimed at ensuring the 
                availability of high quality academic 
                enrichment opportunities; and
                  [(C) if appropriate, be based upon 
                scientifically based research that provides 
                evidence that the program or activity will help 
                students meet the State and local student 
                academic achievement standards.
          [(2) Periodic evaluation.--
                  [(A) In general.--The program or activity 
                shall undergo a periodic evaluation to assess 
                its progress toward achieving its goal of 
                providing high quality opportunities for 
                academic enrichment.
                  [(B) Use of results.--The results of 
                evaluations under subparagraph (A) shall be--
                          [(i) used to refine, improve, and 
                        strengthen the program or activity, and 
                        to refine the performance measures; and
                          [(ii) made available to the public 
                        upon request, with public notice of 
                        such availability provided.

[SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated--
          [(1) $1,250,000,000 for fiscal year 2002;
          [(2) $1,500,000,000 for fiscal year 2003;
          [(3) $1,750,000,000 for fiscal year 2004;
          [(4) $2,000,000,000 for fiscal year 2005;
          [(5) $2,250,000,000 for fiscal year 2006; and
          [(6) $2,500,000,000 for fiscal year 2007.

                  [PART C--ENVIRONMENTAL TOBACCO SMOKE

[SEC. 4301. SHORT TITLE.

  [This part may be cited as the ``Pro-Children Act of 2001''.

[SEC. 4302. DEFINITIONS.

  [As used in this part:
          [(1) Children.--The term ``children'' means 
        individuals who have not attained the age of 18.
          [(2) Children's services.--The term ``children's 
        services'' means the provision on a routine or regular 
        basis of health, day care, education, or library 
        services--
                  [(A) that are funded, after the date of 
                enactment of the No Child Left Behind Act of 
                2001, directly by the Federal Government or 
                through State or local governments, by Federal 
                grant, loan, loan guarantee, or contract 
                programs--
                          [(i) administered by either the 
                        Secretary of Health and Human Services 
                        or the Secretary of Education (other 
                        than services provided and funded 
                        solely under titles XVIII and XIX of 
                        the Social Security Act); or
                          [(ii) administered by the Secretary 
                        of Agriculture in the case of a clinic 
                        (as defined in part 246.2 of title 7, 
                        Code of Federal Regulations (or any 
                        corresponding similar regulation or 
                        ruling)) under section 17(b)(6) of the 
                        Child Nutrition Act of 1966; or
                  [(B) that are provided in indoor facilities 
                that are constructed, operated, or maintained 
                with such Federal funds, as determined by the 
                appropriate head of a Federal agency in any 
                enforcement action carried out under this part,
        except that nothing in clause (ii) of subparagraph (A) 
        is intended to include facilities (other than clinics) 
        where coupons are redeemed under the Child Nutrition 
        Act of 1966.
          [(3) Indoor facility.--The term ``indoor facility'' 
        means a building that is enclosed.
          [(4) Person.--The term ``person'' means any State or 
        local subdivision of a State, agency of such State or 
        subdivision, corporation, or partnership that owns or 
        operates or otherwise controls and provides children's 
        services or any individual who owns or operates or 
        otherwise controls and provides such services.
          [(5) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.

[SEC. 4303. NONSMOKING POLICY FOR CHILDREN'S SERVICES.

  [(a) Prohibition.--After the date of enactment of the No 
Child Left Behind Act of 2001, no person shall permit smoking 
within any indoor facility owned or leased or contracted for, 
and utilized, by such person for provision of routine or 
regular kindergarten, elementary, or secondary education or 
library services to children.
  [(b) Additional Prohibition.--
          [(1) In general.--After the date of enactment of the 
        No Child Left Behind Act of 2001, no person shall 
        permit smoking within any indoor facility (or portion 
        of such a facility) owned or leased or contracted for, 
        and utilized by, such person for the provision of 
        regular or routine health care or day care or early 
        childhood development (Head Start) services.
          [(2) Exception.--Paragraph (1) shall not apply to--
                  [(A) any portion of such facility that is 
                used for inpatient hospital treatment of 
                individuals dependent on, or addicted to, drugs 
                or alcohol; and
                  [(B) any private residence.
  [(c) Federal Agencies.--
          [(1) Kindergarten, elementary, or secondary education 
        or library services.--After the date of enactment of 
        the No Child Left Behind Act of 2001, no Federal agency 
        shall permit smoking within any indoor facility in the 
        United States operated by such agency, directly or by 
        contract, to provide routine or regular kindergarten, 
        elementary, or secondary education or library services 
        to children.
          [(2) Health or day care or early childhood 
        development services.--
                  [(A) In general.--After the date of enactment 
                of the No Child Left Behind Act of 2001, no 
                Federal agency shall permit smoking within any 
                indoor facility (or portion of such facility) 
                operated by such agency, directly or by 
                contract, to provide routine or regular health 
                or day care or early childhood development 
                (Head Start) services to children.
                  [(B) Exception.--Subparagraph (A) shall not 
                apply to--
                          [(i) any portion of such facility 
                        that is used for inpatient hospital 
                        treatment of individuals dependent on, 
                        or addicted to, drugs or alcohol; and
                          [(ii) any private residence.
          [(3) Application of provisions.--The provisions of 
        paragraph (2) shall also apply to the provision of such 
        routine or regular kindergarten, elementary or 
        secondary education or library services in the 
        facilities described in paragraph (2) not subject to 
        paragraph (1).
  [(d) Notice.--The prohibitions in subsections (a) through (c) 
shall be published in a notice in the Federal Register by the 
Secretary (in consultation with the heads of other affected 
agencies) and by such agency heads in funding arrangements 
involving the provision of children's services administered by 
such heads. Such prohibitions shall be effective 90 days after 
such notice is published, or 270 days after the date of 
enactment of the No Child Left Behind Act of 2001, whichever 
occurs first.
  [(e) Civil Penalties.--
          [(1) In general.--Any failure to comply with a 
        prohibition in this section shall be considered to be a 
        violation of this section and any person subject to 
        such prohibition who commits such violation may be 
        liable to the United States for a civil penalty in an 
        amount not to exceed $1,000 for each violation, or may 
        be subject to an administrative compliance order, or 
        both, as determined by the Secretary. Each day a 
        violation continues shall constitute a separate 
        violation. In the case of any civil penalty assessed 
        under this section, the total amount shall not exceed 
        50 percent of the amount of Federal funds received 
        under any title of this Act by such person for the 
        fiscal year in which the continuing violation occurred. 
        For the purpose of the prohibition in subsection (c), 
        the term ``person'', as used in this paragraph, shall 
        mean the head of the applicable Federal agency or the 
        contractor of such agency providing the services to 
        children.
          [(2) Administrative proceeding.--A civil penalty may 
        be assessed in a written notice, or an administrative 
        compliance order may be issued under paragraph (1), by 
        the Secretary only after an opportunity for a hearing 
        in accordance with section 554 of title 5, United 
        States Code. Before making such assessment or issuing 
        such order, or both, the Secretary shall give written 
        notice of the assessment or order to such person by 
        certified mail with return receipt and provide 
        information in the notice of an opportunity to request 
        in writing, not later than 30 days after the date of 
        receipt of such notice, such hearing. The notice shall 
        reasonably describe the violation and be accompanied 
        with the procedures for such hearing and a simple form 
        that may be used to request such hearing if such person 
        desires to use such form. If a hearing is requested, 
        the Secretary shall establish by such certified notice 
        the time and place for such hearing, which shall be 
        located, to the greatest extent possible, at a location 
        convenient to such person. The Secretary (or the 
        Secretary's designee) and such person may consult to 
        arrange a suitable date and location where appropriate.
          [(3) Circumstances affecting penalty or order.--In 
        determining the amount of the civil penalty or the 
        nature of the administrative compliance order, the 
        Secretary shall take into account, as appropriate--
                  [(A) the nature, circumstances, extent, and 
                gravity of the violation;
                  [(B) with respect to the violator, any good 
                faith efforts to comply, the importance of 
                achieving early and permanent compliance, the 
                ability to pay or comply, the effect of the 
                penalty or order on the ability to continue 
                operation, any prior history of the same kind 
                of violation, the degree of culpability, and 
                any demonstration of willingness to comply with 
                the prohibitions of this section in a timely 
                manner; andC) such other matters as justice may 
                require.
          [(4) Modification.--The Secretary may, as 
        appropriate, compromise, modify, or remit, with or 
        without conditions, any civil penalty or administrative 
        compliance order. In the case of a civil penalty, the 
        amount, as finally determined by the Secretary or 
        agreed upon in compromise, may be deducted from any 
        sums that the United States or the agencies or 
        instrumentalities of the United States owe to the 
        person against whom the penalty is assessed.
          [(5) Petition for review.--Any person aggrieved by a 
        penalty assessed or an order issued, or both, by the 
        Secretary under this section may file a petition for 
        judicial review of the order with the United States 
        Court of Appeals for the District of Columbia Circuit 
        or for any other circuit in which the person resides or 
        transacts business. Such person shall provide a copy of 
        the petition to the Secretary or the Secretary's 
        designee. The petition shall be filed within 30 days 
        after the Secretary's assessment or order, or both, are 
        final and have been provided to such person by 
        certified mail. The Secretary shall promptly provide to 
        the court a certified copy of the transcript of any 
        hearing held under this section and a copy of the 
        notice or order.
          [(6) Failure to comply.--If a person fails to pay an 
        assessment of a civil penalty or comply with an order, 
        after the assessment or order, or both, are final under 
        this section, or after a court has entered a final 
        judgment under paragraph (5) in favor of the Secretary, 
        the Attorney General, at the request of the Secretary, 
        shall recover the amount of the civil penalty (plus 
        interest at prevailing rates from the day the 
        assessment or order, or both, are final) or enforce the 
        order in an action brought in the appropriate district 
        court of the United States. In such action, the 
        validity and appropriateness of the penalty or order or 
        the amount of the penalty shall not be subject to 
        review.

[SEC. 4304. PREEMPTION.

  [Nothing in this part is intended to preempt any provision of 
law of a State or political subdivision of a State that is more 
restrictive than a provision of this part.]

                      TITLE [VIII] IV--IMPACT AID

SEC. [8001.] 4001. PURPOSE.

  In order to fulfill the Federal responsibility to assist with 
the provision of educational services to federally connected 
children in a manner that promotes control by local educational 
agencies with little or no Federal or State involvement, 
because certain activities of the Federal Government, such as 
activities to fulfill the responsibilities of the Federal 
Government with respect to Indian tribes and activities under 
section 511 of the Servicemembers Civil Relief Act, place a 
financial burden on the local educational agencies serving 
areas where such activities are carried out, and to help such 
children meet [challenging State standards] State academic 
standards, it is the purpose of this title to provide financial 
assistance to local educational agencies that--
          (1) * * *

           *       *       *       *       *       *       *

SEC. [8002.] 4002. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL 
                    PROPERTY.

  (a) In General.--Where the Secretary, after consultation with 
any local educational agency and with the appropriate State 
educational agency, determines for a fiscal year ending prior 
to October 1, [2003] 2018--
          (1) that the United States owns Federal property in 
        the local educational agency, and that such property--
                  (A) * * *

           *       *       *       *       *       *       *

                  [(C) had an assessed value (determined as of 
                the time or times when so acquired) aggregating 
                10 percent or more of the assessed value of--]
                  (C) had an assessed value according to 
                original records (including facsimiles or other 
                reproductions of those records) or other 
                records that the Secretary determines to be 
                appropriate and reliable, including Federal 
                agency records or local historical records, 
                aggregating 10 percent or more of the assessed 
                value of--
                          (i) * * *

           *       *       *       *       *       *       *

  (b) Amount.--
          (1) In general.--(A)(i)(I) Subject to subclauses (II) 
        and (III), the amount that a local educational agency 
        shall be paid under subsection (a) for a fiscal year 
        shall be calculated in accordance with paragraph (2).
          (II) Except as provided in subclause (III), the 
        Secretary may not reduce the amount of a payment under 
        this section to a local educational agency for a fiscal 
        year by (aa) the amount equal to the amount of revenue, 
        if any, the agency received during the previous fiscal 
        year from activities conducted on Federal property 
        eligible under this section and located in a school 
        district served by the agency, including amounts 
        received from any Federal department or agency (other 
        than the Department of Education) from such activities, 
        by reason of receipt of such revenue, or (bb) any other 
        amount by reason of receipt of such revenue.
          (III) If the amount equal to the sum of (aa) the 
        proposed payment under this section to a local 
        educational agency for a fiscal year and (bb) the 
        amount of revenue described in subclause (II)(aa) 
        received by the agency during the previous fiscal year, 
        exceeds the maximum amount the agency is eligible to 
        receive under this section for the fiscal year 
        involved, then the Secretary shall reduce the amount of 
        the proposed payment under this section by an amount 
        equal to such excess amount.
          (ii) For purposes of clause (i), the amount of 
        revenue that a local educational agency receives during 
        the previous fiscal year from activities conducted on 
        Federal property shall not include payments received by 
        the agency from the Secretary of Defense to support--
                  (I) the operation of a domestic dependent 
                elementary or secondary school; or
                  (II) the provision of a free public education 
                to dependents of members of the Armed Forces 
                residing on or near a military installation.
          (B) If funds appropriated under [section 8014(a)] 
        section 3(c)(1) are insufficient to pay the amount 
        determined under subparagraph (A), the Secretary shall 
        calculate the payment for each eligible local 
        educational agency in accordance with subsection (h).
          (C) Notwithstanding any other provision of this 
        subsection, a local educational agency may not be paid 
        an amount under this section that, when added to the 
        amount such agency receives under [section 8003(b)] 
        section 4003(b), exceeds the maximum amount that such 
        agency is eligible to receive for such fiscal year 
        under [section 8003(b)] section 4003(b)(1)(C), or the 
        maximum amount that such agency is eligible to receive 
        for such fiscal year under this section, whichever is 
        greater.
          [(2) Application of current levied real property tax 
        rate.--In calculating the amount that a local 
        educational agency is eligible to receive for a fiscal 
        year, the Secretary shall apply the current levied real 
        property tax rate for current expenditures levied by 
        fiscally independent local educational agencies, or 
        imputed for fiscally dependent local educational 
        agencies, to the current annually determined aggregate 
        assessed value of such acquired Federal property.
          [(3) Determination of aggregate assessed value.--Such 
        aggregate assessed value of such acquired Federal 
        property shall be determined on the basis of the 
        highest and best use of property adjacent to such 
        acquired Federal property as of the time such value is 
        determined, and provided to the Secretary, by the local 
        official responsible for assessing the value of real 
        property located in the jurisdiction of such local 
        educational agency for the purpose of levying a 
        property tax.]
          (2) Determination of estimated taxable value for 
        eligible federal property.--
                  (A) In General.--Subject to subparagraph (B), 
                in determining the estimated taxable value of 
                eligible Federal property located within the 
                boundaries of a local educational agency for 
                fiscal year 2013 and each succeeding fiscal 
                year, the Secretary shall carry out the 
                following:
                          (i) Determine the total taxable value 
                        of real property located within the 
                        boundaries of such local educational 
                        agency for the purpose of levying a 
                        property tax for current expenditures.
                          (ii) Determine the per acre value of 
                        the eligible Federal property by 
                        dividing--
                                  (I) the total taxable value 
                                determined under clause (i), by
                                  (II) the difference between 
                                the total acres located within 
                                the boundaries of the local 
                                educational agency and the 
                                number of Federal acres in that 
                                agency eligible under this 
                                section.
                          (iii) Multiply--
                                  (I) the per acre value 
                                calculated under clause (ii), 
                                by
                                  (II) the number of Federal 
                                acres in that agency eligible 
                                under this section.
                  (B) Special rule.--In a case in which a local 
                educational agency shares eligible Federal 
                property with 2 or more local educational 
                agencies, the local educational agency may 
                elect to have the Secretary--
                          (i) calculate the per acre value of 
                        the eligible Federal property of each 
                        such local educational agency in 
                        accordance with subparagraph (A); and
                          (ii) carry out the calculation under 
                        subparagraph (A)(iii) by multiplying--
                                  (I) the average of the per 
                                acre values of such eligible 
                                Federal properties, by
                                  (II) the acres of the Federal 
                                property in that agency 
                                eligible under this section.
          (3) Application of current levied real property tax 
        rate.--In calculating the amount that a local 
        educational agency is eligible to receive for a fiscal 
        year, the Secretary shall apply the current levied real 
        property tax rate for current expenditures levied by 
        fiscally independent local educational agencies, or 
        imputed for fiscally dependent local educational 
        agencies, to the current annually determined estimated 
        taxable value of such acquired Federal property as 
        calculated under paragraph (2).

           *       *       *       *       *       *       *

  [(f) Special Rule.--(1) Beginning with fiscal year 1994, and 
notwithstanding any other provision of law limiting the period 
during which fiscal year 1994 funds may be obligated, the 
Secretary shall treat the local educational agency serving the 
Wheatland R-II School District, Wheatland, Missouri, as meeting 
the eligibility requirements of section 2(a)(1)(C) of the Act 
of September 30, 1950 (Public Law 874, 81st Congress) (as such 
section was in effect on the day preceding the date of 
enactment of the Improving America's Schools Act of 1994) (20 
U.S.C. 237(a)(1)(C)) or subsection (a)(1)(C).
          [(2) For each fiscal year beginning with fiscal year 
        1999, the Secretary shall treat the Webster School 
        District, Day County, South Dakota as meeting the 
        eligibility requirements of subsection (a)(1)(C) of 
        this section.
          [(3) For each fiscal year beginning with fiscal year 
        2000, the Secretary shall treat the Central Union, 
        California; Island, California; Hill City, South 
        Dakota; and Wall, South Dakota local educational 
        agencies as meeting the eligibility requirements of 
        subsection (a)(1)(C) of this section.
          [(4) For the purposes of payments under this section 
        for each fiscal year beginning with fiscal year 2000, 
        the Secretary shall treat the Hot Springs, South Dakota 
        local educational agency as if it had filed a timely 
        application under section 8002 of the Elementary and 
        Secondary Education Act of 1965 for fiscal year 1994 if 
        the Secretary has received the fiscal year 1994 
        application, as well as Exhibits A and B not later than 
        December 1, 1999.
          [(5) For purposes of payments under this section for 
        each fiscal year beginning with fiscal year 2000, the 
        Secretary shall treat the Hueneme, California local 
        educational agency as if it had filed a timely 
        application under section 8002 of the Elementary and 
        Secondary Education Act of 1965 if the Secretary has 
        received the fiscal year 1995 application not later 
        than December 1, 1999.
  [(g) Former Districts.--
          [(1) In general.--Where the school district of any 
        local educational agency described in paragraph (2) is 
        formed at any time after 1938 by the consolidation of 
        two or more former school districts, such agency may 
        elect (at any time such agency files an application 
        under section 8005) for any fiscal year after fiscal 
        year 1994 to have (A) the eligibility of such local 
        educational agency, and (B) the amount which such 
        agency shall be eligible to receive, determined under 
        this section only with respect to such of the former 
        school districts comprising such consolidated school 
        districts as such agency shall designate in such 
        election.
          [(2) Eligible local educational agencies.--A local 
        educational agency referred to in paragraph (1) is any 
        local educational agency that, for fiscal year 1994 or 
        any preceding fiscal year, applied for and was 
        determined eligible under section 2(c) of the Act of 
        September 30, 1950 (Public Law 874, 81st Congress) as 
        such section was in effect for such fiscal year.]
  (f) Special Rule.--Beginning with fiscal year 2013, a local 
educational agency shall be deemed to meet the requirements of 
subsection (a)(1)(C) if records to determine eligibility under 
such subsection were destroyed prior to fiscal year 2000 and 
the agency received funds under subsection (b) in the previous 
year.
  (g) Former Districts.--
          (1) Consolidations.--For fiscal year 2006 and each 
        succeeding fiscal year, if a local educational agency 
        described in paragraph (2) is formed at any time after 
        1938 by the consolidation of two or more former school 
        districts, the local educational agency may elect to 
        have the Secretary determine its eligibility and any 
        amount for which the local educational agency is 
        eligible under this section for such fiscal year on the 
        basis of one or more of those former districts, as 
        designated by the local educational agency.
          (2) Eligible local educational agencies.--A local 
        educational agency described in this paragraph is--
                  (A) any local educational agency that, for 
                fiscal year 1994 or any preceding fiscal year, 
                applied for, and was determined to be eligible 
                under section 2(c) of the Act of September 20, 
                1950 (Public Law 874, 81st Congress) as that 
                section was in effect for that fiscal year; or
                  (B) a local educational agency formed by the 
                consolidation of 2 or more school districts, at 
                least one of which was eligible for assistance 
                under this section for the fiscal year 
                preceding the year of the consolidation, if--
                          (i) for fiscal years 2006 through 
                        2012, the local educational agency 
                        notifies the Secretary not later than 
                        30 days after the date of enactment of 
                        the Encouraging Innovation and 
                        Effective Teachers Act of the 
                        designation described in paragraph (1); 
                        and
                          (ii) for fiscal year 2013, and each 
                        subsequent fiscal year, the local 
                        educational agency includes the 
                        designation in its application under 
                        section 8005 or any timely amendment to 
                        such application.
          (3) Availability of funds.--Notwithstanding any other 
        provision of law limiting the period during which the 
        Secretary may obligate funds appropriated for any 
        fiscal year after fiscal year 2005, the Secretary may 
        obligate funds remaining after final payments have been 
        made for any of such fiscal years to carry out this 
        subsection.
  (h) Payments With Respect to Fiscal Years in Which 
Insufficient Funds Are Appropriated.--For any fiscal year for 
which the amount appropriated under [section 8014(a)] section 
3(c)(1) is insufficient to pay to each eligible local 
educational agency the full amount determined under subsection 
(b), the Secretary shall make payments to each local 
educational agency under this section as follows:
          [(1) Foundation payments for pre-1995 recipients.--
                  [(A) In general.--The Secretary shall first 
                make a foundation payment to each local 
                educational agency that is eligible to receive 
                a payment under this section for the fiscal 
                year involved and that filed, or has been 
                determined pursuant to statute to have filed a 
                timely application, and met, or has been 
                determined pursuant to statute to meet, the 
                eligibility requirements of section 2(a)(1)(C) 
                of the Act of September 30, 1950 (Public Law 
                874, 81st Congress) (as such section was in 
                effect on the day preceding the date of the 
                enactment of the Improving America's Schools 
                Act of 1994) for any of the fiscal years 1989 
                through 1994.
                  [(B) Amount.--The amount of a payment under 
                subparagraph (A) for a local educational agency 
                shall be equal to 38 percent of the local 
                educational agency's maximum entitlement amount 
                under section 2 of the Act of September 30, 
                1950, for fiscal year 1994 (or if the local 
                educational agency did not meet, or has not 
                been determined pursuant to statute to meet, 
                the eligibility requirements of section 
                2(a)(1)(C) of the Act of September 30, 1950 for 
                fiscal year 1994, the local educational 
                agency's maximum entitlement amount under such 
                section 2 for the most recent fiscal year 
                preceding 1994).
                  [(C) Insufficient appropriations.--If the 
                amount appropriated under section 8014(a) is 
                insufficient to pay the full amount determined 
                under this paragraph for all eligible local 
                educational agencies for the fiscal year, then 
                the Secretary shall ratably reduce the payment 
                to each local educational agency under this 
                paragraph.
          [(2) Payments for 1995 recipients.--
                  [(A) In general.--From any amounts remaining 
                after making payments under paragraph (1) for 
                the fiscal year involved, the Secretary shall 
                make a payment to each eligible local 
                educational agency that received a payment 
                under this section for fiscal year 1995, or 
                whose application under this section for fiscal 
                year 1995 was determined pursuant to statute to 
                be timely filed for purposes of payments for 
                subsequent fiscal years.
                  [(B) Amount.--The amount of a payment under 
                subparagraph (A) for a local educational agency 
                shall be determined as follows:
                          [(i) Calculate the difference between 
                        the amount appropriated to carry out 
                        this section for fiscal year 1995 and 
                        the total amount of foundation payments 
                        made under paragraph (1) for the fiscal 
                        year.
                          [(ii) Determine the percentage share 
                        for each local educational agency 
                        described in subparagraph (A) by 
                        dividing the assessed value of the 
                        Federal property of the local 
                        educational agency for fiscal year 1995 
                        determined in accordance with 
                        subsection (b)(3), by the total 
                        eligible national assessed value of the 
                        eligible Federal property of all such 
                        local educational agencies for fiscal 
                        year 1995, as so determined.
                          [(iii) Multiply the percentage share 
                        described in clause (ii) for the local 
                        educational agency by the amount 
                        determined under clause (i).
          [(3) Subsection (i) recipients.--From any funds 
        remaining after making payments under paragraphs (1) 
        and (2) for the fiscal year involved, the Secretary 
        shall make payments in accordance with subsection (i).
          [(4) Remaining funds.--From any funds remaining after 
        making payments under paragraphs (1), (2), and (3) for 
        the fiscal year involved--
                  [(A) the Secretary shall make a payment to 
                each local educational agency that received a 
                foundation payment under paragraph (1) for the 
                fiscal year involved in an amount that bears 
                the same relation to 25 percent of the 
                remainder as the amount the local educational 
                agency received under paragraph (1) for the 
                fiscal year involved bears to the amount all 
                local educational agencies received under 
                paragraph (1) for the fiscal year involved; and
                  [(B) the Secretary shall make a payment to 
                each local educational agency that is eligible 
                to receive a payment under this section for the 
                fiscal year involved in an amount that bears 
                the same relation to 75 percent of the 
                remainder as a percentage share determined for 
                the local educational agency (by dividing the 
                maximum amount that the agency is eligible to 
                receive under subsection (b) by the total of 
                the maximum amounts for all such agencies) 
                bears to the percentage share determined (in 
                the same manner) for all local educational 
                agencies eligible to receive a payment under 
                this section for the fiscal year involved, 
                except that, for the purpose of calculating a 
                local educational agency's maximum amount under 
                subsection (b), data from the most current 
                fiscal year shall be used.]
          (1) Foundation payments.--
                  (A) In General.--From the amount appropriated 
                under section 3(c)(1) for the fiscal year 
                involved, the Secretary shall first make a 
                payment to the following local educational 
                agencies:
                          (i) Each local educational agency 
                        that received a payment under this 
                        section for fiscal year 2006 and was 
                        eligible for a payment under this 
                        section for fiscal year 2006.
                          (ii) Each local educational agency 
                        that did not receive a payment under 
                        this section for fiscal year 2006 but 
                        was newly eligible for a payment under 
                        this section after fiscal year 2006.
                  (B) Amount.--The amount of payment under 
                subparagraph (A) for a local educational agency 
                shall be determined as follows:
                          (i) For a local educational agency 
                        described in subparagraph (A)(i) the 
                        amount of payment shall be equal to 90 
                        percent of the amount received by such 
                        local educational agency under 
                        subsection (b) for fiscal year 2006.
                          (ii) For a local educational agency 
                        described in subparagraph (A)(ii) the 
                        amount of payment shall be determined 
                        by--
                                  (I) calculating a payment 
                                estimate for fiscal year 2006 
                                for such local educational 
                                agency under subsection (b) in 
                                the same manner as payments 
                                were determined for local 
                                educational agencies eligible 
                                for and receiving payments for 
                                fiscal year 2006 under such 
                                section; and
                                  (II) multiplying the amount 
                                determined under subclause (I) 
                                by 90 percent.
                  (C) Foundation payment.--The amount of 
                payments calculated under clause (i) or (ii) of 
                subparagraph (B) for a local educational agency 
                shall be considered the local educational 
                agency's foundation payments for each 
                succeeding fiscal year.
                  (D) Insufficient appropriations.--If the 
                amount appropriated under section 3(c)(1) is 
                insufficient to pay the full amount determined 
                under this paragraph for all eligible local 
                educational agencies for the fiscal year, then 
                the Secretary shall ratably reduce the payment 
                to each such local educational agency under 
                this paragraph.
          (2) Remaining funds.--From any amounts remaining 
        after making payments under paragraph (1) for the 
        fiscal year involved, the Secretary shall--
                  (A) sum the amounts determined for all 
                eligible local educational agencies under 
                subsection (b)(2);
                  (B) determine each eligible local educational 
                agency's proportional share of the amount 
                calculated under subparagraph (A); and
                  (C) pay each eligible local educational 
                agency its share of the remaining funds based 
                on the proportion calculated under subparagraph 
                (B).
  [(i) Special Payments.--
          [(1) In general.--For any fiscal year beginning with 
        fiscal year 2000 for which the amount appropriated to 
        carry out this section exceeds the amount so 
        appropriated for fiscal year 1996 and for which 
        subsection (b)(1)(B) applies, the Secretary shall use 
        the remainder described in subsection (h)(3) for the 
        fiscal year involved (not to exceed the amount equal to 
        the difference between (A) the amount appropriated to 
        carry out this section for fiscal year 1997 and (B) the 
        amount appropriated to carry out this section for 
        fiscal year 1996) to increase the payment that would 
        otherwise be made under this section to not more than 
        50 percent of the maximum amount determined under 
        subsection (b) for any local educational agency 
        described in paragraph (2).
          [(2) Local educational agency described.--A local 
        educational agency described in this paragraph is a 
        local educational agency that--
                  [(A) received a payment under this section 
                for fiscal year 1996;
                  [(B) serves a school district that contains 
                all or a portion of a United States military 
                academy;
                  [(C) serves a school district in which the 
                local tax assessor has certified that at least 
                60 percent of the real property is federally 
                owned; and
                  [(D) 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.
  [(k) Special Rule.--For purposes of payments under this 
section for each fiscal year beginning with fiscal year 1998--
          [(1) the Secretary shall, for the Stanley County, 
        South Dakota local educational agency, calculate 
        payments as if subsection (e) had been in effect for 
        fiscal year 1994; and
          [(2) the Secretary shall treat the Delaware Valley, 
        Pennsylvania local educational agency as if it had 
        filed a timely application under section 2 of Public 
        Law 81-874 for fiscal year 1994.]
  [(l)] (i) Prior Year Data.--Notwithstanding any other 
provision of this section, in determining the eligibility of a 
local educational agency for a payment under subsection (b) or 
[(h)(4)(B)] (h)(2) of this section for a fiscal year, and in 
calculating the amount of such payment, the Secretary--
          (1) * * *

           *       *       *       *       *       *       *

  [(m) Eligibility.--
          [(1) Old federal property.--Except as provided in 
        paragraph (2), a local educational agency that is 
        eligible to receive a payment under this section for 
        Federal property acquired by the Federal Government, 
        before the date of the enactment of the Impact Aid 
        Reauthorization Act of 2000, shall be eligible to 
        receive the payment only if the local educational 
        agency submits an application for a payment under this 
        section not later than 7 years after the date of the 
        enactment of such Act.
          [(2) Combined federal property.--A local educational 
        agency that is eligible to receive a payment under this 
        section for Federal property acquired by the Federal 
        Government before the date of the enactment of the 
        Impact Aid Reauthorization Act of 2000 shall be 
        eligible to receive the payment if--
                  [(A) the Federal property, when combined with 
                other Federal property in the school district 
                served by the local educational agency acquired 
                by the Federal Government after the date of the 
                enactment of such Act, meets the requirements 
                of subsection (a); and
                  [(B) the local educational agency submits an 
                application for a payment under this section 
                not later than 7 years after the date of 
                acquisition of the Federal property acquired 
                after the date of the enactment of such Act.
          [(3) New federal property.--A local educational 
        agency that is eligible to receive a payment under this 
        section for Federal property acquired by the Federal 
        Government after the date of the enactment of the 
        Impact Aid Reauthorization Act of 2000 shall be 
        eligible to receive the payment only if the local 
        educational agency submits an application for a payment 
        under this section not later than 7 years after the 
        date of acquisition.]
  [(n)] (j) Loss of Eligibility.--
          (1) In general.--Notwithstanding any other provision 
        of this section, the Secretary shall make a minimum 
        payment to a local educational agency described in 
        paragraph (2), for the first fiscal year that the 
        agency loses eligibility for assistance under this 
        section as a result of property located within the 
        school district served by the agency failing to meet 
        the definition of Federal property under section 
        [8013(5)(C)(iii)] 4013(5)(C)(iii), in an amount equal 
        to 90 percent of the amount received by the agency 
        under this section for the preceding year.

           *       *       *       *       *       *       *

SEC. [8003.] 4003. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

  (a) Computation of Payment.--
          (1) In general.--For the purpose of computing the 
        amount that a local educational agency is eligible to 
        receive under subsection (b) or (d) for any fiscal 
        year, the Secretary shall determine the number of 
        children who were in average daily attendance in the 
        schools of such agency (including those children 
        enrolled in such agency as a result of the open 
        enrollment policy of the State in which the agency is 
        located, but not including children who are enrolled in 
        a distance education program at such agency and who are 
        not residing within the geographic boundaries of such 
        agency), and for whom such agency provided free public 
        education, during the preceding school year and who, 
        while in attendance at such schools--
                  (A)
                           * * *

           *       *       *       *       *       *       *

          (4) Military installation and indian housing 
        undergoing renovation [or rebuilding], rebuilding, or 
        authorized for demolition.--
                  (A) In general.--(i) For purposes of 
                computing the amount of a payment for a local 
                educational agency for children described in 
                paragraph (1)(D)(i), the Secretary shall 
                consider such children to be children described 
                in paragraph (1)(B) if the Secretary 
                determines, on the basis of a certification 
                provided to the Secretary by a designated 
                representative of the Secretary of Defense, 
                that such children would have resided in 
                housing on Federal property in accordance with 
                paragraph (1)(B) except that such housing was 
                undergoing renovation [or rebuilding], 
                rebuilding, or authorized for demolition by the 
                Secretary of Defense or the head of another 
                Federal agency on the date for which the 
                Secretary determines the number of children 
                under paragraph (1).
                  (ii) For purposes of computing the amount of 
                a payment for a local educational agency that 
                received a payment for children that resided on 
                Indian lands in accordance with paragraph 
                (1)(C) for the fiscal year prior to the fiscal 
                year for which the local educational agency is 
                making an application, the Secretary shall 
                consider such children to be children described 
                in paragraph (1)(C) if the Secretary 
                determines, on the basis of a certification 
                provided to the Secretary by a designated 
                representative of the Secretary of the Interior 
                or the Secretary of Housing and Urban 
                Development, that such children would have 
                resided in housing on Indian lands in 
                accordance with paragraph (1)(C) except that 
                such housing was undergoing renovation [or 
                rebuilding], rebuilding, or authorized for 
                demolition by the Secretary of Defense or the 
                head of another Federal agency on the date for 
                which the Secretary determines the number of 
                children under paragraph (1).
                  (B) Limitations.--(i)(I) Children described 
                in paragraph (1)(D)(i) may be deemed to be 
                children described in paragraph (1)(B) with 
                respect to housing on Federal property 
                undergoing renovation [or rebuilding], 
                rebuilding, or authorized for demolition by the 
                Secretary of Defense or the head of another 
                Federal agency in accordance with subparagraph 
                (A)(i) for a period not to exceed [3 fiscal 
                years] 4 fiscal years (which are not required 
                to run consecutively).
                  (II) The number of children described in 
                paragraph (1)(D)(i) who are deemed to be 
                children described in paragraph (1)(B) with 
                respect to housing on Federal property 
                undergoing renovation [or rebuilding], 
                rebuilding, or authorized for demolition by the 
                Secretary of Defense or the head of another 
                Federal agency in accordance with subparagraph 
                (A)(i) for any fiscal year may not exceed the 
                maximum number of children who are expected to 
                occupy that housing upon completion of the 
                renovation [or rebuilding], rebuilding, or 
                authorized for demolition by the Secretary of 
                Defense or the head of another Federal agency.
                  (ii)(I) Children that resided on Indian lands 
                in accordance with paragraph (1)(C) for the 
                fiscal year prior to the fiscal year for which 
                the local educational agency is making an 
                application may be deemed to be children 
                described in paragraph (1)(C) with respect to 
                housing on Indian lands undergoing renovation 
                [or rebuilding], rebuilding, or authorized for 
                demolition by the Secretary of Defense or the 
                head of another Federal agency in accordance 
                with subparagraph (A)(ii) for a period not to 
                exceed [3 fiscal years] 4 fiscal years (which 
                are not required to run consecutively).
                  (II) The number of children that resided on 
                Indian lands in accordance with paragraph 
                (1)(C) for the fiscal year prior to the fiscal 
                year for which the local educational agency is 
                making an application who are deemed to be 
                children described in paragraph (1)(C) with 
                respect to housing on Indian lands undergoing 
                renovation [or rebuilding], rebuilding, or 
                authorized for demolition by the Secretary of 
                Defense or the head of another Federal agency 
                in accordance with subparagraph (A)(ii) for any 
                fiscal year may not exceed the maximum number 
                of children who are expected to occupy that 
                housing upon completion of the renovation [or 
                rebuilding], rebuilding, or authorized for 
                demolition by the Secretary of Defense or the 
                head of another Federal agency.
          (5) Military ``build to lease'' program housing.--
                  (A) In general.--For purposes of computing 
                the amount of payment for a local educational 
                agency for children identified under paragraph 
                (1), the Secretary shall consider children 
                residing in housing initially acquired or 
                constructed under the former section 2828(g) of 
                title 10, United States Code (commonly known as 
                the ``Build to Lease'' program), as added by 
                section 801 of the Military Construction 
                Authorization Act, 1984, or under lease of off-
                base property under subchapter IV of chapter 
                169 of title 10, United States Code, to be 
                children described under paragraph (1)(B) if 
                the property described is within the fenced 
                security perimeter of the military facility 
                upon which such housing is situated.

           *       *       *       *       *       *       *

  (b) Basic Support Payments and Payments With Respect to 
Fiscal Years in Which Insufficient Funds Are Appropriated.--
          (1) Basic support payments.--
                  (A) In general.--From the amount appropriated 
                under [section 8014(b)] section 3(c)(2) for a 
                fiscal year, the Secretary is authorized to 
                make basic support payments to eligible local 
                educational agencies with children described in 
                subsection (a).

           *       *       *       *       *       *       *

                  [(E) Special rule.--For purposes of 
                determining the comparable local contribution 
                rate under subparagraph (C)(iii) for a local 
                educational agency described in section 
                222.39(c)(3) of title 34, Code of Federal 
                Regulations, that had its comparable local 
                contribution rate for fiscal year 1998 
                calculated pursuant to section 222.39 of title 
                34, Code of Federal Regulations, the Secretary 
                shall determine such comparable local 
                contribution rate as the rate upon which 
                payments under this subsection for fiscal year 
                2000 were made to the local educational agency 
                adjusted by the percentage increase or decrease 
                in the per pupil expenditure in the State 
                serving the local educational agency calculated 
                on the basis of the second most recent 
                preceding school year compared to the third 
                most recent preceding school year for which 
                school year data are available.]

           *       *       *       *       *       *       *

          (2) Basic Support Payments for Heavily Impacted Local 
        Educational Agencies.--
                  (A) In general.--(i) From the amount 
                appropriated under [section 8014(b)] section 
                3(c)(2) for a fiscal year, the Secretary is 
                authorized to make basic support payments to 
                eligible heavily impacted local educational 
                agencies with children described in subsection 
                (a).
                  (ii) A local educational agency that receives 
                a basic support payment under this paragraph 
                for a fiscal year shall not be eligible to 
                receive a basic support payment under paragraph 
                (1) for that fiscal year.
                  (iii) The Secretary shall--
                          (I) deem each local educational 
                        agency that received a basic support 
                        payment under this paragraph for fiscal 
                        year 2009 as eligible to receive a 
                        basic support payment under this 
                        paragraph for each of fiscal years 
                        2010, 2011, and 2012; and
                          (II) make a payment to each such 
                        local educational agency under this 
                        paragraph for each of fiscal years 
                        2010, 2011, and 2012.
                  (B) Eligibility for [continuing] heavily 
                impacted local educational agencies.--
                          [(i) In general.--A heavily impacted 
                        local educational agency is eligible to 
                        receive a basic support payment under 
                        subparagraph (A) with respect to a 
                        number of children determined under 
                        subsection (a)(1) if the agency--
                                  [(I) received an additional 
                                assistance payment under 
                                subsection (f) (as such 
                                subsection was in effect on the 
                                day before the date of the 
                                enactment of the Impact Aid 
                                Reauthorization Act of 2000) 
                                for fiscal year 2000; and
                                  [(II)(aa) is a local 
                                educational agency whose 
                                boundaries are the same as a 
                                Federal military installation;
                                  [(bb) has an enrollment of 
                                children described in 
                                subsection (a)(1) that 
                                constitutes a percentage of the 
                                total student enrollment of the 
                                agency which is not less than 
                                35 percent, has a per-pupil 
                                expenditure that is less than 
                                the average per-pupil 
                                expenditure of the State in 
                                which the agency is located or 
                                the average per-pupil 
                                expenditure of all States 
                                (whichever average per-pupil 
                                expenditure is greater), except 
                                that a local educational agency 
                                with a total student enrollment 
                                of less than 350 students shall 
                                be deemed to have satisfied 
                                such per-pupil expenditure 
                                requirement, and has a tax rate 
                                for general fund purposes which 
                                is not less than 95 percent of 
                                the average tax rate for 
                                general fund purposes of local 
                                educational agencies in the 
                                State;
                                  [(cc) has an enrollment of 
                                children described in 
                                subsection (a)(1) that 
                                constitutes a percentage of the 
                                total student enrollment of the 
                                agency which is not less than 
                                30 percent, and has a tax rate 
                                for general fund purposes which 
                                is not less than 125 percent of 
                                the average tax rate for 
                                general fund purposes for 
                                comparable local educational 
                                agencies in the State;
                                  [(dd) has a total student 
                                enrollment of not less than 
                                25,000 students, of which not 
                                less than 50 percent are 
                                children described in 
                                subsection (a)(1) and not less 
                                than 6,000 of such children are 
                                children described in 
                                subparagraphs (A) and (B) of 
                                subsection (a)(1); or
                                  [(ee) meets the requirements 
                                of subsection (f)(2) applying 
                                the data requirements of 
                                subsection (f)(4) (as such 
                                subsections were in effect on 
                                the day before the date of the 
                                enactment of the Impact Aid 
                                Reauthorization Act of 2000).]
                          (i) In general.--A heavily impacted 
                        local educational agency is eligible to 
                        receive a basic support payment under 
                        subparagraph (A) with respect to a 
                        number of children determined under 
                        subsection (a)(1) if the agency--
                                  (I) is a local educational 
                                agency--
                                          (aa) whose boundaries 
                                        are the same as a 
                                        Federal military 
                                        installation or an 
                                        island property 
                                        designated by the 
                                        Secretary of the 
                                        Interior to be property 
                                        that is held in trust 
                                        by the Federal 
                                        Government; and
                                          (bb) that has no 
                                        taxing authority;
                                  (II) is a local educational 
                                agency that--
                                          (aa) has an 
                                        enrollment of children 
                                        described in subsection 
                                        (a)(1) that constitutes 
                                        a percentage of the 
                                        total student 
                                        enrollment of the 
                                        agency that is not less 
                                        than 45 percent;
                                          (bb) has a per-pupil 
                                        expenditure that is 
                                        less than--
                                                  (AA) for an 
                                                agency that has 
                                                a total student 
                                                enrollment of 
                                                500 or more 
                                                students, 125 
                                                percent of the 
                                                average per-
                                                pupil 
                                                expenditure of 
                                                the State in 
                                                which the 
                                                agency is 
                                                located; or
                                                  (BB) for any 
                                                agency that has 
                                                a total student 
                                                enrollment less 
                                                than 500, 150 
                                                percent of the 
                                                average per-
                                                pupil 
                                                expenditure of 
                                                the State in 
                                                which the 
                                                agency is 
                                                located; or the 
                                                average per-
                                                pupil 
                                                expenditure of 
                                                3 or more 
                                                comparable 
                                                local 
                                                educational 
                                                agencies in the 
                                                State in which 
                                                the agency is 
                                                located; and
                                          (cc) is an agency 
                                        that--
                                                  (AA) has a 
                                                tax rate for 
                                                general fund 
                                                purposes that 
                                                is not less 
                                                than 95 percent 
                                                of the average 
                                                tax rate for 
                                                general fund 
                                                purposes of 
                                                comparable 
                                                local 
                                                educational 
                                                agencies in the 
                                                State; or
                                                  (BB) was 
                                                eligible to 
                                                receive a 
                                                payment under 
                                                this subsection 
                                                for fiscal year 
                                                2012 and is 
                                                located in a 
                                                State that by 
                                                State law has 
                                                eliminated ad 
                                                valorem tax as 
                                                a revenue for 
                                                local 
                                                educational 
                                                agencies;
                                  (III) is a local educational 
                                agency that--
                                          (aa) has an 
                                        enrollment of children 
                                        described in subsection 
                                        (a)(1) that constitutes 
                                        a percentage of the 
                                        total student 
                                        enrollment of the 
                                        agency that is not less 
                                        than 20 percent;
                                          (bb) for the 3 fiscal 
                                        years preceding the 
                                        fiscal year for which 
                                        the determination is 
                                        made, the average 
                                        enrollment of children 
                                        who are not described 
                                        in subsection (a)(1) 
                                        and who are eligible 
                                        for a free or reduced 
                                        price lunch under the 
                                        Richard B. Russell 
                                        National School Lunch 
                                        Act constitutes a 
                                        percentage of the total 
                                        student enrollment of 
                                        the agency that is not 
                                        less than 65 percent; 
                                        and
                                          (cc) has a tax rate 
                                        for general fund 
                                        purposes which is not 
                                        less than 125 percent 
                                        of the average tax rate 
                                        for general fund 
                                        purposes for comparable 
                                        local educational 
                                        agencies in the State;
                                  (IV) is a local educational 
                                agency that has a total student 
                                enrollment of not less than 
                                25,000 students, of which--
                                          (aa) not less than 50 
                                        percent are children 
                                        described in subsection 
                                        (a)(1); and
                                          (bb) not less than 
                                        5,500 of such children 
                                        are children described 
                                        in subparagraphs (A) 
                                        and (B) of subsection 
                                        (a)(1); or
                                  (V) is a local educational 
                                agency that--
                                          (aa) has an 
                                        enrollment of children 
                                        described in subsection 
                                        (a)(1) including, for 
                                        purposes of determining 
                                        eligibility, those 
                                        children described in 
                                        subparagraphs (F) and 
                                        (G) of such subsection, 
                                        that is not less than 
                                        35 percent of the total 
                                        student enrollment of 
                                        the agency; and
                                          (bb) was eligible to 
                                        receive assistance 
                                        under subparagraph (A) 
                                        for fiscal year 2001.
                          (ii) Loss of eligibility.--[A 
                        heavily]
                                  (I) In general.--Subject to 
                                subclause (II), a heavily 
                                impacted local educational 
                                agency that met the 
                                requirements of clause (i) for 
                                a fiscal year shall be 
                                ineligible to receive a basic 
                                support payment under 
                                subparagraph (A) if the agency 
                                fails to meet the requirements 
                                of clause (i) for a subsequent 
                                fiscal year, except that such 
                                agency shall continue to 
                                receive a basic support payment 
                                under this paragraph for the 
                                fiscal year for which the 
                                ineligibility determination is 
                                made.
                                  (II) Loss of eligibility due 
                                to falling below 95 percent of 
                                the average tax rate for 
                                general fund purposes.--In a 
                                case of a heavily impacted 
                                local educational agency that 
                                fails to meet the requirements 
                                of clause (i) for a fiscal year 
                                by reason of having a tax rate 
                                for general fund purposes that 
                                falls below 95 percent of the 
                                average tax rate for general 
                                fund purposes of comparable 
                                local educational agencies in 
                                the State, subclause (I) shall 
                                be applied as if ``and the 
                                subsequent fiscal year'' were 
                                inserted before the period at 
                                the end.

           *       *       *       *       *       *       *

                  [(C) Eligibility for new heavily impacted 
                local educational agencies.--
                          [(i) In general.--A heavily impacted 
                        local educational agency that did not 
                        receive an additional assistance 
                        payment under subsection (f) (as such 
                        subsection was in effect on the day 
                        before the date of the enactment of the 
                        Impact Aid Reauthorization Act of 2000) 
                        for fiscal year 2000 is eligible to 
                        receive a basic support payment under 
                        subparagraph (A) for fiscal year 2002 
                        and any subsequent fiscal year with 
                        respect to a number of children 
                        determined under subsection (a)(1) only 
                        if the agency is a local educational 
                        agency whose boundaries are the same as 
                        a Federal military installation (or if 
                        the agency is a qualified local 
                        educational agency as described in 
                        clause (iv)), or the agency--
                                  [(I) has an enrollment of 
                                children described in 
                                subsection (a)(1) that 
                                constitutes a percentage of the 
                                total student enrollment of the 
                                agency that--
                                          [(aa) is not less 
                                        than 50 percent if such 
                                        agency receives a 
                                        payment on behalf of 
                                        children described in 
                                        subparagraphs (F) and 
                                        (G) of such subsection; 
                                        or
                                          [(bb) is not less 
                                        than 40 percent if such 
                                        agency does not receive 
                                        a payment on behalf of 
                                        such children;
                                  [(II)(aa) for a local 
                                educational agency that has a 
                                total student enrollment of 350 
                                or more students, has a per-
                                pupil expenditure that is less 
                                than the average per-pupil 
                                expenditure of the State in 
                                which the agency is located; or
                                  [(bb) for a local educational 
                                agency that has a total student 
                                enrollment of less than 350 
                                students, has a per-pupil 
                                expenditure that is less than 
                                the average per-pupil 
                                expenditure of a comparable 
                                local education agency or three 
                                comparable local educational 
                                agencies in the State in which 
                                the local educational agency is 
                                located; and
                                  [(III) has a tax rate for 
                                general fund purposes that is 
                                at least 95 percent of the 
                                average tax rate for general 
                                fund purposes of comparable 
                                local educational agencies in 
                                the State.
                          [(ii) Resumption of eligibility.--A 
                        heavily impacted local educational 
                        agency described in clause (i) that 
                        becomes ineligible under such clause 
                        for 1 or more fiscal years may resume 
                        eligibility for a basic support payment 
                        under this paragraph for a subsequent 
                        fiscal year only if the agency is a 
                        local educational agency whose 
                        boundaries are the same as a Federal 
                        military installation (or if the agency 
                        is a qualified local educational agency 
                        as described in clause (iv)), or meets 
                        the requirements of clause (i), for 
                        that subsequent fiscal year, except 
                        that such agency shall continue to 
                        receive a basic support payment under 
                        this paragraph for the fiscal year for 
                        which the ineligibility determination 
                        is made.
                          [(iii) Application.--With respect to 
                        the first fiscal year for which a 
                        heavily impacted local educational 
                        agency described in clause (i) applies 
                        for a basic support payment under 
                        subparagraph (A), or with respect to 
                        the first fiscal year for which a 
                        heavily impacted local educational 
                        agency applies for a basic support 
                        payment under subparagraph (A) after 
                        becoming ineligible under clause (i) 
                        for 1 or more preceding fiscal years, 
                        the agency shall apply for such payment 
                        at least 1 year prior to the start of 
                        that first fiscal year.
                          [(iv) Qualified local educational 
                        agency.--A qualified local educational 
                        agency described in this clause is an 
                        agency that meets the following 
                        requirements:
                                  [(I) The boundaries of the 
                                agency are the same as island 
                                property designated by the 
                                Secretary of the Interior to be 
                                property that is held in trust 
                                by the Federal Government.
                                  [(II) The agency has no 
                                taxing authority.
                                  [(III) The agency received a 
                                payment under paragraph (1) for 
                                fiscal year 2001.
                  [(D)] (C) Maximum amount for [regular] 
                heavily impacted local educational agencies.--
                (i) [Except as provided in subparagraph (E)] 
                Except as provided in subparagraph (D), the 
                maximum amount that a heavily impacted local 
                educational agency is eligible to receive under 
                this paragraph for any fiscal year is the sum 
                of the total weighted student units, as 
                computed under subsection (a)(2) and subject to 
                clause (ii), multiplied by the greater of--
                          (I) four-fifths of the average per-
                        pupil expenditure of the State in which 
                        the local educational agency is located 
                        for the third fiscal year preceding the 
                        fiscal year for which the determination 
                        is made; or
                          (II) four-fifths of the average per-
                        pupil expenditure of all of the States 
                        for the third fiscal year preceding the 
                        fiscal year for which the determination 
                        is made.
                  (ii)[(I) For a local educational agency with 
                respect to which 35 percent or more of the 
                total student enrollment of the schools of the 
                agency are children described in subparagraph 
                (D) or (E) (or a combination thereof) of 
                subsection (a)(1), the Secretary shall 
                calculate the weighted student units of such 
                children for purposes of subsection (a)(2) by 
                multiplying the number of such children by a 
                factor of 0.55.] (I)(aa) For a local 
                educational agency with respect to which 35 
                percent or more of the total student enrollment 
                of the schools of the agency are children 
                described in subparagraph (D) or (E) (or a 
                combination thereof) of subsection (a)(1), and 
                that has an enrollment of children described in 
                subparagraphs (A), (B), or (C) of such 
                subsection equal to at least 10 percent of the 
                agency's total enrollment, the Secretary shall 
                calculate the weighted student units of those 
                children described in subparagraph (D) or (E) 
                of such subsection by multiplying the number of 
                such children by a factor of 0.55.
                  (bb) Notwithstanding subitem (aa), a local 
                educational agency that received a payment 
                under this paragraph for fiscal year 2006 shall 
                not be required to have an enrollment of 
                children described in subparagraphs (A), (B), 
                or (C) of subsection (a)(1) equal to at least 
                10 percent of the agency's total enrollment.

           *       *       *       *       *       *       *

                  (III) For a local educational agency that 
                does not qualify under [(B)(i)(II)(aa)] 
                subparagraph (B)(i)(I) of this subsection and 
                has an enrollment of more than 100 but not more 
                than 1,000 children described in subsection 
                (a)(1), the Secretary shall calculate the total 
                number of weighted student units for purposes 
                of subsection (a)(2) by multiplying the number 
                of such children by a factor of 1.25.
                  [(E)] (D) Maximum amount for large heavily 
                impacted local educational agencies.--(i)(I) * 
                * *
                  (II) A heavily impacted local educational 
                agency described in this subclause is a local 
                educational agency that has a total student 
                enrollment of not less than 25,000 students, of 
                which not less than 50 percent are children 
                described in subsection (a)(1) and not less 
                than [6,000] 5,500 of such children are 
                children described in subparagraphs (A) and (B) 
                of subsection (a)(1).

           *       *       *       *       *       *       *

                  [(F)] (E) Data.--For purposes of providing 
                assistance under this paragraph the 
                [Secretary--
                          [(i) shall use] Secretary shall use 
                        student, revenue, expenditure, and tax 
                        data from the third fiscal year 
                        preceding the fiscal year for which the 
                        local educational agency is applying 
                        for assistance under this paragraph; 
                        [and].
                          [(ii) except as provided in 
                        subparagraph (C)(i)(I), shall include 
                        all of the children described in 
                        subparagraphs (F) and (G) of subsection 
                        (a)(1) enrolled in schools of the local 
                        educational agency in determining (I) 
                        the eligibility of the agency for 
                        assistance under this paragraph, and 
                        (II) the amount of such assistance if 
                        the number of such children meet the 
                        requirements of subsection (a)(3).]
                  [(G)] (F) Determination of average tax rates 
                for general fund purposes.--For the purpose of 
                determining average tax rates for general fund 
                purposes for local educational agencies in a 
                State under this paragraph (except under 
                [subparagraph (C)(i)(II)(bb)] subparagraph 
                (B)(i)(II)(bb)), the Secretary shall use 
                either--
                          (i) * * *

           *       *       *       *       *       *       *

                  [(H)] (G) Eligibility for heavily impacted 
                local educational agencies affected by 
                privatization of military housing.--
                          (i) Eligibility.--For any fiscal 
                        year, a heavily impacted local 
                        educational agency that received a 
                        basic support payment under this 
                        paragraph for the prior fiscal year, 
                        but is ineligible for such payment for 
                        the current fiscal year under 
                        [subparagraph (B), (C), (D), or (E)] 
                        subparagraph (B), (C), or (D), as the 
                        case may be, [by reason of] due to the 
                        conversion of military housing units to 
                        private housing described in clause 
                        (iii), or as the direct result of base 
                        realignment and closure or 
                        modularization as determined by the 
                        Secretary of Defense and force 
                        structure change or force relocation, 
                        shall be deemed to meet the eligibility 
                        requirements under subparagraph (B) or 
                        (C), as the case may be, for the period 
                        during which the housing units are 
                        undergoing such conversion or during 
                        such time as activities associated with 
                        base closure and realignment, 
                        modularization, force structure change, 
                        or force relocation are ongoing.
                          (ii) Amount of payment.--The amount 
                        of a payment to a heavily impacted 
                        local educational agency for a fiscal 
                        year by reason of the application of 
                        clause (i), and calculated in 
                        accordance with subparagraph [(D) or 
                        (E)] (C) or (D), as the case may be, 
                        shall be based on the number of 
                        children in average daily attendance in 
                        the schools of such agency for the 
                        fiscal year and under the same 
                        provisions of subparagraph [(D) or (E)] 
                        (C) or (D) under which the agency was 
                        paid during the prior fiscal year.

           *       *       *       *       *       *       *

          (3) Payments with respect to fiscal years in which 
        insufficient funds are appropriated.--
                  (A) In general.--For any fiscal year in which 
                the sums appropriated under [section 8014(b)] 
                section 3(c)(2) are insufficient to pay to each 
                local educational agency the full amount 
                computed under paragraphs (1) and (2), the 
                Secretary shall make payments in accordance 
                with this paragraph.
                  (B) Learning opportunity threshold payments 
                in lieu of payments under paragraph (1).--(i) * 
                * *

           *       *       *       *       *       *       *

                  [(iii) For the purpose of determining the 
                percentages described in subclauses (I) and 
                (II) of clause (i) that are applicable to the 
                local educational agency providing free public 
                education to students in grades 9 through 12 
                residing on Hanscom Air Force Base, 
                Massachusetts, the Secretary shall consider 
                only that portion of such agency's total 
                enrollment of students in grades 9 through 12 
                when calculating the percentage under such 
                subclause (I) and only that portion of the 
                total current expenditures attributed to the 
                operation of grades 9 through 12 in such agency 
                when calculating the percentage under subclause 
                (II).]
                  (iii) In the case of a local educational 
                agency providing a free public education to 
                students enrolled in kindergarten through grade 
                12, but which enrolls students described in 
                subparagraphs (A), (B), and (D) of subsection 
                (a)(1) only in grades 9 through 12, and which 
                received a final payment in fiscal year 2009 
                calculated under this paragraph (as this 
                paragraph was in effect on the day before the 
                date of enactment of the Encouraging Innovation 
                and Effective Teachers Act) for students in 
                grades 9 through 12, the Secretary shall, in 
                calculating the agency's payment, consider only 
                that portion of such agency's total enrollment 
                of students in grades 9 through 12 when 
                calculating the percentage under clause (i)(I) 
                and only that portion of the total current 
                expenditures attributed to the operation of 
                grades 9 through 12 in such agency when 
                calculating the percentage under clause 
                (i)(II).

           *       *       *       *       *       *       *

                  (v) In the case of a local educational agency 
                that is providing a program of distance 
                education to children not residing within the 
                geographic boundaries of the agency, the 
                Secretary shall--
                          (I) for purposes of the calculation 
                        under clause (i)(I), disregard such 
                        children from the total number of 
                        children in average daily attendance at 
                        the schools served by such agency; and
                          (II) for purposes of the calculation 
                        under clause (i)(II), disregard any 
                        funds received for such children from 
                        the total current expenditures for such 
                        agency.
                  (C) Learning opportunity threshold payments 
                in lieu of payments under paragraph (2).--For 
                fiscal years described in subparagraph (A), the 
                learning opportunity threshold payment in lieu 
                of basic support payments under paragraph (2) 
                shall be equal to the amount obtained under 
                [subparagraph (D) or (E) of paragraph (2), as 
                the case may be] paragraph (2)(D).
                  [(D) Ratable distribution.--For fiscal years 
                described in subparagraph (A), the Secretary 
                shall make payments as a ratable distribution 
                based upon the computations made under 
                subparagraphs (B) and (C).]
                  (D) Ratable distribution.--For any fiscal 
                year described in subparagraph (A) for which 
                the sums available exceed the amount required 
                to pay each local educational agency 100 
                percent of its threshold payment, the Secretary 
                shall distribute the excess sums to each 
                eligible local educational agency that has not 
                received its full amount computed under 
                paragraph (1) or (2) (as the case may be) by 
                multiplying--
                          (i) a percentage, the denominator of 
                        which is the difference between the 
                        full amount computed under paragraph 
                        (1) or (2) (as the case may be) for all 
                        local educational agencies and the 
                        amount of the threshold payment (as 
                        calculated under subparagraphs (B) and 
                        (C)) of all local educational agencies, 
                        and the numerator of which is the 
                        aggregate of the excess sums, by;
                          (ii) the difference between the full 
                        amount computed under paragraph (1) or 
                        (2) (as the case may be) for the agency 
                        and the amount of the threshold payment 
                        as calculated under subparagraphs (B) 
                        and (C) of the agency.
                  (E) Insufficient payments.--For each fiscal 
                year described in subparagraph (A) for which 
                the sums appropriated under section 3(c)(2) are 
                insufficient to pay each local educational 
                agency all of the local educational agency's 
                threshold payment described in subparagraph 
                (D), the Secretary shall ratably reduce the 
                payment to each local educational agency under 
                this paragraph.
                  (F) Increases.--If the sums appropriated 
                under section 3(c)(2) are sufficient to 
                increase the threshold payment above the 100 
                percent threshold payment described in 
                subparagraph (D), then the Secretary shall 
                increase payments on the same basis as such 
                payments were reduced, except no local 
                educational agency may receive a payment amount 
                greater than 100 percent of the maximum payment 
                calculated under this subsection.
          (4) States with only one local educational agency.--
                  (A) In general.--In any of the 50 States of 
                the United States in which there is only one 
                local educational agency, the Secretary shall, 
                for purposes of subparagraphs (B) and (C) of 
                paragraph (1) or subparagraphs (B) [through 
                (D)] and (C) of paragraph (2), as the case may 
                be, paragraph (3) of this subsection, and 
                subsection (e), consider each administrative 
                school district in the State to be a separate 
                local educational agency.
                  (B) Computation of maximum amount of basic 
                support payment and threshold payment.--In 
                computing the maximum payment amount under 
                paragraph (1)(C) or [subparagraph (D) or (E)] 
                subparagraph (C) or (D) of paragraph (2), as 
                the case may be, and the learning opportunity 
                threshold payment under subparagraph (B) or (C) 
                of paragraph (3), as the case may be, for an 
                administrative school district described in 
                subparagraph (A)--
                          (i) * * *

           *       *       *       *       *       *       *

  (c) Prior Year Data.--
          (1) * * *
          [(2) Exception.--Calculations for a local educational 
        agency that is newly established by a State shall, for 
        the first year of operation of such agency, be based on 
        data from the fiscal year for which the agency is 
        making application for payment.]
          (2) Exception.--Calculation of payments for a local 
        educational agency shall be based on data from the 
        fiscal year for which the agency is making an 
        application for payment if such agency--
                  (A) is newly established by a State, for the 
                first year of operation of such agency only;
                  (B) was eligible to receive a payment under 
                this section for the previous fiscal year and 
                has had an overall increase in enrollment (as 
                determined by the Secretary in consultation 
                with the Secretary of Defense, the Secretary of 
                Interior, or the heads of other Federal 
                agencies)--
                          (i) of not less than 10 percent, or 
                        100 students, of children described 
                        in--
                                  (I) subparagraph (A), (B), 
                                (C), or (D) of subsection 
                                (a)(1); or
                                  (II) subparagraph (F) and (G) 
                                of subsection (a)(1), but only 
                                to the extent such children are 
                                civilian dependents of 
                                employees of the Department of 
                                Defense or the Department of 
                                Interior; and
                          (ii) that is the direct result of 
                        closure or realignment of military 
                        installations under the base closure 
                        process or the relocation of members of 
                        the Armed Forces and civilian employees 
                        of the Department of Defense as part of 
                        the force structure changes or 
                        movements of units or personnel between 
                        military installations or because of 
                        actions initiated by the Secretary of 
                        the Interior or the head of another 
                        Federal agency; or
                  (C) was eligible to receive a payment under 
                this section for the previous fiscal year and 
                has had an increase in enrollment (as 
                determined by the Secretary)--
                          (i) of not less than 10 percent of 
                        children described in subsection (a)(1) 
                        or not less than 100 of such children; 
                        and
                          (ii) that is the direct result of the 
                        closure of a local educational agency 
                        that received a payment under 
                        subsection (b)(1) or (b)(2) in the 
                        previous fiscal year.
  (d) Children With Disabilities.--
          (1) In general.--From the amount appropriated under 
        [section 8014(c)] section 3(c)(3) for a fiscal year, 
        the Secretary shall pay to each eligible local 
        educational agency, on a pro rata basis, the amounts 
        determined by--
                  (A) * * *

           *       *       *       *       *       *       *

  (e) Hold Harmless.--
          [(1) In general.--Subject to paragraphs (2) and (3), 
        the total amount the Secretary shall pay a local 
        educational agency under subsection (b)--
                  [(A) for fiscal year 2001 shall not be less 
                than 85 percent of the total amount that the 
                local educational agency received under 
                subsections (b) and (f) for fiscal year 2000; 
                and
                  [(B) for fiscal year 2002 shall not be less 
                than 70 percent of the total amount that the 
                local educational agency received under 
                subsections (b) and (f) for fiscal year 2000.
          [(2) Maximum amount.--The total amount provided to a 
        local educational agency under subparagraph (A) or (B) 
        of paragraph (1) for a fiscal year shall not exceed the 
        maximum basic support payment amount for such agency 
        determined under paragraph (1) or (2) of subsection 
        (b), as the case may be.]
          (1) In general.--Subject to paragraph (2), the total 
        amount the Secretary shall pay a local educational 
        agency under subsection (b)--
                  (A) for fiscal year 2013, shall not be less 
                than 90 percent of the total amount that the 
                local educational agency received under 
                subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for 
                fiscal year 2012;
                  (B) for fiscal year 2014, shall not be less 
                than 85 percent of the total amount that the 
                local educational agency received under 
                subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for 
                fiscal year 2012; and
                  (C) for fiscal year 2015, shall not be less 
                than 80 percent of the total amount that the 
                local educational agency received under 
                subsection (b)(1), (b)(2), or (b)(2)(B)(ii) for 
                fiscal year 2012.
          (2) Maximum amount.--The total amount provided to a 
        local educational agency under subparagraph (A), (B), 
        or C of paragraph (1) for a fiscal year shall not 
        exceed the maximum basic support payment amount for 
        such agency determined under paragraph (1) or (2) of 
        subsection (b), as the case may be, for such fiscal 
        year.

           *       *       *       *       *       *       *

  [(g) Maintenance of Effort.--A local educational agency may 
receive funds under sections 8002 and 8003(b) for any fiscal 
year only if the State educational agency finds that either the 
combined fiscal effort per student or the aggregate 
expenditures of that agency and the State with respect to the 
provision of free public education by that agency for the 
preceding fiscal year was not less than 90 percent of such 
combined fiscal effort or aggregate expenditures for the second 
preceding fiscal year.]

SEC. [8004.] 4004. POLICIES AND PROCEDURES RELATING TO CHILDREN 
                    RESIDING ON INDIAN LANDS.

  (a) In General.--A local educational agency that claims 
children residing on Indian lands for the purpose of receiving 
funds under [section 8003] section 4003 shall establish 
policies and procedures to ensure that--
          (1) * * *

           *       *       *       *       *       *       *

  (b) Records.--A local educational agency that claims children 
residing on Indian lands for the purpose of receiving funds 
under [section 8003] section 4003 shall maintain records 
demonstrating such agency's compliance with the requirements 
contained in subsection (a).
  (c) Waiver.--A local educational agency that claims children 
residing on Indian lands for the purpose of receiving funds 
under [section 8003] section 4003 shall not be required to 
comply with the requirements of subsections (a) and (b) for any 
fiscal year with respect to any Indian tribe from which such 
agency has received a written statement that the agency need 
not comply with those subsections because the tribe is 
satisfied with the provision of educational services by such 
agency to such children.
  (e) Complaints.--
          (1)
                   * * *

           *       *       *       *       *       *       *

          (8) Withholding.--If the local educational agency 
        rejects the determination of the Secretary, or if the 
        remedy required is not undertaken within the time 
        established and the Secretary determines that an 
        extension of the time established will not effectively 
        encourage the remedy required, the Secretary shall 
        withhold payment of all moneys to which such local 
        agency is eligible under [section 8003] section 4003 
        until such time as the remedy required is undertaken, 
        except where the complaining tribe or its designee 
        formally requests that such funds be released to the 
        local educational agency, except that the Secretary may 
        not withhold such moneys during the course of the 
        school year if the Secretary determines that such 
        withholding would substantially disrupt the educational 
        programs of the local educational agency.
          (9) Rejection of determination.--If the local 
        educational agency rejects the determination of the 
        Secretary and a tribe exercises the option under 
        section 1101(d) of the Education Amendments of 1978, to 
        have education services provided either directly by the 
        [Bureau of Indian Affairs] Bureau of Indian Education 
        or by contract with the Bureau of Indian Affairs, any 
        Indian students affiliated with that tribe who wish to 
        remain in attendance at the local educational agency 
        against whom the complaint which led to the tribal 
        action under such subsection (d) was lodged may be 
        counted with respect to that local educational agency 
        for the purpose of receiving funds under [section 8003] 
        section 4003. In such event, funds under such section 
        shall not be withheld pursuant to paragraph (8) and no 
        further complaints with respect to such students may be 
        filed under paragraph (1).

           *       *       *       *       *       *       *

SEC. [8005.] 4005. APPLICATION FOR PAYMENTS UNDER SECTIONS [8002 AND 
                    8003] 4002 AND 4003.

  (a) In General.--A local educational agency desiring to 
receive a payment under [section 8002] section 4002 or [8003] 
4003 shall--
          (1) * * *

           *       *       *       *       *       *       *

  (b) Contents.--Each such application shall be submitted in 
such form and manner, [and shall contain such information,] as 
the Secretary may require, including--
          (1) * * *
          (2) where applicable, an assurance that such agency 
        is in compliance with section [8004] 4004 (relating to 
        children residing on Indian lands).

           *       *       *       *       *       *       *

  (d) Approval.--
          (1) * * *
          (2) Reduction in payment.--The Secretary shall 
        approve an application filed not more than 60 days 
        after a deadline established under subsection (c), or 
        not more than 60 days after the date on which the 
        Secretary sends written notice to the local educational 
        agency pursuant to paragraph (3)(A), as the case may 
        be, that otherwise meets the requirements of this 
        title, except that, notwithstanding section [8003(e)] 
        4003(e), the Secretary shall reduce the payment based 
        on such late application by 10 percent of the amount 
        that would otherwise be paid.
          (3) Late applications.--
                  (A) Notice.--The Secretary shall, as soon as 
                practicable after the deadline established 
                under subsection (c), provide to each local 
                educational agency that applied for a payment 
                under [section 8002] section 4002 or [8003] 
                4003 for the prior fiscal year, and with 
                respect to which the Secretary has not received 
                an application for a payment under either such 
                section (as the case may be) for the fiscal 
                year in question, written notice of the failure 
                to comply with the deadline and instruction to 
                ensure that the application is filed not later 
                than 60 days after the date on which the 
                Secretary sends the notice.

           *       *       *       *       *       *       *

SEC. [8007.] 4007. CONSTRUCTION.

  (a) Construction Payments Authorized.--
          (1) In general.--From 40 percent of the amount 
        appropriated for each fiscal year under section 
        [8014(e)] 3(c)(4), the Secretary shall make payments in 
        accordance with this subsection to each local 
        educational agency that receives a basic support 
        payment under [section 8003(b)] section 4003(b) for 
        that fiscal year.
          (2) Additional requirements.--A local educational 
        agency that receives a basic support payment under 
        [section 8003(b)] section 4003(b)(1) shall also meet at 
        least one of the following requirements:
                  (A) The number of children determined under 
                [section 8003(a)] section 4003(a)(1)(C) for the 
                agency for the preceding school year 
                constituted at least 50 percent of the total 
                student enrollment in the schools of the agency 
                during the preceding school year.
                  (B) The number of children determined under 
                subparagraphs (B) and (D)(i) of [section 
                8003(a)] section 4003(a)(1) for the agency for 
                the preceding school year constituted at least 
                50 percent of the total student enrollment in 
                the schools of the agency during the preceding 
                school year.
                  (C) The agency is eligible under section 
                4003(b)(2) or is receiving basic support 
                payments under circumstances described in 
                section 4003(b)(2)(B)(ii).
          (3) Amount of payments.--
                  (A) Local educational agencies impacted by 
                military dependent children.--The amount of a 
                payment to each local educational agency 
                described in this subsection that is impacted 
                by military dependent children for a fiscal 
                year shall be equal to--
                          (i)(II) 20 percent of the amount 
                        appropriated under section [8014(e)] 
                        3(c)(4) for such fiscal year; divided 
                        by
                          (II) the total number of weighted 
                        student units of children described in 
                        subparagraphs (B) and (D)(i) of 
                        [section 8003(a)] section 4003(a)(1) 
                        for all local educational agencies 
                        described in this subsection (as 
                        calculated under [section 8003(a)] 
                        section 4003(a)(2)), including the 
                        number of weighted student units of 
                        such children attending a school 
                        facility described in [section 8008(a)] 
                        section 4008(a) if the Secretary does 
                        not provide assistance for the school 
                        facility under that section for the 
                        prior fiscal year; multiplied by
                          (ii) the total number of such 
                        weighted student units for the agency.
                  (B) Local educational agencies impacted by 
                children who reside on indian lands.--The 
                amount of a payment to each local educational 
                agency described in this subsection that is 
                impacted by children who reside on Indian lands 
                for a fiscal year shall be equal to--
                          (i)(I) 20 percent of the amount 
                        appropriated under section [8014(e)] 
                        3(c)(4) for such fiscal year; divided 
                        by
                          (II) the total number of weighted 
                        student units of children described in 
                        [section 8003(a)] section 4003(a)(1)(C) 
                        for all local educational agencies 
                        described in this subsection (as 
                        calculated under [section 8003(a)] 
                        section 4003(a)(2)); multiplied by
                          (ii) the total number of such 
                        weighted student units for the agency.
          (4) Use of funds.--Any local educational agency that 
        receives funds under this subsection shall use such 
        funds for construction, as defined in [section 8013(3)] 
        section 4013(3).
  (b) School Facility Emergency and Modernization Grants 
Authorized.--
          (1) In general.--From 60 percent of the amount 
        appropriated for each fiscal year under section 
        [8014(e)] 3(c)(4), the Secretary--
                  (A) * * *

           *       *       *       *       *       *       *

          (3) Eligibility requirements.--
                  (A) Emergency grants.--A local educational 
                agency is eligible to receive an emergency 
                grant under paragraph (2)(A) if--
                          (i) the agency (or in the case of a 
                        local educational agency that does not 
                        have the authority to tax or issue 
                        bonds, the agency's fiscal agent)--
                                  (I) * * *

           *       *       *       *       *       *       *

                                  (III) does not meet the 
                                requirements of subclauses (I) 
                                and (II) but is eligible to 
                                receive funds under [section 
                                8003(b)] section 4003(b)(2) for 
                                the fiscal year; and

           *       *       *       *       *       *       *

                  (C) Additional eligibility for emergency and 
                modernization grants.--(i) A local educational 
                agency is eligible to receive an emergency 
                grant or a modernization grant under 
                subparagraph (B) or (D) of paragraph (2), 
                respectively, if the agency meets the following 
                requirements:
                          (I) The agency receives a basic 
                        support payment under [section 8003(b)] 
                        section 4003(b) for the fiscal year and 
                        the agency meets at least one of the 
                        following requirements:
                                  (aa) The number of children 
                                determined under [section 
                                8003(a)] section 4003(a)(1)(C) 
                                for the agency for the 
                                preceding school year 
                                constituted at least 40 percent 
                                of the total student enrollment 
                                in the schools of the agency 
                                during the preceding school 
                                year.
                                  (bb) The number of children 
                                determined under subparagraphs 
                                (B) and (D)(i) of [section 
                                8003(a)] section 4003(a)(1) for 
                                the agency for the preceding 
                                school year constituted at 
                                least 40 percent of the total 
                                student enrollment in the 
                                schools of the agency during 
                                the preceding school year.
                                  (cc) At least 10 percent of 
                                the property in the agency is 
                                exempt from State and local 
                                taxation under Federal law.

           *       *       *       *       *       *       *

                  (ii) A local educational agency is also 
                eligible to receive a modernization grant under 
                this subparagraph if the agency is eligible to 
                receive assistance under [section 8002] section 
                4002 for the fiscal year and meets the 
                requirements of subclauses (II) and (III) of 
                clause (i).
                  (D) Special rule.--
                          (i) * * *
                          (ii) School described.--A school 
                        described in this clause is a school 
                        that meets the following requirements:
                                  (I) * * *
                                  (II) The school meets at 
                                least one of the following 
                                requirements:
                                          (aa) The number of 
                                        children determined 
                                        under [section 8003(a)] 
                                        section 4003(a)(1)(C) 
                                        for the school for the 
                                        preceding school year 
                                        constituted at least 40 
                                        percent of the total 
                                        student enrollment in 
                                        the school during the 
                                        preceding school year.
                                          (bb) The number of 
                                        children determined 
                                        under subparagraphs (B) 
                                        and (D)(i) of [section 
                                        8003(a)] section 
                                        4003(a)(1) for the 
                                        school for the 
                                        preceding school year 
                                        constituted at least 40 
                                        percent of the total 
                                        student enrollment in 
                                        the school during the 
                                        preceding school year.

           *       *       *       *       *       *       *

                  (F) Limitations on eligibility 
                requirements.--The Secretary shall not limit 
                eligibility--
                          (i) under subparagraph (C)(i)(I)(aa), 
                        to those local educational agencies in 
                        which the number of children determined 
                        under section 8003(a)(1)(C) for each 
                        such agency for the preceding school 
                        year constituted more than 40 percent 
                        of the total student enrollment in the 
                        schools of each such agency during the 
                        preceding school year; and
                          (ii) under subparagraph 
                        (C)(i)(I)(cc), to those local 
                        educational agencies in which more than 
                        10 percent of the property in each such 
                        agency is exempt from State and local 
                        taxation under Federal law.
          (4) Award criteria.--In awarding emergency grants and 
        modernization grants under this subsection, the 
        Secretary shall consider the following factors:
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) The number and percentages of children 
                described in subparagraphs (A), (B), (C), and 
                (D) of [section 8003(a)] section 4003(a)(1) 
                served in the school facility with the 
                emergency or served in the school facility 
                proposed for modernization, as the case may be.

           *       *       *       *       *       *       *

          (6) Application.--A local educational agency that 
        desires to receive an emergency grant or a 
        modernization grant under this subsection shall submit 
        an application to the Secretary at such time, [in such 
        manner, and accompanied by such information] and in 
        such manner as the Secretary may require. Each 
        application shall contain the following:
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) In the case of an application for a 
                modernization grant--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) a listing of the school 
                        facilities to be modernized, including 
                        the number and percentage of children 
                        determined under [section 8003(a)] 
                        section 4003(a)(1) in average daily 
                        attendance in each school facility; and

           *       *       *       *       *       *       *

                  [(F) Such other information and assurances as 
                the Secretary may reasonably require.]

           *       *       *       *       *       *       *

SEC. [8008.] 4008. FACILITIES.

  (a) Current Facilities.--From the amount appropriated for any 
fiscal year under [section 8014(f)] section 3(c)(5), the 
Secretary may continue to provide assistance for school 
facilities that were supported by the Secretary under section 
10 of the Act of September 23, 1950 (Public Law 815, 81st 
Congress) (as such Act was in effect on the day preceding the 
date of the enactment of the Improving America's Schools Act of 
1994).

           *       *       *       *       *       *       *

SEC. [8009.] 4009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE 
                    AID.

  (a) * * *
  (b) State Equalization Plans.--
          (1) In general.--A State may reduce State aid to a 
        local educational agency that receives a payment under 
        [section 8002] section 4002 [or 8003(b)] or 4003(b) 
        (except the amount calculated in excess of 1.0 under 
        [section 8003(a)] section 4003(a)(2)(B) and, with 
        respect to a local educational agency that receives a 
        payment under [section 8003(b)] section 4003(b)(2), the 
        amount in excess of the amount that the agency would 
        receive if the agency were deemed to be an agency 
        eligible to receive a payment under [section 8003(b)] 
        section 4003(b)(1) and not [section 8003(b)] section 
        4003(b)(2)) for any fiscal year if the Secretary 
        determines, and certifies under subsection (c)(3)(A), 
        that the State has in effect a program of State aid 
        that equalizes expenditures for free public education 
        among local educational agencies in the State.

           *       *       *       *       *       *       *

  (c) Procedures for Review of State Equalization Plans.--
          (1) Written notice.--
                  (A) * * *
                  (B) Contents.--Such notice shall be in the 
                form [and contain the information] the 
                Secretary requires, including evidence that the 
                State has notified each local educational 
                agency in the State of such State's intention 
                to consider such payments in providing State 
                aid.

           *       *       *       *       *       *       *

          (3) Qualification procedures.--If the Secretary 
        determines that a program of State aid qualifies under 
        subsection (b), the Secretary shall--
                  (A) * * *
                  (B) afford an opportunity for a hearing, in 
                accordance with [section 8011(a)] section 
                4011(a), to any local educational agency 
                adversely affected by such certification.
          (4) Non-qualification procedures.--If the Secretary 
        determines that a program of State aid does not qualify 
        under subsection (b), the Secretary shall--
                  (A) * * *
                  (B) afford an opportunity for a hearing, in 
                accordance with [section 8011(a)] section 
                4011(a), to the State, and to any local 
                educational agency adversely affected by such 
                determination.

           *       *       *       *       *       *       *

SEC. [8010.] 4010. FEDERAL ADMINISTRATION.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Special Rules.--
          (1) Certain children eligible under subparagraphs (a) 
        and (g)(ii) of section 8003(a)(1).--(A) The Secretary 
        shall treat as eligible under subparagraph (A) of 
        [section 8003(a)] section 4003(a)(1) any child who 
        would be eligible under such subparagraph except that 
        the Federal property on which the child resides or on 
        which the child's parent is employed is not in the same 
        State in which the child attends school, if such child 
        meets the requirements of [paragraph (3)] paragraph (2) 
        of this subsection.
          (B) The Secretary shall treat as eligible under 
        subparagraph (G) of [section 8003(a)] section 
        4003(a)(1) any child who would be eligible under such 
        subparagraph except that such child does not meet the 
        requirements of clause (ii) of such subparagraph, if 
        such child meets the requirements of [paragraph (3)] 
        paragraph (2) of this subsection.
          (2) Requirements.--A child meets the requirements of 
        this paragraph if--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) the State in which such child attends 
                school provides funds for the education of such 
                child on the same basis as all other public 
                school children in the State, unless otherwise 
                permitted under [section 8009(b)] section 
                4009(b) of this title; and
                  (E) such agency received a payment for fiscal 
                year 1999 under [section 8003(b)] section 
                4003(b) on behalf of children described in 
                paragraph (1).

           *       *       *       *       *       *       *

  (d) Timely Payments.--
          (1) In General.--The Secretary shall pay the full 
        amount that a local educational agency is eligible to 
        receive under this title not later than September 30 of 
        the second fiscal year following the fiscal year for 
        which such amount has been appropriated if, not later 
        than 1 calendar year following the fiscal year in which 
        such amount has been appropriated, such local 
        educational agency submits to the Secretary all the 
        data and information necessary for the Secretary to pay 
        the full amount that the agency is eligible to receive 
        under this title for such fiscal year.
          (2) Payments with respect to fiscal years in which 
        insufficient funds are appropriated.--For a fiscal year 
        in which the amount appropriated under section 3(c) is 
        insufficient to pay the full amount a local educational 
        agency is eligible to receive under this title, 
        paragraph (1) shall be applied by substituting ``is 
        available to pay the agency'' for ``the agency is 
        eligible to receive'' each place it appears.

SEC. [8011.] 4011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

  (a) Administrative Hearings.--A local educational agency and 
a State that is adversely affected by any action of the 
Secretary under this title [or under the Act of September 30, 
1950 (Public Law 874, 81st Congress) (as such Act was in effect 
on the day preceding the date of enactment of the Improving 
America's Schools Act of 1994)] shall be entitled to a hearing 
on such action in the same manner as if such agency were a 
person under chapter 5 of title 5, United States Code if the 
local educational agency or State, as the case may be, submits 
to the Secretary a request for the hearing not later than 60 
days after the date of the action of the Secretary under this 
title.

           *       *       *       *       *       *       *

SEC. [8012.] 4012. FORGIVENESS OF OVERPAYMENTS.

  Notwithstanding any other provision of law, the Secretary may 
forgive the obligation of a local educational agency to repay, 
in whole or in part, the amount of any overpayment received 
under this title, or under this title's predecessor 
authorities, if the Secretary determines that the overpayment 
was made as a result of an error made by--
          (1) * * *

           *       *       *       *       *       *       *

SEC. [8013.] 4013. DEFINITIONS.

  For purposes of this title:
          (1) Armed forces.--The term ``Armed Forces'' means 
        the Army, Navy, Air Force, [and Marine Corps] Marine 
        Corps, and Coast Guard.

           *       *       *       *       *       *       *

          (4) Current expenditures.--The term ``current 
        expenditures'' means expenditures for free public 
        education, 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 does not include expenditures for community 
        services, capital outlay, and debt service, or any 
        expenditures made from funds awarded under part A of 
        title I [and title VI]. The determination of whether an 
        expenditure for the replacement of equipment is 
        considered a current expenditure or a capital outlay 
        shall be determined in accordance with generally 
        accepted accounting principles as determined by the 
        State.
          (5) Federal property.--
                  (A) In general.--Except as provided in 
                subparagraphs (B) through (F), the term 
                ``Federal property'' means real property that 
                is not subject to taxation by any State or any 
                political subdivision of a State due to Federal 
                agreement, law, or policy, and that is--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii)(I) * * *
                          (II) used to provide housing for 
                        homeless children at closed military 
                        installations pursuant to section 501 
                        of the [Stewart B. McKinney Homeless 
                        Assistance Act] McKinney-Vento Homeless 
                        Assistance Act (42 U.S.C. 114111 et 
                        seq.); or
                                  (III) used for affordable 
                                housing assisted under the 
                                Native American Housing 
                                Assistance and Self-
                                Determination Act of 1996 (26 
                                U.S.C. 4101 et seq.); or

           *       *       *       *       *       *       *

          (8) Local contribution percentage.--
                  (A) In general.--The term ``local 
                contribution percentage'' means the percentage 
                of current expenditures in the State derived 
                from local and intermediate sources, as 
                reported to [and verified by], and verified by, 
                the National Center for Education Statistics.

           *       *       *       *       *       *       *

          (9) Local educational agency.--
                  (A) * * *
                  (B) Exception.--The term ``local educational 
                agency'' does not include any agency or school 
                authority that the Secretary determines, on a 
                case-by-case basis--
                          (i) * * *

           *       *       *       *       *       *       *

[SEC. 8014. AUTHORIZATION OF APPROPRIATIONS.

  [(a) Payments for Federal Acquisition of Real Property.--For 
the purpose of making payments under section 8002, there are 
authorized to be appropriated $32,000,000 for fiscal year 2000 
and such sums as may be necessary for each of the seven 
succeeding fiscal years.
  [(b) Basic Payments; Payments for Heavily Impacted Local 
Educational Agencies.--For the purpose of making payments under 
section 8003(b), there are authorized to be appropriated 
$809,400,000 for fiscal year 2000 and such sums as may be 
necessary for each of the seven succeeding fiscal years.
  [(c) Payments for Children With Disabilities.--For the 
purpose of making payments under section 8003(d), there are 
authorized to be appropriated $50,000,000 for fiscal year 2000 
and such sums as may be necessary for each of the seven 
succeeding fiscal years.
  [(e) Construction.--For the purpose of carrying out section 
8007, there are authorized to be appropriated $10,052,000 for 
fiscal year 2000 and such sums as may be necessary for fiscal 
year 2001, $150,000,000 for fiscal year 2002, and such sums as 
may be necessary for each of the five succeeding fiscal years.
  [(f) Facilities Maintenance.--For the purpose of carrying out 
section 8008, there are authorized to be appropriated 
$5,000,000 for fiscal year 2000 and such sums as may be 
necessary for each of the seven succeeding fiscal years.]

TITLE V--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS

           *       *       *       *       *       *       *

PART D--FUND FOR THE IMPROVEMENT OF EDUCATION

           *       *       *       *       *       *       *

    Subpart 20--Additional Assistance for Certain Local Educational 
           Agencies Impacted by Federal Property Acquisition

SEC. 5601. RESERVATION.

  The 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] section 4002.

SEC. 5602. ELIGIBILITY.

  A local educational agency is eligible to receive additional 
assistance under this subpart only if such agency--
          (1) received a payment under both [section 8002] 
        section 4002 and [section 8003(b)] section 4003(b) for 
        fiscal year 1996 and is eligible to receive payments 
        under those sections for the year of application;
          (2) provided a free public education to children 
        described under subparagraph (A), (B), or (D) of 
        [section 8003(a)] section 4003(a)(1);

           *       *       *       *       *       *       *

SEC. 5603. MAXIMUM AMOUNT.

  (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)] section 4002(b), shall not be more than 50 
percent of the maximum amount determined under [section 
8002(b)] section 4002(b).

           *       *       *       *       *       *       *

  (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)] section 4002(b).

               [TITLE VI--FLEXIBILITY AND ACCOUNTABILITY

                [PART A--IMPROVING ACADEMIC ACHIEVEMENT

                       [Subpart 1--Accountability

[SEC. 6111. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.

  [The Secretary shall make grants to States to enable the 
States--
          [(1) to pay the costs of the development of the 
        additional State assessments and standards required by 
        section 1111(b), which may include the costs of working 
        in voluntary partnerships with other States, at the 
        sole discretion of each such State; and
          [(2) if a State has developed the assessments and 
        standards required by section 1111(b), to administer 
        those assessments or to carry out other activities 
        described in this subpart and other activities related 
        to ensuring that the State's schools and local 
        educational agencies are held accountable for results, 
        such as the following:
                  [(A) Developing challenging State academic 
                content and student academic achievement 
                standards and aligned assessments in academic 
                subjects for which standards and assessments 
                are not required by section 1111(b).
                  [(B) Developing or improving assessments of 
                English language proficiency necessary to 
                comply with section 1111(b)(7).
                  [(C) Ensuring the continued validity and 
                reliability of State assessments.
                  [(D) Refining State assessments to ensure 
                their continued alignment with the State's 
                academic content standards and to improve the 
                alignment of curricula and instructional 
                materials.
                  [(E) Developing multiple measures to increase 
                the reliability and validity of State 
                assessment systems.
                  [(F) Strengthening the capacity of local 
                educational agencies and schools to provide all 
                students the opportunity to increase 
                educational achievement, including carrying out 
                professional development activities aligned 
                with State student academic achievement 
                standards and assessments.
                  [(G) Expanding the range of accommodations 
                available to students with limited English 
                proficiency and students with disabilities to 
                improve the rates of inclusion of such 
                students, including professional development 
                activities aligned with State academic 
                achievement standards and assessments.
                  [(H) Improving the dissemination of 
                information on student achievement and school 
                performance to parents and the community, 
                including the development of information and 
                reporting systems designed to identify best 
                educational practices based on scientifically 
                based research or to assist in linking records 
                of student achievement, length of enrollment, 
                and graduation over time.

[SEC. 6112. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS.

  [(a) Grant Program Authorized.--From funds made available to 
carry out this subpart, the Secretary shall award, on a 
competitive basis, grants to State educational agencies that 
have submitted an application at such time, in such manner, and 
containing such information as the Secretary may require, which 
demonstrate to the satisfaction of the Secretary, that the 
requirements of this section will be met, for the following:
          [(1) To enable States (or consortia of States) to 
        collaborate with institutions of higher education, 
        other research institutions, or other organizations to 
        improve the quality, validity, and reliability of State 
        academic assessments beyond the requirements for such 
        assessments described in section 1111(b)(3).
          [(2) To measure student academic achievement using 
        multiple measures of student academic achievement from 
        multiple sources.
          [(3) To chart student progress over time.
          [(4) To evaluate student academic achievement through 
        the development of comprehensive academic assessment 
        instruments, such as performance and technology-based 
        academic assessments.
  [(b) Application.--Each State wishing to apply for funds 
under this section shall include in its State plan under part A 
of title I such information as the Secretary may require.
  [(c) Annual Report.--Each State educational agency receiving 
a grant under this section shall submit an annual report to the 
Secretary describing its activities, and the result of those 
activities, under the grant.

[SEC. 6113. FUNDING.

  [(a) Authorization of Appropriations.--
          [(1) National assessment of educational progress.--
        For the purpose of administering the State assessments 
        under the National Assessment of Educational Progress, 
        there are authorized to be appropriated $72,000,000 for 
        fiscal year 2002, and such sums as may be necessary for 
        each of the 5 succeeding fiscal years.
          [(2) State assessments and related activities.--For 
        the purpose of carrying out this subpart, there are 
        authorized to be appropriated $490,000,000 for fiscal 
        year 2002, and such sums as may be necessary for each 
        of the 5 succeeding fiscal years.
  [(b) Allotment of Appropriated Funds.--
          [(1) In general.--From amounts made available for 
        each fiscal year under subsection (a)(2) that are equal 
        to or less than the amount described in section 
        1111(b)(3)(D) (hereinafter in this subsection referred 
        to as the ``trigger amount''), the Secretary shall--
                  [(A) reserve one-half of 1 percent for the 
                Bureau of Indian Affairs;
                  [(B) reserve one-half of 1 percent for the 
                outlying areas; and
                  [(C) from the remainder, allocate to each 
                State an amount equal to--
                          [(i) $3,000,000; and
                          [(ii) with respect to any amounts 
                        remaining after the allocation is made 
                        under clause (i), an amount that bears 
                        the same relationship to such total 
                        remaining amounts as the number of 
                        students ages 5 through 17 in the State 
                        (as determined by the Secretary on the 
                        basis of the most recent satisfactory 
                        data) bears to the total number of such 
                        students in all States.
          [(2) Remainder.--Any amounts remaining for a fiscal 
        year after the Secretary carries out paragraph (1) 
        shall be made available as follows:
                  [(A)(i) To award funds under section 6112 to 
                States according to the quality, needs, and 
                scope of the State application under that 
                section.
                  [(ii) In determining the grant amount under 
                clause (i), the Secretary shall ensure that a 
                State's grant shall include an amount that 
                bears the same relationship to the total funds 
                available under this paragraph for the fiscal 
                year as the number of students ages 5 through 
                17 in the State (as determined by the Secretary 
                on the basis of the most recent satisfactory 
                data) bears to the total number of such 
                students in all States.
                  [(B) Any amounts remaining after the 
                Secretary awards funds under subparagraph (A) 
                shall be allocated to each State that did not 
                receive a grant under such subparagraph, in an 
                amount that bears the same relationship to the 
                total funds available under this subparagraph 
                as the number of students ages 5 through 17 in 
                the State (as determined by the Secretary on 
                the basis of the most recent satisfactory data) 
                bears to the total number of such students in 
                all States.
  [(c) State Defined.--In this section, the term ``State'' 
means each of the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico.

  [Subpart 2--Funding Transferability for State and Local Educational 
                                Agencies

[SEC. 6121. SHORT TITLE.

  [This subpart may be cited as the ``State and Local 
Transferability Act''.

[SEC. 6122. PURPOSE.

  [The purpose of this subpart is to allow States and local 
educational agencies the flexibility--
          [(1) to target Federal funds to Federal programs that 
        most effectively address the unique needs of States and 
        localities; and
          [(2) to transfer Federal funds allocated to other 
        activities to allocations for certain activities 
        authorized under title I.

[SEC. 6123. TRANSFERABILITY OF FUNDS.

  [(a) Transfers by States.--
          [(1) In general.--In accordance with this subpart, a 
        State may transfer not more than 50 percent of the 
        nonadministrative State funds (including funds 
        transferred under paragraph (2)) allotted to the State 
        for use for State-level activities under the following 
        provisions for a fiscal year to one or more of the 
        State's allotments for such fiscal year under any other 
        of such provisions:
                  [(A) Section 2113(a)(3).
                  [(B) Section 2412(a)(1).
                  [(C) Subsections (a)(1) (with the agreement 
                of the Governor) and (c)(1) of section 4112 and 
                section 4202(c)(3).
                  [(D) Section 5112(b).
          [(2) Additional funds for title i.--In accordance 
        with this subpart and subject to the 50 percent 
        limitation described in paragraph (1), a State may 
        transfer any funds allotted to the State under a 
        provision listed in paragraph (1) to its allotment 
        under title I.
  [(b) Transfers by Local Educational Agencies.--
          [(1) Authority to transfer funds.--
                  [(A) In general.--In accordance with this 
                subpart, a local educational agency (except a 
                local educational agency identified for 
                improvement under section 1116(c) or subject to 
                corrective action under section 1116(c)(9)) may 
                transfer not more than 50 percent of the funds 
                allocated to it (including funds transferred 
                under subparagraph (C)) under each of the 
                provisions listed in paragraph (2) for a fiscal 
                year to one or more of its allocations for such 
                fiscal year under any other provision listed in 
                paragraph (2).
                  [(B) Agencies identified for improvement.--In 
                accordance with this subpart, a local 
                educational agency identified for improvement 
                under section 1116(c) may transfer not more 
                than 30 percent of the funds allocated to it 
                (including funds transferred under subparagraph 
                (C)) under each of the provisions listed in 
                paragraph (2) for a fiscal year--
                          [(i) to its allocation for school 
                        improvement for such fiscal year under 
                        section 1003; or
                          [(ii) to any other allocation for 
                        such fiscal year if such transferred 
                        funds are used only for local 
                        educational agency improvement 
                        activities consistent with section 
                        1116(c).
                  [(C) Additional funds for title i.--In 
                accordance with this subpart and subject to the 
                percentage limitation described in subparagraph 
                (A) or (B), as applicable, a local educational 
                agency may transfer funds allocated to such 
                agency under any of the provisions listed in 
                paragraph (2) for a fiscal year to its 
                allocation for part A of title I for that 
                fiscal year.
          [(2) Applicable provisions.--A local educational 
        agency may transfer funds under subparagraph (A), (B), 
        or (C) of paragraph (1) from allocations made under 
        each of the following provisions:
                  [(A) Section 2121.
                  [(B) Section 2412(a)(2)(A).
                  [(C) Section 4112(b)(1).
                  [(D) Section 5112(a).
  [(c) No Transfer of Title I Funds.--A State or a local 
educational agency may not transfer under this subpart to any 
other program any funds allotted or allocated to it for part A 
of title I.
  [(d) Modification of Plans and Applications; Notification.--
          [(1) State transfers.--Each State that makes a 
        transfer of funds under this section shall--
                  [(A) modify, to account for such transfer, 
                each State plan, or application submitted by 
                the State, to which such funds relate;
                  [(B) not later than 30 days after the date of 
                such transfer, submit a copy of such modified 
                plan or application to the Secretary; and
                  [(C) not later than 30 days before the 
                effective date of such transfer, notify the 
                Secretary of such transfer.
          [(2) Local transfers.--Each local educational agency 
        that makes a transfer of funds under this section 
        shall--
                  [(A) modify, to account for such transfer, 
                each local plan, or application submitted by 
                the agency, to which such funds relate;
                  [(B) not later than 30 days after the date of 
                such transfer, submit a copy of such modified 
                plan or application to the State; and
                  [(C) not later than 30 days before the 
                effective date of such transfer, notify the 
                State of such transfer.
  [(e) Applicable Rules.--
          [(1) In general.--Except as otherwise provided in 
        this subpart, funds transferred under this section are 
        subject to each of the rules and requirements 
        applicable to the funds under the provision to which 
        the transferred funds are transferred.
          [(2) Consultation.--Each State educational agency or 
        local educational agency that transfers funds under 
        this section shall conduct consultations in accordance 
        with section 9501, if such transfer transfers funds 
        from a program that provides for the participation of 
        students, teachers, or other educational personnel, 
        from private schools.

         [Subpart 3--State and Local Flexibility Demonstration

[SEC. 6131. SHORT TITLE.

  [This subpart may be cited as the ``State and Local 
Flexibility Demonstration Act''.

[SEC. 6132. PURPOSE.

  [The purpose of this subpart is to create options for 
selected State educational agencies and local educational 
agencies--
          [(1) to improve the academic achievement of all 
        students, and to focus the resources of the Federal 
        Government upon such achievement;
          [(2) to improve teacher quality and subject matter 
        mastery, especially in mathematics, reading, and 
        science;
          [(3) to better empower parents, educators, 
        administrators, and schools to effectively address the 
        needs of their children and students;
          [(4) to give participating State educational agencies 
        and local educational agencies greater flexibility in 
        determining how to increase their students' academic 
        achievement and implement education reforms in their 
        schools;
          [(5) to eliminate barriers to implementing effective 
        State and local education reform, while preserving the 
        goals of opportunity for all students and 
        accountability for student progress;
          [(6) to hold participating State educational agencies 
        and local educational agencies accountable for 
        increasing the academic achievement of all students, 
        especially disadvantaged students; and
          [(7) to narrow achievement gaps between the lowest 
        and highest achieving groups of students so that no 
        child is left behind.

[SEC. 6133. GENERAL PROVISION.

  [For purposes of this subpart, any State that is one local 
educational agency shall be considered a State educational 
agency and not a local educational agency.

                [CHAPTER A--STATE FLEXIBILITY AUTHORITY

[SEC. 6141. STATE FLEXIBILITY.

  [(a) Flexibility Authority.--Except as otherwise provided in 
this chapter, the Secretary shall, on a competitive basis, 
grant flexibility authority to not more than seven eligible 
State educational agencies, under which the agencies may 
consolidate and use funds in accordance with section 6142.
  [(b) Definitions.--In this chapter:
          [(1) Eligible state educational agency.--The term 
        ``eligible State educational agency'' means a State 
        educational agency that--
                  [(A) submits an approvable application under 
                subsection (c); and
                  [(B) proposes performance agreements--
                          [(i) that shall be entered into with 
                        not fewer than 4, and not more than 10, 
                        local educational agencies;
                          [(ii) not fewer than half of which 
                        shall be entered into with high-poverty 
                        local educational agencies; and
                          [(iii) that require the local 
                        educational agencies described in 
                        clause (i) to align their use of 
                        consolidated funds under section 6152 
                        with the State educational agency's use 
                        of consolidated funds under section 
                        6142.
          [(2) High-poverty local educational agency.--The term 
        ``high-poverty local educational agency'' means a local 
        educational agency for which 20 percent or more of the 
        children who are age 5 through 17, and served by the 
        local educational agency, are from families with 
        incomes below the poverty line.
  [(c) State Applications.--
          [(1) Applications.--To be eligible to receive 
        flexibility authority under this chapter, a State 
        educational agency shall submit an application to the 
        Secretary at such time, in such manner, and containing 
        such information as the Secretary may require, 
        including--
                  [(A) information demonstrating, to the 
                satisfaction of the Secretary, that the grant 
                of authority offers substantial promise of--
                          [(i) assisting the State educational 
                        agency in making adequate yearly 
                        progress, as defined under section 
                        1111(b)(2); and
                          [(ii) aligning State and local 
                        reforms and assisting the local 
                        educational agencies that enter into 
                        performance agreements with the State 
                        educational agency under paragraph (2) 
                        in making such adequate yearly 
                        progress;
                  [(B) the performance agreements that the 
                State educational agency proposes to enter into 
                with eligible local educational agencies under 
                paragraph (2);
                  [(C) information demonstrating that the State 
                educational agency has consulted with and 
                involved parents, representatives of local 
                educational agencies, and other educators in 
                the development of the terms of the grant of 
                authority;
                  [(D) a provision specifying that the grant of 
                flexibility authority shall be for a term of 
                not more than 5 years;
                  [(E) a list of the programs described in 
                section 6142(b) that are included in the scope 
                of the grant of authority;
                  [(F) a provision specifying that no 
                requirements of any program described in 
                section 6142(b) and included by a State 
                educational agency in the scope of the grant of 
                authority shall apply to that agency, except as 
                otherwise provided in this chapter;
                  [(G) a 5-year plan describing how the State 
                educational agency intends to consolidate and 
                use the funds from programs included in the 
                scope of the grant of authority, for any 
                educational purpose authorized under this Act, 
                in order to make adequate yearly progress and 
                advance the education priorities of the State 
                and the local educational agencies with which 
                the State educational agency enters into 
                performance agreements;
                  [(H) an assurance that the State educational 
                agency will provide parents, teachers, and 
                representatives of local educational agencies 
                and schools with notice and an opportunity to 
                comment on the proposed terms of the grant of 
                authority;
                  [(I) an assurance that the State educational 
                agency, and the local educational agencies with 
                which the State educational agency enters into 
                performance agreements, will use fiscal control 
                and fund accounting procedures that will ensure 
                proper disbursement of, and accounting for, 
                Federal funds consolidated and used under the 
                grant of authority;
                  [(J) an assurance that the State educational 
                agency, and the local educational agencies with 
                which the State educational agency enters into 
                performance agreements, will meet the 
                requirements of all applicable Federal civil 
                rights laws in carrying out the grant of 
                authority, including consolidating and using 
                funds under the grant of authority;
                  [(K) an assurance that, in consolidating and 
                using funds under the grant of authority--
                          [(i) the State educational agency, 
                        and the local educational agencies with 
                        which the State educational agency 
                        enters into performance agreements, 
                        will provide for the equitable 
                        participation of students and 
                        professional staff in private schools 
                        consistent with section 9501; and
                          [(ii) that sections 9502, 9503, and 
                        9504 shall apply to all services and 
                        assistance provided with such funds in 
                        the same manner as such sections apply 
                        to services and assistance provided in 
                        accordance with section 9501;
                  [(L) an assurance that the State educational 
                agency will, for the duration of the grant of 
                authority, use funds consolidated under section 
                6142 only to supplement the amount of funds 
                that would, in the absence of those Federal 
                funds, be made available from non-Federal 
                sources for the education of students 
                participating in programs assisted with the 
                consolidated funds, and not to supplant those 
                funds; and
                  [(M) an assurance that the State educational 
                agency shall, not later than 1 year after the 
                date on which the Secretary makes the grant of 
                authority, and annually thereafter during the 
                term of the grant of authority, disseminate 
                widely to parents and the general public, 
                transmit to the Secretary, distribute to print 
                and broadcast media, and post on the Internet, 
                a report, which shall include a detailed 
                description of how the State educational 
                agency, and the local educational agencies with 
                which the State educational agency enters into 
                performance agreements, used the funds 
                consolidated under the grant of authority to 
                make adequate yearly progress and advance the 
                education priorities of the State and local 
                educational agencies in the State.
          [(2) Proposed performance agreements with local 
        educational agencies.--
                  [(A) In general.--A State educational agency 
                that wishes to receive flexibility authority 
                under this subpart shall propose performance 
                agreements that meet the requirements of 
                clauses (i) and (ii) of subsection (b)(1)(B) 
                (subject to approval of the application or 
                amendment involved under subsection (d) or 
                (e)).
                  [(B) Performance agreements.--Each proposed 
                performance agreement with a local educational 
                agency shall--
                          [(i) contain plans for the local 
                        educational agency to consolidate and 
                        use funds in accordance with section 
                        6152, for activities that are aligned 
                        with the State educational agency's 
                        plan described in paragraph (1)(G);
                          [(ii) be subject to the requirements 
                        of chapter B relating to agreements 
                        between the Secretary and a local 
                        educational agency, except--
                                  [(I) that, as appropriate, 
                                references in that chapter to 
                                the Secretary shall be deemed 
                                to be references to the State 
                                educational agency; and
                                  [(II) as otherwise provided 
                                in this chapter; and
                          [(iii) contain an assurance that the 
                        local educational agency will, for the 
                        duration of the grant of authority, use 
                        funds consolidated under section 6152 
                        only to supplement the amount of funds 
                        that would, in the absence of those 
                        Federal funds, be made available from 
                        non-Federal sources for the education 
                        of students participating in programs 
                        assisted with the consolidated funds, 
                        and not to supplant those funds.
  [(d) Approval and Selection.--The Secretary shall--
          [(1) establish a peer review process to assist in the 
        review of proposed State applications under this 
        section; and
          [(2) appoint individuals to participate in the peer 
        review process who are--
                  [(A) representative of parents, teachers, 
                State educational agencies, and local 
                educational agencies; and
                  [(B) familiar with educational standards, 
                assessments, accountability, curricula, 
                instruction, and staff development, and other 
                diverse educational needs of students.
  [(e) Amendment to Grant of Authority.--
          [(1) In general.--Subject to paragraph (2), the 
        Secretary shall amend the grant of flexibility 
        authority made to a State educational agency under this 
        chapter, in each of the following circumstances:
                  [(A) Reduction in scope of the grant of 
                authority.--Not later than 1 year after 
                receiving a grant of flexibility authority, the 
                State educational agency seeks to amend the 
                grant of authority to remove from the scope of 
                the grant of authority any program described in 
                section 6142(b).
                  [(B) Expansion of scope of the grant of 
                authority.--Not later than 1 year after 
                receiving a grant of flexibility authority, the 
                State educational agency seeks to amend the 
                grant of authority to include in the scope of 
                the grant of authority any additional program 
                described in section 6142(b) or any additional 
                achievement indicators for which the State will 
                be held accountable.
                  [(C) Changes with respect to number of 
                performance agreements.--The State educational 
                agency seeks to amend the grant of authority to 
                include or remove performance agreements that 
                the State educational agency proposes to enter 
                into with eligible local educational agencies, 
                except that in no case may the State 
                educational agency enter into performance 
                agreements that do not meet the requirements of 
                clauses (i) and (ii) of subsection (b)(1)(B).
          [(2) Approval and disapproval.--
                  [(A) Deemed approval.--A proposed amendment 
                to a grant of flexibility authority submitted 
                by a State educational agency pursuant to 
                paragraph (1) shall be deemed to be approved by 
                the Secretary unless the Secretary makes a 
                written determination, prior to the expiration 
                of the 120-day period beginning on the date on 
                which the Secretary received the proposed 
                amendment, that the proposed amendment is not 
                in compliance with this chapter.
                  [(B) Disapproval.--The Secretary shall not 
                finally disapprove the proposed amendment, 
                except after giving the State educational 
                agency notice and an opportunity for a hearing.
                  [(C) Notification.--If the Secretary finds 
                that the proposed amendment is not in 
                compliance, in whole or in part, with this 
                chapter, the Secretary shall--
                          [(i) give the State educational 
                        agency notice and an opportunity for a 
                        hearing; and
                          [(ii) notify the State educational 
                        agency of the finding of noncompliance 
                        and, in such notification, shall--
                                  [(I) cite the specific 
                                provisions in the proposed 
                                amendment that are not in 
                                compliance; and
                                  [(II) request additional 
                                information, only as to the 
                                noncompliant provisions, needed 
                                to make the proposed amendment 
                                compliant.
                  [(D) Response.--If the State educational 
                agency responds to the Secretary's notification 
                described in subparagraph (C)(ii) during the 
                45-day period beginning on the date on which 
                the agency received the notification, and 
                resubmits the proposed amendment with the 
                requested information described in subparagraph 
                (C)(ii)(II), the Secretary shall approve or 
                disapprove such proposed amendment prior to the 
                later of--
                          [(i) the expiration of the 45-day 
                        period beginning on the date on which 
                        the proposed amendment is resubmitted; 
                        or
                          [(ii) the expiration of the 120-day 
                        period described in subparagraph (A).
                  [(E) Failure to respond.--If the State 
                educational agency does not respond to the 
                Secretary's notification described in 
                subparagraph (C)(ii) during the 45-day period 
                beginning on the date on which the agency 
                received the notification, such proposed 
                amendment shall be deemed to be disapproved.
          [(3) Treatment of program funds withdrawn from grant 
        of authority.--Beginning on the effective date of an 
        amendment executed under paragraph (1)(A), each program 
        requirement of each program removed from the scope of a 
        grant of authority shall apply to the use of funds made 
        available under the program by the State educational 
        agency and each local educational agency with which the 
        State educational agency has a performance agreement.

[SEC. 6142. CONSOLIDATION AND USE OF FUNDS.

  [(a) In General.--
          [(1) Authority.--Under a grant of flexibility 
        authority made under this chapter, a State educational 
        agency may consolidate Federal funds described in 
        subsection (b) and made available to the agency, and 
        use such funds for any educational purpose authorized 
        under this Act.
          [(2) Program requirements.--Except as otherwise 
        provided in this chapter, a State educational agency 
        may use funds under paragraph (1) notwithstanding the 
        program requirements of the program under which the 
        funds were made available to the State.
  [(b) Eligible Funds and Programs.--
          [(1) Funds.--The funds described in this subsection 
        are funds, for State-level activities and State 
        administration, that are described in the following 
        provisions:
                  [(A) Section 1004.
                  [(B) Paragraphs (4) and (5) of section 
                1202(d).
                  [(C) Section 2113(a)(3).
                  [(D) Section 2412(a)(1).
                  [(E) Subsections (a) (with the agreement of 
                the Governor), (b)(2), and (c)(1) of section 
                4112.
                  [(F) Paragraphs (2) and (3) of section 
                4202(c).
                  [(G) Section 5112(b).
          [(2) Programs.--The programs described in this 
        subsection are the programs authorized to be carried 
        out with funds described in paragraph (1).
  [(c) Special Rule.--A State educational agency that receives 
a grant of flexibility authority under this chapter--
          [(1) shall ensure that the funds described in section 
        5112(a) are allocated to local educational agencies in 
        the State in accordance with section 5112(a); but
          [(2) may specify how the local educational agencies 
        shall use the allocated funds.

[SEC. 6143. PERFORMANCE REVIEW AND PENALTIES.

  [(a) Midterm Review.--
          [(1) Failure to make adequate yearly progress.--If, 
        during the term of a grant of flexibility authority 
        under this chapter, a State educational agency fails to 
        make adequate yearly progress for 2 consecutive years, 
        the Secretary shall, after providing notice and an 
        opportunity for a hearing, terminate the grant of 
        authority promptly.
          [(2) Noncompliance.--The Secretary may, after 
        providing notice and an opportunity for a hearing 
        (including the opportunity to provide evidence as 
        described in paragraph (3)), terminate a grant of 
        flexibility authority for a State if there is evidence 
        that the State educational agency involved has failed 
        to comply with the terms of the grant of authority.
          [(3) Evidence.--If a State educational agency 
        believes that a determination of the Secretary under 
        this subsection is in error for statistical or other 
        substantive reasons, the State educational agency may 
        provide supporting evidence to the Secretary, and the 
        Secretary shall consider that evidence before making a 
        final termination determination under this subsection.
  [(b) Final Review.--
          [(1) In general.--If, at the end of the 5-year term 
        of a grant of flexibility authority made under this 
        chapter, the State educational agency has not met the 
        requirements described in section 6141(c), the 
        Secretary may not renew the grant of flexibility 
        authority under section 6144.
          [(2) Compliance.--Beginning on the date on which such 
        term ends, the State educational agency, and the local 
        educational agencies with which the State educational 
        agency has entered into performance agreements, shall 
        be required to comply with each of the program 
        requirements in effect on such date for each program 
        that was included in the grant of authority.

[SEC. 6144. RENEWAL OF GRANT OF FLEXIBILITY AUTHORITY.

  [(a) In General.--Except as provided in section 6143 and in 
accordance with this section, if a State educational agency has 
met, by the end of the original 5-year term of a grant of 
flexibility authority under this chapter, the requirements 
described in section 6141(c), the Secretary shall renew a grant 
of flexibility authority for one additional 5-year term.
  [(b) Renewal.--The Secretary may not renew a grant of 
flexibility authority under this chapter unless, not later than 
6 months before the end of the original term of the grant of 
authority, the State educational agency seeking the renewal 
notifies the Secretary, and the local educational agencies with 
which the State educational agency has entered into performance 
agreements, of the agency's intention to renew the grant of 
authority.
  [(c) Effective Date.--A renewal under this section shall be 
effective on the later of--
          [(1) the expiration of the original term of the grant 
        of authority; or
          [(2) the date on which the State educational agency 
        seeking the renewal provides to the Secretary all data 
        required for the application described in section 
        6141(c).

              [CHAPTER B--LOCAL FLEXIBILITY DEMONSTRATION

[SEC. 6151. LOCAL FLEXIBILITY DEMONSTRATION AGREEMENTS.

  [(a) Authority.--Except as otherwise provided in this 
chapter, the Secretary shall, on a competitive basis, enter 
into local flexibility demonstration agreements--
          [(1) with local educational agencies that submit 
        approvable proposed agreements under subsection (c) and 
        that are selected under subsection (b); and
          [(2) under which those agencies may consolidate and 
        use funds in accordance with section 6152.
  [(b) Selection of Local Educational Agencies.--
          [(1) In general.--Subject to paragraph (2), the 
        Secretary shall enter into local flexibility 
        demonstration agreements under this chapter with not 
        more than 80 local educational agencies. Each local 
        educational agency shall be selected on a competitive 
        basis from among those local educational agencies 
        that--
                  [(A) submit a proposed local flexibility 
                demonstration agreement under subsection (c) to 
                the Secretary and demonstrate, to the 
                satisfaction of the Secretary, that the 
                agreement--
                          [(i) has a substantial promise of 
                        assisting the local educational agency 
                        in meeting the State's definition of 
                        adequate yearly progress, advancing the 
                        education priorities of the local 
                        educational agency, meeting the general 
                        purposes of the programs included under 
                        this chapter and the purposes of this 
                        part, improving student achievement, 
                        and narrowing achievement gaps in 
                        accordance with section 1111(b);
                          [(ii) meets the requirements of this 
                        chapter; and
                          [(iii) contains a plan to consolidate 
                        and use funds in accordance with 
                        section 6152 in order to meet the 
                        State's definition of adequate yearly 
                        progress and the local educational 
                        agency's specific, measurable goals for 
                        improving student achievement and 
                        narrowing achievement gaps; and
                  [(B) have consulted and involved parents and 
                other educators in the development of the 
                proposed local flexibility demonstration 
                agreement.
          [(2) Geographic distribution.--
                  [(A) Initial agreements.--The Secretary may 
                enter into not more than three local 
                flexibility demonstration agreements under this 
                chapter with local educational agencies in each 
                State that does not have a grant of flexibility 
                authority under chapter A.
                  [(B) Urban and rural areas.--If more than 
                three local educational agencies in a State 
                submit approvable local flexibility 
                demonstration agreements under this chapter, 
                the Secretary shall select local educational 
                agencies with which to enter into such 
                agreements in a manner that ensures an 
                equitable distribution among such agencies 
                serving urban and rural areas.
                  [(C) Priority of states to enter into state 
                flexibility demonstration agreements.--
                Notwithstanding any other provision of this 
                part, a local educational agency may not seek 
                to enter into a local flexibility demonstration 
                agreement under this chapter if that agency is 
                located in a State for which the State 
                educational agency--
                          [(i) has, not later than 4 months 
                        after the date of enactment of the No 
                        Child Left Behind Act of 2001, notified 
                        the Secretary of its intent to apply 
                        for a grant of flexibility authority 
                        under chapter A and, within such period 
                        of time as the Secretary may establish, 
                        is provided with such authority by the 
                        Secretary; or
                          [(ii) has, at any time after such 
                        period, been granted flexibility 
                        authority under chapter A.
  [(c) Required Terms of Local Flexibility Demonstration 
Agreement.--Each local flexibility demonstration agreement 
entered into with the Secretary under this chapter shall 
contain each of the following terms:
          [(1) Duration.--The local flexibility demonstration 
        agreement shall be for a term of 5 years.
          [(2) Application of program requirements.--The local 
        flexibility demonstration agreement shall provide that 
        no requirements of any program described in section 
        6152 and included by a local educational agency in the 
        scope of its agreement shall apply to that agency, 
        except as otherwise provided in this chapter.
          [(3) List of programs.--The local flexibility 
        demonstration agreement shall list which of the 
        programs described in section 6152 are included in the 
        scope of the agreement.
          [(4) Use of funds to improve student achievement.--
        The local flexibility demonstration agreement shall 
        contain a 5-year plan describing how the local 
        educational agency intends to consolidate and use the 
        funds from programs included in the scope of the 
        agreement for any educational purpose authorized under 
        this Act to advance the education priorities of the 
        local educational agency, meet the general purposes of 
        the included programs, improve student achievement, and 
        narrow achievement gaps in accordance with section 
        1111(b).
          [(5) Local input.--The local flexibility 
        demonstration agreement shall contain an assurance that 
        the local educational agency will provide parents, 
        teachers, and representatives of schools with notice 
        and an opportunity to comment on the proposed terms of 
        the local flexibility demonstration agreement.
          [(6) Fiscal responsibilities.--The local flexibility 
        demonstration agreement shall contain an assurance that 
        the local educational agency will use fiscal control 
        and fund accounting procedures that will ensure proper 
        disbursement of, and accounting for, Federal funds 
        consolidated and used under the agreement.
          [(7) Civil rights.--The local flexibility 
        demonstration agreement shall contain an assurance that 
        the local educational agency will meet the requirements 
        of all applicable Federal civil rights laws in carrying 
        out the agreement and in consolidating and using the 
        funds under the agreement.
          [(8) Private school participation.--The local 
        flexibility demonstration agreement shall contain an 
        assurance that the local educational agency agrees that 
        in consolidating and using funds under the agreement--
                  [(A) the local educational agency, will 
                provide for the equitable participation of 
                students and professional staff in private 
                schools consistent with section 9501; and
                  [(B) that sections 9502, 9503, and 9504 shall 
                apply to all services and assistance provided 
                with such funds in the same manner as such 
                sections apply to services and assistance 
                provided in accordance with section 9501.
          [(9) Supplanting.--The local flexibility 
        demonstration agreement shall contain an assurance that 
        the local educational agency will, for the duration of 
        the grant of authority, use funds consolidated under 
        section 6152 only to supplement the amount of funds 
        that would, in the absence of those Federal funds, be 
        made available from non-Federal sources for the 
        education of students participating in programs 
        assisted with the consolidated funds, and not to 
        supplant those funds.
          [(10) Annual reports.--The local flexibility 
        demonstration agreement shall contain an assurance that 
        the local educational agency shall, not later than 1 
        year after the date on which the Secretary enters into 
        the agreement, and annually thereafter during the term 
        of the agreement, disseminate widely to parents and the 
        general public, transmit to the Secretary, and the 
        State educational agency for the State in which the 
        local educational agency is located, distribute to 
        print and broadcast media, and post on the Internet, a 
        report that includes a detailed description of how the 
        local educational agency used the funds consolidated 
        under the agreement to improve student academic 
        achievement and reduce achievement gaps.
  [(d) Peer Review.--The Secretary shall--
          [(1) establish a peer review process to assist in the 
        review of proposed local flexibility demonstration 
        agreements under this chapter; and
          [(2) appoint individuals to the peer review process 
        who are representative of parents, teachers, State 
        educational agencies, and local educational agencies, 
        and who are familiar with educational standards, 
        assessments, accountability, curriculum, instruction 
        and staff development, and other diverse educational 
        needs of students.
  [(e) Amendment to Performance Agreement.--
          [(1) In general.--In each of the following 
        circumstances, the Secretary shall amend a local 
        flexibility demonstration agreement entered into with a 
        local educational agency under this chapter:
                  [(A) Reduction in scope of local flexibility 
                demonstration agreement.--Not later than 1 year 
                after entering into a local flexibility 
                demonstration agreement, the local educational 
                agency seeks to amend the agreement to remove 
                from the scope any program described in section 
                6152.
                  [(B) Expansion of scope of local flexibility 
                demonstration agreement.--Not later than 1 year 
                after entering into the local flexibility 
                demonstration agreement, a local educational 
                agency seeks to amend the agreement to include 
                in its scope any additional program described 
                in section 6251 or any additional achievement 
                indicators for which the local educational 
                agency will be held accountable.
          [(2) Approval and disapproval.--
                  [(A) Deemed approval.--A proposed amendment 
                to a local flexibility demonstration agreement 
                pursuant to paragraph (1) shall be deemed to be 
                approved by the Secretary unless the Secretary 
                makes a written determination, prior to the 
                expiration of the 120-day period beginning on 
                the date on which the Secretary received the 
                proposed amendment, that the proposed amendment 
                is not in compliance with this chapter.
                  [(B) Disapproval.--The Secretary shall not 
                finally disapprove the proposed amendment, 
                except after giving the local educational 
                agency notice and an opportunity for a hearing.
                  [(C) Notification.--If the Secretary finds 
                that the proposed amendment is not in 
                compliance, in whole or in part, with this 
                chapter, the Secretary shall--
                          [(i) give the local educational 
                        agency notice and an opportunity for a 
                        hearing; and
                          [(ii) notify the local educational 
                        agency of the finding of noncompliance 
                        and, in such notification, shall--
                                  [(I) cite the specific 
                                provisions in the proposed 
                                amendment that are not in 
                                compliance; and
                                  [(II) request additional 
                                information, only as to the 
                                noncompliant provisions, needed 
                                to make the proposed amendment 
                                compliant.
                  [(D) Response.--If the local educational 
                agency responds to the Secretary's notification 
                described in subparagraph (C)(ii) during the 
                45-day period beginning on the date on which 
                the agency received the notification, and 
                resubmits the proposed amendment with the 
                requested information described in subparagraph 
                (C)(ii)(II), the Secretary shall approve or 
                disapprove such proposed amendment prior to the 
                later of--
                          [(i) the expiration of the 45-day 
                        period beginning on the date on which 
                        the proposed amendment is resubmitted; 
                        or
                          [(ii) the expiration of the 120-day 
                        period described in subparagraph (A).
                  [(E) Failure to respond.--If the local 
                educational agency does not respond to the 
                Secretary's notification described in 
                subparagraph (C)(ii) during the 45-day period 
                beginning on the date on which the agency 
                received the notification, such proposed 
                amendment shall be deemed to be disapproved.
          [(3) Treatment of program funds withdrawn from 
        agreement.--Beginning on the effective date of an 
        amendment executed under paragraph (1)(A), each program 
        requirement of each program removed from the scope of a 
        local flexibility demonstration agreement shall apply 
        to the use of funds made available under the program by 
        the local educational agency.

[SEC. 6152. CONSOLIDATION AND USE OF FUNDS.

  [(a) In General.--
          [(1) Authority.--Under a local flexibility 
        demonstration agreement entered into under this 
        chapter, a local educational agency may consolidate 
        Federal funds made available to the agency under the 
        provisions listed in subsection (b) and use such funds 
        for any educational purpose permitted under this Act.
          [(2) Program requirements.--Except as otherwise 
        provided in this chapter, a local educational agency 
        may use funds under paragraph (1) notwithstanding the 
        program requirements of the program under which the 
        funds were made available to the agency.
  [(b) Eligible Programs.--Program funds made available to 
local educational agencies on the basis of a formula under the 
following provisions may be consolidated and used under 
subsection (a):
          [(1) Subpart 2 of part A of title II.
          [(2) Subpart 1 of part D of title II.
          [(3) Subpart 1 of part A of title IV.
          [(4) Subpart 1 of part A of title V.

[SEC. 6153. LIMITATIONS ON ADMINISTRATIVE EXPENDITURES.

  [Each local educational agency that has entered into a local 
flexibility demonstration agreement with the Secretary under 
this chapter may use for administrative purposes not more than 
4 percent of the total amount of funds allocated to the agency 
under the programs included in the scope of the agreement.

[SEC. 6154. PERFORMANCE REVIEW AND PENALTIES.

  [(a) Midterm Review.--
          [(1) Failure to make adequate yearly progress.--If, 
        during the term of a local flexibility demonstration 
        agreement, a local educational agency fails to make 
        adequate yearly progress for 2 consecutive years, the 
        Secretary shall, after notice and opportunity for a 
        hearing, promptly terminate the agreement.
          [(2) Noncompliance.--The Secretary may, after 
        providing notice and an opportunity for a hearing 
        (including the opportunity to provide information as 
        provided for in paragraph (3)), terminate a local 
        flexibility demonstration agreement under this chapter 
        if there is evidence that the local educational agency 
        has failed to comply with the terms of the agreement.
          [(3) Evidence.--If a local educational agency 
        believes that the Secretary's determination under this 
        subsection is in error for statistical or other 
        substantive reasons, the local educational agency may 
        provide supporting evidence to the Secretary, and the 
        Secretary shall consider that evidence before making a 
        final early termination determination.
  [(b) Final Review.--If, at the end of the 5-year term of a 
local flexibility demonstration agreement entered into under 
this chapter, the local educational agency has not met the 
requirements described in section 6151(c), the Secretary may 
not renew the agreement under section 6155 and, beginning on 
the date on which such term ends, the local educational agency 
shall be required to comply with each of the program 
requirements in effect on such date for each program included 
in the local flexibility demonstration agreement.

[SEC. 6155. RENEWAL OF LOCAL FLEXIBILITY DEMONSTRATION AGREEMENT.

  [(a) In General.--Except as provided in section 6154 and in 
accordance with this section, the Secretary shall renew for one 
additional 5-year term a local flexibility demonstration 
agreement entered into under this chapter if the local 
educational agency has met, by the end of the original term of 
the agreement, the requirements described in section 6151(c).
  [(b) Notification.--The Secretary may not renew a local 
flexibility demonstration agreement under this chapter unless, 
not less than 6 months before the end of the original term of 
the agreement, the local educational agency seeking the renewal 
notifies the Secretary of its intention to renew.
  [(c) Effective Date.--A renewal under this section shall be 
effective at the end of the original term of the agreement or 
on the date on which the local educational agency seeking 
renewal provides to the Secretary all data required under the 
agreement, whichever is later.

[SEC. 6156. REPORTS.

  [(a) Transmittal to Congress.--Not later than 60 days after 
the Secretary receives a report described in section 
6151(b)(10), the Secretary shall make the report available to 
the Committee on Education and the Workforce of the House of 
Representatives and the Committee on Health, Education, Labor, 
and Pensions of the Senate.
  [(b) Limitation.--A State in which a local educational agency 
that has a local flexibility demonstration agreement is located 
may not require such local educational agency to provide any 
application information with respect to the programs included 
within the scope of that agreement other than that information 
that is required to be included in the report described in 
section 6151(b)(10).

     [Subpart 4--State Accountability for Adequate Yearly Progress

[SEC. 6161. ACCOUNTABILITY FOR ADEQUATE YEARLY PROGRESS.

  [In the case of a State educational agency that has a plan 
approved under subpart 1 of part A of title I after the date of 
enactment of the No Child Left Behind Act of 2001, and has a 
plan approved under subpart 1 of part A of title III of such 
Act after such date of enactment, the Secretary shall annually, 
starting with the beginning of the first school year following 
the first two school years for which such plans were 
implemented, review whether the State has--
          [(1) made adequate yearly progress, as defined in 
        section 1111(b)(2)(B), for each of the groups of 
        students described in section 1111(b)(2)(C)(v); and
          [(2) met its annual measurable achievement objectives 
        under section 3122(a).

[SEC. 6162. PEER REVIEW.

  [The Secretary shall use a peer review process to review, 
based on data from the State assessments administered under 
section 1111(b)(3) and on data from the evaluations conducted 
under section 3121, whether the State has failed to make 
adequate yearly progress for 2 consecutive years or whether the 
State has met its annual measurable achievement objectives.

[SEC. 6163. TECHNICAL ASSISTANCE.

  [(a) Provision of Assistance.--
          [(1) Adequate yearly progress.--Based on the review 
        described in section 6161(1), the Secretary shall 
        provide technical assistance to a State that has failed 
        to make adequate yearly progress, as defined in section 
        1111(b)(2), for 2 consecutive years. The Secretary 
        shall provide such assistance not later than the 
        beginning of the first school year that begins after 
        such determination is made.
          [(2) Annual measurable achievement objectives.--Based 
        on the reviews described in section 6161(2), the 
        Secretary may provide technical assistance to a State 
        that has failed to meet its annual measurable 
        achievement objectives under section 3122(a) for 2 
        consecutive years. The Secretary shall provide such 
        assistance not later than the beginning of the first 
        school year that begins after such determination is 
        made.
  [(b) Characteristics.--The technical assistance described in 
subsection (a) shall--
          [(1) be valid, reliable and rigorous; and
          [(2) provide constructive feedback to help the State 
        make adequate yearly progress, as defined in section 
        1111(b)(2), or meet the annual measurable achievement 
        objectives under section 3122(a).

[SEC. 6164. REPORT TO CONGRESS.

  [Beginning with the school year that begins in 2005, the 
Secretary shall submit an annual report to the Committee on 
Education and the Workforce of the House of Representatives and 
the Committee on Health, Education, Labor, and Pensions of the 
Senate containing the following:
          [(1) A list of each State that has not made adequate 
        yearly progress based on the review conducted under 
        section 6161(1).
          [(2) A list of each State that has not met its annual 
        measurable achievement objectives based on the review 
        conducted under section 6161(2).
          [(3) The information reported by the State to the 
        Secretary pursuant to section 1119(a).
          [(4) A description of any technical assistance 
        provided pursuant to section 6163.

                  [PART B--RURAL EDUCATION INITIATIVE

[SEC. 6201. SHORT TITLE.

  [This part may be cited as the ``Rural Education Achievement 
Program''.

[SEC. 6202. PURPOSE

  [It is the purpose of this part 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.

          [Subpart 1--Small, Rural School Achievement Program

[SEC. 6211. USE OF APPLICABLE FUNDING.

  [(a) Alternative Uses.--
          [(1) In general.--Notwithstanding any other provision 
        of law, an eligible local educational agency may use 
        the applicable funding that the agency is eligible to 
        receive from the State educational agency for a fiscal 
        year to carry out local activities authorized under any 
        of the following provisions:
                  [(A) Part A of title I.
                  [(B) Part A or D of title II.
                  [(C) Title III.
                  [(D) Part A or B of title IV.
                  [(E) Part A of title V.
          [(2) Notification.--An eligible local educational 
        agency shall notify the State educational agency of the 
        local educational agency's intention to use the 
        applicable funding in accordance with paragraph (1), by 
        a date that is established by the State educational 
        agency for the notification.
  [(b) 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 7 or 8, 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.
  [(c) Applicable Funding Defined.--In this section, the term 
``applicable funding'' means funds provided under any of the 
following provisions:
          [(1) Subpart 2 and section 2412(a)(2)(A) of title II.
          [(2) Section 4114.
          [(3) Part A of title V.
  [(d) Disbursement.--Each State educational agency that 
receives applicable funding for a fiscal year shall disburse 
the applicable funding to local educational agencies for 
alternative uses under this section for the fiscal year at the 
same time as the State educational agency disburses the 
applicable funding to local educational agencies that do not 
intend to use the applicable funding for such alternative uses 
for the fiscal year.
  [(e) Applicable Rules.--Applicable funding under this section 
shall be available to carry out local activities authorized 
under subsection (a).

[SEC. 6212. GRANT PROGRAM AUTHORIZED.

  [(a) In General.--The Secretary is authorized to award grants 
to eligible local educational agencies to enable the local 
educational agencies to carry out activities authorized under 
any of the following provisions:
          [(1) Part A of title I.
          [(2) Part A or D of title II.
          [(3) Title III.
          [(4) Part A or B of title IV.
          [(5) Part A of title V.
  [(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 
        section 6211(b) for a fiscal year in an amount equal to 
        the initial amount determined under paragraph (2) for 
        the fiscal year minus the total amount received by the 
        agency under the provisions of law described in section 
        6211(c) 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) Special Eligibility Rule.--A local educational agency 
that is eligible to receive a grant under this subpart for a 
fiscal year is not eligible to receive funds for such fiscal 
year under subpart 2.

[SEC. 6213. ACCOUNTABILITY.

  [(a) Academic Achievement Assessment.--Each local educational 
agency that uses or receives funds under this subpart for a 
fiscal year shall administer an assessment that is consistent 
with section 1111(b)(3).
  [(b) Determination Regarding Continuing Participation.--Each 
State educational agency that receives funding under the 
provisions of law described in section 6211(c) shall--
          [(1) after the third year that a local educational 
        agency in the State participates in a program under 
        this subpart and on the basis of the results of the 
        assessments described in subsection (a), determine 
        whether the local educational agency participating in 
        the program made adequate yearly progress, as described 
        in section 1111(b)(2);
          [(2) permit only those local educational agencies 
        that participated and made adequate yearly progress, as 
        described in section 1111(b)(2), to continue to 
        participate; and
          [(3) permit those local educational agencies that 
        participated and failed to make adequate yearly 
        progress, as described in section 1111(b)(2), to 
        continue to participate only if such local educational 
        agencies use applicable funding under this subpart to 
        carry out the requirements of section 1116.

            [Subpart 2--Rural and Low-Income School Program

[SEC. 6221. PROGRAM AUTHORIZED.

  [(a) Grants to States.--
          [(1) In general.--From amounts appropriated under 
        section 6234 for this subpart for a fiscal year that 
        are not reserved under subsection (c), the Secretary 
        shall award grants (from allotments made under 
        paragraph (2)) for the fiscal year to State educational 
        agencies that have applications submitted under section 
        6223 approved to enable the State educational agencies 
        to award grants to eligible local educational agencies 
        for local authorized activities described in section 
        6222(a).
          [(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 6223 
                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 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 6, 
                7, or 8, 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 appropriated under section 
6234 for this subpart for a fiscal year, the Secretary shall 
reserve--
          [(1) one-half of 1 percent to make awards to 
        elementary schools or secondary schools operated or 
        supported by the Bureau of Indian Affairs, to carry out 
        the activities authorized under this subpart; 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 subpart.

[SEC. 6222. USES OF FUNDS.

  [(a) Local Awards.--Grant funds awarded to local educational 
agencies under this subpart shall be used for any of the 
following:
          [(1) Teacher recruitment and retention, including the 
        use of signing bonuses and other financial incentives.
          [(2) Teacher professional development, including 
        programs that train teachers to utilize technology to 
        improve teaching and to train special needs teachers.
          [(3) Educational technology, including software and 
        hardware, as described in part D of title II.
          [(4) Parental involvement activities.
          [(5) Activities authorized under the Safe and Drug-
        Free Schools program under part A of title IV.
          [(6) Activities authorized under part A of title I.
          [(7) Activities authorized under title III.
  [(b) Administrative Costs.--A State educational agency 
receiving a grant under this subpart 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. 6223. APPLICATIONS.

  [(a) In General.--Each State educational agency or specially 
qualified agency desiring to receive 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.
  [(b) Contents.--At a minimum, each application submitted 
under subsection (a) shall include information on specific 
measurable goals and objectives to be achieved through the 
activities carried out through the grant, which may include 
specific educational goals and objectives relating to--
          [(1) increased student academic achievement;
          [(2) decreased student dropout rates; or
          [(3) such other factors as the State educational 
        agency or specially qualified agency may choose to 
        measure.

[SEC. 6224. ACCOUNTABILITY.

  [(a) State Report.--Each State educational agency that 
receives a grant under this subpart shall prepare and submit an 
annual report to the Secretary. The report shall describe--
          [(1) the method the State educational agency used to 
        award grants to eligible local educational agencies, 
        and to provide assistance to schools, under this 
        subpart;
          [(2) how local educational agencies and schools used 
        funds provided under this subpart; and
          [(3) the degree to which progress has been made 
        toward meeting the goals and objectives described in 
        the application submitted under section 6223.
  [(b) Specially Qualified Agency Report.--Each specially 
qualified agency that receives a grant under this subpart shall 
provide an annual report to the Secretary. Such report shall 
describe--
          [(1) how such agency uses funds provided under this 
        subpart; and
          [(2) the degree to which progress has been made 
        toward meeting the goals and objectives described in 
        the application submitted under section 6223.
  [(c) 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) the methods the State educational agencies used 
        to award grants to eligible local educational agencies, 
        and to provide assistance to schools, under this 
        subpart;local educational agencies and schools used 
        funds provided under this subpart; and
          [(3) the degree to which progress has been made 
        toward meeting the goals and objectives described in 
        the applications submitted under section 6223.
  [(d) Academic Achievement Assessment.--Each local educational 
agency or specially qualified agency that receives a grant 
under this subpart for a fiscal year shall administer an 
assessment that is consistent with section 1111(b)(3).
  [(e) Determination Regarding Continuing Participation.--Each 
State educational agency or specially qualified agency that 
receives a grant under this subpart shall--
          [(1) after the third year that a local educational 
        agency or specially qualified agency in the State 
        receives funds under this subpart, and on the basis of 
        the results of the assessments described in subsection 
        (d)--
                  [(A) in the case of a local educational 
                agency, determine whether the local educational 
                agency made adequate yearly progress, as 
                described in section 1111(b)(2); and
                  [(B) in the case of a specially qualified 
                agency, submit to the Secretary information 
                that would allow the Secretary to determine 
                whether the specially qualified agency has made 
                adequate yearly progress, as described in 
                section 1111(b)(2);
          [(2) permit only those local educational agencies or 
        specially qualified agencies that made adequate yearly 
        progress, as described in section 1111(b)(2), to 
        continue to receive grants under this subpart; and
          [(3) permit those local educational agencies or 
        specially qualified agencies that failed to make 
        adequate yearly progress, as described in section 
        1111(b)(2), to continue to receive such grants only if 
        the State educational agency disbursed such grants to 
        the local educational agencies or specially qualified 
        agencies to carry out the requirements of section 1116.

                     [Subpart 3--General Provisions

[SEC. 6231. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.

  [(a) Census Determination.--Each local educational agency 
desiring a grant under section 6212 and each local educational 
agency or specially qualified agency desiring a grant under 
subpart 2 shall--
          [(1) not later than December 1 of each year, conduct 
        a census to determine the number of students in average 
        daily attendance in kindergarten through grade 12 at 
        the schools served by the agency; and
          [(2) not later than March 1 of each year, submit the 
        number described in paragraph (1) to the Secretary (and 
        to the State educational agency, in the case of a local 
        educational agency seeking a grant under subpart (2)).
  [(b) Penalty.--If the Secretary determines that a local 
educational agency or specially qualified agency has knowingly 
submitted false information under subsection (a) for the 
purpose of gaining additional funds under section 6212 or 
subpart 2, 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 6212 or subpart 2 if the agency had 
submitted accurate information under subsection (a).

[SEC. 6232. SUPPLEMENT, NOT SUPPLANT.

  [Funds made available under subpart 1 or subpart 2 shall be 
used to supplement, and not supplant, any other Federal, State, 
or local education funds.

[SEC. 6233. RULE OF CONSTRUCTION.

  [Nothing in this part shall be construed to prohibit a local 
educational agency that enters into cooperative arrangements 
with other local educational agencies for the provision of 
special, compensatory, or other education services, pursuant to 
State law or a written agreement, from entering into similar 
arrangements for the use, or the coordination of the use, of 
the funds made available under this part.

[SEC. 6234. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated to carry out this 
part $300,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of the 5 succeeding fiscal years, to be 
distributed equally between subparts 1 and 2.

                      [PART C--GENERAL PROVISIONS

[SEC. 6301. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR 
                    CONTROL.

  [Nothing in this title shall be construed to authorize an 
officer or employee of the Federal Government to mandate, 
direct, or control a State, local educational agency, or 
school's specific instructional content, academic achievement 
standards and assessments, curriculum, or program of 
instruction, as a condition of eligibility to receive funds 
under this Act.

[SEC. 6302. 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.]

           *       *       *       *       *       *       *

                              ----------                              

HIGHER EDUCATION ACT OF 1965

           *       *       *       *       *       *       *

TITLE II--TEACHER QUALITY ENHANCEMENT

           *       *       *       *       *       *       *

               PART A--TEACHER QUALITY PARTNERSHIP GRANTS

[SEC. 201. PURPOSES.

  [The purposes of this part are to--
          [(1) improve student achievement;
          [(2) improve the quality of prospective and new 
        teachers by improving the preparation of prospective 
        teachers and enhancing professional development 
        activities for new teachers;
          [(3) hold teacher preparation programs at 
        institutions of higher education accountable for 
        preparing highly qualified teachers; and
          [(4) recruit highly qualified individuals, including 
        minorities and individuals from other occupations, into 
        the teaching force.

[SEC. 202. PARTNERSHIP GRANTS.

  [(a) Program Authorized.--From amounts made available under 
section 209, the Secretary is authorized to award grants, on a 
competitive basis, to eligible partnerships, to enable the 
eligible partnerships to carry out the activities described in 
subsection (c).
  [(b) Application.--Each eligible partnership 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. Each such application 
shall contain--
          [(1) a needs assessment of the partners in the 
        eligible partnership with respect to the preparation, 
        ongoing training, professional development, and 
        retention of general education and special education 
        teachers, principals, and, as applicable, early 
        childhood educators;
          [(2) a description of the extent to which the program 
        to be carried out with grant funds, as described in 
        subsection (c), will prepare prospective and new 
        teachers with strong teaching skills;
          [(3) a description of how such program will prepare 
        prospective and new teachers to understand and use 
        research and data to modify and improve classroom 
        instruction;
          [(4) a description of--
                  [(A) how the eligible partnership will 
                coordinate strategies and activities assisted 
                under the grant with other teacher preparation 
                or professional development programs, including 
                programs funded under the Elementary and 
                Secondary Education Act of 1965 and the 
                Individuals with Disabilities Education Act, 
                and through the National Science Foundation; 
                and
                  [(B) how the activities of the partnership 
                will be consistent with State, local, and other 
                education reform activities that promote 
                teacher quality and student academic 
                achievement;
          [(5) an assessment that describes the resources 
        available to the eligible partnership, including--
                  [(A) the integration of funds from other 
                related sources;
                  [(B) the intended use of the grant funds; and
                  [(C) the commitment of the resources of the 
                partnership to the activities assisted under 
                this section, including financial support, 
                faculty participation, and time commitments, 
                and to the continuation of the activities when 
                the grant ends;
          [(6) a description of--
                  [(A) how the eligible partnership will meet 
                the purposes of this part;
                  [(B) how the partnership will carry out the 
                activities required under subsection (d) or 
                (e), based on the needs identified in paragraph 
                (1), with the goal of improving student 
                academic achievement;
                  [(C) if the partnership chooses to use funds 
                under this section for a project or activities 
                under subsection (f) or (g), how the 
                partnership will carry out such project or 
                required activities based on the needs 
                identified in paragraph (1), with the goal of 
                improving student academic achievement;
                  [(D) the partnership's evaluation plan under 
                section 204(a);
                  [(E) how the partnership will align the 
                teacher preparation program under subsection 
                (c) with the--
                          [(i) State early learning standards 
                        for early childhood education programs, 
                        as appropriate, and with the relevant 
                        domains of early childhood development; 
                        and
                          [(ii) student academic achievement 
                        standards and academic content 
                        standards under section 1111(b)(1) of 
                        the Elementary and Secondary Education 
                        Act of 1965, established by the State 
                        in which the partnership is located;
                  [(F) how the partnership will prepare general 
                education teachers to teach students with 
                disabilities, including training related to 
                participation as a member of individualized 
                education program teams, as defined in section 
                614(d)(1)(B) of the Individuals with 
                Disabilities Education Act;
                  [(G) how the partnership will prepare general 
                education and special education teachers to 
                teach students who are limited English 
                proficient;
                  [(H) how faculty at the partner institution 
                will work, during the term of the grant, with 
                highly qualified teachers in the classrooms of 
                high-need schools served by the high-need local 
                educational agency in the partnership to--
                          [(i) provide high-quality 
                        professional development activities to 
                        strengthen the content knowledge and 
                        teaching skills of elementary school 
                        and secondary school teachers; and
                          [(ii) train other classroom teachers 
                        to implement literacy programs that 
                        incorporate the essential components of 
                        reading instruction;
                  [(I) how the partnership will design, 
                implement, or enhance a year-long and rigorous 
                teaching preservice clinical program component;
                  [(J) how the partnership will support in-
                service professional development strategies and 
                activities; and
                  [(K) how the partnership will collect, 
                analyze, and use data on the retention of all 
                teachers and early childhood educators in 
                schools and early childhood education programs 
                located in the geographic area served by the 
                partnership to evaluate the effectiveness of 
                the partnership's teacher and educator support 
                system; and
          [(7) with respect to the induction program required 
        as part of the activities carried out under this 
        section--
                  [(A) a demonstration that the schools and 
                departments within the institution of higher 
                education that are part of the induction 
                program will effectively prepare teachers, 
                including providing content expertise and 
                expertise in teaching, as appropriate;
                  [(B) a demonstration of the eligible 
                partnership's capability and commitment to, and 
                the accessibility to and involvement of faculty 
                in, the use of empirically-based practice and 
                scientifically valid research on teaching and 
                learning;
                  [(C) a description of how the teacher 
                preparation program will design and implement 
                an induction program to support, through not 
                less than the first two years of teaching, all 
                new teachers who are prepared by the teacher 
                preparation program in the partnership and who 
                teach in the high-need local educational agency 
                in the partnership, and, to the extent 
                practicable, all new teachers who teach in such 
                high-need local educational agency, in the 
                further development of the new teachers' 
                teaching skills, including the use of mentors 
                who are trained and compensated by such program 
                for the mentors' work with new teachers; and
                  [(D) a description of how faculty involved in 
                the induction program will be able to 
                substantially participate in an early childhood 
                education program or an elementary school or 
                secondary school classroom setting, as 
                applicable, including release time and 
                receiving workload credit for such 
                participation.
  [(c) Use of Grant Funds.--An eligible partnership that 
receives a grant under this section--
          [(1) shall use grant funds to carry out a program for 
        the preparation of teachers under subsection (d), a 
        teaching residency program under subsection (e), or a 
        combination of such programs; and
          [(2) may use grant funds to carry out a leadership 
        development program under subsection (f).
  [(d) Partnership Grants for the Preparation of Teachers.--An 
eligible partnership that receives a grant to carry out a 
program for the preparation of teachers shall carry out an 
effective pre-baccalaureate teacher preparation program or a 
5th year initial licensing program that includes all of the 
following:
          [(1) Reforms.--
                  [(A) In general.--Implementing reforms, 
                described in subparagraph (B), within each 
                teacher preparation program and, as applicable, 
                each preparation program for early childhood 
                education programs, of the eligible partnership 
                that is assisted under this section, to hold 
                each program accountable for--
                          [(i) preparing--
                                  [(I) new or prospective 
                                teachers to be highly qualified 
                                (including teachers in rural 
                                school districts who may teach 
                                multiple subjects, special 
                                educators, and teachers of 
                                students who are limited 
                                English proficient who may 
                                teach multiple subjects);
                                  [(II) such teachers and, as 
                                applicable, early childhood 
                                educators, to understand 
                                empirically-based practice and 
                                scientifically valid research 
                                related to teaching and 
                                learning and the applicability 
                                of such practice and research, 
                                including through the effective 
                                use of technology, 
                                instructional techniques, and 
                                strategies consistent with the 
                                principles of universal design 
                                for learning, and through 
                                positive behavioral 
                                interventions and support 
                                strategies to improve student 
                                achievement; and
                                  [(III) as applicable, early 
                                childhood educators to be 
                                highly competent; and
                          [(ii) promoting strong teaching 
                        skills and, as applicable, techniques 
                        for early childhood educators to 
                        improve children's cognitive, social, 
                        emotional, and physical development.
                  [(B) Required reforms.--The reforms described 
                in subparagraph (A) shall include--
                          [(i) implementing teacher preparation 
                        program curriculum changes that 
                        improve, evaluate, and assess how well 
                        all prospective and new teachers 
                        develop teaching skills;
                          [(ii) using empirically-based 
                        practice and scientifically valid 
                        research, where applicable, about 
                        teaching and learning so that all 
                        prospective teachers and, as 
                        applicable, early childhood educators--
                                  [(I) understand and can 
                                implement research-based 
                                teaching practices in classroom 
                                instruction;
                                  [(II) have knowledge of 
                                student learning methods;
                                  [(III) possess skills to 
                                analyze student academic 
                                achievement data and other 
                                measures of student learning, 
                                and use such data and measures 
                                to improve classroom 
                                instruction;
                                  [(IV) possess teaching skills 
                                and an understanding of 
                                effective instructional 
                                strategies across all 
                                applicable content areas that 
                                enable general education and 
                                special education teachers and 
                                early childhood educators to--
                                          [(aa) meet the 
                                        specific learning needs 
                                        of all students, 
                                        including students with 
                                        disabilities, students 
                                        who are limited English 
                                        proficient, students 
                                        who are gifted and 
                                        talented, students with 
                                        low literacy levels 
                                        and, as applicable, 
                                        children in early 
                                        childhood education 
                                        programs; and
                                          [(bb) differentiate 
                                        instruction for such 
                                        students;
                                  [(V) can effectively 
                                participate as a member of the 
                                individualized education 
                                program team, as defined in 
                                section 614(d)(1)(B) of the 
                                Individuals with Disabilities 
                                Education Act; and
                                  [(VI) can successfully employ 
                                effective strategies for 
                                reading instruction using the 
                                essential components of reading 
                                instruction;
                          [(iii) ensuring collaboration with 
                        departments, programs, or units of a 
                        partner institution outside of the 
                        teacher preparation program in all 
                        academic content areas to ensure that 
                        prospective teachers receive training 
                        in both teaching and relevant content 
                        areas in order to become highly 
                        qualified, which may include training 
                        in multiple subjects to teach multiple 
                        grade levels as may be needed for 
                        individuals preparing to teach in rural 
                        communities and for individuals 
                        preparing to teach students with 
                        disabilities as described in section 
                        602(10)(D) of the Individuals with 
                        Disabilities Education Act;
                          [(iv) developing and implementing an 
                        induction program;
                          [(v) developing admissions goals and 
                        priorities aligned with the hiring 
                        objectives of the high-need local 
                        educational agency in the eligible 
                        partnership; and
                          [(vi) implementing program and 
                        curriculum changes, as applicable, to 
                        ensure that prospective teachers have 
                        the requisite content knowledge, 
                        preparation, and degree to teach 
                        Advanced Placement or International 
                        Baccalaureate courses successfully.
          [(2) Clinical experience and interaction.--Developing 
        and improving a sustained and high-quality preservice 
        clinical education program to further develop the 
        teaching skills of all prospective teachers and, as 
        applicable, early childhood educators, involved in the 
        program. Such program shall do the following:
                  [(A) Incorporate year-long opportunities for 
                enrichment, including--
                          [(i) clinical learning in classrooms 
                        in high-need schools served by the 
                        high-need local educational agency in 
                        the eligible partnership, and 
                        identified by the eligible partnership; 
                        and
                          [(ii) closely supervised interaction 
                        between prospective teachers and 
                        faculty, experienced teachers, 
                        principals, other administrators, and 
                        school leaders at early childhood 
                        education programs (as applicable), 
                        elementary schools, or secondary 
                        schools, and providing support for such 
                        interaction.
                  [(B) Integrate pedagogy and classroom 
                practice and promote effective teaching skills 
                in academic content areas.
                  [(C) Provide high-quality teacher mentoring.
                  [(D) Be offered over the course of a program 
                of teacher preparation.
                  [(E) Be tightly aligned with course work (and 
                may be developed as a fifth year of a teacher 
                preparation program).
                  [(F) Where feasible, allow prospective 
                teachers to learn to teach in the same local 
                educational agency in which the teachers will 
                work, learning the instructional initiatives 
                and curriculum of that local educational 
                agency.
                  [(G) As applicable, provide training and 
                experience to enhance the teaching skills of 
                prospective teachers to better prepare such 
                teachers to meet the unique needs of teaching 
                in rural or urban communities.
                  [(H) Provide support and training for 
                individuals participating in an activity for 
                prospective or new teachers described in this 
                paragraph or paragraph (1) or (3), and for 
                individuals who serve as mentors for such 
                teachers, based on each individual's 
                experience. Such support may include--
                          [(i) with respect to a prospective 
                        teacher or a mentor, release time for 
                        such individual's participation;
                          [(ii) with respect to a faculty 
                        member, receiving course workload 
                        credit and compensation for time 
                        teaching in the eligible partnership's 
                        activities; and
                          [(iii) with respect to a mentor, a 
                        stipend, which may include bonus, 
                        differential, incentive, or performance 
                        pay, based on the mentor's extra skills 
                        and responsibilities.
          [(3) Induction programs for new teachers.--Creating 
        an induction program for new teachers or, in the case 
        of an early childhood education program, providing 
        mentoring or coaching for new early childhood 
        educators.
          [(4) Support and training for participants in early 
        childhood education programs.--In the case of an 
        eligible partnership focusing on early childhood 
        educator preparation, implementing initiatives that 
        increase compensation for early childhood educators who 
        attain associate or baccalaureate degrees in early 
        childhood education.
          [(5) Teacher recruitment.--Developing and 
        implementing effective mechanisms (which may include 
        alternative routes to State certification of teachers) 
        to ensure that the eligible partnership is able to 
        recruit qualified individuals to become highly 
        qualified teachers through the activities of the 
        eligible partnership, which may include an emphasis on 
        recruiting into the teaching profession--
                  [(A) individuals from under represented 
                populations;
                  [(B) individuals to teach in rural 
                communities and teacher shortage areas, 
                including mathematics, science, special 
                education, and the instruction of limited 
                English proficient students; and
                  [(C) mid-career professionals from other 
                occupations, former military personnel, and 
                recent college graduates with a record of 
                academic distinction.
          [(6) Literacy training.--Strengthening the literacy 
        teaching skills of prospective and, as applicable, new 
        elementary school and secondary school teachers--
                  [(A) to implement literacy programs that 
                incorporate the essential components of reading 
                instruction;
                  [(B) to use screening, diagnostic, formative, 
                and summative assessments to determine 
                students' literacy levels, difficulties, and 
                growth in order to improve classroom 
                instruction and improve student reading and 
                writing skills;
                  [(C) to provide individualized, intensive, 
                and targeted literacy instruction for students 
                with deficiencies in literacy skills; and
                  [(D) to integrate literacy skills in the 
                classroom across subject areas.
  [(e) Partnership Grants for the Establishment of Teaching 
Residency Programs.--
          [(1) In general.--An eligible partnership receiving a 
        grant to carry out an effective teaching residency 
        program shall carry out a program that includes all of 
        the following activities:
                  [(A) Supporting a teaching residency program 
                described in paragraph (2) for high-need 
                subjects and areas, as determined by the needs 
                of the high-need local educational agency in 
                the partnership.
                  [(B) Placing graduates of the teaching 
                residency program in cohorts that facilitate 
                professional collaboration, both among 
                graduates of the teaching residency program and 
                between such graduates and mentor teachers in 
                the receiving school.
                  [(C) Ensuring that teaching residents who 
                participate in the teaching residency program 
                receive--
                          [(i) effective preservice preparation 
                        as described in paragraph (2);
                          [(ii) teacher mentoring;
                          [(iii) support required through the 
                        induction program as the teaching 
                        residents enter the classroom as new 
                        teachers; and
                          [(iv) the preparation described in 
                        subparagraphs (A), (B), and (C) of 
                        subsection (d)(2).
          [(2) Teaching residency programs.--
                  [(A) Establishment and design.--A teaching 
                residency program under this paragraph shall be 
                a program based upon models of successful 
                teaching residencies that serves as a mechanism 
                to prepare teachers for success in the high-
                need schools in the eligible partnership, and 
                shall be designed to include the following 
                characteristics of successful programs:
                          [(i) The integration of pedagogy, 
                        classroom practice, and teacher 
                        mentoring.
                          [(ii) Engagement of teaching 
                        residents in rigorous graduate-level 
                        course work leading to a master's 
                        degree while undertaking a guided 
                        teaching apprenticeship.
                          [(iii) Experience and learning 
                        opportunities alongside a trained and 
                        experienced mentor teacher--
                                  [(I) whose teaching shall 
                                complement the residency 
                                program so that classroom 
                                clinical practice is tightly 
                                aligned with coursework;
                                  [(II) who shall have extra 
                                responsibilities as a teacher 
                                leader of the teaching 
                                residency program, as a mentor 
                                for residents, and as a teacher 
                                coach during the induction 
                                program for new teachers, and 
                                for establishing, within the 
                                program, a learning community 
                                in which all individuals are 
                                expected to continually improve 
                                their capacity to advance 
                                student learning; and
                                  [(III) who may be relieved 
                                from teaching duties as a 
                                result of such additional 
                                responsibilities.
                          [(iv) The establishment of clear 
                        criteria for the selection of mentor 
                        teachers based on measures of teacher 
                        effectiveness and the appropriate 
                        subject area knowledge. Evaluation of 
                        teacher effectiveness shall be based 
                        on, but not limited to, observations of 
                        the following:
                                  [(I) Planning and 
                                preparation, including 
                                demonstrated knowledge of 
                                content, pedagogy, and 
                                assessment, including the use 
                                of formative and diagnostic 
                                assessments to improve student 
                                learning.
                                  [(II) Appropriate instruction 
                                that engages students with 
                                different learning styles.
                                  [(III) Collaboration with 
                                colleagues to improve 
                                instruction.
                                  [(IV) Analysis of gains in 
                                student learning, based on 
                                multiple measures that are 
                                valid and reliable and that, 
                                when feasible, may include 
                                valid, reliable, and objective 
                                measures of the influence of 
                                teachers on the rate of student 
                                academic progress.
                                  [(V) In the case of mentor 
                                candidates who will be 
                                mentoring new or prospective 
                                literacy and mathematics 
                                coaches or instructors, 
                                appropriate skills in the 
                                essential components of reading 
                                instruction, teacher training 
                                in literacy instructional 
                                strategies across core subject 
                                areas, and teacher training in 
                                mathematics instructional 
                                strategies, as appropriate.
                          [(v) Grouping of teaching residents 
                        in cohorts to facilitate professional 
                        collaboration among such residents.
                          [(vi) The development of admissions 
                        goals and priorities--
                                  [(I) that are aligned with 
                                the hiring objectives of the 
                                local educational agency 
                                partnering with the program, as 
                                well as the instructional 
                                initiatives and curriculum of 
                                such agency, in exchange for a 
                                commitment by such agency to 
                                hire qualified graduates from 
                                the teaching residency program; 
                                and
                                  [(II) which may include 
                                consideration of applicants who 
                                reflect the communities in 
                                which they will teach as well 
                                as consideration of individuals 
                                from underrepresented 
                                populations in the teaching 
                                profession.
                          [(vii) Support for residents, once 
                        the teaching residents are hired as 
                        teachers of record, through an 
                        induction program, professional 
                        development, and networking 
                        opportunities to support the residents 
                        through not less than the residents' 
                        first two years of teaching.
                  [(B) Selection of individuals as teacher 
                residents.--
                          [(i) Eligible individual.--In order 
                        to be eligible to be a teacher resident 
                        in a teaching residency program under 
                        this paragraph, an individual shall--
                                  [(I) be a recent graduate of 
                                a four-year institution of 
                                higher education or a mid-
                                career professional from 
                                outside the field of education 
                                possessing strong content 
                                knowledge or a record of 
                                professional accomplishment; 
                                and
                                  [(II) submit an application 
                                to the teaching residency 
                                program.
                          [(ii) Selection criteria.--An 
                        eligible partnership carrying out a 
                        teaching residency program under this 
                        subsection shall establish criteria for 
                        the selection of eligible individuals 
                        to participate in the teaching 
                        residency program based on the 
                        following characteristics:
                                  [(I) Strong content knowledge 
                                or record of accomplishment in 
                                the field or subject area to be 
                                taught.
                                  [(II) Strong verbal and 
                                written communication skills, 
                                which may be demonstrated by 
                                performance on appropriate 
                                tests.
                                  [(III) Other attributes 
                                linked to effective teaching, 
                                which may be determined by 
                                interviews or performance 
                                assessments, as specified by 
                                the eligible partnership.
                  [(C) Stipends or salaries; applications; 
                agreements; repayments.--
                          [(i) Stipends or salaries.--A 
                        teaching residency program under this 
                        subsection shall provide a one-year 
                        living stipend or salary to teaching 
                        residents during the teaching residency 
                        program.
                          [(ii) Applications for stipends or 
                        salaries.--Each teacher residency 
                        candidate desiring a stipend or salary 
                        during the period of residency shall 
                        submit an application to the eligible 
                        partnership at such time, and 
                        containing such information and 
                        assurances, as the eligible partnership 
                        may require.
                          [(iii) Agreements to serve.--Each 
                        application submitted under clause (ii) 
                        shall contain or be accompanied by an 
                        agreement that the applicant will--
                                  [(I) serve as a full-time 
                                teacher for a total of not less 
                                than three academic years 
                                immediately after successfully 
                                completing the teaching 
                                residency program;
                                  [(II) fulfill the requirement 
                                under subclause (I) by teaching 
                                in a high-need school served by 
                                the high-need local educational 
                                agency in the eligible 
                                partnership and teach a subject 
                                or area that is designated as 
                                high need by the partnership;
                                  [(III) provide to the 
                                eligible partnership a 
                                certificate, from the chief 
                                administrative officer of the 
                                local educational agency in 
                                which the resident is employed, 
                                of the employment required in 
                                subclauses (I) and (II) at the 
                                beginning of, and upon 
                                completion of, each year or 
                                partial year of service;
                                  [(IV) meet the requirements 
                                to be a highly qualified 
                                teacher, as defined in section 
                                9101 of the Elementary and 
                                Secondary Education Act of 
                                1965, or section 602 of the 
                                Individuals with Disabilities 
                                Education Act, when the 
                                applicant begins to fulfill the 
                                service obligation under this 
                                clause; and
                                  [(V) comply with the 
                                requirements set by the 
                                eligible partnership 
                                underclause (iv)if the 
                                applicant is unable or 
                                unwilling to complete the 
                                service obligation required by 
                                this clause.
                          [(iv) Repayments.--
                                  [(I) In general.--A grantee 
                                carrying out a teaching 
                                residency program under this 
                                paragraph shall require a 
                                recipient of a stipend or 
                                salary under clause (i) who 
                                does not complete, or who 
                                notifies the partnership that 
                                the recipient intends not to 
                                complete, the service 
                                obligation required byclause 
                                (iii)to repay such stipend or 
                                salary to the eligible 
                                partnership, together with 
                                interest, at a rate specified 
                                by the partnership in the 
                                agreement, and in accordance 
                                with such other terms and 
                                conditions specified by the 
                                eligible partnership, as 
                                necessary.
                                  [(II) Other terms and 
                                conditions.--Any other terms 
                                and conditions specified by the 
                                eligible partnership may 
                                include reasonable provisions 
                                for pro-rata repayment of the 
                                stipend or salary described in 
                                clause (i) or for deferral of a 
                                teaching resident's service 
                                obligation required byclause 
                                (iii),on grounds of health, 
                                incapacitation, inability to 
                                secure employment in a school 
                                served by the eligible 
                                partnership, being called to 
                                active duty in the Armed Forces 
                                of the United States, or other 
                                extraordinary circumstances.
                                  [(III) Use of repayments.--An 
                                eligible partnership shall use 
                                any repayment received under 
                                this clause to carry out 
                                additional activities that are 
                                consistent with the purposes of 
                                this subsection.
  [(f) Partnership Grants for the Development of Leadership 
Programs.--
          [(1) In general.--An eligible partnership that 
        receives a grant under this section may carry out an 
        effective school leadership program, which may be 
        carried out in partnership with a local educational 
        agency located in a rural area and that shall include 
        all of the following activities:
                  [(A) Preparing individuals enrolled or 
                preparing to enroll in school leadership 
                programs for careers as superintendents, 
                principals, early childhood education program 
                directors, or other school leaders (including 
                individuals preparing to work in local 
                educational agencies located in rural areas who 
                may perform multiple duties in addition to the 
                role of a school leader).
                  [(B) Promoting strong leadership skills and, 
                as applicable, techniques for school leaders to 
                effectively--
                          [(i) create and maintain a data-
                        driven, professional learning community 
                        within the leader's school;
                          [(ii) provide a climate conducive to 
                        the professional development of 
                        teachers, with a focus on improving 
                        student academic achievement and the 
                        development of effective instructional 
                        leadership skills;
                          [(iii) understand the teaching and 
                        assessment skills needed to support 
                        successful classroom instruction and to 
                        use data to evaluate teacher 
                        instruction and drive teacher and 
                        student learning;
                          [(iv) manage resources and school 
                        time to improve student academic 
                        achievement and ensure the school 
                        environment is safe;
                          [(v) engage and involve parents, 
                        community members, the local 
                        educational agency, businesses, and 
                        other community leaders, to leverage 
                        additional resources to improve student 
                        academic achievement; and
                          [(vi) understand how students learn 
                        and develop in order to increase 
                        academic achievement for all students.
                  [(C) Ensuring that individuals who 
                participate in the school leadership program 
                receive--
                          [(i) effective preservice preparation 
                        as described in subparagraph (D);
                          [(ii) mentoring; and
                          [(iii) if applicable, full State 
                        certification or licensure to become a 
                        school leader.
                  [(D) Developing and improving a sustained and 
                high-quality preservice clinical education 
                program to further develop the leadership 
                skills of all prospective school leaders 
                involved in the program. Such clinical 
                education program shall do the following:
                          [(i) Incorporate year-long 
                        opportunities for enrichment, 
                        including--
                                  [(I) clinical learning in 
                                high-need schools served by the 
                                high-need local educational 
                                agency or a local educational 
                                agency located in a rural area 
                                in the eligible partnership and 
                                identified by the eligible 
                                partnership; and
                                  [(II) closely supervised 
                                interaction between prospective 
                                school leaders and faculty, new 
                                and experienced teachers, and 
                                new and experienced school 
                                leaders, in such high-need 
                                schools.
                          [(ii) Integrate pedagogy and practice 
                        and promote effective leadership 
                        skills, meeting the unique needs of 
                        urban, rural, or geographically 
                        isolated communities, as applicable.
                          [(iii) Provide for mentoring of new 
                        school leaders.
                  [(E) Creating an induction program for new 
                school leaders.
                  [(F) Developing and implementing effective 
                mechanisms to ensure that the eligible 
                partnership is able to recruit qualified 
                individuals to become school leaders through 
                the activities of the eligible partnership, 
                which may include an emphasis on recruiting 
                into school leadership professions--
                          [(i) individuals from 
                        underrepresented populations;
                          [(ii) individuals to serve as 
                        superintendents, principals, or other 
                        school administrators in rural and 
                        geographically isolated communities and 
                        school leader shortage areas; and
                          [(iii) mid-career professionals from 
                        other occupations, former military 
                        personnel, and recent college graduates 
                        with a record of academic distinction.
          [(2) Selection of individuals for the leadership 
        program.--In order to be eligible for the school 
        leadership program under this subsection, an individual 
        shall be enrolled in or preparing to enroll in an 
        institution of higher education, and shall--
                  [(A) be a--
                          [(i) recent graduate of an 
                        institution of higher education;
                          [(ii) mid-career professional from 
                        outside the field of education with 
                        strong content knowledge or a record of 
                        professional accomplishment;
                          [(iii) current teacher who is 
                        interested in becoming a school leader; 
                        or
                          [(iv) school leader who is interested 
                        in becoming a superintendent; and
                  [(B) submit an application to the leadership 
                program.
  [(g) Partnership with Digital Education Content Developer.--
An eligible partnership that receives a grant under this 
section may use grant funds provided to carry out the 
activities described in subsection (d) or (e), or both, to 
partner with a television public broadcast station, as defined 
in section 397(6) of the Communications Act of 1934 (47 U.S.C. 
397(6)), or another entity that develops digital educational 
content, for the purpose of improving the quality of pre-
baccalaureate teacher preparation programs or to enhance the 
quality of preservice training for prospective teachers.
  [(h) Evaluation and Reporting.--The Secretary shall--
          [(1) evaluate the programs assisted under this 
        section; and
          [(2) make publicly available a report detailing the 
        Secretary's evaluation of each such program.
  [(i) Consultation.--
          [(1) In general.--Members of an eligible partnership 
        that receives a grant under this section shall engage 
        in regular consultation throughout the development and 
        implementation of programs and activities carried out 
        under this section.
          [(2) Regular communication.--To ensure timely and 
        meaningful consultation as described in paragraph (1), 
        regular communication shall occur among all members of 
        the eligible partnership, including the high-need local 
        educational agency. Such communication shall continue 
        throughout the implementation of the grant and the 
        assessment of programs and activities under this 
        section.
          [(3) Written consent.--The Secretary may approve 
        changes in grant activities of a grant under this 
        section only if the eligible partnership submits to the 
        Secretary a written consent to such changes signed by 
        all members of the eligible partnership.
  [(j) Construction.--Nothing in this section shall be 
construed to prohibit an eligible partnership from using grant 
funds to coordinate with the activities of eligible 
partnerships in other States or on a regional basis through 
Governors, State boards of education, State educational 
agencies, State agencies responsible for early childhood 
education, local educational agencies, or State agencies for 
higher education.
  [(k) Supplement, Not Supplant.--Funds made available under 
this section shall be used to supplement, and not supplant, 
other Federal, State, and local funds that would otherwise be 
expended to carry out activities under this section.

[SEC. 203. ADMINISTRATIVE PROVISIONS.

  [(a) Duration; Number of Awards; Payments.--
          [(1) Duration.--A grant awarded under this part shall 
        be awarded for a period of five years.
          [(2) Number of awards.--An eligible partnership may 
        not receive more than one grant during a five-year 
        period. Nothing in this title shall be construed to 
        prohibit an individual member, that can demonstrate 
        need, of an eligible partnership that receives a grant 
        under this title from entering into another eligible 
        partnership consisting of new members and receiving a 
        grant with such other eligible partnership before the 
        five-year period described in the preceding sentence 
        applicable to the eligible partnership with which the 
        individual member has first partnered has expired.
  [(b) Peer Review.--
          [(1) Panel.--The Secretary shall provide the 
        applications submitted under this part to a peer review 
        panel for evaluation. With respect to each application, 
        the peer review panel shall initially recommend the 
        application for funding or for disapproval.
          [(2) Priority.--The Secretary, in funding 
        applications under this part, shall give priority--
                  [(A) to eligible partnerships that include an 
                institution of higher education whose teacher 
                preparation program has a rigorous selection 
                process to ensure the highest quality of 
                students entering such program; and
                  [(B)(i) to applications from broad-based 
                eligible partnerships that involve businesses 
                and community organizations; or
                  [(ii) to eligible partnerships so that the 
                awards promote an equitable geographic 
                distribution of grants among rural and urban 
                areas.
          [(3) Secretarial selection.--The Secretary shall 
        determine, based on the peer review process, which 
        applications shall receive funding and the amounts of 
        the grants. In determining grant amounts, the Secretary 
        shall take into account the total amount of funds 
        available for all grants under this part and the types 
        of activities proposed to be carried out by the 
        eligible partnership.
  [(c) Matching Requirements.--
          [(1) In general.--Each eligible partnership receiving 
        a grant under this part shall provide, from non-Federal 
        sources, an amount equal to 100 percent of the amount 
        of the grant, which may be provided in cash or in-kind, 
        to carry out the activities supported by the grant.
          [(2) Waiver.--The Secretary may waive all or part of 
        the matching requirement described in paragraph (1) for 
        any fiscal year for an eligible partnership if the 
        Secretary determines that applying the matching 
        requirement to the eligible partnership would result in 
        serious hardship or an inability to carry out the 
        authorized activities described in this part.
  [(d) Limitation on Administrative Expenses.--An eligible 
partnership that receives a grant under this part may use not 
more than two percent of the funds provided to administer the 
grant.

[SEC. 204. ACCOUNTABILITY AND EVALUATION.

  [(a) Eligible Partnership Evaluation.--Each eligible 
partnership submitting an application for a grant under this 
part shall establish, and include in such application, an 
evaluation plan that includes strong and measurable performance 
objectives. The plan shall include objectives and measures for 
increasing--
          [(1) achievement for all prospective and new 
        teachers, as measured by the eligible partnership;
          [(2) teacher retention in the first three years of a 
        teacher's career;
          [(3) improvement in the pass rates and scaled scores 
        for initial State certification or licensure of 
        teachers; and
          [(4)(A) the percentage of highly qualified teachers 
        hired by the high-need local educational agency 
        participating in the eligible partnership;
          [(B) the percentage of highly qualified teachers 
        hired by the high-need local educational agency who are 
        members of underrepresented groups;
          [(C) the percentage of highly qualified teachers 
        hired by the high-need local educational agency who 
        teach high-need academic subject areas (such as 
        reading, mathematics, science, and foreign language, 
        including less commonly taught languages and critical 
        foreign languages);
          [(D) the percentage of highly qualified teachers 
        hired by the high-need local educational agency who 
        teach in high-need areas (including special education, 
        language instruction educational programs for limited 
        English proficient students, and early childhood 
        education);
          [(E) the percentage of highly qualified teachers 
        hired by the high-need local educational agency who 
        teach in high-need schools, disaggregated by the 
        elementary school and secondary school levels;
          [(F) as applicable, the percentage of early childhood 
        education program classes in the geographic area served 
        by the eligible partnership taught by early childhood 
        educators who are highly competent; and
          [(G) as applicable, the percentage of teachers 
        trained--
                  [(i) to integrate technology effectively into 
                curricula and instruction, including technology 
                consistent with the principles of universal 
                design for learning; and
                  [(ii) to use technology effectively to 
                collect, manage, and analyze data to improve 
                teaching and learning for the purpose of 
                improving student academic achievement.
  [(b) Information.--An eligible partnership receiving a grant 
under this part shall ensure that teachers, principals, school 
superintendents, faculty, and leadership at institutions of 
higher education located in the geographic areas served by the 
eligible partnership are provided information, including 
through electronic means, about the activities carried out with 
funds under this part.
  [(c) Revised Application.--If the Secretary determines that 
an eligible partnership receiving a grant under this part is 
not making substantial progress in meeting the purposes, goals, 
objectives, and measures of the grant, as appropriate, by the 
end of the third year of a grant under this part, then the 
Secretary--
          [(1) shall cancel the grant; and
          [(2) may use any funds returned or available because 
        of such cancellation under paragraph (1) to--
                  [(A) increase other grant awards under this 
                part; or
                  [(B) award new grants to other eligible 
                partnerships under this part.
  [(d) Evaluation and Dissemination.--The Secretary shall 
evaluate the activities funded under this part and report the 
findings regarding the evaluation of such activities to the 
authorizing committees. The Secretary shall broadly 
disseminate--
          [(1) successful practices developed by eligible 
        partnerships under this part; and
          [(2) information regarding such practices that were 
        found to be ineffective.]

           *       *       *       *       *       *       *

                              ----------                              

                      TITLE 10, UNITED STATES CODE

SUBTITLE A--General Military Law

           *       *       *       *       *       *       *

PART II--PERSONNEL

           *       *       *       *       *       *       *

   CHAPTER 58--BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR 
                           RECENTLY SEPARATED

Sec.
1141. Involuntary separation defined.
     * * * * * * *
1154. Assistance to eligible members to obtain employment as teachers: 
          Troops-to-Teachers Program.

           *       *       *       *       *       *       *

Sec. 1142. Preseparation counseling; transmittal of medical records to 
                    department of veterans affairs

  (a) * * *
  (b) Matters To Be Covered By Counseling.--Counseling under 
this section shall include the following:
          (1) * * *

           *       *       *       *       *       *       *

          (4) Provision of information on civilian occupations 
        and related assistance programs, including information 
        concerning--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Government and private-sector programs 
                for job search and job placement assistance, 
                including the public and community service jobs 
                program carried out under section 1143a of this 
                title, and information regarding the placement 
                programs established [under sections 1152 and 
                1153 of this title and the Troops-to-Teachers 
                Program under section 2302 of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 
                6672)] under sections 1152, 1153, and 1154 of 
                this title.

           *       *       *       *       *       *       *

Sec. 1154. Assistance to eligible members to obtain employment as 
                    teachers: troops-to-teachers program

  (a) Definitions.--In this section:
          (1) Program.--The term ``Program'' means the Troops-
        to-Teachers Program authorized by this section.
          (2) Charter school.--The term ``charter school'' has 
        the meaning given that term in section 5101 of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7221i).
          (3) Member of the armed forces.--The term ``member of 
        the Armed Forces'' includes a former member of the 
        Armed Forces.
          (4) Additional terms.--The terms ``elementary 
        school'', ``local educational agency'', ``secondary 
        school'', and ``State'' have the meanings given those 
        terms in section 5101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
  (b) Program Authorization.--The Secretary of Defense (in this 
section referred to as the ``Secretary'') may carry out a 
program (to be known as the ``Troops-to-Teachers Program'')--
          (1) to assist eligible members of the armed forces 
        described in subsection (c) to obtain certification or 
        licensing as elementary school teachers, secondary 
        school teachers, or career or technical teachers; and
          (2) to facilitate the employment of such members--
                  (A) by local educational agencies or public 
                charter schools that the Secretary of Education 
                identifies as--
                          (i) receiving grants under subpart 1 
                        of part A of title I of the Elementary 
                        and Secondary Education Act of 1965 (20 
                        U.S.C. 6311 et seq.) as a result of 
                        having within their jurisdictions 
                        concentrations of children from low-
                        income families; or
                          (ii) experiencing a shortage of 
                        effective teachers, in particular a 
                        shortage of science, mathematics, 
                        special education, or career or 
                        technical teachers; and
                  (B) in elementary schools or secondary 
                schools, or as career or technical teachers.
  (c) Eligibility and Application Process.--
          (1) Eligible members.--The following members of the 
        armed forces are eligible for selection to participate 
        in the Program:
                  (A) Any member who--
                          (i) on or after October 1, 1999, 
                        becomes entitled to retired or retainer 
                        pay under this title or title 14;
                          (ii) has an approved date of 
                        retirement that is within one year 
                        after the date on which the member 
                        submits an application to participate 
                        in the Program; or
                          (iii) transfers to the Retired 
                        Reserve.
                  (B) Any member who, on or after January 8, 
                2002--
                          (i)(I) is separated or released from 
                        active duty after 6 or more years of 
                        continuous active duty immediately 
                        before the separation or release; or
                                  (II) has completed a total of 
                                at least ten years of active 
                                duty service, 10 years of 
                                service computed under section 
                                12732 of this title, or 10 
                                years of any combination of 
                                such service; and
                          (ii) executes a reserve commitment 
                        agreement for a period of not less than 
                        3 years under paragraph (5)(B).
                  (C) Any member who, on or after January 8, 
                2002, is retired or separated for physical 
                disability under chapter 61 of this title.
          (2) Submittal of applications.--(A) Selection of 
        eligible members of the armed forces to participate in 
        the Program shall be made on the basis of applications 
        submitted to the Secretary. An application shall be in 
        such form as the Secretary may require.
          (B) An application may be considered to be submitted 
        on a timely basis under subparagraph (A)(i), (B), or 
        (C) of paragraph (1) if the application is submitted 
        not later than 4 years after the date on which the 
        member is retired or separated or released from active 
        duty, whichever applies to the member.
          (3) Selection criteria; educational background 
        requirements and honorable service requirement.--(A) 
        Subject to subparagraphs (B) and (C), the Secretary 
        shall prescribe the criteria to be used to select 
        eligible members of the armed forces to participate in 
        the Program.
          (B)(i) If a member of the armed forces is applying 
        for assistance for placement as an elementary school or 
        secondary school teacher, the Secretary shall require 
        the member to have received a baccalaureate or advanced 
        degree from an accredited institution of higher 
        education.
          (ii) If a member of the armed forces is applying for 
        assistance for placement as a career or technical 
        teacher, the Secretary shall require the member--
                  (I) to have received the equivalent of one 
                year of college from an accredited institution 
                of higher education or the equivalent in 
                military education and training as certified by 
                the Department of Defense; or
                  (II) to otherwise meet the certification or 
                licensing requirements for a career or 
                technical teacher in the State in which the 
                member seeks assistance for placement under the 
                Program.
          (iii) A member of the armed forces is eligible to 
        participate in the Program only if the member's last 
        period of service in the armed forces was honorable, as 
        characterized by the Secretary concerned. A member 
        selected to participate in the Program before the 
        retirement of the member or the separation or release 
        of the member from active duty may continue to 
        participate in the Program after the retirement, 
        separation, or release only if the member's last period 
        of service is characterized as honorable by the 
        Secretary concerned.
          (4) Selection priorities.--In selecting eligible 
        members of the armed forces to receive assistance under 
        the Program, the Secretary shall give priority to 
        members who--
                  (A) have educational or military experience 
                in science, mathematics, special education, or 
                career and technical subjects; and
                  (B) agree to seek employment as science, 
                mathematics, or special education teachers in 
                elementary schools or secondary schools or in 
                other schools under the jurisdiction of a local 
                educational agency.
          (5) Other conditions on selection.--(A) The Secretary 
        may not select an eligible member of the armed forces 
        to participate in the Program and receive financial 
        assistance unless the Secretary has sufficient 
        appropriations for the Program available at the time of 
        the selection to satisfy the obligations to be incurred 
        by the United States under subsection (d) with respect 
        to the member.
          (B) The Secretary may not select an eligible member 
        of the armed forces described in paragraph (1)(B)(i) to 
        participate in the Program under this section and 
        receive financial assistance under subsection (d) 
        unless the member executes a written agreement to serve 
        as a member of the Selected Reserve of a reserve 
        component of the armed forces for a period of not less 
        than 3 years (in addition to any other reserve 
        commitment the member may have).
  (d) Participation Agreement and Financial Assistance.--
          (1) Participation agreement.--(A) An eligible member 
        of the armed forces selected to participate in the 
        Program under subsection (c) and receive financial 
        assistance under this subsection shall be required to 
        enter into an agreement with the Secretary in which the 
        member agrees--
                  (i) within such time as the Secretary may 
                require, to obtain certification or licensing 
                as an elementary school teacher, secondary 
                school teacher, or career and technical 
                teacher; and
                  (ii) to accept an offer of full-time 
                employment beginning the school year after 
                obtaining such certification or licensing as an 
                elementary school teacher, secondary school 
                teacher, or career and technical teacher for 
                not less than three school years with a local 
                educational agency receiving grants under 
                subpart 1 of part A of title I of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C.6311 et seq.) or a public charter 
                school.
          (B) The Secretary may waive the three-year commitment 
        described in subparagraph (A)(ii) for a participant if 
        the Secretary determines the waiver to be appropriate. 
        If the Secretary provides the waiver, the participant 
        shall not be considered to be in violation of the 
        agreement and shall not be required to provide 
        reimbursement under subsection (e), for failure to meet 
        the three-year commitment.
          (2) Violation of participation agreement; 
        exceptions.--A participant in the Program shall not be 
        considered to be in violation of the participation 
        agreement entered into under paragraph (1) during any 
        period in which the participant--
                  (A) is pursuing a full-time course of study 
                related to the field of teaching at an 
                institution of higher education;
                  (B) is serving on active duty as a member of 
                the armed forces;
                  (C) is temporarily totally disabled for a 
                period of time not to exceed 3 years as 
                established by sworn affidavit of a qualified 
                physician;
                  (D) is unable to secure employment for a 
                period not to exceed 12 months by reason of the 
                care required by a spouse who is disabled;
                  (E) is an effective teacher who is seeking 
                and unable to find full-time employment as a 
                teacher in an elementary school or secondary 
                school or as a career and technical teacher for 
                a single period not to exceed 27 months; or
                  (F) satisfies such other criteria as may be 
                prescribed by the Secretary.
          (3) Stipend for participants.--(A) Subject to 
        subparagraph (B), the Secretary may pay to a 
        participant in the Program selected under this section 
        a stipend in an amount of not more than $5,000.
          (B) The total number of stipends that may be paid 
        under subparagraph (A) in any fiscal year may not 
        exceed 5,000.
          (4) Bonus for participants.--(A) Subject to 
        subparagraph (B), the Secretary may, in lieu of paying 
        a stipend under paragraph (3), pay a bonus of $10,000 
        to a participant in the Program selected under this 
        section who agrees in the participation agreement under 
        paragraph (1) to accept full-time employment as an 
        elementary school teacher, secondary school teacher, or 
        career and technical teacher for not less than 3 school 
        years in a high-need school.
          (B) The total number of bonuses that may be paid 
        under subparagraph (A) in any fiscal year may not 
        exceed 3,000.
          (C) For purposes of subparagraph (A), the term 
        ``high-need school'' means a public elementary school, 
        public secondary school, or public charter school that 
        meets one or more of the following criteria:
                  (i) At least 50 percent of the students 
                enrolled in the school were from low-income 
                families (as described in subsection 
                (b)(2)(A)(i)).
                  (ii) The school has a large percentage of 
                students who qualify for assistance under part 
                B of the Individuals with Disabilities 
                Education Act (20 U.S.C. 1411 et seq.).
          (5) Treatment of stipend and bonus.--A stipend or 
        bonus paid under this subsection to a participant in 
        the Program shall be taken into account in determining 
        the eligibility of the participant for Federal student 
        financial assistance provided under title IV of the 
        Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
  (e) Reimbursement Under Certain Circumstances.--
          (1) Reimbursement required.--A participant in the 
        Program who is paid a stipend or bonus under subsection 
        (d) shall be required to repay the stipend or bonus 
        under the following circumstances:
                  (A) The participant fails to obtain teacher 
                certification or licensing or to obtain 
                employment as an elementary school teacher, 
                secondary school teacher, or career and 
                technical teacher as required by the 
                participation agreement under subsection 
                (d)(1).
                  (B) The participant voluntarily leaves, or is 
                terminated for cause from, employment as an 
                elementary school teacher, secondary school 
                teacher, or career and technical teacher during 
                the 3 years of required service in violation of 
                the participation agreement.
                  (C) The participant executed a written 
                agreement with the Secretary concerned under 
                subsection (c)(5)(B) to serve as a member of a 
                reserve component of the armed forces for a 
                period of 3 years and fails to complete the 
                required term of service.
          (2) Amount of reimbursement.--A participant required 
        to reimburse the Secretary for a stipend or bonus paid 
        to the participant under subsection (d) shall pay an 
        amount that bears the same ratio to the amount of the 
        stipend or bonus as the unserved portion of required 
        service bears to the three years of required service. 
        Any amount owed by the participant shall bear interest 
        at the rate equal to the highest rate being paid by the 
        United States on the day on which the reimbursement is 
        determined to be due for securities having maturities 
        of 90 days or less and shall accrue from the day on 
        which the participant is first notified of the amount 
        due.
          (3) Treatment of obligation.--The obligation to 
        reimburse the Secretary under this subsection is, for 
        all purposes, a debt owing the United States. A 
        discharge in bankruptcy under title 11 shall not 
        release a participant from the obligation to reimburse 
        the Secretary under this subsection.
          (4) Exceptions to reimbursement requirement.--A 
        participant shall be excused from reimbursement under 
        this subsection if the participant becomes permanently 
        totally disabled as established by sworn affidavit of a 
        qualified physician. The Secretary may also waive the 
        reimbursement in cases of extreme hardship to the 
        participant, as determined by the Secretary.
  (f) Relationship to Educational Assistance Under Montgomery 
GI Bill.--The receipt by a participant in the Program of a 
stipend or bonus under this subsection (d) shall not reduce or 
otherwise affect the entitlement of the participant to any 
benefits under chapter 30 or 33 of title 38 or chapter 1606 of 
this title.
  (g) Participation by States.--
          (1) Discharge of state activities through consortia 
        of states.--The Secretary may permit States 
        participating in the Program to carry out activities 
        authorized for such States under the Program through 
        one or more consortia of such States.
          (2) Assistance to states.--(A) Subject to 
        subparagraph (B), the Secretary may make grants to 
        States participating in the Program, or to consortia of 
        such States, in order to permit such States or 
        consortia of States to operate offices for purposes of 
        recruiting eligible members of the armed forces for 
        participation in the Program and facilitating the 
        employment of participants in the Program as elementary 
        school teachers, secondary school teachers, and career 
        and technical teachers.
          (B) The total amount of grants made under 
        subparagraph (A) in any fiscal year may not exceed 
        $5,000,000.
  (h) Counseling and Referral Services.--The Secretary may 
provide counseling and referral services to members of the 
Armed Forces who meet the criteria described in subsection (c), 
including those members who are not eligible for assistance 
under paragraphs (3) and (4) of subsection (d).

           *       *       *       *       *       *       *

                              ----------                              

MCKINNEY-VENTO HOMELESS ASSISTANCE ACT

           *       *       *       *       *       *       *

TITLE VII--EDUCATION, TRAINING, AND COMMUNITY SERVICES PROGRAMS

           *       *       *       *       *       *       *

         Subtitle B--Education for Homeless Children and Youths

SEC. 721. STATEMENT OF POLICY.

  The following is the policy of the Congress:
          (1) * * *
          [(2) In any State that has a compulsory residency 
        requirement as a component of the State's compulsory 
        school attendance laws or other laws, regulations, 
        practices, or policies that may act as a barrier to the 
        enrollment, attendance, or success in school of 
        homeless children and youths, the State will review and 
        undertake steps to revise such laws, regulations, 
        practices, or policies to ensure that homeless children 
        and youths are afforded the same free, appropriate 
        public education as provided to other children and 
        youths.]
          (2) In any State where compulsory residency 
        requirements or other requirements, laws, regulations, 
        practices, or policies may act as a barrier to the 
        identification, enrollment, attendance, or success in 
        school of homeless children and youths, the State and 
        local educational agencies will review and undertake 
        steps to revise such laws, regulations, practices, or 
        policies to ensure that homeless children and youths 
        are afforded the same free, appropriate public 
        education as is provided to other children and youths.
          (3) Homelessness [alone] is not sufficient reason to 
        separate students from the mainstream school 
        environment.
          (4) Homeless children and youths should have access 
        to the education and other services that such children 
        and youths need to ensure that such children and youths 
        have an opportunity to meet the same [challenging State 
        student academic achievement] State academic standards 
        to which all students are held.

           *       *       *       *       *       *       *

SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF 
                    HOMELESS CHILDREN AND YOUTHS.

  (a) General Authority.--The Secretary is authorized to make 
grants to States in accordance with the provisions of this 
section to enable such States to carry out the activities 
described in subsections (d) through [(g).] (h).
  [(b) Application.--No State may receive a grant under this 
section unless the State educational agency submits an 
application to the Secretary at such time, in such manner, and 
containing or accompanied by such information as the Secretary 
may reasonably require.]
  (c) Allocation and Reservations.--
          (1) Allocation.--(A) Subject to subparagraph (B), the 
        Secretary is authorized to allot to each State an 
        amount that bears the same ratio to the amount 
        appropriated for such year under section 726 that 
        remains after the Secretary reserves funds under 
        paragraph (2) and uses funds to carry out section 
        724(d) and (h), as the amount allocated under section 
        1122 of the Elementary and Secondary Education Act of 
        1965 to the State for that year bears to the total 
        amount allocated under section 1122 of such Act to all 
        States for that year, except that no State shall 
        receive less than the greater of--
                  (i) $150,000; or
                  (ii) one-fourth of 1 percent of the amount 
                appropriated under section 726 for that year[; 
                or].
                  [(iii) the amount such State received under 
                this section for fiscal year 2001.]

           *       *       *       *       *       *       *

          [(3) State defined.--For purposes of this subsection, 
        the term ``State'' does not include the United States 
        Virgin Islands, Guam, American Samoa, or the 
        Commonwealth of the Northern Mariana Islands.]
  (d) Activities.--[Grants] Grant funds from a grant made to a 
State under this section shall be used for the following:
          (1) * * *
          [(2) To provide activities for, and services to, 
        homeless children, including preschool-aged homeless 
        children, and youths that enable such children and 
        youths to enroll in, attend, and succeed in school, or, 
        if appropriate, in preschool programs.]
          (2) To provide services and activities to improve the 
        identification of homeless children (including 
        preschool-aged homeless children and youths) that 
        enable such children and youths to enroll in, attend, 
        and succeed in school, or, if appropriate, in preschool 
        programs.
          (3) To establish or designate an Office of 
        Coordinator for Education of Homeless Children and 
        Youths in the State educational agency in accordance 
        with subsection (f) that can sufficiently carry out the 
        duties described in this subtitle.

           *       *       *       *       *       *       *

          [(5) To develop and implement professional 
        development programs for school personnel to heighten 
        their awareness of, and capacity to respond to, 
        specific problems in the education of homeless children 
        and youths.]
          (5) To develop and implement professional development 
        programs for liaisons designated under subsection 
        (g)(1)(J)(ii) and other local educational agency 
        personnel--
                  (A) to improve their identification of 
                homeless children and youths; and
                  (B) to heighten their awareness of, and 
                capacity to respond to, specific needs in the 
                education of homeless children and youths.
  (e) State and Local Subgrants.--
          (1) Minimum disbursements by states.--From the [sums] 
        grant funds made available each year to a State under 
        subsection (a) to carry out this subtitle, the State 
        educational agency shall distribute not less than 75 
        percent in subgrants to local educational agencies for 
        the purposes of carrying out section 723, except that 
        States funded at the minimum level set forth in 
        subsection (c)(1) shall distribute not less than 50 
        percent in subgrants to local educational agencies for 
        the purposes of carrying out section 723.
          (2) Use by state educational agency.--A State 
        educational agency may use [funds made available for 
        State use under this subtitle] the grant funds 
        remaining after the State educational agency 
        distributes subgrants under paragraph (1) to conduct 
        activities under subsection (f) directly or through 
        grants or contracts.
          (3) Prohibition on segregating homeless students.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) School requirements.--For the State to be 
                eligible under subparagraph (B) to receive 
                funds under this subtitle, the school described 
                in such subparagraph shall--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iv) demonstrate in the school's 
                        application for funds under this 
                        subtitle that such school--
                                  (I) * * *
                                  (II) is meeting (as of the 
                                date of submission of the 
                                application) the same Federal 
                                and State standards, 
                                regulations, and mandates as 
                                other public schools in the 
                                State (such as complying with 
                                [sections 1111 and 1116] 
                                section 1111 of the Elementary 
                                and Secondary Education Act of 
                                1965 and providing a full range 
                                of education and related 
                                services, including services 
                                applicable to students with 
                                disabilities).

           *       *       *       *       *       *       *

                  (F) Report.--
                          (i) Preparation.--The Secretary shall 
                        prepare [a report] an annual report on 
                        the separate schools and local 
                        educational agencies described in 
                        subparagraph (B) that receive funds 
                        under this subtitle in accordance with 
                        this paragraph. The report shall 
                        contain, at a minimum, information on--
                                  (I) * * *
                                  (II) barriers to school 
                                access in the school districts 
                                served by the local educational 
                                agencies; [and]
                                  (III) the progress the 
                                separate schools are making in 
                                integrating homeless children 
                                and youths into the mainstream 
                                school environment, including 
                                the average length of student 
                                enrollment in such schools[.]; 
                                and
                                  (IV) the progress the 
                                separate schools are making in 
                                helping all students meet the 
                                State academic standards.

           *       *       *       *       *       *       *

                          (iii) Submission.--[Not later than 2 
                        years after the date of enactment of 
                        the McKinney-Vento Homeless Education 
                        Assistance Improvements Act of 2001, 
                        the] The Secretary shall submit the 
                        report described in clause (i) to--
                                  (I) * * *

           *       *       *       *       *       *       *

  [(f) Functions of the Office of Coordinator.--The Coordinator 
for Education of Homeless Children and Youths established in 
each State shall--
          [(1) gather reliable, valid, and comprehensive 
        information on the nature and extent of the problems 
        homeless children and youths have in gaining access to 
        public preschool programs and to public elementary 
        schools and secondary schools, the difficulties in 
        identifying the special needs of such children and 
        youths, any progress made by the State educational 
        agency and local educational agencies in the State in 
        addressing such problems and difficulties, and the 
        success of the programs under this subtitle in allowing 
        homeless children and youths to enroll in, attend, and 
        succeed in, school;
          [(2) develop and carry out the State plan described 
        in subsection (g);
          [(3) collect and transmit to the Secretary, at such 
        time and in such manner as the Secretary may require, a 
        report containing such information as the Secretary 
        determines is necessary to assess the educational needs 
        of homeless children and youths within the State;
          [(4) facilitate coordination between the State 
        educational agency, the State social services agency, 
        and other agencies (including agencies providing mental 
        health services) to provide services to homeless 
        children, including preschool-aged homeless children, 
        and youths, and to families of such children and 
        youths;
          [(5) in order to improve the provision of 
        comprehensive education and related services to 
        homeless children and youths and their families, 
        coordinate and collaborate with--
                  [(A) educators, including child development 
                and preschool program personnel;
                  [(B) providers of services to homeless and 
                runaway children and youths and homeless 
                families (including domestic violence agencies, 
                shelter operators, transitional housing 
                facilities, runaway and homeless youth centers, 
                and transitional living programs for homeless 
                youths);
                  [(C) local educational agency liaisons 
                designated under subsection (g)(1)(J)(ii) for 
                homeless children and youths; and
                  [(D) community organizations and groups 
                representing homeless children and youths and 
                their families; and
          [(6) provide technical assistance to local 
        educational agencies in coordination with local 
        educational agency liaisons designated under subsection 
        (g)(1)(J)(ii), to ensure that local educational 
        agencies comply with the requirements of section 
        722(e)(3) and paragraphs (3) through (7) of subsection 
        (g).
  [(g) State Plan.--
          [(1) In general.--Each State shall submit to the 
        Secretary a plan to provide for the education of 
        homeless children and youths within the State. Such 
        plan shall include the following:
                  [(A) A description of how such children and 
                youths are (or will be) given the opportunity 
                to meet the same challenging State academic 
                achievement standards all students are expected 
                to meet.
                  [(B) A description of the procedures the 
                State educational agency will use to identify 
                such children and youths in the State and to 
                assess their special needs.
                  [(C) A description of procedures for the 
                prompt resolution of disputes regarding the 
                educational placement of homeless children and 
                youths.
                  [(D) A description of programs for school 
                personnel (including principals, attendance 
                officers, teachers, enrollment personnel, and 
                pupil services personnel) to heighten the 
                awareness of such personnel of the specific 
                needs of runaway and homeless youths.
                  [(E) A description of procedures that ensure 
                that homeless children and youths who meet the 
                relevant eligibility criteria are able to 
                participate in Federal, State, or local food 
                programs.
                  [(F) A description of procedures that ensure 
                that--
                          [(i) homeless children have equal 
                        access to the same public preschool 
                        programs, administered by the State 
                        agency, as provided to other children 
                        in the State;
                          [(ii) homeless youths and youths 
                        separated from the public schools are 
                        identified and accorded equal access to 
                        appropriate secondary education and 
                        support services; and
                          [(iii) homeless children and youths 
                        who meet the relevant eligibility 
                        criteria are able to participate in 
                        Federal, State, or local before- and 
                        after-school care programs.
                  [(G) Strategies to address problems 
                identified in the report provided to the 
                Secretary under subsection (f)(3).
                  [(H) Strategies to address other problems 
                with respect to the education of homeless 
                children and youths, including problems 
                resulting from enrollment delays that are 
                caused by--
                          [(i) immunization and medical records 
                        requirements;
                          [(ii) residency requirements;
                          [(iii) lack of birth certificates, 
                        school records, or other documentation;
                          [(iv) guardianship issues; or
                          [(v) uniform or dress code 
                        requirements.
                  [(I) A demonstration that the State 
                educational agency and local educational 
                agencies in the State have developed, and shall 
                review and revise, policies to remove barriers 
                to the enrollment and retention of homeless 
                children and youths in schools in the State.
                  [(J) Assurances that--
                          [(i) the State educational agency and 
                        local educational agencies in the State 
                        will adopt policies and practices to 
                        ensure that homeless children and 
                        youths are not stigmatized or 
                        segregated on the basis of their status 
                        as homeless;
                          [(ii) local educational agencies will 
                        designate an appropriate staff person, 
                        who may also be a coordinator for other 
                        Federal programs, as a local 
                        educational agency liaison for homeless 
                        children and youths, to carry out the 
                        duties described in paragraph (6)(A); 
                        and
                          [(iii) the State and its local 
                        educational agencies will adopt 
                        policies and practices to ensure that 
                        transportation is provided, at the 
                        request of the parent or guardian (or 
                        in the case of an unaccompanied youth, 
                        the liaison), to and from the school of 
                        origin, as determined in paragraph 
                        (3)(A), in accordance with the 
                        following, as applicable:
                                  [(I) If the homeless child or 
                                youth continues to live in the 
                                area served by the local 
                                educational agency in which the 
                                school of origin is located, 
                                the child's or youth's 
                                transportation to and from the 
                                school of origin shall be 
                                provided or arranged by the 
                                local educational agency in 
                                which the school of origin is 
                                located.
                                  [(II) If the homeless child's 
                                or youth's living arrangements 
                                in the area served by the local 
                                educational agency of origin 
                                terminate and the child or 
                                youth, though continuing his or 
                                her education in the school of 
                                origin, begins living in an 
                                area served by another local 
                                educational agency, the local 
                                educational agency of origin 
                                and the local educational 
                                agency in which the homeless 
                                child or youth is living shall 
                                agree upon a method to 
                                apportion the responsibility 
                                and costs for providing the 
                                child with transportation to 
                                and from the school of origin. 
                                If the local educational 
                                agencies are unable to agree 
                                upon such method, the 
                                responsibility and costs for 
                                transportation shall be shared 
                                equally.
          [(2) Compliance.--
                  [(A) In general.--Each plan adopted under 
                this subsection shall also describe how the 
                State will ensure that local educational 
                agencies in the State will comply with the 
                requirements of paragraphs (3) through (7).
                  [(B) Coordination.--Such plan shall indicate 
                what technical assistance the State will 
                furnish to local educational agencies and how 
                compliance efforts will be coordinated with the 
                local educational agency liaisons designated 
                under paragraph (1)(J)(ii).
          [(3) Local educational agency requirements.--
                  [(A) In general.--The local educational 
                agency serving each child or youth to be 
                assisted under this subtitle shall, according 
                to the child's or youth's best interest--
                          [(i) continue the child's or youth's 
                        education in the school of origin for 
                        the duration of homelessness--
                                  [(I) in any case in which a 
                                family becomes homeless between 
                                academic years or during an 
                                academic year; or
                                  [(II) for the remainder of 
                                the academic year, if the child 
                                or youth becomes permanently 
                                housed during an academic year; 
                                or
                          [(ii) enroll the child or youth in 
                        any public school that nonhomeless 
                        students who live in the attendance 
                        area in which the child or youth is 
                        actually living are eligible to attend.
                  [(B) Best interest.--In determining the best 
                interest of the child or youth under 
                subparagraph (A), the local educational agency 
                shall--
                          [(i) to the extent feasible, keep a 
                        homeless child or youth in the school 
                        of origin, except when doing so is 
                        contrary to the wishes of the child's 
                        or youth's parent or guardian;
                          [(ii) provide a written explanation, 
                        including a statement regarding the 
                        right to appeal under subparagraph (E), 
                        to the homeless child's or youth's 
                        parent or guardian, if the local 
                        educational agency sends such child or 
                        youth to a school other than the school 
                        of origin or a school requested by the 
                        parent or guardian; and
                          [(iii) in the case of an 
                        unaccompanied youth, ensure that the 
                        homeless liaison designated under 
                        paragraph (1)(J)(ii) assists in 
                        placement or enrollment decisions under 
                        this subparagraph, considers the views 
                        of such unaccompanied youth, and 
                        provides notice to such youth of the 
                        right to appeal under subparagraph (E).
                  [(C) Enrollment.--(i) The school selected in 
                accordance with this paragraph shall 
                immediately enroll the homeless child or youth, 
                even if the child or youth is unable to produce 
                records normally required for enrollment, such 
                as previous academic records, medical records, 
                proof of residency, or other documentation.
                  [(ii) The enrolling school shall immediately 
                contact the school last attended by the child 
                or youth to obtain relevant academic and other 
                records.
                  [(iii) If the child or youth needs to obtain 
                immunizations, or immunization or medical 
                records, the enrolling school shall immediately 
                refer the parent or guardian of the child or 
                youth to the local educational agency liaison 
                designated under paragraph (1)(J)(ii), who 
                shall assist in obtaining necessary 
                immunizations, or immunization or medical 
                records, in accordance with subparagraph (D).
                  [(D) Records.--Any record ordinarily kept by 
                the school, including immunization or medical 
                records, academic records, birth certificates, 
                guardianship records, and evaluations for 
                special services or programs, regarding each 
                homeless child or youth shall be maintained--
                          [(i) so that the records are 
                        available, in a timely fashion, when a 
                        child or youth enters a new school or 
                        school district; and
                          [(ii) in a manner consistent with 
                        section 444 of the General Education 
                        Provisions Act (20 U.S.C. 1232g).
                  [(E) Enrollment disputes.--If a dispute 
                arises over school selection or enrollment in a 
                school--
                          [(i) the child or youth shall be 
                        immediately admitted to the school in 
                        which enrollment is sought, pending 
                        resolution of the dispute;
                          [(ii) the parent or guardian of the 
                        child or youth shall be provided with a 
                        written explanation of the school's 
                        decision regarding school selection or 
                        enrollment, including the rights of the 
                        parent, guardian, or youth to appeal 
                        the decision;
                          [(iii) the child, youth, parent, or 
                        guardian shall be referred to the local 
                        educational agency liaison designated 
                        under paragraph (1)(J)(ii), who shall 
                        carry out the dispute resolution 
                        process as described in paragraph 
                        (1)(C) as expeditiously as possible 
                        after receiving notice of the dispute; 
                        and
                          [(iv) in the case of an unaccompanied 
                        youth, the homeless liaison shall 
                        ensure that the youth is immediately 
                        enrolled in school pending resolution 
                        of the dispute.
                  [(F) Placement choice.--The choice regarding 
                placement shall be made regardless of whether 
                the child or youth lives with the homeless 
                parents or has been temporarily placed 
                elsewhere.
                  [(G) School of origin defined.--In this 
                paragraph, the term ``school of origin'' means 
                the school that the child or youth attended 
                when permanently housed or the school in which 
                the child or youth was last enrolled.
                  [(H) Contact information.--Nothing in this 
                subtitle shall prohibit a local educational 
                agency from requiring a parent or guardian of a 
                homeless child to submit contact information.
          [(4) Comparable services.--Each homeless child or 
        youth to be assisted under this subtitle shall be 
        provided services comparable to services offered to 
        other students in the school selected under paragraph 
        (3), including the following:
                  [(A) Transportation services.
                  [(B) Educational services for which the child 
                or youth meets the eligibility criteria, such 
                as services provided under title I of the 
                Elementary and Secondary Education Act of 1965 
                or similar State or local programs, educational 
                programs for children with disabilities, and 
                educational programs for students with limited 
                English proficiency.
                  [(C) Programs in vocational and technical 
                education.
                  [(D) Programs for gifted and talented 
                students.
                  [(E) School nutrition programs.
          [(5) Coordination.--
                  [(A) In general.--Each local educational 
                agency serving homeless children and youths 
                that receives assistance under this subtitle 
                shall coordinate--
                          [(i) the provision of services under 
                        this subtitle with local social 
                        services agencies and other agencies or 
                        programs providing services to homeless 
                        children and youths and their families, 
                        including services and programs funded 
                        under the Runaway and Homeless Youth 
                        Act (42 U.S.C. 5701 et seq.); and
                          [(ii) with other local educational 
                        agencies on interdistrict issues, such 
                        as transportation or transfer of school 
                        records.
                  [(B) Housing assistance.--If applicable, each 
                State educational agency and local educational 
                agency that receives assistance under this 
                subtitle shall coordinate with State and local 
                housing agencies responsible for developing the 
                comprehensive housing affordability strategy 
                described in section 105 of the Cranston-
                Gonzalez National Affordable Housing Act (42 
                U.S.C. 12705) to minimize educational 
                disruption for children and youths who become 
                homeless.
                  [(C) Coordination purpose.--The coordination 
                required under subparagraphs (A) and (B) shall 
                be designed to--
                          [(i) ensure that homeless children 
                        and youths have access and reasonable 
                        proximity to available education and 
                        related support services; and
                          [(ii) raise the awareness of school 
                        personnel and service providers of the 
                        effects of short-term stays in a 
                        shelter and other challenges associated 
                        with homelessness.
          [(6) Local educational agency liaison.--
                  [(A) Duties.--Each local educational agency 
                liaison for homeless children and youths, 
                designated under paragraph (1)(J)(ii), shall 
                ensure that--
                          [(i) homeless children and youths are 
                        identified by school personnel and 
                        through coordination activities with 
                        other entities and agencies;
                          [(ii) homeless children and youths 
                        enroll in, and have a full and equal 
                        opportunity to succeed in, schools of 
                        that local educational agency;
                          [(iii) homeless families, children, 
                        and youths receive educational services 
                        for which such families, children, and 
                        youths are eligible, including Head 
                        Start and Even Start programs and 
                        preschool programs administered by the 
                        local educational agency, and referrals 
                        to health care services, dental 
                        services, mental health services, and 
                        other appropriate services;
                          [(iv) the parents or guardians of 
                        homeless children and youths are 
                        informed of the educational and related 
                        opportunities available to their 
                        children and are provided with 
                        meaningful opportunities to participate 
                        in the education of their children;
                          [(v) public notice of the educational 
                        rights of homeless children and youths 
                        is disseminated where such children and 
                        youths receive services under this Act, 
                        such as schools, family shelters, and 
                        soup kitchens;
                          [(vi) enrollment disputes are 
                        mediated in accordance with paragraph 
                        (3)(E); and
                          [(vii) the parent or guardian of a 
                        homeless child or youth, and any 
                        unaccompanied youth, is fully informed 
                        of all transportation services, 
                        including transportation to the school 
                        of origin, as described in paragraph 
                        (1)(J)(iii), and is assisted in 
                        accessing transportation to the school 
                        that is selected under paragraph 
                        (3)(A).
                  [(B) Notice.--State coordinators established 
                under subsection (d)(3) and local educational 
                agencies shall inform school personnel, service 
                providers, and advocates working with homeless 
                families of the duties of the local educational 
                agency liaisons.
                  [(C) Local and state coordination.--Local 
                educational agency liaisons for homeless 
                children and youths shall, as a part of their 
                duties, coordinate and collaborate with State 
                coordinators and community and school personnel 
                responsible for the provision of education and 
                related services to homeless children and 
                youths.
          [(7) Review and revisions.--
                  [(A) In general.--Each State educational 
                agency and local educational agency that 
                receives assistance under this subtitle shall 
                review and revise any policies that may act as 
                barriers to the enrollment of homeless children 
                and youths in schools that are selected under 
                paragraph (3).
                  [(B) Consideration.--In reviewing and 
                revising such policies, consideration shall be 
                given to issues concerning transportation, 
                immunization, residency, birth certificates, 
                school records and other documentation, and 
                guardianship.
                  [(C) Special attention.--Special attention 
                shall be given to ensuring the enrollment and 
                attendance of homeless children and youths who 
                are not currently attending school.]
  (f) Functions of the Office of Coordinator.--The Coordinator 
for Education of Homeless Children and Youths established in 
each State shall--
          (1) gather and make publically available reliable, 
        valid, and comprehensive information on--
                  (A) the number of homeless children and 
                youths identified in the State, posted annually 
                on the State educational agency's website;
                  (B) the nature and extent of the problems 
                homeless children and youths have in gaining 
                access to public preschool programs and to 
                public elementary schools and secondary 
                schools;
                  (C) the difficulties in identifying the 
                special needs and barriers to the participation 
                and achievement of such children and youths;
                  (D) any progress made by the State 
                educational agency and local educational 
                agencies in the State in addressing such 
                problems and difficulties; and
                  (E) the success of the programs under this 
                subtitle in identifying homeless children and 
                youths and allowing such children and youths to 
                enroll in, attend, and succeed in, school;
          (2) develop and carry out the State plan described in 
        subsection (g);
          (3) collect data for and transmit to the Secretary, 
        at such time and in such manner as the Secretary may 
        require, a report containing information necessary to 
        assess the educational needs of homeless children and 
        youths within the State, including data necessary for 
        the Secretary to fulfill the responsibilities under 
        section 724(h);
          (4) in order to improve the provision of 
        comprehensive education and related support services to 
        homeless children and youths and their families, 
        coordinate and collaborate with--
                  (A) educators, including teachers, special 
                education personnel, administrators, and child 
                development and preschool program personnel;
                  (B) providers of services to homeless 
                children and youths and their families, 
                including services of public and private child 
                welfare and social services agencies, law 
                enforcement agencies, juvenile and family 
                courts, agencies providing mental health 
                services, domestic violence agencies, child 
                care providers, runaway and homeless youth 
                centers, and providers of services and programs 
                funded under the Runaway and Homeless Youth Act 
                (42 U.S.C. 5701 et seq.);
                  (C) providers of emergency, transitional, and 
                permanent housing to homeless children and 
                youths, and their families, including public 
                housing agencies, shelter operators, operators 
                of transitional housing facilities, and 
                providers of transitional living programs for 
                homeless youths;
                  (D) local educational agency liaisons 
                designated under subsection (g)(1)(J)(ii) for 
                homeless children and youths; and
                  (E) community organizations and groups 
                representing homeless children and youths and 
                their families;
          (5) provide technical assistance to local educational 
        agencies, in coordination with local educational agency 
        liaisons designated under subsection (g)(1)(J)(ii), to 
        ensure that local educational agencies comply with the 
        requirements of subsection (e)(3), paragraphs (3) 
        through (7) of subsection (g), and subsection (h);
          (6) provide professional development opportunities 
        for local educational agency personnel and the homeless 
        liaison designated under subsection (g)(1)(J)(ii) to 
        assist such personnel in meeting the needs of homeless 
        children and youths; and
          (7) respond to inquiries from parents and guardians 
        of homeless children and youths and unaccompanied 
        youths to ensure that each child or youth who is the 
        subject of such an inquiry receives the full 
        protections and services provided by this subtitle.
  (g) State Plan.--
          (1) In general.--In order to be eligible to receive a 
        grant under this section, each State educational agency 
        shall submit to the Secretary a plan to provide for the 
        education of homeless children and youths within the 
        State that includes the following:
                  (A) A description of how such children and 
                youths are (or will be) given the opportunity 
                to meet the same State academic standards that 
                all students are expected to meet.
                  (B) A description of the procedures the State 
                educational agency will use to identify such 
                children and youths in the State and to assess 
                their needs.
                  (C) A description of procedures for the 
                prompt resolution of disputes regarding the 
                educational placement of homeless children and 
                youths.
                  (D) A description of programs for school 
                personnel (including liaisons, school leaders, 
                attendance officers, teachers, enrollment 
                personnel, and specialized instructional 
                support personnel) to heighten the awareness of 
                such personnel of the specific needs of 
                homeless adolescents, including runaway and 
                homeless youths.
                  (E) A description of procedures that ensure 
                that homeless children and youths who meet the 
                relevant eligibility criteria are able to 
                participate in Federal, State, or local 
                nutrition programs.
                  (F) A description of procedures that ensure 
                that--
                          (i) homeless children have equal 
                        access to public preschool programs, 
                        administered by the State educational 
                        agency or local educational agency, as 
                        provided to other children in the 
                        State;
                          (ii) homeless youths and youths 
                        separated from public schools are 
                        identified and accorded equal access to 
                        appropriate secondary education and 
                        support services; and
                          (iii) homeless children and youth who 
                        meet the relevant eligibility criteria 
                        are able to participate in Federal, 
                        State, or local education programs.
                  (G) Strategies to address problems identified 
                in the report provided to the Secretary under 
                subsection (f)(3).
                  (H) Strategies to address other problems with 
                respect to the education of homeless children 
                and youths, including problems resulting from 
                enrollment delays that are caused by--
                          (i) immunization and other health 
                        records requirements;
                          (ii) residency requirements;
                          (iii) lack of birth certificates, 
                        school records, or other documentation;
                          (iv) guardianship issues; or
                          (v) uniform or dress code 
                        requirements.
                  (I) A demonstration that the State 
                educational agency and local educational 
                agencies in the State have developed, and shall 
                review and revise, polices to remove barriers 
                to the identification, enrollment, and 
                retention of homeless children and youths in 
                schools in the State.
                  (J) Assurances that the following will be 
                carried out:
                          (i) The State educational agency and 
                        local educational agencies in the State 
                        will adopt policies and practices to 
                        ensure that homeless children and 
                        youths are not stigmatized or 
                        segregated on the basis of their status 
                        as homeless.
                          (ii) Local educational agencies will 
                        designate an appropriate staff person, 
                        who may also be a coordinator for other 
                        Federal programs, as a local 
                        educational agency liaison for homeless 
                        children and youths, to carry out the 
                        duties described in paragraph (6)(A).
                          (iii) The State and its local 
                        educational agencies will adopt 
                        policies and practices to ensure that 
                        transportation is provided, at the 
                        request of the parent or guardian (or 
                        in the case of an unaccompanied youth, 
                        the liaison), to and from the school of 
                        origin, as determined in paragraph 
                        (3)(A), in accordance with the 
                        following, as applicable:
                                  (I) If the child or youth 
                                continues to live in the area 
                                served by the local educational 
                                agency in which the school of 
                                origin is located, the child's 
                                or youth's transportation to 
                                and from the school of origin 
                                shall be provided or arranged 
                                by the local educational agency 
                                in which the school of origin 
                                is located.
                                  (II) If the child's or 
                                youth's living arrangements in 
                                the area served by the local 
                                educational agency of origin 
                                terminate and the child or 
                                youth, though continuing his or 
                                her education in the school of 
                                origin, begins living in an 
                                area served by another local 
                                educational agency, the local 
                                educational agency of origin 
                                and the local educational 
                                agency in which the child or 
                                youth is living shall agree 
                                upon a method to apportion the 
                                responsibility and costs for 
                                providing the child with 
                                transportation to and from the 
                                school of origin. If the local 
                                educational agencies are unable 
                                to agree upon such method, the 
                                responsibility and costs for 
                                transportation shall be shared 
                                equally.
          (2) Compliance.--
                  (A) In general.--Each plan adopted under this 
                subsection shall also describe how the State 
                will ensure that local educational agencies in 
                the State will comply with the requirements of 
                paragraphs (3) through (7).
                  (B) Coordination.--Such plan shall indicate 
                what technical assistance the State will 
                furnish to local educational agencies and how 
                compliance efforts will be coordinated with the 
                local educational agency liaisons designated 
                under paragraph (1)(J)(ii).
          (3) Local educational agency requirements.--
                  (A) In general.--The local educational agency 
                serving each child or youth to be assisted 
                under this subtitle shall, according to the 
                child's or youth's best interest--
                          (i) continue the child's or youth's 
                        education in the school of origin for 
                        the duration of homelessness--
                                  (I) in any case in which a 
                                family becomes homeless between 
                                academic years or during an 
                                academic year; or
                                  (II) for the remainder of the 
                                academic year, if the child or 
                                youth becomes permanently 
                                housed during an academic year; 
                                or
                          (ii) enroll the child or youth in any 
                        public school that nonhomeless students 
                        who live in the attendance area in 
                        which the child or youth is actually 
                        living are eligible to attend.
                  (B) School stability.--In determining the 
                best interest of the child or youth under 
                subparagraph (A), the local educational agency 
                shall--
                          (i) presume that keeping the child or 
                        youth in the school of origin is in the 
                        child or youth's best interest, except 
                        when doing so is contrary to the wishes 
                        of the child's or youth's parent or 
                        guardian, or the unaccompanied youth;
                          (ii) consider student-centered 
                        factors related to the child's or 
                        youth's best interest, including 
                        factors related to the impact of 
                        mobility on achievement, education, 
                        health, and safety of homeless children 
                        and youth, giving priority to the 
                        wishes of the homeless child's or 
                        youth's parent of guardian or the 
                        unaccompanied youth involved;
                          (iii) if, after conducting the best 
                        interest determination based on 
                        consideration of the presumption in 
                        clause (i) and the student-centered 
                        factors in clause (ii), the local 
                        educational agency determines that it 
                        is not in the child's or youth's best 
                        interest to attend the school of origin 
                        or the school requested by the parent, 
                        guardian, or unaccompanied youth, 
                        provide the child's or youth's parent 
                        or guardian or the unaccompanied youth 
                        with a written explanation of the 
                        reasons for its determination, in a 
                        manner and form understandable to such 
                        parent, guardian, or unaccompanied 
                        youth, including information regarding 
                        the right to appeal under subparagraph 
                        (E); and
                          (iv) in the case of an unaccompanied 
                        youth, ensure that the homeless liaison 
                        designated under paragraph (1)(J)(ii) 
                        assists in placement or enrollment 
                        decisions under this subparagraph, 
                        gives priority to the views of such 
                        unaccompanied youth, and provides 
                        notice to such youth of the right to 
                        appeal under subparagraph (E).
                  (C) Enrollment.--
                          (i) In general.--The school selected 
                        in accordance with this paragraph shall 
                        immediately enroll the homeless child 
                        or youth, even if the child or youth--
                                  (I) is unable to produce 
                                records normally required for 
                                enrollment, such as previous 
                                academic records, records of 
                                immunization and other required 
                                health records, proof of 
                                residency, or other 
                                documentation; or
                                  (II) has missed application 
                                or enrollment deadlines during 
                                any period of homelessness.
                          (ii) Relevant academic records.--The 
                        enrolling school shall immediately 
                        contact the school last attended by the 
                        child or youth to obtain relevant 
                        academic and other records.
                          (iii) Relevant health records.--If 
                        the child or youth needs to obtain 
                        immunizations or other required health 
                        records, the enrolling school shall 
                        immediately refer the parent or 
                        guardian of the child or youth, or the 
                        unaccompanied child or youth, to the 
                        local educational agency liaison 
                        designated under paragraph (1)(J)(ii), 
                        who shall assist in obtaining necessary 
                        immunizations or screenings, or 
                        immunization or other required health 
                        records, in accordance with 
                        subparagraph (D).
                          (iv) No liability.--Whenever the 
                        school selected enrolls an 
                        unaccompanied youth in accordance with 
                        this paragraph, no liability shall be 
                        imposed upon the school by reason of 
                        enrolling the youth without parent or 
                        guardian consent.
                  (D) Records.--Any record ordinarily kept by 
                the school, including immunization or other 
                required health records, academic records, 
                birth certificates, guardianship records, and 
                evaluations for special services or programs, 
                regarding each homeless child or youth shall be 
                maintained--
                          (i) so that the records involved are 
                        available, in a timely fashion, when a 
                        child or youth enters a new school or 
                        school district; and
                          (ii) in a manner consistent with 
                        section 444 of the General Education 
                        Provisions Act (20 U.S.C. 1232g).
                  (E) Enrollment disputes.--If a dispute arises 
                over school selection or enrollment in a 
                school--
                          (i) the child or youth shall be 
                        immediately enrolled in the school in 
                        which enrollment is sought, pending 
                        final resolution of the dispute, 
                        including all available appeals;
                          (ii) the parent, guardian, or 
                        unaccompanied youth shall be provided 
                        with a written explanation of any 
                        decisions made by the school, the local 
                        educational agency, or the State 
                        educational agency involved, including 
                        the rights of the parent, guardian, or 
                        youth to appeal such decisions;
                          (iii) the parent, guardian, or 
                        unaccompanied youth shall be referred 
                        to the local educational agency liaison 
                        designated under paragraph (1)(J)(ii), 
                        who shall carry out the dispute 
                        resolution process as described in 
                        paragraph (1)(C) as expeditiously as 
                        possible after receiving notice of the 
                        dispute; and
                          (iv) in the case of an unaccompanied 
                        youth, the liaison shall ensure that 
                        the youth is immediately enrolled in 
                        school in which the youth seeks 
                        enrollment pending resolution of such 
                        dispute.
                  (F) Placement choice.--The choice regarding 
                placement shall be made regardless of whether 
                the child or youth lives with the homeless 
                parents or has been temporarily placed 
                elsewhere.
                  (G) School of origin defined.--
                          (i) In general.--In this paragraph, 
                        the term ``school of origin'' means the 
                        school that a child or youth attended 
                        when permanently housed or the school 
                        in which the child or youth was last 
                        enrolled.
                          (ii) Receiving school.--When the 
                        child or youth completes the final 
                        grade level served by the school of 
                        origin, as described in clause (i), the 
                        term ``school of origin'' shall include 
                        the designated receiving school at the 
                        next grade level for all feeder 
                        schools.
                  (H) Contact information.--Nothing in this 
                subtitle shall prohibit a local educational 
                agency from requiring a parent or guardian of a 
                homeless child to submit contact information.
                  (I) Privacy.--Information about a homeless 
                child's or youth's living situation shall be 
                treated as a student education record under 
                section 444 of the General Education Provisions 
                Act (20 U.S.C. 1232g) and shall not be released 
                to housing providers, employers, law 
                enforcement personnel, or other persons or 
                agencies not authorized to have such 
                information under section 99.31 of title 34, 
                Code of Federal Regulations.
                  (J) Academic achievement.--The school 
                selected in accordance with this paragraph 
                shall ensure that homeless children and youth 
                have opportunities to meet the same State 
                academic standards to which other students are 
                held.
          (4) Comparable services.--Each homeless child or 
        youth to be assisted under this subtitle shall be 
        provided services comparable to services offered to 
        other students in the school selected under paragraph 
        (3), including the following:
                  (A) Transportation services.
                  (B) Educational services for which the child 
                or youth meets the eligibility criteria, such 
                as services provided under title I of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6301 et seq.) or similar State or 
                local programs, educational programs for 
                children with disabilities, and educational 
                programs for English learners.
                  (C) Programs in career and technical 
                education.
                  (D) Programs for gifted and talented 
                students.
                  (E) School nutrition programs.
          (5) Coordination.--
                  (A) In general.--Each local educational 
                agency serving homeless children and youths 
                that receives assistance under this subtitle 
                shall coordinate--
                          (i) the provision of services under 
                        this subtitle with local social 
                        services agencies and other agencies or 
                        entities providing services to homeless 
                        children and youths and their families, 
                        including services and programs funded 
                        under the Runaway and Homeless Youth 
                        Act (42 U.S.C. 5701 et seq.); and
                          (ii) transportation, transfer of 
                        school records, and other interdistrict 
                        activities, with other local 
                        educational agencies.
                  (B) Housing assistance.--If applicable, each 
                State educational agency and local educational 
                agency that receives assistance under this 
                subtitle shall coordinate with State and local 
                housing agencies responsible for developing the 
                comprehensive housing affordability strategy 
                described in section 105 of the Cranston-
                Gonzalez National Affordable Housing Act (42 
                U.S.C. 12705) to minimize educational 
                disruption for children and youths who become 
                homeless.
                  (C) Coordination purpose.--The coordination 
                required under subparagraphs (A) and (B) shall 
                be designed to--
                          (i) ensure that all homeless children 
                        and youths are promptly identified;
                          (ii) ensure that homeless children 
                        and youths have access to, and are in 
                        reasonable proximity to, available 
                        education and related support services; 
                        and
                          (iii) raise the awareness of school 
                        personnel and service providers of the 
                        effects of short-term stays in a 
                        shelter and other challenges associated 
                        with homelessness.
                  (D) Homeless children and youths with 
                disabilities.--For children and youth who are 
                to be assisted both under this subtitle, and 
                under the Individuals with Disabilities 
                Education Act (20 U.S.C. 1400 et seq.) or 
                section 504 of the Rehabilitation Act of 1973 
                (29 U.S.C. 794), each local educational agency 
                shall coordinate the provision of services 
                under this subtitle with the provision of 
                programs for children with disabilities served 
                by that local educational agency and other 
                involved local educational agencies.
          (6) Local educational agency liaison.--
                  (A) Duties.--Each local educational agency 
                liaison for homeless children and youths, 
                designated under paragraph (1)(J)(ii), shall 
                ensure that--
                          (i) homeless children and youths are 
                        identified by school personnel through 
                        outreach and coordination activities 
                        with other entities and agencies;
                          (ii) homeless children and youths are 
                        enrolled in, and have a full and equal 
                        opportunity to succeed in, schools of 
                        that local educational agency;
                          (iii) homeless families, children, 
                        and youths have access to and receive 
                        educational services for which such 
                        families, children, and youths are 
                        eligible, including services through 
                        Head Start, Early Head Start, early 
                        intervention, and preschool programs 
                        administered by the local educational 
                        agency;
                          (iv) homeless families, children, and 
                        youths receive referrals to health care 
                        services, dental services, mental 
                        health and substances abuse services, 
                        housing services, and other appropriate 
                        services;
                          (v) the parents or guardians of 
                        homeless children and youths are 
                        informed of the educational and related 
                        opportunities available to their 
                        children and are provided with 
                        meaningful opportunities to participate 
                        in the education of their children;
                          (vi) public notice of the educational 
                        rights of homeless children and youths 
                        is disseminated in locations frequented 
                        by parents or guardians of such 
                        children and youths, and unaccompanied 
                        youths, including schools, shelters, 
                        public libraries, and soup kitchens in 
                        a manner and form understandable to the 
                        parents and guardians of homeless 
                        children and youths, and unaccompanied 
                        youths;
                          (vii) enrollment disputes are 
                        mediated in accordance with paragraph 
                        (3)(E);
                          (viii) the parent or guardian of a 
                        homeless child or youth, and any 
                        unaccompanied youth, is fully informed 
                        of all transportation services, 
                        including transportation to the school 
                        of origin, as described in paragraph 
                        (1)(J)(iii), and is assisted in 
                        accessing transportation to the school 
                        that is selected under paragraph 
                        (3)(A);
                          (ix) school personnel providing 
                        services under this subtitle receive 
                        professional development and other 
                        support; and
                          (x) unaccompanied youths--
                                  (I) are enrolled in school;
                                  (II) have opportunities to 
                                meet the same State academic 
                                standards to which other 
                                students are held, including 
                                through implementation of the 
                                policies and practices required 
                                by paragraph (1)(F)(ii); and
                                  (III) are informed of their 
                                status as independent students 
                                under section 480 of the Higher 
                                Education Act of 1965 (20 
                                U.S.C. 1087vv) and receive 
                                verification of such status for 
                                purposes of the Free 
                                Application for Federal Student 
                                Aid described in section 483 of 
                                such Act (20 U.S.C. 1090).
                  (B) Notice.--State coordinators established 
                under subsection (d)(3) and local educational 
                agencies shall inform school personnel, service 
                providers, advocates working with homeless 
                families, parents and guardians of homeless 
                children and youths, and homeless children and 
                youths of the duties of the local educational 
                agency liaisons, including publishing an 
                annually updated list of the liaisons on the 
                State educational agency's website.
                  (C) Local and state coordination.--Local 
                educational agency liaisons for homeless 
                children and youths shall, as a part of their 
                duties, coordinate and collaborate with State 
                coordinators and community and school personnel 
                responsible for the provision of education and 
                related services to homeless children and 
                youths. Such coordination shall include 
                collecting and providing to the State 
                Coordinator the reliable, valid, and 
                comprehensive data needed to meet the 
                requirements of paragraphs (1) and (3) of 
                subsection (f).
          (7) Review and revisions.--
                  (A) In general.--Each State educational 
                agency and local educational agency that 
                receives assistance under this subtitle shall 
                review and revise any policies that may act as 
                barriers to the enrollment of homeless children 
                and youths in schools that are selected under 
                paragraph (3).
                  (B) Consideration.--In reviewing and revising 
                such policies, consideration shall be given to 
                issues concerning transportation, immunization, 
                residency, birth certificates, school records 
                and other documentation, and guardianship.
                  (C) Special attention.--Special attention 
                shall be given to ensuring the enrollment and 
                attendance of homeless children and youths who 
                are not currently attending school.
  (h) Special Rule for Emergency Assistance.--
          (1) Emergency assistance.--
                  (A) Reservation of amounts.--Subject to 
                paragraph (4) and notwithstanding any other 
                provision of this title, the Secretary shall 
                use funds appropriated under section 726 for 
                [fiscal year 2009,] fiscal years 2013 through 
                2018, but not to exceed $30,000,000, for the 
                purposes of providing emergency assistance 
                through grants.

           *       *       *       *       *       *       *

SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF 
                    HOMELESS CHILDREN AND YOUTHS.

  (a) General Authority.--
          (1) In general.--The State educational agency shall, 
        in accordance with section 722(e), and from amounts 
        made available to such agency under section 726, make 
        subgrants to local educational agencies for the purpose 
        of [facilitating the enrollment,] facilitating the 
        identification, enrollment, attendance, and success in 
        school of homeless children and youths.
          (2) Services.--
                  (A) In general.--Services under paragraph 
                (1)--
                          (i) may be provided through programs 
                        on school grounds or at other 
                        facilities; and
                          (ii) shall, to the maximum extent 
                        practicable, be provided through 
                        existing programs and mechanisms that 
                        integrate homeless children and youths 
                        with nonhomeless children and youths[; 
                        and].
                          [(iii) shall be designed to expand or 
                        improve services provided as part of a 
                        school's regular academic program, but 
                        not to replace such services provided 
                        under such program.]

           *       *       *       *       *       *       *

          (4) Duration of grants.--Subgrants awarded under this 
        section shall be for terms of not to exceed 3 years.
  (b) Application.--A local educational agency that desires to 
receive a subgrant under this section shall submit an 
application to the State educational agency at such time, in 
such manner, and containing or accompanied by such information 
as the State educational agency may reasonably require. Such 
application shall include the following:
          (1) * * *

           *       *       *       *       *       *       *

          [(3) An assurance that the local educational agency's 
        combined fiscal effort per student, or the aggregate 
        expenditures of that agency and the State with respect 
        to the provision of free public education by such 
        agency for the fiscal year preceding the fiscal year 
        for which the determination is made, was not less than 
        90 percent of such combined fiscal effort or aggregate 
        expenditures for the second fiscal year preceding the 
        fiscal year for which the determination is made.]
          [(4)] (3) An assurance that the applicant complies 
        with, or will use requested funds to comply with, 
        paragraphs (3) through (7) of section 722(g).
          [(5)] (4) A description of policies and procedures, 
        consistent with section 722(e)(3), that the agency will 
        implement to ensure that activities carried out by the 
        agency will not isolate or stigmatize homeless children 
        and youths.
          (5) An assurance that the local educational agency 
        will collect and promptly provide data requested by the 
        State Coordinator pursuant to paragraphs (1) and (3) of 
        section 722(f).
          (6) An assurance that the local educational agency 
        has removed barriers to complying with the requirements 
        of section 722(g)(1)(I).
  (c) Awards.--
          (1) In general.--The State educational agency shall, 
        in accordance with the requirements of this subtitle 
        and from amounts made available to it under section 
        [726] 722(a), make competitive subgrants to local 
        educational agencies that submit applications under 
        subsection (b). Such subgrants shall be awarded on the 
        basis of the need of such agencies for assistance under 
        this subtitle and the quality of the applications 
        submitted.
          (2) Need.--In determining need under paragraph (1), 
        the State educational agency may consider the number of 
        homeless children and youths enrolled in preschool, 
        elementary, and secondary schools within the area 
        served by the local educational agency, and shall 
        consider the needs of such children and youths and the 
        ability of the local educational agency to meet such 
        needs. The State educational agency may also consider 
        the following:
                  (A) The extent to which the proposed use of 
                funds will facilitate the identification, 
                enrollment, retention, and educational success 
                of homeless children and youths.
                  [(B) The extent to which the application--
                          [(i) reflects coordination with other 
                        local and State agencies that serve 
                        homeless children and youths; and
                          [(ii) describes how the applicant 
                        will meet the requirements of section 
                        722(g)(3).]
                  (B) The extent to which the application 
                reflects coordination with other local and 
                State agencies that serve homeless children and 
                youths.
                  (C) The extent to which the applicant 
                exhibits in the application and in current 
                practice (as of the date of submission of the 
                application) a commitment to education for all 
                homeless children and youths.

           *       *       *       *       *       *       *

          (3) Quality.--In determining the quality of 
        applications under paragraph (1), the State educational 
        agency shall consider the following:
                  (A) * * *

           *       *       *       *       *       *       *

                  [(C) The involvement of parents or guardians 
                of homeless children or youths in the education 
                of their children.]
                  (C) The extent to which the applicant will 
                promote meaningful involvement of parents or 
                guardians of homeless children or youths in the 
                education of their children.
                  (D) The extent to which homeless children and 
                youths will be integrated [within] into the 
                regular education program.

           *       *       *       *       *       *       *

                  (G) The extent to which the local educational 
                agency will use the subgrant to leverage 
                resources, including by maximizing nonsubgrant 
                funding for the position of the liaison 
                described in section 722(g)(1)(J)(ii) and the 
                provision of transportation.
                  (H) How the local educational agency uses 
                funds to serve homeless children and youths 
                under section 1113(c)(3) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6313(c)(3)).
                  [(G) Such] (I) The extent to which the 
                applicant's program meets such other measures 
                as the State educational agency considers 
                indicative of a high-quality program, such as 
                the extent to which the local educational 
                agency will provide [case management or 
                related] services to unaccompanied youths.
                  (J) An assurance that the applicant will meet 
                the requirements of section 722(g)(3).
          [(4) Duration of grants.--Grants awarded under this 
        section shall be for terms not to exceed 3 years.]
  (d) Authorized Activities.--A local educational agency may 
use funds awarded under this section for activities that carry 
out the purpose of this subtitle, including the following:
          (1) The provision of tutoring, supplemental 
        instruction, and enriched educational services that are 
        linked to the achievement of the same [challenging 
        State academic content standards and challenging State 
        student academic achievement standards] State academic 
        standards the State establishes for other children and 
        youths.
          (2) The provision of expedited evaluations of the 
        strengths and needs of homeless children and youths, 
        including needs and eligibility for programs and 
        services (such as educational programs for gifted and 
        talented students, children with disabilities, and 
        [students with limited English proficiency,] English 
        learners, services provided under title I of the 
        Elementary and Secondary Education Act of 1965 or 
        similar State or local programs, programs in 
        [vocational] career and technical education, and school 
        nutrition programs).
          (3) Professional development and other activities for 
        educators and [pupil services] specialized 
        instructional support personnel that are designed to 
        heighten the understanding and sensitivity of such 
        personnel to the needs of homeless children and youths, 
        the rights of such children and youths under this 
        subtitle, and the specific educational needs of runaway 
        and homeless youths.

           *       *       *       *       *       *       *

          (7) The provision of services and assistance to 
        attract, engage, and retain homeless children and 
        youths[, and unaccompanied youths,], particularly 
        homeless children and youths who are not enrolled in 
        school, in public school programs and services provided 
        to nonhomeless children and youths.

           *       *       *       *       *       *       *

          (9) If necessary, the payment of fees and other costs 
        associated with tracking, obtaining, and transferring 
        records necessary to enroll homeless children and 
        youths in school, including birth certificates, 
        immunization or [medical] other required health 
        records, academic records, guardianship records, and 
        evaluations for special programs or services.
          (10) The provision of education and training to the 
        parents of homeless children and youths about the 
        rights of, and resources available to, such children 
        and youths, and other activities designed to increase 
        the meaningful involvement of parents or guardians of 
        homeless children or youths in the education of their 
        children.

           *       *       *       *       *       *       *

          (12) The provision of [pupil] specialized 
        instructional support services (including violence 
        prevention counseling) and referrals for such services.
          (13) Activities to address the particular needs of 
        homeless children and youths that may arise from 
        domestic violence and parental mental health or 
        substance abuse problems.

           *       *       *       *       *       *       *

SEC. 724. SECRETARIAL RESPONSIBILITIES.

  (a) * * *

           *       *       *       *       *       *       *

  [(c) Notice.--The Secretary shall, before the next school 
year that begins after the date of enactment of the McKinney-
Vento Homeless Education Assistance Improvements Act of 2001, 
create and disseminate nationwide a public notice of the 
educational rights of homeless children and youths and 
disseminate such notice to other Federal agencies, programs, 
and grantees, including Head Start grantees, Health Care for 
the Homeless grantees, Emergency Food and Shelter grantees, and 
homeless assistance programs administered by the Department of 
Housing and Urban Development.]
  (c) Notice.--
          (1) In general.--The Secretary shall, before the next 
        school year that begins after the date of the enactment 
        of the Encouraging Innovation and Effective Teachers 
        Act, update and disseminate nationwide the public 
        notice described in this subsection (as in effect prior 
        to such date) of the educational rights of homeless 
        children and youths.
          (2) Dissemination.--The Secretary shall disseminate 
        the notice nationally to all Federal agencies, program 
        grantees, and grant recipients serving homeless 
        families, children, and youths.
  (d) Evaluation and Dissemination.--The Secretary shall 
conduct evaluation [and dissemination], dissemination, and 
technical assistance activities of programs designed to meet 
the educational needs of homeless elementary and secondary 
school students, and may use funds appropriated under section 
726 to conduct such activities.
  (e) Submission and Distribution.--The Secretary shall require 
applications for grants under [this subtitle] section 722 to be 
submitted to the Secretary not later than the expiration of the 
[60-day] 120-day period beginning on the date that funds are 
available for purposes of making such grants and shall make 
such grants not later than the expiration of the [120-day] 180-
day period beginning on such date.
  (f) Determination by Secretary.--The Secretary, based on the 
information received from the States and information gathered 
by the Secretary under subsection (h), shall determine the 
extent to which State educational agencies are ensuring that 
each homeless child and homeless youth has access to a free 
appropriate public education, as described in section 721(1). 
The Secretary shall provide support and technical assistance to 
State educational agencies in areas in which barriers to a free 
appropriate public education persist.
  [(g) Guidelines.--The Secretary shall develop, issue, and 
publish in the Federal Register, not later than 60 days after 
the date of enactment of the McKinney-Vento Homeless Education 
Assistance Improvements Act of 2001, school enrollment 
guidelines for States with respect to homeless children and 
youths. The guidelines shall describe--
          [(1) successful ways in which a State may assist 
        local educational agencies to immediately enroll 
        homeless children and youths in school; and
          [(2) how a State can review the State's requirements 
        regarding immunization and medical or school records 
        and make such revisions to the requirements as are 
        appropriate and necessary in order to enroll homeless 
        children and youths in school immediately.]
  (g) Guidelines.--The Secretary shall develop, issue, and 
publish in the Federal Register, not later than 60 days after 
the date of the enactment of the Encouraging Innovation and 
Effective Teachers Act, strategies by which a State--
          (1) may assist local educational agencies to 
        implement the provisions amended by the Act; and
          (2) can review and revise State policies and 
        procedures that may present barriers to the 
        identification, enrollment, attendance, and success of 
        homeless children and youths in school.
  (h) Information.--
          (1) In general.--From funds appropriated under 
        section 726, the Secretary shall, directly or through 
        grants, contracts, or cooperative agreements, 
        periodically collect and disseminate data and 
        information regarding--
                  (A) the number and location of homeless 
                children and youths in all areas served by 
                local educational agencies;

           *       *       *       *       *       *       *

  (i) Report.--Not later than 4 years after the date of 
enactment of the [McKinney-Vento Homeless Education Assistance 
Improvements Act of 2001] Encouraging Innovation and Effective 
Teachers Act, the Secretary shall prepare and submit to the 
President and the Committee on Education and the Workforce of 
the House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate a report on the 
status of education of homeless children and youths, which 
shall include information on--
          (1) * * *

           *       *       *       *       *       *       *

SEC. 725. DEFINITIONS.

  For purposes of this subtitle:
          (1) * * *
          (2) The term ``homeless children and youths''--
                  (A) * * *
                  (B) includes--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iv) migratory children (as such term 
                        is defined in section [1309] 1139 of 
                        the Elementary and Secondary Education 
                        Act of 1965) who qualify as homeless 
                        for the purposes of this subtitle 
                        because the children are living in 
                        circumstances described in clauses (i) 
                        through (iii).
          (3) The terms ``local educational agency'' and 
        ``State educational agency'' have the meanings given 
        such terms in section [9101] 5101 of the Elementary and 
        Secondary Education Act of 1965.

           *       *       *       *       *       *       *

[SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

  [For the purpose of carrying out this subtitle, there are 
authorized to be appropriated $100,000,000 for fiscal year 2009 
and such sums as may be necessary for each subsequent fiscal 
year.]

SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--For the purpose of carrying out this 
subtitle, there are authorized to be appropriated $65,173,000 
for fiscal year 2013.
  (b) Out Years.--The amount authorized under 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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