" ! HOUSE OF REPRESENTATIVES 

112TH CONGRESS

2d Session 

REPT. 112–459 

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 

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

the State of the Union and ordered to be printed 


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ENCOURAGING INNOVATION AND EFFECTIVE TEACHERS ACT 


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U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

73–976 

" ! HOUSE OF REPRESENTATIVES 

112TH CONGRESS

2d Session 

REPT. 112–459 

2012

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 

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

the State of the Union and ordered to be printed 


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73–976 

112TH CONGRESS REPT. 112–459 " ! HOUSE OF REPRESENTATIVES 2d Session 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. 


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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. 


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‘‘(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 


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‘‘(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). 


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‘‘(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— 


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‘‘(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; 


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‘‘(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. 


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‘‘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; 


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‘‘(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 decisionmaking 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 

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lishment 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). 


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‘‘(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. 


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‘‘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— 


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‘‘(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’’; 


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(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— 

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ity 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 minoritygroup-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— 


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‘‘(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. 


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‘‘(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. 


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‘‘(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; 


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‘‘(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 evidencebased 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. 


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‘‘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. 


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‘‘(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). 


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‘‘(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— 


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‘‘(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.’’. 


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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.— 


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‘‘(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— 


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‘‘(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; 


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‘‘(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 perpupil 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)’’; 


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(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: 


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‘‘(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— 


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(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’’. 


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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)’’; 


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(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: 

‘‘§ 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— 


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‘‘(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 


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‘‘(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)). 


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‘‘(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.’’. 


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(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’’; 


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(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.’’; 


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(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 


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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 


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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. 


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‘‘(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 paraVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00045 Fmt 6659 Sfmt 6621 E:\HR\OC\HR459P1.XXX HR459P1

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graph (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)— 


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(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.’’; 


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(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 


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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 


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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, 


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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. 


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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 examVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00052 Fmt 6659 Sfmt 6602 E:\HR\OC\HR459P1.XXX HR459P1

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ine 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. 


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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 


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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 


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hearing was to discuss options for reforming the current definition 

of adequate yearly progress. Testifying before the committee were: 

Dr. Harold C. Doran, Senior Research Scientist, American Institutes for Research, Washington, DC; Dr. Chrys Dougherty, Director 

of Research, National Center for Educational Accountability, Austin, TX; Mr. Peter McWalters, Commissioner, Rhode Island Department of Education, Providence, RI; Mr. Allan Olson, Co-Founder 

and Chief Academic Officer, Northwest Evaluation Association, 

Lake Oswego, OR; and Ms. Valerie Woodruff, Secretary, Delaware 

Department of Education, Dover, DE. 

On March 23, 2007, the Committee on Education and Labor Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing in Washington, DC, on ‘‘Impact of NCLB on 

English Language Learners.’’ The purpose of the hearing was to 

learn how NCLB is working for English Language Learner students and what needs to be done to improve student achievement. 

Testifying before the subcommittee were: Ms. Cornelia M. Ashby, 

Director, Education, Workforce, and Income Security Issues, U.S. 

Government Accountability Office, Washington, DC; Dr. Beverly L. 

Young, Assistant Vice Chancellor, Teacher Education and Public 

School Program, California State University, Long Beach, CA; Mr. 

Peter Zamora, Regional Counsel, Mexican American Legal Defense 

and Educational Fund, Washington, DC; Ms. Francisca Sa ́nchez, 

Assistant Superintendent for Curriculum and Instruction, San 

Bernardino County Superintendent of Schools, San Bernardino, 

CA; and Ms. Marta Guzma ́n, Principal, Oyster Bilingual Elementary School, Washington, DC. 

On March 29, 2007, the Committee on Education and Labor Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing in Washington, DC, on ‘‘How NCLB Affects 

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., SuVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00056 Fmt 6659 Sfmt 6602 E:\HR\OC\HR459P1.XXX HR459P1

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perintendent, 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. Marı ́a Robledo Montecel, Executive Director, Intercultural Development Research Association, San Antonio, TX; Dr. Jane Norwood, Vice-Chair, North Carolina State Board of Education, Raleigh, NC; Mr. Kenneth M. Smith, President, Jobs for America’s 

Graduates, Alexandria, VA; Mr. Kenneth S. Trump, President and 

Chief Executive Officer, National School Safety and Security Services, Inc., Cleveland, OH; and The Honorable Bob Wise, President, 

Alliance for Excellent Education and former Governor of West Virginia, Washington, DC. 

On April 27, 2007, the Committee on Education and Labor Subcommittee on Early Childhood, Elementary, and Secondary Education held a field hearing in San Rafael, CA, on ‘‘Improving the 

No Child Left Behind Act’s Accountability System.’’ The purpose of 

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committee 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 DiVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00058 Fmt 6659 Sfmt 6602 E:\HR\OC\HR459P1.XXX HR459P1

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rector, 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 DarlingHammond, Charles Ducommun Professor of Education, Stanford 

University, Stanford, CA; Mr. John Podesta, President and Chief 

Executive Officer, Center for American Progress, Washington, DC; 

Ms. Andrea Messina, Commissioner, Aspen Institute Commission 

on NCLB, Washington, DC; Mr. Kevin Carey, Research and Policy 

Manager, Education Sector, Washington, DC; Dr. Billy Cannaday, 

Superintendent of Public Instruction, Virginia Department of Education, Richmond, VA; The Honorable Bob Wise, President, AlliVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00059 Fmt 6659 Sfmt 6602 E:\HR\OC\HR459P1.XXX HR459P1

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ance 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. 


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On September 21, 2007, the Committee on Education and Labor 

Subcommittee on Higher Education, Lifelong Learning, and Competitiveness held a field hearing in Pomona, CA, on ‘‘Examining 

Competitiveness Through Science, Technology, Engineering and 

Math.’’ The purpose of the hearing was to examine strategies for 

improving the delivery of education in Science, Technology, Engineering, and Math (STEM) classes to students in the United 

States. Testifying before the subcommittee were: Dr. Warren J. 

Baker, President, California Polytechnic State University, San Luis 

Obispo, CA; Dr. Marshall E. Drummond, Chancellor, Los Angeles 

Community College District, Los Angeles, CA; Dr. Susan 

Hackwood, Executive Director, California Council on Science and 

Technology, Sacramento, CA; Dr. Charles B. Reed, Chancellor, 

California State University System, Sacramento, CA; Dr. Frederick 

A. Tarantino, President and Chief Executive Officer, Universities 

Space Research Association, Columbia, MD; and Dr. Todd Ullah, 

Director of Science, Los Angeles Unified School District, Los Angeles, CA. 

Second session 

On February 13, 2008, the Committee on Education and Labor 

held a hearing in Washington, DC, on ‘‘Modern Public School Facilities: Investing in the Future.’’ The purpose of the hearing was 

to highlight the poor quality of public school buildings, particularly 

in low-income areas, and federal investment in public school buildings. Testifying before the committee were: The Honorable Ben 

Chandler, U.S. House of Representatives, Sixth District, Kentucky; 

The Honorable Michael Castle, U.S. House of Representatives, AtLarge, Delaware; The Honorable Bob Etheridge, U.S. House of Representatives, Second District, North Carolina; The Honorable David 

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 


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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. 


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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. 


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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 

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retary 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 (PREK) Act of 2007, in legislative session and reported the bill favorably, as amended, to the House of Representatives by a vote of 31– 

11. 

The committee considered and adopted the following amendments to H.R. 3289: 

• Rep. George Miller (D–CA) offered an amendment in the nature of a substitute. The amendment passed by a voice vote. 

• Rep. Phil Hare (D–IL) offered an en bloc amendment to address the deficiency of pre-K opportunities to children in rural 

areas and to increase coordination of state supported early childhood providers and local educational agencies to ensure a smooth 

transition to kindergarten. The amendment passed by a voice vote. 


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• Rep. Susan Davis (D–CA) offered an amendment to add an allowable use of funds for instruction and support for program directors and staff during the first three years of employment. The 

amendment passed by a vote of 26–17. 

• Rep. Dennis Kucinich (D–OH) offered an en bloc amendment 

to require states to report on how they are addressing transportation needs where transportation is a barrier to accessing statefunded preschool programs and to require states to coordinate with 

a state advisory board on early childhood education or similar entity. The amendment passed by a voice vote. 

• Rep. Dennis Kucinich (D–OH) and Rep. Lynn Woolsey (D–CA) 

offered an amendment to require states to report on their activities 

to expand state-funded preschool programs and to require the Secretary of Education to report to Congress on the activities carried 

out by this bill. The amendment (as amended) passed by a voice 

vote. 

• Rep. Phil Hare (D–IL) offered a secondary amendment to Reps. 

Kucinich and Woolsey’s amendment to add rural areas into the reporting requirements. The amendment passed by a voice vote. 

• Rep. Rube ́n Hinojosa (D–TX) offered an amendment requiring 

states to provide assurances they will target resources or strengthen services to English Language Learners. The amendment passed 

by a voice vote. 

The committee considered the following amendments to H.R. 

3289, which were not adopted: 

• Rep. Howard P. ‘‘Buck’’ McKeon (R–CA) offered an amendment 

to ensure states invest the resources provided in the bill to enroll 

all eligible children in the existing Head Start program. The 

amendment was defeated by a vote of 18–25. 

• Rep. Mike Castle (R–DE) offered an amendment to align the 

new pre-K program with Head Start. The amendment was defeated 

by a vote of 18–25. 

• 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. 


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111TH CONGRESS

Hearings—first session 

On April 29, 2009, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘Strengthening America’s Competitiveness through Common Academic Standards.’’ The purpose 

of the hearing was to examine how to ensure rigorous academic 

standards keep American students competitive. Testifying before 

the committee were: Mr. James B. Hunt Jr., Chairman of the 

Board, James B. Hunt, Jr., Institute for Educational Leadership 

and Policy Foundation, former Governor of North Carolina, Raleigh, NC; Dr. Kenneth James, Commissioner, Arkansas Department of Education, Little Rock, AR; Mr. Greg Jones, President and 

Chief Executive Officer (retired), State Farm General Insurance, 

Chairman, California Business Roundtable, Playa del Rey, CA; Mr. 

David Levin, Co-founder, KIPP Schools, New York, NY; and Ms. 

Randi Weingarten, President, American Federation of Teachers, 

New York, NY. 

On May 12, 2009, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘America’s Competitiveness 

through High School Reform.’’ The purpose of the hearing was to 

learn about the challenges facing our nation’s high schools in providing competitive, capable graduates. Testifying before the committee were: The Honorable Chaka Fattah, U.S. House of Representatives, Second District, Pennsylvania; The Honorable Michael Castle, U.S. House of Representatives, At-Large, Delaware; 

The Honorable Rau ́l M. Grijalva, U.S. House of Representatives, 

Seventh District, Arizona; The Honorable David P. Roe, U.S. House 

of Representatives, First District, Tennessee; Mr. Robert Balfanz, 

Associate Research Scientist, Everyone Graduates Center, Johns 

Hopkins University, Baltimore, MD; Mr. Scott Gordon, Chief Executive Officer, Mastery Charter Schools, Philadelphia, PA; Ms. Marguerite Kondracke, President and Chief Executive Officer, America’s Promise Alliance, Washington, DC; Dr. Vicki Phillips, Director, Education Initiative, Bill and Melinda Gates Foundation, 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 


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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 


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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. Andre ́s Henrı ́quez, Program Officer, Carnegie Corporation 

of New York, New York, NY; Dr. Sandra D. Meyers, Education Associate, Delaware Department of Education, Dover, DE; and Dr. 

Dorothy S. Strickland, Professor Emeritus, Rutgers, the State University of New Jersey, Newark, NJ. 

On December 8, 2009, the Committee on Education and Labor 

held a hearing in Washington, DC, on ‘‘Improving Our Competitiveness: Common Core Education Standards.’’ The purpose of the 

hearing was to take a closer look at the Common Core State Standards Initiative and how coordinated efforts to strengthen academic 

standards can enhance American competitiveness. Testifying before 

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ty 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 


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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 


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schools and protect the best interests of students. Testifying before 

the committee were: Ms. Susan E. Bridges, Principal, A.G. Richardson Elementary School, Culpeper, VA; Dr. Thomas Butler, Superintendent of Schools, Ridgway Area School District, Ridgway, PA; 

Ms. Jessica Johnson, Chief Program Officer, Learning Point Associates, Naperville, IL; Dr. Daniel King, Superintendent, Pharr-San 

Juan-Alamo Independent School District, Pharr, TX; Mr. David Silver, Principal, Think College Now, Oakland, CA; and Mr. John 

Simmons, President, Strategic Learning Initiatives, Chicago, IL. 

On May 20, 2010, the Committee on Education and Labor held 

a hearing in Washington, DC, on ‘‘The Impact of Concussions on 

High School Athletes.’’ The purpose of the hearing was to discuss 

research conducted by the Government Accountability Office into 

concussions among high school athletes. Testifying before the committee were: Dr. Gerard A. Gioia, Director, Division of Pediatric 

Neuropsychology, Children’s National Medical Center, Washington, 

DC; Dr. Linda Kohn, Director of Health Care Issues, U.S. Government Accountability Office, Washington, DC; Mr. Michael T. 

Monacelli, Director of Athletics and Head Football Coach, Caledonia-Mumford Central School District, Caledonia, NY; Ms. 

Michelle Pelton, former high school athlete, Swansea, MA; and Mr. 

James Schmutz, Executive Director, American Sport Education 

Program, Champaign, IL. 

On June 24, 2010, the Committee on Education and Labor Subcommittee on Healthy Families and Communities held a hearing in 

Washington, DC, on ‘‘Ensuring Student Cyber Safety.’’ The purpose 

of the hearing was to discuss strategies aimed at developing both 

innovative and practical approaches to identify, prevent, and curb 

the prevalence of cyberbullying. Testifying before the subcommittee 

were: Mr. Parry Aftab, Esq., Executive Director, WiredSaftey.org, 

Wycoff, NJ; Mr. Dave Finnegan, Chief Information and Logistics 

Bear, Build-A-Bear Workshop, Inc., St. Louis, MO; Dr. Phillip C. 

McGraw, syndicated daytime television talk show host and bestselling author, Los Angeles, CA; Ms. Dominique Napolitano, Student, on behalf of Girl Scouts of the USA, Suffolk County, NY; Ms. 

Barbara-Jane ‘‘BJ’’ Paris, Member, National Association of 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 


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Protecting Student Athletes from Concussions Act.’’ The purpose of 

this legislative hearing was to look at the issue of concussions 

among high school athletes and the effects of traumatic brain injuries on a student’s academic achievement. Testifying before the 

committee were: Rev. Dr. Katherine E. Brearley, parent of the late 

Owen Thomas, South Whitehall Township, PA; Ms. Alison ConcaCheng, Centennial High School, Ellicott City, MD; Dr. Gerard A. 

Gioia, Ph.D., Chief, Division of Pediatric Neuropsychology, and Director, Safe Concussion Outcome, Recovery, and Education 

(SCORE) Program, Children’s National Medical Center, Washington, DC; Dr. Stanley Herring, M.D., Clinical Professor, Departments of Rehabilitation Medicine, Orthopedics and Sports Medicine, and Neurological Surgery, University of Washington, Co-Medical Director, Seattle Sports Concussion Program, Team Physician, 

Seattle Seahawks and Seattle Mariners, and Member, National 

Football League’s Head, Neck and Spine Committee, Seattle, WA; 

and Mr. Sean Morey, Executive Board Member, NFL Players Association, Toronto, Ontario. 

Legislative action—first session 

On January 28, 2009, the House of Representatives passed H.R. 

1, the American Recovery and Reinvestment Act (ARRA), introduced by Rep. David Obey (D–WI). H.R. 1 appropriated $14 billion 

for public school modernization, renovation, and repair. On February 12, 2009, the House passed the Conference Report to H.R. 1, 

which did not include dedicated funds for public school modernization, renovation, and repair. However, Title XIV of the bill, the 

State Fiscal Stabilization Fund, included $48.6 billion for states 

and local educational agencies, of which public school modernization, renovation, and repair (including modernization, renovation, 

and repair that complies with a recognized green building standard) is an authorized use. 

On April 30, 2009, Rep. Ben Chandler (D–KY), Rep. Robert Andrews (D–NJ), Rep. Joe Courtney (D–CT), Rep. Rau ́l Grijalva (D– 

AZ), Rep. Phil Hare (D–IL), Rep. Mazie Hirono (D–HI), Rep. Rush 

Holt (D–NJ), Rep. Dale Kildee (D–MI), Rep. David Loebsack (D– 

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. 


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• 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. 


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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 


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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, SuperVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00076 Fmt 6659 Sfmt 6602 E:\HR\OC\HR459P1.XXX HR459P1

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intendent, 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 


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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. 


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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. Rau ́l Grijalva (D–AZ) offered an amendment to prohibit 

state and local educational agencies from using funds allocated for 

English Language Acquisition, Language Enhancement, and Academic Achievement for any other purpose. The amendment failed 

by a vote of 17–23. 

• Rep. Rube ́n Hinojosa (D–TX) offered an amendment to prohibit 

state and local educational agencies from using funds allocated for 

the Education of Migratory Children for any other purpose. The 

amendment failed by a vote of 17–23. 

• Rep. Robert ‘‘Bobby’’ Scott (D–VA) offered an amendment to 

prohibit state and local educational agencies from using funds allocated for the Education of Neglected, Delinquent, or At-Risk Children for any other purpose. The amendment failed by a vote of 17– 

23. 

• Rep. Dale Kildee (D–MI) offered an amendment to prohibit 

local educational agencies from using funds allocated for Indian 


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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 reVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00080 Fmt 6659 Sfmt 6602 E:\HR\OC\HR459P1.XXX HR459P1

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ceive 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: 

Æ Make student achievement data, derived from a variety of 

sources, a significant part of the evaluation. 

Æ Use multiple measures of evaluation in assessing teacher 

performance. 

Æ Have more than two rating categories for the performance 

of teachers. 

Æ Make personnel decisions based on the evaluations, as determined by the school district. 


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Æ 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: 

Æ Increase access to or develop alternative certification or licensure routes. 

Æ Recruit, hire, and retain effective teachers. 

Æ Implement performance-based pay systems and differential incentive pay. 

Æ Create teacher advancement and multiple career paths. 

Æ Establish new teacher or school leader induction programs 

and teacher residency programs. 

Æ 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. 


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• 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. 


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• 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 longstanding 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. 


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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: 


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• 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 


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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 


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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 


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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 anticiVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00089 Fmt 6659 Sfmt 6602 E:\HR\OC\HR459P1.XXX HR459P1

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pates 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 


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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 


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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. 


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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. 


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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. 


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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. 


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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. 


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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. 


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EXPLANATION OF AMENDMENTS

The amendments, including the amendment in the nature of a 

substitute, are explained in the body of this report. 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch. H.R. 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. 


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CORRESPONDENCE

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


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STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause (3)(c) of House Rule XIII, the goal of 

H.R. 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. 


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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 


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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– 


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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. 

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. 


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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. 


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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. 


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(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. 

* * * * * * * 

øTITLE II—PREPARING, TRAINING, AND 

RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS 

øPART A—TEACHER AND PRINCIPAL 

TRAINING AND RECRUITING FUND 

øSEC. 2101. PURPOSE. 

øThe purpose of this part is to provide grants to State educational agencies, local educational agencies, State agencies for 

higher education, and eligible partnerships in order to— 

ø(1) increase student academic achievement through strategies such as improving teacher and principal quality and increasing the number of highly qualified teachers in the classroom and highly qualified principals and assistant principals 

in schools; and 

ø(2) hold local educational agencies and schools accountable 

for improvements in student academic achievement. 

øSEC. 2102. DEFINITIONS. 

øIn this part: 

ø(1) ARTS AND SCIENCES.—The term ‘‘arts and sciences’’ 

means— 

ø(A) when referring to an organizational unit of an institution of higher education, any academic unit that offers 

one or more academic majors in disciplines or content 

areas corresponding to the academic subjects in which 

teachers teach; and 

ø(B) when referring to a specific academic subject, the 

disciplines or content areas in which an academic major is 

offered by an organizational unit described in subparagraph (A). 

ø(2) CHARTER SCHOOL.—The term ‘‘charter school’’ has the 

meaning given the term in section 5210. 

ø(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘‘high-need local educational agency’’ means a local educational 

agency— 

ø(A)(i) that serves not fewer than 10,000 children from 

families with incomes below the poverty line; or 


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ø(ii) for which not less than 20 percent of the children 

served by the agency are from families with incomes below 

the poverty line; and 

ø(B)(i) for which there is a high percentage of teachers 

not teaching in the academic subjects or grade levels that 

the teachers were trained to teach; or 

ø(ii) for which there is a high percentage of teachers 

with emergency, provisional, or temporary certification or 

licensing. 

ø(4) HIGHLY QUALIFIED PARAPROFESSIONAL.—The term ‘‘highly qualified paraprofessional’’ means a paraprofessional who 

has not less than 2 years of— 

ø(A) experience in a classroom; and 

ø(B) postsecondary education or demonstrated competence in a field or academic subject for which there is a 

significant shortage of qualified teachers. 

ø(5) OUT-OF-FIELD TEACHER.—The term ‘‘out-of-field teacher’’ 

means a teacher who is teaching an academic subject or a 

grade level for which the teacher is not highly qualified. 

ø(6) PRINCIPAL.—The term ‘‘principal’’ includes an assistant 

principal. 

øSEC. 2103. AUTHORIZATIONS OF APPROPRIATIONS. 

ø(a) GRANTS TO STATES, LOCAL EDUCATIONAL AGENCIES, AND ELIGIBLE PARTNERSHIPS.—There are authorized to be appropriated to 

carry out this part (other than subpart 5) $3,175,000,000 for fiscal 

year 2002 and such sums as may be necessary for each of the 5 

succeeding fiscal years. 

ø(b) NATIONAL PROGRAMS.—There are authorized to be appropriated to carry out subpart 5 such sums as may be necessary for 

fiscal year 2002 and each of the 5 succeeding fiscal years. 

øSubpart 1—Grants to States 

øSEC. 2111. ALLOTMENTS TO STATES. 

ø(a) IN GENERAL.—The Secretary shall make grants to States 

with applications approved under section 2112 to pay for the Federal share of the cost of carrying out the activities specified in section 2113. Each grant shall consist of the allotment determined for 

a State under subsection (b). 

ø(b) DETERMINATION OF ALLOTMENTS.— 

ø(1) RESERVATION OF FUNDS.— 

ø(A) IN GENERAL.—From the total amount appropriated 

under section 2103(a) for a fiscal year, the Secretary shall 

reserve— 

ø(i) one-half of 1 percent for allotments for the 

United States Virgin Islands, Guam, American Samoa, 

and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on 

the basis of their relative need, as determined by the 

Secretary, in accordance with the purpose of this part; 

and 

ø(ii) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated 

or funded by the Bureau of Indian Affairs. 


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ø(2) STATE ALLOTMENTS.— 

ø(A) HOLD HARMLESS.— 

ø(i) IN GENERAL.—Subject to subparagraph (B), from 

the funds appropriated under section 2103(a) for any 

fiscal year and not reserved under paragraph (1), the 

Secretary shall allot to each of the 50 States, the District of Columbia, and the Commonwealth of Puerto 

Rico an amount equal to the total amount that such 

State received for fiscal year 2001 under— 

ø(I) section 2202(b) of this Act (as in effect on 

the day before the date of enactment of the No 

Child Left Behind Act of 2001); and 

ø(II) section 306 of the Department of Education 

Appropriations Act, 2001 (as enacted into law by 

section 1(a)(1) of Public Law 106–554). 

ø(ii) RATABLE REDUCTION.—If the funds described in 

clause (i) are insufficient to pay the full amounts that 

all States are eligible to receive under clause (i) for 

any fiscal year, the Secretary shall ratably reduce 

those amounts for the fiscal year. 

ø(B) ALLOTMENT OF ADDITIONAL FUNDS.— 

ø(i) IN GENERAL.—Subject to clause (ii), for any fiscal year for which the funds appropriated under section 2103(a) and not reserved under paragraph (1) exceed the total amount required to make allotments 

under subparagraph (A), the Secretary shall allot to 

each of the States described in subparagraph (A) the 

sum of— 

ø(I) an amount that bears the same relationship 

to 35 percent of the excess amount as the number 

of individuals age 5 through 17 in the State, as 

determined by the Secretary on the basis of the 

most recent satisfactory data, bears to the number 

of those individuals in all such States, as so determined; and 

ø(II) an amount that bears the same relationship to 65 percent of the excess amount as the 

number of individuals age 5 through 17 from families with incomes below the poverty line, in the 

State, as determined by the Secretary on the basis 

of the most recent satisfactory data, bears to the 

number of those individuals in all such States, as 

so determined. 

ø(ii) EXCEPTION.—No State receiving an allotment 

under clause (i) may receive less than one-half of 1 

percent of the total excess amount allotted under such 

clause for a fiscal year. 

ø(3) REALLOTMENT.—If any State does not apply for an allotment under this subsection for any fiscal year, the Secretary 

shall reallot the amount of the allotment to the remaining 

States in accordance with this subsection. 

øSEC. 2112. STATE APPLICATIONS. 

ø(a) IN GENERAL.—For a State to be eligible to receive a grant 

under this part, the State educational agency shall submit an apVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00114 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

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plication to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. 

ø(b) CONTENTS.—Each application submitted under this section 

shall include the following: 

ø(1) A description of how the activities to be carried out by 

the State educational agency under this subpart will be based 

on a review of scientifically based research and an explanation 

of why the activities are expected to improve student academic 

achievement. 

ø(2) A description of how the State educational agency will 

ensure that a local educational agency receiving a subgrant to 

carry out subpart 2 will comply with the requirements of such 

subpart. 

ø(3) A description of how the State educational agency will 

ensure that activities assisted under this subpart are aligned 

with challenging State academic content and student academic 

achievement standards, State assessments, and State and local 

curricula. 

ø(4) A description of how the State educational agency will 

use funds under this part to improve the quality of the State’s 

teachers and principals. 

ø(5)(A) A description of how the State educational agency 

will coordinate professional development activities authorized 

under this part with professional development activities provided under other Federal, State, and local programs. 

ø(B) A description of the comprehensive strategy that the 

State educational agency will use, as part of such coordination 

effort, to ensure that teachers are trained in the use of technology so that technology and applications of technology are effectively used in the classroom to improve teaching and learning in all curricula and academic subjects, as appropriate. 

ø(6) A description of how the State educational agency will 

encourage the development of proven, innovative strategies to 

deliver intensive professional development programs that are 

both cost-effective and easily accessible, such as strategies that 

involve delivery through the use of technology, peer networks, 

and distance learning. 

ø(7)(A) A description of how the State educational agency 

will ensure compliance with the requirements for professional 

development activities described in section 9101 and how the 

activities to be carried out under the grant will be developed 

collaboratively and based on the input of teachers, principals, 

parents, administrators, paraprofessionals, and other school 

personnel. 

ø(B) In the case of a State in which the State educational 

agency is not the entity responsible for teacher professional 

standards, certification, and licensing, an assurance that the 

State activities carried out under this subpart are carried out 

in conjunction with the entity responsible for such standards, 

certification, and licensing under State law. 

ø(8) A description of how the State educational agency will 

ensure that the professional development (including teacher 

mentoring) needs of teachers will be met using funds under 

this subpart and subpart 2. 


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ø(9) A description of the State educational agency’s annual 

measurable objectives under section 1119(a)(2). 

ø(10) A description of how the State educational agency will 

use funds under this part to meet the teacher and paraprofessional requirements of section 1119 and how the State educational agency will hold local educational agencies accountable for meeting the annual measurable objectives described in 

section 1119(a)(2). 

ø(11) In the case of a State that has a charter school law 

that exempts teachers from State certification and licensing requirements, the specific portion of the State law that provides 

for the exemption. 

ø(12) An assurance that the State educational agency will 

comply with section 9501 (regarding participation by private 

school children and teachers). 

ø(c) DEEMED APPROVAL.—An application submitted by a State 

educational agency pursuant to subsection (a) shall be deemed to 

be approved by the Secretary unless the Secretary makes a written 

determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, 

that the application is not in compliance with this subpart. 

ø(d) DISAPPROVAL.—The Secretary shall not finally disapprove 

the application, except after giving the State educational agency 

notice and an opportunity for a hearing. 

ø(e) NOTIFICATION.—If the Secretary finds that the application is 

not in compliance, in whole or in part, with this subpart, the Secretary shall— 

ø(1) give the State educational agency notice and an opportunity for a hearing; and 

ø(2) notify the State educational agency of the finding of noncompliance and, in such notification, shall— 

ø(A) cite the specific provisions in the application that 

are not in compliance; and 

ø(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. 

ø(f) RESPONSE.—If the State educational agency responds to the 

Secretary’s notification described in subsection (e)(2) during the 45- 

day period beginning on the date on which the agency received the 

notification, and resubmits the application with the requested information described in subsection (e)(2)(B), the Secretary shall approve or disapprove such application prior to the later of— 

ø(1) the expiration of the 45-day period beginning on the 

date on which the application is resubmitted; or 

ø(2) the expiration of the 120-day period described in subsection (c). 

ø(g) FAILURE TO RESPOND.—If the State educational agency does 

not respond to the Secretary’s notification described in subsection 

(e)(2) during the 45-day period beginning on the date on which the 

agency received the notification, such application shall be deemed 

to be disapproved. 

øSEC. 2113. STATE USE OF FUNDS. 

ø(a) IN GENERAL.—A State that receives a grant under section 

2111 shall— 


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ø(1) reserve 95 percent of the funds made available through 

the grant to make subgrants to local educational agencies as 

described in subpart 2; 

ø(2) reserve 2.5 percent (or, for a fiscal year described in subsection (b), the percentage determined under subsection (b)) of 

the funds to make subgrants to local partnerships as described 

in subpart 3; and 

ø(3) use the remainder of the funds for State activities described in subsection (c). 

ø(b) SPECIAL RULE.—For any fiscal year for which the total 

amount that would be reserved by all States under subsection 

(a)(2), if the States applied a 2.5 percentage rate, exceeds 

$125,000,000, the Secretary shall determine an alternative percentage that the States shall apply for that fiscal year under subsection 

(a)(2) so that the total amount reserved by all States under subsection (a)(2) equals $125,000,000. 

ø(c) STATE ACTIVITIES.—The State educational agency for a State 

that receives a grant under section 2111 shall use the funds described in subsection (a)(3) to carry out one or more of the following 

activities, which may be carried out through a grant or contract 

with a for-profit or nonprofit entity: 

ø(1) Reforming teacher and principal certification (including 

recertification) or licensing requirements to ensure that— 

ø(A)(i) teachers have the necessary subject matter 

knowledge and teaching skills in the academic subjects 

that the teachers teach; and 

ø(ii) principals have the instructional leadership skills to 

help teachers teach and students learn; 

ø(B) teacher certification (including recertification) or licensing requirements are aligned with challenging State 

academic content standards; and 

ø(C) teachers have the subject matter knowledge and 

teaching skills, including technology literacy, and principals have the instructional leadership skills, necessary to 

help students meet challenging State student academic 

achievement standards. 

ø(2) Carrying out programs that provide support to teachers 

or principals, including support for teachers and principals new 

to their profession, such as programs that— 

ø(A) provide teacher mentoring, team teaching, reduced 

class schedules, and intensive professional development; 

and 

ø(B) use standards or assessments for guiding beginning 

teachers that are consistent with challenging State student 

academic achievement standards and with the requirements for professional development activities described in 

section 9101. 

ø(3) Carrying out programs that establish, expand, or improve alternative routes for State certification of teachers and 

principals, especially in the areas of mathematics and science, 

for highly qualified individuals with a baccalaureate or master’s degree, including mid-career professionals from other occupations, paraprofessionals, former military personnel, and 

recent college or university graduates with records of academic 


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distinction who demonstrate the potential to become highly effective teachers or principals. 

ø(4) Developing and implementing mechanisms to assist 

local educational agencies and schools in effectively recruiting 

and retaining highly qualified teachers, including specialists in 

core academic subjects, principals, and pupil services personnel, except that funds made available under this paragraph 

may be used for pupil services personnel only— 

ø(A) if the State educational agency is making progress 

toward meeting the annual measurable objectives described in section 1119(a)(2); and 

ø(B) in a manner consistent with mechanisms to assist 

local educational agencies and schools in effectively recruiting and retaining highly qualified teachers and principals. 

ø(5) Reforming tenure systems, implementing teacher testing 

for subject matter knowledge, and implementing teacher testing for State certification or licensing, consistent with title II 

of the Higher Education Act of 1965. 

ø(6) Providing professional development for teachers and 

principals and, in cases in which a State educational agency 

determines support to be appropriate, supporting the participation of pupil services personnel in the same type of professional 

development activities as are made available to teachers and 

principals. 

ø(7) Developing systems to measure the effectiveness of specific professional development programs and strategies to document gains in student academic achievement or increases in 

teacher mastery of the academic subjects the teachers teach. 

ø(8) Fulfilling the State educational agency’s responsibilities 

concerning proper and efficient administration of the programs 

carried out under this part, including provision of technical assistance to local educational agencies. 

ø(9) Funding projects to promote reciprocity of teacher and 

principal certification or licensing between or among States, 

except that no reciprocity agreement developed under this 

paragraph or developed using funds provided under this part 

may lead to the weakening of any State teaching certification 

or licensing requirement. 

ø(10) Developing or assisting local educational agencies in 

the development and use of proven, innovative strategies to deliver intensive professional development programs that are 

both cost-effective and easily accessible, such as strategies that 

involve delivery through the use of technology, peer networks, 

and distance learning. 

ø(11) Encouraging and supporting the training of teachers 

and administrators to effectively integrate technology into curricula and instruction, including training to improve the ability 

to collect, manage, and analyze data to improve teaching, decisionmaking, school improvement efforts, and accountability. 

ø(12) Developing, or assisting local educational agencies in 

developing, merit-based performance systems, and strategies 

that provide differential and bonus pay for teachers in highneed academic subjects such as reading, mathematics, and 

science and teachers in high-poverty schools and districts. 


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ø(13) Providing assistance to local educational agencies for 

the development and implementation of professional development programs for principals that enable the principals to be 

effective school leaders and prepare all students to meet challenging State academic content and student academic achievement standards, and the development and support of school 

leadership academies to help exceptionally talented aspiring or 

current principals and superintendents become outstanding 

managers and educational leaders. 

ø(14) Developing, or assisting local educational agencies in 

developing, teacher advancement initiatives that promote professional growth and emphasize multiple career paths (such as 

paths to becoming a career teacher, mentor teacher, or exemplary teacher) and pay differentiation. 

ø(15) Providing assistance to teachers to enable them to 

meet certification, licensing, or other requirements needed to 

become highly qualified by the end of the fourth year for which 

the State receives funds under this part (as amended by the 

No Child Left Behind Act of 2001). 

ø(16) Supporting activities that ensure that teachers are able 

to use challenging State academic content standards and student academic achievement standards, and State assessments, 

to improve instructional practices and improve student academic achievement. 

ø(17) Funding projects and carrying out programs to encourage men to become elementary school teachers. 

ø(18) Establishing and operating a center that— 

ø(A) serves as a statewide clearinghouse for the recruitment and placement of kindergarten, elementary school, 

and secondary school teachers; and 

ø(B) establishes and carries out programs to improve 

teacher recruitment and retention within the State. 

ø(d) ADMINISTRATIVE COSTS.—A State educational agency or 

State agency for higher education receiving a grant under this part 

may use not more than 1 percent of the grant funds for planning 

and administration related to carrying out activities under subsection (c) and subpart 3. 

ø(e) COORDINATION.—A State that receives a grant to carry out 

this subpart and a grant under section 202 of the Higher Education 

Act of 1965 shall coordinate the activities carried out under this 

subpart and the activities carried out under that section. 

ø(f) SUPPLEMENT, NOT SUPPLANT.—Funds received under this 

subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized 

under this subpart. 

øSubpart 2—Subgrants to Local Educational 

Agencies 

øSEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES. 

ø(a) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— ø(1) IN GENERAL.—The Secretary may make a grant to a 

State under subpart 1 only if the State educational agency 

agrees to distribute the funds described in this subsection as 

subgrants to local educational agencies under this subpart. 


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ø(2) HOLD HARMLESS.— 

ø(A) IN GENERAL.—From the funds reserved by a State 

under section 2113(a)(1), the State educational agency 

shall allocate to each local educational agency in the State 

an amount equal to the total amount that such agency received for fiscal year 2001 under— 

ø(i) section 2203(1)(B) of this Act (as in effect on the 

day before the date of enactment of the No Child Left 

Behind Act of 2001); and 

ø(ii) section 306 of the Department of Education Appropriations Act, 2001 (as enacted into law by section 

1(a)(1) of Public Law 106–554). 

ø(B) NONPARTICIPATING AGENCIES.—In the case of a local 

educational agency that did not receive any funds for fiscal 

year 2001 under one or both of the provisions referred to 

in clauses (i) and (ii) of subparagraph (A), the amount allocated to the agency under such subparagraph shall be the 

total amount that the agency would have received for fiscal 

year 2001 if the agency had elected to participate in all of 

the programs for which the agency was eligible under each 

of the provisions referred to in those clauses. 

ø(C) RATABLE REDUCTION.—If the funds described in 

subparagraph (A) are insufficient to pay the full amounts 

that all local educational agencies in the State are eligible 

to receive under subparagraph (A) for any fiscal year, the 

State educational agency shall ratably reduce such 

amounts for the fiscal year. 

ø(3) ALLOCATION OF ADDITIONAL FUNDS.—For any fiscal year 

for which the funds reserved by a State under section 

2113(a)(1) exceed the total amount required to make allocations under paragraph (2), the State educational agency shall 

allocate to each of the eligible local educational agencies in the 

State the sum of— 

ø(A) an amount that bears the same relationship to 20 

percent of the excess amount as the number of individuals 

age 5 through 17 in the geographic area served by the 

agency, as determined by the Secretary on the basis of the 

most recent satisfactory data, bears to the number of those 

individuals in the geographic areas served by all the local 

educational agencies in the State, as so determined; and 

ø(B) an amount that bears the same relationship to 80 

percent of the excess amount as the number of individuals 

age 5 through 17 from families with incomes below the 

poverty line in the geographic area served by the agency, 

as determined by the Secretary on the basis of the most 

recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined. 

øSEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESSMENT. 

ø(a) IN GENERAL.—To be eligible to receive a subgrant under this 

subpart, a local educational agency shall submit an application to 

the State educational agency at such time, in such manner, and 

containing such information as the State educational agency may 

reasonably require. 


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ø(b) CONTENTS.—Each application submitted under this section 

shall be based on the needs assessment required in subsection (c) 

and shall include the following: 

ø(1)(A) A description of the activities to be carried out by the 

local educational agency under this subpart and how these activities will be aligned with— 

ø(i) challenging State academic content standards and 

student academic achievement standards, and State assessments; and 

ø(ii) the curricula and programs tied to the standards 

described in clause (i). 

ø(B) A description of how the activities will be based on a review of scientifically based research and an explanation of why 

the activities are expected to improve student academic 

achievement. 

ø(2) A description of how the activities will have a substantial, measurable, and positive impact on student academic 

achievement and how the activities will be used as part of a 

broader strategy to eliminate the achievement gap that separates low-income and minority students from other students. 

ø(3) An assurance that the local educational agency will target funds to schools within the jurisdiction of the local educational agency that— 

ø(A) have the lowest proportion of highly qualified teachers; 

ø(B) have the largest average class size; or 

ø(C) are identified for school improvement under section 

1116(b). 

ø(4) A description of how the local educational agency will 

coordinate professional development activities authorized 

under this subpart with professional development activities 

provided through other Federal, State, and local programs. 

ø(5) A description of the professional development activities 

that will be made available to teachers and principals under 

this subpart and how the local educational agency will ensure 

that the professional development (which may include teacher 

mentoring) needs of teachers and principals will be met using 

funds under this subpart. 

ø(6) A description of how the local educational agency will 

integrate funds under this subpart with funds received under 

part D that are used for professional development to train 

teachers to integrate technology into curricula and instruction 

to improve teaching, learning, and technology literacy. 

ø(7) A description of how the local educational agency, teachers, paraprofessionals, principals, other relevant school personnel, and parents have collaborated in the planning of activities to be carried out under this subpart and in the preparation 

of the application. 

ø(8) A description of the results of the needs assessment described in subsection (c). 

ø(9) A description of how the local educational agency will 

provide training to enable teachers to— 

ø(A) teach and address the needs of students with different learning styles, particularly students with disabilities, students with special learning needs (including stuVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00121 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

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dents who are gifted and talented), and students with limited English proficiency; 

ø(B) improve student behavior in the classroom and 

identify early and appropriate interventions to help students described in subparagraph (A) learn; 

ø(C) involve parents in their child’s education; and 

ø(D) understand and use data and assessments to improve classroom practice and student learning. 

ø(10) A description of how the local educational agency will 

use funds under this subpart to meet the requirements of section 1119. 

ø(11) An assurance that the local educational agency will 

comply with section 9501 (regarding participation by private 

school children and teachers). 

ø(c) NEEDS ASSESSMENT.— ø(1) IN GENERAL.—To be eligible to receive a subgrant under 

this subpart, a local educational agency shall conduct an assessment of local needs for professional development and hiring, as identified by the local educational agency and school 

staff. 

ø(2) REQUIREMENTS.—Such needs assessment shall be conducted with the involvement of teachers, including teachers 

participating in programs under part A of title I, and shall 

take into account the activities that need to be conducted in 

order to give teachers the means, including subject matter 

knowledge and teaching skills, and to give principals the instructional leadership skills to help teachers, to provide students with the opportunity to meet challenging State and local 

student academic achievement standards. 

øSEC. 2123. LOCAL USE OF FUNDS. 

ø(a) IN GENERAL.—A local educational agency that receives a 

subgrant under section 2121 shall use the funds made available 

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: 

ø(1) Developing and implementing mechanisms to assist 

schools in effectively recruiting and retaining highly qualified 

teachers, including specialists in core academic subjects, principals, and pupil services personnel, except that funds made 

available under this paragraph may be used for pupil services 

personnel only— 

ø(A) if the local educational agency is making progress 

toward meeting the annual measurable objectives described in section 1119(a)(2); and 

ø(B) in a manner consistent with mechanisms to assist 

schools in effectively recruiting and retaining highly qualified teachers and principals. 

ø(2) Developing and implementing initiatives to assist in recruiting highly qualified teachers (particularly initiatives that 

have proven effective in retaining highly qualified teachers), 

and hiring highly qualified teachers, who will be assigned 

teaching positions within their fields, including— 

ø(A) providing scholarships, signing bonuses, or other financial incentives, such as differential pay, for teachers to 

teach— 


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ø(i) in academic subjects in which there exists a 

shortage of highly qualified teachers within a school or 

within the local educational agency; and 

ø(ii) in schools in which there exists a shortage of 

highly qualified teachers; 

ø(B) recruiting and hiring highly qualified teachers to 

reduce class size, particularly in the early grades; and 

ø(C) establishing programs that— 

ø(i) train and hire regular and special education 

teachers (which may include hiring special education 

teachers to team-teach in classrooms that contain both 

children with disabilities and nondisabled children); 

ø(ii) train and hire highly qualified teachers of special needs children, as well as teaching specialists in 

core academic subjects who will provide increased individualized instruction to students; 

ø(iii) recruit qualified professionals from other fields, 

including highly qualified paraprofessionals, and provide such professionals with alternative routes to 

teacher certification, including developing and implementing hiring policies that ensure comprehensive recruitment efforts as a way to expand the applicant 

pool, such as through identifying teachers certified 

through alternative routes, and using a system of intensive screening designed to hire the most qualified 

applicants; and 

ø(iv) provide increased opportunities for minorities, 

individuals with disabilities, and other individuals 

underrepresented in the teaching profession. 

ø(3) Providing professional development activities— 

ø(A) that improve the knowledge of teachers and principals and, in appropriate cases, paraprofessionals, concerning— 

ø(i) one or more of the core academic subjects that 

the teachers teach; and 

ø(ii) effective instructional strategies, methods, and 

skills, and use of challenging State academic content 

standards and student academic achievement standards, and State assessments, to improve teaching 

practices and student academic achievement; and 

ø(B) that improve the knowledge of teachers and principals and, in appropriate cases, paraprofessionals, concerning effective instructional practices and that— 

ø(i) involve collaborative groups of teachers and administrators; 

ø(ii) provide training in how to teach and address 

the needs of students with different learning styles, 

particularly students with disabilities, students with 

special learning needs (including students who are 

gifted and talented), and students with limited 

English proficiency; 

ø(iii) provide training in methods of— 

ø(I) improving student behavior in the classroom; and 


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ø(II) identifying early and appropriate interventions to help students described in clause (ii) 

learn; 

ø(iv) provide training to enable teachers and principals to involve parents in their child’s education, especially parents of limited English proficient and immigrant children; and 

ø(v) provide training on how to understand and use 

data and assessments to improve classroom practice 

and student learning. 

ø(4) Developing and implementing initiatives to promote retention of highly qualified teachers and principals, particularly 

within elementary schools and secondary schools with a high 

percentage of low-achieving students, including programs that 

provide— 

ø(A) teacher mentoring from exemplary teachers, principals, or superintendents; 

ø(B) induction and support for teachers and principals 

during their first 3 years of employment as teachers or 

principals, respectively; 

ø(C) incentives, including financial incentives, to retain 

teachers who have a record of success in helping lowachieving students improve their academic achievement; or 

ø(D) incentives, including financial incentives, to principals who have a record of improving the academic 

achievement of all students, but particularly students from 

economically disadvantaged families, students from racial 

and ethnic minority groups, and students with disabilities. 

ø(5) Carrying out programs and activities that are designed 

to improve the quality of the teacher force, such as— 

ø(A) innovative professional development programs 

(which may be provided through partnerships including institutions of higher education), including programs that 

train teachers and principals to integrate technology into 

curricula and instruction to improve teaching, learning, 

and technology literacy, are consistent with the requirements of section 9101, and are coordinated with activities 

carried out under part D; 

ø(B) development and use of proven, cost-effective strategies for the implementation of professional development 

activities, such as through the use of technology and distance learning; 

ø(C) tenure reform; 

ø(D) merit pay programs; and 

ø(E) testing of elementary school and secondary school 

teachers in the academic subjects that the teachers teach. 

ø(6) Carrying out professional development activities designed to improve the quality of principals and superintendents, including the development and support of academies to 

help talented aspiring or current principals and superintendents become outstanding managers and educational leaders. 

ø(7) Hiring highly qualified teachers, including teachers who 

become highly qualified through State and local alternative 

routes to certification, and special education teachers, in order 

to reduce class size, particularly in the early grades. 


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ø(8) Carrying out teacher advancement initiatives that promote professional growth and emphasize multiple career paths 

(such as paths to becoming a career teacher, mentor teacher, 

or exemplary teacher) and pay differentiation. 

ø(10) Carrying out programs and activities related to exemplary teachers. 

ø(b) SUPPLEMENT, NOT SUPPLANT.—Funds received under this 

subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized 

under this subpart. 

øSubpart 3—Subgrants to Eligible Partnerships 

øSEC. 2131. DEFINITIONS. 

øIn this subpart: 

ø(1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible partnership’’ 

means an entity that— 

ø(A) shall include— 

ø(i) a private or State institution of higher education 

and the division of the institution that prepares teachers and principals; 

ø(ii) a school of arts and sciences; and 

ø(iii) a high-need local educational agency; and 

ø(B) may include another local educational agency, a 

public charter school, an elementary school or secondary 

school, an educational service agency, a nonprofit educational organization, another institution of higher education, a school of arts and sciences within such an institution, the division of such an institution that prepares 

teachers and principals, a nonprofit cultural organization, 

an entity carrying out a prekindergarten program, a teacher organization, a principal organization, or a business. 

ø(2) LOW-PERFORMING SCHOOL.—The term ‘‘low-performing 

school’’ means an elementary school or secondary school that is 

identified under section 1116. 

øSEC. 2132. SUBGRANTS. 

ø(a) IN GENERAL.—The State agency for higher education for a 

State that receives a grant under section 2111, working in conjunction with the State educational agency (if such agencies are separate), shall use the funds reserved under section 2113(a)(2) to make 

subgrants, on a competitive basis, to eligible partnerships to enable 

such partnerships to carry out the activities described in section 

2134. 

ø(b) DISTRIBUTION.—The State agency for higher education shall 

ensure that— 

ø(1) such subgrants are equitably distributed by geographic 

area within a State; or 

ø(2) eligible partnerships in all geographic areas within the 

State are served through the subgrants. 

ø(c) SPECIAL RULE.—No single participant in an eligible partnership may use more than 50 percent of the funds made available to 

the partnership under this section. 


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øSEC. 2133. APPLICATIONS. 

øTo be eligible to receive a subgrant under this subpart, an eligible partnership shall submit an application to the State agency for 

higher education at such time, in such manner, and containing 

such information as the agency may require. 

øSEC. 2134. USE OF FUNDS. 

ø(a) IN GENERAL.—An eligible partnership that receives a 

subgrant under section 2132 shall use the subgrant funds for— 

ø(1) professional development activities in core academic 

subjects to ensure that— 

ø(A) teachers and highly qualified paraprofessionals, 

and, if appropriate, principals have subject matter knowledge in the academic subjects that the teachers teach, including the use of computer related technology to enhance 

student learning; and 

ø(B) principals have the instructional leadership skills 

that will help such principals work most effectively with 

teachers to help students master core academic subjects; 

and 

ø(2) developing and providing assistance to local educational 

agencies and individuals who are teachers, highly qualified 

paraprofessionals, or principals of schools served by such agencies, for sustained, high-quality professional development activities that— 

ø(A) ensure that the individuals are able to use challenging State academic content standards and student academic achievement standards, and State assessments, to 

improve instructional practices and improve student academic achievement; 

ø(B) may include intensive programs designed to prepare 

such individuals who will return to a school to provide instruction related to the professional development described 

in subparagraph (A) to other such individuals within such 

school; and 

ø(C) may include activities of partnerships between one 

or more local educational agencies, one or more schools 

served by such local educational agencies, and one or more 

institutions of higher education for the purpose of improving teaching and learning at low-performing schools. 

ø(b) COORDINATION.—An eligible partnership that receives a 

subgrant to carry out this subpart and a grant under section 203 

of the Higher Education Act of 1965 shall coordinate the activities 

carried out under this subpart and the activities carried out under 

that section 203. 

øSubpart 4—Accountability 

øSEC. 2141. TECHNICAL ASSISTANCE AND ACCOUNTABILITY. 

ø(a) IMPROVEMENT PLAN.—After the second year of the plan described in section 1119(a)(2), if a State educational agency determines, based on the reports described in section 1119(b)(1), that a 

local educational agency in the State has failed to make progress 

toward meeting the annual measurable objectives described in section 1119(a)(2), for 2 consecutive years, such local educational 


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agency shall develop an improvement plan that will enable the 

agency to meet such annual measurable objectives and that specifically addresses issues that prevented the agency from meeting such 

annual measurable objectives. 

ø(b) TECHNICAL ASSISTANCE.—During the development of the improvement plan described in subsection (a) and throughout implementation of the plan, the State educational agency shall— 

ø(1) provide technical assistance to the local educational 

agency; and 

ø(2) provide technical assistance, if applicable, to schools 

served by the local educational agency that need assistance to 

enable the local educational agency to meet the annual measurable objectives described in section 1119(a)(2). 

ø(c) ACCOUNTABILITY.—After the third year of the plan described 

in section 1119(a)(2), if the State educational agency determines, 

based on the reports described in section 1119(b)(1), that the local 

educational agency has failed to make progress toward meeting the 

annual measurable objectives described in section 1119(a)(2), and 

has failed to make adequate yearly progress as described under 

section 1111(b)(2)(B), for 3 consecutive years, the State educational 

agency shall enter into an agreement with such local educational 

agency on the use of that agency’s funds under this part. As part 

of this agreement, the State educational agency— 

ø(1) shall develop, in conjunction with the local educational 

agency, teachers, and principals, professional development 

strategies and activities, based on scientifically based research, 

that the local educational agency will use to meet the annual 

measurable objectives described in section 1119(a)(2) and require such agency to utilize such strategies and activities; and 

ø(2)(A) except as provided in subparagraphs (B) and (C), 

shall prohibit the use of funds received under part A of title 

I to fund any paraprofessional hired after the date such determination is made; 

ø(B) shall allow the use of such funds to fund a paraprofessional hired after that date if the local educational agency can 

demonstrate that the hiring is to fill a vacancy created by the 

departure of another paraprofessional funded under title I and 

such new paraprofessional satisfies the requirements of section 

1119(c); and 

ø(C) may allow the use of such funds to fund a paraprofessional hired after that date if the local educational agency can 

demonstrate— 

ø(i) that a significant influx of population has substantially increased student enrollment; or 

ø(ii) that there is an increased need for translators or assistance with parental involvement activities. 

ø(d) SPECIAL RULE.—During the development of the strategies 

and activities described in subsection (c)(1), the State educational 

agency shall, in conjunction with the local educational agency, provide from funds allocated to such local educational agency under 

subpart 2 directly to one or more schools served by such local educational agency, to enable teachers at the schools to choose, with 

continuing consultation with the principal involved, professional 

development activities that— 


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ø(1) meet the requirements for professional development activities described in section 9101; and 

ø(2) are coordinated with other reform efforts at the schools. 

øSubpart 5—National Activities 

øSEC. 2151. NATIONAL ACTIVITIES OF DEMONSTRATED EFFECTIVENESS. 

ø(a) NATIONAL TEACHER RECRUITMENT CAMPAIGN.—The Secretary is authorized to establish and carry out a national teacher 

recruitment campaign, which may include activities carried out 

through the National Teacher Recruitment Clearinghouse, to assist 

high-need local educational agencies in recruiting teachers (particularly those activities that are effective in retaining new teachers) 

and training teachers and to conduct a national public service campaign concerning the resources for, and the routes to, entering the 

field of teaching. In carrying out the campaign, the Secretary may 

promote and link the activities of the campaign to the information 

and referral activities of the National Teacher Recruitment Clearinghouse. The Secretary shall coordinate activities under this subsection with State and regional recruitment activities. 

ø(b) SCHOOL LEADERSHIP.— ø(1) IN GENERAL.—The Secretary is authorized to establish 

and carry out a national principal recruitment program to assist high-need local educational agencies in recruiting and 

training principals (including assistant principals) through 

such activities as— 

ø(A) providing financial incentives to aspiring new principals; 

ø(B) providing stipends to principals who mentor new 

principals; 

ø(C) carrying out professional development programs in 

instructional leadership and management; and 

ø(D) providing incentives that are appropriate for teachers or individuals from other fields who want to become 

principals and that are effective in retaining new principals. 

ø(2) GRANTS.—If the Secretary uses sums made available 

under section 2103(b) to carry out paragraph (1), the Secretary 

shall carry out such paragraph by making grants, on a competitive basis, to— 

ø(A) high-need local educational agencies; 

ø(B) consortia of high-need local educational agencies; 

and 

ø(C) partnerships of high-need local educational agencies, nonprofit organizations, and institutions of higher 

education. 

ø(c) ADVANCED CERTIFICATION OR ADVANCED CREDENTIALING.— 

ø(1) IN GENERAL.—The Secretary is authorized to support activities to encourage and support teachers seeking advanced 

certification or advanced credentialing through high quality 

professional teacher enhancement programs designed to improve teaching and learning. 

ø(2) IMPLEMENTATION.—In carrying out paragraph (1), the 

Secretary shall make grants to eligible entities to— 


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ø(A) develop teacher standards that include measures 

tied to increased student academic achievement; and 

ø(B) promote outreach, teacher recruitment, teacher subsidy, or teacher support programs, related to teacher certification or credentialing by the National Board for Professional Teaching Standards, the National Council on 

Teacher Quality, or other nationally recognized certification or credentialing organizations. 

ø(3) ELIGIBLE ENTITIES.—In this subsection, the term ‘‘eligible entity’’ includes— 

ø(A) a State educational agency; 

ø(B) a local educational agency; 

ø(C) the National Board for Professional Teaching 

Standards, in partnership with a high-need local educational agency or a State educational agency; 

ø(D) the National Council on Teacher Quality, in partnership with a high-need local educational agency or a 

State educational agency; or 

ø(E) another recognized entity, including another recognized certification or credentialing organization, in partnership with a high-need local educational agency or a 

State educational agency. 

ø(d) SPECIAL EDUCATION TEACHER TRAINING.—The Secretary is 

authorized to award a grant to the University of Northern Colorado 

to enable such university to provide, to other institutions of higher 

education, assistance in training special education teachers. 

ø(e) EARLY CHILDHOOD EDUCATOR PROFESSIONAL DEVELOP- MENT.— 

ø(1) PURPOSE.—The purpose of this subsection is to enhance 

the school readiness of young children, particularly disadvantaged young children, and to prevent young children from encountering difficulties once the children enter school, by improving the knowledge and skills of early childhood educators 

who work in communities that have high concentrations of 

children living in poverty. 

ø(2) PROGRAM AUTHORIZED.— ø(A) GRANTS TO PARTNERSHIPS.—The Secretary is authorized to carry out the purpose of this subsection by 

awarding grants, on a competitive basis, to partnerships 

consisting of— 

ø(i)(I) one or more institutions of higher education 

that provide professional development for early childhood educators who work with children from low-income families in high-need communities; or 

ø(II) another public or private entity that provides 

such professional development; 

ø(ii) one or more public agencies (including local 

educational agencies, State educational agencies, State 

human services agencies, and State and local agencies 

administering programs under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et 

seq.), Head Start agencies, or private organizations; 

and 

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cators in early childhood education programs concerning identifying and preventing behavior problems 

or working with children identified as or suspected to 

be victims of abuse. 

ø(B) DURATION AND NUMBER OF GRANTS.— ø(i) DURATION.—The Secretary shall award grants 

under this subsection for periods of not more than 4 

years. 

ø(ii) NUMBER.—No partnership may receive more 

than one grant under this subsection. 

ø(3) APPLICATIONS.— ø(A) APPLICATIONS REQUIRED.—Any partnership that desires to receive a grant under this subsection shall submit 

an application to the Secretary at such time, in such manner, and containing such information as the Secretary may 

require. 

ø(B) CONTENTS.—Each such application shall include— 

ø(i) a description of the high-need community to be 

served by the project proposed to be carried out 

through the grant, including such demographic and socioeconomic information as the Secretary may request; 

ø(ii) information on the quality of the early childhood educator professional development program currently conducted (as of the date of the submission of 

the application) by the institution of higher education 

or another provider in the partnership; 

ø(iii) the results of a needs assessment that the entities in the partnership have undertaken to determine 

the most critical professional development needs of the 

early childhood educators to be served by the partnership and in the broader community, and a description 

of how the proposed project will address those needs; 

ø(iv) a description of how the proposed project will 

be carried out, including a description of— 

ø(I) how individuals will be selected to participate; 

ø(II) the types of professional development activities, based on scientifically based research, 

that will be carried out; 

ø(III) how research on effective professional development and on adult learning will be used to 

design and deliver project activities; 

ø(IV) how the project will be coordinated with 

and build on, and will not supplant or duplicate, 

early childhood education professional development activities in the high-need community; 

ø(V) how the project will train early childhood 

educators to provide developmentally appropriate 

school-readiness services that are based on the 

best available research on early childhood pedagogy and child development and learning domains; 

ø(VI) how the project will train early childhood 

educators to meet the diverse educational needs of 

children in the community, including children who 

have limited English proficiency, children with 


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disabilities, or children with other special needs; 

and 

ø(VII) how the project will train early childhood 

educators in identifying and preventing behavioral 

problems in children or working with children 

identified as or suspected to be victims of abuse; 

ø(v) a description of— 

ø(I) the specific objectives that the partnership 

will seek to attain through the project, and the 

methods that the partnership will use to measure 

progress toward attainment of those objectives; 

and 

ø(II) how the objectives and the measurement 

methods align with the achievement indicators established by the Secretary under paragraph (6)(A); 

ø(vi) a description of the partnership’s plan for continuing the activities carried out under the project 

after Federal funding ceases; 

ø(vii) an assurance that, where applicable, the 

project will provide appropriate professional development to volunteers working directly with young children, as well as to paid staff; and 

ø(viii) an assurance that, in developing the application and in carrying out the project, the partnership 

has consulted with, and will consult with, relevant 

agencies, early childhood educator organizations, and 

early childhood providers that are not members of the 

partnership. 

ø(4) SELECTION OF GRANT RECIPIENTS.— 

ø(A) CRITERIA.—The Secretary shall select partnerships 

to receive grants under this subsection on the basis of the 

degree to which the communities proposed to be served require assistance and the quality of the applications submitted under paragraph (3). 

ø(B) GEOGRAPHIC DISTRIBUTION.—In selecting partnerships to receive grants under this subsection, the Secretary 

shall seek to ensure that communities in different regions 

of the Nation, as well as both urban and rural communities, are served. 

ø(5) USES OF FUNDS.— 

ø(A) IN GENERAL.—Each partnership receiving a grant 

under this subsection shall use the grant funds to carry 

out activities that will improve the knowledge and skills of 

early childhood educators who are working in early childhood programs that are located in high-need communities 

and serve concentrations of children from low-income families. 

ø(B) ALLOWABLE ACTIVITIES.—Such activities may include— 

ø(i) professional development for early childhood 

educators, particularly to familiarize those educators 

with the application of recent research on child, language, and literacy development and on early childhood pedagogy; 


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ø(ii) professional development for early childhood 

educators in working with parents, so that the educators and parents can work together to provide and 

support developmentally appropriate school-readiness 

services that are based on scientifically based research 

on early childhood pedagogy and child development 

and learning domains; 

ø(iii) professional development for early childhood 

educators to work with children who have limited 

English proficiency, children with disabilities, and 

children with other special needs; 

ø(iv) professional development to train early childhood educators in identifying and preventing behavioral problems in children or working with children 

identified as or suspected to be victims of abuse; 

ø(v) activities that assist and support early childhood educators during their first 3 years in the field; 

ø(vi) development and implementation of early 

childhood educator professional development programs 

that make use of distance learning and other technologies; 

ø(vii) professional development activities related to 

the selection and use of screening and diagnostic assessments to improve teaching and learning; and 

ø(viii) data collection, evaluation, and reporting 

needed to meet the requirements of paragraph (6) relating to accountability. 

ø(6) ACCOUNTABILITY.— ø(A) ACHIEVEMENT INDICATORS.—On the date on 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— 

ø(i) to measure the quality and accessibility of the 

professional development provided; 

ø(ii) to measure the impact of that professional development on the early childhood education provided 

by the individuals who receive the professional development; and 

ø(iii) to provide such other measures of program impact as the Secretary determines to be appropriate. 

ø(B) ANNUAL REPORTS; TERMINATION.— 

ø(i) ANNUAL REPORTS.—Each partnership receiving a 

grant under this subsection shall report annually to 

the Secretary on the partnership’s progress toward attaining the achievement indicators. 

ø(ii) TERMINATION.—The Secretary may terminate a 

grant under this subsection at any time if the Secretary determines that the partnership receiving the 

grant is not making satisfactory progress toward attaining the achievement indicators. 

ø(7) COST-SHARING.— ø(A) IN GENERAL.—Each partnership carrying out a 

project through a grant awarded under this subsection 

shall provide, from sources other than the program carried 


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out under this subsection, which may include Federal 

sources— 

ø(i) at least 50 percent of the total cost of the project 

for the grant period; and 

ø(ii) at least 20 percent of the project cost for each 

year. 

ø(B) ACCEPTABLE CONTRIBUTIONS.—A partnership may 

meet the requirements of subparagraph (A) by providing 

contributions in cash or in kind, fairly evaluated, including 

plant, equipment, and services. 

ø(C) WAIVERS.—The Secretary may waive or modify the 

requirements of subparagraph (A) for partnerships in 

cases of demonstrated financial hardship. 

ø(8) FEDERAL COORDINATION.—The Secretary and the Secretary of Health and Human Services shall coordinate activities carried out through programs under this subsection with 

activities carried out through other early childhood programs 

administered by the Secretary or the Secretary of Health and 

Human Services. 

ø(9) DEFINITIONS.—In this subsection: 

ø(A) EARLY CHILDHOOD EDUCATOR.—The term ‘‘early 

childhood educator’’ means a person providing, or employed by a provider of, nonresidential child care services 

(including center-based, family-based, and in-home child 

care services) that is legally operating under State law, 

and that complies with applicable State and local requirements for the provision of child care services to children at 

any age from birth through the age at which a child may 

start kindergarten in that State. 

ø(B) HIGH-NEED COMMUNITY.— ø(i) IN GENERAL.—The term ‘‘high-need community’’ 

means— 

ø(I) a political subdivision of a State, or a portion of a political subdivision of a State, in which 

at least 50 percent of the children are from lowincome families; or 

ø(II) a political subdivision of a State that is 

among the 10 percent of political subdivisions of 

the State having the greatest numbers of such 

children. 

ø(ii) DETERMINATION.—In determining which communities are described in clause (i), the Secretary 

shall use such data as the Secretary determines are 

most accurate and appropriate. 

ø(C) LOW-INCOME FAMILY.—The term ‘‘low-income family’’ means a family with an income below the poverty line 

for the most recent fiscal year for which satisfactory data 

are available. 

ø(f) TEACHER MOBILITY.— ø(1) ESTABLISHMENT.—The Secretary is authorized to establish a panel to be known as the National Panel on Teacher Mobility (referred to in this subsection as the ‘‘panel’’). 

ø(2) MEMBERSHIP.—The panel shall be composed of 12 members appointed by the Secretary. The Secretary shall appoint 

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rience relating to teacher mobility, such as teachers, members 

of teacher certification or licensing bodies, faculty of institutions of higher education that prepare teachers, and State policymakers with such experience. 

ø(3) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be 

appointed for the life of the panel. Any vacancy in the panel 

shall not affect the powers of the panel, but shall be filled in 

the same manner as the original appointment. 

ø(4) DUTIES.— ø(A) STUDY.— ø(i) IN GENERAL.—The panel shall study strategies 

for increasing mobility and employment opportunities 

for highly qualified teachers, especially for States with 

teacher shortages and States with school districts or 

schools that are difficult to staff. 

ø(ii) DATA AND ANALYSIS.—As part of the study, the 

panel shall evaluate the desirability and feasibility of 

State initiatives that support teacher mobility by collecting data and conducting effective analysis concerning— 

ø(I) teacher supply and demand; 

ø(II) the development of recruitment and hiring 

strategies that support teachers; and 

ø(III) increasing reciprocity of certification and 

licensing across States. 

ø(B) REPORT.—Not later than 1 year after the date on 

which all members of the panel have been appointed, the 

panel shall submit to the Secretary and to the appropriate 

committees of Congress a report containing the results of 

the study. 

ø(5) POWERS.— ø(A) HEARINGS.—The panel may hold such hearings, sit 

and act at such times and places, take such testimony, and 

receive such evidence as the panel considers advisable to 

carry out the objectives of this subsection. 

ø(B) INFORMATION FROM FEDERAL AGENCIES.—The panel 

may secure directly from any Federal department or agency such information as the panel considers necessary to 

carry out the provisions of this subsection. Upon request 

of a majority of the members of the panel, the head of such 

department or agency shall furnish such information to 

the panel. 

ø(C) POSTAL SERVICES.—The panel may use the United 

States mails in the same manner and under the same conditions as other departments and agencies of the Federal 

Government. 

ø(6) PERSONNEL.— 

ø(A) TRAVEL EXPENSES.—The members of the panel shall 

not receive compensation for the performance of services 

for the panel, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for 

employees of agencies under subchapter I of chapter 57 of 

title 5, United States Code, while away from their homes 

or regular places of business in the performance of services 

for the panel. Notwithstanding section 1342 of title 31, 


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United States Code, the Secretary may accept the voluntary and uncompensated services of members of the 

panel. 

ø(B) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal 

Government employee may be detailed to the panel without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. 

ø(7) PERMANENT COMMITTEE.—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 

panel. 

øPART B—MATHEMATICS AND SCIENCE 

PARTNERSHIPS 

øSEC. 2201. PURPOSE; DEFINITIONS. 

ø(a) PURPOSE.—The purpose of this part is to improve the academic achievement of students in the areas of mathematics and 

science by encouraging State educational agencies, institutions of 

higher education, local educational agencies, elementary schools, 

and secondary schools to participate in programs that— 

ø(1) improve and upgrade the status and stature of mathematics and science teaching by encouraging institutions of 

higher education to assume greater responsibility for improving mathematics and science teacher education through the establishment of a comprehensive, integrated system of recruiting, training, and advising mathematics and science teachers; 

ø(2) focus on the education of mathematics and science 

teachers as a career-long process that continuously stimulates 

teachers’ intellectual growth and upgrades teachers’ knowledge 

and skills; 

ø(3) bring mathematics and science teachers in elementary 

schools and secondary schools together with scientists, mathematicians, and engineers to increase the subject matter knowledge of mathematics and science teachers and improve such 

teachers’ teaching skills through the use of sophisticated laboratory equipment and work space, computing facilities, libraries, and other resources that institutions of higher education 

are better able to provide than the elementary schools and secondary schools; 

ø(4) develop more rigorous mathematics and science curricula that are aligned with challenging State and local academic content standards and with the standards expected for 

postsecondary study in engineering, mathematics, and science; 

and 

ø(5) improve and expand training of mathematics and 

science teachers, including training such teachers in the effective integration of technology into curricula and instruction. 

ø(b) DEFINITIONS.—In this part: 

ø(1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible partnership’’ 

means a partnership that— 

ø(A) shall include— 

ø(i) if grants are awarded under section 2202(a)(1), 

a State educational agency; 

ø(ii) an engineering, mathematics, or science department of an institution of higher education; and 


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ø(iii) a high-need local educational agency; and 

ø(B) may include— 

ø(i) another engineering, mathematics, science, or 

teacher training department of an institution of higher 

education; 

ø(ii) additional local educational agencies, public 

charter schools, public or private elementary schools 

or secondary schools, or a consortium of such schools; 

ø(iii) a business; or 

ø(iv) a nonprofit or for-profit organization of demonstrated effectiveness in improving the quality of 

mathematics and science teachers. 

ø(2) SUMMER WORKSHOP OR INSTITUTE.—The term ‘‘summer 

workshop or institute’’ means a workshop or institute, conducted during the summer, that— 

ø(A) is conducted for a period of not less than 2 weeks; 

ø(B) includes, as a component, a program that provides 

direct interaction between students and faculty; and 

ø(C) provides for followup training during the academic 

year that is conducted in the classroom for a period of not 

less than three consecutive or nonconsecutive days, except 

that— 

ø(i) if the workshop or institute is conducted during 

a 2-week period, the followup training shall be conducted for a period of not less than 4 days; and 

ø(ii) if the followup training is for teachers in rural 

school districts, the followup training may be conducted through distance learning. 

øSEC. 2202. GRANTS FOR MATHEMATICS AND SCIENCE PARTNERSHIPS. 

ø(a) GRANTS AUTHORIZED.— ø(1) GRANTS TO PARTNERSHIPS.—For any fiscal year for 

which the funds appropriated under section 2203 are less than 

$100,000,000, the Secretary is authorized to award grants, on 

a competitive basis, to eligible partnerships to carry out the 

authorized activities described in subsection (c). 

ø(2) GRANTS TO STATE EDUCATIONAL AGENCIES.— 

ø(A) IN GENERAL.—For any fiscal year for which the 

funds appropriated under section 2203 equal or exceed 

$100,000,000— 

ø(i) if an eligible partnership in the State was previously awarded a grant under paragraph (1), and the 

grant period has not ended, the Secretary shall reserve funds in a sufficient amount to make payments 

to the partnership in accordance with the terms of the 

grant; and 

ø(ii) the Secretary is authorized to award grants to 

State educational agencies to enable such agencies to 

award subgrants, on a competitive basis, to eligible 

partnerships to carry out the authorized activities described in subsection (c). 

ø(B) ALLOTMENT.—The Secretary shall allot the amount 

made available under this part for a fiscal year and not reserved under subparagraph (A)(i) among the State educational agencies in proportion to the number of children, 


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aged 5 to 17, who are from families with incomes below 

the poverty line and reside in a State for the most recent 

fiscal year for which satisfactory data are available, as 

compared to the number of such children who reside in all 

such States for such year. 

ø(C) MINIMUM ALLOTMENT.—The amount of any State 

educational agency’s allotment under subparagraph (B) for 

any fiscal year may not be less than one-half of 1 percent 

of the amount made available under this part for such 

year. 

ø(3) DURATION.—The Secretary shall award grants under 

this part for a period of 3 years. 

ø(4) SUPPLEMENT, NOT SUPPLANT.—Funds received under 

this part shall be used to supplement, and not supplant, funds 

that would otherwise be used for activities authorized under 

this part. 

ø(b) APPLICATION REQUIREMENTS.— ø(1) IN GENERAL.—Each eligible partnership desiring a grant 

or subgrant under this part shall submit an application— 

ø(A) in the case of grants awarded pursuant to subsection (a)(1), to the Secretary, at such time, in such manner, and accompanied by such information as the Secretary may require; or 

ø(B) in the case of subgrants awarded pursuant to subsection (a)(2), to the State educational agency, at such 

time, in such manner, and accompanied by such information as the State educational agency may require. 

ø(2) CONTENTS.—Each application submitted pursuant to 

paragraph (1) shall include— 

ø(A) the results of a comprehensive assessment of the 

teacher quality and professional development needs of any 

schools, local educational agencies, and State educational 

agencies that comprise the eligible partnership with respect to the teaching and learning of mathematics and 

science; 

ø(B) a description of how the activities to be carried out 

by the eligible partnership will be aligned with challenging 

State academic content and student academic achievement 

standards in mathematics and science and with other educational reform activities that promote student academic 

achievement in mathematics and science; 

ø(C) a description of how the activities to be carried out 

by the eligible partnership will be based on a review of scientifically based research, and an explanation of how the 

activities are expected to improve student academic 

achievement and strengthen the quality of mathematics 

and science instruction; 

ø(D) a description of— 

ø(i) how the eligible partnership will carry out the 

authorized activities described in subsection (c); and 

ø(ii) the eligible partnership’s evaluation and accountability plan described in subsection (e); and 

ø(E) a description of how the eligible partnership will 

continue the activities funded under this part after the 

original grant or subgrant period has expired. 


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ø(c) AUTHORIZED ACTIVITIES.—An eligible partnership shall use 

funds provided under this part for one or more of the following activities related to elementary schools or secondary schools: 

ø(1) Creating opportunities for enhanced and ongoing professional development of mathematics and science teachers that 

improves the subject matter knowledge of such teachers. 

ø(2) Promoting strong teaching skills for mathematics and 

science teachers and teacher educators, including integrating 

reliable scientifically based research teaching methods and 

technology-based teaching methods into the curriculum. 

ø(3) Establishing and operating mathematics and science 

summer workshops or institutes, including followup training, 

for elementary school and secondary school mathematics and 

science teachers that— 

ø(A) shall— 

ø(i) directly relate to the curriculum and academic 

areas in which the teacher provides instruction, and 

focus only secondarily on pedagogy; 

ø(ii) enhance the ability of the teacher to understand 

and use the challenging State academic content standards for mathematics and science and to select appropriate curricula; and 

ø(iii) train teachers to use curricula that are— 

ø(I) based on scientific research; 

ø(II) aligned with challenging State academic 

content standards; and 

ø(III) object-centered, experiment-oriented, and 

concept- and content-based; and 

ø(B) may include— 

ø(i) programs that provide teachers and prospective 

teachers with opportunities to work under the guidance of experienced teachers and college faculty; 

ø(ii) instruction in the use of data and assessments 

to inform and instruct classroom practice; and 

ø(iii) professional development activities, including 

supplemental and followup activities, such as curriculum alignment, distance learning, and activities 

that train teachers to utilize technology in the classroom. 

ø(4) Recruiting mathematics, engineering, and science majors to teaching through the use of— 

ø(A) signing and performance incentives that are linked 

to activities proven effective in retaining teachers, for individuals with demonstrated professional experience in 

mathematics, engineering, or science; 

ø(B) stipends provided to mathematics and science 

teachers for certification through alternative routes; 

ø(C) scholarships for teachers to pursue advanced course 

work in mathematics, engineering, or science; and 

ø(D) other programs that the State educational agency 

determines to be effective in recruiting and retaining individuals with strong mathematics, engineering, or science 

backgrounds. 

ø(5) Developing or redesigning more rigorous mathematics 

and science curricula that are aligned with challenging State 


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and local academic content standards and with the standards 

expected for postsecondary study in mathematics and science. 

ø(6) Establishing distance learning programs for mathematics and science teachers using curricula that are innovative, content-based, and based on scientifically based research 

that is current as of the date of the program involved. 

ø(7) Designing programs to prepare a mathematics or science 

teacher at a school to provide professional development to 

other mathematics or science teachers at the school and to assist beginning and other teachers at the school, including (if 

applicable) a mechanism to integrate the teacher’s experiences 

from a summer workshop or institute into the provision of professional development and assistance. 

ø(8) Establishing and operating programs to bring mathematics and science teachers into contact with working scientists, mathematicians, and engineers, to expand such teachers’ subject matter knowledge of and research in science and 

mathematics. 

ø(9) Designing programs to identify and develop exemplary 

mathematics and science teachers in the kindergarten through 

grade 8 classrooms. 

ø(10) Training mathematics and science teachers and developing programs to encourage young women and other underrepresented individuals in mathematics and science careers 

(including engineering and technology) to pursue postsecondary 

degrees in majors leading to such careers. 

ø(d) COORDINATION AND CONSULTATION.— ø(1) PARTNERSHIP GRANTS.—An eligible partnership receiving 

a grant under section 203 of the Higher Education Act of 1965 

shall coordinate the use of such funds with any related activities carried out by such partnership with funds made available 

under this part. 

ø(2) NATIONAL SCIENCE FOUNDATION.—In carrying out the 

activities authorized by this part, the Secretary shall consult 

and coordinate with the Director of the National Science Foundation, particularly with respect to the appropriate roles for 

the Department and the Foundation in the conduct of summer 

workshops, institutes, or partnerships to improve mathematics 

and science teaching in elementary schools and secondary 

schools. 

ø(e) EVALUATION AND ACCOUNTABILITY PLAN.— 

ø(1) IN GENERAL.—Each eligible partnership receiving a 

grant or subgrant under this part shall develop an evaluation 

and accountability plan for activities assisted under this part 

that includes rigorous objectives that measure the impact of activities funded under this part. 

ø(2) CONTENTS.—The plan developed pursuant to paragraph 

(1)— 

ø(A) shall include measurable objectives to increase the 

number of mathematics and science teachers who participate in content-based professional development activities; 

ø(B) shall include measurable objectives for improved 

student academic achievement on State mathematics and 

science assessments or, where applicable, an International 

Mathematics and Science Study assessment; and 


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ø(C) may include objectives and measures for— 

ø(i) increased participation by students in advanced 

courses in mathematics and science; 

ø(ii) increased percentages of elementary school 

teachers with academic majors or minors, or group 

majors or minors, in mathematics, engineering, or the 

sciences; and 

ø(iii) increased percentages of secondary school 

classes in mathematics and science taught by teachers 

with academic majors in mathematics, engineering, 

and science. 

ø(f) REPORT.—Each eligible partnership receiving a grant or 

subgrant under this part shall report annually to the Secretary regarding the eligible partnership’s progress in meeting the objectives described in the accountability plan of the partnership under 

subsection (e). 

øSEC. 2203. AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated to carry out this part 

$450,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.¿ 

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; 


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(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 onehalf 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 


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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— 


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(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— 


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(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 


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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; 


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(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. 


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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— 


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(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. 


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(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 subparaVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00149 Fmt 6659 Sfmt 6603 E:\HR\OC\HR459P1.XXX HR459P1

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graph 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. 


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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; 


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(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. 


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(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; 


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(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 


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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 

øSubpart 1—Transitions to Teaching 

øCHAPTER A—TROOPS-TO-TEACHERS PROGRAM 

øSEC. 2301. DEFINITIONS. 

øIn this chapter: 

ø(1) ARMED FORCES.—The term ‘‘Armed Forces’’ means the 

Army, Navy, Air Force, Marine Corps, and Coast Guard. 


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ø(2) MEMBER OF THE ARMED FORCES.—The term ‘‘member of 

the Armed Forces’’ includes a former member of the Armed 

Forces. 

ø(3) PROGRAM.—The term ‘‘Program’’ means the Troops-toTeachers Program authorized by this chapter. 

ø(4) RESERVE COMPONENT.—The term ‘‘reserve component’’ 

means— 

ø(A) the Army National Guard of the United States; 

ø(B) the Army Reserve; 

ø(C) the Navy Reserve; 

ø(D) the Marine Corps Reserve; 

ø(E) the Air National Guard of the United States; 

ø(F) the Air Force Reserve; and 

ø(G) the Coast Guard Reserve. 

ø(5) SECRETARY CONCERNED.—The term ‘‘Secretary concerned’’ means— 

ø(A) the Secretary of the Army, with respect to matters 

concerning a reserve component of the Army; 

ø(B) the Secretary of the Navy, with respect to matters 

concerning reserve components named in subparagraphs 

(C) and (D) of paragraph (4); 

ø(C) the Secretary of the Air Force, with respect to matters concerning a reserve component of the Air Force; and 

ø(D) the Secretary of Homeland Security, with respect to 

matters concerning the Coast Guard Reserve. 

øSEC. 2302. AUTHORIZATION OF TROOPS-TO-TEACHERS PROGRAM. 

ø(a) PURPOSE.—The purpose of this section is to authorize a 

mechanism for the funding and administration of the Troops-toTeachers Program, which was originally established by the Troopsto-Teachers Program Act of 1999 (title XVII of the National Defense Authorization Act for Fiscal Year 2000) (20 U.S.C. 9301 et 

seq.). 

ø(b) PROGRAM AUTHORIZED.—The Secretary may carry out a program (to be known as the ‘‘Troops-to-Teachers Program’’)— 

ø(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 

ø(2) to facilitate the employment of such members— 

ø(A) by local educational agencies or public charter 

schools that the Secretary identifies as— 

ø(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 

ø(ii) experiencing a shortage of highly qualified 

teachers, in particular a shortage of science, mathematics, special education, or vocational or technical 

teachers; and 

ø(B) in elementary schools or secondary schools, or as 

vocational or technical teachers. 

ø(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 


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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. 

ø(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. 

ø(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. 

øSEC. 2303. RECRUITMENT AND SELECTION OF PROGRAM PARTICIPANTS. 

ø(a) ELIGIBLE MEMBERS.—The following members of the Armed 

Forces are eligible for selection to participate in the Program: 

ø(1) Any member who— 

ø(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; 

ø(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 

ø(C) has been transferred to the Retired Reserve. 

ø(2) Any member who, on or after the date of enactment of 

the No Child Left Behind Act of 2001— 

ø(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 

ø(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 

ø(B) executes a reserve commitment agreement for a period of not less than 3 years under subsection (e)(2). 

ø(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. 

ø(4) Any member who— 

ø(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 

ø(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 eligiVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00157 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

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bility criteria specified in subsection (c) of such section 

1151. 

ø(b) SUBMISSION OF APPLICATIONS.— ø(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. 

ø(2) TIME FOR SUBMISSION.—An application shall be considered to be submitted on a timely basis under paragraph (1) if— 

ø(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 

ø(B) in the case of a member described in subsection 

(a)(4), the application is submitted not later than September 30, 2003. 

ø(c) SELECTION CRITERIA.— ø(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. 

ø(2) EDUCATIONAL BACKGROUND.— ø(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. 

ø(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 

ø(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. 

ø(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). 


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ø(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. 

ø(e) OTHER CONDITIONS ON SELECTION.— 

ø(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. 

ø(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— 

ø(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 

ø(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). 

øSEC. 2304. PARTICIPATION AGREEMENT AND FINANCIAL ASSISTANCE. 

ø(a) PARTICIPATION AGREEMENT.— 

ø(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— 

ø(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 

ø(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. 

ø(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 reVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00159 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

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quired to provide reimbursement under subsection (f), for failure to meet the 3-year commitment. 

ø(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— 

ø(1) is pursuing a full-time course of study related to the 

field of teaching at an institution of higher education; 

ø(2) is serving on active duty as a member of the Armed 

Forces; 

ø(3) is temporarily totally disabled for a period of time not 

to exceed 3 years as established by sworn affidavit of a qualified physician; 

ø(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; 

ø(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 

ø(6) satisfies the provisions of additional reimbursement exceptions that may be prescribed by the Secretary. 

ø(c) STIPEND FOR PARTICIPANTS.— ø(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. 

ø(2) LIMITATION.—The total number of stipends that may be 

paid under paragraph (1) in any fiscal year may not exceed 

5,000. 

ø(d) BONUS FOR PARTICIPANTS.— ø(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. 

ø(2) LIMITATION.—The total number of bonuses that may be 

paid under paragraph (1) in any fiscal year may not exceed 

3,000. 

ø(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: 

ø(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)). 

ø(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. 

ø(e) TREATMENT OF STIPEND AND BONUS.—A stipend or bonus 

paid under this section to a participant in the Program shall be 


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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. 

ø(f) REIMBURSEMENT UNDER CERTAIN CIRCUMSTANCES.— ø(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: 

ø(A) FAILURE TO OBTAIN QUALIFICATIONS OR EMPLOY- MENT.—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). 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE UNDER MONT- GOMERY GI BILL.—The receipt by a participant in the Program of 

a stipend or bonus under this section shall not reduce or otherwise 

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ter 30 of title 38, United States Code, or chapter 1606 of title 10, 

United States Code. 

øSEC. 2305. PARTICIPATION BY STATES. 

ø(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. 

ø(b) ASSISTANCE TO STATES.— 

ø(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. 

ø(2) LIMITATION.—The total amount of grants made under 

paragraph (1) in any fiscal year may not exceed $5,000,000. 

øSEC. 2306. SUPPORT OF INNOVATIVE PRERETIREMENT TEACHER 

CERTIFICATION PROGRAMS. 

ø(a) PURPOSE.—The purpose of this section is to provide funding 

to develop, implement, and demonstrate teacher certification programs. 

ø(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. 

ø(c) PROGRAM ELEMENTS.—A teacher certification program under 

subsection (b) shall— 

ø(1) provide recognition of military experience and training 

as related to certification or licensing requirements; 

ø(2) provide courses of instruction that may be conducted on 

or near a military installation; 

ø(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; 

ø(4) provide for courses to be delivered via distance education methods; and 

ø(5) address any additional requirements or specifications established by the Secretary. 

ø(d) APPLICATION PROCEDURES.— 

ø(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 


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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. 

ø(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. 

ø(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. 

ø(f) FUNDING LIMITATION.—The total amount obligated by the 

Secretary under this section for any fiscal year may not exceed 

$10,000,000. 

øSEC. 2307. REPORTING REQUIREMENTS. 

ø(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. 

ø(b) ELEMENTS OF REPORT.—The report submitted under subsection (a) shall include information on the following: 

ø(1) The number of participants in the Program. 

ø(2) The schools in which the participants are employed. 

ø(3) The grade levels at which the participants teach. 

ø(4) The academic subjects taught by the participants. 

ø(5) The rates of retention of the participants by the local 

educational agencies and public charter schools employing the 

participants. 

ø(6) Such other matters as the Secretary or the Comptroller 

General of the United States, as the case may be, considers to 

be appropriate. 

øCHAPTER B—TRANSITION TO TEACHING PROGRAM 

øSEC. 2311. PURPOSES. 

øThe purposes of this chapter are— 

ø(1) to establish a program to recruit and retain highly 

qualified mid-career professionals (including highly qualified 

paraprofessionals), and recent graduates of an institution of 

higher education, as teachers in high-need schools, including 

recruiting teachers through alternative routes to certification; 

and 

ø(2) to encourage the development and expansion of alternative routes to certification under State-approved programs 

that enable individuals to be eligible for teacher certification 

within a reduced period of time, relying on the experience, expertise, and academic qualifications of an individual, or other 


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factors in lieu of traditional course work in the field of education. 

øSEC. 2312. DEFINITIONS. 

øIn this chapter: 

ø(1) ELIGIBLE PARTICIPANT.—The term ‘‘eligible participant’’ 

means— 

ø(A) an individual with substantial, demonstrable career 

experience, including a highly qualified paraprofessional; 

or 

ø(B) an individual who is a graduate of an institution of 

higher education who— 

ø(i) has graduated not more than 3 years before applying to an eligible entity to teach under this chapter; 

and 

ø(ii) in the case of an individual wishing to teach in 

a secondary school, has completed an academic major 

(or courses totaling an equivalent number of credit 

hours) in the academic subject that the individual will 

teach. 

ø(2) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘‘high-need local educational agency’’ has the meaning given 

the term in section 2102. 

ø(3) HIGH-NEED SCHOOL.—The term ‘‘high-need school’’ 

means a school that— 

ø(A) is located in an area in which the percentage of students from families with incomes below the poverty line is 

30 percent or more; or 

ø(B)(i) is located in an area with a high percentage of 

out-of-field teachers, as defined in section 2102; 

ø(ii) is within the top quartile of elementary schools and 

secondary schools statewide, as ranked by the number of 

unfilled, available teacher positions at the schools; 

ø(iii) is located in an area in which there is a high teacher turnover rate; or 

ø(iv) is located in an area in which there is a high percentage of teachers who are not certified or licensed. 

øSEC. 2313. GRANT PROGRAM. 

ø(a) IN GENERAL.—The Secretary may establish a program to 

make grants on a competitive basis to eligible entities to develop 

State and local teacher corps or other programs to establish, expand, or enhance teacher recruitment and retention efforts. 

ø(b) ELIGIBLE ENTITY.—To be eligible to receive a grant under 

this section, an entity shall be— 

ø(1) a State educational agency; 

ø(2) a high-need local educational agency; 

ø(3) a for-profit or nonprofit organization that has a proven 

record of effectively recruiting and retaining highly qualified 

teachers, in a partnership with a high-need local educational 

agency or with a State educational agency; 

ø(4) an institution of higher education, in a partnership with 

a high-need local educational agency or with a State educational agency; 

ø(5) a regional consortium of State educational agencies; or 

ø(6) a consortium of high-need local educational agencies. 


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ø(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. 

ø(d) APPLICATION.— ø(1) IN GENERAL.—To be eligible to receive a grant under 

this section, an entity described in subsection (b) shall submit 

an application to the Secretary at such time, in such manner, 

and containing such information as the Secretary may require. 

ø(2) CONTENTS.—The application shall describe— 

ø(A) one or more target recruitment groups on which the 

applicant will focus its recruitment efforts; 

ø(B) the characteristics of each such target group that— 

ø(i) show the knowledge and experience of the 

group’s members; and 

ø(ii) demonstrate that the members are eligible to 

achieve the objectives of this section; 

ø(C) describe how the applicant will use funds received 

under this section to develop a teacher corps or other program to recruit and retain highly qualified midcareer professionals (which may include highly qualified paraprofessionals), recent college graduates, and recent graduate 

school graduates, as highly qualified teachers in high-need 

schools operated by high-need local educational agencies; 

ø(D) explain how the program carried out under the 

grant will meet the relevant State laws (including regulations) related to teacher certification or licensing and facilitate the certification or licensing of such teachers; 

ø(E) describe how the grant will increase the number of 

highly qualified teachers, in high-need schools operated by 

high-need local educational agencies (in urban or rural 

school districts), and in high-need academic subjects, in 

the jurisdiction served by the applicant; and 

ø(F) describe how the applicant will collaborate, as needed, with other institutions, agencies, or organizations to recruit (particularly through activities that have proven effective in retaining highly qualified teachers), train, place, 

support, and provide teacher induction programs to program participants under this chapter, including providing 

evidence of the commitment of the institutions, agencies, 

or organizations to the applicant’s programs. 

ø(e) DURATION OF GRANTS.—The Secretary may make grants 

under this section for periods of 5 years. At the end of the 5-year 

period for such a grant, the grant recipient may apply for an additional grant under this section. 

ø(f) EQUITABLE DISTRIBUTION.—To the extent practicable, the 

Secretary shall ensure an equitable geographic distribution of 

grants under this section among the regions of the United States. 

ø(g) USES OF FUNDS.— 

ø(1) IN GENERAL.—An entity that receives a grant under this 

section shall use the funds made available through the grant 

to develop a teacher corps or other program in order to establish, expand, or enhance a teacher recruitment and retention 

program for highly qualified mid-career professionals (including highly qualified paraprofessionals), and recent graduates of 

an institution of higher education, who are eligible particiVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00165 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

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pants, including activities that provide alternative routes to 

teacher certification. 

ø(2) AUTHORIZED ACTIVITIES.—The entity shall use the funds 

to carry out a program that includes two or more of the following activities: 

ø(A) Providing scholarships, stipends, bonuses, and other 

financial incentives, that are linked to participation in activities that have proven effective in retaining teachers in 

high-need schools operated by high-need local educational 

agencies, to all eligible participants, in an amount not to 

exceed $5,000 per participant. 

ø(B) Carrying out pre- and post-placement induction or 

support activities that have proven effective in recruiting 

and retaining teachers, such as— 

ø(i) teacher mentoring; 

ø(ii) providing internships; 

ø(iii) providing high-quality, preservice coursework; 

and 

ø(iv) providing high-quality, sustained inservice professional development. 

ø(C) Carrying out placement and ongoing activities to 

ensure that teachers are placed in fields in which the 

teachers are highly qualified to teach and are placed in 

high-need schools. 

ø(D) Making payments to pay for costs associated with 

accepting teachers recruited under this section from 

among eligible participants or provide financial incentives 

to prospective teachers who are eligible participants. 

ø(E) Collaborating with institutions of higher education 

in developing and implementing programs to facilitate 

teacher recruitment (including teacher credentialing) and 

teacher retention programs. 

ø(F) Carrying out other programs, projects, and activities that are designed and have proven to be effective in 

recruiting and retaining teachers, and that the Secretary 

determines to be appropriate. 

ø(G) Developing long-term recruitment and retention 

strategies including developing— 

ø(i) a statewide or regionwide clearinghouse for the 

recruitment and placement of teachers; 

ø(ii) administrative structures to develop and implement programs to provide alternative routes to certification; 

ø(iii) reciprocity agreements between or among 

States for the certification or licensing of teachers; or 

ø(iv) other long-term teacher recruitment and retention strategies. 

ø(3) EFFECTIVE PROGRAMS.—The entity shall use the funds 

only for programs that have proven to be effective in both recruiting and retaining teachers. 

ø(h) REQUIREMENTS.— 

ø(1) TARGETING.—An entity that receives a grant under this 

section to carry out a program shall ensure that participants 

in the program recruited with funds made available under this 

section are placed in high-need schools operated by high-need 


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local educational agencies. In placing the participants in the 

schools, the entity shall give priority to the schools that are located in areas with the highest percentages of students from 

families with incomes below the poverty line. 

ø(2) SUPPLEMENT, NOT SUPPLANT.—Funds made available 

under this section shall be used to supplement, and not supplant, State and local public funds expended for teacher recruitment and retention programs, including programs to recruit the teachers through alternative routes to certification. 

ø(3) PARTNERSHIPS AND CONSORTIA OF LOCAL EDUCATIONAL

AGENCIES.—In the case of a partnership established by a local 

educational agency to carry out a program under this chapter, 

or a consortium of such agencies established to carry out a program under this chapter, the local educational agency or consortium shall not be eligible to receive funds through a State 

program under this chapter. 

ø(i) PERIOD OF SERVICE.—A program participant in a program 

under this chapter who receives training through the program shall 

serve a high-need school operated by a high-need local educational 

agency for at least 3 years. 

ø(j) REPAYMENT.—The Secretary shall establish such requirements as the Secretary determines to be appropriate to ensure that 

program participants who receive a stipend or other financial incentive under subsection (g)(2)(A), but fail to complete their service 

obligation under subsection (i), repay all or a portion of such stipend or other incentive. 

ø(k) ADMINISTRATIVE FUNDS.—No entity that receives a grant 

under this section shall use more than 5 percent of the funds made 

available through the grant for the administration of a program 

under this chapter carried out under the grant. 

øSEC. 2314. EVALUATION AND ACCOUNTABILITY FOR RECRUITING 

AND RETAINING TEACHERS. 

ø(a) EVALUATION.—Each entity that receives a grant under this 

chapter shall conduct— 

ø(1) an interim evaluation of the program funded under the 

grant at the end of the third year of the grant period; and 

ø(2) a final evaluation of the program at the end of the fifth 

year of the grant period. 

ø(b) CONTENTS.—In conducting the evaluation, the entity shall 

describe the extent to which local educational agencies that received funds through the grant have met the goals relating to 

teacher recruitment and retention described in the application. 

ø(c) REPORTS.—The entity shall prepare and submit to the Secretary and to Congress interim and final reports containing the results of the interim and final evaluations, respectively. 

ø(d) REVOCATION.—If the Secretary determines that the recipient 

of a grant under this chapter has not made substantial progress in 

meeting such goals and the objectives of the grant by the end of 

the third year of the grant period, the Secretary— 

ø(1) shall revoke the payment made for the fourth year of 

the grant period; and 

ø(2) shall not make a payment for the fifth year of the grant 

period. 


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øCHAPTER C—GENERAL PROVISIONS 

øSEC. 2321. AUTHORIZATION OF APPROPRIATIONS. 

ø(a) IN GENERAL.—There are authorized to be appropriated to carry out this subpart $150,000,000 for fiscal year 2002 and such 

sums as may be necessary for each of the 5 succeeding fiscal years. 

ø(b) RESERVATION.—From the funds appropriated to carry out 

this subpart for fiscal year 2002, the Secretary shall reserve not 

more than $30,000,000 to carry out chapter A. 

øSubpart 2—National Writing Project 

øSEC. 2331. PURPOSES. 

øThe purposes of this subpart are— 

ø(1) to support and promote the expansion of the National 

Writing Project network of sites so that teachers in every region of the United States will have access to a National Writing Project program; 

ø(2) to ensure the consistent high quality of the sites through 

ongoing review, evaluation, and technical assistance; 

ø(3) to support and promote the establishment of programs 

to disseminate effective practices and research findings about 

the teaching of writing; and 

ø(4) to coordinate activities assisted under this subpart with 

activities assisted under this Act. 

øSEC. 2332. NATIONAL WRITING PROJECT. 

ø(a) AUTHORIZATION.—The Secretary is authorized to award a 

grant to the National Writing Project, a nonprofit educational organization that has as its primary purpose the improvement of the 

quality of student writing and learning (hereafter in this section referred to as the ‘‘grantee’’) to improve the teaching of writing and 

the use of writing as a part of the learning process in our Nation’s 

classrooms. 

ø(b) REQUIREMENTS OF GRANT.—The grant shall provide that— 

ø(1) the grantee will enter into contracts with institutions of 

higher education or other nonprofit educational providers 

(hereafter in this section referred to as ‘‘contractors’’) under 

which the contractors will agree to establish, operate, and provide the non-Federal share of the cost of teacher training programs in effective approaches and processes for the teaching of 

writing; 

ø(2) funds made available by the Secretary to the grantee 

pursuant to any contract entered into under this section will 

be used to pay the Federal share of the cost of establishing and 

operating teacher training programs as provided in paragraph 

(1); and 

ø(3) the grantee will meet such other conditions and standards as the Secretary determines to be necessary to assure 

compliance with the provisions of this section and will provide 

such technical assistance as may be necessary to carry out the 

provisions of this section. 

ø(c) TEACHER TRAINING PROGRAMS.—The teacher training programs authorized in subsection (a) shall— 

ø(1) be conducted during the school year and during the 

summer months; 


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ø(2) train teachers who teach grades kindergarten through 

college; 

ø(3) select teachers to become members of a National Writing Project teacher network whose members will conduct writing workshops for other teachers in the area served by each 

National Writing Project site; and 

ø(4) encourage teachers from all disciplines to participate in 

such teacher training programs. 

ø(d) FEDERAL SHARE.— ø(1) IN GENERAL.—Except as provided in paragraph (2) or (3) 

and for purposes of subsection (a), the term ‘‘Federal share’’ 

means, with respect to the costs of teacher training programs 

authorized in subsection (a), 50 percent of such costs to the 

contractor. 

ø(2) WAIVER.—The Secretary may waive the provisions of 

paragraph (1) on a case-by-case basis if the National Advisory 

Board described in subsection (e) determines, on the basis of 

financial need, that such waiver is necessary. 

ø(3) MAXIMUM.—The Federal share of the costs of teacher 

training programs conducted pursuant to subsection (a) may 

not exceed $100,000 for any one contractor, or $200,000 for a 

statewide program administered by any one contractor in at 

least five sites throughout the State. 

ø(e) NATIONAL ADVISORY BOARD.— ø(1) ESTABLISHMENT.—The National Writing Project shall establish and operate a National Advisory Board. 

ø(2) COMPOSITION.—The National Advisory Board established pursuant to paragraph (1) shall consist of— 

ø(A) national educational leaders; 

ø(B) leaders in the field of writing; and 

ø(C) such other individuals as the National Writing 

Project determines necessary. 

ø(3) DUTIES.—The National Advisory Board established pursuant to paragraph (1) shall— 

ø(A) advise the National Writing Project on national 

issues related to student writing and the teaching of writing; 

ø(B) review the activities and programs of the National 

Writing Project; and 

ø(C) support the continued development of the National 

Writing Project. 

ø(f) EVALUATION.— 

ø(1) IN GENERAL.—The Secretary shall conduct an independent evaluation by grant or contract of the teacher training 

programs administered pursuant to this subpart. Such evaluation shall specify the amount of funds expended by the National Writing Project and each contractor receiving assistance 

under this section for administrative costs. The results of such 

evaluation shall be made available to the appropriate committees of Congress. 

ø(2) FUNDING LIMITATION.—The Secretary shall reserve not 

more than $150,000 from the total amount appropriated pursuant to the authority of subsection (h) for fiscal year 2002 and 

each of the 5 succeeding fiscal years to conduct the evaluation 

described in paragraph (1). 


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ø(g) APPLICATION REVIEW.— ø(1) REVIEW BOARD.—The National Writing Project shall establish and operate a National Review Board that shall consist 

of— 

ø(A) leaders in the field of research in writing; and 

ø(B) such other individuals as the National Writing 

Project deems necessary. 

ø(2) DUTIES.—The National Review Board shall— 

ø(A) review all applications for assistance under this 

subsection; and 

ø(B) recommend applications for assistance under this 

subsection for funding by the National Writing Project. 

ø(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this subpart $15,000,000 as may be 

necessary for fiscal year 2002 and each of the 5 succeeding fiscal 

years. 

øSubpart 3—Civic Education 

øSEC. 2341. SHORT TITLE. 

øThis subpart may be cited as the ‘‘Education for Democracy 

Act’’. 

øSEC. 2342. PURPOSE. 

øIt is the purpose of this subpart— 

ø(1) to improve the quality of civics and government education by educating students about the history and principles 

of the Constitution of the United States, including the Bill of 

Rights; 

ø(2) to foster civic competence and responsibility; and 

ø(3) to improve the quality of civic education and economic 

education through cooperative civic education and economic 

education exchange programs with emerging democracies. 

øSEC. 2343. GENERAL AUTHORITY. 

ø(a) AUTHORITY.—The Secretary is authorized to award grants 

to, or enter into contracts with— 

ø(1) the Center for Civic Education, to carry out civic education activities under sections 2344 and 2345; 

ø(2) the National Council on Economic Education, to carry 

out economic education activities under section 2345; and 

ø(3) organizations experienced in the development of curricula and programs in civics and government education and 

economic education for students in elementary schools and secondary schools in countries other than the United States, to 

carry out civic education activities under section 2345. 

ø(b) DISTRIBUTION FOR COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDUCATION EXCHANGE PROGRAMS.— 

ø(1) LIMITATION.—Not more than 40 percent of the amount 

appropriated under section 2346 for a fiscal year shall be used 

to carry out section 2345. 

ø(2) DISTRIBUTION.—Of the amount used to carry out section 

2345 for a fiscal year (consistent with paragraph (1)), the Secretary shall use— 

ø(A) 37.5 percent for a grant or contract for the Center 

for Civic Education; 


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ø(B) 37.5 percent for a grant or contract for the National 

Council on Economic Education; and 

ø(C) 25 percent for not less than 1, but not more than 

3, grants or contracts for organizations described in subsection (a)(3). 

øSEC. 2344. WE THE PEOPLE PROGRAM. 

ø(a) THE CITIZEN AND THE CONSTITUTION.— 

ø(1) EDUCATIONAL ACTIVITIES.—The Center for Civic Education— 

ø(A) shall use funds made available under grants or contracts under section 2343(a)(1)— 

ø(i) to continue and expand the educational activities of the program entitled the ‘‘We the People... The 

Citizen and the Constitution’’ program administered 

by such center; 

ø(ii) to carry out activities to enhance student attainment of challenging academic content standards in 

civics and government; 

ø(iii) to provide a course of instruction on the basic 

principles of the Nation’s constitutional democracy and 

the history of the Constitution of the United States, 

including the Bill of Rights; 

ø(iv) to provide, at the request of a participating 

school, school and community simulated congressional 

hearings following the course of instruction described 

in clause (iii); and 

ø(v) to provide an annual national competition of 

simulated congressional hearings for secondary school 

students who wish to participate in such a program; 

and 

ø(B) may use funds made available under grants or contracts under section 2343(a)(1)— 

ø(i) to provide advanced, sustained, and ongoing 

training of teachers about the Constitution of the 

United States and the political system of the United 

States; 

ø(ii) to provide materials and methods of instruction, 

including teacher training, that utilize the latest advancements in educational technology; and 

ø(iii) to provide civic education materials and services to address specific problems such as the prevention of school violence and the abuse of drugs and alcohol. 

ø(2) AVAILABILITY OF PROGRAM.—The education program authorized under this subsection shall be made available to public and private elementary schools and secondary schools, including Bureau funded schools, in the 435 congressional districts, and in the District of Columbia, the Commonwealth of 

Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana 

Islands. 

ø(b) PROJECT CITIZEN.— 

ø(1) EDUCATIONAL ACTIVITIES.—The Center for Civic Education— 


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ø(A) shall use funds made available under grants or contracts under section 2343(a)(1)— 

ø(i) to continue and expand the educational activities of the program entitled the ‘‘We the People... 

Project Citizen’’ program administered by the Center; 

ø(ii) to carry out activities to enhance student attainment of challenging academic content standards in 

civics and government; 

ø(iii) to provide a course of instruction at the middle 

school level on the roles of State and local governments in the Federal system established by the Constitution of the United States; and 

ø(iv) to provide an annual national showcase or competition; and 

ø(B) may use funds made available under grants or contracts under section 2343(a)(1)— 

ø(i) to provide optional school and community simulated State legislative hearings; 

ø(ii) to provide advanced, sustained, and ongoing 

training of teachers on the roles of State and local governments in the Federal system established by the 

Constitution of the United States; 

ø(iii) to provide materials and methods of instruction, including teacher training, that utilize the latest 

advancements in educational technology; and 

ø(iv) to provide civic education materials and services to address specific problems such as the prevention of school violence and the abuse of drugs and alcohol. 

ø(2) AVAILABILITY OF PROGRAM.—The education program authorized under this subsection shall be made available to public and private middle schools, including Bureau funded 

schools, in the 50 States of the United States, the District of 

Columbia, the Commonwealth of Puerto Rico, the United 

States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 

ø(c) BUREAU-FUNDED SCHOOL DEFINED.—In this section, the 

term ‘‘Bureau-funded school’’ has the meaning given such term in 

section 1146 of the Education Amendments of 1978 (25 U.S.C. 

2026). 

øSEC. 2345. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDUCATION EXCHANGE PROGRAMS. 

ø(a) COOPERATIVE EDUCATION EXCHANGE PROGRAMS.—The Center for Civic Education, the National Council on Economic Education, and organizations described in section 2343(a)(3) shall use 

funds made available under grants or contracts under section 2343 

to carry out cooperative education exchange programs in accordance with this section. 

ø(b) PURPOSE.—The purpose of the cooperative education exchange programs carried out under this section shall be— 

ø(1) to make available to educators from eligible countries 

exemplary curriculum and teacher training programs in civics 

and government education, and economics education, developed 

in the United States; 


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ø(2) to assist eligible countries in the adaptation, implementation, and institutionalization of such programs; 

ø(3) to create and implement civics and government education, and economic education, programs for students that 

draw upon the experiences of the participating eligible countries; 

ø(4) to provide a means for the exchange of ideas and experiences in civics and government education, and economic education, among political, educational, governmental, and private 

sector leaders of participating eligible countries; and 

ø(5) to provide support for— 

ø(A) independent research and evaluation to determine 

the effects of educational programs on students’ development of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional democracy; and 

ø(B) effective participation in, and the preservation and 

improvement of, an efficient market economy. 

ø(c) ACTIVITIES.—In carrying out the cooperative education exchange programs assisted under this section, the Center for Civic 

Education, the National Council on Economic Education, and organizations described in section 2343(a)(3) shall— 

ø(1) provide to the participants from eligible countries— 

ø(A) seminars on the basic principles of United States 

constitutional democracy and economic system, including 

seminars on the major governmental and economic institutions and systems in the United States, and visits to such 

institutions; 

ø(B) visits to school systems, institutions of higher education, and nonprofit organizations conducting exemplary 

programs in civics and government education, and economic education, in the United States; 

ø(C) translations and adaptations with respect to 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 

ø(D) independent research and evaluation assistance— 

ø(i) to determine the effects of the cooperative education exchange programs on students’ development of 

the knowledge, skills, and traits of character essential 

for the preservation and improvement of constitutional 

democracy; and 

ø(ii) to identify effective participation in, and the 

preservation and improvement of, an efficient market 

economy; 

ø(2) provide to the participants from the United States— 

ø(A) seminars on the histories, economies, and systems 

of government of eligible countries; 

ø(B) visits to school systems, institutions of higher education, and organizations conducting exemplary programs 

in civics and government education, and economic education, located in eligible countries; 


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ø(C) assistance from educators and scholars in eligible 

countries in the development of curricular materials on the 

history, government, and economy of such countries that 

are useful in United States classrooms; 

ø(D) opportunities to provide onsite demonstrations of 

United States curricula and pedagogy for educational leaders in eligible countries; and 

ø(E) independent research and evaluation assistance to 

determine— 

ø(i) the effects of the cooperative education exchange 

programs assisted under this section on students’ development of the knowledge, skills, and traits of character essential for the preservation and improvement 

of constitutional democracy; and 

ø(ii) effective participation in, and improvement of, 

an efficient market economy; and 

ø(3) assist participants from eligible countries and the 

United States to participate in international conferences on 

civics and government education, and economic education, for 

educational leaders, teacher trainers, scholars in related disciplines, and educational policymakers. 

ø(d) PARTICIPANTS.—The primary participants in the cooperative 

education exchange programs assisted under this section shall be 

educational leaders in the areas of civics and government education, and economic education, including teachers, curriculum and 

teacher training specialists, scholars in relevant disciplines, and 

educational policymakers, and government and private sector leaders from the United States and eligible countries. 

ø(e) CONSULTATION.—The Secretary may award a grant to, or 

enter into a contract with, the entities described in section 2343 to 

carry out programs assisted under this section only if the Secretary 

of State concurs with the Secretary that such grant, or contract, respectively, is consistent with the foreign policy of the United 

States. 

ø(f) AVOIDANCE OF DUPLICATION.—With the concurrence of the 

Secretary of State, the Secretary shall ensure that— 

ø(1) the activities carried out under the programs assisted 

under this section are not duplicative of other activities conducted in eligible countries; and 

ø(2) any institutions in eligible countries, with which the 

Center for Civic Education, the National Council on Economic 

Education, or organizations described in section 2343(a)(3) may 

work in conducting such activities, are creditable. 

ø(g) ELIGIBLE COUNTRY DEFINED.—In this section, the term ‘‘eligible country’’ means a Central European country, an Eastern European country, Lithuania, Latvia, Estonia, the independent states 

of the former Soviet Union as defined in section 3 of the FREEDOM Support Act (22 U.S.C. 5801), the Republic of Ireland, the 

province of Northern Ireland in the United Kingdom, and any developing country (as such term is defined in section 209(d) of the 

Education for the Deaf Act) if the Secretary, with the concurrence 

of the Secretary of State, determines that such developing country 

has a democratic form of government. 


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øSEC. 2346. AUTHORIZATION OF APPROPRIATIONS. 

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

øSubpart 4—Teaching of Traditional American 

History 

øSEC. 2351. ESTABLISHMENT OF PROGRAM. 

ø(a) IN GENERAL.—The Secretary may establish and implement 

a program to be known as the ‘‘Teaching American History Grant 

Program’’, under which the Secretary shall award grants on a competitive basis to local educational agencies— 

ø(1) to carry out activities to promote the teaching of traditional American history in elementary schools and secondary 

schools as a separate academic subject (not as a component of 

social studies); and 

ø(2) for the development, implementation, and strengthening 

of programs to teach traditional American history as a separate academic subject (not as a component of social studies) 

within elementary school and secondary school curricula, including the implementation of activities— 

ø(A) to improve the quality of instruction; and 

ø(B) to provide professional development and teacher 

education activities with respect to American history. 

ø(b) REQUIRED PARTNERSHIP.—A local educational agency that 

receives a grant under subsection (a) shall carry out activities 

under the grant in partnership with one or more of the following: 

ø(1) An institution of higher education. 

ø(2) A nonprofit history or humanities organization. 

ø(3) A library or museum. 

ø(c) APPLICATION.—To be eligible to receive an grant under this 

section, a local educational agency shall submit an application to 

the Secretary at such time, in such manner, and containing such 

information as the Secretary may require. 

øSEC. 2352. AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2002 and each 

of the 5 succeeding fiscal years.¿ 

øSubpart 5 Teacher Liability Protection¿ 

øSEC. 2361. SHORT TITLE. 

øThis subpart may be cited as the ‘‘Paul D. Coverdell Teacher 

Protection Act of 2001’’.¿ 

SEC. ø2362.¿ 2361. PURPOSE. 

The purpose of this subpart is to provide teachers, øprincipals¿ 

school leaders, and other school professionals the tools they need to 

undertake reasonable actions to maintain order, discipline, and an 

appropriate educational environment. 


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SEC. ø2364.¿ 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. ø2365.¿ 2363. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. 

(a) * * * 

* * * * * * * 

SEC. ø2366.¿ 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) * * * 

* * * * * * * 

øate 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. ø2367.¿ 2365. ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC LOSS. 

(a) * * * 

* * * * * * * 

SEC. ø2363.¿ 2366. DEFINITIONS. 

For purposes of this subpart: 

(1) * * * 

* * * * * * * 

(6) TEACHER.—The term ‘‘teacher’’ means— 

(A) a teacher, instructor, øprincipal¿ school leader, or 

administrator; 

* * * * * * * 

øSEC. 2368. EFFECTIVE DATE. 

ø(a) IN GENERAL.—This subpart shall take effect 90 days after 

the date of enactment of the No Child Left Behind Act of 2001. 

ø(b) APPLICATION.—This subpart applies to any claim for harm 

caused by an act or omission of a teacher if that claim is filed on 

or after the effective date of the No Child Left Behind Act of 2001 

without regard to whether the harm that is the subject of the claim 

or the conduct that caused the harm occurred before such effective 

date.¿ 

øPART D—ENHANCING EDUCATION THROUGH 

TECHNOLOGY 

øSEC. 2401. SHORT TITLE. 

øThis part may be cited as the ‘‘Enhancing Education Through 

Technology Act of 2001’’. 


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øSEC. 2402. PURPOSES AND GOALS. 

ø(a) PURPOSES.—The purposes of this part are the following: 

ø(1) To provide assistance to States and localities for the implementation and support of a comprehensive system that effectively uses technology in elementary schools and secondary 

schools to improve student academic achievement. 

ø(2) To encourage the establishment or expansion of initiatives, including initiatives involving public-private partnerships, designed to increase access to technology, particularly in 

schools served by high-need local educational agencies. 

ø(3) To assist States and localities in the acquisition, development, interconnection, implementation, improvement, and 

maintenance of an effective educational technology infrastructure in a manner that expands access to technology for students (particularly for disadvantaged students) and teachers. 

ø(4) To promote initiatives that provide school teachers, principals, and administrators with the capacity to integrate technology effectively into curricula and instruction that are 

aligned with challenging State academic content and student 

academic achievement standards, through such means as highquality professional development programs. 

ø(5) To enhance the ongoing professional development of 

teachers, principals, and administrators by providing constant 

access to training and updated research in teaching and learning through electronic means. 

ø(6) To support the development and utilization of electronic 

networks and other innovative methods, such as distance 

learning, of delivering specialized or rigorous academic courses 

and curricula for students in areas that would not otherwise 

have access to such courses and curricula, particularly in geographically isolated regions. 

ø(7) To support the rigorous evaluation of programs funded 

under this part, particularly regarding the impact of such programs on student academic achievement, and ensure that 

timely information on the results of such evaluations is widely 

accessible through electronic means. 

ø(8) To support local efforts using technology to promote parent and family involvement in education and communication 

among students, parents, teachers, principals, and administrators. 

ø(b) GOALS.— ø(1) PRIMARY GOAL.—The primary goal of this part is to improve student academic achievement through the use of technology in elementary schools and secondary schools. 

ø(2) ADDITIONAL GOALS.—The additional goals of this part 

are the following: 

ø(A) To assist every student in crossing the digital divide 

by ensuring that every student is technologically literate 

by the time the student finishes the eighth grade, regardless of the student’s race, ethnicity, gender, family income, 

geographic location, or disability. 

ø(B) To encourage the effective integration of technology 

resources and systems with teacher training and curriculum development to establish research-based instructional methods that can be widely implemented as best 


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practices by State educational agencies and local educational agencies. 

øSEC. 2403. DEFINITIONS. 

øIn this part: 

ø(1) ELIGIBLE LOCAL ENTITY.—The term ‘‘eligible local entity’’ 

means— 

ø(A) a high-need local educational agency; or 

ø(B) an eligible local partnership. 

ø(2) ELIGIBLE LOCAL PARTNERSHIP.—The term ‘‘eligible local 

partnership’’ means a partnership that— 

ø(A) shall include at least one high-need local educational agency and at least one— 

ø(i) local educational agency that can demonstrate 

that teachers in schools served by the agency are effectively integrating technology and proven teaching 

practices into instruction, based on a review of relevant research, and that the integration results in improvement in— 

ø(I) classroom instruction in the core academic 

subjects; and 

ø(II) the preparation of students to meet challenging State academic content and student academic achievement standards; 

ø(ii) institution of higher education that is in full 

compliance with the reporting requirements of section 

207(f) of the Higher Education Act of 1965 and that 

has not been identified by its State as low-performing 

under section 208 of such Act; 

ø(iii) for-profit business or organization that develops, designs, manufactures, or produces technology 

products or services, or has substantial expertise in 

the application of technology in instruction; or 

ø(iv) public or private nonprofit organization with 

demonstrated experience in the application of educational technology to instruction; and 

ø(B) may include other local educational agencies, educational service agencies, libraries, or other educational entities appropriate to provide local programs. 

ø(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘‘high-need local educational agency’’ means a local educational 

agency that— 

ø(A) is among the local educational agencies in a State 

with the highest numbers or percentages of children from 

families with incomes below the poverty line; and 

ø(B)(i) operates one or more schools identified under section 1116; or 

ø(ii) has a substantial need for assistance in acquiring 

and using technology. 

øSEC. 2404. AUTHORIZATION OF APPROPRIATIONS. 

ø(a) IN GENERAL.—There are authorized to be appropriated to 

carry out subparts 1 and 2, $1,000,000,000 for fiscal year 2002, and 

such sums as may be necessary for each of the 5 succeeding fiscal 

years. 


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ø(b) ALLOCATION OF FUNDS BETWEEN STATE AND LOCAL AND NATIONAL INITIATIVES.—The amount of funds made available under 

subsection (a) for a fiscal year shall be allocated so that— 

ø(1) not less than 98 percent is made available to carry out 

subpart 1; and 

ø(2) not more than 2 percent is made available to carry out 

subpart 2. 

ø(c) ALLOCATION OF FUNDS FOR STUDY.—Of the total amount of 

funds allocated under subsection (b)(2) for fiscal years 2002 

through 2007, not more than $15,000,000 may be used to carry out 

section 2421(a). 

ø(d) LIMITATION.—Of the amount of funds made available to a recipient of funds under this part for a fiscal year, not more than 5 

percent may be used by the recipient for administrative costs or 

technical assistance, of which not more than 60 percent may be 

used by the recipient for administrative costs. 

øSubpart 1—State and Local Technology Grants 

øSEC. 2411. ALLOTMENT AND REALLOTMENT. 

ø(a) RESERVATIONS AND ALLOTMENT.—From the amount made 

available to carry out this subpart under section 2404(b)(1) for a 

fiscal year— 

ø(1) the Secretary shall reserve— 

ø(A) three-fourths of 1 percent for the Secretary of the 

Interior for programs under this subpart for schools operated or funded by the Bureau of Indian Affairs; 

ø(B) one-half of 1 percent to provide assistance under 

this subpart to the outlying areas; and 

ø(C) such sums as may be necessary for continuation 

awards on grants awarded under section 3136 prior to the 

date of enactment of the No Child Left Behind Act of 2001; 

and 

ø(2) from the remainder of such amount and subject to subsection (b), the Secretary shall make grants by allotting to each 

eligible State educational agency under this subpart an 

amount that bears the same relationship to such remainder for 

such year as the amount received under part A of title I for 

such year by such State educational agency bears to the 

amount received under such part for such year by all State 

educational agencies. 

ø(b) MINIMUM ALLOTMENT.—The amount of any State educational agency’s allotment under subsection (a)(2) for any fiscal 

year may not be less than one-half of 1 percent of the amount made 

available for allotments to States under this part for such year. 

ø(c) REALLOTMENT OF UNUSED FUNDS.—If any State educational 

agency does not apply for an allotment under this subpart for a fiscal year, or does not use its entire allotment under this subpart for 

that fiscal year, the Secretary shall reallot the amount of the State 

educational agency’s allotment, or the unused portion of the allotment, to the remaining State educational agencies that use their 

entire allotments under this subpart in accordance with this section. 


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ø(d) STATE EDUCATIONAL AGENCY DEFINED.—In this section, the 

term ‘‘State educational agency’’ does not include an agency of an 

outlying area or the Bureau of Indian Affairs. 

øSEC. 2412. USE OF ALLOTMENT BY STATE. 

ø(a) IN GENERAL.—Of the amount provided to a State educational agency (from the agency’s allotment under section 

2411(a)(2)) for a fiscal year— 

ø(1) the State educational agency may use not more than 5 

percent to carry out activities under section 2415; and 

ø(2) the State educational agency shall distribute the remainder as follows: 

ø(A) From 50 percent of the remainder, the State educational agency shall award subgrants by allocating to 

each eligible local educational agency that has submitted 

an application to the State educational agency under section 2414, for the activities described in section 2416, an 

amount that bears the same relationship to 50 percent of 

the remainder for such year as the amount received under 

part A of title I for such year by such local educational 

agency bears to the amount received under such part for 

such year by all local educational agencies within the 

State. 

ø(B) From 50 percent of the remainder and subject to 

subsection (b), the State educational agency shall award 

subgrants, through a State-determined competitive process, to eligible local entities that have submitted applications to the State educational agency under section 2414, 

for the activities described in section 2416. 

ø(b) SUFFICIENT AMOUNTS.— 

ø(1) SPECIAL RULE.—In awarding a subgrant under subsection (a)(2)(B), the State educational agency shall— 

ø(A) determine the local educational agencies that— 

ø(i) received allocations under subsection (a)(2)(A) 

that are not of sufficient size to be effective, consistent 

with the purposes of this part; and 

ø(ii) are eligible local entities; 

ø(B) give priority to applications submitted by eligible 

local educational agencies described in subparagraph (A); 

and 

ø(C) determine the minimum amount for awards under 

subsection (a)(2)(B) to ensure that subgrants awarded 

under that subsection are of sufficient size to be effective. 

ø(2) SUFFICIENCY.—In awarding subgrants under subsection 

(a)(2)(B), each State educational agency shall ensure that each 

subgrant is of sufficient size and duration, and that the program funded by the subgrant is of sufficient scope and quality, 

to carry out the purposes of this part effectively. 

ø(3) DISTRIBUTION.—In awarding subgrants under subsection 

(a)(2)(B), each State educational agency shall ensure an equitable distribution of assistance under this subpart among 

urban and rural areas of the State, according to the demonstrated need of those local educational agencies serving the 

areas. 


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ø(c) FISCAL AGENT.—If an eligible local partnership receives a 

subgrant under subsection (a)(2)(B), a local educational agency in 

the partnership shall serve as the fiscal agent for the partnership. 

ø(d) TECHNICAL ASSISTANCE.—Each State educational agency receiving a grant under section 2411(a) shall— 

ø(1) identify the local educational agencies served by the 

State educational agency that— 

ø(A) have the highest numbers or percentages of children from families with incomes below the poverty line; 

and 

ø(B) demonstrate to such State educational agency the 

greatest need for technical assistance in developing an application under section 2414; and 

ø(2) offer the technical assistance described in paragraph 

(1)(B) to those local educational agencies. 

øSEC. 2413. STATE APPLICATIONS. 

ø(a) IN GENERAL.—To be eligible to receive a grant under this 

subpart, a State educational agency shall submit to the Secretary, 

at such time and in such manner as the Secretary may specify, an 

application containing a new or updated statewide long-range strategic educational technology plan (which shall address the educational technology needs of local educational agencies) and such 

other information as the Secretary may reasonably require. 

ø(b) CONTENTS.—Each State application submitted under subsection (a) shall include each of the following: 

ø(1) An outline of the State educational agency’s long-term 

strategies for improving student academic achievement, including technology literacy, through the effective use of technology 

in classrooms throughout the State, including through improving the capacity of teachers to integrate technology effectively 

into curricula and instruction. 

ø(2) A description of the State educational agency’s goals for 

using advanced technology to improve student academic 

achievement, and how those goals are aligned with challenging 

State academic content and student academic achievement 

standards. 

ø(3) A description of how the State educational agency will 

take steps to ensure that all students and teachers in the 

State, particularly students and teachers in districts served by 

high-need local educational agencies, have increased access to 

technology. 

ø(4) A description of the process and accountability measures 

that the State educational agency will use to evaluate the extent to which activities funded under this subpart are effective 

in integrating technology into curricula and instruction. 

ø(5) A description of how the State educational agency will 

encourage the development and utilization of innovative strategies for the delivery of specialized or rigorous academic courses 

and curricula through the use of technology, including distance 

learning technologies, particularly for those areas of the State 

that would not otherwise have access to such courses and curricula due to geographical isolation or insufficient resources. 

ø(6) An assurance that financial assistance provided under 

this subpart will supplement, and not supplant, State and local 

funds. 


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ø(7) A description of how the plan incorporates teacher education, professional development, and curriculum development, 

and how the State educational agency will work to ensure that 

teachers and principals in a State receiving funds under this 

part are technologically literate. 

ø(8) A description of— 

ø(A) how the State educational agency will provide technical assistance to applicants under section 2414, especially to those applicants serving the highest numbers or 

percentages of children in poverty or with the greatest 

need for technical assistance; and 

ø(B) the capacity of the State educational agency to provide such assistance. 

ø(9) A description of technology resources and systems that 

the State will provide for the purpose of establishing best practices that can be widely replicated by State educational agencies and local educational agencies in the State and in other 

States. 

ø(10) A description of the State’s long-term strategies for financing technology to ensure that all students, teachers, and 

classrooms have access to technology. 

ø(11) A description of the State’s strategies for using technology to increase parental involvement. 

ø(12) A description of how the State educational agency will 

ensure that each subgrant awarded under section 2412(a)(2)(B) 

is of sufficient size and duration, and that the program funded 

by the subgrant is of sufficient scope and quality, to carry out 

the purposes of this part effectively. 

ø(13) A description of how the State educational agency will 

ensure ongoing integration of technology into school curricula 

and instructional strategies in all schools in the State, so that 

technology will be fully integrated into the curricula and instruction of the schools by December 31, 2006. 

ø(14) A description of how the local educational agencies in 

the State will provide incentives to teachers who are technologically literate and teaching in rural or urban areas, to encourage such teachers to remain in those areas. 

ø(15) A description of how public and private entities will 

participate in the implementation and support of the plan. 

ø(c) DEEMED APPROVAL.—An application submitted by a State 

educational agency pursuant to subsection (a) shall be deemed to 

be approved by the Secretary unless the Secretary makes a written 

determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, 

that the application is not in compliance with this part. 

ø(d) DISAPPROVAL.—The Secretary shall not finally disapprove 

the application, except after giving the State educational agency 

notice and an opportunity for a hearing. 

ø(e) NOTIFICATION.—If the Secretary finds that the application is 

not in compliance, in whole or in part, with this part, the Secretary 

shall— 

ø(1) give the State educational agency notice and an opportunity for a hearing; and 

ø(2) notify the State educational agency of the finding of noncompliance and, in such notification, shall— 


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ø(A) cite the specific provisions in the application that 

are not in compliance; and 

ø(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. 

ø(f) RESPONSE.—If the State educational agency responds to the 

Secretary’s notification described in subsection (e)(2) during the 45- 

day period beginning on the date on which the agency received the 

notification, and resubmits the application with the requested information described in subsection (e)(2)(B), the Secretary shall approve or disapprove such application prior to the later of— 

ø(1) the expiration of the 45-day period beginning on the 

date on which the application is resubmitted; or 

ø(2) the expiration of the 120-day period described in subsection (c). 

ø(g) FAILURE TO RESPOND.—If the State educational agency does 

not respond to the Secretary’s notification described in subsection 

(e)(2) during the 45-day period beginning on the date on which the 

agency received the notification, such application shall be deemed 

to be disapproved. 

øSEC. 2414. LOCAL APPLICATIONS. 

ø(a) IN GENERAL.—To be eligible to receive a subgrant from a 

State educational agency under this subpart, a local educational 

agency or eligible local entity shall submit to the State educational 

agency an application containing a new or updated local long-range 

strategic educational technology plan that is consistent with the objectives of the statewide educational technology plan described in 

section 2413(a), and such other information as the State educational agency may reasonably require, at such time and in such 

manner as the State educational agency may require. 

ø(b) CONTENTS.—The application shall include each of the following: 

ø(1) A description of how the applicant will use Federal 

funds under this subpart to improve the student academic 

achievement, including technology literacy, of all students attending schools served by the local educational agency and to 

improve the capacity of all teachers teaching in schools served 

by the local educational agency to integrate technology effectively into curricula and instruction. 

ø(2) A description of the applicant’s specific goals for using 

advanced technology to improve student academic achievement, aligned with challenging State academic content and 

student academic achievement standards. 

ø(3) A description of the steps the applicant will take to ensure that all students and teachers in schools served by the 

local educational agency involved have increased access to educational technology, including how the agency would use funds 

under this subpart (such as combining the funds with funds 

from other sources), to help ensure that— 

ø(A) students in high-poverty and high-needs schools, or 

schools identified under section 1116, have access to technology; and 

ø(B) teachers are prepared to integrate technology effectively into curricula and instruction. 

ø(4) A description of how the applicant will— 


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ø(A) identify and promote curricula and teaching strategies that integrate technology effectively into curricula and 

instruction, based on a review of relevant research, leading 

to improvements in student academic achievement, as 

measured by challenging State academic content and student academic achievement standards; and 

ø(B) provide ongoing, sustained professional development for teachers, principals, administrators, and school library media personnel serving the local educational agency, to further the effective use of technology in the classroom or library media center, including, if applicable, a list 

of the entities that will be partners with the local educational agency involved in providing the ongoing, sustained professional development. 

ø(5) A description of the type and costs of technologies to be 

acquired under this subpart, including services, software, and 

digital curricula, and including specific provisions for interoperability among components of such technologies. 

ø(6) A description of how the applicant will coordinate activities carried out with funds provided under this subpart with 

technology-related activities carried out with funds available 

from other Federal, State, and local sources. 

ø(7) A description of how the applicant will integrate technology (including software and other electronically delivered 

learning materials) into curricula and instruction, and a 

timeline for such integration. 

ø(8) A description of how the applicant will encourage the 

development and utilization of innovative strategies for the delivery of specialized or rigorous academic courses and curricula 

through the use of technology, including distance learning 

technologies, particularly for those areas that would not otherwise have access to such courses and curricula due to geographical isolation or insufficient resources. 

ø(9) A description of how the applicant will ensure the effective use of technology to promote parental involvement and increase communication with parents, including a description of 

how parents will be informed of the technology being applied 

in their child’s education so that the parents are able to reinforce at home the instruction their child receives at school. 

ø(10) A description of how programs will be developed, where 

applicable, in collaboration with adult literacy service providers, to maximize the use of technology. 

ø(11) A description of the process and accountability measures that the applicant will use to evaluate the extent to which 

activities funded under this subpart are effective in integrating 

technology into curricula and instruction, increasing the ability 

of teachers to teach, and enabling students to meet challenging 

State academic content and student academic achievement 

standards. 

ø(12) A description of the supporting resources (such as services, software, other electronically delivered learning materials, 

and print resources) that will be acquired to ensure successful 

and effective uses of technology. 

ø(c) COMBINED APPLICATIONS.—A local educational agency that is 

an eligible local entity and submits an application to the State eduVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00184 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

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cational 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). 

ø(d) SPECIAL RULE.— 

ø(1) CONSORTIUM APPLICATIONS.— 

ø(A) IN GENERAL.—For any fiscal year, a local educational agency applying for financial assistance described 

in section 2412(a)(2)(A) may apply as part of a consortium 

that includes other local educational agencies, institutions 

of higher education, educational service agencies, libraries, 

or other educational entities appropriate to provide local 

programs. 

ø(B) FISCAL AGENT.—If a local educational agency applies for and receives financial assistance described in section 2412(a)(2)(A) as part of a consortium, the local educational agency shall serve as the fiscal agent for the consortium. 

ø(2) STATE EDUCATIONAL AGENCY ASSISTANCE.—At the request of a local educational agency, a State educational agency 

may assist the local educational agency in the formation of a 

consortium described in paragraph (1) to provide services for 

the teachers and students served by the local educational agency. 

øSEC. 2415. STATE ACTIVITIES. 

øFrom funds made available under section 2412(a)(1), a State 

educational agency shall carry out activities and assist local efforts 

to carry out the purposes of this part, which may include the following activities: 

ø(1) Developing, or assisting applicants or recipients of funds 

under this subpart in the development and utilization of, innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including distance learning technologies, and providing other 

technical assistance to such applicants or recipients throughout 

the State, with priority given to high-need local educational 

agencies. 

ø(2) Establishing or supporting public-private initiatives 

(such as interest-free or reduced-cost loans) for the acquisition 

of educational technology for high-need local educational agencies and students attending schools served by such agencies. 

ø(3) Assisting recipients of funds under this subpart in providing sustained and intensive, high-quality professional development based on a review of relevant research in the integration of advanced technologies, including emerging technologies, 

into curricula and instruction and in using those technologies 

to create new learning environments, including training in the 

use of technology to— 

ø(A) access data and resources to develop curricula and 

instructional materials; 

ø(B) enable teachers— 

ø(i) to use the Internet and other technology to communicate with parents, other teachers, principals, and 

administrators; and 


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ø(ii) to retrieve Internet-based learning resources; 

and 

ø(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. 

ø(4) Assisting recipients of funds under this subpart in providing all students (including students with disabilities and 

students with limited English proficiency) and teachers with 

access to educational technology. 

ø(5) Developing performance measurement systems to determine the effectiveness of educational technology programs 

funded under this subpart, particularly in determining the extent to which activities funded under this subpart are effective 

in integrating technology into curricula and instruction, increasing the ability of teachers to teach, and enabling students 

to meet challenging State academic content and student academic achievement standards. 

ø(6) Collaborating with other State educational agencies on 

distance learning, including making specialized or rigorous 

academic courses and curricula available to students in areas 

that would not otherwise have access to such courses and curricula. 

øSEC. 2416. LOCAL ACTIVITIES. 

ø(a) PROFESSIONAL DEVELOPMENT.— 

ø(1) IN GENERAL.—A recipient of funds made available under 

section 2412(a)(2) shall use not less than 25 percent of such 

funds to provide ongoing, sustained, and intensive, 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— 

ø(A) to access data and resources to develop curricula 

and instructional materials; 

ø(B) to enable teachers— 

ø(i) to use the Internet and other technology to communicate with parents, other teachers, principals, and 

administrators; and 

ø(ii) to retrieve Internet-based learning resources; 

and 

ø(C) to lead to improvements in classroom instruction in 

the core academic subjects, that effectively prepare students to meet challenging State academic content standards, including increasing student technology literacy, and 

student academic achievement standards. 

ø(2) WAIVERS.—Paragraph (1) shall not apply to a recipient 

of funds made available under section 2412(a)(2) that demonstrates, to the satisfaction of the State educational agency 

involved, that the recipient already provides ongoing, sustained, and intensive, high-quality professional development 

that is based on a review of relevant research, to all teachers 

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nologies, including emerging technologies, into curricula and 

instruction. 

ø(b) OTHER ACTIVITIES.—In addition to the activities described in 

subsection (a), a recipient of funds made available by a State educational agency under section 2412(a)(2) shall use such funds to 

carry out other activities consistent with this subpart, which may 

include the following: 

ø(1) Establishing or expanding initiatives, particularly initiatives involving public-private partnerships, designed to increase access to technology for students and teachers, with special emphasis on the access of high-need schools to technology. 

ø(2) Adapting or expanding existing and new applications of 

technology to enable teachers to increase student academic 

achievement, including technology literacy— 

ø(A) through the use of teaching practices that are based 

on a review of relevant research and are designed to prepare students to meet challenging State academic content 

and student academic achievement standards; and 

ø(B) by the development and utilization of innovative 

distance learning strategies to deliver specialized or rigorous academic courses and curricula to areas that would 

not otherwise have access to such courses and curricula. 

ø(3) Acquiring proven and effective courses and curricula 

that include integrated technology and are designed to help 

students meet challenging State academic content and student 

academic achievement standards. 

ø(4) Utilizing technology to develop or expand efforts to connect schools and teachers with parents and students to promote meaningful parental involvement, to foster increased 

communication about curricula, assignments, and assessments 

between students, parents, and teachers, and to assist parents 

to understand the technology being applied in their child’s education, so that parents are able to reinforce at home the instruction their child receives at school. 

ø(5) Preparing one or more teachers in elementary schools 

and secondary schools as technology leaders who are provided 

with the means to serve as experts and train other teachers in 

the effective use of technology, and providing bonus payments 

to the technology leaders. 

ø(6) Acquiring, adapting, expanding, implementing, repairing, and maintaining existing and new applications of technology, to support the school reform effort and to improve student academic achievement, including technology literacy. 

ø(7) Acquiring connectivity linkages, resources, and services 

(including the acquisition of hardware and software and other 

electronically delivered learning materials) for use by teachers, 

students, academic counselors, and school library media personnel in the classroom, in academic and college counseling 

centers, or in school library media centers, in order to improve 

student academic achievement. 

ø(8) Using technology to collect, manage, and analyze data to 

inform and enhance teaching and school improvement efforts. 

ø(9) Implementing performance measurement systems to determine the effectiveness of education technology programs 

funded under this subpart, particularly in determining the exVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00187 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

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tent to which activities funded under this subpart are effective 

in integrating technology into curricula and instruction, increasing the ability of teachers to teach, and enabling students 

to meet challenging State academic content and student academic achievement standards. 

ø(10) Developing, enhancing, or implementing information 

technology courses. 

øSubpart 2—National Technology Activities 

øSEC. 2421. NATIONAL ACTIVITIES. 

ø(a) STUDY.—Using funds made available under section 

2404(b)(2), the Secretary— 

ø(1) shall conduct an independent, long-term study, utilizing 

scientifically based research methods and control groups or 

control conditions— 

ø(A) on the conditions and practices under which educational technology is effective in increasing student academic achievement; and 

ø(B) on the conditions and practices that increase the 

ability of teachers to integrate technology effectively into 

curricula and instruction, that enhance the learning environment and opportunities, and that increase student academic achievement, including technology literacy; 

ø(2) shall establish an independent review panel to advise 

the Secretary on methodological and other issues that arise in 

conducting the long-term study; 

ø(3) shall consult with other interested Federal departments 

or agencies, State and local educational practitioners and policymakers (including teachers, principals, and superintendents), and experts in technology, regarding the study; and 

ø(4) shall submit to Congress interim reports, when appropriate, and a final report, to be submitted not later than April 

1, 2006, on the findings of the study. 

ø(b) DISSEMINATION.—Using funds made available under section 

2404(b)(2), the Secretary shall make widely available, including 

through dissemination on the Internet and to all State educational 

agencies and other recipients of funds under this part, findings 

identified through activities carried out under this section regarding the conditions and practices under which educational technology is effective in increasing student academic achievement. 

ø(c) TECHNICAL ASSISTANCE.—Using funds made available under 

section 2404(b)(2), the Secretary may provide technical assistance 

(directly or through the competitive award of grants or contracts) 

to State educational agencies, local educational agencies, and other 

recipients of funds, particularly in rural areas, under this part, in 

order to assist such State educational agencies, local educational 

agencies, and other recipients to achieve the purposes of this part. 

øSEC. 2422. NATIONAL EDUCATION TECHNOLOGY PLAN. 

ø(a) IN GENERAL.—Based on the Nation’s progress and an assessment by the Secretary of the continuing and future needs of the 

Nation’s schools in effectively using technology to provide all students the opportunity to meet challenging State academic content 

and student academic achievement standards, the Secretary shall 


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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. 

ø(b) CONTENTS.—The plan referred to in subsection (a) shall include each of the following: 

ø(1) A description of the manner in which the Secretary will 

promote— 

ø(A) higher student academic achievement through the 

integration of advanced technologies, including emerging 

technologies, into curricula and instruction; 

ø(B) increased access to technology for teaching and 

learning for schools with a high number or percentage of 

children from families with incomes below the poverty line; 

and 

ø(C) the use of technology to assist in the implementation of State systemic reform strategies. 

ø(2) A description of joint activities of the Department of 

Education and other Federal departments or agencies that will 

promote the use of technology in education. 

øSubpart 3—Ready-to-Learn Television 

øSEC. 2431. READY-TO-LEARN TELEVISION. 

ø(a) PROGRAM AUTHORIZED.— ø(1) IN GENERAL.—The Secretary is authorized to award 

grants to, or enter into contracts or cooperative agreements 

with, eligible entities described in paragraph (3) to enable such 

entities— 

ø(A) to develop, produce, and distribute educational and 

instructional video programming for preschool and elementary school children and their parents in order to facilitate 

student academic achievement; 

ø(B) to facilitate the development, directly or through 

contracts with producers of children and family educational television programming, of educational programming for preschool and elementary school children, and the 

accompanying support materials and services that promote 

the effective use of such programming; 

ø(C) to facilitate the development of programming and 

digital content containing Ready-to-Learn-based children’s 

programming and resources for parents and caregivers 

that is specially designed for nationwide distribution over 

public television stations’ digital broadcasting channels 

and the Internet; 

ø(D) to contract with entities (such as public telecommunications entities) so that programs developed 

under this section are disseminated and distributed to the 

widest possible audience appropriate to be served by the 

programming, and through the use of the most appropriate 

distribution technologies; and 

ø(E) to develop and disseminate education and training 

materials, including interactive programs and programs 

adaptable to distance learning technologies, that are designed— 


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ø(i) to promote school readiness; and 

ø(ii) to promote the effective use of materials developed under subparagraphs (B) and (C) among parents, 

teachers, Head Start providers, Even Start providers, 

providers of family literacy services, child care providers, early childhood development personnel, elementary school teachers, public libraries, and afterschool program personnel caring for preschool and elementary school children. 

ø(2) AVAILABILITY.—In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall ensure 

that eligible entities make programming widely available, with 

support materials as appropriate, to young children, parents, 

child care workers, Head Start providers, Even Start providers, 

and providers of family literacy services to increase the effective use of such programming. 

ø(3) ELIGIBLE ENTITIES.—To be eligible to receive a grant, 

contract, or cooperative agreements under this section, an entity shall be a public telecommunications entity that is able to 

demonstrate each of the following: 

ø(A) A capacity for the development and national distribution of educational and instructional television programming of high quality that is accessible by a large majority of disadvantaged preschool and elementary school 

children. 

ø(B) A capacity to contract with the producers of children’s television programming for the purpose of developing educational television programming of high quality. 

ø(C) A capacity, consistent with the entity’s mission and 

nonprofit nature, to negotiate such contracts in a manner 

that returns to the entity an appropriate share of any ancillary income from sales of any program-related products. 

ø(D) A capacity to localize programming and materials 

to meet specific State and local needs and to provide educational outreach at the local level. 

ø(4) COORDINATION OF ACTIVITIES.—An entity receiving a 

grant, contract, or cooperative agreement under this section 

shall consult with the Secretary and the Secretary of Health 

and Human Services— 

ø(A) to maximize the utilization of quality educational 

programming by preschool and elementary school children, 

and make such programming widely available to federally 

funded programs serving such populations; and 

ø(B) to coordinate activities with Federal programs that 

have major training components for early childhood development, including programs under the Head Start Act (42 

U.S.C. 9831 et seq.) and Even Start, and State training activities funded under the Child Care and Development 

Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), regarding 

the availability and utilization of materials developed 

under paragraph (1)(E) to enhance parent and child care 

provider skills in early childhood development and education. 

ø(b) APPLICATIONS.—To be eligible to receive a grant, contract, or 

cooperative agreement under subsection (a), an entity shall submit 


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to the Secretary an application at such time, in such manner, and 

containing such information as the Secretary may reasonably require. 

ø(c) REPORTS AND EVALUATIONS.— 

ø(1) ANNUAL REPORT TO THE SECRETARY.—An entity receiving a grant, contract, or cooperative agreement under this section shall prepare and submit to the Secretary an annual report that contains such information as the Secretary may require. At a minimum, the report shall describe the program activities undertaken with funds received under the grant, contract, or cooperative agreement, including each of the following: 

ø(A) The programming that has been developed, directly 

or indirectly, by the eligible entity, and the target population of the programs developed. 

ø(B) The support and training materials that have been 

developed to accompany the programming, and the method 

by which the materials are distributed to consumers and 

users of the programming. 

ø(C) The means by which programming developed under 

this section has been distributed, including the distance 

learning technologies that have been utilized to make programming available, and the geographic distribution 

achieved through such technologies. 

ø(D) The initiatives undertaken by the entity to develop 

public-private partnerships to secure non-Federal support 

for the development, distribution, and broadcast of educational and instructional programming. 

ø(2) REPORT TO CONGRESS.—The Secretary shall prepare and 

submit to the relevant committees of Congress a biannual report that includes the following: 

ø(A) A summary of the activities assisted under subsection (a). 

ø(B) A description of the education and training materials made available under subsection (a)(1)(E), the manner in which outreach has been conducted to inform parents and child care providers of the availability of such 

materials, and the manner in which such materials have 

been distributed in accordance with such subsection. 

ø(d) ADMINISTRATIVE COSTS.—An entity that receives a grant, 

contract, or cooperative agreement under this section may use up 

to 5 percent of the amount received under the grant, contract, or 

agreement for the normal and customary expenses of administering 

the grant, contract, or agreement. 

ø(e) AUTHORIZATION OF APPROPRIATIONS.— 

ø(1) IN GENERAL.—There are authorized to be appropriated 

to carry out this section such sums as may be necessary for fiscal year 2002, and for each of the 5 succeeding fiscal years. 

ø(2) FUNDING RULE.—Not less than 60 percent of the amount 

appropriated under paragraph (1) for each fiscal year shall be 

used to carry out activities under subparagraphs (B) through 

(D) of subsection (a)(1). 


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øSubpart 4—Limitation on Availability of Certain 

Funds for Schools 

øSEC. 2441. INTERNET SAFETY. 

ø(a) IN GENERAL.—No funds made available under this part to 

a local educational agency for an elementary school or secondary 

school that does not receive services at discount rates under section 

254(h)(5) of the Communications Act of 1934 (47 U.S.C. 254(h)(5)) 

may be used to purchase computers used to access the Internet, or 

to pay for direct costs associated with accessing the Internet, for 

such school unless the school, school board, local educational agency, or other authority with responsibility for administration of such 

school both— 

ø(1)(A) has in place a policy of Internet safety for minors 

that includes the operation of a technology protection measure 

with respect to any of its computers with Internet access that 

protects against access through such computers to visual depictions that are— 

ø(i) obscene; 

ø(ii) child pornography; or 

ø(iii) harmful to minors; and 

ø(B) is enforcing the operation of such technology protection 

measure during any use of such computers by minors; and 

ø(2)(A) has in place a policy of Internet safety that includes 

the operation of a technology protection measure with respect 

to any of its computers with Internet access that protects 

against access through such computers to visual depictions 

that are— 

ø(i) obscene; or 

ø(ii) child pornography; and 

ø(B) is enforcing the operation of such technology protection 

measure during any use of such computers. 

ø(b) TIMING AND APPLICABILITY OF IMPLEMENTATION.— ø(1) IN GENERAL.—The local educational agency with responsibility for a school covered by subsection (a) shall certify the 

compliance of such school with the requirements of subsection 

(a) as part of the application process for the next program 

funding year under this Act following December 21, 2000, and 

for each subsequent program funding year thereafter. 

ø(2) PROCESS.— ø(A) SCHOOLS WITH INTERNET SAFETY POLICIES AND

TECHNOLOGY PROTECTION MEASURES IN PLACE.—A local 

educational agency with responsibility for a school covered 

by subsection (a) that has in place an Internet safety policy meeting the requirements of subsection (a) shall certify 

its compliance with subsection (a) during each annual program application cycle under this Act. 

ø(B) SCHOOLS WITHOUT INTERNET SAFETY POLICIES AND

TECHNOLOGY PROTECTION MEASURES IN PLACE.— ø(i) CERTIFICATION.—A local educational agency 

with responsibility for a school covered by subsection 

(a) that does not have in place an Internet safety policy meeting the requirements of subsection (a)— 

ø(I) for the first program year after December 

21, 2000, in which the local educational agency is 


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applying for funds for such school under this Act, 

shall certify that it is undertaking such actions, 

including any necessary procurement procedures, 

to put in place an Internet safety policy that 

meets such requirements; and 

ø(II) for the second program year after December 21, 2000, in which the local educational agency is applying for funds for such school under this 

Act, shall certify that such school is in compliance 

with such requirements. 

ø(ii) INELIGIBILITY.—Any school covered by subsection (a) for which the local educational agency concerned is unable to certify compliance with such requirements in such second program year shall be ineligible for all funding under this part for such second 

program year and all subsequent program years until 

such time as such school comes into compliance with 

such requirements. 

ø(C) WAIVERS.—Any school subject to a certification 

under subparagraph (B)(i)(II) for which the local educational agency concerned cannot make the certification 

otherwise required by that subparagraph may seek a waiver of that subparagraph if State or local procurement rules 

or regulations or competitive bidding requirements prevent 

the making of the certification otherwise required by that 

subparagraph. The local educational agency concerned 

shall notify the Secretary of the applicability of that subparagraph to the school. Such notice shall certify that the 

school will be brought into compliance with the requirements in subsection (a) before the start of the third program year after December 21, 2000, in which the school is 

applying for funds under this part. 

ø(c) DISABLING DURING CERTAIN USE.—An administrator, supervisor, or person authorized by the responsible authority under subsection (a) may disable the technology protection measure concerned to enable access for bona fide research or other lawful purposes. 

ø(d) NONCOMPLIANCE.— ø(1) USE OF GENERAL EDUCATION PROVISIONS ACT REM- EDIES.—Whenever the Secretary has reason to believe that any 

recipient of funds under this part is failing to comply substantially with the requirements of this section, the Secretary 

may— 

ø(A) withhold further payments to the recipient under 

this part; 

ø(B) issue a complaint to compel compliance of the recipient through a cease and desist order; or 

ø(C) enter into a compliance agreement with a recipient 

to bring it into compliance with such requirements, 

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. 

ø(2) RECOVERY OF FUNDS PROHIBITED.—The actions authorized by paragraph (1) are the exclusive remedies available with 

respect to the failure of a school to comply substantially with 


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a provision of this section, and the Secretary shall not seek a 

recovery of funds from the recipient for such failure. 

ø(3) RECOMMENCEMENT OF PAYMENTS.—Whenever the Secretary determines (whether by certification or other appropriate evidence) that a recipient of funds who is subject to the 

withholding of payments under paragraph (1)(A) has cured the 

failure providing the basis for the withholding of payments, the 

Secretary shall cease the withholding of payments to the recipient under that paragraph. 

ø(e) DEFINITIONS.—In this subpart: 

ø(1) COMPUTER.—The term ‘‘computer’’ includes any hardware, software, or other technology attached or connected to, 

installed in, or otherwise used in connection with a computer. 

ø(2) ACCESS TO INTERNET.—A computer shall be considered 

to have access to the Internet if such computer is equipped 

with a modem or is connected to a computer network that has 

access to the Internet. 

ø(3) ACQUISITION OR OPERATION.—An elementary school or 

secondary school shall be considered to have received funds 

under this part for the acquisition or operation of any computer if such funds are used in any manner, directly or indirectly— 

ø(A) to purchase, lease, or otherwise acquire or obtain 

the use of such computer; or 

ø(B) to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer. 

ø(4) MINOR.—The term ‘‘minor’’ means an individual who 

has not attained the age of 17. 

ø(5) CHILD PORNOGRAPHY.—The term ‘‘child pornography’’ 

has the meaning given that term in section 2256 of title 18, 

United States Code. 

ø(6) HARMFUL TO MINORS.—The term ‘‘harmful to minors’’ 

means any picture, image, graphic image file, or other visual 

depiction that— 

ø(A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; 

ø(B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or 

simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and 

ø(C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. 

ø(7) OBSCENE.—The term ‘‘obscene’’ has the meaning applicable to that term under section 1460 of title 18, United States 

Code. 

ø(8) SEXUAL ACT AND SEXUAL CONTACT.—The terms ‘‘sexual 

act’’ and ‘‘sexual contact’’ have the meanings given those terms 

in section 2246 of title 18, United States Code. 

ø(f) SEVERABILITY.—If any provision of this section is held invalid, the remainder of this section shall not be affected thereby.¿ 


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PART 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. 

øTITLE III—LANGUAGE INSTRUCTION 

FOR LIMITED ENGLISH PROFICIENT 

AND IMMIGRANT STUDENTS 

øSEC. 3001. AUTHORIZATIONS OF APPROPRIATIONS; CONDITION ON 

EFFECTIVENESS OF PARTS. 

ø(a) AUTHORIZATIONS OF APPROPRIATIONS.— 

ø(1) IN GENERAL.—Subject to subsection (b), there are authorized to be appropriated to carry out this title, except for 

subpart 4 of part B, $750,000,000 for fiscal year 2002 and such 

sums as may be necessary for each of the 5 succeeding fiscal 

years. 

ø(2) EMERGENCY IMMIGRANT EDUCATION PROGRAM.—There 

are authorized to be appropriated to carry out subpart 4 of 

part B (when such part is in effect) such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal 

years. 

ø(b) CONDITIONS ON EFFECTIVENESS OF PARTS A AND B.— 

ø(1) PART A.—Part A shall be in effect for any fiscal year for 

which the amount appropriated under paragraphs (1) and (2) 

of subsection (a) equals or exceeds $650,000,000. 

ø(2) PART B.—Part B shall be in effect only for a fiscal year 

for which part A is not in effect. 

ø(c) REFERENCES.—In any fiscal year for which part A is in effect, references in Federal law (other than this title) to part B shall 

be considered to be references to part A. In any fiscal year for 

which part B is in effect, references in Federal law (other than this 

title) to part A shall be considered to be references to part B. 


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øPART A—ENGLISH LANGUAGE ACQUISITION, 

LANGUAGE ENHANCEMENT, AND ACADEMIC 

ACHIEVEMENT ACT 

øSEC. 3101. SHORT TITLE. 

øThis part may be cited as the ‘‘English Language Acquisition, 

Language Enhancement, and Academic Achievement Act’’. 

øSEC. 3102. PURPOSES. 

øThe purposes of this part are— 

ø(1) to help ensure that children who are limited English 

proficient, including immigrant children and youth, attain 

English proficiency, develop high levels of academic attainment 

in English, and meet the same challenging State academic content and student academic achievement standards as all children are expected to meet; 

ø(2) to assist all limited English proficient children, including immigrant children and youth, to achieve at high levels in 

the core academic subjects so that those children can meet the 

same challenging State academic content and student academic achievement standards as all children are expected to 

meet, consistent with section 1111(b)(1); 

ø(3) to develop high-quality language instruction educational 

programs designed to assist State educational agencies, local 

educational agencies, and schools in teaching limited English 

proficient children and serving immigrant children and youth; 

ø(4) to assist State educational agencies and local educational agencies to develop and enhance their capacity to provide high-quality instructional programs designed to prepare 

limited English proficient children, including immigrant children and youth, to enter all-English instruction settings; 

ø(5) to assist State educational agencies, local educational 

agencies, and schools to build their capacity to establish, implement, and sustain language instruction educational programs 

and programs of English language development for limited 

English proficient children; 

ø(6) to promote parental and community participation in language instruction educational programs for the parents and 

communities of limited English proficient children; 

ø(7) to streamline language instruction educational programs 

into a program carried out through formula grants to State 

educational agencies and local educational agencies to help 

limited English proficient children, including immigrant children and youth, develop proficiency in English, while meeting 

challenging State academic content and student academic 

achievement standards; 

ø(8) to hold State educational agencies, local educational 

agencies, and schools accountable for increases in English proficiency and core academic content knowledge of limited 

English proficient children by requiring— 

ø(A) demonstrated improvements in the English proficiency of limited English proficient children each fiscal 

year; and 


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ø(B) adequate yearly progress for limited English proficient children, including immigrant children and youth, 

as described in section 1111(b)(2)(B); and 

ø(9) to provide State educational agencies and local educational agencies with the flexibility to implement language instruction educational programs, based on scientifically based 

research on teaching limited English proficient children, that 

the agencies believe to be the most effective for teaching 

English. 

øSubpart 1—Grants and Subgrants for English 

Language Acquisition and Language Enhancement 

øSEC. 3111. FORMULA GRANTS TO STATES. 

ø(a) IN GENERAL.—In the case of each State educational agency 

having a plan approved by the Secretary for a fiscal year under 

section 3113, the Secretary shall make a grant for the year to the 

agency for the purposes specified in subsection (b). The grant shall 

consist of the allotment determined for the State educational agency under subsection (c). 

ø(b) USE OF FUNDS.— 

ø(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The Secretary may 

make a grant under subsection (a) only if the State educational 

agency involved agrees to expend at least 95 percent of the 

State educational agency’s allotment under subsection (c) for a 

fiscal year— 

ø(A) to award subgrants, from allocations under section 

3114, to eligible entities to carry out the activities described in section 3115 (other than subsection (e)); and 

ø(B) to award subgrants under section 3114(d)(1) to eligible entities that are described in that section to carry out 

the activities described in section 3115(e). 

ø(2) STATE ACTIVITIES.—Subject to paragraph (3), each State 

educational agency receiving a grant under subsection (a) may 

reserve not more than 5 percent of the agency’s allotment 

under subsection (c) to carry out one or more of the following 

activities: 

ø(A) Professional development activities, and other activities, that assist personnel in meeting State and local 

certification and licensing requirements for teaching limited English proficient children. 

ø(B) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in 

paragraph (1). 

ø(C) Providing technical assistance and other forms of 

assistance to eligible entities that are receiving subgrants 

from a State educational agency under this subpart, including assistance in— 

ø(i) identifying and implementing language instruction educational programs and curricula that are 

based on scientifically based research on teaching limited English proficient children; 


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ø(ii) helping limited English proficient children meet 

the same challenging State academic content and student academic achievement standards as all children 

are expected to meet; 

ø(iii) identifying or developing, and implementing, 

measures of English proficiency; and 

ø(iv) promoting parental and community participation in programs that serve limited English proficient 

children. 

ø(D) Providing recognition, which may include providing 

financial awards, to subgrantees that have exceeded their 

annual measurable achievement objectives pursuant to 

section 3122. 

ø(3) ADMINISTRATIVE EXPENSES.—From the amount reserved 

under paragraph (2), a State educational agency may use not 

more than 60 percent of such amount or $175,000, whichever 

is greater, for the planning and administrative costs of carrying out paragraphs (1) and (2). 

ø(c) RESERVATIONS AND ALLOTMENTS.— ø(1) RESERVATIONS.—From the amount appropriated under 

section 3001(a) for each fiscal year, the Secretary shall reserve— 

ø(A) 0.5 percent or $5,000,000 of such amount, whichever is greater, for payments to eligible entities that are 

defined under section 3112(a) for activities, approved by 

the Secretary, consistent with this subpart; 

ø(B) 0.5 percent of such amount for payments to outlying 

areas, to be allotted in accordance with their respective 

needs for assistance under this subpart, as determined by 

the Secretary, for activities, approved by the Secretary, 

consistent with this subpart; 

ø(C) 6.5 percent of such amount for national activities 

under sections 3131 and 3303, except that not more than 

0.5 percent of such amount shall be reserved for evaluation 

activities conducted by the Secretary and not more than 

$2,000,000 of such amount may be reserved for the National Clearinghouse for English Language Acquisition and 

Language Instruction Educational Programs described in 

section 3303; and 

ø(D) such sums as may be necessary to make continuation awards under paragraph (2). 

ø(2) CONTINUATION AWARDS.— 

ø(A) IN GENERAL.—Before making allotments to State 

educational agencies under paragraph (3) for any fiscal 

year, the Secretary shall use the sums reserved under 

paragraph (1)(D) to make continuation awards to recipients who received grants or fellowships for the fiscal year 

preceding any fiscal year described in section 3001(b)(1)(A) 

under— 

ø(i) subparts 1 and 3 of part A of title VII (as in effect on the day before the date of enactment of the No 

Child Left Behind Act of 2001); or 

ø(ii) subparts 1 and 3 of part B of this title. 

ø(B) USE OF FUNDS.—The Secretary shall make the 

awards in order to allow such recipients to receive awards 


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for the complete period of their grants or fellowships under 

the appropriate subparts. 

ø(3) STATE ALLOTMENTS.— ø(A) IN GENERAL.—Except as provided in subparagraph 

(B), from the amount appropriated under section 3001(a) 

for each fiscal year that remains after making the reservations under paragraph (1), the Secretary shall allot to each 

State educational agency having a plan approved under 

section 3113(c)— 

ø(i) an amount that bears the same relationship to 

80 percent of the remainder as the number of limited 

English proficient children in the State bears to the 

number of such children in all States; and 

ø(ii) an amount that bears the same relationship to 

20 percent of the remainder as the number of immigrant children and youth in the State bears to the 

number of such children and youth in all States. 

ø(B) MINIMUM ALLOTMENTS.—No State educational agency shall receive an allotment under this paragraph that is 

less than $500,000. 

ø(C) REALLOTMENT.—If any State educational agency described in subparagraph (A) does not submit a plan to the 

Secretary for a fiscal year, or submits a plan (or any 

amendment to a plan) that the Secretary, after reasonable 

notice and opportunity for a hearing, determines does not 

satisfy the requirements of this subpart, the Secretary— 

ø(i) shall endeavor to make the State’s allotment 

available on a competitive basis to specially qualified 

agencies within the State to satisfy the requirements 

of section 3115 (and any additional requirements that 

the Secretary may impose), consistent with the purposes of such section, and to carry out required and 

authorized activities under such section; and 

ø(ii) shall reallot any portion of such allotment remaining after the application of clause (i) to the remaining State educational agencies in accordance with 

subparagraph (A). 

ø(D) SPECIAL RULE FOR PUERTO RICO.—The total amount 

allotted to Puerto Rico for any fiscal year under subparagraph (A) shall not exceed 0.5 percent of the total amount 

allotted to all States for that fiscal year. 

ø(4) USE OF DATA FOR DETERMINATIONS.— 

ø(A) IN GENERAL.—In making State allotments under 

paragraph (3), for the purpose of determining the number 

of limited English proficient children in a State and in all 

States, and the number of immigrant children and youth 

in a State and in all States, for each fiscal year, the Secretary shall use data that will yield the most accurate, upto-date numbers of such children and youth. 

ø(B) SPECIAL RULE.— ø(i) FIRST 2 YEARS.—In making determinations 

under subparagraph (A) for the 2 fiscal years following 

the date of enactment of the No Child Left Behind Act 

of 2001, the Secretary shall determine the number of 

limited English proficient children in a State and in 


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all States, and the number of immigrant children and 

youth in a State and in all States, using data available 

from the Bureau of Census or submitted by the States 

to the Secretary. 

ø(ii) SUBSEQUENT YEARS.—For subsequent fiscal 

years, the Secretary shall determine the number of 

limited English proficient children in a State and in 

all States, and the number of immigrant children and 

youth in a State and in all States, using the more accurate of— 

ø(I) the data available from the American Community Survey available from the Department of 

Commerce; or 

ø(II) the number of children being assessed for 

English proficiency in a State as required under 

section 1111(b)(7). 

øSEC. 3112. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN 

SCHOOL. 

ø(a) ELIGIBLE ENTITIES.—For the purpose of carrying out programs under this part for individuals served by elementary schools, 

secondary schools, and postsecondary schools operated predominately for Native American children (including Alaska Native children), the following shall be considered to be an eligible entity: 

ø(1) An Indian tribe. 

ø(2) A tribally sanctioned educational authority. 

ø(3) A Native Hawaiian or Native American Pacific Islander 

native language educational organization. 

ø(4) An elementary school or secondary school that is operated or funded by the Bureau of Indian Affairs, or a consortium of such schools. 

ø(5) An elementary school or secondary school operated 

under a contract with or grant from the Bureau of Indian Affairs, in consortium with another such school or a tribal or 

community organization. 

ø(6) An elementary school or secondary school operated by 

the Bureau of Indian Affairs and an institution of higher education, in consortium with an elementary school or secondary 

school operated under a contract with or grant from the Bureau of Indian Affairs or a tribal or community organization. 

ø(b) SUBMISSION OF APPLICATIONS FOR ASSISTANCE.—Notwithstanding any other provision of this part, an entity that is considered to be an eligible entity under subsection (a), and that desires 

to receive Federal financial assistance under this subpart, shall 

submit an application to the Secretary. 

ø(c) SPECIAL RULE.—An eligible entity described in subsection (a) 

that receives Federal financial assistance pursuant to this section 

shall not be eligible to receive a subgrant under section 3114. 

øSEC. 3113. STATE AND SPECIALLY QUALIFIED AGENCY PLANS. 

ø(a) PLAN REQUIRED.—Each State educational agency and specially qualified agency desiring a grant under this subpart shall 

submit a plan to the Secretary at such time, in such manner, and 

containing such information as the Secretary may require. 

ø(b) CONTENTS.—Each plan submitted under subsection (a) 

shall— 


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ø(1) describe the process that the agency will use in making 

subgrants to eligible entities under section 3114(d)(1); 

ø(2) describe how the agency will establish standards and objectives for raising the level of English proficiency that are derived from the four recognized domains of speaking, listening, 

reading, and writing, and that are aligned with achievement of 

the challenging State academic content and student academic 

achievement standards described in section 1111(b)(1); 

ø(3) contain an assurance that— 

ø(A) in the case of a State educational agency, the agency consulted with local educational agencies, education-related community groups and nonprofit organizations, parents, teachers, school administrators, and researchers, in 

developing the annual measurable achievement objectives 

described in section 3122; 

ø(B) in the case of a specially qualified agency, the agency consulted with education-related community groups and 

nonprofit organizations, parents, teachers, and researchers, in developing the annual measurable achievement objectives described in section 3122; 

ø(C) the agency will ensure that eligible entities receiving a subgrant under this subpart comply with the requirement in section 1111(b)(7) to annually assess in 

English children who have been in the United States for 

3 or more consecutive years; 

ø(D) the agency will ensure that eligible entities receiving a subgrant under this subpart annually assess the 

English proficiency of all limited English proficient children participating in a program funded under this subpart, consistent with section 1111(b)(7); 

ø(E) in awarding subgrants under section 3114, the 

agency will address the needs of school systems of all sizes 

and in all geographic areas, including school systems with 

rural and urban schools; 

ø(F) subgrants to eligible entities under section 

3114(d)(1) will be of sufficient size and scope to allow such 

entities to carry out high-quality language instruction educational programs for limited English proficient children; 

and 

ø(G) the agency will require an eligible entity receiving 

a subgrant under this subpart to use the subgrant in ways 

that will build such recipient’s capacity to continue to offer 

high-quality language instruction educational programs 

that assist limited English proficient children in meeting 

challenging State academic content and student academic 

achievement standards once assistance under this subpart 

is no longer available; 

ø(4) describe how the agency will coordinate its programs 

and activities under this subpart with its other programs and 

activities under this Act and other Acts, as appropriate; 

ø(5) describe how the agency will hold local educational 

agencies, eligible entities, elementary schools, and secondary 

schools accountable for— 

ø(A) meeting all annual measurable achievement objectives described in section 3122; 


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ø(B) making adequate yearly progress for limited 

English proficient children, as described in section 

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

ø(C) achieving the purposes of this part; and 

ø(6) describe how eligible entities in the State will be given 

the flexibility to teach limited English proficient children— 

ø(A) using a language instruction curriculum that is tied 

to scientifically based research on teaching limited English 

proficient children and that has been demonstrated to be 

effective; and 

ø(B) in the manner the eligible entities determine to be 

the most effective. 

ø(c) APPROVAL.—The Secretary, after using a peer review process, shall approve a plan submitted under subsection (a) if the plan 

meets the requirements of this section. 

ø(d) DURATION OF PLAN.— ø(1) IN GENERAL.—Each plan submitted by a State educational agency or specially qualified agency and approved 

under subsection (c) shall— 

ø(A) remain in effect for the duration of the agency’s 

participation under this part; and 

ø(B) be periodically reviewed and revised by the agency, 

as necessary, to reflect changes to the agency’s strategies 

and programs carried out under this part. 

ø(2) ADDITIONAL INFORMATION.— ø(A) AMENDMENTS.—If the State educational agency or 

specially qualified agency amends the plan, the agency 

shall submit such amendment to the Secretary. 

ø(B) APPROVAL.—The Secretary shall approve such 

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. 

ø(e) CONSOLIDATED PLAN.—A plan submitted under subsection 

(a) may be submitted as part of a consolidated plan under section 

9302. 

ø(f) SECRETARY ASSISTANCE.—The Secretary shall provide technical assistance, if requested, in the development of English proficiency standards, objectives, and assessments. 

øSEC. 3114. WITHIN-STATE ALLOCATIONS. 

ø(a) IN GENERAL.—After making the reservation required under 

subsection (d)(1), each State educational agency receiving a grant 

under section 3111(c)(3) shall award subgrants for a fiscal year by 

allocating to each eligible entity in the State having a plan approved under section 3116 an amount that bears the same relationship to the amount received under the grant and remaining after 

making such reservation as the population of limited English proficient children in schools served by the eligible entity bears to the 

population of limited English proficient children in schools served 

by all eligible entities in the State. 

ø(b) LIMITATION.—A State educational agency shall not award a 

subgrant from an allocation made under subsection (a) if the 

amount of such subgrant would be less than $10,000. 

ø(c) REALLOCATION.—Whenever a State educational agency determines that an amount from an allocation made to an eligible entity 


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under subsection (a) for a fiscal year will not be used by the entity 

for the purpose for which the allocation was made, the agency 

shall, in accordance with such rules as it determines to be appropriate, reallocate such amount, consistent with such subsection, to 

other eligible entities in the State that the agency determines will 

use the amount to carry out that purpose. 

ø(d) REQUIRED RESERVATION.—A State educational agency receiving a grant under this subpart for a fiscal year— 

ø(1) shall reserve not more than 15 percent of the agency’s 

allotment under section 3111(c)(3) to award subgrants to eligible entities in the State that have experienced a significant increase, as compared to the average of the 2 preceding fiscal 

years, in the percentage or number of immigrant children and 

youth, who have enrolled, during the fiscal year preceding the 

fiscal year for which the subgrant is made, in public and nonpublic elementary schools and secondary schools in the geographic areas under the jurisdiction of, or served by, such entities; and 

ø(2) in awarding subgrants under paragraph (1)— 

ø(A) shall equally consider eligible entities that satisfy 

the requirement of such paragraph but have limited or no 

experience in serving immigrant children and youth; and 

ø(B) shall consider the quality of each local plan under 

section 3116 and ensure that each subgrant is of sufficient 

size and scope to meet the purposes of this part. 

øSEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES. 

ø(a) PURPOSES OF SUBGRANTS.—A State educational agency may 

make a subgrant to an eligible entity from funds received by the 

agency under this subpart only if the entity agrees to expend the 

funds to improve the education of limited English proficient children, by assisting the children to learn English and meet challenging State academic content and student academic achievement 

standards. In carrying out activities with such funds, the entity 

shall use approaches and methodologies based on scientifically 

based research on teaching limited English proficient children and 

immigrant children and youth for the following purposes: 

ø(1) Developing and implementing new language instruction 

educational programs and academic content instruction programs for such children, and such children and youth, including programs of early childhood education, elementary school 

programs, and secondary school programs. 

ø(2) Carrying out highly focused, innovative, locally designed 

activities to expand or enhance existing language instruction 

educational programs and academic content instruction programs for such children, and such children and youth. 

ø(3) Implementing, within an individual school, schoolwide 

programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language 

instruction educational programs and academic content instruction for such children, and such children and youth. 

ø(4) Implementing, within the entire jurisdiction of a local 

educational agency, agencywide programs for restructuring, reforming, and upgrading all relevant programs, activities, and 

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grams and academic content instruction for such children, and 

such children and youth. 

ø(b) ADMINISTRATIVE EXPENSES.—Each eligible entity receiving 

funds under section 3114(a) for a fiscal year may use not more 

than 2 percent of such funds for the cost of administering this subpart. 

ø(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligible entity receiving funds under section 3114(a) shall use the funds— 

ø(1) to increase the English proficiency of limited English 

proficient children by providing high-quality language instruction educational programs that are based on scientifically 

based research demonstrating the effectiveness of the programs in increasing— 

ø(A) English proficiency; and 

ø(B) student academic achievement in the core academic 

subjects; and 

ø(2) to provide high-quality professional development to 

classroom teachers (including teachers in classroom settings 

that are not the settings of language instruction educational 

programs), principals, administrators, and other school or community-based organizational personnel, that is— 

ø(A) designed to improve the instruction and assessment 

of limited English proficient children; 

ø(B) designed to enhance the ability of such teachers to 

understand and use curricula, assessment measures, and 

instruction strategies for limited English proficient children; 

ø(C) based on scientifically based research demonstrating the effectiveness of the professional development in increasing children’s English proficiency or substantially increasing the subject matter knowledge, teaching knowledge, and teaching skills of such teachers; and 

ø(D) of sufficient intensity and duration (which shall not 

include activities such as one-day or short-term workshops 

and conferences) to have a positive and lasting impact on 

the teachers’ performance in the classroom, except that 

this subparagraph shall not apply to an activity that is one 

component of a long-term, comprehensive professional development plan established by a teacher and the teacher’s 

supervisor based on an assessment of the needs of the 

teacher, the supervisor, the students of the teacher, and 

any local educational agency employing the teacher. 

ø(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Subject to subsection 

(c), an eligible entity receiving funds under section 3114(a) may use 

the funds to achieve one of the purposes described in subsection (a) 

by undertaking one or more of the following activities: 

ø(1) Upgrading program objectives and effective instruction 

strategies. 

ø(2) Improving the instruction program for limited English 

proficient children by identifying, acquiring, and upgrading 

curricula, instruction materials, educational software, and assessment procedures. 

ø(3) Providing— 

ø(A) tutorials and academic or vocational education for 

limited English proficient children; and 


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ø(B) intensified instruction. 

ø(4) Developing and implementing elementary school or secondary school language instruction educational programs that 

are coordinated with other relevant programs and services. 

ø(5) Improving the English proficiency and academic achievement of limited English proficient children. 

ø(6) Providing community participation programs, family literacy services, and parent outreach and training activities to 

limited English proficient children and their families— 

ø(A) to improve the English language skills of limited 

English proficient children; and 

ø(B) to assist parents in helping their children to improve their academic achievement and becoming active 

participants in the education of their children. 

ø(7) Improving the instruction of limited English proficient 

children by providing for— 

ø(A) the acquisition or development of educational technology or instructional materials; 

ø(B) access to, and participation in, electronic networks 

for materials, training, and communication; and 

ø(C) incorporation of the resources described in subparagraphs (A) and (B) into curricula and programs, such as 

those funded under this subpart. 

ø(8) Carrying out other activities that are consistent with the 

purposes of this section. 

ø(e) ACTIVITIES BY AGENCIES EXPERIENCING SUBSTANTIAL IN- CREASES IN IMMIGRANT CHILDREN AND YOUTH.— ø(1) IN GENERAL.—An eligible entity receiving funds under 

section 3114(d)(1) shall use the funds to pay for activities that 

provide enhanced instructional opportunities for immigrant 

children and youth, which may include— 

ø(A) family literacy, parent outreach, and training activities designed to assist parents to become active participants in the education of their children; 

ø(B) support for personnel, including teacher aides who 

have been specifically trained, or are being trained, to provide services to immigrant children and youth; 

ø(C) provision of tutorials, mentoring, and academic or 

career counseling for immigrant children and youth; 

ø(D) identification and acquisition of curricular materials, educational software, and technologies to be used in 

the program carried out with funds; 

ø(E) basic instruction services that are directly attributable to the presence in the school district involved of immigrant children and youth, including the payment of 

costs of providing additional classroom supplies, costs of 

transportation, or such other costs as are directly attributable to such additional basic instruction services; 

ø(F) other instruction services that are designed to assist 

immigrant children and youth to achieve in elementary 

schools and secondary schools in the United States, such 

as programs of introduction to the educational system and 

civics education; and 

ø(G) activities, coordinated with community-based organizations, institutions of higher education, private sector 


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entities, or other entities with expertise in working with 

immigrants, to assist parents of immigrant children and 

youth by offering comprehensive community services. 

ø(2) DURATION OF SUBGRANTS.—The duration of a subgrant 

made by a State educational agency under section 3114(d)(1) 

shall be determined by the agency in its discretion. 

ø(f) SELECTION OF METHOD OF INSTRUCTION.— ø(1) IN GENERAL.—To receive a subgrant from a State educational agency under this subpart, an eligible entity shall select one or more methods or forms of instruction to be used in 

the programs and activities undertaken by the entity to assist 

limited English proficient children to attain English proficiency 

and meet challenging State academic content and student academic achievement standards. 

ø(2) CONSISTENCY.—Such selection shall be consistent with 

sections 3125 through 3127. 

ø(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds made available 

under this subpart shall be used so as to supplement the level of 

Federal, State, and local public funds that, in the absence of such 

availability, would have been expended for programs for limited 

English proficient children and immigrant children and youth and 

in no case to supplant such Federal, State, and local public funds. 

øSEC. 3116. LOCAL PLANS. 

ø(a) PLAN REQUIRED.—Each eligible entity desiring a subgrant 

from the State educational agency under section 3114 shall submit 

a plan to the State educational agency at such time, in such manner, and containing such information as the State educational 

agency may require. 

ø(b) CONTENTS.—Each plan submitted under subsection (a) 

shall— 

ø(1) describe the programs and activities proposed to be developed, implemented, and administered under the subgrant; 

ø(2) describe how the eligible entity will use the subgrant 

funds to meet all annual measurable achievement objectives 

described in section 3122; 

ø(3) describe how the eligible entity will hold elementary 

schools and secondary schools receiving funds under this subpart accountable for— 

ø(A) meeting the annual measurable achievement objectives described in section 3122; 

ø(B) making adequate yearly progress for limited 

English proficient children, as described in section 

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

ø(C) annually measuring the English proficiency of limited English proficient children, so that such children 

served by the programs carried out under this part develop 

proficiency in English while meeting State academic content and student academic achievement standards as required by section 1111(b)(1); 

ø(4) describe how the eligible entity will promote parental 

and community participation in programs for limited English 

proficient children; 

ø(5) contain an assurance that the eligible entity consulted 

with teachers, researchers, school administrators, and parents, 

and, if appropriate, with education-related community groups 


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and nonprofit organizations, and institutions of higher education, in developing such plan; and 

ø(6) describe how language instruction educational programs 

carried out under the subgrant will ensure that limited 

English proficient children being served by the programs develop English proficiency. 

ø(c) TEACHER ENGLISH FLUENCY.—Each eligible entity receiving 

a subgrant under section 3114 shall include in its plan a certification that all teachers in any language instruction educational 

program for limited English proficient children that is, or will be, 

funded under this part are fluent in English and any other language used for instruction, including having written and oral communications skills. 

ø(d) OTHER REQUIREMENTS FOR APPROVAL.—Each local plan shall 

also contain assurances that— 

ø(1) each local educational agency that is included in the eligible entity is complying with section 3302 prior to, and 

throughout, each school year; 

ø(2) the eligible entity annually will assess the English proficiency of all children with limited English proficiency participating in programs funded under this part; 

ø(3) the eligible entity has based its proposed plan on scientifically based research on teaching limited English proficient children; 

ø(4) the eligible entity will ensure that the programs will enable children to speak, read, write, and comprehend the 

English language and meet challenging State academic content 

and student academic achievement standards; and 

ø(5) the eligible entity is not in violation of any State law, 

including State constitutional law, regarding the education of 

limited English proficient children, consistent with sections 

3126 and 3127. 

øSubpart 2—Accountability and Administration 

øSEC. 3121. EVALUATIONS. 

ø(a) IN GENERAL.—Each eligible entity that receives a subgrant 

from a State educational agency under subpart 1 shall provide such 

agency, at the conclusion of every second fiscal year during which 

the subgrant is received, with an evaluation, in a form prescribed 

by the agency, that includes— 

ø(1) a description of the programs and activities conducted 

by the entity with funds received under subpart 1 during the 

two immediately preceding fiscal years; 

ø(2) a description of the progress made by children in learning the English language and meeting challenging State academic content and student academic achievement standards; 

ø(3) the number and percentage of children in the programs 

and activities attaining English proficiency by the end of each 

school year, as determined by a valid and reliable assessment 

of English proficiency; and 

ø(4) a description of the progress made by children in meeting challenging State academic content and student academic 

achievement standards for each of the 2 years after such children are no longer receiving services under this part. 


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ø(b) USE OF EVALUATION.—An evaluation provided by an eligible 

entity under subsection (a) shall be used by the entity and the 

State educational agency— 

ø(1) for improvement of programs and activities; 

ø(2) to determine the effectiveness of programs and activities 

in assisting children who are limited English proficient to attain English proficiency (as measured consistent with subsection (d)) and meet challenging State academic content and 

student academic achievement standards; and 

ø(3) in determining whether or not to continue funding for 

specific programs or activities. 

ø(c) EVALUATION COMPONENTS.—An evaluation provided by an 

eligible entity under subsection (a) shall— 

ø(1) provide an evaluation of children enrolled in a program 

or activity conducted by the entity using funds under subpart 

1 (including the percentage of children) who— 

ø(A) are making progress in attaining English proficiency, including the percentage of children who have 

achieved English proficiency; 

ø(B) have transitioned into classrooms not tailored to 

limited English proficient children, and have a sufficient 

level of English proficiency to permit them to achieve in 

English and transition into classrooms not tailored to limited English proficient children; 

ø(C) are meeting the same challenging State academic 

content and student academic achievement standards as 

all children are expected to meet; and 

ø(D) are not receiving waivers for the reading or language arts assessments under section 1111(b)(3)(C); and 

ø(2) include such other information as the State educational 

agency may require. 

ø(d) EVALUATION MEASURES.—A State shall approve evaluation 

measures for use under subsection (c) that are designed to assess— 

ø(1) the progress of children in attaining English proficiency, 

including a child’s level of comprehension, speaking, listening, 

reading, and writing skills in English; 

ø(2) student attainment of challenging State student academic achievement standards on assessments described in section 1111(b)(3); and 

ø(3) progress in meeting the annual measurable achievement 

objectives described in section 3122. 

ø(e) SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES.—Each 

specially qualified agency receiving a grant under this part shall 

provide the evaluations described in subsection (a) to the Secretary 

subject to the same requirements as apply to eligible entities providing such evaluations to State educational agencies under such 

subsection. 

øSEC. 3122. ACHIEVEMENT OBJECTIVES AND ACCOUNTABILITY. 

ø(a) ACHIEVEMENT OBJECTIVES.— 

ø(1) IN GENERAL.—Each State educational agency or specially qualified agency receiving a grant under subpart 1 shall 

develop annual measurable achievement objectives for limited 

English proficient children served under this part that relate 

to such children’s development and attainment of English proficiency while meeting challenging State academic content and 


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student academic achievement standards as required by section 1111(b)(1). 

ø(2) DEVELOPMENT OF OBJECTIVES.—Such annual measurable achievement objectives shall be developed in a manner 

that— 

ø(A) reflects the amount of time an individual child has 

been enrolled in a language instruction educational program; and 

ø(B) uses consistent methods and measurements to reflect the increases described in subparagraphs (A)(i), 

(A)(ii), and (B) of paragraph (3). 

ø(3) CONTENTS.—Such annual measurable achievement objectives— 

ø(A) shall include— 

ø(i) at a minimum, annual increases in the number 

or percentage of children making progress in learning 

English; 

ø(ii) at a minimum, annual increases in the number 

or percentage of children attaining English proficiency 

by the end of each school year, as determined by a 

valid and reliable assessment of English proficiency 

consistent with section 1111(b)(7); and 

ø(iii) making adequate yearly progress for limited 

English proficient children as described in section 

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

ø(B) at the discretion of the agency, may include the 

number or percentage of children not receiving waivers for 

reading or language arts assessments under section 

1111(b)(3)(C), but this achievement objective shall not be 

applied to an eligible entity that, in a given school year— 

ø(i) has experienced a large increase in limited 

English proficient children or immigrant children and 

youth; 

ø(ii) enrolls a statistically significant number of immigrant children and youth from countries where such 

children and youth had little or no access to formal 

education; or 

ø(iii) has a statistically significant number of immigrant children and youth who have fled from war or 

natural disaster. 

ø(b) ACCOUNTABILITY.— 

ø(1) FOR STATES.—Each State educational agency receiving a 

grant under subpart 1 shall hold eligible entities receiving a 

subgrant under such subpart accountable for meeting the annual measurable achievement objectives under subsection (a), 

including making adequate yearly progress for limited English 

proficient children. 

ø(2) IMPROVEMENT PLAN.—If a State educational agency determines, based on the annual measurable achievement objectives described in subsection (a), that an eligible entity has 

failed to make progress toward meeting such objectives for 2 

consecutive years, the agency shall require the entity to develop an improvement plan that will ensure that the entity 

meets such objectives. The improvement plan shall specifically 


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address the factors that prevented the entity from achieving 

such objectives. 

ø(3) TECHNICAL ASSISTANCE.—During the development of the 

improvement plan described in paragraph (2), and throughout 

its implementation, the State educational agency shall— 

ø(A) provide technical assistance to the eligible entity; 

ø(B) provide technical assistance, if applicable, to schools 

served by such entity under subpart 1 that need assistance 

to enable the schools to meet the annual measurable 

achievement objectives described in subsection (a); 

ø(C) develop, in consultation with the entity, professional development strategies and activities, based on scientifically based research, that the agency will use to meet 

such objectives; 

ø(D) require such entity to utilize such strategies and activities; and 

ø(E) develop, in consultation with the entity, a plan to 

incorporate strategies and methodologies, based on scientifically based research, to improve the specific program 

or method of instruction provided to limited English proficient children. 

ø(4) ACCOUNTABILITY.—If a State educational agency determines that an eligible entity has failed to meet the annual 

measurable achievement objectives described in subsection (a) 

for 4 consecutive years, the agency shall— 

ø(A) require such entity to modify the entity’s curriculum, program, and method of instruction; or 

ø(B)(i) make a determination whether the entity shall 

continue to receive funds related to the entity’s failure to 

meet such objectives; and 

ø(ii) require such entity to replace educational personnel 

relevant to the entity’s failure to meet such objectives. 

ø(c) SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES.—The 

Secretary shall hold specially qualified agencies receiving a grant 

under this subpart accountable for meeting the annual measurable 

achievement objectives described in subsection (a) in the same 

manner as State educational agencies hold eligible entities accountable under subsection (b). 

øSEC. 3123. REPORTING REQUIREMENTS. 

ø(a) STATES.—Based upon the evaluations provided to a State 

educational agency under section 3121, each such agency that receives a grant under this part shall prepare and submit every second year to the Secretary a report on programs and activities carried out by the State educational agency under this part and the 

effectiveness of such programs and activities in improving the education provided to children who are limited English proficient. 

ø(b) SECRETARY.—Every second year, the Secretary shall prepare 

and submit to the Committee on Education and the Workforce of 

the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report— 

ø(1) on programs and activities carried out to serve limited 

English proficient children under this part, and the effectiveness of such programs and activities in improving the academic 

achievement and English proficiency of children who are limited English proficient; 


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ø(2) on the types of language instruction educational programs used by local educational agencies or eligible entities receiving funding under this part to teach limited English proficient children; 

ø(3) containing a critical synthesis of data reported by eligible entities to States under section 3121(a); 

ø(4) containing a description of technical assistance and 

other assistance provided by State educational agencies under 

section 3111(b)(2)(C); 

ø(5) containing an estimate of the number of certified or licensed teachers working in language instruction educational 

programs and educating limited English proficient children, 

and an estimate of the number of such teachers that will be 

needed for the succeeding 5 fiscal years; 

ø(6) containing the major findings of scientifically based research carried out under this part; 

ø(7) containing the number of programs or activities, if any, 

that were terminated because the entities carrying out the programs or activities were not able to reach program goals; 

ø(8) containing the number of limited English proficient children served by eligible entities receiving funding under this 

part who were transitioned out of language instruction educational programs funded under this part into classrooms 

where instruction is not tailored for limited English proficient 

children; and 

ø(9) containing other information gathered from the evaluations from specially qualified agencies and other reports submitted to the Secretary under this title when applicable. 

øSEC. 3124. COORDINATION WITH RELATED PROGRAMS. 

øIn order to maximize Federal efforts aimed at serving the educational needs of children of limited English proficiency, the Secretary shall coordinate and ensure close cooperation with other entities carrying out programs serving language-minority and limited 

English proficient children that are administered by the Department and other agencies. 

øSEC. 3125. RULES OF CONSTRUCTION. 

øNothing in this part shall be construed— 

ø(1) to prohibit a local educational agency from serving limited English proficient children simultaneously with children 

with similar educational needs, in the same educational settings where appropriate; 

ø(2) to require a State or a local educational agency to establish, continue, or eliminate any particular type of instructional 

program for limited English proficient children; or 

ø(3) to limit the preservation or use of Native American languages. 

øSEC. 3126. LEGAL AUTHORITY UNDER STATE LAW. 

øNothing in this part shall be construed to negate or supersede 

State law, or the legal authority under State law of any State agency, State entity, or State public official, over programs that are 

under the jurisdiction of the State agency, entity, or official. 


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øSEC. 3127. CIVIL RIGHTS. 

øNothing in this part shall be construed in a manner inconsistent with any Federal law guaranteeing a civil right. 

øSEC. 3128. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO. 

øNotwithstanding any other provision of this part, programs authorized under this part that serve Native American (including Native American Pacific Islander) children and children in the Commonwealth of Puerto Rico may include programs of instruction, 

teacher training, curriculum development, evaluation, and assessment designed for Native American children learning and studying 

Native American languages and children of limited Spanish proficiency, except that an outcome of programs serving such children 

shall be increased English proficiency among such children. 

øSEC. 3129. PROHIBITION. 

øIn carrying out this part, the Secretary shall neither mandate 

nor preclude the use of a particular curricular or pedagogical approach to educating limited English proficient children. 

øSubpart 3—National Activities 

øSEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT. 

øThe Secretary shall use funds made available under section 

3111(c)(1)(C) to award grants on a competitive basis, for a period 

of not more than 5 years, to institutions of higher education (in 

consortia with State educational agencies or local educational agencies) to provide for professional development activities that will 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— 

ø(1) for preservice professional development programs that 

will assist local schools and institutions of higher education to 

upgrade the qualifications and skills of educational personnel 

who are not certified or licensed, especially educational paraprofessionals; 

ø(2) for the development of curricula appropriate to the 

needs of the consortia participants involved; and 

ø(3) in conjunction with other Federal need-based student financial assistance programs, for financial assistance, and costs 

related to tuition, fees, and books for enrolling in courses required to complete the degree involved, to meet certification or 

licensing requirements for teachers who work in language instruction educational programs or serve limited English proficient children. 

øSubpart 4—Definitions 

øSEC. 3141. ELIGIBLE ENTITY. 

øIn this part, the term ‘‘eligible entity’’ means— 

ø(1) one or more local educational agencies; or 


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ø(2) one or more local educational agencies, in collaboration 

with an institution of higher education, community-based organization, or State educational agency. 

øPART B—IMPROVING LANGUAGE 

INSTRUCTION EDUCATIONAL PROGRAMS 

øSEC. 3201. SHORT TITLE. 

øThis part may be cited as the ‘‘Improving Language Instruction 

Educational Programs For Academic Achievement Act’’. 

øSEC. 3202. PURPOSE. 

øThe purpose of this part is to help ensure that limited English 

proficient children master English and meet the same rigorous 

standards for academic achievement as all children are expected to 

meet, including meeting challenging State academic content and 

student academic achievement standards by— 

ø(1) promoting systemic improvement and reform of, and developing accountability systems for, educational programs serving limited English proficient children; 

ø(2) developing language skills and multicultural understanding; 

ø(3) developing the English proficiency of limited English 

proficient children and, to the extent possible, the native language skills of such children; 

ø(4) providing similar assistance to Native Americans with 

certain modifications relative to the unique status of Native 

American languages under Federal law; 

ø(5) developing data collection and dissemination, research, 

materials, and technical assistance that are focused on school 

improvement for limited English proficient children; and 

ø(6) developing programs that strengthen and improve the 

professional training of educational personnel who work with 

limited English proficient children. 

øSEC. 3203. NATIVE AMERICAN CHILDREN IN SCHOOL. 

ø(a) ELIGIBLE ENTITIES.—For the purpose of carrying out programs under this part for individuals served by elementary schools, 

secondary schools, and postsecondary schools operated predominately for Native American (including Alaska Native) children and 

youth, an Indian tribe, a tribally sanctioned educational authority, 

a Native Hawaiian or Native American Pacific Islander native language education organization, or an elementary school or secondary 

school that is operated or funded by the Bureau of Indian Affairs 

shall be considered to be a local educational agency. 

ø(b) APPLICATION.—Notwithstanding any other provision of this 

part, each tribe, authority, organization, or school described in subsection (a) shall submit any application for assistance under this 

part directly to the Secretary along with timely comments on the 

need for the program proposed in the application. 

øSEC. 3204. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED STATES. 

øFor the purpose of carrying out programs under this part in the 

outlying areas, the term ‘‘local educational agency’’ includes public 

institutions or agencies whose mission is the preservation and 

maintenance of native languages. 


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øSubpart 1—Program Development and 

Enhancement 

øSEC. 3211. FINANCIAL ASSISTANCE FOR LANGUAGE INSTRUCTION 

EDUCATIONAL PROGRAMS. 

øThe purpose of this subpart is to assist local educational agencies, institutions of higher education, and community-based organizations, through the grants authorized under sections 3212 and 

3213— 

ø(1) to develop and enhance their capacity to provide highquality instruction through language instruction educational 

programs or special alternative instruction programs to limited 

English proficient children; and 

ø(2) to help such children— 

ø(A) develop English proficiency and, to the extent possible, proficiency in their native language; and 

ø(B) meet the same challenging State academic content 

and student academic achievement standards as all children are expected to meet under section 1111(b)(1). 

øSEC. 3212. PROGRAM ENHANCEMENT ACTIVITIES. 

ø(a) PROGRAM AUTHORIZED.— 

ø(1) AUTHORITY.— 

ø(A) IN GENERAL.—The Secretary is authorized to award 

grants to eligible entities having applications approved 

under section 3214 to enable such entities to provide innovative, locally designed, high-quality instruction to limited 

English proficient children, by expanding, developing, or 

strengthening language instruction educational programs 

or special alternative instruction programs. 

ø(B) PERIOD.—Each grant awarded under this section 

shall be awarded for a period of 3 years. 

ø(2) AUTHORIZED ACTIVITIES.— 

ø(A) MANDATORY ACTIVITIES.—Grants awarded under 

this section shall be used for— 

ø(i) developing, implementing, expanding, or enhancing comprehensive preschool, elementary, or secondary education programs for limited English proficient children, that are— 

ø(I) aligned with State and local academic content and student academic achievement standards, and local school reform efforts; and 

ø(II) coordinated with related academic services 

for children; 

ø(ii) providing high-quality professional development 

to classroom teachers, administrators, and other 

school or community-based organization personnel to 

improve the instruction and assessment of limited 

English proficient children; and 

ø(iii) annually assessing the English proficiency of 

all limited English proficient children served by activities carried out under this section. 

ø(B) PERMISSIBLE ACTIVITIES.—Grants awarded under 

this section may be used for— 


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ø(i) implementing programs to upgrade the reading 

and other academic skills of limited English proficient 

children; 

ø(ii) developing accountability systems to monitor 

the academic progress of limited English proficient 

and formerly limited English proficient children; 

ø(iii) implementing family education programs and 

parent outreach and training activities designed to assist parents to become active participants in the education of their children; 

ø(iv) improving the instruction programs for limited 

English proficient children by identifying, acquiring, 

and applying effective curricula, instruction materials 

(including materials provided through technology), and 

assessments that are all aligned with State and local 

standards; 

ø(v) providing intensified instruction, including tutorials and academic, or vocational and technical, training, for limited English proficient children; 

ø(vi) adapting best practice models for meeting the 

needs of limited English proficient children; 

ø(vii) assisting limited English proficient children 

with disabilities; 

ø(viii) implementing applied learning activities such 

as service learning to enhance and support comprehensive elementary and secondary language instruction educational programs; 

ø(ix) acquiring or developing education technology or 

instruction materials for limited English proficient 

children, including materials in languages other than 

English; 

ø(x) participating in electronic networks for materials, training, and communication, and incorporating 

information derived from such participation in curricula and programs; and 

ø(xi) carrying out such other activities related to the 

purpose of this part as the Secretary may approve. 

ø(b) PRIORITY.—In awarding grants under this section, the Secretary may give priority to an entity that— 

ø(1) serves a school district— 

ø(A) that has a total district enrollment that is less than 

10,000 students; or 

ø(B) with a large percentage or number of limited 

English proficient children; and 

ø(2) has limited or no experience in serving limited English 

proficient children. 

ø(c) ELIGIBLE ENTITY.—In this section, the term ‘‘eligible entity’’ 

means— 

ø(1) one or more local educational agencies; 

ø(2) one or more local educational agencies in collaboration 

with an institution of higher education, community-based organization, or State educational agency; or 

ø(3) a community-based organization or an institution of 

higher education that has an application approved by the local 

educational agency to participate in programs carried out 


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under this subpart by enhancing early childhood education or 

family education programs or conducting instruction programs 

that supplement the educational services provided by a local 

educational agency. 

øSEC. 3213. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT ACTIVITIES. 

ø(a) PROGRAM AUTHORIZED.— ø(1) AUTHORITY.—The Secretary is authorized to award 

grants to eligible entities having applications approved under 

section 3214 to enable such entities to develop and implement 

language instruction educational programs, and improve, reform, or upgrade programs or operations that serve significant 

percentages or numbers of limited English proficient children. 

ø(2) MANDATORY ACTIVITIES.—Grants awarded under this 

section shall be used for— 

ø(A) improving instruction programs for limited English 

proficient children by acquiring and upgrading curricula 

and related instruction materials; 

ø(B) aligning the activities carried out under this section 

with State and local school reform efforts; 

ø(C) providing training, aligned with State and local 

standards, to school personnel and participating community-based organization personnel to improve the instruction and assessment of limited English proficient children; 

ø(D) developing and implementing plans, coordinated 

with plans for programs carried out under title II of the 

Higher Education Act of 1965 (where applicable), and title 

II of this Act (where applicable), to recruit teachers trained 

to serve limited English proficient children; 

ø(E) implementing culturally and linguistically appropriate family education programs, or parent outreach and 

training activities, that are designed to assist parents of 

limited English proficient children to become active participants in the education of their children; 

ø(F) coordinating the activities carried out under this 

section with other programs, such as programs carried out 

under this title; 

ø(G) providing services to meet the full range of the educational needs of limited English proficient children; 

ø(H) annually assessing the English proficiency of all 

limited English proficient children served by the activities 

carried out under this section; and 

ø(I) developing or improving accountability systems to 

monitor the academic progress of limited English proficient 

children. 

ø(3) PERMISSIBLE ACTIVITIES.—Grants awarded under this 

section may be used for— 

ø(A) implementing programs to upgrade reading and 

other academic skills of limited English proficient children; 

ø(B) developing and using educational technology to improve learning, assessments, and accountability to meet 

the needs of limited English proficient children; 

ø(C) implementing scientifically based research programs to meet the needs of limited English proficient children; 


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ø(D) providing tutorials and academic, or vocational and 

technical, training for limited English proficient children; 

ø(E) developing and implementing State and local academic content and student academic achievement standards for learning English as a second language, as well as 

for learning other languages; 

ø(F) developing and implementing programs for limited 

English proficient children to meet the needs of changing 

populations of such children; 

ø(G) implementing policies to ensure that limited 

English proficient children have access to other education 

programs (other than programs designed to address limited English proficiency); 

ø(H) assisting limited English proficient children with 

disabilities; 

ø(I) developing and implementing programs to help children become proficient in English and other languages; 

ø(J) acquiring or developing education technology or instruction materials for limited English proficient children, 

including materials in languages other than English; 

ø(K) participating in electronic networks for materials, 

training, and communication and incorporating information derived from such participation in curricula and programs; and 

ø(L) carrying out such other activities related to the purpose of this part as the Secretary may approve. 

ø(4) SPECIAL RULE.— 

ø(A) PLANNING.—A recipient of a grant under this section, before carrying out activities under this section, shall 

plan, train personnel, develop curricula, and acquire or develop materials, but shall not use funds made available 

under this section for planning purposes for more than 45 

days. 

ø(B) COMMENCEMENT OF ACTIVITIES.—The recipient shall 

commence carrying out activities under this section not 

later than the later of— 

ø(i) the beginning of the first school year that begins 

after the grant is received; or 

ø(ii) 30 days after the date of receipt of the grant. 

ø(b) AVAILABILITY OF APPROPRIATIONS.— 

ø(1) RESERVATION OF FUNDS FOR CONTINUED PAYMENTS.— 

ø(A) COVERED GRANT.—In this paragraph, the term ‘‘covered grant’’ means a grant— 

ø(i) that was awarded under section 7112, 7113, 

7114, or 7115 (as such sections were in effect on the 

day before the date of enactment of the No Child Left 

Behind Act of 2001); and 

ø(ii) for which the grant period has not ended. 

ø(B) RESERVATION.—For any fiscal year that is part of 

the grant period of a covered grant, the Secretary shall reserve funds for the payments described in subparagraph 

(C) from the amount appropriated for the fiscal year under 

section 3001(a) and made available for carrying out this 

section. 


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ø(C) PAYMENTS.—The Secretary shall continue to make 

grant payments to each entity that received a covered 

grant, in accordance with the terms of that grant, for the 

duration of the grant period of the grant, to carry out activities in accordance with the appropriate section described in subparagraph (A)(i). 

ø(2) AVAILABILITY.—Of the amount appropriated for a fiscal 

year under section 3001(a) that is made available to carry out 

this section, and that remains after the Secretary reserves 

funds for payments under paragraph (1)— 

ø(A) not less than one-third of the remainder shall be 

used to award grants to eligible entities for activities carried out within an entire school district; and 

ø(B) not less than two-thirds of the remainder shall be 

used to award grants to eligible entities for activities carried out within individual schools. 

ø(c) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to an applicant that— 

ø(1) experiences a significant increase in the number or percentage of limited English proficient children enrolled in the 

applicant’s programs and has limited or no experience in serving limited English proficient children; 

ø(2) is a local educational agency that serves a school district 

that has a total district enrollment that is less than 10,000 students; 

ø(3) demonstrates that the applicant has a proven track 

record of success in helping limited English proficient children 

learn English and meet high academic standards; or 

ø(4) serves a school district with a large number or percentage of limited English proficient children. 

ø(d) ELIGIBLE ENTITIES.—In this section, the term ‘‘eligible entity’’ means— 

ø(1) one or more local educational agencies; or 

ø(2) one or more local educational agencies, in collaboration 

with an institution of higher education, community-based organization, or State educational agency. 

øSEC. 3214. APPLICATIONS. 

ø(a) IN GENERAL.— ø(1) SECRETARY.—To receive a grant under this subpart, an 

eligible entity described in section 3212 or 3213 shall submit 

an application to the Secretary at such time, in such form, and 

containing such information as the Secretary may require. 

ø(2) STATE EDUCATIONAL AGENCY.—The eligible entity, with 

the exception of schools funded by the Bureau of Indian Affairs, shall submit a copy of the application submitted by the 

entity under this section to the State educational agency. 

ø(b) STATE REVIEW AND COMMENTS.— 

ø(1) DEADLINE.—The State educational agency, not later 

than 45 days after receipt of an application under this section, 

shall review the application and submit the written comments 

of the agency regarding the application to the Secretary. 

ø(2) COMMENTS.— 

ø(A) SUBMISSION OF COMMENTS.—Regarding applications 

submitted under this subpart, the State educational agency shall— 


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ø(i) submit to the Secretary written comments regarding all such applications; and 

ø(ii) submit to each eligible entity the comments 

that pertain to such entity. 

ø(B) SUBJECT.—For purposes of this subpart, such comments shall address— 

ø(i) how the activities to be carried out under the 

grant will further the academic achievement and 

English proficiency of limited English proficient children served under the grant; and 

ø(ii) how the grant application is consistent with the 

State plan required under section 1111. 

ø(c) ELIGIBLE ENTITY COMMENTS.—An eligible entity may submit 

to the Secretary comments that address the comments submitted 

by the State educational agency. 

ø(d) COMMENT CONSIDERATION.—In making grants under this 

subpart, the Secretary shall take into consideration comments 

made by State educational agencies. 

ø(e) WAIVER.—Notwithstanding subsection (b), the Secretary is 

authorized to waive the review requirement specified in subsection 

(b) if a State educational agency can demonstrate that such review 

requirement may impede such agency’s ability to fulfill the requirements of participation in the program authorized in section 3224, 

particularly such agency’s ability to carry out data collection efforts 

and such agency’s ability to provide technical assistance to local 

educational agencies not receiving funds under this subpart. 

ø(f) REQUIRED DOCUMENTATION.—Such application shall include 

documentation that— 

ø(1) the applicant has the qualified personnel required to develop, administer, and implement the program proposed in the 

application; and 

ø(2) the leadership personnel of each school participating in 

the program have been involved in the development and planning of the program in the school. 

ø(g) CONTENTS.— ø(1) IN GENERAL.—An application for a grant under this subpart shall contain the following: 

ø(A) A description of the need for the proposed program, 

including— 

ø(i) data on the number of limited English proficient 

children in the school or school district to be served; 

ø(ii) information on the characteristics of the children, including— 

ø(I) the native languages of the children; 

ø(II) the proficiency of the children in English 

and their native language; 

ø(III) achievement data (current as of the date 

of submission of the application) for the limited 

English proficient children in— 

ø(aa) reading or language arts (in English 

and in the native language, if applicable); and 

ø(bb) mathematics; 

ø(IV) a comparison of that data for the children 

with that data for the English proficient peers of 

the children; and 


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ø(V) the previous schooling experiences of the 

children; 

ø(iii) the professional development needs of the instruction personnel who will provide services for the 

limited English proficient children under the proposed 

program; and 

ø(iv) how the services provided through the grant 

will supplement the basic services provided to limited 

English proficient children. 

ø(B) A description of the program to be implemented and 

how such program’s design— 

ø(i) relates to the linguistic and academic needs of 

the limited English proficient children to be served; 

ø(ii) will ensure that the services provided through 

the program will supplement the basic services the applicant provides to limited English proficient children; 

ø(iii) will ensure that the program is coordinated 

with other programs under this Act and other Acts; 

ø(iv) involves the parents of the limited English proficient children to be served; 

ø(v) ensures accountability in achieving high academic standards; and 

ø(vi) promotes coordination of services for the limited English proficient children to be served and their 

families. 

ø(C) A description, if appropriate, of the applicant’s collaborative activities with institutions of higher education, 

community-based organizations, local educational agencies 

or State educational agencies, private schools, nonprofit organizations, or businesses in carrying out the proposed 

program. 

ø(D) An assurance that the applicant will not reduce the 

level of State and local funds that the applicant expends 

for language instruction educational programs or special 

alternative instruction programs if the applicant receives 

an award under this subpart. 

ø(E) An assurance that the applicant will employ teachers in the proposed program who, individually or in combination, are proficient in— 

ø(i) English, with respect to written, as well as oral, 

communication skills; and 

ø(ii) the native language of the majority of the children who the teachers teach, if instruction in the program is in the native language as well as English. 

ø(F) A budget for the grant funds. 

ø(2) ADDITIONAL INFORMATION.—Each application for a grant 

under section 3213 shall— 

ø(A) describe— 

ø(i) current services (as of the date of submission of 

the application) the applicant provides to limited 

English proficient children; 

ø(ii) what services limited English proficient children will receive under the grant that such children 

will not otherwise receive; 


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ø(iii) how funds received under this subpart will be 

integrated with all other Federal, State, local, and private resources that may be used to serve limited 

English proficient children; 

ø(iv) specific achievement and school retention goals 

for the children to be served by the proposed program 

and how progress toward achieving such goals will be 

measured; and 

ø(v) the current family education programs (as of 

the date of submission of the application) of the eligible entity, if applicable; and 

ø(B) provide assurances that— 

ø(i) the program funded with the grant will be integrated with the overall educational program of the 

children served through the proposed program; and 

ø(ii) the application has been developed in consultation with parents and other representatives of the children to be served in such program. 

ø(h) APPROVAL OF APPLICATIONS.—An application for a grant 

under this subpart may be approved only if the Secretary determines that— 

ø(1) the program proposed in the application will use qualified personnel, including personnel who are proficient in the 

language or languages used for instruction; 

ø(2) in designing the program, the eligible entity has, after 

consultation with appropriate private school officials— 

ø(A) taken into account the needs of children in nonprofit private elementary schools and secondary schools; 

and 

ø(B) in a manner consistent with the number of such 

children enrolled in such schools in the area to be served, 

whose educational needs are of the type and whose language, and grade levels are of a similar type to the needs, 

language, and grade levels that the program is intended to 

address, provided for the participation of such children on 

a basis comparable to the basis on which public school 

children participate; 

ø(3)(A) student evaluation and assessment procedures in the 

program are valid and reliable for limited English proficient 

children; and 

ø(B) limited English proficient children with disabilities will 

be identified and served through the program in accordance 

with the requirements of the Individuals with Disabilities Education Act; 

ø(4) Federal funds made available for the program will be 

used to supplement the State and local funds that, in the absence of such Federal funds, would be expended for special programs for children of limited English proficient individuals, 

and in no case to supplant such State and local funds, except 

that nothing in this paragraph shall be construed to preclude 

a local educational agency from using funds made available 

under this subpart— 

ø(A) for activities carried out under an order of a Federal or State court respecting services to be provided to 

such children; or 


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ø(B) to carry out a plan approved by the Secretary as 

adequate under title VI of the Civil Rights Act of 1964 

with respect to services to be provided to such children; 

ø(5)(A) the assistance provided through the grant will contribute toward building the capacity of the eligible entity to 

provide a program on a regular basis, similar to the proposed 

program, that will be of sufficient size, scope, and quality to 

promise significant improvement in the education of limited 

English proficient children; and 

ø(B) the eligible entity will have the resources and commitment to continue the program of sufficient size, scope, and 

quality when assistance under this subpart is reduced or no 

longer available; and 

ø(6) the eligible entity will use State and national dissemination sources for program design and dissemination of results 

and products. 

ø(i) CONSIDERATION.—In determining whether to approve an application under this subpart, the Secretary shall give consideration 

to— 

ø(1) the degree to which the program for which assistance is 

sought involves the collaborative efforts of institutions of higher education, community-based organizations, the appropriate 

local educational agency and State educational agency, or businesses; and 

ø(2) whether the application provides for training for personnel participating in, or preparing to participate in, a program that will assist such personnel in meeting State and local 

certification requirements. 

øSEC. 3215. CAPACITY BUILDING. 

øEach recipient of a grant under this subpart shall use the grant 

in ways that will build such recipient’s capacity to continue to offer 

high-quality language instruction educational programs and special 

alternative instruction programs to limited English proficient children after Federal assistance is reduced or eliminated. 

øSEC. 3216. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO. 

øNotwithstanding any other provision of this part, programs authorized under this subpart that serve Native American (including 

Native American Pacific Islander) children and children in the 

Commonwealth of Puerto Rico may include programs of instruction, 

teacher training, curriculum development, evaluation, and assessment designed for Native American children learning and studying 

Native American languages and children of limited Spanish proficiency, except that an outcome of programs serving such children 

shall be increased English proficiency among such children. 

øSEC. 3217. EVALUATIONS. 

ø(a) EVALUATION.—Each recipient of funds under this subpart for 

a program shall annually conduct an evaluation of the program 

and submit to the Secretary a report concerning the evaluation, in 

the form prescribed by the Secretary. 

ø(b) USE OF EVALUATION.—Such evaluation shall be used by the 

grant recipient— 

ø(1) for program improvement; 

ø(2) to further define the program’s goals and objectives; and 

ø(3) to determine program effectiveness. 


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ø(c) EVALUATION REPORT COMPONENTS.—In preparing the evaluation reports, the recipient shall— 

ø(1) use the data provided in the application submitted by 

the recipient under section 3214 as baseline data against 

which to report academic achievement and gains in English 

proficiency for children in the program; 

ø(2) disaggregate the results of the evaluation by gender, native languages spoken by children, socioeconomic status, and 

whether the children have disabilities; 

ø(3) include data on the progress of the recipient in achieving the objectives of the program, including data demonstrating the extent to which children served by the program 

are meeting the challenging State academic content and student academic achievement standards, and including data comparing limited English proficient children with English proficient children with regard to school retention and academic 

achievement concerning— 

ø(A) reading and language arts; 

ø(B) English proficiency; 

ø(C) mathematics; and 

ø(D) the native language of the children, if the program 

develops native language proficiency; 

ø(4) include information on the extent that professional development activities carried out through the program have resulted in improved classroom practices and improved student 

academic achievement;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 

ø(6) include such other information as the Secretary may require. 

øSEC. 3218. CONSTRUCTION. 

øNothing in this subpart shall be construed to prohibit a local 

educational agency from serving limited English proficient children 

simultaneously with children with similar educational needs, in the 

same educational settings where appropriate. 

øSubpart 2—Research, Evaluation, and 

Dissemination 

øSEC. 3221. AUTHORITY. 

ø(a) IN GENERAL.—The Secretary is authorized to conduct data 

collection, dissemination, research, and ongoing program evaluation 

activities in accordance with the provisions of this subpart for the 

purpose of improving language instruction educational programs 

and special alternative instruction programs for limited English 

proficient children. 

ø(b) COMPETITIVE AWARDS.—Research and program evaluation 

activities carried out under this subpart shall be supported through 

competitive grants, contracts, and cooperative agreements awarded 

to institutions of higher education, nonprofit organizations, State 

educational agencies, and local educational agencies. 

ø(c) ADMINISTRATION.—The Secretary shall conduct data collection, dissemination, and ongoing program evaluation activities auVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00223 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

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thorized by this subpart through the Office of English Language 

Acquisition, Language Enhancement, and Academic Achievement 

for Limited English Proficient Students. 

øSEC. 3222. RESEARCH. 

ø(a) ADMINISTRATION.—The Secretary shall conduct research activities authorized by this subpart through the Institute of Education Sciences in coordination and collaboration with the Office of 

English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students. 

ø(b) REQUIREMENTS.—Such research activities— 

ø(1) shall have a practical application to teachers, counselors, paraprofessionals, school administrators, parents, and 

others involved in improving the education of limited English 

proficient children and their families; 

ø(2) may include research on effective instruction practices 

for multilingual classes, and on effective instruction strategies 

to be used by a teacher or other staff member who does not 

know the native language of a limited English proficient child 

in the teacher’s or staff member’s classroom; 

ø(3) may include establishing (through the National Center 

for Education Statistics in consultation with experts in second 

language acquisition and scientifically based research on teaching limited English proficient children) a common definition of 

‘‘limited English proficient child’’ for purposes of national data 

collection; and 

ø(4) shall be administered by individuals with expertise in 

second language acquisition, scientifically based research on 

teaching limited English proficient children, and the needs of 

limited English proficient children and their families. 

ø(c) FIELD-INITIATED RESEARCH.— 

ø(1) IN GENERAL.—The Secretary shall reserve not less than 

5 percent of the funds made available to carry out this section 

for field-initiated research conducted by recipients of grants 

under subpart 1 or this subpart who have received such grants 

within the previous 5 years. Such research may provide for 

longitudinal studies of limited English proficient children or 

teachers who serve such children, monitoring the education of 

such children from entry into language instruction educational 

programs through secondary school completion. 

ø(2) APPLICATIONS.—An applicant for assistance under this 

subsection may submit an application for such assistance to 

the Secretary at the same time as the applicant submits another application under subpart 1 or this subpart. The Secretary shall complete a review of such applications on a timely 

basis to allow the activities carried out under research and program grants to be coordinated when recipients are awarded 

two or more of such grants. 

ø(d) CONSULTATION.—The Secretary shall consult with agencies, 

organizations, and individuals that are engaged in research and 

practice on the education of limited English proficient children, language instruction educational programs, or related research, to 

identify areas of study and activities to be funded under this section. 


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ø(e) DATA COLLECTION.—The Secretary shall provide for the collection of data on limited English proficient children as part of the 

data systems operated by the Department. 

øSEC. 3223. ACADEMIC EXCELLENCE AWARDS. 

ø(a) AUTHORITY.—The Secretary may make grants to State educational agencies to assist the agencies in recognizing local educational agencies and other public and nonprofit entities whose programs have— 

ø(1) demonstrated significant progress in assisting limited 

English proficient children to learn English according to age 

appropriate and developmentally appropriate standards; and 

ø(2) demonstrated significant progress in assisting limited 

English proficient children to meet, according to age appropriate and developmentally appropriate standards, the same 

challenging State academic content and student academic 

achievement standards as all children are expected to meet. 

ø(b) APPLICATIONS.—A State educational agency desiring a grant 

under this section shall include an application for such grant in the 

application submitted by the agency under section 3224(e). 

øSEC. 3224. STATE GRANT PROGRAM. 

ø(a) STATE GRANT PROGRAM.—The Secretary is authorized to 

make an award to a State educational agency that demonstrates, 

to the satisfaction of the Secretary, that such agency, through such 

agency’s programs and other Federal education programs, effectively provides for the education of limited English proficient children within the State. 

ø(b) PAYMENTS.—The amount paid to a State educational agency 

under subsection (a) shall not exceed 5 percent of the total amount 

awarded to local educational agencies and entities within the State 

under subpart 1 for the previous fiscal year, except that in no case 

shall the amount paid by the Secretary to any State educational 

agency under this subsection for any fiscal year be less than 

$100,000. 

ø(c) USE OF FUNDS.— 

ø(1) IN GENERAL.—A State educational agency shall use 

funds awarded under this section— 

ø(A) to assist local educational agencies in the State 

with activities that— 

ø(i) consist of program design, capacity building, assessment of student academic achievement, program 

evaluation, and development of data collection and accountability systems for limited English proficient 

children; and 

ø(ii) are aligned with State reform efforts; and 

ø(B) to collect data on the State’s limited English proficient populations and document the services available to 

all such populations. 

ø(2) TRAINING.—The State educational agency may also use 

funds provided under this section for the training of State educational agency personnel in educational issues affecting limited English proficient children. 

ø(3) SPECIAL RULE.—Recipients of funds under this section 

shall not restrict the provision of services under this section to 

federally funded programs. 


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ø(d) STATE CONSULTATION.—A State educational agency receiving 

funds under this section shall consult with recipients of grants 

under this subpart and other individuals or organizations involved 

in the development or operation of programs serving limited 

English proficient children to ensure that such funds are used in 

a manner consistent with the requirements of this subpart. 

ø(e) APPLICATIONS.—A State educational agency desiring to receive funds under this section shall submit an application to the 

Secretary at such time, in such form, and containing such information and assurances as the Secretary may require. 

ø(f) SUPPLEMENT, NOT SUPPLANT.—Federal funds made available 

under this section for any fiscal year shall be used by the State 

educational agency to supplement and, to the extent practical, to 

increase the State funds that, in the absence of such Federal funds, 

would be made available for the purposes described in this section, 

and in no case to supplant such State funds. 

ø(g) REPORT TO THE SECRETARY.—A State educational agency receiving an award under this section shall provide for the annual 

submission of a summary report to the Secretary describing such 

State’s use of the funds made available through the award. 

øSEC. 3225. INSTRUCTION MATERIALS DEVELOPMENT. 

ø(a) IN GENERAL.—The Secretary may make grants for the development, publication, and dissemination of high-quality instruction 

materials— 

ø(1) in Native American languages (including Native Hawaiian languages and the language of Native American Pacific Islanders), and the language of natives of the outlying areas, for 

which instruction materials are not readily available; and 

ø(2) in other low-incidence languages in the United States 

for which instruction materials are not readily available. 

ø(b) PRIORITY.—In making the grants, the Secretary shall give 

priority to applicants for the grants who propose— 

ø(1) to develop instruction materials in languages indigenous 

to the United States or the outlying areas; and 

ø(2) to develop and evaluate materials, in collaboration with 

entities carrying out activities assisted under subpart 1 and 

this subpart, that are consistent with challenging State academic content and student academic achievement standards. 

øSubpart 3—Professional Development 

øSEC. 3231. PROFESSIONAL DEVELOPMENT GRANTS. 

ø(a) PURPOSE.—The purpose of this section is to provide assistance to prepare educators to improve educational services for limited English proficient children by— 

ø(1) supporting professional development programs and activities to prepare teachers, pupil service personnel, administrators, and other educational personnel working in language 

instruction educational programs to provide effective services 

to limited English proficient children; 

ø(2) incorporating curricula and resources concerning appropriate and effective instruction and assessment methodologies 

specific to limited English proficient children into preservice 

and inservice professional development programs; 


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ø(3) upgrading the qualifications and skills of non-certified 

educational personnel, including paraprofessionals, to enable 

such personnel to meet high professional standards for educating limited English proficient children; 

ø(4) improving the quality of professional development programs in schools or departments of education at institutions of 

higher education, for educational personnel serving, or preparing to serve, limited English proficient children; and 

ø(5) supporting the recruitment and training of prospective 

educational personnel to serve limited English proficient children by providing fellowships for undergraduate, graduate, 

doctoral, and post-doctoral study related to the instruction of 

such children. 

ø(b) AUTHORIZATION.— ø(1) IN GENERAL.—The Secretary is authorized to award 

grants under this section to— 

ø(A) State educational agencies; 

ø(B) local educational agencies; 

ø(C) institutions of higher education; or 

ø(D) consortia of one or more local educational agencies, 

State educational agencies, institutions of higher education, for-profit organizations, or nonprofit organizations. 

ø(2) DURATION.—Each grant awarded under this section 

shall be awarded for a period of not more than 4 years. 

ø(c) AUTHORIZED ACTIVITIES.—Grants awarded under this section 

shall be used to conduct high-quality professional development programs and effective activities to improve the quality of instruction 

and services provided to limited English proficient children, including— 

ø(1) implementing preservice and inservice professional development programs for teachers who serve limited English 

proficient children, administrators, and other educational personnel who are preparing to provide educational services for 

limited English proficient children, including professional development programs that assist limited English proficient children to attain English proficiency; 

ø(2) implementing school-based collaborative efforts among 

teachers to improve instruction in core academic subjects, especially reading, for limited English proficient children; 

ø(3) developing and implementing programs to assist beginning teachers who serve limited English proficient children 

with transitioning to the teaching profession, including programs that provide mentoring and team teaching with trained 

and experienced teachers; 

ø(4) implementing programs that support effective teacher 

use of education technologies to improve instruction and assessment; 

ø(5) developing curricular materials and assessments for 

teachers that are appropriate to the needs of limited English 

proficient children, and that are aligned with challenging State 

academic content and student academic achievement standards, including materials and assessments that ensure limited 

English proficient children attain English proficiency; 

ø(6) integrating and coordinating activities with entities carrying out other programs consistent with the purpose of this 


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section and supported under this Act, or other Acts as appropriate; 

ø(7) developing and implementing career ladder programs to 

upgrade the qualifications and skills of non-certified educational personnel working in, or preparing to work in, language instruction educational programs to enable such personnel to meet high professional standards, including standards for certification and licensure as teachers; 

ø(8) developing and implementing activities to help recruit 

and train secondary school students as teachers who serve limited English proficient children; 

ø(9) providing fellowships and assistance for costs related to 

enrollment in a course of study at an institution of higher education that addresses the instruction of limited English proficient children in such areas as teacher training, program administration, research, evaluation, and curriculum development, and for the support of dissertation research related to 

such study, except that any person receiving such a fellowship 

or assistance shall agree to— 

ø(A) work in an activity related to improving the educational services for limited English proficient children authorized under this subpart, including work as a teacher 

that serves limited English proficient children, for a period 

of time equivalent to the period of time during which such 

person receives assistance under this paragraph; or 

ø(B) repay such assistance; and 

ø(10) carrying out such other activities as are consistent with 

the purpose of this section. 

ø(d) APPLICATION.— ø(1) IN GENERAL.—Each eligible entity desiring a grant 

under this section shall submit an application to the Secretary 

at such time, in such form, and containing such information as 

the Secretary may require. 

ø(2) CONTENTS.—Each application shall— 

ø(A) describe the programs and activities proposed to be 

developed, implemented, and administered under the 

award; 

ø(B) describe how the applicant has consulted with, and 

assessed the needs of, public and private schools serving 

limited English proficient children to determine such 

schools’ need for, and the design of, the program for which 

funds are sought; and 

ø(C) describe how the programs and activities to be carried out under the award will be used to ensure that limited English proficient children meet challenging State 

academic content and student academic achievement 

standards and attain English proficiency. 

ø(3) SPECIAL RULE.—An eligible entity that proposes to conduct a master’s-level or doctoral-level program with funds received under this section shall include in the entity’s application an assurance that such program will include a training 

practicum in a local elementary school or secondary school program serving limited English proficient children. 

ø(4) OUTREACH AND TECHNICAL ASSISTANCE.—The Secretary 

shall provide for outreach and technical assistance to instituVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00228 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

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tions of higher education eligible for assistance under title III 

of the Higher Education Act of 1965, and institutions of higher 

education that are operated or funded by the Bureau of Indian 

Affairs, to facilitate the participation of such institutions in 

programs and activities under this section. 

ø(5) DISTRIBUTION RULE.—In making awards under this section, the Secretary shall ensure adequate representation of 

Hispanic-serving institutions that demonstrate competence and 

experience in carrying out the programs and activities authorized under this section and that are otherwise qualified. 

ø(e) PRIORITIES IN AWARDING GRANTS.— 

ø(1) GRANTS TO AGENCIES.—In awarding grants to State educational agencies and local educational agencies under this section, the Secretary shall give priority to agencies that propose 

programs and activities designed to implement professional development programs for teachers and educational personnel 

who are providing or preparing to provide educational 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. 

ø(2) GRANTS TO INSTITUTIONS OF HIGHER EDUCATION.—In 

awarding grants to institutions of higher education under this 

section, the Secretary shall give priority to institutions that 

propose programs and activities to recruit and upgrade the 

qualifications and skills of certified and non-certified educational personnel by offering degree programs that prepare 

beginning teachers to serve limited English proficient children. 

ø(f) PROGRAM EVALUATIONS.—Each recipient of an award under 

this section for a program or activity shall annually conduct an 

independent evaluation of the program or activity and submit to 

the Secretary a report containing such evaluation. Such report 

shall include information on— 

ø(1) the program or activity conducted by the recipient to 

provide high-quality professional development to participants 

in such program or activity; 

ø(2) the number of participants served through the program 

or activity, the number of participants who completed the requirements of the program or activity, and the number of participants who took positions in an instruction setting with limited English proficient children; 

ø(3) the effectiveness of the program or activity in imparting 

the professional skills necessary for participants to achieve the 

objectives of the program or activity; and 

ø(4) the teaching effectiveness of graduates of the program 

or activity or other participants who have completed the program or activity. 


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øSubpart 4—Emergency Immigrant Education 

Program 

øSEC. 3241. PURPOSE. 

øThe purpose of this subpart is to assist eligible local educational 

agencies that experience unexpectedly large increases in their student population due to immigration— 

ø(1) to provide high-quality instruction to immigrant children and youth; and 

ø(2) to help such children and youth— 

ø(A) with their transition into American society; and 

ø(B) meet the same challenging State academic content 

and student academic achievement standards as all children are expected to meet. 

øSEC. 3242. STATE ADMINISTRATIVE COSTS. 

øFor any fiscal year, a State educational agency may reserve not 

more than 1.5 percent (2 percent if the State educational agency 

distributes funds received under this subpart to local educational 

agencies on a competitive basis) of the amount allotted to such 

agency under section 3244 to pay the costs of performing such 

agency’s administrative functions under this subpart. 

øSEC. 3243. WITHHOLDING. 

øWhenever the Secretary, after providing reasonable notice and 

opportunity for a hearing to any State educational agency, finds 

that there is a failure to comply with a requirement of any provision of this subpart, the Secretary shall notify that agency that further payments will not be made to the agency under this subpart 

or, in the discretion of the Secretary, that the State educational 

agency shall not make further payments under this subpart to 

specified local educational agencies whose actions cause or are involved in such failure until the Secretary is satisfied that there is 

no longer any such failure to comply. Until the Secretary is so satisfied, no further payments shall be made to the State educational 

agency under this subpart, or payments by the State educational 

agency under this subpart shall be limited to local educational 

agencies whose actions did not cause or were not involved in the 

failure, as the case may be. 

øSEC. 3244. STATE ALLOTMENTS. 

ø(a) PAYMENTS.—The Secretary shall, in accordance with the provisions of this section, make payments to State educational agencies for each of the fiscal years 2002 through 2008 for the purpose 

set forth in section 3241. 

ø(b) ALLOTMENTS.— 

ø(1) IN GENERAL.—Except as provided in subsections (c) and 

(d), of the amount appropriated for each fiscal year for this 

subpart, each State participating in the program assisted 

under this subpart shall receive an allotment equal to the proportion of the number of immigrant children and youth who 

are enrolled in public elementary schools or secondary schools 

under the jurisdiction of each local educational agency described in paragraph (2), and in nonpublic elementary schools 

or secondary schools within the district served by each such 

local educational agency within such State, relative to the total 


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number of immigrant children and youth so enrolled in all the 

States participating in the program assisted under this subpart. 

ø(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local educational agency referred to in paragraph (1) is a local educational agency for which the sum of the number of immigrant 

children and youth who are enrolled in public elementary 

schools or secondary schools under the jurisdiction of such 

agency, and in nonpublic elementary schools or secondary 

schools within the district served by such agency, during the 

fiscal year for which the payments are to be made under this 

subpart, is equal to at least— 

ø(A) 500; or 

ø(B) 3 percent of the total number of children enrolled 

in such public or nonpublic schools during such fiscal year, 

whichever is less. 

ø(c) DETERMINATIONS OF NUMBER OF CHILDREN AND YOUTH.— 

ø(1) IN GENERAL.—Determinations by the Secretary under 

this section for any period with respect to the number of immigrant children and youth shall be made on the basis of data 

or estimates provided to the Secretary by each State educational agency in accordance with criteria established by the 

Secretary, unless the Secretary determines, after notice and 

opportunity for a hearing to the affected State educational 

agency, that such data or estimates are clearly erroneous. 

ø(2) SPECIAL RULE.—No such determination with respect to 

the number of immigrant children and youth shall operate because of an underestimate or overestimate to deprive any State 

educational agency of the allotment under this section that 

such State would otherwise have received had such determination been made on the basis of accurate data. 

ø(d) REALLOTMENT.— 

ø(1) IN GENERAL.—Whenever the Secretary determines that 

any amount of a payment made to a State under this subpart 

for a fiscal year will not be used by such State for carrying out 

the purpose for which the payment was made, the Secretary 

shall make such amount available for carrying out such purpose to one or more other States to the extent the Secretary 

determines that such other States will be able to use such additional amount for carrying out such purpose. 

ø(2) FISCAL YEAR.—Any amount made available to a State 

from any appropriation for a fiscal year in accordance with 

paragraph (1) shall, for purposes of this subpart, be regarded 

as part of such State’s payment (as determined under subsection (b)) for such year, but shall remain available until the 

end of the succeeding fiscal year. 

ø(e) RESERVATION OF FUNDS.— 

ø(1) IN GENERAL.—Notwithstanding any other provision of 

this subpart, if the amount appropriated to carry out this subpart exceeds $50,000,000 for a fiscal year, a State educational 

agency may reserve not more than 20 percent of such agency’s 

payment under this subpart for such year to award grants, on 

a competitive basis, to local educational agencies within the 

State as follows: 


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ø(A) AGENCIES WITH IMMIGRANT CHILDREN AND YOUTH.— 

At least 1⁄2 of the funds reserved under this paragraph 

shall be made available to eligible local educational agencies (as described in subsection (b)(2)) within the State 

with the highest numbers and percentages of immigrant 

children and youth. 

ø(B) AGENCIES WITH A SUDDEN INFLUX OF CHILDREN AND

YOUTH.—Funds reserved under this paragraph and not 

made available under subparagraph (A) may be distributed to local educational agencies within the State that are 

experiencing a sudden influx of immigrant children and 

youth and that are otherwise not eligible for assistance 

under this subpart. 

ø(2) USE OF GRANT FUNDS.—Each local educational agency 

receiving a grant under paragraph (1) shall use such grant 

funds to carry out the activities described in section 3247. 

ø(3) INFORMATION.—Local educational agencies receiving 

funds under paragraph (1) with the highest number of immigrant children and youth may make information available on 

serving immigrant children and youth to local educational 

agencies in the State with sparse numbers of such children and 

youth. 

øSEC. 3245. STATE APPLICATIONS. 

ø(a) SUBMISSION.—No State educational agency shall receive any 

payment under this subpart for any fiscal year unless such agency 

submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information, as the 

Secretary may reasonably require. Each such application shall— 

ø(1) provide that the educational programs, services, and activities for which payments under this subpart are made will 

be administered by or under the supervision of the agency; 

ø(2) provide assurances that payments under this subpart 

will be used for purposes set forth in sections 3241 and 3247, 

including a description of how local educational agencies receiving funds under this subpart will use such funds to meet 

such purposes and will coordinate with entities carrying out 

other programs and activities assisted under this Act, and 

other Acts as appropriate; 

ø(3) provide an assurance that local educational agencies receiving funds under this subpart will coordinate the use of 

such funds with entities carrying out programs and activities 

assisted under part A of title I; 

ø(4) provide assurances that such payments, with the exception of payments reserved under section 3244(e), will be distributed among local educational agencies within that State on 

the basis of the number of immigrant children and youth 

counted with respect to each such local educational agency 

under section 3244(b)(1); 

ø(5) provide assurances that the State educational agency 

will not finally disapprove in whole or in part any application 

for funds received under this subpart without first affording 

the local educational agency submitting an application for such 

funds reasonable notice and opportunity for a hearing; 


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ø(6) provide for making such reports as the Secretary may 

reasonably require to perform the Secretary’s functions under 

this subpart; 

ø(7) provide assurances— 

ø(A) that to the extent consistent with the number of immigrant children and youth enrolled in the nonpublic elementary schools or secondary schools within the district 

served by a local educational agency, such agency, after 

consultation with appropriate officials of such schools, 

shall provide for the benefit of such children and youth 

secular, neutral, and nonideological services, materials, 

and equipment necessary for the education of such children and youth; 

ø(B) that the control of funds provided under this subpart for any materials or equipment, or property repaired, 

remodeled, or constructed with those funds shall be in a 

public agency for the uses and purpose provided in this 

subpart, and a public agency shall administer such funds 

and property; and 

ø(C) that the provision of services pursuant to this paragraph shall be provided by employees of a public agency or 

through contract by such public agency with a person, association, agency, or corporation who or which, in the provision of such services, is independent of such nonpublic elementary school or secondary school and of any religious 

organization, and such employment or contract shall be 

under the control and supervision of such public agency, 

and the funds provided under this paragraph shall not be 

commingled with State or local funds; 

ø(8) provide that funds reserved under section 3244(e) be 

awarded on a competitive basis based on merit and need in accordance with such section; and 

ø(9) provide an assurance that the State educational agency 

and local educational agencies in the State receiving funds 

under this subpart will comply with the requirements of section 1120(b). 

ø(b) APPLICATION REVIEW.— 

ø(1) IN GENERAL.—The Secretary shall review all applications submitted pursuant to this section by State educational 

agencies. 

ø(2) APPROVAL.—The Secretary shall approve any application 

submitted by a State educational agency that meets the requirements of this section. 

ø(3) DISAPPROVAL.—The Secretary shall disapprove any application submitted by a State educational agency that does 

not meet the requirements of this section, but shall not finally 

disapprove an application except after providing reasonable notice, technical assistance, and an opportunity for a hearing to 

the State educational agency. 

øSEC. 3246. ADMINISTRATIVE PROVISIONS. 

ø(a) NOTIFICATION OF AMOUNT.—The Secretary, not later than 

June 1 of each year, shall notify each State educational agency that 

has an application approved under section 3245 of the amount of 

such agency’s allotment under section 3244 for the succeeding year. 


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ø(b) SERVICES TO IMMIGRANT CHILDREN AND YOUTH ENROLLED IN

NONPUBLIC SCHOOLS.—If by reason of any provision of law a local 

educational agency is prohibited from providing educational services for immigrant children and youth enrolled in nonpublic elementary schools and secondary schools, as required by section 

3245(a)(7), or if the Secretary determines that a local educational 

agency has substantially failed or is unwilling to provide for the 

participation on an equitable basis of such children and youth enrolled in such schools, the Secretary may waive such requirement 

and shall arrange for the provision of services, subject to the requirements of this subpart, to such children and youth. Such waivers shall be subject to consultation, withholding, notice, and judicial review requirements in accordance with the provisions of title 

I. 

øSEC. 3247. USES OF FUNDS. 

ø(a) USE OF FUNDS.—Funds awarded under this subpart shall be 

used to pay for enhanced instructional opportunities for immigrant 

children and youth, which may include— 

ø(1) family literacy, parent outreach, and training activities 

designed to assist parents to become active participants in the 

education of their children; 

ø(2) support of personnel, including teacher aides who have 

been specifically trained, or are being trained, to provide services to immigrant children and youth; 

ø(3) tutorials, mentoring, and academic or career counseling 

for immigrant children and youth; 

ø(4) identification and acquisition of curricular materials, 

educational software, and technologies; 

ø(5) the provision of basic instruction services that are directly attributable to the presence in the school district of immigrant children and youth, including payment of costs of providing additional classroom supplies, costs of transportation, or 

such other costs as are directly attributable to such additional 

basic instruction services; and 

ø(6) such other activities, related to the purpose of this subpart, as the Secretary may authorize. 

ø(b) CONSORTIA.—A local educational agency that receives a 

grant under this subpart may collaborate or form a consortium 

with one or more local educational agencies, institutions of higher 

education, and nonprofit organizations to carry out a program described in an application approved under this subpart. 

ø(c) SUBGRANTS.—A local educational agency that receives a 

grant under this subpart may, with the approval of the Secretary, 

make a subgrant to, or enter into a contract with, an institution 

of higher education, a nonprofit organization, or a consortium of 

such institutions or organizations to carry out a program described 

in an application approved under this subpart, including a program 

to serve out-of-school youth. 

ø(d) CONSTRUCTION.—Nothing in this subpart shall be construed 

to prohibit a local educational agency from serving immigrant children and youth simultaneously with children and youth with similar educational needs, in the same educational settings where appropriate. 


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øSEC. 3248. REPORTS. 

ø(a) BIENNIAL REPORT.—Each State educational agency receiving 

funds under this subpart shall submit, once every 2 years, a report 

to the Secretary concerning the expenditure of funds by local educational agencies under this subpart. Each local educational agency 

receiving funds under this subpart shall submit to the State educational agency such information as may be necessary for such report. 

ø(b) REPORT TO CONGRESS.—The Secretary shall submit, once 

every 2 years, a report to the appropriate committees of Congress 

concerning programs assisted under this subpart. 

øSubpart 5—Administration 

øSEC. 3251. RELEASE TIME. 

øThe Secretary shall allow entities carrying out professional development programs funded under this part to use funds provided 

under this part for professional release time to enable individuals 

to participate in programs assisted under this part. 

øSEC. 3252. NOTIFICATION. 

øA State educational agency, and when applicable, the State 

board for postsecondary education, shall be notified within 3 working days after the date an award under this part is made to an eligible entity within the State. 

øSEC. 3253. COORDINATION AND REPORTING REQUIREMENTS. 

ø(a) COORDINATION WITH RELATED PROGRAMS.—In order to maximize Federal efforts aimed at serving the educational needs of children and youth of limited English proficiency, the Secretary shall 

coordinate and ensure close cooperation with other programs serving language-minority and limited English proficient children that 

are administered by the Department and other agencies. The Secretary shall consult with the Secretary of Labor, the Secretary of 

Health and Human Services, the Secretary of Agriculture, the Attorney General, and the heads of other relevant agencies to identify 

and eliminate barriers to appropriate coordination of programs that 

affect language-minority and limited English proficient children 

and their families. The Secretary shall provide for continuing consultation and collaboration, between the Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students and relevant programs operated by the Department, including programs under this 

part and other programs under this Act, in planning, contracts, 

providing joint technical assistance, providing joint field monitoring 

activities and in other relevant activities to ensure effective program coordination to provide high-quality educational opportunities 

to all language-minority and limited English proficient children. 

ø(b) DATA.—The Secretary shall, to the extent feasible, ensure 

that all data collected by the Department shall include the collection and reporting of data on limited English proficient children. 

ø(c) PUBLICATION OF PROPOSALS.—The Secretary shall publish 

and disseminate all requests for proposals for programs funded 

under this part. 

ø(d) REPORT.—The Director shall prepare and, not later than 

February 1 of every other year, shall submit to the Secretary, the 


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Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and 

Pensions of the Senate a report— 

ø(1) on programs and activities carried out to serve limited 

English proficient children under this part, and the effectiveness of such programs and activities in improving the academic 

achievement and English proficiency of children who are limited English proficient; 

ø(2) containing a critical synthesis of data reported by States 

under section 3224, when applicable; 

ø(3) containing an estimate of the number of certified or licensed teachers working in language instruction educational 

programs and educating limited English proficient children, 

and an estimate of the number of such teachers that will be 

needed for the succeeding 5 fiscal years; 

ø(4) containing the major findings of scientifically based research carried out under this part; and 

ø(5) containing other information gathered from the reports 

submitted to the Secretary under this title when applicable. 

øPART C—GENERAL PROVISIONS 

øSEC. 3301. DEFINITIONS. 

øExcept as otherwise provided, in this title: 

ø(1) CHILD.—The term ‘‘child’’ means any individual aged 3 

through 21. 

ø(2) COMMUNITY-BASED ORGANIZATION.—The term ‘‘community-based organization’’ means a private nonprofit organization of demonstrated effectiveness, Indian tribe, or tribally 

sanctioned educational authority, that is representative of a 

community or significant segments of a community and that 

provides educational or related services to individuals in the 

community. Such term includes a Native Hawaiian or Native 

American Pacific Islander native language educational organization. 

ø(3) COMMUNITY COLLEGE.—The term ‘‘community college’’ 

means an institution of higher education as defined in section 

101 of the Higher Education Act of 1965 that provides not less 

than a 2-year program that is acceptable for full credit toward 

a bachelor’s degree, including institutions receiving assistance 

under the Tribally Controlled Colleges and Universities Assistance Act of 1978. 

ø(4) DIRECTOR.—The term ‘‘Director’’ means the Director of 

the Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English 

Proficient Students established under section 209 of the Department of Education Organization Act. 

ø(5) FAMILY EDUCATION PROGRAM.—The term ‘‘family education program’’ means a language instruction educational program or special alternative instruction program that— 

ø(A) is designed— 

ø(i) to help limited English proficient adults and 

out-of-school youths achieve English proficiency; and 


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ø(ii) to provide instruction on how parents and family members can facilitate the educational achievement of their children; 

ø(B) when feasible, uses instructional programs based on 

models developed under the Even Start Family Literacy 

Programs, which promote adult literacy and train parents 

to support the educational growth of their children, the 

Parents as Teachers Program, and the Home Instruction 

Program for Preschool Youngsters; and 

ø(C) gives preference to participation by parents and immediate family members of children attending school. 

ø(6) IMMIGRANT CHILDREN AND YOUTH.—The term ‘‘immigrant children and youth’’ means individuals who— 

ø(A) are aged 3 through 21; 

ø(B) were not born in any State; and 

ø(C) have not been attending one or more schools in any 

one or more States for more than 3 full academic years. 

ø(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means any Indian tribe, band, nation, or other organized group or community, including any Native village or Regional Corporation or 

Village Corporation as defined in or established pursuant to 

the Alaska Native Claims Settlement Act, that is recognized as 

eligible for the special programs and services provided by the 

United States to Indians because of their status as Indians. 

ø(8) LANGUAGE INSTRUCTION EDUCATIONAL PROGRAM.—The 

term ‘‘language instruction educational program’’ means an instruction course— 

ø(A) in which a limited English proficient child is placed 

for the purpose of developing and attaining English proficiency, while meeting challenging State academic content 

and student academic achievement standards, as required 

by section 1111(b)(1); and 

ø(B) that may make instructional use of both English 

and a child’s native language to enable the child to develop 

and attain English proficiency, and may include the participation of English proficient children if such course is 

designed to enable all participating children to become proficient in English and a second language. 

ø(9) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.— 

The terms ‘‘Native American’’ and ‘‘Native American language’’ 

shall have the meanings given such terms in section 103 of the 

Native American Languages Act. 

ø(10) NATIVE HAWAIIAN OR NATIVE AMERICAN PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL ORGANIZATION.—The 

term ‘‘Native Hawaiian or Native American Pacific Islander 

native language educational organization’’ means a nonprofit 

organization with— 

ø(A) a majority of its governing board and employees 

consisting of fluent speakers of the traditional Native 

American languages used in the organization’s educational 

programs; and 

ø(B) not less than 5 years successful experience in providing educational services in traditional Native American 

languages. 


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ø(11) NATIVE LANGUAGE.—The term ‘‘native language’’, when 

used with reference to an individual of limited English proficiency, means— 

ø(A) the language normally used by such individual; or 

ø(B) in the case of a child or youth, the language normally used by the parents of the child or youth. 

ø(12) PARAPROFESSIONAL.—The term ‘‘paraprofessional’’ 

means an individual who is employed in a preschool, elementary school, or secondary school under the supervision of a certified or licensed teacher, including individuals employed in 

language instruction educational programs, special education, 

and migrant education. 

ø(13) SPECIALLY QUALIFIED AGENCY.—The term ‘‘specially 

qualified agency’’ means an eligible entity, as defined in section 

3141, in a State whose State educational agency— 

ø(A) does not participate in a program under subpart 1 

of part A for a fiscal year; or 

ø(B) submits a plan (or any amendment to a plan) that 

the Secretary, after reasonable notice and opportunity for 

a hearing, determines does not satisfy the requirements of 

such subpart. 

ø(14) STATE.—The term ‘‘State’’ means each of the 50 States, 

the District of Columbia, and the Commonwealth of Puerto 

Rico. 

ø(15) TRIBALLY SANCTIONED EDUCATIONAL AUTHORITY.—The 

term ‘‘tribally sanctioned educational authority’’ means— 

ø(A) any department or division of education operating 

within the administrative structure of the duly constituted 

governing body of an Indian tribe; and 

ø(B) any nonprofit institution or organization that is— 

ø(i) chartered by the governing body of an Indian 

tribe to operate a school described in section 3112(a) 

or otherwise to oversee the delivery of educational 

services to members of the tribe; and 

ø(ii) approved by the Secretary for the purpose of 

carrying out programs under subpart 1 of part A for 

individuals served by a school described in section 

3112(a). 

øSEC. 3302. PARENTAL NOTIFICATION. 

ø(a) IN GENERAL.—Each eligible entity using funds provided 

under this title to provide a language instruction educational program shall, not later than 30 days after the beginning of the school 

year, inform a parent or the parents of a limited English proficient 

child identified for participation in, or participating in, such program of— 

ø(1) the reasons for the identification of their child as limited 

English proficient and in need of placement in a language instruction educational program; 

ø(2) the child’s level of English proficiency, how such level 

was assessed, and the status of the child’s academic achievement; 

ø(3) the method of instruction used in the program in which 

their child is, or will be, participating, and the methods of instruction used in other available programs, including how such 


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programs differ in content, instruction goals, and use of 

English and a native language in instruction; 

ø(4) how the program in which their child is, or will be participating will meet the educational strengths and needs of the 

child; 

ø(5) how such program will specifically help their child learn 

English, and meet age appropriate academic achievement 

standards for grade promotion and graduation; 

ø(6) the specific exit requirements for such program, the expected rate of transition from such program into classrooms 

that are not tailored for limited English proficient children, 

and the expected rate of graduation from secondary school for 

such program if funds under this title are used for children in 

secondary schools; 

ø(7) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child; and 

ø(8) information pertaining to parental rights that includes 

written guidance— 

ø(A) detailing— 

ø(i) the right that parents have to have their child 

immediately removed from such program upon their 

request; and 

ø(ii) the options that parents have to decline to enroll their child in such program or to choose another 

program or method of instruction, if available; and 

ø(B) assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered by the eligible entity. 

ø(b) SEPARATE NOTIFICATION.—In addition to providing the information required to be provided under subsection (a), each eligible 

entity that is using funds provided under this title to provide a language instruction educational program, and that has failed to make 

progress on the annual measurable achievement objectives described in section 3122 for any fiscal year for which part A is in 

effect, shall separately inform a parent or the parents of a child 

identified for participation in such program, or participating in 

such program, of such failure not later than 30 days after such failure occurs. 

ø(c) RECEIPT OF INFORMATION.—The information required to be 

provided under subsections (a) and (b) to a parent shall be provided 

in an understandable and uniform format and, to the extent practicable, in a language that the parent can understand. 

ø(d) SPECIAL RULE APPLICABLE DURING SCHOOL YEAR.—For a 

child who has not been identified for participation in a language instruction educational program prior to the beginning of the school 

year, the eligible entity shall carry out subsections (a) through (c) 

with respect to the parents of the child within 2 weeks of the child 

being placed in such a program. 

ø(e) PARENTAL PARTICIPATION.— ø(1) IN GENERAL.—Each eligible entity using funds provided 

under this title to provide a language instruction educational 

program shall implement an effective means of outreach to 

parents of limited English proficient children to inform such 

parents of how they can— 


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ø(A) be involved in the education of their children; and 

ø(B) be active participants in assisting their children— 

ø(i) to learn English; 

ø(ii) to achieve at high levels in core academic subjects; and 

ø(iii) to meet the same challenging State academic 

content and student academic achievement standards 

as all children are expected to meet. 

ø(2) RECEIPT OF RECOMMENDATIONS.—The outreach described in paragraph (1) shall include holding, and sending notice of opportunities for, regular meetings for the purpose of 

formulating and responding to recommendations from parents 

described in such paragraph. 

ø(f) BASIS FOR ADMISSION OR EXCLUSION.—A child shall not be 

admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status. 

øSEC. 3303. NATIONAL CLEARINGHOUSE. 

øThe Secretary shall establish and support the operation of a National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs, which shall collect, analyze, synthesize, and disseminate information about language instruction educational programs for limited English proficient children, and related programs. The National Clearinghouse shall— 

ø(1) be administered as an adjunct clearinghouse of the Educational Resources Information Center Clearinghouses system 

supported by the Institute of Education Sciences; 

ø(2) coordinate activities with Federal data and information 

clearinghouses and entities operating Federal dissemination 

networks and systems; 

ø(3) develop a system for improving the operation and effectiveness of federally funded language instruction educational 

programs; 

ø(4) collect and disseminate information on— 

ø(A) educational research and processes related to the 

education of limited English proficient children; and 

ø(B) accountability systems that monitor the academic 

progress of limited English proficient children in language 

instruction educational programs, including information on 

academic content and English proficiency assessments for 

language instruction educational programs; and 

ø(5) publish, on an annual basis, a list of grant recipients 

under this title. 

øSEC. 3304. REGULATIONS. 

øIn developing regulations under this title, the Secretary shall 

consult with State educational agencies and local educational agencies, organizations representing limited English proficient individuals, and organizations representing teachers and other personnel 

involved in the education of limited English proficient children.¿ 


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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. 


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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 


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(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; 


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(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— 


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(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 sec- tion 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 organizaVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00245 Fmt 6659 Sfmt 6603 E:\HR\OC\HR459P1.XXX HR459P1

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tions (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; 


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(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; 


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(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 inkind. 

(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. 


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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 onehalf 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), 


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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; 


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(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). 


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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 


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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. 


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(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. 

øTITLE IV—21ST CENTURY SCHOOLS 

øPART A—SAFE AND DRUG-FREE SCHOOLS 

AND COMMUNITIES 

øSEC. 4001. SHORT TITLE. 

øThis part may be cited as the ‘‘Safe and Drug-Free Schools and 

Communities Act’’. 

øSEC. 4002. PURPOSE. 

øThe purpose of this part is to support programs that prevent violence in and around schools; that prevent the illegal use of alcohol, tobacco, and drugs; that involve parents and communities; and 

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munity efforts and resources to foster a safe and drug-free learning 

environment that supports student academic achievement, through 

the provision of Federal assistance to— 

ø(1) States for grants to local educational agencies and consortia of such agencies to establish, operate, and improve local 

programs of school drug and violence prevention and early 

intervention; 

ø(2) States for grants to, and contracts with, communitybased organizations and public and private entities for programs of drug and violence prevention and early intervention, 

including community-wide drug and violence prevention planning and organizing activities; 

ø(3) States for development, training, technical assistance, 

and coordination activities; and 

ø(4) public and private entities to provide technical assistance; conduct training, demonstrations, and evaluation; and to 

provide supplementary services and community-wide drug and 

violence prevention planning and organizing activities for the 

prevention of drug use and violence among students and youth. 

øSEC. 4003. AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated— 

ø(1) $650,000,000 for fiscal year 2002, and such sums as may 

be necessary for each of the 5 succeeding fiscal years, for State 

grants under subpart 1; and 

ø(2) such sums for fiscal year 2002, and for each of the 5 succeeding fiscal years, for national programs under subpart 2. 

øSubpart 1—State Grants 

øSEC. 4111. RESERVATIONS AND ALLOTMENTS. 

ø(a) RESERVATIONS.— 

ø(1) IN GENERAL.—From the amount made available under 

section 4003(1) to carry out this subpart for each fiscal year, 

the Secretary— 

ø(A) shall reserve 1 percent or $4,750,000 (whichever is 

greater) of such amount for grants to Guam, American 

Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, to be allotted 

in accordance with the Secretary’s determination of their 

respective needs and to carry out programs described in 

this subpart; 

ø(B) shall reserve 1 percent or $4,750,000 (whichever is 

greater) of such amount for the Secretary of the Interior 

to carry out programs described in this subpart for Indian 

youth; and 

ø(C) shall reserve 0.2 percent of such amount for Native 

Hawaiians to be used under section 4117 to carry out programs described in this subpart. 

ø(2) OTHER RESERVATIONS.—From the amount made available under section 4003(2) to carry out subpart 2 for each fiscal 

year, the Secretary— 

ø(A) may reserve not more than $2,000,000 for the national impact evaluation required by section 4122(a); 


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ø(B) notwithstanding section 3 of the No Child Left Behind Act of 2001, shall reserve an amount necessary to 

make continuation grants to grantees under the Safe 

Schools/Healthy Students initiative (under the same terms 

and conditions as provided for in the grants involved). 

ø(b) STATE ALLOTMENTS.— ø(1) IN GENERAL.—Except as provided in paragraph (2), the 

Secretary shall, for each fiscal year, allot among the States— 

ø(A) one-half of the remainder not reserved under subsection (a) according to the ratio between the school-aged 

population of each State and the school-aged population of 

all the States; and 

ø(B) one-half of such remainder according to the ratio 

between the amount each State received under section 

1124A for the preceding year and the sum of such amounts 

received by all the States. 

ø(2) MINIMUM.—For any fiscal year, no State shall be allotted under this subsection an amount that is less than the 

greater of— 

ø(A) one-half of 1 percent of the total amount allotted to 

all the States under this subsection; or 

ø(B) the amount such State received for fiscal year 2001 

under section 4111 as such section was in effect the day 

preceding the date of enactment of the No Child Left Behind Act of 2001. 

ø(3) REALLOTMENT.— 

ø(A) REALLOTMENT FOR FAILURE TO APPLY.—If any State 

does not apply for an allotment under this subpart for a 

fiscal year, the Secretary shall reallot the amount of the 

State’s allotment to the remaining States in accordance 

with this section. 

ø(B) REALLOTMENT OF UNUSED FUNDS.—The Secretary 

may reallot any amount of any allotment to a State if the 

Secretary determines that the State will be unable to use 

such amount within 2 years of such allotment. Such reallotments shall be made on the same basis as allotments 

are made under paragraph (1). 

ø(4) DEFINITION.—In this section the term ‘‘State’’ means 

each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 

ø(c) LIMITATION.—Amounts appropriated under section 4003(2) 

for a fiscal year may not be increased above the amounts appropriated under such section for the previous fiscal year unless the 

amounts appropriated under section 4003(1) for the fiscal year involved are at least 10 percent greater that the amounts appropriated under such section 4003(1) for the previous fiscal year. 

øSEC. 4112. RESERVATION OF STATE FUNDS FOR SAFE AND DRUGFREE SCHOOLS. 

ø(a) STATE RESERVATION FOR THE CHIEF EXECUTIVE OFFICER OF

A STATE.— 

ø(1) IN GENERAL.—The chief executive officer of a State may 

reserve not more than 20 percent of the total amount allocated 

to a State under section 4111(b) for each fiscal year to award 

competitive grants and contracts to local educational agencies, 

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drug coalitions) other public entities and private organizations, 

and consortia thereof. Such grants and contracts shall be used 

to carry out the comprehensive State plan described in section 

4113(a) through programs or activities that complement and 

support activities of local educational agencies described in section 4115(b). Such officer shall award grants based on— 

ø(A) the quality of the program or activity proposed; and 

ø(B) how the program or activity meets the principles of 

effectiveness described in section 4115(a). 

ø(2) PRIORITY.—In making such grants and contracts under 

this section, a chief executive officer shall give priority to programs and activities that prevent illegal drug use and violence 

for— 

ø(A) children and youth who are not normally served by 

State educational agencies or local educational agencies; or 

ø(B) populations that need special services or additional 

resources (such as youth in juvenile detention facilities, 

runaway or homeless children and youth, pregnant and 

parenting teenagers, and school dropouts). 

ø(3) SPECIAL CONSIDERATION.—In awarding funds under 

paragraph (1), a chief executive officer shall give special consideration to grantees that pursue a comprehensive approach 

to drug and violence prevention that includes providing and incorporating mental health services related to drug and violence 

prevention in their program. 

ø(4) PEER REVIEW.—Grants or contracts awarded under this 

section shall be subject to a peer review process. 

ø(5) USE OF FUNDS.—Grants and contracts under this section 

shall be used to implement drug and violence prevention activities, including— 

ø(A) activities that complement and support local educational agency activities under section 4115, including developing and implementing activities to prevent and reduce violence associated with prejudice and intolerance; 

ø(B) dissemination of information about drug and violence prevention; and 

ø(C) development and implementation of communitywide drug and violence prevention planning and organizing. 

ø(6) ADMINISTRATIVE COSTS.—The chief executive officer of a 

State may use not more than 3 percent of the amount described in paragraph (1) for the administrative costs incurred 

in carrying out the duties of such officer under this section. 

ø(b) IN STATE DISTRIBUTION.— 

ø(1) IN GENERAL.—A State educational agency shall distribute not less than 93 percent of the amount made available 

to the State under section 4111(b), less the amount reserved 

under subsection (a) of this section, to its local educational 

agencies. 

ø(2) STATE ADMINISTRATION COSTS.— ø(A) IN GENERAL.—A State educational agency may use 

not more than 3 percent of the amount made available to 

the State under section 4111(b) for each fiscal year less the 

amount reserved under subsection (a) of this section, for 

State educational agency administrative costs, including 


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the implementation of the uniform management information and reporting system as provided for under subsection 

(c)(3). 

ø(B) ADDITIONAL AMOUNTS FOR THE UNIFORM MANAGE- MENT INFORMATION SYSTEM.—In the case of fiscal year 

2002, a State educational agency may, in addition to 

amounts provided for in subparagraph (A), use 1 percent 

of the amount made available to the State educational 

agency under section 4111(b) for each fiscal year less the 

amount reserved under subsection (a) of this section, for 

implementation of the uniform management information 

and reporting system as provided for under subsection 

(c)(3). 

ø(c) STATE ACTIVITIES.— ø(1) IN GENERAL.—A State educational agency may use not 

more than 5 percent of the amount made available to the State 

under section 4111(b) for each fiscal year less the amount reserved under subsection (a) of this section, for activities described in this subsection. 

ø(2) ACTIVITIES.—A State educational agency shall use the 

amounts described in paragraph (1), either directly, or through 

grants and contracts, to plan, develop, and implement capacity 

building, technical assistance and training, evaluation, program improvement services, and coordination activities for 

local educational agencies, community-based organizations, 

and other public and private entities. Such uses— 

ø(A) shall meet the principles of effectiveness described 

in section 4115(a); 

ø(B) shall complement and support local uses of funds 

under section 4115(b); 

ø(C) shall be in accordance with the purposes of this 

part; and 

ø(D) may include, among others activities— 

ø(i) identification, development, evaluation, and dissemination of drug and violence prevention strategies, 

programs, activities, and other information; 

ø(ii) training, technical assistance, and demonstration projects to address violence that is associated 

with prejudice and intolerance; and 

ø(iii) financial assistance to enhance drug and violence prevention resources available in areas that 

serve large numbers of low-income children, are 

sparsely populated, or have other special needs. 

ø(3) UNIFORM MANAGEMENT INFORMATION AND REPORTING

SYSTEM.— 

ø(A) INFORMATION AND STATISTICS.—A State shall establish a uniform management information and reporting system. 

ø(B) USES OF FUNDS.—A State may use funds described 

in subparagraphs (A) and (B) of subsection (b)(2), either directly or through grants and contracts, to implement the 

uniform management information and reporting system 

described in subparagraph (A), for the collection of information on— 

ø(i) truancy rates; 


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ø(ii) the frequency, seriousness, and incidence of violence and drug-related offenses resulting in suspensions and expulsions in elementary schools and secondary schools in the State; 

ø(iii) the types of curricula, programs, and services 

provided by the chief executive officer, the State educational agency, local educational agencies, and other 

recipients of funds under this subpart; and 

ø(iv) the incidence and prevalence, age of onset, perception of health risk, and perception of social disapproval of drug use and violence by youth in schools 

and communities. 

ø(C) COMPILATION OF STATISTICS.—In compiling the statistics required for the uniform management information 

and reporting system, the offenses described in subparagraph (B)(ii) shall be defined pursuant to the State’s criminal code, but shall not identify victims of crimes or persons 

accused of crimes. The collected data shall include incident 

reports by school officials, anonymous student surveys, and 

anonymous teacher surveys. 

ø(D) REPORTING.—The information described under subparagraph (B) shall be reported to the public and the data 

referenced in clauses (i) and (ii) of such subparagraph 

shall be reported to the State on a school-by-school basis. 

ø(E) LIMITATION.—Nothing in this subsection shall be 

construed to authorize the Secretary to require particular 

policies, procedures, or practices with respect to crimes 

committed on school property or school security. 

øSEC. 4113. STATE APPLICATION. 

ø(a) IN GENERAL.—In order to receive an allotment under section 

4111(b) for any fiscal year, a State shall submit to the Secretary, 

at such time as the Secretary may require, an application that— 

ø(1) contains a comprehensive plan for the use of funds by 

the State educational agency and the chief executive officer of 

the State to provide safe, orderly, and drug-free schools and 

communities through programs and activities that complement 

and support activities of local educational agencies under section 4115(b), that comply with the principles of effectiveness 

under section 4115(a), and that otherwise are in accordance 

with the purpose of this part; 

ø(2) describes how activities funded under this subpart will 

foster a safe and drug-free learning environment that supports 

academic achievement; 

ø(3) provides an assurance that the application was developed in consultation and coordination with appropriate State 

officials and others, including the chief executive officer, the 

chief State school officer, the head of the State alcohol and 

drug abuse agency, the heads of the State health and mental 

health agencies, the head of the State criminal justice planning 

agency, the head of the State child welfare agency, the head 

of the State board of education, or their designees, and representatives of parents, students, and community-based organizations; 

ø(4) describes how the State educational agency will coordinate such agency’s activities under this subpart with the chief 


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executive officer’s drug and violence prevention programs 

under this subpart and with the prevention efforts of other 

State agencies and other programs, as appropriate, in accordance with the provisions in section 9306; 

ø(5) provides an assurance that funds reserved under section 

4112(a) will not duplicate the efforts of the State educational 

agency and local educational agencies with regard to the provision of school-based drug and violence prevention activities and 

that those funds will be used to serve populations not normally 

served by the State educational agencies and local educational 

agencies and populations that need special services, such as 

school dropouts, suspended and expelled students, youth in detention centers, runaway or homeless children and youth, and 

pregnant and parenting youth; 

ø(6) provides an assurance that the State will cooperate 

with, and assist, the Secretary in conducting data collection as 

required by section 4122; 

ø(7) provides an assurance that the local educational agencies in the State will comply with the provisions of section 

9501 pertaining to the participation of private school children 

and teachers in the programs and activities under this subpart; 

ø(8) provides an assurance that funds under this subpart 

will be used to increase the level of State, local, and other nonFederal funds that would, in the absence of funds under this 

subpart, be made available for programs and activities authorized under this subpart, and in no case supplant such State, 

local, and other non-Federal funds; 

ø(9) contains the results of a needs assessment conducted by 

the State for drug and violence prevention programs, which 

shall be based on ongoing State evaluation activities, including 

data on— 

ø(A) the incidence and prevalence of illegal drug use and 

violence among youth in schools and communities, including the age of onset, the perception of health risks, and the 

perception of social disapproval among such youth; 

ø(B) the prevalence of risk factors, including high or increasing rates of reported cases of child abuse or domestic 

violence; 

ø(C) the prevalence of protective factors, buffers, or assets; and 

ø(D) other variables in the school and community identified through scientifically based research; 

ø(10) provides a statement of the State’s performance measures for drug and violence prevention programs and activities 

to be funded under this subpart that will be focused on student 

behavior and attitudes, derived from the needs assessment described in paragraph (9), and be developed in consultation between the State and local officials, and that consist of— 

ø(A) performance indicators for drug and violence prevention programs and activities; and 

ø(B) levels of performance for each performance indicator; 

ø(11) describes the procedures the State will use for assessing and publicly reporting progress toward meeting the performance measures described in paragraph (10); 


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ø(12) provides an assurance that the State application will 

be available for public review after submission of the application; 

ø(13) describes the special outreach activities that will be 

carried out by the State educational agency and the chief executive officer of the State to maximize the participation of community-based organizations of demonstrated effectiveness that 

provide services such as mentoring programs in low-income 

communities; 

ø(14) describes how funds will be used by the State educational agency and the chief executive officer of the State to 

support, develop, and implement community-wide comprehensive drug and violence prevention planning and organizing activities; 

ø(15) describes how input from parents will be sought regarding the use of funds by the State educational agency and 

the chief executive officer of the State; 

ø(16) describes how the State educational agency will review 

applications from local educational agencies, including how the 

agency will receive input from parents in such review; 

ø(17) describes how the State educational agency will monitor the implementation of activities under this subpart, and 

provide technical assistance for local educational agencies, 

community-based organizations, other public entities, and private organizations; 

ø(18) describes how the chief executive officer of the State 

will award funds under section 4112(a) and implement a plan 

for monitoring the performance of, and providing technical assistance to, recipients of such funds; and 

ø(19) includes any other information the Secretary may require. 

ø(b) INTERIM APPLICATION.— 

ø(1) AUTHORITY.—Notwithstanding any other provision of 

this section, a State may submit for fiscal year 2002 a 1-year 

interim application and plan for the use of funds under this 

subpart that is consistent with the requirements of this section 

and contains such information as the Secretary may specify in 

regulations. 

ø(2) PURPOSE.—The purpose of such interim application and 

plan shall be to afford the State the opportunity to fully develop and review such State’s application and comprehensive 

plan otherwise required by this section. 

ø(3) EXCEPTION.—A State may not receive a grant under this 

subpart for a fiscal year after fiscal year 2002 unless the Secretary has approved such State’s application and comprehensive plan as described in subsection (a). 

ø(c) APPROVAL PROCESS.— 

ø(1) DEEMED APPROVAL.—An application submitted by a 

State pursuant to this section shall undergo peer review by the 

Secretary and shall be deemed to be approved by the Secretary 

unless the Secretary makes a written determination, prior to 

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

which the Secretary received the application, that the application is not in compliance with this subpart. 


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ø(2) DISAPPROVAL.—The Secretary shall not finally disapprove the application, except after giving the State educational agency and the chief executive officer of the State notice and an opportunity for a hearing. 

ø(3) NOTIFICATION.—If the Secretary finds that the application is not in compliance, in whole or in part, with this subpart, the Secretary shall— 

ø(A) give the State educational agency and the chief executive officer of the State notice and an opportunity for a 

hearing; and 

ø(B) notify the State educational agency and the chief 

executive officer of the State of the finding of noncompliance, and in such notification, shall— 

ø(i) cite the specific provisions in the application 

that are not in compliance; and 

ø(ii) request additional information, only as to the 

noncompliant provisions, needed to make the application compliant. 

ø(4) RESPONSE.—If the State educational agency and the 

chief executive officer of the State respond to the Secretary’s 

notification described in paragraph (3)(B) during the 45-day period beginning on the date on which the agency received the 

notification, and resubmit the application with the requested 

information described in paragraph (3)(B)(ii), the Secretary 

shall approve or disapprove such application prior to the later 

of— 

ø(A) the expiration of the 45-day period beginning on the 

date on which the application is resubmitted; or 

ø(B) the expiration of the 120-day period described in 

paragraph (1). 

ø(5) FAILURE TO RESPOND.—If the State educational agency 

and the chief executive officer of the State do not respond to 

the Secretary’s notification described in paragraph (3)(B) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed 

to be disapproved. 

øSEC. 4114. LOCAL EDUCATIONAL AGENCY PROGRAM. 

ø(a) IN GENERAL.— ø(1) FUNDS TO LOCAL EDUCATIONAL AGENCIES.—A State shall 

provide the amount made available to the State under this 

subpart, less the amounts reserved under section 4112 to local 

educational agencies for drug and violence prevention and education programs and activities as follows: 

ø(A) 60 percent of such amount based on the relative 

amount such agencies received under part A of title I for 

the preceding fiscal year. 

ø(B) 40 percent of such amount based on the relative enrollments in public and private nonprofit elementary 

schools and secondary schools within the boundaries of 

such agencies. 

ø(2) ADMINISTRATIVE COSTS.—Of the amount received under 

paragraph (1), a local educational agency may use not more 

than 2 percent for the administrative costs of carrying out its 

responsibilities under this subpart. 

ø(3) RETURN OF FUNDS TO STATE; REALLOCATION.— 


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ø(A) RETURN.—Except as provided in subparagraph (B), 

upon the expiration of the 1-year period beginning on the 

date on which a local educational agency receives its allocation under this subpart— 

ø(i) such agency shall return to the State educational agency any funds from such allocation that 

remain unobligated; and 

ø(ii) the State educational agency shall reallocate 

any such amount to local educational agencies that 

have submitted plans for using such amount for programs or activities on a timely basis. 

ø(B) CARRYOVER.—In any fiscal year, a local educational 

agency, may retain for obligation in the succeeding fiscal 

year— 

ø(i) an amount equal to not more than 25 percent of 

the allocation it received under this subpart for such 

fiscal year; or 

ø(ii) upon a demonstration of good cause by such 

agency and approval by the State educational agency, 

an amount that exceeds 25 percent of such allocation. 

ø(C) REALLOCATION.—If a local educational agency 

chooses not to apply to receive the amount allocated to 

such agency under this subsection, or if such agency’s application under subsection (d) is disapproved by the State 

educational agency, the State educational agency shall reallocate such amount to one or more of its other local educational agencies. 

ø(b) ELIGIBILITY.—To be eligible to receive a subgrant under this 

subpart, a local educational agency desiring a subgrant shall 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. 

ø(c) DEVELOPMENT.— 

ø(1) CONSULTATION.— ø(A) IN GENERAL.—A local educational agency shall develop its application through timely and meaningful consultation with State and local government representatives, 

representatives of schools to be served (including private 

schools), teachers and other staff, parents, students, community-based organizations, and others with relevant and 

demonstrated expertise in drug and violence prevention activities (such as medical, mental health, and law enforcement professionals). 

ø(B) CONTINUED CONSULTATION.—On an ongoing basis, 

the local educational agency shall consult with such representatives and organizations in order to seek advice regarding how best to coordinate such agency’s activities 

under this subpart with other related strategies, programs, 

and activities being conducted in the community. 

ø(2) DESIGN AND DEVELOPMENT.—To ensure timely and 

meaningful consultation under paragraph (1), a local educational agency at the initial stages of design and development 

of a program or activity shall consult, in accordance with this 

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garding the design and development of the program or activity, 

including efforts to meet the principles of effectiveness described in section 4115(a). 

ø(d) CONTENTS OF APPLICATIONS.—An application submitted by a 

local educational agency under this section shall contain— 

ø(1) an assurance that the activities or programs to be funded comply with the principles of effectiveness described in section 4115(a) and foster a safe and drug-free learning environment that supports academic achievement; 

ø(2) a detailed explanation of the local educational agency’s 

comprehensive plan for drug and violence prevention, including 

a description of— 

ø(A) how the plan will be coordinated with programs 

under this Act, and other Federal, State, and local programs for drug and violence prevention, in accordance with 

section 9306; 

ø(B) the local educational agency’s performance measures for drug and violence prevention programs and activities, that shall consist of— 

ø(i) performance indicators for drug and violence 

prevention programs and activities; including— 

ø(I) specific reductions in the prevalence of identified risk factors; and 

ø(II) specific increases in the prevalence of protective factors, buffers, or assets if any have been 

identified; and 

ø(ii) levels of performance for each performance indicator; 

ø(C) how such agency will assess and publicly report 

progress toward attaining its performance measures; 

ø(D) the drug and violence prevention activity or program to be funded, including how the activity or program 

will meet the principles of effectiveness described in section 4115(a), and the means of evaluating such activity or 

program; and 

ø(E) how the services will be targeted to schools and students with the greatest need; 

ø(3) a description for how the results of the evaluations of 

the effectiveness of the program will be used to refine, improve, 

and strengthen the program; 

ø(4) an assurance that funds under this subpart will be used 

to increase the level of State, local, and other non-Federal 

funds that would, in the absence of funds under this subpart, 

be made available for programs and activities authorized under 

this subpart, and in no case supplant such State, local, and 

other non-Federal funds; 

ø(5) a description of the mechanisms used to provide effective notice to the community of an intention to submit an application under this subpart; 

ø(6) an assurance that drug and violence prevention programs supported under this subpart convey a clear and consistent message that acts of violence and the illegal use of 

drugs are wrong and harmful; 


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ø(7) an assurance that the applicant has, or the schools to 

be served have, a plan for keeping schools safe and drug-free 

that includes— 

ø(A) appropriate and effective school discipline policies 

that prohibit disorderly conduct, the illegal possession of 

weapons, and the illegal use, possession, distribution, and 

sale of tobacco, alcohol, and other drugs by students; 

ø(B) security procedures at school and while students 

are on the way to and from school; 

ø(C) prevention activities that are designed to create and 

maintain safe, disciplined, and drug-free environments; 

ø(D) a crisis management plan for responding to violent 

or traumatic incidents on school grounds; and 

ø(E) a code of conduct policy for all students that clearly 

states the responsibilities of students, teachers, and administrators in maintaining a classroom environment 

that— 

ø(i) allows a teacher to communicate effectively with 

all students in the class; 

ø(ii) allows all students in the class to learn; 

ø(iii) has consequences that are fair, and developmentally appropriate; 

ø(iv) considers the student and the circumstances of 

the situation; and 

ø(v) is enforced accordingly; 

ø(8) an assurance that the application and any waiver request under section 4115(a)(3) will be available for public review after submission of the application; and 

ø(9) such other assurances, goals, and objectives identified 

through scientifically based research that the State may reasonably require in accordance with the purpose of this part. 

ø(e) REVIEW OF APPLICATION.— 

ø(1) IN GENERAL.—In reviewing local applications under this 

section, a State educational agency shall use a peer review 

process or other methods of assuring the quality of such applications. 

ø(2) CONSIDERATIONS.—In determining whether to approve 

the application of a local educational agency under this section, 

a State educational agency shall consider the quality of application and the extent to which the application meets the principles of effectiveness described in section 4115(a). 

ø(f) APPROVAL PROCESS.— 

ø(1) DEEMED APPROVAL.—An application submitted by a local 

educational agency pursuant to this section shall be deemed to 

be approved by the State educational agency unless the State 

educational agency makes a written determination, prior to the 

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

which the State educational agency received the application, 

that the application is not in compliance with this subpart. 

ø(2) DISAPPROVAL.—The State educational agency shall not 

finally disapprove the application, except after giving the local 

educational agency notice and opportunity for a hearing. 

ø(3) NOTIFICATION.—If the State educational agency finds 

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

with this subpart, the State educational agency shall— 


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ø(A) give the local educational agency notice and an opportunity for a hearing; and 

ø(B) notify the local educational agency of the finding of 

noncompliance, and in such notification, shall— 

ø(i) cite the specific provisions in the application 

that are not in compliance; and 

ø(ii) request additional information, only as to the 

noncompliant provisions, needed to make the application compliant. 

ø(4) RESPONSE.—If the local educational agency responds to 

the State educational agency’s notification described in paragraph (3)(B) during the 45-day period beginning on the date on 

which the agency received the notification, and resubmits the 

application with the requested information described in paragraph (3)(B)(ii), the State educational agency shall approve or 

disapprove such application prior to the later of— 

ø(A) the expiration of the 45-day period beginning on the 

date on which the application is resubmitted; or 

ø(B) the expiration of the 120-day period described in 

paragraph (1). 

ø(5) FAILURE TO RESPOND.—If the local educational agency 

does not respond to the State educational agency’s notification 

described in paragraph (3)(B) during the 45-day period beginning on the date on which the agency received the notification, 

such application shall be deemed to be disapproved. 

øSEC. 4115. AUTHORIZED ACTIVITIES. 

ø(a) PRINCIPLES OF EFFECTIVENESS.— 

ø(1) IN GENERAL.—For a program or activity developed pursuant to this subpart to meet the principles of effectiveness, 

such program or activity shall— 

ø(A) be based on an assessment of objective data regarding the incidence of violence and illegal drug use in the elementary schools and secondary schools and communities 

to be served, including an objective analysis of the current 

conditions and consequences regarding violence and illegal 

drug use, including delinquency and serious discipline 

problems, among students who attend such schools (including private school students who participate in the drug 

and violence prevention program) that is based on ongoing 

local assessment or evaluation activities; 

ø(B) be based on an established set of performance 

measures aimed at ensuring that the elementary schools 

and secondary schools and communities to be served by 

the program have a safe, orderly, and drug-free learning 

environment; 

ø(C) be based on scientifically based research that provides evidence that the program to be used will reduce violence and illegal drug use; 

ø(D) be based on an analysis of the data reasonably 

available at the time, of the prevalence of risk factors, including high or increasing rates of reported cases of child 

abuse and domestic violence; protective factors, buffers, assets; or other variables in schools and communities in the 

State identified through scientifically based research; and 


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ø(E) include meaningful and ongoing consultation with 

and input from parents in the development of the application and administration of the program or activity. 

ø(2) PERIODIC EVALUATION.— ø(A) REQUIREMENT.—The program or activity shall undergo a periodic evaluation to assess its progress toward 

reducing violence and illegal drug use in schools to be 

served based on performance measures described in section 4114(d)(2)(B). 

ø(B) USE OF RESULTS.—The results shall be used to refine, improve, and strengthen the program, and to refine 

the performance measures, and shall also be made available to the public upon request, with public notice of such 

availability provided. 

ø(3) WAIVER.—A local educational agency may apply to the 

State for a waiver of the requirement of subsection (a)(1)(C) to 

allow innovative activities or programs that demonstrate substantial likelihood of success. 

ø(b) LOCAL EDUCATIONAL AGENCY ACTIVITIES.— ø(1) PROGRAM REQUIREMENTS.—A local educational agency 

shall use funds made available under section 4114 to develop, 

implement, and evaluate comprehensive programs and activities, which are coordinated with other school and communitybased services and programs, that shall— 

ø(A) foster a safe and drug-free learning environment 

that supports academic achievement; 

ø(B) be consistent with the principles of effectiveness described in subsection (a)(1); 

ø(C) be designed to— 

ø(i) prevent or reduce violence; the use, possession 

and distribution of illegal drugs; and delinquency; and 

ø(ii) create a well disciplined environment conducive 

to learning, which includes consultation between 

teachers, principals, and other school personnel to 

identify early warning signs of drug use and violence 

and to provide behavioral interventions as part of 

classroom management efforts; and 

ø(D) include activities to— 

ø(i) promote the involvement of parents in the activity or program; 

ø(ii) promote coordination with community groups 

and coalitions, and government agencies; and 

ø(iii) distribute information about the local educational agency’s needs, goals, and programs under 

this subpart. 

ø(2) AUTHORIZED ACTIVITIES.—Each local educational agency, 

or consortium of such agencies, that receives a subgrant under 

this subpart may use such funds to carry out activities that 

comply with the principles of effectiveness described in subsection (a), such as the following: 

ø(A) Age appropriate and developmentally based activities that— 

ø(i) address the consequences of violence and the illegal use of drugs, as appropriate; 

ø(ii) promote a sense of individual responsibility; 


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ø(iii) teach students that most people do not illegally 

use drugs; 

ø(iv) teach students to recognize social and peer 

pressure to use drugs illegally and the skills for resisting illegal drug use; 

ø(v) teach students about the dangers of emerging 

drugs; 

ø(vi) engage students in the learning process; and 

ø(vii) incorporate activities in secondary schools that 

reinforce prevention activities implemented in elementary schools. 

ø(B) Activities that involve families, community sectors 

(which may include appropriately trained seniors), and a 

variety of drug and violence prevention providers in setting clear expectations against violence and illegal use of 

drugs and appropriate consequences for violence and illegal use of drugs. 

ø(C) Dissemination of drug and violence prevention information to schools and the community. 

ø(D) Professional development and training for, and involvement of, school personnel, pupil services personnel, 

parents, and interested community members in prevention, education, early identification and intervention, mentoring, or rehabilitation referral, as related to drug and violence prevention. 

ø(E) Drug and violence prevention activities that may include the following: 

ø(i) Community-wide planning and organizing activities to reduce violence and illegal drug use, which 

may include gang activity prevention. 

ø(ii) Acquiring and installing metal detectors, electronic locks, surveillance cameras, or other related 

equipment and technologies. 

ø(iii) Reporting criminal offenses committed on 

school property. 

ø(iv) Developing and implementing comprehensive 

school security plans or obtaining technical assistance 

concerning such plans, which may include obtaining a 

security assessment or assistance from the School Security and Technology Resource Center at the Sandia 

National Laboratory located in Albuquerque, New 

Mexico. 

ø(v) Supporting safe zones of passage activities that 

ensure that students travel safely to and from school, 

which may include bicycle and pedestrian safety programs. 

ø(vi) The hiring and mandatory training, based on 

scientific research, of school security personnel (including school resource officers) who interact with students in support of youth drug and violence prevention 

activities under this part that are implemented in the 

school. 

ø(vii) Expanded and improved school-based mental 

health services related to illegal drug use and violence, 

including early identification of violence and illegal 


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drug use, assessment, and direct or group counseling 

services provided to students, parents, families, and 

school personnel by qualified school-based mental 

health service providers. 

ø(viii) Conflict resolution programs, including peer 

mediation programs that educate and train peer mediators and a designated faculty supervisor, and youth 

anti-crime and anti-drug councils and activities. 

ø(ix) Alternative education programs or services for 

violent or drug abusing students that reduce the need 

for suspension or expulsion or that serve students who 

have been suspended or expelled from the regular educational settings, including programs or services to assist students to make continued progress toward meeting the State academic achievement standards and to 

reenter the regular education setting. 

ø(x) Counseling, mentoring, referral services, and 

other student assistance practices and programs, including assistance provided by qualified school-based 

mental health services providers and the training of 

teachers by school-based mental health services providers in appropriate identification and intervention 

techniques for students at risk of violent behavior and 

illegal use of drugs. 

ø(xi) Programs that encourage students to seek advice from, and to confide in, a trusted adult regarding 

concerns about violence and illegal drug use. 

ø(xii) Drug and violence prevention activities designed to reduce truancy. 

ø(xiii) Age-appropriate, developmentally-based violence prevention and education programs that address 

victimization associated with prejudice and intolerance, and that include activities designed to help students develop a sense of individual responsibility and 

respect for the rights of others, and to resolve conflicts 

without violence. 

ø(xiv) Consistent with the fourth amendment to the 

Constitution of the United States, the testing of a student for illegal drug use or the inspecting of a student’s locker for weapons or illegal drugs or drug paraphernalia, including at the request of or with the consent of a parent or legal guardian of the student, if the 

local educational agency elects to so test or inspect. 

ø(xv) Emergency intervention services following 

traumatic crisis events, such as a shooting, major accident, or a drug-related incident that have disrupted 

the learning environment. 

ø(xvi) Establishing or implementing a system for 

transferring suspension and expulsion records, consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g), by a local educational 

agency to any public or private elementary school or 

secondary school. 

ø(xvii) Developing and implementing character education programs, as a component of drug and violence 


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prevention programs, that take into account the views 

of parents of the students for whom the program is intended and such students, such as a program described in subpart 3 of part D of title V. 

ø(xviii) Establishing and maintaining a school safety 

hotline. 

ø(xix) Community service, including community 

service performed by expelled students, and servicelearning projects. 

ø(xx) Conducting a nationwide background check of 

each local educational agency employee, regardless of 

when hired, and prospective employees for the purpose 

of determining whether the employee or prospective 

employee has been convicted of a crime that bears 

upon the employee’s fitness— 

ø(I) to be responsible for the safety or well-being 

of children; 

ø(II) to serve in the particular capacity in which 

the employee or prospective employee is or will be 

employed; or 

ø(III) to otherwise be employed by the local educational agency. 

ø(xxi) Programs to train school personnel to identify 

warning signs of youth suicide and to create an action 

plan to help youth at risk of suicide. 

ø(xxii) Programs that respond to the needs of students who are faced with domestic violence or child 

abuse. 

ø(F) The evaluation of any of the activities authorized 

under this subsection and the collection of objective data 

used to assess program needs, program implementation, or 

program success in achieving program goals and objectives. 

ø(c) LIMITATION.— 

ø(1) IN GENERAL.—Except as provided in paragraph (2), not 

more than 40 percent of the funds available to a local educational agency under this subpart may be used to carry out 

the activities described in clauses (ii) through (vi) of subsection 

(b)(2)(E), of which not more than 50 percent of such amount 

may be used to carry out the activities described in clauses (ii) 

through (v) of such subsection. 

ø(2) EXCEPTION.—A local educational agency may use funds 

under this subpart for activities described in clauses (ii) 

through (v) of subsection (b)(2)(E) only if funding for these activities is not received from other Federal agencies. 

ø(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to prohibit the use of funds under this subpart by any 

local educational agency or school for the establishment or implementation of a school uniform policy if such policy is part of the 

overall comprehensive drug and violence prevention plan of the 

State involved and is supported by the State’s needs assessment 

and other scientifically based research information. 

øSEC. 4116. REPORTING. 

ø(a) STATE REPORT.— 


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ø(1) IN GENERAL.—By December 1, 2003, and every 2 years 

thereafter, the chief executive officer of the State, in cooperation with the State educational agency, shall submit to the Secretary a report— 

ø(A) on the implementation and outcomes of State programs under section 4112(a)(1) and section 4112(c) and 

local educational agency programs under section 4115(b), 

as well as an assessment of their effectiveness; 

ø(B) on the State’s progress toward attaining its performance measures for drug and violence prevention under 

section 4113(a)(10); and 

ø(C) on the State’s efforts to inform parents of, and include parents in, violence and drug prevention efforts. 

ø(2) SPECIAL RULE.—The report required by this subsection 

shall be— 

ø(A) in the form specified by the Secretary; 

ø(B) based on the State’s ongoing evaluation activities, 

and shall include data on the incidence and prevalence, 

age of onset, perception of health risk, and perception of 

social disapproval of drug use and violence by youth in 

schools and communities; and 

ø(C) made readily available to the public. 

ø(b) LOCAL EDUCATIONAL AGENCY REPORT.— 

ø(1) IN GENERAL.—Each local educational agency receiving 

funds under this subpart shall submit to the State educational 

agency such information that the State requires to complete 

the State report required by subsection (a), including a description of how parents were informed of, and participated in, violence and drug prevention efforts. 

ø(2) AVAILABILITY.—Information under paragraph (1) shall 

be made readily available to the public. 

ø(3) PROVISION OF DOCUMENTATION.—Not later than January 

1 of each year that a State is required to report under subsection (a), the Secretary shall provide to the State educational 

agency all of the necessary documentation required for compliance with this section. 

øSEC. 4117. PROGRAMS FOR NATIVE HAWAIIANS. 

ø(a) GENERAL AUTHORITY.—From the funds made available pursuant to section 4111(a)(1)(C) to carry out this section, the Secretary shall make grants to or enter into cooperative agreements 

or contracts with organizations primarily serving and representing 

Native Hawaiians for the benefit of Native Hawaiians to plan, conduct, and administer programs, or portions thereof, that are authorized by and consistent with the provisions of this subpart. 

ø(b) DEFINITION OF NATIVE HAWAIIAN.—For the purposes of this 

section, the term ‘‘Native Hawaiian’’ means any individual any of 

whose ancestors were natives, prior to 1778, of the area which now 

comprises the State of Hawaii. 

øSubpart 2—National Programs 

øSEC. 4121. FEDERAL ACTIVITIES. 

ø(a) PROGRAM AUTHORIZED.—From funds made available to carry 

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tion with the Secretary of Health and Human Services, the Director of the Office of National Drug Control Policy, and the Attorney 

General, shall carry out programs to prevent the illegal use of 

drugs and violence among, and promote safety and discipline for, 

students. The Secretary shall carry out such programs directly, or 

through grants, contracts, or cooperative agreements with public 

and private entities and individuals, or through agreements with 

other Federal agencies, and shall coordinate such programs with 

other appropriate Federal activities. Such programs may include— 

ø(1) the development and demonstration of innovative strategies for the training of school personnel, parents, and members 

of the community for drug and violence prevention activities 

based on State and local needs; 

ø(2) the development, demonstration, scientifically based 

evaluation, and dissemination of innovative and high quality 

drug and violence prevention programs and activities, based on 

State and local needs, which may include— 

ø(A) alternative education models, either established 

within a school or separate and apart from an existing 

school, that are designed to promote drug and violence prevention, reduce disruptive behavior, reduce the need for repeat suspensions and expulsions, enable students to meet 

challenging State academic standards, and enable students 

to return to the regular classroom as soon as possible; 

ø(B) community service and service-learning projects, designed to rebuild safe and healthy neighborhoods and increase students’ sense of individual responsibility; 

ø(C) video-based projects developed by noncommercial 

telecommunications entities that provide young people 

with models for conflict resolution and responsible decisionmaking; and 

ø(D) child abuse education and prevention programs for 

elementary and secondary students; 

ø(3) the provision of information on drug abuse education 

and prevention to the Secretary of Health and Human Services 

for dissemination; 

ø(4) the provision of information on violence prevention and 

education and school safety to the Department of Justice for 

dissemination; 

ø(5) technical assistance to chief executive officers, State 

agencies, local educational agencies, and other recipients of 

funding under this part to build capacity to develop and implement high-quality, effective drug and violence prevention programs consistent with the principles of effectiveness in section 

4115(a); 

ø(6) assistance to school systems that have particularly severe drug and violence problems, including hiring drug prevention and school safety coordinators, or assistance to support appropriate response efforts to crisis situations; 

ø(7) the development of education and training programs, 

curricula, instructional materials, and professional training 

and development for preventing and reducing the incidence of 

crimes and conflicts motivated by hate in localities most directly affected by hate crimes; 


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ø(8) activities in communities designated as empowerment 

zones or enterprise communities that will connect schools to 

community-wide efforts to reduce drug and violence problems; 

and 

ø(9) other activities in accordance with the purpose of this 

part, based on State and local needs. 

ø(b) PEER REVIEW.—The Secretary shall use a peer review process in reviewing applications for funds under this section. 

øSEC. 4122. IMPACT EVALUATION. 

ø(a) BIENNIAL EVALUATION.—The Secretary, in consultation with 

the Safe and Drug-Free Schools and Communities Advisory Committee described in section 4124, shall conduct an independent biennial evaluation of the impact of programs assisted under this 

subpart and of other recent and new initiatives to combat violence 

and illegal drug use in schools. The evaluation shall report on 

whether community and local educational agency programs funded 

under this subpart— 

ø(1) comply with the principles of effectiveness described in 

section 4115(a); 

ø(2) have appreciably reduced the level of illegal drug, alcohol, and tobacco use, and school violence and the illegal presence of weapons at schools; and 

ø(3) have conducted effective parent involvement and training programs. 

ø(b) DATA COLLECTION.—The National Center for Education Statistics shall collect data, that is subject to independent review, to 

determine the incidence and prevalence of illegal drug use and violence in elementary schools and secondary schools in the States. 

The collected data shall include incident reports by schools officials, 

anonymous student surveys, and anonymous teacher surveys. 

ø(c) BIENNIAL REPORT.—Not later than January 1, 2003, and 

every 2 years thereafter, the Secretary shall submit to the President and Congress a report on the findings of the evaluation conducted under subsection (a) together with the data collected under 

subsection (b) and data available from other sources on the incidence and prevalence, age of onset, perception of health risk, and 

perception of social disapproval of drug use and violence in elementary schools and secondary schools in the States. The Secretary 

shall include data submitted by the States pursuant to subsection 

4116(a). 

øSEC. 4123. HATE CRIME PREVENTION. 

ø(a) GRANT AUTHORIZATION.—From funds made available to 

carry out this subpart under section 4003(2) the Secretary may 

make grants to local educational agencies and community-based organizations for the purpose of providing assistance to localities 

most directly affected by hate crimes. 

ø(b) USE OF FUNDS.— 

ø(1) PROGRAM DEVELOPMENT.—Grants under this section 

may be used to improve elementary and secondary educational 

efforts, including— 

ø(A) development of education and training programs designed to prevent and to reduce the incidence of crimes 

and conflicts motivated by hate; 


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ø(B) development of curricula for the purpose of improving conflict or dispute resolution skills of students, teachers, and administrators; 

ø(C) development and acquisition of equipment and instructional materials to meet the needs of, or otherwise be 

part of, hate crime or conflict programs; and 

ø(D) professional training and development for teachers 

and administrators on the causes, effects, and resolutions 

of hate crimes or hate-based conflicts. 

ø(2) APPLICATION.—In order to be eligible to receive a grant 

under this section for any fiscal year, a local educational agency, or a local educational agency in conjunction with a community-based organization, shall submit an application to the Secretary in such form and containing such information as the 

Secretary may reasonably require. 

ø(3) REQUIREMENTS.—Each application under paragraph (2) 

shall include— 

ø(A) a request for funds for the purpose described in this 

section; 

ø(B) a description of the schools and communities to be 

served by the grants; and 

ø(C) assurances that Federal funds received under this 

section shall be used to supplement, and not supplant, 

non-Federal funds. 

ø(4) COMPREHENSIVE PLAN.—Each application shall include a 

comprehensive plan that contains— 

ø(A) a description of the hate crime or conflict problems 

within the schools or the community targeted for assistance; 

ø(B) a description of the program to be developed or augmented by such Federal and matching funds; 

ø(C) assurances that such program or activity shall be 

administered by or under the supervision of the applicant; 

ø(D) procedures for the proper and efficient administration of such program; and 

ø(E) fiscal control and fund accounting procedures as 

may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this 

section. 

ø(c) AWARD OF GRANTS.— 

ø(1) SELECTION OF RECIPIENTS.—The Secretary shall consider 

the incidence of crimes and conflicts motivated by bias in the 

targeted schools and communities in awarding grants under 

this section. 

ø(2) GEOGRAPHIC DISTRIBUTION.—The Secretary shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards. 

ø(3) DISSEMINATION OF INFORMATION.—The Secretary shall 

attempt, to the extent practicable, to make available information regarding successful hate crime prevention programs, including programs established or expanded with grants under 

this section. 

ø(d) REPORTS.—The Secretary shall submit to Congress a report 

every 2 years that shall contain a detailed statement regarding 


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grants and awards, activities of grant recipients, and an evaluation 

of programs established under this section. 

øSEC. 4124. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ADVISORY COMMITTEE. 

ø(a) ESTABLISHMENT.— 

ø(1) IN GENERAL.—There is hereby established an advisory 

committee to be known as the ‘‘Safe and Drug Free Schools 

and Communities Advisory Committee’’ (referred to in this section as the ‘‘Advisory Committee’’) to— 

ø(A) consult with the Secretary under subsection (b); 

ø(B) coordinate Federal school- and community-based 

substance abuse and violence prevention programs and reduce duplicative research or services; 

ø(C) develop core data sets and evaluation protocols for 

safe and drug-free school- and community-based programs; 

ø(D) provide technical assistance and training for safe 

and drug-free school- and community-based programs; 

ø(E) provide for the diffusion of scientifically based research to safe and drug-free school- and community-based 

programs; and 

ø(F) review other regulations and standards developed 

under this title. 

ø(2) COMPOSITION.—The Advisory Committee shall be composed of representatives from— 

ø(A) the Department of Education; 

ø(B) the Centers for Disease Control and Prevention; 

ø(C) the National Institute on Drug Abuse; 

ø(D) the National Institute on Alcoholism and Alcohol 

Abuse; 

ø(E) the Center for Substance Abuse Prevention; 

ø(F) the Center for Mental Health Services; 

ø(G) the Office of Juvenile Justice and Delinquency Prevention; 

ø(H) the Office of National Drug Control Policy; 

ø(I) State and local governments, including education 

agencies; and 

ø(J) researchers and expert practitioners. 

ø(3) CONSULTATION.—In carrying out its duties under this 

section, the Advisory Committee shall annually consult with 

interested State and local coordinators of school- and community-based substance abuse and violence prevention programs 

and other interested groups. 

ø(b) PROGRAMS.— 

ø(1) IN GENERAL.—From amounts made available under section 4003(2) to carry out this subpart, the Secretary, in consultation with the Advisory Committee, shall carry out scientifically based research programs to strengthen the accountability 

and effectiveness of the State, chief executive officer’s, and national programs under this part. 

ø(2) GRANTS, CONTRACTS OR COOPERATIVE AGREEMENTS.—The 

Secretary shall carry out paragraph (1) directly or through 

grants, contracts, or cooperative agreements with public and 

private entities and individuals or through agreements with 

other Federal agencies. 


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ø(3) COORDINATION.—The Secretary shall coordinate programs under this section with other appropriate Federal activities. 

ø(4) ACTIVITIES.—Activities that may be carried out under 

programs funded under this section may include— 

ø(A) the provision of technical assistance and training, 

in collaboration with other Federal agencies utilizing their 

expertise and national and regional training systems, for 

Governors, State educational agencies and local educational agencies to support high quality, effective programs that— 

ø(i) provide a thorough assessment of the substance 

abuse and violence problem; 

ø(ii) utilize objective data and the knowledge of a 

wide range of community members; 

ø(iii) develop measurable goals and objectives; and 

ø(iv) implement scientifically based research activities that have been shown to be effective and that 

meet identified needs; 

ø(B) the provision of technical assistance and training to 

foster program accountability; 

ø(C) the diffusion and dissemination of best practices 

and programs; 

ø(D) the development of core data sets and evaluation 

tools; 

ø(E) program evaluations; 

ø(F) the provision of information on drug abuse education and prevention to the Secretary of Health and 

Human Services for dissemination by the clearinghouse for 

alcohol and drug abuse information established under section 501(d)(16) of the Public Health Service Act; and 

ø(G) other activities that meet unmet needs related to 

the purpose of this part and that are undertaken in consultation with the Advisory Committee. 

øSEC. 4125. NATIONAL COORDINATOR PROGRAM. 

ø(a) IN GENERAL.—From funds made available to carry out this 

subpart under section 4003(2), the Secretary may provide for the 

establishment of a National Coordinator Program under which the 

Secretary shall award grants to local educational agencies for the 

hiring of drug prevention and school safety program coordinators. 

ø(b) USE OF FUNDS.—Amounts received under a grant under subsection (a) shall be used by local educational agencies to recruit, 

hire, and train individuals to serve as drug prevention and school 

safety program coordinators in schools with significant drug and 

school safety problems. Such coordinators shall be responsible for 

developing, conducting, and analyzing assessments of drug and 

crime problems at their schools, and administering the safe and 

drug-free grant program at such schools. 

øSEC. 4126. COMMUNITY SERVICE GRANT PROGRAM. 

ø(a) IN GENERAL.—From funds made available to carry out this 

subpart under section 4003(2), the Secretary may make grants to 

States to carry out programs under which students expelled or suspended from school are required to perform community service. 


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ø(b) ALLOCATION.—From the amount described in subsection (a), 

the Secretary shall allocate among the States— 

ø(1) one-half according to the ratio between the school-aged 

population of each State and the school-aged population of all 

the States; and 

ø(2) one-half according to the ratio between the amount each 

State received under section 1124A for the preceding year and 

the sum of such amounts received by all the States. 

ø(c) MINIMUM.—For any fiscal year, no State shall be allotted 

under this section an amount that is less than one-half of 1 percent 

of the total amount allotted to all the States under this section. 

ø(d) REALLOTMENT.—The Secretary may reallot any amount of 

any allotment to a State if the Secretary determines that the State 

will be unable to use such amount within 2 years of such allotment. Such reallotments shall be made on the same basis as allotments are made under subsection (b). 

ø(e) DEFINITION.—In this section, the term ‘‘State’’ means each of 

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

Puerto Rico. 

øSEC. 4127. SCHOOL SECURITY TECHNOLOGY AND RESOURCE CENTER. 

ø(a) CENTER.—From funds made available to carry out this subpart under section 4003(2), the Secretary, the Attorney General, 

and the Secretary of Energy may enter into an agreement for the 

establishment at the Sandia National Laboratories, in partnership 

with the National Law Enforcement and Corrections Technology 

Center—Southeast and the National Center for Rural Law Enforcement in Little Rock, Arkansas, of a center to be known as the 

‘‘School Security Technology and Resource Center’’ (hereafter in 

this section ‘‘the Center’’). 

ø(b) ADMINISTRATION.—The Center established under subsection 

(a) shall be administered by the Attorney General. 

ø(c) FUNCTIONS.—The center established under subsection (a) 

shall be a resource to local educational agencies for school security 

assessments, security technology development, evaluation and implementation, and technical assistance relating to improving school 

security. The Center will also conduct and publish school violence 

research, coalesce data from victim communities, and monitor and 

report on schools that implement school security strategies. 

øSEC. 4128. NATIONAL CENTER FOR SCHOOL AND YOUTH SAFETY. 

ø(a) ESTABLISHMENT.—From funds made available to carry out 

this subpart under section 4003(2), the Secretary of Education and 

the Attorney General may jointly establish a National Center for 

School and Youth Safety (in this section referred to as the ‘‘Center’’). The Secretary of Education and the Attorney General may establish the Center at an existing facility, if the facility has a history of performing two or more of the duties described in subsection 

(b). The Secretary of Education and the Attorney General shall 

jointly appoint a Director of the Center to oversee the operation of 

the Center. 

ø(b) DUTIES.—The Center shall carry out emergency response, 

anonymous student hotline, consultation, and information and outreach activities with respect to elementary and secondary school 

safety, including the following: 


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ø(1) EMERGENCY RESPONSE.—The staff of the Center, and 

such temporary contract employees as the Director of the Center shall determine necessary, shall offer emergency assistance 

to local communities to respond to school safety crises. Such 

assistance shall include counseling for victims and the community, assistance to law enforcement to address short-term security concerns, and advice on how to enhance school safety, prevent future incidents, and respond to future incidents. 

ø(2) ANONYMOUS STUDENT HOTLINE.—The Center shall establish a toll-free telephone number for students to report criminal activity, threats of criminal activity, and other 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. 

ø(3) CONSULTATION.—The Center shall establish a toll-free 

number for the public to contact staff of the Center for consultation regarding school safety. The Director of the Center 

shall hire administrative staff and individuals with expertise 

in enhancing school safety, including individuals with backgrounds in counseling and psychology, education, law enforcement and criminal justice, and community development to assist in the consultation. 

ø(4) INFORMATION AND OUTREACH.—The Center shall compile 

information about the best practices in school violence prevention, intervention, and crisis management, and shall serve as 

a clearinghouse for model school safety program information. 

The staff of the Center shall work to ensure local 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. 

øSEC. 4129. GRANTS TO REDUCE ALCOHOL ABUSE. 

ø(a) IN GENERAL.—The Secretary, in consultation with the Administrator of the Substance Abuse and Mental Health Services 

Administration, may award grants from funds made available to 

carry out this subpart under section 4003(2), on a competitive 

basis, to local educational agencies to enable such agencies to develop and implement innovative and effective programs to reduce 

alcohol abuse in secondary schools. 

ø(b) ELIGIBILITY.—To be eligible to receive a grant under subsection (a), a local educational agency shall prepare and submit to 

the Secretary an application at such time, in such manner, and 

containing such information as the Secretary may require, including— 

ø(1) a description of the activities to be carried out under the 

grant; 

ø(2) an assurance that such activities will include one or 

more of the proven strategies for reducing underage alcohol 


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abuse as determined by the Substance Abuse and Mental 

Health Services Administration; 

ø(3) an explanation of how activities to be carried out under 

the grant that are not described in paragraph (2) will be effective in reducing underage alcohol abuse, including references 

to the past effectiveness of such activities; 

ø(4) an assurance that the applicant will submit to the Secretary an annual report concerning the effectiveness of the programs and activities funded under the grant; and 

ø(5) such other information as the Secretary determines appropriate. 

ø(c) STREAMLINING OF PROCESS FOR LOW-INCOME AND RURAL

LEAS.—The Secretary, in consultation with the Administrator of 

the Substance Abuse and Mental Health Services Administration, 

shall develop procedures to make the application process for grants 

under this section more user-friendly, particularly for low-income 

and rural local educational agencies. 

ø(d) RESERVATIONS.— 

ø(1) SAMHSA.—The Secretary may reserve 20 percent of 

any amount used to carry out this section to enable the Administrator of the Substance Abuse and Mental Health Services 

Administration to provide alcohol abuse resources and start-up 

assistance to local educational agencies receiving grants under 

this section. 

ø(2) LOW-INCOME AND RURAL AREAS.—The Secretary may reserve 25 percent of any amount used to carry out this section 

to award grants to low-income and rural local educational 

agencies. 

øSEC. 4130. MENTORING PROGRAMS. 

ø(a) PURPOSE; DEFINITIONS.— 

ø(1) PURPOSE.—The purpose of this section is to make assistance available to promote mentoring programs for children 

with greatest need— 

ø(A) to assist such children in receiving support and 

guidance from a mentor; 

ø(B) to improve the academic achievement of such children; 

ø(C) to improve interpersonal relationships between 

such children and their peers, teachers, other adults, and 

family members; 

ø(D) to reduce the dropout rate of such children; and 

ø(E) to reduce juvenile delinquency and involvement in 

gangs by such children. 

ø(2) DEFINITIONS.—In this part: 

ø(A) CHILD WITH GREATEST NEED.—The term ‘‘child with 

greatest need’’ means a child who is at risk of educational 

failure, dropping out of school, or involvement in criminal 

or delinquent activities, or who lacks strong positive role 

models. 

ø(B) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ 

means— 

ø(i) a local educational agency; 

ø(ii) a nonprofit, community-based organization; or 


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ø(iii) a partnership between a local educational 

agency and a nonprofit, community-based organization. 

ø(C) MENTOR.—The term ‘‘mentor’’ means a responsible 

adult, a postsecondary school student, or a secondary 

school student who works with a child— 

ø(i) to provide a positive role model for the child; 

ø(ii) to establish a supportive relationship with the 

child; and 

ø(iii) to provide the child with academic assistance 

and exposure to new experiences and examples of opportunity that enhance the ability of the child to become a responsible adult. 

ø(D) STATE.—The term ‘‘State’’ means each of the several States, the District of Columbia, the Commonwealth 

of Puerto Rico, the United States Virgin Islands, Guam, 

American Samoa, and the Commonwealth of the Northern 

Mariana Islands. 

ø(b) GRANT PROGRAM.— 

ø(1) IN GENERAL.—The Secretary may award grants from 

funds made available to carry out this subpart under section 

4003(2) to eligible entities to assist such entities in establishing and supporting mentoring programs and activities for 

children with greatest need that— 

ø(A) are designed to link such children (particularly children living in rural areas, high-crime areas, or troubled 

home environments, or children experiencing educational 

failure) with mentors who— 

ø(i) have received training and support in mentoring; 

ø(ii) have been screened using appropriate reference 

checks, child and domestic abuse record checks, and 

criminal background checks; and 

ø(iii) are interested in working with children with 

greatest need; and 

ø(B) are intended to achieve one or more of the following 

goals with respect to children with greatest need: 

ø(i) Provide general guidance. 

ø(ii) Promote personal and social responsibility. 

ø(iii) Increase participation in, and enhance the ability to benefit from, elementary and secondary education. 

ø(iv) Discourage illegal use of drugs and alcohol, violence, use of dangerous weapons, promiscuous behavior, and other criminal, harmful, or potentially harmful activity. 

ø(v) Encourage participation in community service 

and community activities. 

ø(vi) Encourage setting goals and planning for the 

future, including encouragement of graduation from 

secondary school and planning for postsecondary education or training. 

ø(viii) Discourage involvement in gangs. 

ø(2) USE OF FUNDS.— 


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ø(A) IN GENERAL.—Each eligible entity awarded a grant 

under this subsection shall use the grant funds for activities that establish or implement a mentoring program, 

that may include— 

ø(i) hiring of mentoring coordinators and support 

staff; 

ø(ii) providing for the professional development of 

mentoring coordinators and support staff; 

ø(iii) recruitment, screening, and training of mentors; 

ø(iv) reimbursement to schools, if appropriate, for 

the use of school materials or supplies in carrying out 

the mentoring program; 

ø(v) dissemination of outreach materials; 

ø(vi) evaluation of the mentoring program using scientifically based methods; and 

ø(vii) such other activities as the Secretary may reasonably prescribe by rule. 

ø(B) PROHIBITED USES.—Notwithstanding subparagraph 

(A), an eligible entity awarded a grant under this section 

may not use the grant funds— 

ø(i) to directly compensate mentors; 

ø(ii) to obtain educational or other materials or 

equipment that would otherwise be used in the ordinary course of the eligible entity’s operations; 

ø(iii) to support litigation of any kind; or 

ø(iv) for any other purpose reasonably prohibited by 

the Secretary by rule. 

ø(3) AVAILABILITY OF FUNDS.—Funds made available through 

a grant under this section shall be available for obligation for 

a period not to exceed 3 years. 

ø(4) APPLICATION.—Each eligible entity seeking a grant 

under this section shall submit to the Secretary an application 

that includes— 

ø(A) a description of the plan for the mentoring program 

the eligible entity proposes to carry out with such grant; 

ø(B) information on the children expected to be served 

by the mentoring program for which such grant is sought; 

ø(C) a description of the mechanism the eligible entity 

will use to match children with mentors based on the 

needs of the children; 

ø(D) an assurance that no mentor will be assigned to 

mentor so many children that the assignment will undermine the mentor’s ability to be an effective mentor or the 

mentor’s ability to establish a close relationship (a one-toone relationship, where practicable) with each mentored 

child; 

ø(E) an assurance that the mentoring program will provide children with a variety of experiences and support, including— 

ø(i) emotional support; 

ø(ii) academic assistance; and 

ø(iii) exposure to experiences that the children 

might not otherwise encounter on their own; 


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ø(F) an assurance that the mentoring program will be 

monitored to ensure that each child assigned a mentor 

benefits from that assignment and that the child will be 

assigned a new mentor if the relationship between the 

original mentor and the child is not beneficial to the child; 

ø(G) information regarding how mentors and children 

will be recruited to the mentoring program; 

ø(H) information regarding how prospective mentors will 

be screened; 

ø(I) information on the training that will be provided to 

mentors; and 

ø(J) information on the system that the eligible entity 

will use to manage and monitor information relating to the 

mentoring program’s— 

ø(i) reference checks; 

ø(ii) child and domestic abuse record checks; 

ø(iii) criminal background checks; and 

ø(iv) procedure for matching children with mentors. 

ø(5) SELECTION.— 

ø(A) COMPETITIVE BASIS.—In accordance with this subsection, the Secretary shall award grants to eligible entities on a competitive basis. 

ø(B) PRIORITY.—In awarding grants under subparagraph 

(A), the Secretary shall give priority to each eligible entity 

that— 

ø(i) serves children with greatest need living in 

rural areas, high-crime areas, or troubled home environments, or who attend schools with violence problems; 

ø(ii) provides high quality background screening of 

mentors, training of mentors, and technical assistance 

in carrying out mentoring programs; or 

ø(iii) proposes a school-based mentoring program. 

ø(C) OTHER CONSIDERATIONS.—In awarding grants 

under subparagraph (A), the Secretary shall also consider— 

ø(i) the degree to which the location of the mentoring program proposed by each eligible entity contributes to a fair distribution of mentoring programs 

with respect to urban and rural locations; 

ø(ii) the quality of the mentoring program proposed 

by each eligible entity, including— 

ø(I) the resources, if any, the eligible entity will 

dedicate to providing children with opportunities 

for job training or postsecondary education; 

ø(II) the degree to which parents, teachers, community-based organizations, and the local community have participated, or will participate, in the 

design and implementation of the proposed mentoring program; 

ø(III) the degree to which the eligible entity can 

ensure that mentors will develop longstanding relationships with the children they mentor; 


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ø(IV) the degree to which the mentoring program will serve children with greatest need in the 

4th through 8th grades; and 

ø(V) the degree to which the mentoring program 

will continue to serve children from the 9th grade 

through graduation from secondary school, as 

needed; and 

ø(iii) the capability of each eligible entity to effectively implement its mentoring program. 

ø(D) GRANT TO EACH STATE.—Notwithstanding any other 

provision of this subsection, in awarding grants under subparagraph (A), the Secretary shall select not less than one 

grant recipient from each State for which there is an eligible entity that submits an application of sufficient quality 

pursuant to paragraph (4). 

ø(6) MODEL SCREENING GUIDELINES.— 

ø(A) IN GENERAL.—Based on model screening guidelines 

developed by the Office of Juvenile Programs of the Department of Justice, the Secretary shall develop and distribute to each eligible entity awarded a grant under this 

section specific model guidelines for the screening of mentors who seek to participate in mentoring programs assisted under this section. 

ø(B) BACKGROUND CHECKS.—The guidelines developed 

under this subsection shall include, at a minimum, a requirement that potential mentors be subject to reference 

checks, child and domestic abuse record checks, and criminal background checks. 

øSubpart 3—Gun Possession 

øSEC. 4141. GUN-FREE REQUIREMENTS. 

ø(a) SHORT TITLE.—This subpart may be cited as the ‘‘Gun-Free 

Schools Act’’. 

ø(b) REQUIREMENTS.— 

ø(1) IN GENERAL.—Each State receiving Federal funds under 

any title of this Act shall have in effect a State law requiring 

local educational agencies to expel from school for a period of 

not less than 1 year a student who is determined to have 

brought a firearm to a school, or to have possessed a firearm 

at a school, under the jurisdiction of local educational agencies 

in that State, except that such State law shall allow the chief 

administering officer of a local educational agency to modify 

such expulsion requirement for a student on a case-by-case 

basis if such modification is in writing. 

ø(2) CONSTRUCTION.—Nothing in this subpart shall be construed to prevent a State from allowing a local educational 

agency that has expelled a student from such a student’s regular school setting from providing educational services to such 

student in an alternative setting. 

ø(3) DEFINITION.—For the purpose of this section, the term 

‘‘firearm’’ has the same meaning given such term in section 

921(a) of title 18, United States Code. 


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ø(c) SPECIAL RULE.—The provisions of this section shall be construed in a manner consistent with the Individuals with Disabilities Education Act. 

ø(d) REPORT TO STATE.—Each local educational agency requesting assistance from the State educational agency that is to be provided from funds made available to the State under any title of this 

Act shall provide to the State, in the application requesting such 

assistance— 

ø(1) an assurance that such local educational agency is in 

compliance with the State law required by subsection (b); and 

ø(2) a description of the circumstances surrounding any expulsions imposed under the State law required by subsection 

(b), including— 

ø(A) the name of the school concerned; 

ø(B) the number of students expelled from such school; 

and 

ø(C) the type of firearms concerned. 

ø(e) REPORTING.—Each State shall report the information described in subsection (d) to the Secretary on an annual basis. 

ø(f) DEFINITION.—For the purpose of subsection (d), the term 

‘‘school’’ means any setting that is under the control and supervision of the local educational agency for the purpose of student activities approved and authorized by the local educational agency. 

ø(g) EXCEPTION.—Nothing in this section shall apply to a firearm 

that is lawfully stored inside a locked vehicle on school property, 

or if it is for activities approved and authorized by the local educational agency and the local educational agency adopts appropriate safeguards to ensure student safety. 

ø(h) POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.— ø(1) IN GENERAL.—No funds shall be made available under 

any title of this Act to any local educational agency unless such 

agency has a policy requiring referral to the criminal justice or 

juvenile delinquency system of any student who brings a firearm or weapon to a school served by such agency. 

ø(2) DEFINITION.—For the purpose of this subsection, the 

term ‘‘school’’ has the same meaning given to such term by section 921(a) of title 18, United States Code. 

øSubpart 4—General Provisions 

øSEC. 4151. DEFINITIONS. 

øIn this part: 

ø(1) CONTROLLED SUBSTANCE.—The term ‘‘controlled substance’’ means a drug or other substance identified under 

Schedule I, II, III, IV, or V in section 202(c) of the Controlled 

Substances Act (21 U.S.C. 812(c)). 

ø(2) DRUG.—The term ‘‘drug’’ includes controlled substances; 

the illegal use of alcohol and tobacco; and the harmful, abusive, 

or addictive use of substances, including inhalants and anabolic steroids. 

ø(3) DRUG AND VIOLENCE PREVENTION.—The term ‘‘drug and 

violence prevention’’ means— 

ø(A) with respect to drugs, prevention, early intervention, rehabilitation referral, or education related to the illegal use of drugs; 


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ø(B) with respect to violence, the promotion of school 

safety, such that students and school personnel are free 

from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school premises, going to and from 

school, and at school-sponsored activities, through the creation and maintenance of a school environment that is free 

of weapons and fosters individual responsibility and respect for the rights of others. 

ø(4) HATE CRIME.—The term ‘‘hate crime’’ means a crime as 

described in section 1(b) of the Hate Crime Statistics Act of 

1990. 

ø(5) NONPROFIT.—The term ‘‘nonprofit’’, as applied to a 

school, agency, organization, or institution means a school, 

agency, organization, or institution owned and operated by one 

or more nonprofit corporations or associations, no part of the 

net earnings of which inures, or may lawfully inure, to the 

benefit of any private shareholder or individual. 

ø(6) PROTECTIVE FACTOR, BUFFER, OR ASSET.—The terms 

‘‘protective factor’’, ‘‘buffer’’, and ‘‘asset’’ mean any one of a 

number of the community, school, family, or peer-individual domains that are known, through prospective, longitudinal research efforts, or which are grounded in a well-established theoretical model of prevention, and have been shown to prevent 

alcohol, tobacco, or illegal drug use, as well as violent behavior, 

by youth in the community, and which promote positive youth 

development. 

ø(7) RISK FACTOR.—The term ‘‘risk factor’’ means any one of 

a number of characteristics of the community, school, family, 

or peer-individual domains that are known, through prospective, longitudinal research efforts, to be predictive of alcohol, 

tobacco, and illegal drug use, as well as violent behavior, by 

youth in the school and community. 

ø(8) SCHOOL-AGED POPULATION.—The term ‘‘school-aged population’’ means the population aged five through 17, as determined by the Secretary on the basis of the most recent satisfactory data available from the Department of Commerce. 

ø(9) SCHOOL BASED MENTAL HEALTH SERVICES PROVIDER.— 

The term ‘‘school based mental health services provider’’ includes a State licensed or State certified school counselor, 

school psychologist, school social worker, or other State licensed or certified mental health professional qualified under 

State law to provide such services to children and adolescents. 

ø(10) SCHOOL PERSONNEL.—The term ‘‘school personnel’’ includes teachers, principals, administrators, counselors, social 

workers, psychologists, nurses, librarians, and other support 

staff who are employed by a school or who perform services for 

the school on a contractual basis. 

ø(11) SCHOOL RESOURCE OFFICER.—The term ‘‘school resource officer’’ means a career law enforcement officer, with 

sworn authority, deployed in community oriented policing, and 

assigned by the employing police department to a local educational agency to work in collaboration with schools and community based organizations to— 


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ø(A) educate students in crime and illegal drug use prevention and safety; 

ø(B) develop or expand community justice initiatives for 

students; and 

ø(C) train students in conflict resolution, restorative justice, and crime and illegal drug use awareness. 

øSEC. 4152. MESSAGE AND MATERIALS. 

ø(a) ‘‘WRONG AND HARMFUL’’ MESSAGE.—Drug and violence prevention programs supported under this part shall convey a clear 

and consistent message that the illegal use of drugs and acts of violence are wrong and harmful. 

ø(b) CURRICULUM.—The Secretary shall not prescribe the use of 

specific curricula for programs supported under this part. 

øSEC. 4153. PARENTAL CONSENT. 

øUpon receipt of written notification from the parents or legal 

guardians of a student, the local educational agency shall withdraw 

such student from any program or activity funded under this part. 

The local educational agency shall make reasonable efforts to inform parents or legal guardians of the content of such programs or 

activities funded under this part, other than classroom instruction. 

øSEC. 4154. PROHIBITED USES OF FUNDS. 

øNo funds under this part may be used for— 

ø(1) construction (except for minor remodeling needed to accomplish the purposes of this part); or 

ø(2) medical services, drug treatment or rehabilitation, except for pupil services or referral to treatment for students who 

are victims of, or witnesses to, crime or who illegally use drugs. 

øSEC. 4155. TRANSFER OF SCHOOL DISCIPLINARY RECORDS. 

ø(a) NONAPPLICATION OF PROVISIONS.—This section shall not 

apply to any disciplinary records with respect to a suspension or 

expulsion that are transferred from a private, parochial or other 

nonpublic school, person, institution, or other entity, that provides 

education below the college level. 

ø(b) DISCIPLINARY RECORDS.—In accordance with the Family 

Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), not 

later than 2 years after the date of enactment of this part, each 

State receiving Federal funds under this Act shall provide an assurance to the Secretary that the State has a procedure in place 

to facilitate the transfer of disciplinary records, with respect to a 

suspension or expulsion, by local educational agencies to any private or public elementary school or secondary school for any student who is enrolled or seeks, intends, or is instructed to enroll, on 

a full- or part-time basis, in the school. 

øPART B—21ST CENTURY COMMUNITY 

LEARNING CENTERS 

øSEC. 4201. PURPOSE; DEFINITIONS. 

ø(a) PURPOSE.—The purpose of this part is to provide opportunities for communities to establish or expand activities in community 

learning centers that— 

ø(1) provide opportunities for academic enrichment, including providing tutorial services to help students, particularly 


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students who attend low-performing schools, to meet State and 

local student academic achievement standards in core academic subjects, such as reading and mathematics; 

ø(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 

ø(3) offer families of students served by community learning 

centers opportunities for literacy and related educational development. 

ø(b) DEFINITIONS.—In this part: 

ø(1) COMMUNITY LEARNING CENTER.—The term ‘‘community 

learning center’’ means an entity that— 

ø(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 

ø(B) offers families of students served by such center opportunities for literacy and related educational development. 

ø(2) COVERED PROGRAM.—The term ‘‘covered program’’ 

means a program for which— 

ø(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 

ø(B) the grant period had not ended on that date of enactment. 

ø(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. 

ø(4) STATE.—The term ‘‘State’’ means each of the 50 States, 

the District of Columbia, and the Commonwealth of Puerto 

Rico. 

øSEC. 4202. ALLOTMENTS TO STATES. 

ø(a) RESERVATION.—From the funds appropriated under section 

4206 for any fiscal year, the Secretary shall reserve— 

ø(1) such amount as may be necessary to make continuation 

awards to grant recipients under covered programs (under the 

terms of those grants); 

ø(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 


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ø(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. 

ø(b) STATE ALLOTMENTS.— 

ø(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. 

ø(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. 

ø(c) STATE USE OF FUNDS.— 

ø(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. 

ø(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— 

ø(A) the administrative costs of carrying out its responsibilities under this part; 

ø(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). 

ø(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: 

ø(A) Monitoring and evaluation of programs and activities assisted under this part. 

ø(B) Providing capacity building, training, and technical 

assistance under this part. 

ø(C) Comprehensive evaluation (directly, or through a 

grant or contract) of the effectiveness of programs and activities assisted under this part. 

ø(D) Providing training and technical assistance to eligible entities who are applicants for or recipients of awards 

under this part. 


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øSEC. 4203. STATE APPLICATION. 

ø(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— 

ø(1) designates the State educational agency as the agency 

responsible for the administration and supervision of programs 

assisted under this part; 

ø(2) describes how the State educational agency will use 

funds received under this part, including funds reserved for 

State-level activities; 

ø(3) contains an assurance that the State educational agency 

will make awards under this part only to eligible entities that 

propose to serve— 

ø(A) students who primarily attend— 

ø(i) schools eligible for schoolwide programs under 

section 1114; or 

ø(ii) schools that serve a high percentage of students 

from low-income families; and 

ø(B) the families of students described in subparagraph 

(A); 

ø(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; 

ø(5) describes how the State educational agency will ensure 

that awards made under this part are— 

ø(A) of sufficient size and scope to support high-quality, 

effective programs that are consistent with the purpose of 

this part; and 

ø(B) in amounts that are consistent with section 4204(h); 

ø(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; 

ø(7) describes how programs under this part will be coordinated with programs under this Act, and other programs as 

appropriate; 

ø(8) contains an assurance that the State educational agency— 

ø(A) will make awards for programs for a period of not 

less than 3 years and not more than 5 years; and 

ø(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; 

ø(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; 

ø(10) contains an assurance that the State educational agency will require eligible entities to describe in their applications 


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under section 4204(b) how the transportation needs of participating students will be addressed; 

ø(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; 

ø(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; 

ø(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— 

ø(A) a description of the performance indicators and performance measures that will be used to evaluate programs 

and activities; and 

ø(B) public dissemination of the evaluations of programs 

and activities carried out under this part; and 

ø(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. 

ø(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. 

ø(c) DISAPPROVAL.—The Secretary shall not finally disapprove 

the application, except after giving the State educational agency 

notice and opportunity for a hearing. 

ø(d) NOTIFICATION.—If the Secretary finds that the application is 

not in compliance, in whole or in part, with this part, the Secretary 

shall— 

ø(1) give the State educational agency notice and an opportunity for a hearing; and 

ø(2) notify the State educational agency of the finding of noncompliance, and, in such notification, shall— 

ø(A) cite the specific provisions in the application that 

are not in compliance; and 

ø(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. 

ø(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— 

ø(1) the expiration of the 45-day period beginning on the 

date on which the application is resubmitted; or 

ø(2) the expiration of the 120-day period described in subsection (b). 


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ø(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. 

øSEC. 4204. LOCAL COMPETITIVE GRANT PROGRAM. 

ø(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. 

ø(b) APPLICATION.— 

ø(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. 

ø(2) CONTENTS.—Each application submitted under paragraph (1) shall include— 

ø(A) a description of the before and after school or summer recess activities to be funded, including— 

ø(i) an assurance that the program will take place 

in a safe and easily accessible facility; 

ø(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 

ø(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; 

ø(B) a description of how the activity is expected to improve student academic achievement; 

ø(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; 

ø(D) an assurance that the proposed program was developed, and will be carried out, in active collaboration with 

the schools the students attend; 

ø(E) a description of how the activities will meet the 

principles of effectiveness described in section 4205(b); 

ø(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; 

ø(G) an assurance that funds under this part will be 

used to increase the level of State, local, and other nonFederal 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; 

ø(H) a description of the partnership between a local 

educational agency, a community-based organization, and 

another public entity or private entity, if appropriate; 


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ø(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); 

ø(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; 

ø(K) a description of a preliminary plan for how the community learning center will continue after funding under 

this part ends; 

ø(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; 

ø(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 

ø(N) such other information and assurances as the State 

educational agency may reasonably require. 

ø(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. 

ø(d) PERMISSIVE LOCAL MATCH.— 

ø(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. 

ø(2) SLIDING SCALE.—The amount of a match under paragraph (1) shall be established based on a sliding fee scale that 

takes into account— 

ø(A) the relative poverty of the population to be targeted 

by the eligible entity; and 

ø(B) the ability of the eligible entity to obtain such 

matching funds. 

ø(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. 

ø(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. 

ø(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. 


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ø(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. 

ø(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. 

ø(h) AMOUNT OF AWARDS.—A grant awarded under this part may not be made in an amount that is less than $50,000. 

ø(i) PRIORITY.— ø(1) IN GENERAL.—In awarding grants under this part, a 

State educational agency shall give priority to applications— 

ø(A) proposing to target services to students who attend 

schools that have been identified as in need of improvement under section 1116; and 

ø(B) submitted jointly by eligible entities consisting of 

not less than 1— 

ø(i) local educational agency receiving funds under 

part A of title I; and 

ø(ii) community-based organization or other public 

or private entity. 

ø(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. 

øSEC. 4205. LOCAL ACTIVITIES. 

ø(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— 

ø(1) remedial education activities and academic enrichment 

learning programs, including providing additional assistance to 

students to allow the students to improve their academic 

achievement; 

ø(2) mathematics and science education activities; 

ø(3) arts and music education activities; 

ø(4) entrepreneurial education programs; 

ø(5) tutoring services (including those provided by senior citizen volunteers) and mentoring programs; 

ø(6) programs that provide after school activities for limited 

English proficient students that emphasize language skills and 

academic achievement; 

ø(7) recreational activities; 

ø(8) telecommunications and technology education programs; 

ø(9) expanded library service hours; 

ø(10) programs that promote parental involvement and family literacy; 

ø(11) programs that provide assistance to students who have 

been truant, suspended, or expelled to allow the students to 

improve their academic achievement; and 

ø(12) drug and violence prevention programs, counseling programs, and character education programs. 


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ø(b) PRINCIPLES OF EFFECTIVENESS.— ø(1) IN GENERAL.—For a program or activity developed pursuant to this part to meet the principles of effectiveness, such 

program or activity shall— 

ø(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; 

ø(B) be based upon an established set of performance 

measures aimed at ensuring the availability of high quality academic enrichment opportunities; and 

ø(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. 

ø(2) PERIODIC EVALUATION.— 

ø(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. 

ø(B) USE OF RESULTS.—The results of evaluations under 

subparagraph (A) shall be— 

ø(i) used to refine, improve, and strengthen the program or activity, and to refine the performance measures; and 

ø(ii) made available to the public upon request, with 

public notice of such availability provided. 

øSEC. 4206. AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated— 

ø(1) $1,250,000,000 for fiscal year 2002; 

ø(2) $1,500,000,000 for fiscal year 2003; 

ø(3) $1,750,000,000 for fiscal year 2004; 

ø(4) $2,000,000,000 for fiscal year 2005; 

ø(5) $2,250,000,000 for fiscal year 2006; and 

ø(6) $2,500,000,000 for fiscal year 2007. 

øPART C—ENVIRONMENTAL TOBACCO SMOKE 

øSEC. 4301. SHORT TITLE. 

øThis part may be cited as the ‘‘Pro-Children Act of 2001’’. 

øSEC. 4302. DEFINITIONS. 

øAs used in this part: 

ø(1) CHILDREN.—The term ‘‘children’’ means individuals who 

have not attained the age of 18. 

ø(2) CHILDREN’S SERVICES.—The term ‘‘children’s services’’ 

means the provision on a routine or regular basis of health, 

day care, education, or library services— 

ø(A) that are funded, after the date of enactment of the 

No Child Left Behind Act of 2001, directly by the Federal 

Government or through State or local governments, by 

Federal grant, loan, loan guarantee, or contract programs— 

ø(i) administered by either the Secretary of Health 

and Human Services or the Secretary of Education 


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(other than services provided and funded solely under 

titles XVIII and XIX of the Social Security Act); or 

ø(ii) administered by the Secretary of Agriculture in 

the case of a clinic (as defined in part 246.2 of title 7, 

Code of Federal Regulations (or any corresponding 

similar regulation or ruling)) under section 17(b)(6) of 

the Child Nutrition Act of 1966; or 

ø(B) that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds, 

as determined by the appropriate head of a Federal agency 

in any enforcement action carried out under this part, 

except that nothing in clause (ii) of subparagraph (A) is intended to include facilities (other than clinics) where coupons 

are redeemed under the Child Nutrition Act of 1966. 

ø(3) INDOOR FACILITY.—The term ‘‘indoor facility’’ means a 

building that is enclosed. 

ø(4) PERSON.—The term ‘‘person’’ means any State or local 

subdivision of a State, agency of such State or subdivision, corporation, or partnership that owns or operates or otherwise 

controls and provides children’s services or any individual who 

owns or operates or otherwise controls and provides such services. 

ø(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Health and Human Services. 

øSEC. 4303. NONSMOKING POLICY FOR CHILDREN’S SERVICES. 

ø(a) PROHIBITION.—After the date of enactment of the No Child 

Left Behind Act of 2001, no person shall permit smoking within 

any indoor facility owned or leased or contracted for, and utilized, 

by such person for provision of routine or regular kindergarten, elementary, or secondary education or library services to children. 

ø(b) ADDITIONAL PROHIBITION.— ø(1) IN GENERAL.—After the date of enactment of the No 

Child Left Behind Act of 2001, no person shall permit smoking 

within any indoor facility (or portion of such a facility) owned 

or leased or contracted for, and utilized by, such person for the 

provision of regular or routine health care or day care or early 

childhood development (Head Start) services. 

ø(2) EXCEPTION.—Paragraph (1) shall not apply to— 

ø(A) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or 

addicted to, drugs or alcohol; and 

ø(B) any private residence. 

ø(c) FEDERAL AGENCIES.— 

ø(1) KINDERGARTEN, ELEMENTARY, OR SECONDARY 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. 

ø(2) HEALTH OR DAY CARE OR EARLY CHILDHOOD DEVELOPMENT SERVICES.— 

ø(A) IN GENERAL.—After the date of enactment of the No 

Child Left Behind Act of 2001, no Federal agency shall 

permit smoking within any indoor facility (or portion of 


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such facility) operated by such agency, directly or by contract, to provide routine or regular health or day care or 

early childhood development (Head Start) services to children. 

ø(B) EXCEPTION.—Subparagraph (A) shall not apply to— 

ø(i) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, 

or addicted to, drugs or alcohol; and 

ø(ii) any private residence. 

ø(3) APPLICATION OF PROVISIONS.—The provisions of paragraph (2) shall also apply to the provision of such routine or 

regular kindergarten, elementary or secondary education or library services in the facilities described in paragraph (2) not 

subject to paragraph (1). 

ø(d) NOTICE.—The prohibitions in subsections (a) through (c) 

shall be published in a notice in the Federal Register by the Secretary (in consultation with the heads of other affected agencies) 

and by such agency heads in funding arrangements involving the 

provision of children’s services administered by such heads. Such 

prohibitions shall be effective 90 days after such notice is published, or 270 days after the date of enactment of the No Child Left 

Behind Act of 2001, whichever occurs first. 

ø(e) CIVIL PENALTIES.— ø(1) IN GENERAL.—Any failure to comply with a prohibition 

in this section shall be considered to be a violation of this section and any person subject to such prohibition who commits 

such violation may be liable to the United States for a civil 

penalty in an amount not to exceed $1,000 for each violation, 

or may be subject to an administrative compliance order, or 

both, as determined by the Secretary. Each day a violation continues shall constitute a separate violation. In the case of any 

civil penalty assessed under this section, the total amount 

shall not exceed 50 percent of the amount of Federal funds received under any title of this Act by such person for the fiscal 

year in which the continuing violation occurred. For the purpose of the prohibition in subsection (c), the term ‘‘person’’, as 

used in this paragraph, shall mean the head of the applicable 

Federal agency or the contractor of such agency providing the 

services to children. 

ø(2) ADMINISTRATIVE PROCEEDING.—A civil penalty may be 

assessed in a written notice, or an administrative compliance 

order may be issued under paragraph (1), by the Secretary 

only after an opportunity for a hearing in accordance with section 554 of title 5, United States Code. Before making such assessment or issuing such order, or both, the Secretary shall 

give written notice of the assessment or order to such person 

by certified mail with return receipt and provide information 

in the notice of an opportunity to request in writing, not later 

than 30 days after the date of receipt of such notice, such hearing. The notice shall reasonably describe the violation and be 

accompanied with the procedures for such hearing and a simple form that may be used to request such hearing if such person desires to use such form. If a hearing is requested, the Secretary shall establish by such certified notice the time and 

place for such hearing, which shall be located, to the greatest 


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extent possible, at a location convenient to such person. The 

Secretary (or the Secretary’s designee) and such person may 

consult to arrange a suitable date and location where appropriate. 

ø(3) CIRCUMSTANCES AFFECTING PENALTY OR ORDER.—In determining the amount of the civil penalty or the nature of the 

administrative compliance order, the Secretary shall take into 

account, as appropriate— 

ø(A) the nature, circumstances, extent, and gravity of 

the violation; 

ø(B) with respect to the violator, any good faith efforts 

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. 

ø(4) MODIFICATION.—The Secretary may, as appropriate, 

compromise, modify, or remit, with or without conditions, any 

civil penalty or administrative compliance order. In the case of 

a civil penalty, the amount, as finally determined by the Secretary or agreed upon in compromise, may be deducted from 

any sums that the United States or the agencies or instrumentalities of the United States owe to the person against whom 

the penalty is assessed. 

ø(5) PETITION FOR REVIEW.—Any person aggrieved by a penalty assessed or an order issued, or both, by the Secretary 

under this section may file a petition for judicial review of the 

order with the United States Court of Appeals for the District 

of Columbia Circuit or for any other circuit in which the person 

resides or transacts business. Such person shall provide a copy 

of the petition to the Secretary or the Secretary’s designee. The 

petition shall be filed within 30 days after the Secretary’s assessment or order, or both, are final and have been provided 

to such person by certified mail. The Secretary shall promptly 

provide to the court a certified copy of the transcript of any 

hearing held under this section and a copy of the notice or 

order. 

ø(6) FAILURE TO COMPLY.—If a person fails to pay an assessment of a civil penalty or comply with an order, after the assessment or order, or both, are final under this section, or after 

a court has entered a final judgment under paragraph (5) in 

favor of the Secretary, the Attorney General, at the request of 

the Secretary, shall recover the amount of the civil penalty 

(plus interest at prevailing rates from the day the assessment 

or order, or both, are final) or enforce the order in an action 

brought in the appropriate district court of the United States. 

In such action, the validity and appropriateness of the penalty 

or order or the amount of the penalty shall not be subject to 

review. 

øSEC. 4304. PREEMPTION. 

øNothing in this part is intended to preempt any provision of law 

of a State or political subdivision of a State that is more restrictive 

than a provision of this part.¿ 


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TITLE øVIII¿ IV—IMPACT AID 

SEC. ø8001.¿ 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 øchallenging State standards¿ State academic standards, it is the purpose of this title to provide financial assistance 

to local educational agencies that— 

(1) * * * 

* * * * * * * 

SEC. ø8002.¿ 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, ø2003¿ 2018— 

(1) that the United States owns Federal property in the local 

educational agency, and that such property— 

(A) * * * 

* * * * * * * 

ø(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 reVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00298 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

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ceipt 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 øsection 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 øsection 8003(b)¿ section 4003(b), exceeds the 

maximum amount that such agency is eligible to receive for 

such fiscal year under øsection 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. 

ø(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. 

ø(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 


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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). 

* * * * * * * 

ø(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). 

ø(2) For each fiscal year beginning with fiscal year 1999, the 

Secretary shall treat the Webster School District, Day County, 


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South Dakota as meeting the eligibility requirements of subsection (a)(1)(C) of this section. 

ø(3) For each fiscal year beginning with fiscal year 2000, the 

Secretary shall treat the Central Union, California; Island, 

California; Hill City, South Dakota; and Wall, South Dakota 

local educational agencies as meeting the eligibility requirements of subsection (a)(1)(C) of this section. 

ø(4) For the purposes of payments under this section for each 

fiscal year beginning with fiscal year 2000, the Secretary shall 

treat the Hot Springs, South Dakota local educational agency 

as if it had filed a timely application under section 8002 of the 

Elementary and Secondary Education Act of 1965 for fiscal 

year 1994 if the Secretary has received the fiscal year 1994 application, as well as Exhibits A and B not later than December 

1, 1999. 

ø(5) For purposes of payments under this section for each fiscal year beginning with fiscal year 2000, the Secretary shall 

treat the Hueneme, California local educational agency as if it 

had filed a timely application under section 8002 of the Elementary and Secondary Education Act of 1965 if the Secretary 

has received the fiscal year 1995 application not later than December 1, 1999. 

ø(g) FORMER DISTRICTS.— ø(1) IN GENERAL.—Where the school district of any local educational agency described in paragraph (2) is formed at any 

time after 1938 by the consolidation of two or more former 

school districts, such agency may elect (at any time such agency files an application under section 8005) for any fiscal year 

after fiscal year 1994 to have (A) the eligibility of such local 

educational agency, and (B) the amount which such agency 

shall be eligible to receive, determined under this section only 

with respect to such of the former school districts comprising 

such consolidated school districts as such agency shall designate in such election. 

ø(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local educational agency referred to in paragraph (1) is any local educational agency that, for fiscal year 1994 or any preceding 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. 


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(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 øsection 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: 

ø(1) FOUNDATION PAYMENTS FOR PRE-1995 RECIPIENTS.— 

ø(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. 

ø(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 enVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00302 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

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titlement amount under such section 2 for the most recent 

fiscal year preceding 1994). 

ø(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. 

ø(2) PAYMENTS FOR 1995 RECIPIENTS.— ø(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. 

ø(B) AMOUNT.—The amount of a payment under subparagraph (A) for a local educational agency shall be determined as follows: 

ø(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. 

ø(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. 

ø(iii) Multiply the percentage share described in 

clause (ii) for the local educational agency by the 

amount determined under clause (i). 

ø(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). 

ø(4) REMAINING FUNDS.—From any funds remaining after 

making payments under paragraphs (1), (2), and (3) for the fiscal year involved— 

ø(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 

ø(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 


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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— 


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(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). 

ø(i) SPECIAL PAYMENTS.— ø(1) IN GENERAL.—For any fiscal year beginning with fiscal 

year 2000 for which the amount appropriated to carry out this 

section exceeds the amount so appropriated for fiscal year 1996 

and for which subsection (b)(1)(B) applies, the Secretary shall 

use the remainder described in subsection (h)(3) for the fiscal 

year involved (not to exceed the amount equal to the difference 

between (A) the amount appropriated to carry out this section 

for fiscal year 1997 and (B) the amount appropriated to carry 

out this section for fiscal year 1996) to increase the payment 

that would otherwise be made under this section to not more 

than 50 percent of the maximum amount determined under 

subsection (b) for any local educational agency described in 

paragraph (2). 

ø(2) LOCAL EDUCATIONAL AGENCY DESCRIBED.—A local educational agency described in this paragraph is a local educational agency that— 

ø(A) received a payment under this section for fiscal 

year 1996; 

ø(B) serves a school district that contains all or a portion 

of a United States military academy; 

ø(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 

ø(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. 

ø(k) SPECIAL RULE.—For purposes of payments under this section 

for each fiscal year beginning with fiscal year 1998— 

ø(1) the Secretary shall, for the Stanley County, South Dakota local educational agency, calculate payments as if subsection (e) had been in effect for fiscal year 1994; and 

ø(2) the Secretary shall treat the Delaware Valley, Pennsylvania local educational agency as if it had filed a timely application under section 2 of Public Law 81–874 for fiscal year 

1994.¿ 

ø(l)¿ (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 ø(h)(4)(B)¿ (h)(2) of 

this section for a fiscal year, and in calculating the amount of such 

payment, the Secretary— 

(1) * * * 

* * * * * * * 

ø(m) ELIGIBILITY.— ø(1) OLD FEDERAL PROPERTY.—Except as provided in paragraph (2), a local educational agency that is eligible to receive 


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a payment under this section for Federal property acquired by 

the Federal Government, before the date of the enactment of 

the Impact Aid Reauthorization Act of 2000, shall be eligible 

to receive the payment only if the local educational agency submits an application for a payment under this section not later 

than 7 years after the date of the enactment of such Act. 

ø(2) COMBINED FEDERAL PROPERTY.—A local educational 

agency that is eligible to receive a payment under this section 

for Federal property acquired by the Federal Government before the date of the enactment of the Impact Aid Reauthorization Act of 2000 shall be eligible to receive the payment if— 

ø(A) the Federal property, when combined with other 

Federal property in the school district served by the local 

educational agency acquired by the Federal Government 

after the date of the enactment of such Act, meets the requirements of subsection (a); and 

ø(B) the local educational agency submits an application 

for a payment under this section not later than 7 years 

after the date of acquisition of the Federal property acquired after the date of the enactment of such Act. 

ø(3) NEW FEDERAL PROPERTY.—A local educational agency 

that is eligible to receive a payment under this section for Federal property acquired by the Federal Government after the 

date of the enactment of the Impact Aid Reauthorization Act 

of 2000 shall be eligible to receive the payment only if the local 

educational agency submits an application for a payment 

under this section not later than 7 years after the date of acquisition.¿ 

ø(n)¿ (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 ø8013(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. ø8003.¿ 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 proVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00306 Fmt 6659 Sfmt 6602 E:\HR\OC\HR459P1.XXX HR459P1

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vided free public education, during the preceding school year 

and who, while in attendance at such schools— 

(A) 

* * * 

* * * * * * * 

(4) MILITARY INSTALLATION AND INDIAN HOUSING UNDER- GOING RENOVATION øOR REBUILDING¿, REBUILDING, OR AUTHOR- IZED 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 øor 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 øor 

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 øor 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 ø3 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 øor 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 


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that housing upon completion of the renovation øor 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 øor 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 ø3 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 øor 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 øor 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 offbase 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 

øsection 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). 

* * * * * * * 

ø(E) SPECIAL RULE.—For purposes of determining the 

comparable local contribution rate under subparagraph 


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(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 øsection 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 øCONTINUING¿ HEAVILY IMPACTED

LOCAL EDUCATIONAL AGENCIES.— ø(i) IN GENERAL.—A heavily impacted local educational agency is eligible to receive a basic support 

payment under subparagraph (A) with respect to a 

number of children determined under subsection (a)(1) 

if the agency— 

ø(I) received an additional assistance payment 

under subsection (f) (as such subsection was in effect on the day before the date of the enactment 

of the Impact Aid Reauthorization Act of 2000) for 

fiscal year 2000; and 

ø(II)(aa) is a local educational agency whose 

boundaries are the same as a Federal military installation; 

ø(bb) has an enrollment of children described in 

subsection (a)(1) that constitutes a percentage of 

the total student enrollment of the agency which 

is not less than 35 percent, has a per-pupil expenditure that is less than the average per-pupil 

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cated or the average per-pupil expenditure of all 

States (whichever average per-pupil expenditure 

is greater), except that a local educational agency 

with a total student enrollment of less than 350 

students shall be deemed to have satisfied such 

per-pupil expenditure requirement, and has a tax 

rate for general fund purposes which is not less 

than 95 percent of the average tax rate for general 

fund purposes of local educational agencies in the 

State; 

ø(cc) has an enrollment of children described in 

subsection (a)(1) that constitutes a percentage of 

the total student enrollment of the agency which 

is not less than 30 percent, and has a tax rate for 

general fund purposes which is not less than 125 

percent of the average tax rate for general fund 

purposes for comparable local educational agencies in the State; 

ø(dd) has a total student enrollment of not less 

than 25,000 students, of which not less than 50 

percent are children described in subsection (a)(1) 

and not less than 6,000 of such children are children described in subparagraphs (A) and (B) of 

subsection (a)(1); or 

ø(ee) meets the requirements of subsection (f)(2) 

applying the data requirements of subsection (f)(4) 

(as such subsections were in effect on the day before the date of the enactment of the Impact Aid 

Reauthorization Act of 2000).¿ 

(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 


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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.—øA heavily¿ 


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(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 GEN- ERAL 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. 

* * * * * * * 

ø(C) ELIGIBILITY FOR NEW HEAVILY IMPACTED LOCAL EDU- CATIONAL AGENCIES.— ø(i) IN GENERAL.—A heavily impacted local educational agency that did not receive an additional assistance payment under subsection (f) (as such subsection was in effect on the day before the date of the 

enactment of the Impact Aid Reauthorization Act of 

2000) for fiscal year 2000 is eligible to receive a basic 

support payment under subparagraph (A) for fiscal 

year 2002 and any subsequent fiscal year with respect 

to a number of children determined under subsection 

(a)(1) only if the agency is a local educational agency 

whose boundaries are the same as a Federal military 

installation (or if the agency is a qualified local educational agency as described in clause (iv)), or the 

agency— 

ø(I) has an enrollment of children described in 

subsection (a)(1) that constitutes a percentage of 

the total student enrollment of the agency that— 

ø(aa) is not less than 50 percent if such 

agency receives a payment on behalf of children described in subparagraphs (F) and (G) 

of such subsection; or 

ø(bb) is not less than 40 percent if such 

agency does not receive a payment on behalf 

of such children; 

ø(II)(aa) for a local educational agency that has 

a total student enrollment of 350 or more students, has a per-pupil expenditure that is less 

than the average per-pupil expenditure of the 

State in which the agency is located; or 

ø(bb) for a local educational agency that has a 

total student enrollment of less than 350 students, 


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has a per-pupil expenditure that is less than the 

average per-pupil expenditure of a comparable 

local education agency or three comparable local 

educational agencies in the State in which the 

local educational agency is located; and 

ø(III) has a tax rate for general fund purposes 

that is at least 95 percent of the average tax rate 

for general fund purposes of comparable local educational agencies in the State. 

ø(ii) RESUMPTION OF ELIGIBILITY.—A heavily impacted local educational agency described in clause (i) 

that becomes ineligible under such clause for 1 or 

more fiscal years may resume eligibility for a basic 

support payment under this paragraph for a subsequent fiscal year only if the agency is a local educational agency whose boundaries are the same as a 

Federal military installation (or if the agency is a 

qualified local educational agency as described in 

clause (iv)), or meets the requirements of clause (i), for 

that subsequent fiscal year, except that such agency 

shall continue to receive a basic support payment 

under this paragraph for the fiscal year for which the 

ineligibility determination is made. 

ø(iii) APPLICATION.—With respect to the first fiscal 

year for which a heavily impacted local educational 

agency described in clause (i) applies for a basic support payment under subparagraph (A), or with respect 

to the first fiscal year for which a heavily impacted 

local educational agency applies for a basic support 

payment under subparagraph (A) after becoming ineligible under clause (i) for 1 or more preceding fiscal 

years, the agency shall apply for such payment at 

least 1 year prior to the start of that first fiscal year. 

ø(iv) QUALIFIED LOCAL EDUCATIONAL AGENCY.—A 

qualified local educational agency described in this 

clause is an agency that meets the following requirements: 

ø(I) The boundaries of the agency are the same 

as island property designated by the Secretary of 

the Interior to be property that is held in trust by 

the Federal Government. 

ø(II) The agency has no taxing authority. 

ø(III) The agency received a payment under 

paragraph (1) for fiscal year 2001. 

ø(D)¿ (C) MAXIMUM AMOUNT FOR øREGULAR¿ HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES.—(i) øExcept 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 

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cated 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)ø(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 ø(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. 

ø(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 ø6,000¿ 5,500 

of such children are children described in subparagraphs 

(A) and (B) of subsection (a)(1). 

* * * * * * * 

ø(F)¿ (E) DATA.—For purposes of providing assistance 

under this paragraph the øSecretary— 

ø(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; øand¿. 


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ø(ii) except as provided in subparagraph (C)(i)(I), 

shall include all of the children described in subparagraphs (F) and (G) of subsection (a)(1) enrolled in 

schools of the local educational agency in determining 

(I) the eligibility of the agency for assistance under 

this paragraph, and (II) the amount of such assistance 

if the number of such children meet the requirements 

of subsection (a)(3).¿ 

ø(G)¿ (F) DETERMINATION OF AVERAGE TAX RATES FOR

GENERAL FUND PURPOSES.—For the purpose of determining 

average tax rates for general fund purposes for local educational agencies in a State under this paragraph (except 

under øsubparagraph (C)(i)(II)(bb)¿ subparagraph 

(B)(i)(II)(bb)), the Secretary shall use either— 

(i) * * * 

* * * * * * * 

ø(H)¿ (G) ELIGIBILITY FOR HEAVILY IMPACTED LOCAL

EDUCATIONAL AGENCIES AFFECTED BY PRIVATIZATION OF

MILITARY HOUSING.— (i) ELIGIBILITY.—For any fiscal year, a heavily impacted local educational agency that received a basic 

support payment under this paragraph for the prior 

fiscal year, but is ineligible for such payment for the 

current fiscal year under øsubparagraph (B), (C), (D), 

or (E)¿ subparagraph (B), (C), or (D), as the case may 

be, øby reason of¿ due to the conversion of military 

housing units to private housing described in clause 

(iii), or as the direct result of base realignment and closure or modularization as determined by the Secretary 

of Defense 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 

ø(D) or (E)¿ (C) or (D), as the case may be, shall be 

based on the number of children in average daily attendance in the schools of such agency for the fiscal 

year and under the same provisions of subparagraph 

ø(D) or (E)¿ (C) or (D) under which the agency was 

paid during the prior fiscal year. 

* * * * * * * 

(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 øsection 8014(b)¿ section 3(c)(2) are insufficient to pay to each local educational agency the full 

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retary shall make payments in accordance with this paragraph. 

(B) LEARNING OPPORTUNITY THRESHOLD PAYMENTS IN

LIEU OF PAYMENTS UNDER PARAGRAPH (1).—(i) * * * 

* * * * * * * 

ø(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 

øsubparagraph (D) or (E) of paragraph (2), as the case may 

be¿ paragraph (2)(D). 

ø(D) RATABLE DISTRIBUTION.—For fiscal years described 

in subparagraph (A), the Secretary shall make payments 


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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) øthrough (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 

øsubparagraph (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)— 


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(i) * * * 

* * * * * * * 

(c) PRIOR YEAR DATA.— 

(1) * * * 

ø(2) EXCEPTION.—Calculations for a local educational agency 

that is newly established by a State shall, for the first year of 

operation of such agency, be based on data from the fiscal year 

for which the agency is making application for payment.¿ 

(2) EXCEPTION.—Calculation of payments for a local educational agency shall be based on data from the fiscal year for 

which the agency is making an application for payment if such 

agency— 

(A) is newly established by a State, for the first year of 

operation of such agency only; 

(B) was eligible to receive a payment under this section 

for the previous fiscal year and has had an overall increase 

in enrollment (as determined by the Secretary in consultation with the Secretary of Defense, the Secretary of 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 øsection 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.— 


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ø(1) IN GENERAL.—Subject to paragraphs (2) and (3), the 

total amount the Secretary shall pay a local educational agency 

under subsection (b)— 

ø(A) for fiscal year 2001 shall not be less than 85 percent of the total amount that the local educational agency 

received under subsections (b) and (f) for fiscal year 2000; 

and 

ø(B) for fiscal year 2002 shall not be less than 70 percent of the total amount that the local educational agency 

received under subsections (b) and (f) for fiscal year 2000. 

ø(2) MAXIMUM AMOUNT.—The total amount provided to a 

local educational agency under subparagraph (A) or (B) of 

paragraph (1) for a fiscal year shall not exceed the maximum 

basic support payment amount for such agency determined 

under paragraph (1) or (2) of subsection (b), as the case may 

be.¿ 

(1) IN GENERAL.—Subject to paragraph (2), the total amount 

the Secretary shall pay a local educational agency under subsection (b)— 

(A) for fiscal year 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. 

* * * * * * * 

ø(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. ø8004.¿ 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 

øsection 8003¿ section 4003 shall establish policies and procedures 

to ensure that— 

(1) * * * 

* * * * * * * 


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(b) RECORDS.—A local educational agency that claims children residing on Indian lands for the purpose of receiving funds under 

øsection 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 

øsection 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 øsection 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 øBureau 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 øsection 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. ø8005.¿ 4005. APPLICATION FOR PAYMENTS UNDER SECTIONS 

ø8002 AND 8003¿ 4002 and 4003. 

(a) IN GENERAL.—A local educational agency desiring to receive 

a payment under øsection 8002¿ section 4002 or ø8003¿ 4003 

shall— 


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(1) * * * 

* * * * * * * 

(b) CONTENTS.—Each such application shall be submitted in such 

form and manner, øand shall contain such information,¿ as the 

Secretary may require, including— 

(1) * * * 

(2) where applicable, an assurance that such agency is in 

compliance with section ø8004¿ 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 ø8003(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 øsection 8002¿ section 4002 or ø8003¿ 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. ø8007.¿ 4007. CONSTRUCTION. 

(a) CONSTRUCTION PAYMENTS AUTHORIZED.— (1) IN GENERAL.—From 40 percent of the amount appropriated for each fiscal year under section ø8014(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 øsection 8003(b)¿ section 4003(b) for 

that fiscal year. 

(2) ADDITIONAL REQUIREMENTS.—A local educational agency 

that receives a basic support payment under øsection 8003(b)¿ 

section 4003(b)(1) shall also meet at least one of the following 

requirements: 

(A) The number of children determined under øsection 

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 øsection 8003(a)¿ section 4003(a)(1) 


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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 ø8014(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 

øsection 8003(a)¿ section 4003(a)(1) for all local educational agencies described in this subsection (as calculated under øsection 8003(a)¿ section 4003(a)(2)), including the number of weighted student units of such 

children attending a school facility described in øsection 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 ø8014(e)¿ 3(c)(4) for such fiscal year; divided 

by 

(II) the total number of weighted student units of 

children described in øsection 8003(a)¿ section 

4003(a)(1)(C) for all local educational agencies described in this subsection (as calculated under øsection 

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 øsection 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 ø8014(e)¿ 3(c)(4), the 

Secretary— 

(A) * * * 

* * * * * * * 

(3) ELIGIBILITY REQUIREMENTS.— 


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(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 øsection 8003(b)¿ section 4003(b)(2) for the 

fiscal year; and 

* * * * * * * 

(C) ADDITIONAL ELIGIBILITY FOR EMERGENCY AND MOD- ERNIZATION 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 øsection 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 

øsection 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 øsection 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 øsection 

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 øsection 8003(a)¿ section 4003(a)(1)(C) 


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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 øsection 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 øsection 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, øin 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, 

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termined under øsection 8003(a)¿ section 4003(a)(1) in 

average daily attendance in each school facility; and 

* * * * * * * 

ø(F) Such other information and assurances as the Secretary may reasonably require.¿ 

* * * * * * * 

SEC. ø8008.¿ 4008. FACILITIES. 

(a) CURRENT FACILITIES.—From the amount appropriated for any 

fiscal year under øsection 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. ø8009.¿ 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 øsection 

8002¿ section 4002 øor 8003(b)¿ or 4003(b) (except the amount 

calculated in excess of 1.0 under øsection 8003(a)¿ section 

4003(a)(2)(B) and, with respect to a local educational agency 

that receives a payment under øsection 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 øsection 8003(b)¿ section 

4003(b)(1) and not øsection 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 øand 

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 øsection 8011(a)¿ section 4011(a), to any local educational agency adversely affected by such certification. 


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(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 øsection 8011(a)¿ section 4011(a), to the State, and to 

any local educational agency adversely affected by such determination. 

* * * * * * * 

SEC. ø8010.¿ 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 øsection 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 øparagraph (3)¿ paragraph (2) of 

this subsection. 

(B) The Secretary shall treat as eligible under subparagraph 

(G) of øsection 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 øparagraph (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 øsection 8009(b)¿ section 4009(b) of 

this title; and 

(E) such agency received a payment for fiscal year 1999 

under øsection 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. 


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(2) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH IN- SUFFICIENT 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. ø8011.¿ 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 øor 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. ø8012.¿ 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. ø8013.¿ 4013. DEFINITIONS. 

For purposes of this title: 

(1) ARMED FORCES.—The term ‘‘Armed Forces’’ means the 

Army, Navy, Air Force, øand Marine Corps¿ Marine Corps, 

and Coast Guard. 

* * * * * * * 

(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 øand 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 


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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 øStewart 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 SelfDetermination 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 øand 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) * * * 

* * * * * * * 

øSEC. 8014. AUTHORIZATION OF APPROPRIATIONS. 

ø(a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL PROPERTY.— 

For the purpose of making payments under section 8002, there are 

authorized to be appropriated $32,000,000 for fiscal year 2000 and 

such sums as may be necessary for each of the seven succeeding 

fiscal years. 

ø(b) BASIC PAYMENTS; PAYMENTS FOR HEAVILY IMPACTED LOCAL

EDUCATIONAL AGENCIES.—For the purpose of making 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. 

ø(c) PAYMENTS FOR CHILDREN WITH DISABILITIES.—For the purpose of making payments under section 8003(d), there are authorized to be appropriated $50,000,000 for fiscal year 2000 and such 

sums as may be necessary for each of the seven succeeding fiscal 

years. 

ø(e) CONSTRUCTION.—For the purpose of carrying out section 

8007, there are authorized to be appropriated $10,052,000 for fiscal 

year 2000 and such sums as may be necessary for fiscal year 2001, 

$150,000,000 for fiscal year 2002, and such sums as may be necessary for each of the five succeeding fiscal years. 

ø(f) FACILITIES MAINTENANCE.—For the purpose of carrying out 

section 8008, there are authorized to be appropriated $5,000,000 


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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 øsection 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 øsection 8002¿ section 

4002 and øsection 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 øsection 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 øsection 8002(b)¿ 

section 4002(b), shall not be more than 50 percent of the maximum 

amount determined under øsection 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 øsection 8002(b)¿ section 4002(b). 


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øTITLE VI—FLEXIBILITY AND 

ACCOUNTABILITY 

øPART A—IMPROVING ACADEMIC 

ACHIEVEMENT 

øSubpart 1—Accountability 

øSEC. 6111. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES. 

øThe Secretary shall make grants to States to enable the 

States— 

ø(1) to pay the costs of the development of the additional 

State assessments and standards required by section 1111(b), 

which may include the costs of working in voluntary partnerships with other States, at the sole discretion of each such 

State; and 

ø(2) if a State has developed the assessments and standards 

required by section 1111(b), to administer those assessments or 

to carry out other activities described in this subpart and other 

activities related to ensuring that the State’s schools and local 

educational agencies are held accountable for results, such as 

the following: 

ø(A) Developing challenging State academic content and 

student academic achievement standards and aligned assessments in academic subjects for which standards and 

assessments are not required by section 1111(b). 

ø(B) Developing or improving assessments of English 

language proficiency necessary to comply with section 

1111(b)(7). 

ø(C) Ensuring the continued validity and reliability of 

State assessments. 

ø(D) Refining State assessments to ensure their continued alignment with the State’s academic content standards 

and to improve the alignment of curricula and instructional materials. 

ø(E) Developing multiple measures to increase the reliability and validity of State assessment systems. 

ø(F) Strengthening the capacity of local educational 

agencies and schools to provide all students the opportunity to increase educational achievement, including carrying out professional development activities aligned with 

State student academic achievement standards and assessments. 

ø(G) Expanding the range of accommodations available 

to students with limited English proficiency and students 

with disabilities to improve the rates of inclusion of such 

students, including professional development activities 

aligned with State academic achievement standards and 

assessments. 

ø(H) Improving the dissemination of information on student achievement and school performance to parents and 

the community, including the development of information 

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cational practices based on scientifically based research or 

to assist in linking records of student achievement, length 

of enrollment, and graduation over time. 

øSEC. 6112. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS. 

ø(a) GRANT PROGRAM AUTHORIZED.—From funds made available 

to carry out this subpart, the Secretary shall award, on a competitive basis, grants to State educational agencies that have submitted an application at such time, in such manner, and containing 

such information as the Secretary may require, which demonstrate 

to the satisfaction of the Secretary, that the requirements of this 

section will be met, for the following: 

ø(1) To enable States (or consortia of States) to collaborate 

with institutions of higher education, other research institutions, or other organizations to improve the quality, validity, 

and reliability of State academic assessments beyond the requirements for such assessments described in section 

1111(b)(3). 

ø(2) To measure student academic achievement using multiple measures of student academic achievement from multiple 

sources. 

ø(3) To chart student progress over time. 

ø(4) To evaluate student academic achievement through the 

development of comprehensive academic assessment instruments, such as performance and technology-based academic assessments. 

ø(b) APPLICATION.—Each State wishing to apply for funds under 

this section shall include in its State plan under part A of title I 

such information as the Secretary may require. 

ø(c) ANNUAL REPORT.—Each State educational agency receiving 

a grant under this section shall submit an annual report to the 

Secretary describing its activities, and the result of those activities, 

under the grant. 

øSEC. 6113. FUNDING. 

ø(a) AUTHORIZATION OF APPROPRIATIONS.— 

ø(1) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.—For 

the purpose of administering the State assessments under the 

National Assessment of Educational Progress, there are authorized to be appropriated $72,000,000 for fiscal year 2002, 

and such sums as may be necessary for each of the 5 succeeding fiscal years. 

ø(2) STATE ASSESSMENTS AND RELATED ACTIVITIES.—For the 

purpose of carrying out this subpart, there are authorized to be 

appropriated $490,000,000 for fiscal year 2002, and such sums 

as may be necessary for each of the 5 succeeding fiscal years. 

ø(b) ALLOTMENT OF APPROPRIATED FUNDS.— 

ø(1) IN GENERAL.—From amounts made available for each 

fiscal year under subsection (a)(2) that are equal to or less 

than the amount described in section 1111(b)(3)(D) (hereinafter 

in this subsection referred to as the ‘‘trigger amount’’), the Secretary shall— 

ø(A) reserve one-half of 1 percent for the Bureau of Indian Affairs; 

ø(B) reserve one-half of 1 percent for the outlying areas; 

and 


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ø(C) from the remainder, allocate to each State an 

amount equal to— 

ø(i) $3,000,000; and 

ø(ii) with respect to any amounts remaining after 

the allocation is made under clause (i), an amount 

that bears the same relationship to such total remaining amounts as the number of students ages 5 through 

17 in the State (as determined by the Secretary on the 

basis of the most recent satisfactory data) bears to the 

total number of such students in all States. 

ø(2) REMAINDER.—Any amounts remaining for a fiscal year 

after the Secretary carries out paragraph (1) shall be made 

available as follows: 

ø(A)(i) To award funds under section 6112 to States according to the quality, needs, and scope of the State application under that section. 

ø(ii) In determining the grant amount under clause (i), 

the Secretary shall ensure that a State’s grant shall include an amount that bears the same relationship to the 

total funds available under this paragraph for the fiscal 

year as the number of students ages 5 through 17 in the 

State (as determined by the Secretary on the basis of the 

most recent satisfactory data) bears to the total number of 

such students in all States. 

ø(B) Any amounts remaining after the Secretary awards 

funds under subparagraph (A) shall be allocated to each 

State that did not receive a grant under such subparagraph, in an amount that bears the same relationship to 

the total funds available under this subparagraph as the 

number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent 

satisfactory data) bears to the total number of such students in all States. 

ø(c) STATE DEFINED.—In this section, the term ‘‘State’’ means 

each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 

øSubpart 2—Funding Transferability for State 

and Local Educational Agencies 

øSEC. 6121. SHORT TITLE. 

øThis subpart may be cited as the ‘‘State and Local Transferability Act’’. 

øSEC. 6122. PURPOSE. 

øThe purpose of this subpart is to allow States and local educational agencies the flexibility— 

ø(1) to target Federal funds to Federal programs that most 

effectively address the unique needs of States and localities; 

and 

ø(2) to transfer Federal funds allocated to other activities to 

allocations for certain activities authorized under title I. 

øSEC. 6123. TRANSFERABILITY OF FUNDS. 

ø(a) TRANSFERS BY STATES.— 


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ø(1) IN GENERAL.—In accordance with this subpart, a State 

may transfer not more than 50 percent of the nonadministrative State funds (including funds transferred under paragraph 

(2)) allotted to the State for use for State-level activities under 

the following provisions for a fiscal year to one or more of the 

State’s allotments for such fiscal year under any other of such 

provisions: 

ø(A) Section 2113(a)(3). 

ø(B) Section 2412(a)(1). 

ø(C) Subsections (a)(1) (with the agreement of the Governor) and (c)(1) of section 4112 and section 4202(c)(3). 

ø(D) Section 5112(b). 

ø(2) ADDITIONAL FUNDS FOR TITLE I.—In accordance with this 

subpart and subject to the 50 percent limitation described in 

paragraph (1), a State may transfer any funds allotted to the 

State under a provision listed in paragraph (1) to its allotment 

under title I. 

ø(b) TRANSFERS BY LOCAL EDUCATIONAL AGENCIES.— ø(1) AUTHORITY TO TRANSFER FUNDS.— ø(A) IN GENERAL.—In accordance with this subpart, a 

local educational agency (except a local educational agency 

identified for improvement under section 1116(c) or subject 

to corrective action under section 1116(c)(9)) may transfer 

not more than 50 percent of the funds allocated to it (including funds transferred under subparagraph (C)) under 

each of the provisions listed in paragraph (2) for a fiscal 

year to one or more of its allocations for such fiscal year 

under any other provision listed in paragraph (2). 

ø(B) AGENCIES IDENTIFIED FOR IMPROVEMENT.—In accordance with this subpart, a local educational agency 

identified for improvement under section 1116(c) may 

transfer not more than 30 percent of the funds allocated 

to it (including funds transferred under subparagraph (C)) 

under each of the provisions listed in paragraph (2) for a 

fiscal year— 

ø(i) to its allocation for school improvement for such 

fiscal year under section 1003; or 

ø(ii) to any other allocation for such fiscal year if 

such transferred funds are used only for local educational agency improvement activities consistent with 

section 1116(c). 

ø(C) ADDITIONAL FUNDS FOR TITLE I.—In accordance with 

this subpart and subject to the percentage limitation described in subparagraph (A) or (B), as applicable, a local 

educational agency may transfer funds allocated to such 

agency under any of the provisions listed in paragraph (2) 

for a fiscal year to its allocation for part A of title I for that 

fiscal year. 

ø(2) APPLICABLE PROVISIONS.—A local educational agency 

may transfer funds under subparagraph (A), (B), or (C) of paragraph (1) from allocations made under each of the following 

provisions: 

ø(A) Section 2121. 

ø(B) Section 2412(a)(2)(A). 

ø(C) Section 4112(b)(1). 


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ø(D) Section 5112(a). 

ø(c) NO TRANSFER OF TITLE I FUNDS.—A State or a local educational agency may not transfer under this subpart to any other 

program any funds allotted or allocated to it for part A of title I. 

ø(d) MODIFICATION OF PLANS AND APPLICATIONS; NOTIFICATION.— 

ø(1) STATE TRANSFERS.—Each State that makes a transfer of 

funds under this section shall— 

ø(A) modify, to account for such transfer, each State 

plan, or application submitted by the State, to which such 

funds relate; 

ø(B) not later than 30 days after the date of such transfer, submit a copy of such modified plan or application to 

the Secretary; and 

ø(C) not later than 30 days before the effective date of 

such transfer, notify the Secretary of such transfer. 

ø(2) LOCAL TRANSFERS.—Each local educational agency that 

makes a transfer of funds under this section shall— 

ø(A) modify, to account for such transfer, each local plan, 

or application submitted by the agency, to which such 

funds relate; 

ø(B) not later than 30 days after the date of such transfer, submit a copy of such modified plan or application to 

the State; and 

ø(C) not later than 30 days before the effective date of 

such transfer, notify the State of such transfer. 

ø(e) APPLICABLE RULES.— 

ø(1) IN GENERAL.—Except as otherwise provided in this subpart, funds transferred under this section are subject to each 

of the rules and requirements applicable to the funds under 

the provision to which the transferred funds are transferred. 

ø(2) CONSULTATION.—Each State educational agency or local 

educational agency that transfers funds under this section 

shall conduct consultations in accordance with section 9501, if 

such transfer transfers funds from a program that provides for 

the participation of students, teachers, or other educational 

personnel, from private schools. 

øSubpart 3—State and Local Flexibility 

Demonstration 

øSEC. 6131. SHORT TITLE. 

øThis subpart may be cited as the ‘‘State and Local Flexibility 

Demonstration Act’’. 

øSEC. 6132. PURPOSE. 

øThe purpose of this subpart is to create options for selected 

State educational agencies and local educational agencies— 

ø(1) to improve the academic achievement of all students, 

and to focus the resources of the Federal Government upon 

such achievement; 

ø(2) to improve teacher quality and subject matter mastery, 

especially in mathematics, reading, and science; 


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ø(3) to better empower parents, educators, administrators, 

and schools to effectively address the needs of their children 

and students; 

ø(4) to give participating State educational agencies and 

local educational agencies greater flexibility in determining 

how to increase their students’ academic achievement and implement education reforms in their schools; 

ø(5) to eliminate barriers to implementing effective State and 

local education reform, while preserving the goals of opportunity for all students and accountability for student progress; 

ø(6) to hold participating State educational agencies and 

local educational agencies accountable for increasing the academic achievement of all students, especially disadvantaged 

students; and 

ø(7) to narrow achievement gaps between the lowest and 

highest achieving groups of students so that no child is left behind. 

øSEC. 6133. GENERAL PROVISION. 

øFor purposes of this subpart, any State that is one local educational agency shall be considered a State educational agency and 

not a local educational agency. 

øCHAPTER A—STATE FLEXIBILITY AUTHORITY 

øSEC. 6141. STATE FLEXIBILITY. 

ø(a) FLEXIBILITY AUTHORITY.—Except as otherwise provided in 

this chapter, the Secretary shall, on a competitive basis, grant 

flexibility authority to not more than seven eligible State educational agencies, under which the agencies may consolidate and 

use funds in accordance with section 6142. 

ø(b) DEFINITIONS.—In this chapter: 

ø(1) ELIGIBLE STATE EDUCATIONAL AGENCY.—The term ‘‘eligible State educational agency’’ means a State educational agency that— 

ø(A) submits an approvable application under subsection 

(c); and 

ø(B) proposes performance agreements— 

ø(i) that shall be entered into with not fewer than 

4, and not more than 10, local educational agencies; 

ø(ii) not fewer than half of which shall be entered 

into with high-poverty local educational agencies; and 

ø(iii) that require the local educational agencies described in clause (i) to align their use of consolidated 

funds under section 6152 with the State educational 

agency’s use of consolidated funds under section 6142. 

ø(2) HIGH-POVERTY LOCAL EDUCATIONAL AGENCY.—The term 

‘‘high-poverty local educational agency’’ means a local educational agency for which 20 percent or more of the children 

who are age 5 through 17, and served by the local educational 

agency, are from families with incomes below the poverty line. 

ø(c) STATE APPLICATIONS.— 

ø(1) APPLICATIONS.—To be eligible to receive flexibility authority under this chapter, a State educational agency shall 

submit an application to the Secretary at such time, in such 


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manner, and containing such information as the Secretary may 

require, including— 

ø(A) information demonstrating, to the satisfaction of 

the Secretary, that the grant of authority offers substantial promise of— 

ø(i) assisting the State educational agency in making adequate yearly progress, as defined under section 

1111(b)(2); and 

ø(ii) aligning State and local reforms and assisting 

the local educational agencies that enter into performance agreements with the State educational agency 

under paragraph (2) in making such adequate yearly 

progress; 

ø(B) the performance agreements that the State educational agency proposes to enter into with eligible local 

educational agencies under paragraph (2); 

ø(C) information demonstrating that the State educational agency has consulted with and involved parents, 

representatives of local educational agencies, and other 

educators in the development of the terms of the grant of 

authority; 

ø(D) a provision specifying that the grant of flexibility 

authority shall be for a term of not more than 5 years; 

ø(E) a list of the programs described in section 6142(b) 

that are included in the scope of the grant of authority; 

ø(F) a provision specifying that no requirements of any 

program described in section 6142(b) and included by a 

State educational agency in the scope of the grant of authority shall apply to that agency, except as otherwise provided in this chapter; 

ø(G) a 5-year plan describing how the State educational 

agency intends to consolidate and use the funds from programs included in the scope of the grant of authority, for 

any educational purpose authorized under this Act, in 

order to make adequate yearly progress and advance the 

education priorities of the State and the local educational 

agencies with which the State educational agency enters 

into performance agreements; 

ø(H) an assurance that the State educational agency will 

provide parents, teachers, and representatives of local educational agencies and schools with notice and an opportunity to comment on the proposed terms of the grant of 

authority; 

ø(I) an assurance that the State educational agency, and 

the local educational agencies with which the State educational agency enters into performance agreements, will 

use fiscal control and fund accounting procedures that will 

ensure proper disbursement of, and accounting for, Federal 

funds consolidated and used under the grant of authority; 

ø(J) an assurance that the State educational agency, and 

the local educational agencies with which the State educational agency enters into performance agreements, will 

meet the requirements of all applicable Federal civil rights 

laws in carrying out the grant of authority, including consolidating and using funds under the grant of authority; 


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ø(K) an assurance that, in consolidating and using funds 

under the grant of authority— 

ø(i) the State educational agency, and the local educational agencies with which the State educational 

agency enters into performance agreements, will provide for the equitable participation of students and 

professional staff in private schools consistent with 

section 9501; and 

ø(ii) that sections 9502, 9503, and 9504 shall apply 

to all services and assistance provided with such funds 

in the same manner as such sections apply to services 

and assistance provided in accordance with section 

9501; 

ø(L) an assurance that the State educational agency will, 

for the duration of the grant of authority, use funds consolidated under section 6142 only to supplement the 

amount of funds that would, in the absence of those Federal funds, be made available from non-Federal sources for 

the education of students participating in programs assisted with the consolidated funds, and not to supplant 

those funds; and 

ø(M) an assurance that the State educational agency 

shall, not later than 1 year after the date on which the 

Secretary makes the grant of authority, and annually 

thereafter during the term of the grant of authority, disseminate widely to parents and the general public, transmit to the Secretary, distribute to print and broadcast 

media, and post on the Internet, a report, which shall include a detailed description of how the State educational 

agency, and the local educational agencies with which the 

State educational agency enters into performance agreements, used the funds consolidated under the grant of authority to make adequate yearly progress and advance the 

education priorities of the State and local educational 

agencies in the State. 

ø(2) PROPOSED PERFORMANCE AGREEMENTS WITH LOCAL EDUCATIONAL AGENCIES.— 

ø(A) IN GENERAL.—A State educational agency that 

wishes to receive flexibility authority under this subpart 

shall propose performance agreements that meet the requirements of clauses (i) and (ii) of subsection (b)(1)(B) 

(subject to approval of the application or amendment involved under subsection (d) or (e)). 

ø(B) PERFORMANCE AGREEMENTS.—Each proposed performance agreement with a local educational agency 

shall— 

ø(i) contain plans for the local educational agency to 

consolidate and use funds in accordance with section 

6152, for activities that are aligned with the State 

educational agency’s plan described in paragraph 

(1)(G); 

ø(ii) be subject to the requirements of chapter B relating to agreements between the Secretary and a 

local educational agency, except— 


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ø(I) that, as appropriate, references in that 

chapter to the Secretary shall be deemed to be references to the State educational agency; and 

ø(II) as otherwise provided in this chapter; and 

ø(iii) contain an assurance that the local educational 

agency will, for the duration of the grant of authority, 

use funds consolidated under section 6152 only to supplement the amount of funds that would, in the absence of those Federal funds, be made available from 

non-Federal sources for the education of students participating in programs assisted with the consolidated 

funds, and not to supplant those funds. 

ø(d) APPROVAL AND SELECTION.—The Secretary shall— 

ø(1) establish a peer review process to assist in the review 

of proposed State applications under this section; and 

ø(2) appoint individuals to participate in the peer review 

process who are— 

ø(A) representative of parents, teachers, State educational agencies, and local educational agencies; and 

ø(B) familiar with educational standards, assessments, 

accountability, curricula, instruction, and staff development, and other diverse educational needs of students. 

ø(e) AMENDMENT TO GRANT OF AUTHORITY.— ø(1) IN GENERAL.—Subject to paragraph (2), the Secretary 

shall amend the grant of flexibility authority made to a State 

educational agency under this chapter, in each of the following 

circumstances: 

ø(A) REDUCTION IN SCOPE OF THE GRANT OF AUTHOR- ITY.—Not later than 1 year after receiving a grant of flexibility authority, the State educational agency seeks to 

amend the grant of authority to remove from the scope of 

the grant of authority any program described in section 

6142(b). 

ø(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. 

ø(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). 

ø(2) APPROVAL AND DISAPPROVAL.— ø(A) DEEMED APPROVAL.—A proposed amendment to a 

grant of flexibility authority submitted by a State educational agency pursuant to paragraph (1) shall be deemed 

to be approved by the Secretary unless the Secretary 

makes a written determination, prior to the expiration of 


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the 120-day period beginning on the date on which the 

Secretary received the proposed amendment, that the proposed amendment is not in compliance with this chapter. 

ø(B) DISAPPROVAL.—The Secretary shall not finally disapprove the proposed amendment, except after giving the 

State educational agency notice and an opportunity for a 

hearing. 

ø(C) NOTIFICATION.—If the Secretary finds that the proposed amendment is not in compliance, in whole or in part, 

with this chapter, the Secretary shall— 

ø(i) give the State educational agency notice and an 

opportunity for a hearing; and 

ø(ii) notify the State educational agency of the finding of noncompliance and, in such notification, shall— 

ø(I) cite the specific provisions in the proposed 

amendment that are not in compliance; and 

ø(II) request additional information, only as to 

the noncompliant provisions, needed to make the 

proposed amendment compliant. 

ø(D) RESPONSE.—If the State educational agency responds to the Secretary’s notification described in subparagraph (C)(ii) during the 45-day period beginning on the 

date on which the agency received the notification, and resubmits the proposed amendment with the requested information described in subparagraph (C)(ii)(II), the Secretary shall approve or disapprove such proposed amendment prior to the later of— 

ø(i) the expiration of the 45-day period beginning on 

the date on which the proposed amendment is resubmitted; or 

ø(ii) the expiration of the 120-day period described 

in subparagraph (A). 

ø(E) FAILURE TO RESPOND.—If the State educational 

agency does not respond to the Secretary’s notification described in subparagraph (C)(ii) during the 45-day period 

beginning on the date on which the agency received the 

notification, such proposed amendment shall be deemed to 

be disapproved. 

ø(3) TREATMENT OF PROGRAM FUNDS WITHDRAWN FROM

GRANT OF AUTHORITY.—Beginning on the effective date of an 

amendment executed under paragraph (1)(A), each program requirement of each program removed from the scope of a grant 

of authority shall apply to the use of funds made available 

under the program by the State educational agency and each 

local educational agency with which the State educational 

agency has a performance agreement. 

øSEC. 6142. CONSOLIDATION AND USE OF FUNDS. 

ø(a) IN GENERAL.— 

ø(1) AUTHORITY.—Under a grant of flexibility authority made 

under this chapter, a State educational agency may consolidate 

Federal funds described in subsection (b) and made available 

to the agency, and use such funds for any educational purpose 

authorized under this Act. 

ø(2) PROGRAM REQUIREMENTS.—Except as otherwise provided 

in this chapter, a State educational agency may use funds 


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under paragraph (1) notwithstanding the program requirements of the program under which the funds were made available to the State. 

ø(b) ELIGIBLE FUNDS AND PROGRAMS.— ø(1) FUNDS.—The funds described in this subsection are 

funds, for State-level activities and State administration, that 

are described in the following provisions: 

ø(A) Section 1004. 

ø(B) Paragraphs (4) and (5) of section 1202(d). 

ø(C) Section 2113(a)(3). 

ø(D) Section 2412(a)(1). 

ø(E) Subsections (a) (with the agreement of the Governor), (b)(2), and (c)(1) of section 4112. 

ø(F) Paragraphs (2) and (3) of section 4202(c). 

ø(G) Section 5112(b). 

ø(2) PROGRAMS.—The programs described in this subsection 

are the programs authorized to be carried out with funds described in paragraph (1). 

ø(c) SPECIAL RULE.—A State educational agency that receives a 

grant of flexibility authority under this chapter— 

ø(1) shall ensure that the funds described in section 5112(a) 

are allocated to local educational agencies in the State in accordance with section 5112(a); but 

ø(2) may specify how the local educational agencies shall use 

the allocated funds. 

øSEC. 6143. PERFORMANCE REVIEW AND PENALTIES. 

ø(a) MIDTERM REVIEW.— ø(1) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.—If, during the term of a grant of flexibility authority under this chapter, a State educational agency fails to make adequate yearly 

progress for 2 consecutive years, the Secretary shall, after providing notice and an opportunity for a hearing, terminate the 

grant of authority promptly. 

ø(2) NONCOMPLIANCE.—The Secretary may, after providing 

notice and an opportunity for a hearing (including the opportunity to provide evidence as described in paragraph (3)), terminate a grant of flexibility authority for a State if there is evidence that the State educational agency involved has failed to 

comply with the terms of the grant of authority. 

ø(3) EVIDENCE.—If a State educational agency believes that 

a determination of the Secretary under this subsection is in 

error for statistical or other substantive reasons, the State educational agency may provide supporting evidence to the Secretary, and the Secretary shall consider that evidence before 

making a final termination determination under this subsection. 

ø(b) FINAL REVIEW.— 

ø(1) IN GENERAL.—If, at the end of the 5-year term of a grant 

of flexibility authority made under this chapter, the State educational agency has not met the requirements described in section 6141(c), the Secretary may not renew the grant of flexibility authority under section 6144. 

ø(2) COMPLIANCE.—Beginning on the date on which such 

term ends, the State educational agency, and the local educational agencies with which the State educational agency has 


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entered into performance agreements, shall be required to comply with each of the program requirements in effect on such 

date for each program that was included in the grant of authority. 

øSEC. 6144. RENEWAL OF GRANT OF FLEXIBILITY AUTHORITY. 

ø(a) IN GENERAL.—Except as provided in section 6143 and in accordance with this section, if a State educational agency has met, 

by the end of the original 5-year term of a grant of flexibility authority under this chapter, the requirements described in section 

6141(c), the Secretary shall renew a grant of flexibility authority 

for one additional 5-year term. 

ø(b) RENEWAL.—The Secretary may not renew a grant of flexibility authority under this chapter unless, not later than 6 months 

before the end of the original term of the grant of authority, the 

State educational agency seeking the renewal notifies the Secretary, and the local educational agencies with which the State 

educational agency has entered into performance agreements, of 

the agency’s intention to renew the grant of authority. 

ø(c) EFFECTIVE DATE.—A renewal under this section shall be effective on the later of— 

ø(1) the expiration of the original term of the grant of authority; or 

ø(2) the date on which the State educational agency seeking 

the renewal provides to the Secretary all data required for the 

application described in section 6141(c). 

øCHAPTER B—LOCAL FLEXIBILITY DEMONSTRATION 

øSEC. 6151. LOCAL FLEXIBILITY DEMONSTRATION AGREEMENTS. 

ø(a) AUTHORITY.—Except as otherwise provided in this chapter, 

the Secretary shall, on a competitive basis, enter into local flexibility demonstration agreements— 

ø(1) with local educational agencies that submit approvable 

proposed agreements under subsection (c) and that are selected 

under subsection (b); and 

ø(2) under which those agencies may consolidate and use 

funds in accordance with section 6152. 

ø(b) SELECTION OF LOCAL EDUCATIONAL AGENCIES.— 

ø(1) IN GENERAL.—Subject to paragraph (2), the Secretary 

shall enter into local flexibility demonstration agreements 

under this chapter with not more than 80 local educational 

agencies. Each local educational agency shall be selected on a 

competitive basis from among those local educational agencies 

that— 

ø(A) submit a proposed local flexibility demonstration 

agreement under subsection (c) to the Secretary and demonstrate, to the satisfaction of the Secretary, that the 

agreement— 

ø(i) has a substantial promise of assisting the local 

educational agency in meeting the State’s definition of 

adequate yearly progress, advancing the education priorities of the local educational agency, meeting the 

general purposes of the programs included under this 

chapter and the purposes of this part, improving stuVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00341 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

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dent achievement, and narrowing achievement gaps in 

accordance with section 1111(b); 

ø(ii) meets the requirements of this chapter; and 

ø(iii) contains a plan to consolidate and use funds in 

accordance with section 6152 in order to meet the 

State’s definition of adequate yearly progress and the 

local educational agency’s specific, measurable goals 

for improving student achievement and narrowing 

achievement gaps; and 

ø(B) have consulted and involved parents and other educators in the development of the proposed local flexibility 

demonstration agreement. 

ø(2) GEOGRAPHIC DISTRIBUTION.— 

ø(A) INITIAL AGREEMENTS.—The Secretary may enter 

into not more than three local flexibility demonstration 

agreements under this chapter with local educational 

agencies in each State that does not have a grant of flexibility authority under chapter A. 

ø(B) URBAN AND RURAL AREAS.—If more than three local 

educational agencies in a State submit approvable local 

flexibility demonstration agreements under this chapter, 

the Secretary shall select local educational agencies with 

which to enter into such agreements in a manner that ensures an equitable distribution among such agencies serving urban and rural areas. 

ø(C) PRIORITY OF STATES TO ENTER INTO STATE FLEXIBILITY DEMONSTRATION AGREEMENTS.—Notwithstanding 

any other provision of this part, a local educational agency 

may not seek to enter into a local flexibility demonstration 

agreement under this chapter if that agency is located in 

a State for which the State educational agency— 

ø(i) has, not later than 4 months after the date of 

enactment of the No Child Left Behind Act of 2001, 

notified the Secretary of its intent to apply for a grant 

of flexibility authority under chapter A and, within 

such period of time as the Secretary may establish, is 

provided with such authority by the Secretary; or 

ø(ii) has, at any time after such period, been granted 

flexibility authority under chapter A. 

ø(c) REQUIRED TERMS OF LOCAL FLEXIBILITY DEMONSTRATION

AGREEMENT.—Each local flexibility demonstration agreement entered into with the Secretary under this chapter shall contain each 

of the following terms: 

ø(1) DURATION.—The local flexibility demonstration agreement shall be for a term of 5 years. 

ø(2) APPLICATION OF PROGRAM REQUIREMENTS.—The local 

flexibility demonstration agreement shall provide that no requirements of any program described in section 6152 and included by a local educational agency in the scope of its agreement shall apply to that agency, except as otherwise provided 

in this chapter. 

ø(3) LIST OF PROGRAMS.—The local flexibility demonstration 

agreement shall list which of the programs described in section 

6152 are included in the scope of the agreement. 


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ø(4) USE OF FUNDS TO IMPROVE STUDENT ACHIEVEMENT.—The 

local flexibility demonstration agreement shall contain a 5-year 

plan describing how the local educational agency intends to 

consolidate and use the funds from programs included in the 

scope of the agreement for any educational purpose authorized 

under this Act to advance the education priorities of the local 

educational agency, meet the general purposes of the included 

programs, improve student achievement, and narrow achievement gaps in accordance with section 1111(b). 

ø(5) LOCAL INPUT.—The local flexibility demonstration agreement shall contain an assurance that the local educational 

agency will provide parents, teachers, and representatives of 

schools with notice and an opportunity to comment on the proposed terms of the local flexibility demonstration agreement. 

ø(6) FISCAL RESPONSIBILITIES.—The local flexibility demonstration agreement shall contain an assurance that the local 

educational agency will use fiscal control and fund accounting 

procedures that will ensure proper disbursement of, and accounting for, Federal funds consolidated and used under the 

agreement. 

ø(7) CIVIL RIGHTS.—The local flexibility demonstration agreement shall contain an assurance that the local educational 

agency will meet the requirements of all applicable Federal 

civil rights laws in carrying out the agreement and in consolidating and using the funds under the agreement. 

ø(8) PRIVATE SCHOOL PARTICIPATION.—The local flexibility 

demonstration agreement shall contain an assurance that the 

local educational agency agrees that in consolidating and using 

funds under the agreement— 

ø(A) the local educational agency, will provide for the equitable participation of students and professional staff in 

private schools consistent with section 9501; and 

ø(B) that sections 9502, 9503, and 9504 shall apply to all 

services and assistance provided with such funds in the 

same manner as such sections apply to services and assistance provided in accordance with section 9501. 

ø(9) SUPPLANTING.—The local flexibility demonstration 

agreement shall contain an assurance that the local educational agency will, for the duration of the grant of authority, 

use funds consolidated under section 6152 only to supplement 

the amount of funds that would, in the absence of those Federal funds, be made available from non-Federal sources for the 

education of students participating in programs assisted with 

the consolidated funds, and not to supplant those funds. 

ø(10) ANNUAL REPORTS.—The local flexibility demonstration 

agreement shall contain an assurance that the local educational agency shall, not later than 1 year after the date on 

which the Secretary enters into the agreement, and annually 

thereafter during the term of the agreement, disseminate widely to parents and the general public, transmit to the Secretary, 

and the State educational agency for the State in which the 

local educational agency is located, distribute to print and 

broadcast media, and post on the Internet, a report that includes a detailed description of how the local educational agenVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00343 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

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cy used the funds consolidated under the agreement to improve 

student academic achievement and reduce achievement gaps. 

ø(d) PEER REVIEW.—The Secretary shall— 

ø(1) establish a peer review process to assist in the review 

of proposed local flexibility demonstration agreements under 

this chapter; and 

ø(2) appoint individuals to the peer review process who are 

representative of parents, teachers, State educational agencies, 

and local educational agencies, and who are familiar with educational standards, assessments, accountability, curriculum, instruction and staff development, and other diverse educational 

needs of students. 

ø(e) AMENDMENT TO PERFORMANCE AGREEMENT.— 

ø(1) IN GENERAL.—In each of the following circumstances, 

the Secretary shall amend a local flexibility demonstration 

agreement entered into with a local educational agency under 

this chapter: 

ø(A) REDUCTION IN SCOPE OF LOCAL FLEXIBILITY DEMONSTRATION AGREEMENT.—Not later than 1 year after entering into a local flexibility demonstration agreement, the 

local educational agency seeks to amend the agreement to 

remove from the scope any program described in section 

6152. 

ø(B) EXPANSION OF SCOPE OF LOCAL FLEXIBILITY 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. 

ø(2) APPROVAL AND DISAPPROVAL.— 

ø(A) DEEMED APPROVAL.—A proposed amendment to a 

local flexibility demonstration agreement pursuant to 

paragraph (1) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the proposed amendment, that the proposed amendment is not in 

compliance with this chapter. 

ø(B) DISAPPROVAL.—The Secretary shall not finally disapprove the proposed amendment, except after giving the 

local educational agency notice and an opportunity for a 

hearing. 

ø(C) NOTIFICATION.—If the Secretary finds that the proposed amendment is not in compliance, in whole or in part, 

with this chapter, the Secretary shall— 

ø(i) give the local educational agency notice and an 

opportunity for a hearing; and 

ø(ii) notify the local educational agency of the finding of noncompliance and, in such notification, shall— 

ø(I) cite the specific provisions in the proposed 

amendment that are not in compliance; and 


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ø(II) request additional information, only as to 

the noncompliant provisions, needed to make the 

proposed amendment compliant. 

ø(D) RESPONSE.—If the local educational agency responds to the Secretary’s notification described in subparagraph (C)(ii) during the 45-day period beginning on the 

date on which the agency received the notification, and resubmits the proposed amendment with the requested information described in subparagraph (C)(ii)(II), the Secretary shall approve or disapprove such proposed amendment prior to the later of— 

ø(i) the expiration of the 45-day period beginning on 

the date on which the proposed amendment is resubmitted; or 

ø(ii) the expiration of the 120-day period described 

in subparagraph (A). 

ø(E) FAILURE TO RESPOND.—If the local educational 

agency does not respond to the Secretary’s notification described in subparagraph (C)(ii) during the 45-day period 

beginning on the date on which the agency received the 

notification, such proposed amendment shall be deemed to 

be disapproved. 

ø(3) TREATMENT OF PROGRAM FUNDS WITHDRAWN FROM

AGREEMENT.—Beginning on the effective date of an amendment 

executed under paragraph (1)(A), each program requirement of 

each program removed from the scope of a local flexibility demonstration agreement shall apply to the use of funds made 

available under the program by the local educational agency. 

øSEC. 6152. CONSOLIDATION AND USE OF FUNDS. 

ø(a) IN GENERAL.— 

ø(1) AUTHORITY.—Under a local flexibility demonstration 

agreement entered into under this chapter, a local educational 

agency may consolidate Federal funds made available to the 

agency under the provisions listed in subsection (b) and use 

such funds for any educational purpose permitted under this 

Act. 

ø(2) PROGRAM REQUIREMENTS.—Except as otherwise provided 

in this chapter, a local educational agency may use funds 

under paragraph (1) notwithstanding the program requirements of the program under which the funds were made available to the agency. 

ø(b) ELIGIBLE PROGRAMS.—Program funds made available to 

local educational agencies on the basis of a formula under the following provisions may be consolidated and used under subsection 

(a): 

ø(1) Subpart 2 of part A of title II. 

ø(2) Subpart 1 of part D of title II. 

ø(3) Subpart 1 of part A of title IV. 

ø(4) Subpart 1 of part A of title V. 

øSEC. 6153. LIMITATIONS ON ADMINISTRATIVE EXPENDITURES. 

øEach local educational agency that has entered into a local flexibility demonstration agreement with the Secretary under this 

chapter may use for administrative purposes not more than 4 perVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00345 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

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cent of the total amount of funds allocated to the agency under the 

programs included in the scope of the agreement. 

øSEC. 6154. PERFORMANCE REVIEW AND PENALTIES. 

ø(a) MIDTERM REVIEW.— 

ø(1) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.—If, during the term of a local flexibility demonstration agreement, a 

local educational agency fails to make adequate yearly progress 

for 2 consecutive years, the Secretary shall, after notice and 

opportunity for a hearing, promptly terminate the agreement. 

ø(2) NONCOMPLIANCE.—The Secretary may, after providing 

notice and an opportunity for a hearing (including the opportunity to provide information as provided for in paragraph (3)), 

terminate a local flexibility demonstration agreement under 

this chapter if there is evidence that the local educational 

agency has failed to comply with the terms of the agreement. 

ø(3) EVIDENCE.—If a local educational agency believes that 

the Secretary’s determination under this subsection is in error 

for statistical or other substantive reasons, the local educational agency may provide supporting evidence to the Secretary, and the Secretary shall consider that evidence before 

making a final early termination determination. 

ø(b) FINAL REVIEW.—If, at the end of the 5-year term of a local 

flexibility demonstration agreement entered into under this chapter, the local educational agency has not met the requirements described in section 6151(c), the Secretary may not renew the agreement under section 6155 and, beginning on the date on which such 

term ends, the local educational agency shall be required to comply 

with each of the program requirements in effect on such date for 

each program included in the local flexibility demonstration agreement. 

øSEC. 6155. RENEWAL OF LOCAL FLEXIBILITY DEMONSTRATION 

AGREEMENT. 

ø(a) IN GENERAL.—Except as provided in section 6154 and in accordance with this section, the Secretary shall renew for one additional 5-year term a local flexibility demonstration agreement entered into under this chapter if the local educational agency has 

met, by the end of the original term of the agreement, the requirements described in section 6151(c). 

ø(b) NOTIFICATION.—The Secretary may not renew a local flexibility demonstration agreement under this chapter unless, not less 

than 6 months before the end of the original term of the agreement, the local educational agency seeking the renewal notifies the 

Secretary of its intention to renew. 

ø(c) EFFECTIVE DATE.—A renewal under this section shall be effective at the end of the original term of the agreement or on the 

date on which the local educational agency seeking renewal provides to the Secretary all data required under the agreement, 

whichever is later. 

øSEC. 6156. REPORTS. 

ø(a) TRANSMITTAL TO CONGRESS.—Not later than 60 days after 

the Secretary receives a report described in section 6151(b)(10), the 

Secretary shall make the report available to the Committee on 

Education and the Workforce of the House of Representatives and 


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the Committee on Health, Education, Labor, and Pensions of the 

Senate. 

ø(b) LIMITATION.—A State in which a local educational agency 

that has a local flexibility demonstration agreement is located may 

not require such local educational agency to provide any application information with respect to the programs included within the 

scope of that agreement other than that information that is required to be included in the report described in section 6151(b)(10). 

øSubpart 4—State Accountability for Adequate 

Yearly Progress 

øSEC. 6161. ACCOUNTABILITY FOR ADEQUATE YEARLY PROGRESS. 

øIn the case of a State educational agency that has a plan approved under subpart 1 of part A of title I after the date of enactment of the No Child Left Behind Act of 2001, and has a plan approved under subpart 1 of part A of title III of such Act after such 

date of enactment, the Secretary shall annually, starting with the 

beginning of the first school year following the first two school 

years for which such plans were implemented, review whether the 

State has— 

ø(1) made adequate yearly progress, as defined in section 

1111(b)(2)(B), for each of the groups of students described in 

section 1111(b)(2)(C)(v); and 

ø(2) met its annual measurable achievement objectives under 

section 3122(a). 

øSEC. 6162. PEER REVIEW. 

øThe Secretary shall use a peer review process to review, based 

on data from the State assessments administered under section 

1111(b)(3) and on data from the evaluations conducted under section 3121, whether the State has failed to make adequate yearly 

progress for 2 consecutive years or whether the State has met its 

annual measurable achievement objectives. 

øSEC. 6163. TECHNICAL ASSISTANCE. 

ø(a) PROVISION OF ASSISTANCE.— 

ø(1) ADEQUATE YEARLY PROGRESS.—Based on the review described in section 6161(1), the Secretary shall provide technical 

assistance to a State that has failed to make adequate yearly 

progress, as defined in section 1111(b)(2), for 2 consecutive 

years. The Secretary shall provide such assistance not later 

than the beginning of the first school year that begins after 

such determination is made. 

ø(2) ANNUAL MEASURABLE ACHIEVEMENT OBJECTIVES.—Based 

on the reviews described in section 6161(2), the Secretary may 

provide technical assistance to a State that has failed to meet 

its annual measurable achievement objectives under section 

3122(a) for 2 consecutive years. The Secretary shall provide 

such assistance not later than the beginning of the first school 

year that begins after such determination is made. 

ø(b) CHARACTERISTICS.—The technical assistance described in 

subsection (a) shall— 

ø(1) be valid, reliable and rigorous; and 

ø(2) provide constructive feedback to help the State make 

adequate yearly progress, as defined in section 1111(b)(2), or 


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meet the annual measurable achievement objectives under section 3122(a). 

øSEC. 6164. REPORT TO CONGRESS. 

øBeginning with the school year that begins in 2005, the Secretary shall submit an annual report to the Committee on Education and the Workforce of the House of Representatives and the 

Committee on Health, Education, Labor, and Pensions of the Senate containing the following: 

ø(1) A list of each State that has not made adequate yearly 

progress based on the review conducted under section 6161(1). 

ø(2) A list of each State that has not met its annual measurable achievement objectives based on the review conducted 

under section 6161(2). 

ø(3) The information reported by the State to the Secretary 

pursuant to section 1119(a). 

ø(4) A description of any technical assistance provided pursuant to section 6163. 

øPART B—RURAL EDUCATION INITIATIVE 

øSEC. 6201. SHORT TITLE. 

øThis part may be cited as the ‘‘Rural Education Achievement 

Program’’. 

øSEC. 6202. PURPOSE 

øIt is the purpose of this part to address the unique needs of 

rural school districts that frequently— 

ø(1) lack the personnel and resources needed to compete effectively for Federal competitive grants; and 

ø(2) receive formula grant allocations in amounts too small 

to be effective in meeting their intended purposes. 

øSubpart 1—Small, Rural School Achievement 

Program 

øSEC. 6211. USE OF APPLICABLE FUNDING. 

ø(a) ALTERNATIVE USES.— 

ø(1) IN GENERAL.—Notwithstanding any other provision of 

law, an eligible local educational agency may use the 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: 

ø(A) Part A of title I. 

ø(B) Part A or D of title II. 

ø(C) Title III. 

ø(D) Part A or B of title IV. 

ø(E) Part A of title V. 

ø(2) NOTIFICATION.—An eligible local educational agency 

shall notify the State educational agency of the local educational agency’s intention to use the applicable funding in accordance with paragraph (1), by a date that is established by 

the State educational agency for the notification. 

ø(b) ELIGIBILITY.— 


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ø(1) IN GENERAL.—A local educational agency shall be eligible to use the applicable funding in accordance with subsection 

(a) if— 

ø(A)(i)(I) the total number of students in average daily 

attendance at all of the schools served by the local educational agency is fewer than 600; or 

ø(II) each county in which a school served by the local 

educational agency is located has a total population density of fewer than 10 persons per square mile; and 

ø(ii) all of the schools served by the local educational 

agency are designated with a school locale code of 7 or 8, 

as determined by the Secretary; or 

ø(B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with 

paragraph (2), grants the local educational agency’s request to waive the criteria described in subparagraph 

(A)(ii). 

ø(2) CERTIFICATION.—The Secretary shall determine whether 

to waive the criteria described in paragraph (1)(A)(ii) based on 

a demonstration by the local educational agency, and concurrence by the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. 

ø(c) APPLICABLE FUNDING DEFINED.—In this section, the term 

‘‘applicable funding’’ means funds provided under any of the following provisions: 

ø(1) Subpart 2 and section 2412(a)(2)(A) of title II. 

ø(2) Section 4114. 

ø(3) Part A of title V. 

ø(d) DISBURSEMENT.—Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses 

under this section for the fiscal year at the same time as the State 

educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding 

for such alternative uses for the fiscal year. 

ø(e) APPLICABLE RULES.—Applicable funding under this section 

shall be available to carry out local activities authorized under subsection (a). 

øSEC. 6212. GRANT PROGRAM AUTHORIZED. 

ø(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: 

ø(1) Part A of title I. 

ø(2) Part A or D of title II. 

ø(3) Title III. 

ø(4) Part A or B of title IV. 

ø(5) Part A of title V. 

ø(b) ALLOCATION.— 

ø(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 


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received by the agency under the provisions of law described 

in section 6211(c) for the preceding fiscal year. 

ø(2) DETERMINATION OF INITIAL AMOUNT.—The initial 

amount referred to in paragraph (1) is equal to $100 multiplied 

by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount 

may not exceed $60,000. 

ø(3) RATABLE ADJUSTMENT.— 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

øSEC. 6213. ACCOUNTABILITY. 

ø(a) ACADEMIC ACHIEVEMENT ASSESSMENT.—Each local educational agency that uses or receives funds under this subpart for 

a fiscal year shall administer an assessment that is consistent with 

section 1111(b)(3). 

ø(b) DETERMINATION REGARDING CONTINUING PARTICIPATION.— 

Each State educational agency that receives funding under the provisions of law described in section 6211(c) shall— 

ø(1) after the third year that a local educational agency in 

the State participates in a program under this subpart and on 

the basis of the results of the assessments described in subsection (a), determine whether the local educational agency 

participating in the program made adequate yearly progress, 

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

ø(2) permit only those local educational agencies that participated and made adequate yearly progress, as described in section 1111(b)(2), to continue to participate; and 

ø(3) permit those local educational agencies that participated 

and failed to make adequate yearly progress, as described in 

section 1111(b)(2), to continue to participate only if such local 

educational agencies use applicable funding under this subpart 

to carry out the requirements of section 1116. 

øSubpart 2—Rural and Low-Income School 

Program 

øSEC. 6221. PROGRAM AUTHORIZED. 

ø(a) GRANTS TO STATES.— 


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ø(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). 

ø(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. 

ø(3) SPECIALLY QUALIFIED AGENCIES.— ø(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. 

ø(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. 

ø(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. 

ø(b) LOCAL AWARDS.— ø(1) ELIGIBILITY.—A local educational agency shall be eligible to receive a grant under this subpart if— 

ø(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 

ø(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. 

ø(2) AWARD BASIS.—A State educational agency shall award 

grants to eligible local educational agencies— 

ø(A) on a competitive basis; 

ø(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 

ø(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 alVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00351 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

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ternative 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). 

ø(c) RESERVATIONS.—From amounts appropriated under section 

6234 for this subpart for a fiscal year, the Secretary shall reserve— 

ø(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 

ø(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. 

øSEC. 6222. USES OF FUNDS. 

ø(a) LOCAL AWARDS.—Grant funds awarded to local educational 

agencies under this subpart shall be used for any of the following: 

ø(1) Teacher recruitment and retention, including the use of 

signing bonuses and other financial incentives. 

ø(2) Teacher professional development, including programs 

that train teachers to utilize technology to improve teaching 

and to train special needs teachers. 

ø(3) Educational technology, including software and hardware, as described in part D of title II. 

ø(4) Parental involvement activities. 

ø(5) Activities authorized under the Safe and Drug-Free 

Schools program under part A of title IV. 

ø(6) Activities authorized under part A of title I. 

ø(7) Activities authorized under title III. 

ø(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. 

øSEC. 6223. APPLICATIONS. 

ø(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. 

ø(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— 

ø(1) increased student academic achievement; 

ø(2) decreased student dropout rates; or 

ø(3) such other factors as the State educational agency or 

specially qualified agency may choose to measure. 

øSEC. 6224. ACCOUNTABILITY. 

ø(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— 


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ø(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; 

ø(2) how local educational agencies and schools used funds 

provided under this subpart; and 

ø(3) the degree to which progress has been made toward 

meeting the goals and objectives described in the application 

submitted under section 6223. 

ø(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— 

ø(1) how such agency uses funds provided under this subpart; and 

ø(2) the degree to which progress has been made toward 

meeting the goals and objectives described in the application 

submitted under section 6223. 

ø(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— 

ø(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 

ø(3) the degree to which progress has been made toward 

meeting the goals and objectives described in the applications 

submitted under section 6223. 

ø(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). 

ø(e) DETERMINATION REGARDING CONTINUING PARTICIPATION.— Each State educational agency or specially qualified agency that receives a grant under this subpart shall— 

ø(1) after the third year that a local educational agency or 

specially qualified agency in the State receives funds under 

this subpart, and on the basis of the results of the assessments 

described in subsection (d)— 

ø(A) in the case of a local educational agency, determine 

whether the local educational agency made adequate yearly progress, as described in section 1111(b)(2); and 

ø(B) in the case of a specially qualified agency, submit 

to the Secretary information that would allow the Secretary to determine whether the specially qualified agency 

has made adequate yearly progress, as described in section 

1111(b)(2); 

ø(2) permit only those local educational agencies or specially 

qualified agencies that made adequate yearly progress, as described in section 1111(b)(2), to continue to receive grants 

under this subpart; and 

ø(3) permit those local educational agencies or specially 

qualified agencies that failed to make adequate yearly 


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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. 

øSubpart 3—General Provisions 

øSEC. 6231. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION. 

ø(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— 

ø(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 

ø(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)). 

ø(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). 

øSEC. 6232. SUPPLEMENT, NOT SUPPLANT. 

øFunds made available under subpart 1 or subpart 2 shall be 

used to supplement, and not supplant, any other Federal, State, or 

local education funds. 

øSEC. 6233. RULE OF CONSTRUCTION. 

øNothing in this part shall be construed to prohibit a local educational agency that enters into cooperative arrangements with 

other local educational agencies for the provision of special, compensatory, or other education services, pursuant to State law or a 

written agreement, from entering into similar arrangements for the 

use, or the coordination of the use, of the funds made available 

under this part. 

øSEC. 6234. AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated to carry out this part 

$300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years, to be distributed 

equally between subparts 1 and 2. 


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øPART C—GENERAL PROVISIONS 

øSEC. 6301. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, 

OR CONTROL. 

øNothing in this title shall be construed to authorize an officer 

or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic achievement standards and assessments, 

curriculum, or program of instruction, as a condition of eligibility 

to receive funds under this Act. 

øSEC. 6302. RULE OF CONSTRUCTION ON EQUALIZED SPENDING. 

øNothing in this title shall be construed to mandate equalized 

spending per pupil for a State, local educational agency, or school.¿ 

* * * * * * * 

HIGHER EDUCATION ACT OF 1965 

* * * * * * * 

TITLE II—TEACHER QUALITY 

ENHANCEMENT 

* * * * * * * 

PART A—TEACHER QUALITY PARTNERSHIP 

GRANTS 

øSEC. 201. PURPOSES. 

øThe purposes of this part are to— 

ø(1) improve student achievement; 

ø(2) improve the quality of prospective and new teachers by 

improving the preparation of prospective teachers and enhancing professional development activities for new teachers; 

ø(3) hold teacher preparation programs at institutions of 

higher education accountable for preparing highly qualified 

teachers; and 

ø(4) recruit highly qualified individuals, including minorities 

and individuals from other occupations, into the teaching force. 

øSEC. 202. PARTNERSHIP GRANTS. 

ø(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). 

ø(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— 

ø(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 


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special education teachers, principals, and, as applicable, early 

childhood educators; 

ø(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; 

ø(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; 

ø(4) a description of— 

ø(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 

ø(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; 

ø(5) an assessment that describes the resources available to 

the eligible partnership, including— 

ø(A) the integration of funds from other related sources; 

ø(B) the intended use of the grant funds; and 

ø(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; 

ø(6) a description of— 

ø(A) how the eligible partnership will meet the purposes 

of this part; 

ø(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; 

ø(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; 

ø(D) the partnership’s evaluation plan under section 

204(a); 

ø(E) how the partnership will align the teacher preparation program under subsection (c) with the— 

ø(i) State early learning standards for early childhood education programs, as appropriate, and with the 

relevant domains of early childhood development; and 

ø(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; 


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ø(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; 

ø(G) how the partnership will prepare general education 

and special education teachers to teach students who are 

limited English proficient; 

ø(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— 

ø(i) provide high-quality professional development 

activities to strengthen the content knowledge and 

teaching skills of elementary school and secondary 

school teachers; and 

ø(ii) train other classroom teachers to implement literacy programs that incorporate the essential components of reading instruction; 

ø(I) how the partnership will design, implement, or enhance a year-long and rigorous teaching preservice clinical 

program component; 

ø(J) how the partnership will support in-service professional development strategies and activities; and 

ø(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 

ø(7) with respect to the induction program required as part 

of the activities carried out under this section— 

ø(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; 

ø(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; 

ø(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 


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ø(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. 

ø(c) USE OF GRANT FUNDS.—An eligible partnership that receives 

a grant under this section— 

ø(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 

ø(2) may use grant funds to carry out a leadership development program under subsection (f). 

ø(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: 

ø(1) REFORMS.— 

ø(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— 

ø(i) preparing— 

ø(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); 

ø(II) such teachers and, as applicable, early 

childhood educators, to understand empiricallybased 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 

ø(III) as applicable, early childhood educators to 

be highly competent; and 

ø(ii) promoting strong teaching skills and, as applicable, techniques for early childhood educators to improve children’s cognitive, social, emotional, and physical development. 

ø(B) REQUIRED REFORMS.—The reforms described in subparagraph (A) shall include— 

ø(i) implementing teacher preparation program curriculum changes that improve, evaluate, and assess 


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how well all prospective and new teachers develop 

teaching skills; 

ø(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— 

ø(I) understand and can implement researchbased teaching practices in classroom instruction; 

ø(II) have knowledge of student learning methods; 

ø(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; 

ø(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— 

ø(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 

ø(bb) differentiate instruction for such students; 

ø(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 

ø(VI) can successfully employ effective strategies for reading instruction using the essential 

components of reading instruction; 

ø(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; 

ø(iv) developing and implementing an induction program; 

ø(v) developing admissions goals and priorities 

aligned with the hiring objectives of the high-need 

local educational agency in the eligible partnership; 

and 

ø(vi) implementing program and curriculum 

changes, as applicable, to ensure that prospective 


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teachers have the requisite content knowledge, preparation, and degree to teach Advanced Placement or 

International Baccalaureate courses successfully. 

ø(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: 

ø(A) Incorporate year-long opportunities for enrichment, 

including— 

ø(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 

ø(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. 

ø(B) Integrate pedagogy and classroom practice and promote effective teaching skills in academic content areas. 

ø(C) Provide high-quality teacher mentoring. 

ø(D) Be offered over the course of a program of teacher 

preparation. 

ø(E) Be tightly aligned with course work (and may be 

developed as a fifth year of a teacher preparation program). 

ø(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. 

ø(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. 

ø(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— 

ø(i) with respect to a prospective teacher or a mentor, release time for such individual’s participation; 

ø(ii) with respect to a faculty member, receiving 

course workload credit and compensation for time 

teaching in the eligible partnership’s activities; and 

ø(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. 

ø(3) INDUCTION PROGRAMS FOR NEW TEACHERS.—Creating an 

induction program for new teachers or, in the case of an early 


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childhood education program, providing mentoring or coaching 

for new early childhood educators. 

ø(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. 

ø(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— 

ø(A) individuals from under represented populations; 

ø(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 

ø(C) mid-career professionals from other occupations, 

former military personnel, and recent college graduates 

with a record of academic distinction. 

ø(6) LITERACY TRAINING.—Strengthening the literacy teaching skills of prospective and, as applicable, new elementary 

school and secondary school teachers— 

ø(A) to implement literacy programs that incorporate the 

essential components of reading instruction; 

ø(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; 

ø(C) to provide individualized, intensive, and targeted 

literacy instruction for students with deficiencies in literacy skills; and 

ø(D) to integrate literacy skills in the classroom across 

subject areas. 

ø(e) PARTNERSHIP GRANTS FOR THE ESTABLISHMENT OF TEACHING

RESIDENCY PROGRAMS.— 

ø(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: 

ø(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. 

ø(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. 

ø(C) Ensuring that teaching residents who participate in 

the teaching residency program receive— 


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ø(i) effective preservice preparation as described in 

paragraph (2); 

ø(ii) teacher mentoring; 

ø(iii) support required through the induction program as the teaching residents enter the classroom as 

new teachers; and 

ø(iv) the preparation described in subparagraphs 

(A), (B), and (C) of subsection (d)(2). 

ø(2) TEACHING RESIDENCY PROGRAMS.— 

ø(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: 

ø(i) The integration of pedagogy, classroom practice, 

and teacher mentoring. 

ø(ii) Engagement of teaching residents in rigorous 

graduate-level course work leading to a master’s degree while undertaking a guided teaching apprenticeship. 

ø(iii) Experience and learning opportunities alongside a trained and experienced mentor teacher— 

ø(I) whose teaching shall complement the residency program so that classroom clinical practice 

is tightly aligned with coursework; 

ø(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 

ø(III) who may be relieved from teaching duties 

as a result of such additional responsibilities. 

ø(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: 

ø(I) Planning and preparation, including demonstrated knowledge of content, pedagogy, and assessment, including the use of formative and diagnostic assessments to improve student learning. 

ø(II) Appropriate instruction that engages students with different learning styles. 

ø(III) Collaboration with colleagues to improve 

instruction. 

ø(IV) Analysis of gains in student learning, 

based on multiple measures that are valid and reliable and that, when feasible, may include valid, 


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reliable, and objective measures of the influence of 

teachers on the rate of student academic progress. 

ø(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. 

ø(v) Grouping of teaching residents in cohorts to facilitate professional collaboration among such residents. 

ø(vi) The development of admissions goals and priorities— 

ø(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 

ø(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. 

ø(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. 

ø(B) SELECTION OF INDIVIDUALS AS TEACHER RESIDENTS.— 

ø(i) ELIGIBLE INDIVIDUAL.—In order to be eligible to 

be a teacher resident in a teaching residency program 

under this paragraph, an individual shall— 

ø(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 

ø(II) submit an application to the teaching residency program. 

ø(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: 

ø(I) Strong content knowledge or record of accomplishment in the field or subject area to be 

taught. 


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ø(II) Strong verbal and written communication 

skills, which may be demonstrated by performance 

on appropriate tests. 

ø(III) Other attributes linked to effective teaching, which may be determined by interviews or 

performance assessments, as specified by the eligible partnership. 

ø(C) STIPENDS OR SALARIES; APPLICATIONS; AGREEMENTS; 

REPAYMENTS.— ø(i) STIPENDS OR SALARIES.—A teaching residency 

program under this subsection shall provide a oneyear living stipend or salary to teaching residents during the teaching residency program. 

ø(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. 

ø(iii) AGREEMENTS TO SERVE.—Each application submitted under clause (ii) shall contain or be accompanied by an agreement that the applicant will— 

ø(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; 

ø(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; 

ø(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; 

ø(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 

ø(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. 

ø(iv) REPAYMENTS.— 

ø(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 


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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. 

ø(II) OTHER TERMS AND CONDITIONS.—Any other 

terms and conditions specified by the eligible partnership may include reasonable provisions for prorata 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. 

ø(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. 

ø(f) PARTNERSHIP GRANTS FOR THE DEVELOPMENT OF LEADERSHIP

PROGRAMS.— 

ø(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: 

ø(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). 

ø(B) Promoting strong leadership skills and, as applicable, techniques for school leaders to effectively— 

ø(i) create and maintain a data-driven, professional 

learning community within the leader’s school; 

ø(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; 

ø(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; 

ø(iv) manage resources and school time to improve 

student academic achievement and ensure the school 

environment is safe; 

ø(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 


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ø(vi) understand how students learn and develop in 

order to increase academic achievement for all students. 

ø(C) Ensuring that individuals who participate in the 

school leadership program receive— 

ø(i) effective preservice preparation as described in 

subparagraph (D); 

ø(ii) mentoring; and 

ø(iii) if applicable, full State certification or licensure to become a school leader. 

ø(D) Developing and improving a sustained and highquality 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: 

ø(i) Incorporate year-long opportunities for enrichment, including— 

ø(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 

ø(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. 

ø(ii) Integrate pedagogy and practice and promote 

effective leadership skills, meeting the unique needs of 

urban, rural, or geographically isolated communities, 

as applicable. 

ø(iii) Provide for mentoring of new school leaders. 

ø(E) Creating an induction program for new school leaders. 

ø(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— 

ø(i) individuals from underrepresented populations; 

ø(ii) individuals to serve as superintendents, principals, or other school administrators in rural and geographically isolated communities and school leader 

shortage areas; and 

ø(iii) mid-career professionals from other occupations, former military personnel, and recent college 

graduates with a record of academic distinction. 

ø(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— 

ø(A) be a— 

ø(i) recent graduate of an institution of higher education; 


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ø(ii) mid-career professional from outside the field of 

education with strong content knowledge or a record of 

professional accomplishment; 

ø(iii) current teacher who is interested in becoming 

a school leader; or 

ø(iv) school leader who is interested in becoming a 

superintendent; and 

ø(B) submit an application to the leadership program. 

ø(g) PARTNERSHIP WITH DIGITAL EDUCATION CONTENT DEVEL- OPER.—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. 

ø(h) EVALUATION AND REPORTING.—The Secretary shall— 

ø(1) evaluate the programs assisted under this section; and 

ø(2) make publicly available a report detailing the Secretary’s evaluation of each such program. 

ø(i) CONSULTATION.— ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

øSEC. 203. ADMINISTRATIVE PROVISIONS. 

ø(a) DURATION; NUMBER OF AWARDS; PAYMENTS.— 

ø(1) DURATION.—A grant awarded under this part shall be 

awarded for a period of five years. 

ø(2) NUMBER OF AWARDS.—An eligible partnership may not 

receive more than one grant during a five-year period. Nothing 


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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. 

ø(b) PEER REVIEW.— 

ø(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. 

ø(2) PRIORITY.—The Secretary, in funding applications under 

this part, shall give priority— 

ø(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 

ø(B)(i) to applications from broad-based eligible partnerships that involve businesses and community organizations; or 

ø(ii) to eligible partnerships so that the awards promote 

an equitable geographic distribution of grants among rural 

and urban areas. 

ø(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. 

ø(c) MATCHING REQUIREMENTS.— 

ø(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. 

ø(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. 

ø(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. 

øSEC. 204. ACCOUNTABILITY AND EVALUATION. 

ø(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— 


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ø(1) achievement for all prospective and new teachers, as 

measured by the eligible partnership; 

ø(2) teacher retention in the first three years of a teacher’s 

career; 

ø(3) improvement in the pass rates and scaled scores for initial State certification or licensure of teachers; and 

ø(4)(A) the percentage of highly qualified teachers hired by 

the high-need local educational agency participating in the eligible partnership; 

ø(B) the percentage of highly qualified teachers hired by the 

high-need local educational agency who are members of underrepresented groups; 

ø(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); 

ø(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); 

ø(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; 

ø(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 

ø(G) as applicable, the percentage of teachers trained— 

ø(i) to integrate technology effectively into curricula and 

instruction, including technology consistent with the principles of universal design for learning; and 

ø(ii) to use technology effectively to collect, manage, and 

analyze data to improve teaching and learning for the purpose of improving student academic achievement. 

ø(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. 

ø(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— 

ø(1) shall cancel the grant; and 

ø(2) may use any funds returned or available because of such 

cancellation under paragraph (1) to— 

ø(A) increase other grant awards under this part; or 

ø(B) award new grants to other eligible partnerships 

under this part. 


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ø(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— 

ø(1) successful practices developed by eligible partnerships 

under this part; and 

ø(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-toTeachers Program. 

* * * * * * * 

§ 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 øunder 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. 

* * * * * * * 


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§ 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-toTeachers 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). 


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(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 RE- QUIREMENTS 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 particiVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00372 Fmt 6659 Sfmt 6603 E:\HR\OC\HR459P1.XXX HR459P1

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pate 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 


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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 


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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 MONT- GOMERY 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 

* * * * * * * 


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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) * * * 

ø(2) In any State that has a compulsory residency requirement as a component of the State’s compulsory school attendance laws or other laws, regulations, practices, or policies that 

may act as a barrier to the enrollment, attendance, or success 

in school of homeless children and youths, the State will review and undertake steps to revise such laws, regulations, 

practices, or policies to ensure that homeless children and 

youths are afforded the same free, appropriate public education 

as provided to other children and youths.¿ 

(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 øalone¿ 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 øchallenging 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 ø(g).¿ (h). 

ø(b) APPLICATION.—No State may receive a grant under this section unless the State educational agency submits an application to 

the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably 

require.¿ 

(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 


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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 yearø; or¿. ø(iii) the amount such State received under this section 

for fiscal year 2001.¿ 

* * * * * * * 

ø(3) STATE DEFINED.—For purposes of this subsection, the 

term ‘‘State’’ does not include the United States Virgin Islands, 

Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands.¿ 

(d) ACTIVITIES.—øGrants¿ Grant funds from a grant made to a 

State under this section shall be used for the following: 

(1) * * * 

ø(2) To provide activities for, and services to, homeless children, including preschool-aged homeless children, and youths 

that enable such children and youths to enroll in, attend, and 

succeed in school, or, if appropriate, in preschool programs.¿ 

(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. 

* * * * * * * 

ø(5) To develop and implement professional development programs for school personnel to heighten their awareness of, and 

capacity to respond to, specific problems in the education of 

homeless children and youths.¿ 

(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 øsums¿ 

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 


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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 øfunds 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 øsections 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 øa 

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; 

øand¿ 

(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 schoolsø.¿; and 

(IV) the progress the separate schools are making in helping all students meet the State academic standards. 

* * * * * * * 

(iii) SUBMISSION.—øNot later than 2 years after the 

date of enactment of the McKinney-Vento Homeless 

Education Assistance Improvements Act of 2001, the¿ 


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The Secretary shall submit the report described in 

clause (i) to— 

(I) * * * 

* * * * * * * 

ø(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.—The Coordinator for Education of Homeless Children and Youths established 

in each State shall— 

ø(1) gather reliable, valid, and comprehensive information on 

the nature and extent of the problems homeless children and 

youths have in gaining access to public preschool programs and 

to public elementary schools and secondary schools, the difficulties in identifying the special needs of such children and 

youths, any progress made by the State educational agency 

and local educational agencies in the State in addressing such 

problems and difficulties, and the success of the programs 

under this subtitle in allowing homeless children and youths to 

enroll in, attend, and succeed in, school; 

ø(2) develop and carry out the State plan described in subsection (g); 

ø(3) collect and transmit to the Secretary, at such time and 

in such manner as the Secretary may require, a report containing such information as the Secretary determines is necessary to assess the educational needs of homeless children 

and youths within the State; 

ø(4) facilitate coordination between the State educational 

agency, the State social services agency, and other agencies 

(including agencies providing mental health services) to provide services to homeless children, including preschool-aged 

homeless children, and youths, and to families of such children 

and youths; 

ø(5) in order to improve the provision of comprehensive education and related services to homeless children and youths 

and their families, coordinate and collaborate with— 

ø(A) educators, including child development and preschool program personnel; 

ø(B) providers of services to homeless and runaway children and youths and homeless families (including domestic 

violence agencies, shelter operators, transitional housing 

facilities, runaway and homeless youth centers, and transitional living programs for homeless youths); 

ø(C) local educational agency liaisons designated under 

subsection (g)(1)(J)(ii) for homeless children and youths; 

and 

ø(D) community organizations and groups representing 

homeless children and youths and their families; and 

ø(6) provide technical assistance to local educational agencies 

in coordination with local educational agency liaisons designated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of section 

722(e)(3) and paragraphs (3) through (7) of subsection (g). 

ø(g) STATE PLAN.— 

ø(1) IN GENERAL.—Each State shall submit to the Secretary 

a plan to provide for the education of homeless children and 

youths within the State. Such plan shall include the following: 


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ø(A) A description of how such children and youths are 

(or will be) given the opportunity to meet the same challenging State academic achievement standards all students are expected to meet. 

ø(B) A description of the procedures the State educational agency will use to identify such children and 

youths in the State and to assess their special needs. 

ø(C) A description of procedures for the prompt resolution of disputes regarding the educational placement of 

homeless children and youths. 

ø(D) A description of programs for school personnel (including principals, attendance officers, teachers, enrollment personnel, and pupil services personnel) to heighten 

the awareness of such personnel of the specific needs of 

runaway and homeless youths. 

ø(E) A description of procedures that ensure that homeless children and youths who meet the relevant eligibility 

criteria are able to participate in Federal, State, or local 

food programs. 

ø(F) A description of procedures that ensure that— 

ø(i) homeless children have equal access to the same 

public preschool programs, administered by the State 

agency, as provided to other children in the State; 

ø(ii) homeless youths and youths separated from the 

public schools are identified and accorded equal access 

to appropriate secondary education and support services; and 

ø(iii) homeless children and youths who meet the 

relevant eligibility criteria are able to participate in 

Federal, State, or local before- and after-school care 

programs. 

ø(G) Strategies to address problems identified in the report provided to the Secretary under subsection (f)(3). 

ø(H) Strategies to address other problems with respect 

to the education of homeless children and youths, including problems resulting from enrollment delays that are 

caused by— 

ø(i) immunization and medical records requirements; 

ø(ii) residency requirements; 

ø(iii) lack of birth certificates, school records, or 

other documentation; 

ø(iv) guardianship issues; or 

ø(v) uniform or dress code requirements. 

ø(I) A demonstration that the State educational agency 

and local educational agencies in the State have developed, 

and shall review and revise, policies to remove barriers to 

the enrollment and retention of homeless children and 

youths in schools in the State. 

ø(J) Assurances that— 

ø(i) the State educational agency and local educational agencies in the State will adopt policies and 

practices to ensure that homeless children and youths 

are not stigmatized or segregated on the basis of their 

status as homeless; 


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ø(ii) local educational agencies will designate an appropriate staff person, who may also be a coordinator 

for other Federal programs, as a local educational 

agency liaison for homeless children and youths, to 

carry out the duties described in paragraph (6)(A); and 

ø(iii) the State and its local educational agencies 

will adopt policies and practices to ensure that transportation is provided, at the request of the parent or 

guardian (or in the case of an unaccompanied youth, 

the liaison), to and from the school of origin, as determined in paragraph (3)(A), in accordance with the following, as applicable: 

ø(I) If the homeless child or youth continues to 

live in the area served by the local educational 

agency in which the school of origin is located, the 

child’s or youth’s transportation to and from the 

school of origin shall be provided or arranged by 

the local educational agency in which the school of 

origin is located. 

ø(II) If the homeless child’s or youth’s living arrangements in the area served by the local educational agency of origin terminate and the child 

or youth, though continuing his or her education 

in the school of origin, begins living in an area 

served by another local educational agency, the 

local educational agency of origin and the local 

educational agency in which the homeless child or 

youth is living shall agree upon a method to apportion the responsibility and costs for providing 

the child with transportation to and from the 

school of origin. If the local educational agencies 

are unable to agree upon such method, the responsibility and costs for transportation shall be 

shared equally. 

ø(2) COMPLIANCE.— 

ø(A) IN GENERAL.—Each plan adopted under this subsection shall also describe how the State will ensure that 

local educational agencies in the State will comply with 

the requirements of paragraphs (3) through (7). 

ø(B) COORDINATION.—Such plan shall indicate what 

technical assistance the State will furnish to local educational agencies and how compliance efforts will be coordinated with the local educational agency liaisons designated under paragraph (1)(J)(ii). 

ø(3) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.— 

ø(A) IN GENERAL.—The local educational agency serving 

each child or youth to be assisted under this subtitle shall, 

according to the child’s or youth’s best interest— 

ø(i) continue the child’s or youth’s education in the 

school of origin for the duration of homelessness— 

ø(I) in any case in which a family becomes 

homeless between academic years or during an 

academic year; or 


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378 

ø(II) for the remainder of the academic year, if 

the child or youth becomes permanently housed 

during an academic year; or 

ø(ii) enroll the child or youth in any public school 

that nonhomeless students who live in the attendance 

area in which the child or youth is actually living are 

eligible to attend. 

ø(B) BEST INTEREST.—In determining the best interest of 

the child or youth under subparagraph (A), the local educational agency shall— 

ø(i) to the extent feasible, keep a homeless child or 

youth in the school of origin, except when doing so is 

contrary to the wishes of the child’s or youth’s parent 

or guardian; 

ø(ii) provide a written explanation, including a 

statement regarding the right to appeal under subparagraph (E), to the homeless child’s or youth’s parent or guardian, if the local educational agency sends 

such child or youth to a school other than the school 

of origin or a school requested by the parent or guardian; and 

ø(iii) in the case of an unaccompanied youth, ensure 

that the homeless liaison designated under paragraph 

(1)(J)(ii) assists in placement or enrollment decisions 

under this subparagraph, considers the views of such 

unaccompanied youth, and provides notice to such 

youth of the right to appeal under subparagraph (E). 

ø(C) ENROLLMENT.—(i) The school selected in accordance 

with this paragraph shall immediately enroll the homeless 

child or youth, even if the child or youth is unable to 

produce records normally required for enrollment, such as 

previous academic records, medical records, proof of residency, or other documentation. 

ø(ii) The enrolling school shall immediately contact the 

school last attended by the child or youth to obtain relevant academic and other records. 

ø(iii) If the child or youth needs to obtain immunizations, or immunization or medical records, the enrolling 

school shall immediately refer the parent or guardian of 

the child or youth to the local educational agency liaison 

designated under paragraph (1)(J)(ii), who shall assist in 

obtaining necessary immunizations, or immunization or 

medical records, in accordance with subparagraph (D). 

ø(D) RECORDS.—Any record ordinarily kept by the 

school, including immunization or medical records, academic records, birth certificates, guardianship records, and 

evaluations for special services or programs, regarding 

each homeless child or youth shall be maintained— 

ø(i) so that the records are available, in a timely 

fashion, when a child or youth enters a new school or 

school district; and 

ø(ii) in a manner consistent with section 444 of the 

General Education Provisions Act (20 U.S.C. 1232g). 

ø(E) ENROLLMENT DISPUTES.—If a dispute arises over 

school selection or enrollment in a school— 


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ø(i) the child or youth shall be immediately admitted to the school in which enrollment is sought, pending resolution of the dispute; 

ø(ii) the parent or guardian of the child or youth 

shall be provided with a written explanation of the 

school’s decision regarding school selection or enrollment, including the rights of the parent, guardian, or 

youth to appeal the decision; 

ø(iii) the child, youth, parent, or guardian shall be 

referred to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall carry out 

the dispute resolution process as described in paragraph (1)(C) as expeditiously as possible after receiving notice of the dispute; and 

ø(iv) in the case of an unaccompanied youth, the 

homeless liaison shall ensure that the youth is immediately enrolled in school pending resolution of the dispute. 

ø(F) PLACEMENT CHOICE.—The choice regarding placement shall be made regardless of whether the child or 

youth lives with the homeless parents or has been temporarily placed elsewhere. 

ø(G) SCHOOL OF ORIGIN DEFINED.—In this paragraph, 

the term ‘‘school of origin’’ means the school that the child 

or youth attended when permanently housed or the school 

in which the child or youth was last enrolled. 

ø(H) CONTACT INFORMATION.—Nothing in this subtitle 

shall prohibit a local educational agency from requiring a 

parent or guardian of a homeless child to submit contact 

information. 

ø(4) COMPARABLE SERVICES.—Each homeless child or youth 

to be assisted under this subtitle shall be provided services 

comparable to services offered to other students in the school 

selected under paragraph (3), including the following: 

ø(A) Transportation services. 

ø(B) Educational services for which the child or youth 

meets the eligibility criteria, such as services provided 

under title I of the Elementary and Secondary Education 

Act of 1965 or similar State or local programs, educational 

programs for children with disabilities, and educational 

programs for students with limited English proficiency. 

ø(C) Programs in vocational and technical education. 

ø(D) Programs for gifted and talented students. 

ø(E) School nutrition programs. 

ø(5) COORDINATION.— 

ø(A) IN GENERAL.—Each local educational agency serving 

homeless children and youths that receives assistance 

under this subtitle shall coordinate— 

ø(i) the provision of services under this subtitle with 

local social services agencies and other agencies or 

programs providing services to homeless children and 

youths and their families, including services and programs funded under the Runaway and Homeless 

Youth Act (42 U.S.C. 5701 et seq.); and 


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380 

ø(ii) with other local educational agencies on interdistrict issues, such as transportation or transfer of 

school records. 

ø(B) HOUSING ASSISTANCE.—If applicable, each State 

educational agency and local educational agency that receives assistance under this subtitle shall coordinate with 

State and local housing agencies responsible for developing 

the comprehensive housing affordability strategy described 

in section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) to minimize educational disruption for children and youths who become 

homeless. 

ø(C) COORDINATION PURPOSE.—The coordination required under subparagraphs (A) and (B) shall be designed 

to— 

ø(i) ensure that homeless children and youths have 

access and reasonable proximity to available education 

and related support services; and 

ø(ii) raise the awareness of school personnel and 

service providers of the effects of short-term stays in 

a shelter and other challenges associated with homelessness. 

ø(6) LOCAL EDUCATIONAL AGENCY LIAISON.— ø(A) DUTIES.—Each local educational agency liaison for 

homeless children and youths, designated under paragraph 

(1)(J)(ii), shall ensure that— 

ø(i) homeless children and youths are identified by 

school personnel and through coordination activities 

with other entities and agencies; 

ø(ii) homeless children and youths enroll in, and 

have a full and equal opportunity to succeed in, 

schools of that local educational agency; 

ø(iii) homeless families, children, and youths receive 

educational services for which such families, children, 

and youths are eligible, including Head Start 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; 

ø(iv) the parents or guardians of homeless children 

and youths are informed of the educational and related opportunities available to their children and are 

provided with meaningful opportunities to participate 

in the education of their children; 

ø(v) public notice of the educational rights of homeless children and youths is disseminated where such 

children and youths receive services under this Act, 

such as schools, family shelters, and soup kitchens; 

ø(vi) enrollment disputes are mediated in accordance with paragraph (3)(E); and 

ø(vii) the parent or guardian of a homeless child or 

youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin, as described in paragraph (1)(J)(iii), and is assisted in accessing transporVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00384 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

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tation to the school that is selected under paragraph 

(3)(A). 

ø(B) NOTICE.—State coordinators established under subsection (d)(3) and local educational agencies shall inform 

school personnel, service providers, and advocates working 

with homeless families of the duties of the local educational agency liaisons. 

ø(C) LOCAL AND STATE COORDINATION.—Local educational agency liaisons for homeless children and youths 

shall, as a part of their duties, coordinate and collaborate 

with State coordinators and community and school personnel responsible for the provision of education and related services to homeless children and youths. 

ø(7) REVIEW AND REVISIONS.— ø(A) IN GENERAL.—Each State educational agency and 

local educational agency that receives assistance under 

this subtitle shall review and revise any policies that may 

act as barriers to the enrollment of homeless children and 

youths in schools that are selected under paragraph (3). 

ø(B) CONSIDERATION.—In reviewing and revising such 

policies, consideration shall be given to issues concerning 

transportation, immunization, residency, birth certificates, 

school records and other documentation, and guardianship. 

ø(C) SPECIAL ATTENTION.—Special attention shall be 

given to ensuring the enrollment and attendance of homeless children and youths who are not currently attending 

school.¿ 

(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 


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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. 


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(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). 


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(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. 


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(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 eduVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00389 Fmt 6659 Sfmt 6603 E:\HR\OC\HR459P1.XXX HR459P1

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cational 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 orVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00390 Fmt 6659 Sfmt 6603 E:\HR\OC\HR459P1.XXX HR459P1

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igin’’ 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. 


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(C) COORDINATION PURPOSE.—The coordination required 

under subparagraphs (A) and (B) shall be designed to— 

(i) ensure that all homeless children and 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 DISABIL- ITIES.—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); 


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389 

(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.— 


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(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 øfiscal 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 øfacilitating 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 youthsø; and¿. 

ø(iii) shall be designed to expand or improve services 

provided as part of a school’s regular academic program, but not to replace such services provided under 

such program.¿ 

* * * * * * * 

(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) * * * 

* * * * * * * 

ø(3) An assurance that the local educational agency’s combined fiscal effort per student, or the aggregate expenditures of 

that agency and the State with respect to the provision of free 

public education by such agency for the fiscal year preceding 

the fiscal year for which the determination is made, was not 

less than 90 percent of such combined fiscal effort or aggregate 

expenditures for the second fiscal year preceding the fiscal year 

for which the determination is made.¿ 

ø(4)¿ (3) An assurance that the applicant complies with, or 

will use requested funds to comply with, paragraphs (3) 

through (7) of section 722(g). 

ø(5)¿ (4) A description of policies and procedures, consistent 

with section 722(e)(3), that the agency will implement to enVerDate Mar 15 2010 10:25 May 01, 2012 Jkt 073976 PO 00000 Frm 00394 Fmt 6659 Sfmt 6601 E:\HR\OC\HR459P1.XXX HR459P1

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sure 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 ø726¿ 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. 

ø(B) The extent to which the application— 

ø(i) reflects coordination with other local and State 

agencies that serve homeless children and youths; and 

ø(ii) describes how the applicant will meet the requirements of section 722(g)(3).¿ 

(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) * * * 

* * * * * * * 

ø(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. 


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(D) The extent to which homeless children and youths 

will be integrated øwithin¿ 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)). 

ø(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 øcase management or related¿ services to unaccompanied youths. 

(J) An assurance that the applicant will meet the requirements of section 722(g)(3). 

ø(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 øchallenging 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 østudents 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 øvocational¿ career and technical 

education, and school nutrition programs). 

(3) Professional development and other activities for educators and øpupil 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 youthsø, and unaccompanied youths,¿, particularly homeless children and youths 


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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 ømedical¿ 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 øpupil¿ 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) * * * 

* * * * * * * 

ø(c) NOTICE.—The Secretary shall, before the next school year 

that begins after the date of enactment of the McKinney-Vento 

Homeless Education Assistance Improvements Act of 2001, create 

and disseminate nationwide a public notice of the educational 

rights of homeless children and youths and disseminate such notice 

to other Federal agencies, programs, and grantees, including Head 

Start grantees, Health Care for the Homeless grantees, Emergency 

Food and Shelter grantees, and homeless assistance programs administered by the Department of Housing and Urban Development.¿ 

(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 øand 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. 


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(e) SUBMISSION AND DISTRIBUTION.—The Secretary shall require 

applications for grants under øthis subtitle¿ section 722 to be submitted to the Secretary not later than the expiration of the ø60- 

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 ø120-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. 

ø(g) GUIDELINES.—The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after the date 

of enactment of the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, school enrollment guidelines for 

States with respect to homeless children and youths. The guidelines shall describe— 

ø(1) successful ways in which a State may assist local educational agencies to immediately enroll homeless children and 

youths in school; and 

ø(2) how a State can review the State’s requirements regarding immunization and medical or school records and make such 

revisions to the requirements as are appropriate and necessary 

in order to enroll homeless children and youths in school immediately.¿ 

(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 øMcKinney-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— 


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(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 ø1309¿ 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 ø9101¿ 5101 of the Elementary and Secondary Education 

Act of 1965. 

* * * * * * * 

øSEC. 726. AUTHORIZATION OF APPROPRIATIONS. 

øFor 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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MINORITY VIEWS 

OVERVIEW

Committee Democrats strongly and unanimously oppose H.R. 

3990. The bill, which was drafted through a completely partisan 

process and without input from the Minority, fails to address the 

needs of school leaders, teachers, and most importantly, students. 

H.R. 3990 shifts much needed resources away from the poorest students, and it fails to provide adequate support for professional development to improve teaching and learning. H.R. 3990 ignores the 

critical role of pre-service training in creating a pool of highly 

trained teachers to enter the classroom. With a sole focus on math 

and reading assessments for accountability purposes, H.R. 3990 

fails to provide programmatic support for literacy or STEM or other 

subjects to provide for a well-rounded curriculum. The bill also 

eliminates wrap-around services, support for before-, after-, and 

summer school, and support for expanded learning time, all of 

which are critical to student learning. Given the urgent need to fix 

current law and to address the fatal flaws of H.R. 3990, Committee 

Democrats offered, at mark-up, a comprehensive substitute to the 

Republican bill that lays out a positive vision for a reauthorization 

that works for students. 

Committee Democrats believe that the reauthorization of NCLB 

must build upon what we have learned over the last 10 years and 

take advantage of and support the advancements that have been 

made in that time. Committee Democrats believe reauthorization 

should lead to the placement of an effective teacher in every classroom and an effective school leader in every school across the country. Federal policy should encourage and support important professional development opportunities for teachers and school leaders. It 

should protect collective bargaining and teacher privacy. Federal 

policy should also support states, districts, and schools in their efforts to provide a well-rounded education to students, and these efforts should take place during the school day as well as before-, 

after- and in summer school. Committee Democrats also believe 

that non-academic factors, such as mental health and counseling 

needs, create barriers to student learning. These barriers affect 

student achievement and, if we truly want students to graduate 

high school and be ready to succeed in college and the workforce, 

federal policy must support states, districts, and schools in their efforts to address the non-academic needs of students. 

H.R. 3990 does not include any of the Democratic priorities for 

reauthorization and fails to move the public education system forward. Unfortunately, by taking this partisan approach, Committee 

Republicans effectively ensure that NCLB will remain the law of 

the land, denying the nation’s students and schools the reforms 

they need to succeed. 

H.R. 3990 FAILS TO SUPPORT TEACHERS AND SCHOOL LEADERS

Federal policy must ensure that every student graduates from 

high school prepared for college and the workforce. In order to 

achieve that goal, every student must have access to an effective 


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teacher. Unfortunately, H.R. 3990 does not increase access to effective teachers. The bill fails to provide support to teachers to ensure 

that they are successful. In addition, H.R. 3990 also fails to ensure 

that we have the most effective school leaders in every school. 

H.R. 3990 requires mandatory evaluation systems for teachers. 

While Committee Democrats believe that fair evaluation systems 

are important for true reform, the bill calls for the creation of systems that are purely punitive in nature. The bill only requires that 

the systems be used for personnel decisions, not for professional development. H.R. 3990 does not support collective bargaining rights 

of teachers, and it does not require states and districts to ensure 

that teachers’ voices are part of system creation and implementation. David Cicarella, President of the New Haven Federation of 

Teachers, at the 2011 hearing entitled ‘‘Education Reforms: Exploring Teacher Quality Initiatives,’’ and Republican witness Ms. 

Felicia Kazmier an Art teacher from Otero Elementary School in 

Colorado Springs, at the February 2012 hearing on H.R. 3990, both 

testified how essential teacher input is to effective system creation 

and implementation. H.R. 3990 also does not take into consideration the working conditions of teachers and leaders, including 

those related to school safety. In addition, the bill does not link the 

evaluation systems with supports to improve teacher performance 

and student learning through professional development, nor does it 

support access to effective teachers for all students. 

H.R. 3990 also fails students by ignoring the very real need for 

principal evaluations. Committee Democrats believe that in order 

for a school to truly benefit students, the entire school system must 

be evaluated, needs must be identified, and professional development must be targeted to address the identified needs. H.R. 3990 

accomplishes none of this. 

H.R. 3990 establishes an arbitrary cap on class size funding. This 

provision ignores very clear research that class size reduction in 

early grades is effective in improving student achievement. The 

first large-scale experiment on small class size was the Tennessee 

Student/Teacher Achievement Ratio (STAR) program. Several studies on the STAR program and other similar class reduction programs confirm substantial academic gains for K–3 students in 

smaller classes compared to students in larger classes. 

H.R. 3990 also eliminates the current law minimum threshold for 

teacher quality by striking the Highly Qualified Teacher definition. 

Current law contains many provisions related to improving teacher 

quality, including the requirement that all students be taught by 

highly qualified teachers. In order to become a highly qualified 

teacher, NCLB requires that teachers possess a baccalaureate degree and a state teaching certificate. Teachers are also required to 

demonstrate content knowledge for the subjects and grades they 

teach. Over the past ten years, research has shown that teacher 

quality is one of the most important factors in student achievement. Current law’s provisions requiring minimum standards for 

teachers prior to entering the classroom were an important step 

forward in improving education for both teachers and students. 

H.R. 3990 undermines this advancement by not only eliminating 

current law requirements, but also by failing to set any new minimum standards for teachers before they enter the classroom. 


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1 Huang, D., Kim, K.S., Marshall, A., & Perez, P. (2005). Keeping kids in school: An LA’s 

BEST example. Los Angeles, CA: National Center for Research on Evaluation, Standards and 

Student Testing, University of California, Los Angeles. http://www.lasbest.org/what/publications/ 

KeepinglKidslinlSchoollExeclSum.pdf; LA’s BEST After School Enrichment Program. 

(2006). Annual Report 2005–2006. Caught up in the act . . . of success. http://www.lasbest.org/ 

what/publications/annuallreports/AR0506-web%5B1%5D.pdf 

H.R. 3990 also arbitrarily eliminates Title II of the Higher Education Act, which provides federal support for high quality teacher 

training. Though improvements must be made to that system, 

stripping funds from the programs that train and educate 95 percent of teachers is not an effective strategy to achieve that goal. 

H.R. 3990 IS FISCALLY IRRESPONSIBLE

H.R. 3990 creates a block grant that is yet another example of 

the Republican failure to learn from the lessons of the past ten 

years and improve upon current law. The bill provides limited 

funding to states and districts to address the needs of students 

ranging from STEM to literacy to the arts to after school activities. 

Block grants are the first step to eliminating programs under the 

guise of increased flexibility for administrators. In addition, block 

grants fail taxpayers because there is no accountability for how 

funds are spent. Block grants make it difficult to collect standardized data and monitor interventions to determine effectiveness. Additionally, under the Republican proposals to eliminate maintenance of effort requirements it is likely that block grant funds will 

only be used to fill the holes left after states re-direct public education dollars to other areas. 

Moreover, block grants spread funding too thin. When there is no 

concentration of resources on a specific area or population, there is 

no observable change. Block grants reduce the ability to demonstrate what programs work and at what funding levels they work 

best. While funding is only a part of the education policy equation, 

spreading money out over multiple education programs disrupts 

the ability to determine how much is the right amount to have an 

effect and under which conditions. 

H.R. 3990 FAILS TO SUPPORT 21ST CENTURY COMMUNITY LEARNING

CENTERS

H.R. 3990 eliminates all dedicated support for additional learning time (including before-, after- and summer school programs, 

and expanded learning time). After-school programs, supported by 

current federal 21st CCLC funding have proved successful in developing the academic, social, emotional, and physical needs as well 

as the interests of students that results in improved student 

achievement. 

For example, in a 20–year UCLA longitudinal study, researchers 

found that LA’s BEST—a program funded in part by 21st CCLC— 

elementary school students in after school who participated for 

three or more years were nearly 20 percent less likely to drop out 

years later than similar students who did not attend LA’s BEST.1

A 2011 UCLA study confirmed the lasting impact of high-quality 

after school programs, showing that students who participated in 

LA’s BEST in their elementary school years demonstrated acaVerDate Mar 15 2010 06:22 May 02, 2012 Jkt 073976 PO 00000 Frm 00402 Fmt 6720 Sfmt 6720 E:\HR\OC\HR459P1.XXX HR459P1

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2 UCLA National Center for Research on Evaluations, Standards, and Student Testing 

(CRESST). (2011). Supporting student success in middle schools: examining the Relationship between elementary afterschool program participation and subsequent middle school attainments. 

Executive summary. 3 Judy Florian, ‘‘Teacher Survey of Standards-Based Instruction: Addressing Time’’ (Aurora, 

CO: Mid-Continent Research for Education and Learning, 1999). 4http://www.americanprogress.org/issues/2010/02/pdf/eltlpolicylbrief.pdf 5Kutash, Duchnowski, & Freidman, 2005; U.S. Department of Health and Human Services, 

1999. 

demic gains in math, science and history.2 After-school programs 

also provide safe learning environments for many low-income students who would otherwise be unsupervised and whose families 

cannot afford needed enrichment opportunities. 

In recent studies of public schools where low income students 

were shown to excel, more instructional time than conventional 

schools or expanded learning time was an essential factor. The 

Mid-continent Research for Education and Learning (McREL), 

found that experienced teachers believed that they needed at least 

20 percent more hours to teach the four core academic subjects— 

English language arts, mathematics, social studies, and science— 

than are available in a standard school year.3

At a 2011 hearing entitled, ‘‘Education in the Nation: Examining 

the Challenges and Opportunities Facing America’s Classrooms’’, 

when asked about the importance of non-academic supports for students and additional learning time, witness Ted Mitchell, CEO and 

President of the NewSchools Venture Fund, said ‘‘In the schools 

where we work, it is no surprise that extending the school day and 

providing some of those kinds of supports, but also the extended 

safe period for kids, has become one of the trends that no one prescribed, but it has just grown up over time. And the research on 

extended learning time that is growing, first out of Massachusetts 

and now in other states, is quite compelling, that extended learning 

time can go a long way to addressing many of those needs.’’ 

In addition, the National Center on Time & Learning found that 

9 in 10 schools considered their longer day and year to be essential 

to meeting their educational goals in a survey of nearly 250 schools 

that feature an expanded schedule.4 H.R. 3990 ignores the research. Instead of improving on current law, the bill moves our 

educational system backwards and fails to meet the needs of students, jeopardizing their future success by removing effective federal policy. 

H.R. 3990 FAILS TO SUPPORT THE NON-ACADEMIC NEEDS OF STUDENTS

H.R. 3990 eliminates all dedicated support for wrap-around services essential to increasing student achievement. A student’s mental, social, or emotional health, including problems such as depression, bullying, or alcohol and substance abuse, can create barriers 

to learning. Such barriers exist for an increasingly large number of 

students. Research clearly shows that students suffering from these 

problems suffer declining test scores and diminished academic 

functioning. An estimated 20 percent of school-age students will experience a significant mental health problem during their school 

years.5 Further, some research suggests that up to 71 percent of 

youth experience at least one victimization event each year (for exVerDate Mar 15 2010 06:22 May 02, 2012 Jkt 073976 PO 00000 Frm 00403 Fmt 6720 Sfmt 6720 E:\HR\OC\HR459P1.XXX HR459P1

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6Finkelhor, Ormrod, Turner, & Hamby, 2005. 

7 Jennings, Pearson, and Harris in 2000. 

8http://www.esa.doc.gov/Reports/stem-good-jobs-now-and-future. 

9http://www.nsf.gov/statistics/seind12/pdf/c01.pdf. 

ample, assault, theft, criminal victimization, or child maltreatment), with many exposed to multiple victimizations.6

In the hearing, ‘‘Education in the Nation: Examining the Challenges and Opportunities Facing America’s Classrooms,’’ on February 10, 2011, when asked if it was important to provide wrap 

around services in schools, Republican witness and Indiana Superintendent of Public Instruction Tony Bennett said, ‘‘So, you know, 

we have to make tough decisions. This goes to that statement 

about marrying fiscal policy and education policy. We have to put 

our money into the things that are going to drive results. And 

these school corporations that have done this around the state of 

Indiana have had to make tough fiscal decisions to provide these 

services for children, but they have made a difference in the lives 

of those children.’’ H.R. 3990 fails to invest in the services that are 

successful and drive results. 

Students show improved outcomes when they have access to 

school-based mental health services. Research shows that students 

who have access to and receive social, emotional, and behavioral 

health support demonstrate better grades and standardized test 

scores.7 In addition, school mental health programs have been 

shown to decrease absences and discipline referrals. 

Unfortunately, H.R. 3990 again ignores the research. By failing 

to provide dedicated support for wrap-around service, the bill fails 

to recognize the very real needs of students, fails to acknowledge 

and support what is actually working on the ground, and undermines the ability of schools to meet the needs of their students. 

H.R. 3990 FAILS TO SUPPORT A WELL-ROUNDED EDUCATION FOR

STUDENTS

One of the criticisms commonly heard about No Child Left Behind is that it forced schools to narrow their curriculum. Despite 

these criticisms, H.R. 3990 eliminates all dedicated support for critical programs addressing STEM, literacy, and other subject matter 

that provide for a well-rounded education. A number of interventions and practices have been shown to increase student literacy 

skills; school districts just need the support to scale up best practices and implement them in the classroom. With federal support, 

46 states are already working to implement comprehensive literacy 

strategies to strengthen our students’ ability to compete in the 21st 

century economy. Unfortunately, H.R. 3990 eliminates support for 

literacy and once again fails to acknowledge what is actually needed and what is working in schools. 

STEM occupations are projected to grow by 17 percent from 2008 

to 2018, compared to 9.8 percent growth for non-STEM occupations.8 Committee Democrats believe that federal policy must keep 

pace with the increased demand for STEM occupations. Dedicated 

resources to STEM education have already led to increases in student achievement. From 1990 to 2007, average mathematics scores 

increased by 27 points for fourth graders.9 However, when compared to other nations, the math and science achievement of U.S. 


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pupils and the rate of STEM degree attainment appear inconsistent with a nation considered the world leader in scientific innovation. According to the 2009 Programme for International Student 

Assessment, out of 34 countries, the U.S. ranked 14th in reading, 

17th in science and 25th in math. H.R. 3990 does nothing to increase student achievement in STEM subjects. It ignores the very 

real need to support STEM learning in order to graduate students 

who will be competitive in STEM careers. 

Instead of taking steps forward to support innovative and effective reform, H.R. 3990 once again undermines the needs of America’s students, fails to improve on current law, and fails to provide 

support for literacy, STEM, and other subjects such as art, history, 

economics, and much more. 

BROAD OPPOSITION TO H.R. 3990

H.R. 3990 was opposed by a broad array of education organizations. Some of the groups in opposition include: the Education 

Trust, the Consortium for Citizens with Disabilities, the National 

PTA, the Council for Exceptional Children, the National Education 

Association, the National Association of Elementary School Principles, the National Association of Secondary School Principals, the 

American Federation of Teachers, First Focus, the Council of the 

Great City Schools, the STEM Ed Coalition, the National Association of School Psychologists, the Coalition for Teacher Quality, and 

the Afterschool Alliance. 

Additionally, the Congressional Black Caucus, the Congressional 

Hispanic Caucus, and the Congressional Asian Pacific American 

Caucus wrote a letter in opposition to H.R. 3990 citing ‘‘the potentially grave consequences’’ of this bill on students and communities. 

DEMOCRATIC VISION FOR ESEA REAUTHORIZATION—SUBSTITUTE

AMENDMENT

Due to the detrimental effect H.R. 3990 would have on school 

leaders, teachers, and students, Democrats offered a complete substitute amendment that struck all of H.R. 3990 and updated Title 

II, Title IV, and Part D of Title V of current law. This amendment 

would provide for effective and supported teachers in every classroom; give students access to a well-rounded education; and provide 

students with the non-academic supports they need to come to 

class ready to learn and achieve. 

Effective teachers and leaders 

Research is clear that the most important factor in the education 

of a child is his or her teacher, followed closely behind by the principal. NCLB, for the first time, addressed issues of teacher quality, 

with the goal of ensuring that teachers meet minimum standards 

before entering the classroom. Much has been learned about teacher quality since NCLB was signed into law. Though today the national debate centers on teacher and school leader effectiveness and 

outputs, 10 years ago the data capacity did not even exist to have 

those conversations. Committee Democrats believe that the reauthorization of NCLB must build on what we have learned about 

teachers and leaders over the last 10 years and utilize the advanceVerDate Mar 15 2010 06:22 May 02, 2012 Jkt 073976 PO 00000 Frm 00405 Fmt 6720 Sfmt 6720 E:\HR\OC\HR459P1.XXX HR459P1

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ments made on data capacity at the state, district and school level 

to improve teaching and learning. 

The Democratic substitute supports teacher and principal evaluation systems to ensure teachers and leaders are receiving quality 

evaluations that integrate targeted support and opportunities to 

improve. Committee Democrats believe that teacher evaluation systems should be developed with teachers and school leaders, protect 

collective bargaining rights, protect the privacy of teachers, and include multiple measures of student achievement and classroom 

practice. Teacher evaluation is also part of the Administration’s 

NCLB waiver package that 11 states are implementing and for 

which another 26 states have applied. 

The Democratic substitute also requires local education agencies 

to develop and implement an assessment of educator supports and 

working conditions to ensure teachers and school leaders are given 

the best opportunity to succeed with students. The assessment 

would evaluate educator supports, such as access to quality professional development and instructional materials, timely access to 

data, professional growth opportunities, and strong instructional 

leadership. It would also evaluate working conditions such as 

school climate, safety, and opportunities to collaborate. Districts 

would need to develop a plan to address shortfalls and annually report on that plan. Additionally, the assessment and corresponding 

plan would be developed with teachers and school leaders. 

The Democratic substitute puts the needs of students first by requiring states and districts to address the equitable distribution of 

effective teachers and school leaders to ensure they reach the students that need them the most. States and districts would be required to develop and implement a plan to ensure students are 

taught and schools are led by effective teachers and school leaders 

at equal rates across a district. 

The Democratic substitute also restores Title II of the Higher 

Education Act. Committee Democrats update the program to ensure that teachers are prepared to teach students to new college 

and career ready standards. Committee Democrats also would have 

required states to establish a data system link between districts 

and pre-service programs to support data sharing. Such a link 

would have provided aggregated student performance information 

back to schools of education and other pre-service programs to support their improvement. 

Eliminating the block grant in H.R. 3990 

The Democratic substitute amendment restores fiscal responsibility and support for essential student services by eliminating the 

Republican block grant and providing for five dedicated funding 

streams for consolidated programs, including: 21st Century Community Learning Partnerships, non-academic support services to 

students, literacy programs, STEM programs, and funding for a 

well-rounded education. 

21st Century Community Learning partnerships 

The Democratic substitute addresses the need of districts, 

schools, and students by improving the 21st Century Community 

Learning Centers program (21st CCLC) and providing formula 


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10http://nationsreportcard.gov/readingl2009 (accessed March 1, 2011). 

funding to states, and competitive grants to partnerships of local 

educational agencies and community-based organizations to support before-, after-, and summer school programs, as well as expanded learning time opportunities. Committee Democrats firmly 

believe that decisions should be made at the local level on whether 

to use the funds for before-, after-, or summer school programs, or 

expanded learning time activities based on an assessment of needs 

in the schools that would be served. The need to engage and support more students is urgent. Now more than ever, we need to be 

providing students with additional learning time to achieve a highquality education and skills that meet the needs of the 21st Century. 

Non-academic supports for students 

The Democratic substitute to H.R. 3990 ensured that schools 

would have the funds necessary to support key wrap-around services necessary for students to succeed in school. The Democratic 

substitute amendment provides formula funding to states, and 

competitive grants to local educational agencies to support programs and services to address school safety, the prevalence of substance abuse, the unmet needs of youth in danger of juvenile delinquency and gang activity, the need for specialized instructional 

support personnel, and the prevalence of student health needs (including mental health and nutrition). The Democratic substitute 

recognizes that if States and local educational agencies are to be 

held accountable for student achievement, they must also have access to a dedicated funding stream to address the non-academic 

needs of students. 

Support for a well-rounded education 

The Democratic substitute supports a well-rounded education for 

students, ensuring that students have access to high-quality literacy, and STEM curriculum and teachers. Committee Democrats 

believe it is unacceptable that American fifteen-year-olds rank fourteenth among developed nations in reading, lagging behind such 

countries as Poland, Iceland, and Estonia.10 The Democratic substitute recognizes that reading and writing are absolutely critical 

to a student’s education, and to the nation’s economy. The substitute provides funds to implement state literacy plans and provides support for professional development, curriculum, assessments and other academic supports. 

Concern about America’s ability to be competitive in the global 

economy has also led to a number of calls to action to strengthen 

the STEM pipeline. The Democratic substitute answers that call 

and focuses on graduating students prepared for college and careers in STEM occupations. The Democratic substitute recognizes 

the enormous need for STEM education in this country and creates 

a comprehensive program for STEM education from birth through 

grade 12. Schools could implement STEM programs, develop curriculum, or assessments, or professional development activities for 

mathematics, statistics, science, computer science, or engineering. 


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11http://www.nsf.gov/statistics/seind12/pdf/c01.pdf. 

In 2007, about 20% of all public middle and high school mathematics and science teachers were novice teachers. Novice STEM 

teachers disproportionately teach in high-minority schools: 22% of 

mathematics teachers and 25% of science teachers were novices, 

compared with 13% and 15% in low-minority schools.11 The Democratic Substitute addresses this inequality by creating a STEM 

Master Teacher Corps that will attract, improve, and retain teachers who teach STEM subjects in high need schools. 

The Democratic substitute also provides support beyond literacy 

and STEM so that students have access to diverse subject areas including American History, Civics, and Geography, Economics, Entrepreneurship, Financial Literacy Education programs, Foreign 

Languages, Arts, and Javits Gifted and Talented programs. 

Committee Democrats also recognize that it is hard for states 

and districts to compete for numerous small pots of funding so the 

Substitute allows for consolidated applications to reduce administrative burden and bureaucracy. The Democratic substitute also 

provides funds for a national competition for nonprofit organizations with demonstrated expertise in specific content areas, such as 

the National Writing Project, Ready to Learn, Reach Out and Read, 

and others. These funds would be used for professional development, curriculum, assessments, and other important academic supports. 

CONCLUSION

H.R. 3990 ignores the needs of teachers, students, schools and 

communities. The bill fails to provide support and professional development activities to teachers and principals. H.R. 3990 also disregards important research on the need for targeted services to students for specific subject matter and for other non-academic needs. 

Instead of learning from the past and improving No Child Left Behind, H.R. 3990 moves the public education system backwards, 

hurting our students, and our ability to compete in the global economy. That is why H.R. 3990 is opposed by so many education 

stakeholders. 

Committee Democrats are committed to strengthening our country’s education system by improving current law and moving our 

students forward. Committee Democrats believe that every student 

deserves an effective teacher and that the federal government has 

a responsibility to support that goal and provide teachers and leaders with the support they need to graduate our students prepared 

for college and the workforce. Committee Democrats also believe 

that while there is a need for consolidation of small grant programs, the federal government must not lose sight of what students need and what programs work. Federal policy should continue dedicated support for literacy, STEM, and other subject matter areas so that students have access to a broad education. Schools 

also need support for additional learning time, including before-, 

after- and summer school programs, as well as expanded learning 

time so that teachers have time to teach and students have time 

to learn. Federal education policy should also support services to 

address the non-academic needs of students. After 10 years, ComVerDate Mar 15 2010 06:22 May 02, 2012 Jkt 073976 PO 00000 Frm 00408 Fmt 6720 Sfmt 6720 E:\HR\OC\HR459P1.XXX HR459P1

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mittee Democrats believe that states, districts, and schools have 

given us a much clearer picture of what they need to succeed. Instead of moving forward with partisan bills like H.R. 3989 and 

H.R. 3990 that fail to support state and local education reform, it 

is time for Congress to reauthorize the Elementary and Secondary 

Education Act based on research and what we know works. 

GEORGE MILLER. 

TIMOTHY H. BISHOP. 

MARCIA L. FUDGE. 

RAU ́ L M. GRIJALVA. 

LYNN C. WOOLSEY. 

JOHN F. TIERNEY. 

MAZIE K. HIRONO. 

ROBERT C. ‘‘BOBBY’’ SCOTT. 

DAVID LOEBSACK. 

JASON ALTMIRE. 

DENNIS J. KUCINICH. 

RUBE ́ N HINOJOSA. 

ROBERT E. ANDREWS. 

CAROLYN MCCARTHY. 

SUSAN A. DAVIS. 

RUSH D. HOLT. 

Æ 


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