II 

113TH CONGRESS 

1ST SESSION S. 1094 

To amend the Elementary and Secondary Education Act of 1965, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2013 

Mr. HARKIN (for himself, Ms. MIKULSKI, Mrs. MURRAY, Mr. SANDERS, Mr. 

CASEY, Mrs. HAGAN, Mr. FRANKEN, Mr. BENNET, Mr. WHITEHOUSE, 

Ms. BALDWIN, Mr. MURPHY, and Ms. WARREN) introduced the following 

bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening Amer5 ica’s Schools Act of 2013’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 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. 


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Sec. 5. Effective dates. 

Sec. 6. Table of contents of the Elementary and Secondary Education Act of 

1965. 

Sec. 7. Authorization of appropriations. 

TITLE I—COLLEGE AND CAREER READINESS FOR ALL 

STUDENTS 

Sec. 1001. Purpose. 

Sec. 1002. State reservations. 

PART A—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Sec. 1111. State and local requirements. 

Sec. 1112. Local educational agency plans. 

Sec. 1113. Eligible school attendance areas. 

Sec. 1114. Schoolwide programs. 

Sec. 1115. Targeted assistance schools. 

Sec. 1116. School performance. 

Sec. 1117. Qualifications for teachers and paraprofessionals. 

Sec. 1118. Parent and family engagement. 

Sec. 1119. Technical correction regarding complaint process for section 1119. 

Sec. 1120. Comparability of services. 

Sec. 1121. Coordination requirements. 

Sec. 1122. Grants for the outlying areas and the Secretary of the Interior. 

Sec. 1123. Allocations to States. 

Sec. 1124. Education finance incentive grant program. 

Sec. 1125. Blue ribbon schools; centers for excellence in early childhood. 

Sec. 1126. Grants for State assessments and related activities. 

PART B—PATHWAYS TO COLLEGE

Sec. 1201. Improving secondary schools. 

PART C—EDUCATION OF MIGRATORY CHILDREN

Sec. 1301. Program purpose. 

Sec. 1302. Program authorized. 

Sec. 1303. State allocations. 

Sec. 1304. State applications; services. 

Sec. 1305. Secretarial approval; peer review. 

Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities. 

Sec. 1307. Bypass. 

Sec. 1308. National activities. 

Sec. 1309. Performance data; evaluations and study; State assistance. 

Sec. 1310. Definitions. 

PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND

YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK

Sec. 1401. Purpose and program authorization. 

Sec. 1402. Allocation of funds. 

Sec. 1403. State plan and State agency applications. 

Sec. 1404. Use of funds. 

Sec. 1405. Institution-wide projects. 


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Sec. 1406. Transition services. 

Sec. 1407. Program evaluation. 

Sec. 1408. Purpose of local agency programs. 

Sec. 1409. Programs operated by local educational agencies. 

Sec. 1410. Local educational agency applications. 

Sec. 1411. Uses of funds. 

Sec. 1412. Program requirements for correctional facilities receiving funds 

under this section. 

Sec. 1413. Accountability. 

Sec. 1414. Program evaluations. 

Sec. 1415. Definitions. 

PART E—EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE

Sec. 1501. Educational stability of children in foster care. 

PART F—GENERAL PROVISIONS

Sec. 1601. Reorganization. 

TITLE II—SUPPORTING TEACHER AND PRINCIPAL EXCELLENCE 

Sec. 2101. Supporting teacher and principal excellence. 

TITLE III—LANGUAGE AND ACADEMIC CONTENT INSTRUCTION 

FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS 

Sec. 3001. Language and academic content instruction for English learners and 

immigrant students. 

TITLE IV—SUPPORTING SUCCESSFUL, WELL-ROUNDED 

STUDENTS 

Sec. 4101. Redesignations. 

Sec. 4102. Improving literacy instruction and student achievement. 

Sec. 4103. Improving science, technology, engineering, and math instruction 

and student achievement. 

Sec. 4104. Increasing access to a well-rounded education. 

Sec. 4105. Successful, safe, and healthy students. 

Sec. 4106. Student non-discrimination. 

Sec. 4107. 21st Century Community Learning Centers. 

Sec. 4108. Promise neighborhoods. 

Sec. 4109. Parent and family information and resource centers. 

Sec. 4110. Programs of national significance. 

Sec. 4111. Competency-based assessment and accountability demonstration authority. 

TITLE V—PROMOTING INNOVATION 

Sec. 5001. Promoting innovation. 

PART A—RACE TO THE TOP

Sec. 5101. Race to the Top. 

PART B—INVESTING IN INNOVATION

Sec. 5201. Investing in innovation. 


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PART C—MAGNET SCHOOLS ASSISTANCE

Sec. 5301. Findings and purpose. 

Sec. 5302. Program authorized. 

Sec. 5303. Applications and requirements. 

Sec. 5304. Priority. 

Sec. 5305. Use of funds. 

Sec. 5306. Limitations. 

Sec. 5307. Evaluations. 

Sec. 5308. Availability of funds for grants to agencies not previously assisted. 

PART D—PUBLIC CHARTER SCHOOLS

Sec. 5401. Public charter schools. 

PART E—VOLUNTARY PUBLIC SCHOOL CHOICE

Sec. 5501. Voluntary public school choice. 

TITLE VI—PROMOTING FLEXIBILITY; RURAL EDUCATION 

Sec. 6101. Promoting flexibility. 

Sec. 6102. Rural education. 

Sec. 6103. General provisions. 

TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE 

EDUCATION 

PART A—INDIAN EDUCATION

Sec. 7101. Purpose. 

SUBPART 1—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

Sec. 7111. Formula grant purpose. 

Sec. 7112. Grants to local educational agencies, tribes, and Indian organizations. 

Sec. 7113. Amount of grants. 

Sec. 7114. Applications. 

Sec. 7115. Authorized services and activities. 

Sec. 7116. Integration of services authorized. 

Sec. 7117. Student eligibility forms. 

SUBPART 2—SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL

OPPORTUNITIES FOR INDIAN CHILDREN AND YOUTH

Sec. 7121. Special programs and projects to improve educational opportunities 

for Indian children and youth. 

Sec. 7122. Improvement of educational opportunities for Indian children and 

youth. 

Sec. 7123. Professional development for teachers and education professionals. 

SUBPART 3—NATIONAL ACTIVITIES

Sec. 7131. National activities. 

Sec. 7132. Grants to tribes for education administrative planning and development. 

SUBPART 4—FEDERAL ADMINISTRATION


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Sec. 7141. National Advisory Council on Indian Education. 

SUBPART 5—DEFINITIONS; AUTHORIZATION OF APPROPRIATIONS

Sec. 7151. Definitions; authorization of appropriations. 

PART B—NATIVE HAWAIIAN EDUCATION; ALASKA NATIVE EDUCATION

Sec. 7201. Native Hawaiian education and Alaska Native education. 

SUBPART 1—NATIVE HAWAIIAN EDUCATION

Sec. 7202. Findings. 

Sec. 7203. Purposes. 

Sec. 7204. Native Hawaiian Education Council. 

Sec. 7205. Program authorized. 

Sec. 7206. Administrative provisions. 

Sec. 7207. Definitions. 

SUBPART 2—ALASKA NATIVE EDUCATION

Sec. 7301. Alaska Native education. 

TITLE VIII—IMPACT AID 

Sec. 8001. Purpose. 

Sec. 8002. Payments relating to Federal acquisition of real property. 

Sec. 8003. Payments for eligible federally connected children. 

Sec. 8004. Construction. 

Sec. 8005. Facilities. 

Sec. 8006. Federal administration. 

Sec. 8007. Definitions. 

Sec. 8008. Conforming amendment. 

Sec. 8009. Eligibility for impact aid payment. 

Sec. 8010. Repeal of sunset under the NDAA amendments to Impact Aid. 

TITLE IX—GENERAL PROVISIONS 

Sec. 9101. Definitions. 

Sec. 9102. Unsafe school choice option. 

Sec. 9103. Evaluation authority. 

Sec. 9104. Conforming amendments. 

TITLE X—COMMISSION ON EFFECTIVE REGULATION AND 

ASSESSMENT SYSTEMS FOR PUBLIC SCHOOLS 

Sec. 10011. Short title. 

Sec. 10012. Definitions. 

Sec. 10013. Establishment of Commission on Effective Regulation and Assessment Systems for Public Schools. 

Sec. 10014. Powers of the Commission. 

Sec. 10015. Duties of the Commission. 

Sec. 10016. Commission personnel matters. 

TITLE XI—AMENDMENTS TO OTHER LAWS; MISCELLANEOUS 

PROVISIONS 

PART A—AMENDMENTS TO OTHER LAWS


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SUBPART 1—MCKINNEY-VENTO HOMELESS ASSISTANCE ACT

Sec. 11011. Short title. 

Sec. 11012. Education for homeless children and youth. 

SUBPART 2—ADVANCED RESEARCH PROJECTS AGENCY-EDUCATION

Sec. 11021. Advanced Research Projects Agency-Education. 

PART B—MISCELLANEOUS PROVISIONS

Sec. 11211. Technical and conforming amendments. 

1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of the Elementary and Sec7 ondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 

8 SEC. 4. TRANSITION. 

9 (a) MULTI-YEAR AWARDS.—Except as otherwise pro10 vided in this Act, the recipient of a multi-year award 

11 under the Elementary and Secondary Education Act of 

12 1965, as that Act was in effect prior to the date of enact13 ment of this Act, shall continue to receive funds in accord14 ance with the terms of that award, except that no addi15 tional funds may be awarded after September 30, 2014. 

16 In the case of a State that received a flexibility waiver 

17 from the Secretary of Education under the authority of 

18 section 9401 of the Elementary and Secondary Education 

19 Act of 1965 (20 U.S.C. 7861), as such section was in ef20 fect on the day before the date of enactment of this Act, 


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1 such waiver shall no longer apply, and no additional funds 

2 associated with such waiver shall be awarded, after the 

3 completion of the original waiver period. 

4 (b) PLANNING AND TRANSITION.—Notwithstanding 

5 any other provision of law, a recipient of funds under the 

6 Elementary and Secondary Education Act of 1965, as that 

7 Act was in effect prior to the date of enactment of this 

8 Act, may use funds available to the recipient under that 

9 predecessor authority to carry out necessary and reason10 able planning and transition activities in order to ensure 

11 an orderly implementation of programs authorized by this 

12 Act, and the amendments made by this Act. 

13 (c) ORDERLY TRANSITION.—The Secretary shall take 

14 such steps as are necessary to provide for the orderly tran15 sition to, and implementation of, programs authorized by 

16 this Act, and by the amendments made by this Act, from 

17 programs authorized by the Elementary and Secondary 

18 Education Act of 1965, as that Act was in effect prior 

19 to the date of enactment of this Act except in such cases 

20 where this Act requires specific transition steps to take 

21 place. 

22 SEC. 5. EFFECTIVE DATES. 

23 (a) IN GENERAL.—Except as otherwise provided in 

24 this Act, this Act, and the amendments made by this Act, 

25 shall be effective upon the date of enactment of this Act. 


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1 (b) NONCOMPETITIVE PROGRAMS.—With respect to 

2 noncompetitive programs under which any funds are allot3 ted by the Secretary of Education to recipients on the 

4 basis of a formula, this Act, and the amendments made 

5 by this Act, shall take effect on July 1, 2013. 

6 (c) COMPETITIVE PROGRAMS.—With respect to pro7 grams that are conducted by the Secretary on a competi8 tive basis, this Act, and the amendments made by this Act, 

9 shall take effect with respect to appropriations for use 

10 under those programs for fiscal year 2014. 

11 (d) IMPACT AID.—With respect to title VIII (Impact 

12 Aid), this Act, and the amendments made by this Act, 

13 shall take effect with respect to appropriations for use 

14 under that title for fiscal year 2014. 

15 SEC. 6. TABLE OF CONTENTS OF THE ELEMENTARY AND 

16 SECONDARY EDUCATION ACT OF 1965. 

17 Section 2 is amended to read as follows: 

18 ‘‘SEC. 2. TABLE OF CONTENTS. 

19 ‘‘The table of contents for this Act is as follows: 

‘‘Sec. 1. Short title. 

‘‘Sec. 2. Table of contents. 

‘‘Sec. 3. Authorization of appropriations. 

‘‘TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 

DISADVANTAGED 

‘‘Sec. 1001. Purpose. 

‘‘Sec. 1002. State administration and State accountability and support. 

‘‘PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL

AGENCIES

‘‘SUBPART 1—BASIC PROGRAM REQUIREMENTS


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‘‘Sec. 1111. State and local requirements. 

‘‘Sec. 1112. Local educational agency plans. 

‘‘Sec. 1113. Eligible school attendance areas. 

‘‘Sec. 1114. Schoolwide programs. 

‘‘Sec. 1115. Targeted assistance schools. 

‘‘Sec. 1116. School performance. 

‘‘Sec. 1117. Qualifications for teachers and paraprofessionals. 

‘‘Sec. 1118. Parent and family engagement. 

‘‘Sec. 1119. Participation of children enrolled in private schools. 

‘‘Sec. 1120. Fiscal requirements. 

‘‘Sec. 1120A. Coordination requirements. 

‘‘SUBPART 2—ALLOCATIONS

‘‘Sec. 1121. Grants for the outlying areas and the Secretary of the Interior. 

‘‘Sec. 1122. Allocations to States. 

‘‘Sec. 1124. Basic grants to local educational agencies. 

‘‘Sec. 1124A. Concentration grants to local educational agencies. 

‘‘Sec. 1125. Targeted grants to local educational agencies. 

‘‘Sec. 1125AA. Adequacy of funding of targeted grants to local educational 

agencies in fiscal years after fiscal year 2001. 

‘‘Sec. 1125A. Education finance incentive grant program. 

‘‘Sec. 1126. Special allocation procedures. 

‘‘SUBPART 3—BLUE RIBBON SCHOOLS; CENTERS OF EXCELLENCE IN EARLY

CHILDHOOD; GREEN RIBBON SCHOOLS. 

‘‘Sec. 1131. Blue ribbon schools. 

‘‘Sec. 1132. Centers of excellence in early childhood. 

‘‘Sec. 1133. Green ribbon schools. 

‘‘SUBPART 4—GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES. 

‘‘Sec. 1141. Grants for State assessments and related activities. 

‘‘PART B—PATHWAYS TO COLLEGE

‘‘SUBPART 1—IMPROVING SECONDARY SCHOOLS

‘‘Sec. 1201. Secondary school reform. 

‘‘SUBPART 2—ACCELERATED LEARNING

‘‘Sec. 1221. Purposes. 

‘‘Sec. 1222. Funding distribution rule. 

‘‘Sec. 1223. Advanced Placement and International Baccalaureate examination 

fee program. 

‘‘Sec. 1224. Advanced Placement and International Baccalaureate incentive 

program grants. 

‘‘Sec. 1225. Supplement, not supplant. 

‘‘Sec. 1226. Definitions. 

‘‘PART C—EDUCATION OF MIGRATORY CHILDREN

‘‘Sec. 1301. Program purpose. 

‘‘Sec. 1302. Program authorized. 

‘‘Sec. 1303. State allocations. 

‘‘Sec. 1304. State applications; services. 


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‘‘Sec. 1305. Secretarial approval; peer review. 

‘‘Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities. 

‘‘Sec. 1307. Bypass. 

‘‘Sec. 1308. National activities. 

‘‘Sec. 1309. Performance data. 

‘‘Sec. 1310. Evaluation and study. 

‘‘Sec. 1311. State assistance in determining number of migratory children. 

‘‘Sec. 1312. Definitions. 

‘‘PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND

YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK

‘‘Sec. 1401. Purpose and program authorization. 

‘‘Sec. 1402. Payments for programs under this part. 

‘‘SUBPART 1—STATE AGENCY PROGRAMS

‘‘Sec. 1411. Eligibility. 

‘‘Sec. 1412. Allocation of funds. 

‘‘Sec. 1413. State reallocation of funds. 

‘‘Sec. 1414. State plan and State agency applications. 

‘‘Sec. 1415. Use of funds. 

‘‘Sec. 1416. Institution-wide projects. 

‘‘Sec. 1417. Three-year programs or projects. 

‘‘Sec. 1418. Transition services. 

‘‘Sec. 1419. Program evaluation. 

‘‘SUBPART 2—LOCAL AGENCY PROGRAMS

‘‘Sec. 1421. Purpose. 

‘‘Sec. 1422. Programs operated by local educational agencies. 

‘‘Sec. 1423. Local educational agency applications. 

‘‘Sec. 1424. Uses of funds. 

‘‘Sec. 1425. Program requirements for correctional facilities receiving funds 

under this section. 

‘‘Sec. 1426. Accountability. 

‘‘SUBPART 3—GENERAL PROVISIONS

‘‘Sec. 1431. Program evaluations. 

‘‘Sec. 1432. Definitions. 

‘‘PART E—EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE

‘‘Sec. 1501. Educational stability of children in foster care. 

‘‘Sec. 1502. Definitions. 

‘‘PART F—GENERAL PROVISIONS

‘‘Sec. 1601. Federal regulations. 

‘‘Sec. 1602. Agreements and records. 

‘‘Sec. 1603. State administration. 

‘‘Sec. 1604. Local educational agency spending audits. 

‘‘Sec. 1605. Prohibition against Federal mandates, direction, or control. 

‘‘Sec. 1606. Rule of construction on equalized spending. 

‘‘Sec. 1607. State report on dropout data. 

‘‘Sec. 1608. Regulations for sections 1111 and 1116. 


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‘‘TITLE II—SUPPORTING TEACHER AND PRINCIPAL EXCELLENCE 

‘‘PART A—CONTINUOUS IMPROVEMENT AND SUPPORT FOR TEACHERS AND

PRINCIPALS

‘‘Sec. 2101. Purpose. 

‘‘Sec. 2102. Definitions. 

‘‘SUBPART 1—GRANTS TO STATES

‘‘Sec. 2111. Allotments to States. 

‘‘Sec. 2112. State applications. 

‘‘Sec. 2113. State use of funds. 

‘‘SUBPART 2—SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES

‘‘Sec. 2121. Allocations to local educational agencies. 

‘‘Sec. 2122. Local applications and needs assessment. 

‘‘Sec. 2123. Local use of funds. 

‘‘SUBPART 3—NATIONAL LEADERSHIP ACTIVITIES

‘‘Sec. 2131. National leadership activities. 

‘‘Sec. 2132. Gifted and talented students. 

‘‘SUBPART 4—ACCOUNTABILITY

‘‘Sec. 2141. Accountability. 

‘‘SUBPART 5—PRINCIPAL RECRUITMENT AND TRAINING

‘‘Sec. 2151. Principal recruitment and training grant program. 

‘‘PART B—TEACHER PATHWAYS TO THE CLASSROOM

‘‘Sec. 2201. Teacher Pathways. 

‘‘PART C—TEACHER INCENTIVE FUND PROGRAM

‘‘Sec. 2301. Purposes; definitions. 

‘‘Sec. 2302. Teacher incentive fund grants. 

‘‘PART D—ACHIEVEMENT THROUGH TECHNOLOGY AND INNOVATION

‘‘Sec. 2401. Short title. 

‘‘Sec. 2402. Purposes and goals. 

‘‘Sec. 2403. Definitions. 

‘‘Sec. 2404. Allocation of funds; limitation. 

‘‘Sec. 2405. E-rate restriction. 

‘‘Sec. 2406. Rule of construction regarding purchasing. 

‘‘SUBPART 1—STATE AND LOCAL GRANTS

‘‘Sec. 2411. Allotment and reallotment. 

‘‘Sec. 2412. Use of allotment by State. 

‘‘Sec. 2413. State applications. 

‘‘Sec. 2414. State activities. 

‘‘Sec. 2415. Local applications. 

‘‘Sec. 2416. Local activities. 

‘‘Sec. 2417. Reporting. 


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‘‘SUBPART 2—INTERNET SAFETY

‘‘Sec. 2421. Internet safety. 

‘‘TITLE III—LANGUAGE AND ACADEMIC CONTENT INSTRUCTION 

FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS 

‘‘PART A—ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, 

AND ACADEMIC ACHIEVEMENT ACT

‘‘Sec. 3101. Short title. 

‘‘Sec. 3102. Purposes. 

‘‘SUBPART 1—GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION

AND LANGUAGE ENHANCEMENT

‘‘Sec. 3111. Formula grants to States. 

‘‘Sec. 3112. Native American and Alaska Native children in school. 

‘‘Sec. 3113. State educational agency plans. 

‘‘Sec. 3114. Within-State allocations. 

‘‘Sec. 3115. Subgrants to eligible entities. 

‘‘Sec. 3116. Local plans. 

‘‘SUBPART 2—ACCOUNTABILITY AND ADMINISTRATION

‘‘Sec. 3121. Local evaluation and accountability. 

‘‘Sec. 3122. State accountability. 

‘‘Sec. 3123. Reporting requirements. 

‘‘Sec. 3124. Coordination with related programs. 

‘‘Sec. 3125. Rules of construction. 

‘‘Sec. 3126. Legal authority under State law. 

‘‘Sec. 3127. Civil rights. 

‘‘Sec. 3128. Programs for Native Americans and Puerto Rico. 

‘‘Sec. 3129. Prohibition. 

‘‘SUBPART 3—NATIONAL ACTIVITIES

‘‘Sec. 3131. Professional development grants. 

‘‘Sec. 3132. Commission on Assessment of English Learners. 

‘‘Sec. 3133. English language acquisition technology innovation grants. 

‘‘PART B—GENERAL PROVISIONS

‘‘Sec. 3201. Definitions. 

‘‘Sec. 3202. Parental notification. 

‘‘Sec. 3203. National Clearinghouse. 

‘‘Sec. 3204. Regulations. 

‘‘TITLE IV—SUPPORTING SUCCESSFUL, WELL-ROUNDED 

STUDENTS 

‘‘PART A—IMPROVING LITERACY INSTRUCTION AND STUDENT ACHIEVEMENT

‘‘SUBPART 1—IMPROVING LITERACY INSTRUCTION

‘‘Sec. 4101. Short title. 

‘‘Sec. 4102. Purposes. 

‘‘Sec. 4103. Definitions. 

‘‘Sec. 4104. Program authorized. 


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‘‘Sec. 4105. State planning grants. 

‘‘Sec. 4106. State implementation grants. 

‘‘Sec. 4107. State activities. 

‘‘Sec. 4108. Subgrants to eligible entities in support of birth through kindergarten entry literacy. 

‘‘Sec. 4109. Subgrants to eligible entities in support of kindergarten through 

grade 12 literacy. 

‘‘Sec. 4110. National evaluation, information dissemination, and technical assistance. 

‘‘Sec. 4111. Rules of construction. 

‘‘SUBPART 2—IMPROVING LITERACY AND COLLEGE AND CAREER READINESS

THROUGH EFFECTIVE SCHOOL LIBRARY PROGRAMS

‘‘Sec. 4113. Purpose. 

‘‘Sec. 4114. Definitions. 

‘‘Sec. 4115. Improving literacy and college and career readiness through effective school library program grants. 

‘‘PART B—IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND

MATHEMATICS INSTRUCTION AND STUDENT ACHIEVEMENT

‘‘SUBPART 1—IMPROVING STEM INSTRUCTION AND STUDENT ACHIEVEMENT

‘‘Sec. 4201. Purpose. 

‘‘Sec. 4202. Definitions. 

‘‘Sec. 4203. Grants; allotments. 

‘‘Sec. 4204. Applications. 

‘‘Sec. 4205. Authorized activities. 

‘‘Sec. 4206. Performance metrics; report. 

‘‘Sec. 4207. Evaluation. 

‘‘Sec. 4208. Supplement not supplant. 

‘‘Sec. 4209. Maintenance of effort. 

‘‘SUBPART 2—STEM MASTER TEACHER CORPS PROGRAM

‘‘4221. Purpose. 

‘‘4222. Definitions. 

‘‘4223. STEM Master Teacher Corps program. 

‘‘4224. Application. 

‘‘4225. Required use of funds. 

‘‘4226. Performance metrics; reports. 

‘‘4227. Supplement not supplant. 

‘‘4228. Evaluation. 

‘‘PART C—INCREASING ACCESS TO A WELL-ROUNDED EDUCATION AND

FINANCIAL LITERACY

‘‘SUBPART 1—INCREASING ACCESS TO A WELL-ROUNDED EDUCATION

‘‘Sec. 4301. Purpose. 

‘‘Sec. 4302. Definitions. 

‘‘Sec. 4303. Grant program. 

‘‘SUBPART 2—FINANCIAL LITERACY EDUCATION

‘‘Sec. 4311. Short title. 

‘‘Sec. 4312. Statewide incentive grants for financial literacy education. 


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‘‘PART D—SUCCESSFUL, SAFE, AND HEALTHY STUDENTS

‘‘Sec. 4401. Purpose. 

‘‘Sec. 4402. Definitions. 

‘‘Sec. 4403. Allocation of funds. 

‘‘Sec. 4404. Successful, safe, and healthy students State grants. 

‘‘Sec. 4405. Technical assistance. 

‘‘Sec. 4406. Prohibited uses of funds. 

‘‘Sec. 4407. Federal and State nondiscrimination laws. 

‘‘PART E—STUDENT NON-DISCRIMINATION

‘‘Sec. 4501. Short title. 

‘‘Sec. 4502. Findings and purposes. 

‘‘Sec. 4503. Definitions and rule. 

‘‘Sec. 4504. Prohibition against discrimination. 

‘‘Sec. 4505. Federal administrative enforcement; report to congressional committees. 

‘‘Sec. 4506. Private cause of action. 

‘‘Sec. 4507. Cause of action by the Attorney General. 

‘‘Sec. 4508. State immunity. 

‘‘Sec. 4509. Attorney’s fees. 

‘‘Sec. 4510. Effect on other laws. 

‘‘Sec. 4511. Severability. 

‘‘Sec. 4512. Effective date. 

‘‘PART F—21ST CENTURY COMMUNITY LEARNING CENTERS

‘‘Sec. 4601. Purpose; definitions. 

‘‘Sec. 4602. Allotments to States. 

‘‘Sec. 4603. State application. 

‘‘Sec. 4604. Local competitive grant program. 

‘‘Sec. 4605. Local activities. 

‘‘PART G—PROMISE NEIGHBORHOODS

‘‘Sec. 4701. Short title. 

‘‘Sec. 4702. Purpose. 

‘‘Sec. 4703. Definitions. 

‘‘SUBPART 1—PROMISE NEIGHBORHOOD PARTNERSHIP GRANTS

‘‘Sec. 4711. Program authorized. 

‘‘Sec. 4712. Eligible entities. 

‘‘Sec. 4713. Application requirements. 

‘‘Sec. 4714. Use of funds. 

‘‘Sec. 4715. Report and publicly available data. 

‘‘Sec. 4716. Accountability. 

‘‘SUBPART 2—PROMISE SCHOOL GRANTS

‘‘Sec. 4721. Program authorized. 

‘‘Sec. 4722. Definition of eligible entity. 

‘‘Sec. 4723. Application requirements; priority. 

‘‘Sec. 4724. Use of funds. 

‘‘Sec. 4725. Report and publicly available data. 

‘‘Sec. 4726. Performance accountability and evaluation. 


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‘‘SUBPART 3—GENERAL PROVISIONS

‘‘Sec. 4731. National activities. 

‘‘PART H—PARENT AND FAMILY INFORMATION AND RESOURCE CENTERS

‘‘Sec. 4801. Purpose. 

‘‘Sec. 4802. Definition of eligible entity. 

‘‘Sec. 4803. Grants authorized. 

‘‘Sec. 4804. Applications. 

‘‘Sec. 4805. Uses of funds. 

‘‘Sec. 4806. Administrative provisions. 

‘‘PART I—READY-TO-LEARN

‘‘Sec. 4901. Ready-to-Learn. 

‘‘PART J—PROGRAMS OF NATIONAL SIGNIFICANCE

‘‘Sec. 4905. Programs authorized. 

‘‘Sec. 4906. Applications. 

‘‘Sec. 4907. Program requirements. 

‘‘PART K—COMPETENCY-BASED ASSESSMENT AND ACCOUNTABILITY

DEMONSTRATION AUTHORITY

‘‘Sec. 4909. Competency-based assessment and accountability demonstration 

authority. 

‘‘TITLE V—PROMOTING INNOVATION 

‘‘PART A—RACE TO THE TOP

‘‘Sec. 5101. Purposes. 

‘‘Sec. 5102. Reservation of funds. 

‘‘Sec. 5103. Race to the Top program. 

‘‘Sec. 5104. Application process. 

‘‘Sec. 5105. Performance measures. 

‘‘Sec. 5106. Uses of funds. 

‘‘Sec. 5107. Reporting. 

‘‘PART B—INVESTING IN INNOVATION

‘‘Sec. 5201. Purposes. 

‘‘Sec. 5202. Reservations. 

‘‘Sec. 5203. Program authorized; length of grants; priorities. 

‘‘Sec. 5204. Applications. 

‘‘Sec. 5205. Uses of funds. 

‘‘Sec. 5206. Performance measures. 

‘‘Sec. 5207. Reporting. 

‘‘PART C—MAGNET SCHOOLS ASSISTANCE

‘‘Sec. 5301. Findings and purpose. 

‘‘Sec. 5302. Definition. 

‘‘Sec. 5303. Program authorized. 

‘‘Sec. 5304. Eligibility. 

‘‘Sec. 5305. Applications and requirements. 

‘‘Sec. 5306. Priority. 


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‘‘Sec. 5307. Use of funds. 

‘‘Sec. 5308. Prohibition. 

‘‘Sec. 5309. Limitations. 

‘‘Sec. 5310. Evaluations. 

‘‘Sec. 5311. Availability of funds for grants to agencies not previously assisted. 

‘‘PART D—PUBLIC CHARTER SCHOOLS

‘‘Sec. 5401. Purpose. 

‘‘Sec. 5402. Distribution of funds. 

‘‘SUBPART 1—SUCCESSFUL CHARTER SCHOOLS PROGRAM

‘‘Sec. 5411. Definitions. 

‘‘Sec. 5412. Program authorized. 

‘‘Sec. 5413. Applications. 

‘‘Sec. 5414. Selection criteria; priority. 

‘‘Sec. 5415. Uses of funds. 

‘‘Sec. 5416. Subgrants. 

‘‘Sec. 5417. Performance measures; reports. 

‘‘Sec. 5418. Federal formula allocation during first year and for successive enrollment expansions. 

‘‘Sec. 5419. Records transfer. 

‘‘Sec. 5420. National activities. 

‘‘SUBPART 2—CHARTER SCHOOL FACILITY ACQUISITION, CONSTRUCTION, AND

RENOVATION

‘‘Sec. 5431. Purpose. 

‘‘Sec. 5432. Definitions. 

‘‘Sec. 5433. Grants to eligible entities. 

‘‘Sec. 5434. Charter school objectives. 

‘‘Sec. 5435. Applications; selection criteria. 

‘‘Sec. 5436. Reserve account. 

‘‘Sec. 5437. Limitation on administrative costs. 

‘‘Sec. 5438. Audits and reports. 

‘‘Sec. 5439. No full faith and credit for grantee obligations. 

‘‘Sec. 5440. Recovery of funds. 

‘‘PART E—VOLUNTARY PUBLIC SCHOOL CHOICE PROGRAMS

‘‘Sec. 5501. Grants. 

‘‘Sec. 5502. Uses of funds. 

‘‘Sec. 5503. Applications. 

‘‘Sec. 5504. Priorities. 

‘‘Sec. 5505. Requirements and voluntary participation. 

‘‘Sec. 5506. Evaluations. 

‘‘Sec. 5507. Definitions. 

‘‘TITLE VI—PROMOTING FLEXIBILITY; RURAL EDUCATION 

‘‘PART A—TRANSFERABILITY

‘‘Sec. 6101. Transferability of funds. 

‘‘PART B—RURAL EDUCATION INITIATIVE

‘‘Sec. 6201. Short title. 


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‘‘Sec. 6202. Purpose. 

‘‘SUBPART 1—SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM

‘‘Sec. 6211. Program authorized. 

‘‘Sec. 6212. Academic achievement assessments. 

‘‘SUBPART 2—RURAL AND LOW-INCOME SCHOOL PROGRAM

‘‘Sec. 6221. Program authorized. 

‘‘Sec. 6222. Uses of funds. 

‘‘Sec. 6223. Applications. 

‘‘Sec. 6224. Accountability. 

‘‘SUBPART 3—GENERAL PROVISIONS

‘‘Sec. 6231. Choice of participation. 

‘‘Sec. 6232. Annual average daily attendance determination. 

‘‘Sec. 6233. Supplement, not supplant. 

‘‘Sec. 6234. Rule of construction. 

‘‘TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE 

EDUCATION 

‘‘PART A—INDIAN EDUCATION

‘‘Sec. 7101. Statement of policy. 

‘‘Sec. 7102. Purpose. 

‘‘SUBPART 1—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

‘‘Sec. 7111. Purpose. 

‘‘Sec. 7112. Grants to local educational agencies and tribes. 

‘‘Sec. 7113. Amount of grants. 

‘‘Sec. 7114. Applications. 

‘‘Sec. 7115. Authorized services and activities. 

‘‘Sec. 7116. Integration of services authorized. 

‘‘Sec. 7117. Student eligibility forms. 

‘‘Sec. 7118. Payments. 

‘‘Sec. 7119. State educational agency review. 

‘‘SUBPART 2—SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL

OPPORTUNITIES FOR INDIAN CHILDREN AND YOUTH

‘‘Sec. 7121. Improvement of educational opportunities for Indian children and 

youth. 

‘‘Sec. 7122. Professional development for teachers and education professionals. 

‘‘SUBPART 3—NATIONAL ACTIVITIES

‘‘Sec. 7131. National research activities. 

‘‘Sec. 7132. Improvement of academic success for students through Native 

American language. 

‘‘Sec. 7133. Improving State and tribal educational agency collaboration. 

‘‘SUBPART 4—FEDERAL ADMINISTRATION

‘‘Sec. 7141. National Advisory Council on Indian Education. 

‘‘Sec. 7142. Peer review. 


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‘‘Sec. 7143. Preference for Indian applicants. 

‘‘Sec. 7144. Minimum grant criteria. 

‘‘SUBPART 5—DEFINITIONS

‘‘Sec. 7151. Definitions. 

‘‘PART B—NATIVE HAWAIIAN EDUCATION; ALASKA NATIVE EDUCATION

‘‘SUBPART 1—NATIVE HAWAIIAN EDUCATION

‘‘Sec. 7201. Short title. 

‘‘Sec. 7202. Findings. 

‘‘Sec. 7203. Purposes. 

‘‘Sec. 7204. Native Hawaiian Education Council. 

‘‘Sec. 7205. Program authorized. 

‘‘Sec. 7206. Administrative provisions. 

‘‘Sec. 7207. Definitions. 

‘‘SUBPART 2—ALASKA NATIVE EDUCATION

‘‘Sec. 7301. Short title. 

‘‘Sec. 7302. Findings. 

‘‘Sec. 7303. Purposes. 

‘‘Sec. 7304. Program authorized. 

‘‘Sec. 7305. Administrative provisions. 

‘‘Sec. 7306. Definitions. 

‘‘TITLE VIII—IMPACT AID 

‘‘Sec. 8001. Purpose. 

‘‘Sec. 8002. Payments relating to Federal acquisition of real property. 

‘‘Sec. 8003. Payments for eligible federally connected children. 

‘‘Sec. 8004. Policies and procedures relating to children residing on Indian 

lands. 

‘‘Sec. 8005. Application for payments under sections 8002 and 8003. 

‘‘Sec. 8007. Construction. 

‘‘Sec. 8008. Facilities. 

‘‘Sec. 8009. State consideration of payments in providing State aid. 

‘‘Sec. 8010. Federal administration. 

‘‘Sec. 8011. Administrative hearings and judicial review. 

‘‘Sec. 8012. Forgiveness of overpayments. 

‘‘Sec. 8013. Definitions. 

‘‘TITLE IX—GENERAL PROVISIONS 

‘‘PART A—DEFINITIONS

‘‘Sec. 9101. Definitions. 

‘‘Sec. 9102. Applicability of title. 

‘‘Sec. 9103. Applicability to Bureau of Indian Affairs operated schools. 

‘‘PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER

FUNDS

‘‘Sec. 9201. Consolidation of State administrative funds for elementary and secondary education programs. 

‘‘Sec. 9202. Single local educational agency States. 


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‘‘Sec. 9203. Consolidation of funds for local administration. 

‘‘Sec. 9204. Consolidated set-aside for Department of the Interior funds. 

‘‘PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL

PLANS AND APPLICATIONS

‘‘Sec. 9301. Purposes. 

‘‘Sec. 9302. Optional consolidated State plans or applications. 

‘‘Sec. 9303. Consolidated reporting. 

‘‘Sec. 9304. General applicability of State educational agency assurances. 

‘‘Sec. 9305. Consolidated local plans or applications. 

‘‘Sec. 9306. Other general assurances. 

‘‘PART D—WAIVERS

‘‘Sec. 9401. Waivers of statutory and regulatory requirements. 

‘‘PART E—UNIFORM PROVISIONS

‘‘SUBPART 1—PRIVATE SCHOOLS

‘‘Sec. 9501. Participation by private school children and teachers. 

‘‘Sec. 9502. Standards for by-pass. 

‘‘Sec. 9503. Complaint process for participation of private school children. 

‘‘Sec. 9504. By-pass determination process. 

‘‘Sec. 9505. Prohibition against funds for religious worship or instruction. 

‘‘Sec. 9506. Private, religious, and home schools. 

‘‘SUBPART 2—OTHER PROVISIONS

‘‘Sec. 9521. Maintenance of effort. 

‘‘Sec. 9522. Prohibition regarding State aid. 

‘‘Sec. 9523. Privacy of assessment results. 

‘‘Sec. 9524. School prayer. 

‘‘Sec. 9525. Equal access to public school facilities. 

‘‘Sec. 9526. General prohibitions. 

‘‘Sec. 9527. Prohibitions on Federal Government and use of Federal funds. 

‘‘Sec. 9528. Armed Forces recruiter access to students and student recruiting 

information. 

‘‘Sec. 9529. Prohibition on federally sponsored testing. 

‘‘Sec. 9530. Limitations on national testing or certification for teachers. 

‘‘Sec. 9531. Prohibition on nationwide database. 

‘‘Sec. 9532. Unsafe school choice option. 

‘‘Sec. 9533. Prohibition on discrimination. 

‘‘Sec. 9534. Civil rights. 

‘‘Sec. 9535. Rulemaking. 

‘‘Sec. 9536. Severability. 

‘‘Sec. 9537. Geographic diversity. 

‘‘SUBPART 3—TEACHER LIABILITY PROTECTION

‘‘Sec. 9541. Short title. 

‘‘Sec. 9542. Purpose. 

‘‘Sec. 9543. Definitions. 

‘‘Sec. 9544. Applicability. 

‘‘Sec. 9545. Preemption and election of State nonapplicability. 

‘‘Sec. 9546. Limitation on liability for teachers. 

‘‘Sec. 9547. Allocation of responsibility for noneconomic loss. 


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‘‘Sec. 9548. Effective date. 

‘‘PART F—EVALUATIONS

‘‘Sec. 9601. Evaluation authority. 

‘‘PART G—MISCELLANEOUS PROVISIONS

‘‘SUBPART 1—GUN POSSESSION

‘‘Sec. 9701. Gun-free requirements. 

‘‘SUBPART 2—ENVIRONMENTAL TOBACCO SMOKE

‘‘Sec. 9721. Short title. 

‘‘Sec. 9722. Definitions. 

‘‘Sec. 9723. Nonsmoking policy for children’s services. 

‘‘Sec. 9724. Preemption.’’. 

1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

2 The Act (20 U.S.C. 6301 et seq.) is amended by in3 serting after section 2 the following: 

4 ‘‘SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.— 

6 ‘‘(1) IN GENERAL.—There are authorized to be 

7 appropriated to carry out part A of title I (except 

8 for sections 1116(g), 1125A, 1132, and subpart 4 of 

9 part A of such title) such sums as may be necessary 

10 for fiscal year 2014 and each of the 4 succeeding fis11 cal years. 

12 ‘‘(2) SCHOOL IMPROVEMENT GRANTS, NA13 TIONAL ACTIVITIES, AND EVALUATION.— 

14 ‘‘(A) IN GENERAL.—There are authorized 

15 to be appropriated to carry out section 1116(g) 

16 such sums as may be necessary for fiscal year 

17 2014 and each of the 4 succeeding fiscal years. 


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1 ‘‘(B) RESERVATION FOR NATIONAL ACTIVI2 TIES.—Of the amounts appropriated under sub3 paragraph (A) for a fiscal year, the Secretary 

4 shall reserve not more than 2 percent for the 

5 national activities described in section 

6 1116(f)(6). 

7 ‘‘(3) EDUCATION FINANCE INCENTIVE GRANT

8 PROGRAM.—There are authorized to be appropriated 

9 to carry out section 1125A such sums as may be 

10 necessary for fiscal year 2014 and each of the 4 suc11 ceeding fiscal years. 

12 ‘‘(4) CENTERS OF EXCELLENCE IN EARLY

13 CHILDHOOD.—There are authorized to be appro14 priated to carry out section 1132 such sums as may 

15 be necessary for fiscal year 2014 and each of the 4 

16 succeeding fiscal years. 

17 ‘‘(b) GRANTS FOR STATE ASSESSMENTS AND THE

18 NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.— 

19 ‘‘(1) NATIONAL ASSESSMENT OF EDUCATIONAL

20 PROGRESS.—For the purpose of administering the 

21 State assessments under the National Assessment of 

22 Educational Progress, there are authorized to be ap23 propriated such sums as may be necessary for fiscal 

24 year 2014 and each of the 4 succeeding fiscal years. 


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1 ‘‘(2) STATE ASSESSMENTS AND RELATED AC2 TIVITIES.—For the purpose of carrying out assess3 ment and related activities under subpart 4 of part 

4 A of title I, there are authorized to be appropriated 

5 such sums as may be necessary for fiscal year 2014 

6 and each of the 4 succeeding fiscal years. 

7 ‘‘(c) PATHWAYS TO COLLEGE.—For the purposes of 

8 carrying out part B of title I, Pathways to College, there 

9 are authorized to be appropriated such sums as may be 

10 necessary for fiscal year 2014 and each of the 4 suc11 ceeding fiscal years. 

12 ‘‘(d) EDUCATION OF MIGRATORY CHILDREN.—For 

13 the purposes of carrying out part C of title I, Education 

14 of Migratory Children, there are authorized to be appro15 priated such sums as may be necessary for fiscal year 

16 2014 and each of the 4 succeeding fiscal years. 

17 ‘‘(e) NEGLECTED AND DELINQUENT.—For the pur18 poses of carrying out part D of title I, Prevention and 

19 Intervention Programs for Children and Youth Who Are 

20 Neglected, Delinquent, or At-Risk, there are authorized to 

21 be appropriated such sums as may be necessary for fiscal 

22 year 2014 and each of the 4 succeeding fiscal years. 

23 ‘‘(f) CONTINUOUS IMPROVEMENT AND SUPPORT FOR

24 TEACHERS AND PRINCIPALS.— 


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1 ‘‘(1) IN GENERAL.—For the purposes of car2 rying out subparts 1, 2, 3, and 4 of part A of title 

3 II, there are authorized to be appropriated such 

4 sums as may be necessary for fiscal year 2014 and 

5 each of the 4 succeeding fiscal years. 

6 ‘‘(2) PRINCIPAL RECRUITMENT AND TRAIN7 ING.—For the purposes of carrying out subpart 5 of 

8 part A of title II, Principal Recruitment and Train9 ing, there are authorized to be appropriated such 

10 sums as may be necessary for fiscal year 2014 and 

11 each of the 4 succeeding fiscal years. 

12 ‘‘(g) TEACHER PATHWAYS TO THE CLASSROOM.— 

13 For the purposes of carrying out part B of title II, Teach14 er Pathways to the Classroom, there are authorized to be 

15 appropriated such sums as may be necessary for fiscal 

16 year 2014 and each of the 4 succeeding fiscal years. 

17 ‘‘(h) TEACHER INCENTIVE FUND.—For the purposes 

18 of carrying out part C of title II, Teacher Incentive Fund, 

19 there are authorized to be appropriated such sums as may 

20 be necessary for fiscal year 2014 and each of the 4 suc21 ceeding fiscal years. 

22 ‘‘(i) ACHIEVEMENT THROUGH TECHNOLOGY AND IN23 NOVATION.—For the purposes of carrying out part D of 

24 title II, Achievement through Technology and Innovation, 

25 there are authorized to be appropriated such sums as may 


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1 be necessary for fiscal year 2014 and each of the 4 suc2 ceeding fiscal years. 

3 ‘‘(j) ENGLISH LEARNERS AND IMMIGRANT STU4 DENTS.—For the purposes of carrying out title III, Lan5 guage and Academic Content Instruction for English 

6 Learners and Immigrant Students, there are authorized 

7 to be appropriated such sums as may be necessary for fis8 cal year 2014 and each of the 4 succeeding fiscal years. 

9 ‘‘(k) IMPROVING LITERACY AND STUDENT ACHIEVE10 MENT.— 

11 ‘‘(1) IMPROVING LITERACY.—For the purposes 

12 of carrying out subpart 1 of part A of title IV, Im13 proving Literacy Instruction, there are authorized to 

14 be appropriated such sums as may be necessary for 

15 fiscal year 2014 and each of the 4 succeeding fiscal 

16 years. 

17 ‘‘(2) EFFECTIVE SCHOOL LIBRARY PRO18 GRAMS.—For the purposes of carrying out subpart 

19 2 of part A of title IV, Improving Literacy and Col20 lege and Career Readiness Through Effective School 

21 Library Programs, there are authorized to be appro22 priated such sums as may be necessary for fiscal 

23 year 2014 and each of the 4 succeeding fiscal years. 

24 ‘‘(l) IMPROVING SCIENCE, TECHNOLOGY, ENGINEER25 ING, AND MATHEMATICS INSTRUCTION AND STUDENT


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1 ACHIEVEMENT.—For the purposes of carrying out part B 

2 of title IV, Improving Science, Technology, Engineering, 

3 and Mathematics Instruction and Student Achievement, 

4 there are authorized to be appropriated such sums as may 

5 be necessary for fiscal year 2014 and each of the 4 suc6 ceeding fiscal years. 

7 ‘‘(m) INCREASING ACCESS TO A WELL-ROUNDED

8 EDUCATION AND FINANCIAL LITERACY.—For the pur9 poses of carrying out part C of title IV, Increasing Access 

10 to a Well-Rounded Education and Financial Literacy, 

11 there are authorized to be appropriated such sums as may 

12 be necessary for fiscal year 2014 and each of the 4 suc13 ceeding fiscal years. 

14 ‘‘(n) SUCCESSFUL, SAFE, AND HEALTHY STU15 DENTS.—For the purposes of carrying out part D of title 

16 IV, Successful, Safe, and Healthy Students, there are au17 thorized to be appropriated such sums as may be nec18 essary for fiscal year 2014 and each of the 4 succeeding 

19 fiscal years. 

20 ‘‘(o) 21ST CENTURY COMMUNITY LEARNING CEN21 TERS.—For the purposes of carrying out part F of title 

22 IV, 21st Century Community Learning Centers, there are 

23 authorized to be appropriated such sums as may be nec24 essary for fiscal year 2014 and each of the 4 succeeding 

25 fiscal years. 


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1 ‘‘(p) PROMISE NEIGHBORHOODS.—For the purposes 

2 of carrying out part G of title IV, Promise Neighborhoods, 

3 there are authorized to be appropriated such sums as may 

4 be necessary for fiscal year 2014 and each of the 4 suc5 ceeding fiscal years. 

6 ‘‘(q) PARENT AND FAMILY INFORMATION AND RE7 SOURCE CENTERS.—For the purposes of carrying out part 

8 H of title IV, Parent and Family Information and Re9 source Centers, there are authorized to be appropriated 

10 such sums as may be necessary for fiscal year 2014 and 

11 each of the 4 succeeding fiscal years. 

12 ‘‘(r) READY-TO-LEARN.—For the purposes of car13 rying out part I of title IV, Ready-to-Learn, there are au14 thorized to be appropriated such sums as may be nec15 essary for fiscal year 2014 and each of the 4 succeeding 

16 fiscal years. 

17 ‘‘(s) PROGRAMS OF NATIONAL SIGNIFICANCE.—For 

18 the purposes of carrying out part I of title IV, Programs 

19 of National Significance, there are authorized to be appro20 priated such sums as may be necessary for fiscal year 

21 2014 and each of the 4 succeeding fiscal years. 

22 ‘‘(t) RACE TO THE TOP.—For the purposes of car23 rying out part A of title V, Race to the Top, there are 

24 authorized to be appropriated such sums as may be necVerDate Mar 15 2010 23:14 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 essary for fiscal year 2014 and each of the 4 succeeding 

2 fiscal years. 

3 ‘‘(u) INVESTING IN INNOVATION.—For the purposes 

4 of carrying out part B of title V, Investing in Innovation, 

5 there are authorized to be appropriated such sums as may 

6 be necessary for fiscal year 2014 and each of the 4 suc7 ceeding fiscal years. 

8 ‘‘(v) MAGNET SCHOOLS ASSISTANCE.—For the pur9 poses of carrying out part C of title V, Magnet Schools 

10 Assistance, there are authorized to be appropriated such 

11 sums as may be necessary for fiscal year 2014 and each 

12 of the 4 succeeding fiscal years. 

13 ‘‘(w) PUBLIC CHARTER SCHOOLS.—For the purposes 

14 of carrying out part D of title V, Public Charter Schools, 

15 there are authorized to be appropriated such sums as may 

16 be necessary for fiscal year 2014 and each of the 4 suc17 ceeding fiscal years. 

18 ‘‘(x) VOLUNTARY PUBLIC SCHOOL CHOICE.—For the 

19 purposes of carrying out part E of title V, Voluntary Pub20 lic School Choice, there are authorized to be appropriated 

21 such sums as may be necessary for fiscal year 2014 and 

22 each of the 4 succeeding fiscal years. 

23 ‘‘(y) RURAL EDUCATION ACHIEVEMENT PROGRAM.— 

24 For the purposes of carrying out part B of title VI, Rural 

25 Education Achievement Program, there are authorized to 


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1 be appropriated such sums as may be necessary for fiscal 

2 year 2014 and each of the 4 succeeding fiscal years. 

3 ‘‘(z) INDIAN, NATIVE HAWAIIAN, AND ALASKA NA4 TIVE EDUCATION.— 

5 ‘‘(1) INDIAN EDUCATION AND NATIVE HAWAI6 IAN EDUCATION.—For the purposes of carrying out 

7 part A and subpart 1 of part B of title VII, Indian 

8 Education and Native Hawaiian Education, there 

9 are authorized to be appropriated such sums as may 

10 be necessary for fiscal year 2014 and each of the 4 

11 succeeding fiscal years. 

12 ‘‘(2) ALASKA NATIVE EDUCATION.—There are 

13 authorized to be appropriated to carry out subpart 

14 2 of part B of title VII, Alaska Native Education, 

15 such sums as may be necessary for fiscal year 2014 

16 and each of the 5 succeeding fiscal years. 

17 ‘‘(aa) IMPACT AID.—For the purposes of carrying out 

18 title VIII, Impact Aid, there are authorized to be appro19 priated such sums as may be necessary for fiscal year 

20 2014 and each of the 4 succeeding fiscal years, in accord21 ance with the following: 

22 ‘‘(1) PAYMENTS FOR FEDERAL ACQUISITION OF

23 REAL PROPERTY.—For the purpose of making pay24 ments under section 8002, there are authorized to 

25 be appropriated such sums as may be necessary for 


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•S 1094 IS

1 fiscal year 2014 and each of the 4 succeeding fiscal 

2 years. 

3 ‘‘(2) BASIC PAYMENTS; PAYMENTS FOR HEAV4 ILY IMPACTED LOCAL EDUCATIONAL AGENCIES.— 

5 For the purpose of making payments under section 

6 8003(b), there are authorized to be appropriated 

7 such sums as may be necessary for fiscal year 2014 

8 and each of the 4 succeeding fiscal years. 

9 ‘‘(3) PAYMENTS FOR CHILDREN WITH DISABIL10 ITIES.—For the purpose of making payments under 

11 section 8003(d), there are authorized to be appro12 priated such sums as may be necessary for fiscal 

13 year 2014 and each of the 4 succeeding fiscal years. 

14 ‘‘(4) CONSTRUCTION.—For the purpose of car15 rying out section 8007, there are authorized to be 

16 appropriated such sums as may be necessary for fis17 cal year 2014 and each of the 4 succeeding fiscal 

18 years. 

19 ‘‘(5) FACILITIES MAINTENANCE.—For the pur20 pose of carrying out section 8008, there are author21 ized to be appropriated such sums as may be nec22 essary for fiscal year 2014 and each of the 4 suc23 ceeding fiscal years.’’. 


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1 TITLE I—COLLEGE AND CAREER 

2 READINESS FOR ALL STUDENTS 

3 SEC. 1001. PURPOSE. 

4 Section 1001 (20 U.S.C. 6301) is amended to read 

5 as follows: 

6 ‘‘SEC. 1001. PURPOSE. 

7 ‘‘The purpose of this title is to ensure every child has 

8 a fair, equal, and significant opportunity to obtain a high9 quality education and graduate from high school ready for 

10 college, career, and citizenship. This purpose can be ac11 complished by— 

12 ‘‘(1) setting high expectations for children to 

13 develop deep content knowledge and the ability to 

14 use knowledge to think critically, solve problems, 

15 communicate effectively, and collaborate with others, 

16 in order to graduate, from high school, college and 

17 career ready; 

18 ‘‘(2) supporting high-quality teaching to con19 tinuously improve instruction and encourage new 

20 models of teaching and learning; 

21 ‘‘(3) focusing on increasing student achievement 

22 and closing achievement gaps; 

23 ‘‘(4) providing additional resources and sup24 ports to meet the needs of disadvantaged students, 

25 including children from low-income families and 


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1 those attending high-poverty schools, English learn2 ers, migratory children, children with disabilities, In3 dian children, and neglected or delinquent children; 

4 ‘‘(5) providing young children with greater ac5 cess to high-quality early learning experiences to en6 sure they enter school ready to learn; 

7 ‘‘(6) removing barriers to, and encouraging 

8 State and local innovation and leadership in, edu9 cation based on the evaluation of success and contin10 uous improvement; 

11 ‘‘(7) removing barriers and promoting integra12 tion across all levels of education, and across Fed13 eral education programs; 

14 ‘‘(8) streamlining Federal requirements to re15 duce burdens on States, local educational agencies, 

16 schools, and educators; and 

17 ‘‘(9) strengthening parental engagement and 

18 coordination of student, family, and community sup19 ports to promote student success.’’. 

20 SEC. 1002. STATE RESERVATIONS. 

21 Title I (20 U.S.C. 6301 et seq.) is amended— 

22 (1) by striking sections 1002 and 1003; 

23 (2) by redesignating section 1004 as section 

24 1002; and 


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1 (3) in section 1002 (as redesignated by para2 graph (2))— 

3 (A) in the section heading, by inserting 

4 ‘‘AND STATE ACCOUNTABILITY AND SUP5 PORT’’ before the period at the end; 

6 (B) by redesignating paragraphs (1) and 

7 (2) of subsection (a) as subparagraphs (A) and 

8 (B), respectively, and by aligning the margins 

9 of such subparagraphs with the margins of sub10 paragraph (A) of section 1111(a)(1); 

11 (C) by redesignating subsection (b) as 

12 paragraph (2) of subsection (a), and by aligning 

13 the margins of such paragraph with the mar14 gins of paragraph (1) of section 1111(a); 

15 (D) by striking ‘‘IN GENERAL.—Except as 

16 provided in subsection (b)’’ and inserting the 

17 following: ‘‘STATE ADMINISTRATION.— 

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2)’’; 

20 (E) in subsection (a)(2), as redesignated 

21 by subparagraph (C), by striking ‘‘subsection 

22 (a)(1)’’ and inserting ‘‘paragraph (1)(A)’’; and 

23 (F) by adding at the end the following: 

24 ‘‘(b) ACCOUNTABILITY AND SUPPORT.— 


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1 ‘‘(1) IN GENERAL.—Each State may reserve 

2 not more than 6 percent of the amount the State re3 ceives under subpart 2 of part A to carry out para4 graph (2) and to carry out the State and local edu5 cational agency responsibilities under section 1116, 

6 which may include carrying out a statewide system 

7 of technical assistance and support for local edu8 cational agencies and identifying and disseminating 

9 evidence-based practices. 

10 ‘‘(2) USES.—Of the amount reserved under 

11 paragraph (1) for any fiscal year, the State edu12 cational agency— 

13 ‘‘(A) shall use not less than 90 percent of 

14 that amount by allocating such sums directly to 

15 local educational agencies for activities required 

16 under section 1116; or 

17 ‘‘(B) may, with the approval of the local 

18 educational agency, directly provide for such ac19 tivities or arrange for their provision through 

20 other entities such as educational service agen21 cies and external providers with expertise in 

22 using strategies based on scientifically valid re23 search to improve teaching, learning, and 

24 schools. 


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1 ‘‘(3) PRIORITY.—The State educational agency, 

2 in allocating funds to local educational agencies 

3 under this subsection, shall give priority to local edu4 cational agencies that— 

5 ‘‘(A) serve the lowest-performing schools, 

6 including schools identified as focus schools and 

7 priority schools under subsections (c) and (d) of 

8 section 1116; 

9 ‘‘(B) demonstrate the greatest need for 

10 such funds; and 

11 ‘‘(C) demonstrate the strongest commit12 ment to use the funds to enable the lowest13 achieving schools to improve student achieve14 ment and outcomes through the use of evi15 dence-based practices that are consistent with 

16 the evidence standards described in section 

17 5203(e). 

18 ‘‘(4) UNUSED FUNDS.—If, after consultation 

19 with local educational agencies, the State edu20 cational agency determines the amount of funds re21 served to carry out this subsection is greater than 

22 the amount needed to provide the assistance de23 scribed in this subsection, the State educational 

24 agency shall allocate the excess amount to local edu25 cational agencies in accordance with— 


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1 ‘‘(A) the relative allocations the State edu2 cational agency made to those agencies for that 

3 fiscal year under subpart 2 of part A; or 

4 ‘‘(B) section 1126(c). 

5 ‘‘(5) SPECIAL RULE.—Notwithstanding any 

6 other provision of this subsection, the amount of 

7 funds reserved by the State educational agency 

8 under this subsection in any fiscal year shall not de9 crease the amount of funds each local educational 

10 agency receives under subpart 2 of part A below the 

11 amount received by such local educational agency 

12 under such subpart for the preceding fiscal year. 

13 ‘‘(6) REPORTING.—Each State educational 

14 agency shall make publicly available a list of those 

15 schools that have received funds or services pursuant 

16 to this subsection and the percentage of students 

17 from each such school from families with incomes 

18 below the poverty line.’’. 

19 PART A—IMPROVING THE ACADEMIC 

20 ACHIEVEMENT OF THE DISADVANTAGED 

21 SEC. 1111. STATE AND LOCAL REQUIREMENTS. 

22 Section 1111 (20 U.S.C. 6301) is amended to read 

23 as follows: 


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1 ‘‘SEC. 1111. STATE AND LOCAL REQUIREMENTS. 

2 ‘‘(a) ACADEMIC STANDARDS, ACADEMIC ASSESS3 MENTS, AND ACCOUNTABILITY REQUIREMENTS.— 

4 ‘‘(1) REQUIREMENTS FOR COLLEGE AND CA5 REER READY STATE STANDARDS.—In order to re6 ceive a grant under this part, each State shall dem7 onstrate the State meets the following requirements: 

8 ‘‘(A) COLLEGE AND CAREER READY

9 ALIGNED STANDARDS FOR READING OR LAN10 GUAGE ARTS AND MATHEMATICS.— 

11 ‘‘(i) IN GENERAL.—The State shall— 

12 ‘‘(I) not later than December 31, 

13 2014, adopt college and career ready 

14 academic content standards in reading 

15 or language arts and mathematics 

16 that meet the requirements of clauses 

17 (ii) and (iii); and 

18 ‘‘(II) not later than the beginning 

19 of the 2015–2016 school year, adopt 

20 college and career ready student aca21 demic achievement standards in read22 ing or language arts and mathematics 

23 that meet the requirements of clauses 

24 (ii) and (iv). 

25 ‘‘(ii) ALIGNMENT OF COLLEGE AND

26 CAREER READY STANDARDS.—Each State 


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1 plan shall demonstrate the State has 

2 adopted college and career ready academic 

3 content standards and college and career 

4 ready student academic achievement stand5 ards aligned with— 

6 ‘‘(I) credit-bearing academic 

7 coursework, without the need for re8 mediation, at public institutions of 

9 higher education in the State; and 

10 ‘‘(II) relevant State career and 

11 technical education standards and the 

12 State performance measures identified 

13 in the State plan under section 113(b) 

14 of the Carl D. Perkins Career and 

15 Technical Education Act of 2006; and 

16 ‘‘(III)(aa) appropriate career 

17 skills; or 

18 ‘‘(bb) standards that are State19 developed and voluntarily adopted by 

20 a significant number of States. 

21 ‘‘(iii) REQUIREMENTS FOR ACADEMIC

22 CONTENT STANDARDS.—College and career 

23 ready academic content standards shall— 

24 ‘‘(I) be used by the State, and by 

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1 mentary schools, and public secondary 

2 schools in the State, to carry out the 

3 requirements of this part; 

4 ‘‘(II) be the same standards that 

5 the State applies to all public elemen6 tary and secondary schools and stu7 dents in the State; 

8 ‘‘(III) include the same knowl9 edge, skills, and levels of achievement 

10 expected of all elementary and sec11 ondary school students in the State; 

12 and 

13 ‘‘(IV) be evidence-based and in14 clude rigorous content and skills, such 

15 as critical thinking, problem solving, 

16 and communication skills. 

17 ‘‘(iv) REQUIREMENTS FOR STUDENT

18 ACADEMIC ACHIEVEMENT STANDARDS.— 

19 College and career ready student academic 

20 achievement standards for a subject 

21 shall— 

22 ‘‘(I) be aligned with the State’s 

23 academic content standards described 

24 in clause (iii); and 


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1 ‘‘(II) establish the level of per2 formance expected for each grade level 

3 that demonstrates the student has 

4 mastered the material in the State 

5 academic content standards for that 

6 grade. 

7 ‘‘(B) SCIENCE STANDARDS.—A State— 

8 ‘‘(i) shall demonstrate that the State 

9 has adopted, by not later than December 

10 31, 2014, statewide academic content 

11 standards and student academic achieve12 ment standards in science that are aligned 

13 with the knowledge and skills needed to be 

14 college and career ready, as described in 

15 subparagraph (A)(ii); and 

16 ‘‘(ii) may choose to use such stand17 ards as part of the State’s accountability 

18 system under paragraph (3), if such stand19 ards meet the requirements of clauses (ii) 

20 through (iv) of subparagraph (A). 

21 ‘‘(C) STANDARDS FOR OTHER SUB22 JECTS.—If a State adopts high-quality aca23 demic content standards and student academic 

24 achievement standards in subjects other than 

25 reading or language arts, mathematics, and 


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1 science, such State may choose to use such 

2 standards as part of the State’s accountability 

3 system, consistent with section 1116. 

4 ‘‘(D) ALTERNATE ACADEMIC ACHIEVE5 MENT STANDARDS FOR STUDENTS WITH THE

6 MOST SIGNIFICANT COGNITIVE DISABILITIES.— 

7 ‘‘(i) IN GENERAL.—The State may, 

8 through a documented and validated 

9 standards-setting process, adopt alternate 

10 academic achievement standards in any 

11 subject included in the State’s account12 ability system under paragraph (3) for stu13 dents with the most significant cognitive 

14 disabilities, if— 

15 ‘‘(I) the determination about 

16 whether the achievement of an indi17 vidual student should be measured 

18 against such standards is made sepa19 rately for each student in each subject 

20 being assessed; 

21 ‘‘(II) all students who use such 

22 alternate academic achievement stand23 ards in a subject are assessed using 

24 the alternate assessments for such 


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1 subject described in paragraph (2)(E); 

2 and 

3 ‘‘(III) such alternate academic 

4 achievement standards— 

5 ‘‘(aa) are aligned with the 

6 State college and career ready 

7 academic content standards; 

8 ‘‘(bb) provide access to the 

9 general curriculum and the stu10 dent academic achievement 

11 standards; and 

12 ‘‘(cc) reflect professional 

13 judgment as to the highest pos14 sible standards achievable by 

15 such student. 

16 ‘‘(ii) PROHIBITION ON ANY OTHER AL17 TERNATE OR MODIFIED STANDARDS.—A 

18 State shall not develop, or implement for 

19 use, under this part any alternate or modi20 fied academic achievement standards for 

21 students who are children with disabilities 

22 that are not alternate academic achieve23 ment standards that meet the require24 ments of clause (i). 


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1 ‘‘(E) ENGLISH LANGUAGE PROFICIENCY

2 STANDARDS.—A State shall, not later than De3 cember 31, 2015, adopt high-quality English 

4 language proficiency standards that— 

5 ‘‘(i) are aligned with the State’s aca6 demic content standards in reading or lan7 guage arts under subparagraph (A) so that 

8 achieving English language proficiency, as 

9 measured by the State’s English language 

10 proficiency standards, indicates a sufficient 

11 knowledge of English to allow the State to 

12 validly and reliably measure the student’s 

13 achievement on the State’s reading or lan14 guage arts student academic achievement 

15 standards with no interventions designed 

16 to support English learners specifically; 

17 ‘‘(ii) ensure proficiency in English for 

18 each of the domains of speaking, listening, 

19 reading, and writing; 

20 ‘‘(iii) identify not less than 4 levels of 

21 English proficiency; 

22 ‘‘(iv) address the different proficiency 

23 levels of English learners and set high ex24 pectations regarding academic achievement 


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1 and linguistic proficiency for English 

2 learners at all levels of proficiency; 

3 ‘‘(v) are updated, not later than 1 

4 year after the State adopts any new aca5 demic content standards in reading or lan6 guage arts under this paragraph, in order 

7 to align the English language proficiency 

8 standards with the new content standards; 

9 and 

10 ‘‘(vi) support teachers as teachers en11 hance instruction to support English learn12 ers. 

13 ‘‘(F) EARLY LEARNING GUIDELINES AND

14 EARLY GRADE STANDARDS.—A State that uses 

15 funds provided under this part to support early 

16 childhood education shall provide an assurance 

17 that, not later than December 31, 2015, the 

18 State will establish, or certify the existence of, 

19 early learning guidelines and early grade stand20 ards in accordance with the following: 

21 ‘‘(i) EARLY LEARNING GUIDELINES.— 

22 In consultation with the State Advisory 

23 Council on Early Childhood Education and 

24 Care, the lead agency designated under 

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1 opment Block Grant Act of 1990 (42 

2 U.S.C. 9858 et seq.), and the State edu3 cational agency, the State shall complete a 

4 review, and revise or create, as necessary, 

5 the State’s early learning guidelines for 

6 young children in order to promote devel7 opmentally appropriate, high-quality pro8 grams. Such guidelines shall— 

9 ‘‘(I) address each of the age 

10 groups of infants, toddlers, and pre11 school-aged children; 

12 ‘‘(II) be developed, as appro13 priate, in all domains of child develop14 ment and learning (including lan15 guage, literacy, mathematics, creative 

16 arts, science, social studies, social and 

17 emotional development, approaches to 

18 learning, and physical and health de19 velopment) for each age group; 

20 ‘‘(III) reflect research and evi21 dence-based developmental and learn22 ing expectations, including the foun23 dation for and progression in how 

24 children develop and learn the req25 uisite skills and content from one 


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1 stage into the next, including what 

2 young children should know and be 

3 able to do; 

4 ‘‘(IV) address the cultural and 

5 linguistic diversity and the diverse 

6 abilities of young children, including 

7 infants, toddlers, and preschoolers 

8 with disabilities; 

9 ‘‘(V) inform teaching practices, 

10 improve professional development, and 

11 support high-quality services in early 

12 childhood education programs; 

13 ‘‘(VI) be made publicly available, 

14 including through electronic means; 

15 and 

16 ‘‘(VII) for pre-school age chil17 dren, appropriately assist in the tran18 sition of such children to kinder19 garten. 

20 ‘‘(ii) EARLY GRADE STANDARDS.—In 

21 consultation with the State Advisory Coun22 cil on Early Childhood Education and 

23 Care, the lead agency designated under 

24 section 658D of the Child Care and Devel25 opment Block Grant of 1990 (42 U.S.C. 


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•S 1094 IS

1 9858 et seq.), and the State educational 

2 agency, the State shall establish or review 

3 and revise, as needed, standards for kin4 dergarten through grade 3 aligned with the 

5 college and career ready academic content 

6 and student academic achievement stand7 ards described in subsection (a)(1)(A) to 

8 ensure that such standards— 

9 ‘‘(I) are developed in all domains 

10 of child development and learning (in11 cluding cognitive, language, literacy, 

12 mathematics, creative arts, science, 

13 social studies, social and emotional de14 velopment, physical development and 

15 health, and approaches to learning); 

16 ‘‘(II) reflect research and evi17 dence-based development and learning 

18 expectations for each level and ad19 dress cultural, linguistic, and ability20 level diversity; and 

21 ‘‘(III) across grade levels, reflect 

22 progression in how children develop 

23 and learn the requisite skills and con24 tent from earlier grades forward, in25 cluding preschool. 


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1 ‘‘(G) EXISTING STANDARDS.—Nothing in 

2 this part shall prohibit a State from revising, 

3 consistent with this section, any standard 

4 adopted under this part before, on, or after the 

5 date of enactment of the Strengthening Amer6 ica’s Schools Act of 2013. 

7 ‘‘(H) CONSTRUCTION.—Nothing in this 

8 section shall be construed to authorize the Sec9 retary or other officer or employee of the Fed10 eral Government to mandate, direct, or control 

11 a State’s college and career ready academic 

12 content or student academic achievement stand13 ards under subsection (a). 

14 ‘‘(2) ACADEMIC ASSESSMENTS.— 

15 ‘‘(A) STATE ASSESSMENTS.—The State 

16 shall, beginning not later than the beginning of 

17 the 2015–2016 school year, adopt and imple18 ment statewide assessments that— 

19 ‘‘(i) include statewide assessments in 

20 reading or language arts, and mathe21 matics, annually for grades 3 through 8 

22 and not less frequently than once during 

23 grades 10 through 12, that— 


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1 ‘‘(I) are aligned with the State’s 

2 academic content standards in such 

3 subjects under paragraph (1)(A); 

4 ‘‘(II) are administered to all pub5 lic elementary and secondary school 

6 students in the State; 

7 ‘‘(III) measure the individual 

8 academic achievement of a student; 

9 ‘‘(IV) assess the student’s aca10 demic achievement based on the 

11 State’s student academic achievement 

12 standards in the subject in order to 

13 measure— 

14 ‘‘(aa) whether the student is 

15 performing at the student’s grade 

16 level; and 

17 ‘‘(bb) the specific grade level 

18 at which the student is per19 forming in the subject; 

20 ‘‘(V) measure individual student 

21 academic growth, including a meas22 urement of the number of years of 

23 academic growth each student attains 

24 each year; and 


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1 ‘‘(VI) may, at the State’s choos2 ing— 

3 ‘‘(aa) be administered 

4 through a single summative as5 sessment each year; or 

6 ‘‘(bb) be administered 

7 through multiple statewide as8 sessments during the course of 

9 the year if the State can dem10 onstrate to the Secretary’s satis11 faction the results of these mul12 tiple assessments, taken in their 

13 totality, provide a summative 

14 score that provides valid and reli15 able information on individual 

16 student academic growth, as de17 scribed in subclause (V); 

18 ‘‘(ii) include statewide assessments in 

19 science, not less than once during each of 

20 the grade spans of grades 3 through 5, 6 

21 through 9, and 10 through 12, that— 

22 ‘‘(I) assess the student’s aca23 demic achievement based on the 

24 State’s student academic achievement 


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1 standards in science in order to meas2 ure— 

3 ‘‘(aa) whether the student is 

4 performing at the student’s grade 

5 level; and 

6 ‘‘(bb) the specific grade level 

7 at which the student is per8 forming in the subject; 

9 ‘‘(II) measure individual student 

10 academic growth, including a meas11 urement of the number of years of 

12 academic growth each student attains 

13 each year; and 

14 ‘‘(iii) include the English language 

15 proficiency assessments and any alternate 

16 assessments described in subparagraphs 

17 (D) and (E), respectively; and 

18 ‘‘(iv) at the discretion of the State, 

19 measure the proficiency of students in the 

20 other academic subjects for which the 

21 State has adopted academic content stand22 ards and student academic achievement 

23 standards under paragraph (1)(C). 


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1 ‘‘(B) REQUIREMENTS FOR ASSESS2 MENTS.—The assessments administered under 

3 this paragraph shall— 

4 ‘‘(i) be the same academic assess5 ments used to measure the achievement of 

6 all students, although the individual as7 sessment items administered to a student 

8 in order to determine the specific grade 

9 level at which a student is performing may 

10 vary; 

11 ‘‘(ii) be used only for purposes for 

12 which such assessments are valid and reli13 able, and be consistent with relevant, na14 tionally recognized professional and tech15 nical standards; 

16 ‘‘(iii) be used only if the State edu17 cational agency provides to the Secretary 

18 evidence that the assessments used are of 

19 adequate technical quality for each purpose 

20 required under this Act and are consistent 

21 with the requirements of this section, 

22 which evidence the Secretary may make 

23 public; 


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1 ‘‘(iv) involve multiple up-to-date meas2 ures of student academic achievement, in3 cluding measures that— 

4 ‘‘(I) assess the full range of aca5 demic content and student academic 

6 achievement standards under section 

7 1111(a)(1) that students are expected 

8 to master; 

9 ‘‘(II) measure students’ mastery 

10 of content knowledge and their ability 

11 to use knowledge to think critically 

12 and solve problems, and to commu13 nicate effectively; and 

14 ‘‘(III) may be partially delivered 

15 in the form of portfolios, projects, or 

16 extended performance tasks; 

17 ‘‘(v) provide for— 

18 ‘‘(I) the participation in such as19 sessments of all students; 

20 ‘‘(II) the inclusion of English 

21 learners, who shall be assessed in a 

22 valid and reliable manner and pro23 vided reasonable accommodations on 

24 assessments administered to such stu25 dents under this paragraph, including, 


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1 to the extent practicable, assessments 

2 in the language and form most likely 

3 to yield accurate data on what such 

4 students know and can do in academic 

5 content areas, until such students 

6 have achieved English language pro7 ficiency as determined under subpara8 graph (D), except that the State may 

9 exempt any English learner at the 

10 lowest levels of English language pro11 ficiency from the reading or language 

12 arts assessment for not more than 2 

13 years following the date of the student 

14 being identified as an English learner; 

15 ‘‘(vi) shall— 

16 ‘‘(I) incorporate the principles of 

17 universal design, as defined in section 

18 3(a) of the Assistive Technology Act 

19 of 1998 (29 U.S.C. 3002(a)), to allow 

20 for the greatest possible access for all 

21 students; 

22 ‘‘(II) provide for the reasonable 

23 adaptations for children with disabil24 ities necessary to measure the aca25 demic achievement of such children in 


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1 a subject, relative to the State aca2 demic content standards and State 

3 student academic achievement stand4 ards under paragraph (1) for such 

5 subject; 

6 ‘‘(III) provide for the valid and 

7 reliable accommodations for children 

8 with disabilities necessary to measure 

9 the academic achievement of such 

10 children in a subject, relative to the 

11 State academic content standards and 

12 State student academic achievement 

13 standards under paragraph (1) for 

14 such subject; and 

15 ‘‘(IV) assess children with dis16 abilities using the same, unmodified 

17 academic content standards used to 

18 measure children without disabilities 

19 in the same grade level, except in the 

20 case of alternate assessments adminis21 tered in accordance with subpara22 graph (E); 

23 ‘‘(vii) notwithstanding clause (v)(II), 

24 include the academic assessment (using 

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1 guage arts of any student who has at2 tended school in the United States (not in3 cluding Puerto Rico) for 3 or more con4 secutive school years, except that, if the 

5 local educational agency determines, on a 

6 case-by-case individual basis, that aca7 demic assessments in another language or 

8 form would likely yield more accurate and 

9 reliable information on what such student 

10 knows and can do, the local educational 

11 agency may make a determination to as12 sess such student in the appropriate lan13 guage other than English for a period that 

14 does not exceed 2 additional consecutive 

15 years, if such student has not yet reached 

16 a level of English language proficiency suf17 ficient to yield valid and reliable informa18 tion on what such student knows and can 

19 do on tests (written in English) of reading 

20 or language arts; 

21 ‘‘(viii) include students who have at22 tended schools in a local educational agen23 cy for a full academic year but have not at24 tended a single school for a full academic 

25 year, except the performance of students 


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1 who have attended more than 1 school in 

2 the local educational agency in any aca3 demic year shall be used only in deter4 mining the progress of the local edu5 cational agency; 

6 ‘‘(ix) produce individual student inter7 pretive, descriptive, and diagnostic reports 

8 that— 

9 ‘‘(I) allow parents, teachers, and 

10 principals to understand and address 

11 the specific academic needs of stu12 dents and include information regard13 ing achievement on the academic as14 sessments aligned with State academic 

15 achievement standards; and 

16 ‘‘(II) are provided to parents, 

17 teachers, and principals as soon as is 

18 practicably possible after the assess19 ment is given, in an understandable 

20 and uniform format, and to the extent 

21 practicable, in a language that par22 ents can understand; 

23 ‘‘(x) enable results to be 

24 disaggregated within the State, local edu25 cational agency, and school by gender, 


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1 each major racial and ethnic group, 

2 English proficiency status, migrant status, 

3 status as a student with a disability, and 

4 economically disadvantaged status, except 

5 that disaggregation shall not be required 

6 for any subgroup that would include 15 or 

7 less students, so as to not reveal personally 

8 identifiable information about an individual 

9 student; 

10 ‘‘(xi) be consistent with widely accept11 ed professional testing standards and ob12 jectively measure academic achievement, 

13 knowledge, and skills; 

14 ‘‘(xii) enable itemized score analyses 

15 to be produced and reported, consistent 

16 with clause (ii), to local educational agen17 cies and schools, so that parents, teachers, 

18 principals, and administrators can inter19 pret and address the specific academic 

20 needs of students as indicated by the stu21 dents’ achievement on assessment items; 

22 ‘‘(xiii) produce student achievement 

23 and other student data that can be used to 

24 inform determinations of individual prin25 cipal and teacher effectiveness for purposes 


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1 of evaluation and for determining the 

2 needs of principals and teachers for profes3 sional development and support; 

4 ‘‘(xiv) be administered to not less 

5 than 95 percent of all students, and not 

6 less than 95 percent of each subgroup of 

7 students described in clause (x), who are 

8 enrolled in the school; and 

9 ‘‘(xv) in the case of digital assess10 ments or any digital assessment content 

11 that is adopted, procured, purchased, or 

12 developed for the assessments, incorporate 

13 the principles of universal design, as de14 fined in section 3(a) of the Assistive Tech15 nology Act of 1998 (29 U.S.C. 3002(a)) 

16 and be interoperable and accessible for all 

17 students, including students who are chil18 dren with disabilities. 

19 ‘‘(C) LANGUAGES OF ASSESSMENTS.—The 

20 State shall identify the languages other than 

21 English that are present in the participating 

22 student population in the State and indicate, in 

23 the State’s plan under subsection (b), the lan24 guages for which yearly student academic as25 sessments included in the State’s accountability 


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1 system under paragraph (3) are not available 

2 and are needed. The State shall make every ef3 fort to develop assessments in such languages 

4 and may request assistance from the Secretary 

5 if linguistically accessible academic assessments 

6 are needed. Upon request, the Secretary shall 

7 assist with the identification of appropriate aca8 demic assessments in such languages, but shall 

9 not mandate a specific academic assessment or 

10 mode of instruction. 

11 ‘‘(D) ASSESSMENTS OF ENGLISH LAN12 GUAGE PROFICIENCY.— 

13 ‘‘(i) IN GENERAL.—Each State plan 

14 shall demonstrate that local educational 

15 agencies in the State will, not later than 

16 the beginning of the 2015–2016 school 

17 year, provide for the annual assessment of 

18 English language proficiency of all English 

19 learners in the schools served by the State 

20 educational agency. 

21 ‘‘(ii) REQUIREMENTS.—The English 

22 language proficiency assessment described 

23 in clause (i) shall— 


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1 ‘‘(I) be aligned with the State’s 

2 English language proficiency stand3 ards under paragraph (1)(E); 

4 ‘‘(II) be designed to measure, in 

5 a valid and reliable manner, student 

6 progress toward, and attainment of, 

7 English language proficiency; 

8 ‘‘(III) reflect the academic lan9 guage that is required for success on 

10 the State’s academic assessments, 

11 consistent with paragraph (1)(E)(iv); 

12 and 

13 ‘‘(IV) measure each student’s 

14 progress in achieving the levels of 

15 English proficiency established under 

16 the State English language proficiency 

17 standards, as described in paragraph 

18 (1)(D)(iii). 

19 ‘‘(E) ALTERNATE ASSESSMENTS FOR STU20 DENTS WITH THE MOST SIGNIFICANT COG21 NITIVE DISABILITIES.—A State may provide al22 ternate assessments that are aligned with alter23 nate academic achievement standards described 

24 in paragraph (1)(D) for students with the most 

25 significant cognitive disabilities, if the State— 


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1 ‘‘(i) ensures that for each subject, the 

2 total number of students in each grade 

3 level assessed in such subject using the al4 ternate assessments does not exceed 1 per5 cent of the total number of all students in 

6 such grade level in the State who are as7 sessed in such subject; 

8 ‘‘(ii) establishes and monitors imple9 mentation of clear and appropriate guide10 lines for individualized education program 

11 teams (as defined in section 614(d)(1)(B) 

12 of the Individuals with Disabilities Edu13 cation Act) to apply in determining, on a 

14 subject-by-subject basis, when a child’s sig15 nificant cognitive disability justifies assess16 ment based on alternate academic achieve17 ment standards; 

18 ‘‘(iii) ensures that parents of the stu19 dents whom the State plans to assess using 

20 alternate assessments are involved in the 

21 decision that their child’s academic 

22 achievement will be measured against al23 ternate academic achievement standards, 

24 consistent with section 

25 614(d)(1)(A)(i)(VI)(bb) of the Individuals 


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1 with Disabilities Education Act, and are 

2 informed whether participation in such as3 sessment may preclude the student from 

4 completing the requirements for a regular 

5 secondary school diploma, as determined 

6 by the State; 

7 ‘‘(iv) provides evidence that students 

8 with the most significant cognitive disabil9 ities are, to the maximum extent prac10 ticable, included in the general curriculum 

11 and in assessments aligned with such cur12 riculum, as described in section 

13 601(c)(5)(A) of the Individuals with Dis14 abilities Education Act; 

15 ‘‘(v) certifies, consistent with section 

16 612(a)(16)(A) of the Individuals with Dis17 abilities Education Act, the State’s regular 

18 academic assessments described in sub19 paragraphs (A), (C), and (D) are univer20 sally designed to be accessible to students, 

21 including students with sensory, physical, 

22 and intellectual disabilities, through the 

23 provision of reasonable adaptations and 

24 valid and reliable accommodations that 

25 produce valid results; 


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1 ‘‘(vi) develops, disseminates informa2 tion about, makes available, and promotes 

3 the use of reasonable adaptations and valid 

4 and reliable accommodations to increase 

5 the number of students with the most sig6 nificant cognitive disabilities participating 

7 in grade-level academic instruction and as8 sessments aligned with grade-level aca9 demic standards, and promotes the use of 

10 appropriate accommodations to increase 

11 the number of students with the most sig12 nificant cognitive disabilities who are test13 ed against grade-level academic achieve14 ment standards; 

15 ‘‘(vii) takes steps to ensure regular 

16 and special education teachers and other 

17 appropriate staff know how to administer 

18 assessments, including how to make appro19 priate use of reasonable adaptations and 

20 valid and reliable accommodations for such 

21 assessments, for students with the most 

22 significant cognitive disabilities; and 

23 ‘‘(viii) requires separate determina24 tions about whether a student should be 


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1 assessed using an alternate assessment for 

2 each subject assessed. 

3 ‘‘(F) COMPUTER ADAPTIVE ASSESS4 MENT.—A State may develop and administer 

5 computer adaptive assessments as the assess6 ments required under subparagraph (A). If a 

7 State develops and administers a computer 

8 adaptive assessment for such purposes, the as9 sessment shall meet the requirements of this 

10 paragraph. 

11 ‘‘(G) REDUCING DUPLICATIVE ASSESS12 MENT.—The State shall— 

13 ‘‘(i) include, in the State plan under 

14 subsection (b), a description of how the 

15 State will regularly analyze assessment and 

16 accommodations practice and use, and re17 duce duplicative assessment where appro18 priate; and 

19 ‘‘(ii) ensure that the local educational 

20 agencies report, as required in subsection 

21 (d), regarding the assessments required by 

22 Federal, State, and local laws, regulations, 

23 or policies. 

24 ‘‘(3) STATE-DESIGNED ACCOUNTABILITY SYS25 TEMS.— 


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1 ‘‘(A) ACCOUNTABILITY SYSTEM.—Each 

2 State shall, not later than the beginning of the 

3 2014–2015 school year, demonstrate the State 

4 educational agency has developed and is imple5 menting a single, statewide accountability sys6 tem that— 

7 ‘‘(i) annually measures and reports on 

8 the achievement and academic growth of 

9 students in all public elementary schools 

10 and secondary schools and local edu11 cational agencies in the State, in accord12 ance with subparagraph (B); 

13 ‘‘(ii) differentiates all local educational 

14 agencies and all schools in the State ac15 cording to academic achievement and stu16 dent academic growth, English language 

17 proficiency and growth for English learn18 ers, and, for high schools, graduation 

19 rates, for all students and for each sub20 group described in paragraph (2)(B)(x); 

21 ‘‘(iii) expects the continuous improve22 ment of all public schools in the State in 

23 the academic achievement and academic 

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1 graph (D), and establishes ambitious and 

2 achievable annual performance targets in 

3 accordance with subparagraph (C); 

4 ‘‘(iv) annually identifies schools that 

5 need supports and interventions to prepare 

6 college and career ready students; 

7 ‘‘(v) provides for the improvement, 

8 through supports and interventions that 

9 address student needs, of all local edu10 cational agencies with schools not identi11 fied under section 1116(d) that are not 

12 meeting performance targets for subgroups 

13 described in subparagraph (D); 

14 ‘‘(vi) develops the capacity of local 

15 educational agencies and schools to effec16 tively educate their students and continu17 ously improve; 

18 ‘‘(vii) recognizes, and encourages 

19 other local educational agencies to rep20 licate, the practices of local educational 

21 agencies and schools that are successful in 

22 effecting significant student achievement 

23 or student academic growth; and 

24 ‘‘(viii) meets the requirements of sec25 tion 1116. 


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1 ‘‘(B) MEASUREMENT OF ACHIEVEMENT

2 AND ACADEMIC GROWTH.— 

3 ‘‘(i) IN GENERAL.—The State ac4 countability system shall measure student 

5 achievement and academic growth toward 

6 the college and career ready academic con7 tent and student academic achievement 

8 standards under paragraph (1) by annually 

9 measuring and reporting on, in the aggre10 gate and for each subgroup described in 

11 subparagraph (D)— 

12 ‘‘(I) the number and percentage 

13 of students who are in each category 

14 described in clause (ii), for each grade 

15 and subject covered by an academic 

16 assessment included in the account17 ability system, based on the State aca18 demic assessments for the subject; 

19 and 

20 ‘‘(II) for each such category of 

21 students— 

22 ‘‘(aa) the number and per23 centage of students for each 

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1 dent academic achievement 

2 standards or are achieving suffi3 cient academic growth, as de4 scribed in clause (iii); and 

5 ‘‘(bb) the number and per6 centage of students for each 

7 grade and subject who have not 

8 achieved sufficient academic 

9 growth, as described in such 

10 clause. 

11 ‘‘(ii) CATEGORIES OF STUDENTS.— 

12 The State educational agency shall estab13 lish not less than 3 categories of students, 

14 which shall include the following: 

15 ‘‘(I) A category consisting of stu16 dents who are meeting or exceeding 

17 the State student academic achieve18 ment standards under paragraph (1) 

19 in a subject for the students’ grade 

20 level, as determined based on the 

21 State academic assessments under 

22 paragraph (2). 

23 ‘‘(II) A category consisting of 

24 students whose proficiency in a sub25 ject is below grade level and who are 


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1 achieving sufficient academic growth, 

2 as described in clause (iii). 

3 ‘‘(III) A category of students 

4 whose proficiency in a subject is below 

5 grade level and who are not achieving 

6 sufficient academic growth, as de7 scribed in clause (iii). 

8 ‘‘(iii) SUFFICIENT ACADEMIC

9 GROWTH.—For purposes of this section, 

10 sufficient academic growth for a student 

11 means— 

12 ‘‘(I) a rate of academic growth, 

13 based on a comparison of the stu14 dent’s performance on the most recent 

15 State academic assessment with the 

16 preceding State academic assessment 

17 or combination of preceding State 

18 academic assessments, is such that 

19 the student will be performing at or 

20 above grade level within 3 years; 

21 ‘‘(II) a rate of academic growth, 

22 based on a comparison of the stu23 dent’s performance on the most recent 

24 State academic assessment with the 

25 preceding State academic assessment 


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1 or combination of preceding State 

2 academic assessments, is such that 

3 the student will be performing at or 

4 above grade level by the end of the 

5 grade span of which, for purposes of 

6 this section, shall be the grade spans 

7 of grades 3 through 5, 6 through 8, 

8 and 9 through 12; or 

9 ‘‘(III) another aggressive aca10 demic growth model approved by the 

11 Secretary that supports the State edu12 cational agency performance targets 

13 under subparagraph (C). 

14 ‘‘(C) PERFORMANCE TARGETS.— 

15 ‘‘(i) IN GENERAL.—Each State shall 

16 establish, after requesting and receiving 

17 input from the local educational agencies 

18 of the State, ambitious and achievable an19 nual performance targets for the State, for 

20 local educational agencies in the State, and 

21 for public elementary schools and sec22 ondary schools, for each subject and grade 

23 level assessed under paragraph (2), that— 

24 ‘‘(I) are adopted from the waiver 

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1 retary through the authority under 

2 section 9401 before the date of enact3 ment of the Strengthening America’s 

4 Schools Act of 2013; 

5 ‘‘(II) subject to approval by the 

6 Secretary— 

7 ‘‘(aa) sets a goal for every 

8 public school to meet the achieve9 ment level of the highest-per10 forming 10 percent of schools in 

11 the State as of the date of the 

12 application submission, based on 

13 the percentage of students meet14 ing or exceeding the State aca15 demic content and student aca16 demic achievement standards; 

17 ‘‘(bb) requires annual 

18 progress toward that goal for all 

19 students, including all subgroups 

20 of students consistent with sec21 tion 1111(a)(3)(D), within a 

22 specified reasonable time period; 

23 and 

24 ‘‘(cc) ensures accelerated 

25 progress for the subgroups of 


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1 students that start with the low2 est levels of student achievement; 

3 or 

4 ‘‘(III) are equally ambitious to 

5 the performance targets described in 

6 subclauses (I) and (II) and are ap7 proved by the Secretary. 

8 ‘‘(ii) PERFORMANCE AREAS.—The 

9 performance targets required under this 

10 subparagraph shall include targets for— 

11 ‘‘(I) student proficiency, as de12 scribed in subparagraph (B)(ii)(I); 

13 ‘‘(II) student academic growth, 

14 as determined in accordance with sub15 paragraph (B); 

16 ‘‘(III) English language pro17 ficiency for English learners, as meas18 ured by the number of students who 

19 are on track to achieving English pro20 ficiency, as described in paragraph 

21 (1)(D) (i), by not later than 5 years 

22 after being identified as English 

23 learners; and 

24 ‘‘(IV) for high schools, high 

25 school graduation rates. 


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1 ‘‘(iii) BASELINES.—Each State shall 

2 use student performance on the State’s 

3 academic assessments used for purposes of 

4 receiving funds under this subpart and 

5 subpart 2 for the 2014–2015 school year 

6 as the baseline for the performance tar7 gets, subject to paragraph (5)(B)(iv) and 

8 subsection (b)(3)(C). 

9 ‘‘(iv) ADDITIONAL MEASURES AND

10 PERFORMANCE TARGETS.—A State may 

11 develop other measures and performance 

12 targets to provide school personnel, par13 ents, and community members with infor14 mation about the effectiveness of schools in 

15 closing performance gaps among subgroups 

16 and bringing all students to proficiency, 

17 except that any such measure shall not 

18 classify individuals who have not attained 

19 a high school diploma but have earned a 

20 recognized equivalent of such diploma as 

21 graduating from high school. 

22 ‘‘(D) SUBGROUPS OF STUDENTS.—The 

23 subgroups described in this subparagraph shall 

24 be obtained by disaggregating students enrolled 

25 in a school by each major racial and ethnic 


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1 group, English proficiency status, status as a 

2 child with a disability, and economically dis3 advantaged status, except that a school shall 

4 not be required to disaggregate for any sub5 group that includes 15 or less students if such 

6 disaggregation would result in the disclosure of 

7 personally identifiable information. 

8 ‘‘(E) SUBJECTS COVERED.—The State 

9 shall include in the accountability system the 

10 subjects of reading or language arts and mathe11 matics, and may include science and any other 

12 subject that the State chooses through its State 

13 plan, if the State has adopted academic content 

14 standards and student academic achievement 

15 standards under paragraph (1)(C) and assess16 ments under paragraph (2)(B) for the subject. 

17 ‘‘(F) ACCOUNTABILITY FOR CHARTER

18 SCHOOLS.—The accountability provisions under 

19 this Act shall be overseen for public charter 

20 schools in accordance with State charter school 

21 law. 

22 ‘‘(G) STUDENTS WITH THE MOST SIGNIFI23 CANT COGNITIVE DISABILITIES.—In deter24 mining the percentage of students who are 

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1 demic achievement standards or are achieving 

2 sufficient academic growth as described in sub3 paragraph (B)(iii), for a subject for any pur4 pose under this section or section 1116 or 

5 1131, a State educational agency may include, 

6 for all schools in the State, the performance of 

7 the State’s students with the most significant 

8 cognitive disabilities on alternate assessments 

9 as described in paragraph (2)(E) in the sub10 jects included in the State’s accountability sys11 tem, consistent with the 1 percent limitation of 

12 subsection (a)(2)(E)(i). 

13 ‘‘(4) VOLUNTARY PARTNERSHIPS.—A State 

14 may enter into a voluntary partnership with another 

15 State to develop and implement the academic assess16 ments, academic content standards, and student aca17 demic achievement standards required under this 

18 section. 

19 ‘‘(5) TRANSITION PROVISIONS.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 take such steps as are necessary to provide for 

22 the orderly transition between the account23 ability systems required under subsection 

24 (b)(2), as such section was in effect on the day 

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1 ening America’s Schools Act of 2013, and the 

2 new accountability systems required under this 

3 subsection, including the transition steps de4 scribed in subparagraph (B). 

5 ‘‘(B) TRANSITION STEPS.—To enable the 

6 successful transition to the provisions of this 

7 part, as amended by the Strengthening Amer8 ica’s Schools Act of 2013, each State edu9 cational agency receiving funds under this part 

10 shall— 

11 ‘‘(i) beginning upon the date of enact12 ment of the Strengthening America’s 

13 Schools Act of 2013— 

14 ‘‘(I) administer assessments, as 

15 required under paragraph (2), as 

16 amended by such Act, that measure 

17 and assess the college and career 

18 ready academic content standards and 

19 student academic achievement stand20 ards described in paragraph (1), as 

21 amended by such Act; and 

22 ‘‘(II) with respect to any report23 ing provision under this part that re24 quires the disaggregation of students, 

25 carry out such requirement unless the 


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1 number of students in such subgroup 

2 is less than 15; 

3 ‘‘(ii) during the transition period, con4 tinue all interventions, services, and activi5 ties required under section 1116(b), as in 

6 effect on the day before the date of enact7 ment of such Act, for schools identified for 

8 corrective action under such section 

9 1116(b)(7); 

10 ‘‘(iii) after 2 years of using the as11 sessments described in clause (i)(I), estab12 lish a new baseline, as described in para13 graph (3)(C), using the new assessment 

14 data; and 

15 ‘‘(iv) implement sections 1111 and 

16 1116, as amended by such Act, except that 

17 the State shall not be required to identify 

18 proficiency gaps, focus schools, or priority 

19 schools under subsection(b), (c), or (d) of 

20 section 1116 until 2 full school years after 

21 the date of enactment of such Act. 

22 ‘‘(C) END OF TRANSITION.—The transition 

23 to the requirements of this part, as amended by 

24 the Strengthening America’s Schools Act of 


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1 2013, shall be completed by not later than 2 

2 years after the date of enactment of such Act. 

3 ‘‘(b) STATE PLANS.— 

4 ‘‘(1) IN GENERAL.—For any State desiring to 

5 receive a grant under this part, the State edu6 cational agency shall submit to the Secretary a plan, 

7 developed by the State educational agency in con8 sultation with local educational agencies, teachers, 

9 principals, specialized instructional support per10 sonnel, administrators, other staff, representatives of 

11 Indian tribes located in the State, and parents, 

12 that— 

13 ‘‘(A) demonstrates the State’s compliance 

14 with this section; 

15 ‘‘(B) is coordinated with the State plans 

16 required by other programs under this Act, the 

17 Individuals with Disabilities Education Act, the 

18 Rehabilitation Act of 1973 (29 U.S.C. 701 et 

19 seq.), the Carl D. Perkins Career and Technical 

20 Education Act of 2006, the Head Start Act, the 

21 Child Care and Development Block Grant Act 

22 of 1990, and the Adult Education and Family 

23 Literacy Act, and activities under title IX of 

24 the Educational Amendments of 1972; 


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1 ‘‘(C) provides an assurance the State will 

2 continue to administer the academic assess3 ments required under paragraphs (3)(A) and 

4 (7) of this subsection, as such paragraphs were 

5 in effect on the day before the date of enact6 ment of the Strengthening America’s Schools 

7 Act of 2013, and to include the results of such 

8 assessments in the State’s accountability sys9 tem, until the State has implemented the as10 sessments required under subsection (a)(2); 

11 ‘‘(D) provides an assurance the State will 

12 participate in the biennial State academic as13 sessments of grade 4 and grade 8 reading and 

14 mathematics under the National Assessment of 

15 Educational Progress carried out under section 

16 303(b)(2) of the National Assessment of Edu17 cational Progress Authorization Act if the Sec18 retary pays the costs of administering such as19 sessments; 

20 ‘‘(E) describes the State accountability sys21 tem under subsection (a)(3) and the State’s 

22 plan for blue ribbon schools under section 1131 

23 (if the State chooses to carry out such section); 

24 ‘‘(F) describes the process the State will 

25 utilize to review local educational agency plans 


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1 submitted pursuant to section 1112, including 

2 the parent and family engagement plan de3 scribed in section 1118 and other provisions re4 lated to parent and family engagement; 

5 ‘‘(G) describes the support the State will 

6 provide to local educational agencies for the 

7 education of homeless children and youths, and 

8 how the State will comply with the require9 ments of subtitle B of title VII of the McKin10 ney-Vento Homeless Assistance Act; 

11 ‘‘(H) describes how the State educational 

12 agency has involved the committee of practi13 tioners established under section 1603(b) in de14 veloping the plan and monitoring its implemen15 tation; 

16 ‘‘(I) describes how the State educational 

17 agency will coordinate with the State Advisory 

18 Council on Early Childhood Education and 

19 Care, as appropriate; 

20 ‘‘(J)(i) if the State funds full-day kinder21 garten programs but does not provide access to 

22 such programs for all children eligible to attend 

23 kindergarten in the State, describes how the 

24 State plans to increase the number of students 

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1 garten and a strategy to implement such a 

2 plan; and 

3 ‘‘(ii) if the State provides funding for kin4 dergarten programs but does not fund full-day 

5 kindergarten programs, describes how the State 

6 plans to establish such programs to extend and 

7 strengthen the educational continuum for chil8 dren entering elementary school; 

9 ‘‘(K) provides an assurance that the 

10 State— 

11 ‘‘(i) has established a longitudinal 

12 data system that includes all elements de13 scribed in section 6401(e)(2)(D) of the 

14 America COMPETES Act (20 U.S.C. 

15 9871), by the date required under the 

16 terms for the allocation received by the 

17 State through the State Fiscal Stabiliza18 tion Fund under section 14001 of the 

19 American Recovery and Reinvestment Act 

20 of 2009 (Public Law 111–5, 123 Stat. 

21 279); or 

22 ‘‘(ii) if the State was not subject to 

23 any such requirement, that the State will 

24 establish such a system by a date approved 

25 the Secretary; 


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1 ‘‘(L) describes how the State and State 

2 educational agency will comply with the require3 ments of section 1501, and the State’s plan to 

4 ensure such compliance; 

5 ‘‘(M) in the case of a State that proposes 

6 to use funds under this part to support positive 

7 behavioral interventions and supports, describes 

8 how the State educational agency will— 

9 ‘‘(i) assist local educational agencies 

10 in implementing positive behavioral inter11 ventions and supports in schools served by 

12 the local educational agency throughout 

13 the whole school; 

14 ‘‘(ii) provide technical assistance and 

15 training to local educational agencies to 

16 improve and support the development, im17 plementation, and coordination of com18 prehensive positive behavioral interventions 

19 and supports carried out under this Act 

20 with activities carried out under the Indi21 viduals with Disabilities Education Act; 

22 ‘‘(iii) in coordination with local edu23 cational agencies and schools, implement 

24 positive, preventative approaches to school 

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1 mate for all students and reduce recidivism 

2 of re-entering youth offenders and discon3 nected youth; and 

4 ‘‘(iv) evaluate the effects of providing 

5 positive behavioral interventions and sup6 ports for all students, including improve7 ment of the learning environment, aca8 demic achievement, disciplinary problems 

9 such as incidents of suspensions, expul10 sions, referrals to law enforcement, and 

11 other actions that remove students from 

12 instruction, and any other effects the State 

13 chooses to evaluate; 

14 ‘‘(N) in the case of a State that proposes 

15 to use funds under this part to support early 

16 intervening services, describes how the State 

17 educational agency will— 

18 ‘‘(i) assist local educational agencies 

19 in implementing early intervening services 

20 in schools served by the local educational 

21 agency to reduce the need to label children 

22 as children with disabilities in order to ad23 dress the learning and behavioral needs of 

24 such children; 


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1 ‘‘(ii) provide technical assistance and 

2 training to local educational agencies to 

3 improve coordination of early intervening 

4 services provided under this Act with early 

5 intervening services carried out under the 

6 Individuals with Disabilities Education 

7 Act; and 

8 ‘‘(iii) evaluate the effects of providing 

9 early intervening services; 

10 ‘‘(O) describes how the State will assist 

11 local educational agencies in identifying gifted 

12 and talented students, including high-ability 

13 students who have not previously been formally 

14 identified for gifted education services, and im15 plement educational approaches at the elemen16 tary school and secondary school levels to sup17 port the learning needs of gifted and talented 

18 students to ensure that such students make ap19 propriate learning gains, such as early entrance 

20 to kindergarten, enrichment, acceleration, cur21 riculum compacting, and dual enrollment in sec22 ondary school and postsecondary education; 

23 ‘‘(P) describes how the State educational 

24 agency will— 


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1 ‘‘(i) reduce suspensions, expulsions, 

2 referrals to law enforcement, and other 

3 disciplinary actions that remove students 

4 from instruction; 

5 ‘‘(ii) facilitate, to the extent prac6 ticable, the re-entry of juvenile offenders 

7 and disconnected youth into their local 

8 educational agencies; 

9 ‘‘(iii) in coordination with the State 

10 department of corrections or similar agen11 cy, ensure re-entering juvenile offenders re12 ceive referrals to a local educational agency 

13 and provide that, for any juvenile who 

14 commits an offense subject to school expul15 sion and is subsequently committed to a 

16 detention center, secure facility, or any 

17 other residential placement within the juve18 nile or adult criminal justice system for 

19 such offense, the period of expulsion shall 

20 run concurrently with the period of com21 mitment to the detention center, secure fa22 cility, or other residential placement; and 

23 ‘‘(iv) in coordination with local edu24 cational agencies and schools, provide an25 nual and public reporting on, in the aggreVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 gate, in-school suspensions, out-of-school 

2 suspensions, expulsions, referrals to law 

3 enforcement, school-based arrests, and dis4 ciplinary transfers (including placements in 

5 alternative schools) in the State; 

6 ‘‘(Q) describe how the State educational 

7 agency will plan for pregnant and parenting 

8 students to be enrolled, attend, and succeed in 

9 school; 

10 ‘‘(R) describes how— 

11 ‘‘(i) for the first year following the 

12 date of enactment of the Strengthening 

13 America’s Schools Act of 2013, the State 

14 educational agency will provide for the eq15 uitable distribution of elementary school 

16 teachers, and secondary school teachers, 

17 within local educational agencies and the 

18 State using data on the percentage and 

19 distribution of the categories of teachers 

20 described in subparagraph (S) as transi21 tional measures of teacher quality; 

22 ‘‘(ii) for each school year following the 

23 first year after such date of enactment, the 

24 State educational agency will provide for 

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1 in local educational agencies and the State 

2 so that low-income and minority children 

3 are not taught at higher rates than other 

4 children by teachers with the lowest rat5 ings in the State professional growth and 

6 improvement system; and 

7 ‘‘(iii) beginning not later than 1 year 

8 after such date of enactment, and for each 

9 subsequent year, the State will report to 

10 the Secretary the percentage and distribu11 tion of teachers in the State, based on the 

12 measures used in the State, for each quar13 tile of schools based on school poverty 

14 level, for high-minority schools, and for 

15 low-minority schools; and 

16 ‘‘(S) describes how the State will annually 

17 submit to the Secretary, for each quartile of 

18 schools in the State based on school poverty 

19 level and for high-minority schools and low-mi20 nority schools in the State, data regarding the 

21 percentage and distribution of the following cat22 egories of teachers: 

23 ‘‘(i) Teachers who are not classified as 

24 highly qualified teachers. 

25 ‘‘(ii) Teachers who are new. 


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1 ‘‘(iii) Teachers who have not com2 pleted a teacher preparation program. 

3 ‘‘(iv) Teachers who are not teaching 

4 in the subject or field for which the teacher 

5 is certified or licensed. 

6 ‘‘(v) Beginning in any year for which 

7 data are available from a professional 

8 growth and improvement system, and not 

9 later than the 2015–2016 school year, 

10 teachers with the highest or lowest ratings 

11 in the professional growth and improve12 ment system, as data from such system be13 come available, and in no case later than 

14 the 2015–2016 school year. 

15 ‘‘(2) COMPREHENSIVE PLAN.—A State plan 

16 submitted under paragraph (1) may be submitted as 

17 part of the comprehensive plan under section 9302. 

18 ‘‘(3) DURATION OF THE PLAN.— 

19 ‘‘(A) IN GENERAL.—Each State plan 

20 shall— 

21 ‘‘(i) remain in effect for the duration 

22 of the State’s participation under this part 

23 or 4 years, whichever is shorter; and 

24 ‘‘(ii) be periodically reviewed and re25 vised as necessary by the State educational 


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1 agency to reflect changes in the State’s 

2 strategies and programs under this part. 

3 ‘‘(B) ADDITIONAL INFORMATION.— 

4 ‘‘(i) REVISED PLANS.—If a State 

5 makes significant changes to its plan, such 

6 as adopting new State academic content 

7 standards, new State student achievement 

8 standards, new academic assessments, or 

9 improved performance targets under sub10 section (a), the State shall submit a re11 vised plan to the Secretary. 

12 ‘‘(ii) REVIEW OF REVISED PLANS.— 

13 The Secretary shall review the information 

14 submitted under clause (i) and may, not15 withstanding paragraph (4), approve or 

16 disapprove changes to the State plan with17 out undertaking the peer-review or hearing 

18 process described in such paragraph. 

19 ‘‘(C) RENEWAL.—A State educational 

20 agency that desires to continue participating in 

21 the program under this part shall submit a re22 newed plan every 4 years with improved per23 formance targets. 

24 ‘‘(4) PEER REVIEW AND SECRETARIAL AP25 PROVAL.— 


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1 ‘‘(A) SECRETARIAL DUTIES.—The Sec2 retary shall— 

3 ‘‘(i) establish a peer-review process 

4 that maximizes collaboration with each 

5 State to assist in the review of State plans; 

6 ‘‘(ii) appoint expert individuals to the 

7 peer-review process who— 

8 ‘‘(I) represent a regionally di9 verse cross-section of States; 

10 ‘‘(II) are representative of par11 ents, teachers, State educational agen12 cies, and local educational agencies; 

13 and 

14 ‘‘(III) are familiar with edu15 cational standards, assessments, ac16 countability, the needs of focus and 

17 priority schools as described in sub18 sections (c) and (d) of section 1116 

19 and the needs of disadvantaged stu20 dents, students who are children with 

21 disabilities, and other educational 

22 needs of students; 

23 ‘‘(iii) ensure the peer-review process 

24 provides timely feedback from the peer-re25 view panel to the States, and that such 


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1 feedback shall be made publicly available, 

2 including through electronic means; 

3 ‘‘(iv) not decline approval of a State 

4 plan before— 

5 ‘‘(I) offering the State an oppor6 tunity to revise the State plan; 

7 ‘‘(II) providing technical assist8 ance to the State to meet the require9 ments of this subsection and sub10 sections (a) and (c); and 

11 ‘‘(III) upon the request of a 

12 State, providing a hearing; 

13 ‘‘(v) have the authority to disapprove 

14 a State plan for not meeting the require15 ments of this part, and may deny approval 

16 to a State plan under this subsection that 

17 was recommended by the peer-review panel 

18 by making available written findings of the 

19 cause for such disapproval; 

20 ‘‘(vi) approve a State plan not later 

21 than 120 days after its submission unless 

22 the Secretary determines that the plan 

23 does not meet the requirements of this sec24 tion; 


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1 ‘‘(vii) if the Secretary determines that 

2 the State plan does not meet the require3 ments of this subsection and subsection 

4 (c), immediately notify the State in writing 

5 of such determination and the reasons for 

6 such determination; and 

7 ‘‘(viii) not have the authority to re8 quire a State, as a condition of approval of 

9 the State plan, to include in, or delete 

10 from, such plan 1 or more specific ele11 ments of the State’s academic content 

12 standards or to use specific academic as13 sessment instruments or items. 

14 ‘‘(B) STATE REVISIONS.—A State plan 

15 shall be revised by the State educational agency 

16 if necessary to satisfy the requirements of this 

17 section. 

18 ‘‘(c) PARENT AND FAMILY ENGAGEMENT.—Each 

19 State plan shall include a description of how the State will 

20 strengthen engagement of the parents and families in edu21 cation (referred to in this subsection as the ‘parent and 

22 family engagement plan’) in accordance with the following: 

23 ‘‘(1) STATEWIDE PARENT AND FAMILY EN24 GAGEMENT STRATEGY.—The parent and family en25 gagement plan shall demonstrate how the State 


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1 plans to increase and enhance the engagement of 

2 parents and family members in education through3 out the State, through the implementation and rep4 lication of evidence-based or promising practices, in 

5 order to— 

6 ‘‘(A) increase student academic growth and 

7 achievement, and college and career readiness; 

8 ‘‘(B) provide parents and family members 

9 with the skills and opportunities necessary to 

10 become full partners in their child’s education; 

11 ‘‘(C) improve child development; 

12 ‘‘(D) strengthen relationships and partner13 ships among school personnel and parents and 

14 family members, to support student academic 

15 growth and achievement, and college and career 

16 readiness; 

17 ‘‘(E) improve the ability of local edu18 cational agencies and schools to increase the 

19 participation of parents and family members in 

20 school improvement strategies, create opportu21 nities for co-location and provision of services 

22 for parents and family members, and foster 

23 conditions for learning; and 


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1 ‘‘(F) focus the activities described in sub2 paragraphs (A) through (E) in high-need local 

3 educational agencies and high-need schools. 

4 ‘‘(2) COORDINATION; COLLECTION; DISSEMINA5 TION.—The parent and family engagement plan 

6 shall describe how the State will— 

7 ‘‘(A) ensure maximum coordination and 

8 minimum duplication of efforts (which may in9 clude the designation of a parent and family en10 gagement coordinator) among, at a minimum— 

11 ‘‘(i) Federal, State, and local pro12 grams; 

13 ‘‘(ii) the State Advisory Councils on 

14 Early Childhood Education and Care; 

15 ‘‘(iii) the parent and family informa16 tion and resource centers established under 

17 part H of title IV; and 

18 ‘‘(iv) appropriate non-Federal entities 

19 (including community-based and philan20 thropic organizations and court-appointed 

21 special advocates); 

22 ‘‘(B) collect and disseminate best practices 

23 and research on parent and family engagement 

24 strategies to— 


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1 ‘‘(i) local educational agencies, includ2 ing high-need local educational agencies, 

3 and high-need schools in the State, such as 

4 through parent and family engagement 

5 academies and other leadership develop6 ment strategies; and 

7 ‘‘(ii) institutions of higher education 

8 and other organizations with a dem9 onstrated record of success in increasing 

10 the engagement of parents and family 

11 members in education; and 

12 ‘‘(C) ensure that the process for reviewing 

13 local educational agency plans pursuant to sec14 tion 1112 includes an assessment and response 

15 to each local educational agency regarding the 

16 extent to which such plans incorporate the best 

17 practices identified in subparagraph (B). 

18 ‘‘(3) TECHNICAL ASSISTANCE, TRAINING, AND

19 CAPACITY-BUILDING.—The State parent and family 

20 engagement plan shall describe the evidence-based 

21 technical assistance, professional development, or 

22 other capacity-building strategies that the State will 

23 provide to, at a minimum, high-need local edu24 cational agencies and high-need schools, which— 


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1 ‘‘(A) shall include the provision of tech2 nical assistance to local educational agencies 

3 that serve schools identified as focus or priority 

4 schools under subsection (c) or (d) of section 

5 1116; 

6 ‘‘(B) shall include partnering with the ap7 propriate parent and family information and re8 source centers; 

9 ‘‘(C) may include assistance in developing, 

10 revising, or implementing the local educational 

11 agency plans submitted pursuant to section 

12 1112 as such plans relate to supporting parent 

13 and family engagement, in conjunction with 

14 paragraph (2)(C); 

15 ‘‘(D) may include assistance related to im16 plementing evidence-based parent and family 

17 engagement strategies to providers of early care 

18 and education; and 

19 ‘‘(E) may include assistance related to im20 plementing evidence-based parent and family 

21 engagement strategies for English learner fami22 lies, such as those described in section 

23 3115(c)(5). 

24 ‘‘(4) LEVERAGING RESOURCES.—Each State 

25 plan shall include a description of how the State will 


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1 leverage resources of employers, business leaders, 

2 philanthropic and non-profit organizations, and 

3 other community members to increase and strength4 en parent and family engagement. 

5 ‘‘(d) ANNUAL STATE REPORT CARDS.— 

6 ‘‘(1) IN GENERAL.—A State that receives a 

7 grant under this part shall prepare and disseminate 

8 an annual report card for each public elementary 

9 school and secondary school in the State, each local 

10 educational agency in the State, and the State as a 

11 whole. 

12 ‘‘(2) REQUIREMENTS FOR ALL REPORT

13 CARDS.—The State shall ensure the school, local 

14 educational agency, and State report cards required 

15 under this subsection are— 

16 ‘‘(A) uniform across the State; 

17 ‘‘(B) concise; 

18 ‘‘(C) presented in a format that is easily 

19 understandable and, to the extent practicable, 

20 provided in a language that parents can under21 stand; and 

22 ‘‘(D) accessible to the public, which shall 

23 include— 

24 ‘‘(i) making the State report card and 

25 all local educational agency and school reVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 port cards available on a single webpage of 

2 the State’s website; and 

3 ‘‘(ii) providing a copy of a school’s re4 port card to the parents of each student 

5 enrolled in the school each year. 

6 ‘‘(3) REQUIRED STUDENT INFORMATION FOR

7 SCHOOL REPORT CARDS.—Each school report card 

8 required under paragraph (1) shall include the fol9 lowing: 

10 ‘‘(A) A clear and concise description of the 

11 State’s accountability system under subsection 

12 (a)(3), including a description of the criteria by 

13 which the State evaluates school performance, 

14 and the criteria that the State has established 

15 to determine the status of schools. 

16 ‘‘(B) Information on each of the following 

17 for the school, in the aggregate and 

18 disaggregated and cross-tabulated by the sub19 groups described in subsection (a)(2)(B)(x) (ex20 cept that such disaggregation or cross-tabula21 tion shall not be required in a case in which the 

22 results would reveal personally identifiable in23 formation about an individual student): 

24 ‘‘(i) Student achievement at each per25 formance level on the State academic asVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 sessments that are included in the State’s 

2 accountability system under subsection 

3 (a)(3). 

4 ‘‘(ii) The percentage of students who 

5 do not take the State academic assess6 ments. 

7 ‘‘(iii) The most recent 3-year trend in 

8 student achievement in each subject area, 

9 and for each grade level, for such assess10 ments. 

11 ‘‘(iv) A comparison of the school’s 

12 student academic assessment data to the 

13 State average for each tested subject. 

14 ‘‘(v)(I) the number and percentage of 

15 students who are meeting or exceeding the 

16 State student academic achievement stand17 ards or are achieving sufficient academic 

18 growth, as determined in accordance with 

19 subsection (a)(3)(B)(iii), for each subject 

20 area and grade level; and 

21 ‘‘(II) The most recent 3-year trend in 

22 student academic growth in each subject 

23 area, and for each grade level, for the 

24 State academic assessments. 


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1 ‘‘(vi) The number and percentage of 

2 students with the most significant cog3 nitive disabilities who take an alternate as4 sessment under subsection (a)(2)(E), by 

5 grade and subject. 

6 ‘‘(vii) The number of students who 

7 are English learners, and the performance 

8 of such students, on the State’s English 

9 language proficiency assessments under 

10 sub (a)(2)(D), including the students’ at11 tainment of, and progress toward, higher 

12 levels of English language proficiency. 

13 ‘‘(viii) For each high school— 

14 ‘‘(I) student graduation rates, in15 cluding— 

16 ‘‘(aa) the 4-year adjusted 

17 cohort graduation rate, as de18 fined in section 9101(30)(A); and 

19 ‘‘(bb) the cumulative grad20 uation rate, as defined in section 

21 9101(30)(B); 

22 ‘‘(II) not later than the beginning 

23 of the 2013–2014 school year, the 

24 rate at which students who graduated 

25 from the high school in the preceding 


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1 year enrolled in institutions of higher 

2 education by the beginning of the next 

3 school year; and 

4 ‘‘(III) not later than the begin5 ning of the 2014–2015 school year, 

6 the rate of student remediation, in the 

7 aggregate, for high school graduates 

8 who enroll in public institutions of 

9 higher education in the State or in 

10 other institutions of higher education 

11 (to the extent obtaining the data re12 garding remediation from other insti13 tutions is practicable). 

14 ‘‘(ix) Beginning not later than the 

15 2015–2016 school year, the evaluation re16 sults of teachers and principals as meas17 ured by the State’s professional growth 

18 and improvement system, except that such 

19 information shall not provide individually 

20 identifiable information on individual 

21 teachers and principals. 

22 ‘‘(x) Discipline data with respect to all 

23 students in the school for the disciplinary 

24 exclusionary categories described in sub25 paragraphs (A)(v), (D), and (E) of section 


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1 618(a)(1) of the Individuals with Disabil2 ities Education Act. 

3 ‘‘(xi) The percentage of students pass4 ing examinations related to coursework ac5 ceptable for postsecondary credit at insti6 tutions of higher education, such as Ad7 vanced Placement or International Bacca8 laureate examinations; 

9 ‘‘(xii) Data regarding pregnant and 

10 parenting students in the State, includ11 ing— 

12 ‘‘(I) the number of pregnant and 

13 parenting students enrolled in sec14 ondary schools; 

15 ‘‘(II) rates, and data regarding 

16 participation, of pregnant and par17 enting students in mainstream schools 

18 or in the schools in which the students 

19 originated; 

20 ‘‘(III) rates, and data regarding 

21 participation, of pregnant and par22 enting students in alternative pro23 grams; 

24 ‘‘(IV) the number and percentage 

25 of pregnant and parenting students 


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1 who have achieved proficiency, as de2 termined for purposes of subsection 

3 (a)(3)(B)(ii) in each grade and sub4 ject assessed; and 

5 ‘‘(V) graduation rates for preg6 nant and parenting students. 

7 ‘‘(xiii) The incidence of school vio8 lence, bullying, drug abuse, alcohol abuse, 

9 in-school student suspensions, out-of-school 

10 student suspensions, expulsions, referrals 

11 to law enforcement, school-based arrests, 

12 disciplinary transfers (including place13 ments in alternative schools), and student 

14 detentions, for each category. 

15 ‘‘(C) The average class size, by grade. 

16 ‘‘(D) The school’s categorization, if appli17 cable, in the State school accountability and im18 provement system under section 1116. 

19 ‘‘(E) The most recently available academic 

20 achievement results in grades 4 and 8 of the 

21 State’s students on the National Assessment of 

22 Educational Progress in reading and mathe23 matics, including the percentage of students at 

24 each achievement level in the aggregate and by 

25 the groups described in section 303(b)(2)(G) of 


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1 the National Assessment of Educational 

2 Progress Authorization Act (20 U.S.C. 

3 9622(b)(2)(G)). 

4 ‘‘(F) The number of local educational 

5 agencies in the State that implement positive 

6 behavioral interventions and supports. 

7 ‘‘(G) The number of students— 

8 ‘‘(i) who are served through the use of 

9 early intervening services; and 

10 ‘‘(ii) who, in the preceding 2-year pe11 riod, received early intervening services 

12 and who, after receiving such services, 

13 have been identified as eligible for, and re14 ceive, special education and related services 

15 under part B of the Individuals with Dis16 abilities Education Act. 

17 ‘‘(H) The number of local educational 

18 agencies in the State that implement school19 based mental health programs. 

20 ‘‘(4) OPTIONAL INFORMATION.—A State may 

21 include in each school report card such other infor22 mation as the State believes will best provide par23 ents, students, and other members of the public with 

24 information regarding the progress of each of the 


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1 State’s public elementary and secondary schools. 

2 Such information may include— 

3 ‘‘(A) interscholastic athletic program indi4 cators by gender, including number of partici5 pants, expenditures, number of coaches, and 

6 number of competitive events; 

7 ‘‘(B) indicators of school climate; 

8 ‘‘(C) student attendance; and 

9 ‘‘(D) school readiness of students in kin10 dergarten. 

11 ‘‘(5) LOCAL EDUCATIONAL AGENCY AND STATE

12 REPORT CARDS.—Each local educational agency re13 port card and State report card required under 

14 paragraph (1)— 

15 ‘‘(A) shall include the data described in 

16 clauses (i) through (xiv) of paragraph (3)(B) 

17 for the local educational agency or State, re18 spectively, as a whole and disaggregated by the 

19 subgroups described in subsection (a)(2)(B)(x); 

20 ‘‘(B) in the case of a State report card, 

21 shall include the data described in paragraph 

22 (3)(B)(viii) disaggregated by status as a child 

23 in foster care, except that such disaggregation 

24 shall not be required in a case in which the 

25 number of students in the category would reveal 


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1 personally identifiable information about an in2 dividual student; 

3 ‘‘(C) in the case of a local educational 

4 agency report card, shall include information 

5 regarding the assessments administered annu6 ally, by grade level and subject, and, for each 

7 assessment, whether the assessment is required 

8 by Federal, State, or local statute, regulation, 

9 or policy; and 

10 ‘‘(D) may include any optional information 

11 described in paragraph (4) for the local edu12 cational agency or State, respectively. 

13 ‘‘(6) DATA.—A State shall only include in a 

14 school report card or local educational agency report 

15 card, data that do not reveal personally identifiable 

16 information about an individual student or teacher. 

17 ‘‘(7) PREEXISTING REPORT CARDS.—A State 

18 educational agency or local educational agency that 

19 was providing public report cards on the perform20 ance of students, schools, local educational agencies, 

21 or the State prior to the date of enactment of the 

22 Strengthening America’s Schools Act of 2013, may 

23 use those report cards for the purpose of this sub24 section as long as any such report card is modified, 


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1 as may be needed, to contain the information re2 quired by this subsection. 

3 ‘‘(8) COST REDUCTION.—Each State edu4 cational agency and local educational agency receiv5 ing assistance under this part shall, wherever pos6 sible, take steps to reduce data collection costs and 

7 duplication of effort by obtaining the information re8 quired under this subsection through existing data 

9 collection efforts. 

10 ‘‘(9) CROSS-TABULATED DATA NOT USED FOR

11 ACCOUNTABILITY.—Groups of students obtained by 

12 cross-tabulating data under this subsection shall not 

13 be considered to be subgroups under section 1116. 

14 Such cross-tabulated data shall not be used to deter15 mine whether a school is a focus or priority school 

16 under subsection (c) or (d) of section 1116. 

17 ‘‘(e) REPORTING.— 

18 ‘‘(1) ANNUAL STATE REPORT.—Each State 

19 educational agency that receives assistance under 

20 this part shall report annually to the Secretary, and 

21 make widely available within the State— 

22 ‘‘(A) information on the State’s progress in 

23 developing and implementing the academic as24 sessments described in subsection (a)(2); 


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1 ‘‘(B) information on the achievement and 

2 academic growth of students, including results 

3 disaggregated (except in a case in which the 

4 number of students in a category is insufficient 

5 to yield statistically reliable information or the 

6 results would reveal personally identifiable in7 formation about an individual student) by the 

8 subgroups described in subsection (a)(2)(B)(x) 

9 and by status as a child in foster care; 

10 ‘‘(C) information on any changes in status 

11 for all public schools in the State, in accordance 

12 with the State’s system of differentiation de13 scribed in subsection (a)(3)(A)(ii) and the cat14 egories required under section 1116; 

15 ‘‘(D) in any year before the State begins to 

16 provide the information described in subpara17 graph (B), information on the results of stu18 dent academic assessments (including results 

19 disaggregated by the subgroups described in 

20 subsection (a)(2)(B)(x)) required under this 

21 section; 

22 ‘‘(E) information on the acquisition of 

23 English language proficiency by students who 

24 are English learners; 


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1 ‘‘(F) the number of schools, and the name 

2 of each school, identified as a focus or priority 

3 school under subsection (c) or (d) of section 

4 1116; and 

5 ‘‘(G) the number of schools identified as 

6 blue ribbon schools under section 1131 and the 

7 name of each such school. 

8 ‘‘(2) SECRETARY’S REPORT CARD AND BIEN9 NIAL EVALUATION REPORT.— 

10 ‘‘(A) SECRETARY’S REPORT CARD.—Not 

11 later than July 1, 2014, and annually there12 after, the Secretary shall prepare and submit to 

13 the authorizing committees a national report 

14 card on the status of elementary and secondary 

15 education in the United States. Such report 

16 shall— 

17 ‘‘(i) analyze existing data from State 

18 reports required under this Act, the Indi19 viduals with Disabilities Education Act, 

20 and the Carl D. Perkins Career and Tech21 nical Education Act of 2006, and summa22 rize major findings from such reports; 

23 ‘‘(ii) analyze data from the National 

24 Assessment of Educational Progress and 

25 international assessments, including the 


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1 Third International Mathematics and 

2 Science Survey; 

3 ‘‘(iii) identify trends in student 

4 achievement, student academic growth, 

5 student performance, and high school 

6 graduation rates, by analyzing and report7 ing on the status and performance of sub8 groups of students, including subgroups 

9 based on race, ethnicity, and socioeconomic 

10 status and the subgroups of children with 

11 disabilities and English learners; 

12 ‘‘(iv) compare the performance of stu13 dents, including the subgroups described in 

14 clause (iii), across States and local edu15 cational agencies across the United States; 

16 ‘‘(v) identify and report on promising 

17 practices, areas of greatest improvement in 

18 student achievement and educational at19 tainment, and other examples worthy of 

20 national attention; 

21 ‘‘(vi) identify and report on areas of 

22 educational concern that warrant national 

23 attention; and 

24 ‘‘(vii)(I) analyze existing data, as of 

25 the time of the report, on Federal, State, 


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1 and local expenditures on education, in2 cluding per pupil spending, teacher salaries 

3 and pension obligations, school level spend4 ing, and other financial data publicly avail5 able; and 

6 ‘‘(II) report on current trends and 

7 major findings resulting from the analysis. 

8 ‘‘(B) SPECIAL RULE.—The information 

9 used to prepare the report described in sub10 paragraph (A) shall be derived from existing 

11 State and local reporting requirements and data 

12 sources. Nothing in this paragraph shall be con13 strued as authorizing, requiring, or allowing 

14 any additional reporting requirements, data ele15 ments, or information to be reported to the Sec16 retary not otherwise explicitly authorized by any 

17 other Federal law. 

18 ‘‘(C) BIENNIAL REPORT.—The Secretary 

19 shall transmit biennially to the authorizing 

20 committees a report that provides national and 

21 State-level data on the information collected 

22 under paragraph (1). 

23 ‘‘(f) PENALTIES.—If a State that receives a grant 

24 under this part fails to meet any requirement of this part, 

25 the Secretary may withhold funds for State administration 


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1 under this part until the Secretary determines that the 

2 State has fulfilled those requirements. 

3 ‘‘(g) PARENTS’ RIGHT-TO-KNOW.— 

4 ‘‘(1) QUALIFICATIONS.—At the beginning of 

5 each school year, a local educational agency that re6 ceives funds under this part shall notify the parents 

7 of each student attending any school receiving funds 

8 under this part that the parents may request, and 

9 the agency will provide the parents on request (and 

10 in a timely manner), information regarding the pro11 fessional qualifications of the student’s classroom 

12 teachers, including, at a minimum, the following: 

13 ‘‘(A) Whether the teacher has met State 

14 qualification and licensing criteria for the grade 

15 levels and subject areas in which the teacher 

16 provides instruction. 

17 ‘‘(B) Whether the teacher is teaching 

18 under emergency or other provisional status 

19 through which State qualification or licensing 

20 criteria have been waived. 

21 ‘‘(C) The baccalaureate degree major of 

22 the teacher and any other graduate certification 

23 or degree held by the teacher, and the field of 

24 discipline of the certification or degree. 


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1 ‘‘(D) Whether the student is provided serv2 ices by paraprofessionals and, if so, their quali3 fications. 

4 ‘‘(2) EQUITY REPORT CARD.—A local edu5 cational agency that receives funds under this part 

6 shall make available to parents, separately or as a 

7 clearly identified part of the school report card, and 

8 through easily accessible means, including electronic 

9 means, the following information for each school: 

10 ‘‘(A) student achievement data at each 

11 performance level, for each category of students 

12 described in subsection (a)(3)(B)(ii), on the 

13 State academic assessments included in the 

14 State accountability system under subsection 

15 (a)(3), disaggregated by the subgroups de16 scribed in subsection (a)(2)(B)(x); 

17 ‘‘(B) Individual school funding by source, 

18 including Federal, State, and local funding and 

19 grants; 

20 ‘‘(C) For each high school, the 4-year ad21 justed cohort graduation rate, as described in 

22 section 9101(32)(A), and the rate at which stu23 dents graduating from the high school in the 

24 preceding year enrolled in institutions of higher 


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1 education by the beginning of the next school 

2 year; 

3 ‘‘(D) Data regarding educational oppor4 tunity participation, which data— 

5 ‘‘(i) shall include, at a minimum, pre6 kindergarten and full-day kindergarten op7 portunities for children and opportunities 

8 for Advanced Placement or International 

9 Baccalaureate course work; and 

10 ‘‘(ii) may include such opportunities 

11 as dual enrollment, gifted programming, 

12 and other educational programming. 

13 ‘‘(E) Information regarding each school’s 

14 school climate, including student survey results 

15 and school discipline data, which may include 

16 information such as the incidence of school vio17 lence, bullying, in-school student suspensions, 

18 out-of-school student suspensions, expulsions, 

19 referrals to law enforcement, school-based ar20 rests, disciplinary transfers (including place21 ments in alternative schools), and student de22 tentions. 

23 ‘‘(F) Other data that, in conjunction with 

24 the local educational agency report card de25 scribed in subsection (d), is determined, by the 


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1 State or local educational agency in consulta2 tion with parents, families, and educators, to be 

3 necessary to allow parents, families, and com4 munity members to understand, and compare 

5 with other schools in the local educational agen6 cy and across the State, the resources available 

7 to the school that influence the outcomes for 

8 students. 

9 ‘‘(3) ADDITIONAL INFORMATION.—In addition 

10 to the information that parents of students may re11 quest under paragraph (1), a school that receives 

12 funds under this part shall provide to each indi13 vidual parent, with respect to the student— 

14 ‘‘(A) information on the level of achieve15 ment and academic growth of the student on 

16 each of the State academic assessments as re17 quired under this part; and 

18 ‘‘(B) timely notice that the student has 

19 been assigned, or has been taught for 4 or more 

20 consecutive weeks by, a teacher who does not 

21 hold a State qualification or license to teach at 

22 the grade level and subject area in which the 

23 teacher has been assigned. 

24 ‘‘(4) FORMAT.—The notice and information 

25 provided to parents under this subsection shall be in 


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1 an understandable and uniform format and, to the 

2 extent practicable, provided in a language that the 

3 parents can understand. 

4 ‘‘(h) PRIVACY.—Information collected under this sec5 tion shall be collected and disseminated in a manner that 

6 protects the privacy of individuals. 

7 ‘‘(i) TECHNICAL ASSISTANCE.—The Secretary shall 

8 provide a State educational agency, at the State edu9 cational agency’s request, with technical assistance in 

10 meeting the requirements of this section. 

11 ‘‘(j) CONSTRUCTION.—Nothing in this part shall be 

12 construed to prescribe the use of the academic assess13 ments described in this part for student promotion or 

14 graduation purposes. 

15 ‘‘(k) SPECIAL RULE WITH RESPECT TO BUREAU16 FUNDED SCHOOLS.—In determining the assessments to be 

17 used by each school operated or funded by the Bureau 

18 of Indian Education of the Department of Interior that 

19 receives funds under this part, the following shall apply: 

20 ‘‘(1) STATE ACCREDITED SCHOOLS.—Each such 

21 school accredited by the State in which it is oper22 ating shall use the assessments the State has devel23 oped and implemented to meet the requirements of 

24 this section, or such other appropriate assessment as 

25 approved by the Secretary of the Interior. 


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1 ‘‘(2) REGIONALLY ACCREDITED SCHOOLS.— 

2 Each such school accredited by a regional accred3 iting organization shall adopt appropriate assess4 ments, in consultation with and with the approval of, 

5 the Secretary of the Interior and consistent with as6 sessments adopted by other schools in the same 

7 State or region, that meets the requirements of this 

8 section. 

9 ‘‘(3) TRIBALLY ACCREDITED SCHOOLS.—Each 

10 such school accredited by a tribal accrediting agency 

11 or tribal division of education shall use assessments 

12 developed by such agency or division, except that the 

13 Secretary of the Interior shall ensure that such as14 sessments meet the requirements of this section.’’. 

15 SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 

16 Section 1112 (20 U.S.C. 6312) is amended to read 

17 as follows: 

18 ‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 

19 ‘‘(a) PLANS REQUIRED.— 

20 ‘‘(1) SUBGRANTS.—A local educational agency 

21 may receive a subgrant under this part for any fiscal 

22 year only if such agency has on file with the State 

23 educational agency a plan, approved by the State 

24 educational agency, that is coordinated with other 

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1 abilities Education Act, the Carl D. Perkins Career 

2 and Technical Education Act of 2006, the McKin3 ney-Vento Homeless Assistance Act, and other Acts, 

4 as appropriate, and activities under title IX of the 

5 Education Amendments of 1972. 

6 ‘‘(2) CONSOLIDATED APPLICATION.—The plan 

7 may be submitted as part of a consolidated applica8 tion under section 9305. 

9 ‘‘(b) PLAN DEVELOPMENT AND DURATION.— 

10 ‘‘(1) CONSULTATION.—Each local educational 

11 agency plan shall be developed in consultation 

12 with— 

13 ‘‘(A) teachers, principals, administrators, 

14 and other appropriate school personnel; 

15 ‘‘(B) representatives of early childhood 

16 education programs in the geographic area 

17 served by the local educational agency, as ap18 propriate; and 

19 ‘‘(C) parents and family members of chil20 dren in schools served under this part. 

21 ‘‘(2) DURATION.—Each local educational agen22 cy plan shall be submitted pursuant to this section 

23 for the first year for which this part is in effect fol24 lowing the date of enactment of the Strengthening 

25 America’s Schools Act of 2013, and such plan shall 


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1 remain in effect until the date of renewal as deter2 mined under paragraph (4) by the State. 

3 ‘‘(3) REVIEW.—Each local educational agency 

4 shall periodically review and, as necessary, revise its 

5 plan to reflect changes in the local educational agen6 cy’s strategies and programs under this part, and 

7 changes in the State performance targets under sec8 tion 1111(a)(3). 

9 ‘‘(4) RENEWAL.—A local educational agency 

10 that desires to continue participating in the program 

11 under this part shall submit a renewed plan on a 

12 periodic basis, as determined by the State. 

13 ‘‘(c) STATE APPROVAL.— 

14 ‘‘(1) IN GENERAL.—Each local educational 

15 agency plan shall be filed according to a schedule es16 tablished by the State educational agency. 

17 ‘‘(2) APPROVAL.—The State educational agency 

18 shall approve a local educational agency’s plan only 

19 if the State educational agency determines that the 

20 local educational agency’s plan— 

21 ‘‘(A) enables schools served under this part 

22 to substantially help children served under this 

23 part meet the academic content and student 

24 academic achievement standards expected of all 

25 children described in section 1111(a)(1) and the 


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1 performance targets described in section 

2 1111(a)(3)(C); and 

3 ‘‘(B) meets the requirements of this part. 

4 ‘‘(d) PLAN PROVISIONS.—In order to help low-achiev5 ing children meet college and career ready student aca6 demic achievement standards, and to close the achieve7 ment gap between high- and low-achieving children each 

8 local educational agency plan shall describe each of the 

9 following: 

10 ‘‘(1) How the local educational agency will work 

11 with each of the schools served by the agency to— 

12 ‘‘(A) develop and implement a comprehen13 sive program of instruction to meet the aca14 demic needs of all students; 

15 ‘‘(B) identify quickly and effectively stu16 dents who may be at risk for academic failure; 

17 ‘‘(C) provide additional educational assist18 ance to individual students assessed as needing 

19 help in meeting the State’s college and career 

20 ready student academic achievement standards; 

21 ‘‘(D) identify significant gaps in student 

22 achievement among subgroups of students iden23 tified under section 1111(a)(2)(B)(x) and de24 velop strategies to reduce such gaps in achieve25 ment; and 


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1 ‘‘(E) identify and implement effective 

2 methods and instructional strategies that are 

3 based on scientifically valid research intended to 

4 strengthen the core academic programs of the 

5 schools, including using multi-tiered systems of 

6 support, universal design for learning, and posi7 tive behavioral interventions and supports. 

8 ‘‘(2) How the local educational agency will mon9 itor and evaluate the effectiveness of school pro10 grams in improving student academic achievement 

11 and academic growth, especially for students de12 scribed in section 1111(a)(3)(B)(ii)(II). 

13 ‘‘(3) The strategy the local educational agency 

14 will use to implement effective parent and family en15 gagement under section 1118. 

16 ‘‘(4) How the local educational agency will co17 ordinate and integrate services provided under this 

18 part with other high-quality early childhood edu19 cation programs at the local educational agency or 

20 individual school level (including programs under 

21 section 619 of the Individuals with Disabilities Edu22 cation Act) that include plans for the transition of 

23 participants in such programs to local elementary 

24 school programs and, if appropriate, a description of 

25 how the local educational agency will use funds 


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1 under this part to support preschool programs for 

2 children, particularly children participating in a 

3 Head Start program, which may be provided directly 

4 by the local educational agency or through a sub5 contract with the Head Start agency designated by 

6 the Secretary of Health and Human Services under 

7 section 641 of the Head Start Act, or another com8 parable public early childhood education program. 

9 ‘‘(5) How activities under this part will be co10 ordinated and integrated with Federal, State, and 

11 local services and programs, including programs sup12 ported under this Act, the Carl D. Perkins Career 

13 and Technical Education Act of 2006, the Individ14 uals with Disabilities Education Act, the Rehabilita15 tion Act of 1973, the Head Start Act, the Child 

16 Care and Development Block Grant Act of 1990, 

17 and the Workforce Investment Act of 1998, violence 

18 prevention programs, nutrition programs, and hous19 ing programs. 

20 ‘‘(6) How the local educational agency will co21 ordinate and integrate services provided under this 

22 part with local workforce development programs that 

23 serve disadvantaged or out-of-school youth, such as 

24 those providing workforce investment activities 

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1 force Investment Act of 1998, including a descrip2 tion of how the local educational agency will use 

3 funds under this part to support such activities. 

4 ‘‘(7) The poverty criteria that will be used to 

5 select school attendance areas under section 1113. 

6 ‘‘(8) How teachers, in consultation with parents 

7 and family members, administrators, and specialized 

8 instructional support personnel, in targeted assist9 ance schools under section 1115, will identify the eli10 gible children most in need of services under this 

11 part. 

12 ‘‘(9) How the local educational agency will iden13 tify and address any disparities in the equitable dis14 tribution of teachers, consistent with the require15 ments of section 1111(b)(1)(L). 

16 ‘‘(10) How the local educational agency will 

17 provide for the equitable distribution of elementary 

18 school teachers, and of secondary school teachers, 

19 within local educational agencies and the State using 

20 data on the percentage and distribution of the cat21 egories of teachers described in subsection (e)(13). 

22 ‘‘(11) A general description of the nature of the 

23 programs to be conducted by such agency’s schools 

24 under sections 1114 and 1115 and, where appro25 priate, educational services outside such schools for 


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1 children living in local institutions for neglected or 

2 delinquent children, and for neglected and delin3 quent children in community day school programs. 

4 ‘‘(12) A description of— 

5 ‘‘(A) how the local educational agency will 

6 provide opportunities for the enrollment, at7 tendance, and success of homeless children and 

8 youths; and 

9 ‘‘(B) the services the local educational 

10 agency will provide homeless children and 

11 youths, including services provided with funds 

12 reserved under section 1113(c)(3), and how 

13 those services may differ from those provided in 

14 prior years. 

15 ‘‘(13) A description of the support the local 

16 educational agency will provide for homeless children 

17 and youths, consistent with the requirements of the 

18 McKinney-Vento Homeless Assistance Act. 

19 ‘‘(14) For each quartile of schools in the local 

20 educational agency based on school poverty level and 

21 for high-minority schools and low-minority schools in 

22 the local educational agency, data regarding access 

23 at the high school level to rigorous coursework, in24 cluding— 


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1 ‘‘(A) access to opportunities to earn post2 secondary credit while in high school, such as 

3 through Advanced Placement and International 

4 Baccalaureate courses and examinations, and 

5 dual enrollment; and 

6 ‘‘(B) student performance on Advanced 

7 Placement and International Baccalaureate 

8 course examinations. 

9 ‘‘(15) How the local educational agency will 

10 identify and address any disparity within the student 

11 subgroups described in section 1111(a)(3)(D) in eq12 uitable access to rigorous coursework, including ac13 cess to opportunities described in paragraph 

14 (14)(A). 

15 ‘‘(16) How the local educational agency will en16 gage in timely, on-going, and meaningful consulta17 tion with representatives of Indian tribes in the area 

18 served by such local educational agency to improve 

19 the coordination of activities under this Act and to 

20 meet the unique cultural, language, and academic 

21 needs of Indian and Native Hawaiian students. 

22 ‘‘(17) How the local educational agency will im23 plement strategies to facilitate effective transitions 

24 for students from middle school to high school and 

25 from high school to postsecondary education. 


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1 ‘‘(18) If the local educational agency proposes 

2 to use subgrant funds under this part for positive 

3 behavioral interventions and supports, a description 

4 of the actions the local educational agency will take 

5 to provide positive behavioral interventions and sup6 ports and coordinate those activities with activities 

7 carried out under the Individuals with Disabilities 

8 Education Act. 

9 ‘‘(19) If the local educational agency proposes 

10 to use subgrant funds under this part for early in11 tervening services, a description of the actions the 

12 local educational agency will take to provide early in13 tervening services and coordinate those services with 

14 early intervening services carried out under the Indi15 viduals with Disabilities Education Act. 

16 ‘‘(20) If the local educational agency proposes 

17 to use subgrant funds under this part for school18 based mental health programs, a description of the 

19 actions the local educational agency will take to pro20 vide school-based mental health programs and co21 ordinate those activities with activities carried out 

22 under the Individuals with Disabilities Education 

23 Act. 

24 ‘‘(21) If the local educational agency proposes 

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1 cally updating the crisis management plan of the 

2 local educational agency, as described in section 

3 4202(d)(5)(B)(iv), a description of the actions the 

4 local educational agency will take to develop and im5 plement an updated crisis management plan. 

6 ‘‘(22) A description of how the local educational 

7 agency will plan for pregnant and parenting stu8 dents to be enrolled, attend, and succeed in school. 

9 ‘‘(e) ASSURANCES.—Each local educational agency 

10 plan shall provide assurances that the local educational 

11 agency will— 

12 ‘‘(1) use the results of the academic assess13 ments required under section 1111(a)(2), and other 

14 measures or indicators available to the agency, to re15 view annually the progress of each school served by 

16 the agency and receiving funds under this part to 

17 determine whether all of the schools are making the 

18 progress necessary to ensure all students will be per19 forming at or above grade level on the State aca20 demic assessments required under such section, in 

21 accordance with the ambitious targets described in 

22 the State plan under section 1111(a)(3)(C); 

23 ‘‘(2) provide to parents and teachers the results 

24 from the academic assessments required under sec25 tion 1111(a)(2) as soon as is practicably possible 


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1 after the test is taken in an understandable and uni2 form format and, to the extent possible, provided in 

3 a language that the parents and, to the greatest ex4 tent practicable, family members, can understand; 

5 ‘‘(3) participate, if selected, in State academic 

6 assessments of student achievement in reading and 

7 mathematics in grades 4 and 8 carried out under 

8 section 303(b)(3) of the National Assessment of 

9 Educational Progress Authorization Act; 

10 ‘‘(4) fulfill such agency’s school improvement 

11 responsibilities under section 1116; 

12 ‘‘(5) ensure that migratory children who are eli13 gible to receive services under this part are selected 

14 to receive such services on the same basis as other 

15 children who are selected to receive services under 

16 this part; 

17 ‘‘(6) engage in timely and meaningful consulta18 tion with representatives of Indian tribes located in 

19 the area served by the local educational agency; 

20 ‘‘(7) provide services to eligible children attend21 ing private elementary schools and secondary schools 

22 in accordance with section 1120, and timely and 

23 meaningful consultation with private school officials 

24 regarding such services; 


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1 ‘‘(8) inform eligible schools of the local edu2 cational agency’s authority to obtain waivers on the 

3 school’s behalf under applicable Federal flexibility 

4 provisions; 

5 ‘‘(9) in the case of a local educational agency 

6 that chooses to use funds under this part to provide 

7 early childhood education services to low-income chil8 dren below the age of compulsory school attendance, 

9 ensure that such services comply with the education 

10 performance standards in effect under section 

11 641A(a)(1)(B) of the Head Start Act; 

12 ‘‘(10) comply with the requirements of section 

13 1501 that relate to the local educational agency and 

14 describe the local educational agency’s plan to en15 sure such compliance; 

16 ‘‘(11) comply with the requirements of subtitle 

17 B of title VII of the McKinney-Vento Homeless As18 sistance Act that relate to the local educational 

19 agency; 

20 ‘‘(12) annually submit to the State educational 

21 agency the information contained in each school eq22 uity report card described in section 1111(g)(2); and 

23 ‘‘(13) annually submit to the State educational 

24 agency, for each quartile of schools in the local edu25 cational agency based on school poverty level and for 


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1 high-minority schools and low-minority schools in 

2 the local educational agency, data regarding the per3 centage and distribution of the following categories 

4 of teachers: 

5 ‘‘(A) Teachers who are new. 

6 ‘‘(B) Teachers who have not completed a 

7 teacher preparation program. 

8 ‘‘(C) Teachers who are not teaching in the 

9 subject or field for which the teacher is certified 

10 or licensed. 

11 ‘‘(D) Where applicable, teachers who have 

12 the highest or lowest ratings in a professional 

13 growth and improvement system. 

14 ‘‘(f) PARENTAL NOTIFICATION REGARDING LAN15 GUAGE INSTRUCTION PROGRAMS.— 

16 ‘‘(1) IN GENERAL.—Each local educational 

17 agency using funds under this part to provide a lan18 guage instruction educational program as deter19 mined under part C of title III shall, not later than 

20 30 days after the beginning of the school year, in21 form a parent or parents of an English learner iden22 tified for participation or participating in, such a 

23 program of— 

24 ‘‘(A) the reasons for the identification of 

25 their child as an English learner and in need of 


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1 placement in a language instruction educational 

2 program; 

3 ‘‘(B) the child’s level of English pro4 ficiency, how such level was assessed, and the 

5 status of the child’s academic achievement; 

6 ‘‘(C) the methods of instruction used in 

7 the program in which their child is, or will be, 

8 participating, and the methods of instruction 

9 used in other available programs, including how 

10 such programs differ in content, instructional 

11 goals, and the use of English and a native lan12 guage in instruction; 

13 ‘‘(D) how the program in which their child 

14 is, or will be, participating, will meet the edu15 cational strengths and needs of their child; 

16 ‘‘(E) how such program will specifically 

17 help their child learn English, and meet age-ap18 propriate academic achievement standards for 

19 grade promotion and graduation; 

20 ‘‘(F) the specific exit requirements for the 

21 program, including the expected rate of transi22 tion from such program into classrooms that 

23 are not tailored for English learners, and the 

24 expected rate of graduation from secondary 


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1 school for such program if funds under this 

2 part are used for children in secondary schools; 

3 ‘‘(G) in the case of a child with a dis4 ability, how such program meets the objectives 

5 of the individualized education program of the 

6 child; and 

7 ‘‘(H) information pertaining to parental 

8 rights that includes written guidance— 

9 ‘‘(i) detailing— 

10 ‘‘(I) the right that parents have 

11 to have their child immediately re12 moved from such program upon their 

13 request; and 

14 ‘‘(II) the options that parents 

15 have to decline to enroll their child in 

16 such program or to choose another 

17 program or method of instruction, if 

18 available; and 

19 ‘‘(ii) assisting parents in selecting 

20 among various programs and methods of 

21 instruction, if more than 1 program or 

22 method is offered by the eligible entity. 

23 ‘‘(2) NOTICE.—The notice and information pro24 vided in paragraph (1) to a parent or parents of a 

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1 struction educational program for English learners 

2 shall be in an understandable and uniform format 

3 and, to the extent practicable, provided in a lan4 guage that the parents can understand. 

5 ‘‘(3) SPECIAL RULE APPLICABLE DURING THE

6 SCHOOL YEAR.—For those children who have not 

7 been identified as English learners prior to the be8 ginning of the school year and who are subsequently 

9 so identified, the local educational agency shall no10 tify the parents of such children within the first 2 

11 weeks of the child being placed in a language in12 struction educational program consistent with para13 graphs (1) and (2). 

14 ‘‘(4) PARENTAL PARTICIPATION.—Each local 

15 educational agency receiving funds under this part 

16 shall implement an effective means of outreach to 

17 parents and, to the extent practicable, family mem18 bers, of English learner students to inform the par19 ents and family members regarding how the parents 

20 and family members can be involved in the education 

21 of their children, and be active participants in assist22 ing their children to attain English proficiency, 

23 achieve at high levels in core academic subjects, and 

24 meet college and career ready State student aca25 demic achievement standards and State academic 


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1 content standards expected of all students, including 

2 holding, and sending notice of opportunities for, reg3 ular meetings for the purpose of formulating and re4 sponding to recommendations from parents and fam5 ily members of students assisted under this part. 

6 ‘‘(5) BASIS FOR ADMISSION OR EXCLUSION.—A 

7 student shall not be admitted to, or excluded from, 

8 any federally assisted education program on the 

9 basis of a surname or language-minority status.’’. 

10 SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS. 

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

12 (1) in subsection (a)— 

13 (A) by striking paragraph (3) and insert14 ing the following: 

15 ‘‘(3) RANKING ORDER.— 

16 ‘‘(A) IN GENERAL.—Except as provided in 

17 subparagraph (B), if funds allocated in accord18 ance with subsection (c) are insufficient to serve 

19 all eligible school attendance areas, a local edu20 cational agency shall— 

21 ‘‘(i) annually rank, without regard to 

22 grade spans, such agency’s eligible school 

23 attendance areas in which the concentra24 tion of children from low-income families 

25 exceeds 75 percent, or exceeds 50 percent 


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1 in the case of the high schools served by 

2 such agency, from highest to lowest ac3 cording to the percentage of children from 

4 low-income families; and 

5 ‘‘(ii) serve such eligible school attend6 ance areas in rank order. 

7 ‘‘(B) APPLICABILITY.—A local educational 

8 agency shall not be required to reduce, in order 

9 to comply with subparagraph (A), the amount 

10 of funding provided under this part to elemen11 tary schools and middle schools from the 

12 amount of funding provided under this part to 

13 such schools for the fiscal year preceding the 

14 data of enactment of the Strengthening Amer15 ica’s Schools Act of 2013 in order to provide 

16 funding under this part to high schools pursu17 ant to subparagraph (A).’’; 

18 (B) by striking paragraph (5) and insert19 ing the following: 

20 ‘‘(5) MEASURES.— 

21 ‘‘(A) IN GENERAL.—Except as provided in 

22 subparagraph (B), the local educational agency 

23 shall use the same measure of poverty, which 

24 measure shall be the number of children ages 5 

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1 cent census data approved by the Secretary, the 

2 number of children eligible for free and reduced 

3 priced lunches under the Richard B. Russell 

4 National School Lunch Act, the number of chil5 dren in families receiving assistance under the 

6 State program funded under part A of title IV 

7 of the Social Security Act, or the number of 

8 children eligible to receive medical assistance 

9 under the Medicaid program, or a composite of 

10 such indicators, with respect to all school at11 tendance areas in the local educational agen12 cy— 

13 ‘‘(i) to identify eligible school attend14 ance areas; 

15 ‘‘(ii) to determine the ranking of each 

16 area; and 

17 ‘‘(iii) to determine allocations under 

18 subsection (c). 

19 ‘‘(B) LOW-INCOME FAMILIES IN SEC20 ONDARY SCHOOLS.—For measuring the number 

21 of students in low-income families in secondary 

22 schools, the local educational agency shall use 

23 the same measure of poverty, which shall be the 

24 calculation producing the greater of the results 

25 from among the following 2 calculations: 


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1 ‘‘(i) The calculation described under 

2 subparagraph (A). 

3 ‘‘(ii) A feeder pattern described in 

4 subparagraph (C). 

5 ‘‘(C) FEEDER PATTERN.—In this part, the 

6 term ‘feeder pattern’ means an accurate esti7 mate of the number of students in low-income 

8 families in a secondary school that is calculated 

9 by applying the average percentage of students 

10 in low-income families of the elementary school 

11 attendance areas as calculated under subpara12 graph (A) that feed into the secondary school to 

13 the number of students enrolled in such 

14 school.’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(8) RESERVATION FOR EARLY CHILDHOOD

17 EDUCATION.—A local educational agency may re18 serve funds made available to carry out this section 

19 for early childhood education in eligible school at20 tendance areas before making allocations to high 

21 schools in eligible school attendance areas pursuant 

22 to this section.’’; and 

23 (2) in subsection (c)— 

24 (A) by striking paragraph (3) and insert25 ing the following: 


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1 ‘‘(3) RESERVATION FOR HOMELESS CHILDREN

2 AND YOUTH AND OTHER AT-RISK CHILDREN.— 

3 ‘‘(A) FUNDS FOR HOMELESS CHILDREN

4 AND YOUTH AND OTHER AT-RISK CHILDREN.— 

5 A local educational agency shall reserve such 

6 funds as are necessary under this part to 

7 serve— 

8 ‘‘(i) homeless children who are attend9 ing any public school served by the local 

10 educational agency, including providing 

11 educationally related support services to 

12 children in shelters and other locations 

13 where children may live; 

14 ‘‘(ii) children in local institutions for 

15 neglected children; 

16 ‘‘(iii) if appropriate, children in local 

17 institutions for delinquent children, and 

18 neglected or delinquent children in commu19 nity day programs; and 

20 ‘‘(iv) children in foster care (as de21 fined in section 1502), including providing 

22 points of contact (as described in section 

23 1501(d)) in local educational agencies for 

24 child welfare agencies and children in fos25 ter care. 


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1 ‘‘(B) RESERVATION OF FUNDS.—Notwith2 standing the requirements of subsections (b) 

3 and (c) of section 1120A, funds reserved under 

4 subparagraph (A) may be used to provide 

5 homeless children and youths with services not 

6 ordinarily provided to other students under this 

7 part, including— 

8 ‘‘(i) providing funding for the liaison 

9 designated pursuant to section 

10 722(g)(1)(J)(ii) of the McKinney-Vento 

11 Homeless Assistance Act; 

12 ‘‘(ii) providing transportation pursu13 ant to section 722(g)(1)(J)(iii) of such 

14 Act; 

15 ‘‘(iii) providing services to preschool16 aged homeless children and homeless sec17 ondary school students; 

18 ‘‘(iv) providing support services to 

19 homeless children and youths in shelters 

20 and other locations where they may live; 

21 and 

22 ‘‘(v) removing barriers to homeless 

23 children and youths’ enrollment, attend24 ance, retention, and success in school. 


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1 ‘‘(C) AMOUNT RESERVED.—The amount of 

2 funds reserved in accordance with subparagraph 

3 (A)(i) shall be determined by an assessment of 

4 the needs of homeless children and youths in 

5 the local educational agency. Such needs assess6 ment shall include the following: 

7 ‘‘(i) Information related to child, 

8 youth, and family homelessness in the local 

9 educational agency obtained through the 

10 coordination and collaboration required 

11 under subsections (f)(4) and (g)(5) of sec12 tion 722 of the McKinney-Vento Homeless 

13 Assistance Act. 

14 ‘‘(ii) The number of homeless children 

15 and youths reported by the local edu16 cational agency to the State educational 

17 agency under section 722(f)(3) of the 

18 McKinney-Vento Homeless Assistance Act 

19 for the previous school year.’’; and 

20 (B) in paragraph (4), by striking ‘‘eligible 

21 under this section and identified for school im22 provement, corrective action, and restructuring 

23 under section 1116(b)’’ and inserting ‘‘identi24 fied as a priority school under section 1116(d)’’. 


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1 SEC. 1114. SCHOOLWIDE PROGRAMS. 

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

3 (1) in subsection (a)— 

4 (A) in paragraph (1), by adding at the end 

5 the following: ‘‘Funds under this part may be 

6 used to support evidence-based activities that 

7 address needs identified through the com8 prehensive needs assessment under subsection 

9 (b)(1)(A) and consistent with the schoolwide 

10 program.’’; 

11 (B) in paragraph (2)— 

12 (i) in subparagraph (A)(ii), by strik13 ing ‘‘provide’’ and all that follows through 

14 the period and inserting ‘‘identify par15 ticular services as supplemental.’’; and 

16 (ii) by striking subparagraph (B) and 

17 inserting the following: 

18 ‘‘(B) SUPPLEMENTAL FUNDS.— 

19 ‘‘(i) IN GENERAL.—A local edu20 cational agency serving a school partici21 pating in a schoolwide program shall use 

22 funds available to carry out this section 

23 only to supplement the aggregate amount 

24 of funds that would, in the absence of 

25 funds under this part, be made available 

26 from State and local sources for the school, 


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1 including funds needed to provide services 

2 that are required by law for children with 

3 disabilities and children who are English 

4 learners. 

5 ‘‘(ii) COMPLIANCE.—To demonstrate 

6 compliance with clause (i), a local edu7 cational agency shall demonstrate that the 

8 methodology it uses to allocate State and 

9 local funds to each school receiving funds 

10 under this part ensures the school receives 

11 all of the State and local funds the school 

12 would otherwise receive if it were not re13 ceiving funds under this part. 

14 ‘‘(iii) NONAPPLICABILITY.—Section 

15 1120A(b) shall not apply to schools oper16 ating schoolwide programs under this sec17 tion.’’; 

18 (C) in paragraph (3)(B)— 

19 (i) by inserting ‘‘or’’ after ‘‘civil 

20 rights,’’; and 

21 (ii) by striking ‘‘, services to private 

22 school children, maintenance of effort, 

23 comparability of services, uses of Federal 

24 funds to supplement, not supplant non25 Federal funds, or the distribution of funds 


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1 to State educational agencies or local edu2 cational agencies’’; and 

3 (D) by striking paragraph (4) and insert4 ing the following: 

5 ‘‘(4) EXTERNAL PROVIDERS.—A school may 

6 carry out a schoolwide program under this sub7 section through an external provider if the school 

8 demonstrates, in the plan required under subsection 

9 (b)(2), that the external provider has expertise in 

10 using strategies and programs that are based on sci11 entifically valid research to improve teaching, learn12 ing, and schools.’’; 

13 (2) in subsection (b)— 

14 (A) in paragraph (1)— 

15 (i) in subparagraph (A)— 

16 (I) by striking ‘‘section 1309(2)’’ 

17 and inserting ‘‘section 1312’’; and 

18 (II) by striking ‘‘section 

19 1111(b)(1)’’ and inserting ‘‘section 

20 1111(a)(1)’’; and 

21 (ii) in subparagraph (B)— 

22 (I) in clause (i), by striking ‘‘to 

23 meet the State’s proficient and ad24 vanced levels of student academic 

25 achievement described in section 


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1 1111(b)(1)(D)’’ and inserting ‘‘to be 

2 proficient or advanced students, as de3 scribed in section 

4 1111(a)(3)(B)(ii)(I)’’; 

5 (II) in clause (ii), by striking 

6 ‘‘scientifically based research’’ and in7 serting ‘‘scientifically valid research’’; 

8 and 

9 (III) in clause (iii)— 

10 (aa) in subclause (I)— 

11 (AA) in item (aa), by 

12 striking ‘‘pupil services’’ and 

13 inserting ‘‘specialized in14 structional support serv15 ices’’; 

16 (BB) in item (bb), by 

17 striking ‘‘and’’ after the 

18 semicolon; 

19 (CC) in item (cc), by 

20 striking ‘‘vocational and 

21 technical education pro22 grams; and’’ and inserting 

23 ‘‘career and technical edu24 cation programs;’’; and 


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1 (DD) by adding at the 

2 end the following: 

3 ‘‘(dd) implementation of 

4 schoolwide positive behavioral 

5 interventions and supports, in6 cluding through coordination 

7 with activities carried out under 

8 the Individuals with Disabilities 

9 Education Act, in order to im10 prove academic outcomes for stu11 dents and reduce the need for 

12 suspensions, expulsions, and 

13 other actions that remove stu14 dents from instruction; and 

15 ‘‘(ee) implementation of 

16 early intervening services, includ17 ing through coordination with 

18 early intervening services carried 

19 out under the Individuals with 

20 Disabilities Education Act;’’; and 

21 (bb) in subclause (II), by 

22 striking ‘‘and’’ after the semi23 colon; and 

24 (cc) by adding at the end 

25 the following: 


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1 ‘‘(III) a multi-tier system of sup2 ports and positive behavioral interven3 tions and supports; and 

4 ‘‘(IV) support for programs, ac5 tivities, courses, and professional de6 velopment in the core academic sub7 jects that are targeted toward assist8 ing children described in subclause (I) 

9 in meeting the academic content and 

10 student academic achievement stand11 ards described in section 1111(a)(1); 

12 and’’; 

13 (iii) in subparagraph (C), by inserting 

14 ‘‘and highly rated’’ after ‘‘qualified’’; 

15 (iv) by striking subparagraphs (D) 

16 and (F); 

17 (v) by redesignating subparagraphs 

18 (E), (G), (H), (I), and (J), as subpara19 graphs (D), (E), (F), (G), and (H), respec20 tively; 

21 (vi) in subparagraph (D), as redesig22 nated by clause (v), by inserting ‘‘and 

23 highly rated’’ after ‘‘qualified’’; 

24 (vii) in subparagraph (E), as redesig25 nated by clause (v), by striking ‘‘, Even 


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1 Start, Early Reading First,’’ and inserting 

2 ‘‘, programs under part A of title IV,’’; 

3 (viii) in subparagraph (F), as redesig4 nated by clause (v), by striking ‘‘section 

5 1111(b)(3)’’ and inserting ‘‘section 

6 1111(a)(2)’’; and 

7 (ix) in subparagraph (G), as redesig8 nated by clause (v), by striking ‘‘proficient 

9 or advanced levels of academic achievement 

10 standards required by section 1111(b)(1)’’ 

11 and inserting ‘‘proficient and advanced lev12 els of academic achievement standards de13 scribed in section 1111(a)(1)(A)(iv)’’; and 

14 (B) in paragraph (2)— 

15 (i) in subparagraph (A)— 

16 (I) in the matter preceding clause 

17 (i), by striking ‘‘No Child Left Behind 

18 Act of 2001), in consultation with the 

19 local educational agency and its school 

20 support team or other technical assist21 ance provider under section 1117,’’ 

22 and inserting ‘‘Strengthening Amer23 ica’s Schools Act of 2013), in con24 sultation with the local educational 

25 agency,’’; and 


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1 (II) in clause (iv), by striking 

2 ‘‘section 1111(b)(3)’’ and inserting 

3 ‘‘section 1111(a)(2)’’; and 

4 (ii) in subparagraph (B)— 

5 (I) in clause (i)— 

6 (aa) in subclause (I), by 

7 striking ‘‘, after considering the 

8 recommendation of the technical 

9 assistance providers under sec10 tion 1117,’’; and 

11 (bb) in subclause (II), by 

12 striking ‘‘the No Child Left Be13 hind Act of 2001’’ and inserting 

14 ‘‘the Strengthening America’s 

15 Schools Act of 2013’’; 

16 (II) in clause (ii), by striking 

17 ‘‘pupil services personnel’’ and insert18 ing ‘‘specialized instructional support 

19 personnel’’; and 

20 (III) in clause (v), by striking 

21 ‘‘Reading First, Early Reading First, 

22 Even Start,’’ and inserting ‘‘part A of 

23 title IV,’’; and 


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1 (3) in subsection (c), by striking ‘‘Even Start 

2 programs or Early Reading First programs’’ and in3 serting ‘‘programs under part A of title IV’’. 

4 SEC. 1115. TARGETED ASSISTANCE SCHOOLS. 

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

6 (1) in subsection (b)— 

7 (A) in paragraph (1)(B)— 

8 (i) by striking ‘‘challenging’’ and in9 serting ‘‘college and career ready’’; and 

10 (ii) by striking ‘‘except that’’ and all 

11 that follows through the period at the end 

12 and inserting ‘‘including children who are 

13 at risk of failing to be ready for elemen14 tary school.’’; and 

15 (B) in paragraph (2)— 

16 (i) in subparagraph (A), by striking 

17 ‘‘or limited English proficient children’’ 

18 and inserting ‘‘, or English learners’’; and 

19 (ii) by striking subparagraph (B) and 

20 inserting the following: 

21 ‘‘(B) HEAD START OR LITERACY PRO22 GRAMS.—A child who, at any time in the 2 

23 years preceding the year for which the deter24 mination is made, participated in a Head Start 

25 program, a program under part A of title IV, 


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1 or in preschool services under this title, is eligi2 ble for services under this part.’’; 

3 (2) in subsection (c)— 

4 (A) in paragraph (1)— 

5 (i) in the matter preceding subpara6 graph (A), by striking ‘‘challenging’’ and 

7 inserting ‘‘college and career ready’’; 

8 (ii) in subparagraph (A), by striking 

9 ‘‘challenging’’ and inserting ‘‘college and 

10 career ready’’; 

11 (iii) in subparagraph (C)— 

12 (I) in the matter preceding clause 

13 (i), by striking ‘‘scientifically based 

14 research’’ and inserting ‘‘scientifically 

15 valid research’’; 

16 (II) in clause (ii), by striking 

17 ‘‘and’’ after the semicolon; and 

18 (III) by adding at the end the 

19 following: 

20 ‘‘(iv) may include a multi-tier system 

21 of supports and positive behavioral sup22 ports; and 

23 ‘‘(v) may include support for pro24 grams, activities, courses, and professional 

25 development in the core academic subjects 


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1 that are targeted toward children described 

2 in subclause (I) to enable such children to 

3 meet the academic content and student 

4 academic achievement standards described 

5 in section 1111;’’; 

6 (iv) in subparagraph (D), by striking 

7 ‘‘Even Start, Early Reading First’’ and in8 serting ‘‘programs under part A of title 

9 IV,’’; 

10 (v) in subparagraph (E), by inserting 

11 ‘‘and highly rated’’ after ‘‘qualified’’; and 

12 (vi) in subparagraph (F)— 

13 (I) by striking ‘‘subsection (e)(3) 

14 and’’; and 

15 (II) by striking ‘‘pupil services 

16 personnel’’ and inserting ‘‘specialized 

17 instructional support personnel’’; and 

18 (B) in paragraph (2)— 

19 (i) in the matter preceding subpara20 graph (A), by striking ‘‘proficient and ad21 vanced’’ and inserting ‘‘on-track and ad22 vanced’’; and 

23 (ii) in subparagraph (B), by striking 

24 ‘‘challenging’’ and inserting ‘‘college and 

25 career ready’’; and 


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1 (3) in subsection (e)(2)(B)(iii), by striking 

2 ‘‘pupil services personnel’’ and inserting ‘‘specialized 

3 instructional support personnel’’. 

4 SEC. 1116. SCHOOL PERFORMANCE. 

5 Section 1116 (20 U.S.C. 6316) is amended to read 

6 as follows: 

7 ‘‘SEC. 1116. SCHOOL PERFORMANCE. 

8 ‘‘(a) SCHOOL ACCOUNTABILITY AND IMPROVEMENT

9 SYSTEM.— 

10 ‘‘(1) IN GENERAL.—Each State receiving a 

11 grant under this part shall establish a school ac12 countability and improvement system that— 

13 ‘‘(A) is part of the accountability system 

14 required under section 1111(a)(3) and imple15 ments the requirements of such system; 

16 ‘‘(B) supports schools that are not meeting 

17 the State’s performance targets under section 

18 1111(a)(3)(C) for all students; and 

19 ‘‘(C) identifies the public elementary 

20 schools and secondary schools in the State that 

21 will need local interventions under subsection 

22 (b), that are focus schools under subsection (c), 

23 and that are priority schools under subsection 

24 (d), and the processes to be used to improve 


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1 schools in each category, in accordance with 

2 this section and section 2123(b). 

3 ‘‘(2) REVIEW AND APPROVAL.—The State shall 

4 include information describing the school account5 ability and improvement system in the State plan 

6 under section 1111(b), which shall be subject to peer 

7 review and approval by the Secretary as part of the 

8 State plan, in accordance with such section. 

9 ‘‘(b) LOCAL INTERVENTIONS; REPORTING.— 

10 ‘‘(1) LOCAL INTERVENTIONS.—Beginning in 

11 the 2015–2016 school year, each local educational 

12 agency receiving a subgrant under this part shall— 

13 ‘‘(A) identify each school that, after 2 con14 secutive years, has not met the same perform15 ance target described in section 1111(a)(3)(C) 

16 for the same subgroup described in section 

17 1111(a)(3)(D); and 

18 ‘‘(B) ensure that such school, in collabora19 tion with the local educational agency, develops 

20 and implements a locally designed intervention 

21 to improve student achievement in each such 

22 subgroup. 

23 ‘‘(2) REPORTING.—Each local educational 

24 agency that implements locally designed interven25 tions under paragraph (1) to support schools that 


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1 have not met performance targets for a subgroup 

2 will report to the State educational agency regarding 

3 the resources and interventions used to address the 

4 achievement of students in the subgroup, and the 

5 outcomes of those efforts. The State educational 

6 agency shall annually select the interventions with 

7 exemplary outcomes, share such interventions and 

8 outcomes with the public, and communicate such 

9 interventions and outcomes to the Secretary. 

10 ‘‘(3) LACK OF IMPROVEMENT.—Each school 

11 served under this part that has been identified as a 

12 school that has not met the same subgroup perform13 ance target, as described in paragraph (1), for the 

14 preceding 3 consecutive years shall work with the 

15 State educational agency to implement a State-ap16 proved intervention based on established best prac17 tices within State. 

18 ‘‘(c) FOCUS SCHOOLS.— 

19 ‘‘(1) IDENTIFICATION.—Beginning in the 

20 2015–2016 school year, a State shall identify as a 

21 focus school, for the 3-year period following the 

22 school’s identification period (except as provided in 

23 paragraph (2))— 

24 ‘‘(A) each public school in the State that— 


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1 ‘‘(i) is not identified as a priority 

2 school under subsection (d); and 

3 ‘‘(ii) is in the 10 percent of such 

4 schools with the greatest achievement gaps 

5 among the subgroups described in section 

6 1111(a)(3)(D) as compared to the state7 wide average, as determined by the State 

8 academic assessments under section 

9 1111(a)(2); and 

10 ‘‘(B) each public high school in the State 

11 that— 

12 ‘‘(i) is not identified as a priority 

13 school under subsection (d); and 

14 ‘‘(ii) is in the 10 percent of such 

15 schools with the greatest graduation rate 

16 gaps among such subgroups as compared 

17 to the statewide averages. 

18 ‘‘(2) IMPROVEMENT STRATEGIES.—For each 

19 focus school identified under paragraph (1), the local 

20 educational agency serving the school shall, in ac21 cordance with the State accountability system de22 scribed in section 1111(a)(3), develop and imple23 ment a measurable and data-driven correction plan 

24 to improve the performance of low-achieving sub25 groups in the school in order to close achievement 


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1 gaps. A correction plan under this paragraph shall 

2 be developed with input from teachers, parents, com3 munity members, and other stakeholders. 

4 ‘‘(3) STATE WAIVER.—If a State determines 

5 that all schools that would otherwise be considered 

6 to be the lowest-achieving 10 percent of schools with 

7 the greatest achievement gap, or graduation rate 

8 gap, under paragraph (1), are actually performing at 

9 a satisfactory level of performance, the State may 

10 apply to the Secretary to waive the requirements of 

11 this subsection with respect to such schools. 

12 ‘‘(4) IMPROVEMENT.—The State educational 

13 agency shall no longer identify a school that has 

14 been identified as a focus school for any remainder 

15 of the school’s 3-year identification period if— 

16 ‘‘(A) at any time during the 3-year period 

17 for which a school is so identified, the school 

18 has met all of its performance targets as de19 scribed in section 1111(a)(3)(C) for the school 

20 year; or 

21 ‘‘(B) after 2 years of the 3-year period, the 

22 State determines, based on the most current 

23 data, that the school’s rate of improvement is 

24 sufficient to enable the school to meet all of the 


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1 school’s performance targets by the end of the 

2 3-year period. 

3 ‘‘(d) PRIORITY SCHOOLS.— 

4 ‘‘(1) IDENTIFICATION.— 

5 ‘‘(A) IN GENERAL.—Beginning in the 

6 2015–2016 school year, a State shall identify as 

7 a priority school, for the 3-year period following 

8 the school’s identification (except as provided in 

9 paragraph (5))— 

10 ‘‘(i) each school served under this part 

11 in the State that is in the lowest-achieving 

12 5 percent of elementary schools; 

13 ‘‘(ii) each school served under this 

14 part in the State that is in the lowest15 achieving 5 percent of secondary schools; 

16 ‘‘(iii) each public high school in the 

17 State with a graduation rate of less than 

18 60 percent; and 

19 ‘‘(iv) each school served under this 

20 part that has been identified as a focus 

21 school under subsection (c) for the 6 pre22 ceding consecutive years. 

23 ‘‘(B) STATE WAIVER.—If a State deter24 mines that all schools that would otherwise be 

25 considered to be the lowest-achieving 5 percent 


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1 of schools under clause (i), are actually per2 forming at a satisfactory level of performance 

3 based on the measures used by the State to 

4 identify priority schools, the State may apply to 

5 the Secretary to waive the requirements of this 

6 subparagraph, and paragraphs (2) through (5), 

7 for such schools. 

8 ‘‘(2) NEEDS ANALYSIS.—Each local educational 

9 agency receiving assistance under this part shall 

10 conduct a data-driven needs analysis, which may in11 volve an external partner with expertise in con12 ducting such needs analysis, of each school identified 

13 as a priority school, as the case may be, to deter14 mine the most appropriate school improvement 

15 strategies to improve student performance. Such 

16 needs analysis shall include— 

17 ‘‘(A) a diagnostic review of data related to 

18 students and instructional staff; 

19 ‘‘(B) an analysis of the school governance, 

20 curriculum, instruction, student supports, con21 ditions for learning, and parent and family en22 gagement practices relative to the needs of the 

23 student population; and 

24 ‘‘(C) the resources, which may include 

25 community-based supports and early childhood 


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1 education, available at the school, local edu2 cational agency, and community levels to meet 

3 student needs and support improved student 

4 achievement and outcomes and the implementa5 tion of any school improvement strategy. 

6 ‘‘(3) STATE AND LOCAL RESPONSIBILITIES FOR

7 IDENTIFIED SCHOOLS.— 

8 ‘‘(A) STATE RESPONSIBILITIES.—Each 

9 State receiving a grant under this part shall en10 sure that a local educational agency receiving 

11 assistance under this part carries out the re12 quirements of subparagraph (B) for each school 

13 identified as a priority school under paragraph 

14 (1) in the State. 

15 ‘‘(B) LOCAL EDUCATIONAL AGENCY RE16 SPONSIBILITIES.—Each local educational agen17 cy receiving assistance under this part shall, 

18 consistent with the State’s accountability sys19 tem under section 1111(a)(3)— 

20 ‘‘(i) establish a process for selecting 

21 an appropriate school improvement strat22 egy for each school described in subpara23 graph (A) that is served by the local edu24 cational agency; 


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1 ‘‘(ii) select the school improvement 

2 strategy to be used in each such school and 

3 the timeline for implementing the selected 

4 school improvement strategy in such 

5 school; 

6 ‘‘(iii) develop a detailed budget cov7 ering the 3-year identification period, in8 cluding planned expenditures at the school 

9 level for activities supporting full and ef10 fective implementation of the selected 

11 school improvement strategy; 

12 ‘‘(iv) implement a school improvement 

13 strategy at the school in accordance with 

14 the requirements of paragraph (4); 

15 ‘‘(v) use appropriate measures to 

16 monitor the effectiveness of the implemen17 tation; 

18 ‘‘(vi) review and select turnaround 

19 partners to assist in implementing school 

20 improvement strategies; 

21 ‘‘(vii) align other Federal, State, and 

22 local resources with the school improve23 ment strategy; 

24 ‘‘(viii) provide the school with the 

25 operational flexibility, including autonomy 


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1 over staffing, time, and budget, needed to 

2 enable full and effective implementation of 

3 the selected strategy, including through the 

4 modification of practices or policies, if nec5 essary; 

6 ‘‘(ix) collect and use data on an ongo7 ing basis to adjust implementation of the 

8 school improvement strategy to improve 

9 student achievement; 

10 ‘‘(x) provide an assurance that the im11 plementation of the selected school im12 provement strategy addresses the needs of 

13 all the subgroups of students described in 

14 section 1111(a)(3)(D) in the school; 

15 ‘‘(xi) take steps to sustain successful 

16 reforms and practices after the school is no 

17 longer identified as a priority school; 

18 ‘‘(xii) provide technical assistance and 

19 other support to ensure students graduate 

20 from high school college- and career-ready, 

21 as determined by the State’s academic con22 tent standards under section 1111(a)(1), 

23 through the effective implementation of the 

24 school improvement strategy in the school, 

25 which— 


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1 ‘‘(I) may include assistance in— 

2 ‘‘(aa) data collection and 

3 analysis; 

4 ‘‘(bb) recruiting and retain5 ing staff; 

6 ‘‘(cc) teacher and principal 

7 evaluation; 

8 ‘‘(dd) professional develop9 ment; 

10 ‘‘(ee) parent and family en11 gagement; 

12 ‘‘(ff) coordination of services 

13 with high-quality early childhood 

14 education providers; 

15 ‘‘(gg) coordination of serv16 ices to address students’ social, 

17 emotional, and health needs; and 

18 ‘‘(hh) monitoring the imple19 mentation of the school improve20 ment strategy selected under 

21 paragraph (4); and 

22 ‘‘(II) shall include assistance in 

23 the implementation of schoolwide posi24 tive behavior supports, school-based 

25 mental health programs, and other 


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1 approaches with evidence of effective2 ness, for improving the learning envi3 ronment in the school and reducing 

4 the need for suspensions, expulsions, 

5 and other actions that remove stu6 dents from instruction, including ef7 fective strategies for improving coordi8 nation of community resources; 

9 ‘‘(xiii) establish partnerships with em10 ployers, institutions of higher education, 

11 service providers, and others to assist in 

12 implementing school improvement strate13 gies described in paragraph (4); and 

14 ‘‘(xiv) review school discipline and cli15 mate data, disaggregated by each subgroup 

16 described in section 1111(a)(3)(D), in as17 sessing the needs of the school and, if low18 achieving subgroups receive a dispropor19 tionate amount of suspensions, expulsions, 

20 or other forms of exclusionary discipline, 

21 incorporate evidence-based strategies to re22 duce out-of-classroom punishment and pro23 mote student engagement in the school’s 

24 improvement plan. 


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1 ‘‘(C) STATE AS LOCAL EDUCATIONAL

2 AGENCY.—If a school identified as a priority 

3 school under this subsection for a 3-year identi4 fication period is re-identified as a priority 

5 school for the subsequent 3-year period, the 

6 State may take over the school and act as the 

7 local educational agency for purposes of this 

8 subsection, if permitted under State law. 

9 ‘‘(4) SCHOOL IMPROVEMENT STRATEGIES.— 

10 ‘‘(A) REQUIRED ACTIVITIES FOR ALL

11 SCHOOL IMPROVEMENT STRATEGIES.—A local 

12 educational agency implementing any strategies 

13 under this paragraph for a school shall— 

14 ‘‘(i) provide staff at the school with 

15 ongoing professional development, con16 sistent with the needs analysis described in 

17 paragraph (2); 

18 ‘‘(ii) conduct regular evaluations for 

19 the teachers and principals at the school 

20 that provide specific feedback on areas of 

21 strength and in need of improvement; 

22 ‘‘(iii) provide time for collaboration 

23 among instructional staff at the school to 

24 improve student achievement; 


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1 ‘‘(iv) provide instructional staff at the 

2 school with timely access to student data 

3 to inform instruction and meet the aca4 demic needs of individual students, which 

5 may include, in elementary school, school 

6 readiness data; 

7 ‘‘(v) collaborate with parents and fam8 ilies, the community, teachers, other school 

9 personnel at the school, and representa10 tives of Indian tribes located in the area 

11 served by the local educational agency, on 

12 the selection and implementation of the 

13 strategy; 

14 ‘‘(vi) use data to identify and imple15 ment a research-based instructional pro16 gram that— 

17 ‘‘(I) analyzes student progress 

18 and performance and develops appro19 priate interventions for students who 

20 are not making adequate progress; 

21 and 

22 ‘‘(II) provides differentiated in23 struction and related instructional 

24 supports; 


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1 ‘‘(III) meets the unique cultural, 

2 language, and educational needs of all 

3 students served by such school; 

4 ‘‘(vii) in the case of an elementary 

5 school with kindergarten entry— 

6 ‘‘(I) examine factors that con7 tribute to school readiness as part of 

8 the needs analysis conducted under 

9 paragraph (2); 

10 ‘‘(II) coordinate with appropriate 

11 high-quality early childhood programs, 

12 such as programs under the Child 

13 Care Development and Block Grant 

14 Act of 1990, the Head Start Act, pre15 kindergarten programs, and other 

16 similar Federal, State, and local pro17 grams, in order to align instruction to 

18 better prepare students for elementary 

19 school; and 

20 ‘‘(III) develop a plan to improve 

21 or expand high-quality early childhood 

22 options which may include the use of 

23 funds under this part for such pur24 poses; 


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1 ‘‘(viii) provide ongoing mechanisms 

2 for parent and family engagement; 

3 ‘‘(ix) provide appropriate services and 

4 evidence-based, integrated supports for 

5 students as identified in the school’s needs 

6 analysis; 

7 ‘‘(x) describe, in a report to the State 

8 educational agency and made available to 

9 the public upon request, how the local edu10 cational agency or school will adopt and 

11 implement policies or practices to develop, 

12 implement, improve, or expand positive be13 havioral interventions and supports, early 

14 intervening services, and school-based men15 tal health programs in accordance with the 

16 requirements of clauses (xi) through (xiv); 

17 ‘‘(xi)(I) review and analyze the 

18 school’s efforts to address behavioral or 

19 disciplinary problems; and 

20 ‘‘(II) assist the school in developing, 

21 expanding, or improving the use of 

22 schoolwide positive behavioral interventions 

23 and supports that are aligned with activi24 ties carried out under the Individuals with 

25 Disabilities Education Act; and 


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1 ‘‘(xii) review and analyze the school’s 

2 efforts to identify and assist students with 

3 poor academic achievement and students 

4 who are children with disabilities, and as5 sist the school in developing, implementing, 

6 or improving early intervening services 

7 that are coordinated with activities carried 

8 out under the Individuals with Disabilities 

9 Education Act; 

10 ‘‘(xiii) review the number of discipline 

11 incidents in the school and use that infor12 mation to assist the school to implement 

13 schoolwide positive behavioral interventions 

14 and supports or other early intervening 

15 services, or both; and 

16 ‘‘(xiv) review and analyze the school’s 

17 efforts to address mental health needs 

18 among students and assist the school in 

19 developing or improving school-based men20 tal health programs that are coordinated 

21 with activities carried out under the Indi22 viduals with Disabilities Education Act. 

23 ‘‘(B) STRATEGIES.—A local educational 

24 agency shall identify a school improvement 

25 strategy for a school identified as a priority 


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1 school under paragraph (1) from among the fol2 lowing strategies: 

3 ‘‘(i) TRANSFORMATION STRATEGY.—A 

4 local educational agency implementing a 

5 transformation strategy in a school shall— 

6 ‘‘(I) replace the principal, if the 

7 principal has served in that role at the 

8 school for more than 2 years, with a 

9 principal who has a demonstrated 

10 record of success in increasing student 

11 achievement and— 

12 ‘‘(aa) training or experience 

13 in raising student achievement; 

14 or 

15 ‘‘(bb) training or experience 

16 in turning around low-performing 

17 schools; 

18 ‘‘(II) require existing instruc19 tional staff and school leadership to 

20 reapply for their positions; and 

21 ‘‘(III) require that all instruc22 tional staff and school leadership hir23 ing be done at the school through mu24 tual consent. 


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1 ‘‘(ii) TURNAROUND STRATEGY.—A 

2 local educational agency implementing a 

3 turnaround model as a strategy for a 

4 school shall— 

5 ‘‘(I) replace the principal, if the 

6 principal has served in that role at the 

7 school for more than 2 years, with a 

8 principal who has the demonstrated 

9 record of success, training, or experi10 ence described in clause (i)(I); and 

11 ‘‘(II) screen all teachers in the 

12 school and retain not more than 65 

13 percent of them. 

14 ‘‘(iii) WHOLE SCHOOL REFORM

15 STRATEGY.—A local educational agency 

16 implementing a whole school reform strat17 egy for a school shall implement an evi18 dence-based strategy that ensures whole 

19 school reform. The strategy shall be under20 taken in partnership with an external pro21 vider offering a school reform program 

22 that is based on at least a moderate level 

23 of evidence that the program will have a 

24 statistically significant effect on student 

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1 signed or well-implemented experimental or 

2 quasi-experimental study. 

3 ‘‘(iv) RESTART STRATEGY.—A local 

4 educational agency implementing a restart 

5 strategy in a school shall carry out the fol6 lowing: 

7 ‘‘(I)(aa) Convert the school into a 

8 public charter school, or close and re9 open the school as a public charter 

10 school in partnership with a nonprofit 

11 charter school operator, a nonprofit 

12 charter management organization, or 

13 a nonprofit education management or14 ganization, that has a demonstrated 

15 record of improving student achieve16 ment for students similar to those 

17 served by the school; or 

18 ‘‘(bb) convert the school to a 

19 magnet school or create a new, inno20 vative school, as defined by the State. 

21 ‘‘(II) Ensure that the new 

22 school— 

23 ‘‘(aa) serves the grade levels 

24 as the original school for which 


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1 the strategy is being imple2 mented; and 

3 ‘‘(bb) enrolls any former 

4 student of the original school who 

5 requests to attend the school and 

6 then, after all such students are 

7 enrolled, admits additional stu8 dents, using a random lottery 

9 system if more students apply for 

10 admission than can be accommo11 dated. 

12 ‘‘(v) SCHOOL CLOSURE STRATEGY.—A 

13 local educational agency implementing a 

14 school closure strategy for a school— 

15 ‘‘(I) shall close the school and en16 roll the students who attended the 

17 school in other schools, including 

18 charter schools, served by the local 

19 educational agency that are within 

20 reasonable proximity to the closed 

21 school, as determined by the local 

22 educational agency, and that are high23 er-performing than the school that is 

24 being closed; 


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1 ‘‘(II) shall provide transpor2 tation, or shall pay for the provision 

3 of transportation, for each such stu4 dent to the student’s new school, con5 sistent with State law and local edu6 cational agency policy; 

7 ‘‘(III) shall provide information 

8 about high-quality educational op9 tions, as well as transition and sup10 port services to students, who at11 tended the closed school and the stu12 dents’ parents; and 

13 ‘‘(IV) may use school improve14 ment funds provided under subsection 

15 (f) to pay for the expenses of— 

16 ‘‘(aa) transitioning students 

17 from the school that is being 

18 closed to the new school; 

19 ‘‘(bb) supporting the new 

20 school; and 

21 ‘‘(cc) expanding and offering 

22 student supports and services 

23 within the new school, which may 

24 include high-quality prekinder25 garten programs and services. 


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1 ‘‘(C) FLEXIBILITY.— 

2 ‘‘(i) FLEXIBILITY FOR CERTAIN

3 LOCAL EDUCATIONAL AGENCIES.—Not4 withstanding any other provision of this 

5 paragraph— 

6 ‘‘(I) a local educational agency 

7 that is eligible for services under sub8 part 1 or 2 of part B of title VI, as 

9 determined by the Secretary, may 

10 modify not more than 1 of the ele11 ments or activities required under 

12 subparagraph (A) of a school improve13 ment strategy selected for a school 

14 identified under paragraph (4) in 

15 order to better meet the needs of stu16 dents in such school; and 

17 ‘‘(II) a State educational agency 

18 may apply to the Secretary for a waiv19 er of clauses (i)(I) and (ii)(I) of sub20 paragraph (B). 

21 ‘‘(ii) STATE FLEXIBILITY.—Notwith22 standing any other provision of this para23 graph, a State educational agency may, 

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1 dence-based, school improvement strategy 

2 that may be used by local educational 

3 agencies in the State in addition to the 

4 strategies described in subparagraph (B), 

5 except that funds provided under this title 

6 shall not be used for school vouchers. 

7 ‘‘(D) PUBLIC SCHOOL CHOICE.— 

8 ‘‘(i) IN GENERAL.—In addition to the 

9 requirements of subparagraph (A) and the 

10 school improvement strategy determined 

11 under subparagraph (B) or (C)(ii), a local 

12 educational agency shall, not later than 3 

13 months before the first day of the school 

14 year following identification as a priority 

15 school under paragraph (1), provide all 

16 students enrolled in the identified school 

17 with the option to transfer to another pub18 lic school served by the local educational 

19 agency that has not been identified under 

20 such paragraph, unless such an option is 

21 prohibited by State law. 

22 ‘‘(ii) PRIORITY.—In providing stu23 dents the option to transfer to another 

24 public school, the local educational agency 

25 shall give priority to the lowest-achieving 


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1 children from low-income families, as de2 termined by the local educational agency 

3 for the purposes of allocating funds to 

4 schools under section 1113(a)(3). 

5 ‘‘(iii) TREATMENT.—Students who 

6 use the option to transfer to another public 

7 school shall be enrolled in classes and 

8 other activities in the public school to 

9 which the students transfer in the same 

10 manner as all other children at the public 

11 school. 

12 ‘‘(iv) SPECIAL RULE.—A local edu13 cational agency shall permit a child who 

14 transfers to another public school under 

15 this subparagraph to remain in that school 

16 until the child has completed the highest 

17 grade in such school. 

18 ‘‘(5) IMPROVEMENT.— 

19 ‘‘(A) IN GENERAL.—The State educational 

20 agency shall no longer identify a school that has 

21 been identified as a priority school for any re22 mainder of the school’s 3-year identification pe23 riod if— 

24 ‘‘(i) after 2 years of the 3-year period 

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1 ority school under paragraph (1), the 

2 school has met all of the school’s perform3 ance targets as described in section 

4 1111(a)(3)(A); or 

5 ‘‘(ii) after 2 years of the 3-year pe6 riod, the State determines, based on the 

7 most current data, that the school’s rate of 

8 improvement is sufficient to enable the 

9 school to meet all of the school’s perform10 ance targets by the end of the 3-year pe11 riod. 

12 ‘‘(B) CONTINUED ELIGIBILITY FOR

13 SCHOOL IMPROVEMENT FUNDS.—If an eligible 

14 entity, as defined in subsection (f )(1), was re15 ceiving school improvement funds under sub16 section (f) for a school that improves as de17 scribed in subparagraph (A), the eligible entity 

18 shall continue to receive such grant funds, and 

19 use such funds to carry out the grant activities 

20 in such school, for the full period of such grant. 

21 ‘‘(6) REPEATED CLASSIFICATION AS A PRIORITY

22 SCHOOL.— 

23 ‘‘(A) IN GENERAL.—For each public school 

24 that is identified as a priority school under 

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1 riod and is re-identified under such paragraph 

2 for the subsequent time period, the local edu3 cational agency shall carry out the requirements 

4 of this subsection for such subsequent period by 

5 implementing, with respect to such school, the 

6 restart strategy or school closure strategy under 

7 clause (iv) or (v) of paragraph (4)(B). 

8 ‘‘(B) SPECIAL RULE.—Notwithstanding 

9 subparagraph (A), a local educational agency 

10 serving a school described in such paragraph, 

11 may, in coordination with the State educational 

12 agency and based on a community needs assess13 ment, apply to the Secretary for a waiver to im14 plement another school improvement model not 

15 previously used by the local educational agency 

16 for the school. 

17 ‘‘(e) REPORT ON PROFESSIONAL DEVELOPMENT

18 FUNDS FOR PRIORITY SCHOOLS.—Each local educational 

19 agency that receives subgrant funds under this part shall 

20 prepare and submit a report to the State educational 

21 agency, at the end of each school year, regarding— 

22 ‘‘(1) the local educational agency’s use of funds 

23 for professional development, as required under sec24 tion 2123(b), in schools identified as priority schools 


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1 under subsection (d) that did not receive funds 

2 under subsection (f); and 

3 ‘‘(2) any changes in, or effects on, student per4 formance at such schools during such school year. 

5 ‘‘(f) SCHOOL IMPROVEMENT FUNDS.— 

6 ‘‘(1) DEFINITIONS.—In this subsection: 

7 ‘‘(A) ELIGIBLE ENTITY.—the term ‘eligible 

8 entity’ means— 

9 ‘‘(i) a State educational agency; 

10 ‘‘(ii) a local educational agency that 

11 receives funds under this part and serves 

12 at least 1 eligible school; 

13 ‘‘(iii) a consortium of such local edu14 cational agencies; or 

15 ‘‘(iv) an educational service agency 

16 that serves at least 1 local educational 

17 agency described in clause (ii). 

18 ‘‘(B) ELIGIBLE SCHOOL.—The term ‘eligi19 ble school’ means a school identified as a pri20 ority school under subsection (d). 

21 ‘‘(2) ALLOTMENTS TO STATES.— 

22 ‘‘(A) IN GENERAL.—From the funds made 

23 available to carry out this subsection under sec24 tion 3(a)(2) for a fiscal year, the Secretary 

25 shall provide States that submit an application 


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1 described in paragraph (3) with school improve2 ment funds through an allotment, as deter3 mined under subparagraph (B) and in addition 

4 to the amounts made available to States under 

5 subpart 2, to enable the States to award sub6 grants and carry out the activities described in 

7 this subsection to assist eligible schools. 

8 ‘‘(B) ALLOTMENTS TO STATES.—From the 

9 funds made available to carry out this sub10 section under section 3(a)(2) for a fiscal year, 

11 the Secretary shall allot to each State with an 

12 approved application an amount that bears the 

13 same relation to such funds as the amount that 

14 the State received under subpart 2 for the pre15 ceding fiscal year bears to the amount that all 

16 States receive under such subpart for such fis17 cal year. 

18 ‘‘(3) STATE APPLICATION.—A State that de19 sires to receive school improvement funds under this 

20 subsection shall submit an application to the Sec21 retary at such time, in such manner, and accom22 panied by such information as the Secretary may re23 quire. Each application shall include a description 

24 of— 


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1 ‘‘(A) the process and the criteria that the 

2 State will use to award subgrants under para3 graph (5)(A)(i); 

4 ‘‘(B) the process and the criteria the State 

5 will use to determine whether the eligible enti6 ty’s proposal for each eligible school meets the 

7 requirements of paragraphs (2) and (4), and 

8 subparagraphs (A) and (B) of paragraph (3), of 

9 subsection (d); 

10 ‘‘(C) how the State will ensure geographic 

11 diversity in making subgrants; 

12 ‘‘(D) how the State will set priorities in 

13 awarding subgrants to eligible entities; 

14 ‘‘(E) how the State will monitor and evalu15 ate the implementation of school improvement 

16 strategies by eligible entities, including how the 

17 State will use the results of the evaluation to 

18 improve State strategies for supporting schools 

19 identified under subsection (d); and 

20 ‘‘(F) how the State will reduce barriers for 

21 schools in the implementation of school im22 provement strategies, including operational 

23 flexibility that would enable complete implemen24 tation of the selected school improvement strat25 egy. 


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1 ‘‘(4) STATE ADMINISTRATION AND TECHNICAL

2 ASSISTANCE.—A State that receives an allotment 

3 under this subsection may reserve not more than a 

4 total of 5 percent of such allotment for the adminis5 tration of this subsection, which may include activi6 ties aimed at building State capacity to support the 

7 local educational agency and school improvement, 

8 such as providing technical assistance and other sup9 port (including regular site visits to monitor imple10 mentation of selected school improvement strategies 

11 to eligible entities serving eligible schools), either di12 rectly or through educational service agencies or 

13 other public or private organizations. 

14 ‘‘(5) SCHOOL IMPROVEMENT ACTIVITIES.— 

15 ‘‘(A) IN GENERAL.—A State that receives 

16 school improvement funds under this subsection 

17 shall use not less than 95 percent of such allot18 ment to carry out school improvement activities 

19 for eligible schools by— 

20 ‘‘(i) awarding subgrants, on a com21 petitive basis, to eligible entities to enable 

22 the eligible entities to carry out the activi23 ties described in subparagraph (C) for eli24 gible schools; or 


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1 ‘‘(ii) if the State chooses and the local 

2 educational agency serving an eligible 

3 school agrees, directly providing the activi4 ties described in subparagraph (C)(ii) to 

5 the eligible school and the local educational 

6 agency, or arranging for other entities, 

7 such as school support teams or edu8 cational service agencies, to provide such 

9 activities to the school. 

10 ‘‘(B) SUBGRANTS.— 

11 ‘‘(i) APPLICATIONS.—An eligible enti12 ty that desires a subgrant under this para13 graph shall submit an application to the 

14 State at such time, in such manner, and 

15 including such information as the State 

16 shall require. The application shall include 

17 a description of how the eligible entity will 

18 carry out the requirements of paragraphs 

19 (2) and (4), and subparagraphs (A) and 

20 (B) of paragraph (3), of subsection (d) for 

21 each eligible school to be served by the 

22 grant. 

23 ‘‘(ii) DEMONSTRATION OF ADDI24 TIONAL RESPONSIBILITIES.—Each eligible 

25 entity that desires a subgrant under this 


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1 paragraph shall demonstrate in its applica2 tion that the eligible entity has— 

3 ‘‘(I) adopted human resource 

4 policies that prioritize the recruit5 ment, retention, and placement of ef6 fective staff in eligible schools; 

7 ‘‘(II) ensured that eligible schools 

8 have access to resources to implement 

9 the school improvement strategies de10 scribed in subsection (d)(4), such as 

11 facilities, professional development, 

12 and technology; 

13 ‘‘(III) identified opportunities to 

14 reduce duplication, increase efficiency, 

15 and assist eligible schools in com16 plying with reporting requirements of 

17 State and Federal programs; 

18 ‘‘(IV) developed an early warning 

19 indicator system that monitors school20 level data, and alerts the eligible 

21 school when a student indicates 

22 slowed progress toward high school 

23 graduation, so that the school can 

24 provide appropriate student interven25 tions; and 


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1 ‘‘(V) facilitated alignment and 

2 coordination between high-quality 

3 early childhood education programs 

4 and services serving students who will 

5 attend eligible schools that are ele6 mentary schools, and teachers and 

7 principals of such eligible schools. 

8 ‘‘(iii) SUBGRANT SIZE.—A State shall 

9 award subgrants under this paragraph of 

10 sufficient size to enable subgrant recipients 

11 to fully and effectively implement the se12 lected school improvement strategies. 

13 ‘‘(iv) SUBGRANT PERIOD.—Each 

14 subgrant awarded under this paragraph 

15 shall be for a 5-year period. 

16 ‘‘(v) WITHHOLDING FINAL FUND17 ING.—In order for a State to award 

18 subgrant funds to an eligible entity for the 

19 final 2 years of the subgrant cycle, the eli20 gible entity shall demonstrate that the 

21 schools receiving funds under this para22 graph have made significant progress on 

23 the leading indicators. 


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1 ‘‘(C) USE OF SUBGRANT FUNDS.—An eligi2 ble entity that receives a subgrant under this 

3 paragraph shall use the subgrant funds to— 

4 ‘‘(i) carry out the requirements of 

5 subparagraphs (A) and (B) of paragraph 

6 (3), and paragraphs (2) and (4), of sub7 section (d) in an eligible school that has 

8 been identified under such subsection as of 

9 the date of the grant award, which may in10 clude a maximum 1-year planning period; 

11 and 

12 ‘‘(ii) carry out activities at the local 

13 educational agency level that directly sup14 port such implementation, such as— 

15 ‘‘(I) assistance in data collection 

16 and analysis; 

17 ‘‘(II) recruiting and retaining 

18 staff; 

19 ‘‘(III) teacher and principal eval20 uation; 

21 ‘‘(IV) professional development; 

22 ‘‘(V) coordination of services to 

23 address students’ social, emotional, 

24 and health needs; and 

25 ‘‘(VI) progress monitoring. 


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1 ‘‘(D) SUPPLEMENT, NOT SUPPLANT.—An 

2 eligible entity or State shall use Federal funds 

3 received under this subsection only to supple4 ment the funds that would, in the absence of 

5 such Federal funds, be made available from 

6 non-Federal sources for the education of pupils 

7 participating in programs funded under this 

8 subsection. 

9 ‘‘(E) INTERVENTION BY STATE.—In the 

10 case of a State educational agency that has 

11 taken over a school or local educational agency, 

12 the State may use an amount of funds under 

13 this subsection similar to the amount that the 

14 school or local educational agency would receive, 

15 under this subsection, in order to carry out the 

16 activities described in subparagraph (C) for the 

17 school and local educational agency, either di18 rectly or through an eligible entity designated 

19 by the State educational agency. 

20 ‘‘(6) NATIONAL ACTIVITIES.—From amounts 

21 appropriated and reserved for this paragraph under 

22 section 3(a)(2)(B), the Secretary shall carry out the 

23 following national activities: 

24 ‘‘(A) Activities focused on building State 

25 and local educational agency capacity to turn 


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1 around eligible schools and schools in rural 

2 areas through activities such as— 

3 ‘‘(i) identifying and disseminating ef4 fective school improvement strategies, in5 cluding in rural areas; 

6 ‘‘(ii) making available targeted tech7 nical assistance, including planning and 

8 implementation tools; and 

9 ‘‘(iii) expanding the availability of 

10 turnaround partners capable of assisting in 

11 turning around eligible schools, including 

12 in rural areas. 

13 ‘‘(B) Activities focused on building capac14 ity to turn around eligible schools, including in 

15 rural areas. 

16 ‘‘(C) The use of data, research, and eval17 uation to— 

18 ‘‘(i) identify schools that are imple19 menting school improvement strategies ef20 fectively; 

21 ‘‘(ii) identify effective school improve22 ment strategies; and 

23 ‘‘(iii) collect and disseminate that in24 formation to States and local educational 


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1 agencies in a manner that facilitates rep2 lication of effective practices. 

3 ‘‘(D) Other activities designed to support 

4 State and local efforts to improve eligible 

5 schools. 

6 ‘‘(7) EVALUATION.—The Director of the Insti7 tute of Education Sciences shall conduct an evalua8 tion of the programs carried out under this sub9 section. 

10 ‘‘(g) CONSTRUCTION.—Nothing in this section shall 

11 be construed to alter or otherwise affect the rights, rem12 edies, and procedures afforded school or school district 

13 employees under Federal, State, or local laws (including 

14 applicable regulations or court orders) or under the terms 

15 of collective bargaining agreements, memoranda of under16 standing, or other agreements between such employees 

17 and their employers.’’. 

18 SEC. 1117. QUALIFICATIONS FOR TEACHERS AND PARA19 PROFESSIONALS. 

20 Subpart 1 of part A of title I (20 U.S.C. 6311 et 

21 seq.) is amended— 

22 (1) by striking section 1117; 

23 (2) by redesignating section 1119 as section 

24 1117, and moving it so as to precede section 1118; 


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1 (3) by redesignating sections 1120, 1120A, and 

2 1120B as sections 1119, 1120, and 1120A, respec3 tively; and 

4 (4) in section 1117, as redesignated by para5 graph (2)— 

6 (A) by striking subsections (a) and (b) and 

7 inserting the following: 

8 ‘‘(a) TEACHER QUALIFICATIONS.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), each local educational agency receiving 

11 assistance under this part shall ensure that all 

12 teachers teaching a core academic subject in a pro13 gram supported with funds under this part are high14 ly qualified teachers and are certified in the subject 

15 area in which the teachers are assigned to teach. 

16 ‘‘(2) EXCEPTION.—Each local educational 

17 agency located in a State in which the State has 

18 fully implemented a professional growth and im19 provement system shall only be required to comply 

20 with the requirements under paragraph (1) as they 

21 relate to new teachers. 

22 ‘‘(3) SPECIAL RULE FOR SMALL, RURAL, OR RE23 MOTE SCHOOLS.—In the case of a local educational 

24 agency that is unable to provide a highly qualified 

25 teacher to serve as an on-site classroom teacher for 


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1 a core academic subject in a small, rural, or remote 

2 school, the local educational agency may meet the 

3 requirements of this section by using distance learn4 ing to provide such instruction by a teacher who is 

5 a highly qualified teacher for purposes of the core 

6 academic subject, as long as— 

7 ‘‘(A) the teacher who is a highly qualified 

8 teacher in the core academic subject— 

9 ‘‘(i) is responsible for providing at 

10 least 50 percent of the direct instruction in 

11 the core academic subject through distance 

12 learning; 

13 ‘‘(ii) is responsible for monitoring stu14 dent progress; and 

15 ‘‘(iii) is the teacher who assigns the 

16 students their grades; and 

17 ‘‘(B) an on-site teacher who is a highly 

18 qualified teacher for a subject other the core 

19 academic subject taught through distance learn20 ing is present in the classroom throughout the 

21 period of distance learning and provides sup22 porting instruction and assistance to the stu23 dents. 


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1 ‘‘(b) QUALIFICATIONS FOR AMERICAN INDIAN, ALAS2 KA NATIVE, OR NATIVE HAWAIIAN LANGUAGE, CULTURE, 

3 OR HISTORY TEACHERS.— 

4 ‘‘(1) LANGUAGE OR CULTURE.— 

5 ‘‘(A) IN GENERAL.—Notwithstanding any 

6 other provision of law, the requirements of sub7 section (a) on local educational agencies with 

8 respect to highly qualified teachers shall not 

9 apply to a teacher of American Indian, Alaska 

10 Native, or Native Hawaiian language or cul11 ture, whether the teacher is teaching on a per12 manent, part-time, or occasional basis. 

13 ‘‘(B) COMPETENCY.—A State may require 

14 that a local tribe or tribal organization, as de15 fined in section 4 of the Indian Self-Determina16 tion and Education Assistance Act (25 U.S.C. 

17 450b), verify the competency of a public school 

18 teacher of American Indian, Alaska Native, or 

19 Native Hawaiian language or culture to teach 

20 such subject, to the chief administrative officer 

21 of the local educational agency or the chief 

22 State school officer. 

23 ‘‘(2) HISTORY.— 

24 ‘‘(A) IN GENERAL.—Notwithstanding any 

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1 section (a) on local educational agencies with 

2 respect to highly qualified teachers, shall not 

3 apply to a teacher who is a Native elder or 

4 other authority on American Indian, Alaska 

5 Native, or Native Hawaiian history and who 

6 provides instruction in such subject, whether on 

7 a part-time or occasional basis. 

8 ‘‘(B) COMPETENCY.—A State may require 

9 that a local tribe or tribal organization, as de10 fined in section 4 of the Indian Self-Determina11 tion and Education Assistance Act (25 U.S.C. 

12 450b), verify the competency of the instructor 

13 described in subparagraph (A) of American In14 dian, Alaska Native, or Native Hawaiian his15 tory to teach such subject, to the chief adminis16 trative officer of the local educational agency or 

17 the chief State school officer.’’; 

18 (B) in subsection (c)(1), by striking ‘‘hired 

19 after the date of enactment of the No Child 

20 Left Behind Act of 2001 and’’; 

21 (C) by striking subsections (d) and (l); 

22 (D) by redesignating subsections (e), (f), 

23 (g), (h), (i), (j), and (k), as subsections (d), (e), 

24 (f), (g), (h), (i), and (j), respectively; 


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1 (E) in subsection (d), as redesignated by 

2 subparagraph (D), by striking ‘‘Subsections (c) 

3 and (d)’’ and inserting ‘‘Subsection (c)’’; and 

4 (F) by striking subsection (i), as redesig5 nated by subparagraph (D), and inserting the 

6 following: 

7 ‘‘(i) SPECIAL RULE.—A State educational agency 

8 may not require a school or a local educational agency to 

9 expend a specific amount of funds for professional devel10 opment activities under this part.’’. 

11 SEC. 1118. PARENT AND FAMILY ENGAGEMENT. 

12 Section 1118 (20 U.S.C. 6318) is amended to read 

13 as follows: 

14 ‘‘SEC. 1118. PARENT AND FAMILY ENGAGEMENT. 

15 ‘‘(a) LOCAL EDUCATIONAL AGENCY PARENT AND

16 FAMILY ENGAGEMENT ASSESSMENT AND PLAN.— 

17 ‘‘(1) IN GENERAL.—In order to increase stu18 dent academic achievement and improve child devel19 opment, a local educational agency may receive 

20 funds under this part only if such agency develops 

21 and implements a strategic, evidence-based plan to 

22 support meaningful engagement of parents and fam23 ily members in education (referred to in this section 

24 as the ‘parent and family engagement plan’). Such 

25 plan shall be— 


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1 ‘‘(A) based on a needs assessment of par2 ents and family members, school instructional 

3 and leadership personnel, and community lead4 ers, conducted to inform the development of the 

5 plan; and 

6 ‘‘(B) be developed and implemented 

7 through meaningful consultation with— 

8 ‘‘(i) parents and family members of 

9 participating children; 

10 ‘‘(ii) youth who have graduated from 

11 schools that are part of the local edu12 cational agency; 

13 ‘‘(iii) as applicable, employers, busi14 ness leaders, and philanthropic organiza15 tions; 

16 ‘‘(iv) other members of the community 

17 who are committed to increasing student 

18 academic achievement and improving child 

19 development; 

20 ‘‘(v) to the greatest extent practicable, 

21 individuals with expertise in effectively en22 gaging parents and family members in 

23 education; and 

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1 ing students in becoming college and ca2 reer ready, as determined in accordance 

3 with the State academic content standards 

4 under section 1111(a)(1). 

5 ‘‘(2) ANNUAL SURVEY.—A local educational 

6 agency described in paragraph (1) shall, on an an7 nual basis, conduct a survey, through electronic 

8 means to the extent practicable, including delivery 

9 through mobile devices, of all parents, family mem10 bers, and all school instructional and leadership per11 sonnel, to— 

12 ‘‘(A) determine the needs of parents and 

13 family members, in order to assist with the 

14 learning of their children and engage with 

15 school personnel, including all teachers of their 

16 children; 

17 ‘‘(B) identify strategies to support school18 family interactions, including identifying and 

19 addressing the barriers to effective parental in20 volvement in a manner responsive to the cul21 tural and language needs of such parents; 

22 ‘‘(C) determine the level of parent and 

23 family engagement in each respondent’s respec24 tive school and the level of engagement of 

25 school leaders with parent and family members; 


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1 ‘‘(D) identify perceived and actual barriers 

2 to the activities described in subparagraph (A); 

3 and 

4 ‘‘(E) determine the perceptions about the 

5 school’s conditions for learning. 

6 ‘‘(3) PARENT AND FAMILY ENGAGEMENT

7 PLAN.— 

8 ‘‘(A) DEVELOPMENT.—Based on the re9 sults of the survey described in paragraph (2), 

10 each local educational agency receiving funds 

11 under this part shall develop and implement an 

12 annual parent and family engagement plan 

13 jointly with the parents and family members of 

14 participating children and, where applicable, 

15 with a parent advisory committee that rep16 resents the entire school district. Such plan 

17 shall— 

18 ‘‘(i) be designed to foster the engage19 ment of parents and other family members 

20 and school instructional and leadership 

21 personnel; 

22 ‘‘(ii) be designed to integrate such en23 gagement into the practice of all the local 

24 educational agency’s schools that are 

25 served under this part; 


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1 ‘‘(iii) establish parent engagement 

2 goals for the local educational agency and 

3 such schools; and 

4 ‘‘(iv) establish annual quantifiable 

5 performance benchmarks for such goals, 

6 which shall require continual progress to7 ward the achievement of such goals. 

8 ‘‘(B) ADDITIONAL ELEMENTS.—The par9 ent and family engagement plan shall— 

10 ‘‘(i) establish the school’s expectations 

11 for, and commitment to support, meaning12 ful, evidence-based, parent and family en13 gagement strategies; 

14 ‘‘(ii) describe the process through 

15 which the school will equip parents and 

16 family members, with particular attention 

17 to economically disadvantaged parents and 

18 family members, to— 

19 ‘‘(I) act in partnership with local 

20 educational agency and school per21 sonnel to improve the academic 

22 achievement and development of their 

23 children; and 

24 ‘‘(II) participate in school im25 provement strategies; 


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1 ‘‘(iii) describe how the local edu2 cational agency will provide the coordina3 tion, technical assistance, and other sup4 port and conditions necessary to assist par5 ticipating schools in planning and imple6 menting effective parent and family en7 gagement strategies, such as— 

8 ‘‘(I) making facilities of the local 

9 educational agency available, as ap10 propriate; 

11 ‘‘(II) making compensatory time 

12 available for educators to conduct 

13 home visits; 

14 ‘‘(III) establishing co-location 

15 with public assistance programs; 

16 ‘‘(IV) encouraging the implemen17 tation of community school models 

18 and related activities; and 

19 ‘‘(V) utilizing the expertise of, 

20 and developing strategies with, organi21 zations that have a demonstrated 

22 track record of success in supporting 

23 parent and family engagement; 

24 ‘‘(iv) provide for not less than 1 

25 school-wide meeting during each academic 


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1 year, at a convenient time, to which par2 ents and family members of participating 

3 children shall be invited and encouraged to 

4 attend, in order to— 

5 ‘‘(I) review the parent and family 

6 engagement plan; 

7 ‘‘(II) inform parents and family 

8 members of opportunities for engage9 ment in their child’s education; and 

10 ‘‘(III) explain to parents and 

11 family members the right of the par12 ents and family members to be in13 volved, and the benefits of meaningful 

14 engagement; 

15 ‘‘(v) provide parents with an oppor16 tunity to develop the knowledge and skills 

17 to engage in full partnerships with school 

18 instructional and leadership staff of the 

19 school in the education of their children; 

20 ‘‘(vi) provide for professional develop21 ment and other evidence-based support to 

22 school instructional and leadership per23 sonnel regarding effective parent and fam24 ily engagement; 


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1 ‘‘(vii) to the extent feasible and appro2 priate, coordinate and integrate parent and 

3 family engagement programs and strate4 gies with other Federal, State, and local 

5 programs; 

6 ‘‘(viii) provide information to school 

7 personnel, students, and parents about the 

8 school’s use of positive behavioral interven9 tions and supports, school-based mental 

10 health programs, and the expectations of 

11 school personnel, students, and parents in 

12 supporting a safe learning environment for 

13 all students; and 

14 ‘‘(ix) describe how the local edu15 cational agency will coordinate with parent 

16 and family information and resource cen17 ters established under part H of title IV. 

18 ‘‘(b) ANNUAL REVIEW OF PERFORMANCE BENCH19 MARKS.—Each year, each local educational agency de20 scribed in subsection (a), each school served under this 

21 part, and the parent advisory board established under sub22 section (g) shall collaboratively review the benchmarks for 

23 each of the goals established under subsection (a)(3)(A). 

24 Based on the review— 


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1 ‘‘(1) if a local educational agency has met or 

2 made continual progress toward meeting, its annual 

3 benchmarks in such year, the local educational agen4 cy will continue to implement the parent and family 

5 engagement plan; 

6 ‘‘(2) if the local educational agency has not met 

7 or made continual progress toward meeting its an8 nual benchmarks in such year, the local educational 

9 agency and parent advisory board shall jointly deter10 mine the cause after taking into the account the re11 sults of the end-of-the-year survey described in sub12 section (c); and 

13 ‘‘(3) the local educational agency shall publicly 

14 report on whether the agency has met or made con15 tinual progress toward meeting such benchmarks, 

16 and the degree to which the benchmarks were met. 

17 ‘‘(c) END-OF-THE-YEAR SURVEY.—As part of the re18 view described in subsection (b), a local educational agen19 cy shall conduct an end-of-the-year survey of parents and 

20 school instructional and leadership personnel, including 

21 parents and personnel who participated in the survey de22 scribed in subsection (a)(2), to determine whether the 

23 needs of parents and personnel were met through the im24 plementation of the plan. 


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1 ‘‘(d) REVISION OF PLAN.—The local educational 

2 agency and the parent advisory board established under 

3 subsection (g) shall address the causes described in sub4 section (b)(2) and the results of the survey in subsection 

5 (c) in the development or revision of the parent and family 

6 engagement plan. 

7 ‘‘(e) RESERVATION AND USE OF FUNDS.— 

8 ‘‘(1) IN GENERAL.—Each local educational 

9 agency shall reserve not less than 2 percent of such 

10 agency’s allocation under subpart 2 to assist schools 

11 in carrying out the activities described in this sec12 tion, subject to paragraph (2). 

13 ‘‘(2) EXCEPTION.—The reservation requirement 

14 under paragraph (1) shall not apply if 1 percent of 

15 the local educational agency’s allocation under sub16 part 2 for the fiscal year for which the determina17 tion is made is equal to or less than $5,000. 

18 ‘‘(3) DISTRIBUTION OF FUNDS.— 

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

20 agency shall— 

21 ‘‘(i) distribute not less than 75 per22 cent of funds reserved under paragraph (1) 

23 to schools served under this part; and 

24 ‘‘(ii) use not more than 20 percent of 

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1 ment activities at the local educational 

2 agency level. 

3 ‘‘(B) PRIORITY.—In allocating the funds 

4 described in subparagraph (A), each local edu5 cational agency shall give priority to high-need 

6 schools. 

7 ‘‘(4) USE OF FUNDS.—Funds reserved under 

8 paragraph (1) may be used to carry out activities 

9 and strategies consistent with the parent and family 

10 engagement plan described in subsection (a), includ11 ing not less than 1 of the following: 

12 ‘‘(A) Designating or establishing a dedi13 cated office or dedicated personnel for parent 

14 and family engagement. 

15 ‘‘(B) Providing professional development 

16 for local educational agency and school per17 sonnel regarding parent and family engagement 

18 strategies, which may be provided jointly to 

19 teachers, school leaders, early childhood edu20 cators, and parents and family members. 

21 ‘‘(C) Providing adult education and lit22 eracy activities, as defined in section 203 of the 

23 Adult Education and Family Literacy Act. 

24 ‘‘(D) Supporting home visitation programs. 


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1 ‘‘(E) Engaging in other evidence-based or 

2 promising strategies for improving and increas3 ing parent and family engagement, which may 

4 include family and student supports, as defined 

5 in section 4703. 

6 ‘‘(F) Disseminating information on best 

7 practices (such as implementation, replication, 

8 impact studies, and evaluations) focused on 

9 parent and family engagement, especially best 

10 practices for increasing the engagement of eco11 nomically disadvantaged parents and family 

12 members. 

13 ‘‘(G) Contracting with experienced parent 

14 organizations to assist with training and other 

15 activities under this section. 

16 ‘‘(H) Collaborating, or providing subgrants 

17 to schools to enable the schools to collaborate, 

18 with community-based organizations, or employ19 ers, with a demonstrated track record of suc20 cess in improving and increasing student aca21 demic achievement and parent and family en22 gagement to— 

23 ‘‘(i) enhance student achievement and 

24 development through greater engagement 


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1 with children, such as experiential learning 

2 opportunities and internships; 

3 ‘‘(ii) increase opportunities for such 

4 organizations and employers to support 

5 family engagement activities, including by 

6 offering family engagement training and 

7 supporting adult education and family lit8 eracy programs; and 

9 ‘‘(iii) expand the role of the school as 

10 a community resource, such as by using fa11 cilities for community events, meetings, ca12 reer or health fairs, or adult education and 

13 family literacy activities. 

14 ‘‘(f) ACCESSIBILITY.—In carrying out the parent and 

15 family engagement requirements of this part, local edu16 cational agencies and schools, to the greatest extent prac17 ticable, shall provide opportunities for the full and in18 formed participation of parents and family members (in19 cluding parents and family members with disabilities), in20 cluding providing information and school reports in a for21 mat and, to the greatest extent practicable, in a language 

22 such parents can understand. 

23 ‘‘(g) PARENT ADVISORY BOARD.—Each local edu24 cational agency described in subsection (a) shall establish 

25 a parent advisory board for the purposes of developing, 


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1 revising, and reviewing the parent and family engagement 

2 plan. Such board shall— 

3 ‘‘(1) consist of a sufficient number of parents 

4 of children attending the local educational agency’s 

5 schools served under this part to adequately rep6 resent the interests and needs of parents at the local 

7 educational agency; 

8 ‘‘(2) meet multiple times throughout the school 

9 year; and 

10 ‘‘(3) be representative of the population served 

11 by the local educational agency.’’. 

12 SEC. 1119. TECHNICAL CORRECTION REGARDING COM13 PLAINT PROCESS FOR SECTION 1119. 

14 Section 1119(c)(2) (20 U.S.C. 6320(c)(2)), as redes15 ignated by section 1117(3), is amended by striking 

16 ‘‘9505’’ and inserting ‘‘9503’’. 

17 SEC. 1120. COMPARABILITY OF SERVICES. 

18 Section 1120 (20 U.S.C. 6321), as redesignated by 

19 section 1117(3), is amended— 

20 (1) in subsection (a), by striking ‘‘involved’’; 

21 and 

22 (2) by striking subsection (c) and inserting the 

23 following: 

24 ‘‘(c) COMPARABILITY.— 

25 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) COMPARABILITY.—Beginning for the 

2 2015–2016 school year, a local educational 

3 agency may receive funds under this part only 

4 if the local educational agency demonstrates to 

5 the State educational agency that the combined 

6 State and local per-pupil expenditures (includ7 ing actual personnel and actual non-personnel 

8 expenditures) in each school served under this 

9 part, in the most recent year for which such 

10 data were available, are not less than the aver11 age combined State and local per-pupil expendi12 tures for those schools that are not served 

13 under this part. 

14 ‘‘(B) ALTERNATIVE COMPARABILITY.—If 

15 the local educational agency is serving all of the 

16 schools under its jurisdiction under this part, 

17 the agency shall demonstrate to the State edu18 cational agency that the average combined 

19 State and local per-pupil expenditures (includ20 ing actual personnel and actual non-personnel 

21 expenditures) for its high-poverty schools, in 

22 the most recent year for which such data are 

23 available, were not less than the average com24 bined State and local per-pupil expenditures for 

25 its low-poverty schools. 


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1 ‘‘(C) BASIS.—A local educational agency 

2 may meet the requirements of subparagraphs 

3 (A) and (B) on a local educational agency-wide 

4 basis or a grade-span by grade-span basis. 

5 ‘‘(D) EXCLUSION OF FUNDS.— 

6 ‘‘(i) IN GENERAL.—For the purpose 

7 of complying with this paragraph, a local 

8 educational agency shall exclude any State 

9 or local funds expended in any school for— 

10 ‘‘(I) excess costs of providing 

11 services to English learners; 

12 ‘‘(II) excess costs of providing 

13 services to children with disabilities; 

14 ‘‘(III) capital expenditures; and 

15 ‘‘(IV) such other expenditures as 

16 the Secretary determines appropriate. 

17 ‘‘(ii) CHANGES AFTER THE BEGIN18 NING OF THE SCHOOL YEAR.—A local edu19 cational agency need not include unpredict20 able changes in student enrollment or per21 sonnel assignments that occur after the be22 ginning of a school year in determining 

23 compliance under this subsection. 

24 ‘‘(2) DOCUMENTATION.—A local educational 

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1 quirements of paragraph (1) by submitting to the 

2 State educational agency the per-pupil expenditures, 

3 personnel expenditures, non-personnel expenditures, 

4 and total expenditures for each school served by the 

5 local educational agency. 

6 ‘‘(3) INAPPLICABILITY.—This subsection shall 

7 not apply to a local educational agency that does not 

8 have more than 1 building for each grade span. 

9 ‘‘(4) PROCESS AND PROCEDURES.— 

10 ‘‘(A) LOCAL EDUCATIONAL AGENCY RE11 SPONSIBILITIES.—Each local educational agen12 cy assisted under this part shall, by October 31, 

13 2016, report to the State educational agency on 

14 its compliance with the requirements of this 

15 subsection for the preceding school year, includ16 ing a listing, by school, of actual combined per17 pupil State and local personnel and non-per18 sonnel expenditures. 

19 ‘‘(B) STATE EDUCATIONAL AGENCY RE20 SPONSIBILITIES.—Each State educational agen21 cy assisted under this part shall ensure that 

22 such information is made publicly available by 

23 the State or the local educational agency, in24 cluding the school by school listing described in 

25 subparagraph (A). 


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1 ‘‘(C) PLAN.—A local educational agency 

2 that does not meet the requirements of this 

3 subsection in any year shall develop and imple4 ment a plan to ensure compliance for the subse5 quent school year and may be required by the 

6 State educational agency to report on its 

7 progress in implementing such plan. 

8 ‘‘(5) TRANSITION PROVISIONS.— 

9 ‘‘(A) SCHOOL YEARS PRECEDING THE

10 2015–2016 SCHOOL YEAR.—For school years pre11 ceding the 2015–2016 school year, a local edu12 cational agency may receive funds under this 

13 part only if the local educational agency dem14 onstrates to the State educational agency that 

15 the local educational agency meets the require16 ments of this subsection, as in effect on the day 

17 before the date of enactment of the Strength18 ening America’s Schools Act of 2013. 

19 ‘‘(B) TRANSITION BETWEEN REQUIRE20 MENTS.—The Secretary shall take such steps as 

21 are necessary to provide for the orderly transi22 tion between the requirements under this sec23 tion, as in effect on the day before the date of 

24 enactment of the Strengthening America’s 


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1 Schools Act of 2013, and the new requirements 

2 under this section, as amended by such Act. 

3 ‘‘(6) RULE OF CONSTRUCTION.—Nothing in 

4 this subsection shall be construed to require a local 

5 educational agency to transfer school personnel in 

6 order to comply with this subsection. 

7 ‘‘(7) COMPARABLE REQUIREMENTS.—In the 

8 case of a State, State educational agency, or local 

9 educational agency that has, before the date of en10 actment of the Strengthening America’s Schools Act 

11 of 2013, enacted requirements relating to the com12 parability of educational expenditures that differ 

13 from the requirements of this subsection, the Sec14 retary shall allow the local educational agency to 

15 demonstrate comparability of educational expendi16 tures for purposes of this subsection through the en17 acted requirements if the Secretary determines that 

18 the enacted requirements provide the same, or a 

19 higher, standard of comparability for schools served 

20 under this part as required by this subsection.’’. 

21 SEC. 1121. COORDINATION REQUIREMENTS. 

22 Section 1120A (20 U.S.C. 6322), as redesignated by 

23 section 1117(3), is amended to read as follows: 


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1 ‘‘SEC. 1120A. COORDINATION REQUIREMENTS. 

2 ‘‘(a) IN GENERAL.—Each local educational agency 

3 receiving assistance under this part shall carry out the ac4 tivities described in subsection (b) with Head Start agen5 cies (consistent with section 642(e)(5) of the Head Start 

6 Act (42 U.S.C. 9801(e)(5)), providers of services under 

7 part C of the Individuals with Disabilities Education Act, 

8 programs carried out under section 619 of such Act, and, 

9 if feasible, other entities carrying out high-quality early 

10 childhood education programs and services. 

11 ‘‘(b) ACTIVITIES.—The activities and services re12 ferred to in subsection (a) include— 

13 ‘‘(1) developing and implementing a systematic 

14 procedure for transferring, with parental consent, 

15 early childhood program records for each partici16 pating child to the school in which such child will 

17 enroll; 

18 ‘‘(2) establishing ongoing communication be19 tween early childhood program staff and their coun20 terparts in the schools (including teachers, prin21 cipals, social workers, local educational agency liai22 sons designated under section 722(g)(1)(J)(ii) of the 

23 McKinney-Vento Homeless Assistance Act, and 

24 health staff) to facilitate the coordination and align25 ment of programs; 


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1 ‘‘(3) establishing ongoing communications be2 tween the early childhood program and the local 

3 educational agency for developing continuity of de4 velopmentally appropriate instructional programs 

5 and shared expectations for children’s learning and 

6 development as children transition to school; 

7 ‘‘(4) organizing and participating in joint train8 ing, including transition-related training for school 

9 staff and early childhood programs; 

10 ‘‘(5) establishing comprehensive transition poli11 cies and procedures that support the school readi12 ness of children transitioning to school; 

13 ‘‘(6) conducting outreach to parents, families, 

14 and elementary school teachers to discuss the edu15 cational, developmental, and other needs of children 

16 entering school; 

17 ‘‘(7) helping parents of children who are 

18 English learners understand— 

19 ‘‘(A) the instructional and other services 

20 provided by the school in which such child will 

21 enroll after participation in a Head Start pro22 gram or other Federal early childhood care and 

23 education program; and 


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1 ‘‘(B) as appropriate, the information pro2 vided to parents of English learners under sec3 tion 3202; 

4 ‘‘(8) helping parents understand the instruc5 tional and other services provided by the school in 

6 which their child will enroll after participation in a 

7 Head Start program or other Federal early child8 hood care and education program; and 

9 ‘‘(9) developing and implementing a system to 

10 increase program participation of underserved popu11 lations of eligible children, especially children eligible 

12 for a free or reduced price lunch under the Richard 

13 B. Russell National School Lunch Act (42 U.S.C. 

14 1751 et seq.), parents of children who are English 

15 learners, and parents of children with disabilities.’’. 

16 SEC. 1122. GRANTS FOR THE OUTLYING AREAS AND THE 

17 SECRETARY OF THE INTERIOR. 

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

19 (1) in subsection (a), by striking ‘‘section 

20 1002(a) and 1125A(f)’’ and inserting ‘‘paragraphs 

21 (1) and (3) of section 3(a)’’; 

22 (2) in subsection (b)(3)— 

23 (A) in subparagraph (A), by striking ‘‘and 

24 freely associated States’’; and 


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1 (B) in subparagraph (C)(ii), by striking 

2 ‘‘challenging State academic content standards’’ 

3 and inserting ‘‘college and career ready State 

4 academic content standards under section 

5 1111(a)(1)’’; and 

6 (3) by striking subsection (c) and inserting the 

7 following: 

8 ‘‘(c) DEFINITION OF OUTLYING AREA.—As used in 

9 subsections (a) and (b), the term ‘outlying area’ has the 

10 meaning given that term in subparagraphs (A) and (B) 

11 of section 9101(42).’’. 

12 SEC. 1123. ALLOCATIONS TO STATES. 

13 Section 1122(a) (20 U.S.C. 6332(a)) is amended by 

14 striking ‘‘section 1002(a) to carry out this part for each 

15 of fiscal years 2002–2007’’ and inserting ‘‘section 3(a)(1) 

16 to carry out this part for each of fiscal years 2014 through 

17 2019’’. 

18 SEC. 1124. EDUCATION FINANCE INCENTIVE GRANT PRO19 GRAM. 

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

21 (1) in subsection (a), by striking ‘‘subsection 

22 (f)’’ and inserting ‘‘section 3(a)(3),’’; 

23 (2) in subsection (b)(1)(A), by striking ‘‘sub24 section (f)’’ and inserting ‘‘section 3(a)(3)’’; 

25 (3) by striking subsection (f); and 


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1 (4) by redesignating subsection (g) as sub2 section (f). 

3 SEC. 1125. BLUE RIBBON SCHOOLS; CENTERS FOR EXCEL4 LENCE IN EARLY CHILDHOOD. 

5 Part A of title I (20 U.S.C. 6301 et seq.) is amended 

6 by adding at the end the following: 

7 ‘‘Subpart 3—Blue Ribbon Schools; Centers for 

8 Excellence in Early Childhood 

9 ‘‘SEC. 1131. BLUE RIBBON SCHOOLS. 

10 ‘‘(a) PROGRAM PURPOSE.—It is the purpose of this 

11 section to assist States and local educational agencies in 

12 identifying and rewarding high-performing public schools. 

13 ‘‘(b) BLUE RIBBON SCHOOLS.— 

14 ‘‘(1) IDENTIFICATION OF BLUE RIBBON

15 SCHOOLS.—Each State receiving a grant under sub16 part 2 may— 

17 ‘‘(A) define the category of blue ribbon 

18 schools, consistent with paragraph (2), for the 

19 State as part of its State plan in section 

20 1111(b); and 

21 ‘‘(B) identify, for each school year, the 

22 schools in the State that are blue ribbon schools 

23 for such year. 

24 ‘‘(2) BLUE RIBBON SCHOOL CRITERIA.— 


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1 ‘‘(A) IN GENERAL.—If a State elects to 

2 carry out this subsection, the State’s blue rib3 bon schools shall consist of the highest 5 per4 cent of the State’s public elementary schools 

5 and secondary schools, as designated by the 

6 State based on— 

7 ‘‘(i) the percentage of proficient or ad8 vanced students, as determined under sec9 tion 1111(a)(3)(B)(ii), in English or lan10 guage arts, and mathematics; 

11 ‘‘(ii) in the case of high schools, the 

12 school’s graduation rates; 

13 ‘‘(iii) the performance of each cat14 egory of students described in section 

15 1111(a)(3)(D); 

16 ‘‘(iv) the percentage of students who 

17 are meeting or exceeding the State student 

18 academic achievement standards or are 

19 achieving sufficient academic growth as de20 scribed in section 1111(a)(3)(B)(iii); and 

21 ‘‘(v) school gains. 

22 ‘‘(B) NONELIGIBILITY FOR BLUE RIBBON

23 STATUS.—A school identified under subsection 

24 (c) or (d) of section 1116 for a year shall not 


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1 be eligible for blue ribbon school status for the 

2 same year. 

3 ‘‘(c) REWARDS.— 

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

5 and identifies blue ribbon schools under subsection 

6 (b)(1) for a school year may— 

7 ‘‘(A) provide each blue ribbon school in the 

8 State with increased autonomy over the school’s 

9 budget, staffing, and time; 

10 ‘‘(B) allow each blue ribbon school to have 

11 flexibility in the use of any funds provided to 

12 the school under this Act for any purpose al13 lowed under this Act (notwithstanding any 

14 other provision of this Act), as long as such use 

15 is consistent with the Civil Rights Act of 1964, 

16 title IX of the Education Amendments of 1972, 

17 section 504 of the Rehabilitation Act of 1973, 

18 the Americans with Disabilities Act of 1990 (42 

19 U.S.C. 12101), and part B of the Individuals 

20 with Disabilities Education Act; and 

21 ‘‘(C) reserve not more than .5 percent of 

22 the funds allotted to the State under subpart 2 

23 and use such reserved amounts to distribute re24 wards, on a competitive basis, to local edu25 cational agencies that serve 1 or more blue ribVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 bon schools identified under subsection (b) that 

2 receive funds under subpart 2 to enable the 

3 local educational agencies to provide awards to 

4 such blue ribbon schools that receive funds 

5 under such subpart. 

6 ‘‘(2) USE OF REWARDS.—As a condition of re7 ceiving an award from a local educational agency 

8 under this subsection, a blue ribbon school shall 

9 agree to use the award funds to— 

10 ‘‘(A) improve student achievement; and 

11 ‘‘(B) provide technical assistance to the 

12 lowest-achieving schools in the closest geo13 graphic region of the State to the blue ribbon 

14 school, in accordance with the State plan under 

15 section 1111(b)(1)(F). 

16 ‘‘SEC. 1132. CENTERS OF EXCELLENCE IN EARLY CHILD17 HOOD. 

18 ‘‘(a) DEFINITION OF ELIGIBLE EARLY CHILDHOOD

19 EDUCATION PROGRAM.—In this section, the term ‘eligible 

20 early childhood education program’ means an early child21 hood education program, as defined in section 103 of the 

22 Higher Education Act of 1965, that— 

23 ‘‘(1) serves young children from households that 

24 would be eligible to receive a free or reduced price 


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1 lunch under the Richard B. Russell National School 

2 Lunch Act (42 U.S.C. 1751 et seq.); 

3 ‘‘(2) is nominated, by the Governor of the State 

4 in which the program is located and through a com5 petitive selection process, to be a center of excellence 

6 in early childhood under this section. 

7 ‘‘(b) PROGRAM AUTHORIZED.— 

8 ‘‘(1) IN GENERAL.—The Secretary of Edu9 cation, acting jointly with the Secretary of Health 

10 and Human Services as provided in paragraph (2), 

11 shall, subject to the availability of funds under sec12 tion 3(b)(4), establish a program under which the 

13 Secretary shall— 

14 ‘‘(A) designate exemplary eligible early 

15 childhood education programs as centers of ex16 cellence in early childhood for the purposes of 

17 sharing best practices among early childhood 

18 education programs and to support or recognize 

19 the centers of excellence to improve the quality 

20 of care in programs in their local region; and 

21 ‘‘(B) award bonus grants to each center of 

22 excellence in early childhood, to enable the cen23 ter to carry out the activities described in sub24 section (e). 

25 ‘‘(2) FEDERAL ADMINISTRATION.— 


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1 ‘‘(A) IN GENERAL.—With respect to this 

2 section, the Secretary shall bear responsibility 

3 for obligating and disbursing funds and ensur4 ing compliance with applicable laws and admin5 istrative requirements, subject to subparagraph 

6 (B). 

7 ‘‘(B) INTERAGENCY AGREEMENT.—The 

8 Secretary of Education and the Secretary of 

9 Health and Human Services shall jointly ad10 minister activities supported under this sub11 section on such terms as such secretaries shall 

12 set forth in an interagency agreement. 

13 ‘‘(c) APPLICATION.— 

14 ‘‘(1) IN GENERAL.—In order to be eligible to be 

15 designated as a center of excellence in early child16 hood under subsection (b), an eligible early child17 hood education program shall submit an application 

18 to the Secretary at such time, in such manner, and 

19 containing such information as the Secretary may 

20 require. 

21 ‘‘(2) CONTENTS.—At a minimum, the applica22 tion shall include— 

23 ‘‘(A) evidence that the eligible early child24 hood education program has significantly im25 proved the school readiness, as determined by 


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1 the Secretaries, of young children who have 

2 participated in the program; 

3 ‘‘(B) evidence that the eligible early child4 hood education program demonstrates improved 

5 child outcomes across all the essential domains 

6 of school readiness; 

7 ‘‘(C) evidence that the eligible early child8 hood education program has high staff quali9 fications that are designed to promote the so10 cial, emotional, physical, and cognitive develop11 ment of children; 

12 ‘‘(D) an assurance that the eligible early 

13 childhood education program will develop a col14 laborative partnership with other providers of 

15 early childhood education in the local commu16 nity involved to conduct activities under sub17 section (e); 

18 ‘‘(E) a nomination letter, from the Gov19 ernor of the State in which the eligible early 

20 childhood education program is located, dem21 onstrating the eligible early childhood education 

22 program’s ability to— 

23 ‘‘(i) provide the coordination, transi24 tion, and training services of the activities 

25 proposed to be carried out under the bonus 


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1 grant, including the coordination of such 

2 activities with State and local agencies that 

3 provide early childhood education and de4 velopment to young children and families 

5 in the community served by the eligible 

6 early childhood education program; and 

7 ‘‘(ii) carry out the activities described 

8 in subsection (e)(1); and 

9 ‘‘(F) a description of how the early child10 hood program, in order to expand accessibility 

11 and continuity of quality early childhood edu12 cation and development services and programs, 

13 will coordinate activities under subsection (e) 

14 with— 

15 ‘‘(i) programs serving children as16 sisted under the Child Care and Develop17 ment Block Grant Act of 1990 (42 U.S.C. 

18 9858 et seq.); 

19 ‘‘(ii) the temporary assistance for 

20 needy families program funded under part 

21 A of title IV of the Social Security Act (42 

22 U.S.C. 601 et seq.); 

23 ‘‘(iii) the block grants to State for so24 cial services program funded under subtitle 


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1 A of title XX of the Social Security Act 

2 (42 U.S.C. 1397 et seq.); 

3 ‘‘(iv) child care programs supported 

4 directly through the Community Services 

5 Block Grant; 

6 ‘‘(v) the Head Start and Early Head 

7 Start programs carried out under Head 

8 Start Act; 

9 ‘‘(vi) programs supported by grants 

10 under part I of title IV; 

11 ‘‘(vii) other preschool programs sup12 ported under this title; 

13 ‘‘(viii) programs carried out under 

14 section 619 and part C of the Individuals 

15 with Disabilities Education Act; 

16 ‘‘(ix) State prekindergarten programs; 

17 ‘‘(x) programs that support parent 

18 and family engagement, including pro19 grams funded under section 1118 or, if ap20 plicable, grantees supported through par21 ent and family information and resource 

22 center grants under part H of title IV; and 

23 ‘‘(xi) other programs of early child24 hood education and development; and 


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1 ‘‘(G) a description of how the early child2 hood education program, if selected as a center 

3 for excellence in early childhood, will work with 

4 the local educational agency of the area in 

5 which the program is located, to— 

6 ‘‘(i) provide for effective transitions 

7 between the program and elementary 

8 schools; and 

9 ‘‘(ii) to facilitate ongoing communica10 tion between the program and elementary 

11 school teachers concerning young children 

12 participating in the program to improve 

13 the teachers’ ability to work effectively 

14 with low-income, at-risk young children 

15 and their families. 

16 ‘‘(d) DESIGNATION AND BONUS GRANTS.— 

17 ‘‘(1) IN GENERAL.—For each 5-year term de18 scribed in paragraph (2), the Secretary shall— 

19 ‘‘(A) select and designate, as centers of ex20 cellence in early childhood, not less than 1 early 

21 childhood education program from each of the 

22 several States of the United States, the District 

23 of Columbia, Commonwealth of Puerto Rico, 

24 and each of the outlying areas from which the 

25 Secretary has received applications; and 


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1 ‘‘(B) award each center of excellence in 

2 early childhood a bonus grant for the 5-year 

3 term, subject to paragraph (2)(B). 

4 ‘‘(2) TERM OF DESIGNATION.— 

5 ‘‘(A) IN GENERAL.—Subject to subpara6 graph (B), the Secretary shall designate each 

7 early childhood education program as a center 

8 of excellence in early childhood under para9 graph (1) for a 5-year term. During the period 

10 of that designation, the program shall receive a 

11 bonus grant under subsection (b). 

12 ‘‘(B) REVOCATION.—The Secretary may 

13 revoke a program’s grant and designation under 

14 subparagraph (A) if the Secretary determines 

15 that the program has not made substantial 

16 progress in meeting the goals and objectives of 

17 the grant. 

18 ‘‘(3) BONUS GRANT AMOUNT.— 

19 ‘‘(A) MINIMUM AMOUNT OF BONUS

20 GRANT.—Subject to the availability of appro21 priations, each bonus grant awarded under this 

22 subsection shall be in an amount of not less 

23 than $200,000 per year. 

24 ‘‘(B) PRIORITY FOR INCREASED BONUS

25 GRANT FUNDING.—In determining the amount 


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1 of the bonus grant for a center of excellence in 

2 early childhood under this section, and subject 

3 to the requirements of subparagraph (A), the 

4 Secretary— 

5 ‘‘(i) shall give priority to centers that, 

6 through their applications, demonstrate 

7 that their programs are of exceptional 

8 quality and would serve as exemplary mod9 els for programs in the same geographic 

10 region; and 

11 ‘‘(ii) may give consideration to— 

12 ‘‘(I) the populations served by 

13 the centers, such as centers that serve 

14 large proportions of young children 

15 who are English learners, children 

16 who are infants or toddlers with dis17 abilities, as defined in 632 of the Indi18 viduals with Disabilities Education 

19 Act, children with disabilities who are 

20 eligible for services under section 619 

21 of such Act, homeless children, foster 

22 children, or children who receive child 

23 protective services, or young children 

24 of other underserved populations; and 


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1 ‘‘(II) centers that do an excep2 tional job meeting the needs of young 

3 children in such populations. 

4 ‘‘(e) USE OF BONUS GRANT FUNDS.—A center of ex5 cellence in early childhood that receives a bonus grant 

6 under this subsection shall— 

7 ‘‘(1) use not less than 15 percent of the funds 

8 made available through the grant to disseminate to 

9 other early childhood education programs in the 

10 State involved (including to early childhood edu11 cation programs who serve young children who live 

12 on tribal lands or come from families who engage in 

13 seasonal or migrant work), best practices for achiev14 ing early academic success, including— 

15 ‘‘(A) best practices for achieving school 

16 readiness, including developing early literacy 

17 and mathematics skills; 

18 ‘‘(B) best practices for achieving the acqui19 sition of the English language for English 

20 learners, if appropriate to the population 

21 served; 

22 ‘‘(C) best practices for providing high-qual23 ity comprehensive services, if applicable, for 

24 participating young children and their families; 

25 and 


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1 ‘‘(D) best practices for facilitating the so2 cial and emotional development of children and 

3 young children; and 

4 ‘‘(2) use the remainder of such funds for not 

5 less than 2 of the following activities: 

6 ‘‘(A) In the case of a center of excellence 

7 that is a Head Start program, providing Head 

8 Start services to additional eligible young chil9 dren. 

10 ‘‘(B) Extending the services of the center 

11 of excellence to provide full-day, full-week, or 

12 full-year care to young children served by the 

13 program, if appropriate to better meet the 

14 needs of working families in the community 

15 served by the center. 

16 ‘‘(C) Further coordinating early childhood 

17 education programs and services and social 

18 services available in the community served by 

19 the center for at-risk young children, their fam20 ilies, and pregnant women. 

21 ‘‘(D) Providing professional development 

22 for program instructional and support staff, in23 cluding joint training for with child care pro24 viders, public preschool and elementary school 

25 teachers and school leaders, and other providers 


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1 of early childhood education and development 

2 programs. 

3 ‘‘(E) Developing or maintaining partner4 ships with institutions of higher education and 

5 nonprofit organizations, including community6 based organizations, that recruit, train, place, 

7 and support postsecondary education students 

8 to serve as mentors and reading partners to 

9 preschool children in centers that serve such 

10 children. 

11 ‘‘(F) Carrying out other activities deter12 mined by the center to improve the overall qual13 ity of the center’s early childhood education 

14 program and for which there is evidence that 

15 the activities will lead to improved safety, devel16 opment, well-being, or school readiness of the 

17 young children served by the program. 

18 ‘‘(G) Sharing best practices concerning the 

19 transition of children into elementary school. 

20 ‘‘(f) REPORTS TO THE SECRETARY.—Each center of 

21 excellence in early childhood that receives bonus grant 

22 funds under this section shall submit an annual report to 

23 the Secretary, at such time and in such manner as the 

24 Secretary may require, that contains a description of the 

25 activities the center carried out with funds received under 


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1 this section, including a description of how such funds im2 proved services for young children and families. 

3 ‘‘(g) RESEARCH AND TECHNICAL ASSISTANCE.— 

4 From the funds made available to carry out this section, 

5 the Secretary may reserve not more than 1 percent of such 

6 funds to carry out the following activities: 

7 ‘‘(1) Supporting a research collaborative among 

8 the Institute of Education Sciences, the National In9 stitute of Child Health and Human Development, 

10 the Office of Planning, Research, and Evaluation 

11 within the Administration for Children and Families 

12 of the Department of Health and Human Services, 

13 and, as appropriate, other Federal entities, to sup14 port research on early learning that can inform im15 proved State and other standards and licensing re16 quirements and improved outcomes for young chil17 dren, which collaborative shall— 

18 ‘‘(A) biennially prepare and publish for 

19 public comment a detailed research plan; 

20 ‘‘(B) support early learning research activi21 ties that could include determining— 

22 ‘‘(i) the characteristics of early learn23 ing programs that produce positive devel24 opmental outcomes for young children; 


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1 ‘‘(ii) the effects of program quality 

2 standards on child outcomes; 

3 ‘‘(iii) the relationships between spe4 cific interventions and types of child and 

5 family outcomes; 

6 ‘‘(iv) the effectiveness of early learn7 ing provider training in raising program 

8 quality and improving child outcomes; 

9 ‘‘(v) the effectiveness of professional 

10 development strategies in raising program 

11 quality and improving child outcomes; and 

12 ‘‘(vi) how to improve the school readi13 ness outcomes of young children who are 

14 English learners, children with special 

15 needs, and homeless children, including 

16 evaluation of professional development pro17 grams for working with such children; and 

18 ‘‘(C) disseminate relevant research findings 

19 and best practices. 

20 ‘‘(2) Evaluating barriers to improving the qual21 ity of early learning programs serving low-income 

22 young children, including evaluating barriers to suc23 cessful interagency collaboration and coordination, 

24 by conducting a review of the statewide strategic re25 ports developed by State Advisory Councils on Early 


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1 Childhood Education and Care and other relevant 

2 reports, reporting the findings of such review to 

3 Congress, and disseminating relevant research find4 ings and best practices. 

5 ‘‘SEC. 1133. GREEN RIBBON SCHOOLS. 

6 ‘‘The Secretary is authorized to identify and recog7 nize exemplary schools, programs, and individuals. Such 

8 recognitions may include— 

9 ‘‘(1) a Green Ribbon Schools program, such as 

10 the Green Ribbons School program carried out by 

11 the Secretary under section 5411(b)(5) as of the day 

12 before the date of enactment of the Strengthening 

13 America’s Schools Act of 2013, that recognizes ex14 cellence in reducing environmental impact, increas15 ing health and wellness, and providing sustainability 

16 education; and 

17 ‘‘(2) an award program recognizing excellence 

18 exhibited by classified school employees in the public 

19 school system.’’. 

20 SEC. 1126. GRANTS FOR STATE ASSESSMENTS AND RE21 LATED ACTIVITIES. 

22 Part A of title I (20 U.S.C. 6301 et seq.), as amended 

23 by section 1125, is further amended by adding at the end 

24 the following: 


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1 ‘‘Subpart 4—Grants for State Assessments and 

2 Related Activities 

3 ‘‘SEC. 1141. GRANTS FOR STATE ASSESSMENTS AND RE4 LATED ACTIVITIES. 

5 ‘‘(a) GRANTS FOR STATE ASSESSMENTS.—From 

6 amounts made available under subsection (c)(1) to carry 

7 out this subsection, the Secretary shall make grants to 

8 States— 

9 ‘‘(1) to enable States to pay the costs of devel10 oping, improving, or administering State assess11 ments and standards consistent with section 

12 1111(a), which may include the cost of working in 

13 voluntary partnerships with other States, at the sole 

14 discretion of each such State; and 

15 ‘‘(2) in the case of States that have developed 

16 the assessments and standards consistent with the 

17 requirements of section 1111(a), to enable each such 

18 State— 

19 ‘‘(A) to administer such assessments; or 

20 ‘‘(B) to carry out other activities described 

21 in this section, which may include— 

22 ‘‘(i) developing college and career 

23 ready State academic content and student 

24 academic achievement standards and 

25 aligned assessments in academic subjects 


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1 for which standards and assessments are 

2 not required under section 1111(a); 

3 ‘‘(ii) developing or improving assess4 ments of English language proficiency nec5 essary to comply with section 

6 1111(a)(2)(D); 

7 ‘‘(iii) developing multiple measures of 

8 student academic achievement, including 

9 measures that assess higher-order thinking 

10 skills and understanding, and elicit com11 plex student demonstrations or applica12 tions of knowledge and skills to increase 

13 the reliability and validity of State assess14 ment systems; 

15 ‘‘(iv) developing, enhancing, or admin16 istering, in publicly funded early childhood 

17 education programs and elementary 

18 schools, early learning assessments (includ19 ing accommodations to provide access for 

20 young children with disabilities) to improve 

21 instruction for young children; 

22 ‘‘(v) strengthening the capacity of 

23 local educational agencies and schools to 

24 provide all students with the opportunity 

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1 cluding carrying out professional develop2 ment activities aligned with State student 

3 academic achievement standards and as4 sessments; 

5 ‘‘(vi) expanding the range, and im6 proving the quality, of accommodations 

7 available to English learners and students 

8 with disabilities to improve the use of such 

9 accommodations, including professional de10 velopment activities; 

11 ‘‘(vii) improving the dissemination of 

12 information about student achievement and 

13 school performance to parents and fami14 lies, including the development of informa15 tion and reporting systems designed to— 

16 ‘‘(I) identify best educational 

17 practices based on scientifically valid 

18 research; or 

19 ‘‘(II) assist in linking records of 

20 student achievement, length of enroll21 ment, and graduation over time; 

22 ‘‘(viii) providing instructional sup23 ports, which may include formative assess24 ments; 


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1 ‘‘(ix) developing computer adaptive as2 sessments that meet the requirements of 

3 section 1111(a); 

4 ‘‘(x) developing alternate assessments, 

5 as described in section 1111(a)(2)(E), 

6 aligned to alternate achievement standards; 

7 and 

8 ‘‘(xi) providing professional develop9 ment to local educational agency staff to 

10 transition between assessment systems, in11 cluding technology for that purpose. 

12 ‘‘(b) GRANTS FOR ENHANCED ASSESSMENT SYS13 TEMS.— 

14 ‘‘(1) GRANT PROGRAM AUTHORIZED.—From 

15 amounts made available under subsection (c)(2) to 

16 carry out this subsection, the Secretary shall award, 

17 on a competitive basis, grants to State educational 

18 agencies to enable the State educational agencies to 

19 carry out the activities described in paragraph (3). 

20 ‘‘(2) APPLICATION.—Each State educational 

21 agency desiring to receive a grant under this section 

22 shall submit an application to the Secretary at such 

23 time, in such manner, and accompanied by such in24 formation as the Secretary may require. 


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1 ‘‘(3) AUTHORIZED ACTIVITIES.—Each State 

2 educational agency that receives a grant under this 

3 section shall use the grant funds to— 

4 ‘‘(A) enable States, or a consortia of 

5 States, to collaborate with institutions of higher 

6 education or other organizations or agencies to 

7 improve the quality, validity, and reliability of 

8 State academic assessments beyond the require9 ments for such assessments described in section 

10 1111(a)(2); 

11 ‘‘(B) measure student academic achieve12 ment using multiple measures of student aca13 demic achievement from multiple sources, in14 cluding measures that assess higher-order 

15 thinking skills and understanding; 

16 ‘‘(C) chart student progress over time; or 

17 ‘‘(D) evaluate student academic achieve18 ment through the development of comprehensive 

19 academic assessment instruments. 

20 ‘‘(c) ALLOTMENT OF APPROPRIATED FUNDS.— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), for each fiscal year, the Secretary shall 

23 use the amount of funds made available for this sec24 tion for such year or $400,000,000 of such funds, 

25 whichever is less, to— 


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1 ‘‘(A) reserve one-half of 1 percent for the 

2 Bureau of Indian Education; 

3 ‘‘(B) reserve one-half of 1 percent for the 

4 outlying areas; and 

5 ‘‘(C) from the amounts remaining after the 

6 application of subparagraphs (A) and (B), allo7 cate to each State, for the purposes of carrying 

8 out the activities under subsection (a), an 

9 amount equal to— 

10 ‘‘(i) $3,000,000; and 

11 ‘‘(ii) with respect to any amounts re12 maining after the allocation is made under 

13 clause (i), an amount that bears the same 

14 relationship to such total remaining 

15 amounts as the number of students ages 5 

16 through 17 in the State (as determined by 

17 the Secretary on the basis of the most re18 cent satisfactory data) bears to the total 

19 number of such students in all States. 

20 ‘‘(2) SPECIAL RULE FOR FISCAL YEAR 2014.— 

21 For fiscal year 2014, the Secretary shall use not less 

22 than $800,000,000 or, if a lesser amount is made 

23 available for this section for such year, such entire 

24 lesser amount, to carry out the requirements of 

25 paragraph (1). 


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1 ‘‘(3) REMAINDER.—Any amounts remaining for 

2 a fiscal year after the Secretary carries out para3 graph (1) shall be made available to award funds 

4 under subsection (b) to States according to the qual5 ity, needs, and scope of the State application under 

6 this section. In determining the grant amount, the 

7 Secretary shall ensure that a State’s grant shall in8 clude an amount that bears the same relationship to 

9 the total funds available under this paragraph for 

10 the fiscal year as the number of students ages 5 

11 through 17 in the State (as determined by the Sec12 retary on the basis of the most recent satisfactory 

13 data) bears to the total number of such students in 

14 all States. 

15 ‘‘(4) DEFINITION OF STATE.—In this section, 

16 the term ‘State’ means each of the 50 States, the 

17 District of Columbia, and the Commonwealth of 

18 Puerto Rico.’’. 

19 PART B—PATHWAYS TO COLLEGE 

20 SEC. 1201. IMPROVING SECONDARY SCHOOLS. 

21 Part B of title I (20 U.S.C. 6361 et seq.) is amended 

22 to read as follows: 


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1 ‘‘PART B—PATHWAYS TO COLLEGE 

2 ‘‘Subpart 1—Improving Secondary Schools 

3 ‘‘SEC. 1201. SECONDARY SCHOOL REFORM. 

4 ‘‘(a) PURPOSES.—The purposes of this section are to 

5 ensure students graduate from secondary school college 

6 and career ready and to increase graduation rates by pro7 viding grants to eligible entities to provide schools with 

8 the necessary resources to implement innovative and effec9 tive secondary school reform strategies. 

10 ‘‘(b) DEFINITIONS.—In this section: 

11 ‘‘(1) APPLIED LEARNING.—The term ‘applied 

12 learning’ means a strategy that— 

13 ‘‘(A) engages students in opportunities to 

14 apply rigorous academic content aligned with 

15 college-level expectations to real world experi16 ence, through such means as work experience, 

17 work-based learning, problem-based learning, or 

18 service-learning; and 

19 ‘‘(B) develops students’ cognitive com20 petencies and pertinent employability skills. 

21 ‘‘(2) CHRONIC ABSENTEEISM.—The term 

22 ‘chronic absenteeism’ means a student misses— 

23 ‘‘(A) 10 percent of the school days per 

24 school year; or 

25 ‘‘(B) not less than 20 school days per 

26 school year. 


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1 ‘‘(3) COMPETENCY-BASED LEARNING MODEL.— 

2 The term ‘competency-based learning model’ means 

3 an education model in which educators use explicit 

4 measurable learning objectives to assist students to 

5 advance upon mastery of objectives as determined 

6 through relevant assessments. 

7 ‘‘(4) EFFECTIVE SECONDARY SCHOOL REFORM

8 STRATEGIES.—The term ‘effective secondary school 

9 reform strategies’ means a set of programs, inter10 ventions, and activities with demonstrated effective11 ness in improving the academic achievement of 

12 struggling students or dropouts. 

13 ‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible en14 tity’ means a high-need local educational agency, or 

15 a consortia of such local educational agencies, in 

16 partnership with— 

17 ‘‘(A) 1 or more institutions of higher edu18 cation; 

19 ‘‘(B) 1 or more employers or industry-re20 lated organizations; and 

21 ‘‘(C) 1 or more external partners or quali22 fied intermediaries. 

23 ‘‘(6) ELIGIBLE SECONDARY SCHOOL.—The 

24 term ‘eligible secondary school’ means a high school 

25 that— 


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1 ‘‘(A) is eligible for funds under part A; 

2 ‘‘(B) has a graduation rate below 75 per3 cent; 

4 ‘‘(C) does not receive grant funds under 

5 section 1116(d); and 

6 ‘‘(D) is identified as low performing based 

7 on the State’s accountability system. 

8 ‘‘(7) EXTERNAL PARTNER.—The term ‘external 

9 partner’ means a public or private nonprofit organi10 zation or a nonprofit charter management organiza11 tion, with a demonstrated record of successful sec12 ondary school reform. 

13 ‘‘(8) FEEDER MIDDLE SCHOOL.—The term 

14 ‘feeder middle school’ means an elementary school or 

15 secondary school from which a majority of students 

16 go on to attend an eligible secondary school. 

17 ‘‘(9) QUALIFIED INTERMEDIARY.—The term 

18 ‘qualified intermediary’ means an entity that has 

19 demonstrated expertise to build and sustain partner20 ships with entities such as employers, schools, com21 munity-based organizations, postsecondary edu22 cational institutions, social service agencies, eco23 nomic development organizations, and workforce in24 vestment systems, to broker services, resources, and 


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1 supports for youth and the organizations and sys2 tems designed to serve them. 

3 ‘‘(10) STRUGGLING STUDENT.—The term 

4 ‘struggling student’ means a student who— 

5 ‘‘(A) is at an increased risk for low aca6 demic achievement and is unlikely to graduate 

7 secondary school within 4 years; or 

8 ‘‘(B) a student who has dropped out of 

9 school. 

10 ‘‘(c) GRANTS AUTHORIZED.— 

11 ‘‘(1) IN GENERAL.— 

12 ‘‘(A) RESERVATION.—From the total 

13 amount of funds appropriated to carry out this 

14 section for a fiscal year, the Secretary shall re15 serve— 

16 ‘‘(i) not more than 2.5 percent for na17 tional activities, which the Secretary shall 

18 use for technical assistance, data collection 

19 and dissemination, and evaluation and re20 porting activities; and 

21 ‘‘(ii) not less than one half of 1 per22 cent for the Bureau of Indian Education 

23 for activities consistent with the purposes 

24 of this section. 


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1 ‘‘(B) GRANTS.—From the total amount of 

2 funds appropriated to carry out this section for 

3 a fiscal year and not reserved under subpara4 graph (A), the Secretary shall award grants, on 

5 a competitive basis, to eligible entities, based on 

6 the quality of the applications submitted, of 

7 which— 

8 ‘‘(i) not more than 25 percent of 

9 grant funds shall be used for activities de10 scribed in subsection (e)(1); and 

11 ‘‘(ii) not less than 75 percent of grant 

12 funds shall be used for activities described 

13 in paragraphs (2) and (3) of subsection (e) 

14 and subsection (f). 

15 ‘‘(2) GRANT DURATION.—Grants awarded 

16 under this section shall be for a period of 5 years, 

17 conditional after 3 years on satisfactory progress on 

18 the performance indicators described in subsection 

19 (d)(2)(G), as determined by the Secretary. 

20 ‘‘(3) GRANT CONSIDERATIONS.—In awarding 

21 grants under this section, the Secretary shall give 

22 special consideration to applications from eligible en23 tities— 

24 ‘‘(A) serving high-need areas, such as high25 poverty or rural local educational agencies; or 


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1 ‘‘(B) that demonstrate partnerships with 

2 employers to provide students at participating 

3 schools with career-related experience or assist4 ance in attaining career-related credentials. 

5 ‘‘(4) ANNUAL REPORT.—Each eligible entity 

6 that receives a grant under this section shall submit 

7 to the Secretary an annual report including data on 

8 the entity’s progress on the performance indicators 

9 described in subsection (d)(2)(G). 

10 ‘‘(d) APPLICATION.— 

11 ‘‘(1) IN GENERAL.—An eligible entity that de12 sires a grant under this section shall submit an ap13 plication to the Secretary at such time, in such man14 ner, and containing such information as the Sec15 retary may reasonably require. 

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

17 under paragraph (1) shall include, at a minimum, a 

18 description of the following: 

19 ‘‘(A) How the eligible entity will use funds 

20 awarded under this section to carry out the ac21 tivities described in subsection (e)(1). 

22 ‘‘(B) The role of each entity that com23 prises the eligible entity in meeting the pur24 poses of this section, including the external 


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1 partner’s capacity and record of success in sec2 ondary school reform. 

3 ‘‘(C) How the eligible entity will sustain 

4 the activities proposed, including the availability 

5 of funds from non-Federal sources and coordi6 nation with other Federal, State, and local 

7 funds. 

8 ‘‘(D) How the eligible entity conducted a 

9 comprehensive needs analysis and capacity as10 sessment of the eligible secondary schools 

11 served by the eligible entity to identify sec12 ondary schools proposed to be served by the 

13 grant. The needs analysis and capacity assess14 ment shall include the following: 

15 ‘‘(i) An examination of each secondary 

16 school’s data in the aggregate, and 

17 disaggregated by each of the subgroups of 

18 students described in section 

19 1111(a)(2)(B)(x), on the following: 

20 ‘‘(I) Graduation rates and char21 acteristics of those students who are 

22 not graduating, including such stu23 dents’ attendance, behavior, expulsion 

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1 formance, and credit accumulation 

2 rates. 

3 ‘‘(II) Rates of dropout recovery 

4 (re-entry). 

5 ‘‘(III) Rates of enrollment and 

6 remediation in institutions of higher 

7 education, in accordance with section 

8 1111(d)(3)(B)(viii). 

9 ‘‘(IV) The percentage of students 

10 who are 2 or more years over-aged or 

11 under-credited for their grade level. 

12 ‘‘(ii) An examination of each eligible 

13 secondary school and feeder middle 

14 school’s data in the aggregate, and 

15 disaggregated by each of the subgroups of 

16 students described in section 

17 1111(a)(2)(B)(x), as applicable, on the fol18 lowing: 

19 ‘‘(I) Student academic achieve20 ment, including the percentage of stu21 dents who have on-time credit accu22 mulation at the end of each grade and 

23 the percentage of students failing a 

24 core, credit-bearing, reading or lan25 guage arts, science, or mathematics 


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1 course, or failing 2 or more of any 

2 courses. 

3 ‘‘(II) The percentage of students 

4 who have an attendance rate lower 

5 than 90 percent. 

6 ‘‘(III) Annual rates of expulsions, 

7 suspensions, school violence, harass8 ment, and bullying, as defined under 

9 State or local laws or policies. 

10 ‘‘(IV) Annual, average credit ac11 cumulation. 

12 ‘‘(V) Annual, average attendance 

13 rates. 

14 ‘‘(VI) Annual rates of students 

15 who move in and out of the school 

16 within a school year. 

17 ‘‘(VII) Annual, average rates of 

18 enrollment in and completion of ad19 vanced coursework, including opportu20 nities to earn postsecondary credit 

21 while in high school, such as Ad22 vanced Placement and International 

23 Baccalaureate courses and exams, 

24 dual enrollment, and early college. 


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1 ‘‘(VIII) Curriculum alignment 

2 with college and career ready stand3 ards across all grade levels. 

4 ‘‘(IX) The non-academic barriers 

5 that impact student achievement and 

6 the available support services to ad7 dress such barriers. 

8 ‘‘(X) The number and percentage 

9 of students who do not transition 

10 from grade 8 to grade 9 and who have 

11 not transferred to and enrolled in a 

12 school outside of the local educational 

13 agency within the State or out of the 

14 State. 

15 ‘‘(iii) An examination, including a de16 scription, of each eligible secondary 

17 school’s capacity to implement the school 

18 reform activities described under sub19 section (e)(3), including— 

20 ‘‘(I) the capacity and experience 

21 levels of administrative, instructional, 

22 and noninstructional staff; 

23 ‘‘(II) the budget, including how 

24 Federal, State, and local funds are 

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1 sessment) and can be better spent; 

2 and 

3 ‘‘(III) the technical assistance, 

4 additional resources, and staff nec5 essary to implement the activities 

6 identified in subsection (e)(3). 

7 ‘‘(iv) An assessment of the capacity of 

8 the eligible entity to provide technical as9 sistance and resources to implement the 

10 activities described in subsection (e). 

11 ‘‘(E) The rationale for the strategies cho12 sen to be implemented under subsection (e), in13 cluding how such strategies will address the 

14 needs identified through the needs analysis. 

15 ‘‘(F) How the eligible entity will incor16 porate students with disabilities, English learn17 ers, and struggling students into the activities 

18 under subsection (e). 

19 ‘‘(G) The performance indicators and tar20 gets the eligible entity will use to assess the ef21 fectiveness of the activities implemented under 

22 this section including— 

23 ‘‘(i) graduation rates; 

24 ‘‘(ii) dropout recovery (re-entry) rates; 


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1 ‘‘(iii) percentage of students with less 

2 than a 90 percent attendance rate; 

3 ‘‘(iv) percentage of students who have 

4 on-time credit accumulation at the end of 

5 each grade and the percentage of students 

6 failing a core subject course; 

7 ‘‘(v) rates of expulsions, suspensions, 

8 school violence, harassment, and bullying, 

9 as defined under State or local laws or 

10 policies; 

11 ‘‘(vi) annual, average attendance 

12 rates; 

13 ‘‘(vii) annual rates of student mobil14 ity; 

15 ‘‘(viii) annual rates of student trans16 fers; 

17 ‘‘(ix) college remediation, enrollment, 

18 persistence, and completion rates; and 

19 ‘‘(x) percentage of students success20 fully— 

21 ‘‘(I) completing Advanced Place22 ment or International Baccalaureate 

23 courses; 


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1 ‘‘(II) completing rigorous post2 secondary education courses while at3 tending a secondary school; or 

4 ‘‘(III) enrolling in and com5 pleting, career and technical edu6 cation, as defined in section 3 of the 

7 Carl D. Perkins Career and Technical 

8 Education Act of 2006 (20 U.S.C. 

9 2302) or a program that leads to an 

10 apprenticeship registered under the 

11 Act of August 16, 1937 (commonly 

12 known as the ‘National Apprentice13 ship Act’; 50 Stat. 664, chapter 663; 

14 29 U.S.C. 50 et seq.). 

15 ‘‘(e) REQUIRED USES OF FUNDS.— 

16 ‘‘(1) IN GENERAL.—An eligible entity that re17 ceives a grant under this section shall use the grant 

18 funds to— 

19 ‘‘(A) implement an early warning indicator 

20 system to help high schools and feeder middle 

21 schools, served by the eligible entity’s local edu22 cational agency, to identify struggling students 

23 and create a system of evidence-based interven24 tions, by— 


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1 ‘‘(i) identifying and analyzing the aca2 demic and non-academic risk factors that 

3 most reliably predict dropouts by using 

4 longitudinal data of past cohorts of stu5 dents; 

6 ‘‘(ii) identifying specific indicators of 

7 student progress and performance, such as 

8 attendance and chronic absenteeism, aca9 demic performance in core courses, and 

10 credit accumulation, to guide decision11 making; 

12 ‘‘(iii) identifying or developing a 

13 mechanism for regularly collecting and 

14 analyzing data about the impact of inter15 ventions on the indicators of student 

16 progress and performance; 

17 ‘‘(iv) analyzing academic indicators to 

18 determine whether students are making 

19 sufficient academic growth to graduate sec20 ondary school in the standard numbers of 

21 years; and 

22 ‘‘(v) identifying and implementing 

23 strategies for pairing academic support 

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1 quiring intensive supports, which may in2 clude partnerships with other external 

3 partners; 

4 ‘‘(B) provide support and credit recovery 

5 opportunities for struggling students, including 

6 those who are over-aged and under-credited, at 

7 secondary schools served by the eligible entity 

8 by offering activities, such as— 

9 ‘‘(i) a flexible school schedule; 

10 ‘‘(ii) competency-based learning mod11 els and performance-based assessments; 

12 and 

13 ‘‘(iii) the provision of support services; 

14 ‘‘(C) provide dropout recovery or re-entry 

15 programs to secondary schools that are de16 signed to encourage and support dropouts re17 turning to an educational system, program, or 

18 institution following an extended absence in 

19 order to graduate college and career ready; 

20 ‘‘(D) provide evidence-based grade and 

21 school transition programs and supports, in22 cluding through curricula alignment; and 

23 ‘‘(E) provide school leaders, instructional 

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1 lies with high-quality, easily accessible and 

2 timely information about— 

3 ‘‘(i) secondary school graduation re4 quirements; 

5 ‘‘(ii) postsecondary education applica6 tion processes; 

7 ‘‘(iii) postsecondary admissions proc8 esses and requirements, including public fi9 nancial aid and other available private 

10 scholarship and grant aid opportunities; 

11 and 

12 ‘‘(iv) other programs and services for 

13 increasing rates of college access and suc14 cess for students from low-income families. 

15 ‘‘(2) REQUIRED USE OF FUNDS IN FEEDER

16 MIDDLE SCHOOLS.—An eligible entity that receives a 

17 grant under this section shall use the grant funds in 

18 feeder middle schools to improve the academic 

19 achievement of students and prepare students to 

20 graduate college and career ready by— 

21 ‘‘(A) using early warning indicator and 

22 intervention systems described in paragraph 

23 (1)(A); 

24 ‘‘(B) creating a personalized learning envi25 ronment; 


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1 ‘‘(C) implementing a transition strategy to 

2 support the successful transition of students be3 tween grades, including encouraging collabora4 tion among elementary, middle, and secondary 

5 school grades; 

6 ‘‘(D) providing high-quality professional 

7 development opportunities to school leaders, 

8 teachers, and other school staff to prepare staff 

9 to— 

10 ‘‘(i) address the academic challenges 

11 of students in middle grades; 

12 ‘‘(ii) understand the developmental 

13 needs of students in the middle grades and 

14 how to address those needs in an edu15 cational setting; 

16 ‘‘(iii) implement data-driven interven17 tions; and 

18 ‘‘(iv) provide academic guidance to 

19 students so that students can graduate on 

20 college and career ready; and 

21 ‘‘(E) implementing organizational practices 

22 and school schedules that allow for collaborative 

23 staff participation, team teaching, and common 

24 instructional planning time. 


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1 ‘‘(3) REQUIRED USE OF FUNDS IN ELIGIBLE

2 SECONDARY SCHOOLS.—An eligible entity that re3 ceives a grant under this section shall use the grant 

4 funds in eligible secondary schools to implement a 

5 comprehensive approach that will— 

6 ‘‘(A) personalize the school experience by 

7 taking steps such as— 

8 ‘‘(i) creating opportunities for strug9 gling students to receive personalized in10 struction, including providing a personal11 ized sequence of instructional content and 

12 skills development, and opportunities for 

13 credit recovery; 

14 ‘‘(ii) implementing competency-based 

15 learning models; and 

16 ‘‘(iii) providing ongoing evaluation of 

17 student academic achievement and the nec18 essary supports so that students graduate 

19 college and career ready; 

20 ‘‘(B) increase student engagement by pro21 viding applied learning opportunities; 

22 ‘‘(C) provide school leaders with autonomy 

23 through a flexible budget and staffing author24 ity; 


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1 ‘‘(D) implement high-quality, evidence2 based professional development for teachers and 

3 school leaders, provide increased opportunities 

4 for teachers to work collaboratively, and im5 prove instruction; 

6 ‘‘(E) improve curriculum and instruction, 

7 by— 

8 ‘‘(i) redesigning academic content and 

9 instructional practices to align with high 

10 academic standards for all students, the 

11 criteria associated with admission to and 

12 success in postsecondary education, and 

13 the skills necessary to be successful in the 

14 workplace; 

15 ‘‘(ii) increasing rigor by providing op16 portunities to earn postsecondary credit 

17 while in high school, including through Ad18 vanced Placement or International Bacca19 laureate courses, dual enrollment, and 

20 early college; and 

21 ‘‘(iii) implementing competency-based 

22 learning models; 

23 ‘‘(F) strengthen the transition between 

24 high school and postsecondary education 

25 through activities such as— 


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1 ‘‘(i) providing academic and career 

2 counseling in student-to-counselor ratios 

3 that allow students to make informed deci4 sions about academic and career options; 

5 ‘‘(ii) provide high-quality college and 

6 career exploration opportunities including 

7 college campus visits; 

8 ‘‘(iii) coordinating secondary and 

9 postsecondary support services, and aca10 demic calendars, to allow students to visit 

11 and take courses at institutions of higher 

12 education; and 

13 ‘‘(iv) providing academic and support 

14 services, including financial aid counseling 

15 for postsecondary education; and 

16 ‘‘(G) implement not less than 1 of the fol17 lowing effective secondary school reform strate18 gies to prepare students for college and a ca19 reer, and to improve graduation rates: 

20 ‘‘(i) Graduation Promise Academies, 

21 which include— 

22 ‘‘(I) 9th grade academies taught 

23 by teams of teachers who work with 

24 small groups of students; 


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1 ‘‘(II) career academies for upper 

2 grades; 

3 ‘‘(III) extended learning periods, 

4 such as block scheduling, to reduce 

5 the number of students for whom 

6 teachers are responsible and the num7 ber of courses students are taking at 

8 any one time; 

9 ‘‘(IV) an after-hours credit recov10 ery program; 

11 ‘‘(V) curriculum coaches who 

12 provide high-quality professional de13 velopment and support; 

14 ‘‘(VI) partnerships among par15 ents, teachers, administrators, com16 munity-based organizations, and com17 munity members focused on improving 

18 student achievement; and 

19 ‘‘(VII) a college-going culture, in20 cluding student supports and guid21 ance. 

22 ‘‘(ii) Career academies, which imple23 ment a college and career ready curriculum 

24 that integrates rigorous academics, career 

25 and technical education, and experiential 


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1 learning for high school students in high2 skill, high-demand industries, in collabora3 tion with local and regional employers. 

4 ‘‘(iii) Dual enrollment programs that 

5 provide dual enrollment opportunities with 

6 college credit-bearing courses, including ac7 celerated certificate programs with commu8 nity colleges or other recognized postsec9 ondary credentials. 

10 ‘‘(iv) Early college high schools that 

11 design curricula and sequences of courses 

12 in collaboration with teachers from the eli13 gible secondary school and faculty from the 

14 partner institution of higher education so 

15 that students may simultaneously earn 

16 credits towards a high school diploma and 

17 either an associate degree or transferable 

18 postsecondary education credits toward a 

19 postsecondary degree at no cost to stu20 dents or their families. 

21 ‘‘(f) ALLOWABLE USES OF FUNDS.—An eligible enti22 ty that receives a grant under this section may use grant 

23 funds to— 

24 ‘‘(1) improve parent and family engagement in 

25 the educational attainment and achievement of 


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1 struggling students and dropouts to be college and 

2 career ready by— 

3 ‘‘(A) leveraging community-based services 

4 and opportunities; and 

5 ‘‘(B) providing parents and families with 

6 the necessary information, including data on 

7 their child’s academic achievement and how to 

8 navigate the public school system; 

9 ‘‘(2) provide extended learning opportunities, by 

10 extending the school day, week, or year to increase 

11 the total number of school hours to include addi12 tional time for instruction in academic subjects and 

13 enrichment activities that contribute to a well-round14 ed education; 

15 ‘‘(3) increase student supports through activi16 ties such as student advisories, school counseling op17 portunities, and one-to-one mentoring; and 

18 ‘‘(4) create smaller learning communities. 

19 ‘‘(g) MATCHING FUNDS.— 

20 ‘‘(1) IN GENERAL.—An eligible entity that re21 ceives a grant under this section shall provide 

22 matching funds, from non-Federal sources, in an 

23 amount equal to not less than 20 percent of the 

24 amount of grant funds awarded in the first 3 years 

25 of the grant, not less than 50 percent of the amount 


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1 awarded in the fourth year of the grant, and not less 

2 than 75 percent of the amount awarded in the fifth 

3 year of the grant, as applicable. 

4 ‘‘(2) WAIVER.—The Secretary may waive all or 

5 part of the matching requirement described in para6 graph (1) for a fiscal year for an eligible entity, on 

7 a case-by-case basis, if the Secretary determines that 

8 applying the matching requirement to such eligible 

9 entity would result in serious hardship or an inabil10 ity to carry out the authorized activities described in 

11 subsection (e). 

12 ‘‘(h) SUPPLEMENT NOT SUPPLANT.—An eligible en13 tity shall use Federal funds received under this section 

14 only to supplement the funds that would, in the absence 

15 of such Federal funds, be made available from other Fed16 eral and non-Federal sources for the activities described 

17 in this section, and not to supplant such funds. 

18 ‘‘Subpart 2—Accelerated Learning 

19 ‘‘SEC. 1221. PURPOSES. 

20 ‘‘The purposes of this subpart are— 

21 ‘‘(1) to raise student academic achievement 

22 by— 

23 ‘‘(A) increasing the number of teachers 

24 serving high-need schools who are qualified to 


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1 teach Advanced Placement or International 

2 Baccalaureate courses; and 

3 ‘‘(B) increasing the number of students at4 tending high-need schools who— 

5 ‘‘(i) enroll and succeed in Advanced 

6 Placement or International Baccalaureate 

7 courses; and 

8 ‘‘(ii) take Advanced Placement or 

9 International Baccalaureate examinations; 

10 ‘‘(2) to increase, and to support statewide and, 

11 as applicable, districtwide, efforts to increase the 

12 availability of, and enrollment in, Advanced Place13 ment or International Baccalaureate courses, and 

14 pre-Advanced Placement or pre-International Bacca15 laureate courses, in high-need schools; and 

16 ‘‘(3) to provide high-quality professional devel17 opment for teachers of Advanced Placement or 

18 International Baccalaureate courses, and pre-Ad19 vanced Placement or pre-International Bacca20 laureate courses, in high-need schools. 

21 ‘‘SEC. 1222. FUNDING DISTRIBUTION RULE. 

22 ‘‘From amounts appropriated to carry out this sub23 part for a fiscal year, the Secretary shall give priority to 

24 funding activities under section 1223 and shall distribute 

25 any remaining funds under section 1224. 


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1 ‘‘SEC. 1223. ADVANCED PLACEMENT AND INTERNATIONAL 

2 BACCALAUREATE EXAMINATION FEE PRO3 GRAM. 

4 ‘‘(a) GRANTS AUTHORIZED.—From amounts made 

5 available to carry out this subpart for a fiscal year, the 

6 Secretary shall award grants to State educational agencies 

7 having applications approved under this section to enable 

8 the State educational agencies to pay, on behalf of low9 income students, part or all of the costs of Advanced 

10 Placement or International Baccalaureate examination 

11 fees, if the low-income students— 

12 ‘‘(1) are enrolled in an Advanced Placement or 

13 International Baccalaureate course; and 

14 ‘‘(2) plan to take an Advanced Placement or 

15 International Baccalaureate examination. 

16 ‘‘(b) AWARD BASIS.—In determining the amount of 

17 the grant awarded to a State educational agency under 

18 this section for a fiscal year, the Secretary shall consider 

19 the number of children eligible to be counted under section 

20 1124(c) in the State in relation to the number of such 

21 children so counted in all States. 

22 ‘‘(c) INFORMATION DISSEMINATION.—A State edu23 cational agency that is awarded a grant under this section 

24 shall make publicly available information regarding the 

25 availability of Advanced Placement or International Bac26 calaureate examination fee payments under this section, 


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1 and shall disseminate such information to eligible sec2 ondary school students and parents, including through 

3 secondary school teachers and counselors. 

4 ‘‘(d) APPLICATIONS.—Each State educational agency 

5 desiring to receive a grant under this section shall submit 

6 an application to the Secretary at such time, in such man7 ner, and accompanied by such information as the Sec8 retary may require. At a minimum, each State educational 

9 agency application shall— 

10 ‘‘(1) describe the Advanced Placement or Inter11 national Baccalaureate examination fees the State 

12 educational agency will pay on behalf of low-income 

13 students in the State from grant funds awarded 

14 under this section; 

15 ‘‘(2) provide an assurance that any grant funds 

16 awarded under this section shall be used only to pay 

17 for Advanced Placement or International Bacca18 laureate examination fees; and 

19 ‘‘(3) contain such information as the Secretary 

20 may require to demonstrate that the State edu21 cational agency will ensure that a student is eligible 

22 for payments authorized under this section, includ23 ing ensuring that the student is a low-income stu24 dent. 


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1 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

2 such regulations as are necessary to carry out this section. 

3 ‘‘(f) REPORT.— 

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

5 agency awarded a grant under this section shall, 

6 with respect to each Advanced Placement or Inter7 national Baccalaureate course subject, annually re8 port to the Secretary the following data for the pre9 ceding year: 

10 ‘‘(A) The number of students in the State 

11 who are taking an Advanced Placement or 

12 International Baccalaureate course in such sub13 ject. 

14 ‘‘(B) The number of Advanced Placement 

15 or International Baccalaureate examinations 

16 taken by students in the State who have taken 

17 an Advanced Placement or International Bacca18 laureate course in such subject. 

19 ‘‘(C) The number of students in the State 

20 scoring at each level on Advanced Placement or 

21 International Baccalaureate examinations in 

22 such subject, disaggregated by each of the sub23 groups of students described in section 

24 1111(a)(2)(B)(x). 


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1 ‘‘(D) Demographic information regarding 

2 students in the State taking Advanced Place3 ment or International Baccalaureate courses 

4 and Advanced Placement or International Bac5 calaureate examinations in that subject, 

6 disaggregated by race, ethnicity, sex, English 

7 proficiency status, and socioeconomic status. 

8 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

9 shall annually compile the information received from 

10 each State educational agency under paragraph (1) 

11 and report to the authorizing committees regarding 

12 the information. 

13 ‘‘(g) BUREAU OF INDIAN AFFAIRS AS STATE EDU14 CATIONAL AGENCY.—For purposes of this section, the Bu15 reau of Indian Affairs shall be treated as a State edu16 cational agency. 

17 ‘‘SEC. 1224. ADVANCED PLACEMENT AND INTERNATIONAL 

18 BACCALAUREATE INCENTIVE PROGRAM 

19 GRANTS. 

20 ‘‘(a) GRANTS AUTHORIZED.— 

21 ‘‘(1) IN GENERAL.—From amounts made avail22 able to carry out this subpart for a fiscal year, the 

23 Secretary shall award grants, on a competitive basis, 

24 to eligible entities to enable such entities to carry 


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1 out the authorized activities described in subsection 

2 (e). 

3 ‘‘(2) DURATION, RENEWAL, AND PAYMENTS.— 

4 ‘‘(A) DURATION.—The Secretary shall 

5 award a grant under this section for a period 

6 of not more than 3 years. 

7 ‘‘(B) RENEWAL.—The Secretary may 

8 renew a grant awarded under this section for 

9 an additional period of not more than 2 years, 

10 if an eligible entity— 

11 ‘‘(i) is achieving the objectives of the 

12 grant; and 

13 ‘‘(ii) has shown improvement against 

14 baseline data on the performance measures 

15 described in subparagraphs (A) through 

16 (E) of subsection (g)(1). 

17 ‘‘(C) PAYMENTS.—The Secretary shall 

18 make grant payments under this section on an 

19 annual basis. 

20 ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this sec21 tion, the term ‘eligible entity’ means— 

22 ‘‘(1) a State educational agency; 

23 ‘‘(2) a high-need local educational agency; or 

24 ‘‘(3) a partnership consisting of— 


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1 ‘‘(A) a national, regional, or statewide pub2 lic or nonprofit organization with expertise and 

3 experience in providing Advanced Placement or 

4 International Baccalaureate course services; 

5 and 

6 ‘‘(B) a State educational agency or a high7 need local educational agency. 

8 ‘‘(c) APPLICATION.— 

9 ‘‘(1) IN GENERAL.—Each eligible entity desir10 ing a grant under this section shall submit an appli11 cation to the Secretary at such time, in such man12 ner, and accompanied by such information as the 

13 Secretary may require. 

14 ‘‘(2) CONTENTS.—The application shall, at a 

15 minimum, include a description of— 

16 ‘‘(A) the goals and objectives for the 

17 project supported by the grant under this sec18 tion, including— 

19 ‘‘(i) increasing the number of teachers 

20 serving high-need schools who are qualified 

21 to teach Advanced Placement or Inter22 national Baccalaureate courses; 

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1 laureate courses that are offered at high2 need schools; and 

3 ‘‘(iii) increasing the number of stu4 dents attending a high-need school, par5 ticularly low-income students, who succeed 

6 in— 

7 ‘‘(I) Advanced Placement or 

8 International Baccalaureate courses; 

9 and 

10 ‘‘(II) if offered by the school, 

11 pre-Advanced Placement or pre-Inter12 national Baccalaureate courses; 

13 ‘‘(B) how the eligible entity will ensure 

14 that students have access to courses, including 

15 pre-Advanced Placement or pre-International 

16 Baccalaureate courses, that will prepare stu17 dents to enroll and succeed in Advanced Place18 ment or International Baccalaureate courses; 

19 ‘‘(C) how the eligible entity will provide 

20 professional development for teachers that will 

21 further the goals and objectives of the grant 

22 project; 

23 ‘‘(D) how the eligible entity will ensure 

24 that teachers serving high-need schools are 


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1 qualified to teach Advanced Placement or Inter2 national Baccalaureate courses; 

3 ‘‘(E) how the eligible entity will provide for 

4 the involvement of business and community or5 ganizations and other entities, including institu6 tions of higher education, in carrying out the 

7 activities described in subsection (e); 

8 ‘‘(F) how the eligible entity will use funds 

9 received under this section; and 

10 ‘‘(G) how the eligible entity will evaluate 

11 the outcome of the grant project. 

12 ‘‘(d) PRIORITY.—In awarding grants under this sec13 tion, the Secretary shall give priority to applications from 

14 eligible entities that— 

15 ‘‘(1) are part of a statewide or districtwide 

16 strategy, as applicable, for increasing the availability 

17 of Advanced Placement or International Bacca18 laureate courses, and pre-Advanced Placement or 

19 pre-International Baccalaureate courses, in high20 need schools; 

21 ‘‘(2) demonstrate a focus on increasing the 

22 availability of Advanced Placement or International 

23 Baccalaureate courses in core academic subjects; 

24 and 


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1 ‘‘(3) propose to carry out activities that target 

2 high-need schools. 

3 ‘‘(e) AUTHORIZED ACTIVITIES.— 

4 ‘‘(1) IN GENERAL.—Each eligible entity that re5 ceives a grant under this section shall use the grant 

6 funds to carry out activities designed to increase— 

7 ‘‘(A) the number of teachers serving high8 need schools who are qualified to teach Ad9 vanced Placement or International Bacca10 laureate courses; and 

11 ‘‘(B) the number of students attending 

12 high-need schools who succeed in the examina13 tions for such courses, including through reim14 bursing low-income students attending high15 need schools for part or all of the cost of Ad16 vanced Placement or International Bacca17 laureate examination fees. 

18 ‘‘(2) ALLOWABLE ACTIVITIES.—In addition to 

19 the activities described in paragraph (1), an eligible 

20 entity that receives a grant under this section may 

21 use grant funds for— 

22 ‘‘(A) high-quality teacher professional de23 velopment, in order to expand the pool of teach24 ers in the participating State, high-need local 

25 educational agency, or high-need school who are 


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1 qualified to teach Advanced Placement or Inter2 national Baccalaureate courses, including 

3 through innovative models, such as online acad4 emies and training institutes; 

5 ‘‘(B) pre-Advanced Placement or pre-Inter6 national Baccalaureate teacher and counselor 

7 high-quality professional development in sec8 ondary school to prepare students for success in 

9 Advanced Placement or International Bacca10 laureate courses and in institutions of higher 

11 education; 

12 ‘‘(C) coordination and articulation between 

13 grade levels to prepare students to succeed in 

14 Advanced Placement or International Bacca15 laureate courses; 

16 ‘‘(D) purchase of instructional materials 

17 for Advanced Placement or International Bac18 calaureate courses; 

19 ‘‘(E) activities to increase the availability 

20 of, and participation in, online Advanced Place21 ment or International Baccalaureate courses; 

22 ‘‘(F) carrying out the requirements of sub23 section (g); and 

24 ‘‘(G) in the case of an eligible entity de25 scribed in subsection (b)(1), awarding subVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 grants to high-need local educational agencies 

2 to enable the high-need local educational agen3 cies to carry out authorized activities described 

4 in subparagraphs (A) through (F). 

5 ‘‘(f) CONTRACTS.—An eligible entity that is awarded 

6 a grant to provide online Advanced Placement or Inter7 national Baccalaureate courses under this subpart may 

8 enter into a contract with an organization to provide the 

9 online Advanced Placement or International Bacca10 laureate courses, including contracting for necessary sup11 port services. 

12 ‘‘(g) COLLECTING AND REPORTING REQUIRE13 MENTS.— 

14 ‘‘(1) REPORT.—Each eligible entity receiving a 

15 grant under this section shall collect and report to 

16 the Secretary annually such data regarding the re17 sults of the grant as the Secretary may reasonably 

18 require, including— 

19 ‘‘(A) the number of students served by the 

20 eligible entity enrolling in Advanced Placement 

21 or International Baccalaureate courses, and 

22 pre-Advanced Placement or pre-International 

23 Baccalaureate courses, disaggregated by grade 

24 level of the student, and the grades received by 

25 such students in the courses; 


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1 ‘‘(B) the number of students taking an Ad2 vanced Placement or International Bacca3 laureate examination and the distribution of 

4 scores on those examinations, disaggregated by 

5 the grade level of the student at the time of ex6 amination; 

7 ‘‘(C) the number of teachers who are cur8 rently, as of the date of the report, receiving 

9 training to teach Advanced Placement or Inter10 national Baccalaureate courses and will teach 

11 such courses in the next school year; 

12 ‘‘(D) the number of teachers becoming 

13 qualified to teach Advanced Placement or Inter14 national Baccalaureate courses; and 

15 ‘‘(E) the number of qualified teachers who 

16 are teaching Advanced Placement or Inter17 national Baccalaureate courses in high-need 

18 schools served by the eligible entity. 

19 ‘‘(2) REPORTING OF DATA.—Each eligible enti20 ty receiving a grant under this section shall report 

21 the data required under paragraph (1)— 

22 ‘‘(A) disaggregated by subject area; 

23 ‘‘(B) in the case of student data, 

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1 tion is disaggregated under section 

2 1111(a)(2)(B)(x); and 

3 ‘‘(C) in a manner that allows for an as4 sessment of the effectiveness of the grant pro5 gram. 

6 ‘‘(h) EVALUATION.—From the amount appropriated 

7 for this subpart and reserved for evaluation activities in 

8 accordance with section 9601(a), the Secretary, acting 

9 through the Director of the Institute of Education 

10 Sciences, shall, in consultation with the relevant program 

11 office at the Department, evaluate the implementation and 

12 impact of the activities supported under this section, con13 sistent with section 9601, including progress as measured 

14 by the performance measures established under subpara15 graphs (A) through (E) of subsection (g)(1). 

16 ‘‘(i) MATCHING REQUIREMENT.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (3), 

18 each eligible entity that receives a grant under this 

19 section shall provide toward the cost of the activities 

20 assisted under the grant, from non-Federal sources, 

21 an amount equal to 100 percent of the amount of 

22 the grant, except that an eligible entity that is a 

23 high-need local educational agency shall provide an 

24 amount equal to not more than 50 percent of the 

25 amount of the grant. 


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1 ‘‘(2) MATCHING FUNDS.—The eligible entity 

2 may provide the matching funds described in para3 graph (1) in cash or in-kind, fairly evaluated, but 

4 may not provide more than 50 percent of the match5 ing funds in-kind. The eligible entity may provide 

6 the matching funds from State, local, or private 

7 sources. 

8 ‘‘(3) WAIVER.—The Secretary may waive all or 

9 part of the matching requirement described in para10 graph (1) for any fiscal year for an eligible entity 

11 described in paragraph (1) or (2) of subsection (b), 

12 if the Secretary determines that applying the match13 ing requirement to such eligible entity would result 

14 in serious hardship or an inability to carry out the 

15 authorized activities described in subsection (e). 

16 ‘‘SEC. 1225. SUPPLEMENT, NOT SUPPLANT. 

17 ‘‘Grant funds provided under this subpart shall sup18 plement, and not supplant, other non-Federal funds that 

19 are available to assist low-income students to pay for the 

20 cost of Advanced Placement or International Bacca21 laureate examination fees or to expand access to Advanced 

22 Placement or International Baccalaureate courses, and 

23 pre-Advanced Placement or pre-International Bacca24 laureate courses. 


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1 ‘‘SEC. 1226. DEFINITIONS. 

2 ‘‘In this subpart: 

3 ‘‘(1) HIGH-NEED SCHOOL.—The term ‘high4 need school’ means a secondary school— 

5 ‘‘(A) with a demonstrated need for Ad6 vanced Placement or International Bacca7 laureate courses; and 

8 ‘‘(B) that— 

9 ‘‘(i) has a high concentration of low10 income students; or 

11 ‘‘(ii) is designated with a school locale 

12 code of 33, 41, 42, or 43, as determined 

13 by the Secretary. 

14 ‘‘(2) LOW-INCOME STUDENT.—The term ‘low15 income student’ means a student who is eligible for 

16 free or reduced-price lunch under the Richard B. 

17 Russell National School Lunch Act (42 U.S.C. 1751 

18 et seq.).’’. 

19 PART C—EDUCATION OF MIGRATORY CHILDREN 

20 SEC. 1301. PROGRAM PURPOSE. 

21 Section 1301 (20 U.S.C. 6391) is amended to read 

22 as follows: 

23 ‘‘SEC. 1301. PROGRAM PURPOSE. 

24 ‘‘It is the purpose of this part to assist States in pro25 viding high-quality and comprehensive educational pro26 grams (including, as appropriate, instructional and educaVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 tionally related support services), during the regular 

2 school year and summer or intersession periods, that ad3 dress the unique educational needs of migratory children 

4 arising from their migratory lifestyle, in order to help such 

5 children— 

6 ‘‘(1) succeed in school; 

7 ‘‘(2) meet the same State college and career 

8 ready academic content and student academic 

9 achievement standards under section 1111(a)(1) 

10 that all children are expected to meet; 

11 ‘‘(3) graduate high school ready for postsec12 ondary education and careers; and 

13 ‘‘(4) overcome educational disruption, cultural 

14 and language barriers, social isolation, various 

15 health-related problems, and other factors that in16 hibit the ability of such children to succeed in 

17 school.’’. 

18 SEC. 1302. PROGRAM AUTHORIZED. 

19 Section 1302 (20 U.S.C. 6392) is amended— 

20 (1) by striking ‘‘In order to carry out the pur21 pose of this part’’ and inserting ‘‘From the amounts 

22 made available under section 3(d) for a fiscal year 

23 to carry out this part’’; 

24 (2) by striking ‘‘combinations’’ and inserting 

25 ‘‘consortia’’; and 


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1 (3) by striking ‘‘to establish’’ and inserting ‘‘to 

2 enable such agencies or consortia to establish’’. 

3 SEC. 1303. STATE ALLOCATIONS. 

4 Section 1303 (20 U.S.C. 6393) is amended— 

5 (1) by striking subsection (a) and inserting the 

6 following: 

7 ‘‘(a) STATE ALLOCATIONS.—Except as provided in 

8 subsection (b), the amount awarded to each State (other 

9 than the Commonwealth of Puerto Rico) under this part 

10 for each fiscal year shall be an amount equal to the prod11 uct of— 

12 ‘‘(1) the sum of— 

13 ‘‘(A) the average number of identified eligi14 ble migratory children aged 3 through 21, re15 siding in the State, based on data for the pre16 ceding 3 years; and 

17 ‘‘(B) the number of identified eligible mi18 gratory children, aged 3 through 21, who re19 ceived services under this part in summer or 

20 intersession programs provided by the State 

21 during the previous year; multiplied by 

22 ‘‘(2) 40 percent of the average per-pupil ex23 penditure in the State, except that the amount cal24 culated under this paragraph shall not be less than 


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1 32 percent, or more than 48 percent, of the average 

2 per-pupil expenditure in the United States.’’; 

3 (2) by redesignating subsections (b) through (e) 

4 as subsections (c) through (f), respectively; 

5 (3) by inserting after subsection (a) the fol6 lowing: 

7 ‘‘(b) HOLD HARMLESS.—Notwithstanding subsection 

8 (a), for each of fiscal years 2011 through 2013, no State 

9 receiving an allocation under this section shall receive less 

10 than 90 percent of the State’s allocation under this section 

11 for the previous year.’’; 

12 (4) in subsection (c), as redesignated by para13 graph (2)— 

14 (A) by striking paragraphs (2) and (3); 

15 (B) by striking ‘‘PUERTO RICO.—’’ and all 

16 that follows through ‘‘For each’’ and inserting 

17 the following: ‘‘PUERTO RICO.—For each’’; 

18 (C) by redesignating subparagraphs (A) 

19 and (B) as paragraphs (1) and (2), respectively, 

20 and by aligning such paragraphs with the mar21 gins of paragraph (1) of subsection (e), as re22 designated by paragraph (2); 

23 (D) in the matter preceding paragraph (1), 

24 as redesignated by subparagraph (C)— 


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1 (i) by striking ‘‘which’’ and inserting 

2 ‘‘that’’; and 

3 (ii) by striking ‘‘subsection (a)(1)(A)’’ 

4 and inserting ‘‘subsection (g)’’; and 

5 (E) in paragraph (1), as redesignated by 

6 subparagraph (C)— 

7 (i) by striking ‘‘which’’ and inserting 

8 ‘‘that’’; and 

9 (ii) by inserting ‘‘, except that the 

10 percentage calculated under this paragraph 

11 shall not be less than 85 percent’’ before 

12 the semicolon at the end; and 

13 (5) in subsection (d), as redesignated by para14 graph (2)— 

15 (A) in paragraph (1)— 

16 (i) by striking ‘‘IN GENERAL.—(A) 

17 If,’’ and all that follows through ‘‘this 

18 part’’ and inserting the following: ‘‘IN

19 GENERAL.— 

20 ‘‘(A) RATABLE REDUCTIONS.—If the 

21 amount available for allocations to States under 

22 this part’’; and 

23 (ii) in subparagraph (B), by striking 

24 ‘‘If additional’’ and inserting ‘‘REALLOCA25 TION.—If additional’’; 


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1 (B) in paragraph (2)— 

2 (i) by striking ‘‘SPECIAL RULE.—(A) 

3 The’’ and inserting the following: ‘‘SPE4 CIAL RULE.— 

5 ‘‘(A) FURTHER REDUCTIONS.—The’’; 

6 (ii) in subparagraph (A), by striking 

7 ‘‘required under section 1304’’ and insert8 ing ‘‘needed to carry out the approved ac9 tivities in the application under section 

10 1304’’; 

11 (iii) in subparagraph (B), by striking 

12 ‘‘The Secretary shall’’ and inserting ‘‘RE13 ALLOCATION.—The Secretary shall’’; and 

14 (iv) by adding at the end the fol15 lowing: 

16 ‘‘(C) ADDITIONAL REQUIREMENTS.—The 

17 Secretary— 

18 ‘‘(i) shall— 

19 ‘‘(I) develop and implement a 

20 procedure for monitoring the accuracy 

21 of the information described in sub22 paragraph (A); and 

23 ‘‘(II) issue, through regulations 

24 or guidance, criteria for a system of 

25 State quality control for the accuracy 


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1 of State counts of eligible migratory 

2 children; and 

3 ‘‘(ii) may not reduce the amount of a 

4 State allocation under this paragraph on 

5 the basis of unintentional errors in such 

6 counts for States implementing a system of 

7 State quality control that meets the cri8 teria described in clause (i)(II), if the dis9 crepancy between the initial State count 

10 and any subsequent revisions is minimal.’’; 

11 (6) in subsection (f), as redesignated by para12 graph (2)— 

13 (A) in the matter preceding paragraph (1), 

14 by inserting ‘‘best serve migratory children 

15 under this part and’’ after ‘‘In order to’’; 

16 (B) in paragraph (1), by striking ‘‘such in17 formation as the Secretary finds’’ and inserting 

18 ‘‘the most recent information that’’; 

19 (C) by redesignating paragraphs (2) 

20 through (4) as paragraphs (3) through (5), re21 spectively; 

22 (D) by inserting after paragraph (1) the 

23 following: 

24 ‘‘(2) develop and implement a procedure for 

25 monitoring the accuracy of such information, if such 


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1 a procedure does not create barriers to the families 

2 of migratory children who are eligible for services 

3 under this part;’’; 

4 (E) in paragraph (3), as redesignated by 

5 subparagraph (C), by striking ‘‘develop and im6 plement a procedure for more accurately reflect7 ing’’ and inserting ‘‘update such procedure, and 

8 implement the updated procedure, to more ac9 curately reflect the’’; 

10 (F) in paragraph (4)(A), as redesignated 

11 by subparagraph (C), by inserting ‘‘of high12 quality, sustained, and intensive education serv13 ices’’ after ‘‘special programs’’; and 

14 (G) in paragraph (5), as redesignated by 

15 subparagraph (C), by striking ‘‘the child whose 

16 education has been interrupted’’ and inserting 

17 ‘‘migratory children’’; and 

18 (7) by adding at the end the following: 

19 ‘‘(g) NONPARTICIPATING STATES.—In the case of a 

20 State desiring to receive an allocation under this part for 

21 a fiscal year that did not receive an allocation for the pre22 vious fiscal year or that has been participating for less 

23 than 3 consecutive years, the Secretary shall calculate the 

24 State’s number of identified migratory children aged 3 

25 through 21 for purposes of subsection (a)(1)(A) by using 


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1 the most recent data available that identifies the migra2 tory children residing in the State until data is available 

3 to calculate the 3-year average number of such children 

4 in accordance with such subsection.’’. 

5 SEC. 1304. STATE APPLICATIONS; SERVICES. 

6 Section 1304 (20 U.S.C. 6394) is amended— 

7 (1) in subsection (b)— 

8 (A) in paragraph (1)— 

9 (i) in the matter preceding subpara10 graph (A)— 

11 (I) by striking ‘‘special’’ and in12 serting ‘‘unique’’; and 

13 (II) by inserting ‘‘and out of 

14 school migratory children’’ after ‘‘pre15 school migratory children’’; and 

16 (ii) in subparagraph (B)— 

17 (I) by striking ‘‘migrant’’ and in18 serting ‘‘migratory’’; and 

19 (II) by striking ‘‘part A or B of 

20 title III’’ and inserting ‘‘part A of 

21 title III’’; 

22 (B) in paragraph (2)— 

23 (i) by striking ‘‘migratory students’’ 

24 and inserting ‘‘migratory children’’; and 


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1 (ii) by striking ‘‘same challenging’’ 

2 and all that follows through ‘‘standards 

3 that’’ and inserting ‘‘same State college 

4 and career ready academic content and 

5 student academic achievement standards 

6 adopted under section 1111(a)(1) that’’; 

7 (C) by striking paragraph (6); 

8 (D) by redesignating paragraphs (3) 

9 through (5) as paragraphs (4) through (6), re10 spectively; 

11 (E) by inserting after paragraph (2) the 

12 following: 

13 ‘‘(3) a description of how the State will meet 

14 the requirements of section 1308(b) for the timely 

15 electronic transfer of student records and how the 

16 State will use such records transfer to meet the 

17 unique educational needs of migratory students and 

18 remove barriers to the proper enrollment and reten19 tion of migratory children in schools;’’; 

20 (F) in paragraph (4), as redesignated by 

21 subparagraph (D)— 

22 (i) by striking ‘‘require, the State’’ 

23 and inserting ‘‘require and using the link24 age system described in section 1308(b), 


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1 the State and each of its local operating 

2 agencies’’; 

3 (ii) by striking ‘‘another’’ and insert4 ing ‘‘another or from 1 school district to 

5 another’’; and 

6 (iii) by striking ‘‘such move’’ and in7 serting ‘‘such a move’’; 

8 (G) in paragraph (7)— 

9 (i) by striking ‘‘family literacy serv10 ices’’ and inserting ‘‘family literacy activi11 ties’’; 

12 (ii) by striking ‘‘program or project 

13 serves’’ and inserting ‘‘programs and 

14 projects serve’’; 

15 (iii) by striking ‘‘who have parents 

16 who’’ and inserting ‘‘whose parents’’; and 

17 (iv) by striking the period at the end 

18 and inserting ‘‘; and’’; and 

19 (H) by adding at the end the following: 

20 ‘‘(8) such budgetary and other information as 

21 the Secretary may require.’’; 

22 (2) in subsection (c)— 

23 (A) in paragraph (2), by striking ‘‘part I’’ 

24 and inserting ‘‘part F’’; 


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1 (B) by striking paragraph (3) and insert2 ing the following: 

3 ‘‘(3) in the planning and operation of programs 

4 and projects at both the State and local agency op5 erating levels, there is consultation with parent advi6 sory councils for programs of not less than 1 school 

7 year in duration, and that all such programs and 

8 projects are— 

9 ‘‘(A) conducted in a manner that provides 

10 for the same parental involvement as is re11 quired for programs and projects under section 

12 1118, including, to the extent practicable, de13 scriptions required for parental involvement 

14 under section 1118(a)(3)(A), unless extraor15 dinary circumstances make such provision im16 practical; and 

17 ‘‘(B) are developed in a format and lan18 guage understandable to the parents;’’; 

19 (C) in paragraph (4), by inserting ‘‘and 

20 migratory children who are not attending 

21 school’’ before the semicolon at the end; 

22 (D) in paragraph (6), by striking subpara23 graph (C) and inserting the following: 

24 ‘‘(C) family literacy programs that are de25 termined to be high quality;’’; and 


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1 (E) by striking paragraph (7) and insert2 ing the following: 

3 ‘‘(7) the State has procedures in place to verify 

4 the accuracy and completeness of any data regarding 

5 the counting of migratory children that is submitted 

6 to the Secretary under this part.’’; and 

7 (3) in subsection (d)— 

8 (A) by striking ‘‘who are failing’’ and all 

9 that follows through the period and inserting 

10 the following: ‘‘who have made a move within 

11 the previous 1-year period and who— 

12 ‘‘(1) are failing, or most at risk of failing, to 

13 meet the State college and career ready academic 

14 content standards and student academic achieve15 ment standards adopted under section 1111(a)(1); 

16 or 

17 ‘‘(2) have dropped out of school.’’; and 

18 (B) in subsection (e)— 

19 (i) in paragraph (2), by striking ‘‘1’’ 

20 and inserting ‘‘one’’; and 

21 (ii) in paragraph (3), by striking ‘‘sec22 ondary school students’’ and inserting 

23 ‘‘students’’. 


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1 SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW. 

2 Section 1305(b) (20 U.S.C. 6395(b)) is amended by 

3 striking ‘‘may’’ and inserting ‘‘shall, to the extent prac4 ticable,’’. 

5 SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND 

6 SERVICE-DELIVERY PLAN; AUTHORIZED AC7 TIVITIES. 

8 Section 1306 (20 U.S.C. 6396) is amended— 

9 (1) in subsection (a)(1)— 

10 (A) in the matter preceding subparagraph 

11 (A)— 

12 (i) by striking ‘‘special’’ and inserting 

13 ‘‘unique’’; and 

14 (ii) by inserting ‘‘, consistent with the 

15 purposes of this part,’’ after ‘‘migratory 

16 children’’; 

17 (B) by striking subparagraph (B); 

18 (C) by redesignating subparagraphs (C) 

19 through (G) as subparagraphs (E) through (I), 

20 respectively; 

21 (D) by inserting after subparagraph (A) 

22 the following: 

23 ‘‘(B) addresses the unique educational 

24 needs of migratory children; 

25 ‘‘(C) is developed in collaboration with par26 ents of migratory children; 


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1 ‘‘(D) is not used to supplant State efforts 

2 regarding, or administrative funding for, this 

3 part;’’; 

4 (E) in subparagraph (E), as redesignated 

5 by subparagraph (C), by striking ‘‘same chal6 lenging’’ and all that follows through ‘‘stand7 ards that’’ and inserting ‘‘same State college 

8 and career ready academic content and student 

9 academic achievement standards adopted under 

10 section 1111(a)(1) that’’; and 

11 (F) in subparagraph (H), as redesignated 

12 by subparagraph (C)— 

13 (i) by striking ‘‘early childhood pro14 grams,’’ and inserting ‘‘early childhood 

15 education programs,’’; and 

16 (ii) by striking ‘‘part A or B of title 

17 III’’ and inserting ‘‘part A of title III’’; 

18 (2) in subsection (b)— 

19 (A) in paragraph (1), by striking ‘‘local 

20 educational’’ and inserting ‘‘local operating’’; 

21 (B) by striking paragraph (2) and insert22 ing the following: 

23 ‘‘(2) UNMET NEEDS.—Funds provided under 

24 this part shall be used to meet the needs of migra25 tory children that are not met by services available 


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1 from other Federal or non-Federal programs, except 

2 that migratory children who are eligible to receive 

3 services under part A may receive those services 

4 through funds provided under that part or through 

5 funds under this part that remain after the agency 

6 meets the needs described in paragraph (1).’’; and 

7 (C) in paragraph (4), by striking ‘‘special 

8 educational’’ and inserting ‘‘unique edu9 cational’’. 

10 SEC. 1307. BYPASS. 

11 Section 1307 (20 U.S.C. 6397) is amended, in the 

12 matter preceding paragraph (1), by striking ‘‘make ar13 rangements with’’ and inserting ‘‘award grants to, or 

14 enter into contracts with,’’. 

15 SEC. 1308. NATIONAL ACTIVITIES. 

16 Section 1308 (20 U.S.C. 6398) is amended— 

17 (1) by striking the section heading and insert18 ing ‘‘NATIONAL ACTIVITIES.’’; 

19 (2) in subsection (a)— 

20 (A) in paragraph (1)— 

21 (i) by striking ‘‘nonprofit entities to 

22 improve’’ and inserting the following: ‘‘en23 tities to— 

24 ‘‘(A) improve’’; 


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1 (ii) by inserting ‘‘through’’ before 

2 ‘‘the establishment’’; 

3 (iii) by striking the period at the end 

4 and inserting ‘‘; and’’; and 

5 (iv) by adding at the end the fol6 lowing: 

7 ‘‘(B) improve the coordination between 

8 State educational agencies, local operating 

9 agencies, and their counterparts in other na10 tions in educating migratory children who move 

11 between the United States and such nations.’’; 

12 and 

13 (B) in paragraph (2), by inserting ‘‘or con14 tracts’’ after ‘‘Grants’’; 

15 (3) in subsection (b)— 

16 (A) by striking paragraph (1) and insert17 ing the following: 

18 ‘‘(1) ASSISTANCE.—In order to determine the 

19 number of migratory children in each State, the Sec20 retary shall assist each State in maintaining an ef21 fective system for the electronic transfer of student 

22 records.’’; 

23 (B) in paragraph (2)— 

24 (i) in subparagraph (A)— 


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1 (I) in the matter preceding clause 

2 (i), by striking ‘‘The Secretary, in 

3 consultation’’ and all that follows 

4 through ‘‘may include—’’ and insert5 ing the following: ‘‘The Secretary, in 

6 consultation with the States, shall 

7 continue to ensure the linkage of mi8 gratory child record systems for the 

9 purpose of electronically exchanging, 

10 within and among the States, health 

11 and educational information regarding 

12 all migratory children eligible under 

13 this part. The Secretary shall ensure 

14 such linkage occurs in a cost-effective 

15 manner, utilizing systems used by the 

16 State prior to, or developed after, the 

17 date of enactment of the Strength18 ening America’s Schools Act of 2013. 

19 The Secretary shall determine the 

20 minimum data elements that each 

21 State receiving funds under this part 

22 shall collect, maintain, and exchange, 

23 and the requirements of the linkage 

24 system that States shall meet for the 

25 timely submission of access to such 


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1 information. Such minimum data ele2 ments may include—’’; and 

3 (II) in clause (ii), by striking 

4 ‘‘section 1111(b)’’ and inserting ‘‘sec5 tion 1111(a)(2)’’; and 

6 (ii) by striking subparagraph (B) and 

7 inserting the following: 

8 ‘‘(B) CONSULTATION.—The Secretary 

9 shall maintain ongoing consultation with the 

10 States, local educational agencies, and other mi11 gratory student service providers on— 

12 ‘‘(i) the effectiveness of the system of 

13 electronic records transfer described in 

14 subparagraph (A); and 

15 ‘‘(ii) the ongoing improvement of such 

16 system.’’; and 

17 (C) in paragraph (4)— 

18 (i) in subparagraph (A)— 

19 (I) by striking ‘‘2003’’ and in20 serting ‘‘2012, and every 2 years 

21 thereafter,’’; and 

22 (II) by striking ‘‘the Committee 

23 on Health, Education, Labor, and 

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1 force of the House of Representa2 tives’’ and inserting ‘‘the authorizing 

3 committees’’; and 

4 (ii) in subparagraph (B)— 

5 (I) in clause (ii), by striking ‘‘the 

6 development and linkage of’’ and in7 serting ‘‘maintaining’’; and 

8 (II) in clause (iii), by striking 

9 ‘‘measures that may be taken to en10 sure’’ and inserting ‘‘improving’’; 

11 (4) by redesignating subsection (c) as sub12 section (f), and transferring such subsection so as to 

13 follow subsection (e); 

14 (5) by inserting after subsection (b) the fol15 lowing: 

16 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary may 

17 provide technical assistance designed to support State ef18 forts to meet the needs of migratory children, which may 

19 include supporting the attendance of State and local oper20 ating agency staff, and other appropriate individuals, at 

21 special meetings convened by the Secretary in order to 

22 carry out activities consistent with this section.’’; 

23 (6) in subsection (d)— 

24 (A) by striking ‘‘, pursuant to criteria that 

25 the Secretary shall establish,’’; and 


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1 (B) by striking ‘‘whose education is inter2 rupted’’ and inserting ‘‘described in section 

3 1304(d)’’; and 

4 (7) by striking subsection (e) and inserting the 

5 following: 

6 ‘‘(e) IMPROVEMENTS AND COORDINATION.—From 

7 any funds made available under this section and remaining 

8 after carrying out the requirements under subsections (b) 

9 and (d), the Secretary, in consultation with the States, 

10 may make grants to, or enter into contracts with, State 

11 educational agencies, local educational agencies, institu12 tions of higher education, and other public and private 

13 nonprofit entities to improve the interstate and intrastate 

14 coordination among such agencies’ and entities’ programs 

15 available to migratory students consistent with this sec16 tion, including the establishment or improvement of pro17 grams for academic credit accrual and exchange.’’. 

18 SEC. 1309. PERFORMANCE DATA; EVALUATIONS AND 

19 STUDY; STATE ASSISTANCE. 

20 Part C of title I (20 U.S.C. 6391 et seq.) is further 

21 amended— 

22 (1) by redesignating section 1309 as section 

23 1312; and 

24 (2) by inserting after section 1308 the fol25 lowing: 


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1 ‘‘SEC. 1309. PERFORMANCE DATA. 

2 ‘‘Consistent with section 1111(d)(3)(B), and in a 

3 manner prescribed by the Secretary, each State that re4 ceives a grant under this part shall annually submit to 

5 the Secretary, and make public, data on— 

6 ‘‘(1) the academic achievement of migratory 

7 students, as measured by the State assessments re8 quired under section 1111(a)(2); 

9 ‘‘(2) such students’ high school graduation 

10 rates and rates of enrollment and persistence in, and 

11 completion of a program of study at, institutions of 

12 higher education; and 

13 ‘‘(3) the results of such other performance 

14 measures and targets as the Secretary may pre15 scribe. 

16 ‘‘SEC. 1310. EVALUATION AND STUDY. 

17 ‘‘(a) PROGRAM EVALUATION.—From the amount re18 served for evaluation activities in accordance with section 

19 9601(a), the Secretary, acting through the Director of the 

20 Institute of Education Sciences, shall, in consultation with 

21 the relevant program office at the Department, evaluate 

22 the implementation and impact of the activities supported 

23 under this part, consistent with section 9601. 

24 ‘‘(b) STUDY.—The Secretary shall conduct a pilot 

25 study, funded as part of the 2012 National Assessment 

26 of Educational Progress, on the feasibility of using the 


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1 National Assessment of Educational Progress for assess2 ing and reporting on the academic achievement of migra3 tory children in grades 4 and 8 in reading and mathe4 matics. 

5 ‘‘SEC. 1311. STATE ASSISTANCE IN DETERMINING NUMBER 

6 OF MIGRATORY CHILDREN. 

7 ‘‘Each State that desires to receive assistance under 

8 this part shall assist the Secretary in determining the 

9 number of migratory children in such State under para10 graphs (1) and (2) of subsection (a), and subsection (g), 

11 of section 1303 through such procedures as the Secretary 

12 may require, except that the Secretary shall not require 

13 additional information that is not directly related to deter14 mining the migratory status of the child or the administra15 tion of this part.’’. 

16 SEC. 1310. DEFINITIONS. 

17 Section 1312 (20 U.S.C. 6399), as redesignated by 

18 section 1309(1), is amended— 

19 (1) by redesignating paragraphs (1) and (2) as 

20 paragraphs (3) and (5), respectively; 

21 (2) by inserting before paragraph (3), as redes22 ignated by paragraph (1), the following: 

23 ‘‘(1) FOOD PROCESSOR.—The term ‘food proc24 essor’ means a position working with a raw agricul25 tural, dairy, or fishing product and transforming the 


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1 product into a more refined product up to the point 

2 of an initial commercial sale. 

3 ‘‘(2) INITIAL COMMERCIAL SALE.—The term 

4 ‘initial commercial sale’ means the first point of sale 

5 of an agricultural, dairy, or fishing product— 

6 ‘‘(A) for refining to the next-stage proc7 essor; 

8 ‘‘(B) to the wholesaler; 

9 ‘‘(C) to the retailer; or 

10 ‘‘(D) directly to the consumer.’’; 

11 (3) by inserting after paragraph (3), as redesig12 nated by paragraph (1), the following: 

13 ‘‘(4) MIGRATORY AGRICULTURAL WORKER.— 

14 The term ‘migratory agricultural worker’ means an 

15 individual who— 

16 ‘‘(A) made a qualifying move in the pre17 ceding 36-month period; and 

18 ‘‘(B) after making such move, sought or 

19 engaged in employment in agricultural work, 

20 which may be dairy work or the initial proc21 essing of raw agricultural products.’’; and 

22 (4) by striking paragraph (5), as redesignated 

23 by paragraph (1), and inserting the following: 

24 ‘‘(5) MIGRATORY CHILD.—The term ‘migratory 

25 child’ means a child who— 


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1 ‘‘(A) is, or whose parent or spouse is, a 

2 migratory agricultural worker or migratory fish3 er who is currently engaged in, or seeking to 

4 obtain, temporary or seasonal employment, usu5 ally for not longer than 15 months, in agricul6 tural or fishing work until the point of the ini7 tial commercial sale (including employment as a 

8 migratory dairy worker, a food processor, or a 

9 migratory fisher); and 

10 ‘‘(B) in the preceding 36 months— 

11 ‘‘(i) has moved from 1 school district 

12 to another; 

13 ‘‘(ii) in a State that is comprised of a 

14 single school district, has moved from 1 

15 administrative area to another within such 

16 district; or 

17 ‘‘(iii) resides in a school district of 

18 more than 15,000 square miles, and mi19 grates a distance of 20 miles or more to a 

20 temporary residence to engage in, or to ac21 company a parent or spouse engaging in, a 

22 fishing activity. 

23 ‘‘(6) MIGRATORY FISHER.—The term ‘migra24 tory fisher’ means an individual who made a quali25 fying move in the preceding 36 months and, after 


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1 doing so, sought or engaged in employment in fish2 ing work. 

3 ‘‘(7) QUALIFYING MOVE.—The term ‘qualifying 

4 move’— 

5 ‘‘(A) means— 

6 ‘‘(i) a move from 1 school district to 

7 another, or from 1 administrative area to 

8 another within a State that is comprised of 

9 a single school district; and 

10 ‘‘(ii) in the case of a migratory fisher 

11 who resides in a school district of more 

12 than 15,000 square miles, includes migrat13 ing a distance of 20 miles or more to a 

14 temporary residence; and 

15 ‘‘(B) with respect to a qualifying move for 

16 a parent or spouse of a migratory child, means 

17 a move described in subparagraph (A) that is 

18 separated by not more than 1 year from the 

19 move or migration described in paragraph 

20 (5)(B) of the migratory child.’’. 

21 PART D—PREVENTION AND INTERVENTION PRO22 GRAMS FOR CHILDREN AND YOUTH WHO 

23 ARE NEGLECTED, DELINQUENT, OR AT-RISK 

24 SEC. 1401. PURPOSE AND PROGRAM AUTHORIZATION. 

25 Section 1401 (20 U.S.C. 6421) is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (1), by striking ‘‘chal3 lenging State academic content standards and 

4 challenging State student academic achievement 

5 standards’’ and inserting ‘‘college and career 

6 ready academic content standards and student 

7 academic achievement standards under section 

8 1111(a)(1)’’; and 

9 (B) in paragraph (3), by striking ‘‘to pre10 vent at-risk youth from dropping out of school, 

11 and’’; and 

12 (2) in subsection (b), by striking ‘‘1002(d)’’ and 

13 inserting ‘‘3(e)’’. 

14 SEC. 1402. ALLOCATION OF FUNDS. 

15 (a) Section 1402 (20 U.S.C. 6422) is amended by 

16 inserting after subsection (b) the following: 

17 ‘‘(c) RESERVATION FOR THE SECRETARY OF THE IN18 TERIOR.—From the amount appropriated for this part in 

19 any fiscal year, the Secretary shall reserve 0.5 percent to 

20 provide assistance to the Secretary of the Interior to pro21 vide educational services for at-risk Indian children, in22 cluding Indian youth in correctional facilities operated by 

23 the Secretary of the Interior or by an Indian tribe.’’. 

24 (b) Section 1412(b) (20 U.S.C. 6432(b)) is amended 

25 by striking paragraph (2) and inserting the following: 


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1 ‘‘(2) MINIMUM PERCENTAGE.—The percentage 

2 in paragraph (1)(A) shall not be less than 85 per3 cent.’’. 

4 SEC. 1403. STATE PLAN AND STATE AGENCY APPLICATIONS. 

5 Section 1414 (20 U.S.C. 6434) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1)(B)— 

8 (i) by striking ‘‘from’’ and inserting 

9 ‘‘between’’; and 

10 (ii) by striking ‘‘to’’ and inserting 

11 ‘‘and’’; 

12 (B) in paragraph (2)— 

13 (i) in subparagraph (A), by striking 

14 ‘‘academic, vocational, and technical skills’’ 

15 and inserting ‘‘college and career readiness 

16 (as determined based on the State college 

17 and career ready academic content and 

18 student academic achievement standards 

19 under section 1111(a)(1))’’; and 

20 (ii) in subparagraph (B), by striking 

21 ‘‘and’’ after the semicolon; 

22 (C) in subparagraph (C)(iv), by striking 

23 the period at the end and inserting ‘‘; and’’; 

24 and 

25 (D) by adding at the end the following: 


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1 ‘‘(D) provide assurances that the State 

2 educational agency has established— 

3 ‘‘(i) procedures to ensure that each 

4 student who has been placed in the juve5 nile justice system is promptly re-enrolled 

6 in secondary school or placed in a re-entry 

7 program that best meets the educational 

8 and social needs of the student; 

9 ‘‘(ii) procedures for facilitating the 

10 transfer of credits that such students 

11 earned during placement; and 

12 ‘‘(iii) opportunities for such students 

13 to participate in higher education or career 

14 pathways.’’; and 

15 (2) in subsection (c)— 

16 (A) in paragraph (1)— 

17 (i) by inserting ‘‘and respond to’’ 

18 after ‘‘assess’’; and 

19 (ii) by inserting ‘‘, including an as20 sessment upon entry into a correctional fa21 cility’’ before the semicolon at the end; 

22 (B) in paragraph (8), by striking ‘‘voca23 tional’’ and inserting ‘‘career’’; 

24 (C) in paragraph (9)— 


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1 (i) by striking ‘‘encourage’’ and insert 

2 ‘‘require, to the extent practicable,’’; 

3 (ii) by inserting ‘‘and after’’ after 

4 ‘‘prior to’’; and 

5 (iii) by inserting ‘‘and that transition 

6 plans are in place’’ before the semicolon at 

7 the end; 

8 (D) in paragraph (11)— 

9 (i) by inserting ‘‘such’’ after ‘‘transi10 tion of’’; 

11 (ii) by striking ‘‘from’’ and inserting 

12 ‘‘between’’; and 

13 (iii) by striking ‘‘institution to locally 

14 operated’’ and inserting ‘‘institution and 

15 locally operated education’’; 

16 (E) in paragraph (16)— 

17 (i) by inserting ‘‘and obtain a sec18 ondary school diploma’’ after ‘‘reenter 

19 school’’; and 

20 (ii) by inserting ‘‘that leads to eco21 nomic self-sufficiency’’ after ‘‘employ22 ment’’; and 

23 (F) in paragraph (17), by inserting ‘‘cer24 tified or licensed’’ before ‘‘teachers’’. 


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1 SEC. 1404. USE OF FUNDS. 

2 Section 1415(a) (20 U.S.C. 6435(a)) is amended— 

3 (1) in paragraph (1)(B), by striking ‘‘voca4 tional’’ and inserting ‘‘career’’; and 

5 (2) in paragraph (2)— 

6 (A) in subparagraph (B)— 

7 (i) in clause (i), by striking ‘‘chal8 lenging academic content standards and 

9 student academic achievement standards’’ 

10 and inserting ‘‘college and career ready 

11 academic content standards and student 

12 academic achievement standards under sec13 tion 1111(a)(1)’’; and 

14 (ii) in clause (iii), by striking ‘‘chal15 lenging’’ and inserting ‘‘such’’; 

16 (B) in subparagraph (C)— 

17 (i) by striking ‘‘part I’’ and inserting 

18 ‘‘part F’’; and 

19 (ii) by striking ‘‘and’’ after the semi20 colon; 

21 (C) in subparagraph (D), by striking the 

22 period at the end and inserting ‘‘; and’’; and 

23 (D) by adding at the end the following: 

24 ‘‘(E) may include the costs of testing for 

25 such children and youth for a recognized equiv26 alent of a secondary school diploma.’’. 


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1 SEC. 1405. INSTITUTION-WIDE PROJECTS. 

2 Section 1416 (20 U.S.C. 6436) is amended— 

3 (1) in paragraph (3), by striking ‘‘challenging 

4 State academic content standards and student aca5 demic achievement standards’’ and inserting ‘‘college 

6 and career ready academic content standards and 

7 student academic achievement standards under sec8 tion 1111(a)(1)’’; 

9 (2) in paragraph (4)— 

10 (A) by striking ‘‘pupil services’’ and insert11 ing ‘‘specialized instructional support services’’; 

12 and 

13 (B) by inserting ‘‘and the development and 

14 implementation of transition plans’’ before the 

15 semicolon; and 

16 (3) in paragraph (6), by inserting ‘‘and im17 prove’’ after ‘‘assess’’. 

18 SEC. 1406. TRANSITION SERVICES. 

19 Section 1418(a) (20 U.S.C. 6438(a)) is amended— 

20 (1) by striking paragraph (1) and inserting the 

21 following: 

22 ‘‘(1) projects that facilitate the transition of 

23 children and youth between State-operated institu24 tions, or institutions in the State operated by the 

25 Secretary of the Interior or Indian tribes, and 

26 schools served by local educational agencies or 


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1 schools funded by the Bureau of Indian Education; 

2 or’’; and 

3 (2) in paragraph (2), by striking ‘‘vocational’’ 

4 each place the term appears and inserting ‘‘career’’. 

5 SEC. 1407. PROGRAM EVALUATION. 

6 Section 1419 is amended to read as follows: 

7 ‘‘SEC. 1419. PROGRAM EVALUATION. 

8 ‘‘From the amount reserved for evaluation activities 

9 in accordance with section 9601(a), the Secretary, acting 

10 through the Director of the Institute for Education 

11 Sciences, shall, in consultation with the relevant program 

12 office of the Department, evaluate the implementation and 

13 impact of the activities supported under this part, con14 sistent with section 9601.’’. 

15 SEC. 1408. PURPOSE OF LOCAL AGENCY PROGRAMS. 

16 Section 1421 (20 U.S.C. 6451) is amended— 

17 (1) in the matter preceding paragraph (1), by 

18 inserting ‘‘, including correctional facilities in the 

19 State operated by the Secretary of the Interior and 

20 Indian tribes’’ after ‘‘facilities’’; 

21 (2) in paragraph (1), by striking ‘‘, training, 

22 employment, or further education’’ and inserting 

23 ‘‘and college and career readiness (as determined 

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1 demic content and student academic achievement 

2 standards under section 1111(a)(1))’’; and 

3 (3) in paragraph (3), by inserting ‘‘, including 

4 schools funded by the Bureau of Indian Education,’’ 

5 after ‘‘schools’’. 

6 SEC. 1409. PROGRAMS OPERATED BY LOCAL EDUCATIONAL 

7 AGENCIES. 

8 Section 1422 (20 U.S.C. 6452) is amended— 

9 (1) in subsection (a), by inserting ‘‘, and includ10 ing facilities in the State operated by the Secretary 

11 of the Interior and Indian tribes.’’ after ‘‘day pro12 grams)’’; 

13 (2) in subsection (d)— 

14 (A) by striking ‘‘meet the transitional’’ and 

15 inserting ‘‘meet the transitional needs (includ16 ing the social and emotional needs)’’; 

17 (B) by striking ‘‘meeting the transitional’’ 

18 and inserting ‘‘meeting such transitional’’; and 

19 (C) by inserting ‘‘, schools funded by the 

20 Bureau of Indian Education,’’ after ‘‘returning 

21 to local educational agencies’’. 

22 SEC. 1410. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 

23 Section 1423 (20 U.S.C. 6453) is amended— 

24 (1) in paragraph (2)— 


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1 (A) in subparagraph (A), by inserting ‘‘or, 

2 as appropriate, an Indian tribe in the State’’ 

3 after ‘‘agency’’; 

4 (B) in subparagraph (B), by inserting ‘‘, 

5 including such facilities operated by the Sec6 retary of the Interior and Indian tribes’’ after 

7 ‘‘system’’; 

8 (2) by redesignating paragraphs (4) through 

9 (13) as paragraphs (5) through (14), respectively; 

10 (3) by inserting after paragraph (3) the fol11 lowing: 

12 ‘‘(4) a description of the process of consultation 

13 and coordination with Indian tribes in the State re14 garding services provided under the program to chil15 dren and youth who are Indian;’’; 

16 (4) in paragraph (7), as redesignated by para17 graph (2), by striking ‘‘, at-risk children or youth, 

18 and other participating children or youth,’’ and in19 serting ‘‘and at-risk children or youth,’’; 

20 (5) in paragraph (9), as redesignated by para21 graph (2), by inserting ‘‘and family members’’ after 

22 ‘‘parents’’; 

23 (6) in paragraph (10), as redesignated by para24 graph (2), by striking ‘‘vocational’’ and inserting 

25 ‘‘career’’; 


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1 (7) in paragraph (13), as redesignated by para2 graph (2), by striking and after the semicolon; 

3 (8) in paragraph (14), as redesignated by para4 graph (2), by striking the period at the end and in5 serting ‘‘; and’’; and 

6 (9) by inserting after paragraph (14), as redes7 ignated by (2), the following: 

8 ‘‘(15) a description of the demographics of the 

9 children and youth served and an assurance that the 

10 activities under this subpart meet the cultural, lan11 guage, and academic needs of such children and 

12 youth.’’. 

13 SEC. 1411. USES OF FUNDS. 

14 Section 1424 (20 U.S.C. 6454) is amended— 

15 (1) in paragraph (2), by striking ‘‘, including’’ 

16 and all that follows through ‘‘gang members’’; 

17 (2) in paragraph (4)— 

18 (A) by striking ‘‘vocational and technical 

19 education’’ and inserting ‘‘career and technical 

20 education, costs associated with testing for a 

21 recognized equivalent of a secondary school di22 ploma’’; and 

23 (B) by striking ‘‘and’’ after the semicolon; 

24 (3) in paragraph (5), by striking the period at 

25 the end and inserting ‘‘; and’’; and 


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1 (4) by adding at the end the following: 

2 ‘‘(6) programs for at-risk Indian children and 

3 youth, including such children and youth in correc4 tional facilities in the area served by the local edu5 cational agency that are operated by the Secretary 

6 of the Interior or Indian tribes.’’. 

7 SEC. 1412. PROGRAM REQUIREMENTS FOR CORRECTIONAL 

8 FACILITIES RECEIVING FUNDS UNDER THIS 

9 SECTION. 

10 Section 1425 (20 U.S.C. 6455) is amended— 

11 (1) in paragraph (9), by striking ‘‘vocational’’ 

12 and inserting ‘‘career’’; 

13 (2) in paragraph (10), by striking ‘‘and’’ after 

14 the semicolon; 

15 (3) in paragraph (11), by striking the period at 

16 the end and inserting a semicolon; and 

17 (4) by adding at the end the following: 

18 ‘‘(12) develop an initial educational services and 

19 transition plan for each child or youth served under 

20 this subpart upon entry into the correctional facility, 

21 in partnership with the child or youth’s family mem22 bers and the local educational agency that most re23 cently provided services to the child or youth (if ap24 plicable), consistent with section 1414(a)(1); and 


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1 ‘‘(13) consult with the local educational agency 

2 for a period jointly determined necessary by the cor3 rectional facility and local educational agency upon 

4 discharge from that facility, to coordinate edu5 cational services so as to minimize disruption to the 

6 child’s or youth’s achievement.’’. 

7 SEC. 1413. ACCOUNTABILITY. 

8 Section 1426 (20 U.S.C. 6456) is amended to read 

9 as follows: 

10 ‘‘SEC. 1426. ACCOUNTABILITY. 

11 ‘‘The State educational agency— 

12 ‘‘(1) shall require correctional facilities or insti13 tutions for delinquent children and youth to annually 

14 report on the number of children and youth released 

15 from the correctional facility or institution who re16 turned or did not return to school, the number of 

17 children and youth obtaining a secondary school di18 ploma or its recognized equivalent, and the number 

19 of children and youth obtaining employment; and 

20 ‘‘(2) may require correctional facilities or insti21 tutions for delinquent children and youth to dem22 onstrate, after receiving assistance under this sub23 part for 3 years, that there has been an increase in 

24 the number of children and youth returning to 

25 school, obtaining a secondary school diploma or its 


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1 recognized equivalent, or obtaining employment after 

2 such children and youth are released.’’. 

3 SEC. 1414. PROGRAM EVALUATIONS. 

4 Section 1431 (20 U.S.C. 6471) is amended— 

5 (1) in the matter preceding subsection (a), by 

6 striking ‘‘State agency or local educational agency’’ 

7 and inserting ‘‘State agency, local educational agen8 cy, or Indian tribe’’; 

9 (2) in subsection (a)— 

10 (A) in paragraph (1), by inserting ‘‘, in11 cluding the ability to become college and career 

12 ready, as determined under the State academic 

13 content and student academic achievement 

14 standards under section 1111(a)(1), and to 

15 graduate high school in the standard number of 

16 years’’ before the semicolon at the end; and 

17 (B) in paragraph (3), by inserting ‘‘or 

18 school funded by the Bureau of Indian Edu19 cation’’ after ‘‘local educational agency’’; 

20 (3) in subsection (c), by striking ‘‘a State agen21 cy or local educational agency’’ and inserting ‘‘a 

22 State agency, local educational agency, or Indian 

23 tribe’’; and 

24 (4) by striking subsection (d) and inserting the 

25 following: 


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1 ‘‘(d) EVALUATION RESULTS.— 

2 ‘‘(1) IN GENERAL.—Each State agency, local 

3 educational agency, and Indian tribe shall— 

4 ‘‘(A) submit evaluation results to the State 

5 educational agency and the Secretary; and 

6 ‘‘(B) use the results of evaluations under 

7 this section to plan and improve subsequent 

8 programs for participating children and youth. 

9 ‘‘(2) RESULTS TO THE SECRETARY OF THE IN10 TERIOR.—Each Indian tribe shall also submit eval11 uation results to the Secretary of the Interior.’’. 

12 SEC. 1415. DEFINITIONS. 

13 Section 1432(2) (20 U.S.C. 6472(2)) is amended to 

14 read as follows: 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘or’’ before ‘‘local’’ and by 

17 inserting ‘‘or Indian tribe’’ after ‘‘agency; and 

18 (B) in paragraph (3), by inserting ‘‘ or 

19 school funded by the Bureau of Indian Edu20 cation’’; 

21 (2) in subsection (c), by inserting ‘‘or Indian 

22 tribe’’ after agency; and 

23 (3) by striking subsection (d) and inserting the 

24 following: 

25 ‘‘(d) EVALUATION RESULTS.— 


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1 ‘‘(1) Each State agency, local educational agen2 cy, and Indian tribe shall— 

3 ‘‘(A) submit evaluation results to the State 

4 educational agency and the Secretary; and 

5 ‘‘(B) use the results of evaluation sunder 

6 this section to plan and improve subsequent 

7 programs for participating children and youth. 

8 ‘‘(2) Each Indian tribe shall also submit evalua9 tion results to the Secretary of the Interior.’’. 

10 PART E—EDUCATIONAL STABILITY OF CHILDREN 

11 IN FOSTER CARE 

12 SEC. 1501. EDUCATIONAL STABILITY OF CHILDREN IN FOS13 TER CARE. 

14 (a) IN GENERAL.—Part E of title I (20 U.S.C. 6491 

15 et seq.) is amended to read as follows: 

16 ‘‘PART E—EDUCATIONAL STABILITY OF 

17 CHILDREN IN FOSTER CARE 

18 ‘‘SEC. 1501. EDUCATIONAL STABILITY OF CHILDREN IN FOS19 TER CARE. 

20 ‘‘(a) OBLIGATIONS TO COLLABORATE WITH CHILD

21 WELFARE AGENCIES.— 

22 ‘‘(1) IN GENERAL.—Each State educational 

23 agency receiving assistance under part A shall col24 laborate with the State agency responsible for ad25 ministering the State plans under parts B and E of 


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1 title IV of the Social Security Act (42 U.S.C. 621 

2 et seq., 670 et seq.) to develop and implement a plan 

3 to ensure that the following occurs, for each child in 

4 the State, when the child moves to a new school at5 tendance area as a result of being placed in foster 

6 care (as described in section 1502(1)), changing fos7 ter care placements, or leaving foster care: 

8 ‘‘(A) ATTENDANCE AT A SCHOOL OF ORI9 GIN.— 

10 ‘‘(i) IN GENERAL.—The child enrolls 

11 or remains in the child’s school of origin, 

12 unless a determination is made that it is in 

13 the child’s best interest to attend a dif14 ferent school. 

15 ‘‘(ii) LIMITATION.—A child who leaves 

16 foster care shall only be entitled to remain 

17 in the child’s school of origin for the re18 mainder of the school year. 

19 ‘‘(B) IMMEDIATE ENROLLMENT.—When a 

20 determination is made regarding the school that 

21 it is in the best interest of a child in foster care 

22 to attend, the child shall be immediately en23 rolled in such school, even if the child is unable 

24 to produce records normally required for enroll25 ment, such as previous academic records, imVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 munization and medical records, a birth certifi2 cate, guardianship records, proof of residency, 

3 or other documentation. 

4 ‘‘(C) RECORDS TRANSFER.—Any records 

5 ordinarily kept by a school, including records of 

6 immunizations, health screenings, and other re7 quired health records, academic records, birth 

8 certificates, evaluations for special services or 

9 programs, and any individualized education pro10 grams (as defined in section 602 of the Individ11 uals with Disabilities Education Act (20 U.S.C. 

12 1401)), regarding a child in foster care shall 

13 be— 

14 ‘‘(i) maintained so that the records in15 volved are available, in a timely fashion, 

16 when a child in foster care enters a new 

17 school; and 

18 ‘‘(ii) immediately transferred to the 

19 enrolling school, even if the child owes fees 

20 or fines or was not withdrawn from pre21 vious schools in conformance with local 

22 withdrawal procedures. 

23 ‘‘(2) IMPLEMENTATION.—Each State edu24 cational agency receiving assistance under part A 

25 shall ensure that the plan described in paragraph 


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1 (1) is implemented by the local educational agencies 

2 in the State. 

3 ‘‘(b) CREDIT TRANSFER AND DIPLOMAS.—Each 

4 State that receives assistance under part A shall have poli5 cies for ensuring that— 

6 ‘‘(1) a child in foster care who is changing 

7 schools can transfer school credits and receive par8 tial credits for coursework satisfactorily completed 

9 while attending a prior school or educational pro10 gram; 

11 ‘‘(2) a child in foster care is afforded opportuni12 ties to recover school credits lost due to placement 

13 instability while in foster care; and 

14 ‘‘(3) a child in foster care who has changed sec15 ondary schools can receive a secondary school di16 ploma either from one of the schools in which the 

17 child was enrolled or through a State-issued sec18 ondary school diploma system, consistent with State 

19 graduation requirements. 

20 ‘‘(c) TRANSPORTATION.—Not later than 1 year after 

21 the date of enactment of the Strengthening America’s 

22 Schools Act of 2013, the State educational agency shall 

23 enter into an agreement with the State agency responsible 

24 for administering the State plans under parts B and E 

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1 dren in foster care, and children leaving foster care, who 

2 are attending their schools of origin receive transportation 

3 to and from those schools, in accordance with subsection 

4 (a)(1) and with section 475(1)(G) of the Social Security 

5 Act (42 U.S.C. 675(1)(G)). The agreement shall include 

6 a description of the following: 

7 ‘‘(1) How foster care maintenance payments 

8 will be used to help fund the transportation of chil9 dren in foster care to their schools of origin. 

10 ‘‘(2) How children who leave foster care will re11 ceive transportation to maintain their enrollment in 

12 their schools of origin for the remainder of the aca13 demic year, if remaining in their schools of origin is 

14 in their best interests. 

15 ‘‘(d) POINTS OF CONTACT.— 

16 ‘‘(1) LOCAL EDUCATIONAL AGENCIES.—A State 

17 that receives assistance under part A shall ensure 

18 that each local educational agency in the State des19 ignates an individual employed by the agency to 

20 serve as a point of contact for the child welfare 

21 agencies responsible for children in foster care en22 rolled in the local educational agency and to oversee 

23 the implementation of the local educational agency 

24 requirements under this section. A local educational 

25 agency’s point of contact shall not be the individual 


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1 designated as its local educational agency liaison 

2 under section 722(g)(1)(J)(ii) of the McKinney3 Vento Homeless Assistance Act, unless such indi4 vidual has the capacity, resources, and time to per5 form both roles. 

6 ‘‘(2) STATE EDUCATIONAL AGENCIES.—Each 

7 State educational agency receiving assistance under 

8 part A shall designate an individual to serve as a 

9 point of contact for child welfare agencies and to 

10 oversee the implementation of the State educational 

11 agency requirements under this section. A State 

12 educational agency’s point of contact shall not be the 

13 individual designated as the State’s Coordinator for 

14 Education of Homeless Children and Youths under 

15 section 722(d)(3) of the McKinney-Vento Homeless 

16 Assistance Act, unless such individual has the capac17 ity, resources, and time to perform both roles. 

18 ‘‘SEC. 1502. DEFINITIONS. 

19 ‘‘In this part: 

20 ‘‘(1) CHILD IN FOSTER CARE.—The term ‘child 

21 in foster care’ means a child whose care and place22 ment is the responsibility of the agency that admin23 isters a State plan under part B or E of title IV of 

24 the Social Security Act (42 U.S.C. 621 et seq., 670 

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1 tenance payments are made under section 472 of the 

2 Social Security Act (42 U.S.C. 672) on behalf of the 

3 child. 

4 ‘‘(2) SCHOOL ATTENDANCE AREA.—The term 

5 ‘school attendance area’ has the meaning given the 

6 term in section 1113(a)(2). 

7 ‘‘(3) SCHOOL OF ORIGIN.—The term ‘school of 

8 origin’ means, with respect to a child in foster care, 

9 any of the following: 

10 ‘‘(A) The public school in which the child 

11 was enrolled prior to entry into foster care. 

12 ‘‘(B) The public school in which the child 

13 is enrolled when a change in foster care place14 ment occurs. 

15 ‘‘(C) The public school the child attended 

16 when last permanently housed, as such term is 

17 used in section 722(g)(3)(G) of the McKinney18 Vento Homeless Assistance Act (42 U.S.C. 

19 11432(g)(3)(G)), if such child was eligible for 

20 assistance under such Act before the child be21 came a child in foster care.’’. 

22 (b) GUIDANCE.—Not later than 90 days after the 

23 date of enactment of this Act, the Secretary, in collabora24 tion with the Secretary of Health and Human Services, 

25 is directed to issue guidance on the implementation of part 


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1 E of title I of the Elementary and Secondary Education 

2 Act of 1965, including how State and local agencies will 

3 work together to ensure that transportation for children 

4 in foster care is provided to the school of origin. 

5 PART F—GENERAL PROVISIONS 

6 SEC. 1601. REORGANIZATION. 

7 (a) IN GENERAL.—Title I (20 U.S.C. 6301 et seq.) 

8 is further amended— 

9 (1) by striking parts F through H; 

10 (2) by redesignating part I as part F; and 

11 (3) by redesignating sections 1901 through 

12 1908 as sections 1601 through 1608, respectively. 

13 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

14 Part F of title I, as redesignated by subsection (a)(2), is 

15 further amended— 

16 (1) in section 1601(b)(4)(A) (20 U.S.C. 

17 6571(b)(4)(A)), as redesignated by subsection 

18 (a)(3), by striking ‘‘No Child Left Behind Act of 

19 2001’’ and inserting ‘‘Strengthening America’s 

20 Schools Act of 2013’’; 

21 (2) in section 1602(a) (20 U.S.C. 6572(a)), as 

22 redesignated by subsection (a)(3), by striking 

23 ‘‘1901’’ and inserting ‘‘1601’’; 

24 (3) in section 1603(b)(2)(G) (20 U.S.C. 

25 6573(b)(2)(G)), as redesignated by subsection 


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1 (a)(3), by striking ‘‘pupil services personnel’’ and in2 serting ‘‘specialized instructional support personnel’’; 

3 and 

4 (4) in section 1608 (20 U.S.C. 6578), as redes5 ignated by subsection (a)(3), by striking ‘‘No Child 

6 Left Behind Act of 2001’’ and inserting ‘‘Strength7 ening America’s Schools Act of 2013’’. 

8 TITLE II—SUPPORTING TEACH9 ER AND PRINCIPAL EXCEL10 LENCE 

11 SEC. 2101. SUPPORTING TEACHER AND PRINCIPAL EXCEL12 LENCE. 

13 (a) TECHNICAL AMENDMENTS.—The Act (20 U.S.C. 

14 6301 et seq.) is amended— 

15 (1) in title II, by striking the title heading and 

16 inserting ‘‘SUPPORTING TEACHER AND 

17 PRINCIPAL EXCELLENCE’’; 

18 (2) by redesignating subpart 3 of part D of title 

19 II as part I of title IV, and transferring such part 

20 I so as to follow part H of title IV, as added by sec21 tion 4108 of this Act; 

22 (3) in part I of title IV, as redesignated by 

23 paragraph (2), by striking the part heading and in24 serting the following: ‘‘READY-TO-LEARN’’; 


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1 (4) by redesignating section 2431 as section 

2 4901; 

3 (5) in section 4901, as redesignated by para4 graph (4)— 

5 (A) by striking the section heading and in6 serting the following: ‘‘READY-TO-LEARN’’; 

7 (B) in subsection (a)— 

8 (i) in paragraph (1)(E)(ii)— 

9 (I) by striking ‘‘Even Start pro10 viders,’’; and 

11 (II) by striking ‘‘family literacy 

12 services’’ and inserting ‘‘family lit13 eracy activities’’; 

14 (ii) in paragraph (2)— 

15 (I) by striking ‘‘Even Start pro16 viders,’’; and 

17 (II) by striking ‘‘family literacy 

18 services’’ and inserting ‘‘family lit19 eracy activities’’; 

20 (iii) in paragraph (4)(B), by striking 

21 ‘‘Even Start, and’’; 

22 (C) in subsection (c)(2), by striking ‘‘rel23 evant committees of Congress’’ and inserting 

24 ‘‘authorizing committees’’; and 


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1 (D) by striking subsection (e) and insert2 ing the following: 

3 ‘‘(e) FUNDING RULE.—Not less than 60 percent of 

4 the amount appropriated to carry out this section for each 

5 fiscal year shall be used to carry out activities under sub6 paragraphs (B) through (D) of subsection (a)(1).’’; 

7 (6) by redesignating subpart 5 of part C of title 

8 II as subpart 3 of part E of title IX, and transfer9 ring such subpart 3 so as to follow subpart 2 of part 

10 E of title IX; 

11 (7) by redesignating sections 2361, 2362, 2363, 

12 2364, 2365, 2366, 2367, and 2368, as sections 

13 9541, 9542, 9543, 9544, 9545, 9546, 9547, and 

14 9548, respectively; and 

15 (8) in section 9546(b), as redesignated by para16 graph (7), by striking the matter following para17 graph (2) and inserting the following: 

18 ‘‘(3) A State law that makes a limitation of li19 ability inapplicable if the civil action was brought by 

20 an officer of a State or local government pursuant 

21 to State or local law.’’. 

22 (b) SUPPORTING TEACHER AND PRINCIPAL EXCEL23 LENCE.—Title II (20 U.S.C. 6601 et seq.), as amended 

24 by subsection (a), is further amended by striking parts 

25 A, B, C, and D, and inserting the following: 


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1 ‘‘PART A—CONTINUOUS IMPROVEMENT AND 

2 SUPPORT FOR TEACHERS AND PRINCIPALS 

3 ‘‘SEC. 2101. PURPOSE. 

4 ‘‘The purpose of this part is to provide grants to 

5 State educational agencies and subgrants to local edu6 cational agencies to enable such agencies to improve aca7 demic achievement for all students, including students 

8 with disabilities and English learners, by— 

9 ‘‘(1) providing professional development that is 

10 based on the result of a rigorous, transparent, and 

11 fair evaluation and is designed to improve instruc12 tion and student achievement; and 

13 ‘‘(2) increasing the number and improving the 

14 equitable distribution of teachers and principals in 

15 accordance with section 1111(b)(1)(R). 

16 ‘‘SEC. 2102. DEFINITIONS. 

17 ‘‘In this part: 

18 ‘‘(1) INDUCTION PROGRAM.—The term ‘induc19 tion program’ has the meaning given the term in 

20 section 200 of the Higher Education Act of 1965 

21 (20 U.S.C. 1021). 

22 ‘‘(2) MENTORING.—The term ‘mentoring’ 

23 means supporting teachers or principals to increase 

24 the effectiveness and retention of such teachers or 

25 principals through a program that— 


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1 ‘‘(A) includes clear criteria for the selec2 tion of mentors that takes into account the 

3 mentor’s— 

4 ‘‘(i) record of increasing student 

5 achievement; and 

6 ‘‘(ii) ability to facilitate professional 

7 development activities; 

8 ‘‘(B) provides high-quality training for 

9 mentors in how to support teachers or prin10 cipals; 

11 ‘‘(C) provides regularly scheduled time for 

12 collaboration, examination of student work and 

13 achievement data, and observation of teaching, 

14 and identifies and addresses areas for improve15 ment; and 

16 ‘‘(D) matches mentees with mentors in the 

17 same field, grade, grade span, or subject area. 

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

19 the several States of the United States, the Com20 monwealth of Puerto Rico, and the District of Co21 lumbia. 

22 ‘‘Subpart 1—Grants to States 

23 ‘‘SEC. 2111. ALLOTMENTS TO STATES. 

24 ‘‘(a) IN GENERAL.—The Secretary shall make grants 

25 to States with applications approved under section 2112 


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1 to enable the States to carry out the activities specified 

2 in section 2113. Each grant shall consist of the allotment 

3 determined for a State under subsection (b). 

4 ‘‘(b) DETERMINATION OF ALLOTMENTS.— 

5 ‘‘(1) RESERVATION OF FUNDS.—From the total 

6 amount appropriated to carry out this subpart for a 

7 fiscal year, the Secretary shall reserve— 

8 ‘‘(A) one-half of 1 percent for allotments 

9 for the United States Virgin Islands, Guam, 

10 American Samoa, and the Commonwealth of 

11 the Northern Mariana Islands, to be distributed 

12 among those outlying areas on the basis of their 

13 relative need, as determined by the Secretary, 

14 in accordance with the purpose of this part; and 

15 ‘‘(B) one-half of 1 percent for the Sec16 retary of the Interior for programs under this 

17 part in schools operated or funded by the Bu18 reau of Indian Education. 

19 ‘‘(2) STATE ALLOTMENTS.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), from the funds appropriated to 

22 carry out this subpart and not reserved under 

23 paragraph (1), the Secretary shall allot to each 

24 State the sum of— 


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1 ‘‘(i) an amount that bears the same 

2 relationship to 35 percent of the remaining 

3 amount as the number of individuals ages 

4 5 through 17 in the State, as determined 

5 by the Secretary on the basis of the most 

6 recent satisfactory data, bears to the num7 ber of those individuals in all such States, 

8 as so determined; and 

9 ‘‘(ii) an amount that bears the same 

10 relationship to 65 percent of the remaining 

11 amount as the number of individuals, ages 

12 5 through 17 from families with incomes 

13 below the poverty line, in the State, as de14 termined by the Secretary on the basis of 

15 the most recent satisfactory data, bears to 

16 the number of those individuals in all such 

17 States, as so determined. 

18 ‘‘(B) EXCEPTION.—No State receiving an 

19 allotment under subparagraph (A) may receive 

20 less than one-half of 1 percent of the total 

21 amount allotted under such subparagraph. 

22 ‘‘(3) REALLOTMENT.—If any State does not re23 ceive an allotment under this subsection for any fis24 cal year, the Secretary shall reallot the amount of 


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1 the allotment to the remaining States in accordance 

2 with this subsection. 

3 ‘‘SEC. 2112. STATE APPLICATIONS. 

4 ‘‘(a) IN GENERAL.—For a State to be eligible to re5 ceive a grant under this subpart, the State educational 

6 agency shall submit an application to the Secretary at 

7 such time, in such manner, and containing such informa8 tion as the Secretary may reasonably require. 

9 ‘‘(b) CONTENTS.—Each application submitted under 

10 this section shall include— 

11 ‘‘(1) a description of how the State educational 

12 agency will— 

13 ‘‘(A) ensure that each local educational 

14 agency receiving a subgrant under subpart 2 

15 will comply with the requirements of such 

16 subgrant, including implementing a professional 

17 growth and improvement system; 

18 ‘‘(B) provide technical assistance to sup19 port such implementation; and 

20 ‘‘(C) ensure that the State educational 

21 agency regularly assesses implementation and 

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1 mentation of such systems in differentiating 

2 teacher and principal performance levels; 

3 ‘‘(2) a description of how the State will use 

4 funds reserved under section 2113(a); 

5 ‘‘(3) a description of how the activities to be 

6 carried out by the State educational agency under 

7 this subpart will be evidence-based and an expla8 nation of why the activities are expected to improve 

9 student achievement; 

10 ‘‘(4) a description of how activities under this 

11 subpart are aligned with State academic content and 

12 student academic achievement standards and State 

13 assessments, which include, as appropriate, State 

14 early learning standards for children younger than 

15 kindergarten; 

16 ‘‘(5) a description of how the State educational 

17 agency, working with local educational agencies, will 

18 provide data on each teacher’s student achievement 

19 and growth for the State assessments required 

20 under section 1111(a)(2) to teachers and local edu21 cational agencies, in a timely and useful manner; 

22 ‘‘(6) a description of how the State educational 

23 agency will hold local educational agencies account24 able for meeting the requirements of section 1117; 


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1 ‘‘(7) an assurance that the State educational 

2 agency will comply with section 9501 (regarding par3 ticipation by private school children and teachers); 

4 ‘‘(8) a description of the activities funded under 

5 this subpart, including how such activities will be co6 ordinated with the State agency responsible for early 

7 childhood education programs and the State Advi8 sory Council on Early Childhood Education and 

9 Care established under section 642B of the Head 

10 Start Act, that are designed to improve and 

11 strengthen the knowledge and skills of teachers and 

12 principals responsible for educating children in pre13 school, where applicable, through grade 3; 

14 ‘‘(9) a description of how the State educational 

15 agency will provide for the equitable distribution of 

16 teachers in accordance with section 1111(b)(1)(K); 

17 and 

18 ‘‘(10) an assurance that the State educational 

19 agency is encouraging collaboration between higher 

20 education-based educator preparation programs, the 

21 State, and local educational agencies to promote the 

22 readiness of new educators entering the profession 

23 through clinical experience and interaction, as well 

24 as other activities. 


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1 ‘‘(c) DEEMED APPROVAL.—An application submitted 

2 by a State educational agency pursuant to subsection (a) 

3 shall be deemed to be approved by the Secretary unless 

4 the Secretary makes a written determination, prior to the 

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

6 which the Secretary received the application, that the ap7 plication is not in compliance with this subpart. 

8 ‘‘(d) DISAPPROVAL.—The Secretary shall not finally 

9 disapprove the application, except after giving the State 

10 educational agency notice and an opportunity for a hear11 ing. 

12 ‘‘(e) NOTIFICATION.—If the Secretary finds that the 

13 application is not in compliance, in whole or in part, with 

14 this subpart, the Secretary shall— 

15 ‘‘(1) give the State educational agency notice 

16 and an opportunity for a hearing; and 

17 ‘‘(2) notify the State educational agency of the 

18 finding of noncompliance and, in such notification, 

19 shall— 

20 ‘‘(A) cite the specific provisions in the ap21 plication that are not in compliance; and 

22 ‘‘(B) request additional information, only 

23 as to the noncompliant provisions, needed to 

24 make the application compliant. 


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1 ‘‘(f) RESPONSE.—If the State educational agency re2 sponds to the Secretary’s notification described in sub3 section (e)(2) during the 45-day period beginning on the 

4 date on which the agency received the notification, and 

5 resubmits the application with the requested information 

6 described in subsection (e)(2)(B), the Secretary shall ap7 prove or disapprove such application prior to the later of— 

8 ‘‘(1) the expiration of the 45-day period begin9 ning on the date on which the application is resub10 mitted; or 

11 ‘‘(2) the expiration of the 120-day period de12 scribed in subsection (c). 

13 ‘‘(g) FAILURE TO RESPOND.—If the State edu14 cational agency does not respond to the Secretary’s notifi15 cation described in subsection (e)(2) during the 45-day pe16 riod beginning on the date on which the agency received 

17 the notification, such application shall be deemed to be 

18 disapproved. 

19 ‘‘SEC. 2113. STATE USE OF FUNDS. 

20 ‘‘(a) IN GENERAL.—A State that receives a grant 

21 under section 2111— 

22 ‘‘(1) shall reserve 95 percent of the funds made 

23 available through the grant to make subgrants to 

24 local educational agencies as described in subpart 2; 


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1 ‘‘(2) shall use not less than 2 percent but not 

2 more than 5 percent of funds made available 

3 through the grant to support local educational agen4 cies in— 

5 ‘‘(A) improving the performance and equi6 table distribution of principals and, at the 

7 State’s discretion, other school leaders, includ8 ing through— 

9 ‘‘(i) activities designed to recruit, pre10 pare, place, assist, support, and retain 

11 highly rated principals for high-need 

12 schools and low-performing schools, includ13 ing through compensation or incentives; 

14 and 

15 ‘‘(ii) providing training and support to 

16 principals and school leadership teams in 

17 high-need schools and low-performing 

18 schools on improving instruction and clos19 ing achievement gaps; and 

20 ‘‘(B) providing technical assistance to local 

21 educational agencies to support the design and 

22 implementation of professional growth and im23 provement systems, including— 

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1 quality evaluation tools, such as classroom 

2 observation rubrics; 

3 ‘‘(ii) developing and providing training 

4 for principals and other evaluators on how 

5 to evaluate teachers in order to differen6 tiate teacher performance accurately, pro7 vide useful feedback, and use evaluation 

8 results to inform decisionmaking about 

9 professional development, improvement 

10 strategies, and personnel decisions; 

11 ‘‘(iii) developing methods, including 

12 training and auditing, for ensuring inter13 rater reliability of evaluation results; 

14 ‘‘(iv) providing information on the ap15 propriate collection, reporting, analysis, 

16 and use of evaluation data; and 

17 ‘‘(v) developing a system for auditing 

18 the quality of professional growth and im19 provement systems, including the correla20 tion with student achievement and contin21 uous improvement, and improving such 

22 systems based on data and feedback; and 

23 ‘‘(3) shall use funds remaining after making the 

24 reservations under paragraphs (1) and (2) to— 


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1 ‘‘(A) plan and administer State activities 

2 under this part, including awarding, moni3 toring, and enforcing the requirements of sub4 grants awarded under subpart 2; 

5 ‘‘(B) assist local educational agencies in 

6 recruiting, preparing, placing, developing, and 

7 retaining highly rated teachers for high-need 

8 schools and low-performing schools; 

9 ‘‘(C) provide technical assistance, as nec10 essary, to local educational agencies that receive 

11 subgrants under subpart 2, to improve perform12 ance on the measures described in section 

13 2141(b), as applicable; 

14 ‘‘(D) develop and disseminate the State 

15 Report described in subpart 4, and use the in16 formation in the State Report to guide efforts 

17 under this part; and 

18 ‘‘(E) provide technical assistance and sup19 port to local educational agencies in the devel20 opment and implementation of programs and 

21 policies that support young children’s transition 

22 from early childhood education programs into 

23 elementary schools, improve school readiness, 

24 and improve the academic achievement of young 

25 children. 


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1 ‘‘(b) OPTIONAL USES.— 

2 ‘‘(1) IN GENERAL.—A State that receives a 

3 grant under section 2111 may, from the funds avail4 able for the uses described in subsection (a)(2), use 

5 an amount equal to not more than 1 percent of the 

6 funds made available through the grant to establish, 

7 expand, or implement 1 or more teacher or principal 

8 preparation academies and to provide for a State au9 thorizer, if— 

10 ‘‘(A) the State does not have in place legal, 

11 statutory, or regulatory barriers to the creation 

12 or operation of teacher or principal preparation 

13 academies; 

14 ‘‘(B) the State enables candidates attend15 ing a teacher or principal preparation academy 

16 to be eligible for State financial aid to the same 

17 extent as participants in other State-approved 

18 teacher or principal preparation programs, in19 cluding alternative certification, licensure, or 

20 credential programs; 

21 ‘‘(C) the State enables teachers or prin22 cipals who are teaching or working while on al23 ternative certificates, licenses, or credentials to 

24 teach or work in the State while enrolled in a 

25 teacher or principal preparation academy; and 


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1 ‘‘(D) the State will recognize a certificate 

2 of completion (from any teacher or principal 

3 preparation academy that is not, or is unaffili4 ated with, an institution of higher education), 

5 as at least the equivalent of a master’s degree 

6 in education for the purposes of hiring, reten7 tion, compensation, and promotion in the State. 

8 ‘‘(2) DEFINITIONS.—In this subsection: 

9 ‘‘(A) TEACHER OR PRINCIPAL PREPARA10 TION ACADEMY.—The term ‘teacher or prin11 cipal preparation academy’ means a public or 

12 other nonprofit institution that will prepare 

13 teachers or principals, or both, to serve in high14 need schools and that— 

15 ‘‘(i) enters into an agreement with a 

16 State authorizer that specifies the goals ex17 pected of the institution, including— 

18 ‘‘(I) a requirement that— 

19 ‘‘(aa) teacher or principal 

20 candidates, or teachers teaching 

21 or principals serving on alter22 native certificates, licenses, or 

23 credentials, who are enrolled in 

24 the academy receive a significant 

25 part of their training through 


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1 clinical preparation that partners 

2 candidates with mentor teachers 

3 or principals with a demonstrated 

4 track record of success in im5 proving student growth, including 

6 (where applicable) children with 

7 disabilities, children living in pov8 erty, and English learners; and 

9 ‘‘(bb) the academy will pro10 vide instruction to teacher can11 didates that links to the clinical 

12 preparation experience; 

13 ‘‘(II) the number of teachers or 

14 principals the academy will produce 

15 and the minimum number and per16 centage of teachers or principals who 

17 will demonstrate success in improving 

18 student performance based on mul19 tiple measures (including student 

20 growth); 

21 ‘‘(III) a requirement that the 

22 teacher preparation component of the 

23 academy will only award a certificate 

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1 tution of higher education) after the 

2 graduate demonstrates a track record 

3 of success in improving student per4 formance based on multiple measures 

5 (including student growth), either as a 

6 student teacher or teacher-of-record 

7 on an alternative certificate, license, 

8 or credential; 

9 ‘‘(IV) a requirement that the 

10 principal preparation component of 

11 the academy will only award a certifi12 cate of completion (or degree, if the 

13 academy is, or is affiliated with, an 

14 institution of higher education) after 

15 the graduate demonstrates a track 

16 record of success in improving student 

17 performance for some or all of a 

18 school’s students; and 

19 ‘‘(V) timelines for producing co20 horts of graduates and conferring cer21 tificates of completion (or degrees, if 

22 the academy is, or is affiliated with, 

23 an institution of higher education) 

24 from the academy; 


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1 ‘‘(ii) shall not have unnecessary re2 strictions placed on the methods the acad3 emy will use to train teacher or principal 

4 candidates (or teachers or principals that 

5 are teaching or working while on alter6 native certificates, licenses, or credentials), 

7 including restrictions or requirements— 

8 ‘‘(I) obligating the faculty of the 

9 academy to hold advanced degrees, or 

10 prohibiting the faculty of the academy 

11 from holding advanced degrees; 

12 ‘‘(II) obligating such faculty to 

13 conduct academic research; 

14 ‘‘(III) related to the physical in15 frastructure of the academy; 

16 ‘‘(IV) related to the number of 

17 course credits required as part of the 

18 program of study; 

19 ‘‘(V) related to the under20 graduate coursework completed by 

21 teachers teaching on alternative cer22 tificates, licenses, or credentials, as 

23 long as such teachers have success24 fully passed all relevant State-ap25 proved content area examinations; or 


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1 ‘‘(VI) related to obtaining addi2 tional accreditation from a national 

3 accrediting body; and 

4 ‘‘(iii) limits admission to its program 

5 to candidates who demonstrate strong po6 tential to improve student achievement, 

7 based on a rigorous selection process that 

8 reviews a candidate’s prior academic 

9 achievement or record of professional ac10 complishment. 

11 ‘‘(B) STATE AUTHORIZER.—The term 

12 ‘State authorizer’ means an entity designated 

13 by the Governor of a State to recognize teacher 

14 or principal preparation academies within the 

15 State that— 

16 ‘‘(i) enters into an agreement with a 

17 teacher or principal preparation academy 

18 that specifies the goals expected of the 

19 academy, as described in subparagraph 

20 (A)(i); 

21 ‘‘(ii) may be a nonprofit organization, 

22 State educational agency, or other public 

23 entity, or consortium of such entities (in24 cluding a consortium of States); and 


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1 ‘‘(iii) does not reauthorize a teacher 

2 or principal preparation academy if the 

3 academy fails to produce the minimum 

4 number or percentage of effective teachers 

5 or principals, respectively, identified in the 

6 academy’s authorizing agreement. 

7 ‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Funds re8 ceived under this subpart shall be used to supplement, and 

9 not supplant, non-Federal funds that would otherwise be 

10 used for activities authorized under this subpart. 

11 ‘‘Subpart 2—Subgrants to Local Educational 

12 Agencies 

13 ‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN14 CIES. 

15 ‘‘(a) IN GENERAL.—The Secretary may make a grant 

16 to a State under subpart 1 only if the State educational 

17 agency agrees to distribute the funds described in this sec18 tion as subgrants to local educational agencies under this 

19 subpart. 

20 ‘‘(b) ALLOCATIONS.— 

21 ‘‘(1) IN GENERAL.—From the total amount re22 served by a State under section 2113(a)(1) for a fis23 cal year, the State educational agency shall allocate 

24 to each of the eligible local educational agencies in 

25 the State for such fiscal year the sum of— 


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1 ‘‘(A) an amount that bears the same rela2 tionship to 20 percent of the total amount re3 served as the number of individuals age 5 

4 through 17 in the geographic area served by the 

5 agency, as determined by the Secretary on the 

6 basis of the most recent satisfactory data, bears 

7 to the number of those individuals in the geo8 graphic areas served by all the local educational 

9 agencies in the State, as so determined; and 

10 ‘‘(B) an amount that bears the same rela11 tionship to 80 percent of the total amount re12 served as the number of individuals age 5 

13 through 17 from families with incomes below 

14 the poverty line in the geographic area served 

15 by the agency, as determined by the Secretary 

16 on the basis of the most recent satisfactory 

17 data, bears to the number of those individuals 

18 in the geographic areas served by all the local 

19 educational agencies in the State, as so deter20 mined. 

21 ‘‘(2) HOLD HARMLESS.— 

22 ‘‘(A) IN GENERAL.—Notwithstanding para23 graph (1), the State educational agency shall 

24 allocate to each of the eligible local educational 

25 agencies in the State an amount that is not less 


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1 than 90 percent of the allocation the eligible 

2 local educational agency received for the pre3 vious fiscal year under this part. 

4 ‘‘(B) RATABLE REDUCTION.—If insuffi5 cient funds are appropriated to allocate the 

6 amounts that all eligible local educational agen7 cies in the State are eligible to receive under 

8 subparagraph (A) for a fiscal year, the Sec9 retary shall ratably reduce those amounts for 

10 the fiscal year. 

11 ‘‘SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESS12 MENT. 

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

14 subgrant under this subpart, a local educational agency 

15 shall— 

16 ‘‘(1) submit an application to the State edu17 cational agency at such time, in such manner, and 

18 containing such information as the State educational 

19 agency may reasonably require; and 

20 ‘‘(2) conduct, with the involvement of school 

21 staff and other stakeholders, as applicable, an as22 sessment of the human capital needs of the local 

23 educational agency, including in the areas set forth 

24 under section 2141(b), as applicable. 


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1 ‘‘(b) CONTENTS.—Each application submitted under 

2 this section shall include the following: 

3 ‘‘(1) NEEDS ASSESSMENT.—A description of 

4 the results of the needs assessment conducted under 

5 subsection (a)(2) and how the local educational 

6 agency will align uses of funds with such assess7 ment. 

8 ‘‘(2) PERFORMANCE MEASURES.—A description 

9 of the performance measures and activities the local 

10 educational agency will use to address the needs 

11 identified in such assessment. 

12 ‘‘(3) PROFESSIONAL GROWTH AND IMPROVE13 MENT SYSTEM.—An assurance that the local edu14 cational agency will create, or improve, and imple15 ment a professional growth and improvement system 

16 as by a date identified by the local educational agen17 cy and approved by the State educational agency 

18 that shall not be later than the 2015–2016 school 

19 year. 

20 ‘‘(4) PROFESSIONAL DEVELOPMENT.—A de21 scription of the professional development activities 

22 that will be made available to teachers and prin23 cipals under this subpart and how the local edu24 cational agency will ensure that the professional de25 velopment needs of teachers and principals, as idenVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 tified by the professional growth and improvement 

2 system, will be met using funds under this subpart. 

3 ‘‘(5) ENCOURAGING COLLABORATION TO PRO4 MOTE EDUCATOR READINESS.—An assurance that 

5 the local educational agency is encouraging collabo6 ration with higher education-based educator prepa7 ration programs to promote the readiness of new 

8 educators entering the profession through clinical ex9 perience and interaction, as well as other activities. 

10 ‘‘(6) INTEGRATION OF TECHNOLOGY INTO CUR11 RICULA AND INSTRUCTION.—A description of how 

12 the local educational agency will integrate funds 

13 under this subpart with funds received under part D 

14 that are used for professional development to train 

15 teachers to integrate technology into curricula and 

16 instruction to improve teaching, learning, and tech17 nology literacy. 

18 ‘‘(7) EVIDENCE-BASED ACTIVITIES.—A descrip19 tion of how the activities to be carried out by the 

20 State educational agency under this subpart will be 

21 evidence-based and an explanation of why the activi22 ties are expected to improve student achievement. 

23 ‘‘SEC. 2123. LOCAL USE OF FUNDS. 

24 ‘‘(a) IN GENERAL.—A local educational agency that 

25 receives a subgrant under section 2121 shall use subgrant 


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1 funds to address the achievement of students in schools 

2 designated as focus schools under section 1116(c) and pri3 ority schools under section 1116(d) and schools not meet4 ing their performance targets, as described in section 

5 1116(b). 

6 ‘‘(b) PROFESSIONAL DEVELOPMENT.— 

7 ‘‘(1) IN GENERAL.—A local educational agency 

8 that receives a subgrant under section 2121 shall 

9 use subgrant funds to develop and carry out profes10 sional development, which may include joint profes11 sional development for teachers, principals, and 

12 other relevant school staff with early childhood edu13 cation program staff. 

14 ‘‘(2) PRIORITY SCHOOLS; FOCUS SCHOOLS.— 

15 Not less than 20 percent of subgrant funds— 

16 ‘‘(A) shall be used to provide professional 

17 development for teachers serving students in 

18 schools identified as priority schools under sec19 tion 1116(d) and not receiving school improve20 ment funds as described in section 1116(f); and 

21 ‘‘(B) if a local educational agency has ex22 cess funds after meeting the needs of teachers 

23 serving students in priority schools, as required 

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1 ing students in schools identified as focus 

2 schools under section 1116(c). 

3 ‘‘(c) PERMISSIBLE USES OF FUNDS.—A local edu4 cational agency that receives a subgrant under section 

5 2121 may use subgrant funds to implement strategies that 

6 lead to increased student achievement for all students, in7 cluding English learners and students with disabilities, by 

8 carrying out 1 or more of the following activities: 

9 ‘‘(1) Developing, implementing and improving 

10 an induction program or a mentoring program. 

11 ‘‘(2) Improving within-district equity in the dis12 tribution of teachers consistent with the require13 ments of section 1111(b)(1)(R). 

14 ‘‘(3) Developing and implementing a profes15 sional growth and improvement system. 

16 ‘‘(4) Carrying out in-service training for school 

17 personnel in— 

18 ‘‘(A) the techniques and supports needed 

19 for early identification of children with trauma 

20 histories, and children with, or at risk of, men21 tal illness; 

22 ‘‘(B) the use of referral mechanisms that 

23 effectively link such children to appropriate 

24 treatment and intervention services in the 


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1 school and in the community, where appro2 priate; and 

3 ‘‘(C) forming partnerships between school4 based mental health programs and public or 

5 private mental health organizations. 

6 ‘‘(5) Increasing teacher capacity to evaluate 

7 student work and use student achievement data and 

8 creating career ladders to provide opportunities for 

9 highly rated teachers or paraprofessionals to ad10 vance or take on additional roles and responsibilities. 

11 ‘‘(6) Recruiting, preparing, placing, supporting, 

12 developing, rewarding, and retaining highly rated 

13 teachers and principals in high-need schools and low14 performing schools. 

15 ‘‘(7) Reducing class size for prekindergarten 

16 through grade 3, by an amount and to a level con17 sistent with what scientifically valid research has 

18 found to improve student achievement. 

19 ‘‘(d) SUPPLEMENT, NOT SUPPLANT.—Funds re20 ceived under this subpart shall be used to supplement, and 

21 not supplant, non-Federal funds that would otherwise be 

22 used for activities authorized under this subpart. 


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1 ‘‘Subpart 3—National Leadership Activities 

2 ‘‘SEC. 2131. NATIONAL LEADERSHIP ACTIVITIES. 

3 ‘‘From the funds made available to carry out this 

4 part for a fiscal year, the Secretary is authorized to set 

5 aside not more than 1 percent to carry out the following 

6 activities related to the purpose of this part: 

7 ‘‘(1) Research and development. 

8 ‘‘(2) Technical assistance. 

9 ‘‘(3) Outreach and dissemination activities di10 rectly or through grants, contracts, or cooperative 

11 agreements. 

12 ‘‘(4) Activities relating to gifted and talented 

13 students, as described in section 2132. 

14 ‘‘SEC. 2132. GIFTED AND TALENTED STUDENTS. 

15 ‘‘The Secretary shall— 

16 ‘‘(1) acting through the Director of the Insti17 tute of Education Sciences, continue research and 

18 development activities related to the education of 

19 gifted and talented students, particularly research 

20 and development activities related to such students 

21 who reside in rural communities or have been under22 represented as gifted and talented; 

23 ‘‘(2) support a National Research Center on the 

24 Gifted and Talented that conducts research and 

25 serves as a national clearinghouse for evidence-based 


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1 best practices to improve the identification and in2 struction of gifted and talented students; and 

3 ‘‘(3) administer demonstration grants, in con4 sultation with the Director of the Institute of Edu5 cation Sciences, to programs that build and enhance 

6 the ability of elementary school and secondary school 

7 personnel to support gifted and talented students. 

8 ‘‘Subpart 4—Accountability 

9 ‘‘SEC. 2141. ACCOUNTABILITY. 

10 ‘‘(a) IN GENERAL.— 

11 ‘‘(1) STATE REPORT.—Each State that receives 

12 a grant under subpart 1 shall annually submit to the 

13 Secretary, in a manner prescribed by the Secretary, 

14 and make public, a State Report on program per15 formance and results under such grant. Such State 

16 Report shall provide the information required under 

17 subsection (b). 

18 ‘‘(2) LOCAL EDUCATIONAL AGENCY REPORT.— 

19 Each local educational agency that receives a 

20 subgrant under subpart 2 shall annually submit to 

21 the State, in a manner prescribed by the State, and 

22 make public, a Local Educational Agency Report on 

23 program performance and results under such 

24 subgrant. Such Local Educational Agency Report 


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1 shall provide the information required under sub2 section (b). 

3 ‘‘(3) FERPA COMPLIANCE.—Each State and 

4 local educational agency that submits a report in 

5 compliance with this subsection shall collect, report, 

6 and disseminate information contained in such re7 port in compliance with section 444 of the General 

8 Education Provisions Act (20 U.S.C. 1232g, com9 monly known as the ‘Family Educational Rights and 

10 Privacy Act of 1974’). 

11 ‘‘(4) TEACHER AND PRINCIPAL PRIVACY.—No 

12 State or local educational agency shall publicly re13 port information in compliance with this subsection 

14 in a case in which the results would reveal personally 

15 identifiable information about an individual teacher 

16 or principal. 

17 ‘‘(b) INFORMATION.—Each State Report and Local 

18 Educational Agency Report shall contain, as appro19 priate— 

20 ‘‘(1) a description of how funds have been used, 

21 including how funds have been used to address the 

22 needs of teachers serving students in schools not 

23 meeting performance targets, as described in section 

24 1116(b), and schools identified as focus schools and 


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1 priority schools under subsections (c) and (d) of sec2 tion 1116 and the results of the use of those funds; 

3 ‘‘(2) the number of highly rated teachers in the 

4 local educational agency teaching in schools identi5 fied as focus schools and priority schools under sub6 sections (c) and (d) of section 1116; 

7 ‘‘(3) student achievement data, by teacher prep8 aration program within the State, for students 

9 taught by such program’s graduates; 

10 ‘‘(4) a description of the professional growth 

11 and improvement system required under section 

12 2122; 

13 ‘‘(5) a description of how chosen professional 

14 development activities improved teacher and prin15 cipal performance using the professional growth and 

16 improvement system; and 

17 ‘‘(6) how funds have been used to contribute to 

18 the equitable distribution of teachers. 

19 ‘‘Subpart 5—Principal Recruitment and Training 

20 ‘‘SEC. 2151. PRINCIPAL RECRUITMENT AND TRAINING 

21 GRANT PROGRAM. 

22 ‘‘(a) DEFINITIONS.—In this section: 

23 ‘‘(1) ASPIRING PRINCIPAL.—The term ‘aspiring 

24 principal’ means an individual who is enrolled in a 

25 principal preparation program’s preservice residency 


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1 that provides training in instructional leadership, or2 ganizational management, and the development of 

3 teachers. 

4 ‘‘(2) CURRENT PRINCIPAL.—The term ‘current 

5 principal’ means an individual who, as of the date of 

6 the determination of participation in a program 

7 under this section, is employed as a principal or has 

8 been employed as a principal. 

9 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en10 tity’ means— 

11 ‘‘(A) a local educational agency or edu12 cational service agency that serves an eligible 

13 school or a consortium of such agencies; 

14 ‘‘(B) a State educational agency or a con15 sortium of such agencies; 

16 ‘‘(C) a State educational agency in part17 nership with 1 or more local educational agen18 cies or educational service agencies that serve 

19 an eligible school; 

20 ‘‘(D) an entity described in subparagraph 

21 (A), (B), or (C) in partnership with 1 or more 

22 nonprofit organizations or institutions of higher 

23 education; or 

24 ‘‘(E) an institution of higher education or 

25 a nonprofit organization, if the institution or 


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1 nonprofit organization can demonstrate a 

2 record of— 

3 ‘‘(i) preparing principals who have 

4 been able to improve student achievement 

5 substantially; and 

6 ‘‘(ii) placing a significant percentage 

7 of such principals in eligible schools. 

8 ‘‘(4) ELIGIBLE SCHOOL.—The term ‘eligible 

9 school’ means a public school, including a public 

10 charter school, that meets 1 or more of the following 

11 criteria: 

12 ‘‘(A) Is a high-need school. 

13 ‘‘(B) Is identified as a priority school 

14 under section 1116(d). 

15 ‘‘(C) Is identified as a focus school under 

16 section 1116(c). 

17 ‘‘(D) In the case of a public school con18 taining middle grades, feeds into a public high 

19 school that has less than a 60 percent gradua20 tion rate. 

21 ‘‘(E) Is a rural school served by a local 

22 educational agency that is eligible to receive as23 sistance under part B of title VI. 

24 ‘‘(5) HIGH-NEED SCHOOL.— 


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1 ‘‘(A) IN GENERAL.—The term ‘high-need 

2 school’ means— 

3 ‘‘(i) an elementary school or middle 

4 school in which not less than 50 percent of 

5 the enrolled students are children from 

6 low-income families; or 

7 ‘‘(ii) a high school in which not less 

8 than 40 percent of the enrolled students 

9 are children from low-income families, 

10 which may be calculated using comparable 

11 data from feeder schools. 

12 ‘‘(B) LOW-INCOME FAMILY.—For purposes 

13 of subparagraph (A), the term ‘low-income fam14 ily’ means a family— 

15 ‘‘(i) in which the children are eligible 

16 for a free or reduced price lunch under the 

17 Richard B. Russell National School Lunch 

18 Act (42 U.S.C. 1751 et seq.); 

19 ‘‘(ii) receiving assistance under a 

20 State program funded under part A of title 

21 IV of the Social Security Act (42 U.S.C. 

22 601 et seq.); or 

23 ‘‘(iii) in which the children are eligible 

24 to receive medical assistance under the 

25 Medicaid program. 


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1 ‘‘(6) MENTOR PRINCIPAL.—The term ‘mentor 

2 principal’ means an individual with the following 

3 characteristics: 

4 ‘‘(A) Strong instructional leadership skills 

5 in an elementary school or secondary school set6 ting. 

7 ‘‘(B) Strong verbal and written commu8 nication skills, which may be demonstrated by 

9 performance on appropriate assessments. 

10 ‘‘(C) Knowledge, skills, and attitudes to— 

11 ‘‘(i) establish and maintain a profes12 sional learning community that effectively 

13 extracts information from data to improve 

14 the school culture and personalize instruc15 tion for all students to result in improved 

16 student achievement; 

17 ‘‘(ii) create and maintain a learning 

18 culture within the school that provides a 

19 climate conducive to the development of all 

20 members of the school community, includ21 ing one of continuous learning for adults 

22 tied to student learning and other school 

23 goals; 

24 ‘‘(iii) engage in continuous profes25 sional development, utilizing a combination 


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1 of academic study, developmental simula2 tion exercises, self-reflection, mentorship, 

3 and internship; 

4 ‘‘(iv) understand youth development 

5 appropriate to the age level served by the 

6 school and from this knowledge set high 

7 expectations and standards for the aca8 demic, social, emotional, and physical de9 velopment of all students; and 

10 ‘‘(v) actively engage the community to 

11 create shared responsibility for student 

12 academic performance and successful de13 velopment. 

14 ‘‘(7) MIDDLE GRADE.—The term ‘middle grade’ 

15 means any of grades 5 through 8. 

16 ‘‘(8) SCHOOL-LEVEL STUDENT OUTCOMES.— 

17 The term ‘school-level student outcomes’ means, at 

18 the whole school level and for each subgroup of stu19 dents described in section 1111(a)(3)(D) who are 

20 served by the school— 

21 ‘‘(A) student academic achievement and 

22 student growth; and 

23 ‘‘(B) additional outcomes, including, at the 

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1 centage of students taking college-level 

2 coursework. 

3 ‘‘(b) PROGRAM AUTHORIZED.— 

4 ‘‘(1) PRINCIPAL RECRUITMENT AND TRAINING

5 GRANT PROGRAM.—The Secretary shall award 

6 grants to eligible entities to enable such entities to 

7 recruit, prepare, place, and support principals in eli8 gible schools. 

9 ‘‘(2) DURATION.— 

10 ‘‘(A) IN GENERAL.— 

11 ‘‘(i) NOT MORE THAN 5 YEAR DURA12 TION.—A grant awarded under this section 

13 shall be not more than 5 years in duration. 

14 ‘‘(ii) RENEWAL.—The Secretary 

15 may— 

16 ‘‘(I) renew a grant awarded 

17 under this section based on perform18 ance; and 

19 ‘‘(II) in renewing a grant under 

20 subclause (I), award the grantee in21 creased funding to scale up or rep22 licate the grantee’s program. 

23 ‘‘(B) PERFORMANCE.—In evaluating per24 formance for purposes of subparagraph 

25 (A)(ii)(I)— 


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1 ‘‘(i) the Secretary’s primary consider2 ation shall be the extent to which the prin3 cipals recruited, prepared, placed, or sup4 ported by the grantee have improved 

5 school-level student outcomes in eligible 

6 schools; and 

7 ‘‘(ii) the Secretary shall also consider 

8 the percentage of program graduates— 

9 ‘‘(I) who become principals in eli10 gible schools; 

11 ‘‘(II) who remain principals in el12 igible schools for multiple years; and 

13 ‘‘(III) who are highly rated prin14 cipals, as determined by the State 

15 educational agency. 

16 ‘‘(c) APPLICATION AND SELECTION CRITERIA.— 

17 ‘‘(1) APPLICATION.—An eligible entity that de18 sires a grant under this section shall submit to the 

19 Secretary an application at such time, in such man20 ner, and accompanied by such information as the 

21 Secretary may require. 

22 ‘‘(2) SELECTION CRITERIA.—In awarding 

23 grants under this section, the Secretary shall con24 sider— 


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1 ‘‘(A) the extent to which the entity has the 

2 capacity to implement the activities described in 

3 subsection (e) that the entity proposes to imple4 ment; 

5 ‘‘(B) the extent to which the entity has a 

6 demonstrated record of effectively preparing 

7 high-quality principals or an evidenced-based 

8 plan for preparing principals to improve school9 level student outcomes in eligible schools; 

10 ‘‘(C) the extent to which the entity has a 

11 demonstrated record of effectiveness or an evi12 dence-based plan for providing principals 

13 trained by the entity with the guidance, sup14 port, and tools they need to improve school-level 

15 student outcomes in eligible schools, including 

16 providing principals with resources, such as 

17 funding to ensure supports for quality teaching, 

18 access to best practices, and decisionmaking au19 thority over areas such as personnel, budget, 

20 curriculum, or scheduling; 

21 ‘‘(D) the likelihood of the entity sustaining 

22 the project with funds other than funds pro23 vided under this section, which other funds may 

24 include funds provided under this title other 


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1 than this section, once the grant is no longer 

2 available to the entity; and 

3 ‘‘(E) the extent to which the proposed 

4 project will serve rural areas or high-poverty 

5 areas. 

6 ‘‘(d) AWARDING GRANTS.— 

7 ‘‘(1) PRIORITY.—In awarding grants under this 

8 section, the Secretary shall give priority to an eligi9 ble entity with a record of preparing or developing 

10 principals who— 

11 ‘‘(A) have improved school-level student 

12 outcomes; 

13 ‘‘(B) have become principals in eligible 

14 schools; and 

15 ‘‘(C) remain principals in eligible schools 

16 for multiple years. 

17 ‘‘(2) GRANTS FOR RURAL SCHOOLS AND LOW18 EST PERFORMING SCHOOLS.—In awarding grants 

19 under this section, the Secretary shall, consistent 

20 with the quality of applications— 

21 ‘‘(A) award not less than 1 grant to an eli22 gible entity that intends to establish a program 

23 that focuses on training or supporting prin24 cipals and other school leaders for rural schools; 

25 and 


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1 ‘‘(B) award not less than 1 grant to an eli2 gible entity that intends to establish a program 

3 to train and support principals and other school 

4 leaders to lead reform efforts in persistently 

5 low-achieving schools in a State or more than 1 

6 State. 

7 ‘‘(3) REFORM EFFORTS.—An eligible entity 

8 that receives a grant under this section to carry out 

9 a program described in paragraph (2)(B)— 

10 ‘‘(A) during the first year of the grant, 

11 shall use grant funds— 

12 ‘‘(i) to bring together experts and 

13 stakeholders who are committed to dra14 matic and effective reform of persistently 

15 low-achieving schools who can provide 

16 input about what the evidence base shows 

17 regarding effective school leadership in 

18 such schools; 

19 ‘‘(ii) to collect and develop, in con20 sultation with experts and stakeholders, a 

21 core body of knowledge regarding effective 

22 school reform leadership in persistently 

23 low-achieving schools, which is evidence24 based; 


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1 ‘‘(iii) to develop, drawing on the core 

2 body of knowledge developed in clause (ii), 

3 a leadership training program for prin4 cipals, mentors, and other school leaders, 

5 to prepare and support the principals, 

6 mentors, and leaders to lead effective 

7 school reform efforts in persistently low8 achieving schools; and 

9 ‘‘(B) during each year of the grant after 

10 the first year, shall use grant funds— 

11 ‘‘(i) to carry out the leadership train12 ing program described in subparagraph 

13 (A)(iii); 

14 ‘‘(ii) to ensure that the leadership 

15 training program described in subpara16 graph (A)(iii) is informed, on an ongoing 

17 basis, by consultation with experts and 

18 stakeholders, and by the program’s track19 ing of the performance of its graduates in 

20 leading school reform efforts in persistently 

21 low-achieving schools; 

22 ‘‘(iii) to select cohorts of trained or 

23 experienced principals to lead school re24 form efforts in persistently low-achieving 

25 schools; 


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1 ‘‘(iv) to provide support for, and en2 courage interaction among, cohorts of prin3 cipals after completion of the leadership 

4 training program described in subpara5 graph (A)(iii); and 

6 ‘‘(v) to disseminate information to 

7 principals, mentors, and other school lead8 ers engaging in reform efforts in persist9 ently low-achieving schools. 

10 ‘‘(e) ACTIVITIES.—Each eligible entity that receives 

11 a grant under this section shall use grant funds to carry 

12 out the following: 

13 ‘‘(1) To recruit and select, using rigorous, com14 petency-based, selection criteria, and train and sup15 port a diverse group of aspiring principals or current 

16 principals, or both, for work in eligible schools. 

17 ‘‘(2) Tracking participants to determine if such 

18 individuals are attaining, or have attained, the com19 petencies needed to complete the training and enter 

20 into an effective leadership role, and provide coun21 seling and, if appropriate, separation, to participants 

22 who the entity determines will not attain, or have 

23 not attained, those competencies. 

24 ‘‘(3) If the eligible entity provides a program 

25 for aspiring principals— 


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1 ‘‘(A) candidates shall demonstrate aware2 ness of and have experience with the knowledge, 

3 skills, and attitudes to— 

4 ‘‘(i) establish and maintain a profes5 sional learning community that effectively 

6 extracts information from data to improve 

7 the school culture and personalize instruc8 tion for all students to result in improved 

9 student achievement; 

10 ‘‘(ii) create and maintain a learning 

11 culture within the school that provides a 

12 climate conducive to the development of all 

13 members of the school community, includ14 ing one of continuous learning for adults 

15 tied to student learning and other school 

16 goals; 

17 ‘‘(iii) engage in continuous profes18 sional development, utilizing a combination 

19 of academic study, developmental simula20 tion exercises, self-reflection, mentorship, 

21 and internship; 

22 ‘‘(iv) understand youth development 

23 appropriate to the age level served by the 

24 school and from this knowledge set high 

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1 demic, social, emotional, and physical de2 velopment of all students; and 

3 ‘‘(v) actively engage the community to 

4 create shared responsibility for student 

5 academic performance and successful de6 velopment; and 

7 ‘‘(B) the program shall provide aspiring 

8 principals with— 

9 ‘‘(i) a preservice residency that is not 

10 less than 1 year in length, and that in11 cludes coaching from a mentor principal, 

12 and instructional leadership and organiza13 tional management experience; 

14 ‘‘(ii) focused coursework on instruc15 tional leadership, organizational manage16 ment, and the use of a variety of data for 

17 purposes of— 

18 ‘‘(I) instruction; 

19 ‘‘(II) evaluation and development 

20 of teachers; and 

21 ‘‘(III) development of highly ef22 fective school organizations; and 

23 ‘‘(iii) ongoing support, mentoring, and 

24 professional development for not less than 

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1 plete the residency and commence work as 

2 assistant principals and principals. 

3 ‘‘(4) To train mentors for principals who are 

4 serving or who wish to serve in eligible schools or for 

5 aspiring principals who wish to serve in such eligible 

6 schools, or for both. 

7 ‘‘(5) Providing differentiated training to partici8 pants in competencies that evidence shows are crit9 ical to improving school-level student outcomes in el10 igible schools, such as— 

11 ‘‘(A) recruiting, training, supervising, sup12 porting, and evaluating teachers and other 

13 staff; 

14 ‘‘(B) developing teams of effective school 

15 staff, and distributing among members of such 

16 teams responsibilities for leading and improving 

17 their schools; 

18 ‘‘(C) establishing learning communities 

19 where principals and teachers— 

20 ‘‘(i) share a school mission and goals 

21 with an explicit vision of quality teaching 

22 and learning that guides all instructional 

23 decisions; 

24 ‘‘(ii) commit to improving student 

25 outcomes and performances; 


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1 ‘‘(iii) set a continuous cycle of collec2 tive inquiry and improvement; 

3 ‘‘(iv) foster a culture of collaboration 

4 where teachers and principals work to5 gether on a regular basis to analyze and 

6 improve teaching and learning; and 

7 ‘‘(v) support and share leadership; 

8 ‘‘(D) where applicable for participants 

9 serving elementary schools, offering high-quality 

10 early childhood education to the students such 

11 participants are serving and facilitating the 

12 transition of children from early learning set13 tings to elementary school; 

14 ‘‘(E) setting high expectations for student 

15 achievement; 

16 ‘‘(F) addressing the unique needs of spe17 cific student populations served, such as stu18 dents with disabilities, students who are 

19 English learners, and students who are home20 less or in foster care; 

21 ‘‘(G) managing budget resources and 

22 school time to support high-quality instruction 

23 and improvements in student achievement, such 

24 as by extending the school day and year and 


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1 providing common planning time to teachers 

2 and staff; 

3 ‘‘(H) working effectively with students’ 

4 parents and other members of the community; 

5 ‘‘(I) using technology and multiple sources 

6 of data to personalize instruction; 

7 ‘‘(J) monitoring and improving the align8 ment and effectiveness of curriculum, instruc9 tion, and assessment, using a variety of data 

10 providing evidence of student and school out11 comes; and 

12 ‘‘(K) developing and maintaining a positive 

13 school culture where students, teachers and 

14 other staff are motivated to collaborate and 

15 work together to achieve goals. 

16 ‘‘(6) Delivering high-quality, differentiated, 

17 school-level support services and training to current 

18 principals of eligible schools, if the eligible entity 

19 provides a program for current principals, or during 

20 the period described in paragraph (3)(C) to individ21 uals who have completed the aspiring principal resi22 dency, if the eligible entity provides a program for 

23 aspiring principals, to help meet the specific needs 

24 of the eligible schools they serve, which may in25 clude— 


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1 ‘‘(A) training and support for the design of 

2 school-wide improvement plans based on the di3 agnosis of school conditions and needs informed 

4 by data and analysis of classroom and school 

5 practices; and 

6 ‘‘(B) support in organizing and training 

7 the teams described in paragraph (5)(B). 

8 ‘‘(7) Making available any training materials 

9 funded under the grant, such as syllabi, assign10 ments, or selection rubrics, to the Department for 

11 public dissemination. 

12 ‘‘(8) Tracking the effectiveness of the program 

13 based on, at a minimum— 

14 ‘‘(A) school-level student outcomes at the 

15 schools where program graduates have served 

16 as principals; 

17 ‘‘(B) the percentage of program graduates 

18 who become principals in eligible schools; and 

19 ‘‘(C) the percentage of program graduates 

20 who remain principals in eligible schools for 

21 multiple years. 

22 ‘‘(9) Using the data on the effectiveness of the 

23 program for, among other purposes, the continuous 

24 improvement of the program. 


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1 ‘‘(f) ANNUAL REPORT.—An eligible entity that re2 ceives a grant under this section shall submit an annual 

3 report, beginning in the third year of the grant, to the 

4 Secretary regarding— 

5 ‘‘(1) school-level student outcomes resulting 

6 from implementation of the grant activities; and 

7 ‘‘(2) data on— 

8 ‘‘(A) the percentage of program graduates 

9 who become principals in eligible schools; 

10 ‘‘(B) the percentage of graduates who re11 main principals in eligible schools for multiple 

12 years; and 

13 ‘‘(C) the percentage of program graduates 

14 who are highly rated, as determined by the 

15 State educational agency. 

16 ‘‘(g) MATCHING REQUIREMENT.— 

17 ‘‘(1) MATCHING REQUIREMENT.— 

18 ‘‘(A) IN GENERAL.—An eligible entity that 

19 receives a grant under this section shall con20 tribute annually to the activities assisted under 

21 such grant matching funds in an amount equal 

22 to not less than 20 percent of the amount of 

23 the grant from non-Federal sources. 


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1 ‘‘(B) MATCHING FUNDS.—The matching 

2 funds requirement under subparagraph (A) may 

3 be met by— 

4 ‘‘(i) contributions that are in cash or 

5 in kind, fairly evaluated; and 

6 ‘‘(ii) payments of a salary or stipend 

7 to an aspiring principal during the aspiring 

8 principal’s residency year. 

9 ‘‘(2) WAIVER.—The Secretary may waive or re10 duce the matching requirement under paragraph (1) 

11 if the eligible entity demonstrates a need for such 

12 waiver or reduction due to financial hardship. 

13 ‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Grant funds 

14 provided under this section shall be used to supplement, 

15 and not supplant, any other Federal, State, or local funds 

16 otherwise available to carry out the activities described in 

17 this section. 

18 ‘‘PART B—TEACHER PATHWAYS TO THE 

19 CLASSROOM 

20 ‘‘SEC. 2201. TEACHER PATHWAYS. 

21 ‘‘(a) PURPOSE.—It is the purpose of this section to 

22 support the recruitment, selection, preparation, place23 ment, retention, and support of teachers in high-need sub24 jects or fields who will improve student academic achieve25 ment and student outcomes at high-needs schools. 


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1 ‘‘(b) DEFINITIONS.—In this section: 

2 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en3 tity’ means— 

4 ‘‘(A) a partnership of— 

5 ‘‘(i) 1 or more institutions of higher 

6 education or nonprofit organizations; and 

7 ‘‘(ii) a high-need local educational 

8 agency and 1 or more other local edu9 cational agencies or State educational 

10 agencies; or 

11 ‘‘(B) an institution of higher education or 

12 a nonprofit organization that can demonstrate a 

13 record of— 

14 ‘‘(i) preparing teachers who are suc15 cessful in improving student achievement; 

16 and 

17 ‘‘(ii) placing a significant percentage 

18 of those teachers in high-need schools. 

19 ‘‘(2) TEACHER IN A HIGH-NEED SUBJECT OR

20 FIELD.—The term ‘teacher in a high-need subject or 

21 field’ means a teacher of— 

22 ‘‘(A) students with disabilities; 

23 ‘‘(B) English learners; or 

24 ‘‘(C) science, technology, engineering, or 

25 mathematics. 


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1 ‘‘(c) AUTHORIZATION OF GRANT AWARDS.—The Sec2 retary shall award grants to eligible entities to pay for the 

3 Federal share of the cost of carrying out the activities de4 scribed in this section. 

5 ‘‘(d) APPLICATIONS.—An eligible entity that desires 

6 to receive a grant under this section shall submit an appli7 cation to the Secretary at such time, in such manner, and 

8 accompanied by such information as the Secretary may 

9 require. 

10 ‘‘(e) CONSIDERATIONS.—In awarding grants under 

11 this section, the Secretary shall consider the geographic 

12 diversity of the eligible entities, including the distribution 

13 of grants among urban, suburban, and rural areas. 

14 ‘‘(f) PRIORITY.—In awarding grants under this sec15 tion, the Secretary shall give priority to applicants that 

16 demonstrate a record of— 

17 ‘‘(1) recruiting college undergraduates, recent 

18 college graduates, graduate students, and profes19 sionals with a demonstrated history of significant 

20 academic achievement to become teachers; 

21 ‘‘(2) recruiting and selecting candidates who 

22 are members of groups underrepresented in the 

23 teaching profession; and 


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1 ‘‘(3) preparing teachers who consistently im2 prove student academic achievement at high-need 

3 schools. 

4 ‘‘(g) REQUIRED USE OF FUNDS.—An eligible entity 

5 that receives a grant under this section shall use the grant 

6 funds for the following: 

7 ‘‘(1) To recruit, select, prepare, place, retain, 

8 and support teachers for high-need schools and 

9 teachers in high-need subjects or fields. 

10 ‘‘(2) To prepare all teachers to teach students 

11 with disabilities and English learners. 

12 ‘‘(3) To prepare teachers in classroom manage13 ment, instructional planning and delivery, learning 

14 theory and cognitive development, literacy develop15 ment, and student assessment. 

16 ‘‘(4) To provide school-based, clinical experience 

17 at a high-need school that includes observation of 

18 and feedback on teacher candidates’ teaching. 

19 ‘‘(5) To provide ongoing mentoring and sup20 port, which may include coursework, for participants 

21 for at least 1 school year. 

22 ‘‘(h) PERMISSIBLE USE OF GRANT FUNDS.—An eli23 gible entity that receives a grant under this section may 

24 use the grant funds to provide financial stipends for teach25 er candidates who are not the teacher of record. 


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1 ‘‘(i) PERFORMANCE AND GRANT RENEWAL.— 

2 ‘‘(1) TRACKING PERFORMANCE.—An eligible 

3 entity that receives a grant under this section 

4 shall— 

5 ‘‘(A) track the placement rate, retention 

6 rate, and performance in improving student 

7 academic achievement of teachers recruited and 

8 prepared by programs funded by the grant; and 

9 ‘‘(B) submit data on such performance to 

10 the Secretary. 

11 ‘‘(2) CONDITIONS FOR GRANT RENEWAL.—The 

12 Secretary shall evaluate the information submitted 

13 under paragraph (1) and renew a grant awarded 

14 under this section only if the data indicate the 

15 teachers are successful in improving student aca16 demic achievement. 

17 ‘‘(j) FISCAL AGENT.—The fiscal agent for an eligible 

18 entity that receives a grant under this section may be a 

19 local educational agency, State educational agency, insti20 tution of higher education, or nonprofit organization that 

21 is a partner in the eligible entity. 

22 ‘‘(k) MATCHING REQUIREMENTS.— 

23 ‘‘(1) FEDERAL SHARE.—Except as provided in 

24 paragraph (2)(B), the Federal share for this section 

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1 sisted under the grant as determined by the Sec2 retary. 

3 ‘‘(2) NON-FEDERAL SHARE.— 

4 ‘‘(A) IN GENERAL.—The non-Federal 

5 share provided by an eligible entity receiving a 

6 grant under this section shall be a percentage 

7 of the cost of the activities assisted under the 

8 grant as determined by the Secretary. The non9 Federal share may include in-kind contribu10 tions. 

11 ‘‘(B) SPECIAL RULE.—The Secretary may 

12 waive or reduce the amount of the non-Federal 

13 share described in subparagraph (A) for any 

14 fiscal year if the eligible entity demonstrates to 

15 the Secretary that the funds needed to carry 

16 out that subparagraph are unavailable due to 

17 economic hardship, as determined by the Sec18 retary. 

19 ‘‘(l) EVALUATION.—From the amount appropriated 

20 for this subpart and reserved for evaluation activities in 

21 accordance with section 9601(a), the Secretary, acting 

22 through the Director of the Institute of Education 

23 Sciences, shall, in consultation with the relevant program 

24 office at the Department— 


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1 ‘‘(1) evaluate the implementation and impact of 

2 the program under this section; 

3 ‘‘(2) identify best practices for recruiting, se4 lecting, preparing, placing, retaining, and supporting 

5 teachers in high-need subjects or fields for high-need 

6 schools; and 

7 ‘‘(3) disseminate research on best practices. 

8 ‘‘PART C—TEACHER INCENTIVE FUND PROGRAM 

9 ‘‘SEC. 2301. PURPOSES; DEFINITIONS. 

10 ‘‘(a) PURPOSES.—The purposes of this part are to 

11 assist States, local educational agencies, and nonprofit or12 ganizations to develop, implement, improve, or expand 

13 strategies to ensure that the most effective teachers and 

14 principals are serving in the lowest-performing schools. 

15 ‘‘(b) DEFINITIONS.—Except as otherwise provided, in 

16 this part: 

17 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en18 tity’ means— 

19 ‘‘(A) a local educational agency or a con20 sortium of local educational agencies, which 

21 may include a charter school that is a local edu22 cational agency; 

23 ‘‘(B) a State educational agency, or other 

24 State agency designated by the chief executive 

25 of a State to participate under this subpart; or 


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1 ‘‘(C) an institution of higher education or 

2 nonprofit organization, in partnership with an 

3 entity described in subparagraph (A) or (B). 

4 ‘‘(2) HIGHLY EFFECTIVE TEACHER OR PRIN5 CIPAL.—The term ‘highly effective teacher or prin6 cipal’ means a teacher or principal who has not less 

7 than 3 years of— 

8 ‘‘(A) receiving the highest ratings in a pro9 fessional growth and improvement system; or 

10 ‘‘(B) if a professional growth and improve11 ment system has not yet been implemented, re12 ceiving the highest rating category of an exist13 ing local educational agency teacher or principal 

14 evaluation system. 

15 ‘‘(3) HUMAN CAPITAL SYSTEM.—The term 

16 ‘human capital system’ means an evidence-based and 

17 data-driven system for— 

18 ‘‘(A) identifying, recruiting, training, hir19 ing, placing, and retaining those individuals 

20 who are or are most likely to be highly effective 

21 teachers and principals; 

22 ‘‘(B) attracting highly effective teachers 

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1 ment opportunities focused on increasing stu2 dent achievement; and 

3 ‘‘(C) retaining highly effective teachers and 

4 principals in high-need schools over time by cre5 ating school environments that enable excellent 

6 teaching, including through strategies such as 

7 personalized learning, project-based learning, 

8 blended learning, distributed leadership, career 

9 pathways, and time for collaboration and use of 

10 student data in professional learning commu11 nities. 

12 ‘‘SEC. 2302. TEACHER INCENTIVE FUND GRANTS. 

13 ‘‘(a) IN GENERAL.—From the amounts appropriated 

14 to carry out this part, the Secretary is authorized to award 

15 grants, on a competitive basis, to eligible entities to enable 

16 the eligible entities to develop, implement, improve, or ex17 pand strategies, including incentives and human capital 

18 systems to increase the number of highly effective teachers 

19 and principals serving in high-need schools. 

20 ‘‘(b) PRIORITY.—In awarding a grant under this 

21 part, the Secretary shall give priority to an eligible entity 

22 that concentrates the proposed activities in high-need 

23 schools designated as priority schools, as described in sec24 tion 1116(d), and then to an eligible entity that con25 centrates the proposed activities in a State or local eduVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00389 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 cational agency that has already developed a professional 

2 growth and improvement system required under section 

3 2122. 

4 ‘‘(c) APPLICATIONS.—To be eligible to receive a grant 

5 under this part, an eligible entity shall submit an applica6 tion to the Secretary, at such time and in such manner 

7 as the Secretary may reasonably require. The application 

8 shall include, as applicable— 

9 ‘‘(1) a description of the strategy that the eligi10 ble entity proposes to develop, implement, improve, 

11 or expand; 

12 ‘‘(2) a description and evidence of the support 

13 and commitment of teachers and principals in the 

14 school to be served by the project, the community, 

15 including community-based organizations, and the 

16 local educational agencies, including a demonstration 

17 of consultation with teachers and principals in the 

18 design and development of the proposal; 

19 ‘‘(3) a description of the local educational agen20 cy or school to be served by the project, including 

21 such student academic achievement, demographic, 

22 and socioeconomic information as the Secretary may 

23 request; 

24 ‘‘(4) a description of the quality of teachers and 

25 principals in the local educational agency and the 


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1 schools to be served by the project and how the 

2 project will increase the quality of teachers and prin3 cipals in a high-need school; 

4 ‘‘(5) a description of how the eligible entity will 

5 use grant funds under this part in each year of the 

6 grant to continuously increase the number of highly 

7 effective teachers and principals in the highest-need 

8 schools; 

9 ‘‘(6) a description of how the eligible entity will 

10 continue funding and carrying out the project after 

11 the grant period ends; 

12 ‘‘(7) a description of the State, local, or other 

13 public or private funds that will be used to supple14 ment the grant and sustain the activities assisted 

15 under the grant at the end of the grant period; and 

16 ‘‘(8) a description of the rationale and evidence 

17 base for the proposed activities and of any prior ex18 perience of the eligible entity in developing and im19 plementing such activities. 

20 ‘‘(d) USE OF FUNDS.—An eligible entity that receives 

21 a grant under this part shall use the grant funds to carry 

22 out activities that are designed to develop, implement, im23 prove, or expand strategies to increase the number of 

24 highly effective teachers or principals serving in high-need 

25 schools, consistent with this part, which may include— 


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1 ‘‘(1) paying bonuses and increased salaries, if 

2 the eligible entity uses an increasing share of non3 Federal funds to pay the bonuses and increased sal4 aries each year of the grant, to highly effective 

5 teachers or principals who work in high-need 

6 schools; 

7 ‘‘(2) improving a professional growth and im8 provement system required under section 2122; 

9 ‘‘(3) reforming the local educational agency’s 

10 system of compensating teachers and principals; and 

11 ‘‘(4) developing and implementing a human 

12 capital system. 

13 ‘‘(e) DURATION OF GRANTS.— 

14 ‘‘(1) IN GENERAL.—The Secretary may award 

15 a grant under this part for a period of not more 

16 than 5 years. 

17 ‘‘(2) LIMITATION.—A local educational agency 

18 may receive (whether individually or as part of a 

19 consortium or partnership) a grant under this part 

20 only twice. A second grant may be awarded only if 

21 the Secretary determines that the eligible entity has 

22 demonstrated sufficient progress and demonstrates 

23 the sustainability of the grant project after the expi24 ration of the grant period. 


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1 ‘‘(f) EQUITABLE GEOGRAPHIC DISTRIBUTION.—To 

2 the extent practicable, the Secretary shall ensure an equi3 table geographic distribution of grants under this part, in4 cluding the distribution between rural and urban areas. 

5 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Grant funds 

6 provided under this part shall be used to supplement, not 

7 supplant, other Federal, State, or local funds available to 

8 carry out the activities described in this part. 

9 ‘‘PART D—ACHIEVEMENT THROUGH 

10 TECHNOLOGY AND INNOVATION 

11 ‘‘SEC. 2401. SHORT TITLE. 

12 ‘‘This part may be cited as the ‘Achievement Through 

13 Technology and Innovation Act of 2013’ or the ‘ATTAIN 

14 Act’. 

15 ‘‘SEC. 2402. PURPOSES AND GOALS. 

16 ‘‘The purposes and goals of this part are— 

17 ‘‘(1) to ensure that through effective and inno18 vative uses of technology every student has access to 

19 personalized, rigorous, and relevant learning to meet 

20 the goals of this part to raise student achievement, 

21 close the achievement gap, and ensure highly effec22 tive teaching, and to prepare all students to be tech23 nology literate and make sufficient academic growth 

24 to succeed in the 21st century digital economy; 


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1 ‘‘(2) to evaluate, build upon, and increase the 

2 use of evidence-based and innovative systemic edu3 cation transformations that center on the use of 

4 technology that leads to school improvement, im5 proved productivity, and increased student achieve6 ment; 

7 ‘‘(3) to ensure that all educators are connected 

8 in an ongoing manner to technology-based and on9 line resources and supports, including through en10 hanced ongoing, meaningful professional develop11 ment to ensure that— 

12 ‘‘(A) all educators are technology literate 

13 and effectively use technology to improve in14 struction; and 

15 ‘‘(B) education administrators possess the 

16 capacity to— 

17 ‘‘(i) provide leadership in the use of 

18 technology for systemic education trans19 formation; and 

20 ‘‘(ii) improve educational productivity; 

21 ‘‘(4) to improve student engagement, oppor22 tunity, attendance, graduation rates, and technology 

23 access through enhanced or redesigned curriculum 

24 or instruction; 


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1 ‘‘(5) to more effectively collect and use student 

2 performance and other data in a timely manner to 

3 inform instruction, address individualized student 

4 needs, support school decisionmaking, and support 

5 school improvement and increased student achieve6 ment, including through delivery of computer-based 

7 and online assessments; 

8 ‘‘(6) to enhance the use of technology, online 

9 learning, and blended learning for systemic edu10 cation transformation, including curricula redesign 

11 and new instructional strategies to personalize learn12 ing; and 

13 ‘‘(7) to increase education productivity and re14 duce costs through the use of technology, blended 

15 learning, and online learning, including for the deliv16 ery of online assessments. 

17 ‘‘SEC. 2403. DEFINITIONS. 

18 ‘‘In this part: 

19 ‘‘(1) BLENDED LEARNING.—The term ‘blended 

20 learning’ means the combination of online learning 

21 and traditional in-person classroom instruction, or 

22 technology-based learning, in a supervised classroom 

23 setting with some element of student control over 

24 time, place, path or pace. 


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1 ‘‘(2) DIGITAL LEARNING.—The term ‘digital 

2 learning’ means any instructional practice that effec3 tively uses technology to strengthen a student’s 

4 learning experience and encompasses a wide spec5 trum of tools and practices, including— 

6 ‘‘(A) interactive learning resources that en7 gage students in academic content; 

8 ‘‘(B) access to online databases and other 

9 primary source documents; 

10 ‘‘(C) the use of data to personalize learn11 ing and provide targeted supplementary instruc12 tion; 

13 ‘‘(D) student collaboration with content ex14 perts and peers; 

15 ‘‘(E) online and computer-based assess16 ments; 

17 ‘‘(F) digital content, adaptive, and simula18 tion software or courseware, 

19 ‘‘(G) online courses, online instruction, or 

20 digital learning platforms; 

21 ‘‘(H) mobile and wireless technologies for 

22 learning in school and at home; 

23 ‘‘(I) learning environments that allow for 

24 rich collaboration and communication; 


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1 ‘‘(J) authentic audiences for learning in a 

2 relevant, real world experience; and 

3 ‘‘(K) teacher participation in virtual pro4 fessional communities of practice. 

5 ‘‘(3) ELIGIBLE TECHNOLOGY.—The term ‘eligi6 ble technology’ means modern information, com7 puter, and communication technology hardware, 

8 software, services, or tools, including computer or 

9 mobile hardware devices and other computer and 

10 communications hardware, software applications, 

11 systems and platforms, and digital and online con12 tent, courseware, and online instruction and other 

13 online services and supports. 

14 ‘‘(4) E-RATE PROGRAM.—The term ‘E-rate pro15 gram’ means the Schools and Libraries Universal 

16 Service Support Mechanism under section 

17 254(h)(1)(B) of the Communications Act of 1934 

18 (47 U.S.C. 254(h)(1)(B)). 

19 ‘‘(5) STUDENT TECHNOLOGY LITERACY.—The 

20 term ‘student technology literacy’ means student 

21 knowledge and skills in using contemporary informa22 tion, communication, and learning technologies in a 

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1 based, digital, and global 21st century, including, at 

2 a minimum, the ability to— 

3 ‘‘(A) effectively communicate and collabo4 rate; 

5 ‘‘(B) analyze and solve problems; 

6 ‘‘(C) access, evaluate, manage, and create 

7 information and otherwise gain information lit8 eracy; 

9 ‘‘(D) demonstrate creative thinking, con10 struct knowledge, and develop innovative prod11 ucts and processes; and 

12 ‘‘(E) carry out the activities described in 

13 subparagraphs (A) through (D) in a safe and 

14 ethical manner. 

15 ‘‘(6) TECHNOLOGY READINESS SURVEY.—The 

16 term ‘technology readiness survey’ means a survey 

17 completed by a local educational agency that pro18 vides standardized information comparable to the in19 formation collected through the technology readiness 

20 survey administered under the Race to the Top As21 sessment program under section 14006 of division A 

22 of the American Recovery and Reinvestment Act of 

23 2009 (Public Law 111–5) on the quantity and types 

24 of technology infrastructure and access available to 

25 the students served by the local educational agency, 


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1 including computer devices, Internet connectivity, 

2 operating systems, related network infrastructure, 

3 data systems, and— 

4 ‘‘(A) requiring— 

5 ‘‘(i) an internal review of the degree 

6 to which instruction, additional student 

7 support, and professional development is 

8 delivered in digital formats, media, and 

9 platforms and is available to students and 

10 educators at any time; 

11 ‘‘(ii) an internal review of the ability 

12 of educators to use assessments and other 

13 student data to personalize and strengthen 

14 instruction and identify professional devel15 opment needs and priorities; and 

16 ‘‘(iii) any other information required 

17 by the State educational agency serving 

18 the local educational agency; and 

19 ‘‘(B) may include an assessment of local 

20 community needs to ensure students have ade21 quate online access and access to devices for 

22 school-related work during out-of-school time. 


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1 ‘‘SEC. 2404. ALLOCATION OF FUNDS; LIMITATION. 

2 ‘‘(a) ALLOCATION OF FUNDS BETWEEN STATE AND

3 LOCAL INITIATIVES.—The funds made available to carry 

4 out this part shall be available to carry out subpart 1. 

5 ‘‘(b) LIMITATION.— 

6 ‘‘(1) LOCAL ADMINISTRATIVE COSTS.—Of the 

7 funds made available to a local educational agency 

8 under this part for a fiscal year, not more than 3 

9 percent may be used by the local educational agency 

10 for administrative costs. 

11 ‘‘(2) STATE ADMINISTRATIVE COSTS.—Of the 

12 funds made available to a State educational agency 

13 under section 2412(a)(1)(A), not more than 60 per14 cent may be used by the State educational agency 

15 for administrative costs. 

16 ‘‘SEC. 2405. E-RATE RESTRICTION. 

17 ‘‘Funds awarded under this part may be used to ad18 dress the networking needs of a recipient of such funds 

19 under the E-rate program, except that such funds may 

20 not be duplicative of support received by the recipient 

21 under the E-rate program. 

22 ‘‘SEC. 2406. RULE OF CONSTRUCTION REGARDING PUR23 CHASING. 

24 ‘‘Nothing in this part shall be construed to permit 

25 a recipient of funds under this part to purchase goods or 

26 services using such funds without ensuring that the purVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 chase is free of any conflict of interest between such recipi2 ent, or any partner of such recipient, and the person or 

3 entity from whom such goods or services are purchased. 

4 ‘‘Subpart 1—State and Local Grants 

5 ‘‘SEC. 2411. ALLOTMENT AND REALLOTMENT. 

6 ‘‘(a) RESERVATIONS AND ALLOTMENT.—From the 

7 amount made available to carry out this subpart for a fis8 cal year— 

9 ‘‘(1) the Secretary shall reserve— 

10 ‘‘(A) three-quarters of 1 percent for the 

11 Secretary of the Interior for programs under 

12 this subpart for schools operated or funded by 

13 the Bureau of Indian Education; and 

14 ‘‘(B) 1 percent to provide assistance under 

15 this subpart to the outlying areas; and 

16 ‘‘(2) subject to subsection (b), the Secretary 

17 shall use the remainder to award grants by allotting 

18 to each State educational agency an amount that 

19 bears the same relationship to such remainder for 

20 such year as the amount received under part A of 

21 title I for such year by such State educational agen22 cy bears to the amount received under such part for 

23 such year by all State educational agencies. 

24 ‘‘(b) MINIMUM ALLOTMENT.—The amount of any 

25 State educational agency’s allotment under subsection 


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1 (a)(2) for any fiscal year shall not be less than one-half 

2 of 1 percent of the amount made available for allotments 

3 to State educational agencies under this subpart for such 

4 year. 

5 ‘‘(c) REALLOTMENT OF UNUSED FUNDS.—The Sec6 retary shall reallot any unused amount of a State edu7 cational agency’s allotment to the remaining State edu8 cational agencies that use their entire allotments under 

9 this subpart in accordance with this section. 

10 ‘‘(d) MATCHING FUNDS.— 

11 ‘‘(1) IN GENERAL.—A State educational agency 

12 that receives a grant under subsection (a)(2) shall 

13 provide matching funds, from non-Federal sources, 

14 in an amount equal to 20 percent of the amount of 

15 grant funds provided to the State educational agency 

16 to carry out the activities supported by the grant. 

17 Such matching funds may be provided in cash or in18 kind except that any such in-kind contributions shall 

19 be provided for the purpose of supporting the State 

20 educational agency’s activities under section 2414. 

21 ‘‘(2) WAIVER.—The Secretary may waive the 

22 matching requirement under paragraph (1) for a 

23 State educational agency that demonstrates that 

24 such requirement imposes an undue financial hard25 ship on the State educational agency. 


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1 ‘‘SEC. 2412. USE OF ALLOTMENT BY STATE. 

2 ‘‘(a) IN GENERAL.— 

3 ‘‘(1) IN GENERAL.—Of the amount provided to 

4 a State educational agency under section 2411(a)(2) 

5 for a fiscal year— 

6 ‘‘(A) the State educational agency may use 

7 not more than 10 percent of such amount or 

8 $100,000, whichever amount is greater, to 

9 carry out activities under section 2414; and 

10 ‘‘(B) the State educational agency shall 

11 distribute the remainder in accordance with 

12 paragraphs (2) and (3). 

13 ‘‘(2) DISTRIBUTION OF REMAINDER.—The 

14 State educational agency shall— 

15 ‘‘(A)(i) use 80 percent of the remainder to 

16 award Improving Teaching and Learning 

17 through Technology subgrants to local edu18 cational agencies having applications approved 

19 under section 2415(c) for the activities de20 scribed in section 2416(b); and 

21 ‘‘(ii) allot to each such local educational 

22 agency an amount that bears the same relation23 ship to 80 percent of the remainder for such 

24 year as the amount received under part A of 

25 title I for such year by such local educational 

26 agency bears to the amount received under such 


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1 part for such year by all local educational agen2 cies within the State, subject to subsection 

3 (b)(2); and 

4 ‘‘(B) use 20 percent of the remainder to 

5 award Systemic Education Transformation 

6 through Technology Integration subgrants, 

7 through a State-determined competitive process, 

8 to local educational agencies having applications 

9 approved under section 2415(b) for the activi10 ties described in section 2416(a). 

11 ‘‘(3) OPTION IN YEARS WITH INSUFFICIENT

12 AMOUNTS APPROPRIATED.—If the amount provided 

13 to a State educational agency under section 

14 2411(a)(2) for a fiscal year is not large enough to 

15 provide every local educational agency with a min16 imum subgrant under subsection (b)(3), the State 

17 educational agency may distribute 100 percent of 

18 the remainder described in paragraph (1)(B) as ei19 ther formula grants under paragraph (2)(A) or com20 petitive grants under paragraph (2)(B). 

21 ‘‘(b) SUFFICIENT AMOUNTS.— 

22 ‘‘(1) SPECIAL RULE.—In awarding subgrants 

23 under subsection (a)(2)(B), the State educational 

24 agency shall— 


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1 ‘‘(A) ensure the subgrants are of sufficient 

2 size and scope to be effective, consistent with 

3 the purposes of this part; 

4 ‘‘(B) ensure subgrants are of sufficient du5 ration to be effective, consistent with the pur6 poses of this part, including by awarding sub7 grants for a period of not less than 2 years that 

8 may be renewed for not more than an addi9 tional 1 year; 

10 ‘‘(C) give preference in the awarding of 

11 subgrants, and the providing of all technical as12 sistance, to local educational agencies that serve 

13 schools identified as priority schools or focus 

14 schools under subsection (c) or (d) of section 

15 1116, including those schools with high popu16 lations of— 

17 ‘‘(i) English learners; 

18 ‘‘(ii) students with disabilities; or 

19 ‘‘(iii) other subgroups of students who 

20 have not met the State’s student academic 

21 achievement standards; and 

22 ‘‘(D) ensure an equitable distribution 

23 among urban and rural areas of the State, ac24 cording to the demonstrated need for assistance 


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1 under this subpart of the local educational 

2 agencies serving the areas. 

3 ‘‘(2) ADDITIONAL RESERVATION.—A State edu4 cational agency that forms a State purchasing con5 sortium under subsection 2414(c) may reserve an 

6 additional 1 percent to carry out the activities de7 scribed in subsection 2414 (c)(1) if such State edu8 cational agency receives direct approval from the 

9 local educational agencies receiving subgrants under 

10 subsection (a)(2). 

11 ‘‘(3) MINIMUM FORMULA-BASED SUBGRANT.— 

12 The amount of any local educational agency’s 

13 subgrant under subsection (a)(2)(A) for any fiscal 

14 year shall be not less than $3,000. 

15 ‘‘(c) REALLOTMENT OF UNUSED FUNDS.—If any 

16 local educational agency does not apply for a subgrant 

17 under subsection (a) for a fiscal year, or does not use the 

18 local educational agency’s entire allotment under this sub19 part for such fiscal year, the State shall reallot any unused 

20 funds to the remaining local educational agencies. 

21 ‘‘SEC. 2413. STATE APPLICATIONS. 

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

23 under this subpart, a State educational agency shall sub24 mit to the Secretary, at such time and in such manner 

25 as the Secretary may specify, an application containing 


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1 the information described in subsection (b) and such other 

2 information as the Secretary may reasonably require. 

3 ‘‘(b) CONTENTS.—Each State educational agency ap4 plication submitted under subsection (a) shall include each 

5 of the following: 

6 ‘‘(1) A description of how the State educational 

7 agency will support local educational agencies that 

8 receive subgrants under this subpart in meeting the 

9 purposes and goals of this part and the requirements 

10 of this subpart, including through technical assist11 ance in using technology to redesign curriculum and 

12 instruction, improve educational productivity, and 

13 deliver computer-based and online assessment. 

14 ‘‘(2) A description of the State educational 

15 agency’s long-term goals and strategies for improv16 ing student academic achievement, including student 

17 technology literacy, through the effective use of tech18 nology. 

19 ‘‘(3) A description of the priority area upon 

20 which the State educational agency will focus its as21 sistance under this subpart, which shall be identified 

22 from among the core academic subjects, grade levels, 

23 and student subgroup populations with the largest 

24 achievement gaps in the State. 


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1 ‘‘(4) A description of how the State educational 

2 agency will support local educational agencies to im3 plement professional development programs pursu4 ant to section 2416(b)(1)(A). 

5 ‘‘(5) A description of how the State educational 

6 agency will ensure that teachers, paraprofessionals, 

7 school librarians, and administrators possess the 

8 knowledge and skills to use technology— 

9 ‘‘(A) for curriculum redesign to change 

10 teaching and learning and improve student 

11 achievement; 

12 ‘‘(B) for assessment, data analysis, and to 

13 personalize learning; 

14 ‘‘(C) to improve student technology lit15 eracy; and 

16 ‘‘(D) for their own ongoing professional de17 velopment and for access to teaching resources 

18 and tools. 

19 ‘‘(6) A description of the process, activities, and 

20 performance measures that the State educational 

21 agency will use to evaluate the impact and effective22 ness of activities described in section 2414. 

23 ‘‘(7) Identification of the State college and ca24 reer ready academic content standards and college 

25 and career ready student academic achievement 


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1 standards that the State educational agency will use 

2 to ensure that each student is technologically lit3 erate, consistent with the definition of student tech4 nology literacy, and a description of how the State 

5 educational agency will assess student performance 

6 in gaining technology literacy, only for the purpose 

7 of tracking progress towards achieving the 8th grade 

8 technology literacy goal and not for accountability 

9 purposes as described in section 1111(a)(3), includ10 ing through embedding such assessment items in 

11 other State tests or performance-based assessment 

12 portfolios, or through other valid and reliable means. 

13 Nothing in this subpart shall be construed to require 

14 States to develop a separate test to assess student 

15 technology literacy. 

16 ‘‘(8) An assurance that financial assistance pro17 vided under this subpart will supplement, and not 

18 supplant, State and local funds. 

19 ‘‘(9) A description of how the State educational 

20 agency consulted with local educational agencies in 

21 the development of the State application. 

22 ‘‘(10) An assurance that the State educational 

23 agency will provide matching funds as required 

24 under section 2411(d). 


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1 ‘‘(11) A description of how the State edu2 cational agency will ensure that funds received under 

3 this part do not duplicate support received under the 

4 E-rate program. 

5 ‘‘(12) An assurance that the State educational 

6 agency will protect the privacy and safety of stu7 dents and teachers, consistent with the requirements 

8 of section 444 of the General Education Provisions 

9 Act (20 U.S.C. 1232g) (commonly known as the 

10 ‘Family Educational Rights and Privacy Act of 

11 1974’). 

12 ‘‘(13) A description of how the State edu13 cational agency will, in providing technical and other 

14 assistance to local educational agencies, give priority 

15 to schools identified as priority schools or focus 

16 schools under subsection (c) or (d) of section 1116, 

17 including those schools with high populations of— 

18 ‘‘(A) English learners; 

19 ‘‘(B) students with disabilities; or 

20 ‘‘(C) other subgroups of students who have 

21 not met the State’s student academic achieve22 ment standards; 

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1 cational agency’s data systems and eligible tech2 nology are interoperable. 

3 ‘‘(15) A description of— 

4 ‘‘(A) the State’s process for the adoption, 

5 acquisition, distribution, and use of content; 

6 ‘‘(B) how the State will ensure integrity of 

7 such processes; 

8 ‘‘(C) how such processes support the goals 

9 of this part or how a State will change such 

10 processes to support such goals; and 

11 ‘‘(D) how the State will ensure content 

12 quality. 

13 ‘‘(16) A description of the technology readiness 

14 in the State, as determined by local educational 

15 agency responses to the technology readiness survey, 

16 including— 

17 ‘‘(A) an assurance that not less than 90 

18 percent of the local educational agencies served 

19 by the State educational agency have completed 

20 and submitted the technology readiness survey 

21 to the State educational agency; and 

22 ‘‘(B) an assurance that the results of the 

23 technology readiness survey for each such local 

24 educational agency are made available to the 


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1 Secretary and the public through the website of 

2 the local educational agency. 

3 ‘‘SEC. 2414. STATE ACTIVITIES. 

4 ‘‘(a) MANDATORY ACTIVITIES.—From funds made 

5 available under section 2412(a)(1)(A), a State educational 

6 agency shall carry out each of the following activities: 

7 ‘‘(1) Identify the State college and career ready 

8 academic content standards and college and career 

9 ready student academic achievement standards that 

10 the State educational agency will use to ensure that 

11 each student is technologically literate consistent 

12 with the definition of student technology literacy. 

13 ‘‘(2) Assess student performance in gaining 

14 technology literacy consistent with paragraph (1), in15 cluding through embedding such assessment items in 

16 other State tests, performance-based assessments, or 

17 portfolios, or through other means, except that such 

18 assessments shall be used only to track student tech19 nology literacy and shall not be used for account20 ability purposes as described in section 1111(a)(3), 

21 and widely disseminate such results. 

22 ‘‘(3) Providing guidance, technical assistance, 

23 and other assistance, including in the priority area 

24 identified by the State pursuant to section 

25 2413(b)(3), to local educational agencies to— 


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1 ‘‘(A) identify and address technology readi2 ness needs; 

3 ‘‘(B) redesign curriculum and instruction, 

4 improve educational productivity, and deliver 

5 computer-based and online assessment; 

6 ‘‘(C) use technology, consistent with the 

7 principles of universal design for learning, to 

8 support the learning needs of all students, in9 cluding students with disabilities and English 

10 learners; 

11 ‘‘(D) support principals so that principals 

12 have the expertise to evaluate teachers’ pro13 ficiency in implementing digital tools for teach14 ing and learning; 

15 ‘‘(4) Developing or utilizing research-based or 

16 innovative strategies for the delivery of specialized or 

17 rigorous academic courses and curricula through the 

18 use of technology, including digital learning tech19 nologies and assistive technology. 

20 ‘‘(5) Integrating and coordinating activities 

21 under this part with other educational resources and 

22 programs across the State. 

23 ‘‘(6) Disseminating information, including mak24 ing publicly available on the website of the State 

25 educational agency, promising practices to improve 


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1 technology instruction, and acquiring and imple2 menting technology tools and applications. 

3 ‘‘(7) Coordinating with teacher and principal 

4 preparation programs to align digital learning teach5 ing standards. 

6 ‘‘(8) Providing, or supporting local educational 

7 agencies in providing, sustained and intensive, high8 quality professional development pursuant to section 

9 2416(b)(1)(A). 

10 ‘‘(b) PERMISSIVE ACTIVITIES.—From funds made 

11 available under section 2412(a)(1)(A), a State educational 

12 agency may carry out 1 or more of the following activities 

13 that assist local educational agencies: 

14 ‘‘(1) State leadership activities and technical as15 sistance that support achieving the purposes and 

16 goals of this part. 

17 ‘‘(2) Developing or utilizing research-based or 

18 innovative strategies for the delivery of specialized or 

19 rigorous academic courses and curricula through the 

20 use of technology, including distance learning tech21 nologies. 

22 ‘‘(3) Assessing student performance in gaining 

23 technology literacy consistent with subsection (a)(2), 

24 including through embedding such assessment items 


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1 in other State tests, performance-based assessments, 

2 or portfolios, or through other means. 

3 ‘‘(c) PURCHASING CONSORTIA.— 

4 ‘‘(1) IN GENERAL.—From funds made available 

5 under section 2412(a)(1)(A), a State educational 

6 agency receiving a grant under this subpart may— 

7 ‘‘(A) form a State purchasing consortium 

8 with 1 or more State educational agencies re9 ceiving such a grant to carry out the State ac10 tivities described in subsections (a) and (b), in11 cluding purchasing eligible technology; 

12 ‘‘(B) encourage local educational agencies 

13 to form local purchasing consortia under section 

14 2415; and 

15 ‘‘(C) promote pricing opportunities to local 

16 educational agencies for the purchase of eligible 

17 technology that are— 

18 ‘‘(i) negotiated by the State edu19 cational agency or the State purchasing 

20 consortium of the State educational agen21 cy; and 

22 ‘‘(ii) available to such local edu23 cational agencies. 


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1 ‘‘(2) RESTRICTIONS.—A State educational 

2 agency receiving a grant under section 

3 2412(a)(1)(A) shall not— 

4 ‘‘(A) except for promoting the pricing op5 portunities described in paragraph (1)(C), make 

6 recommendations to local educational agencies 

7 for, or require, use of any specific commercial 

8 products and services by local educational agen9 cies; 

10 ‘‘(B) require local educational agencies to 

11 participate in a State purchasing consortia or 

12 local purchasing consortia; or 

13 ‘‘(C) use more than the amount reserved 

14 under subsection 2412(a)(1)(A) to carry out the 

15 activities described in paragraph (1) unless the 

16 State educational agency receives approval in 

17 accordance with section 2412(b)(2). 

18 ‘‘SEC. 2415. LOCAL APPLICATIONS. 

19 ‘‘(a) IN GENERAL.—Each local educational agency 

20 desiring a subgrant under this subpart shall submit to the 

21 State educational agency an application containing a new 

22 or updated local long-range strategic educational tech23 nology plan, and such other information as the State edu24 cational agency may reasonably require, and shall include 

25 each of the following: 


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1 ‘‘(1) A description of how the local educational 

2 agency will align and coordinate the local edu3 cational agency’s use of funds under this subpart 

4 with— 

5 ‘‘(A) the local educational agency’s efforts 

6 to boost student achievement and close achieve7 ment gaps; 

8 ‘‘(B) the local educational agency’s tech9 nology plan; 

10 ‘‘(C) the local educational agency’s plans 

11 and activities for improving student achieve12 ment, including plans and activities under sec13 tions 1111, 1112, 1116, and 2123, as applica14 ble; and 

15 ‘‘(D) funds available from other Federal, 

16 State, and local sources. 

17 ‘‘(2) An assurance that financial assistance pro18 vided under this subpart will supplement, and not 

19 supplant, other funds available to carry out activities 

20 assisted under this subpart. 

21 ‘‘(3) A description of the process used to assess 

22 and, as needed, update technologies throughout the 

23 local educational agency. 

24 ‘‘(4) A description of how the local educational 

25 agency will— 


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1 ‘‘(A) enable schools served by the local 

2 educational agency to build the technological 

3 capacity and infrastructure (including through 

4 local purchasing of eligible technology), nec5 essary for the full implementation of online as6 sessments for all students (including students 

7 with disabilities and English learners); and 

8 ‘‘(B) ensure the interoperability of data 

9 systems and eligible technology. 

10 ‘‘(5) A description of the results of the tech11 nology readiness survey completed by the local edu12 cational agency. 

13 ‘‘(6) A description of the local educational agen14 cy’s student technology literacy standards, the agen15 cy’s goals for the technology skills for teachers and 

16 administrators, and an assurance that the student 

17 technology literacy standards meet the requirements 

18 of section 2403. 

19 ‘‘(7) A description of how the local educational 

20 agency will evaluate teachers’ proficiency and 

21 progress in implementing technology for teaching 

22 and learning. 

23 ‘‘(8) A description of how the local educational 

24 agency will ensure that principals have the expertise 

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1 plementing technology for teaching and learning and 

2 the interoperability of data systems and eligible tech3 nology. 

4 ‘‘(9) A description of— 

5 ‘‘(A) the local educational agency’s pro6 curement process and process for the creation, 

7 acquisition, distribution, and use of content; 

8 ‘‘(B) how the local educational agency will 

9 ensure the integrity of such processes; 

10 ‘‘(C) how such processes support the goals 

11 described in paragraph (1) or how a local edu12 cational agency will change such processes to 

13 support such goals; and 

14 ‘‘(D) how the local educational agency will 

15 ensure content quality. 

16 ‘‘(10) An assurance that the local educational 

17 agency will protect the privacy and safety of stu18 dents and teachers, consistent with requirements 

19 section 444 of the General Education Provisions Act 

20 (20 U.S.C. 1232g) (commonly known as the ‘Family 

21 Educational Rights and Privacy Act of 1974’). 

22 ‘‘(11) A description of how the local educational 

23 agency will ensure that the subgrant received under 

24 subsection (a) is not duplicative of support received 

25 under the E-rate program. 


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1 ‘‘(12) Such other information as the State edu2 cational agency may reasonably require. 

3 ‘‘(b) COMPETITIVE GRANTS; SYSTEMIC EDUCATION

4 TRANSFORMATION THROUGH TECHNOLOGY INTEGRA5 TION.—In addition to the information described in sub6 section (a), a local educational agency submitting an appli7 cation for a Systemic Education Transformation Through 

8 Technology Integration subgrant shall submit to the State 

9 educational agency an application containing each of the 

10 following: 

11 ‘‘(1) A description of how the local educational 

12 agency will use the subgrant funds to implement 

13 systemic education transformation, which is a com14 prehensive set of programs, practices, and tech15 nologies to improve student achievement and close 

16 achievement gaps that— 

17 ‘‘(A) collectively lead to school or school 

18 district change and improvement, including in 

19 the use of technology; and 

20 ‘‘(B) incorporate all of the following ele21 ments: 

22 ‘‘(i) Reform or redesign of curriculum, 

23 instruction, assessment, use of data, or 

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1 ing opportunity, and engagement in learn2 ing. 

3 ‘‘(ii) Improvement of educator quality, 

4 knowledge and skills, and effectiveness 

5 through ongoing, sustainable, timely, and 

6 contextual professional development de7 scribed in section 2416(b)(1)(A). 

8 ‘‘(iii) Ongoing use of formative and 

9 other assessments and other timely data 

10 sources and data systems to more effec11 tively identify individual student learning 

12 needs and personalize learning. 

13 ‘‘(iv) Engagement of school district 

14 leaders, school leaders, and classroom edu15 cators. 

16 ‘‘(v) Programs, practices, and tech17 nologies that are based on scientific re18 search. 

19 ‘‘(2) An assurance that the local educational 

20 agency will use not less than 25 percent of the 

21 subgrant funds to implement a program of profes22 sional development described in section 

23 2416(b)(1)(A). 


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1 ‘‘(3) A description of how the local educational 

2 agency will evaluate the impact of 1 or more pro3 grams or activities carried out under this subpart. 

4 ‘‘(c) FORMULA GRANTS; IMPROVING TEACHING AND

5 LEARNING THROUGH TECHNOLOGY.—In addition to the 

6 information described in subsection (a), a local educational 

7 agency submitting an application for an Improving Teach8 ing and Learning Through Technology subgrant shall sub9 mit to the State educational agency an application con10 taining each of the following: 

11 ‘‘(1) An assurance that the local educational 

12 agency will use not less than 40 percent of the 

13 subgrant funds for ensuring educators, including 

14 teachers and administrators, are technology literate, 

15 prepared to use technology to improve the cur16 riculum and instruction, and are connected online to 

17 supports and resources, including— 

18 ‘‘(A) for professional development de19 scribed in section 2416(b)(1)(A); and 

20 ‘‘(B) to provide educators with ongoing ac21 cess to technology tools, applications, supports 

22 and other resources, including those related 

23 specifically to such professional development ac24 tivities. 


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1 ‘‘(2) A description of the local educational agen2 cy’s program of professional development described 

3 in section 2416(b)(1)(A). 

4 ‘‘(3) A description of the use of technology 

5 tools, applications, and other resources to improve 

6 student learning and achievement in the area of pri7 ority identified under paragraph (4). 

8 ‘‘(4) A description of the priority area subgrant 

9 funds will target, identified from among the core 

10 academic subjects, grade levels, and student sub11 group populations in which the most number of stu12 dents served by the local educational agency are not 

13 proficient. 

14 ‘‘(5) A description of how funds will be used to 

15 integrate technology to redesign the curriculum or 

16 instruction, implement computer-based and online 

17 assessments, improve use of data to personalize 

18 learning, or improve education productivity. 

19 ‘‘(d) COMBINED APPLICATIONS.—A local educational 

20 agency that submits an application under subsection (b), 

21 may, upon notice to the State educational agency, submit 

22 a single application that will also be considered as an ap23 plication for subgrant funds awarded under subsection (c), 

24 if the application addresses each application requirement 

25 under subsections (a), (b), and (c). 


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1 ‘‘SEC. 2416. LOCAL ACTIVITIES. 

2 ‘‘(a) COMPETITIVE GRANTS; SYSTEMIC EDUCATION

3 TRANSFORMATION THROUGH TECHNOLOGY INTEGRA4 TION.—A local educational agency that receives funds 

5 through a subgrant under section 2412(a)(2)(B), shall 

6 carry out activities to improve student learning, tech7 nology literacy, and achievement, as follows: 

8 ‘‘(1) Use not less than 5 percent of such funds 

9 to evaluate the impact of 1 or more programs or ac10 tivities carried out under the subgrant as identified 

11 in the local educational agency’s application and ap12 proved by the State educational agency. 

13 ‘‘(2) Use funds remaining after carrying out 

14 paragraph (1) to implement a plan for systemic edu15 cation transformation in 1 or more schools, in ac16 cordance with section 2415(b)(1), including each of 

17 the following: 

18 ‘‘(A) Using not less than 25 percent of 

19 subgrant funds to ensure educators, including 

20 teachers and administrators, are technology lit21 erate, prepared to use technology to improve 

22 the curriculum and instruction, and are con23 nected online to supports and resources, includ24 ing through the following: 

25 ‘‘(i) Professional development activi26 ties, as described in subsection (b)(1)(A). 


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1 ‘‘(ii) The acquisition and implementa2 tion of technology tools, applications, and 

3 other resources to provide educators with 

4 ongoing access and support, including for 

5 use in the professional development activi6 ties described in clause (i). 

7 ‘‘(B) Acquiring and effectively imple8 menting technology tools, applications, and 

9 other resources in conjunction with enhancing 

10 or redesigning the curriculum or instruction in 

11 order to— 

12 ‘‘(i) increase student learning oppor13 tunity or access, student engagement in 

14 learning, or student attendance or gradua15 tion rates; 

16 ‘‘(ii) improve student achievement in 

17 1 or more of the core academic subjects; 

18 and 

19 ‘‘(iii) improve student technology lit20 eracy. 

21 ‘‘(C) Acquiring and effectively imple22 menting eligible technology, tools, applications, 

23 and other resources to— 

24 ‘‘(i) conduct ongoing formative and 

25 other assessments and use other timely 


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1 data sources and data systems to more ef2 fectively identify and address individual 

3 student learning needs; 

4 ‘‘(ii) support personalized student 

5 learning, including through instructional 

6 software and digital content that supports 

7 the learning needs of each student, or 

8 through providing access to high-quality 

9 courses and instructors otherwise not avail10 able except through technology and online 

11 learning; 

12 ‘‘(iii) conduct other activities con13 sistent with research-based or innovative 

14 systemic education transformation, includ15 ing activities that increase parental in16 volvement; and 

17 ‘‘(iv) address readiness shortfalls iden18 tified under the technology readiness sur19 vey completed by the local educational 

20 agency. 

21 ‘‘(b) FORMULA GRANTS; IMPROVING TEACHING AND

22 LEARNING THROUGH TECHNOLOGY.—A local educational 

23 agency that receives funds through a subgrant under sec24 tion 2412(a)(2)(A), shall carry out activities to improve 

25 student learning, technology literacy, and achievement in 


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1 the area of priority identified under section 2415(c)(4), 

2 as follows: 

3 ‘‘(1) Use not less than 40 percent of such funds 

4 for professional development activities that are 

5 aligned with activities supported under section 2123 

6 to improve educator effectiveness and quality 

7 through support for the following: 

8 ‘‘(A) Training of school personnel, which— 

9 ‘‘(i) shall include the development, ac10 quisition, or delivery of— 

11 ‘‘(I) training that is ongoing, sus12 tainable, timely, and directly related 

13 to up-to-date teaching content areas; 

14 ‘‘(II) training in strategies and 

15 pedagogy in the core academic sub16 jects that involve use of technology 

17 and curriculum redesign as key com18 ponents of changing teaching and 

19 learning and improving student 

20 achievement and technology literacy; 

21 ‘‘(III) training in the use of com22 puter-based and online assessments, 

23 and in the use of student performance 

24 and other data for individualized in25 struction; 


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1 ‘‘(IV) training that includes on2 going communication and follow-up 

3 with instructors, facilitators, and 

4 peers; and 

5 ‘‘(ii) may include— 

6 ‘‘(I) the use of, and training of, 

7 instructional technology specialists, 

8 mentors, master teachers, or coaches 

9 to serve as experts and train other 

10 teachers in the effective use of tech11 nology; and 

12 ‘‘(II) the use of technology, such 

13 as distance learning and online virtual 

14 educator-to-educator peer commu15 nities, as a means for delivering pro16 fessional development. 

17 ‘‘(B) The acquisition and implementation 

18 of eligible technology, tools, applications, and 

19 other resources to be employed in the profes20 sional development activities described in sub21 paragraph (A). 

22 ‘‘(2) Use funds remaining after carrying out 

23 paragraph (1) to acquire or implement technology 

24 tools, applications, and other resources to improve 

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1 ment in the area of priority identified by the local 

2 educational agency, including through 1 or more of 

3 the following: 

4 ‘‘(A) Conducting ongoing formative assess5 ment and using other timely data sources and 

6 data systems to more effectively identify and 

7 address individual student learning needs. 

8 ‘‘(B) Supporting personalized student 

9 learning, including through instructional soft10 ware and digital content that supports the 

11 learning needs of each student, or through pro12 viding access to high-quality courses and in13 structors not otherwise available except through 

14 technology such as online learning. 

15 ‘‘(C) Increasing parental involvement 

16 through improved communication with teachers 

17 and access to student assignments and grades. 

18 ‘‘(D) Enhancing accountability, instruc19 tion, and data-driven decisionmaking through 

20 data systems that allow for management, anal21 ysis, and disaggregating of student, teacher, 

22 and school data. 

23 ‘‘(E) Such other activities as are appro24 priate and consistent with the goals and pur25 poses of this part. 


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1 ‘‘(c) MULTIPLE GRANTS.—A local educational agency 

2 that receives subgrants under both subparagraph (A) and 

3 subparagraph (B) of section 2412(a)(2) may use all such 

4 subgrant funds for activities authorized under subsection 

5 (a). 

6 ‘‘(d) MODIFICATION OF FUNDING ALLOCATIONS.—A 

7 State educational agency may authorize a local edu8 cational agency to modify the percentage of the local edu9 cational agency’s subgrant funds required to carry out the 

10 activities described in subsections (a) or (b) if the local 

11 educational agency demonstrates that such modification 

12 will assist the local educational agency in more effectively 

13 carrying out such activities. 

14 ‘‘(e) PURCHASING CONSORTIA.—Local educational 

15 agencies receiving subgrants under subsection (a) or (b) 

16 may— 

17 ‘‘(1) form a local purchasing consortia with 

18 other such local educational agencies to carry out 

19 the activities described in subsection (a) or (b), in20 cluding purchasing eligible technology; and 

21 ‘‘(2) use such funds for purchasing eligible 

22 technology through a State purchasing consortia 

23 under section 2414(c). 


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1 ‘‘SEC. 2417. REPORTING. 

2 ‘‘(a) LOCAL EDUCATIONAL AGENCIES.—Each local 

3 educational agency receiving a subgrant under this part 

4 shall submit to the State educational agency that awarded 

5 such subgrant an annual report that meets the require6 ments of subsection (c). 

7 ‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 

8 educational agency receiving a grant under this subpart 

9 shall submit to the Secretary an annual report that meets 

10 the requirements of subsection (c). 

11 ‘‘(c) REPORT REQUIREMENTS.—A report submitted 

12 under subsection (a) or (b) shall include, at a minimum, 

13 a description of— 

14 ‘‘(1) the status of the State educational agen15 cy’s plan described in section 2413(b)(1) or the local 

16 educational agency’s technology plan under section 

17 2415(a)(1)(B), as applicable; 

18 ‘‘(2) the categories of eligible technology ac19 quired with funds under this subpart and how such 

20 technology is being used; 

21 ‘‘(3) the professional development activities 

22 funded under this subpart, including types of activi23 ties and entities involved in providing such profes24 sional development to classroom teachers and other 

25 staff, such as school librarians; 


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1 ‘‘(4) the instruction, strategies, activities, and 

2 curricula used in the programs funded under this 

3 subpart; and 

4 ‘‘(5) the types of programs funded under this 

5 subpart. 

6 ‘‘Subpart 2—Internet Safety 

7 ‘‘SEC. 2421. INTERNET SAFETY. 

8 ‘‘(a) IN GENERAL.—No funds made available under 

9 this part to a local educational agency for an elementary 

10 school or secondary school that does not receive services 

11 at discount rates under section 254(h)(5) of the Commu12 nications Act of 1934 (47 U.S.C. 254(h)(5)) may be used 

13 to purchase computers used to access the Internet, or to 

14 pay for direct costs associated with accessing the Internet, 

15 for such school unless the school, school board, local edu16 cational agency, or other authority with responsibility for 

17 administration of such school both— 

18 ‘‘(1)(A) has in place a policy of Internet safety 

19 for minors that includes the operation of a tech20 nology protection measure with respect to any of its 

21 computers with Internet access that protects against 

22 access through such computers to visual depictions 

23 that are— 

24 ‘‘(i) obscene; 

25 ‘‘(ii) child pornography; or 


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1 ‘‘(iii) harmful to minors; and 

2 ‘‘(B) is enforcing the operation of such tech3 nology protection measure during any use of such 

4 computers by minors; and 

5 ‘‘(2)(A) has in place a policy of Internet safety 

6 that includes the operation of a technology protec7 tion measure with respect to any of its computers 

8 with Internet access that protects against access 

9 through such computers to visual depictions that 

10 are— 

11 ‘‘(i) obscene; or 

12 ‘‘(ii) child pornography; and 

13 ‘‘(B) is enforcing the operation of such tech14 nology protection measure during any use of such 

15 computers. 

16 ‘‘(b) TIMING AND APPLICABILITY OF IMPLEMENTA17 TION.— 

18 ‘‘(1) IN GENERAL.—The local educational agen19 cy with responsibility for a school covered by sub20 section (a) shall certify the compliance of such 

21 school with the requirements of subsection (a) as 

22 part of the application process for each program 

23 funding year. 

24 ‘‘(2) PROCESS.— 


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1 ‘‘(A) SCHOOLS WITH INTERNET SAFETY

2 POLICIES AND TECHNOLOGY PROTECTION

3 MEASURES IN PLACE.—A local educational 

4 agency with responsibility for a school covered 

5 by subsection (a) that has in place an Internet 

6 safety policy meeting the requirements of sub7 section (a) shall certify its compliance with sub8 section (a) during each annual program applica9 tion cycle under this part. 

10 ‘‘(B) SCHOOLS WITHOUT INTERNET SAFE11 TY POLICIES AND TECHNOLOGY PROTECTION

12 MEASURES IN PLACE.— 

13 ‘‘(i) CERTIFICATION.—A local edu14 cational agency with responsibility for a 

15 school covered by subsection (a) that does 

16 not have in place an Internet safety policy 

17 meeting the requirements of subsection (a) 

18 for each year in which the local educational 

19 agency is applying for funds for such 

20 school under this part, shall certify that it 

21 is undertaking such actions, including any 

22 necessary procurement procedures, to put 

23 in place an Internet safety policy that 

24 meets such requirements. 


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1 ‘‘(ii) INELIGIBILITY.—Any school cov2 ered by subsection (a) for which the local 

3 educational agency concerned is unable to 

4 certify compliance with such requirements 

5 for a year shall be ineligible for all funding 

6 under this part for such year and all sub7 sequent years until such time as such 

8 school comes into compliance with such re9 quirements. 

10 ‘‘(c) DISABLING DURING CERTAIN USE.—An admin11 istrator, supervisor, or person authorized by the respon12 sible authority under subsection (a) may disable the tech13 nology protection measure concerned to enable access for 

14 bona fide research or other lawful purposes. 

15 ‘‘(d) NONCOMPLIANCE.— 

16 ‘‘(1) USE OF GENERAL EDUCATION PROVISIONS

17 ACT REMEDIES.—Whenever the Secretary has reason 

18 to believe that any recipient of funds under this part 

19 is failing to comply substantially with the require20 ments of this section, the Secretary may— 

21 ‘‘(A) withhold further payments to the re22 cipient under this part; 

23 ‘‘(B) issue a complaint to compel compli24 ance of the recipient through a cease and desist 

25 order; or 


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1 ‘‘(C) enter into a compliance agreement 

2 with a recipient to bring it into compliance with 

3 such requirements, 

4 in same manner as the Secretary is authorized to 

5 take such actions under sections 455, 456, and 457, 

6 respectively, of the General Education Provisions 

7 Act. 

8 ‘‘(2) RECOVERY OF FUNDS PROHIBITED.—The 

9 actions authorized by paragraph (1) are the exclu10 sive remedies available with respect to the failure of 

11 a school to comply substantially with a provision of 

12 this section, and the Secretary shall not seek a re13 covery of funds from the recipient for such failure. 

14 ‘‘(3) RECOMMENCEMENT OF PAYMENTS.— 

15 Whenever the Secretary determines (whether by cer16 tification or other appropriate evidence) that a re17 cipient of funds who is subject to the withholding of 

18 payments under paragraph (1)(A) has cured the fail19 ure providing the basis for the withholding of pay20 ments, the Secretary shall cease the withholding of 

21 payments to the recipient under that paragraph. 

22 ‘‘(e) DEFINITIONS.—In this subpart: 

23 ‘‘(1) ACCESS TO INTERNET.—A computer shall 

24 be considered to have access to the Internet if such 

25 computer is equipped with a modem or is connected 


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1 to a computer network that has access to the Inter2 net. 

3 ‘‘(2) ACQUISITION OR OPERATION.—An elemen4 tary school or secondary school shall be considered 

5 to have received funds under this part for the acqui6 sition or operation of any computer if such funds are 

7 used in any manner, directly or indirectly— 

8 ‘‘(A) to purchase, lease, or otherwise ac9 quire or obtain the use of such computer; or 

10 ‘‘(B) to obtain services, supplies, software, 

11 or other actions or materials to support, or in 

12 connection with, the operation of such com13 puter. 

14 ‘‘(3) CHILD PORNOGRAPHY.—The term ‘child 

15 pornography’ has the meaning given that term in 

16 section 2256 of title 18, United States Code. 

17 ‘‘(4) COMPUTER.—The term ‘computer’ in18 cludes any hardware, software, or other technology 

19 attached or connected to, installed in, or otherwise 

20 used in connection with a computer. 

21 ‘‘(5) HARMFUL TO MINORS.—The term ‘harm22 ful to minors’ means any picture, image, graphic 

23 image file, or other visual depiction that— 


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1 ‘‘(A) taken as a whole and with respect to 

2 minors, appeals to a prurient interest in nudity, 

3 sex, or excretion; 

4 ‘‘(B) depicts, describes, or represents, in a 

5 patently offensive way with respect to what is 

6 suitable for minors, an actual or simulated sex7 ual act or sexual contact, actual or simulated 

8 normal or perverted sexual acts, or a lewd exhi9 bition of the genitals; and 

10 ‘‘(C) taken as a whole, lacks serious lit11 erary, artistic, political, or scientific value as to 

12 minors. 

13 ‘‘(6) MINOR.—The term ‘minor’ means an indi14 vidual who has not attained the age of 17. 

15 ‘‘(7) OBSCENE.—The term ‘obscene’ has the 

16 meaning applicable to that term under section 1460 

17 of title 18, United States Code. 

18 ‘‘(8) SEXUAL ACT AND SEXUAL CONTACT.—The 

19 terms ‘sexual act’ and ‘sexual contact’ have the 

20 meanings given those terms in section 2246 of title 

21 18, United States Code. 

22 ‘‘(f) SEVERABILITY.—If any provision of this section 

23 is held invalid, the remainder of this section shall not be 

24 affected thereby.’’. 


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1 TITLE III—LANGUAGE AND ACA2 DEMIC CONTENT INSTRUC3 TION FOR ENGLISH LEARN4 ERS AND IMMIGRANT STU5 DENTS 

6 SEC. 3001. LANGUAGE AND ACADEMIC CONTENT INSTRUC7 TION FOR ENGLISH LEARNERS AND IMMI8 GRANT STUDENTS. 

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

10 as follows: 

11 ‘‘TITLE III—LANGUAGE AND ACA12 DEMIC CONTENT INSTRUC13 TION FOR ENGLISH LEARN14 ERS AND IMMIGRANT STU15 DENTS 

16 ‘‘PART A—ENGLISH LANGUAGE ACQUISITION, 

17 LANGUAGE ENHANCEMENT, AND ACADEMIC 

18 ACHIEVEMENT ACT 

19 ‘‘SEC. 3101. SHORT TITLE. 

20 ‘‘This part may be cited as the ‘English Language 

21 Acquisition, Language Enhancement, and Academic 

22 Achievement Act’. 

23 ‘‘SEC. 3102. PURPOSES. 

24 ‘‘The purposes of this part are— 


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1 ‘‘(1) to ensure that English learners, including 

2 immigrant children and youth, achieve English pro3 ficiency; 

4 ‘‘(2) to supplement the other services under this 

5 Act and related programs designed to ensure that 

6 English learners develop high levels of academic at7 tainment and meet the college and career ready 

8 standards under section 1111(a)(1); 

9 ‘‘(3) to support States as they— 

10 ‘‘(A) adopt English language proficiency 

11 standards that include not less than 4 levels of 

12 English proficiency; 

13 ‘‘(B) establish statewide frameworks for 

14 identifying and supporting English learners; 

15 and 

16 ‘‘(C) adopt valid and reliable assessments 

17 of English proficiency aligned to— 

18 ‘‘(i) English language proficiency 

19 standards; 

20 ‘‘(ii) the statewide criteria for identi21 fying English learners,; 

22 ‘‘(iii) entering and exiting criteria; 

23 and 

24 ‘‘(iv) a statewide system for sup25 porting English learners; and 


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1 ‘‘(4) to support the efforts of early childhood 

2 educators, teachers, school leaders, State educational 

3 agencies, and local educational agencies to develop 

4 and enhance the capacity and flexibility needed to— 

5 ‘‘(A) provide evidence-based, linguistically 

6 and culturally appropriate services to assist 

7 English learners supported under this part in— 

8 ‘‘(i) attaining English language pro9 ficiency; 

10 ‘‘(ii) meeting college and career ready 

11 academic content standards under section 

12 1111(a)(1); and 

13 ‘‘(iii) achieving school readiness before 

14 kindergarten entry; 

15 ‘‘(B) implement such services effectively; 

16 ‘‘(C) evaluate the impact of such services 

17 on school readiness, English language pro18 ficiency, and academic content knowledge; 

19 ‘‘(D) modify such services as appropriate 

20 to meet the needs of students; and 

21 ‘‘(E) create the conditions for learning nec22 essary to meet the needs of English learners so 

23 English learners can access rigorous academic 

24 content; and 


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1 ‘‘(5) to promote family and community partici2 pation in language instruction educational programs 

3 in communities for parents of English learners. 

4 ‘‘Subpart 1—Grants and Subgrants for English 

5 Language Acquisition and Language Enhancement 

6 ‘‘SEC. 3111. FORMULA GRANTS TO STATES. 

7 ‘‘(a) IN GENERAL.—In the case of each State edu8 cational agency having a plan approved by the Secretary 

9 for a fiscal year under section 3113, the Secretary shall 

10 make a grant for the year to the agency for the purposes 

11 specified in subsection (b). The grant shall consist of the 

12 allotment determined for the State educational agency 

13 under subsection (c). 

14 ‘‘(b) USE OF FUNDS.— 

15 ‘‘(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The 

16 Secretary may make a grant under subsection (a) 

17 only if the State educational agency involved agrees 

18 to expend not less than 95 percent of the State edu19 cational agency’s allotment under subsection (c) for 

20 a fiscal year— 

21 ‘‘(A) to award subgrants, from allocations 

22 under section 3114, to eligible entities to carry 

23 out the activities described in section 3115 

24 (other than subsection (e) of that section); and 


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1 ‘‘(B) to award subgrants under section 

2 3114(d)(1) to eligible entities that are described 

3 in that subsection to carry out the activities de4 scribed in section 3115(d). 

5 ‘‘(2) STATE ACTIVITIES.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), each State educational agency re8 ceiving a grant under subsection (a) may re9 serve not more than 10 percent of the agency’s 

10 allotment under subsection (c) for the purpose 

11 of carrying out 1 or more of the following ac12 tivities: 

13 ‘‘(i) Establishing and implementing a 

14 framework for identifying English learners 

15 that includes not less than 4 levels of 

16 English proficiency that— 

17 ‘‘(I) can reasonably be measured; 

18 ‘‘(II) are based on actual student 

19 performance; and 

20 ‘‘(III) shall be used for identifica21 tion, placement in English language 

22 instruction, reporting, and account23 ability purposes. 

24 ‘‘(ii) Establishing and implementing 

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1 trance and exit procedures, including a re2 quirement that all students who may be 

3 English learners are assessed for such sta4 tus within 30 days of enrollment in a 

5 school in the State. 

6 ‘‘(iii) Establishing and implementing 

7 policies to support local educational agen8 cies as local educational agencies ensure 

9 the continuity of English-learner identifica10 tion and English proficiency level for stu11 dents who transfer between local edu12 cational agencies. 

13 ‘‘(iv) Adopting and implementing 

14 high-quality, evidence-based English lan15 guage proficiency standards and matching 

16 assessments that identify not less than 4 

17 levels of English proficiency and that are 

18 aligned with the college and career ready 

19 standards under section 1111(a)(1) adopt20 ed by the State for each grade level that— 

21 ‘‘(I) set high expectations regard22 ing academic achievement and lin23 guistic proficiency for English learn24 ers at all levels of proficiency; and 


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1 ‘‘(II) support teachers as teach2 ers enhance instruction to support 

3 English learners. 

4 ‘‘(v) Establishing and implementing 

5 systems and policies to encourage and fa6 cilitate the sharing of highly effective prac7 tices for serving English learners among 

8 local educational agencies. 

9 ‘‘(vi) Developing, in States where 20 

10 percent of the English learner population 

11 has the same native language and a min12 imum of 10,000 students speak that lan13 guage, native-language content assess14 ments for students of that language group 

15 who cannot yet access the content in 

16 English, and incorporating the results of 

17 those assessments into the accountability 

18 system established under section 

19 1111(a)(3) and 1116. 

20 ‘‘(vii) Providing technical assistance 

21 to local educational agencies regarding pro22 fessional development and family and com23 munity outreach and engagement. 

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1 reach and school readiness in early edu2 cation settings. 

3 ‘‘(ix) As appropriate, developing cur4 ricula appropriate for dual-language in5 structional environments. 

6 ‘‘(x) Planning, administration, and 

7 interagency coordination. 

8 ‘‘(B) LIMITATION.—A State may use not 

9 more than one-third of the amount reserved 

10 under subparagraph (A) or $175,000, which11 ever is greater, for the activities described in 

12 subparagraph (A)(x). 

13 ‘‘(c) RESERVATIONS AND ALLOTMENTS.— 

14 ‘‘(1) RESERVATIONS.—From the amount appro15 priated under section 3(j) for each fiscal year, the 

16 Secretary shall reserve— 

17 ‘‘(A) 0.5 percent or $5,000,000 of such 

18 amount, whichever is greater, for payments to 

19 eligible entities that are defined under section 

20 3112(a) for activities, approved by the Sec21 retary, consistent with this subpart; 

22 ‘‘(B) 0.5 percent of such amount for pay23 ments to outlying areas, to be allotted in ac24 cordance with their respective needs for assist25 ance under this subpart (as determined by the 


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•S 1094 IS

1 Secretary) for activities that are approved by 

2 the Secretary and consistent with the purposes 

3 of this subpart; 

4 ‘‘(C) 3.5 percent of such amount for na5 tional activities under subpart 3, except that 

6 not more than 0.5 percent of such amount shall 

7 be reserved for evaluation activities conducted 

8 by the Secretary and not more than $2,000,000 

9 of such amount may be reserved for the Na10 tional Clearinghouse for English Learner Sup11 port and Educational Programs described in 

12 section 3203; and 

13 ‘‘(D) 3 percent of such amount for tech14 nical assistance provided to States under sec15 tion 3122(c). 

16 ‘‘(2) STATE ALLOTMENTS.— 

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraph (B), from the amount appro19 priated under section 3(j) for each fiscal year 

20 that remains after making the reservations 

21 under paragraph (1), the Secretary shall allot 

22 to each State educational agency having a plan 

23 approved under section 3113(c)— 

24 ‘‘(i) an amount that bears the same 

25 relationship to 80 percent of the remainder 


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1 as the number of English learners in the 

2 State bears to the number of such children 

3 in all States , as determined by using data 

4 in accordance with paragraph (3); and 

5 ‘‘(ii) an amount that bears the same 

6 relationship to 20 percent of the remainder 

7 as the number of immigrant children and 

8 youth in the State bears to the number of 

9 such children and youth in all States, as 

10 determined based only on data available 

11 from the American Community Survey 

12 conducted by the Department of Com13 merce. 

14 ‘‘(B) MINIMUM ALLOTMENTS.—No State 

15 educational agency shall receive an allotment 

16 under this paragraph that is less than 

17 $500,000. 

18 ‘‘(C) REALLOTMENT.—If any State edu19 cational agency described in subparagraph (A) 

20 does not submit a plan to the Secretary for a 

21 fiscal year, or submits a plan (or any amend22 ment to a plan) that the Secretary, after rea23 sonable notice and opportunity for a hearing, 

24 determines does not satisfy the requirements of 

25 this subpart, the Secretary shall reallot any 


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1 portion of such allotment to the remaining 

2 State educational agencies in accordance with 

3 subparagraph (A). 

4 ‘‘(D) SPECIAL RULE FOR PUERTO RICO.— 

5 The total amount allotted to Puerto Rico for 

6 any fiscal year under subparagraph (A) shall 

7 not exceed 0.5 percent of the total amount al8 lotted to all States for that fiscal year. 

9 ‘‘(3) USE OF DATA FOR DETERMINATIONS.—In 

10 making State allotments under paragraph (2)(A)(i), 

11 for each fiscal year, the Secretary shall determine 

12 the number of English learners in a State and in all 

13 States, for each fiscal year, using the most accurate, 

14 up-to-date data, which may be— 

15 ‘‘(A) data available from the American 

16 Community Survey conducted by the Depart17 ment of Commerce, which may be multiyear es18 timates; 

19 ‘‘(B) the number of students assessed as 

20 not having attained English language pro21 ficiency, based on the State’s English language 

22 proficiency assessment under section 

23 1111(a)(2)(D), which may be multi-year esti24 mates; 


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1 ‘‘(C) a combination of data available under 

2 subparagraphs (A) and (B); or 

3 ‘‘(D) the most reliable source of data avail4 able to the Secretary for determining the num5 ber of immigrant children and youth in a State 

6 and in all States. 

7 ‘‘SEC. 3112. NATIVE AMERICAN AND ALASKA NATIVE CHIL8 DREN IN SCHOOL. 

9 ‘‘(a) ELIGIBLE ENTITIES.—For the purpose of car10 rying out programs under this part for individuals served 

11 by elementary schools, secondary schools, and postsec12 ondary schools operated predominately for Native Amer13 ican children (including Alaska Native children), the fol14 lowing shall be considered to be an eligible entity: 

15 ‘‘(1) An Indian tribe. 

16 ‘‘(2) A tribally sanctioned educational author17 ity. 

18 ‘‘(3) A Native Hawaiian or Native American 

19 Pacific Islander native language educational organi20 zation. 

21 ‘‘(4) An elementary school or secondary school 

22 that is operated or funded by the Bureau of Indian 

23 Education of the Department of the Interior, or a 

24 consortium of such schools. 


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1 ‘‘(5) An elementary school or secondary school 

2 operated under a contract with or grant from the 

3 Bureau of Indian Education of the Department of 

4 the Interior, in consortium with another such school 

5 or a tribal or community organization. 

6 ‘‘(6) An elementary school or secondary school 

7 operated by the Bureau of Indian Education of the 

8 Department of the Interior and an institution of 

9 higher education, in consortium with an elementary 

10 school or secondary school operated under a contract 

11 with or grant from the Bureau of Indian Education 

12 of the Department of the Interior or a tribal or com13 munity organization. 

14 ‘‘(b) SUBMISSION OF APPLICATIONS FOR ASSIST15 ANCE.—Notwithstanding any other provision of this part, 

16 an entity that is considered to be an eligible entity under 

17 subsection (a) that desires to receive Federal financial as18 sistance under this subpart, shall submit an application 

19 to the Secretary. 

20 ‘‘(c) SPECIAL RULES.— 

21 ‘‘(1) INELIGIBILITY FOR MULTIPLE AWARDS

22 FOR SAME PERIOD.—An eligible entity described in 

23 subsection (a) that receives a grant under this sec24 tion shall not be eligible to receive a subgrant under 

25 section 3114 for the same period. 


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1 ‘‘(2) NATIVE AMERICAN LANGUAGE PRO2 GRAMS.—An eligible entity described in subsection 

3 (a) that receives a grant under this section may, in 

4 addition to other activities supported under this sub5 part, use the grant funds to support Native Amer6 ican language immersion programs and Native 

7 American language restoration programs, which may 

8 be taught by traditional or tribal leaders. 

9 ‘‘SEC. 3113. STATE EDUCATIONAL AGENCY PLANS. 

10 ‘‘(a) PLAN REQUIRED.—Each State educational 

11 agency desiring a grant under this subpart shall submit 

12 a plan to the Secretary at such time, in such manner, and 

13 containing such information as the Secretary may require. 

14 ‘‘(b) CONTENTS.—Each plan submitted under sub15 section (a) shall— 

16 ‘‘(1) describe the process that the agency will 

17 use in awarding subgrants to eligible entities under 

18 this subpart; 

19 ‘‘(2) include high-quality, evidence-based 

20 English language proficiency standards aligned with 

21 the college and career ready standards adopted by 

22 the State and described in section 1111(a)(1) for 

23 each grade level that— 


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1 ‘‘(A) set high expectations regarding aca2 demic achievement and linguistic proficiency for 

3 English learners at all levels of proficiency; and 

4 ‘‘(B) support teachers as teachers enhance 

5 curriculum and instruction to support English 

6 learners; 

7 ‘‘(3) include a statewide framework for identi8 fying, supporting, and exiting English learners 

9 that— 

10 ‘‘(A) is aligned with the English language 

11 proficiency standards described in paragraph 

12 (2); and 

13 ‘‘(B) includes not less than 4 levels of pro14 ficiency; 

15 ‘‘(4) describe the statewide framework adopted 

16 under paragraph (3), including a justification for the 

17 number of levels of proficiency, the defining charac18 teristics of each level, and a description of the extent 

19 to which students can use the English language to 

20 access rigorous academic content at each level of 

21 English language proficiency; 

22 ‘‘(5) include a State English language pro23 ficiency assessment system that— 

24 ‘‘(A) is valid, reliable, and aligned to the 

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1 scribed in paragraph (2) and the statewide 

2 framework described in paragraph (3); and 

3 ‘‘(B) provides relevant information to edu4 cators to better meet the needs of the English 

5 learners being served; 

6 ‘‘(6) describe how the State will ensure that— 

7 ‘‘(A) each student is proficient in academic 

8 English not more than 5 years after being iden9 tified as an English learner; and 

10 ‘‘(B) in the case of a student who is an 

11 English learner who will graduate from sec12 ondary school in less than 5 years of being 

13 identified as an English learner— 

14 ‘‘(i) such English learner student will 

15 receive not less than 5 years of services to 

16 help the student attain English proficiency; 

17 ‘‘(ii) such English learner student will 

18 continue to receive services to gain English 

19 proficiency after graduation from sec20 ondary school, through a memorandum of 

21 understanding between the local edu22 cational agency and a local institution of 

23 higher education; and 

24 ‘‘(iii) if such English learner student 

25 does not attain English proficiency not 


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1 more than 5 years after being identified as 

2 an English learner, the student will not be 

3 counted as a graduating student in the 

4 State or local educational agency’s calcula5 tion of the graduation rate; 

6 ‘‘(7) provide an assurance the State will include 

7 English language proficiency assessment results as a 

8 representative and significant portion of the State9 designed professional growth and improvement sys10 tem, and a description of the process for doing so; 

11 ‘‘(8) provide an assurance the State will include 

12 English language proficiency assessment results as a 

13 significant portion of the State-designed professional 

14 growth and improvement system for all teachers of 

15 English learners, and a description of the process for 

16 doing so; 

17 ‘‘(9) describe how the State educational agency 

18 will support local educational agencies in assisting 

19 English learners in acquiring proficiency in each of 

20 the 4 language domains of reading, writing, speak21 ing, and listening, as measured by the State’s 

22 English language proficiency assessment; 

23 ‘‘(10) describe how the State educational agen24 cy will encourage and facilitate the sharing of high25 ly-effective practices for serving English learners 


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1 among local educational agencies, and, to the extent 

2 practicable, early childhood education programs; 

3 ‘‘(11) describe how the State educational agen4 cy will coordinate programs and activities carried 

5 out under this subpart with the other programs and 

6 activities that such agency carries out under this 

7 Act, the Individuals with Disabilities Education Act, 

8 the Carl D. Perkins Career and Technical Education 

9 Act of 2006, the Head Start Act, the Child Care 

10 and Development Block Grant Act of 1990 (42 

11 U.S.C. 9858 et seq.), the Workforce Investment Act 

12 of 1998 (29 U.S.C. 2801 et seq.), and the McKin13 ney-Vento Homeless Assistance Act; 

14 ‘‘(12) describe how the agency will assist eligi15 ble entities in increasing the extent to which English 

16 learners acquire English language proficiency within 

17 the time frame described in paragraph (6), as in18 formed by evidence-based practices; 

19 ‘‘(13) provide an assurance eligible entities in 

20 the State will be given the flexibility to teach 

21 English learners using a language instruction cur22 riculum that has been demonstrated to be effective; 

23 ‘‘(14) describe how the agency will manage sub24 grants awarded under this subpart, including— 


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1 ‘‘(A) how the agency will ensure subgrant 

2 funds are expended to support the provision of 

3 services to help English learners achieve 

4 English language proficiency and meet the 

5 State’s college and career ready academic con6 tent standards, which may include using a evi7 dence-based language instruction curriculum; 

8 ‘‘(B) how the agency will monitor eligible 

9 entities receiving a subgrant under this part to 

10 ensure compliance with applicable Federal fiscal 

11 requirements, while also assisting such entities 

12 in building their capacity to offer high-quality 

13 services; and 

14 ‘‘(C) how the agency will, in awarding sub15 grants under section 3114, address the needs of 

16 local educational agencies of all sizes and in all 

17 geographic areas, including local educational 

18 agencies that serve rural and urban schools; 

19 ‘‘(15) identify the lowest performing local edu20 cational agencies in the State (regarding the activi21 ties described in this title) and describe how the 

22 State will ensure that those local educational agen23 cies improve; and 

24 ‘‘(16) provide an assurance the plan has been 

25 developed in consultation with local educational 


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•S 1094 IS

1 agencies, teachers, administrators of programs de2 scribed under this part, parents, family members, 

3 community partners, and other relevant stake4 holders. 

5 ‘‘(c) APPROVAL.— 

6 ‘‘(1) IN GENERAL.—The Secretary, after using 

7 a peer review process, shall approve a plan sub8 mitted under subsection (a) if the plan meets the re9 quirements of this section. 

10 ‘‘(2) FREQUENCY AND DURATION.—The State 

11 shall resubmit the plan submitted under subsection 

12 (a) every 4 years, and such resubmissions shall coin13 cide with the years that the State submits a State 

14 plan under title I. 

15 ‘‘(3) ADDITIONAL INFORMATION.— 

16 ‘‘(A) AMENDMENTS.—If a State edu17 cational agency amends the plan approved 

18 under this subsection, the agency shall submit 

19 the amendment to the Secretary. 

20 ‘‘(B) APPROVAL.—The Secretary shall ap21 prove an amendment to an approved plan, un22 less the Secretary determines that the amend23 ment will result in the agency not meeting the 

24 requirements, or fulfilling the purposes, of this 

25 part. 


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1 ‘‘(d) CONSOLIDATED PLAN.—A plan submitted under 

2 subsection (a) may be submitted as part of a State consoli3 dated plan. 

4 ‘‘(e) SECRETARY ASSISTANCE.—The Secretary shall 

5 provide technical assistance, if requested, in the develop6 ment of English language proficiency standards, perform7 ance targets, and assessments. 

8 ‘‘SEC. 3114. WITHIN-STATE ALLOCATIONS. 

9 ‘‘(a) IN GENERAL.—After making the reservation re10 quired under subsection (d)(1), each State educational 

11 agency receiving a grant under section 3111(c)(2) shall 

12 award subgrants for a fiscal year by allocating, in a timely 

13 manner, to each eligible entity in the State having a plan 

14 approved under section 3116, an amount that bears the 

15 same relationship to the amount received under the grant 

16 and remaining after making such reservation as the popu17 lation of English learners in public and nonpublic schools 

18 served by the eligible entity bears to the population of 

19 English learners in public and nonpublic schools served 

20 by all eligible entities in the State. 

21 ‘‘(b) LIMITATION.—A State educational agency shall 

22 not award a subgrant from an allocation made under sub23 section (a) if the amount of such subgrant would be less 

24 than $10,000. 


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1 ‘‘(c) REALLOCATION.—Whenever a State educational 

2 agency determines that an amount from an allocation 

3 made to an eligible entity under subsection (a) for a fiscal 

4 year will not be used by the entity for the purpose for 

5 which the allocation was made, the agency shall, in accord6 ance with such rules as the agency determines to be appro7 priate, reallocate such amount, consistent with such sub8 section, to other eligible entities in the State that the agen9 cy determines will use the amount to carry out that pur10 pose. 

11 ‘‘(d) REQUIRED RESERVATION.—A State educational 

12 agency receiving a grant under this subpart for a fiscal 

13 year— 

14 ‘‘(1) may reserve not more than 15 percent of 

15 the agency’s allotment under section 3111(c)(2) to 

16 award subgrants to eligible entities in the State that 

17 have experienced a significant increase, as compared 

18 to the average of the 2 preceding fiscal years, in the 

19 percentage or number of immigrant children and 

20 youth, including students with interrupted formal 

21 education, who have enrolled, during the fiscal year 

22 preceding the fiscal year for which the subgrant is 

23 made, in public and nonpublic elementary schools 

24 and secondary schools in the geographic areas under 

25 the jurisdiction of, or served by, such entities; and 


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1 ‘‘(2) in awarding subgrants under paragraph 

2 (1)— 

3 ‘‘(A) shall consider eligible entities that 

4 satisfy the requirement of such paragraph but 

5 have limited or no experience in serving immi6 grant children and youth, including students 

7 with interrupted formal education,; 

8 ‘‘(B) shall consider eligible entities that ex9 perience a significant increase in the percentage 

10 of immigrant children and youth served, includ11 ing students with interrupted formal education, 

12 and eligible entities that experience a significant 

13 increase in the number of immigrant children 

14 and youth served, including students with inter15 rupted formal education; and 

16 ‘‘(C) shall consider the quality of each local 

17 plan under section 3116 and ensure that each 

18 subgrant is of sufficient size and scope to meet 

19 the purposes of this part. 

20 ‘‘SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES. 

21 ‘‘(a) PURPOSES OF SUBGRANTS.—A State edu22 cational agency may make a subgrant to an eligible entity 

23 from funds received by the agency under this subpart only 

24 if the entity agrees to expend the funds to supplement the 

25 education of English learners by helping English learners 


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1 learn English and meet the State college and career ready 

2 academic content and student academic achievement 

3 standards. The eligible subgrantee shall carry out activi4 ties with such funds, using evidence-based approaches and 

5 methodologies that have been demonstrated to be effective 

6 for teaching English learners and immigrant children and 

7 youth, for the following purposes: 

8 ‘‘(1) Developing and implementing new lan9 guage instruction educational programs and aca10 demic content instruction programs for English 

11 learners and immigrant children and youth, includ12 ing early childhood education programs, elementary 

13 school programs, and secondary school programs. 

14 ‘‘(2) Carrying out highly focused, innovative, lo15 cally designed, evidence-based activities to expand or 

16 enhance existing language instruction educational 

17 programs and academic content instruction pro18 grams for English learners and immigrant children 

19 and youth. 

20 ‘‘(3) Implementing, within an individual school, 

21 whole school programs for restructuring, reforming, 

22 and upgrading all relevant programs, activities, and 

23 operations relating to language instruction edu24 cational programs and academic content instruction 


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1 for English learners and immigrant children and 

2 youth. 

3 ‘‘(4) Implementing, within the entire jurisdic4 tion of a local educational agency, agencywide pro5 grams for restructuring, reforming, and upgrading 

6 all relevant programs, activities, and operations re7 lating to language instruction educational programs 

8 and academic content instruction for English learn9 ers and immigrant children and youth. 

10 ‘‘(b) ADMINISTRATIVE EXPENSES.—Each eligible en11 tity receiving funds under section 3114(a) for a fiscal year 

12 may use not more than 2 percent of such funds for the 

13 cost of administering this subpart. 

14 ‘‘(c) ALLOWABLE ACTIVITIES.—An eligible agency 

15 that receives a subgrant under section 3114 may use 

16 subgrant funds to meet the academic and language needs 

17 of English learners, in order to meet the performance tar18 gets described under section 3121, by carrying out the fol19 lowing activities: 

20 ‘‘(1)(A) Developing an individual performance 

21 target for each English learner that is not less than 

22 the rate of growth in English proficiency necessary 

23 for the student to achieve proficiency not more than 

24 5 years after being identified as an English learner; 

25 and 


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1 ‘‘(B) in the case of a student who will graduate 

2 from secondary school in less than 5 years, ensuring 

3 that— 

4 ‘‘(i) such student will receive not less than 

5 4 years of services to help the student attain 

6 English proficiency; 

7 ‘‘(ii) the student will continue to receive 

8 services to gain English proficiency after grad9 uation from secondary school, through a part10 nership between the local educational agency 

11 and a local institution of higher education; and 

12 ‘‘(iii) if a student described in this sub13 paragraph does not attain English proficiency 

14 not more than 5 years after being identified as 

15 an English learner, the student will not be 

16 counted as a graduating student in the local 

17 educational agency’s calculation of the gradua18 tion rate. 

19 ‘‘(2) Developing and carrying out sustained, 

20 long term, job-embedded, data driven professional 

21 development for educators that includes— 

22 ‘‘(A) specific knowledge and skills school 

23 leaders need to— 


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1 ‘‘(i) implement evidence-based strate2 gies to create positive conditions for learn3 ing; 

4 ‘‘(ii) create conditions for learning; 

5 ‘‘(iii) support effective, evidence-based 

6 instructional programs; 

7 ‘‘(iv) design comprehensive profes8 sional growth plans for educators who 

9 serve English learners; 

10 ‘‘(v) develop the capacity of content11 area teachers to meet the unique cultural, 

12 language, and academic needs of English 

13 learners; and 

14 ‘‘(vi) meet the unique needs, cultural 

15 and otherwise, of families of English learn16 ers; 

17 ‘‘(B) specific knowledge and skills teachers 

18 of English learners need to— 

19 ‘‘(i) implement evidence-based instruc20 tional strategies for improving English 

21 learner acquisition of academic language; 

22 ‘‘(ii) meet the academic and language 

23 needs of English learners of different ages; 

24 and 


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1 ‘‘(iii) meet the unique needs, cultural 

2 and otherwise, of families of English learn3 ers; and 

4 ‘‘(C) specific knowledge and skills content5 area teachers need to— 

6 ‘‘(i) adapt, accommodate, and enhance 

7 academic content curricula and assess8 ments, to the greatest extent practicable, 

9 to ensure that English learners can access 

10 academic content while maintaining the 

11 high expectations necessary to meet the 

12 performance targets described under sec13 tion 3121 and the college and career ready 

14 standards described in section 1111(a)(1); 

15 ‘‘(ii) execute evidence-based instruc16 tional strategies for improving English 

17 learner acquisition of content-specific lan18 guage and concepts; 

19 ‘‘(iii) execute evidence-based instruc20 tional practices for improving English 

21 learner acquisition of academic language; 

22 and 

23 ‘‘(iv) meet the unique needs, cultural 

24 and otherwise, of families of English learn25 ers. 


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1 ‘‘(3) Implementing and carrying out opportuni2 ties for teachers of English learners and content3 area teachers to plan collaboratively during contract 

4 hours. 

5 ‘‘(4) Implementing or enhancing schoolwide 

6 data analysis and intervention teams to improve the 

7 achievement of English learners. 

8 ‘‘(5) Developing, implementing, and carrying 

9 out not less than 1 of the following family engage10 ment strategies: 

11 ‘‘(A) Implementing community school mod12 els and related activities, such as opening school 

13 facilities to community-based organizations, es14 tablishing parent institutes, operating or sup15 porting co-location with family literacy pro16 grams, and establishing co-location with public 

17 assistance programs. 

18 ‘‘(B) Providing compensatory time to allow 

19 teachers to conduct home visits, or establishing 

20 a home visiting program in collaboration with a 

21 community-based organization. 

22 ‘‘(C) Establishing native-language family 

23 outreach call centers. 

24 ‘‘(D) Other evidence-based outreach strate25 gies. 


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1 ‘‘(6) As necessary, acquiring evidence-based 

2 curricular and instructional materials designed to 

3 meet the needs of English learners. 

4 ‘‘(d) ACTIVITIES BY AGENCIES EXPERIENCING SUB5 STANTIAL INCREASES IN IMMIGRANT CHILDREN AND

6 YOUTH.— 

7 ‘‘(1) IN GENERAL.—An eligible entity receiving 

8 funds under section 3114(d)(1) shall use the funds 

9 to pay for activities that provide enhanced instruc10 tional opportunities for immigrant children and 

11 youth, including students with interrupted formal 

12 education, which may include— 

13 ‘‘(A) family literacy, parent and family 

14 outreach, and leadership development activities 

15 designed to assist parents and family members 

16 in becoming engaged participants in the edu17 cation and development of their children; 

18 ‘‘(B) recruitment of, and support for, per19 sonnel, including early childhood educators, 

20 teachers, and paraprofessionals who have been 

21 specifically trained, or are being trained, to pro22 vide services to immigrant children and youth; 

23 ‘‘(C) the provision of tutorials, mentoring, 

24 and academic or career counseling for immi25 grant children and youth; 


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1 ‘‘(D) identification, development, and ac2 quisition of curricular materials, educational 

3 software, and technologies to be used in the 

4 program carried out with funds awarded under 

5 section 3114(a); 

6 ‘‘(E) basic instructional services that are 

7 directly attributable to the presence in the local 

8 educational agency involved of immigrant chil9 dren and youth, including the payment of costs 

10 of providing additional classroom supplies and 

11 costs of transportation; 

12 ‘‘(F) such other costs that are directly at13 tributable to such additional basic instructional 

14 services or that are designed to assist immi15 grant children and youth to achieve in elemen16 tary schools and secondary schools in the 

17 United States, such as programs of introduction 

18 to the educational system and civics education; 

19 and 

20 ‘‘(G) activities, coordinated with commu21 nity-based organizations (including community22 based organizations providing early childhood 

23 education programs), institutions of higher edu24 cation, private sector entities, or other entities 

25 with expertise in working with immigrants, to 


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1 assist parents of immigrant children and youth 

2 by offering comprehensive community services. 

3 ‘‘(2) DURATION OF SUBGRANTS.—The duration 

4 of a subgrant made by a State educational agency 

5 under section 3114(d)(1) shall be determined by the 

6 agency in the agency’s discretion. 

7 ‘‘(e) SELECTION OF METHOD OF INSTRUCTION.— 

8 ‘‘(1) IN GENERAL.—An eligible entity receiving 

9 a subgrant from a State educational agency under 

10 this subpart shall select 1 or more methods or forms 

11 of evidence-based instruction to be used in the pro12 grams and activities undertaken by the entity in as13 sisting English learners in attaining English lan14 guage proficiency and meeting State college and ca15 reer ready academic content standards and student 

16 academic achievement standards under section 

17 1111(a)(1) in order to be college and career ready. 

18 ‘‘(2) CONSISTENCY.—The selection of methods 

19 or forms of instruction, as described under para20 graph (1), shall be consistent with sections 3125 

21 through 3128. 

22 ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Federal funds 

23 made available under this subpart shall be used so as to 

24 supplement the level of Federal, State, and local public 

25 funds that, in the absence of such availability, would have 


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1 been expended for programs for English learners and im2 migrant children and youth and in no case to supplant 

3 such Federal, State, and local public funds. 

4 ‘‘SEC. 3116. LOCAL PLANS. 

5 ‘‘(a) PLAN REQUIRED.—Each eligible entity desiring 

6 a subgrant from a State educational agency under section 

7 3114 shall submit a plan to the State educational agency 

8 at such time, in such manner, and containing such infor9 mation as the State educational agency may require. 

10 ‘‘(b) CONTENTS.—Each plan submitted under sub11 section (a) for a subgrant under section 3114(a) shall, at 

12 a minimum— 

13 ‘‘(1) describe the evidence-based programs and 

14 activities proposed to be developed, implemented, 

15 and administered under the subgrant, including how 

16 such programs and activities will enable children to 

17 speak, read, write, and comprehend the English lan18 guage, meet State college and career ready academic 

19 content standards and student academic achieve20 ment standards under section 1111(a)(1), and be 

21 college and career ready; 

22 ‘‘(2) describe how the eligible entity will hold el23 ementary schools and secondary schools receiving 

24 funds under this subpart accountable for— 


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1 ‘‘(A) assessing annually, in accordance 

2 with section 1111(a)(2)(D), the English lan3 guage proficiency of all English learners partici4 pating in programs funded under this subpart; 

5 and 

6 ‘‘(B) meeting timelines, progress criteria, 

7 and performance targets for English learners in 

8 order to ensure that students served by pro9 grams carried out under this part— 

10 ‘‘(i) achieve English proficiency; and 

11 ‘‘(ii) meet the State’s college and ca12 reer ready academic content standards 

13 under section 1111(a)(1); 

14 ‘‘(3) describe how the eligible entity will engage 

15 family and community members and involve them in 

16 activities carried out using subgrant funds; 

17 ‘‘(4) describe how the eligible entity will consult 

18 with teachers, researchers, school administrators, 

19 parents, family and community members, and, if ap20 propriate, with education-related community groups 

21 and nonprofit organizations, and institutions of 

22 higher education, in developing and implementing 

23 such plan; 

24 ‘‘(5) describe how language instruction and aca25 demic content instruction carried out under the 


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1 subgrant will ensure that English learners being 

2 served by the programs develop English language 

3 proficiency and demonstrate such proficiency 

4 through academic content mastery; 

5 ‘‘(6) describe how the eligible entity will, if ap6 plicable, coordinate activities under the plan with 

7 local Head Start and Early Head Start agencies, in8 cluding migrant and seasonal Head Start agencies, 

9 and other early childhood education providers; and 

10 ‘‘(7) contain an assurance that— 

11 ‘‘(A) the eligible entity is not in violation 

12 of State law, including State constitutional law, 

13 regarding the education of English learners, 

14 consistent with sections 3124 through 3128; 

15 ‘‘(B) each local educational agency that is 

16 included in the eligible entity complies with sec17 tion 3202 prior to, and throughout, each school 

18 year; and 

19 ‘‘(C) in developing the plan, the eligible en20 tity considered how best to target funds to 

21 schools with high concentrations of English 

22 learners and to support continuous improve23 ment in the services offered to English learners 

24 in the area served by the eligible entity. 


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1 ‘‘(c) TEACHER ENGLISH FLUENCY.—Each eligible 

2 entity receiving a subgrant under this subpart shall in3 clude in the plan a certification that all teachers in any 

4 language instruction educational program for English 

5 learners that is, or will be, funded under this part are flu6 ent in the language used for instruction, including having 

7 written and oral communications skills. 

8 ‘‘Subpart 2—Accountability and Administration 

9 ‘‘SEC. 3121. LOCAL EVALUATION AND ACCOUNTABILITY. 

10 ‘‘(a) EVALUATION.— 

11 ‘‘(1) IN GENERAL.—Each eligible entity that re12 ceives a subgrant from a State educational agency 

13 under subpart 1 shall provide such agency, at the 

14 conclusion of every second fiscal year during which 

15 the subgrant is received, with an evaluation, in a 

16 form prescribed by the agency, that includes— 

17 ‘‘(A) a description of the programs and ac18 tivities conducted by the entity with funds re19 ceived under subpart 1 during the 2 imme20 diately preceding fiscal years; 

21 ‘‘(B) a description of the progress made by 

22 children in learning the English language as 

23 measured by the State English language pro24 ficiency assessment described in section 

25 3113(b)(5) and meeting college and career 


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1 ready academic content standards and student 

2 academic achievement standards under section 

3 1111(a)(1); 

4 ‘‘(C) the number and percentage of chil5 dren in the programs and activities who meet 

6 the target established under section 

7 3113(b)(6)(A); 

8 ‘‘(D) a description of the progress made by 

9 children in meeting college and career ready 

10 academic content standards and student aca11 demic achievement standards under section 

12 1111(a)(1) for each of the 2 years after such 

13 children are no longer receiving services under 

14 this part; and 

15 ‘‘(E) a description of the progress made by 

16 former English learners in meeting college and 

17 career ready academic content standards and 

18 student achievement standards under section 

19 1111(a)(1). 

20 ‘‘(2) USE OF EVALUATION.—An evaluation pro21 vided by an eligible entity under subsection (a) shall 

22 be used by the entity and the State educational 

23 agency— 

24 ‘‘(A) for improvement of programs and ac25 tivities; 


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1 ‘‘(B) to determine the effectiveness of pro2 grams and activities in assisting children who 

3 are English learners to attain English pro4 ficiency, as measured in a way that is con5 sistent with paragraph (4), and meet college 

6 and career ready academic content standards 

7 and student academic achievement standards 

8 under section 1111(a)(1); and 

9 ‘‘(C) in determining whether or not to con10 tinue funding for specific programs or activities. 

11 ‘‘(3) EVALUATION COMPONENTS.—An evalua12 tion provided by an eligible entity under subsection 

13 (a) shall— 

14 ‘‘(A) provide an evaluation of children en15 rolled in a program or activity conducted by the 

16 entity using funds under subpart 1 (including 

17 the percentage of children) who— 

18 ‘‘(i) are making progress in attaining 

19 English proficiency, including the percent20 age of children who have achieved English 

21 proficiency; 

22 ‘‘(ii) have transitioned into classrooms 

23 not tailored to English learners, and have 

24 a sufficient level of English proficiency to 

25 permit them to achieve in English and 


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1 transition into classrooms not tailored to 

2 limited English learners; 

3 ‘‘(iii) are meeting the college and ca4 reer ready standards under section 

5 1111(a)(1); and 

6 ‘‘(iv) are not exempted from the State 

7 reading or language arts academic assess8 ment in accordance with section 

9 1111(a)(2)(B)(v)(II); and 

10 ‘‘(B) include such other information as the 

11 State educational agency may require. 

12 ‘‘(4) EVALUATION MEASURES.—A State shall 

13 approve evaluation measures for use under para14 graph (3) that are designed to assess— 

15 ‘‘(A) the progress of children in attaining 

16 English proficiency, including a child’s level of 

17 comprehension, speaking, listening, reading, 

18 and writing skills in English; 

19 ‘‘(B) student attainment of college and ca20 reer ready student academic achievement stand21 ards under section 1111(a)(1) on assessments 

22 described in section 1111(a)(2); and 

23 ‘‘(C) progress in meeting the annual State 

24 performance targets described in section 3122. 

25 ‘‘(b) ACCOUNTABILITY.— 


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1 ‘‘(1) IN GENERAL.—Each eligible entity that re2 ceives a subgrant from a State educational agency 

3 under this title shall annually reach an agreement 

4 with the State educational agency on a local English 

5 proficiency performance target for the percentage of 

6 English learners served by the eligible entity under 

7 this title who are making progress in achieving 

8 English proficiency not more than 5 years after 

9 being identified as an English learner. For purposes 

10 of this paragraph, English proficiency shall be meas11 ured using the English language proficiency assess12 ment described in section 3113(b)(5). 

13 ‘‘(2) STUDENTS WHO WILL GRADUATE IN LESS

14 THAN 5 YEARS.—In the case of a student who will 

15 graduate from secondary school in less than 5 years, 

16 if such does not attain English proficiency not more 

17 than 5 years after being identified as an English 

18 learner, the student shall not be counted as a grad19 uating student in the local educational agency’s cal20 culation of the graduation rate. 

21 ‘‘(3) TECHNICAL ASSISTANCE.—During the de22 velopment of the improvement plan described in 

23 paragraph (4), and throughout the implementation 

24 of such plan, the State educational agency shall— 


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1 ‘‘(A) provide technical assistance to the eli2 gible entity; 

3 ‘‘(B) provide technical assistance, if appli4 cable, to schools served by the eligible entity 

5 under subpart 1 that need assistance to enable 

6 the schools to meet the eligible entity’s local 

7 performance target described in paragraph (1); 

8 ‘‘(C) assist the eligible entity in improving 

9 the professional development described in sec10 tion 3115(c)(2) that such eligible entity is pro11 viding to educators; and 

12 ‘‘(D) develop, in consultation with the eli13 gible entity, a plan to incorporate evidence14 based strategies and methodologies to improve 

15 the specific program or method of instruction 

16 provided to English learners. 

17 ‘‘(4) ACCOUNTABILITY.— 

18 ‘‘(A) 2-YEAR ACCOUNTABILITY.—If an eli19 gible entity fails to meet the local performance 

20 target described in paragraph (1) for 2 consecu21 tive years, the State educational agency shall— 

22 ‘‘(i) identify such eligible entity as 

23 being in need of improvement; and 

24 ‘‘(ii) require the eligible entity to de25 velop and implement an improvement plan. 


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1 ‘‘(B) ENTITIES IN NEED OF IMPROVE2 MENT.—If an eligible entity fails to meet the 

3 local performance targets described in para4 graph (1) a year after being identified as being 

5 in need of improvement, as described in sub6 paragraph (A)(i), the State educational agency 

7 shall— 

8 ‘‘(i) identify such eligible entity as 

9 being in need of State support; 

10 ‘‘(ii) require such eligible entity to de11 velop and implement a plan to modify the 

12 entity’s curriculum, program, and method 

13 of instruction; and 

14 ‘‘(iii) submit such plan to the State 

15 educational agency for approval. 

16 ‘‘(C) ENTITIES IN NEED OF STATE SUP17 PORT.—If an eligible entity fails to meet the 

18 local performance targets described in para19 graph (1) a year after being identified as being 

20 in need of State support, as described in sub21 paragraph (B)(i), the State educational agency 

22 shall— 

23 ‘‘(i) identify such eligible entity as 

24 being in need of State action; 


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1 ‘‘(ii) manage the subgrant funds and 

2 the eligible entity’s subgrant programs for 

3 4 years, or until the local performance tar4 get is reached if such target is reached in 

5 less than 4 years; and 

6 ‘‘(iii) after 4 years, or after the local 

7 performance target is reached if such tar8 get is reached in less than 4 years, insti9 tute a 2 year probationary period, during 

10 which the State educational agency shall 

11 once again manage the subgrant funds and 

12 programs if the eligible entity fails to meet 

13 the local performance target at any time 

14 during the probationary period. 

15 ‘‘SEC. 3122. STATE ACCOUNTABILITY. 

16 ‘‘(a) IN GENERAL.—Each State educational agency, 

17 with input from subgrantees, shall establish in the State 

18 plan submitted under section 3113, a State performance 

19 target for the percentage of English learners served by the 

20 State under this title who are making progress in achiev21 ing English proficiency not more than 5 years after being 

22 identified as an English learner. The State performance 

23 target established under this subsection shall be subject 

24 to approval by the Secretary. Each State educational 

25 agency shall ensure that the local performance targets deVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00481 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 scribed in section 3121(b)(1) result, in the aggregate, in 

2 the State achieving the State’s performance target for 

3 English learners. 

4 ‘‘(b) IMPROVEMENT PLAN.—If a State educational 

5 agency has failed to meet the State’s performance target 

6 for 2 consecutive years, the Secretary shall require the 

7 State educational agency to develop an improvement plan 

8 that will ensure that the State educational agency meets 

9 the State performance target. The improvement plan shall 

10 specifically address the factors that prevented the agency 

11 from meeting such performance target. 

12 ‘‘(c) TECHNICAL ASSISTANCE.—During the develop13 ment of the improvement plan described in subsection (b), 

14 and throughout the implementation of such plan, the Sec15 retary shall— 

16 ‘‘(1) provide technical assistance to the State 

17 educational agency using the funds described in sec18 tion 3111(c)(1)(D); 

19 ‘‘(2) assist the State educational agency in de20 veloping a plan to improve and disseminate the pro21 fessional development described in section 

22 3115(c)(2); and 

23 ‘‘(3) develop, in consultation with the State 

24 educational agency, a plan to incorporate evidence25 based strategies and methodologies to improve the 


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1 specific programs and method of instruction in use 

2 in such State. 

3 ‘‘(d) ACCOUNTABILITY.— 

4 ‘‘(1) IN GENERAL.—If a State educational 

5 agency fails to meet its performance target for 4 

6 consecutive years, the Secretary shall— 

7 ‘‘(A) require such State educational agency 

8 to modify its State plan and the methods of in9 struction in use in the State; or 

10 ‘‘(B) require such State educational agency 

11 to— 

12 ‘‘(i) identify low-performing local edu13 cational agencies in the State; 

14 ‘‘(ii) develop and implement a plan to 

15 partner such low-performing local edu16 cational agencies with high-performing 

17 local educational agencies in the State that 

18 have met the local performance targets for 

19 the previous 3 years; and 

20 ‘‘(iii) reallocate any grant funding 

21 under this title that would have otherwise 

22 been distributed to an identified low-per23 forming local educational agency to such 

24 agency’s high-performing partner local 

25 educational agency, as described in clause 


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1 (ii), to enable the high-performing partner 

2 agency to provide technical assistance. 

3 ‘‘(2) STUDENTS WHO WILL GRADUATE IN LESS

4 THAN 5 YEARS.—In the case of a student who will 

5 graduate from secondary school in less than 5 years, 

6 if such student does not attain English proficiency 

7 not more than 5 years after being identified as an 

8 English learner, the student shall not be counted as 

9 a graduating student in the State educational agen10 cy’s calculation of the graduation rate. 

11 ‘‘SEC. 3123. REPORTING REQUIREMENTS. 

12 ‘‘(a) STATES.—Each State educational agency that 

13 receives assistance under this part shall provide annually 

14 to the Secretary, and make widely available within the 

15 State, a report containing information about— 

16 ‘‘(1) the State’s progress in developing and im17 plementing the English language proficiency stand18 ards described in section 3111(b)(2)(A)(iv); 

19 ‘‘(2) the achievement, academic growth, and ac20 quisition of English language proficiency of students 

21 served under this title; 

22 ‘‘(3) programs and activities carried out by the 

23 State educational agency under this part; and 


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1 ‘‘(4) the effectiveness of such programs and ac2 tivities in improving the education provided to 

3 English learners. 

4 ‘‘(b) SECRETARY.—Every second year, the Secretary 

5 shall prepare and submit to the authorizing committees 

6 of Congress a report containing— 

7 ‘‘(1) information about programs and activities 

8 carried out to serve English learners under this part, 

9 and the effectiveness of such programs and activities 

10 in improving the academic achievement and English 

11 proficiency of English learners; 

12 ‘‘(2) information about the types of language 

13 instruction educational programs used by eligible en14 tities receiving funding under this part to teach 

15 English learners; 

16 ‘‘(3) a critical synthesis of data reported by eli17 gible entities to States under section 3121(a)(3); 

18 ‘‘(4) a description of technical assistance and 

19 other assistance provided by State educational agen20 cies under section 3111(b)(2)(A); 

21 ‘‘(5) an estimate of the number of certified or 

22 licensed teachers working in language instruction 

23 educational programs and educating English learn24 ers, and an estimate of the number of such teachers 

25 that will be needed for the succeeding 5 fiscal years; 


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1 ‘‘(6) the major findings of scientifically based 

2 research carried out under this title; 

3 ‘‘(7) the number of programs or activities, if 

4 any, that were subject to accountability measures 

5 described in section 3121(b)(4) due to a failure to 

6 meet local performance targets; 

7 ‘‘(8) the number of English learners served by 

8 eligible entities receiving funding under this part 

9 who were transitioned out of language instruction 

10 educational programs funded under this part into 

11 classrooms where instruction is not tailored for 

12 English learners; and 

13 ‘‘(9) other information gathered from other re14 ports submitted to the Secretary under this title, as 

15 applicable. 

16 ‘‘SEC. 3124. COORDINATION WITH RELATED PROGRAMS. 

17 ‘‘In order to maximize Federal efforts aimed at serv18 ing the educational needs of English learners, the Sec19 retary shall coordinate and ensure close cooperation with 

20 other entities carrying out programs serving language-mi21 nority and English learners that are administered by the 

22 Department and other agencies. 

23 ‘‘SEC. 3125. RULES OF CONSTRUCTION. 

24 ‘‘Nothing in this part shall be construed— 


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1 ‘‘(1) to prohibit a local educational agency from 

2 serving English learners simultaneously with chil3 dren with similar educational needs, in the same 

4 educational settings where appropriate; 

5 ‘‘(2) to require a State or a local educational 

6 agency to establish, continue, or eliminate any par7 ticular type of instructional program for English 

8 learners; 

9 ‘‘(3) to limit the preservation or use of Native 

10 American languages; 

11 ‘‘(4) to prohibit the use of dual language pro12 grams to serve the needs of English learners and 

13 children with similar educational needs, in the same 

14 educational setting as appropriate. 

15 ‘‘SEC. 3126. LEGAL AUTHORITY UNDER STATE LAW. 

16 ‘‘Nothing in this part shall be construed to negate 

17 or supersede State law, or the legal authority under State 

18 law of any State agency, State entity, or State public offi19 cial, over programs that are under the jurisdiction of the 

20 State agency, entity, or official. 

21 ‘‘SEC. 3127. CIVIL RIGHTS. 

22 ‘‘Nothing in this part shall be construed in a manner 

23 inconsistent with any Federal law guaranteeing a civil 

24 right. 


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1 ‘‘SEC. 3128. PROGRAMS FOR NATIVE AMERICANS AND 

2 PUERTO RICO. 

3 ‘‘Notwithstanding any other provision of this part, 

4 programs authorized under this part that serve Native 

5 American (including Native American Pacific Islander) 

6 children and children in the Commonwealth of Puerto Rico 

7 may include programs of instruction, teacher training, 

8 curriculum development, evaluation, and assessment de9 signed for Native American children learning and studying 

10 Native American languages and children of limited Span11 ish proficiency, except that an outcome of programs serv12 ing such children shall be increased English proficiency 

13 among such children. 

14 ‘‘SEC. 3129. PROHIBITION. 

15 ‘‘In carrying out this part, the Secretary shall neither 

16 mandate nor preclude the use of a particular curricular 

17 or pedagogical approach to educating English learners. 

18 ‘‘Subpart 3—National Activities 

19 ‘‘SEC. 3131. PROFESSIONAL DEVELOPMENT GRANTS. 

20 ‘‘(a) GRANTS AUTHORIZED.—The Secretary shall use 

21 funds made available under section 3111(c)(1)(C) to 

22 award grants, on a competitive basis and for a period of 

23 not more than 5 years, to institutions of higher education 

24 or nonprofit institutions with relevant experience or exper25 tise and capacity (in consortia with State educational 


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1 agencies or local educational agencies) in order to enable 

2 such consortia to— 

3 ‘‘(1) provide for professional development activi4 ties that will improve classroom instruction for 

5 English learners; 

6 ‘‘(2) assist educational personnel working with 

7 English learners to meet high professional stand8 ards, including standards for certification and licen9 sure as teachers who work in language instruction 

10 educational programs and academic content instruc11 tion programs or serve English learners. 

12 ‘‘(b) USES OF FUNDS.—Grants awarded under this 

13 section may be used to— 

14 ‘‘(1) support partnerships between State or 

15 local educational agencies and institutions of higher 

16 education to support the work of individuals who are 

17 completing baccalaureate and masters programs 

18 (such as programs in the areas of teacher training, 

19 program administration, policy, research, evaluation, 

20 assessment, and curriculum development) and to im21 prove educational services and programs for English 

22 learners, provided that recipients of fellowships or 

23 assistance are required, on completion of their stud24 ies, to— 


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1 ‘‘(A) assist in the education of English 

2 learners through work in a school, local edu3 cational agency, or other educational agency or 

4 organization for a period of time equivalent to 

5 the period of time during which the individual 

6 receives assistance under this section; or 

7 ‘‘(B) repay all or a prorated part of the fi8 nancial assistance received under this section; 

9 ‘‘(2) support research on promising instruc10 tional strategies or programs that have practical ap11 plications for teachers, counselors, parents and fam12 ily members, school leaders, and others responsible 

13 for educating or improving the education of English 

14 learners and their families; 

15 ‘‘(3) support strategies that promote school 

16 readiness for English learners and the transition 

17 from early childhood education programs, such as 

18 Head Start or State preschool programs, to elemen19 tary school programs; 

20 ‘‘(4) support strategies that promote high 

21 school graduation for English learners; 

22 ‘‘(5) support strategies that strengthen and in23 crease family and community member engagement 

24 in education; 


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1 ‘‘(6) support the development of curricula that 

2 are appropriate to the needs of the participating 

3 consortium; and 

4 ‘‘(7) support the dissemination of information 

5 gathered in accordance with paragraphs (1) through 

6 (5), particularly evidence-based best practices and 

7 the provision of technical assistance. 

8 ‘‘SEC. 3132. COMMISSION ON ASSESSMENT OF ENGLISH 

9 LEARNERS. 

10 ‘‘(a) COMMISSION ON ASSESSMENT OF ENGLISH

11 LEARNERS.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall estab13 lish an independent commission on the assessment 

14 and advancement of English learners (referred to in 

15 this section as the ‘commission’) to carry out the ac16 tivities described in subsection (c). 

17 ‘‘(2) DATE OF APPOINTMENT.—The members 

18 of the commission shall be appointed not later than 

19 6 months after the date of enactment of the 

20 Strengthening America’s Schools Act of 2013. 

21 ‘‘(b) COMPOSITION.— 

22 ‘‘(1) IN GENERAL.—The commission shall be 

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1 ment of English learners, including individuals with 

2 expertise in— 

3 ‘‘(A) the practice of teaching English to 

4 speakers of other languages; 

5 ‘‘(B) measurement and educational assess6 ment systems; and 

7 ‘‘(C) educational assessment and account8 ability practices. 

9 ‘‘(2) EXPERTISE OF MEMBERS.—The Secretary 

10 shall ensure that the individuals selected in accord11 ance with paragraph (1) are experts who are com12 petent, by virtue of their training, expertise, or expe13 rience, to evaluate instruction, assessments, and 

14 models for English learners. 

15 ‘‘(c) DUTIES OF THE COMMISSION.—The commission 

16 shall provide the Secretary with advice and recommenda17 tions about the following issues: 

18 ‘‘(1) The development and approval of stand19 ards pertaining to English learners, in order to as20 sist the Secretary in the review and approval of 

21 statewide accountability systems that are required 

22 under section 3113(b)(5) and section 1111(a)(3). 

23 ‘‘(2) The provision of regulations and guidance 

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1 ommendations about appropriate accommodations 

2 and appropriate weights for assessments involving 

3 English learners, including the English language 

4 proficiency assessments described in section 

5 3113(b)(5). 

6 ‘‘(3) Ensuring that State English language pro7 ficiency standards under section 3113(b)(2) and sec8 tion 1111(a)(1)(D) are properly aligned with college 

9 and career ready academic content standards under 

10 section 1111(a)(1). 

11 ‘‘(4) The formation of peer review panels, under 

12 section 1111(b)(4), with regard to— 

13 ‘‘(A) the inclusion on the panels of experts 

14 about English learners; and 

15 ‘‘(B) processes to ensure that the work of 

16 the peer review panel is consistent with the 

17 standards and guidance developed by the com18 mission. 

19 ‘‘(5) Identifying ways to support local capacity20 building efforts to assist local educational agencies 

21 and schools in properly supporting English learners. 

22 ‘‘(6) Ensuring that the research, development, 

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1 cluding English learners in assessment and account2 ability practices. 

3 ‘‘(7) Ways to address the needs of English 

4 learners in all program planning at the Department, 

5 including inter- and intra-agency coordination. 

6 ‘‘(8) The development of improved early learn7 ing assessment strategies and instruments that take 

8 into account the development of English learners 

9 across all of the essential domains of school readi10 ness. 

11 ‘‘(d) INDEPENDENTLY COMMISSIONED RESEARCH.— 

12 The commission may independently commission research 

13 that is directly relevant to the implementation of account14 ability provisions under this Act for English learners. 

15 ‘‘(e) ANNUAL REPORT.—The commission shall, be16 ginning not later than 1 year after the date on which all 

17 members of the commission have been appointed, submit 

18 an annual report to the Secretary and the authorizing 

19 committees of Congress containing the recommendations 

20 described in subsection (c). 

21 ‘‘SEC. 3133. ENGLISH LANGUAGE ACQUISITION TECH22 NOLOGY INNOVATION GRANTS. 

23 ‘‘(a) PURPOSES.—The Secretary shall use funds 

24 made available under section 3111(c)(1)(C) to provide 

25 English language acquisition technology innovation grants 


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1 for purposes of pursuing breakthrough research and devel2 opment in educational technology and providing the effec3 tive use of that technology to improve English proficiency 

4 and academic achievement for English learners, by— 

5 ‘‘(1) identifying and promoting advances in fun6 damental and applied sciences and engineering that 

7 could be translated into new language learning or in8 struction technologies; 

9 ‘‘(2) developing novel language learning or in10 struction technologies, and the enabling processes 

11 and contexts for effective use of those technologies; 

12 ‘‘(3) developing, testing, and evaluating the im13 pact and efficacy of those technologies; 

14 ‘‘(4) accelerating technological advances in 

15 areas in which the private sector, by itself, is not 

16 likely to accelerate such advances because of difficul17 ties in implementation or adoption, or technical and 

18 market uncertainty; 

19 ‘‘(5) coordinating activities with nongovern20 mental entities to demonstrate technologies and re21 search applications to facilitate technology transfer; 

22 and 

23 ‘‘(6) encouraging educational research on 

24 English language acquisition using new technologies 

25 and the data produced by those technologies. 


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1 ‘‘(b) AUTHORITIES OF SECRETARY.—The Secretary 

2 is authorized to— 

3 ‘‘(1) establish processes for the development 

4 and execution of English language acquisition tech5 nology innovation grant projects and the solicitation 

6 of entities to carry out the projects in a manner that 

7 is— 

8 ‘‘(A) tailored to the purposes of the 

9 English language acquisition technology innova10 tion grants and not constrained by other De11 partment-wide administrative requirements that 

12 could detract from achieving program results; 

13 ‘‘(B) designed to heighten transparency; 

14 and 

15 ‘‘(C) designed to heighten public- and pri16 vate-sector involvement to ensure that invest17 ments are made in the most promising areas; 

18 ‘‘(2) award grants, contracts, cooperative agree19 ments, and cash prizes, and enter into other trans20 actions (in accordance with such regulations as the 

21 Secretary may establish regarding other trans22 actions); 

23 ‘‘(3) obtain independent, periodic, rigorous eval24 uations, as appropriate, of— 


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1 ‘‘(A) the effectiveness of the processes 

2 being used to award and evaluate the effective3 ness of the English language acquisition tech4 nology innovation grants in achieving the stated 

5 purposes; and 

6 ‘‘(B) the effectiveness of individual projects 

7 assisted by English language acquisition tech8 nology innovation grants, using evidence stand9 ards developed in consultation with the Insti10 tute of Education Sciences, and the suitability 

11 of ongoing projects assisted by such grants for 

12 further investment or increased scale; 

13 ‘‘(4) disseminate, through the comprehensive 

14 centers established under section 203 of the Edu15 cational Technical Assistance Act of 2002 (20 

16 U.S.C. 9602), the regional educational laboratories 

17 system established under section 174 of the Edu18 cation Sciences Reform Act of 2002 (20 U.S.C. 

19 9564), or such other means as the Secretary deter20 mines to be appropriate, information on effective 

21 practices and technologies developed with the sup22 port of English language acquisition technology in23 novation grants; and 

24 ‘‘(5) collect, analyze, synthesize, and dissemi25 nate, through the comprehensive centers established 


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1 under section 203 of the Educational Technical As2 sistance Act of 2002 (20 U.S.C. 9602), the regional 

3 educational laboratories system established under 

4 section 174 of the Education Sciences Reform Act of 

5 2002 (20 U.S.C. 9564), or such other means as the 

6 Secretary determines to be appropriate, information 

7 and educational research and processes related to 

8 the education of English learners. 

9 ‘‘(c) EVALUATION FUNDS.—The Secretary may use 

10 funds made available for English language acquisition 

11 technology innovation grants to pay the cost of the evalua12 tions under subsection (b)(3). 

13 ‘‘(d) NONDUPLICATION.—To the maximum extent 

14 practicable, the Secretary shall ensure that grants, con15 tracts, cooperative agreements, cash prizes, or other as16 sistance or arrangements awarded or entered into pursu17 ant to this section that are designed to carry out the pur18 poses of the English language acquisition technology inno19 vation grants do not duplicate activities under programs 

20 carried out under Federal law other than this section by 

21 the Department or other Federal agencies. 

22 ‘‘PART B—GENERAL PROVISIONS 

23 ‘‘SEC. 3201. DEFINITIONS. 

24 ‘‘Except as otherwise provided, in this title: 


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1 ‘‘(1) CHILD.—The term ‘child’ means any indi2 vidual aged 3 through 21. 

3 ‘‘(2) COMMUNITY-BASED ORGANIZATION.—The 

4 term ‘community-based organization’ means a pri5 vate nonprofit organization of demonstrated effec6 tiveness, Indian tribe, or tribally sanctioned edu7 cational authority, that is representative of a com8 munity or significant segments of a community and 

9 that provides educational or related services to indi10 viduals in the community. Such term includes a Na11 tive Hawaiian or Native American Pacific Islander 

12 native language educational organization. 

13 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en14 tity’ means— 

15 ‘‘(A) 1 or more local educational agencies; 

16 or 

17 ‘‘(B) 1 or more local educational agencies, 

18 in collaboration with an institution of higher 

19 education, community-based organization, or 

20 State educational agency. 

21 ‘‘(4) IMMIGRANT CHILDREN AND YOUTH.—The 

22 term ‘immigrant children and youth’ means individ23 uals who— 

24 ‘‘(A) are aged 3 through 21; 

25 ‘‘(B) were not born in any State; and 


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1 ‘‘(C) have not been attending one or more 

2 schools in any one or more States or operated 

3 by the Department of Defense Education Au4 thority for more than 3 full academic years. 

5 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 

6 has the meaning given the term in section 4 of the 

7 Indian Self-Determination and Education Assistance 

8 Act (25 U.S.C. 450b). 

9 ‘‘(6) LANGUAGE INSTRUCTION EDUCATIONAL

10 PROGRAM.—The term ‘language instruction edu11 cational program’ means an instruction course— 

12 ‘‘(A) in which an English learner is placed 

13 for the purpose of developing and attaining 

14 English proficiency, while meeting college and 

15 career ready academic content standards and 

16 student academic achievement standards under 

17 section 1111(a)(1); and 

18 ‘‘(B) that may make instructional use of 

19 both English and a child’s native language to 

20 enable the child to develop and attain English 

21 proficiency, and may include the participation 

22 of English proficient children if such course is 

23 designed to enable all participating children to 

24 become proficient in English and a second lan25 guage. 


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1 ‘‘(7) NATIVE AMERICAN AND NATIVE AMERICAN

2 LANGUAGE.—The terms ‘Native American’ and ‘Na3 tive American language’ shall have the meanings 

4 given such terms in section 103 of the Native Amer5 ican Languages Act (25 U.S.C. 2902). 

6 ‘‘(8) NATIVE HAWAIIAN OR NATIVE AMERICAN

7 PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL

8 ORGANIZATION.—The term ‘Native Hawaiian or Na9 tive American Pacific Islander native language edu10 cational organization’ means a nonprofit organiza11 tion with— 

12 ‘‘(A) a majority of its governing board and 

13 employees consisting of fluent speakers of the 

14 traditional Native American languages used in 

15 the organization’s educational programs; and 

16 ‘‘(B) not less than 5 years successful expe17 rience in providing educational services in tradi18 tional Native American languages. 

19 ‘‘(9) NATIVE LANGUAGE.—The term ‘native 

20 language’, when used with reference to an English 

21 learner, means— 

22 ‘‘(A) the language normally used by such 

23 individual; or 


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1 ‘‘(B) in the case of a child or youth, the 

2 language normally used by the parents of the 

3 child or youth. 

4 ‘‘(10) PARAPROFESSIONAL.—The term ‘para5 professional’ means an individual who is employed in 

6 a preschool, elementary school, or secondary school 

7 under the supervision of a certified or licensed teach8 er, including individuals employed in language in9 struction educational programs, special education, 

10 and migrant education. 

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

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

13 Commonwealth of Puerto Rico. 

14 ‘‘(12) TRIBALLY SANCTIONED EDUCATIONAL

15 AUTHORITY.—The term ‘tribally sanctioned edu16 cational authority’ means— 

17 ‘‘(A) any department or division of edu18 cation operating within the administrative 

19 structure of the duly constituted governing body 

20 of an Indian tribe; and 

21 ‘‘(B) any nonprofit institution or organiza22 tion that is— 

23 ‘‘(i) chartered by the governing body 

24 of an Indian tribe to operate a school de25 scribed in section 3112(a) or otherwise to 


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1 oversee the delivery of educational services 

2 to members of the tribe; and 

3 ‘‘(ii) approved by the Secretary for 

4 the purpose of carrying out programs 

5 under subpart 1 of part A for individuals 

6 served by a school described in section 

7 3112(a). 

8 ‘‘SEC. 3202. PARENTAL NOTIFICATION. 

9 ‘‘(a) IN GENERAL.—Each eligible entity receiving 

10 funds under this title to provide a language instruction 

11 educational program and academic content instruction 

12 program shall, not later than 30 days after the beginning 

13 of the school year, inform a parent or the parents of an 

14 English learner identified for participation in, or partici15 pating in, such program of— 

16 ‘‘(1) the reasons for the identification of their 

17 child as an English learner and in need of placement 

18 in a language instruction educational program and 

19 academic content instruction program; 

20 ‘‘(2) the child’s level of English language pro21 ficiency, how that level was assessed, whether the 

22 child is on track to achieve English proficiency not 

23 later than 5 years after being identified as an 

24 English learner, and the status of the child’s aca25 demic achievement; 


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1 ‘‘(3) the method of instruction used in the pro2 gram in which their child is, or will be, participating, 

3 and the methods of instruction used in other avail4 able programs, including how such programs differ 

5 in content, instructional goals, and use of English 

6 and a native language in instruction; 

7 ‘‘(4) how the program in which their child is, 

8 or will be participating, will appropriately respond to 

9 the educational strengths and needs of the child; 

10 ‘‘(5) how the program will specifically help their 

11 child learn English and reflect age appropriate aca12 demic achievement standards for grade promotion 

13 and graduation; 

14 ‘‘(6) the specific exit requirements for the pro15 gram, the expected rate of transition from the pro16 gram into classrooms that are not tailored for 

17 English learners, and the expected rate of gradua18 tion from secondary school for English learners in 

19 the program if the child is in secondary school; 

20 ‘‘(7) in the case of a child with a disability, how 

21 the program meets the objectives of the child’s indi22 vidualized education program; and 

23 ‘‘(8) information pertaining to parental rights 

24 that includes written guidance— 

25 ‘‘(A) detailing— 


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1 ‘‘(i) the parent’s right to have the 

2 parent’s child immediately removed from 

3 the program upon the parent’s request; 

4 and 

5 ‘‘(ii) the options that parents have to 

6 decline to enroll their child in such pro7 gram or to choose another program or 

8 method of instruction, if available; and 

9 ‘‘(B) assisting parents in selecting among 

10 various programs and methods of instruction, if 

11 more than 1 program or method is offered by 

12 the eligible entity. 

13 ‘‘(b) SEPARATE NOTIFICATION.—In addition to pro14 viding the information required to be provided under sub15 section (a), each eligible entity that is using funds pro16 vided under this title to provide a language instruction 

17 educational program, and that has failed to make progress 

18 on the local performance targets described in section 3122 

19 for any fiscal year for which part A is in effect, shall sepa20 rately inform a parent or the parents of a child identified 

21 for participation in such program, or participating in such 

22 program, of such failure not later than 30 days after the 

23 eligible entity receives notification of such failure from the 

24 State. 


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1 ‘‘(c) RECEIPT OF INFORMATION.—The information 

2 described in subsection (a) shall be provided in an under3 standable and uniform format and, to the extent prac4 ticable, in a language that the parent can understand. 

5 ‘‘(d) SPECIAL RULE APPLICABLE DURING SCHOOL

6 YEAR.—For a child who has not been identified for par7 ticipation in a language instruction educational program 

8 and academic content instruction program prior to the be9 ginning of the school year, the eligible entity shall carry 

10 out subsections (a) and (b) with respect to the parents 

11 of the child not later than 2 weeks after the child is placed 

12 in such program. 

13 ‘‘(e) PARENT AND FAMILY ENGAGEMENT.— 

14 ‘‘(1) IN GENERAL.—Each eligible entity using 

15 funds provided under this title to provide a language 

16 instruction educational program and academic con17 tent instruction program shall implement an effec18 tive means of outreach to parents and family mem19 bers of English learners to inform such parents and 

20 family members of how they can— 

21 ‘‘(A) be full partners in the education of 

22 their children, including ensuring that immi23 grant parents and family members are well in24 formed about the elements of the educational 

25 system in the United States; and 


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1 ‘‘(B) be active participants in assisting 

2 their children— 

3 ‘‘(i) to learn English; 

4 ‘‘(ii) to achieve at high levels in core 

5 academic subjects; 

6 ‘‘(iii) to meet the same college and ca7 reer ready academic content standards and 

8 student academic achievement standards 

9 under section 1111(a)(1) as all children 

10 are expected to meet to become college and 

11 career ready; and 

12 ‘‘(iv) to understand expectations for 

13 college readiness and career success. 

14 ‘‘(2) RECEIPT OF RECOMMENDATIONS.—The 

15 outreach described in paragraph (1) shall include 

16 holding, and sending notice of opportunities for, reg17 ular meetings for the purpose of formulating and re18 sponding to recommendations from parents de19 scribed in such paragraph. 

20 ‘‘(f) BASIS FOR ADMISSION OR EXCLUSION.—A child 

21 shall not be admitted to, or excluded from, any Federally 

22 assisted education program on the basis of a surname or 

23 language-minority status. 


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1 ‘‘SEC. 3203. NATIONAL CLEARINGHOUSE. 

2 ‘‘The Secretary shall establish and support the oper3 ation of a National Clearinghouse for English Learner 

4 Support and Educational Programs, which shall collect, 

5 analyze, synthesize, and disseminate information about 

6 programs that support the academic achievement of 

7 English learners, and related programs. The National 

8 Clearinghouse shall— 

9 ‘‘(1) be administered as an adjunct clearing10 house of the Educational Resources Information 

11 Center Clearinghouses system supported by the Of12 fice of Educational Research and Improvement; 

13 ‘‘(2) coordinate activities with Federal data and 

14 information clearinghouses and entities operating 

15 Federal dissemination networks and systems; 

16 ‘‘(3) develop a system for improving the oper17 ation and effectiveness of programs that receive 

18 Federal funding that serve English learners; 

19 ‘‘(4) collect and disseminate information on— 

20 ‘‘(A) educational research and processes 

21 related to the education of English learners; 

22 ‘‘(B) accountability systems that monitor 

23 the academic progress of English learners in 

24 language instruction educational programs, in25 cluding information on academic content and 


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1 English proficiency assessments for language 

2 instruction educational programs; 

3 ‘‘(C) effective practices for meeting the 

4 academic and cultural needs of English learn5 ers; and 

6 ‘‘(D) effective practices for engaging the 

7 families and caretakers of English learners; and 

8 ‘‘(5) publish, on an annual basis, a list of grant 

9 recipients under this title. 

10 ‘‘SEC. 3204. REGULATIONS. 

11 ‘‘In developing regulations under this title, the Sec12 retary shall consult with State educational agencies and 

13 local educational agencies, organizations representing 

14 English learners, and organizations representing teachers 

15 and other personnel involved in the education of English 

16 learners.’’. 

17 TITLE IV—SUPPORTING SUC18 CESSFUL, WELL-ROUNDED 

19 STUDENTS 

20 SEC. 4101. REDESIGNATIONS. 

21 Title IV (20 U.S.C. 7101 et seq.) is amended— 

22 (1) by striking the title heading and inserting 

23 the following: ‘‘SUPPORTING SUCCESSFUL, 

24 WELL-ROUNDED STUDENTS’’; 


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1 (2) by redesignating subpart 3 of part A as 

2 subpart 1 of part G of title IX, as added by section 

3 9104(a) of this Act, and transferring such subpart 

4 1 so as to follow the part heading of such part G 

5 as added by section 9104(a) of this Act; 

6 (3) by redesignating section 4141 as section 

7 9701; 

8 (4) by redesignating part C as subpart 2 of 

9 part G of title IX, as added by section 9104(a) of 

10 this Act, and transferring such subpart 2 so as to 

11 follow subpart 1 of part G of title IX, as redesig12 nated by paragraph (2); 

13 (5) by redesignating sections 4301, 4302, 4303, 

14 and 4304, as sections 9721, 9722, 9723, and 9724, 

15 respectively; 

16 (6) in section 9721, as redesignated by para17 graph (5), by striking ‘‘part’’ and inserting ‘‘sub18 part’’; 

19 (7) in section 9722, as redesignated by para20 graph (5)— 

21 (A) in the matter preceding paragraph (1), 

22 by striking ‘‘part’’ and inserting ‘‘subpart’’; and 

23 (B) in paragraph (2)(B), by striking 

24 ‘‘part’’ and inserting ‘‘subpart’’; 


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1 (8) in section 9723(e)(3), by striking the mat2 ter following subparagraph (B) and inserting the fol3 lowing: 

4 ‘‘(C) such other matters as justice may re5 quire.’’; and 

6 (9) in section 9724, as redesignated by para7 graph (5), by striking ‘‘part’’ both places the term 

8 appears and inserting ‘‘subpart’’. 

9 SEC. 4102. IMPROVING LITERACY INSTRUCTION AND STU10 DENT ACHIEVEMENT. 

11 Part A of title IV (20 U.S.C. 7101 et seq.) is amend12 ed to read as follows: 

13 ‘‘PART A—IMPROVING LITERACY INSTRUCTION 

14 AND STUDENT ACHIEVEMENT 

15 ‘‘Subpart 1—Improving Literacy Instruction 

16 ‘‘SEC. 4101. SHORT TITLE. 

17 ‘‘This part may be cited as the ‘Improving Literacy 

18 Instruction and Student Achievement Act’. 

19 ‘‘SEC. 4102. PURPOSES. 

20 ‘‘The purposes of this part are— 

21 ‘‘(1) to improve student academic achievement 

22 in reading and writing by providing Federal support 

23 to State educational agencies to develop, improve, 

24 coordinate, and implement comprehensive literacy 

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1 tive strategies in reading and writing from birth 

2 through grade 12; and 

3 ‘‘(2) to assist State educational agencies in 

4 achieving the purpose described in paragraph (1) 

5 by— 

6 ‘‘(A) supporting the development and im7 plementation of comprehensive early learning 

8 through grade 12 literacy programs in every 

9 State that are based on scientifically valid re10 search, to ensure that every child can read and 

11 write at grade level or above; 

12 ‘‘(B) providing children with learning op13 portunities in high-quality, language rich, lit14 erature rich, informational text rich, culturally 

15 relevant, and developmentally appropriate envi16 ronments so that the children develop the fun17 damental knowledge and skills necessary for lit18 eracy engagement, development, and achieve19 ment in pre-kindergarten through grade 12; 

20 ‘‘(C) educating parents in the ways the 

21 parents can support their child’s communication 

22 and literacy development; 

23 ‘‘(D) supporting efforts to link and align 

24 standards and research-based instruction and 

25 teaching practices in early learning programs; 


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1 ‘‘(E) supporting high-quality and effective 

2 strategies for children to develop oral language, 

3 reading, and writing abilities through high-qual4 ity research-based instruction and teaching 

5 practices; 

6 ‘‘(F) improving academic achievement by 

7 establishing adolescent literacy initiatives that 

8 provide explicit and systematic instruction in 

9 oral language, reading, and writing development 

10 across the curriculum; 

11 ‘‘(G) identifying and supporting children 

12 reading and writing significantly below grade 

13 level by providing evidence-based, intensive 

14 interventions, including interventions conducted 

15 during extended learning time, to help the chil16 dren acquire the language and literacy skills the 

17 children need to stay on track for graduation; 

18 ‘‘(H) providing assistance to local edu19 cational agencies in order to provide educators 

20 with ongoing, job-embedded professional devel21 opment, and other support, that focuses on— 

22 ‘‘(i) effective literacy instruction; and 

23 ‘‘(ii) the special knowledge and skills 

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1 velopment effectively across the develop2 mental and age span; 

3 ‘‘(I) supporting State educational agencies 

4 and local educational agencies in improving 

5 reading, writing, and literacy-based academic 

6 achievement for children, especially children 

7 who are low-income individuals, are English 

8 learners, are migratory, are children with dis9 abilities, are Indian or Alaskan Native, are ne10 glected or delinquent, are homeless, are in the 

11 custody of the child welfare system, or have 

12 dropped out of school; 

13 ‘‘(J) supporting State educational agencies 

14 and local educational agencies in using age ap15 propriate and developmentally and linguistically 

16 appropriate instructional materials and strate17 gies that assist teachers as the teachers work 

18 with children to develop reading and writing 

19 competencies appropriate to the children’s 

20 grade and skill levels; 

21 ‘‘(K) strengthening coordination among 

22 schools, early literacy programs, family literacy 

23 programs, juvenile justice programs, public li24 braries, and outside-of-school programs that 

25 provide children with strategies, curricula, 


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1 interventions, and assessments designed to ad2 vance early and continuing language and lit3 eracy development in ways appropriate for each 

4 context; 

5 ‘‘(L) supporting professional development 

6 for educators based on scientific approaches to 

7 adult learning; and 

8 ‘‘(M) evaluating whether the professional 

9 development activities and approaches are effec10 tive in building knowledge and skills of edu11 cators and their use of appropriate and effective 

12 practices. 

13 ‘‘SEC. 4103. DEFINITIONS. 

14 ‘‘In this part: 

15 ‘‘(1) CHILD.—The term ‘child’ means an indi16 vidual from the age of birth through the final year 

17 for which the State provides free public education. 

18 ‘‘(2) CLASSROOM-BASED INSTRUCTIONAL AS19 SESSMENT.—The term ‘classroom-based instruc20 tional assessment’ means an assessment for children 

21 from birth through grade 3 that— 

22 ‘‘(A) is valid and reliable for the age and 

23 population of children served in the program; 

24 ‘‘(B) is used to evaluate children’s develop25 mental progress and learning and includes sysVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00515 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 tematic observations by teachers of children 

2 performing tasks, including academic and lit3 eracy tasks, that are part of the children’s daily 

4 classroom experience; and 

5 ‘‘(C) is used to improve classroom instruc6 tion. 

7 ‘‘(3) COMPREHENSIVE LITERACY INSTRUC8 TION.—The term ‘comprehensive literacy instruc9 tion’ means instruction that— 

10 ‘‘(A) incorporates effective literacy instruc11 tion; and 

12 ‘‘(B) is designed to support— 

13 ‘‘(i) developmentally appropriate, con14 textually explicit, systematic instruction, 

15 and frequent practice, in reading across 

16 content areas; and 

17 ‘‘(ii) developmentally appropriate and 

18 contextually explicit instruction, and fre19 quent practice, in writing across content 

20 areas. 

21 ‘‘(4) DEVELOPMENTAL DELAY.—The term ‘de22 velopmental delay’ has the meaning given the term 

23 in section 632 of the Individuals with Disabilities 

24 Education Act (20 U.S.C. 1432). 


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1 ‘‘(5) EARLY LEARNING PROGRAM.—The term 

2 ‘early learning program’ means a program serving 

3 children between the ages of birth and kindergarten 

4 entry. 

5 ‘‘(6) EFFECTIVE-LITERACY INSTRUCTION.— 

6 ‘‘(A) IN GENERAL.—The term ‘effective lit7 eracy instruction’ means literacy instruction 

8 that— 

9 ‘‘(i) includes age-appropriate, explicit, 

10 systematic, and intentional instruction in 

11 phonological awareness, phonic decoding, 

12 vocabulary, language structure, reading 

13 fluency, and reading comprehension; 

14 ‘‘(ii) includes age-appropriate, explicit 

15 instruction in writing, including opportuni16 ties for children to write with clear pur17 poses, with critical reasoning appropriate 

18 to the topic and purpose, and with specific 

19 instruction and feedback from instructional 

20 staff; 

21 ‘‘(iii) makes available and uses di22 verse, high-quality print materials that re23 flect the reading and development levels, 

24 and interests, of children; 


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1 ‘‘(iv) uses differentiated instructional 

2 approaches, including individual and small 

3 group instruction and discussion; 

4 ‘‘(v) provides opportunities for chil5 dren to use language with peers and adults 

6 in order to develop language skills, includ7 ing developing vocabulary; 

8 ‘‘(vi) includes frequent practice of 

9 reading and writing strategies; 

10 ‘‘(vii) uses age-appropriate, valid, and 

11 reliable screening assessments, diagnostic 

12 assessments, formative assessments, and 

13 summative assessments to identify a child’s 

14 learning needs, to inform instruction, and 

15 to monitor the child’s progress and the ef16 fects of instruction; 

17 ‘‘(viii) uses strategies to enhance chil18 dren’s motivation to read and write and 

19 children’s engagement in self-directed 

20 learning; 

21 ‘‘(ix) incorporates the principles of 

22 universal design for learning; 

23 ‘‘(x) depends on teachers’ collabora24 tion in planning, instruction, and assessing 


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1 a child’s progress and on continuous pro2 fessional learning; and 

3 ‘‘(xi) links literacy instruction to the 

4 State college and career ready academic 

5 content standards under section 

6 1111(a)(1), including the ability to navi7 gate, understand, and write about, complex 

8 print and digital subject matter. 

9 ‘‘(B) BIRTH THROUGH KINDERGARTEN.— 

10 When used with respect to instruction for chil11 dren from birth to kindergarten entry, the term 

12 ‘effective literacy instruction’ also includes— 

13 ‘‘(i) developing such children’s alpha14 bet knowledge, reading aloud to children, 

15 discussing reading and writing with chil16 dren, and modeling age and develop17 mentally appropriate reading and writing 

18 strategies; and 

19 ‘‘(ii) encouraging children’s early at20 tempts at oral communication, reading, 

21 and writing. 

22 ‘‘(C) KINDERGARTEN THROUGH GRADE

23 12.—When used with respect to the instruction 

24 of children in kindergarten through grade 12, 


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1 the term ‘effective literacy instruction’ also in2 cludes— 

3 ‘‘(i) providing systematic and inten4 sive interventions, which can be provided 

5 inside or outside the classroom as well as 

6 before, during, or after regular school 

7 hours, to supplement regular instruction 

8 for children reading below grade level; 

9 ‘‘(ii) providing reading and writing 

10 opportunities that build academic vocabu11 lary and knowledge of different text struc12 tures in core academic subjects; 

13 ‘‘(iii) enabling children to write, com14 municate, and create knowledge, in ways 

15 that fit purpose, audience, occasion, dis16 cipline, and format, including practice in— 

17 ‘‘(I) adhering to language con18 ventions, including spelling, punctua19 tion, and grammar; 

20 ‘‘(II) planning and revising to 

21 improve clarity, coherence, logical de22 velopment, and language usage; and 

23 ‘‘(III) writing individually and 

24 collaboratively with feedback from in25 structors and peers; and 


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1 ‘‘(iv) cultivating shared responsibility 

2 for children’s literacy learning by coordi3 nating writing tasks, instructional prac4 tices, and criteria for feedback across aca5 demic content areas. 

6 ‘‘(7) ELIGIBLE ENTITY.—The term ‘eligible en7 tity’ means an entity— 

8 ‘‘(A) that serves high-need children; and 

9 ‘‘(B)(i) when used with respect to a 

10 subgrant under section 4108, that consists of— 

11 ‘‘(I) 1 or more local educational 

12 agencies providing early learning pro13 grams that have a demonstrated 

14 record of providing comprehensive lit15 eracy instruction for the age group 

16 such agencies or programs propose to 

17 serve; 

18 ‘‘(II) 1 or more public or private 

19 early learning programs, such as a 

20 Head Start program, a child care pro21 gram, a State-funded prekindergarten 

22 program, a public library program, or 

23 a family literacy program, that have a 

24 demonstrated record of providing 

25 comprehensive literacy instruction for 


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1 the age group such programs propose 

2 to serve; or 

3 ‘‘(III) 1 or more local educational 

4 agencies providing early learning pro5 grams, or 1 or more public or private 

6 early learning programs, such as a 

7 Head Start program, a child care pro8 gram, a State-funded prekindergarten 

9 program, a public library program, or 

10 a family literacy program, in partner11 ship with 1 or more public or private 

12 nonprofit organizations or agencies 

13 that have a demonstrated record of ef14 fectiveness— 

15 ‘‘(aa) in improving the early 

16 literacy development of children 

17 from birth through kindergarten 

18 entry; and 

19 ‘‘(bb) in providing profes20 sional development aligned with 

21 the activities described in section 

22 4108(e)(1); or 

23 ‘‘(ii) when used with respect to a 

24 subgrant under section 4109— 

25 ‘‘(I) that is— 


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1 ‘‘(aa) a local educational 

2 agency; 

3 ‘‘(bb) a consortium of local 

4 educational agencies; or 

5 ‘‘(cc) a local educational 

6 agency or consortium of local 

7 educational agencies acting in 

8 partnership with 1 or more public 

9 or private nonprofit organizations 

10 or agencies that have a dem11 onstrated record of effectiveness 

12 in— 

13 ‘‘(AA) improving lit14 eracy achievement of chil15 dren consistent with the 

16 purposes of their participa17 tion from kindergarten 

18 through grade 12; and 

19 ‘‘(BB) providing profes20 sional development aligned 

21 with the activities described 

22 in subsection (b) and (c) of 

23 section 4109; and 

24 ‘‘(II)(aa) has the highest num25 bers or proportion of children who are 


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1 counted under section 1124(c), in 

2 comparison to other local educational 

3 agencies in the State; 

4 ‘‘(bb) is among or consists of the 

5 local educational agencies in the State 

6 with the highest numbers or percent7 ages of children reading or writing 

8 below grade level, based on the most 

9 currently available State academic as10 sessment data under section 

11 1111(a)(2); or 

12 ‘‘(cc) has jurisdiction over a sig13 nificant number or percentage of 

14 schools that are identified as persist15 ently low-achieving under section 

16 1116(c)(2). 

17 ‘‘(8) ENGLISH LANGUAGE ACQUISITION.— 

18 ‘‘(A) IN GENERAL.—The term ‘English 

19 language acquisition’ means the process by 

20 which a non-native English speaker acquires 

21 proficiency in speaking, listening, reading, and 

22 writing the English language. 

23 ‘‘(B) INCLUSIONS FOR ENGLISH LEARNERS

24 IN SCHOOL.—For an English learner in school, 

25 such term includes not only the social language 


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1 proficiency needed to participate in the school 

2 environment, but also the academic language 

3 proficiency needed to acquire literacy and aca4 demic content and demonstrate the child’s 

5 learning. 

6 ‘‘(9) FAMILY LITERACY SERVICES.—The term 

7 ‘family literacy services’ means literacy services pro8 vided to participants on a voluntary basis that are 

9 of sufficient intensity and quality, that better enable 

10 parents to support their children’s learning needs, 

11 and that integrate— 

12 ‘‘(A) interactive literacy activities between 

13 or among family members who are primary 

14 caregivers and their children, including family 

15 literacy education to improve literacy of par16 ents; and 

17 ‘‘(B) training for family members who are 

18 primary caregivers regarding how to be the pri19 mary teacher for their children and full part20 ners in the education of their children. 

21 ‘‘(10) FORMATIVE ASSESSMENT.—The term 

22 ‘formative assessment’ means an assessment that— 

23 ‘‘(A) is teacher-generated or selected by 

24 teachers or instructional leaders for use during 

25 learning; 


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1 ‘‘(B) is embedded within the learning ac2 tivity and linked directly to the intended out3 comes of the current unit of instruction; and 

4 ‘‘(C) provides feedback to help adjust on5 going teaching and learning to improve chil6 dren’s achievement of intended instructional 

7 outcomes. 

8 ‘‘(11) HIGH-QUALITY PROFESSIONAL DEVELOP9 MENT.—The term ‘high-quality professional develop10 ment’ means professional development that— 

11 ‘‘(A) is job-embedded, ongoing, and based 

12 on scientifically valid research; 

13 ‘‘(B) is sustained, intensive, and class14 room-focused, and is not limited in scope to a 

15 1-day or short-term workshop or conference; 

16 ‘‘(C) is designed to increase the knowledge 

17 and expertise of teachers, early childhood edu18 cators and administrators, principals, other in19 structional leaders, and other program staff in 

20 applying— 

21 ‘‘(i) effective literacy instruction; and 

22 ‘‘(ii) instructional strategies and prac23 tices that are appropriate to the age, devel24 opment, and needs of children and improve 

25 learning, including strategies and practices 


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1 consistent with the principles of universal 

2 design for learning; 

3 ‘‘(D) includes and supports teachers in ef4 fectively administering age and developmentally 

5 appropriate assessments, and analyzing the re6 sults of these assessments for the purposes of 

7 planning, monitoring, adapting, and improving 

8 effective classroom instruction or teaching 

9 strategies to improve child literacy; 

10 ‘‘(E) includes instructional strategies uti11 lizing one-to-one, small group, and classroom12 based instructional materials and approaches 

13 based on scientifically valid research on literacy; 

14 ‘‘(F) provides ongoing instructional literacy 

15 coaching— 

16 ‘‘(i) to ensure high-quality implemen17 tation of comprehensive literacy instruction 

18 that is— 

19 ‘‘(I) content centered; 

20 ‘‘(II) integrated across the cur21 riculum; 

22 ‘‘(III) collaborative; and 

23 ‘‘(IV) school, setting, and class24 room embedded; and 


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1 ‘‘(ii) that uses student data to im2 prove instruction; 

3 ‘‘(G) includes and supports teachers in set4 ting high reading and writing achievement goals 

5 for all children and provides the teachers with 

6 the instructional tools and skills to help chil7 dren reach such goals; 

8 ‘‘(H) for educators serving children in kin9 dergarten through grade 12— 

10 ‘‘(i) supports effective literacy instruc11 tion through core academic subjects, and 

12 through career and technical education 

13 subjects where such career and technical 

14 education subjects provide for the integra15 tion of core academic subjects; and 

16 ‘‘(ii) includes explicit instruction in 

17 discipline-specific thinking and how to read 

18 and interpret discipline-specific text struc19 tures and features; 

20 ‘‘(I) is differentiated for educators working 

21 with children from birth through kindergarten 

22 entry, children in kindergarten through grade 

23 3, and children in grades 4 through 12, and, as 

24 appropriate, based on the grade or needs of the 

25 children; and 


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1 ‘‘(J) supports family literacy experiences 

2 and practices, and educating parents, teachers, 

3 and other caregivers about literacy development 

4 and child literacy development. 

5 ‘‘(12) INSTRUCTIONAL LEADER.—The term ‘in6 structional leader’ means an individual who— 

7 ‘‘(A) is an employee or officer of a school; 

8 and 

9 ‘‘(B) is responsible for— 

10 ‘‘(i) the school’s performance; and 

11 ‘‘(ii) the daily instructional and mana12 gerial operations of the school. 

13 ‘‘(13) LITERACY COACH.—The term ‘literacy 

14 coach’ means a professional— 

15 ‘‘(A) who has— 

16 ‘‘(i) previous teaching experience; 

17 ‘‘(ii) demonstrated abilities in working 

18 with adult learners; and 

19 ‘‘(iii)(I) a master’s degree with a con20 centration in reading and writing edu21 cation or demonstrated proficiency in 

22 teaching reading or writing in a core aca23 demic subject consistent with effective lit24 eracy instruction; or 


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1 ‘‘(II) in the case of a literacy coach 

2 for children from birth through kinder3 garten entry, a concentration, credential, 

4 or significant experience in child develop5 ment and early literacy development; 

6 ‘‘(B) who supports teachers to— 

7 ‘‘(i) apply research on how children 

8 become successful readers, writers, and 

9 communicators; 

10 ‘‘(ii) apply multiple forms of assess11 ment to guide instructional decisionmaking 

12 and use data to improve literacy instruc13 tion; 

14 ‘‘(iii) improve children’s writing and 

15 reading in and across content areas such 

16 as mathematics, science, social studies, and 

17 language arts; 

18 ‘‘(iv) develop and implement differen19 tiated instruction and teaching approaches 

20 to serve the needs of the full range of 

21 learners, including English learners and 

22 children with disabilities; 

23 ‘‘(v) apply principles of universal de24 sign for learning; 


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1 ‘‘(vi) employ best practices in engag2 ing principals, early learning program edu3 cators and administrators, teachers, and 

4 other relevant professionals to create 

5 school cultures that encourage and support 

6 literacy development and achievement; and 

7 ‘‘(vii) set for children birth through 

8 kindergarten developmentally appropriate 

9 expectations for language and literacy de10 velopment, and high reading and writing 

11 achievement goals for all children and se12 lect, acquire, and use instructional tools 

13 and skills to help children reach such 

14 goals; and 

15 ‘‘(C) whose role with teachers and profes16 sionals supporting literacy instruction is— 

17 ‘‘(i) to provide high-quality profes18 sional development, consistent with the 

19 definition of comprehensive literacy in20 struction; 

21 ‘‘(ii) to work cooperatively and col22 laboratively with principals, teachers, and 

23 other professionals in employing strategies 

24 to help teachers identify and support child 

25 literacy and language development needs 


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1 and teach literacy across the content areas 

2 and developmental domains; and 

3 ‘‘(iii) to work cooperatively and col4 laboratively with other professionals in em5 ploying strategies to help teachers teach 

6 literacy across the content areas so that 

7 the teachers can meet the needs of all chil8 dren, including children with disabilities, 

9 English learners, and children who are 

10 reading at or above grade level. 

11 ‘‘(14) LOCAL EDUCATIONAL AGENCY.—The 

12 term ‘local educational agency’— 

13 ‘‘(A) has the meaning given the term in 

14 section 9101; and 

15 ‘‘(B) includes any public charter school 

16 that constitutes a local educational agency 

17 under State law. 

18 ‘‘(15) READING.—The term ‘reading’ means a 

19 complex system of deriving meaning from print that 

20 is developmentally appropriate, that requires all of 

21 the following: 

22 ‘‘(A) The skills and knowledge to under23 stand how phonemes, or speech sounds, are 

24 connected to print. 


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1 ‘‘(B) The ability to read with comprehen2 sion. 

3 ‘‘(C) The ability to decode unfamiliar 

4 words with fluency. 

5 ‘‘(D) The use of background knowledge 

6 and vocabulary to make meaning from a text. 

7 ‘‘(E) The development and use of appro8 priate active strategies to interpret and con9 struct meaning from print. 

10 ‘‘(F) The development and maintenance of 

11 a motivation to read. 

12 ‘‘(16) SCIENTIFICALLY VALID RESEARCH.—The 

13 term ‘scientifically valid research’ has the meaning 

14 given the term in section 200 of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1021). 

16 ‘‘(17) SCREENING ASSESSMENT.—The term 

17 ‘screening assessment’ means an assessment that 

18 is— 

19 ‘‘(A) valid, reliable, and based on scientif20 ically based reading research; and 

21 ‘‘(B) a brief procedure designed as a first 

22 step in identifying children who may be at high 

23 risk for delayed development or academic fail24 ure and in need of further diagnosis of their 


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1 need for special services or additional reading 

2 instruction. 

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

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

5 Commonwealth of Puerto Rico. 

6 ‘‘(19) STATE LITERACY LEADERSHIP TEAM.— 

7 ‘‘(A) IN GENERAL.—The term ‘State lit8 eracy leadership team’ means a team that— 

9 ‘‘(i) is appointed and coordinated by 

10 the State educational agency; 

11 ‘‘(ii) assumes the responsibility to 

12 guide the improvement or development and 

13 implementation of a statewide, comprehen14 sive literacy plan; 

15 ‘‘(iii) shall include, at a minimum— 

16 ‘‘(I) a school principal with lit17 eracy expertise; 

18 ‘‘(II) a teacher with literacy ex19 pertise; 

20 ‘‘(III) a teacher or administrator 

21 with expertise in special education; 

22 ‘‘(IV) a teacher or administrator 

23 with expertise in teaching the English 

24 language to English learners; 


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1 ‘‘(V) a representative from the 

2 State educational agency who oversees 

3 literacy initiatives; and 

4 ‘‘(VI) a representative from high5 er education who is actively involved 

6 in research, development, or teacher 

7 preparation in comprehensive literacy 

8 instruction and intervention based on 

9 scientifically valid research; 

10 ‘‘(iv) may include— 

11 ‘‘(I) a literacy specialist serving 

12 in a school district within the State; 

13 ‘‘(II) a literacy coach; 

14 ‘‘(III) a librarian; 

15 ‘‘(IV) a representative with fam16 ily literacy expertise; 

17 ‘‘(V) a representative from a 

18 State child-serving agency with exper19 tise in comprehensive language and 

20 literacy instruction and strategies; 

21 ‘‘(VI) a school counselor; 

22 ‘‘(VII) a teacher of a core aca23 demic subject; 

24 ‘‘(VIII) a special education ad25 ministrator; 


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1 ‘‘(IX) a professor from a 4-year 

2 institution of higher education; 

3 ‘‘(X) a parent; 

4 ‘‘(XI) a business leader; 

5 ‘‘(XII) the Governor or a dele6 gated representative of the Governor; 

7 ‘‘(XIII) a representative from the 

8 State board of education; 

9 ‘‘(XIV) a representative from the 

10 State legislature; 

11 ‘‘(XV) a representative of a non12 profit and community-based organiza13 tion providing comprehensive literacy 

14 instruction and support; and 

15 ‘‘(XVI) a representative from a 

16 school district superintendent’s office; 

17 and 

18 ‘‘(v) shall include, among the individ19 uals selected to be members of the council 

20 pursuant to clauses (iii) and (iv), not less 

21 than 5 individuals who have literacy exper22 tise in 1 of each of the areas of— 

23 ‘‘(I) birth through kindergarten 

24 entry, such as the State Head Start 

25 collaboration director; 


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1 ‘‘(II) kindergarten entry through 

2 grade 3; 

3 ‘‘(III) grades 4 through 12; 

4 ‘‘(IV) English learners; and 

5 ‘‘(V) special education. 

6 ‘‘(B) INCLUSION OF A PREEXISTING PART7 NERSHIP.—If, before the date of enactment of 

8 the Strengthening America’s Schools Act of 

9 2013, a State educational agency established a 

10 consortium, partnership, or any other similar 

11 body that was considered a literacy partnership 

12 for purposes of subpart 1 or 2 of part B of title 

13 I (as such title was in effect on such date) and 

14 that includes the individuals required under 

15 clauses (iii) and (v) of subparagraph (A), such 

16 consortium, partnership, or body may be con17 sidered a State literacy leadership team for pur18 poses of subparagraph (A). 

19 ‘‘(20) SUMMATIVE ASSESSMENT.—The term 

20 ‘summative assessment’ means an assessment that— 

21 ‘‘(A) is valid, reliable, and based on sci22 entifically valid research on literacy and English 

23 language acquisition; and 

24 ‘‘(B) for children from birth through kin25 dergarten entry, measures how young children 


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1 have progressed over time relative to develop2 mental norms, and for children in kindergarten 

3 through grade 12, measures what children have 

4 learned over time, relative to academic content 

5 standards. 

6 ‘‘(21) WRITING.—The term ‘writing’ means— 

7 ‘‘(A) composing meaning in print or 

8 through other media, including technologies, to 

9 communicate and to create new knowledge in 

10 ways appropriate to the context of the writing 

11 and the literacy development stage of the writ12 er; 

13 ‘‘(B) composing ideas individually and col14 laboratively in ways that are appropriate for a 

15 variety of purposes, audiences, and occasions; 

16 ‘‘(C) choosing vocabulary, tone, genre, and 

17 conventions, such as spelling and punctuation, 

18 suitable to the purpose, audience, and occasion; 

19 and 

20 ‘‘(D) revising compositions for clarity of 

21 ideas, coherence, logical development, and preci22 sion of language use. 

23 ‘‘SEC. 4104. PROGRAM AUTHORIZED. 

24 ‘‘(a) RESERVATIONS AND AWARDS TO STATE EDU25 CATIONAL AGENCIES.— 


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1 ‘‘(1) IN GENERAL.—From the amounts appro2 priated to carry out this part for a fiscal year, the 

3 Secretary shall— 

4 ‘‘(A) reserve not more than a total of 4 

5 percent of such amounts for dissemination of 

6 information and technical assistance under sec7 tion 4110; 

8 ‘‘(B) reserve not more than 5 percent of 

9 such amounts to award planning grants, on a 

10 competitive basis, to State educational agencies 

11 serving States, in accordance with section 4105; 

12 ‘‘(C) in the case of a fiscal year for which 

13 the amounts to carry out this part are less than 

14 $500,000,000, use the amount not reserved 

15 under subparagraphs (A) and (B) to make 

16 awards, on a competitive basis, to State edu17 cational agencies serving States that have appli18 cations approved under section 4106 to enable 

19 the State educational agencies to carry out the 

20 activities described in section 4106(a); and 

21 ‘‘(D) in the case of a fiscal year for which 

22 the amounts appropriated to carry out this part 

23 are equal to or exceeding $500,000,000— 

24 ‘‘(i) reserve a total of 1 percent of 

25 such amount for— 


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1 ‘‘(I) allotments for the United 

2 States Virgin Islands, Guam, Amer3 ican Samoa, and the Commonwealth 

4 of the Northern Mariana Islands, to 

5 be distributed among such outlying 

6 areas on the basis of their relative 

7 need, as determined by the Secretary 

8 in accordance with the purposes of 

9 this part; and 

10 ‘‘(II) the Secretary of the Inte11 rior for programs under sections 4105 

12 through 4109 in schools operated or 

13 funded by the Bureau of Indian Edu14 cation; and 

15 ‘‘(ii) use the amount not reserved 

16 under clause (i) and subparagraphs (A) 

17 and (B) to make awards, as described in 

18 paragraph (2), to State educational agen19 cies serving States that have applications 

20 approved under section 4106 to enable the 

21 State educational agencies to carry out the 

22 activities described in section 4106(a). 

23 ‘‘(2) SPECIAL RULES FOR YEARS WITH FUNDS

24 EQUAL OR EXCEEDING $500,000,000.— 


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1 ‘‘(A) PROPORTIONAL DIVISION.—In each 

2 fiscal year described in paragraph (1)(D), the 

3 amount reserved under paragraph (1)(D)(i) 

4 shall be divided between the uses described in 

5 subclauses (I) and (II) of such paragraph in the 

6 same proportion as the amount reserved under 

7 section 1121(a) is divided between the uses de8 scribed in paragraphs (1) and (2) of such sec9 tion for such fiscal year. 

10 ‘‘(B) CONSULTATION.—A State edu11 cational agency that receives an allotment 

12 under paragraph (1)(D)(ii) shall engage in 

13 timely and meaningful consultation with rep14 resentatives of Indian tribes located in the 

15 State in order to improve the coordination and 

16 quality of activities designed to develop effective 

17 approaches to achieve the purposes of this part 

18 consistent with the cultural, language, and edu19 cational needs of Indian children. 

20 ‘‘(C) STATE ALLOTMENT FORMULA.—The 

21 Secretary shall allot the amount made available 

22 under paragraph (1)(D)(ii) for a fiscal year 

23 among the States in proportion to the number 

24 of children, from birth through age 17, who re25 side within the State and are from families with 


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1 incomes below the poverty line for the most re2 cent fiscal year for which satisfactory data are 

3 available, compared to the number of such chil4 dren who reside in all States for that fiscal 

5 year. 

6 ‘‘(3) MINIMUM AWARD AMOUNT.—No State 

7 educational agency receiving an award under this 

8 section for a fiscal year may receive less than one9 fourth of 1 percent of the total amount appropriated 

10 to carry out this part for the fiscal year. 

11 ‘‘(4) PUERTO RICO.—The amount allotted 

12 under paragraph (1)(C) to the Commonwealth of 

13 Puerto Rico for a fiscal year may not exceed one14 fourth of 1 percent of the total amount appropriated 

15 to carry out this part for such fiscal year. 

16 ‘‘(b) PEER REVIEW.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall con18 vene a peer review panel to evaluate the applications 

19 to carry out section 4105 or 4106 using the evalua20 tion criteria described in paragraph (2). 

21 ‘‘(2) DEVELOPMENT OF EVALUATION CRI22 TERIA.—The Secretary shall report to the author23 izing committees regarding the peer review process 

24 and evaluation criteria that shall be used to evaluate 


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1 the grant applications to carry out sections 4105 

2 and 4106. 

3 ‘‘(3) MEMBERSHIP.— 

4 ‘‘(A) COMPOSITION.—A peer review panel 

5 convened under paragraph (1) shall be com6 posed of not less than 9 members, of whom— 

7 ‘‘(i) 3 shall be appointed by the Sec8 retary; 

9 ‘‘(ii) 3 shall be appointed by the Sec10 retary from among individuals— 

11 ‘‘(I) recommended by the Chair12 man of the National Research Council 

13 of the National Academy of Sciences; 

14 and 

15 ‘‘(II) with expertise in com16 prehensive language and literacy in17 struction and strategies; and 

18 ‘‘(iii) 3 shall be appointed by the Sec19 retary from among individuals— 

20 ‘‘(I) recommended by the Direc21 tor of the National Institute of Child 

22 Health and Human Development; and 

23 ‘‘(II) with expertise concerning 

24 literacy development in children from 

25 birth through grade 12. 


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1 ‘‘(B) COMPETENCY AND EXPERTISE.—The 

2 peer review panel convened under paragraph (1) 

3 may include— 

4 ‘‘(i) classroom teachers with expertise 

5 in literacy, and literacy coaches, includ6 ing— 

7 ‘‘(I) special education teachers; 

8 ‘‘(II) teachers of children who are 

9 English learners; and 

10 ‘‘(III) early childhood educators; 

11 ‘‘(ii) experts who provide high-quality 

12 professional development to teachers and 

13 other instructional staff to support chil14 dren’s literacy development; 

15 ‘‘(iii) experts in the screening assess16 ment, diagnostic assessment, and other as17 sessment of children’s literacy develop18 ment; and 

19 ‘‘(iv) experts in comprehensive literacy 

20 instruction and strategies in reading and 

21 writing, language development, and 

22 English language acquisition, as appro23 priate, including reading and writing in 

24 core academic subjects. 


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1 ‘‘(4) DISTRIBUTION OF RECOMMENDATIONS.— 

2 Not later than 120 days after a peer review panel 

3 submits to the Secretary the panel’s recommenda4 tion regarding an application by a State educational 

5 agency for a grant under section 4105 or 4106, the 

6 Secretary shall notify the State educational agency 

7 that the application has been approved or dis8 approved and shall provide to such State educational 

9 agency a copy of the peer review panel’s rec10 ommendation. 

11 ‘‘(c) CONFLICTS OF INTEREST.— 

12 ‘‘(1) PEER REVIEW PANELS.—The Secretary 

13 shall ensure that each member of a peer review 

14 panel described in subsection (b) does not stand to 

15 benefit financially from a grant or subgrant awarded 

16 under this part. 

17 ‘‘(2) STATE LITERACY LEADERSHIP TEAMS.— 

18 Each State educational agency that receives funding 

19 under this part shall ensure that each member of a 

20 State literacy leadership team participating in a pro21 gram or activity assisted under this part does not 

22 stand to benefit financially from a grant or subgrant 

23 awarded under this part. 

24 ‘‘(d) SUPPLEMENT NOT SUPPLANT.—Award funds 

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1 plant, non-Federal funds that would, in the absence of 

2 such award funds, be made available for literacy instruc3 tion and support of children participating in programs as4 sisted under this part. 

5 ‘‘(e) MAINTENANCE OF EFFORT.—Each State edu6 cational agency that receives a grant or allotment under 

7 this section, and each eligible entity that receives a 

8 subgrant under section 4108 or 4109, shall maintain for 

9 the fiscal year for which the grant or subgrant is received 

10 and for each subsequent fiscal year the expenditures of 

11 the State educational agency or eligible entity, respec12 tively, for literacy instruction at a level not less than the 

13 level of such expenditures maintained by the State edu14 cational agency or eligible entity, respectively, for the fis15 cal year preceding such fiscal year for which the grant 

16 or subgrant is received. 

17 ‘‘SEC. 4105. STATE PLANNING GRANTS. 

18 ‘‘(a) PLANNING GRANTS AUTHORIZED.— 

19 ‘‘(1) IN GENERAL.—From amounts made avail20 able under section 4104(a)(1)(B), the Secretary may 

21 award planning grants to State educational agencies 

22 to enable the State educational agencies to complete 

23 comprehensive planning to carry out activities that 

24 improve literacy for children from birth through 

25 grade 12. 


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1 ‘‘(2) GRANT PERIOD.—A planning grant award2 ed under this section shall be for a period of not 

3 more than 1 year. 

4 ‘‘(3) NONRENEWABILITY.—The Secretary shall 

5 not award a State educational agency more than 1 

6 planning grant under this section. 

7 ‘‘(b) APPLICATION.— 

8 ‘‘(1) IN GENERAL.—Each State educational 

9 agency desiring a planning grant under this section 

10 shall submit an application to the Secretary at such 

11 time, in such manner, and accompanied by such in12 formation as the Secretary may require. 

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

14 under this subsection shall, at a minimum, include 

15 a description of how the State educational agency 

16 will develop a plan for improving State efforts to de17 velop, coordinate, implement, and assess comprehen18 sive literacy activities that ensure high-quality in19 struction and effective strategies in reading and 

20 writing for all children in early learning programs 

21 and kindergarten through grade 12 programs. Such 

22 plan shall— 

23 ‘‘(A) describe the activities for which as24 sistance under this section is sought, dem25 onstrating a particular focus on children who 


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1 are reading or writing below grade level and 

2 children whose early literacy skills are below the 

3 appropriate age or developmental level; 

4 ‘‘(B) provide a budget for the use of the 

5 planning grant funds to complete the required 

6 activities described in subsection (c); 

7 ‘‘(C) include an analysis of data on child 

8 literacy and language and student academic 

9 achievement in reading to identify and establish 

10 baseline and benchmark levels against which to 

11 monitor child progress and improvement in lit12 eracy; and 

13 ‘‘(D) provide an assurance that all State 

14 agencies responsible for administering early 

15 learning programs and services (including the 

16 State Head Start Collaboration Office and the 

17 State agency responsible for administering child 

18 care) and the State Advisory Council on Early 

19 Childhood Education and Care collaborated 

20 with the State educational agency to write the 

21 early learning portion of the grant application 

22 submitted under this subsection. 

23 ‘‘(3) APPROVAL OF APPLICATIONS.—The Sec24 retary shall evaluate applications under this sub25 section based on the quality of the response of the 


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1 applications to the requirements under this sub2 section. 

3 ‘‘(c) REQUIRED ACTIVITIES.—A State educational 

4 agency receiving planning grant funds under this section 

5 shall carry out each of the following activities: 

6 ‘‘(1) Reviewing reading, writing, or other lan7 guage and literacy resources and programs, such as 

8 school library programs, and data across the State 

9 to identify any literacy needs and gaps in the State. 

10 ‘‘(2) Forming or designating a State literacy 

11 leadership team which shall execute the following 

12 functions: 

13 ‘‘(A) Creating a comprehensive State lit14 eracy plan that— 

15 ‘‘(i) is designed to improve language 

16 development, reading, writing, and aca17 demic achievement for children, especially 

18 children reading below grade level and chil19 dren whose literacy skills are below the ap20 propriate age or developmental level; 

21 ‘‘(ii) includes— 

22 ‘‘(I) a needs assessment and an 

23 implementation plan, including an 

24 analysis of data on child literacy and 

25 student academic achievement in 


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1 reading to identify baseline and 

2 benchmark levels of literacy and early 

3 literacy skills in order to monitor 

4 progress and improvement; and 

5 ‘‘(II) a plan to improve reading 

6 achievement among all children; 

7 ‘‘(iii) ensures high-quality instruction, 

8 consistent with the characteristics of effec9 tive literacy instruction and strategies, in 

10 early learning programs and kindergarten 

11 through grade 12 programs; and 

12 ‘‘(iv) provides for activities designed 

13 to improve literacy achievement for chil14 dren who read or write below grade level, 

15 including such children who— 

16 ‘‘(I) attend schools that are iden17 tified under section 1116(c)(2); or 

18 ‘‘(II) are counted under section 

19 1124(c); 

20 ‘‘(B) Providing recommendations to guide 

21 the State educational agency in the State edu22 cational agency’s process of strengthening State 

23 literacy standards and embedding State literacy 

24 standards with the State’s college and career 

25 ready academic content standards and college 


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1 and career ready student academic achievement 

2 standards, and early learning and development 

3 standards. 

4 ‘‘(C) Providing recommendations to guide 

5 the State educational agency in the State edu6 cational agency’s process of measuring, assess7 ing, and monitoring progress in literacy at the 

8 school, local educational agency, and State lev9 els. 

10 ‘‘(D) Identifying criteria for high-quality 

11 professional development providers, which pro12 viders may include qualified teachers within the 

13 State, for the State educational agency and 

14 local educational agencies. 

15 ‘‘(E) Advising the State educational agen16 cy on how to help ensure that local educational 

17 agencies and schools provide timely and appro18 priate data to teachers to inform and improve 

19 instruction. 

20 ‘‘(F) Providing recommendations to guide 

21 the State educational agency in the State edu22 cational agency’s planning process of building 

23 educators’ capacity to provide high-quality com24 prehensive literacy instruction. 


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1 ‘‘SEC. 4106. STATE IMPLEMENTATION GRANTS. 

2 ‘‘(a) IMPLEMENTATION GRANTS AUTHORIZED.— 

3 ‘‘(1) IN GENERAL.—From amounts made avail4 able under subparagraphs (C) or (D)(ii) of section 

5 4104(a)(1) (as applicable), the Secretary shall award 

6 implementation grants to State educational agencies 

7 to enable the State educational agencies— 

8 ‘‘(A) to implement the comprehensive lit9 eracy plan that meets the criteria in section 

10 4105(c)(2)(A) for early learning programs and 

11 kindergarten through grade 12 programs; 

12 ‘‘(B) to carry out State activities under 

13 section 4107; and 

14 ‘‘(C) to award subgrants under sections 

15 4108 and 4109. 

16 ‘‘(2) LIMITATION.—The Secretary shall not 

17 award an implementation grant under this section to 

18 a State for any year for which the State has received 

19 a planning grant under section 4105. 

20 ‘‘(3) DURATION OF GRANTS.—An implementa21 tion grant under this section shall be awarded for a 

22 period of not more than 5 years. 

23 ‘‘(4) RENEWALS.— 

24 ‘‘(A) IN GENERAL.—The Secretary may 

25 renew a grant under this section for a period of 

26 not more than 2 years. 


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1 ‘‘(B) CONDITIONS.—In order to be eligible 

2 to have an implementation grant renewed under 

3 this paragraph, the State educational agency 

4 shall demonstrate to the satisfaction of the Sec5 retary that, during the project period— 

6 ‘‘(i) with respect to children from 

7 birth through kindergarten entry, the State 

8 educational agency has collaborated with 

9 the State agencies that oversee child care 

10 and other early learning programs, and 

11 has collaborated with the State Advisory 

12 Council on Early Childhood Education and 

13 Care, to comply with the terms of the 

14 grant, including using the funds— 

15 ‘‘(I) to increase access to high16 quality professional development; 

17 ‘‘(II) for developmentally appro18 priate curricula and teaching mate19 rials; and 

20 ‘‘(III) for developmentally appro21 priate classroom-based instructional 

22 assessments and developmentally ap23 propriate screening assessments and 

24 diagnostic assessments; and 


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1 ‘‘(ii) with respect to children in kin2 dergarten through grade 12, demonstrates 

3 that there has been significant progress in 

4 student academic achievement, as meas5 ured by appropriate assessments, including 

6 the assessments included in the State ac7 countability system under section 

8 1111(a)(3)(A). 

9 ‘‘(b) STATE APPLICATIONS.— 

10 ‘‘(1) IN GENERAL.—A State educational agency 

11 that desires to receive an implementation grant 

12 under this section shall submit an application to the 

13 Secretary at such time, in such manner, and con14 taining such information as the Secretary may re15 quire. The State educational agency shall collaborate 

16 with the State agency responsible for administering 

17 early learning programs and the State agency re18 sponsible for administering child care programs in 

19 the State in writing and implementing the early 

20 learning portion of the grant application under this 

21 subsection. 

22 ‘‘(2) CONTENTS.—An application described in 

23 paragraph (1) shall include the following: 

24 ‘‘(A) A description of the members of the 

25 State literacy leadership team and a description 


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1 of how the State educational agency has devel2 oped a comprehensive State literacy plan, con3 sistent with the requirements of section 

4 4105(c)(2)(A). 

5 ‘‘(B) An implementation plan that includes 

6 a description of how the State educational agen7 cy will— 

8 ‘‘(i) carry out the State activities de9 scribed in section 4107; 

10 ‘‘(ii) assist eligible entities with— 

11 ‘‘(I) providing strategic and in12 tensive comprehensive literacy instruc13 tion based on scientifically valid re14 search for children who are reading 

15 and writing below grade level, includ16 ing through— 

17 ‘‘(aa) the use of multitiered 

18 systems of support; and 

19 ‘‘(bb) addressing the literacy 

20 needs of children with disabilities 

21 or developmental delays and 

22 English learners in programs 

23 serving children from birth 

24 through grade 12; 


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1 ‘‘(II) providing training to par2 ents, as appropriate, so that the par3 ents can participate in the literacy re4 lated activities described in sections 

5 4108 and 4109 to assist in the lan6 guage and literacy development of 

7 their children; 

8 ‘‘(III) selecting and using read9 ing and writing assessments; 

10 ‘‘(IV) providing classroom-based 

11 instruction that is supported by one12 to-one and small group work; 

13 ‘‘(V) using curricular materials 

14 and instructional tools, which may in15 clude technology, to improve instruc16 tion and literacy achievement; 

17 ‘‘(VI) providing for high-quality 

18 professional development; and 

19 ‘‘(VII) using the principles of 

20 universal design for learning; 

21 ‘‘(iii) ensure that local educational 

22 agencies in the State have leveraged and 

23 are effectively leveraging the resources 

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1 pacity to implement literacy initiatives ef2 fectively; and 

3 ‘‘(iv) continually coordinate and align 

4 the activities assisted under this part with 

5 reading, writing, and other literacy re6 sources and programs across the State and 

7 locally that serve children and their fami8 lies and promote comprehensive literacy in9 struction and learning, including strength10 ening partnerships among schools, librar11 ies, local youth-serving agencies, and pro12 grams, in order to improve literacy for all 

13 children. 

14 ‘‘(C) A description of the key data metrics, 

15 and the performance targets for such metrics, 

16 that will be used and reported annually under 

17 section 4111(b)(1), which shall include— 

18 ‘‘(i) metrics established consistent 

19 with section 1111(a)(3)(A), for children in 

20 grades 3 through 12; and 

21 ‘‘(ii) the relevant program metrics and 

22 performance targets that the State shall 

23 use to monitor the implementation of its 

24 plan under section 4111. 


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1 ‘‘(D) An assurance that the State edu2 cational agency, and any eligible entity receiv3 ing a subgrant from the State educational agen4 cy under section 4108 or 4109, will, if re5 quested, participate in the national evaluation 

6 under section 4110. 

7 ‘‘(E) An assurance that the State edu8 cational agency will use implementation grant 

9 funds for literacy programs as follows: 

10 ‘‘(i) Not less than 10 percent of such 

11 grant funds shall be used for State and 

12 local programs and activities pertaining to 

13 children from birth through kindergarten 

14 entry. 

15 ‘‘(ii) Not less than 30 percent of such 

16 grant funds shall be used for State and 

17 local programs and activities, allocated eq18 uitably among the grades of kindergarten 

19 through grade 5. 

20 ‘‘(iii) Not less than 30 percent of such 

21 grant funds shall be used for State and 

22 local programs and activities, allocated eq23 uitably among grades 6 through 12. 

24 ‘‘(iv) Not more than 10 percent of 

25 such implementation grant funds shall be 


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1 used for the State activities described in 

2 section 4107. 

3 ‘‘(F) An assurance that the State edu4 cational agency shall give priority to awarding 

5 a subgrant to an eligible entity— 

6 ‘‘(i) under section 4108 based on the 

7 number or percentage of children younger 

8 than the age of kindergarten entry who 

9 are— 

10 ‘‘(I) served by the eligible entity; 

11 and 

12 ‘‘(II) from families with income 

13 levels below the poverty line; and 

14 ‘‘(ii) under section 4109 based on— 

15 ‘‘(I) the number or percentage of 

16 children from birth through age 17 

17 who are— 

18 ‘‘(aa) served by the eligible 

19 entity; and 

20 ‘‘(bb) from families with in21 come levels below the poverty 

22 line; and 

23 ‘‘(II) the number or percentage 

24 of children in kindergarten through 

25 grade 12 served by the eligible entity 


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1 who are reading and writing below 

2 grade level according to State assess3 ments. 

4 ‘‘(c) APPROVAL OF APPLICATIONS.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall evalu6 ate State educational agency applications under sub7 section (b) based on the quality of the response of 

8 the applications to the application requirements 

9 under such subsection. 

10 ‘‘(2) PEER REVIEW.—The Secretary shall con11 vene a peer review panel in accordance with section 

12 4104(b) to evaluate applications for each implemen13 tation grant awarded to a State educational agency 

14 under this section. 

15 ‘‘(3) EARLY LEARNING.—In order for a State 

16 educational agency’s application under this section 

17 to be approved by the Secretary, the application 

18 shall contain an assurance that the State agencies 

19 responsible for administering early learning pro20 grams and services, including the State agency re21 sponsible for administering child care programs, in22 cluding, as applicable, the State Advisory Council on 

23 Early Childhood Education and Care, approve of 

24 and will be extensively consulted in the implementa25 tion of activities consistent with section 4108, with 


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1 respect to the early learning portion of the applica2 tion. 

3 ‘‘SEC. 4107. STATE ACTIVITIES. 

4 ‘‘(a) REQUIRED ACTIVITIES.—A State educational 

5 agency shall use the implementation grant funds described 

6 in section 4106(b)(2)(E)(iv) to carry out the activities pro7 posed in a State’s implementation plan under section 

8 4106(b)(2)(B), including the following activities: 

9 ‘‘(1) In consultation with the State literacy 

10 leadership team, providing technical assistance, or 

11 engaging qualified providers to provide technical as12 sistance, to eligible entities to enable the eligible en13 tities to design and implement literacy programs 

14 under section 4108 or 4109. 

15 ‘‘(2) Consulting with the State literacy leader16 ship team and coordinating with institutions of high17 er education in the State— 

18 ‘‘(A) in order to provide recommendations 

19 to strengthen and enhance preservice courses 

20 for students preparing, at institutions of higher 

21 education in the State, to teach children from 

22 birth through grade 12 in explicit, systematic, 

23 and intensive instruction in evidence-based lit24 eracy methods; and 


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1 ‘‘(B) by following up on reviews completed 

2 by the State literacy leadership team with rec3 ommendations to ensure that such institutions 

4 offer courses that meet the highest standards. 

5 ‘‘(3) Reviewing and updating, in collaboration 

6 with teachers, statewide educational and professional 

7 organizations representing teachers, and statewide 

8 educational and professional organizations rep9 resenting institutions of higher education, State li10 censure or certification standards in the area of lit11 eracy instruction in early education through grade 

12 12. 

13 ‘‘(4) Making publicly available, including on the 

14 State educational agency’s website, information on 

15 promising instructional practices to improve child lit16 eracy achievement. 

17 ‘‘(b) PERMISSIVE ACTIVITIES.—After carrying out 

18 the activities described in subsection (a), a State edu19 cational agency may use remaining implementation grant 

20 funds described in section 4106(b)(2)(E)(iv) to carry out 

21 1 or more of the following activities: 

22 ‘‘(1) Training the personnel of eligible entities 

23 to use data systems to improve child literacy learn24 ing. 


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1 ‘‘(2) Developing literacy coach training pro2 grams and training literacy coaches. 

3 ‘‘(3) Building public support among local edu4 cational agency personnel, early learning programs, 

5 and the community for comprehensive literacy in6 struction for children from birth through grade 12. 

7 ‘‘(4) Administration and evaluation of activities 

8 carried out under this part. 

9 ‘‘SEC. 4108. SUBGRANTS TO ELIGIBLE ENTITIES IN SUP10 PORT OF BIRTH THROUGH KINDERGARTEN 

11 ENTRY LITERACY. 

12 ‘‘(a) SUBGRANTS.— 

13 ‘‘(1) IN GENERAL.—A State educational agen14 cy, in consultation with the State agencies respon15 sible for administering early learning programs and 

16 services, including the State agency responsible for 

17 administering child care programs, including, as ap18 plicable, the State Advisory Council on Early Child19 hood Education and Care, shall use a portion of im20 plementation grant funds provided under subpara21 graph (C) or (D)(ii) of section 4104(a)(1) to award 

22 subgrants, on a competitive basis, to eligible entities 

23 to enable the eligible entities to support high-quality 

24 early literacy initiatives for children from birth 

25 through kindergarten entry. 


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1 ‘‘(2) DURATION.—The term of a subgrant 

2 under this section shall be determined by the State 

3 educational agency awarding the subgrant. 

4 ‘‘(b) SUFFICIENT SIZE AND SCOPE.—Each subgrant 

5 awarded under this section shall be of sufficient size and 

6 scope to allow the eligible entity to carry out high-quality 

7 early literacy initiatives for children from birth through 

8 kindergarten entry. 

9 ‘‘(c) LOCAL APPLICATIONS.—An eligible entity desir10 ing to receive a subgrant under this section shall submit 

11 an application to the State educational agency, at such 

12 time, in such manner, and containing such information as 

13 the State educational agency may require. Such applica14 tion shall include a description of— 

15 ‘‘(1) how the subgrant funds will be used to en16 hance the language and literacy development and 

17 school readiness of children, from birth through kin18 dergarten entry, in early learning programs, which 

19 shall include an analysis of data that support the 

20 proposed use of subgrant funds; 

21 ‘‘(2) the programs that the eligible entity pro22 poses to assist under the subgrant, including demo23 graphic and socioeconomic information on the chil24 dren enrolled in the programs; 


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1 ‘‘(3) a budget for the eligible entity that 

2 projects the cost of developing and implementing lit3 eracy initiatives to carry out the activities described 

4 in subsection (e); 

5 ‘‘(4) how, if the eligible entity is requesting a 

6 planning period, which shall not exceed 1 year, the 

7 eligible entity will use that planning period to pre8 pare for successful implementation of a plan to sup9 port the development of learning and literacy con10 sistent with the purposes of this part; 

11 ‘‘(5) the literacy initiatives, if any, in place and 

12 how these initiatives will be coordinated and inte13 grated with activities supported under this section; 

14 ‘‘(6) how the subgrant funds will be used to 

15 prepare and provide ongoing assistance to staff in 

16 the programs, through high-quality professional de17 velopment; 

18 ‘‘(7) how the subgrant funds will be used to 

19 provide services, incorporate activities, and select 

20 and use literacy instructional materials that— 

21 ‘‘(A) meet the diverse developmental and 

22 linguistic needs of children, including English 

23 learners and children with disabilities and de24 velopmental delays; and 


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1 ‘‘(B) are based on scientifically valid re2 search on child development and learning for 

3 children from birth through kindergarten entry; 

4 ‘‘(8) how the subgrant funds will be used to 

5 provide screening assessments, diagnostic assess6 ments, and classroom-based instructional assess7 ments and assessments of developmental progress; 

8 ‘‘(9) how families and caregivers will be in9 volved, as appropriate, in supporting their child’s lit10 eracy development, instruction, and assessment; 

11 ‘‘(10) how the subgrant funds will be used to 

12 help children, particularly children experiencing dif13 ficulty with spoken and written language, to make 

14 the transition from early childhood education pro15 grams to formal classroom instruction; 

16 ‘‘(11) how the activities assisted under the 

17 subgrant will be coordinated with comprehensive lit18 eracy instruction at the kindergarten through grade 

19 12 levels; 

20 ‘‘(12) how the subgrant funds will be used— 

21 ‘‘(A) to evaluate the success of the activi22 ties assisted under the subgrant in enhancing 

23 the early language and literacy development of 

24 children from birth through kindergarten entry; 

25 and 


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1 ‘‘(B) to evaluate data for program im2 provement; and 

3 ‘‘(13) such other information as the State edu4 cational agency may require. 

5 ‘‘(d) APPROVAL OF LOCAL APPLICATIONS.—The 

6 State educational agency, in consultation with the State 

7 agencies responsible for administering early learning pro8 grams, including the State agency responsible for admin9 istering child care programs and the State Advisory Coun10 cil on Early Childhood Education and Care, shall— 

11 ‘‘(1) select applications for funding under this 

12 section based on the quality of the applications sub13 mitted, including the relationship between literacy 

14 activities proposed and the research base or data 

15 supporting such investments, as appropriate, and the 

16 recommendations of— 

17 ‘‘(A) the State literacy leadership team; 

18 and 

19 ‘‘(B) other experts in the area of early lit20 eracy; and 

21 ‘‘(2) place priority for funding programs based 

22 on the criteria in section 4106(b)(2)(F). 

23 ‘‘(e) LOCAL USES OF FUNDS.— 

24 ‘‘(1) IN GENERAL.—An eligible entity that re25 ceives a subgrant under this section shall use the 


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1 subgrant funds, consistent with the entity’s approved 

2 application under subsection (c), to— 

3 ‘‘(A) enhance and improve early learning 

4 programs to ensure that children in such pro5 grams are provided with high-quality oral lan6 guage and literature- and print-rich environ7 ments in which to develop early literacy skills; 

8 ‘‘(B) carry out high-quality professional 

9 development opportunities for early childhood 

10 educators, teachers, and instructional leaders; 

11 ‘‘(C) acquire, provide training for, and im12 plement screening assessments, diagnostic as13 sessments, and classroom-based instructional 

14 assessments; 

15 ‘‘(D) select, develop, and implement a 

16 multitier system of support; 

17 ‘‘(E) integrate research-based instructional 

18 materials, activities, tools, and measures into 

19 the programs offered by the eligible entity to 

20 improve development of early learning language 

21 and literacy skills; 

22 ‘‘(F) train providers and personnel to sup23 port, develop, and administer high-quality early 

24 learning literacy initiatives that— 

25 ‘‘(i) utilize data— 


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1 ‘‘(I) to inform instructional de2 sign; and 

3 ‘‘(II) to assess literacy needs; 

4 and 

5 ‘‘(ii) provide time and support for per6 sonnel to meet to plan comprehensive lit7 eracy instruction; 

8 ‘‘(G) provide family literacy services, as 

9 appropriate, and educate parents, teachers, and 

10 other caregivers about child literacy develop11 ment; 

12 ‘‘(H) annually collect, summarize, and re13 port to the State educational agency data— 

14 ‘‘(i) to document child progress in 

15 early literacy and language skills develop16 ment as a result of activities carried out 

17 under this section; 

18 ‘‘(ii) to stimulate and accelerate im19 provement by identifying the programs 

20 served by the eligible entity that produce 

21 significant gains in skills development; and 

22 ‘‘(iii) for all subgroups of children and 

23 categories of children, including children in 

24 the subgroups described in section 

25 1111(a)(2)(B)(x), in a manner that— 


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1 ‘‘(I) utilizes a variety of meas2 ures of child literacy and language 

3 skills development; and 

4 ‘‘(II) is consistent across the 

5 State; and 

6 ‘‘(I) coordinate the involvement of families, 

7 early learning program staff, principals, other 

8 instructional leaders, and teachers in literacy 

9 development of children served under this part. 

10 ‘‘(2) CURRICULA AND ASSESSMENT MATERIALS

11 LIMITATION.—Each eligible entity that receives a 

12 subgrant under this section shall not use more than 

13 20 percent of the subgrant funds in the first year 

14 of subgrant funding, and not more than 10 percent 

15 of the subgrant funds in each year thereafter, to 

16 purchase curricula and assessment materials. 

17 ‘‘(f) PROHIBITION.—The use of assessment items 

18 and data on any assessment authorized under this section 

19 to provide rewards or sanctions for individual children, 

20 early learning program providers, teachers, program direc21 tors, or principals is prohibited. 


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1 ‘‘SEC. 4109. SUBGRANTS TO ELIGIBLE ENTITIES IN SUP2 PORT OF KINDERGARTEN THROUGH GRADE 

3 12 LITERACY. 

4 ‘‘(a) SUBGRANTS TO LOCAL EDUCATIONAL AGEN5 CIES.— 

6 ‘‘(1) SUBGRANTS.—A State educational agency 

7 shall use a portion of the implementation grant 

8 funds provided under subparagraph (C) or (D)(ii) of 

9 section 4104(a)(1) to award subgrants, on a com10 petitive basis, to eligible entities to enable the eligi11 ble entities to carry out the authorized activities de12 scribed in subsections (b) and (c). 

13 ‘‘(2) SUFFICIENT SIZE AND SCOPE.—A State 

14 educational agency shall award subgrants under this 

15 section of sufficient size and scope to allow the eligi16 ble entities to carry out high-quality literacy initia17 tives in each grade level for which the subgrant 

18 funds are provided. 

19 ‘‘(3) LOCAL APPLICATIONS.—An eligible entity 

20 desiring to receive a subgrant under this section 

21 shall submit an application to the State educational 

22 agency at such time, in such manner, and containing 

23 such information as the State educational agency 

24 may require. Such application shall include, for each 

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1 pating in a subgrant program under this section, the 

2 following information: 

3 ‘‘(A) A description of the eligible entity’s 

4 capacity to identify how subgrant funds will be 

5 used to inform and improve comprehensive lit6 eracy instruction at the school. 

7 ‘‘(B) How the school, local educational 

8 agency, or a provider of high-quality profes9 sional development will provide ongoing high10 quality professional development to all teachers, 

11 including early childhood educators, principals, 

12 and other instructional leaders served by the 

13 school, including early learning program admin14 istrators. 

15 ‘‘(C) How the school will identify children 

16 in need of literacy interventions or other sup17 port services and provide appropriate scientif18 ically valid instructional interventions or other 

19 support services which may include extended 

20 learning time for struggling children. 

21 ‘‘(D) A budget for the school that projects 

22 the cost of developing and implementing literacy 

23 initiatives to carry out the activities described 

24 in subsections (b) and (c) as applicable. 


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1 ‘‘(E) An explanation of how the school will 

2 integrate comprehensive literacy instruction into 

3 core academic subjects. 

4 ‘‘(F) A description of how the school will 

5 coordinate comprehensive literacy instruction 

6 with early learning and before- and after-school 

7 programs and activities in the area served by 

8 the local educational agency, such as school li9 brary programs. 

10 ‘‘(G) A description of the assessments that 

11 will be used in an assessment system to improve 

12 comprehensive literacy instruction and track 

13 child literacy progress. 

14 ‘‘(H) A description of how families and 

15 caregivers will be involved in supporting their 

16 children’s literacy instruction and assessment. 

17 ‘‘(I) A description of how, if an eligible en18 tity is requesting a planning period, the eligible 

19 entity will use that planning period to prepare 

20 for successful implementation of a plan to sup21 port the development of learning and literacy 

22 consistent with the purposes of this part. 

23 ‘‘(J) A description of the literacy initia24 tives, if any, in place and how these initiatives 


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1 will be coordinated and integrated with activi2 ties supported under this section. 

3 ‘‘(K) An assurance that the eligible entity 

4 will, if requested, participate in the national 

5 evaluation described in section 4110. 

6 ‘‘(b) LOCAL USES OF FUNDS FOR KINDERGARTEN

7 THROUGH GRADE 5.—An eligible entity that receives a 

8 subgrant under this section shall use the subgrant funds 

9 to carry out the following activities pertaining to children 

10 in kindergarten through grade 5: 

11 ‘‘(1) Developing and implementing a literacy 

12 plan across content areas that— 

13 ‘‘(A) serves the needs of all children, in14 cluding children with disabilities and English 

15 learners, especially children who are reading or 

16 writing below grade level; 

17 ‘‘(B) provides intensive, supplemental, ac18 celerated, and explicit intervention and support 

19 in reading and writing for children whose lit20 eracy skills are below grade level; and 

21 ‘‘(C) supports activities that are provided 

22 primarily during the regular school day but 

23 which may be augmented by after-school and 

24 out-of-school time instruction. 


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1 ‘‘(2) Acquiring, providing training for, selecting, 

2 and administering assessments, and managing, mon3 itoring, and planning instruction based on the as4 sessment data. 

5 ‘‘(3) Providing high-quality professional devel6 opment opportunities for teachers, literacy coaches, 

7 literacy specialists, English as a second language 

8 specialists (as appropriate), principals, and other 

9 program staff. 

10 ‘‘(4) Training principals, specialized instruc11 tional support personnel, and other school district 

12 personnel to support, develop, administer, and evalu13 ate high-quality kindergarten through grade 5 lit14 eracy initiatives that— 

15 ‘‘(A) utilize data— 

16 ‘‘(i) to inform instructional decisions; 

17 and 

18 ‘‘(ii) to assess professional develop19 ment needs; and 

20 ‘‘(B) provide time and support for teachers 

21 and other instructional staff to meet to plan 

22 comprehensive literacy instruction. 

23 ‘‘(5) Coordinating the involvement of early 

24 learning program staff, principals, other instruc25 tional leaders, teachers, teacher literacy teams, 


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1 English as a second language specialists (as appro2 priate), special educators, and school librarians in 

3 the literacy development of children served under 

4 this part. 

5 ‘‘(6) Engaging families and encouraging family 

6 literacy experiences and practices to support literacy 

7 development. 

8 ‘‘(7) Annually collecting, summarizing, and re9 porting to the State educational agency data— 

10 ‘‘(A) to document and monitor for the pur11 pose of improving practice, improvements, or 

12 increases in children’s reading and writing pur13 suant to activities carried out under this sec14 tion; 

15 ‘‘(B) to stimulate and accelerate improve16 ment by identifying the schools that produce 

17 significant gains in literacy achievement; and 

18 ‘‘(C) for all children and categories of chil19 dren, including the subgroups of children de20 scribed in section 1111(a)(2)(B)(x), in a man21 ner that utilizes a variety of measures and that 

22 is consistent across the State. 

23 ‘‘(c) LOCAL USES OF FUNDS FOR GRADES 6 

24 THROUGH 12.—An eligible entity that receives a subgrant 

25 under this section shall use subgrant funds to carry out 


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1 the following activities pertaining to children in grades 6 

2 through 12: 

3 ‘‘(1) Developing and implementing a literacy 

4 plan described in paragraphs (1), (2), (3), (6), and 

5 (7) of subsection (b) for children in grades 6 

6 through 12. 

7 ‘‘(2) Training principals, specialized instruc8 tional support personnel, and other instructional 

9 leaders to support, develop, administer, and evaluate 

10 high-quality adolescent literacy initiatives that— 

11 ‘‘(A) utilize data— 

12 ‘‘(i) to inform instructional decisions 

13 and allow for personalization of instruction 

14 based on a child’s need; and 

15 ‘‘(ii) to assess professional develop16 ment needs; 

17 ‘‘(B) assess the quality of adolescent com18 prehensive literacy instruction in core academic 

19 subjects, and career and technical education 

20 subjects where such career and technical edu21 cation subjects provide for the integration of 

22 core academic subjects; 

23 ‘‘(C) provide time for teachers to meet to 

24 plan research-based adolescent comprehensive 

25 literacy instruction in core academic subjects, 


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1 and career and technical education subjects 

2 where such career and technical education sub3 jects provide for the integration of core aca4 demic subjects; and 

5 ‘‘(D) include explicit instruction in dis6 cipline-specific thinking and how to read and 

7 interpret discipline-specific text structures and 

8 features. 

9 ‘‘(3) Coordinating the involvement of principals, 

10 other instructional leaders, teachers, teacher literacy 

11 teams, English as a second language specialists (as 

12 appropriate), special educators, and school librarians 

13 in the literacy development of children served under 

14 this part. 

15 ‘‘(d) ALLOWABLE USES.—An eligible entity that re16 ceives a subgrant under this section may, in addition to 

17 carrying out the activities described in subsections (b) and 

18 (c), use subgrant funds to carry out the following activities 

19 pertaining to children in kindergarten through grade 12: 

20 ‘‘(1) Providing a planning period of not more 

21 than 1 year for eligible entities to establish the ele22 ments necessary for successful implementation of a 

23 literacy program for kindergarten through grade 12. 

24 ‘‘(2) Recruiting, placing, training, and compen25 sating literacy coaches. 


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1 ‘‘(3) Connecting out-of-school learning opportu2 nities to in-school learning in order to improve the 

3 literacy achievement of the children. 

4 ‘‘(4) Training families and caregivers to sup5 port the improvement of adolescent literacy. 

6 ‘‘(5) Providing for a multitier system of sup7 port. 

8 ‘‘(6) Forming a school literacy leadership team 

9 to help implement, assess, and identify necessary 

10 changes to the literacy initiatives in 1 or more 

11 schools to ensure success. 

12 ‘‘(7) Providing high-quality, literacy-rich envi13 ronments that engage children with materials and 

14 experiences at the children’s reading and writing lev15 els. 

16 ‘‘(8) Providing time for teachers (and other lit17 eracy staff, as appropriate, such as school librarians) 

18 to meet to plan comprehensive literacy instruction. 

19 ‘‘(e) LIMITATION OF USE TO CERTAIN SCHOOLS.— 

20 An eligible entity receiving a subgrant under this section 

21 shall, in distributing the subgrant funds, provide the 

22 subgrant funds only to schools, including public charter 

23 schools, that have the highest percentages or numbers of 

24 children counted under section 1124(c). 


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1 ‘‘SEC. 4110. NATIONAL EVALUATION, INFORMATION DIS2 SEMINATION, AND TECHNICAL ASSISTANCE. 

3 ‘‘(a) NATIONAL EVALUATION.— 

4 ‘‘(1) IN GENERAL.—From the amount reserved 

5 in accordance with section 9601, the Secretary shall 

6 enter into a contract with an organization inde7 pendent of the Department for a 5-year national 

8 evaluation of the grant and subgrant programs as9 sisted under this part. Such evaluation shall include 

10 scientifically valid research that applies rigorous and 

11 systematic procedures to obtain valid knowledge rel12 evant to the implementation and effect of the pro13 grams. 

14 ‘‘(2) CONTENTS OF EVALUATION.—The evalua15 tion described in this subsection shall include an 

16 analysis of each of the following: 

17 ‘‘(A) The impact of the implementation of 

18 literacy initiatives and practices supported 

19 under this part on— 

20 ‘‘(i) increasing academic outcomes, in21 cluding child literacy development in read22 ing and writing, and speaking (as appro23 priate), grade promotion, and graduation 

24 to the extent predictable; 


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1 ‘‘(ii) promoting the appropriate early 

2 literacy development of young children; 

3 and 

4 ‘‘(iii) strengthening the literacy skills 

5 of English learners and children with dis6 abilities. 

7 ‘‘(B) The fidelity of implementation of core 

8 program features, such as coherence of the pro9 gram across grades, quality of technical assist10 ance, State and local educational agency leader11 ship, professional development for teachers and 

12 administrators, use of quality materials and 

13 pedagogy, and use of assessment. 

14 ‘‘(C) The relationship between implementa15 tion of core features and children’s academic 

16 outcomes. 

17 ‘‘(D) Other inquiries as designated by the 

18 Secretary, such as— 

19 ‘‘(i) the core functions of literacy ini20 tiatives that have demonstrated the great21 est impact on child literacy achievement, 

22 especially among children reading below 

23 grade level; 

24 ‘‘(ii) effective strategies to integrate 

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1 sessments, instruction, materials, and 

2 interventions to improve literacy; 

3 ‘‘(iii) the types of literacy activities 

4 and professional development that most ef5 fectively improve the early reading, writing, 

6 and language skills of children from birth 

7 through kindergarten entry; 

8 ‘‘(iv) the impact of adolescent literacy 

9 initiatives on adolescent motivation, en10 gagement, and participation in adolescent 

11 literacy activities; 

12 ‘‘(v) the relationship between chil13 dren’s literacy achievement and secondary 

14 school success, including improving grad15 uation rates; and 

16 ‘‘(vi) effective strategies to integrate 

17 school and public library programs to im18 prove literacy. 

19 ‘‘(3) PROGRAM IMPROVEMENT.—The Secretary 

20 shall— 

21 ‘‘(A) provide the findings of the evaluation 

22 conducted under this section to State edu23 cational agencies and subgrant recipients for 

24 use in program improvement; 


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1 ‘‘(B) make such findings publicly available, 

2 including on the Department’s website; and 

3 ‘‘(C) submit such findings to the author4 izing committees. 

5 ‘‘(b) INFORMATION DISSEMINATION AND TECHNICAL

6 ASSISTANCE.— 

7 ‘‘(1) IN GENERAL.—From amounts reserved 

8 under section 4104(a)(1)(A), the Secretary, in col9 laboration with the regional educational laboratories 

10 established under section 174 of the Education 

11 Sciences Reform Act of 2002, the comprehensive 

12 centers established under section 203 of the Edu13 cational Technical Assistance Act of 2002, and the 

14 Director of the National Institute of Child Health 

15 and Human Development, shall— 

16 ‘‘(A) distribute information on— 

17 ‘‘(i) comprehensive literacy instruc18 tion, including best practices and model 

19 programs identified in the evaluation; 

20 ‘‘(ii) other inquiries designated by the 

21 Secretary under subsection (a)(2)(D); or 

22 ‘‘(iii) other relevant Federal studies of 

23 literacy activities; and 

24 ‘‘(B) provide technical assistance in order 

25 to assist States and local educational agencies 


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1 in improving comprehensive literacy instruction 

2 and learning. 

3 ‘‘(2) DISSEMINATION AND COORDINATION.— 

4 The Secretary shall disseminate the information de5 scribed in paragraph (1)(A) to— 

6 ‘‘(A) recipients of Federal financial assist7 ance under this part, the Head Start Act, the 

8 Individuals with Disabilities Education Act, and 

9 the Adult Education and Family Literacy Act; 

10 and 

11 ‘‘(B) each Bureau-funded school (as de12 fined in section 1141 of the Education Amend13 ments of 1978 (25 U.S.C. 2021)). 

14 ‘‘(3) USE OF NETWORKS.—In carrying out this 

15 subsection, the Secretary shall, to the extent prac16 ticable, use information and dissemination networks 

17 developed and maintained through other public and 

18 private entities. 

19 ‘‘SEC. 4111. RULES OF CONSTRUCTION. 

20 ‘‘(a) CHILD ELIGIBILITY.—Nothing in this part shall 

21 be construed to prohibit children eligible for assistance 

22 under title I or III or children eligible for assistance under 

23 part B or C of the Individuals with Disabilities Education 

24 Act from receiving literacy instruction and intervention 

25 under this part. 


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1 ‘‘(b) IDEA EVALUATION.—The screening assess2 ments, diagnostic assessments, and formative assessments 

3 of reading and writing authorized under this part shall 

4 not be construed to constitute an evaluation required 

5 under part B or C of the Individuals with Disabilities Edu6 cation Act, except that assessments administered under 

7 this Act may be used in conjunction with other assess8 ments as part of an evaluation under part B or C of the 

9 Individuals with Disabilities Education Act, provided that 

10 the respective evaluation requirements under part B or C 

11 of such Act are met. 

12 ‘‘Subpart 2—Improving Literacy and College and Ca13 reer Readiness Through Effective School Li14 brary Programs 

15 ‘‘SEC. 4113. PURPOSE. 

16 ‘‘The purpose of this subpart is to improve students’ 

17 literacy skills and readiness for higher education and ca18 reers, by providing students with effective school library 

19 programs. 

20 ‘‘SEC. 4114. DEFINITIONS. 

21 ‘‘In this subpart: 

22 ‘‘(1) EFFECTIVE SCHOOL LIBRARY PROGRAM.— 

23 The term ‘effective school library program’ means a 

24 school library program that— 


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1 ‘‘(A) is staffed by a State certified or li2 censed school librarian; 

3 ‘‘(B) has up-to-date books, materials, 

4 equipment, and technology (including 

5 broadband); 

6 ‘‘(C) includes regular collaboration between 

7 classroom teachers and school librarians to as8 sist with development and implementation of 

9 the curriculum and other school reform efforts; 

10 and 

11 ‘‘(D) supports the development of digital 

12 literacy skills. 

13 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en14 tity’ means— 

15 ‘‘(A) a local educational agency in which 

16 not less than 20 percent of the students served 

17 by the local educational agency are from fami18 lies with incomes below the poverty line; 

19 ‘‘(B) a local educational agency that has a 

20 percentage of low-income children that is in the 

21 highest quartile among all local educational 

22 agencies in the State; or 

23 ‘‘(C) a consortia of local educational agen24 cies described in subparagraph (A) or (B). 


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1 ‘‘SEC. 4115. IMPROVING LITERACY AND COLLEGE AND CA2 REER READINESS THROUGH EFFECTIVE 

3 SCHOOL LIBRARY PROGRAM GRANTS. 

4 ‘‘(a) GRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

5 ‘‘(1) IN GENERAL.—From amounts appro6 priated under section 3(k) for this subpart, the Sec7 retary shall award grants, on a competitive basis, to 

8 eligible entities to enable such entities to carry out 

9 the authorized activities described in subsection (b). 

10 ‘‘(2) SUFFICIENT SIZE AND SCOPE.—The Sec11 retary shall award grants under this section of suffi12 cient size and scope to allow the eligible entities to 

13 carry out effective school library programs for which 

14 the grant funds are provided. 

15 ‘‘(3) DISTRIBUTION.—The Secretary shall en16 sure that grants under this section are equitably dis17 tributed among the different geographic regions of 

18 the United States, and among eligible entities serv19 ing urban and rural areas. 

20 ‘‘(4) DURATION.—A grant awarded under this 

21 section shall be for a period of 3 years. 

22 ‘‘(5) LOCAL APPLICATIONS.—An eligible entity 

23 desiring to receive a grant under this section shall 

24 submit an application to the Secretary at such time, 

25 in such manner, and containing such information as 

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1 clude, for each school that the eligible entity identi2 fies as participating in a grant program under this 

3 section, the following information: 

4 ‘‘(A) a needs assessment relating to the 

5 need for literacy improvement at all grade levels 

6 and the need for effective school library pro7 grams, based on the age and condition of school 

8 library resources, including— 

9 ‘‘(i) book collections; 

10 ‘‘(ii) access to advanced technology; 

11 ‘‘(iii) the availability of well-trained, 

12 State-certified or licensed school librarians; 

13 and 

14 ‘‘(iv) the current level of coordination 

15 and shared planning time among school li16 brarians and classroom teachers; 

17 ‘‘(B) a description of which grade spans 

18 will be served, and an assurance that funding 

19 will be distributed to serve students in elemen20 tary, middle, and high schools; 

21 ‘‘(C) how the eligible entity will extensively 

22 involve school librarians, teachers, administra23 tors, and parents in the activities assisted under 

24 this section, and the manner in which the eligi25 ble entity will carry out the activities described 


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1 in subsection (b) using programs and materials 

2 that are grounded in scientifically valid re3 search; 

4 ‘‘(D) the manner in which the eligible enti5 ty will effectively coordinate the funds and ac6 tivities provided under this section with Fed7 eral, State, and local funds and activities under 

8 this subpart and other literacy, library, tech9 nology, and professional development funds and 

10 activities, including those funded through the 

11 Institute of Museum and Library Services; and 

12 ‘‘(E) the manner in which the eligible enti13 ty will collect and analyze data on the quality 

14 and impact of activities carried out under this 

15 section by schools served by the eligible entity. 

16 ‘‘(b) LOCAL ACTIVITIES.—Funds under this section 

17 may be used to develop and enhance effective school li18 brary programs, which may include activities to— 

19 ‘‘(1) acquire up-to-date school library resources, 

20 including books and reading materials that— 

21 ‘‘(A) are appropriate for students in all 

22 grade levels to be served and for students with 

23 special learning needs, including students who 

24 are English learners; and 


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1 ‘‘(B) engage the interest of readers at all 

2 reading levels; 

3 ‘‘(2) acquire and use advanced technology, in4 corporated into the curricula of the school, to de5 velop and enhance the digital literacy skills of stu6 dents; 

7 ‘‘(3) facilitate Internet links and other resource8 sharing networks among schools and school libraries, 

9 and public and academic libraries, where possible; 

10 ‘‘(4) provide— 

11 ‘‘(A) professional development in the ac12 quisition of digital literacy skills and literacy in13 struction that is appropriate for all grades, in14 cluding the assessment of student literacy 

15 needs, the coordination of reading and writing 

16 instruction across content areas, and training in 

17 literacy strategies in all content areas for school 

18 librarians; and 

19 ‘‘(B) activities that foster increased col20 laboration among school librarians, teachers, 

21 and administrators; and 

22 ‘‘(5) provide students with access to school li23 braries during nonschool hours, including the hours 

24 before and after school, during weekends, and dur25 ing summer vacation periods. 


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1 ‘‘(c) SUPPLEMENT NOT SUPPLANT.—Funds made 

2 available under this section shall be used to supplement, 

3 and not supplant, other Federal, State, and local funds 

4 expended to carry out activities relating to library, tech5 nology, or professional development activities. 

6 ‘‘(d) ACCOUNTABILITY AND REPORTING.—Each eli7 gible entity that receives funds under this section for a 

8 fiscal year shall prepare and submit a report to the Sec9 retary regarding how the funding was used and the extent 

10 to which the availability of, the access to, and the use of, 

11 up-to-date school library resources in the elementary 

12 schools and secondary schools served by the eligible entity 

13 was increased.’’. 

14 SEC. 4103. IMPROVING SCIENCE, TECHNOLOGY, ENGINEER15 ING, AND MATH INSTRUCTION AND STUDENT 

16 ACHIEVEMENT. 

17 (a) REDESIGNATION.—Title IV (20 U.S.C. 7101 et 

18 seq.) is amended— 

19 (1) by redesignating part B as part F, and 

20 transferring such part F so as to follow part E, as 

21 added by section 4106; 

22 (2) by striking section 4206; and 

23 (3) by redesignating sections 4201, 4202, 4203, 

24 4204, and 4205, as sections 4601, 4602, 4603, 

25 4604, and 4605, respectively. 


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1 (b) IMPROVING SCIENCE, TECHNOLOGY, ENGINEER2 ING, AND MATH INSTRUCTION AND STUDENT ACHIEVE3 MENT.—Title IV (20 U.S.C. 7101 et seq.) is amended by 

4 inserting after part A the following: 

5 ‘‘PART B—IMPROVING SCIENCE, TECHNOLOGY, 

6 ENGINEERING, AND MATHEMATICS IN7 STRUCTION AND STUDENT ACHIEVEMENT 

8 ‘‘Subpart 1—Improving STEM Instruction and 

9 Student Achievement 

10 ‘‘SEC. 4201. PURPOSE. 

11 ‘‘The purpose of this subpart is to improve student 

12 academic achievement in science, technology, engineering, 

13 and mathematics, including computer science, by— 

14 ‘‘(1) improving instruction in such subjects 

15 through grade 12; 

16 ‘‘(2) improving student engagement in, and in17 creasing student access to, such subjects; 

18 ‘‘(3) improving the quality and effectiveness of 

19 classroom instruction by recruiting, training, and 

20 supporting highly rated teachers and providing ro21 bust tools and supports for students and teachers in 

22 such subjects; and 

23 ‘‘(4) closing student achievement gaps, and pre24 paring more students to be college and career ready 

25 in such subjects. 


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1 ‘‘SEC. 4202. DEFINITIONS. 

2 ‘‘In this subpart: 

3 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en4 tity’ means— 

5 ‘‘(A) a State educational agency; or 

6 ‘‘(B) a State educational agency in part7 nership with 1 or more State educational agen8 cies. 

9 ‘‘(2) ELIGIBLE SUBGRANTEE.—The term ‘eligi10 ble subgrantee’ means— 

11 ‘‘(A) a high-need local educational agency; 

12 ‘‘(B) an educational service agency serving 

13 more than 1 high-need local educational agency; 

14 ‘‘(C) a consortium of high-need local edu15 cational agencies; or 

16 ‘‘(D) an entity described in subparagraph 

17 (A) or (C) of paragraph (3) that has signed a 

18 memorandum of agreement with an entity de19 scribed in subparagraph (A), (B), or (C) of this 

20 paragraph to implement the requirements of 

21 this subpart in partnership with such entity. 

22 ‘‘(3) OUTSIDE PARTNER.—The term ‘outside 

23 partner’ means an entity that has expertise and a 

24 demonstrated record of success in improving student 

25 learning and engagement in the identified subjects 


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1 described in section 4204(b)(2), including any of the 

2 following: 

3 ‘‘(A) A nonprofit or community-based or4 ganization, which may include a cultural organi5 zation, such as a museum or learning center. 

6 ‘‘(B) A business. 

7 ‘‘(C) An institution of higher education. 

8 ‘‘(D) An educational service agency. 

9 ‘‘(4) STATE.—The term ‘State’ means— 

10 ‘‘(A) any of the 50 States; 

11 ‘‘(B) the District of Columbia; 

12 ‘‘(C) the Bureau of Indian Education; or 

13 ‘‘(D) the Commonwealth of Puerto Rico. 

14 ‘‘SEC. 4203. GRANTS; ALLOTMENTS. 

15 ‘‘(a) RESERVATIONS.— 

16 ‘‘(1) IN GENERAL.—From the amounts appro17 priated for this part for a fiscal year, the Secretary 

18 shall reserve— 

19 ‘‘(A) not more than 2 percent to provide 

20 technical assistance to States under this sub21 part; 

22 ‘‘(B) not more than 5 percent for State ca23 pacity-building grants under this subpart, if the 

24 Secretary is awarding such grants in accord25 ance with paragraph (2); and 


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1 ‘‘(C) 10 percent for the STEM Master 

2 Teacher Corps program under subpart 2. 

3 ‘‘(2) CAPACITY-BUILDING GRANTS.— 

4 ‘‘(A) IN GENERAL.—In any year for which 

5 funding is distributed competitively, as de6 scribed in subsection (b)(1), the Secretary may 

7 award 1 capacity-building grant to each State 

8 that does not receive a grant under subsection 

9 (b), on a competitive basis, to enable such State 

10 to become more competitive in future years. 

11 ‘‘(B) DURATION.—Grants awarded under 

12 subparagraph (A) shall be for a period of 1 

13 year. 

14 ‘‘(b) COMPETITIVE GRANTS.— 

15 ‘‘(1) IN GENERAL.—For each fiscal year for 

16 which the amount appropriated to carry out this 

17 part, and not reserved under subsection (a)(1), is 

18 less than $500,000,000, the Secretary shall award 

19 grants, on a competitive basis, to eligible entities to 

20 enable such eligible entities to carry out the activi21 ties described in this subpart. 

22 ‘‘(2) DURATION.—Grants awarded under this 

23 subsection shall be for a period of not more than 3 

24 years. 

25 ‘‘(3) RENEWAL.— 


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1 ‘‘(A) IN GENERAL.—If an eligible entity 

2 demonstrates progress, as measured by the 

3 metrics described in section 4206(a), the Sec4 retary may renew a grant for an additional 2- 

5 year period. 

6 ‘‘(B) REDUCED FUNDING.—Grant funds 

7 awarded under subparagraph (A) shall be 

8 awarded at a reduced amount. 

9 ‘‘(c) FORMULA GRANTS.— 

10 ‘‘(1) IN GENERAL.—For each fiscal year for 

11 which the amount appropriated to carry out this 

12 part, and not reserved under subsection (a)(1), is 

13 equal to or more than $500,000,000, the Secretary 

14 shall award grants to States, based on the formula 

15 described in paragraph (2). 

16 ‘‘(2) DISTRIBUTION OF FUNDS.—The Secretary 

17 shall allot to each State— 

18 ‘‘(A) an amount that bears the same rela19 tionship to 35 percent of the excess amount de20 scribed in paragraph (1) as the number of indi21 viduals ages 5 through 17 in the State, as de22 termined by the Secretary on the basis of the 

23 most recent satisfactory data, bears to the num24 ber of those individuals in all such States, as so 

25 determined; and 


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1 ‘‘(B) an amount that bears the same rela2 tionship to 65 percent of the excess amount as 

3 the number of individuals ages 5 through 17 

4 from families with incomes below the poverty 

5 line, in the State, as determined by the Sec6 retary on the basis of the most recent satisfac7 tory data, bears to the number of those individ8 uals in all such States, as so determined. 

9 ‘‘(3) FUNDING MINIMUM.—No State receiving 

10 an allotment under this subsection may receive less 

11 than one-half of 1 percent of the total amount allot12 ted under paragraph (1) for a fiscal year. 

13 ‘‘(4) PUERTO RICO.—The amount allotted 

14 under paragraph (2) to the Commonwealth of Puer15 to Rico for a fiscal year may not exceed one-half of 

16 1 percent of the total amount allotted under para17 graph (1) for such fiscal year. 

18 ‘‘(5) REALLOTMENT OF UNUSED FUNDS.—If a 

19 State does not successfully apply, the Secretary shall 

20 reallot the amount of the State’s allotment to the re21 maining States in accordance with this subsection. 

22 ‘‘SEC. 4204. APPLICATIONS. 

23 ‘‘(a) IN GENERAL.—Each eligible entity or State de24 siring a grant under this subpart, whether through a com25 petitive grant under section 4203(b) or through an allotVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00597 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 ment under section 4203(c), shall submit an application 

2 to the Secretary at such time, in such manner, and accom3 panied by such information as the Secretary may require. 

4 ‘‘(b) CONTENTS.—At a minimum, an application sub5 mitted under subsection (a) shall include the following: 

6 ‘‘(1) A description of the needs, including as7 sets, identified by the State or eligible entity, based 

8 on a State analysis, which— 

9 ‘‘(A) may include results from a relevant 

10 pre-existing analysis of science, technology, en11 gineering, and mathematics education quality 

12 and outcomes in the State or States served by 

13 the eligible entity; 

14 ‘‘(B) shall include data for elementary 

15 school and secondary school grades, as applica16 ble, to the extent that such data are available, 

17 on— 

18 ‘‘(i) student achievement in science 

19 and mathematics, including such data col20 lected in accordance with the requirements 

21 of section 1111(a)(3)(A), and student 

22 achievement in technology and engineering; 

23 ‘‘(ii) science, technology, engineering, 

24 and mathematics teacher evaluations; 


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1 ‘‘(iii) student access to mathematics 

2 and science courses needed to enroll in 

3 credit-bearing coursework at institutions of 

4 higher education in the State or States 

5 served by the eligible entity; 

6 ‘‘(iv) access to science, technology, en7 gineering, and mathematics courses for 

8 students through grade 12 who— 

9 ‘‘(I) are eligible to receive a free 

10 or reduced priced lunch under the 

11 Richard B. Russell National School 

12 Lunch Act (42 U.S.C. 1751 et seq.); 

13 or 

14 ‘‘(II) come from families with an 

15 income that is below the poverty line; 

16 ‘‘(v) student achievement gaps in 

17 science, technology, engineering, and math18 ematics subjects; 

19 ‘‘(vi) the percentage of students who 

20 successfully— 

21 ‘‘(I) complete Advanced Place22 ment or International Baccalaureate 

23 courses in science, technology, engi24 neering, and mathematics subjects; or 


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1 ‘‘(II) complete rigorous, credit2 bearing postsecondary education 

3 courses in science, technology, engi4 neering, and mathematics subjects; 

5 ‘‘(vii) the information collected under 

6 section 1111(d)(3)(B)(viii)(III); 

7 ‘‘(viii) available instructional systems 

8 and supports, such as curricula, instruc9 tional materials, professional development, 

10 teacher evaluation systems, and assess11 ments; 

12 ‘‘(ix) science, technology, engineering, 

13 and mathematics teacher qualifications; 

14 and 

15 ‘‘(x) teacher shortages and teacher 

16 distribution among local educational agen17 cies and schools in science, technology, en18 gineering, and mathematics subjects; 

19 ‘‘(C) shall include labor market informa20 tion regarding the industry and business work21 force needs within the eligible entity; 

22 ‘‘(D) shall include an analysis of the qual23 ity of pre-service preparation at all public insti24 tutions of higher education (including alter25 native pathways to teacher licensure or certifiVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00600 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 cation) for individuals preparing to teach 

2 science, technology, engineering, and mathe3 matics subjects in a preschool, elementary 

4 school, or secondary school in the State; and 

5 ‘‘(E) shall include an analysis of the imple6 mentation of any multi-tiered systems of sup7 port that have been employed in the State or 

8 States served by the eligible entity to address 

9 the learning needs of students in any science, 

10 technology, engineering, and mathematics sub11 jects. 

12 ‘‘(2) An identification of the specific science, 

13 technology, engineering, and mathematics subjects 

14 that the State or eligible entity will address through 

15 the activities described in section 4205, consistent 

16 with the needs identified under paragraph (1) (re17 ferred to in this subpart as ‘identified subjects’). 

18 ‘‘(3) A description, in a manner that addresses 

19 any needs identified under paragraph (1), of— 

20 ‘‘(A) how grant funds will be used by the 

21 State or eligible entity to improve instruction in 

22 identified subjects using evidence-based pro23 grams of instruction that are aligned with the 

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1 demic assessments under paragraphs (1) and 

2 (2) of section 1111(a); 

3 ‘‘(B) how grant funds will be used to sup4 port subgrantees and other high-need local edu5 cational agencies in the employment of multi6 tiered systems of support to provide early inter7 vening services, as described in section 

8 613(a)(4)(A)(ii) of the Individuals with Disabil9 ities Education Act, and to increase student 

10 achievement in identified subjects; 

11 ‘‘(C) the process that the State or eligible 

12 entity will use for awarding subgrants, includ13 ing how relevant stakeholders will be involved; 

14 ‘‘(D) how the State’s or eligible entity’s ac15 tivities and subgrants will be coordinated with 

16 other Federal, State, and local programs and 

17 activities, including career and technical edu18 cation programs authorized under the Carl D. 

19 Perkins Career and Technical Education Act of 

20 2006 (20 U.S.C. 2301 et seq.); 

21 ‘‘(E) the technical assistance that the 

22 State or eligible entity will provide to sub23 grantees to support the activities undertaken by 

24 the subgrantees; 


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1 ‘‘(F) how the State or eligible entity will 

2 evaluate the activities funded, both at the State 

3 and subgrantee level, with funds provided under 

4 this subpart, and in a manner consistent with 

5 any evaluation activities carried out by the In6 stitute of Education Sciences under section 

7 4207, or the National Science Foundation; 

8 ‘‘(G) how the State or eligible entity will 

9 allocate funds in a manner that will provide 

10 services to both elementary schools and sec11 ondary schools; 

12 ‘‘(H) how the State or eligible entity will 

13 provide targeted support to improve instruction 

14 in high-need local educational agencies and 

15 high-need schools; 

16 ‘‘(I) how the State or eligible entity’s pro17 posed project will ensure an increase in access 

18 for students who are members of groups under19 represented in science, technology, engineering, 

20 and mathematics subject fields to high-quality 

21 courses in 1 or more of the identified subjects; 

22 and 

23 ‘‘(J) how the State or eligible entity will 

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1 form efforts related to science, technology, engi2 neering, and mathematics instruction. 

3 ‘‘(4) Assurances that the State or eligible entity 

4 will monitor implementation of approved subgrantee 

5 plans. 

6 ‘‘(c) ADDITIONAL FUNDING.—A State or eligible en7 tity that submits a request to use the additional State ac8 tivities reservation described in section 4205(d)(2), shall 

9 provide, in a manner that addresses the needs identified 

10 under subsection (b)(1), a description of the activities that 

11 the eligible entity will carry out with such funds, con12 sistent with section 4205. 

13 ‘‘SEC. 4205. AUTHORIZED ACTIVITIES. 

14 ‘‘(a) REQUIRED ACTIVITIES.—Each State or eligible 

15 entity that receives a grant under this subpart shall use 

16 the grant funds to carry out each of the following activi17 ties: 

18 ‘‘(1) Increasing access for students through 

19 grade 12 who are members of groups underrep20 resented in science, technology, engineering, and 

21 mathematics subject fields to high-quality courses in 

22 the identified subjects. 

23 ‘‘(2) Implementing evidence-based programs of 

24 instruction based on high-quality standards and as25 sessments in the identified subjects. 


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1 ‘‘(3) Providing professional development and 

2 other comprehensive systems of support for teachers 

3 and school leaders to promote high-quality instruc4 tion and instructional leadership in the identified 

5 subjects. 

6 ‘‘(4) Providing technical assistance to sub7 grantees and other high-need schools and local edu8 cational agencies in order to improve student 

9 achievement and narrow achievement gaps in identi10 fied subjects, including through— 

11 ‘‘(A) the development and implementation 

12 of multi-tiered systems of support; and 

13 ‘‘(B) the development of curriculum or in14 structional materials consistent with the prin15 cipals of universal design for learning, as de16 fined in section 103 of the Higher Education 

17 Act of 1965. 

18 ‘‘(b) PERMISSIBLE ACTIVITIES.—Each State or eligi19 ble entity that receives a grant under this subpart may 

20 use the grant funds to carry out 1 or more of the following 

21 activities: 

22 ‘‘(1) Recruiting qualified teachers and instruc23 tional leaders who are trained in identified subjects, 

24 including teachers who have transitioned into the 


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1 teaching profession from a career in science, tech2 nology, engineering, and mathematics fields. 

3 ‘‘(2) Providing induction and mentoring serv4 ices to new teachers in identified subjects. 

5 ‘‘(3) Developing instructional supports, such as 

6 curricula and assessments, which shall be evidence7 based and aligned with State college and career 

8 ready academic content standards under section 

9 1111(a)(1), and may include Internet-based cur10 ricula and Internet-based instructional supports. 

11 ‘‘(4) Implementing an interdisciplinary ap12 proach, by integrating instruction in 1 or more 

13 science, technology, engineering, and mathematics 

14 subjects with reading, English language arts, or in15 struction in other core academic subjects and 

16 noncore academic subjects. 

17 ‘‘(c) SUBGRANTS.— 

18 ‘‘(1) IN GENERAL.—Each State or eligible enti19 ty that receives a grant under this section shall 

20 award subgrants, on a competitive basis, to eligible 

21 subgrantees. 

22 ‘‘(2) MINIMUM SUBGRANT.—A State or eligible 

23 entity shall award subgrants under this subsection 

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1 quality, evidence-based, effective programs that are 

2 consistent with the purpose of this subpart. 

3 ‘‘(3) SUBGRANTEE APPLICATION.— 

4 ‘‘(A) IN GENERAL.—Each eligible sub5 grantee desiring a subgrant under this sub6 section shall submit an application to the State 

7 or eligible entity at such time, in such manner, 

8 and accompanied by such information as the 

9 State or eligible entity may require. 

10 ‘‘(B) CONTENTS OF SUBGRANTEE APPLI11 CATION.—At a minimum, the application de12 scribed in subparagraph (A) shall include the 

13 following: 

14 ‘‘(i) A description of the activities that 

15 the eligible subgrantee will carry out, and 

16 how such activities will improve teaching 

17 and student academic achievement in the 

18 identified subjects, in a manner consistent 

19 with scientifically valid research. 

20 ‘‘(ii) A description of how the eligible 

21 subgrantee will use funds provided under 

22 this subsection to serve students and 

23 teachers in high-need schools. 

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1 nated with other Federal, State, and local 

2 programs and activities, including career 

3 and technical education programs author4 ized under the Carl D. Perkins Career and 

5 Technical Education Act of 2006 (20 

6 U.S.C. 2301 et seq.). 

7 ‘‘(iv) If the eligible subgrantee is 

8 working with outside partners, a descrip9 tion of how such outside partners will be 

10 involved in improving instruction and in11 creasing access to high-quality learning ex12 periences in the identified subjects. 

13 ‘‘(4) SUBGRANTEE USE OF FUNDS.— 

14 ‘‘(A) REQUIRED USE OF FUNDS.—Each 

15 subgrantee under this subsection shall use the 

16 subgrant funds to carry out activities for stu17 dents through grade 12, consistent with the ac18 tivities described in the subgrantee’s applica19 tion, which shall include— 

20 ‘‘(i) high-quality teacher and instruc21 tional leader recruitment, support, and 

22 evaluation in the identified subjects; 

23 ‘‘(ii) professional development, which 

24 may include development and support for 

25 instructional coaches, to enable teachers 


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1 and instructional leaders to increase stu2 dent achievement in identified subjects, 

3 through— 

4 ‘‘(I) implementation of classroom 

5 assessments; and 

6 ‘‘(II) differentiation of instruc7 tion in identified subjects for all stu8 dents, including for students who are 

9 children with disabilities and students 

10 who are English learners; 

11 ‘‘(iii) activities to— 

12 ‘‘(I) improve the content knowl13 edge of teachers; and 

14 ‘‘(II) facilitate professional col15 laboration, which may include pro16 viding time for such collaborations; 

17 ‘‘(iv) the development, adoption, and 

18 improvement of high-quality curricula and 

19 instructional supports that— 

20 ‘‘(I) are aligned with State col21 lege and career ready academic con22 tent standards under section 

23 1111(a)(1); and 


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1 ‘‘(II) the eligible subgrantee will 

2 use to improve student academic 

3 achievement in identified subjects; 

4 ‘‘(v) the development or improvement, 

5 and implementation, of multi-tiered sys6 tems of support to provide early inter7 vening services and to increase student 

8 achievement in 1 or more of the identified 

9 subjects; and 

10 ‘‘(vi) integrating instruction in the 

11 identified subjects with instruction in read12 ing, English language arts, or other core 

13 and noncore academic subjects. 

14 ‘‘(B) ALLOWABLE USE OF FUNDS.—In ad15 dition to the required activities described in 

16 subparagraph (A), each eligible subgrantee that 

17 receives a subgrant under this subsection, may 

18 also use the subgrant funds to— 

19 ‘‘(i) support the participation of low20 income students in nonprofit competitions 

21 related to science, technology, engineering, 

22 and mathematics subjects (such as robot23 ics, science research, invention, mathe24 matics, computer science, and technology 

25 competitions); and 


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1 ‘‘(ii) broaden secondary school stu2 dents’ access to, and interest in, careers 

3 that require academic preparation in 1 or 

4 more identified subjects. 

5 ‘‘(C) LIMITATION.—Each subgrantee that 

6 receives a subgrant under this subsection shall 

7 not expend more than 15 percent of the 

8 subgrant funds on the activities described in 

9 subparagraph (B). 

10 ‘‘(D) MATCHING FUNDS.—A State or eligi11 ble entity shall require an eligible subgrantee 

12 receiving a subgrant under this subsection to 

13 demonstrate that such subgrantee has obtained 

14 a commitment from 1 or more outside partners 

15 to match, using non-Federal funds or in-kind 

16 contributions, not less than 15 percent of the 

17 amount of subgrant funds. In the case of sig18 nificant financial hardship, an eligible sub19 grantee may apply to the State or eligible entity 

20 for, and the State or eligible entity may grant, 

21 a waiver of a portion of the minimum matching 

22 funds requirement. 

23 ‘‘(d) STATE ACTIVITIES.— 


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1 ‘‘(1) IN GENERAL.—Each State or eligible enti2 ty that receives a grant under this subpart may use 

3 not more than 5 percent of grant funds for— 

4 ‘‘(A) administrative costs; 

5 ‘‘(B) monitoring the implementation of 

6 subgrants; 

7 ‘‘(C) providing technical assistance to sub8 grantees; and 

9 ‘‘(D) evaluating subgrants in coordination 

10 with the evaluation described in section 4207. 

11 ‘‘(2) RESERVATION.—Each State or eligible en12 tity that receives a grant under this subpart may 

13 submit a request to the Secretary to reserve not 

14 more than 15 percent of grant funds, inclusive of 

15 the amount described in paragraph (1), for addi16 tional State activities, consistent with subsections 

17 (a) and (b). 

18 ‘‘SEC. 4206. PERFORMANCE METRICS; REPORT. 

19 ‘‘(a) ESTABLISHMENT OF PERFORMANCE

20 METRICS.—The Secretary, acting through the Director of 

21 the Institute of Education Sciences, shall establish per22 formance metrics to evaluate the effectiveness of the ac23 tivities carried out under this subpart. 

24 ‘‘(b) ANNUAL REPORT.—Each State or eligible entity 

25 that receives a grant under this subpart shall prepare and 


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1 submit an annual report to the Secretary, which shall in2 clude information relevant to the performance metrics de3 scribed in subsection (a). 

4 ‘‘SEC. 4207. EVALUATION. 

5 ‘‘From the amount reserved in accordance with sec6 tion 9601, the Secretary shall— 

7 ‘‘(1) acting through the Director of the Insti8 tute of Education Sciences, and in consultation with 

9 the Director of the National Science Foundation— 

10 ‘‘(A) evaluate the implementation and im11 pact of the activities supported under this sub12 part, including progress measured by the 

13 metrics established under section 4206(a); and 

14 ‘‘(B) identify best practices to improve in15 struction in science, technology, engineering, 

16 and mathematics subjects; and 

17 ‘‘(2) disseminate, in consultation with the Na18 tional Science Foundation, research on best prac19 tices to improve instruction in science, technology, 

20 engineering, and mathematics subjects. 

21 ‘‘SEC. 4208. SUPPLEMENT NOT SUPPLANT. 

22 ‘‘Funds received under this subpart shall be used to 

23 supplement, and not supplant, funds that would otherwise 

24 be used for activities authorized under this subpart. 


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1 ‘‘SEC. 4209. MAINTENANCE OF EFFORT. 

2 ‘‘A State that receives funds under this subpart for 

3 a fiscal year shall maintain the fiscal effort provided by 

4 the State for the subjects supported by the funds under 

5 this part at a level equal to or greater than the level of 

6 such fiscal effort for the preceding fiscal year. 

7 ‘‘Subpart 2—STEM Master Teacher Corps Program 

8 ‘‘SEC. 4221. PURPOSE. 

9 ‘‘The purpose of this subpart is to establish a STEM 

10 Master Teacher Corps program that— 

11 ‘‘(1) elevates the status of the STEM teaching 

12 profession by recognizing and rewarding outstanding 

13 STEM teachers; 

14 ‘‘(2) attracts and retains effective STEM teach15 ers, particularly in high-need schools, by offering 

16 them additional compensation, instructional re17 sources, and instructional leadership roles; and 

18 ‘‘(3) creates a network of outstanding STEM 

19 teacher-leaders who will— 

20 ‘‘(A) share best practices and resources; 

21 ‘‘(B) take on leadership responsibilities in 

22 their schools, districts, States (if part of the 

23 participating area), or consortia with the au24 thority to provide professional support to their 

25 STEM colleagues not participating in the 

26 STEM Master Teacher Corps; 


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1 ‘‘(C) aid in the development and retention 

2 of beginning teachers by serving as their role 

3 models and providing them with instructional 

4 support; and 

5 ‘‘(D) inform the development of STEM 

6 education policy. 

7 ‘‘SEC. 4222. DEFINITIONS. 

8 ‘‘In this subpart: 

9 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en10 tity’ means a consortium of high-need local edu11 cational agencies or 1 or more State educational 

12 agencies, acting in partnership with 1 or more— 

13 ‘‘(A) institutions of higher education; or 

14 ‘‘(B) nonprofit organizations with a dem15 onstrated record of success in preparing or im16 proving the effectiveness of STEM teachers. 

17 ‘‘(2) PARTICIPATING AREA.—The term ‘partici18 pating area’ means— 

19 ‘‘(A) in the case of an eligible entity that 

20 includes a State educational agency or consor21 tium of State educational agencies, the State or 

22 States; or 

23 ‘‘(B) in the case of an eligible entity that 

24 includes a consortium of local educational agen25 cies, the area served by such agencies. 


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1 ‘‘(3) RURAL SCHOOL.—The term ‘rural school’ 

2 means a public school— 

3 ‘‘(A) designated with a school locale code 

4 of Distant Town, Remote Town, Fringe Rural, 

5 Distant Rural, or Remote Rural; and 

6 ‘‘(B) served by a local educational agency 

7 in which not less than two-thirds of the stu8 dents served by the agency attend a school des9 ignated with 1 of the school locale codes listed 

10 in subparagraph (A). 

11 ‘‘(4) STEM.—The term ‘STEM’ means science, 

12 technology, engineering, and mathematics, including 

13 computer science. 

14 ‘‘SEC. 4223. STEM MASTER TEACHER CORPS PROGRAM. 

15 ‘‘(a) IN GENERAL.— 

16 ‘‘(1) GRANTS AUTHORIZED.—From the amount 

17 reserved under section 4203(a)(1)(C), the Secretary, 

18 in consultation with the Director of the National 

19 Science Foundation and the heads of other appro20 priate Federal agencies, as determined by the Sec21 retary, shall establish a STEM Master Teacher 

22 Corps program by awarding, on a competitive basis, 

23 1 or more grants of not less than $15,000,000 each 

24 to eligible entities to enable the eligible entities to 


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1 establish the program, in accordance with section 

2 4225. 

3 ‘‘(2) PLANNING GRANTS.—The Secretary may 

4 award planning grants to eligible entities to enable 

5 the entities to make plans to establish the program, 

6 in accordance with section 4225. 

7 ‘‘(b) DURATION OF GRANT.— 

8 ‘‘(1) IN GENERAL.—A grant awarded under 

9 this subpart shall be for a period of not more than 

10 5 years. 

11 ‘‘(2) REVIEW.—The Secretary shall— 

12 ‘‘(A) review, 3 years after an eligible entity 

13 is awarded a grant under this subpart, the per14 formance of the entity during the 3-year period; 

15 and 

16 ‘‘(B) fund the remaining grant period for 

17 such entity if the Secretary determines, based 

18 on such review, that the entity is achieving sat19 isfactory results. 

20 ‘‘(c) MATCHING REQUIREMENT.— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), an eligible entity that receives a grant 

23 under this subpart shall provide, from non-Federal 

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1 vided in cash or in-kind, to carry out the activities 

2 supported by the grant. 

3 ‘‘(2) EXCEPTION.— 

4 ‘‘(A) IN GENERAL.—The Secretary may 

5 waive the 50 percent matching requirement 

6 under paragraph (1) for an eligible entity that 

7 the Secretary determines is unable to meet such 

8 requirement. The Secretary shall set a match9 ing requirement for such eligible entities ac10 cording to the sliding scale described in sub11 paragraph (B). 

12 ‘‘(B) SLIDING SCALE.—The amount of a 

13 match under subparagraph (A) shall be estab14 lished based on a sliding fee scale that takes 

15 into account— 

16 ‘‘(i) the relative poverty of the popu17 lation to be targeted by the eligible entity; 

18 and 

19 ‘‘(ii) the ability of the eligible entity to 

20 obtain such matching funds. 

21 ‘‘(3) CONSIDERATION.—The Secretary shall not 

22 consider an eligible entity’s ability to match funds 

23 when determining which eligible entities will receive 

24 grant awards under this subpart. 


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1 ‘‘SEC. 4224. APPLICATION. 

2 ‘‘(a) IN GENERAL.—An eligible entity desiring a 

3 grant under this subpart shall submit an application to 

4 the Secretary at such time, in such manner, and con5 taining such information as the Secretary may require. 

6 ‘‘(b) CONTENTS.—An application submitted under 

7 this section shall include— 

8 ‘‘(1) a description of the STEM Master Teach9 er Corps program that the eligible entity intends to 

10 carry out, including the number of Corps members 

11 the entity intends to select, the intended distribution 

12 of subjects and grade levels taught, the geographic 

13 and economic characteristics of the local educational 

14 agencies that are part of the participating area, such 

15 as the rural-urban continuum codes and proportion 

16 of high-need schools served, and the type of activi17 ties proposed for recruitment of Corps members; 

18 ‘‘(2) a description of the roles and responsibil19 ities that each participating local educational agency, 

20 State, institution of higher education, or nonprofit 

21 organization, as applicable, will have; 

22 ‘‘(3) a demonstration that the entity has suffi23 cient capacity to carry out the activities described in 

24 section 4225; 

25 ‘‘(4) a description of the member selection proc26 ess and criteria that the applicant will use to select 


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1 members of the STEM Master Teacher Corps, in ac2 cordance with section 4225(b); 

3 ‘‘(5) a description of how the eligible entity in4 tends to facilitate networking and sharing of best 

5 practices and educational resources relating to 

6 STEM education among Corps members, particu7 larly at rural schools, if applicable, and make a se8 lection of these best practices and resources more 

9 widely available to other teachers and the STEM 

10 educational community, including through electronic 

11 means; 

12 ‘‘(6) a demonstration that the entity has a clear 

13 plan for— 

14 ‘‘(A) offering research-based professional 

15 development to Corps members, including train16 ing on instructional leadership, mentoring, en17 gaging and effectively teaching historically 

18 underachieving or underrepresented groups in 

19 STEM fields, such as girls, minorities, low-in20 come students, English learners, and students 

21 with disabilities, and effective STEM teaching 

22 methods, such as incorporating hands-on 

23 STEM projects into their lesson plans; and 

24 ‘‘(B) tracking the effectiveness of such 

25 professional development; 


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1 ‘‘(7) a demonstration that the entity has a clear 

2 plan for evaluating the impact of the professional 

3 support provided by STEM Master Teacher Corps 

4 members to other teachers in their school, district, 

5 State (if part of the participating area), or consor6 tium; 

7 ‘‘(8) a description of how the local educational 

8 agencies and schools served by the eligible entity in9 tend to align STEM Master Teacher Corps mem10 bers’ duties with school systems and activities al11 ready in place, if applicable, such as professional de12 velopment and mentoring; 

13 ‘‘(9) an explanation of how STEM Master 

14 Teacher Corps members will be afforded the time, 

15 authority, and resources to fulfill requirements 

16 under the program, and how other teachers will be 

17 afforded the time to receive professional support 

18 from Corps members; 

19 ‘‘(10) a demonstration that the entity has a 

20 clear plan for oversight to ensure that STEM Mas21 ter Teacher Corps members carry out the respon22 sibilities described in section 4225(c) to the fullest 

23 extent practicable, and a description of the actions 

24 to be taken if a member does not carry out such re25 sponsibilities; and 


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1 ‘‘(11) a description of how the grant funds will 

2 be financially managed. 

3 ‘‘(c) CRITERIA FOR AWARDING GRANTS.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall award 

5 grants under this subpart on the basis of merit con6 sidering, at a minimum, the following: 

7 ‘‘(A) The extent to which the local edu8 cational agencies that are part of the eligible 

9 entity are committed to integrating the pro10 gram into existing school structures, policies, 

11 operations, and budgets, such as by enabling 

12 STEM Master Teacher Corps members to take 

13 on leadership roles in their schools, districts, 

14 States, if part of the participating area, or con15 sortia, in addition to their classroom duties, in16 cluding assisting in the development and imple17 mentation of professional development activities 

18 and driving the instructional program of the 

19 school. 

20 ‘‘(B) The quality of the proposed profes21 sional development, teacher leadership and 

22 mentorship activities, and networking opportu23 nities. 

24 ‘‘(C) Demonstration that the local edu25 cational agencies and schools they serve have 


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1 removed barriers to full participation in the 

2 program, including affording Corps members 

3 and the teachers they mentor the time to par4 ticipate in activities required by the program. 

5 ‘‘(D) The number and quality of the indi6 viduals that will be served by the program. 

7 ‘‘(E) The capacity of the eligible entity to 

8 effectively carry out the program. 

9 ‘‘(2) PRIORITY.—In awarding grants under this 

10 subpart, the Secretary shall give priority to— 

11 ‘‘(A) eligible entities that intend to include 

12 large numbers of teachers in the STEM Master 

13 Teacher Corps; and 

14 ‘‘(B) eligible entities that intend to include 

15 rural schools, particularly high-need rural 

16 schools, in the participating area to be served. 

17 ‘‘SEC. 4225. REQUIRED USE OF FUNDS. 

18 ‘‘(a) IN GENERAL.—An eligible entity receiving a 

19 grant under this subpart shall use grant funds to— 

20 ‘‘(1) administer the selection of teachers for 

21 membership in the STEM Master Teacher Corps, in 

22 accordance with the requirements of subsection (b); 

23 ‘‘(2) provide compensation to each public school 

24 teacher who is selected and serves as a member of 

25 the STEM Master Teacher Corps, in recognition of 


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1 the teacher’s teaching accomplishments, leadership, 

2 and increased responsibilities, which amount shall— 

3 ‘‘(A) supplement, and not supplant, the 

4 teacher’s base salary; and 

5 ‘‘(B) be equal to— 

6 ‘‘(i) in the case of a teacher who 

7 teaches at a high-need public school, in8 cluding a high-need charter school, 

9 $15,000 per year for each year the teacher 

10 serves as a member of the Corps; and 

11 ‘‘(ii) in the case of a teacher who 

12 teaches at a public school, including a 

13 charter school, that is not a high-need 

14 school, $5,000 per year for each year the 

15 teacher serves as a member of the Corps; 

16 ‘‘(3) provide research-based professional devel17 opment activities for members of the STEM Master 

18 Teacher Corps, as described in section 4224(b)(6), 

19 and track the effectiveness of such professional de20 velopment in order to determine whether to alter 

21 professional development activities; 

22 ‘‘(4) provide discretionary resources for STEM 

23 Master Teacher Corps members at high-need public 

24 schools to use in their classrooms and schools, in25 cluding for after school activities to enrich STEM 


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1 education and for equipment and technology to fa2 cilitate long distance networking, mentoring, and 

3 sharing of best practices; 

4 ‘‘(5) assist in coordinating instructional leader5 ship roles for STEM Master Teacher Corps mem6 bers and mentoring relationships between STEM 

7 Master Teacher Corps members and other teachers 

8 in the same school, school district, State, if part of 

9 the participating area, or consortium in which the 

10 Corps members serve as instructional leaders; 

11 ‘‘(6) facilitate efforts by STEM Master Teacher 

12 Corps members to inform STEM education policy at 

13 the national, State, and local levels; 

14 ‘‘(7) help defray costs associated with affording 

15 STEM Master Teacher Corps members the time to 

16 fulfill their duties as Corps members; and 

17 ‘‘(8) support other activities that advance the 

18 purpose of this subpart. 

19 ‘‘(b) SELECTING MEMBERS OF THE STEM MASTER

20 TEACHER CORPS.— 

21 ‘‘(1) SELECTION CRITERIA FOR CORPS MEM22 BERS.—The eligible entity shall select, as members 

23 of the STEM Master Teacher Corps, exemplary 

24 STEM teachers at the elementary school and sec25 ondary school levels who teach in the participating 


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1 area, which may also include special education 

2 teachers and teachers of English learners who teach 

3 a STEM subject. In selecting the members, the eligi4 ble entity shall— 

5 ‘‘(A) make decisions based on the teach6 er’s— 

7 ‘‘(i) ability to improve student aca8 demic achievement in the STEM fields, as 

9 demonstrated by, if applicable, student 

10 academic growth in such fields; 

11 ‘‘(ii) ability to enhance student en12 gagement in such fields; 

13 ‘‘(iii) record of leadership in the 

14 teacher’s school and involvement in profes15 sional and outreach activities; 

16 ‘‘(iv) record of teaching students not 

17 on grade level or not making sufficient 

18 growth to graduate college and career 

19 ready; and 

20 ‘‘(v) demonstrated ability to facilitate 

21 student academic achievement growth with 

22 the students described in clause (iv), where 

23 such measures are available; and 

24 ‘‘(B) evaluate the teacher’s ability and 

25 record based on multiple measures, such as— 


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1 ‘‘(i) teacher evaluations of pedagogical 

2 skills; 

3 ‘‘(ii) an assessment of content knowl4 edge; 

5 ‘‘(iii) the performance and improve6 ment of the teacher’s students on tests; 

7 ‘‘(iv) demonstration of practical pro8 fessional experience in the teacher’s dis9 cipline, such as having worked in industry 

10 or research; 

11 ‘‘(v) involvement in STEM discipline 

12 professional societies; 

13 ‘‘(vi) STEM outreach and community 

14 involvement; and 

15 ‘‘(vii) certification by the National 

16 Board for Professional Teaching Stand17 ards, or other equivalently rigorous, per18 formance-based, peer-reviewed certification, 

19 as a high-performing teacher. 

20 ‘‘(2) OVERALL CORPS MEMBERSHIP REQUIRE21 MENTS.—An eligible entity receiving a grant under 

22 this subpart shall ensure that— 

23 ‘‘(A) not more than 5 percent of the 

24 STEM teachers who teach in the participating 

25 area are members of the Corps; 


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1 ‘‘(B) not less than 75 percent of the 

2 STEM Master Teacher Corps members are 

3 teachers at high-need schools; 

4 ‘‘(C) the proportion of STEM Master 

5 Teacher Corps members in the participating 

6 area who teach at rural high-need schools is not 

7 less than the proportion of all teachers who 

8 teach at rural high-need schools in the partici9 pating area; 

10 ‘‘(D) there are multiple cohorts of STEM 

11 Master Teacher Corps members; and 

12 ‘‘(E) the STEM Master Teacher Corps in13 cludes teachers from each of science, tech14 nology, engineering, and mathematics, if teach15 ers from each of these disciplines meeting the 

16 standards of Corps membership are available in 

17 the participating area and may include teachers 

18 of career and technical education. 

19 ‘‘(3) PARTICIPATION OF PRIVATE SCHOOL

20 TEACHERS.—An eligible entity may select STEM 

21 teachers who teach at private schools in the partici22 pating area to be members of the STEM Master 

23 Teacher Corps, except that— 


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1 ‘‘(A) not more than 5 percent of teachers 

2 selected as STEM Master Teacher Corps mem3 bers shall be teachers at private schools; and 

4 ‘‘(B) private school teachers shall not be 

5 eligible for compensation described in sub6 section (a)(2), discretionary resource funds de7 scribed in subsection (a)(4), or for defrayment 

8 funds described in subsection (a)(7). 

9 ‘‘(c) CORPS MEMBER REQUIREMENTS.—Each teach10 er selected to be a member of the STEM Master Teacher 

11 Corps who wishes to join the Corps shall enter into an 

12 agreement with the eligible entity, under which the teacher 

13 shall, as a condition of receiving the compensation de14 scribed in subsection (a)(2) and the discretionary re15 sources described in subsection (a)(4), agree to carry out 

16 the responsibilities of a master teacher as required by the 

17 eligible entity, including— 

18 ‘‘(1) participating in professional development 

19 activities offered by the program; 

20 ‘‘(2) networking and sharing best practices and 

21 educational resources with other members of the 

22 STEM Master Teacher Corps; and 

23 ‘‘(3) contributing to the professional develop24 ment of the teacher’s colleagues, which may include 

25 providing school-based professional support to other 


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1 STEM teachers through regular weekly professional 

2 development sessions and individual coaching, where 

3 possible, leading professional learning communities, 

4 and taking on other instructional leadership roles in 

5 the teacher’s school, district, State, if part of the 

6 participating area, or consortium. 

7 ‘‘(d) COLLECTION FOR NONCOMPLIANCE.— 

8 ‘‘(1) MONITORING COMPLIANCE.—Each eligible 

9 entity that receives a grant under this subpart shall 

10 monitor whether each teacher the entity selects to be 

11 a member of the STEM Master Teacher Corps is in 

12 compliance with the Corps member requirements de13 scribed in subsection (c). 

14 ‘‘(2) COLLECTION OF REPAYMENT.— 

15 ‘‘(A) IN GENERAL.—A teacher selected to 

16 be a member of the STEM Master Teacher 

17 Corps shall repay the additional compensation 

18 provided for a school year described in sub19 section (a)(2) to the eligible entity if— 

20 ‘‘(i) the entity finds the teacher not in 

21 compliance with the Corps member re22 quirements described in subsection (c) and 

23 the entity determines the teacher should no 

24 longer be a member of the Corps for such 

25 year; or 


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1 ‘‘(ii) the teacher withdraws during 

2 such year from membership in the Corps 

3 without an accepted excuse, as determined 

4 by the eligible entity. 

5 ‘‘(B) COMPENSATION RETURNED TO THE

6 TREASURY.— 

7 ‘‘(i) IN GENERAL.—Except as pro8 vided in clause (ii), an eligible entity that 

9 receives repaid compensation under sub10 paragraph (A) shall return such compensa11 tion to the United States Treasury. 

12 ‘‘(ii) ADMINISTRATIVE COSTS.—An el13 igible entity that receives repaid compensa14 tion under subparagraph (A) may retain a 

15 percentage, determined by the Secretary, 

16 of such repayment to defray administrative 

17 costs associated with the collection. 

18 ‘‘SEC. 4226. PERFORMANCE METRICS; REPORT. 

19 ‘‘(a) ESTABLISHMENT OF PERFORMANCE

20 METRICS.—The Secretary, acting through the Director of 

21 the Institute of Education Sciences, shall establish per22 formance metrics to evaluate the effectiveness of the ac23 tivities carried out under this subpart. 

24 ‘‘(b) ANNUAL REPORT.—Each eligible entity that re25 ceives a grant under this subpart shall prepare and submit 


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1 an annual report to the Secretary, which shall include in2 formation relevant to the performance metrics described 

3 in subsection (a). 

4 ‘‘SEC. 4227. SUPPLEMENT NOT SUPPLANT. 

5 ‘‘Funds received under this subpart shall be used to 

6 supplement, and not supplant, funds that would otherwise 

7 be used for activities authorized under this subpart. 

8 ‘‘SEC. 4228. EVALUATION. 

9 ‘‘From the amount reserved in accordance with sec10 tion 9601, the Secretary shall— 

11 ‘‘(1) acting through the Director of the Insti12 tute of Education Sciences, and in consultation with 

13 the Director of the National Science Foundation— 

14 ‘‘(A) evaluate the implementation and im15 pact of the activities supported under this sub16 part, with regard to the program’s success in 

17 achieving the purpose described in section 4221; 

18 ‘‘(B) identify optimal strategies for the de19 sign, implementation, and continuing develop20 ment of the STEM Master Teacher Corps pro21 gram; and 

22 ‘‘(C) identify best practices for developing, 

23 supporting, and retaining STEM teachers based 

24 on lessons learned from the STEM Master 

25 Teacher Corps program; and 


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1 ‘‘(2) disseminate findings from the evaluation 

2 conducted under paragraph (1) to the STEM edu3 cation field and make the findings publicly avail4 able.’’. 

5 SEC. 4104. INCREASING ACCESS TO A WELL-ROUNDED EDU6 CATION. 

7 Title IV (20 U.S.C. 7101 et seq.) is amended by in8 serting after part B, as added by section 4103 of this Act, 

9 the following: 

10 ‘‘PART C—INCREASING ACCESS TO A WELL11 ROUNDED EDUCATION AND FINANCIAL LIT12 ERACY 

13 ‘‘Subpart 1—Increasing Access to a Well-rounded 

14 Education 

15 ‘‘SEC. 4301. PURPOSE. 

16 ‘‘The purpose of this subpart is to improve the aca17 demic achievement of low-income students by giving stu18 dents increased access to high-quality instruction for a 

19 well-rounded education. 

20 ‘‘SEC. 4302. DEFINITIONS. 

21 ‘‘In this subpart: 

22 ‘‘(1) COVERED SUBJECTS.—The term ‘covered 

23 subjects’ means any of the following academic sub24 jects: 

25 ‘‘(A) Arts. 


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1 ‘‘(B) Civics and government. 

2 ‘‘(C) Economics. 

3 ‘‘(D) Environmental education. 

4 ‘‘(E) Financial literacy. 

5 ‘‘(F) Foreign languages. 

6 ‘‘(G) Geography. 

7 ‘‘(H) Health education. 

8 ‘‘(I) History. 

9 ‘‘(J) Music. 

10 ‘‘(K) Physical education. 

11 ‘‘(L) Social studies. 

12 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en13 tity’ means a State educational agency in partner14 ship with— 

15 ‘‘(A) a nonprofit organization with a dem16 onstrated record of success in improving stu17 dent achievement in 1 or more covered subjects; 

18 ‘‘(B) an institution of higher education; 

19 ‘‘(C) a local educational agency; 

20 ‘‘(D) an educational service agency; or 

21 ‘‘(E) 1 or more other State educational 

22 agencies. 

23 ‘‘(3) ELIGIBLE SUBGRANTEE.—The term ‘eligi24 ble subgrantee’ means— 

25 ‘‘(A) a high-need local educational agency; 


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1 ‘‘(B) an educational service agency serving 

2 more than 1 high-need local educational agency; 

3 or 

4 ‘‘(C) a consortium of high-need local edu5 cational agencies. 

6 ‘‘(4) LOW-INCOME STUDENT.—The term ‘low7 income student’ means a student— 

8 ‘‘(A) from a family with an income below 

9 the poverty line; or 

10 ‘‘(B) who is eligible for free or reduced11 price lunch under the Richard B. Russell Na12 tional School Lunch Act (42 U.S.C. 1751 et 

13 seq.). 

14 ‘‘SEC. 4303. GRANT PROGRAM. 

15 ‘‘(a) GRANTS TO ELIGIBLE ENTITIES.—From 

16 amounts appropriated to carry out this subpart for a fiscal 

17 year, and not reserved in accordance with section 9601, 

18 the Secretary shall make grants to eligible entities to en19 able the eligible entities to carry out the activities de20 scribed in subsection (e). 

21 ‘‘(b) DURATION.—A grant under this section shall be 

22 for a period of not more than 5 years. 

23 ‘‘(c) PAYMENTS.— 

24 ‘‘(1) CONTINGENT PAYMENTS.—After the third 

25 year of a grant under this section, the Secretary 


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1 shall make continued funding under the grant con2 tingent upon the eligible entity’s progress toward 

3 reaching the goals established under the metrics de4 scribed in subsection (h)(1). 

5 ‘‘(2) FORMULA.— 

6 ‘‘(A) DISTRIBUTION TRIGGER.— 

7 ‘‘(i) AMOUNT TO TRIGGER FOR8 MULA.—If the amount of funds appro9 priated to carry out this subpart for a fis10 cal year equals or exceeds $500,000,000, 

11 then the Secretary shall award grants to 

12 eligible entities based on the formula de13 scribed under subparagraph (B). 

14 ‘‘(ii) AMOUNT TO TRIGGER COMPETI15 TIVE GRANT PROCESS.—If the funds ap16 propriated to carry out this subpart for a 

17 fiscal year are less than $500,000,000, 

18 then the Secretary shall award grants to 

19 eligible entities on a competitive basis. 

20 ‘‘(B) FORMULA.—From funds made avail21 able to carry out this subpart for a fiscal year, 

22 and not reserved in accordance with section 

23 9601, the Secretary shall allot to each eligible 

24 entity having an application approved under 

25 subparagraph (C)— 


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1 ‘‘(i) an amount that bears the same 

2 relationship to 80 percent of the remainder 

3 as the number of individuals ages 5 

4 through 17 from families with incomes 

5 below the poverty line, in the State, as de6 termined by the Secretary on the basis of 

7 the most recent satisfactory data, bears to 

8 the number of those individuals in all 

9 States that have an application approved 

10 under such subparagraph; and 

11 ‘‘(ii) an amount that bears the same 

12 relationship to 20 percent of the remainder 

13 as the number of individuals ages 5 to 17 

14 in the State, as determined by the Sec15 retary on the basis of the most recent sat16 isfactory data, bears to the number of 

17 those individuals in all States that have an 

18 application approved under such subpara19 graph. 

20 ‘‘(C) EXCEPTIONS.— 

21 ‘‘(i) MINIMUM GRANT AMOUNT.—Sub22 ject to clause (ii), no State receiving an al23 lotment under subparagraph (B) may re24 ceive less than 1 percent of the total 

25 amount allotted under such subparagraph. 


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1 ‘‘(ii) PUERTO RICO.—The percentage 

2 of the amount allotted under subparagraph 

3 (B) that is allotted to the Commonwealth 

4 of Puerto Rico for a fiscal year may not 

5 exceed the amount under clause (i). 

6 ‘‘(D) PEER REVIEW REQUIREMENTS.—The 

7 Secretary shall establish a peer review process 

8 to ensure that applications submitted for for9 mula funding, as described in subparagraph 

10 (B), are of high quality and meet the require11 ments and purposes of this subpart. 

12 ‘‘(d) APPLICATION.— 

13 ‘‘(1) IN GENERAL.—Each eligible entity desir14 ing a grant under this section shall submit an appli15 cation to the Secretary at such time, in such man16 ner, and accompanied by such information as the 

17 Secretary may require. 

18 ‘‘(2) CONTENTS.—The application shall, at a 

19 minimum— 

20 ‘‘(A) describe the needs identified by the 

21 eligible entity, based on the eligible entity’s 

22 analysis of— 

23 ‘‘(i) student access to, and quality of 

24 instruction in, covered subjects, including a 

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1 tween low-income and non-low-income stu2 dents in the State served by the eligible en3 tity; 

4 ‘‘(ii) the capacity of high-need local 

5 educational agencies in such State to de6 liver high-quality instruction in covered 

7 subjects, including an analysis of instruc8 tional supports, curricula, professional 

9 growth and improvement systems, and 

10 teacher qualifications, effectiveness, knowl11 edge, and skills; 

12 ‘‘(iii) the capacity of the eligible entity 

13 to provide local educational agencies with 

14 the support, including professional develop15 ment and technical assistance, needed to 

16 deliver high-quality instruction and develop 

17 curricula in covered subjects; and 

18 ‘‘(iv) standards, assessments, cur19 ricula, accommodations, and other sup20 ports used in such State in covered sub21 jects; 

22 ‘‘(B) identify the covered subjects that the 

23 eligible entity will address through the activities 

24 described in subsection (e), consistent with the 

25 needs identified in subparagraph (A); 


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1 ‘‘(C) describe, in a manner that addresses 

2 the needs identified in subparagraph (A)— 

3 ‘‘(i) how access to high-quality courses 

4 in the subjects identified in subparagraph 

5 (B) will be increased for low-income stu6 dents in such State; 

7 ‘‘(ii) how the knowledge and skills of 

8 teachers will be evaluated and improved so 

9 that such teachers will deliver high-quality 

10 instruction in such subjects; 

11 ‘‘(iii) how the eligible entity will pro12 vide assistance to high-need local edu13 cational agencies to improve student access 

14 to, and achievement in, the subjects identi15 fied in subparagraph (B), including 

16 through principal training; and 

17 ‘‘(iv) how the eligible entity will en18 sure that all activities funded through a 

19 grant awarded under this section are evi20 dence-based; 

21 ‘‘(D) describe how activities funded 

22 through a grant awarded under this section will 

23 be aligned with other Federal, State, and local 

24 funding, programs, and strategies, as appro25 priate; and 


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1 ‘‘(E) if applicable, describe the eligible en2 tity’s plan for disbursing funds to eligible sub3 grantees to implement the activities described 

4 in subsection (e). 

5 ‘‘(3) COMPETITIVE PRIORITY.—If grants are 

6 awarded competitively, consistent with subsection 

7 (c)(2)(A)(ii), the Secretary shall give priority to ap8 plications from eligible entities that— 

9 ‘‘(A) include in the application a plan to 

10 implement an interdisciplinary approach, by in11 tegrating instruction in 1 or more covered sub12 jects with reading, English, language arts, 

13 science, or mathematics instruction; and 

14 ‘‘(B) include in the application a plan to 

15 provide expanded learning time in the schools 

16 served by eligible subgrantees, in order to in17 crease access to covered subjects. 

18 ‘‘(e) AUTHORIZED ACTIVITIES.— 

19 ‘‘(1) IN GENERAL.—Each eligible entity that re20 ceives a grant under this section shall use the grant 

21 funds to increase access for low-income students, in22 cluding students who are English learners and stu23 dents who are children with disabilities, to high-qual24 ity instruction in at least 1 of the covered subjects 

25 by carrying out 1 or more of the following activities: 


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1 ‘‘(A) Improving the knowledge and skills of 

2 teachers through professional growth and im3 provement systems, and other instructional sup4 ports. 

5 ‘‘(B) Building local capacity to develop and 

6 implement, high-quality curricula, instructional 

7 supports, and assessments that are aligned with 

8 the State college and career ready academic 

9 content and achievement standards, consistent 

10 with section 1111(a)(1), in such subjects. 

11 ‘‘(2) SPECIAL RULE.—Each eligible entity that 

12 receives a grant under this section shall use grant 

13 funds to meet the needs identified in subsection 

14 (d)(2)(A) and the Secretary shall not require any eli15 gible entity to address a specific subject or to ad16 dress all covered subjects. 

17 ‘‘(3) STATE ADMINISTRATION.—Each eligible 

18 entity that receives a grant under this section may 

19 reserve not more than 4 percent of grant funds for 

20 administration costs of the grant. 

21 ‘‘(f) SUBGRANTS.— 

22 ‘‘(1) IN GENERAL.—Each eligible entity that re23 ceives a grant under this section may, in accordance 

24 with paragraph (2), award subgrants, on a competi25 tive basis, to eligible subgrantees to enable such eliVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00642 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 gible subgrantees to carry out the activities de2 scribed in subsection (e). 

3 ‘‘(2) MINIMUM GRANT.—Each subgrant under 

4 this subsection shall be of sufficient size and scope 

5 to support a high-quality, effective program that is 

6 consistent with the purpose of this subpart. 

7 ‘‘(g) EVALUATION.—From the amount reserved in 

8 accordance with section 9601, the Secretary shall— 

9 ‘‘(1) acting through the Director of the Insti10 tute of Education Sciences— 

11 ‘‘(A) evaluate, in consultation with the rel12 evant program office at the Department of 

13 Education, the implementation and impact of 

14 the activities supported under this section, in15 cluding progress as measured by the metrics es16 tablished under subsection (h)(1); and 

17 ‘‘(B) identify best practices to improve in18 struction in covered subjects; and 

19 ‘‘(2) disseminate research on best practices to 

20 improve instruction in covered subjects. 

21 ‘‘(h) ACCOUNTABILITY.— 

22 ‘‘(1) PERFORMANCE METRICS.—The Secretary, 

23 acting through the Director of the Institute of Edu24 cation Sciences, shall, in consultation with the rel25 evant program office at the Department, establish 


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1 performance metrics to evaluate the outcomes of 

2 grant projects that are assisted under this subpart. 

3 ‘‘(2) ANNUAL REPORTS.—Each eligible entity 

4 that receives a grant under this section shall prepare 

5 and submit an annual report to the Secretary, which 

6 shall include information about the performance 

7 metrics described in paragraph (1). 

8 ‘‘(i) SUPPLEMENT NOT SUPPLANT.—An eligible enti9 ty shall use Federal funds received under this section only 

10 to supplement the funds that would, in the absence of such 

11 Federal funds, be made available from other Federal and 

12 non-Federal sources for the activities described in this sec13 tion, and not to supplement such funds. 

14 ‘‘(j) MAINTENANCE OF EFFORT.—A State that re15 ceives assistance under this subpart shall maintain the fis16 cal effort provided by the State for the subjects supported 

17 by a grant under this subpart at a level equal to or greater 

18 than the level of such fiscal effort for the preceding fiscal 

19 year. 

20 ‘‘Subpart 2—Financial Literacy Education 

21 ‘‘SEC. 4311. SHORT TITLE. 

22 ‘‘This subpart may be cited as the ‘Financial Literacy 

23 for Students Act’. 


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1 ‘‘SEC. 4312. STATEWIDE INCENTIVE GRANTS FOR FINAN2 CIAL LITERACY EDUCATION. 

3 ‘‘(a) GRANTS AUTHORIZED.—From amounts made 

4 available under this subpart, the Secretary may award 

5 grants to State educational agencies to enable State edu6 cational agencies, on a statewide basis— 

7 ‘‘(1) to integrate financial literacy education 

8 into each public elementary school and public sec9 ondary school within the State that is eligible to re10 ceive funds under title I; and 

11 ‘‘(2) to provide professional development re12 garding the teaching of financial literacy in core aca13 demic subjects to each secondary school teacher of 

14 financial literacy or entrepreneurship within the 

15 State. 

16 ‘‘(b) PERMISSIBLE USES OF FUNDS.—In carrying 

17 out the grant activities described in subsection (a), the 

18 State educational agency may use grant funds to— 

19 ‘‘(1) implement school-based financial literacy 

20 activities, including after school activities; 

21 ‘‘(2) enhance student understanding and experi22 ential learning with consumer, economic, entrepre23 neurship, and personal finance concepts; and 

24 ‘‘(3) promote partnerships with community25 based organizations, financial institutions, local busiVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00645 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 nesses, entrepreneurs, or other organizations pro2 viding financial literacy activities. 

3 ‘‘(c) LIMITATION ON USES OF FUNDS.—A State edu4 cational agency receiving grant funds under this section 

5 shall not use more than 20 percent of such grant funds 

6 to carry out the following: 

7 ‘‘(1) Teacher professional development pro8 grams to embed financial literacy or personal finance 

9 or entrepreneurship education into core academic 

10 subjects. 

11 ‘‘(2) Curriculum development. 

12 ‘‘(3) An evaluation of the impact of financial 

13 literacy or personal finance education on students’ 

14 understanding of financial literacy concepts. 

15 ‘‘(d) MATCHING FUNDS.—A State educational agen16 cy that receives a grant under this section shall provide 

17 matching funds, from non-Federal sources, in an amount 

18 equal to 25 percent of the amount of grant funds provided 

19 to the State to carry out the activities supported by the 

20 grant.’’. 

21 SEC. 4105. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS. 

22 Title IV (20 U.S.C. 7101 et seq.) is amended by in23 serting after part C, as added by section 4104 of this Act, 

24 the following: 


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1 ‘‘PART D—SUCCESSFUL, SAFE, AND HEALTHY 

2 STUDENTS 

3 ‘‘SEC. 4401. PURPOSE. 

4 ‘‘The purpose of this part is to assist States and local 

5 educational agencies in developing and implementing com6 prehensive programs and strategies to foster positive con7 ditions for learning in public schools, in order to increase 

8 academic achievement for all students through the provi9 sion of Federal assistance to States for the— 

10 ‘‘(1) promotion of student physical health and 

11 well-being, nutrition, and fitness; 

12 ‘‘(2) promotion of student mental health and 

13 well-being; 

14 ‘‘(3) prevention of school violence, harassment, 

15 and substance abuse among students; and 

16 ‘‘(4) promotion of safe and supportive schools. 

17 ‘‘SEC. 4402. DEFINITIONS. 

18 ‘‘In this part: 

19 ‘‘(1) CHILD AND ADOLESCENT PSYCHIA20 TRIST.—The term ‘child and adolescent psychiatrist’ 

21 means an individual who— 

22 ‘‘(A) possesses State medical licensure; and 

23 ‘‘(B) has completed residency training pro24 grams in both general psychiatry and child and 

25 adolescent psychiatry. 


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1 ‘‘(2) CONDITIONS FOR LEARNING.—The term 

2 ‘conditions for learning’ means conditions that— 

3 ‘‘(A) advance student achievement and 

4 positive child and youth development by 

5 proactively supporting schools; 

6 ‘‘(B) are applied in and around the school 

7 building, on pathways to and from the school 

8 and students’ homes, at school-sponsored activi9 ties, and through electronic and social media in10 volving students or school personnel; 

11 ‘‘(C) promote physical, mental, and emo12 tional health; 

13 ‘‘(D) ensure physical and emotional safety 

14 for students and staff; 

15 ‘‘(E) promote social, emotional, and char16 acter development; and 

17 ‘‘(F) have the following attributes: 

18 ‘‘(i) Provide opportunities for physical 

19 activity, good nutrition, and healthy living. 

20 ‘‘(ii) Prevent the use and abuse of 

21 drugs. 

22 ‘‘(iii) ensure that the school environ23 ments described in subparagraph (B) 

24 are— 

25 ‘‘(I) free of weapons; and 


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1 ‘‘(II) free of harassment, abuse, 

2 dating violence, and all other forms of 

3 interpersonal aggression or violence. 

4 ‘‘(iv) Do not condone or tolerate 

5 unhealthy or harmful behaviors, including 

6 discrimination of any kind. 

7 ‘‘(v) Help staff and students to model 

8 positive social and emotional skills, includ9 ing tolerance and respect for others. 

10 ‘‘(vi) Promote concern for the well11 being of students, including through the 

12 presence of caring adults. 

13 ‘‘(vii) Ensure that the adults em14 ployed by the school— 

15 ‘‘(I) have high expectations for 

16 student conduct, character, and aca17 demic achievement and the capacity to 

18 establish supportive relationships with 

19 students; and 

20 ‘‘(II) are provided specialized 

21 training specific to the students’ 

22 stages of development. 

23 ‘‘(viii) Engage families and commu24 nity members with the school in meaning25 ful and sustained ways, such as through 


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1 case management services, to promote 

2 positive student academic achievement, de3 velopmental, and social growth, including 

4 non-cognitive skill development. 

5 ‘‘(ix) To the extent practicable, pro6 vide access to school nurses, school coun7 selors, and school social workers for the 

8 promotion of student physical health, men9 tal health, and well-being. 

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

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

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

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

15 ‘‘(4) DRUG.—The term ‘drug’ includes— 

16 ‘‘(A) a controlled substance; 

17 ‘‘(B) with respect to alcohol and tobacco, 

18 the illegal use of such substances; and 

19 ‘‘(C) with respect to inhalants and anabolic 

20 steroids, the harmful, abusive, or addictive use 

21 of such substances. 

22 ‘‘(5) DRUG AND VIOLENCE PREVENTION.—The 

23 term ‘drug and violence prevention’ means— 

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

25 early intervention, rehabilitation referral, or 


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1 education related to the abuse and illegal use of 

2 drugs, in order to— 

3 ‘‘(i) raise awareness about the costs 

4 and consequences of drug use and abuse; 

5 ‘‘(ii) change attitudes, perceptions, 

6 and social norms about the dangers and 

7 acceptability of alcohol, tobacco, and 

8 drugs; and 

9 ‘‘(iii) reduce access to and use of alco10 hol, tobacco, and drugs; and 

11 ‘‘(B) with respect to violence, the pro12 motion of school safety in and around the 

13 school building, on pathways to and from the 

14 school and students’ homes, at school-sponsored 

15 activities, and through electronic and social 

16 media involving students or school personnel, 

17 through the creation and maintenance of a 

18 school environment that— 

19 ‘‘(i) is free of— 

20 ‘‘(I) weapons; 

21 ‘‘(II) violent and disruptive acts; 

22 ‘‘(III) harassment; 

23 ‘‘(IV) sexual harassment, dating 

24 violence, and abuse; and 


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1 ‘‘(V) victimization associated 

2 with prejudice and intolerance; 

3 ‘‘(ii) fosters individual responsibility 

4 and respect for the rights and dignity of 

5 others; 

6 ‘‘(iii) employs positive, preventative 

7 approaches to school discipline, such as 

8 schoolwide positive behavior supports and 

9 interventions and restorative justice, that 

10 improve student engagement while mini11 mizing students’ removal from instruction 

12 and reducing the frequency of discipline in13 fractions and disparities among the sub14 groups of students described in section 

15 1116(b)(1)(B); and 

16 ‘‘(iv) demonstrates preparedness and 

17 readiness to respond to, and recover from, 

18 incidents of school violence. 

19 ‘‘(6) ELIGIBLE LOCAL APPLICANT.—The term 

20 ‘eligible local applicant’ means— 

21 ‘‘(A) a local educational agency; 

22 ‘‘(B) a consortium of local educational 

23 agencies; or 

24 ‘‘(C) a nonprofit organization that has a 

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1 tivities proposed in the grant application and 

2 has signed a memorandum of understanding 

3 with a local educational agency or consortium 

4 of local educational agencies that the organiza5 tion will, upon receipt of a subgrant under this 

6 part— 

7 ‘‘(i) implement school-based activities 

8 and programs described in section 

9 4404(i)(1)(A)(iii) in 1 or more schools 

10 served by the local educational agency or 

11 consortium; and 

12 ‘‘(ii) conduct school-level measurement 

13 of conditions for learning that are con14 sistent with the State’s conditions for 

15 learning measurement system under sec16 tion 4404(h). 

17 ‘‘(7) HARASSMENT.—The term ‘harassment’ 

18 means conduct, including bullying, that— 

19 ‘‘(A) is sufficiently severe, persistent, or 

20 pervasive to limit or interfere with a student’s 

21 ability to participate in or benefit from a pro22 gram or activity of a public school or edu23 cational agency, including acts of verbal, non24 verbal, or physical aggression, intimidation, or 


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1 hostility, and communications made available 

2 through electronic means; and 

3 ‘‘(B) is based on— 

4 ‘‘(i) a student’s actual or perceived 

5 race, color, national origin, sex, disability, 

6 sexual orientation, gender identity, or reli7 gion; 

8 ‘‘(ii) the actual or perceived race, 

9 color, national origin, sex, disability, sexual 

10 orientation, gender identity, or religion of 

11 a person with whom a student associates 

12 or has associated; or 

13 ‘‘(iii) any other distinguishing charac14 teristics that may be enumerated by a 

15 State or local educational agency. 

16 ‘‘(8) OTHER QUALIFIED PSYCHOLOGIST.—The 

17 term ‘other qualified psychologist’ means an indi18 vidual who has demonstrated competence in coun19 seling children in a school setting and who— 

20 ‘‘(A) is licensed in psychology by the State 

21 in which the individual works; and 

22 ‘‘(B) practices in the scope of the individ23 ual’s education, training, and experience with 

24 children in school settings. 


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1 ‘‘(9) PHYSICAL EDUCATION INDICATORS.—The 

2 term ‘physical education indicators’ means a set of 

3 measures for instruction on physical activity, health4 related fitness, physical competence, and cognitive 

5 understanding about physical activity. Such indica6 tors shall include— 

7 ‘‘(A) for the State, for each local edu8 cational agency in the State, and for each ele9 mentary school and secondary school in the 

10 State, the average number of minutes per week 

11 (averaged over the school year) that all students 

12 spend in required physical education, and the 

13 average number of minutes per week (averaged 

14 over the school year) that all students engage in 

15 moderate to vigorous physical activity, as meas16 ured against established recommended guide17 lines of the Centers for Disease Control and 

18 Prevention and the Department of Health and 

19 Human Services; 

20 ‘‘(B) for the State, the percentage of local 

21 educational agencies that have a required, age22 appropriate physical education curriculum that 

23 adheres to Centers for Disease Control and 

24 Prevention guidelines and State standards; 


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1 ‘‘(C) for the State, for each local edu2 cational agency in the State, and for each ele3 mentary school and secondary school in the 

4 State, the percentage of elementary school and 

5 secondary school physical education teachers 

6 who are licensed or certified in the State to 

7 teach physical education; 

8 ‘‘(D) for the State, and for each local edu9 cational agency in the State, the percentage of 

10 elementary schools and secondary schools that 

11 have a physical education teacher who is cer12 tified or licensed to teach physical education 

13 and adapted physical education in the State; 

14 ‘‘(E) for each school in the State, the num15 ber of indoor square feet and the number of 

16 outdoor square feet used primarily for physical 

17 education; and 

18 ‘‘(F) for the State, the percentage of local 

19 educational agencies that have a school wellness 

20 council that— 

21 ‘‘(i) includes members appointed by 

22 the local educational agency super23 intendent; 

24 ‘‘(ii) may include parents, students, 

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1 ity, representatives of the school board, 

2 school administrators, school nurses, and 

3 members of the public; and 

4 ‘‘(iii) meets regularly to promote a 

5 healthy school environment. 

6 ‘‘(10) PRESCRIPTION DRUG.—The term ‘pre7 scription drug’ means a drug (as defined in section 

8 201(g)(1) of the Federal Food, Drug, and Cosmetic 

9 Act (21 U.S.C. 321(g)(1)) that is described in sec10 tion 503(b)(1) of such Act (21 U.S.C. 353(b)(1))). 

11 ‘‘(11) PROGRAMS TO PROMOTE MENTAL

12 HEALTH.—The term ‘programs to promote mental 

13 health’ means programs that— 

14 ‘‘(A) develop students’ social and emotional 

15 competencies; 

16 ‘‘(B) link students with local mental health 

17 systems by— 

18 ‘‘(i) enhancing, improving, or devel19 oping collaborative efforts between school20 based service systems and mental health 

21 service systems to provide, enhance, or im22 prove prevention, diagnosis, and treatment 

23 services to students, and to improve stu24 dent social and emotional competencies; 

25 ‘‘(ii) enhancing the availability of— 


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1 ‘‘(I) crisis intervention services; 

2 ‘‘(II) appropriate referrals for 

3 students potentially in need of mental 

4 health services, including suicide pre5 vention; and 

6 ‘‘(III) ongoing mental health 

7 services; and 

8 ‘‘(iii) providing services that establish 

9 or expand school counseling and mental 

10 health programs that— 

11 ‘‘(I) are comprehensive in ad12 dressing the counseling, social, emo13 tional, behavioral, mental health, and 

14 educational needs of all students; 

15 ‘‘(II) use a developmental, pre16 ventive approach to counseling and 

17 mental health services; 

18 ‘‘(III) are linguistically appro19 priate and culturally responsive; 

20 ‘‘(IV) increase the range, avail21 ability, quantity, and quality of coun22 seling and mental health services in 

23 the elementary schools and secondary 

24 schools of the local educational agen25 cy; 


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1 ‘‘(V) expand counseling and men2 tal health services through— 

3 ‘‘(aa) school counselors, 

4 school social workers, school psy5 chologists, other qualified psy6 chologists, child and adolescent 

7 psychiatrists, or other qualified 

8 health or mental health profes9 sionals, such as school nurses; 

10 and 

11 ‘‘(bb) school-based mental 

12 health services partnership pro13 grams; 

14 ‘‘(VI) use innovative approaches 

15 to— 

16 ‘‘(aa) increase children’s un17 derstanding of peer and family 

18 relationships, work and self, deci19 sionmaking, or academic and ca20 reer planning; or 

21 ‘‘(bb) improve peer inter22 action; 

23 ‘‘(VII) provide counseling and 

24 mental health services in settings that 

25 meet the range of student needs; 


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1 ‘‘(VIII) include professional de2 velopment appropriate to the activities 

3 covered in this paragraph for teach4 ers, school leaders, instructional staff, 

5 and appropriate school personnel, in6 cluding training in appropriate identi7 fication and early intervention tech8 niques by school counselors, school so9 cial workers, school psychologists, 

10 other qualified psychologists, child 

11 and adolescent psychiatrists, or other 

12 qualified health professionals, such as 

13 school nurses; 

14 ‘‘(IX) ensure a team approach to 

15 school counseling and mental health 

16 services in the schools served by the 

17 local educational agency; 

18 ‘‘(X) demonstrate that the local 

19 educational agency is working to20 ward— 

21 ‘‘(aa) a 1:250 ratio of school 

22 counselors to students, as rec23 ommended by the American 

24 School Counselor Association; 


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1 ‘‘(bb) a 1:250 ratio of school 

2 social workers to students, as 

3 recommended by the School So4 cial Work Association of Amer5 ica; 

6 ‘‘(cc) a 1:700 ratio of school 

7 psychologists to students, as rec8 ommended by the National Asso9 ciation of School Psychologists; 

10 and 

11 ‘‘(dd) a 1:750 ratio of school 

12 nurses to students in the general 

13 population, a 1:225 ratio for stu14 dents requiring daily professional 

15 school nursing services, and a 

16 1:125 ratio for students with 

17 complex needs, as recommended 

18 by the National Association of 

19 School Nurses; and 

20 ‘‘(XI) ensure that school coun21 selors, school psychologists, other 

22 qualified psychologists, school social 

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1 jority of their time counseling or pro2 viding mental health services to stu3 dents or in other activities directly re4 lated to counseling or providing such 

5 services; 

6 ‘‘(C) provide training for the school per7 sonnel, health professionals (such as school 

8 nurses), and mental health professionals who 

9 will participate in the programs; and 

10 ‘‘(D) provide technical assistance and con11 sultation to school systems, mental health agen12 cies, and families participating in the programs. 

13 ‘‘(12) PROGRAMS TO PROMOTE PHYSICAL AC14 TIVITY, EDUCATION, AND FITNESS, AND NUTRI15 TION.—The term ‘programs to promote physical ac16 tivity, education, and fitness, and nutrition’ means 

17 programs that— 

18 ‘‘(A) increase and enable active student 

19 participation in physical well-being activities 

20 and provide teacher and school leader profes21 sional development to encourage and increase 

22 such participation; 

23 ‘‘(B) are comprehensive in nature; 

24 ‘‘(C) include opportunities for professional 

25 development for teachers of physical education 


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1 to stay abreast of the latest research, issues, 

2 and trends in the field of physical education; 

3 and 

4 ‘‘(D) include 1 or more of the following ac5 tivities: 

6 ‘‘(i) Fitness education and assessment 

7 to help students understand, improve, or 

8 maintain their physical well-being. 

9 ‘‘(ii) Instruction in a variety of motor 

10 skills and physical activities designed to 

11 enhance the physical, mental, social, and 

12 emotional development of every student. 

13 ‘‘(iii) Development of, and instruction 

14 in, cognitive concepts about motor skill and 

15 physical fitness that support a lifelong 

16 healthy lifestyle. 

17 ‘‘(iv) Opportunities to develop positive 

18 social and cooperative skills through phys19 ical activity. 

20 ‘‘(v) Instruction in healthy eating hab21 its and good nutrition. 

22 ‘‘(13) SCHOOL-BASED MENTAL HEALTH SERV23 ICES PARTNERSHIP PROGRAM.—The term ‘school24 based mental health services partnership program’ 

25 means a program that— 


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1 ‘‘(A) includes a public or private mental 

2 health entity or health care entity and may in3 clude a child welfare agency, family-based men4 tal health entity, family organization, trauma 

5 network, or other community-based entity; 

6 ‘‘(B) provides comprehensive school-based 

7 mental health services and supports; 

8 ‘‘(C) provides comprehensive staff develop9 ment for school and community service per10 sonnel working in the school; 

11 ‘‘(D) includes the early identification of so12 cial, emotional, or behavioral problems, or sub13 stance use disorders, and the provision of early 

14 intervening services; 

15 ‘‘(E) provides for the treatment or referral 

16 for treatment of students with social, emotional, 

17 or behavioral health problems, or substance use 

18 disorders; 

19 ‘‘(F) includes the development and imple20 mentation of programs to assist children in 

21 dealing with trauma and violence; 

22 ‘‘(G) includes the development of mecha23 nisms, based on best practices, for children to 

24 report incidents of violence or plans by other 

25 children or adults to commit violence; 


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1 ‘‘(H) is based on trauma-informed and evi2 dence-based practices; 

3 ‘‘(I) is coordinated, where appropriate, 

4 with early intervening services carried out 

5 under the Individuals with Disabilities Edu6 cation Act; and 

7 ‘‘(J) is provided by qualified mental and 

8 behavioral health professionals who are certified 

9 or licensed by the State involved and practicing 

10 within their area of expertise. 

11 ‘‘(14) SCHOOL COUNSELOR.—The term ‘school 

12 counselor’ means an individual who has documented 

13 competence in counseling children and adolescents in 

14 a school setting and who— 

15 ‘‘(A) is licensed by the State or certified by 

16 an independent professional regulatory author17 ity; 

18 ‘‘(B) in the absence of such State licensure 

19 or certification, possesses national certification 

20 in school counseling or a specialty of counseling 

21 granted by an independent professional organi22 zation; or 

23 ‘‘(C) holds a minimum of a master’s de24 gree in school counseling from a program ac25 credited by the Council for Accreditation of 


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1 Counseling and Related Educational Programs 

2 or the equivalent. 

3 ‘‘(15) SCHOOL HEALTH INDICATORS.—The 

4 term ‘school health indicators’ means a set of meas5 urements for determining the number of students 

6 seen in the school health office with, or for, social 

7 and emotional disturbances, abuse and neglect, sub8 stance use disorders, acute and chronic illness, and 

9 oral and visual health issues, (to the extent the 

10 school health office has applicable information), and 

11 the number of student deaths on school property, if 

12 any. 

13 ‘‘(16) SCHOOL NURSE.—The term ‘school 

14 nurse’ means a graduate of an accredited school of 

15 nursing program who is licensed by the State as a 

16 registered nurse. 

17 ‘‘(17) SCHOOL PSYCHOLOGIST.—The term 

18 ‘school psychologist’ means an individual who— 

19 ‘‘(A) has completed a minimum of 60 

20 graduate semester hours in school psychology 

21 from an institution of higher education and has 

22 completed 1,200 clock hours in a supervised 

23 school psychology internship, of which 600 

24 hours are in the school setting; 


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1 ‘‘(B) is licensed or certified in school psy2 chology by the State in which the individual 

3 works; or 

4 ‘‘(C) in the absence of such State licensure 

5 or certification, possesses national certification 

6 by the National School Psychology Certification 

7 Board. 

8 ‘‘(18) SCHOOL SOCIAL WORKER.—The term 

9 ‘school social worker’ means an individual who— 

10 ‘‘(A) holds a master’s degree in social work 

11 from a program accredited by the Council on 

12 Social Work Education; and 

13 ‘‘(B)(i) is licensed or certified by the State 

14 in which services are provided; or 

15 ‘‘(ii) in the absence of such State licensure 

16 or certification, possesses a national credential 

17 or certification as a school social work specialist 

18 granted by an independent professional organi19 zation. 

20 ‘‘SEC. 4403. ALLOCATION OF FUNDS. 

21 ‘‘From amounts made available to carry out this part, 

22 the Secretary shall allocate— 

23 ‘‘(1) in each year for which funding is made 

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1 cent of such amounts for technical assistance and 

2 evaluation; 

3 ‘‘(2) for the first 3 years for which funding is 

4 made available to carry out this part— 

5 ‘‘(A) except as provided in subparagraph 

6 (B)— 

7 ‘‘(i) not more than 30 percent of such 

8 amounts or $30,000,000, whichever 

9 amount is more, for State conditions for 

10 learning measurement systems grants, dis11 tributed to every State (by an application 

12 process consistent with section 4404(d)) in 

13 an amount proportional to each State’s 

14 share of funding under part A of title I, to 

15 develop or improve the State’s conditions 

16 for learning measurement system described 

17 in section 4404(h), and to conduct a needs 

18 analysis to meet the requirements of sec19 tion 4404(d)(2)(D); and 

20 ‘‘(ii) not more than 68 percent of such 

21 amounts for Successful, Safe, and Healthy 

22 Students State Grants under section 4404; 

23 and 

24 ‘‘(B) for any fiscal year for which the 

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1 served under paragraph (1) is less than 

2 $30,000,000, all of such remainder for the 

3 State conditions for learning measurement sys4 tems grants described in subparagraph (A)(i); 

5 and 

6 ‘‘(3) for the fourth year and each subsequent 

7 year for which funding is made available to carry 

8 out this part, not less than 98 percent of such 

9 amounts for Successful, Safe, and Healthy Students 

10 State Grants under section 4404. 

11 ‘‘SEC. 4404. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS 

12 STATE GRANTS. 

13 ‘‘(a) PURPOSE.—The purpose of this section is to 

14 provide funding to eligible States to implement com15 prehensive programs that— 

16 ‘‘(1) address conditions for learning in schools 

17 in the State; and 

18 ‘‘(2) are based on— 

19 ‘‘(A) scientifically valid research; and 

20 ‘‘(B) an analysis of need that considers, at 

21 a minimum, the indicators in the State’s condi22 tions for learning measurement system de23 scribed in subsection (h). 

24 ‘‘(b) STATE GRANTS.— 


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1 ‘‘(1) IN GENERAL.—From amounts allocated 

2 under section 4403 for Successful, Safe, and 

3 Healthy Students State Grants, the Secretary shall 

4 award grants to eligible States to carry out the pur5 pose of this section. 

6 ‘‘(2) AWARDS TO STATES.— 

7 ‘‘(A) FORMULA GRANTS.—Except as pro8 vided in subparagraph (B), if the total amount 

9 allocated under section 4403 for Successful, 

10 Safe, and Healthy Students State Grants for a 

11 fiscal year is $500,000,000 or greater, the Sec12 retary shall allot to each State that meets the 

13 eligibility requirements of subsection (c) with an 

14 approved application an amount that bears the 

15 same relationship to such total amount as the 

16 amount received under part A of title I by such 

17 eligible State for the preceding fiscal year bears 

18 to the amount received under such part for the 

19 preceding fiscal year by all eligible States. 

20 ‘‘(B) MINIMUM STATE ALLOTMENT.— 

21 ‘‘(i) IN GENERAL.—No State receiving 

22 an allotment under subparagraph (A) may 

23 receive less than one-half of 1 percent of 

24 the total amount allotted under such sub25 paragraph. 


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1 ‘‘(ii) PUERTO RICO.—The amount al2 lotted under subparagraph (A) to the Com3 monwealth of Puerto Rico for a fiscal year 

4 may not exceed one-half of 1 percent of the 

5 total amount allotted under such subpara6 graph for such fiscal year. 

7 ‘‘(C) COMPETITIVE GRANTS.— 

8 ‘‘(i) IN GENERAL.—If the total 

9 amount allocated under section 4403 for 

10 Successful, Safe, and Healthy Students 

11 State Grants for a fiscal year is less than 

12 $500,000,000, the Secretary shall award 

13 grants under this section to States that 

14 meet the eligibility requirements of sub15 section (c) on a competitive basis. 

16 ‘‘(ii) SUFFICIENT SIZE AND SCOPE.— 

17 In awarding grants on a competitive basis 

18 pursuant to clause (i), the Secretary shall 

19 ensure that grant awards are of sufficient 

20 size and scope to carry out required and 

21 approved activities under this section. 

22 ‘‘(c) ELIGIBILITY.—To be eligible to receive a grant 

23 under this section, a State shall demonstrate to the Sec24 retary that the State has— 


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1 ‘‘(1) established a statewide physical education 

2 requirement that is consistent with widely recognized 

3 standards; and 

4 ‘‘(2) required all local educational agencies in 

5 the State to— 

6 ‘‘(A) establish policies that prevent and 

7 prohibit harassment in schools; and 

8 ‘‘(B) provide— 

9 ‘‘(i) annual notice to parents, stu10 dents, and educational professionals de11 scribing the full range of prohibited con12 duct contained in such local educational 

13 agency’s discipline policies; and 

14 ‘‘(ii) grievance procedures for students 

15 or parents to register complaints regarding 

16 the prohibited conduct contained in such 

17 local educational agency’s discipline poli18 cies, including— 

19 ‘‘(I) the name of the local edu20 cational agency official who is des21 ignated as responsible for receiving 

22 such complaints; and 

23 ‘‘(II) timelines that the local edu24 cational agency will follow in the reso25 lution of such complaints. 


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1 ‘‘(d) APPLICATIONS.— 

2 ‘‘(1) IN GENERAL.—A State that desires to re3 ceive a grant under this section shall submit an ap4 plication at such time, in such manner, and con5 taining such information as the Secretary may re6 quire. 

7 ‘‘(2) CONTENT OF APPLICATION.—At a min8 imum, the application shall include— 

9 ‘‘(A) documentation of the State’s eligi10 bility to receive a grant under this section, as 

11 described in subsection (c); 

12 ‘‘(B) an assurance that the policies used to 

13 prohibit harassment in schools that are required 

14 under subsection (c)(2)(A) emphasize alter15 natives to school suspension that minimize stu16 dents’ removal from grade-level instruction, pro17 mote mental health, and only allow out-of18 school punishments in severe or persistent 

19 cases; 

20 ‘‘(C) a plan for improving conditions for 

21 learning in schools in the State in a manner 

22 consistent with the requirements of this part 

23 that may be a part of a broader statewide child 

24 and youth plan, if such a plan exists and is con25 sistent with the requirements of this part; 


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1 ‘‘(D) a needs analysis of the conditions for 

2 learning in schools in the State, which— 

3 ‘‘(i) shall include a description of, and 

4 data measuring, the State’s conditions for 

5 learning; and 

6 ‘‘(ii) may be a part of a broader state7 wide child and youth needs analysis, if 

8 such an analysis exists and is consistent 

9 with the requirements of this part; 

10 ‘‘(E) a description of how the activities the 

11 State proposes to implement with grant funds 

12 are responsive to the results of the needs anal13 ysis described in subparagraph (D); and 

14 ‘‘(F) a description of how the State will— 

15 ‘‘(i) develop, adopt, adapt, or improve 

16 and implement the State’s conditions for 

17 learning measurement system and how the 

18 State will ensure that all local educational 

19 agencies and schools in the State partici20 pate in such system; 

21 ‘‘(ii) ensure the quality and validity of 

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1 section (h)(2)(A) and for ensuring the reli2 ability and validity of survey instruments; 

3 ‘‘(iii) coordinate the proposed activi4 ties with other Federal and State pro5 grams, including programs funded under 

6 this part, which may include programs to 

7 expand learning time and for before- and 

8 after-school programming in order to pro9 vide sufficient time to carry out activities 

10 described in this part; 

11 ‘‘(iv) assist local educational agencies 

12 to align activities with funds the agencies 

13 receive under the program with other fund14 ing sources in order to support a coherent 

15 and nonduplicative program; 

16 ‘‘(v) solicit and approve subgrant ap17 plications, including how the State will— 

18 ‘‘(I) allocate funds for statewide 

19 activities and subgrants for each year 

20 of the grant, consistent with allocation 

21 requirements under subsection (i)(2); 

22 and 

23 ‘‘(II) consider the results of the 

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1 graph (D) in the State’s distribution 

2 of subgrants; 

3 ‘‘(vi) address the needs of diverse geo4 graphic areas in the State, including rural 

5 and urban communities; 

6 ‘‘(vii) provide assistance to local edu7 cational agencies and schools in their ef8 forts to prevent and appropriately respond 

9 to incidents of harassment, including build10 ing the capacity of such agencies and 

11 schools to educate family and community 

12 members regarding the agencies’ and 

13 schools’ respective roles in preventing and 

14 responding to such incidents; and 

15 ‘‘(viii) provide assistance to local edu16 cational agencies and schools in their ef17 forts to implement positive, preventative 

18 approaches to school discipline, such as 

19 schoolwide positive behavior supports and 

20 interventions and restorative justice, that 

21 improve student engagement while mini22 mizing students’ removal from instruction 

23 and reducing the frequency of discipline in24 fractions and disciplinary disparities 


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1 among the subgroups of students described 

2 in section 1116(b)(2)(B); 

3 ‘‘(ix) provide assistance to local edu4 cational agencies and schools in their ef5 forts to increase the provision of physical 

6 activity and physical education opportuni7 ties during the school day and implement 

8 programs to promote physical activity, edu9 cation, and fitness, and nutrition; and 

10 ‘‘(x) provide assistance to local edu11 cational agencies and schools in their ef12 forts to improve access to State-licensed or 

13 State-certified school counselors, school 

14 psychologists, and school social workers or 

15 other State-licensed or State–certified 

16 mental health professional qualified under 

17 State law to provide mental health services 

18 to students in schools. 

19 ‘‘(3) REVIEW PROCESS.—The Secretary shall 

20 establish a peer review process to review applications 

21 submitted under this subsection. 

22 ‘‘(e) DURATION.— 

23 ‘‘(1) IN GENERAL.—A State that receives a 

24 grant under this section may receive funding for not 


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1 more than 5 years in accordance with this sub2 section. 

3 ‘‘(2) INITIAL PERIOD.—The Secretary shall 

4 award grants under this section for an initial period 

5 of not more than 3 years. 

6 ‘‘(3) GRANT EXTENSION.—The Secretary may 

7 extend a grant awarded to a State under this section 

8 for not more than an additional 2 years if the State 

9 shows sufficient improvement, as determined by the 

10 Secretary, against baseline data for the performance 

11 metrics established under subsection (j). 

12 ‘‘(f) RESERVATION AND USE OF FUNDS.—A State 

13 that receives a grant under this section shall— 

14 ‘‘(1) reserve not more than 10 percent of the 

15 grant funds for administration of the program, tech16 nical assistance, and the development, improvement, 

17 and implementation of the State’s conditions for 

18 learning measurement system, as described in sub19 section (h); and 

20 ‘‘(2) use the remainder of grant funds after 

21 making the reservation under paragraph (1) to 

22 award subgrants, on a competitive basis, to eligible 

23 local applicants. 

24 ‘‘(g) REQUIRED STATE ACTIVITIES.—A State that 

25 receives a grant under this section shall— 


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1 ‘‘(1) not later than 1 year after receipt of the 

2 grant, develop, adapt, improve, or adopt and imple3 ment the statewide conditions for learning measure4 ment system described in subsection (h) (unless the 

5 State can demonstrate, to the satisfaction of the 

6 Secretary, that an appropriate system has already 

7 been implemented) that annually measures the 

8 State’s progress in the conditions for learning for 

9 every public school in the State; 

10 ‘‘(2) collect information in each year of the 

11 grant on the conditions for learning at the school12 building level through comprehensive needs assess13 ments of student, school staff, and family percep14 tions, experiences, and behaviors; 

15 ‘‘(3) collect annual incident data at the school16 building level that are accurate and complete; 

17 ‘‘(4) publicly report, at the local educational 

18 agency and school level, the data collected in the 

19 State’s conditions for learning measurement system, 

20 described in subsection (h), each year in a timely 

21 and highly accessible manner, and in a manner that 

22 does not reveal personally identifiable information; 

23 ‘‘(5) use, on a continuous basis, the results of 

24 the data collected in the State’s conditions for learn25 ing measurement system to— 


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1 ‘‘(A) identify and address conditions for 

2 learning statewide; 

3 ‘‘(B) help subgrantees identify and address 

4 school and student needs; and 

5 ‘‘(C) provide individualized assistance to 

6 low-performing schools identified under section 

7 1116 and schools with significant conditions for 

8 learning weaknesses; 

9 ‘‘(6) encourage local educational agencies to— 

10 ‘‘(A) integrate physical activity, education, 

11 and fitness into a range of subjects throughout 

12 the school day and locations within schools; 

13 ‘‘(B) encourage consultation with a variety 

14 of stakeholders, including families, students, 

15 school officials, and other organizations with 

16 wellness and physical activity, education, and 

17 fitness expertise; and 

18 ‘‘(C) regularly monitor schools’ efforts in 

19 improving wellness and physical activity, edu20 cation, and fitness understanding and habits 

21 among students; 

22 ‘‘(7) encourage local educational agencies to— 

23 ‘‘(A) integrate healthy eating and nutrition 

24 education into various times of the school day 

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1 sultation with a variety of stakeholders, includ2 ing families, students, school officials, and other 

3 organizations with nutrition education exper4 tise; and 

5 ‘‘(B) regularly monitor schools’ efforts in 

6 improving nutrition understanding and healthy 

7 eating among students; 

8 ‘‘(8) encourage local educational agencies to im9 plement programs that expand student access to 

10 State-licensed or State-certified school counselors, 

11 school psychologists, and school social workers or 

12 other State-licensed or State-certified mental health 

13 professional that are qualified under State law to 

14 provide mental health services to students in schools; 

15 ‘‘(9) award subgrants, consistent with sub16 section (i), to eligible local applicants; and 

17 ‘‘(10) monitor subgrants and provide technical 

18 assistance to subgrantees on the implementation of 

19 grant activities. 

20 ‘‘(h) CONDITIONS FOR LEARNING MEASUREMENT

21 SYSTEM.— 

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

23 grant under this part shall establish a State report24 ing and information system that measures conditions 

25 for learning in the State and is part of the State’s 


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1 system for reporting the data required under section 

2 1111 and part of any State longitudinal data system 

3 that links statewide elementary and secondary data 

4 systems with early childhood, postsecondary, and 

5 workforce data systems. 

6 ‘‘(2) SYSTEM ACTIVITIES.—The State reporting 

7 and information system described in paragraph (1) 

8 shall— 

9 ‘‘(A) contain, at a minimum, data from 

10 valid and reliable surveys of students and staff 

11 and the indicators in subparagraph (B) that 

12 allow staff at the State, local educational agen13 cies, and schools to examine and improve 

14 school-level conditions for learning; 

15 ‘‘(B) collect school-level data on— 

16 ‘‘(i) physical education indicators, as 

17 applicable; 

18 ‘‘(ii) individual student attendance 

19 and truancy; 

20 ‘‘(iii) in-school suspensions, out-of21 school suspensions, expulsions, referrals to 

22 law enforcement, school-based arrests, and 

23 disciplinary transfers (including place24 ments in alternative schools) by student; 


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1 ‘‘(iv) the frequency, seriousness, and 

2 incidence of violence and drug-related of3 fenses resulting in disciplinary action in el4 ementary schools and secondary schools in 

5 the State; 

6 ‘‘(v) the incidence and prevalence, age 

7 of onset, perception of and actual health 

8 risk, and perception of social disapproval 

9 of drug use and violence, including harass10 ment, by youth and school personnel in 

11 schools and communities; 

12 ‘‘(vi) school health indicators, includ13 ing acute and chronic physical, mental, 

14 and emotional health care needs; and 

15 ‘‘(vii) student access to State-licensed 

16 or State-certified school counselors, school 

17 psychologists, and school social workers or 

18 other State-licensed or State-certified men19 tal health professional qualified under 

20 State law to provide such services to stu21 dents in schools, including staff-to-student 

22 ratios; 

23 ‘‘(C) collect and report data, including, at 

24 a minimum, the data described in clauses (ii), 

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1 gate and disaggregated by the categories of 

2 race, ethnicity, gender, disability status, mi3 grant status, English proficiency, and status as 

4 economically disadvantaged, and cross-tabulated 

5 across all of such categories by gender and by 

6 disability; 

7 ‘‘(D) protect student privacy, consistent 

8 with applicable data privacy laws and regula9 tions, including section 444 of the General Edu10 cation Provisions Act (20 U.S.C. 1232g, com11 monly known as the ‘Family Educational 

12 Rights and Privacy Act of 1974’); and 

13 ‘‘(E) to the extent practicable, utilize a 

14 web-based reporting system. 

15 ‘‘(3) COMPILING STATISTICS.—In compiling the 

16 statistics required to measure conditions for learning 

17 in the State— 

18 ‘‘(A) the offenses described in paragraph 

19 (2)(B)(iv) shall be defined pursuant to the 

20 State’s criminal code, and aligned to the extent 

21 practicable, with the Federal Bureau of Inves22 tigation’s Uniform Crime Reports categories, 

23 but shall not identify victims of crimes or per24 sons accused of crimes; and the collected data 

25 shall include incident reports by school officials, 


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1 anonymous student surveys, and anonymous 

2 teacher surveys; 

3 ‘‘(B) the performance metrics that are es4 tablished under subsection (j) shall be collected 

5 and the performance on such metrics shall be 

6 defined and reported uniformly statewide; 

7 ‘‘(C) the State shall collect, analyze, and 

8 use the data under subparagraph (2)(B) at 

9 least annually; and 

10 ‘‘(D) grant recipients and subgrant recipi11 ents shall use the data for planning and contin12 uous improvement of activities implemented 

13 under this part, and may collect data for indi14 cators that are locally defined, and that are not 

15 reported to the State, to meet local needs (so 

16 long as such indicators are aligned with the 

17 conditions for learning). 

18 ‘‘(i) SUBGRANTS.— 

19 ‘‘(1) IN GENERAL.— 

20 ‘‘(A) AWARDING OF SUBGRANTS.—A State 

21 that receives a grant under this section shall 

22 award subgrants, on a competitive basis, to eli23 gible local applicants— 

24 ‘‘(i) based on need as identified by— 


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1 ‘‘(I) the State’s conditions for 

2 learning measurement system de3 scribed in subsection (h); or 

4 ‘‘(II) in the case of a State for 

5 which the learning measurement sys6 tem described in subsection (h) is not 

7 yet implemented, other data deter8 mined appropriate by the State; 

9 ‘‘(ii) that are of sufficient size and 

10 scope to enable the eligible local applicants 

11 to carry out approved activities; and 

12 ‘‘(iii) to implement programs that— 

13 ‘‘(I) are comprehensive in nature; 

14 ‘‘(II) are based on scientifically 

15 valid research; 

16 ‘‘(III) are consistent with achiev17 ing the conditions for learning for the 

18 State; and 

19 ‘‘(IV) address 1 or more of the 

20 uses described in clauses (i) through 

21 (iii) of paragraph (2)(A). 

22 ‘‘(B) ASSISTANCE.—A State that receives 

23 a grant under this section shall provide assist24 ance to subgrant applicants and recipients in 


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1 the selection of scientifically valid programs and 

2 interventions. 

3 ‘‘(C) PARTNERSHIPS ALLOWED.—An eligi4 ble local applicant may apply for a subgrant 

5 under this subsection in partnership with 1 or 

6 more community-based organizations. 

7 ‘‘(2) ALLOCATION.— 

8 ‘‘(A) IN GENERAL.—In awarding sub9 grants under this section, each State shall en10 sure that, for the aggregate of all subgrants 

11 awarded by the State— 

12 ‘‘(i) not less than 20 percent of 

13 subgrant funds are used to carry out drug 

14 and violence prevention; 

15 ‘‘(ii) not less than 20 percent of 

16 subgrant funds are used to carry out pro17 grams to promote mental health; and 

18 ‘‘(iii) not less than 20 percent of 

19 subgrant funds are used to carry out pro20 grams to promote physical activity, edu21 cation, and fitness, and nutrition. 

22 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 

23 in this paragraph shall be construed to require 

24 States, in making subgrants to eligible local ap25 plicants, to require the eligible local applicants 


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1 to use 20 percent of subgrant funds for each of 

2 the uses described in clauses (i) through (iii) of 

3 subparagraph (A). 

4 ‘‘(3) APPLICATIONS.—An eligible local applicant 

5 that desires to receive a subgrant under this sub6 section shall submit to the State an application at 

7 such time, in such manner, and containing such in8 formation as the State may require. 

9 ‘‘(4) PRIORITY.—In awarding subgrants under 

10 this subsection, a State shall give priority to applica11 tions that— 

12 ‘‘(A) demonstrate the greatest need, ac13 cording to the results of the State’s conditions 

14 for learning surveys described in subsection 

15 (h)(2); and 

16 ‘‘(B) propose to serve schools with the 

17 highest concentrations of poverty, based on the 

18 percentage of students receiving or are eligible 

19 to receive a free or reduced price lunch under 

20 the Richard B. Russell National School Lunch 

21 Act (42 U.S.C. 1751 et seq.). 

22 ‘‘(5) ACTIVITIES OF SUBGRANT RECIPIENTS.— 

23 Each recipient of a subgrant under this subsection 

24 shall, for the duration of the subgrant— 

25 ‘‘(A) carry out activities— 


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1 ‘‘(i) the need for which has been iden2 tified— 

3 ‘‘(I) at a minimum, through the 

4 State’s conditions for learning meas5 urement system described in sub6 section (h); or 

7 ‘‘(II) in the case of a State that 

8 has not yet implemented the learning 

9 measurement system described in sub10 section (h), through the State’s needs 

11 analysis described in subsection 

12 (d)(2)(D); and 

13 ‘‘(ii) that are part of a comprehensive 

14 strategy or framework to address such 

15 need; and 

16 ‘‘(iii) that include 1 or more of the 

17 following: 

18 ‘‘(I) Drug and violence preven19 tion. 

20 ‘‘(II) Programs to promote men21 tal health. 

22 ‘‘(III) Programs to promote 

23 physical activity, education, and fit24 ness, and nutrition; 


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1 ‘‘(B) ensure that each framework, inter2 vention, or program selected be based on sci3 entifically valid research and be used for the 

4 purpose for which such framework, interven5 tion, or program was found to be effective; 

6 ‘‘(C) use school-level data from the State’s 

7 conditions for learning measurement system de8 scribed in subsection (h), to inform the imple9 mentation and continuous improvement of ac10 tivities carried out under this part; 

11 ‘‘(D) use data from the statewide condi12 tions for learning measurement system to iden13 tify challenges outside of school or off school 

14 grounds (including the need for safe passages 

15 for students to and from school), and collabo16 rate with 1 or more community-based organiza17 tion to address such challenges; 

18 ‘‘(E) collect, and report to the State edu19 cational agency, data for schools served by the 

20 subgrant recipient, in a manner consistent with 

21 the State’s conditions for learning measurement 

22 system described in subsection (h); 

23 ‘‘(F) establish policies to expand access to 

24 quality physical activity opportunities, including 

25 local school wellness policies; 


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1 ‘‘(G) if the local educational agency to be 

2 served through the grant does not have an ac3 tive school wellness council consistent with the 

4 requirements of the Child Nutrition Act of 

5 1966 (42 U.S.C. 1771 et seq.), establish such 

6 a school wellness council, which may be part of 

7 an existing school council that has the capacity 

8 and willingness to address school wellness; 

9 ‘‘(H) engage family members and commu10 nity-based organizations in the development of 

11 conditions for learning surveys, and in the plan12 ning, implementation, and review of the 

13 subgrant recipient’s efforts under this part; 

14 ‘‘(I) consider and accommodate the unique 

15 needs of students with disabilities and English 

16 learners in implementing activities; and 

17 ‘‘(J) establish policies to expand access to 

18 quality counseling and mental health programs 

19 and services. 

20 ‘‘(j) ACCOUNTABILITY.— 

21 ‘‘(1) ESTABLISHMENT OF PERFORMANCE

22 METRICS.—The Secretary, acting through the Direc23 tor of the Institute of Education Sciences, shall es24 tablish program performance metrics to measure the 


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1 effectiveness of the activities carried out under this 

2 part. 

3 ‘‘(2) ANNUAL REPORT.—Each State that re4 ceives a grant under this part shall prepare and sub5 mit an annual report to the Secretary, which shall 

6 include information relevant to the conditions for 

7 learning, including progress toward meeting out8 comes for the metrics established under paragraph 

9 (1). 

10 ‘‘(k) EVALUATION.—From the amount reserved in 

11 accordance with section 9601, the Secretary, acting 

12 through the Director of the Institute of Education 

13 Sciences, shall conduct an evaluation of the impact of the 

14 practices funded or disseminated under this section. 

15 ‘‘SEC. 4405. TECHNICAL ASSISTANCE. 

16 ‘‘From the amount allocated under section 4403(3), 

17 the Secretary shall provide technical assistance to appli18 cants, recipients, and subgrant recipients of the programs 

19 funded under this part. 

20 ‘‘SEC. 4406. PROHIBITED USES OF FUNDS. 

21 ‘‘No funds appropriated under this part may be used 

22 to pay for— 

23 ‘‘(1) school resource officer or other security 

24 personnel salaries, metal detectors, security cameras, 


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1 or other security-related salaries, equipment, or ex2 penses; 

3 ‘‘(2) drug testing programs; or 

4 ‘‘(3) the development, establishment, implemen5 tation, or enforcement of zero-tolerance discipline 

6 policies, other than those expressly required under 

7 the Gun-Free Schools Act (20 U.S.C. 7151 et seq.). 

8 ‘‘SEC. 4407. FEDERAL AND STATE NONDISCRIMINATION 

9 LAWS. 

10 ‘‘Nothing in this part shall be construed to invalidate 

11 or limit nondiscrimination principles or rights, remedies, 

12 procedures, or legal standards available to victims of dis13 crimination under any other Federal law or law of a State 

14 or political subdivision of a State, including title VI of the 

15 Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title 

16 IX of the Education Amendments of 1972 (20 U.S.C. 

17 1681 et seq.), section 504 or 505 of the Rehabilitation 

18 Act of 1973 (29 U.S.C. 794 and 794a), or the Americans 

19 with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). 

20 The obligations imposed by this part are in addition to 

21 those imposed by title VI of the Civil Rights Act of 1964 

22 (42 U.S.C. 2000d et seq.), title IX of the Education 

23 Amendments of 1972 (20 U.S.C. 1681 et seq.), section 

24 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 


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1 and the Americans with Disabilities Act of 1990 (42 

2 U.S.C. 12101 et seq.).’’. 

3 SEC. 4106. STUDENT NON-DISCRIMINATION. 

4 Title IV (20 U.S.C. 7101 et seq.) is amended by in5 serting after part D, as added by section 4105 of this Act, 

6 the following: 

7 ‘‘PART E—STUDENT NON-DISCRIMINATION 

8 ‘‘SEC. 4501. SHORT TITLE. 

9 ‘‘This part may be cited as the ‘Student Non-Dis10 crimination Act of 2013’. 

11 ‘‘SEC. 4502. FINDINGS AND PURPOSES. 

12 ‘‘(a) FINDINGS.—The Congress finds the following: 

13 ‘‘(1) Public school students who are lesbian, 

14 gay, bisexual, or transgender (referred to in this 

15 part as ‘LGBT’), or are perceived to be LGBT, or 

16 who associate with LGBT people, have been and are 

17 subjected to pervasive discrimination, including har18 assment, bullying, intimidation, and violence, and 

19 have been deprived of equal educational opportuni20 ties, in schools in every part of the Nation. 

21 ‘‘(2) While discrimination of any kind is harm22 ful to students and to the education system, actions 

23 that target students based on sexual orientation or 

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1 lem that remains inadequately addressed by current 

2 Federal law. 

3 ‘‘(3) Numerous social science studies dem4 onstrate that discrimination at school has contrib5 uted to high rates of absenteeism, academic under6 achievement, dropping out, and adverse physical and 

7 mental health consequences among LGBT youth. 

8 ‘‘(4) When left unchecked, discrimination in 

9 schools based on sexual orientation or gender iden10 tity can lead, and has led, to life-threatening violence 

11 and to suicide. 

12 ‘‘(5) Public school students enjoy a variety of 

13 constitutional rights, including rights to equal pro14 tection, privacy, and free expression, which are in15 fringed when school officials engage in or fail to take 

16 prompt and effective action to stop discrimination on 

17 the basis of sexual orientation or gender identity. 

18 ‘‘(6) Provisions of Federal statutory law ex19 pressly prohibit discrimination on the basis of race, 

20 color, sex, religion, disability, and national origin. 

21 The Department of Education and the Department 

22 of Justice, as well as numerous courts, have cor23 rectly interpreted the prohibitions on sex discrimina24 tion to include discrimination based on sex stereo25 types and gender identity, even when that sex-based 


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1 discrimination coincides or overlaps with discrimina2 tion based on sexual orientation. However, the ab3 sence of express Federal law prohibitions on dis4 crimination on the basis of sexual orientation and 

5 gender identity has created unnecessary uncertainty 

6 that risks limiting access to legal remedies under 

7 Federal law for LGBT students and their parents. 

8 ‘‘(b) PURPOSES.—The purposes of this part are— 

9 ‘‘(1) to ensure that all students have access to 

10 public education in a safe environment free from dis11 crimination, including harassment, bullying, intimi12 dation, and violence, on the basis of sexual orienta13 tion or gender identity; 

14 ‘‘(2) to provide a comprehensive Federal prohi15 bition of discrimination in public schools based on 

16 actual or perceived sexual orientation or gender 

17 identity; 

18 ‘‘(3) to provide meaningful and effective rem19 edies for discrimination in public schools based on 

20 actual or perceived sexual orientation or gender 

21 identity; 

22 ‘‘(4) to invoke congressional powers, including 

23 the power to enforce the 14th Amendment to the 

24 Constitution and to provide for the general welfare 

25 pursuant to section 8 of article I of the Constitution 


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1 and the power to make all laws necessary and proper 

2 for the execution of the foregoing powers pursuant 

3 to section 8 of article I of the Constitution, in order 

4 to prohibit discrimination in public schools on the 

5 basis of sexual orientation or gender identity; and 

6 ‘‘(5) to allow the Department of Education and 

7 the Department of Justice to effectively combat dis8 crimination based on sexual orientation and gender 

9 identity in public schools, through regulation and en10 forcement, as the Departments have issued regula11 tions under and enforced title IX of the Education 

12 Amendments of 1972 and other nondiscrimination 

13 laws in a manner that effectively addresses discrimi14 nation. 

15 ‘‘SEC. 4503. DEFINITIONS AND RULE. 

16 ‘‘(a) DEFINITIONS.—For purposes of this part: 

17 ‘‘(1) EDUCATIONAL AGENCY.—The term ‘edu18 cational agency’ means a local educational agency, 

19 an educational service agency, and a State edu20 cational agency, as those terms are defined in sec21 tion 9101. 

22 ‘‘(2) GENDER IDENTITY.—The term ‘gender 

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1 teristics of an individual, with or without regard to 

2 the individual’s designated sex at birth. 

3 ‘‘(3) HARASSMENT.—The term ‘harassment’ 

4 means conduct, including bullying, that is suffi5 ciently severe, persistent, or pervasive to limit or 

6 interfere with a student’s ability to participate in or 

7 benefit from a program or activity of a public school 

8 or educational agency, including acts of verbal, non9 verbal, or physical aggression, intimidation, or hos10 tility, and communications made available through 

11 electronic means, if such conduct is based on— 

12 ‘‘(A) a student’s actual or perceived sexual 

13 orientation or gender identity; or 

14 ‘‘(B) the actual or perceived sexual ori15 entation or gender identity of a person with 

16 whom a student associates or has associated. 

17 ‘‘(4) PROGRAM OR ACTIVITY.—The terms ‘pro18 gram or activity’ and ‘program’ have the same 

19 meanings given such terms as applied under section 

20 606 of the Civil Rights Act of 1964 (42 U.S.C. 

21 2000d–4a) to the operations of public entities under 

22 paragraph (2)(B) of such section. 

23 ‘‘(5) PUBLIC SCHOOL.—The term ‘public 

24 school’ means an elementary school (as the term is 

25 defined in section 9101) that is a public institution, 


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1 and a secondary school (as so defined) that is a pub2 lic institution. 

3 ‘‘(6) SEXUAL ORIENTATION.—The term ‘sexual 

4 orientation’ means homosexuality, heterosexuality, or 

5 bisexuality. 

6 ‘‘(7) STUDENT.—The term ‘student’ means an 

7 individual within the age limits for which the State 

8 provides free public education who is enrolled in a 

9 public school or who, regardless of official enroll10 ment status, attends classes or participates in the 

11 programs or activities of a public school or local edu12 cational agency. 

13 ‘‘(b) RULE.—Consistent with Federal law, in this 

14 part the term ‘includes’ means ‘includes but is not limited 

15 to’. 

16 ‘‘SEC. 4504. PROHIBITION AGAINST DISCRIMINATION. 

17 ‘‘(a) IN GENERAL.—No student shall, on the basis 

18 of actual or perceived sexual orientation or gender identity 

19 of such individual or of a person with whom the student 

20 associates or has associated, be excluded from participa21 tion in, be denied the benefits of, or be subjected to dis22 crimination under any program or activity if any part of 

23 the program or activity receives Federal financial assist24 ance. 


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1 ‘‘(b) HARASSMENT.—For purposes of this part, dis2 crimination includes harassment of a student on the basis 

3 of actual or perceived sexual orientation or gender identity 

4 of such student or of a person with whom the student as5 sociates or has associated. 

6 ‘‘(c) RETALIATION PROHIBITED.— 

7 ‘‘(1) PROHIBITION.—No person shall be ex8 cluded from participation in, be denied the benefits 

9 of, or be subjected to discrimination, retaliation, or 

10 reprisal under any program or activity receiving 

11 Federal financial assistance based on the person’s 

12 opposition to conduct made unlawful by this part. 

13 ‘‘(2) DEFINITION.—For purposes of this sub14 section, ‘opposition to conduct made unlawful by this 

15 part’ includes— 

16 ‘‘(A) opposition to conduct believed to be 

17 made unlawful by this part or conduct that 

18 could be believed to become unlawful under this 

19 part if allowed to continue; 

20 ‘‘(B) any formal or informal report, wheth21 er oral or written, to any governmental entity, 

22 including public schools and educational agen23 cies and employees of the public schools or edu24 cational agencies, regarding conduct made un25 lawful by this part, conduct believed to be made 


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1 unlawful by this part, or conduct that could be 

2 believed to become unlawful under this part if 

3 allowed to continue; 

4 ‘‘(C) participation in any investigation, 

5 proceeding, or hearing related to conduct made 

6 unlawful by this part, conduct believed to be 

7 made unlawful by this part, or conduct that 

8 could be believed to become unlawful under this 

9 part if allowed to continue; and 

10 ‘‘(D) assistance or encouragement provided 

11 to any other person in the exercise or enjoy12 ment of any right granted or protected by this 

13 part, 

14 if in the course of that opposition to conduct made 

15 unlawful by this part, the person involved does not 

16 purposefully provide information known to be mate17 rially false to any public school or educational agen18 cy or other governmental entity regarding conduct 

19 made unlawful by this part, or conduct believed to 

20 be made unlawful by this part, or conduct that could 

21 be believed to become unlawful under this part if al22 lowed to continue. 


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1 ‘‘SEC. 4505. FEDERAL ADMINISTRATIVE ENFORCEMENT; RE2 PORT TO CONGRESSIONAL COMMITTEES. 

3 ‘‘(a) REQUIREMENTS.—Each Federal department 

4 and agency which is empowered to extend Federal finan5 cial assistance to any education program or activity, by 

6 way of grant, loan, or contract other than a contract of 

7 insurance or guaranty, is authorized and directed to effec8 tuate the provisions of section 4504 with respect to such 

9 program or activity by issuing rules, regulations, or orders 

10 of general applicability which shall be consistent with 

11 achievement of the objectives of the statute authorizing 

12 the financial assistance in connection with which the ac13 tion is taken. No such rule, regulation, or order shall be14 come effective unless and until approved by the President. 

15 ‘‘(b) ENFORCEMENT.—Compliance with any require16 ment adopted pursuant to this section may be effected— 

17 ‘‘(1) by the termination of or refusal to grant 

18 or to continue assistance under such program or ac19 tivity to any recipient as to whom there has been an 

20 express finding on the record, after opportunity for 

21 hearing, of a failure to comply with such require22 ment, but such termination or refusal shall be lim23 ited to the particular political entity, or part thereof, 

24 or other recipient as to whom such a finding has 

25 been made, and shall be limited in its effect to the 


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1 particular program, or part thereof, in which such 

2 noncompliance has been so found; or 

3 ‘‘(2) by any other means authorized by law, 

4 except that no such action shall be taken until the depart5 ment or agency concerned has advised the appropriate per6 son or persons of the failure to comply with the require7 ment and has determined that compliance cannot be se8 cured by voluntary means. 

9 ‘‘(c) REPORTS.—In the case of any action termi10 nating, or refusing to grant or continue, assistance be11 cause of failure to comply with a requirement imposed 

12 pursuant to this section, the head of the Federal depart13 ment or agency shall file with the committees of the House 

14 of Representatives and Senate having legislative jurisdic15 tion over the program or activity involved a full written 

16 report of the circumstances and the grounds for such ac17 tion. No such action shall become effective until 30 days 

18 have elapsed after the filing of such report. 

19 ‘‘SEC. 4506. PRIVATE CAUSE OF ACTION. 

20 ‘‘(a) PRIVATE CAUSE OF ACTION.—Subject to sub21 section (c), and consistent with the cause of action recog22 nized under title VI of the Civil Rights Act of 1964 (42 

23 U.S.C. 2000d et seq.) and title IX of the Education 

24 Amendments of 1972 (20 U.S.C. 1681 et seq.), and their 

25 implementing regulations, an aggrieved person may bring 


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1 an action in a court of competent jurisdiction, asserting 

2 a violation of this part or the requirements adopted to ef3 fectuate this part. Aggrieved persons may be awarded all 

4 appropriate relief, including equitable relief, compensatory 

5 damages, and costs of the action. 

6 ‘‘(b) RULE OF CONSTRUCTION.—This section shall 

7 not be construed to preclude an aggrieved person from ob8 taining remedies under any other provision of law or to 

9 require such person to exhaust any administrative com10 plaint process or notice of claim requirement before seek11 ing redress under this section. 

12 ‘‘(c) STATUTE OF LIMITATIONS.—For actions 

13 brought pursuant to this section, the statute of limitations 

14 period shall be determined in accordance with section 

15 1658(a) of title 28, United States Code. The tolling of 

16 any such limitations period shall be determined in accord17 ance with the law governing actions under section 1979 

18 of the Revised Statutes (42 U.S.C. 1983) in the State in 

19 which the action is brought. 

20 ‘‘SEC. 4507. CAUSE OF ACTION BY THE ATTORNEY GEN21 ERAL. 

22 ‘‘The Attorney General is authorized to institute for 

23 or in the name of the United States a civil action for a 

24 violation of this part or the requirements adopted to effec25 tuate this part in any appropriate district court of the 


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1 United States against such parties and for such relief as 

2 may be appropriate, including equitable relief and compen3 satory damages. Whenever a civil action is instituted for 

4 a violation of this part, or the requirements adopted to 

5 effectuate this part, the Attorney General may intervene 

6 in such action upon timely application and shall be entitled 

7 to the same relief as if the Attorney General had instituted 

8 the action. Nothing in this part shall adversely affect the 

9 right of any person to sue or obtain relief in any court 

10 for any activity that violates this part, including require11 ments adopted to effectuate this part. 

12 ‘‘SEC. 4508. STATE IMMUNITY. 

13 ‘‘(a) STATE IMMUNITY.—A State shall not be im14 mune under the 11th Amendment to the Constitution 

15 from suit in Federal court for a violation of this part or 

16 the requirements adopted to effectuate this part. 

17 ‘‘(b) WAIVER.—An educational agency’s, including a 

18 State educational agency’s, receipt or use of Federal fi19 nancial assistance shall constitute a waiver of sovereign 

20 immunity, under the 11th Amendment or otherwise, to a 

21 suit brought by an aggrieved person for a violation of sec22 tion 4504 or the requirements adopted to effectuate sec23 tion 4504. 

24 ‘‘(c) REMEDIES.—In a suit against a State for a vio25 lation of this part, remedies (including remedies both at 


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1 law and in equity) are available for such a violation to 

2 the same extent as such remedies are available for such 

3 a violation in the suit against any public or private entity 

4 other than a State. 

5 ‘‘SEC. 4509. ATTORNEY’S FEES. 

6 ‘‘Section 722(b) of the Revised Statutes (42 U.S.C. 

7 1988(b)) is amended by inserting ‘the Student Non-Dis8 crimination Act of 2013,’ after ‘Religious Land Use and 

9 Institutionalized Persons Act of 2000,’. 

10 ‘‘SEC. 4510. EFFECT ON OTHER LAWS. 

11 ‘‘(a) FEDERAL AND STATE NONDISCRIMINATION

12 LAWS.—Nothing in this part or the requirements adopted 

13 to effectuate this part shall be construed to preempt, inval14 idate, or limit rights, remedies, procedures, or legal stand15 ards available to victims of discrimination or retaliation, 

16 under any other Federal law or law of a State or political 

17 subdivision of a State, including titles IV and VI of the 

18 Civil Rights Act of 1964 (42 U.S.C. 2000c et seq., 2000d 

19 et seq.), title IX of the Education Amendments of 1972 

20 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation 

21 Act of 1973 (29 U.S.C. 794), the Americans with Disabil22 ities Act of 1990 (42 U.S.C. 12101 et seq.), or section 

23 1979 of the Revised Statutes (42 U.S.C. 1983). The obli24 gations imposed by this part are in addition to those im25 posed by titles IV and VI of the Civil Rights Act of 1964 


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1 (42 U.S.C. 2000c et seq., 2000d et seq.), title IX of the 

2 Education Amendments of 1972 (20 U.S.C. 1681 et seq.), 

3 section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 

4 794), the Americans with Disabilities Act of 1990 (42 

5 U.S.C. 12101 et seq.), and section 1979 of the Revised 

6 Statutes (42 U.S.C. 1983). 

7 ‘‘(b) FREE SPEECH AND EXPRESSION LAWS AND RE8 LIGIOUS STUDENT GROUPS.—Nothing in this part shall 

9 be construed to alter legal standards regarding, or affect 

10 the rights available to individuals or groups under, other 

11 Federal laws that establish protections for freedom of 

12 speech and expression, such as legal standards and rights 

13 available to religious and other student groups under the 

14 First Amendment and the Equal Access Act (20 U.S.C. 

15 4071 et seq.). 

16 ‘‘SEC. 4511. SEVERABILITY. 

17 ‘‘If any provision of this part, or any application of 

18 such provision to any person or circumstance, is held to 

19 be unconstitutional, the remainder of this part, and the 

20 application of the provision to any other person or cir21 cumstance shall not be impacted. 

22 ‘‘SEC. 4512. EFFECTIVE DATE. 

23 ‘‘This part shall take effect 60 days after the date 

24 of enactment of the Student Non-Discrimination Act of 


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1 2013 and shall not apply to conduct occurring before the 

2 effective date of this part.’’. 

3 SEC. 4107. 21ST CENTURY COMMUNITY LEARNING CEN4 TERS. 

5 Part F of title IV, as redesignated by section 4103(a) 

6 of this Act, is amended— 

7 (1) in section 4601, as redesignated by section 

8 4103(a) of this Act— 

9 (A) in subsection (a)— 

10 (i) in the matter preceding paragraph 

11 (1)— 

12 (I) by striking ‘‘to provide’’ and 

13 inserting ‘‘to assist States in pro14 viding’’; and 

15 (II) by striking ‘‘communities’’ 

16 and inserting ‘‘eligible entities’’; 

17 (ii) in paragraph (1)— 

18 (I) by inserting ‘‘students with 

19 before school, after school, or summer 

20 learning’’ after provide; 

21 (II) by striking ‘‘, particularly 

22 students’’; and 

23 (III) by striking the comma after 

24 ‘‘low-performing schools’’; 

25 (iii) in paragraph (2)— 


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1 (I) by inserting ‘‘who attend low2 performing schools’’ after ‘‘offer stu3 dents’’; and 

4 (II) by striking ‘‘and’’ after the 

5 semicolon; and 

6 (iv) by striking paragraph (3) and in7 serting the following: 

8 ‘‘(3) significantly increase the number of hours 

9 in a regular school day, week, or year in order to 

10 provide students with additional time for academic 

11 work and for additional subjects and enrichment ac12 tivities that increase student achievement and en13 gagement; and 

14 ‘‘(4) comprehensively redesign and implement 

15 an expanded school day, expanded school week, or 

16 expanded school year schedule for all students in a 

17 high-need school, to provide additional time for— 

18 ‘‘(A) instruction in core academic subjects; 

19 ‘‘(B) instruction in additional subjects and 

20 enrichment activities; and 

21 ‘‘(C) teachers and staff to collaborate, 

22 plan, and engage in professional development 

23 within and across grades and subjects.’’; and 

24 (B) in subsection (b)— 

25 (i) in paragraph (1)— 


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1 (I) in the matter preceding sub2 paragraph (A), by striking ‘‘that—’’ 

3 and inserting ‘‘that provides 1 or 

4 more of the following:’’; 

5 (II) in subparagraph (A)— 

6 (aa) by striking ‘‘assists’’ 

7 and inserting ‘‘Before school, 

8 after school, or summer learning 

9 programs that assist’’; 

10 (bb) by striking ‘‘(such as 

11 before and after school or during 

12 summer recess)’’ after ‘‘not in 

13 session’’; and 

14 (cc) by striking ‘‘; and’’ and 

15 inserting a period; and 

16 (III) by striking subparagraph 

17 (B) and inserting the following: 

18 ‘‘(B) Expanded learning time programs 

19 that significantly increase the total number of 

20 hours in a regular school day, week, or year, in 

21 order to provide students with the greatest aca22 demic needs with— 

23 ‘‘(i) additional time to participate in 

24 academic activities that— 


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1 ‘‘(I) are aligned with the instruc2 tion that such students receive during 

3 the regular school day; and 

4 ‘‘(II) are targeted to the aca5 demic needs of such students; and 

6 ‘‘(ii) time to engage in enrichment 

7 and other activities that complement the 

8 academic program and contribute to a 

9 well-rounded education, which may include 

10 music and the arts, physical education, and 

11 experiential and work-based learning op12 portunities. 

13 ‘‘(C) Expanded learning time initiatives 

14 that use an expanded school day, expanded 

15 school week, or expanded school year schedule 

16 to increase the total number of school hours for 

17 the school year at a high-need school by not less 

18 than 300 hours and redesign the school’s pro19 gram in a manner that includes additional 

20 time— 

21 ‘‘(i) for academic work, and to sup22 port innovation in teaching, in order to im23 prove the proficiency of participating stu24 dents, particularly struggling students, in 

25 core academic subjects; 


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1 ‘‘(ii) to advance student learning for 

2 all students in all grades; 

3 ‘‘(iii) for additional subjects and en4 richment activities that contribute to a 

5 well-rounded education, which may include 

6 music and the arts, physical education, and 

7 experiential and work-based learning op8 portunities; and 

9 ‘‘(iv) for teachers to engage in collabo10 ration and professional planning, within 

11 and across grades and subjects.’’; 

12 (ii) by striking paragraphs (2) and (3) 

13 and inserting the following: 

14 ‘‘(2) ELIGIBLE ENTITY.— 

15 ‘‘(A) IN GENERAL.—The term ‘eligible en16 tity’ means a partnership of— 

17 ‘‘(i) 1 or more high-need local edu18 cational agencies in partnership with 1 or 

19 more public entities or nonprofit organiza20 tions with a demonstrated record of suc21 cess in designing and implementing before 

22 school, after school, summer learning, or 

23 expanded learning time activities; or 

24 ‘‘(ii) 1 or more public entities or non25 profit organizations with a demonstrated 


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1 record of success in designing and imple2 menting before school, after school, sum3 mer learning, or expanded learning time 

4 activities, in partnership with 1 or more 

5 high-need local educational agencies. 

6 ‘‘(B) SPECIAL RULE.—A State educational 

7 agency shall deem a rural local educational 

8 agency applying for a grant under section 4604 

9 without a partnering public or nonprofit entity 

10 to be an eligible entity if the rural local edu11 cational agency demonstrates that such agency 

12 is unable to partner with a public or nonprofit 

13 organization in reasonable geographic proximity 

14 or of sufficient quality to meet the requirements 

15 of this part.’’; and 

16 (iii) by redesignating paragraph (4) as 

17 paragraph (3); 

18 (2) in section 4602, as redesignated by section 

19 4103(a) of this Act— 

20 (A) in subsection (a)— 

21 (i) by striking ‘‘under section 4206’’ 

22 and inserting ‘‘to carry out this part’’; 

23 (ii) by striking paragraph (1); 


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1 (iii) by redesignating paragraphs (2) 

2 and (3) as paragraphs (1) and (2), respec3 tively; and 

4 (iv) in paragraph (2), as redesignated 

5 by clause (iii), by striking ‘‘Bureau of In6 dian Affairs’’ and inserting ‘‘Bureau of In7 dian Education’’; 

8 (B) in subsection (b)(1), by striking 

9 ‘‘under section 4206’’ and inserting ‘‘to carry 

10 out this part’’; and 

11 (C) in subsection (c)— 

12 (i) in paragraph (1), by striking 

13 ‘‘4204’’ and inserting ‘‘4604’’; 

14 (ii) in paragraph (2)— 

15 (I) in subparagraph (B)— 

16 (aa) by striking ‘‘responsible 

17 for administering youth develop18 ment programs and adult learn19 ing activities’’ and inserting ‘‘as 

20 applicable’’; and 

21 (bb) by striking ‘‘4204(b)’’ 

22 and inserting ‘‘4604(b)’’; and 

23 (II) by striking the undesignated 

24 matter following subparagraph (B) 

25 and inserting the following: 


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1 ‘‘(C) supervising the awarding of funds to 

2 eligible entities (in consultation with the Gov3 ernor and other State agencies responsible for 

4 administering youth development programs and 

5 adult learning activities).’’; and 

6 (iii) in paragraph (3)— 

7 (I) in subparagraph (A)— 

8 (aa) by inserting ‘‘com9 prehensive’’ after ‘‘Monitoring 

10 and’’; and 

11 (bb) by inserting ‘‘(directly, 

12 or through a grant or contract) 

13 of the effectiveness’’ after ‘‘eval14 uation’’; 

15 (II) by striking subparagraph (B) 

16 and inserting the following: 

17 ‘‘(B) Providing capacity building, training, 

18 professional development, and technical assist19 ance under this part to eligible entities, relating 

20 to activities such as— 

21 ‘‘(i) coordinating activities carried out 

22 under this part with other Federal, State, 

23 and local programs so as to implement 

24 high-quality programs; and 


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1 ‘‘(ii) aligning activities carried out 

2 under this part with State academic con3 tent standards.’’; and 

4 (III) by striking subparagraphs 

5 (C) and (D); 

6 (3) in section 4603(a), as redesignated by sec7 tion 4103(a) of this Act— 

8 (A) in the matter preceding paragraph (1), 

9 by striking ‘‘4202’’ and inserting ‘‘4602’’; 

10 (B) in paragraph (3), by striking ‘‘serve— 

11 ’’ through ‘‘subparagraph (A)’’ and inserting 

12 ‘‘serve students who primarily attend high-need 

13 schools and schools that are identified through 

14 a State’s accountability and improvement sys15 tem under subsection (b) or (c)(2) of section 

16 1116’’; 

17 (C) in paragraph (4)— 

18 (i) by inserting ‘‘the State’s rigorous, 

19 high-quality competition for grants under 

20 section 4204, including’’ after ‘‘describes’’; 

21 and 

22 (ii) by striking ‘‘, which shall include’’ 

23 through ‘‘standards’’; 

24 (D) by striking paragraph (5) and insert25 ing the following: 


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1 ‘‘(5) describes how the State educational agency 

2 will ensure that awards made under this part are of 

3 sufficient size and scope to support high-quality, ef4 fective programs that are consistent with the pur5 pose of this part;’’; 

6 (E) by striking paragraph (7) and insert7 ing the following: 

8 ‘‘(7) describes how the State educational agency 

9 will assist eligible entities in coordinating funds re10 ceived through the grant with other funding 

11 streams, in order to support a coherent and sustain12 able approach to funding and implementing pro13 grams and activities under this part and other pro14 grams under this Act;’’; 

15 (F) in paragraph (8)(A), by striking ‘‘not 

16 less than 3 years and not more than 5 years’’ 

17 and inserting ‘‘not more than 3 years, and may 

18 extend a grant for an additional period of not 

19 more than 2 years if the eligible entity is 

20 achieving the intended outcomes of the grant’’; 

21 (G) in paragraph (10)— 

22 (i) by inserting ‘‘, if any,’’ after 

23 ‘‘transportation needs’’; and 

24 (ii) by striking ‘‘4204(b)’’ and insert25 ing ‘‘4604(b)’’; 


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1 (H) in paragraph (11), by striking ‘‘before 

2 and after school (or summer school) programs, 

3 the heads of the State health and mental health 

4 agencies or their designees,’’ and inserting ‘‘be5 fore school, after school, summer learning, and 

6 expanded learning time programs and initia7 tives,’’; 

8 (I) in paragraph (12), by striking ‘‘before 

9 and after school’’ and inserting ‘‘before school, 

10 after school, summer learning, and expanded 

11 learning time’’; 

12 (J) in paragraph (13)— 

13 (i) in the matter preceding subpara14 graph (A), by inserting ‘‘, on a regular 

15 basis, and not less than every 3 years after 

16 the receipt of the grant’’ after ‘‘will evalu17 ate’’; 

18 (ii) by striking subparagraph (A) and 

19 inserting the following: 

20 ‘‘(A) a description of the benchmarks and 

21 performance goals that will be used to hold eli22 gible entities accountable and to determine 

23 whether to provide eligible entities receiving a 

24 grant under section 4604 with an additional 2- 


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1 year period of grant funding after the initial 3- 

2 year grant; and’’; and 

3 (iii) in subparagraph (B), by striking 

4 ‘‘and’’ after the semicolon; 

5 (K) in paragraph (14), by striking the pe6 riod at the end and inserting ‘‘; and’’; and 

7 (L) by adding at the end the following: 

8 ‘‘(15) contains an assurance that each eligible 

9 entity that applies for an award under section 4604 

10 shall have the flexibility to apply for funds to carry 

11 out programs described in subparagraph (A), (B), or 

12 (C) of section 4601(b)(1).’’; 

13 (4) in section 4604, as redesignated by section 

14 4103(a) of this Act— 

15 (A) in subsection (a), by striking 

16 ‘‘4202(c)(1)’’ and inserting ‘‘4602(c)(1)’’; 

17 (B) in subsection (b)(2)— 

18 (i) by striking subparagraph (A) and 

19 inserting the following: 

20 ‘‘(A) a description of the before school, 

21 after school, summer learning, or expanded 

22 learning time activities to be funded, includ23 ing— 


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1 ‘‘(i) evidence that research-based 

2 strategies for student achievement and en3 gagement will be utilized in the program; 

4 ‘‘(ii) as applicable, an explanation of 

5 how the program will offer students— 

6 ‘‘(I) academic instruction that is 

7 aligned with the academic needs of 

8 the students, including English learn9 ers and students with disabilities; and 

10 ‘‘(II) engaging enrichment activi11 ties that are aligned with the develop12 mental needs and interests of the stu13 dents, and that contribute to a well14 rounded education; 

15 ‘‘(iii) an assurance that the program 

16 will take place in a safe learning environ17 ment and an easily accessible facility; 

18 ‘‘(iv) if applicable, a description of 

19 how students participating in the program 

20 will travel safely to and from home; and 

21 ‘‘(v) a description of how the eligible 

22 entity will disseminate information about 

23 the program to the community in a man24 ner that is understandable and acces25 sible;’’; 


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1 (ii) in subparagraph (B)— 

2 (I) by striking ‘‘activity’’ and in3 serting ‘‘program’’; and 

4 (II) by adding at the end ‘‘and 

5 help keep students on a path to make 

6 sufficient academic growth’’; 

7 (iii) by striking subparagraphs (L) 

8 and (M); 

9 (iv) by striking subparagraph (E) and 

10 inserting the following: 

11 ‘‘(E) as applicable, an explanation of how 

12 the program will offer students— 

13 ‘‘(i) academic instruction that is 

14 aligned with the academic needs of the stu15 dents; and 

16 ‘‘(ii) engaging enrichment activities 

17 that are aligned with the developmental 

18 needs and interests of the students, and 

19 that contribute to a well-rounded edu20 cation;’’; 

21 (v) in subparagraph (F), by striking 

22 ‘‘schools eligible’’ and all that follows 

23 through ‘‘such students’’ and inserting 

24 ‘‘high-need schools and schools that are 

25 identified through a State’s accountability 


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1 and improvement system under subsections 

2 (b) or (c)(2) of section 1116’’; 

3 (vi) by striking subparagraph (H) and 

4 inserting the following: 

5 ‘‘(H) a description of the capacity of the 

6 eligible entity partners described in section 

7 4601(b)(2)(A)(ii) to successfully implement the 

8 program, including the quality and experience 

9 of the management team of such partners;’’; 

10 (vii) in subparagraph (I)— 

11 (I) by striking ‘‘in the center’’; 

12 and 

13 (II) by striking ‘‘(including the 

14 needs of working families)’’; 

15 (viii) by striking subparagraph (J) 

16 and inserting the following: 

17 ‘‘(J) a description of the education and 

18 training activities that program staff and teach19 ers, as applicable, have received or will receive 

20 to effectively administer the proposed pro21 gram;’’; and 

22 (ix) by redesignating subparagraph 

23 (N) as subparagraph (L); 

24 (C) by striking subsections (d) and (h) and 

25 redesignating subsections (e) through (g) and 


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1 (i) as subsections (d) through (f) and (g), re2 spectively; 

3 (D) in subsection (f), as redesignated by 

4 subparagraph (C), by striking ‘‘not less than 3 

5 years and not more than 5 years’’ and inserting 

6 ‘‘not more than 3 years, and may be extended 

7 for an additional period of not more than 2 

8 years, if an eligible entity is achieving the in9 tended outcomes of the grant’’; 

10 (E) by striking subsection (g), as redesig11 nated by subparagraph (C), and inserting the 

12 following: 

13 ‘‘(g) PRIORITY.— 

14 ‘‘(1) IN GENERAL.—In awarding grants under 

15 this part, a State educational agency shall give pri16 ority to high-quality applications that— 

17 ‘‘(A) are based on strong research evidence 

18 for improving student learning, as measured by 

19 student achievement and other measures of stu20 dent learning and development that are appro21 priate for, and aligned to, the program’s goals 

22 and design; 

23 ‘‘(B) propose to serve the highest percent24 age of students from low-income families; 


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1 ‘‘(C) include a partnership agreement, 

2 signed by each partner of the eligible entity, 

3 that— 

4 ‘‘(i) shows that the staff of each part5 ner are committed to work collaboratively 

6 to implement the proposed activities, in7 cluding through coordinated planning, col8 laborative implementation, and joint pro9 fessional development and training oppor10 tunities; 

11 ‘‘(ii) sets clear expectations, including 

12 measurable goals for each partner; 

13 ‘‘(iii) requires the collection and re14 porting of data about the outcomes of pro15 grams funded under this part, in order to 

16 monitor progress toward achieving such 

17 goals and inform implementation; and 

18 ‘‘(iv) specifies how student informa19 tion will be shared to advance the goals of 

20 the proposed program and activities, in21 cluding student academic achievement and 

22 engagement data, as appropriate and in 

23 accordance with Federal, State, and local 

24 laws; and 


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1 ‘‘(D) are submitted by eligible entities that 

2 will provide matching funds to carry out the ac3 tivities supported by the grant, as described in 

4 paragraph (2). 

5 ‘‘(2) MATCHING FUNDS.— 

6 ‘‘(A) AMOUNT OF MATCHING FUNDS.—In 

7 awarding grants under this section, a State 

8 educational agency shall give priority to applica9 tions from eligible entities that, in addition to 

10 meeting the requirements of paragraph (1), 

11 provide matching funds in an amount not less 

12 than— 

13 ‘‘(i) for the first year of an initial 

14 grant under this section, 10 percent of the 

15 cost of the activities; 

16 ‘‘(ii) for the second year of such 

17 grant, 20 percent of the cost of the activi18 ties; 

19 ‘‘(iii) for the third year of such grant, 

20 and for the first year of a subsequent 

21 grant under this section, 30 percent of the 

22 cost of the activities; and 

23 ‘‘(iv) for the second or any succeeding 

24 year of such subsequent grant, 40 percent 

25 of the cost of the activities. 


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1 ‘‘(B) CASH OR IN-KIND.—The eligible enti2 ty may provide the matching funds described in 

3 subparagraph (A) in cash or in-kind, fairly eval4 uated, including plant, equipment, or services, 

5 but may not provide more than 50 percent of 

6 the matching funds in-kind. 

7 ‘‘(C) WAIVER.—A State educational agen8 cy may waive all or part of the matching re9 quirement for priority described in this para10 graph, on a case-by-case basis, upon a showing 

11 of serious financial hardship.’’; and 

12 (F) by adding at the end the following: 

13 ‘‘(h) SPECIAL RULE.—In implementing 21st Century 

14 Community Learning Centers, the Department shall not 

15 give priority to, show preference for, or provide direction 

16 about whether communities use 21st Century Community 

17 Learning Centers funds for eligible entities described in 

18 subparagraph (A), (B), or (C) of section 4601(b)(1).’’; 

19 (5) in section 4605, as redesignated by section 

20 4103(a) of this Act— 

21 (A) in subsection (a)— 

22 (i) in the matter preceding paragraph 

23 (1), by striking ‘‘before and after school 

24 activities (including during summer recess 

25 periods)’’ and inserting ‘‘before school, 


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1 after school, summer learning, or expanded 

2 learning time activities’’; 

3 (ii) by redesignating paragraphs (1) 

4 through (12) as paragraphs (2) through 

5 (13), respectively; 

6 (iii) by inserting before paragraph (2), 

7 as redesignated by clause (ii), the fol8 lowing: 

9 ‘‘(1) high-quality expanded learning time pro10 grams or initiatives;’’; 

11 (iv) in paragraph (6), as redesignated 

12 by clause (ii), by striking ‘‘(including those 

13 provided by senior citizen volunteers)’’; and 

14 (v) in paragraph (7), as redesignated 

15 by clause (ii), by striking ‘‘limited English 

16 proficient students’’ and inserting ‘‘English 

17 learners’’; and 

18 (B) by striking subsection (b) and insert19 ing the following: 

20 ‘‘(b) PERFORMANCE INDICATORS.—Each State edu21 cational agency that receives a grant under this part shall 

22 collect, and annually report to the Secretary, information 

23 on the following performance indicators, disaggregated, as 

24 appropriate, by the subgroups described in section 

25 1111(a)(2)(B)(x): 


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1 ‘‘(1) The average time added to the school day, 

2 school week, or school year, if applicable. 

3 ‘‘(2) Student participation and attendance rates 

4 for the programs funded under this part. 

5 ‘‘(3) Student achievement in core academic sub6 jects and high school graduation rates, as applicable, 

7 for students who participate in such programs.’’. 

8 SEC. 4108. PROMISE NEIGHBORHOODS. 

9 Title IV (20 U.S.C. 7101 et seq.) is amended by in10 serting after part F, as redesignated by section 4103(a) 

11 of this Act, the following: 

12 ‘‘PART G—PROMISE NEIGHBORHOODS 

13 ‘‘SEC. 4701. SHORT TITLE. 

14 ‘‘This part may be cited as the ‘Promise Neighbor15 hoods Act of 2013’. 

16 ‘‘SEC. 4702. PURPOSE. 

17 ‘‘The purpose of this part is to significantly improve 

18 the academic and developmental outcomes of children liv19 ing in our Nation’s most distressed communities from 

20 birth through college and career entry, including ensuring 

21 school readiness, high school graduation, and college and 

22 career readiness for such children, through the use of 

23 data-driven decisionmaking and access to a community24 based continuum of high-quality services, beginning at 

25 birth. 


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1 ‘‘SEC. 4703. DEFINITIONS. 

2 ‘‘In this part: 

3 ‘‘(1) CHILD.—The term ‘child’ means an indi4 vidual from birth through age 21. 

5 ‘‘(2) COLLEGE AND CAREER READINESS.—The 

6 term ‘college and career readiness’ means the level 

7 of preparation a student needs in order to meet the 

8 State academic content and achievement standards 

9 under section 1111(a)(1). 

10 ‘‘(3) COMMUNITY OF PRACTICE.—The term 

11 ‘community of practice’ means a group of entities 

12 that interact regularly to share best practices to ad13 dress 1 or more persistent problems, or improve 

14 practice with respect to such problems, in 1 or more 

15 neighborhoods. 

16 ‘‘(4) COMPREHENSIVE SCHOOL READINESS AS17 SESSMENT.—The term ‘comprehensive school readi18 ness assessment’ means an objective tool that— 

19 ‘‘(A) screens for school readiness across 

20 domains, including language, cognitive, phys21 ical, motor, sensory, and social-emotional do22 mains, and through a developmental screening.; 

23 and 

24 ‘‘(B) may also include other sources of in25 formation, such as child observations by parents 

26 and others, verbal and written reports, child 


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1 work samples (for children aged 3 to 5), and 

2 health and developmental histories. 

3 ‘‘(5) DEVELOPMENTAL SCREENING.—The term 

4 ‘developmental screening’ means the use of a stand5 ardized tool to identify a child who may be at risk 

6 of a developmental delay or disorder. 

7 ‘‘(6) EXPANDED LEARNING TIME.—The term 

8 ‘expanded learning time’ means the activities and 

9 programs described in subparagraphs (A), (B), and 

10 (C) of section 4601(b)(1). 

11 ‘‘(7) FAMILY AND COMMUNITY ENGAGEMENT.— 

12 The term ‘family and community engagement’ 

13 means the process of engaging family and commu14 nity members in education meaningfully and at all 

15 stages of the planning, implementation, and school 

16 and neighborhood improvement process, including, 

17 at a minimum— 

18 ‘‘(A) disseminating a clear definition of the 

19 neighborhood to the members of the neighbor20 hood; 

21 ‘‘(B) ensuring representative participation 

22 by the members of such neighborhood in the 

23 planning and implementation of the activities of 

24 each grant awarded under this part; 


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1 ‘‘(C) regular engagement by the eligible 

2 entity and the partners of the eligible entity 

3 with family members and community partners; 

4 ‘‘(D) the provision of strategies and prac5 tices to assist family and community members 

6 in actively supporting student achievement and 

7 child development; and 

8 ‘‘(E) collaboration with institutions of 

9 higher education, workforce development cen10 ters, and employers to align expectations and 

11 programming with college and career readiness. 

12 ‘‘(8) FAMILY AND STUDENT SUPPORTS.—The 

13 term ‘family and student supports’ includes— 

14 ‘‘(A) health programs (including both men15 tal health and physical health services); 

16 ‘‘(B) school, public, and child-safety pro17 grams; 

18 ‘‘(C) programs that improve family sta19 bility; 

20 ‘‘(D) workforce development programs (in21 cluding those that meet local business needs, 

22 such as internships and externships); 

23 ‘‘(E) social service programs; 

24 ‘‘(F) legal aid programs; 

25 ‘‘(G) financial literacy education programs; 


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1 ‘‘(H) adult education and family literacy 

2 programs; 

3 ‘‘(I) parent, family, and community en4 gagement programs; and 

5 ‘‘(J) programs that increase access to 

6 learning technology and enhance the digital lit7 eracy skills of students. 

8 ‘‘(9) FAMILY MEMBER.—The term ‘family 

9 member’ means a parent, relative, or other adult 

10 who is responsible for the education, care, and well11 being of a child. 

12 ‘‘(10) INTEGRATED STUDENT SUPPORTS.—The 

13 term ‘integrated student supports’ means wrap14 around services, supports, and community resources, 

15 which shall be offered through a site coordinator for 

16 at-risk students, that have been shown by evidence17 based research— 

18 ‘‘(A) to increase academic achievement and 

19 engagement; 

20 ‘‘(B) to support positive child development; 

21 and 

22 ‘‘(C) to increase student preparedness for 

23 success in college and the workforce. 

24 ‘‘(11) NEIGHBORHOOD.—The term ‘neighbor25 hood’ means a defined geographical area in which 


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1 there are multiple signs of distress, demonstrated by 

2 indicators of need, including poverty, childhood obe3 sity rates, academic failure, and rates of juvenile de4 linquency, adjudication, or incarceration. 

5 ‘‘(12) PIPELINE SERVICES.—The term ‘pipeline 

6 services’ means a continuum of supports and serv7 ices for children from birth through college entry, 

8 college success, and career attainment, including, at 

9 a minimum, strategies to address through services or 

10 programs (including integrated student supports) 

11 the following: 

12 ‘‘(A) Prenatal education and support for 

13 expectant parents. 

14 ‘‘(B) High-quality early learning opportu15 nities. 

16 ‘‘(C) High-quality schools and out-of17 school-time programs and strategies. 

18 ‘‘(D) Support for a child’s transition to el19 ementary school, including the administration 

20 of a comprehensive school readiness assessment. 

21 ‘‘(E) Support for a child’s transition from 

22 elementary school to middle school, from middle 

23 school to high school, and from high school into 

24 and through college and into the workforce. 

25 ‘‘(F) Family and community engagement. 


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1 ‘‘(G) Family and student supports. 

2 ‘‘(H) Activities that support college and 

3 career readiness, including coordination between 

4 such activities, such as— 

5 ‘‘(i) assistance with college admis6 sions, financial aid, and scholarship appli7 cations, especially for low-income and low8 achieving students; and 

9 ‘‘(ii) career preparation services and 

10 supports. 

11 ‘‘(I) Neighborhood-based support for col12 lege-age students who have attended the schools 

13 in the pipeline, or students who are members of 

14 the community, facilitating their continued con15 nection to the community and success in college 

16 and the workforce. 

17 ‘‘Subpart 1—Promise Neighborhood Partnership 

18 Grants 

19 ‘‘SEC. 4711. PROGRAM AUTHORIZED. 

20 ‘‘(a) IN GENERAL.— 

21 ‘‘(1) PROGRAM AUTHORIZED.—From amounts 

22 appropriated to carry out this subpart, the Secretary 

23 shall award grants, on a competitive basis, to eligible 

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1 ports that engages community partners to improve 

2 academic achievement, student development, and col3 lege and career readiness, measured by common out4 comes, by carrying out the activities described in 

5 section 4714 in neighborhoods with high concentra6 tions of low-income individuals and persistently low7 achieving schools or schools with an achievement 

8 gap. 

9 ‘‘(2) SUFFICIENT SIZE AND SCOPE.—Each 

10 grant awarded under this subpart shall be of suffi11 cient size and scope to allow the eligible entity to 

12 carry out the purpose of this part. 

13 ‘‘(b) DURATION.—A grant awarded under this sub14 part— 

15 ‘‘(1) shall be for a period of not more than 5 

16 years; and 

17 ‘‘(2) may be renewed for not more than 1 addi18 tional grant period, if the eligible entity dem19 onstrates significant improvement in relation to the 

20 performance metrics established under section 

21 4716(a). 

22 ‘‘(c) CONTINUED FUNDING.—Continued funding of a 

23 grant under this subpart, including a grant renewed under 

24 subsection (b)(2), after the third year of the grant period 

25 shall be contingent on the eligible entity’s progress toward 


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1 meeting the performance metrics described in section 

2 4716(a). 

3 ‘‘(d) MATCHING REQUIREMENT.— 

4 ‘‘(1) IN GENERAL.—Each eligible entity receiv5 ing a grant under this subpart shall contribute 

6 matching funds in an amount equal to not less than 

7 100 percent of the amount of the grant. Such 

8 matching funds shall come from Federal, State, 

9 local, and private sources. 

10 ‘‘(2) PRIVATE SOURCES.—The Secretary— 

11 ‘‘(A) shall require that a portion of the 

12 matching funds come from private sources; and 

13 ‘‘(B) may allow the use of in-kind dona14 tions to satisfy the matching funds require15 ment. 

16 ‘‘(3) ADJUSTMENT.—The Secretary may adjust 

17 the matching funds requirement for applicants that 

18 demonstrate high need, including applicants from 

19 rural areas or applicant that wish to provide services 

20 on tribal lands. 

21 ‘‘(e) FINANCIAL HARDSHIP WAIVER.— 

22 ‘‘(1) IN GENERAL.—The Secretary may waive 

23 or reduce, on a case-by-case basis, the matching re24 quirement described in subsection (d), for a period 


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1 of 1 year at a time, if the eligible entity dem2 onstrates significant financial hardship. 

3 ‘‘(2) PRIVATE SOURCES WAIVER.—The Sec4 retary may waive or reduce, on a case-by-case basis, 

5 the requirement described in subsection (d) that a 

6 portion of matching funds come from private sources 

7 if the eligible entity demonstrates an inability to ac8 cess such funds in the State. 

9 ‘‘SEC. 4712. ELIGIBLE ENTITIES. 

10 ‘‘In this subpart, the term ‘eligible entity’ means not 

11 less than 1 nonprofit entity working in coordination with 

12 not less than 1 of the following entities: 

13 ‘‘(1) A high-need local educational agency. 

14 ‘‘(2) A charter school funded by the Bureau of 

15 Indian Education that is not a local educational 

16 agency, except that such school shall not be the fis17 cal agent for the eligible entity partnership. 

18 ‘‘(3) An institution of higher education, as de19 fined in section 102 of the Higher Education Act of 

20 1965. 

21 ‘‘(4) The office of a chief elected official of a 

22 unit of local government. 

23 ‘‘(5) An Indian tribe or tribal organization, as 

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1 mination and Education Assistance Act (25 U.S.C. 

2 450b). 

3 ‘‘SEC. 4713. APPLICATION REQUIREMENTS. 

4 ‘‘(a) IN GENERAL.—An eligible entity desiring a 

5 grant under this subpart shall submit an application to 

6 the Secretary at such time, in such manner, and con7 taining such information as the Secretary may require. 

8 ‘‘(b) CONTENTS OF APPLICATION.—At a minimum, 

9 an application described in subsection (a) shall include the 

10 following: 

11 ‘‘(1) A plan to significantly improve the aca12 demic outcomes of children living in a neighborhood 

13 that is served by the eligible entity, by providing 

14 pipeline services that address the needs of children 

15 in the neighborhood, as identified by the needs anal16 ysis described in paragraph (4) and supported by 

17 evidence-based practices. 

18 ‘‘(2) A description of the neighborhood that the 

19 eligible entity will serve. 

20 ‘‘(3) Measurable annual goals for the outcomes 

21 of the grant, including— 

22 ‘‘(A) performance goals, in accordance with 

23 the metrics described in section 4716(a), for 

24 each year of the grant; and 


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1 ‘‘(B) projected participation rates and any 

2 plans to expand the number of children served 

3 or the neighborhood proposed to be served by 

4 the grant program. 

5 ‘‘(4) An analysis of the needs and assets of the 

6 neighborhood identified in paragraph (2), includ7 ing— 

8 ‘‘(A) a description of the process through 

9 which the needs analysis was produced, includ10 ing a description of how parents, family, and 

11 community members were engaged in such 

12 analysis; 

13 ‘‘(B) an analysis of community assets, in14 cluding programs already provided from Fed15 eral and non-Federal sources, within, or acces16 sible to, the neighborhood, including, at a min17 imum— 

18 ‘‘(i) early learning programs, includ19 ing high-quality child care, Early Head 

20 Start programs, Head Start programs, and 

21 prekindergarten programs; 

22 ‘‘(ii) the availability of healthy food 

23 options and opportunities for physical ac24 tivity; 


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1 ‘‘(iii) existing family and student sup2 ports; 

3 ‘‘(iv) locally owned businesses and em4 ployers; and 

5 ‘‘(v) institutions of higher education; 

6 ‘‘(C) evidence of successful collaboration 

7 within the neighborhood; 

8 ‘‘(D) the steps that the eligible entity is 

9 taking, at the time of the application, to ad10 dress the needs identified in the needs analysis; 

11 and 

12 ‘‘(E) any barriers the eligible entity, public 

13 agencies, and other community-based organiza14 tions have faced in meeting such needs. 

15 ‘‘(5) A description of the data used to identify 

16 the pipeline services to be provided, including data 

17 regarding— 

18 ‘‘(A) school readiness; 

19 ‘‘(B) academic achievement and college 

20 and career readiness; 

21 ‘‘(C) graduation rates; 

22 ‘‘(D) health indicators; 

23 ‘‘(E) rates of enrollment, remediation, per24 sistence, and completion at institutions of high25 er education, as available; and 


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1 ‘‘(F) conditions for learning, including 

2 school climate surveys, discipline rates, and stu3 dent attendance and incident data. 

4 ‘‘(6) A description of the process used to de5 velop the application, including the involvement of 

6 family and community members. 

7 ‘‘(7) An estimate of— 

8 ‘‘(A) the number of children, by age, who 

9 will be served by each pipeline service; and 

10 ‘‘(B) for each age group, the percentage of 

11 children (of such age group), within the neigh12 borhood, who the eligible entity proposes to 

13 serve, disaggregated by each service, and the 

14 goals for increasing such percentage over time. 

15 ‘‘(8) A description of how the pipeline services 

16 will facilitate the coordination of the following activi17 ties: 

18 ‘‘(A) Providing high-quality early learning 

19 opportunities for children, beginning prenatally 

20 and extending through grade 3, by— 

21 ‘‘(i) supporting high-quality early 

22 learning opportunities that provide chil23 dren with access to programs that support 

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1 cluding social and emotional skills, needed 

2 for success in elementary school; 

3 ‘‘(ii) providing for opportunities, 

4 through parenting classes, baby academies, 

5 home visits, family and community engage6 ment, or other evidence-based strategies, 

7 for families and expectant parents to— 

8 ‘‘(I) acquire the skills to promote 

9 early learning, development, and 

10 health and safety, including learning 

11 about child development and positive 

12 discipline strategies (such as through 

13 the use of technology and public 

14 media programming); 

15 ‘‘(II) learn about the role of fam16 ilies and expectant parents in their 

17 child’s education; and 

18 ‘‘(III) become informed about 

19 educational opportunities for their 

20 children, including differences in qual21 ity among early learning opportuni22 ties; 

23 ‘‘(iii) ensuring successful transitions 

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1 tablishment of memoranda of under2 standing between early learning providers 

3 and local educational agencies serving 

4 young children and families; 

5 ‘‘(iv) ensuring appropriate screening, 

6 diagnostic assessments, and referrals for 

7 children with disabilities, developmental 

8 delays, or other special needs, consistent 

9 with the Individuals with Disabilities Edu10 cation Act (20 U.S.C. 1400 et seq.), where 

11 applicable; 

12 ‘‘(v) improving the early learning 

13 workforce in the community, including 

14 through— 

15 ‘‘(I) investments in the recruit16 ment, retention, distribution, and sup17 port of high-quality professionals, es18 pecially those with certification and 

19 experience in child development; 

20 ‘‘(II) the provision of high-quality 

21 teacher preparation and professional 

22 development; or 

23 ‘‘(III) the use of joint profes24 sional development for early learning 


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1 providers and elementary school 

2 teachers and administrators; and 

3 ‘‘(vi) enhancing data systems and 

4 data sharing among the eligible entity, 

5 partners, early learning providers, schools, 

6 and local educational agencies operating in 

7 the neighborhood. 

8 ‘‘(B) Supporting, enhancing, operating, or 

9 expanding rigorous and comprehensive edu10 cation reforms designed to significantly improve 

11 educational outcomes for children in early 

12 learning programs through grade 12, which 

13 may include— 

14 ‘‘(i) operating schools or working in 

15 close collaboration with local schools to 

16 provide high-quality academic programs, 

17 curricula, and integrated student supports; 

18 ‘‘(ii) providing expanded learning 

19 time, which may include the integration 

20 and use of arts education in such learning 

21 time; and 

22 ‘‘(iii) providing programs and activi23 ties that ensure that students— 


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1 ‘‘(I) are prepared for the college 

2 admissions, scholarship, and financial 

3 aid application processes; and 

4 ‘‘(II) graduate college and career 

5 ready. 

6 ‘‘(C) Supporting access to a healthy life7 style, which may include— 

8 ‘‘(i) the provision of high-quality and 

9 nutritious meals; 

10 ‘‘(ii) access to programs that promote 

11 physical activity, physical education, and 

12 fitness; and 

13 ‘‘(iii) education to promote a healthy 

14 lifestyle and positive body image. 

15 ‘‘(D) Providing social, health, and mental 

16 health services and supports, including referrals 

17 for essential care and preventative screenings, 

18 for children, family, and community members, 

19 which may include— 

20 ‘‘(i) dental services; 

21 ‘‘(ii) vision care; and 

22 ‘‘(iii) speech, language, and auditory 

23 screenings and referrals. 

24 ‘‘(E) Supporting students and family mem25 bers as the students transition from early learnVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00745 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 ing programs into elementary school, from ele2 mentary school to middle school, from middle 

3 school to high school, from high school into and 

4 through college and into the workforce, includ5 ing through evidence-based strategies to ad6 dress challenges that students may face as they 

7 transition, such as the following: 

8 ‘‘(i) Early college high schools. 

9 ‘‘(ii) Dual enrollment programs. 

10 ‘‘(iii) Career academies. 

11 ‘‘(iv) Counseling and support services. 

12 ‘‘(v) Dropout prevention and recovery 

13 strategies. 

14 ‘‘(vi) Collaboration with the juvenile 

15 justice system and reentry counseling for 

16 adjudicated youth. 

17 ‘‘(vii) Advanced Placement or Inter18 national Baccalaureate courses. 

19 ‘‘(viii) Teen parent classrooms. 

20 ‘‘(ix) Graduation and career coaches. 

21 ‘‘(9) A description of the strategies that will be 

22 used to provide pipeline services (including a de23 scription of the process used to identify such strate24 gies and the outcomes expected and a description of 

25 which programs and services will be provided to chilVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00746 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 dren, family members, community members, and 

2 children not attending schools or programs operated 

3 by the eligible entity or its partner providers) to sup4 port the purpose of this part. 

5 ‘‘(10) An explanation of the process the eligible 

6 entity will use to establish and maintain family and 

7 community engagement. 

8 ‘‘(11) An explanation of how the eligible entity 

9 will continuously evaluate and improve the con10 tinuum of high-quality pipeline services, including— 

11 ‘‘(A) a description of the metrics, con12 sistent with section 4716(a), that will be used 

13 to inform each component of the pipeline; and 

14 ‘‘(B) the processes for using data to im15 prove instruction, optimize integrated student 

16 supports, provide for continuous program im17 provement, and hold staff and partner organiza18 tions accountable. 

19 ‘‘(12) An identification of the fiscal agent, 

20 which may be any entity described in section 4712 

21 (not including paragraph (2) of such section). 

22 ‘‘(13) A list of the non-Federal sources of fund23 ing that the eligible entity will secure to comply with 

24 the matching funds requirement described in section 

25 4711(d), in addition to other programs from which 


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1 the eligible entity has already secured funding, in2 cluding programs funded by the Department or pro3 grams of the Department of Health and Human 

4 Services, the Department of Housing and Urban De5 velopment, the Department of Justice, or the De6 partment of Labor. 

7 ‘‘(c) MEMORANDUM OF UNDERSTANDING.—An eligi8 ble entity, as part of the application described in this sec9 tion, shall submit a preliminary memorandum of under10 standing, signed by each partner entity or agency. The 

11 preliminary memorandum of understanding shall describe, 

12 at a minimum— 

13 ‘‘(1) each partner’s financial and programmatic 

14 commitment with respect to the strategies described 

15 in the application, including an identification of the 

16 fiscal agent; 

17 ‘‘(2) each partner’s long-term commitment to 

18 providing pipeline services that, at a minimum, ac19 counts for the cost of supporting the continuum of 

20 supports and services (including a plan for how to 

21 support services and activities after grant funds are 

22 no longer available) and potential changes in local 

23 government; 

24 ‘‘(3) each partner’s mission and the plan that 

25 will govern the work that the partners do together; 


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1 ‘‘(4) each partner’s long-term commitment to 

2 supporting the continuum of supports and services 

3 through data collection, monitoring, reporting, and 

4 sharing; and 

5 ‘‘(5) each partner’s commitment to ensure 

6 sound fiscal management and controls, including evi7 dence of a system of supports and personnel. 

8 ‘‘SEC. 4714. USE OF FUNDS. 

9 ‘‘(a) IN GENERAL.—Each eligible entity that receives 

10 a grant under this subpart shall use the grant funds to— 

11 ‘‘(1) implement the pipeline services, as de12 scribed in the application under section 4713; and 

13 ‘‘(2) continuously evaluate the success of the 

14 program and improve the program based on data 

15 and outcomes. 

16 ‘‘(b) SPECIAL RULES.— 

17 ‘‘(1) FUNDS FOR PIPELINE SERVICES.—Each 

18 eligible entity that receives a grant under this sub19 part shall, following the second year of the grant 

20 and each subsequent year, including each year of a 

21 renewal grant, use not less than 80 percent of grant 

22 funds to carry out the activities described in sub23 section (a)(1). 

24 ‘‘(2) OPERATIONAL FLEXIBILITY.—Each eligi25 ble entity that operates a school in a neighborhood 


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1 served by a grant program under this subpart shall 

2 provide such school with the operational flexibility, 

3 including autonomy over staff, time, and budget, 

4 needed to effectively carry out the activities de5 scribed in the application under section 4713. 

6 ‘‘(3) LIMITATION ON USE OF FUNDS FOR

7 EARLY CHILDHOOD EDUCATION PROGRAMS.—Funds 

8 under this subpart that are used to improve early 

9 childhood education programs shall not be used to 

10 carry out any of the following activities: 

11 ‘‘(A) Assessments that provide rewards or 

12 sanctions for individual children or teachers. 

13 ‘‘(B) A single assessment that is used as 

14 the primary or sole method for assessing pro15 gram effectiveness. 

16 ‘‘(C) Evaluating children, other than for 

17 the purposes of improving instruction, class18 room environment, professional development, or 

19 parent and family engagement, or program im20 provement. 

21 ‘‘SEC. 4715. REPORT AND PUBLICLY AVAILABLE DATA. 

22 ‘‘(a) REPORT.—Each eligible entity that receives a 

23 grant under this subpart shall prepare and submit an an24 nual report to the Secretary, which shall include— 


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1 ‘‘(1) information about the number and per2 centage of children in the neighborhood who are 

3 served by the grant program, including a description 

4 of the number and percentage of children accessing 

5 each support or service offered as part of the pipe6 line services; 

7 ‘‘(2) information relating to the performance 

8 metrics described in section 4716(a); and 

9 ‘‘(3) other indicators that may be required by 

10 the Secretary, in consultation with the Director of 

11 the Institute of Education Sciences. 

12 ‘‘(b) PUBLICLY AVAILABLE DATA.—Each eligible en13 tity that receives a grant under this subpart shall make 

14 publicly available, including through electronic means, the 

15 information described in subsection (a). To the extent 

16 practicable, such information shall be provided in a form 

17 and language accessible to parents and families in the 

18 neighborhood, and such information shall be a part of 

19 statewide longitudinal data systems. 

20 ‘‘SEC. 4716. PERFORMANCE ACCOUNTABILITY AND EVALUA21 TION. 

22 ‘‘(a) PERFORMANCE METRICS.—Each eligible entity 

23 that receives a grant under this subpart shall collect data 

24 on performance indicators of pipeline services and family 

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1 retary, who shall use the results as a consideration in con2 tinuing grants after the third year and in awarding grant 

3 renewals. The indicators shall, at a minimum, include the 

4 following: 

5 ‘‘(1) Evidence of increasing qualifications for 

6 staff in early care and education programs attended 

7 by children in the neighborhood. 

8 ‘‘(2) With respect to the children served by the 

9 grant— 

10 ‘‘(A) the percentage of children who are 

11 ready for kindergarten, as measured by a com12 prehensive developmental screening instrument; 

13 ‘‘(B) the percentage of school-age children 

14 proficient in core academic subjects; 

15 ‘‘(C) evidence of narrowing student 

16 achievement gaps among the categories de17 scribed in section 1111(a)(2)(B)(x); 

18 ‘‘(D) the percentage of children who are 

19 reading at grade level by the end of grade 3; 

20 ‘‘(E) the percentage of children who suc21 cessfully transition from grade 8 to grade 9; 

22 ‘‘(F) for each school year during the grant 

23 period, the percentage of students in prekinder24 garten, elementary school, and secondary school 

25 who miss more than 10 percent of school days 


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1 for any reason, excused or unexcused, and the 

2 number and percentage of students who are 

3 suspended or expelled for any reason, starting 

4 in prekindergarten; 

5 ‘‘(G) the percentage of children who grad6 uate with a high school diploma; 

7 ‘‘(H) the percentage of children who enter 

8 postsecondary education and remain after 1 

9 year; 

10 ‘‘(I) the percentage of children who are 

11 healthy, as measured by a child-health index 

12 that includes cognitive, nutritional, physical, so13 cial, mental-health, and emotional domains; 

14 ‘‘(J) the percentage of children who feel 

15 safe, as measured by a school climate survey; 

16 ‘‘(K) rates of student mobility and home17 lessness; 

18 ‘‘(L) opportunities for family members of 

19 children to receive education and job training; 

20 and 

21 ‘‘(M) the percentage of children who have 

22 digital literacy skills and access to broadband 

23 internet and a connected computing device at 

24 home and at school. 


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1 ‘‘(b) EVALUATION.—The Secretary shall evaluate the 

2 implementation and impact of the activities funded under 

3 this subpart, in accordance with section 9601. 

4 ‘‘Subpart 2—Promise School Grants 

5 ‘‘SEC. 4721. PROGRAM AUTHORIZED. 

6 ‘‘(a) IN GENERAL.— 

7 ‘‘(1) PROGRAM AUTHORIZED.—From amounts 

8 appropriated to carry out this subpart, the Secretary 

9 shall award grants, on a competitive basis, to eligible 

10 entities to implement school-centered, evidence-based 

11 strategies and integrated student supports that le12 verage community partnerships to improve student 

13 achievement and child development by carrying out 

14 the activities described in section 4724 in schools 

15 with high concentrations of low-income children. 

16 ‘‘(2) SUFFICIENT SIZE AND SCOPE.—Each 

17 grant awarded under this subpart shall be of suffi18 cient size and scope to allow the eligible entity to 

19 carry out the purpose of this part. 

20 ‘‘(b) GENERAL PROVISIONS.—The requirements of 

21 subsections (b), (c), (d), and (e) of section 4711 and sec22 tion 4714(b) shall apply to a grant under this subpart in 

23 the same manner as such subsections apply to a grant 

24 under subpart 1, except that the performance metrics used 


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1 for section 4711(c) shall be the metrics under section 

2 4726(a). 

3 ‘‘SEC. 4722. DEFINITION OF ELIGIBLE ENTITY. 

4 ‘‘In this subpart, the term ‘eligible entity’ means— 

5 ‘‘(1) not less than 1 high-need local educational 

6 agency (including a charter school that is a local 

7 educational agency) in partnership with 1 or more 

8 nonprofit entities or institutions of higher education; 

9 or 

10 ‘‘(2) a school funded by the Bureau of Indian 

11 Education that falls under the definition of a local 

12 educational agency in partnership with 1 or more 

13 nonprofit entities or institutions of higher education. 

14 ‘‘SEC. 4723. APPLICATION REQUIREMENTS; PRIORITY. 

15 ‘‘(a) IN GENERAL.—An eligible entity desiring a 

16 grant under this subpart shall submit an application to 

17 the Secretary at such time, in such manner, and con18 taining such information as the Secretary may require. 

19 ‘‘(b) CONTENTS OF APPLICATION.—At a minimum, 

20 the application described in subsection (a) shall include 

21 the following: 

22 ‘‘(1) A description of the local educational agen23 cy, schools, and students that will be served by the 

24 grant program. 


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1 ‘‘(2) A description of the steps that the eligible 

2 entity is taking— 

3 ‘‘(A) to meet the needs identified in the 

4 analysis described in paragraph (4); and 

5 ‘‘(B) to remove any barriers that the eligi6 ble entity has identified in meeting such needs. 

7 ‘‘(3) The designation of a site coordinator, with 

8 appropriate qualifications and appropriate time, au9 tonomy, and support to provide— 

10 ‘‘(A) leadership in building relationships 

11 and establishing and sustaining partnerships 

12 that support school improvement, school turn13 around efforts in accordance with section 

14 1116(c), increases in student achievement, posi15 tive child development, and parent, family, and 

16 community engagement; and 

17 ‘‘(B) effective coordination of student serv18 ices at all stages of the continuum of high-qual19 ity pipeline services. 

20 ‘‘(4) An analysis of the needs and assets of the 

21 schools and communities that will be assisted under 

22 the grant. Such analysis shall include— 

23 ‘‘(A) student data, including information 

24 about— 


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1 ‘‘(i) kindergarten readiness, as meas2 ured by a comprehensive developmental 

3 screening instrument; 

4 ‘‘(ii) academic achievement; 

5 ‘‘(iii) credit accumulation; 

6 ‘‘(iv) grade-to-grade promotion; 

7 ‘‘(v) graduation; 

8 ‘‘(vi) attendance; and 

9 ‘‘(vii) discipline; and 

10 ‘‘(B) information about the assets de11 scribed in section 4713(b)(4)(B) with respect to 

12 such schools and communities. 

13 ‘‘(5) An explanation of how the eligible entity 

14 and its program partners will use evidence-based 

15 practice, data, research, and partnerships to provide 

16 pipeline services that— 

17 ‘‘(A) address the needs identified in para18 graph (4); 

19 ‘‘(B) conduct family and community en20 gagement; 

21 ‘‘(C) enable teachers and administrators, 

22 including early learning providers, to com23 plement and enrich efforts to help children— 

24 ‘‘(i) achieve learning gains; 

25 ‘‘(ii) prepare for graduation; and 


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1 ‘‘(iii) plan for the future, including 

2 preparing for college and careers; and 

3 ‘‘(D) coordinate and leverage other pro4 grams that serve children, the schools served by 

5 the grant, and the neighborhood. 

6 ‘‘(6) An explanation of the extent to which the 

7 eligible entity and its program partners will serve or 

8 involve children residing in the neighborhood regard9 less of whether such children attend a school served 

10 by the grant, including by carrying out the activities 

11 described in section 4713(b)(8). 

12 ‘‘(7) A description of the capacity of the eligible 

13 entity for measuring student outcomes and school14 specific outcomes. 

15 ‘‘(8) A description of how the strategies sup16 ported with funds under this subpart will be— 

17 ‘‘(A) coordinated with other programs and 

18 strategies carried out by the local educational 

19 agency; and 

20 ‘‘(B) to the greatest extent practicable, co21 ordinated with other agencies, such as agencies 

22 that provide reentry services to adjudicated 

23 youth. 

24 ‘‘(9) A description of the strategy the eligible 

25 entity will use to— 


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1 ‘‘(A) conduct family and community en2 gagement; and 

3 ‘‘(B) make schools the centers of their re4 spective communities. 

5 ‘‘(10) A list of the non-Federal sources of fund6 ing that the eligible entity will secure to comply with 

7 the matching funds requirement pursuant to sec8 tions 4711(d) and 4721, in addition to other pro9 grams the eligible entity has already secured funding 

10 from, including programs funded by the Depart11 ment, or programs of the Department of Health and 

12 Human Services, the Department of Housing and 

13 Urban Development, the Department of Justice, or 

14 the Department of Labor. 

15 ‘‘(c) MEMORANDUM OF UNDERSTANDING.—An eligi16 ble entity, as part of the application described in this sec17 tion, shall submit a preliminary memorandum of under18 standing that meets the requirements of section 4713(c). 

19 ‘‘(d) PRIORITY.—In awarding grants under this sub20 part, the Secretary shall give priority to applicants that— 

21 ‘‘(1) propose to include significant investments, 

22 as determined by the Secretary, in high-quality early 

23 learning programs, consistent with section 

24 4713(b)(8)(A); and 


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1 ‘‘(2) provide schools served by the grant with 

2 the operational flexibility, including autonomy over 

3 staff, time, and budget, needed to effectively carry 

4 out the activities described in the application under 

5 this section. 

6 ‘‘SEC. 4724. USE OF FUNDS. 

7 ‘‘(a) IN GENERAL.—Each eligible entity that receives 

8 a grant under this subpart shall use the grant funds to— 

9 ‘‘(1) implement the activities described in the 

10 application under section 4723; and 

11 ‘‘(2) continuously evaluate the success of the 

12 grant program and improve the grant program 

13 based on data and outcomes. 

14 ‘‘(b) SPECIAL RULE.— 

15 ‘‘(1) LIMITATION ON USE OF FUNDS FOR

16 EARLY CHILDHOOD EDUCATION PROGRAMS.—Funds 

17 under this subpart that are used to improve early 

18 childhood education programs shall not be used to 

19 carry out any of the following activities: 

20 ‘‘(A) Assessments that provide rewards or 

21 sanctions for individual children or teachers. 

22 ‘‘(B) A single assessment that is used as 

23 the primary or sole method for assessing pro24 gram effectiveness. 


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1 ‘‘(C) Evaluating children, other than for 

2 the purposes of improving instruction, class3 room environment, professional development, or 

4 parent and family engagement, or program im5 provement. 

6 ‘‘SEC. 4725. REPORT AND PUBLICLY AVAILABLE DATA. 

7 ‘‘(a) REPORT.—Each eligible entity that receives a 

8 grant under this subpart shall prepare and submit an an9 nual report to the Secretary, which shall include— 

10 ‘‘(1) information about the number and per11 centage of children served by the grant program, 

12 disaggregated the subgroups described in section 

13 1111(a)(2)(B)(x); 

14 ‘‘(2) information relating to the performance 

15 metrics described in section 4726(a); and 

16 ‘‘(3) other indicators that may be required by 

17 the Secretary, in consultation with the Director of 

18 the Institute of Education Sciences. 

19 ‘‘(b) PUBLICLY AVAILABLE DATA.—Each eligible en20 tity that receives a grant under this subpart shall make 

21 publicly available, including through electronic means, the 

22 information described in subsection (a). To the extent 

23 practicable, such information shall be provided in a form 

24 and language accessible to parents and families in the 

25 neighborhood. 


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1 ‘‘SEC. 4726. PERFORMANCE ACCOUNTABILITY AND EVALUA2 TION. 

3 ‘‘(a) PERFORMANCE METRICS.—Each eligible entity 

4 receiving a grant under this subpart shall collect data on 

5 performance indicators of pipeline services and family and 

6 student supports and report the results to the Secretary, 

7 who shall use the results as a consideration in continuing 

8 grants after the third year and awarding grant renewals. 

9 The indicators shall, at a minimum, include the indicators 

10 described in paragraphs (1) and (2) of section 4716(a). 

11 ‘‘(b) EVALUATION.—The Secretary shall evaluate the 

12 implementation and impact of the activities funded under 

13 this subpart, in accordance with section 9601. 

14 ‘‘Subpart 3—General Provisions 

15 ‘‘SEC. 4731. NATIONAL ACTIVITIES. 

16 ‘‘From the amounts appropriated to carry out this 

17 part for a fiscal year, in addition to the amounts that may 

18 be reserved in accordance with section 9601, the Secretary 

19 may reserve not more than 8 percent for national activi20 ties, which may include— 

21 ‘‘(1) research on the activities carried out under 

22 subparts 1 and 2; 

23 ‘‘(2) identification and dissemination of best 

24 practices, including through support for a commu25 nity of practice; 


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1 ‘‘(3) technical assistance, including assistance 

2 relating to family and community engagement and 

3 outreach to potential partner organizations; 

4 ‘‘(4) professional development, including devel5 opment of materials related to professional develop6 ment; and 

7 ‘‘(5) other activities consistent with the purpose 

8 of this part.’’. 

9 SEC. 4109. PARENT AND FAMILY INFORMATION AND RE10 SOURCE CENTERS. 

11 Title IV (20 U.S.C. 7101 et seq.) is amended by in12 serting after part G, as added by section 4108 of this Act, 

13 the following: 

14 ‘‘PART H—PARENT AND FAMILY INFORMATION 

15 AND RESOURCE CENTERS 

16 ‘‘SEC. 4801. PURPOSE. 

17 ‘‘The purpose of this part is to increase and enhance 

18 parent and family engagement in education by— 

19 ‘‘(1) providing support and technical assistance 

20 to State educational agencies; 

21 ‘‘(2) supporting a community of practice related 

22 to effective parent and family engagement strategies 

23 and practices; and 


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1 ‘‘(3) as appropriate, providing information and 

2 training to local educational agencies, schools, par3 ents and families, and community members. 

4 ‘‘SEC. 4802. DEFINITION OF ELIGIBLE ENTITY. 

5 ‘‘In this part, the term ‘eligible entity’ means— 

6 ‘‘(1) a nonprofit organization (including a state7 wide nonprofit organization); or 

8 ‘‘(2) a consortium consisting of a nonprofit or9 ganization (including a statewide nonprofit organiza10 tion) and a State educational agency or local edu11 cational agency. 

12 ‘‘SEC. 4803. GRANTS AUTHORIZED. 

13 ‘‘(a) PARENT AND FAMILY INFORMATION AND RE14 SOURCE CENTERS.—The Secretary is authorized to award 

15 grants, on a competitive basis, to eligible entities to enable 

16 such eligible entities to operate State parent and family 

17 information and resource centers that— 

18 ‘‘(1) assist the State educational agency in 

19 identifying, implementing, and replicating effective, 

20 evidence-based parent, family, and community en21 gagement strategies, including assisting the State 

22 educational agency in carrying out parent and family 

23 engagement strategies that are funded under section 

24 1118 and other provisions of this Act; 


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1 ‘‘(2) provide technical assistance, training, in2 formation, and support regarding parent and family 

3 engagement, as appropriate (including support in 

4 turning around schools), to, at a minimum, high5 need schools, schools that are served by high-need 

6 local educational agencies, and early care and edu7 cation providers that primarily serve low-income par8 ents and families; and 

9 ‘‘(3) strengthen partnerships among parents, 

10 family members, community-based organizations (in11 cluding faith-based organizations), early care and 

12 education providers, schools, local educational agen13 cies, employers, and other appropriate community 

14 members who are committed to improving and en15 hancing parent, family, and community engagement 

16 in order to improve student achievement and sup17 port positive child development. 

18 ‘‘(b) DURATION.—Grants awarded under this part 

19 shall be for a period of 5 years. 

20 ‘‘(c) GEOGRAPHIC DISTRIBUTION.—In awarding 

21 grants under this part, the Secretary shall ensure that not 

22 less than 1 grant is awarded to an eligible entity in each 

23 State, except that competitions conducted pursuant to sec24 tion 4806(b)(2)(B), or for which no eligible entity from 

25 a State applies, shall be open to all eligible entities. 


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1 ‘‘(d) PRIORITY.—In awarding grants under this part, 

2 the Secretary shall give priority to applications from eligi3 ble entities that have a demonstrated record of effective4 ness in increasing and enhancing the engagement of par5 ents and families whose children attend a high-need school 

6 or a school that is served by a high-need local educational 

7 agency. 

8 ‘‘SEC. 4804. APPLICATIONS. 

9 ‘‘(a) SUBMISSION.—Each eligible entity that desires 

10 a grant under this part shall submit an application to the 

11 Secretary at such time, in such manner, and accompanied 

12 by such information as the Secretary may require. 

13 ‘‘(b) ASSURANCES.—Each application submitted 

14 under subsection (a) shall include, at a minimum, an as15 surance that the eligible entity will— 

16 ‘‘(1)(A) be governed by a board of directors, of 

17 which not less than 50 percent is comprised of mem18 bers who are— 

19 ‘‘(i) parents or family members of school20 aged children in the State that the eligible enti21 ty serves, including educationally and economi22 cally disadvantaged parents; and 

23 ‘‘(ii) community stakeholders who are com24 mitted to improving schools and increasing par25 ent and family engagement; or 


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1 ‘‘(B) be an organization or consortium that rep2 resents the interests of parents and family members 

3 of school-aged children; 

4 ‘‘(2) use not less than 60 percent of the funds 

5 received under this part for each fiscal year to sup6 port parent and family engagement in high-need 

7 local educational areas; 

8 ‘‘(3) reserve not less than 30 percent of the 

9 funds received under this part for each fiscal year to 

10 support parent and family engagement of low-income 

11 parents and family members whose children attend 

12 early childhood education programs; 

13 ‘‘(4) operate a parent and family information 

14 and resource center of sufficient size, scope, and 

15 quality to effectively carry out the purpose of this 

16 part; 

17 ‘‘(5) ensure that parents and family members, 

18 including economically disadvantaged parents and 

19 family members with children who attend high-need 

20 schools or schools that are served by high-need local 

21 educational agencies, have access to leadership devel22 opment training and other evidence-based strategies 

23 that provide the skills and resources parents and 

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1 ment, increase student achievement, and promote 

2 positive student development; and 

3 ‘‘(6) demonstrate to the Secretary that a por4 tion of the services provided by the eligible entity 

5 under the grant is supported through non-Federal 

6 contributions, which contributions may be in cash or 

7 in-kind. 

8 ‘‘(c) CONTENTS.—In addition to the requirements de9 scribed in subsection (b), each application submitted 

10 under subsection (a) shall, at a minimum— 

11 ‘‘(1) describe how the eligible entity will serve 

12 both urban and rural areas throughout the State 

13 that is served by the eligible entity; 

14 ‘‘(2) demonstrate the eligible entity’s record of 

15 effectiveness in carrying out parent and family en16 gagement activities, including the provision of high17 quality technical assistance to State educational 

18 agencies and local educational agencies; 

19 ‘‘(3) describe the process through which the eli20 gible entity will— 

21 ‘‘(A) leverage relationships with, and col22 lect and exchange information among, partners; 

23 and 


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1 ‘‘(B) disseminate information about evi2 dence-based best practices to support parent 

3 and family engagement strategies; 

4 ‘‘(4) describe the eligible entity’s strategy for 

5 serving parents and family members of children in 

6 the area served by the eligible entity, including par7 ents and family members of students who are served 

8 by high-need local educational agencies; 

9 ‘‘(5) describe how the eligible entity will assist 

10 the State educational agency in effectively sup11 porting high-need local educational agencies in— 

12 ‘‘(A) increasing parent and family member 

13 understanding of, and opportunities to develop, 

14 the knowledge and skills to engage as full part15 ners in supporting academic achievement, child 

16 development, and school improvement; and 

17 ‘‘(B) employing evidence-based strategies 

18 to— 

19 ‘‘(i) increase the participation of eco20 nomically disadvantaged and English 

21 learner parents and family members, and 

22 low-income parents and family members of 

23 children with disabilities, in school activi24 ties; and 


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1 ‘‘(ii) improve parent and family en2 gagement strategies in low-performing 

3 schools served by high-need local edu4 cational agencies; and 

5 ‘‘(6) describe how the eligible entity will coordi6 nate its activities with the parent training and infor7 mation centers assisted under section 671 of the In8 dividuals with Disabilities Education Act; 

9 ‘‘(7) identify the Federal, State, and local serv10 ices and programs that prepare children to be ready 

11 for institutions of higher education and careers with 

12 which the eligible entity will coordinate, including— 

13 ‘‘(A) programs supported under this Act; 

14 ‘‘(B) violence prevention programs; 

15 ‘‘(C) programs that serve at-risk or out-of16 school youth; 

17 ‘‘(D) nutrition programs; 

18 ‘‘(E) housing programs; 

19 ‘‘(F) Head Start and other early childhood 

20 education programs; 

21 ‘‘(G) adult education and literacy activities 

22 (as defined in section 203 of the Adult Edu23 cation and Family Literacy Act); and 

24 ‘‘(H) workforce development programs. 


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1 ‘‘SEC. 4805. USES OF FUNDS. 

2 ‘‘(a) REQUIRED ACTIVITIES.—Each eligible entity 

3 that receives a grant under this part shall use such grant 

4 funds to provide services to parents, family members, edu5 cators, and community members and to assist State edu6 cational agencies, local educational agencies, and, where 

7 applicable, districtwide parent advisory committees in sup8 porting parent and family engagement in education by 

9 carrying out the following activities: 

10 ‘‘(1) Providing technical assistance to State 

11 educational agencies in— 

12 ‘‘(A) reviewing and responding to local 

13 parent and family engagement plans described 

14 in section 1118(a) (including, at a minimum, 

15 such plans submitted by high-need local edu16 cational agencies) in order to support evidence17 based strategies and best practices in parent 

18 and family engagement; 

19 ‘‘(B) the implementation of Federal and 

20 State laws, regulations, and guidance relating 

21 to parent and family engagement; 

22 ‘‘(C) the implementation or replication of 

23 statewide, evidence-based programs and strate24 gies, such as professional development for edu25 cators related to parent and family engagement, 

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1 bers who are educationally and economically 

2 disadvantaged; 

3 ‘‘(D) ensuring that schools and classrooms 

4 are welcoming of family and community mem5 bers; and 

6 ‘‘(E) applicable evaluation, reporting, and 

7 accountability processes. 

8 ‘‘(2) Obtaining and disseminating information 

9 about the range of options, programs, services, and 

10 resources (including curricula) that are available at 

11 the national level, the State level, and the local level 

12 to assist school and local educational agency per13 sonnel in implementing evidence-based parent and 

14 family engagement strategies. 

15 ‘‘(3) Coordinating parent and family engage16 ment strategies with relevant Federal, State, and 

17 local services and programs. 

18 ‘‘(4) Working with individuals and organiza19 tions with expertise in identifying and implementing 

20 evidence-based practices to improve parent and fam21 ily engagement. 

22 ‘‘(5) Coordinating and integrating early care 

23 and education programs with school-age programs, 

24 especially those programs focusing on supporting the 

25 transition of young children into kindergarten 


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1 through grade 3, such as by increasing awareness of 

2 school readiness expectations among family and 

3 community members. 

4 ‘‘(6) Implementing parent institutes or other 

5 leadership development strategies to ensure that par6 ents and family members have the skills and re7 sources needed to understand student and school 

8 data in order to make decisions, effectively commu9 nicate with school officials and educators, support 

10 school improvement, and increase student achieve11 ment. 

12 ‘‘(b) PERMISSIVE ACTIVITIES.—In addition to the ac13 tivities required under subsection (a), each eligible entity 

14 that receives a grant under this part may use such grant 

15 funds to carry out the following activities: 

16 ‘‘(1) Developing and disseminating templates 

17 for schools and local educational agencies to use to 

18 provide information about curricula, academic expec19 tations, academic assessments, and the results of 

20 academic assessments to family members in a man21 ner and a language that such family members can 

22 understand. 

23 ‘‘(2) Providing training, information, and sup24 port to organizations that support partnerships 


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1 among schools, parents, family members, and dis2 trictwide parent advisory committees, as applicable. 

3 ‘‘(3) Providing professional development to, and 

4 supporting a community of practice among, school 

5 and local educational agency staff (which may be 

6 provided jointly to educators and family members) to 

7 assist school and agency staff in developing and im8 plementing strategies to increase and strengthen on9 going communication with parents and family mem10 bers, including professional development opportuni11 ties that prepare teachers to have more focused, 

12 goal-oriented, and reciprocal parent-teacher con13 ferences. 

14 ‘‘SEC. 4806. ADMINISTRATIVE PROVISIONS. 

15 ‘‘(a) MATCHING FUNDS FOR GRANT RENEWAL.— 

16 For each fiscal year after the first fiscal year for which 

17 an eligible entity receives assistance under this part, the 

18 eligible entity shall demonstrate that a portion of the serv19 ices provided by the eligible entity is supported through 

20 non-Federal contributions, which contributions may be in 

21 cash or in-kind. 

22 ‘‘(b) PERFORMANCE ACCOUNTABILITY.— 

23 ‘‘(1) PERFORMANCE INDICATORS.—Each eligi24 ble entity receiving a grant under this part shall 

25 submit to the Secretary an annual report regarding 


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1 the parent and family information and resource cen2 ters assisted under this part. Such report shall be 

3 made publicly available, including through electronic 

4 means, and shall include, at a minimum, a descrip5 tion of how each parent and family information and 

6 resource center has performed with respect to the 

7 following indicators: 

8 ‘‘(A) The number of local educational 

9 agencies or other entities that received assist10 ance or support in the previous academic year. 

11 ‘‘(B) The number of parents and family 

12 members whose children participated in the pre13 vious academic year in programs, activities, or 

14 strategies supported by the parent and family 

15 information and resource center, and— 

16 ‘‘(i) the number of such parents 

17 whose children are eligible to be counted 

18 under section 1124(c)(1)(A); 

19 ‘‘(ii) the number of such parents 

20 whose children are English learners; and 

21 ‘‘(iii) the number of such parents who 

22 are parents of children with disabilities. 

23 ‘‘(C) The outcomes directly attributable to 

24 the provision of assistance or support provided 

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1 source center, such as increased parent and 

2 family member participation in school planning 

3 activities, parent-teacher conferences, or the 

4 local educational agency budgeting process. 

5 ‘‘(D) Other evidence-based indicators that 

6 the Secretary may reasonably require. 

7 ‘‘(2) PERFORMANCE GOALS.— 

8 ‘‘(A) IN GENERAL.—Each eligible entity 

9 that is awarded a grant under this part shall 

10 establish, in consultation with the Secretary, 

11 annual performance goals for each of the indi12 cators described in paragraph (1). Such per13 formance goals shall be made publicly available, 

14 including through electronic means. 

15 ‘‘(B) CONSEQUENCES FOR POOR PERFORM16 ANCE.—If an eligible entity receiving grant 

17 funds under this part does not meet the per18 formance goals established under this para19 graph for 2 consecutive years, after the provi20 sion of technical assistance in the second con21 secutive year, the Secretary shall terminate the 

22 grant and conduct a new competition for the 

23 grant. 

24 ‘‘(C) LOSS OF ELIGIBILITY.—If an eligible 

25 entity has received a grant under this part and 


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1 such grant has been terminated in accordance 

2 with subparagraph (B), the eligible entity shall 

3 not be eligible to participate in future grant 

4 competitions, or receive grant funds, under this 

5 part. 

6 ‘‘(3) TECHNICAL ASSISTANCE.—The Secretary 

7 shall provide technical assistance to each eligible en8 tity receiving a grant under this part that does not 

9 meet the performance goals established under para10 graph (2). 

11 ‘‘(c) REPORT TO CONGRESS.—The Secretary shall 

12 prepare and submit an annual report to the authorizing 

13 committees, which shall— 

14 ‘‘(1) include the information that each eligible 

15 entity submits to the Secretary in accordance with 

16 subsection (b)(1); 

17 ‘‘(2) summarize and synthesize the best prac18 tices collected by the parent and family information 

19 and resource centers for increasing and improving 

20 parent, family, and community engagement; and 

21 ‘‘(3) be made available to the public (including 

22 through electronic means). 

23 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this part 

24 shall be construed to prohibit a parent and family informa25 tion and resource center from— 


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1 ‘‘(1) allowing its employees or agents to meet 

2 with family members at a site that is not on school 

3 grounds; or 

4 ‘‘(2) working with another public or nonprofit 

5 agency that serves children. 

6 ‘‘(e) PARENTAL RIGHTS.—Notwithstanding any 

7 other provision of this part— 

8 ‘‘(1) no individual (including a parent who edu9 cates a child at home, parent of a public school stu10 dent, or parent of a private school student) shall be 

11 required to participate in any program of parent or 

12 family education or developmental screening under 

13 this part; and 

14 ‘‘(2) a program or center assisted under this 

15 part shall not take any action that infringes in any 

16 manner on the right of a parent to direct the edu17 cation of such parent’s child.’’. 

18 SEC. 4110. PROGRAMS OF NATIONAL SIGNIFICANCE. 

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

20 (1) by redesignating subpart 1 of part D of title 

21 V as part J of title IV, and transferring such part 

22 J so as to follow part I of title IV, as redesignated 

23 by section 2101(a) of this Act; 

24 (2) in part J of title IV, as redesignated under 

25 paragraph (1), by striking the heading and inserting 


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1 the following: ‘‘PROGRAMS OF NATIONAL SIG2 NIFICANCE’’; 

3 (3) by striking section 5414; 

4 (4) by redesignating sections 5411, 5412, and 

5 5413, as sections 4905, 4906, and 4907, respec6 tively; 

7 (5) in section 4905, as redesignated under 

8 paragraph (4)— 

9 (A) in subsection (a)— 

10 (i) by striking ‘‘challenging State aca11 demic content and student academic 

12 achievement standards’’ and inserting ‘‘col13 lege and career ready academic content 

14 and student academic achievement stand15 ards under section 1111(a)(1)’’; and 

16 (ii) by inserting ‘‘nonprofit’’ before 

17 ‘‘private’’; and 

18 (B) by striking subsection (b), and insert19 ing the following: 

20 ‘‘(b) USES OF FUNDS.—A nonprofit entity receiving 

21 a grant under subsection (a) shall use the grant funds to 

22 carry out 1 of the following activities: 

23 ‘‘(1) Providing funding for economically dis24 advantaged students, including students from mili25 tary families and recent immigrants, and their 


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1 teachers, to participate in programs based in Wash2 ington, DC, that increase civic responsibility and un3 derstanding of the Federal Government among 

4 young people. 

5 ‘‘(2) Developing, implementing, evaluating, and 

6 disseminating innovative, research-based approaches 

7 to civic learning, which may include hands-on civic 

8 engagement activities, for low-income elementary 

9 school and secondary school students that dem10 onstrate innovation, scalability, accountability, and a 

11 focus on underserved populations. 

12 ‘‘(3) Supporting a national principal and teach13 er certification process that provides a framework 

14 for measuring and improving teaching and instruc15 tional leadership with a focus on educators working 

16 in schools that are eligible for funding under part A 

17 of title I, including comprehensive rigorous teaching 

18 standards, leadership standards, and high-quality 

19 metrics designed to reward educator effectiveness 

20 and inform and deliver high-quality professional de21 velopment for all educators. 

22 ‘‘(4) Creating a national teacher corps of out23 standing college graduates to teach in underserved 

24 communities in order to— 


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1 ‘‘(A) increase the supply of effective teach2 ers in low-income communities; and 

3 ‘‘(B) provide and support the retention of 

4 teachers for high-need fields. 

5 ‘‘(5) Supporting a national network of providers 

6 of high-quality, evidence-based professional develop7 ment in writing instruction for teachers across all 

8 academic subjects and grades. 

9 ‘‘(6) Encouraging parents and caregivers to 

10 read aloud to their children by supporting programs 

11 through which, during pediatric exams, doctors and 

12 nurses train parents and caregivers who may not be 

13 skilled readers. 

14 ‘‘(7) Supporting the research and implementa15 tion of highly effective, evidence-based strategies, in16 structional and other wise, and the expansion of pro17 grams designed to engage and support students who 

18 are recent immigrant and students with interrupted 

19 formal education, and families of such students, in 

20 order to improve the language acquisition and aca21 demic achievement of such students. 

22 ‘‘(8) Researching and promoting the use of in23 structional technology and strategies across all con24 tent areas that will drastically accelerate the lan25 guage acquisition in English learners and will supVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00781 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 port English learners as they access rigorous aca2 demic content. 

3 ‘‘(9) Preparing young children from low-income 

4 families for reading success by the third grade by— 

5 ‘‘(A) distributing inexpensive books; 

6 ‘‘(B) training volunteers to serve at-risk 

7 children; 

8 ‘‘(C) developing motivational literacy ac9 tivities for at-risk children; and 

10 ‘‘(D) providing information on literacy re11 sources, such as those provided by local librar12 ies and other community-based organizations. 

13 ‘‘(10) Supporting model projects and programs 

14 that encourage involvement in the performing and 

15 visual arts, for— 

16 ‘‘(A) persons with disabilities, by— 

17 ‘‘(i) increasing access to all forms of 

18 the arts for all persons, including those liv19 ing with intellectual, physical, and sensory 

20 disabilities; and 

21 ‘‘(ii) fostering a greater awareness of 

22 the need for arts programs for individuals 

23 with disabilities; and 

24 ‘‘(B) children, youth, and educators. 


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1 ‘‘(11) Implementing a coordinated program of 

2 scientifically based research, demonstration projects, 

3 innovative strategies, and professional development 

4 for teachers and other instructional leaders working 

5 in high-poverty schools to— 

6 ‘‘(A) enhance the ability of educators to 

7 meet the special educational needs of gifted and 

8 talented students, including high-ability stu9 dents who have not been formally identified as 

10 gifted; and 

11 ‘‘(B) prioritize students who have been 

12 underrepresented in gifted education programs, 

13 including students who are economically dis14 advantaged, of minority backgrounds, English 

15 learners, students with disabilities, and students 

16 in rural communities. 

17 ‘‘(12) Supporting the research and implementa18 tion of highly effective, evidence-based strategies and 

19 the expansion of programs designed to engage and 

20 support students who experience homelessness, or 

21 are at risk of homelessness, and families of such stu22 dents, in order to improve social and emotional well23 being, health outcomes, and academic achievement 

24 of such students. 


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1 ‘‘(13) Providing social, emotional, and academic 

2 support to students from military families, and fami3 lies of such students, by— 

4 ‘‘(A) developing, implementing, evaluating, 

5 and disseminating innovative, research-based 

6 approaches to providing early intervening serv7 ices that mitigate the effect of deployment of 

8 family members; 

9 ‘‘(B) providing training to teachers and 

10 volunteers on the unique needs of such stu11 dents; and 

12 ‘‘(C) supporting model projects and pro13 grams for tutoring and counseling. 

14 ‘‘(14) Developing, implementing, evaluating, 

15 and disseminating innovative, research-based ap16 proaches to teaching financial literacy, which may 

17 include curriculum and hands-on activities, for low18 income elementary school and secondary school stu19 dents that demonstrate innovation, scalability, ac20 countability, and a focus on underserved popu21 lations. 

22 ‘‘(15) Promoting gender equity in education by 

23 supporting educational agencies and institutions in 

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1 cation Amendments of 1972 (20 U.S.C. 1681 et 

2 seq.). 

3 ‘‘(16) Other high-quality, nationally significant 

4 programs that meet the purposes of this Act.’’; 

5 (6) in section 4906(c), as redesignated under 

6 paragraph (4), by striking ‘‘and in recognizing 

7 States, local educational agencies, and schools under 

8 section 5411(b)(3), only if funds are used for such 

9 recognition programs’’; 

10 (7) in section 4907, as redesignated under 

11 paragraph (4)— 

12 (A) in subsection (a)(1), by striking 

13 ‘‘5412’’ and inserting ‘‘4906’’; and 

14 (B) by striking subsection (d); and 

15 (8) in each of sections 4905, 4906, and 4907, 

16 as redesignated under paragraph (4), by striking 

17 ‘‘subpart’’ each place the term appears and inserting 

18 ‘‘part’’. 

19 SEC. 4111. COMPETENCY-BASED ASSESSMENT AND AC20 COUNTABILITY DEMONSTRATION AUTHOR21 ITY. 

22 Title IV (20 U.S.C. 7101 et seq.) is amended by in23 serting after part J, as redesignated under section 

24 4110(1), the following: 


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1 ‘‘PART K—COMPETENCY-BASED ASSESSMENT 

2 AND ACCOUNTABILITY DEMONSTRATION AU3 THORITY 

4 ‘‘SEC. 4909. COMPETENCY-BASED ASSESSMENT AND AC5 COUNTABILITY DEMONSTRATION. 

6 ‘‘(a) DEFINITIONS.—In this part: 

7 ‘‘(1) COLLEGE AND CAREER READY STAND8 ARDS.—The term ‘college and career ready stand9 ards’ means the academic content and student aca10 demic achievement standards adopted by a State 

11 under section 1111(a)(1). 

12 ‘‘(2) COMPETENCY.—The term ‘competency’ 

13 means a target for student learning representing key 

14 content-specific concepts and higher order skills, 

15 such as critical thinking, problem solving, and self16 directed learning that is— 

17 ‘‘(A) applied within or across content do18 mains; and 

19 ‘‘(B) aligned with college and career ready 

20 standards. 

21 ‘‘(3) CORE INDICATORS.—The term ‘core indi22 cators’ means— 

23 ‘‘(A) State academic assessments that 

24 meet the requirements of section 1111(a)(2)(B) 

25 and that provide data that can be compared 


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1 with data regarding the State academic assess2 ments required under section 1111(a)(2); and 

3 ‘‘(B) State graduation rates. 

4 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en5 tity’ means a State educational agency or consor6 tium of State educational agencies. 

7 ‘‘(5) MASTERY.—The term ‘mastery’ means a 

8 level of knowledge or skill development demonstrated 

9 by a student signifying that the student has met a 

10 standard and is prepared to progress to a subse11 quent standard. 

12 ‘‘(6) PERFORMANCE ASSESSMENT.—The term 

13 ‘performance assessment’ means a multi-step assess14 ment that— 

15 ‘‘(A) includes complex activities with clear 

16 criteria, expectations, and processes that enable 

17 students to interact with meaningful content; 

18 and 

19 ‘‘(B) measures the depth at which students 

20 learn content and apply complex skills to create 

21 or refine an original product or solution. 

22 ‘‘(7) UNIVERSAL DESIGN.—The term ‘universal 

23 design’ has the meaning given the term in section 

24 3(a) of the Assistive Technology Act of 1998 (29 

25 U.S.C. 3002(a)). 


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1 ‘‘(b) DEMONSTRATION AUTHORITY.— 

2 ‘‘(1) IN GENERAL.—The Secretary may provide 

3 eligible entities, in accordance with paragraph (3), 

4 with the authority to incorporate competency-based 

5 accountability into the State accountability system 

6 required under section 1111(a)(3) in accordance 

7 with an application approved under subsection (c). 

8 ‘‘(2) DEMONSTRATION PERIOD.—Each award of 

9 demonstration authority under this part shall be for 

10 a period of 3 years. 

11 ‘‘(3) INITIAL DEMONSTRATION AUTHORITY; EX12 PANSION; RENEWAL.— 

13 ‘‘(A) INITIAL LIMIT.—During the initial 3- 

14 year period of demonstration authority under 

15 this section, the Secretary may not provide 

16 more than 3 eligible entities with the authority 

17 described in paragraph (1). 

18 ‘‘(B) EXPANSION OF DEMONSTRATION AU19 THORITY.—After the end of the initial dem20 onstration period described in subparagraph 

21 (A), the Secretary may provide additional eligi22 ble entities with demonstration authority de23 scribed in paragraph (1), subject to each of the 

24 requirements of this part as applicable, if the 

25 Secretary determines that the demonstration 


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1 authority provided under this part during the 

2 initial demonstration period has effectively sup3 ported student progress on core indicators 

4 among students served by the eligible entities, 

5 including subgroups of students described in 

6 section 1111(a)(3)(D). 

7 ‘‘(C) RENEWAL REQUIREMENTS.—The 

8 Secretary may renew an award of demonstra9 tion authority under this part for additional 2- 

10 year periods if the eligible entity demonstrates 

11 progress on core indicators. 

12 ‘‘(c) APPLICATIONS.—To be eligible to participate in 

13 the demonstration under this part, an eligible entity shall 

14 submit an application to the Secretary at such time, in 

15 such manner, and containing such information as the Sec16 retary may require, that describes the competency-based 

17 accountability system that will be used by the eligible enti18 ty, including— 

19 ‘‘(1) an assurance that the competency-based 

20 accountability system will only utilize summative as21 sessments for accountability purposes that— 

22 ‘‘(A) are determined by the Secretary to 

23 provide comparable data across the eligible enti24 ty, demonstrate inter-rater reliability, and meet 


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1 the requirements for assessments described in 

2 section 1111(a)(2)(B); 

3 ‘‘(B) have been field-tested; 

4 ‘‘(C) are aligned to college and career 

5 ready standards and State-approved com6 petencies; 

7 ‘‘(D) have been developed in collaboration 

8 with stakeholders representing the interests of 

9 students with disabilities, English learners, and 

10 civil rights organizations in the State, as dem11 onstrated through modifications made to the as12 sessments resulting from such collaboration; 

13 and 

14 ‘‘(E) incorporate the principles of universal 

15 design; 

16 ‘‘(2) how the competency-based accountability 

17 system will— 

18 ‘‘(A) incorporate a system of formative, in19 terim, and summative assessments, including 

20 the use of performance assessments and other 

21 sources of evidence of student learning that de22 termine mastery of State-approved com23 petencies aligned to college and career ready 

24 standards and competencies; 


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1 ‘‘(B) allow students to demonstrate 

2 progress toward mastery of such standards and 

3 State-approved competencies; 

4 ‘‘(C) assess mastery of State-approved 

5 competencies when students are ready to dem6 onstrate mastery of such standards and com7 petencies; 

8 ‘‘(D) provide students with multiple oppor9 tunities to demonstrate mastery of such stand10 ards and competencies; 

11 ‘‘(E) ensure that summative assessments 

12 comply with the requirements for academic as13 sessments, as described in section 

14 1111(a)(2)(B), while engaging and supporting 

15 teachers in scoring assessments, including the 

16 use of high quality professional development, 

17 standardized and calibrated scoring rubrics, and 

18 other strategies to ensure inter-rater reliability 

19 and comparability of determinations of mastery 

20 across the State; 

21 ‘‘(F) provide educators, students, and par22 ents with real-time data to inform instructional 

23 practice and continuously improve student per24 formance; 


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1 ‘‘(G) be used in conjunction with the ac2 countability requirements described in section 

3 1111(a)(3) and section 1116 to improve the 

4 academic outcomes of focus schools identified 

5 under section 1116(c), priority schools identi6 fied under section 1116(d), and all other 

7 schools that fail to meet the school performance 

8 targets, established in accordance with section 

9 1111(a)(3)(C), for any subgroup described in 

10 section 1111(a)(3)(D); 

11 ‘‘(H) require not less than 1 year of aca12 demic growth within a school year for each stu13 dent and assure instructional support and tar14 geted intervention are in place for those stu15 dents performing below their peers; and 

16 ‘‘(I) only utilize a student’s individualized 

17 education program, as defined in section 602 of 

18 the Individuals with Disabilities Education Act, 

19 for purposes specifically allowed under such 

20 Act; 

21 ‘‘(3) the eligible entity’s plan to— 

22 ‘‘(A) ensure that all students, including 

23 each student subgroup described in section 

24 1111(a)(3)(D)— 


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1 ‘‘(i) are held to the same high stand2 ard; 

3 ‘‘(ii) demonstrate annually, at a min4 imum, at least 1 year of academic growth 

5 consistent with the requirement in section 

6 1111(a)(3)(B); and 

7 ‘‘(iii) receive the instructional support 

8 needed to attain mastery of college and ca9 reer ready standards and State-approved 

10 competencies; 

11 ‘‘(B) train local educational agency and 

12 school staff to implement the assessments de13 scribed in paragraph (2)(A); 

14 ‘‘(C) acclimate students to the new assess15 ment and accountability systems; and 

16 ‘‘(D) ensure that each local educational 

17 agency has the technological infrastructure to 

18 operate the competency-based accountability 

19 system described in this section; and 

20 ‘‘(4) a description of how instruction and pro21 fessional development will be enhanced within the 

22 competency-based system to personalize the edu23 cational experience for each student to ensure all 

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1 mined in accordance with State academic achieve2 ment standards under section 1111(a)(1). 

3 ‘‘(d) PEER REVIEW.—The Secretary shall— 

4 ‘‘(1) implement a peer review process, which 

5 shall include a review team comprised of practi6 tioners and experts who are knowledgeable about 

7 competency-based learning systems, to inform the 

8 awarding of the demonstration authority under this 

9 part; and 

10 ‘‘(2) make publicly available the applications 

11 submitted under subsection (c) and the peer com12 ments and recommendations on such applications. 

13 ‘‘(e) DEMONSTRATION AUTHORITY WITHDRAWN.— 

14 The Secretary may withdraw the demonstration authority 

15 provided to an eligible entity under this part if— 

16 ‘‘(1) at any point after the first 2 years of the 

17 3-year demonstration period described in subsection 

18 (b)(2), the Secretary determines that student per19 formance for all students served by the eligible enti20 ty or any student subgroup described under section 

21 1111(a)(3)(D) has declined on core indicators; or 

22 ‘‘(2) after providing a State with a renewal of 

23 demonstration authority under subsection (b)(3), the 

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1 secutive years during the State’s participation in the 

2 demonstration under this part. 

3 ‘‘(f) DISSEMINATION OF BEST PRACTICES.—The 

4 Secretary shall disseminate best practices on the imple5 mentation of competency-based accountability systems, in6 cluding on— 

7 ‘‘(1) the effective use of formative, interim, and 

8 summative assessments to inform instruction; 

9 ‘‘(2) the development of summative assessments 

10 that meet the requirements of section 

11 1111(a)(2)(B), can be compared with the State as12 sessments required under section 1111(a)(2), and 

13 include assessment tasks that determine mastery of 

14 State-approved competencies aligned to college and 

15 career ready standards; and 

16 ‘‘(3) the development of standardized and cali17 brated scoring rubrics, and other strategies to en18 sure inter-rater reliability and comparability of de19 terminations of mastery across the State.’’. 

20 TITLE V—PROMOTING 

21 INNOVATION 

22 SEC. 5001. PROMOTING INNOVATION. 

23 Title V (20 U.S.C. 7201 et seq.) is amended by strik24 ing the title heading and inserting the following: 


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1 ‘‘TITLE V—PROMOTING 

2 INNOVATION’’. 

3 PART A—RACE TO THE TOP 

4 SEC. 5101. RACE TO THE TOP. 

5 Part A of title V (20 U.S.C. 7201 et seq.) is amended 

6 to read as follows: 

7 ‘‘PART A—RACE TO THE TOP 

8 ‘‘SEC. 5101. PURPOSES. 

9 ‘‘The purposes of this part are to provide incentives 

10 for States and high-need local educational agencies to im11 plement comprehensive reforms and innovative strategies 

12 that are designed to lead to— 

13 ‘‘(1) significant improvements in outcomes for 

14 all students, including improvements in student 

15 readiness, student academic achievement, high 

16 school graduation rates, and rates of student enroll17 ment, persistence, and completion in institutions of 

18 higher education; and 

19 ‘‘(2) significant reductions in achievement gaps 

20 between the groups of students described in section 

21 1111(a)(2)(B)(x). 

22 ‘‘SEC. 5102. RESERVATION OF FUNDS. 

23 ‘‘From amounts made available to carry out this part 

24 for a fiscal year, the Secretary may reserve not more than 

25 5 percent to carry out activities in accordance with this 


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1 part related to technical assistance, evaluation, outreach, 

2 and dissemination. 

3 ‘‘SEC. 5103. RACE TO THE TOP PROGRAM. 

4 ‘‘(a) PROGRAM AUTHORIZED.— 

5 ‘‘(1) IN GENERAL.—For each fiscal year for 

6 which funds are appropriated under this part and 

7 from such funds that are not reserved under section 

8 5102, the Secretary shall, in accordance with para9 graph (2), determine the educational goals that are 

10 the greatest priority for the United States and 

11 award grants, through a grant competition, to eligi12 ble entities to enable such eligible entities to carry 

13 out comprehensive reforms and innovative strategies 

14 in furtherance of such goals. 

15 ‘‘(2) SELECTION OF GOALS AND CATEGORIES

16 OF ENTITIES.— 

17 ‘‘(A) IN GENERAL.—The Secretary shall 

18 determine the priorities for grants awarded 

19 through a grant competition under this part by 

20 selecting in advance of the application period— 

21 ‘‘(i) 1 or more categories of entities 

22 described in paragraph (3) that may apply 

23 for and receive the grants through such 

24 grant competition; and 


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1 ‘‘(ii) 1 or more goals described in 

2 paragraph (4) to be supported under the 

3 grants. 

4 ‘‘(B) ANNOUNCEMENT.—The Secretary 

5 shall ensure that information regarding the se6 lections of goals and categories of entities for 

7 the grants under this part for an upcoming 

8 grant competition is made widely available to el9 igible entities and that the eligible entities will 

10 have sufficient time to prepare a grant applica11 tion based on the Secretary’s decisions for the 

12 upcoming grant competition. 

13 ‘‘(3) ELIGIBLE ENTITIES.—The categories of 

14 entities that may be selected for grants under this 

15 part are the following: 

16 ‘‘(A) A State. 

17 ‘‘(B) A high-need local educational agency. 

18 ‘‘(C) A consortium of States. 

19 ‘‘(D) A consortium of high-need local edu20 cational agencies. 

21 ‘‘(4) EDUCATIONAL GOALS.—The goals that the 

22 Secretary shall select to support through grants 

23 under this part are 1 or more of the following: 


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1 ‘‘(A) Increasing the access of children from 

2 low-income families to highly rated teachers and 

3 school leaders, including by— 

4 ‘‘(i) developing and implementing a 

5 professional growth and improvement sys6 tem; 

7 ‘‘(ii) improving the effectiveness of 

8 teachers (including early childhood edu9 cation educators) and school leaders, in10 cluding through high-quality preparation, 

11 recruitment, professional development, 

12 evaluation, and other personnel policies; 

13 and 

14 ‘‘(iii) ensuring that all teachers are 

15 prepared to effectively serve the needs of 

16 students who are children with disabilities 

17 or English learners, particularly through 

18 the general education curriculum. 

19 ‘‘(B) Strengthening the availability and 

20 use of high-quality and timely data to improve 

21 instructional practices, policies, and student 

22 outcomes. 

23 ‘‘(C) Implementing— 

24 ‘‘(i) elementary and secondary school 

25 academic standards that prepare students 


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1 to be college and career ready, in accord2 ance with section 1111(a)(1); and 

3 ‘‘(ii) strategies that translate such 

4 standards into classroom practice, includ5 ing in the areas of assessment, instruc6 tional materials, and professional develop7 ment. 

8 ‘‘(D) Turning around the schools served by 

9 the eligible entity that are identified through a 

10 State’s accountability and improvement system 

11 under subsection (c) or (d) of section 1116. 

12 ‘‘(E) Creating successful conditions for the 

13 creation, expansion, and replication of high-per14 forming public charter schools and the creation 

15 of new, innovative, and highly autonomous pub16 lic schools that will enroll a large percentage of 

17 students from low-income families. 

18 ‘‘(F) Providing more equitable State and 

19 local resources to high-poverty schools. 

20 ‘‘(G) Improving school readiness by— 

21 ‘‘(i) increasing the number and per22 centage of children from low-income fami23 lies, in each age group of infants, toddlers, 

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1 quality early childhood education pro2 grams; and 

3 ‘‘(ii) designing and implementing an 

4 integrated system of high-quality early 

5 childhood education programs and services 

6 that strengthens the coordination and col7 laboration among Federal, State, and local 

8 early childhood education programs. 

9 ‘‘(b) DURATION OF GRANTS.— 

10 ‘‘(1) IN GENERAL.—Each grant awarded under 

11 this part shall be for a period of not more than 4 

12 years. 

13 ‘‘(2) REQUIREMENTS FOR ADDITIONAL FUND14 ING.—Before receiving funding under any grant 

15 under this part for the second or any subsequent 

16 year of the grant, the eligible entity receiving the 

17 grant shall demonstrate to the Secretary that the el18 igible entity is— 

19 ‘‘(A) making progress in implementing the 

20 plan under section 5104(a)(3) at a rate that the 

21 Secretary determines will result in full imple22 mentation of the plan during the remainder of 

23 the grant period; and 

24 ‘‘(B) making progress, as measured by the 

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1 tablished by the eligible entity under section 

2 5105, at a rate that the Secretary determines 

3 will result in reaching the targets and achieving 

4 the objectives of the grant, during the remain5 der of the grant period. 

6 ‘‘(c) INTERAGENCY AGREEMENT.—The Secretary 

7 shall establish an interagency agreement with the Sec8 retary of Health and Human Services to jointly administer 

9 any grant competition for the goal of improving early 

10 childhood education, as described in subsection (a)(4)(G), 

11 and any grants issued under such grant competition. 

12 ‘‘SEC. 5104. APPLICATION PROCESS. 

13 ‘‘(a) IN GENERAL.—Each eligible entity that desires 

14 to receive a grant under this part shall submit an applica15 tion to the Secretary at such time, in such manner, and 

16 containing such information as the Secretary may reason17 ably require. At a minimum, each such application shall 

18 include the following: 

19 ‘‘(1) Documentation of the eligible entity’s 

20 record, as applicable, in the areas to be measured by 

21 the performance measures identified by the Sec22 retary under section 5105(2). 

23 ‘‘(2) Evidence of conditions of innovation and 

24 reform that the eligible entity has established and 


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1 the eligible entity’s plan for implementing additional 

2 conditions for innovation and reform, including— 

3 ‘‘(A) a description of how the eligible enti4 ty has identified and eliminated ineffective 

5 practices in the past, and its plan for doing so 

6 in the future; 

7 ‘‘(B) a description of how the eligible enti8 ty has identified and promoted effective prac9 tices in the past, and its plan for doing so in 

10 the future; and 

11 ‘‘(C) steps the eligible entity has taken and 

12 will take to eliminate statutory, regulatory, pro13 cedural, or other barriers to facilitate the full 

14 implementation of its proposed plan under 

15 paragraph (3). 

16 ‘‘(3) A comprehensive and coherent plan for 

17 using funds under this part, and other Federal, 

18 State, and local funds, to improve the eligible enti19 ty’s performance on the performance measures iden20 tified under section 5105(2), including how the ap21 plicant will implement reforms and innovative strate22 gies to achieve the goals selected by the Secretary 

23 under section 5103(a)(2). 

24 ‘‘(4) In the case of an eligible entity that is de25 scribed in subparagraph (A) or (C) of section 


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1 5103(a)(3), evidence of collaboration among the eli2 gible entity, local educational agencies in the State 

3 (including the local educational agencies partici4 pating in carrying out the plan under paragraph 

5 (3)), schools that are expected to benefit from the 

6 activities under the plan, parents, teachers, and 

7 other stakeholders, in developing and implementing 

8 the plan, including evidence of the commitment and 

9 capacity to implement such plan. 

10 ‘‘(5) In the case of an eligible entity described 

11 in subparagraph (B) or (D) of section 5103(a)(3), 

12 evidence of the eligible entity’s collaboration with its 

13 school leaders, teachers, parents, and other stake14 holders in developing the plan under paragraph (3), 

15 including evidence of the commitment and capacity 

16 to implement that plan. 

17 ‘‘(6) The eligible entity’s annual performance 

18 measures and targets, in accordance with the re19 quirements of section 5105. 

20 ‘‘(b) CRITERIA FOR EVALUATING APPLICATIONS.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall award 

22 grants under this part on a competitive basis, based 

23 on the quality of the applications submitted by eligi24 ble entities. 


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1 ‘‘(2) PUBLICATION OF EXPLANATION.—The 

2 Secretary shall publish an explanation of how the 

3 application review process will ensure an equitable, 

4 transparent, and objective evaluation. 

5 ‘‘(c) PRIORITY.—In awarding grants under this part, 

6 the Secretary shall— 

7 ‘‘(1) give priority to any eligible entity de8 scribed in subparagraph (B) or (D) of section 

9 5103(a)(3) that serves a school designated with a 

10 school locale code of 33, 41, 42, or 43, as deter11 mined by the Secretary; and 

12 ‘‘(2) for any grant competition under this part 

13 for the goal of improving early childhood education, 

14 as described in section 5103(a)(4)(G), give priority 

15 to any eligible entity that provides a full-day kinder16 garten program to all kindergarten students, or to 

17 all kindergarten students from low-income families, 

18 served by the eligible entity. 

19 ‘‘SEC. 5105. PERFORMANCE MEASURES. 

20 ‘‘Each eligible entity receiving a grant under this part 

21 shall establish, subject to approval by the Secretary, an22 nual performance measures and targets for the programs 

23 and activities carried out under this part. Such perform24 ance measures and targets shall, at a minimum, track the 

25 eligible entity’s progress in— 


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1 ‘‘(1) implementing the plan described in section 

2 5104(a)(3); and 

3 ‘‘(2) making progress on any other performance 

4 measure identified by the Secretary. 

5 ‘‘SEC. 5106. USES OF FUNDS. 

6 ‘‘(a) USE OF STATE GRANT FUNDS.— 

7 ‘‘(1) IN GENERAL.—Each eligible entity de8 scribed in subparagraph (A) or (C) of section 

9 5103(a)(3) that receives a grant under this part 

10 shall— 

11 ‘‘(A) except as provided in paragraph (3), 

12 use not less than 50 percent of the grant funds 

13 to award subgrants under paragraph (2) to the 

14 local educational agencies that will participate 

15 in the plan for any purpose included in the eli16 gible entity’s plan described in section 

17 5104(a)(3); and 

18 ‘‘(B) use any amount of the grant not dis19 tributed under subparagraph (A) for any pur20 pose included in the eligible entity’s plan. 

21 ‘‘(2) AMOUNT OF SUBGRANTS.—For a fiscal 

22 year, the amount of a subgrant under paragraph 

23 (1)(A) for a local educational agency that will par24 ticipate in the eligible entity’s plan shall bear the 

25 same relation to the amount available for all such 


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1 subgrants by the eligible entity for such year, as the 

2 amount made available to the local educational agen3 cy under part A of title I for the most recent year 

4 for which such data are available bears to the total 

5 amount made available for such year to all local edu6 cational agencies selected to participate in the eligi7 ble entity’s plan. 

8 ‘‘(3) EXCEPTION.—An eligible entity described 

9 in subparagraph (A) or (C) of section 5103(a)(3) 

10 that receives a grant under this part for the goal of 

11 improving early childhood education, as described in 

12 section 5103(a)(4)(G)— 

13 ‘‘(A) shall not be subject to the require14 ments of paragraph (1)(A); and 

15 ‘‘(B) may use grant funds to award sub16 grants to public or private nonprofit agencies 

17 and organizations for activities consistent with 

18 any purpose included in the eligible entity’s 

19 plan described in section 5104(a)(3). 

20 ‘‘(b) USE OF SUBGRANT FUNDS.—Each local edu21 cational agency or public or private nonprofit agency or 

22 organization that receives a subgrant under paragraph 

23 (1)(A) or (3)(B) of subsection (a) from an eligible entity 

24 shall use subgrant funds for any purpose included in the 


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1 eligible entity’s plan described in section 5104(a)(3), sub2 ject to any requirements of the eligible entity. 

3 ‘‘(c) USE OF HIGH-NEED LOCAL EDUCATIONAL

4 AGENCY GRANT FUNDS.—Each eligible entity described 

5 in subparagraph (B) or (D) of section 5103(a)(3) that re6 ceives a grant under this part shall use such funds for 

7 any purpose included in the eligible entity’s plan described 

8 in section 5104(a)(3). 

9 ‘‘(d) SPECIAL RULE.— 

10 ‘‘(1) LIMITATION ON USE OF FUNDS.—Notwith11 standing any other provision of this section, grant or 

12 subgrant funds under this part shall only be used to 

13 fund a program or activity that is an allowable use 

14 of funds under another section of this Act (excluding 

15 this part and section 8007, as amended by section 

16 8004 of the Strengthening America’s Schools Act of 

17 2013), the Individuals with Disabilities Education 

18 Act, the Adult Education and Family Literacy Act, 

19 or the Carl D. Perkins Career and Technical Edu20 cation Act of 2006, except that grant or subgrant 

21 funds for the goal of improving early childhood edu22 cation, as described in section 5103(a)(4)(G), may 

23 also be used to fund a program or activity that is 

24 an allowable use of funds under the Head Start Act 


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1 or the Child Care and Development Block Grant Act 

2 of 1990. 

3 ‘‘(2) LIMITATION OF USE OF FUNDS FOR EARLY

4 CHILDHOOD EDUCATION PROGRAMS.—Grant or 

5 subgrant funds under this part that are used to im6 prove early childhood education programs shall not 

7 be used to carry out any of the following activities: 

8 ‘‘(A) Assessments that provide rewards or 

9 sanctions for individual children or teachers. 

10 ‘‘(B) A single assessment that is used as 

11 the primary or sole method for assessing pro12 gram effectiveness. 

13 ‘‘(C) Evaluating children, other than for 

14 the purposes of improving instruction, class15 room environment, professional development, or 

16 parent and family engagement, or program im17 provement. 

18 ‘‘SEC. 5107. REPORTING. 

19 ‘‘(a) ANNUAL REPORT.—An eligible entity that re20 ceives a grant under this part shall submit to the Sec21 retary, at such time and in such manner as the Secretary 

22 may require, an annual report including, at a minimum— 

23 ‘‘(1) data on the eligible entity’s progress in 

24 achieving the targets for the annual performance 


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1 measures and targets established under section 

2 5105; and 

3 ‘‘(2) a description of the challenges the eligible 

4 entity has faced in implementing its program under 

5 this part, and how the eligible entity has addressed, 

6 or plans to address, such challenges. 

7 ‘‘(b) LOCAL REPORT.—Each local educational agency 

8 and each public or private nonprofit agency or organiza9 tion that receives a subgrant from an eligible entity under 

10 section 5106(a) shall submit to the eligible entity such in11 formation as the eligible entity may require to complete 

12 the annual report required by subsection (a).’’. 

13 PART B—INVESTING IN INNOVATION 

14 SEC. 5201. INVESTING IN INNOVATION. 

15 Part B of title V (20 U.S.C. 7221 et seq.) is amended 

16 to read as follows: 

17 ‘‘PART B—INVESTING IN INNOVATION 

18 ‘‘SEC. 5201. PURPOSES. 

19 ‘‘The purposes of this part are to— 

20 ‘‘(1) fund the identification, development, eval21 uation, and expansion of innovative, research- and 

22 evidence-based practices, programs, and strategies in 

23 order to significantly— 

24 ‘‘(A) increase student academic achieve25 ment and close achievement gaps; 


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1 ‘‘(B) increase high school graduation rates; 

2 ‘‘(C) increase college enrollment readiness 

3 and rates of college enrollment; 

4 ‘‘(D) improve teacher and school leader ef5 fectiveness; and 

6 ‘‘(E) improve school readiness and 

7 strengthen collaboration and coordination 

8 among elementary schools and early childhood 

9 care and education; and 

10 ‘‘(2) support the rapid development, expansion, 

11 adoption, and implementation of tools and resources 

12 that improve the efficiency, effectiveness, or pace of 

13 adoption of such educational practices, programs, 

14 and strategies. 

15 ‘‘SEC. 5202. RESERVATIONS. 

16 ‘‘(a) ARPA-ED.—The Secretary may reserve not 

17 more than 30 percent of the funds appropriated under sec18 tion 3(u) for each fiscal year to carry out the activities 

19 of the Advanced Research Projects Agency-Education es20 tablished under section 221 of the Department of Edu21 cation Organization Act, except that the amount so re22 served for any fiscal year shall not exceed $100,000,000. 

23 ‘‘(b) NATIONAL ACTIVITIES.—The Secretary may re24 serve not more than 5 percent of the funds appropriated 


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1 under section 3(u) for any fiscal year to carry out activi2 ties of national significance. Such activities may include— 

3 ‘‘(1) capacity-building; 

4 ‘‘(2) technical assistance; 

5 ‘‘(3) dissemination of best practices developed 

6 with grant funds provided under this part; and 

7 ‘‘(4) carrying out prize awards consistent with 

8 section 24 of the Stevenson-Wydler Technology In9 novation Act of 1980 (15 U.S.C. 3719). 

10 ‘‘(c) AVAILABILITY OF FUNDS.—Funds for the activi11 ties described in subsection (a), and for prize awards 

12 under subsection (b)(4), shall be available until expended. 

13 ‘‘SEC. 5203. PROGRAM AUTHORIZED; LENGTH OF GRANTS; 

14 PRIORITIES. 

15 ‘‘(a) PROGRAM AUTHORIZATION.— 

16 ‘‘(1) IN GENERAL.—From amounts made avail17 able to carry out this part and not reserved under 

18 section 5202 for a fiscal year, the Secretary shall 

19 award grants, on a competitive basis, to eligible enti20 ties. 

21 ‘‘(2) ELIGIBLE ENTITY.—In this part, the term 

22 ‘eligible entity’ means— 

23 ‘‘(A) a local educational agency or a con24 sortium of local educational agencies; or 


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1 ‘‘(B) a partnership between a nonprofit or2 ganization or an educational service agency 

3 and— 

4 ‘‘(i) 1 or more local educational agen5 cies; or 

6 ‘‘(ii) a consortium of public schools. 

7 ‘‘(b) DURATION OF GRANTS.—The Secretary— 

8 ‘‘(1) shall award grants under this part for a 

9 period of not more than 3 years; and 

10 ‘‘(2) may extend such grants for an additional 

11 2-year period if the grantee demonstrates to the Sec12 retary that it is making significant progress on the 

13 program performance measures identified in section 

14 5206. 

15 ‘‘(c) RURAL SET-ASIDE.—The Secretary shall ensure 

16 that not less than 22 percent of the funds awarded under 

17 subsection (a) for any fiscal year are for projects that meet 

18 both of the following requirements, except that the Sec19 retary shall not be required to make such awards unless 

20 a sufficient number of otherwise eligible high quality appli21 cations are received: 

22 ‘‘(1) The eligible entity includes— 

23 ‘‘(A) a local educational agency with an 

24 urban-centric district locale code of 32, 33, 41, 

25 42, or 43, as determined by the Secretary; 


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1 ‘‘(B) a consortium of such local edu2 cational agencies; or 

3 ‘‘(C) if the applicant is a partnership, an 

4 educational service agency or a nonprofit orga5 nization with demonstrated expertise in serving 

6 students from rural areas. 

7 ‘‘(2) A majority of the schools to be served by 

8 the project are designated with a school locale code 

9 of 41, 42, or 43, or a combination of such codes, as 

10 determined by the Secretary, and— 

11 ‘‘(A) are served by a local educational 

12 agency in which 20 percent or more of the chil13 dren ages 5 through 17 years old are from fam14 ilies with incomes below the poverty line; 

15 ‘‘(B) are served by a local educational 

16 agency in which the total number of students in 

17 average daily attendance at all of the schools 

18 served by the local educational agency is fewer 

19 than 600; or 

20 ‘‘(C) are served by a local educational 

21 agency located in a county that has a total pop22 ulation density of fewer than 10 persons per 

23 square mile. 

24 ‘‘(d) PRIORITIES.—In awarding grants under this 

25 part, the Secretary shall give priority to an eligible entity 


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1 that includes, in its application under section 5204, a plan 

2 to— 

3 ‘‘(1) address the needs of high-need local edu4 cational agencies; 

5 ‘‘(2) improve school readiness; or 

6 ‘‘(3) address the unique learning needs of stu7 dents who are children with disabilities or English 

8 learners. 

9 ‘‘(e) STANDARDS OF EVIDENCE.—The Secretary 

10 shall set standards for the quality of evidence that an ap11 plicant shall provide in order to demonstrate that the ac12 tivities it proposes to carry out with funds under this part 

13 are likely to succeed in improving student outcomes, in14 cluding, where applicable, academic achievement and grad15 uation rates. These standards shall include the following: 

16 ‘‘(1) Strong evidence that the activities pro17 posed by the applicant will have a statistically sig18 nificant effect on student outcomes. 

19 ‘‘(2) Moderate evidence that the activities pro20 posed by the applicant will improve outcomes. 

21 ‘‘(3) A rationale based on research findings or 

22 a reasonable hypothesis that the activities proposed 

23 by the applicant will improve student outcomes. 

24 ‘‘(f) SUPPORT FOR NEW PRACTICES, STRATEGIES, 

25 OR PROGRAMS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

2 that not less than one-half of the funds awarded 

3 under subsection (a) for any fiscal year are for 

4 projects that— 

5 ‘‘(A) meet an evidence standard described 

6 in paragraph (2) or (3) of subsection (e); and 

7 ‘‘(B) do not meet the evidence standard 

8 described in paragraph (1) of such subsection. 

9 ‘‘(2) EXCEPTION.—The Secretary shall not be 

10 required to make the awards described in paragraph 

11 (1) unless a sufficient number of otherwise eligible 

12 high-quality applications are received. 

13 ‘‘SEC. 5204. APPLICATIONS. 

14 ‘‘Each eligible entity that desires to receive a grant 

15 under this part shall submit an application to the Sec16 retary at such time, in such manner, and containing such 

17 information as the Secretary may reasonably require. At 

18 a minimum, each application shall— 

19 ‘‘(1) describe the project for which the appli20 cant is seeking a grant and how the evidence sup21 porting that project meets the standards of evidence 

22 established by the Secretary under section 5203(e); 

23 ‘‘(2) describe how the applicant will address at 

24 least 1 of the areas described in section 5205(a)(1); 


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1 ‘‘(3) provide an estimate of the number of chil2 dren that the applicant plans to serve under the pro3 posed project, including the percentage of those chil4 dren who are from low-income families; 

5 ‘‘(4) demonstrate that the applicant has estab6 lished 1 or more partnerships with public or private 

7 organizations and that the partner or partners will 

8 provide matching funds, except that the Secretary 

9 may waive the matching funds requirement on a 

10 case-by-case basis, upon a showing of exceptional 

11 circumstances; 

12 ‘‘(5) describe the applicant’s plan for continuing 

13 the proposed project after funding under this part 

14 ends; 

15 ‘‘(6) if the applicant is a local educational agen16 cy— 

17 ‘‘(A) document the local educational agen18 cy’s record during the previous 3 years in— 

19 ‘‘(i) increasing student achievement, 

20 including achievement for each subgroup of 

21 students described in section 

22 1111(a)(2)(B)(x); and 

23 ‘‘(ii) closing achievement gaps; and 

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1 ments in other outcomes, as applicable, on the 

2 performance measures described in section 

3 5206; 

4 ‘‘(7) if the applicant is a partnership that in5 cludes a nonprofit organization or educational serv6 ice agency, provide evidence that the nonprofit orga7 nization or educational service agency has helped at 

8 least 1 school or local educational agency, during the 

9 previous 3 years, significantly— 

10 ‘‘(A) increase student achievement, includ11 ing achievement for each subgroup of students 

12 described in section 1111(a)(2)(B)(x); and 

13 ‘‘(B) close achievement gaps; 

14 ‘‘(8) provide a description of the applicant’s 

15 plan for independently evaluating the effectiveness of 

16 activities carried out with funds under this part; 

17 ‘‘(9) provide an assurance that the applicant 

18 will— 

19 ‘‘(A) cooperate with evaluations, as re20 quested by the Secretary; 

21 ‘‘(B) make data available to third parties 

22 for validation and further study; and 

23 ‘‘(C) participate in communities of prac24 tice; and 


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1 ‘‘(10) if the applicant is a partnership that in2 cludes a nonprofit organization or educational serv3 ice agency that intends to make subgrants, con4 sistent with section 5205(b), provide an assurance 

5 that the applicant will apply paragraphs (1) through 

6 (9), as appropriate, in its selection of subgrantees 

7 and in its oversight of those subgrants. 

8 ‘‘SEC. 5205. USES OF FUNDS. 

9 ‘‘(a) USES OF FUNDS.— 

10 ‘‘(1) MANDATORY USES.—Each eligible entity 

11 that receives a grant under this part shall carry out 

12 the following: 

13 ‘‘(A) Use the grant funds to carry out, at 

14 a minimum, 1 of the following activities: 

15 ‘‘(i) Improving the effectiveness of 

16 teachers and school leaders and increasing 

17 equity in the distribution of effective teach18 ers and school leaders. 

19 ‘‘(ii) Strengthening the use of data to 

20 improve teaching and learning. 

21 ‘‘(iii) Providing high-quality instruc22 tion based on college and career ready 

23 standards and measuring students’ mas24 tery of standards using high-quality assess25 ments aligned with those standards. 


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1 ‘‘(iv) Turning around the lowest-per2 forming schools. 

3 ‘‘(v) Improving school readiness for 

4 students who are low-income, English 

5 learners, or children with disabilities. 

6 ‘‘(vi) Other areas relating to school 

7 improvement consistent with the purposes 

8 of this part, as determined by the Sec9 retary. 

10 ‘‘(B) Use the grant funds to develop or ex11 pand strategies to improve the performance of 

12 high-need students on the applicable perform13 ance measures described in section 5206. 

14 ‘‘(2) PERMISSIVE USE OF FUNDS.—Each eligi15 ble entity that receives a grant under this part may 

16 use the grant funds for an independent evaluation, 

17 as required under section 5204(a)(8), of the innova18 tive practice carried out with the grant. 

19 ‘‘(b) AUTHORITY TO SUBGRANT.— 

20 ‘‘(1) IN GENERAL.—If an eligible entity that re21 ceives a grant under this part includes a nonprofit 

22 organization or educational service agency, such 

23 nonprofit organization or educational service agency 

24 may use the grant funds to award subgrants to 


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1 other entities to provide support to 1 or more 

2 schools or local educational agencies. 

3 ‘‘(2) COMPLIANCE WITH REQUIREMENTS OF

4 GRANTEES.—Each entity awarded a subgrant under 

5 paragraph (1) shall comply with the requirements of 

6 this part relating to grantees, as appropriate. 

7 ‘‘SEC. 5206. PERFORMANCE MEASURES. 

8 ‘‘The Secretary shall establish performance measures 

9 for the programs and activities carried out under this part. 

10 These measures, at a minimum, shall track the grantee’s 

11 progress in improving outcomes for each subgroup of stu12 dents described in section 1111(a)(2)(B)(x) that is served 

13 by the grantee, including, as applicable, by— 

14 ‘‘(1) increasing student achievement and de15 creasing achievement gaps; 

16 ‘‘(2) increasing high school graduation rates; 

17 ‘‘(3) increasing college readiness and rates of 

18 college enrollment; 

19 ‘‘(4) improving teacher and school leader effec20 tiveness; 

21 ‘‘(5) improving school readiness; and 

22 ‘‘(6) any other indicator as the Secretary or 

23 grantee may determine. 


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1 ‘‘SEC. 5207. REPORTING. 

2 ‘‘An eligible entity that receives a grant under this 

3 part shall submit to the Secretary, at such time and in 

4 such manner as the Secretary may require, an annual re5 port that includes, among other things, information on the 

6 entity’s progress on the performance measures established 

7 under section 5206, and the data supporting that 

8 progress.’’. 

9 PART C—MAGNET SCHOOLS ASSISTANCE 

10 SEC. 5301. FINDINGS AND PURPOSE. 

11 Section 5301 (20 U.S.C. 7231) is amended— 

12 (1) in subsection (a)— 

13 (A) by striking paragraph (2) and insert14 ing the following: 

15 ‘‘(2) The use of magnet schools has increased 

16 dramatically since the inception of the magnet 

17 schools assistance program under this Act, with 

18 more than 1,500,000 students nationwide attending 

19 such schools.’’; and 

20 (B) in paragraph (4), by striking subpara21 graph (B) and inserting the following: 

22 ‘‘(B) to ensure that all students have equi23 table access to a high-quality public education 

24 that will prepare them to succeed in a highly 

25 competitive economy comprised of people from 


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1 many different racial and ethnic backgrounds; 

2 and’’; and 

3 (2) in subsection (b)— 

4 (A) in paragraph (2)— 

5 (i) by inserting ‘‘, particularly whole6 school programs,’’ after ‘‘magnet school 

7 programs’’; and 

8 (ii) by striking ‘‘challenging State aca9 demic content standards and student aca10 demic achievement standards’’ and insert11 ing ‘‘college and career ready State aca12 demic content standards and student aca13 demic achievement standards under section 

14 1111(a)(1)’’; and 

15 (B) by striking paragraphs (3) and (4) and 

16 inserting the following: 

17 ‘‘(3) the development and design of evidence18 based educational methods and practices that pro19 mote diversity and increase high-quality public edu20 cational options; 

21 ‘‘(4) courses of instruction within magnet 

22 schools that will substantially increase the college 

23 and career readiness of students attending such 

24 schools;’’. 


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1 SEC. 5302. PROGRAM AUTHORIZED. 

2 Section 5303 (20 U.S.C. 7231b) is amended, in the 

3 matter preceding paragraph (1), by inserting ‘‘competi4 tive’’ after ‘‘to award’’. 

5 SEC. 5303. APPLICATIONS AND REQUIREMENTS. 

6 Section 5305 (20 U.S.C. 7231d) is amended— 

7 (1) by striking subsection (b) and inserting the 

8 following: 

9 ‘‘(b) INFORMATION AND ASSURANCES.—Each appli10 cation submitted under subsection (a) shall include— 

11 ‘‘(1) a description of— 

12 ‘‘(A) how a grant awarded under this part 

13 will be used to— 

14 ‘‘(i) improve student academic 

15 achievement for all students and subgroups 

16 of students described in section 

17 1111(a)(2)(B)(x) attending the magnet 

18 school program; and 

19 ‘‘(ii) promote desegregation, including 

20 how the proposed magnet school program 

21 will increase interaction among students of 

22 different social, economic, ethnic, and ra23 cial backgrounds, including the policies, 

24 programs, and activities aimed at increas25 ing interaction among such students; 


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1 ‘‘(B)(i) a description of the evidence that 

2 the magnet school program that the applicant 

3 proposes to implement would improve student 

4 academic achievement and reduce minority 

5 group isolation; or 

6 ‘‘(ii) if such evidence is not available, a ra7 tionale, based on current research findings, for 

8 how the program would improve student aca9 demic achievement and reduce minority group 

10 isolation; 

11 ‘‘(C) how the applicant will continue the 

12 magnet school program after assistance under 

13 this part is no longer available, and, if applica14 ble, an explanation of why magnet schools es15 tablished or supported by the applicant with 

16 grant funds under this part cannot be contin17 ued without the use of grant funds under this 

18 part; 

19 ‘‘(D) how grant funds under this part will 

20 be used— 

21 ‘‘(i) to improve student academic 

22 achievement for all students attending the 

23 magnet school programs; and 

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1 grams under this Act, and other Acts, as 

2 appropriate; 

3 ‘‘(E) the student application process, and 

4 selection criteria, if any, to be used by the pro5 posed magnet school program; 

6 ‘‘(F) how the applicant will conduct out7 reach and disseminate information about the 

8 proposed magnet school program, including the 

9 application and selection process, in a timely, 

10 clear, and accessible manner to all students and 

11 their parents and families and, to the extent 

12 practicable, in a language they can understand; 

13 and 

14 ‘‘(G) how the applicant will assess, mon15 itor, and evaluate the impact of the activities 

16 funded under this part on student academic 

17 achievement and integration; and 

18 ‘‘(2) assurances that the applicant will— 

19 ‘‘(A) use grant funds under this part for 

20 the purpose specified in section 5301(b); 

21 ‘‘(B) employ highly rated school leaders 

22 and teachers in the courses of instruction as23 sisted under this part; 


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1 ‘‘(C) not engage in discrimination based on 

2 race, religion, color, national origin, sex, or dis3 ability in— 

4 ‘‘(i) the hiring, promotion, or assign5 ment of employees of the applicant or 

6 other personnel for whom the applicant has 

7 any administrative responsibility; 

8 ‘‘(ii) the assignment of students to 

9 schools, or to courses of instruction within 

10 the schools, of such applicant, except to 

11 carry out the approved plan; and 

12 ‘‘(iii) designing or operating extra13 curricular activities for students; 

14 ‘‘(D) carry out a high-quality education 

15 program that will result in greater parent and 

16 family decisionmaking and engagement; and 

17 ‘‘(E) give students residing in the local at18 tendance area of the proposed magnet school 

19 program equitable consideration for placement 

20 in the program, consistent with desegregation 

21 guidelines and the capacity of the applicant to 

22 accommodate the students.’’; and 

23 (2) in subsection (c), by striking ‘‘will be met’’ 

24 and inserting ‘‘are being met’’. 


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1 SEC. 5304. PRIORITY. 

2 Section 5306 (20 U.S.C. 7231e) is amended by strik3 ing paragraphs (1), (2), and (3), and inserting the fol4 lowing: 

5 ‘‘(1) have the highest quality applications and 

6 demonstrate the greatest need for assistance, based 

7 on the expense or difficulty of effectively carrying 

8 out approved desegregation plans and the magnet 

9 school program for which the grant is sought; 

10 ‘‘(2) propose to carry out new magnet school 

11 programs, significantly revise existing magnet school 

12 programs, or significantly expand magnet school 

13 programs, in a manner that— 

14 ‘‘(A) is aligned with other programs that 

15 have demonstrated a record of success in in16 creasing student academic achievement and re17 ducing minority group isolation; or 

18 ‘‘(B) has a strong research basis for im19 proving student academic achievement and re20 ducing minority group isolation; 

21 ‘‘(3) select, or propose to select, students to at22 tend magnet school programs solely or primarily by 

23 lottery, rather than through academic examination 

24 or other selective enrollment methods; and 

25 ‘‘(4) propose to serve the entire student popu26 lation of a school.’’. 


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1 SEC. 5305. USE OF FUNDS. 

2 Section 5307 (20 U.S.C. 7231f) is amended— 

3 (1) in subsection (a), by striking paragraphs 

4 (1) through (7) and inserting the following: 

5 ‘‘(1) for planning, outreach, and promotional 

6 activities directly related to the development, expan7 sion, continuation, or enhancement of academic pro8 grams and services offered at magnet schools; 

9 ‘‘(2) for the acquisition of books, educational 

10 technology, materials, and equipment necessary to 

11 conduct programs in magnet schools; 

12 ‘‘(3) for— 

13 ‘‘(A) the compensation, or subsidization of 

14 the compensation, of elementary school and sec15 ondary school teachers, leaders, and other in16 structional staff who are highly rated; and 

17 ‘‘(B) high-quality professional development 

18 and staff capacity-building activities, including 

19 those designed to recruit, prepare, support, and 

20 retain highly rated school teachers, leaders, and 

21 other instructional staff; 

22 ‘‘(4) with respect to a magnet school program 

23 offered to less than the entire student population of 

24 a school, for instructional activities that are designed 

25 to make available the special curriculum that is of26 fered by the magnet school program to students who 


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1 are enrolled in the school but who are not enrolled 

2 in the magnet school program; 

3 ‘‘(5) for activities, which may include the for4 mation of partnerships with public or nonprofit or5 ganizations, to help enhance the program or promote 

6 parent and family decisionmaking and engagement 

7 that will build the recipient’s capacity to operate 

8 magnet school programs once the grant period has 

9 ended; 

10 ‘‘(6) to enable the local educational agency, or 

11 consortium of such agencies, to have more flexibility 

12 in designing magnet schools for students in all 

13 grades; and 

14 ‘‘(7) for other operational costs that cannot be 

15 met with other State or local sources.’’; and 

16 (2) in subsection (b), by striking ‘‘based on the 

17 State’s challenging academic content standards and 

18 student academic achievement standards or directly 

19 related to improving student reading skills or knowl20 edge of mathematics, science, history, geography, 

21 English, foreign languages, art, or music, or to im22 proving vocational, technological, and professional 

23 skills’’ and inserting ‘‘and making sufficient aca24 demic growth’’. 


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1 SEC. 5306. LIMITATIONS. 

2 Section 5309 (20 U.S.C. 7231h) is amended— 

3 (1) in subsection (a), by striking ‘‘a period that 

4 shall not exceed 3 fiscal years’’ and inserting ‘‘an 

5 initial period of not more than 3 fiscal years, and 

6 may be renewed for not more than an additional 2 

7 years if the Secretary finds that the grantee is 

8 achieving the intended outcomes of the grant and 

9 shows improvement in increasing student academic 

10 achievement and reducing minority-group isolation, 

11 and other indicators of success established by the 

12 Secretary’’; and 

13 (2) in subsection (b)— 

14 (A) by striking ‘‘50’’ and inserting ‘‘40’’; 

15 and 

16 (B) by striking ‘‘15’’ and inserting ‘‘10’’. 

17 SEC. 5307. EVALUATIONS. 

18 Section 5310 (20 U.S.C. 7231i) is amended to read 

19 as follows: 

20 ‘‘SEC. 5310. EVALUATIONS. 

21 ‘‘(a) IMPACT OF ACTIVITIES.—From the amount re22 served for evaluation activities in accordance with section 

23 9601(a), the Secretary, acting through the Director of the 

24 Institute of Education Sciences, shall, in consultation with 

25 the relevant program office at the Department, evaluate 


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1 the implementation and impact of the activities supported 

2 under this part, consistent with section 9601, including— 

3 ‘‘(1) how, and the extent to which, magnet 

4 school programs lead to educational quality and im5 provement; 

6 ‘‘(2) the extent to which magnet school pro7 grams enhance student access to a high quality edu8 cation; 

9 ‘‘(3) the extent to which magnet school pro10 grams lead to the elimination, reduction, or preven11 tion of minority group isolation in elementary 

12 schools and secondary schools with substantial pro13 portions of minority students; and 

14 ‘‘(4) the extent to which magnet school pro15 grams differ from other school programs in terms of 

16 the organizational characteristics and resource allo17 cations of such magnet school programs. 

18 ‘‘(b) DISSEMINATION.—The Secretary shall collect 

19 and disseminate to the general public information on suc20 cessful magnet school programs.’’. 

21 SEC. 5308. AVAILABILITY OF FUNDS FOR GRANTS TO AGEN22 CIES NOT PREVIOUSLY ASSISTED. 

23 Section 5311 (20 U.S.C. 7231j) is amended to read 

24 as follows: 


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1 ‘‘SEC. 5311. AVAILABILITY OF FUNDS FOR GRANTS TO 

2 AGENCIES NOT PREVIOUSLY ASSISTED. 

3 ‘‘For any fiscal year for which the amount appro4 priated pursuant to section 3(v) exceeds $75,000,000, the 

5 Secretary shall give priority in using such amounts in ex6 cess of $75,000,000 to awarding grants to local edu7 cational agencies or consortia of such agencies that did 

8 not receive a grant under this part for the preceding fiscal 

9 year.’’. 

10 PART D—PUBLIC CHARTER SCHOOLS 

11 SEC. 5401. PUBLIC CHARTER SCHOOLS. 

12 Part D of title V (20 U.S.C. 7241 et seq.) is amended 

13 to read as follows: 

14 ‘‘PART D—PUBLIC CHARTER SCHOOLS 

15 ‘‘SEC. 5401. PURPOSE. 

16 ‘‘The purpose of this part is to support the creation, 

17 expansion, and replication of high-performing charter 

18 schools that serve the needs and increase the academic 

19 achievement of all students. 

20 ‘‘SEC. 5402. DISTRIBUTION OF FUNDS. 

21 ‘‘From the funds appropriated to carry out this part 

22 for a fiscal year— 

23 ‘‘(1) 85 percent shall be available to carry out 

24 subpart 1; and 

25 ‘‘(2) 15 percent shall be available to carry out 

26 subpart 2. 


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1 ‘‘Subpart 1—Successful Charter Schools Program 

2 ‘‘SEC. 5411. DEFINITIONS. 

3 ‘‘In this subpart: 

4 ‘‘(1) CHARTER SCHOOL.—The term ‘charter 

5 school’ means a public school that— 

6 ‘‘(A) is governed by a separate and inde7 pendent board that exercises authority over 1 or 

8 more schools, including authority in the areas 

9 of governance, personnel, budget, schedule, and 

10 instructional program; 

11 ‘‘(B) has ongoing, significant autonomy in 

12 the areas of— 

13 ‘‘(i) the hiring, replacement, and sala14 ries of the school staff; 

15 ‘‘(ii) the school budget; 

16 ‘‘(iii) scheduling formats for the 

17 school day and school year; 

18 ‘‘(iv) the instructional programs of the 

19 school, including instructional models and 

20 curricula; and 

21 ‘‘(v) the management and daily oper22 ation of the school; 

23 ‘‘(C) in accordance with a specific State 

24 statute authorizing the granting of charters to 

25 schools, is exempt from significant State or 

26 local rules that inhibit the flexible operation 


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1 and management of public schools, but not 

2 from any rules relating to the other require3 ments of this paragraph; 

4 ‘‘(D) is created by a developer as a public 

5 school, or is adapted by a developer from an ex6 isting public school, and is operated under pub7 lic supervision and direction; 

8 ‘‘(E) operates in pursuit of a specific set of 

9 educational objectives determined by the 

10 school’s developer and agreed to by the charter 

11 school authorizer; 

12 ‘‘(F) provides 1 or more programs of ele13 mentary education, secondary education, or 

14 both, including early childhood education, and 

15 may also provide adult education, in accordance 

16 with State law; 

17 ‘‘(G) is nonsectarian in its programs, ad18 missions policies, employment practices, and all 

19 other operations, and is not affiliated with a 

20 sectarian school or religious institution; 

21 ‘‘(H) does not charge tuition; 

22 ‘‘(I) complies with the Age Discrimination 

23 Act of 1975, title VI of the Civil Rights Act of 

24 1964, title IX of the Education Amendments of 

25 1972, section 504 of the Rehabilitation Act of 


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1 1973, title II of the Americans with Disabilities 

2 Act of 1990, and part B of the Individuals with 

3 Disabilities Education Act; 

4 ‘‘(J) is a school to which parents choose to 

5 send their children, and that admits students 

6 on the basis of a lottery if more students apply 

7 for admission than can be accommodated, ex8 cept as modified by the Secretary by regulation 

9 in accordance with clause (iv) or (v) of section 

10 1116(d)(4)(B); 

11 ‘‘(K) complies with the same Federal and 

12 State audit requirements as do other elemen13 tary schools, secondary schools, and early child14 hood education and adult education programs, 

15 as applicable, in the State, unless such require16 ments are specifically waived for the purpose of 

17 this program; 

18 ‘‘(L) meets all applicable Federal, State, 

19 and local health and safety requirements; 

20 ‘‘(M) operates in accordance with State 

21 law; and 

22 ‘‘(N) has a written performance contract 

23 with a charter school authorizer that includes— 


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1 ‘‘(i) a description of how student per2 formance will be measured on the basis 

3 of— 

4 ‘‘(I) State assessments that are 

5 required of other public schools; and 

6 ‘‘(II) any other assessments that 

7 are mutually agreeable to the charter 

8 school authorizer and the charter 

9 school; 

10 ‘‘(ii) a requirement that student aca11 demic achievement and growth, consistent 

12 with section 1111, for the students en13 rolled at the school as a whole and for each 

14 subgroup described in section 

15 1111(a)(3)(D) will be used as a primary 

16 factor in decisions about the renewal or 

17 revocation of the charter, in addition to 

18 other criteria, as appropriate; 

19 ‘‘(iii) the student academic achieve20 ment and growth, consistent with section 

21 1111, and student retention goals, and, in 

22 the case of a high school, graduation rate 

23 goals for the students enrolled at the 

24 school as a whole and for each subgroup 

25 described in section 1111(a)(3)(D), and 


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1 any other goals to be achieved by the end 

2 of the contract period; 

3 ‘‘(iv) the obligations and responsibil4 ities of the charter school and the charter 

5 school authorizer; and 

6 ‘‘(v) a description of the autonomy 

7 that will be granted to the charter school 

8 in each area described under subparagraph 

9 (B). 

10 ‘‘(2) CHARTER SCHOOL AUTHORIZER.—The 

11 term ‘charter school authorizer’ means any public or 

12 nonprofit entity that has the authority under State 

13 law, and is approved by the Secretary, to authorize 

14 or approve a public charter school. 

15 ‘‘(3) DEVELOPER.—The term ‘developer’ means 

16 any individual, group of individuals, or public non17 profit organization that— 

18 ‘‘(A) has applied for, or been granted, a 

19 charter for a charter school; or 

20 ‘‘(B) has received authorization to start a 

21 charter school. 

22 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en23 tity’ means— 

24 ‘‘(A) a State educational agency; 


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1 ‘‘(B) a local educational agency, except a 

2 charter school that is considered a local edu3 cational agency under State law; 

4 ‘‘(C) a charter school authorizer; or 

5 ‘‘(D) a charter management organization. 

6 ‘‘(5) EXPAND.—The term ‘expand’ means to in7 crease the student enrollment of an existing high8 performing charter school by more than 50 percent 

9 or through the addition of not less than 2 grades to 

10 such existing charter school over the course of a 

11 grant or subgrant under this part. 

12 ‘‘(6) HIGH-PERFORMING CHARTER SCHOOL.— 

13 The term ‘high-performing charter school’ means— 

14 ‘‘(A) in the case of a charter school that 

15 was not open or did not enroll students in the 

16 preceding school year, a charter school that has 

17 a written performance contract with a charter 

18 school authorizer that includes, for the students 

19 enrolled at the school as a whole and for each 

20 subgroup described in section 1111(a)(3)(D) for 

21 the most recent year for which such data are 

22 available— 

23 ‘‘(i) student academic achievement 

24 and growth goals (as measured, in the case 

25 of a charter school that is an elementary 


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1 school or secondary school, by performance 

2 on the statewide academic assessments re3 quired under section 1111(a)(2) and indi4 vidual academic growth, consistent with 

5 section 1111(a)) that are higher than the 

6 average student academic achievement and 

7 growth results, consistent with section 

8 1111, in demographically similar schools in 

9 the State; 

10 ‘‘(ii) student retention goals that are 

11 similar to, or greater than, the average 

12 student retention rates in demographically 

13 similar schools in the State; and 

14 ‘‘(iii) if the charter school is a high 

15 school, goals for graduation rates, rates of 

16 student enrollment at institutions of higher 

17 education, and rates of student persistence 

18 at institutions of higher education that are 

19 higher than such average rates in demo20 graphically similar schools in the State; or 

21 ‘‘(B) in the case of a charter school that 

22 was open and enrolled students for the pre23 ceding school year, a charter school that has, 

24 for the students enrolled at the school as a 

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1 tion 1111(a)(3)(D) for the most recent year for 

2 which such data are available— 

3 ‘‘(i) student academic achievement 

4 and growth results (as measured, in the 

5 case of a charter school that is an elemen6 tary school or secondary school, by per7 formance on the statewide academic as8 sessments required under section 

9 1111(a)(2) and individual academic 

10 growth, consistent with section 1111) that 

11 are significantly higher than the average 

12 student academic achievement and growth 

13 results, consistent with section 1111, in de14 mographically similar schools in the State; 

15 ‘‘(ii) student retention rates that are 

16 similar to or higher than the average stu17 dent retention rates in demographically 

18 similar schools in the State; and 

19 ‘‘(iii) if the school is a high school, 

20 higher graduation rates, rates of student 

21 enrollment at institutions of higher edu22 cation, and rates of student persistence at 

23 institutions of higher education than such 

24 average rates in demographically similar 

25 schools in the State. 


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1 ‘‘(7) REPLICATE.—The term ‘replicate’ means 

2 to open 1 or more new campuses of, or schools based 

3 on, an existing high-performing charter school under 

4 a new or existing charter, or both, over the course 

5 of a grant or subgrant under this part. 

6 ‘‘SEC. 5412. PROGRAM AUTHORIZED. 

7 ‘‘(a) IN GENERAL.—From the amount available to 

8 carry out this subpart, the Secretary shall award grants, 

9 on a competitive basis, to eligible entities to enable such 

10 eligible entities to award subgrants to developers to create, 

11 expand, or replicate 1 or more high-performing charter 

12 schools, including through conversion of an existing public 

13 school into a charter school. 

14 ‘‘(b) ALLOCATIONS.—The Secretary shall use not less 

15 than 25 percent of funds to award grants to eligible enti16 ties described in 5411(4)(A). 

17 ‘‘(c) CONSIDERATIONS.—In awarding grants under 

18 this subpart, the Secretary shall consider— 

19 ‘‘(1) the geographic diversity of the eligible en20 tities, including the distribution of grants among 

21 urban, suburban, and rural areas; and 

22 ‘‘(2) the number of eligible entities in a State 

23 that are receiving grants under this subpart in any 

24 fiscal year. 

25 ‘‘(d) GRANT AMOUNT.— 


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1 ‘‘(1) In determining the amount of each grant 

2 to be awarded under subsection (a), the Secretary 

3 shall consider— 

4 ‘‘(A) the number of operating charter 

5 schools under the jurisdiction or in the service 

6 area of the eligible entity; 

7 ‘‘(B) to the extent practicable, the number 

8 of students, including students on charter 

9 school waiting lists, that will be served by high10 performing charter schools that receive funds 

11 under this subpart; and 

12 ‘‘(C) the amount of funds that is needed to 

13 implement the activities described in the ap14 proved application. 

15 ‘‘(e) DURATION.— 

16 ‘‘(1) IN GENERAL.—Each grant awarded under 

17 this subpart shall be for an initial period of not 

18 more than 3 years. 

19 ‘‘(2) RENEWAL.—The Secretary may renew a 

20 grant awarded under this subpart for an additional 

21 period of not more than 2 years, if the eligible entity 

22 is achieving the objectives of the grant and has 

23 shown improvement on the performance measures 

24 and targets described in section 5417(a). 

25 ‘‘(f) LIMITATIONS.— 


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1 ‘‘(1) GRANTS.—An eligible entity described 

2 under subparagraph (A) of section 5411(4) may not 

3 receive more than 1 grant at a time under this sec4 tion. 

5 ‘‘(2) SUBGRANTS.—A developer may not receive 

6 more than 1 grant or subgrant at a time under this 

7 section. 

8 ‘‘(g) RESERVATIONS.— 

9 ‘‘(1) ADMINISTRATIVE EXPENSES.—An eligible 

10 entity that receives a grant under this subpart may 

11 use not more than a total of 5 percent of grant 

12 funds for administrative expenses associated with 

13 the grant, including for improvement of the eligible 

14 entity’s oversight or management of charter schools. 

15 ‘‘(2) IMPROVING AUTHORIZER QUALITY.—An el16 igible entity described in subparagraph (A), (B), or 

17 (C) of section 5411(4) shall use 5 percent of grant 

18 funds for improving authorizer quality, including 

19 charter school oversight and monitoring systems and 

20 procedures for revoking or not renewing charters. 

21 ‘‘(h) WAIVER.—The Secretary may waive a statutory 

22 or regulatory requirement over which the Secretary exer23 cises administrative authority, except a requirement de24 scribed in section 5411(1), if— 


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1 ‘‘(1) the waiver is requested in an approved ap2 plication under this subpart; and 

3 ‘‘(2) the Secretary determines that granting the 

4 waiver will promote the purpose of this subpart. 

5 ‘‘SEC. 5413. APPLICATIONS. 

6 ‘‘(a) IN GENERAL.—Each eligible entity desiring a 

7 grant under this subpart shall submit an application to 

8 the Secretary at such time, in such manner, and con9 taining such information and assurances as the Secretary 

10 may require. 

11 ‘‘(b) CONTENTS.— 

12 ‘‘(1) ELIGIBLE ENTITIES.—At a minimum, the 

13 application described in subsection (a) shall include 

14 a description of — 

15 ‘‘(A) how the eligible entity will use grant 

16 funds to create, expand, or replicate 1 or more 

17 high-performing charter schools; 

18 ‘‘(B) the need for the high-performing 

19 charter schools that the eligible entity seeks to 

20 support, including information that dem21 onstrates the interest of parents and commu22 nities in increasing charter school enrollment 

23 capacity, such as the number of students who 

24 are on waiting lists for charter schools under 

25 the jurisdiction of the eligible entity; 


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1 ‘‘(C) the performance measures the eligible 

2 entity will use to measure outcomes; 

3 ‘‘(D) how the eligible entity will provide in4 formation and support to parents, families, and 

5 students regarding the available charter school 

6 options in a simple, clear, and easily accessible 

7 format and, to the extent practicable, in a lan8 guage that such parents, families, and students 

9 can understand; 

10 ‘‘(E) how the eligible entity will coordinate 

11 the grant funds received under this subpart 

12 with other Federal, State, and local funds; 

13 ‘‘(F) how the eligible entity will ensure 

14 that each charter school within such eligible en15 tity’s jurisdiction or service area— 

16 ‘‘(i) meets the requirements of section 

17 5411(1); and 

18 ‘‘(ii) provides equitable access and ef19 fectively serves the needs of all students, 

20 including children with disabilities and 

21 English learners, and implements outreach 

22 and recruitment practices that include 

23 families of such students; 

24 ‘‘(G) how the eligible entity will award sub25 grants to developers, on a competitive basis and 


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1 through a high-quality review process, including 

2 a description of the subgrant application; 

3 ‘‘(H) how the eligible entity will target 

4 subgrants to high-performing charter schools 

5 that plan to serve students who attend schools 

6 that have been identified through the State ac7 countability and improvement system described 

8 in section 1116; 

9 ‘‘(I) the eligible entity’s record, if applica10 ble, of success in creating, expanding, repli11 cating, managing, and overseeing high-per12 forming charter schools, and closing unsuccess13 ful schools; 

14 ‘‘(J) how the eligible entity will hold char15 ter schools within such eligible entity’s jurisdic16 tion accountable if such schools do not meet the 

17 objectives specified in the performance contract 

18 described in section 5411(1)(N), including by 

19 closing unsuccessful schools; and 

20 ‘‘(K) how charter school authorizers are 

21 approved, monitored, held accountable for es22 tablishing rigorous standards, periodically re23 viewed, and re-approved in the State in which 

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1 ter school authorizers authorize, including in 

2 the areas of student safety, financial manage3 ment, and compliance with all applicable stat4 utes and regulations. 

5 ‘‘(2) STATE EDUCATIONAL AGENCIES.—Each 

6 eligible entity described in section 5411(4)(A) shall 

7 include in the application described in paragraph (1) 

8 (in addition to the requirements of such paragraph), 

9 the following: 

10 ‘‘(A) A description of the State’s laws, 

11 policies, or procedures, if applicable, that ad12 dress— 

13 ‘‘(i) how decisions are made to close 

14 unsuccessful charter schools, and how stu15 dent academic achievement and growth, 

16 consistent with section 1111, for all stu17 dents and for each subgroup of students 

18 described in section 1111(a)(3)(D), is a 

19 primary factor in such decisions; 

20 ‘‘(ii) how charter schools are mon21 itored and held accountable for— 

22 ‘‘(I) meeting the requirements 

23 described in section 5411(1); and 

24 ‘‘(II) providing equitable access 

25 and effectively serving the needs of all 


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1 students, including students with dis2 abilities and English learners; and 

3 ‘‘(iii) how a charter school that is con4 sidered a local educational agency under 

5 State law, or a local educational agency in 

6 which a charter school is located, will com7 ply with subsections (a)(5) and (e)(1)(B) 

8 of section 613 of the Individuals with Dis9 abilities Education Act. 

10 ‘‘(B) Information about the eligible entity’s 

11 record of funding charter schools, including 

12 funding charter school facilities. 

13 ‘‘(C) Information about the number of 

14 charter schools in the State that— 

15 ‘‘(i) have been closed or have had 

16 charters revoked or not renewed in the pre17 ceding 5-year period, and the reasons for 

18 such closures, revocations, or nonrenewals; 

19 ‘‘(ii) have been identified, through the 

20 State accountability and improvement sys21 tem, as focus schools or priority schools 

22 under subsection (c) or (d) of section 1116 

23 in the preceding 5-year period; 


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1 ‘‘(iii) have met objectives specified in 

2 the performance contract described in sec3 tion 5411(1)(N); and 

4 ‘‘(iv) the charter school authorizer has 

5 authorized that are high-performing char6 ter schools, and the percentage of such 

7 charter schools as compared to the total 

8 number of charter schools that the charter 

9 school authorizer has authorized. 

10 ‘‘(3) LOCAL EDUCATIONAL AGENCIES.—Each 

11 eligible entity described in section 5411(4)(B) shall 

12 include in the application described in paragraph (1) 

13 (in addition to the requirements described in such 

14 paragraph), a description of the eligible entity’s poli15 cies and procedures for— 

16 ‘‘(A) ensuring that charter schools under 

17 the jurisdiction of such eligible entity have equi18 table access to school facilities and school facili19 ties financing; 

20 ‘‘(B) complying with subsections (a)(5) 

21 and (e)(1)(B) of section 613 of the Individuals 

22 with Disabilities Education Act; and 

23 ‘‘(C) supporting public school choice. 

24 ‘‘(4) CHARTER SCHOOL AUTHORIZERS.—Each 

25 eligible entity described in section 5411(4)(C) shall 


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1 include in the application described in paragraph (1) 

2 (in addition to the requirements of such paragraph), 

3 the following: 

4 ‘‘(A) A demonstration that the eligible en5 tity has explicit and clear policies and proce6 dures in place for the approval, monitoring, re7 newal, and closure of charter schools, and an 

8 assurance that such policies and procedures 

9 make student academic achievement and 

10 growth, consistent with section 1111, for all 

11 students and for each subgroup of students de12 scribed in section 1111(a)(3)(D), a primary fac13 tor in such decisions. 

14 ‘‘(B) A description of how the eligible enti15 ty will make publicly available (in a clear and 

16 uniform format, a timely manner, and a form 

17 that is easily accessible, and, to the extent prac18 ticable, in a language that families and students 

19 can understand)— 

20 ‘‘(i) information about the criteria and 

21 procedures for granting, denying, revoking, 

22 and renewing charters for charter schools; 

23 and 

24 ‘‘(ii) the results of decisions relating 

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1 newal of charters for charter schools, in2 cluding performance data and other rel3 evant information on which each decision 

4 is based. 

5 ‘‘(C) Information about the number of 

6 charter schools that the charter school author7 izer has authorized in each of the following cat8 egories: 

9 ‘‘(i) Charter schools that have been 

10 closed or have had charters revoked or not 

11 renewed by the eligible entity in the pre12 ceding 5-year period, and the reasons for 

13 such closures, revocations, or nonrenewals. 

14 ‘‘(ii) Charter schools that have been 

15 identified as focus schools or priority 

16 schools under subsection (c) or (d) of sec17 tion 1116 through the State accountability 

18 and improvement system. 

19 ‘‘(iii) Charter schools that have met 

20 objectives specified in the performance con21 tract described in section 5411(1)(N). 

22 ‘‘(iv) Charter schools that are high23 performing charter schools, and the per24 centage of such charter schools as com25 pared to the total number of charter 


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1 schools that the charter school authorizer 

2 has authorized. 

3 ‘‘(5) CHARTER MANAGEMENT ORGANIZA4 TIONS.—Each eligible entity described in section 

5 5411(4)(D) shall include in the application described 

6 in paragraph (1) (in addition to the requirements of 

7 such paragraph), a description of— 

8 ‘‘(A) the qualifications of such eligible enti9 ty’s management team; and 

10 ‘‘(B) a multi-year financial and operating 

11 model for each of the high-performing charter 

12 schools that such eligible entity will create, ex13 pand, or replicate under the grant. 

14 ‘‘(6) SPECIAL RULE.—In the case of a devel15 oper that plans to open a charter school in a juris16 diction or service area where no eligible entity will 

17 be awarding subgrants under this subpart for the 

18 fiscal year for which the developer applies, the Sec19 retary may award a grant to such developer if such 

20 developer has an approved application that includes 

21 the requirements described in subparagraphs (A) 

22 through (F) of paragraph (1) and paragraph (5). 

23 The requirements of subsections (b) and (c) of sec24 tion 5416 and section 5417(c) shall apply to a devel25 oper receiving a grant under this paragraph in the 


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1 same manner as such sections apply to a developer 

2 receiving a subgrant under section 5416, except that 

3 the developer shall submit the data under section 

4 5417(c) directly to the Secretary. 

5 ‘‘SEC. 5414. SELECTION CRITERIA; PRIORITY. 

6 ‘‘(a) SELECTION CRITERIA.— 

7 ‘‘(1) IN GENERAL.—In awarding grants to eligi8 ble entities under this subpart, the Secretary shall 

9 consider— 

10 ‘‘(A) the quality of the eligible entity’s ap11 plication; 

12 ‘‘(B) the eligible entity’s record, if applica13 ble, of success in creating, expanding, repli14 cating, managing, and overseeing high-per15 forming charter schools; 

16 ‘‘(C) the eligible entity’s record of dis17 continuing funding or closing low-performing 

18 charter schools, including, as applicable, by re19 voking or not renewing the charters of such 

20 charter schools, and the eligible entity’s com21 mitment to discontinuing funding or closing 

22 low-performing charter schools in the future; 

23 ‘‘(D) the extent to which the eligible entity 

24 demonstrates that such eligible entity will 

25 award subgrants targeted to serving students 


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1 who attend schools that have been identified as 

2 focus schools or priority schools under sub3 section (c) or (d) of section 1116 through the 

4 State accountability and improvement system; 

5 ‘‘(E) the quality of the eligible entity’s 

6 plan for supporting subgrant recipients, 

7 through such activities as technical assistance, 

8 directly or through grants, contracts, or cooper9 ative agreements, in order to— 

10 ‘‘(i) improve student academic 

11 achievement and growth, consistent with 

12 section 1111, for all students and for each 

13 subgroup of students described in section 

14 1111(a)(3)(D); and 

15 ‘‘(ii) promote effective outreach to, 

16 and recruitment of, students who are chil17 dren with disabilities and students who are 

18 English learners, and the parents and fam19 ilies of such students; and 

20 ‘‘(F) the extent to which the State in 

21 which the eligible entity operates provides for 

22 and enforces high-quality standards for charter 

23 school authorizers, including by establishing 

24 standards for rigorous and periodic reviews. 


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1 ‘‘(2) STATE EDUCATIONAL AGENCIES.—In the 

2 case of an applicant that is an eligible entity de3 scribed in section 5411(4)(A), in addition to the ele4 ments described in paragraph (1), the Secretary 

5 shall also consider the extent to which such eligible 

6 entity— 

7 ‘‘(A) ensures that charter schools receive 

8 equitable funding compared to other public 

9 schools in the State, and a commensurate share 

10 of Federal, State, and local revenues compared 

11 to public schools in the State, including equi12 table State funding to support early childhood 

13 education programs operated by charter schools 

14 in the State, in accordance with State law; and 

15 ‘‘(B) provides charter schools with equi16 table access to funds for facilities (which may 

17 include funds for leasing or purchasing facilities 

18 or for making tenant improvements), assistance 

19 for facilities acquisition, access to public facili20 ties, the ability to share in the proceeds of 

21 bonds and levies, or other support related to fa22 cilities. 

23 ‘‘(3) LOCAL EDUCATIONAL AGENCIES.—In the 

24 case of an applicant that is an eligible entity de25 scribed in section 5411(4)(B) (except for a charter 


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1 school that is considered a local educational agency 

2 under State law), in addition to the elements de3 scribed in paragraph (1), the Secretary shall also 

4 consider— 

5 ‘‘(A) if charter schools are operating with6 in the area served by such eligible entity, the 

7 extent to which the eligible entity has policies 

8 and procedures in place to ensure that— 

9 ‘‘(i) charter schools have equitable ac10 cess to school facilities; or 

11 ‘‘(ii) charter schools are not denied 

12 access to available public school facilities; 

13 and 

14 ‘‘(B) the extent to which the eligible entity 

15 demonstrates support for public school choice. 

16 ‘‘(4) CHARTER SCHOOL AUTHORIZERS.—In the 

17 case of an applicant that is an eligible entity de18 scribed in section 5411(4)(C), in addition to the ele19 ments described in paragraph (1), the Secretary 

20 shall also consider the eligible entity’s record of suc21 cess in authorizing and supporting high-performing 

22 charter schools. 

23 ‘‘(5) CHARTER MANAGEMENT ORGANIZA24 TIONS.—In the case of an applicant that is an eligi25 ble entity described in section 5411(4)(D), in addiVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00857 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 tion to the elements described in paragraph (1), as 

2 applicable, the Secretary shall also consider— 

3 ‘‘(A) the quality of the eligible entity’s 

4 management team; and 

5 ‘‘(B) the quality and sustainability of the 

6 eligible entity’s multi-year financial and oper7 ating model. 

8 ‘‘(b) PRIORITY.— 

9 ‘‘(1) STUDENTS FROM LOW-INCOME FAMI10 LIES.—In awarding grants under this subpart, the 

11 Secretary shall give priority to eligible entities that 

12 propose to create, expand, or replicate high-per13 forming charter schools that plan to enroll a large 

14 percentage of students from low-income families. 

15 ‘‘(2) DIVERSITY.—In awarding grants under 

16 this subpart, the Secretary may give priority to eligi17 ble entities that propose to create, expand, or rep18 licate a high-performing charter school that will have 

19 a diverse student population. 

20 ‘‘(3) STATE EDUCATIONAL AGENCIES.—In the 

21 case of an applicant that is an eligible entity de22 scribed in section 5411(4)(A), the Secretary shall 

23 give priority to such eligible entities— 

24 ‘‘(A) from States that do not have a law 

25 that prohibits, or effectively inhibits, increasing 


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1 the number of high-performing charter schools 

2 in the State; 

3 ‘‘(B) from States that— 

4 ‘‘(i) provide for, and adequately sup5 port, 2 or more charter school authorizers, 

6 of which not less than 1 is a statewide 

7 charter school authorizer; or 

8 ‘‘(ii) in the case of a State in which 

9 local educational agencies are the only 

10 charter school authorizers— 

11 ‘‘(I) allow for an appeals process 

12 through which developers have an op13 portunity to appeal a denial to an14 other authorizer that will issue a final 

15 determination regarding whether or 

16 not to grant the developer a charter; 

17 and 

18 ‘‘(II) require charter school au19 thorizers to indicate an affirmative in20 terest in serving as charter school au21 thorizers; and 

22 ‘‘(C) that have a policy or procedure in 

23 place that ensures that— 


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1 ‘‘(i) charter schools are reauthorized 

2 or have their charter renewed not less than 

3 once every 5 years; and 

4 ‘‘(ii) charter schools submit independ5 ently audited financial statements to the 

6 authorizer. 

7 ‘‘SEC. 5415. USES OF FUNDS. 

8 ‘‘(a) REQUIRED USES OF FUNDS.—Each eligible en9 tity receiving a grant under section 5412(a) shall— 

10 ‘‘(1) use not less than 95 percent of the re11 maining grant funds, after the reservations made 

12 under section 5412(g), to award subgrants to 1 or 

13 more developers, as described in section 5416, to en14 able such developers to create, expand, or replicate 

15 1 or more high-performing charter schools (which 

16 may include opening new schools or converting exist17 ing schools into charter schools) in the area served 

18 by the eligible entity or under the jurisdiction of the 

19 eligible entity; 

20 ‘‘(2) in awarding subgrants, give priority to de21 velopers that propose to create, expand, or replicate 

22 a high-performing charter school in which a large 

23 percentage of the students enrolled are from low-in24 come families; 


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1 ‘‘(3) provide developers who are receiving a 

2 subgrant with support and technical assistance in— 

3 ‘‘(A) improving student academic achieve4 ment and growth, consistent with section 1111; 

5 ‘‘(B) effectively serving the needs of all 

6 students, including students who are children 

7 with disabilities and students who are English 

8 learners; and 

9 ‘‘(C) implementing outreach and recruit10 ment practices that includes families of stu11 dents who are children with disabilities and 

12 English learners; 

13 ‘‘(4) directly, or through a partnership with a 

14 nonprofit organization (such as a community-based 

15 organization), develop and implement parent, family, 

16 and student information, outreach, and recruitment 

17 programs to provide information and support to par18 ents, families, and students about the public school 

19 choice options available to them, including students 

20 who are children with disabilities and students who 

21 are English learners, in a simple, clear, and easily 

22 accessible format and, to the extent practicable, in 

23 a language that such parents, families, and students 

24 can understand. 


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1 ‘‘(b) PERMISSIBLE USE OF FUNDS.—Each eligible 

2 entity receiving a grant under section 5412(a) may use 

3 not more than 2.5 percent of grant funds to disseminate 

4 information to public schools in the eligible entity’s juris5 diction or service area about lessons learned through the 

6 grant activities, in order to— 

7 ‘‘(1) successfully address the education needs of 

8 all students, including students who are children 

9 with disabilities and students who are English learn10 ers; and 

11 ‘‘(2) replicate high-performing charter school 

12 models. 

13 ‘‘SEC. 5416. SUBGRANTS. 

14 ‘‘(a) APPLICATIONS.—Each developer that desires to 

15 receive a subgrant under this subpart shall submit an ap16 plication to the appropriate eligible entity at such time, 

17 in such form, and including such information and assur18 ances as the eligible entity may reasonably require, which 

19 shall include the information required under subpara20 graphs (A) through (F) of paragraph (1) and paragraph 

21 (5) of section 5413(b). 

22 ‘‘(b) USE OF FUNDS.—A developer that receives a 

23 subgrant under this subpart shall use such subgrant funds 

24 to create, expand, or replicate 1 or more high-performing 


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1 charter schools, which may include carrying out the fol2 lowing activities: 

3 ‘‘(1) If necessary, carrying out not more than 

4 12 months of planning and program design, unless 

5 such developer demonstrates the need for an addi6 tional planning period of not more than 3 months. 

7 ‘‘(2) Recruiting and providing preparation, in8 duction, and professional development for teachers, 

9 school leaders, and other staff who will work in a 

10 charter school that is supported by the developer. 

11 ‘‘(3) Acquiring necessary equipment, supplies, 

12 and educational materials, including curricula, as13 sessments, and instructional materials. 

14 ‘‘(4) Professional development and implementa15 tion of systems for the delivery of appropriate serv16 ices for students who are children with disabilities 

17 and students who are English learners, including 

18 through centralizing, purchasing, or sharing the pro19 vision of such services with other organizations. 

20 ‘‘(5) Develop transportation systems to provide 

21 transportation to students to and from the school. 

22 ‘‘(6) Paying operational costs for a charter 

23 school that cannot be met through State or local 

24 funding sources. 


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1 ‘‘(7) Directly, or through a partnership with a 

2 nonprofit organization (including a community-based 

3 organization), developing and implementing parent, 

4 family, and student information and outreach pro5 grams to provide information and support to par6 ents, families, and students about each charter 

7 school, in a simple, clear, and easily accessible for8 mat and, to the extent practicable, in a language 

9 that the parents, families, and students can under10 stand. 

11 ‘‘(8) Developing and implementing effective out12 reach and recruitment strategies to inform families 

13 of students who are children with disabilities and 

14 students who are English learners about the charter 

15 school, the charter school admissions process, and 

16 the charter school’s plan to effectively provide appro17 priate educational and related services to such stu18 dents. 

19 ‘‘(9) Evaluating and disseminating information, 

20 including through technical assistance, about the ef21 fectiveness of the activities supported by the 

22 subgrant. 

23 ‘‘(c) LIMITATIONS.—Not more than 1 percent of 

24 subgrant funds may be used to carry out the activities de25 scribed in subsection (b)(9). 


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1 ‘‘SEC. 5417. PERFORMANCE MEASURES; REPORTS. 

2 ‘‘(a) PERFORMANCE MEASURES AND TARGETS.— 

3 Each eligible entity receiving a grant under this subpart 

4 shall establish performance measures and annual targets, 

5 approved by the Secretary, for the charter schools that 

6 are created, expanded, or replicated with funds provided 

7 through a grant or subgrant under this subpart. Such 

8 measures and targets shall include, at a minimum, in the 

9 aggregate and disaggregated by each subgroup of students 

10 described in section 1111(a)(3)(D)— 

11 ‘‘(1) the number of students enrolled in each 

12 charter school; 

13 ‘‘(2) the number of students enrolled in each 

14 high-performing charter school; 

15 ‘‘(3) the number of students enrolled in each 

16 high-performing charter school who were formerly 

17 attending a school that has been identified as a 

18 focus school or priority school under subsection (c) 

19 or (d) of section 1116 through the State account20 ability and improvement system; 

21 ‘‘(4) student academic achievement and growth, 

22 consistent with section 1111, including, if applicable, 

23 performance on the State academic assessments re24 quired under section 1111(a)(2), and student growth 

25 consistent with section 1111; 

26 ‘‘(5) student retention rates; 


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1 ‘‘(6) in the case of a public charter school that 

2 is a secondary school, student graduation rates, and 

3 student rates of enrollment and persistence in insti4 tutions of higher education; and 

5 ‘‘(7) other measures required by the Secretary. 

6 ‘‘(b) REPORTS.—Each eligible entity receiving a 

7 grant under this subpart shall annually prepare and sub8 mit a report to the Secretary containing the information 

9 described under subsection (a). 

10 ‘‘(c) DEVELOPERS.—Each developer receiving a 

11 subgrant under this subpart from an eligible entity shall 

12 provide the eligible entity with the data necessary to com13 ply with the requirements of this section. 

14 ‘‘SEC. 5418. FEDERAL FORMULA ALLOCATION DURING 

15 FIRST YEAR AND FOR SUCCESSIVE ENROLL16 MENT EXPANSIONS. 

17 ‘‘(a) IN GENERAL.—For purposes of the allocation 

18 to schools by the States or their agencies of funds under 

19 part A of title I, and any other Federal funds which the 

20 Secretary allocates to States on a formula basis, the Sec21 retary and each State educational agency shall take such 

22 measures as are necessary to ensure that every charter 

23 school receives the Federal funding for which the charter 

24 school is eligible not later than 5 months after the charter 

25 school first opens, notwithstanding the fact that the idenVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00866 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 tity and characteristics of the students enrolling in that 

2 charter school are not fully and completely determined 

3 until that charter school actually opens. The measures 

4 similarly shall ensure that every charter school expanding 

5 its enrollment in any subsequent year of operation receives 

6 the Federal funding for which the charter school is eligible 

7 not later than 5 months after such expansion. 

8 ‘‘(b) ADJUSTMENT AND LATE OPENINGS.— 

9 ‘‘(1) IN GENERAL.—The measures described in 

10 subsection (a) shall include provision for appropriate 

11 adjustments, through recovery of funds or reduction 

12 of payments for the succeeding year, in cases where 

13 payments made to a charter school on the basis of 

14 estimated or projected enrollment data exceed the 

15 amounts that the school is eligible to receive on the 

16 basis of actual or final enrollment data. 

17 ‘‘(2) RULE.—For charter schools that first 

18 open after November 1 of any academic year, the 

19 State, in accordance with guidance provided by the 

20 Secretary and applicable Federal statutes and regu21 lations, shall ensure that such charter schools that 

22 are eligible for the funds described in subsection (a) 

23 for such academic year have a full and fair oppor24 tunity to receive those funds during the charter 

25 schools’ first year of operation. 


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1 ‘‘SEC. 5419. RECORDS TRANSFER. 

2 ‘‘State educational agencies and local educational 

3 agencies receiving funds under part A of title I or any 

4 other Federal funds from the Secretary, shall, in the most 

5 timely manner possible and to the extent practicable, en6 sure that a student’s records and, if applicable, a student’s 

7 individualized education program as defined in section 602 

8 of the Individuals with Disabilities Education Act, are 

9 transferred to a charter school upon the transfer of the 

10 student to the charter school, and to another public school 

11 upon the transfer of the student from a charter school 

12 to another public school, in accordance with applicable 

13 State law. 

14 ‘‘SEC. 5420. NATIONAL ACTIVITIES. 

15 ‘‘From funds made available under this subpart for 

16 each fiscal year, the Secretary may reserve not more than 

17 5 percent for national activities to carry out (directly or 

18 through grants, contracts that use a competitive bidding 

19 process, or cooperative agreements) research, develop20 ment, data collection, technical assistance, outreach, and 

21 dissemination activities, including— 

22 ‘‘(1) research, technical assistance, and other 

23 activities to assist eligible entities receiving a grant 

24 under this subpart, and other eligible entities in im25 proving the entity’s capacity to— 


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1 ‘‘(A) create, expand, replicate, operate, or 

2 support high-performing charter schools that 

3 meet the needs of, and improve the outcomes 

4 for, all students, including students who are 

5 children with disabilities and students who are 

6 English learners; 

7 ‘‘(B) support charter school authorizers to 

8 improve quality through the adoption of re9 search-based policies and procedures and in10 creased capacity; and 

11 ‘‘(C) work to turn around schools that 

12 have been identified as focus schools or priority 

13 schools under subsection (c) or (d) of section 

14 1116 through the State accountability and im15 provement system; 

16 ‘‘(2) providing for the research and dissemina17 tion of information about specific charter school 

18 models and program characteristics for which there 

19 is strong evidence of a significant impact on improv20 ing student academic achievement and growth, con21 sistent with section 1111, for all students, including 

22 students who are children with disabilities and 

23 English learners; 

24 ‘‘(3) developing and implementing activities 

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1 munity identify and access high-performing charter 

2 schools; 

3 ‘‘(4) providing for the collection of information 

4 regarding the financial resources available to charter 

5 schools (including access to private capital) and 

6 widely disseminating to charter schools any such rel7 evant information and model descriptions of success8 ful programs; and 

9 ‘‘(5) carrying out other related activities. 

10 ‘‘Subpart 2—Charter School Facility Acquisition, 

11 Construction, and Renovation 

12 ‘‘SEC. 5431. PURPOSE. 

13 ‘‘The purpose of this subpart is to provide grants to 

14 eligible entities to improve access to facilities and facilities 

15 financing for high-performing charter schools and assist 

16 such schools to address the cost of acquiring, constructing, 

17 and renovating facilities. 

18 ‘‘SEC. 5432. DEFINITIONS. 

19 ‘‘In this subpart: 

20 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en21 tity’ means— 

22 ‘‘(A) a State educational agency; 

23 ‘‘(B) a local educational agency, except a 

24 charter school that is considered a local edu25 cational agency under State law; 


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1 ‘‘(C) a nonprofit entity; 

2 ‘‘(D) a State financing authority; or 

3 ‘‘(E) a consortium of entities described in 

4 any of subparagraphs (A) through (D). 

5 ‘‘(2) HIGH-PERFORMING CHARTER SCHOOL.— 

6 The term ‘high-performing charter school’ has the 

7 meaning given such term in section 5411. 

8 ‘‘(3) PER-PUPIL FACILITIES AID PROGRAM.— 

9 The term ‘per-pupil facilities aid program’ means a 

10 program— 

11 ‘‘(A) that is specified in State law; 

12 ‘‘(B) that provides annual financing, on a 

13 per-pupil basis, for charter school facilities; and 

14 ‘‘(C) in which a State makes payments, on 

15 a per-pupil basis, to charter schools to provide 

16 such schools with financing— 

17 ‘‘(i) that is dedicated solely for fund18 ing charter school facilities; or 

19 ‘‘(ii) a portion of which is dedicated 

20 for funding charter school facilities. 

21 ‘‘SEC. 5433. GRANTS TO ELIGIBLE ENTITIES. 

22 ‘‘(a) CREDIT ENHANCEMENT GRANTS.—The Sec23 retary shall use not less than 65 percent of the amount 

24 available to carry out this subpart to award grants on a 

25 competitive basis to eligible entities to enable such eligible 


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1 entities to demonstrate innovative credit enhancement 

2 methods of assisting high-performing charter schools to 

3 access private sector capital to address the cost of acquir4 ing, constructing, and renovating facilities by enhancing 

5 the availability of loans or bond financing. 

6 ‘‘(b) OTHER FACILITIES GRANTS.—The Secretary 

7 shall use the remainder of the amount available to carry 

8 out this subpart to award grants on a competitive basis 

9 to eligible entities to— 

10 ‘‘(1) improve access to facilities and facilities fi11 nancing for high-performing charter schools, through 

12 methods that may include— 

13 ‘‘(A) leveraging State and local facilities 

14 funds, including the cost of implementing school 

15 bond programs that include high-performing 

16 charter schools; 

17 ‘‘(B) implementing open-facilities-access 

18 programs or making available renovated or 

19 adapted space for high-performing charter 

20 schools; and 

21 ‘‘(C) assisting with constructing or improv22 ing, at low cost, facilities for high-performing 

23 charter schools through innovative methods; 

24 and 


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1 ‘‘(2) support an eligible entity described in sec2 tion 5432(1)(A) in the establishment, enhancement, 

3 and administration of a per-pupil facilities aid pro4 gram through Federal payments that shall be not 

5 more than— 

6 ‘‘(A) 90 percent of the cost, for the first 

7 fiscal year for which the program receives as8 sistance under this subsection; 

9 ‘‘(B) 80 percent in the second such year; 

10 ‘‘(C) 60 percent in the third such year; 

11 ‘‘(D) 40 percent in the fourth such year; 

12 and 

13 ‘‘(E) 20 percent in the fifth such year. 

14 ‘‘(c) STATE SHARE OF PER-PUPIL FACILITIES AID

15 PROGRAM.—A State receiving a grant under subsection 

16 (b)(2) may partner with 1 or more organizations to pro17 vide not more than 50 percent of the State share of the 

18 cost of establishing, enhancing, or administering the per19 pupil facilities aid program. 

20 ‘‘(d) GRANT AMOUNT.—In determining the amount 

21 of each grant to be awarded under this subpart, the Sec22 retary shall consider— 

23 ‘‘(1) the quality of the application submitted 

24 under section 5435; 


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1 ‘‘(2) the number of students that are served or 

2 may be served by high-performing charter schools 

3 that would receive assistance under the grant pro4 gram; and 

5 ‘‘(3) the amount of funds that is needed to im6 plement the activities described in the approved ap7 plication. 

8 ‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds made 

9 available under this section shall be used to supplement, 

10 and not supplant, State and local public funds expended 

11 to provide programs for charter schools. 

12 ‘‘SEC. 5434. CHARTER SCHOOL OBJECTIVES. 

13 ‘‘An eligible entity receiving a grant under this sub14 part shall use the funds to assist 1 or more high-per15 forming charter schools to accomplish 1 or both of the fol16 lowing objectives: 

17 ‘‘(1) The acquisition (by purchase, lease, dona18 tion, or otherwise) of an interest (including an inter19 est held by a third party for the benefit of a charter 

20 school) in improved or unimproved real property 

21 that is necessary to commence or continue the oper22 ation of a charter school. 

23 ‘‘(2) The construction of new facilities, or the 

24 renovation, repair, or alteration of existing facilities, 


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1 necessary to commence or continue the operation of 

2 a charter school. 

3 ‘‘SEC. 5435. APPLICATIONS; SELECTION CRITERIA. 

4 ‘‘(a) IN GENERAL.—Each eligible entity desiring a 

5 grant under this subpart shall submit an application to 

6 the Secretary at such time, in such manner, and con7 taining such information and assurances as the Secretary 

8 may require. 

9 ‘‘(b) CONTENTS.—An application submitted under 

10 subsection (a) shall include— 

11 ‘‘(1) a description of the activities that the eligi12 ble entity proposes to carry out using funds received 

13 under this subpart; 

14 ‘‘(2) a demonstration that the eligible entity will 

15 consider the quality of a charter school when deter16 mining— 

17 ‘‘(A) which charter schools will receive as18 sistance under this subpart; 

19 ‘‘(B) how much grant assistance will be 

20 provided to each charter school; and 

21 ‘‘(C) the type of assistance that each char22 ter school will receive; 

23 ‘‘(3) a description of the eligible entity’s record 

24 of successfully carrying out the activities that such 

25 eligible entity proposes to carry out; 


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1 ‘‘(4) if applicable, the eligible entity’s record of 

2 leveraging private-sector funding and a description 

3 of how the proposed activities will leverage the max4 imum amount of private-sector financing capital rel5 ative to the amount of government funding; 

6 ‘‘(5) an explanation of how the eligible entity 

7 possesses sufficient expertise in education to evalu8 ate the likelihood of success of a charter school for 

9 which facilities financing is sought; 

10 ‘‘(6) in the case of an application submitted by 

11 an eligible entity that includes 1 or more State or 

12 local educational agencies, a description of the agen13 cy’s policies and procedures for ensuring that char14 ter schools have equitable access to school facilities; 

15 and 

16 ‘‘(7) such other information as the Secretary 

17 may reasonably require. 

18 ‘‘(c) SELECTION CRITERIA.—In awarding grants 

19 under this subpart, the Secretary shall consider— 

20 ‘‘(1) the quality of the eligible entity’s applica21 tion; 

22 ‘‘(2) the extent to which the eligible entity pro23 poses to support high-performing charter schools 

24 that plan to enroll a large percentage of students 

25 from low-income families; 


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1 ‘‘(3) the extent to which the eligible entity pro2 poses to support high-performing charter schools 

3 that plan to enroll a large percentage of students 

4 who attend schools that have been identified as focus 

5 schools or priority schools under subsection (c) or 

6 (d) of section 1116 through the State accountability 

7 and improvement system; 

8 ‘‘(4) the geographic diversity of the eligible en9 tities, including the distribution of grants between 

10 urban and rural areas; and 

11 ‘‘(5) the number of eligible entities in a State 

12 that are receiving grants under this subpart in any 

13 fiscal year. 

14 ‘‘SEC. 5436. RESERVE ACCOUNT. 

15 ‘‘(a) USE OF FUNDS.—To assist charter schools with 

16 addressing the cost of acquiring, constructing, and ren17 ovating facilities and accessing facilities and facilities fi18 nancing, an eligible entity receiving a grant under section 

19 5433(a) shall, in accordance with State and local law, di20 rectly or indirectly, alone or in collaboration with others, 

21 deposit the funds received under this subpart (other than 

22 funds used for administrative costs in accordance with sec23 tion 5437) in a reserve account established and main24 tained by the eligible entity for this purpose. Amounts deVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00877 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 posited in such account shall be used by the eligible entity 

2 for 1 or more of the following purposes: 

3 ‘‘(1) Guaranteeing, insuring, and reinsuring 

4 bonds, notes, evidences of debt, loans, and interests 

5 therein, the proceeds of which are used for an objec6 tive described in section 5434. 

7 ‘‘(2) Guaranteeing and insuring leases of per8 sonal and real property for an objective described in 

9 section 5434. 

10 ‘‘(3) Facilitating financing by identifying poten11 tial lending sources, encouraging private lending, 

12 and other similar activities that directly promote 

13 lending to, or for the benefit of, charter schools. 

14 ‘‘(4) Facilitating the issuance of bonds by char15 ter schools, or by other public entities for the benefit 

16 of charter schools, by providing technical, adminis17 trative, and other appropriate assistance (including 

18 the recruitment of bond counsel, underwriters, and 

19 potential investors and the consolidation of multiple 

20 charter school projects within a single bond issue). 

21 ‘‘(b) INVESTMENT.—Funds received under this sub22 part and deposited in the reserve account established 

23 under subsection (a) shall be invested in obligations issued 

24 or guaranteed by the United States or a State, or in other 

25 similarly low-risk securities. 


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1 ‘‘(c) REINVESTMENT OF EARNINGS.—Any earnings 

2 on funds received under this subpart shall be deposited 

3 in the reserve account established under subsection (a) 

4 and used in accordance with such subsection. 

5 ‘‘SEC. 5437. LIMITATION ON ADMINISTRATIVE COSTS. 

6 ‘‘An eligible entity may use not more than 2.5 percent 

7 of the funds received under this subpart for the adminis8 trative costs of carrying out its responsibilities under this 

9 subpart. 

10 ‘‘SEC. 5438. AUDITS AND REPORTS. 

11 ‘‘(a) FINANCIAL RECORD MAINTENANCE AND

12 AUDIT.—The financial records of each eligible entity re13 ceiving a grant under this subpart shall be maintained in 

14 accordance with generally accepted accounting principles 

15 and shall be subject to an annual audit by an independent 

16 public accountant. 

17 ‘‘(b) REPORTS.— 

18 ‘‘(1) GRANTEE ANNUAL REPORTS.—Each eligi19 ble entity receiving a grant under this subpart annu20 ally shall submit to the Secretary a report of its op21 erations and activities under this subpart. 

22 ‘‘(2) CONTENTS.—Each annual report sub23 mitted under paragraph (1) shall include— 

24 ‘‘(A) a copy of the most recent financial 

25 statements, and any accompanying opinion on 


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1 such statements, prepared by the independent 

2 public accountant reviewing the financial 

3 records of the eligible entity; 

4 ‘‘(B) a copy of any report made on an 

5 audit of the financial records of the eligible en6 tity that was conducted under subsection (a) 

7 during the reporting period; 

8 ‘‘(C) if applicable, an evaluation by the eli9 gible entity of the effectiveness of its use of the 

10 Federal funds provided under this subpart in 

11 leveraging private funds; 

12 ‘‘(D) a listing and description of the char13 ter schools served during the reporting period 

14 and the performance of such charter schools in 

15 increasing student achievement and growth, 

16 consistent with section 1111; 

17 ‘‘(E) a description of the activities carried 

18 out by the eligible entity to assist charter 

19 schools in meeting the objectives set forth in 

20 section 5434; and 

21 ‘‘(F) a description of the characteristics of 

22 lenders and other financial institutions partici23 pating in the activities undertaken by the eligi24 ble entity under this subpart during the report25 ing period, if applicable. 


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1 ‘‘(3) SECRETARIAL REPORT.—The Secretary 

2 shall review the reports submitted under paragraph 

3 (1) and shall provide a comprehensive annual report 

4 to Congress on the activities conducted under this 

5 subpart. 

6 ‘‘SEC. 5439. NO FULL FAITH AND CREDIT FOR GRANTEE OB7 LIGATIONS. 

8 ‘‘No financial obligation of an eligible entity entered 

9 into pursuant to this subpart (such as an obligation under 

10 a guarantee, bond, note, evidence of debt, or loan) shall 

11 be an obligation of, or guaranteed in any respect by, the 

12 United States. The full faith and credit of the United 

13 States is not pledged to the payment of funds which may 

14 be required to be paid under any obligation made by an 

15 eligible entity pursuant to any provision of this subpart. 

16 ‘‘SEC. 5440. RECOVERY OF FUNDS. 

17 ‘‘(a) IN GENERAL.—The Secretary, in accordance 

18 with chapter 37 of title 31, United States Code, shall col19 lect— 

20 ‘‘(1) all of the funds in a reserve account estab21 lished by an eligible entity under section 5436(a) if 

22 the Secretary determines, not earlier than 2 years 

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1 tity has failed to make substantial progress in car2 rying out the purposes described in such section; or 

3 ‘‘(2) all or a portion of the funds in a reserve 

4 account established by an eligible entity under sec5 tion 5436(a) if the Secretary determines that the eli6 gible entity has permanently ceased to use all or a 

7 portion of the funds in such account to accomplish 

8 any purpose described in such section. 

9 ‘‘(b) EXERCISE OF AUTHORITY.—The Secretary shall 

10 not exercise the authority provided in subsection (a) to 

11 collect from any eligible entity any funds that are being 

12 properly used to achieve 1 or more of the purposes de13 scribed in section 5436(a). 

14 ‘‘(c) PROCEDURES.—The provisions of sections 451, 

15 452, and 458 of the General Education Provisions Act 

16 shall apply to the recovery of funds under subsection (a). 

17 ‘‘(d) CONSTRUCTION.—This section shall not be con18 strued to impair or affect the authority of the Secretary 

19 to recover funds under part D of the General Education 

20 Provisions Act.’’. 

21 PART E—VOLUNTARY PUBLIC SCHOOL CHOICE 

22 SEC. 5501. VOLUNTARY PUBLIC SCHOOL CHOICE. 

23 Title V (20 U.S.C. 7201 et seq.) is further amended 

24 by adding at the end the following: 


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1 ‘‘PART E—VOLUNTARY PUBLIC SCHOOL CHOICE 

2 PROGRAMS 

3 ‘‘SEC. 5501. GRANTS. 

4 ‘‘(a) AUTHORIZATION.—From funds made available 

5 to carry out this part, the Secretary shall award grants, 

6 on a competitive basis, to eligible entities to enable the 

7 entities to establish or expand a program of public school 

8 choice (referred to in this part as a ‘program’) in accord9 ance with this part in order to increase student academic 

10 achievement and student growth by increasing the edu11 cational options available to students who are served by 

12 high-need local educational agencies. 

13 ‘‘(b) DURATION.—Grants awarded under subsection 

14 (a) may be awarded for a period of 3 years and may be 

15 renewed for not more than an additional 2 years if the 

16 Secretary finds that the grantee is achieving the objectives 

17 of the grant. 

18 ‘‘SEC. 5502. USES OF FUNDS. 

19 ‘‘(a) REQUIRED USE OF FUNDS.—An eligible entity 

20 that receives a grant under this part shall use the grant 

21 funds to establish or expand inter- or intra-district public 

22 school choice programs for students attending the lowest23 performing schools that enable those students to attend 

24 high-quality public elementary schools and secondary 

25 schools, including charter schools. 


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1 ‘‘(b) PERMISSIBLE USES OF FUNDS.—An eligible en2 tity that receives a grant under this part may use the 

3 grant funds for— 

4 ‘‘(1) planning or designing a program (for not 

5 more than 1 year); 

6 ‘‘(2) transportation services to and from high7 quality schools for participating students; 

8 ‘‘(3) improving public school finance systems to 

9 allow school funding to follow students, including 

10 tuition transfer payments to high-quality public ele11 mentary schools or secondary schools to which stu12 dents transfer under the program; 

13 ‘‘(4) capacity-enhancing activities that enable 

14 high-quality public elementary schools or secondary 

15 schools to accommodate transfer requests under the 

16 program; 

17 ‘‘(5) public education and recruitment cam18 paigns to inform students attending the lowest-per19 forming schools and their parents about the program 

20 and to facilitate their participation; and 

21 ‘‘(6) other costs reasonably necessary to imple22 ment the program, such as the development of lot23 tery systems. 


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1 ‘‘(c) NONPERMISSIBLE USES OF FUNDS.—An eligible 

2 entity that receives a grant under this part may not use 

3 the grant funds for school construction. 

4 ‘‘(d) ADMINISTRATIVE EXPENSES.—The eligible enti5 ty may use not more than 5 percent of the funds made 

6 available through a grant under this part for any fiscal 

7 year for administrative expenses. 

8 ‘‘SEC. 5503. APPLICATIONS. 

9 ‘‘(a) SUBMISSION.—An eligible entity that desires a 

10 grant under this part shall submit an application to the 

11 Secretary at such time, in such manner, and containing 

12 such information as the Secretary may require. 

13 ‘‘(b) CONTENTS.—An application submitted under 

14 subsection (a) shall include a comprehensive plan that de15 scribes— 

16 ‘‘(1) the activities to be carried out; 

17 ‘‘(2) how the activities— 

18 ‘‘(A) will increase access to high-quality 

19 schools for students attending the lowest-per20 forming schools; 

21 ‘‘(B) will increase the student academic 

22 achievement and student growth of students 

23 participating in the grant activities, including 

24 English learners and students with disabilities; 

25 and 


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1 ‘‘(C) if applicable, will increase diversity 

2 within a school or local educational agency; 

3 ‘‘(3) how students will be selected to participate 

4 in grant activities, including the design and imple5 mentation of a lottery system if the program is over6 subscribed, and how students and parents will be in7 formed of their opportunity to participate; 

8 ‘‘(4) how the program will be coordinated with 

9 and leverage other related Federal and non-Federal 

10 funding and programs; 

11 ‘‘(5) how the applicant will continue to imple12 ment the plan after the period of the grant has ex13 pired; 

14 ‘‘(6) if the activities required under section 

15 5505(a)(2) are to be carried out in partnership with 

16 a public or other nonprofit organization, a descrip17 tion of the organization’s experience, capacity, re18 sponsibilities, and how the eligible entity will mon19 itor the public or other nonprofit organization’s ef20 fectiveness in carrying our such activities; and 

21 ‘‘(7) such other information as the Secretary 

22 may require. 

23 ‘‘(c) SELECTION CRITERIA.—In selecting grantees 

24 under this part, the Secretary shall consider— 


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1 ‘‘(1) the quality of the applicant’s comprehen2 sive plan; 

3 ‘‘(2) the extent to which the applicant can dem4 onstrate that its grant activities will increase student 

5 academic achievement and student growth for stu6 dents participating in the grant activities, including 

7 English learners and students with disabilities; and 

8 ‘‘(3) the extent to which the applicant can dem9 onstrate that its grant activities will ensure that par10 ents and students are informed of the program, in 

11 a clear and uniform format and, to the extent prac12 ticable, in a language that the parents and students 

13 can understand, to increase the likelihood that par14 ents will have their children participate in the grant15 ee’s program. 

16 ‘‘SEC. 5504. PRIORITIES. 

17 ‘‘In awarding grants under this part, the Secretary 

18 shall give priority to an eligible entity that proposes to— 

19 ‘‘(1) establish or expand an inter-district choice 

20 program that serves a large percentage of students 

21 from low-income families; and 

22 ‘‘(2) establish or expand a program that will in23 crease diversity. 


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1 ‘‘SEC. 5505. REQUIREMENTS AND VOLUNTARY PARTICIPA2 TION. 

3 ‘‘(a) PARENT AND COMMUNITY INVOLVEMENT AND

4 NOTICE.—In carrying out a program under this part, an 

5 eligible entity shall carry out the following: 

6 ‘‘(1) Develop the program with— 

7 ‘‘(A) the involvement of parents and other 

8 education stakeholders in the community to be 

9 served; and 

10 ‘‘(B) individuals who will carry out the 

11 program, including administrators, teachers, 

12 principals, and other staff. 

13 ‘‘(2) Develop and carry out the following activi14 ties, alone or in partnership with a public or other 

15 nonprofit organization that has a record of success 

16 in implementing such activities: 

17 ‘‘(A) Disseminating timely and accurate in18 formation about the program to parents of stu19 dents attending the lowest-performing schools, 

20 in a clear and uniform format and, to the ex21 tent practicable, in a language that they can 

22 understand, including through the use of a vari23 ety of effective and innovative outreach ap24 proaches, such as by sending customized letters 

25 to each family about available programs. 


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1 ‘‘(B) Providing education and training to 

2 parents of students attending the lowest-per3 forming schools to enable the parents to use the 

4 information provided under subparagraph (A) 

5 in their decisions about their children’s edu6 cation. 

7 ‘‘(b) SELECTION OF STUDENTS.—An eligible entity 

8 that receives a grant under this part shall select students 

9 to participate in a program on the basis of a lottery, if 

10 more students apply for admission to the program than 

11 can be accommodated. 

12 ‘‘(c) VOLUNTARY PARTICIPATION.—Student partici13 pation in a program funded under this part shall be vol14 untary. 

15 ‘‘(d) PERFORMANCE MEASURES.— 

16 ‘‘(1) IN GENERAL.—Each eligible entity award17 ed a grant under this part shall establish perform18 ance measures and targets that— 

19 ‘‘(A) are approved by the Secretary; 

20 ‘‘(B) are implemented for each program 

21 established or expanded with funds provided 

22 under this part; and 

23 ‘‘(C) at a minimum, track— 

24 ‘‘(i) the number of students partici25 pating; 


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1 ‘‘(ii) the participating students’ aca2 demic achievement and student growth; 

3 ‘‘(iii) in the case of participating high 

4 school students, their graduation rates; 

5 ‘‘(iv) the extent to which students in 

6 schools participating in the programs or 

7 schools funded under this part are being 

8 educated in diverse schools and classrooms; 

9 and 

10 ‘‘(v) any other measure required by 

11 the Secretary. 

12 ‘‘(2) REPORTS.—Each eligible entity awarded a 

13 grant under this part shall annually report to the 

14 Secretary on its performance on the measures and 

15 targets established under paragraph (1), and shall 

16 provide that information both in the aggregate and 

17 disaggregated for each subgroup of students de18 scribed in section 1111(a)(2)(B)(x). 

19 ‘‘SEC. 5506. EVALUATIONS. 

20 ‘‘From the amount reserved for evaluation activities 

21 in accordance with section 9601(a), the Secretary, acting 

22 through the Director of the Institute of Education 

23 Sciences, shall, in consultation with the relevant program 

24 office at the Department, evaluate the implementation and 


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1 impact of the activities supported under this part, con2 sistent with section 9601, including— 

3 ‘‘(1) how, and the extent to which, the pro4 grams promote educational equity and excellence; 

5 ‘‘(2) the characteristics of the students partici6 pating in the programs; and 

7 ‘‘(3) the effect of the programs on the academic 

8 achievement and student growth of students partici9 pating in the programs both in the aggregate and 

10 disaggregated for each subgroup of students de11 scribed in section 1111(a)(2)(B)(x). 

12 ‘‘SEC. 5507. DEFINITIONS. 

13 ‘‘In this part: 

14 ‘‘(1) CHARTER SCHOOL.—The term ‘charter 

15 school’ has the meaning given such term in section 

16 5411. 

17 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en18 tity’ means— 

19 ‘‘(A) 1 or more high-need local educational 

20 agencies applying with 1 or more other local 

21 educational agencies; or 

22 ‘‘(B) a State educational agency applying 

23 with 1 or more high-need local educational 

24 agencies. 


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1 ‘‘(3) LOWEST-PERFORMING SCHOOL.—The term 

2 ‘lowest-performing school’ means a public elemen3 tary school or secondary school that has been identi4 fied as a focus school under section 1116(c) or a pri5 ority school under section 1116(d).’’. 

6 TITLE VI—PROMOTING FLEXI7 BILITY; RURAL EDUCATION 

8 SEC. 6101. PROMOTING FLEXIBILITY. 

9 Title VI (20 U.S.C. 7301 et seq.) is amended— 

10 (1) by striking the title heading and inserting 

11 the following: ‘‘PROMOTING FLEXIBILITY; 

12 RURAL EDUCATION’’; and 

13 (2) by striking part A and inserting the fol14 lowing: 

15 ‘‘PART A—TRANSFERABILITY 

16 ‘‘SEC. 6101. TRANSFERABILITY OF FUNDS. 

17 ‘‘(a) TRANSFERS BY STATES.— 

18 ‘‘(1) AUTHORITY TO TRANSFER.—Except as 

19 provided in paragraph (2), in accordance with this 

20 part, a State may transfer up to 100 percent of the 

21 State funds allotted to the State for a fiscal year for 

22 use for State-level activities described in this Act 

23 that are carried out as part of a grant program in 

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1 mula to 1 or more other State formula grant pro2 grams under this Act for such fiscal year. 

3 ‘‘(2) PROHIBITION AGAINST TRANSFERRING

4 FUNDS OUT CERTAIN TITLES.—A State may not 

5 transfer, pursuant to paragraph (1), any funds that 

6 originate in title I or III out of such respective title. 

7 ‘‘(b) TRANSFERS BY LOCAL EDUCATIONAL AGEN8 CIES.— 

9 ‘‘(1) AUTHORITY TO TRANSFER.—Except as 

10 provided in paragraph (2), in accordance with this 

11 part, a local educational agency may transfer 100 

12 percent of the funds allocated to it for a fiscal year 

13 for use for local-level activities described in this Act 

14 that are carried out as part of a grant program in 

15 which funds for the grant are distributed by a for16 mula to 1 or more other local educational agency 

17 formula grant programs under this Act for such fis18 cal year. 

19 ‘‘(2) PROHIBITION AGAINST TRANSFERRING

20 FUNDS OUT OF CERTAIN TITLES.—A local edu21 cational agency may not transfer, pursuant to para22 graph (1), any funds that originate in title I, III, 

23 part A of title VII, or VIII out of such respective 

24 title. 


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1 ‘‘(3) SPECIAL RULE WITH RESPECT TO RURAL

2 DISTRICTS.—Except as provided in paragraph (2), a 

3 local educational agency that is eligible to receive as4 sistance under part B may transfer 100 percent of 

5 the funds allocated to it for a fiscal year for use for 

6 local-level activities described in this Act that are 

7 carried out as part of a grant program in which 

8 funds for the grant are distributed by a formula to 

9 1 or more other local educational agency formula 

10 grant programs under this Act for such fiscal year 

11 or to carry out activities under a grant program in 

12 which funds for the grant are distributed by formula 

13 to States. 

14 ‘‘(c) APPLICABLE RULES.— 

15 ‘‘(1) IN GENERAL.—Except as otherwise pro16 vided in this part, funds transferred pursuant to this 

17 section are subject to each of the rules and require18 ments applicable to the funds under the provision to 

19 which the transferred funds are transferred. 

20 ‘‘(2) CONSULTATION.—Each State educational 

21 agency or local educational agency that transfers 

22 funds under this section shall conduct consultations 

23 in accordance with section 9501, if such transfer 

24 transfers funds from a program that provides for 


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1 the participation of students, teachers, or other edu2 cational personnel, from private schools.’’. 

3 SEC. 6102. RURAL EDUCATION. 

4 Part B of title VI (20 U.S.C. 7341 et seq.) is amend5 ed— 

6 (1) by striking section 6211; 

7 (2) by redesignating sections 6212 and 6213 as 

8 sections 6211 and 6212, respectively; 

9 (3) in section 6211, as redesignated by para10 graph (2)— 

11 (A) in the section heading, by striking 

12 ‘‘GRANT’’; 

13 (B) in subsection (a), by striking ‘‘activi14 ties authorized’’ and all that follows through 

15 the period at the end of paragraph (5) and in16 serting ‘‘activities consistent with section 

17 6101(b).’’; 

18 (C) in subsection (b)— 

19 (i) in paragraph (1)— 

20 (I) by striking ‘‘paragraph (3)’’ 

21 and inserting ‘‘paragraphs (3) and 

22 (4)’’; 

23 (II) by striking ‘‘section 

24 6211(b)’’ and inserting ‘‘subsection 

25 (d)’’; and 


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1 (III) by striking ‘‘section 

2 6211(c)’’ and inserting ‘‘subpart 2 of 

3 part A of title II’’; and 

4 (ii) by striking paragraph (2) and in5 serting the following: 

6 ‘‘(2) DETERMINATION OF INITIAL AMOUNT.— 

7 ‘‘(A) IN GENERAL.—The initial amount re8 ferred to in paragraph (1) is equal to $100 

9 multiplied by the total number of students in 

10 excess of 50 students, in average daily attend11 ance at the schools served by the local edu12 cational agency, plus $20,000, except that the 

13 initial amount may not exceed $60,000. 

14 ‘‘(B) APPROPRIATION MORE THAN

15 $211,723,832.—Notwithstanding subparagraph 

16 (A), if the appropriation for this part is more 

17 than $211,723,832, a grant under this part 

18 shall not be less than $25,000, and the initial 

19 amount may not exceed $80,000.’’; and 

20 (iii) by inserting after paragraph (3) 

21 the following: 

22 ‘‘(4) COALITIONS OF LIKE SCHOOL DIS23 TRICTS.— 

24 ‘‘(A) IN GENERAL.—Notwithstanding para25 graph (1) and subject to subparagraph (B), in 


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1 the case of a local educational agency that is el2 igible under subsection (d) and is comprised of 

3 3 or more like school districts, the Secretary 

4 shall award a grant under subsection (a) to 

5 such a local educational agency for a fiscal year 

6 in an amount equal to the difference between— 

7 ‘‘(i) the initial amount determined 

8 under paragraph (2) for the fiscal year; 

9 and 

10 ‘‘(ii) the quotient that is obtained by 

11 dividing— 

12 ‘‘(I) the total amount received by 

13 the agency under the provisions of law 

14 described in subpart 2 of part A of 

15 title II for the preceding fiscal year; 

16 by 

17 ‘‘(II) the sum of— 

18 ‘‘(aa) the number of con19 stituent districts that comprise 

20 such local educational agency; 

21 plus 

22 ‘‘(bb) the product of— 

23 ‘‘(BB) the number of 

24 constituent school districts 


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1 within such local educational 

2 agency; and 

3 ‘‘(CC) 4,000. 

4 ‘‘(B) LIMITATION.—Notwithstanding sub5 paragraph (A), no local educational agency 

6 shall receive more than $60,000 under this 

7 paragraph.’’. 

8 (D) by redesignating subsection (d) as sub9 section (e); 

10 (E) by inserting after subsection (c) the 

11 following: 

12 ‘‘(d) ELIGIBILITY.— 

13 ‘‘(1) IN GENERAL.—A local educational agency 

14 shall be eligible for a grant under this section if— 

15 ‘‘(A)(i)(I) the total number of students in 

16 average daily attendance at all of the schools 

17 served by the local educational agency is fewer 

18 than 600; 

19 ‘‘(II) in the case of a local educational 

20 agency described in paragraph (4) of subsection 

21 (b), the total number of students in average 

22 daily attendance at all schools served by the 

23 local educational agency is fewer than the prod24 uct of— 

25 ‘‘(aa) 600; and 


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1 ‘‘(bb) the number of constituent 

2 school districts within the local educational 

3 agency; or 

4 ‘‘(III) each county or locale in which a 

5 school served by the local educational agency is 

6 located has a total population density of fewer 

7 than 10 persons per square mile; and 

8 ‘‘(ii) each of the schools served by the local 

9 educational agency is designated with a school 

10 locale code of 32, 33, 41, 42, or 43, as deter11 mined by the Secretary; or 

12 ‘‘(B) the agency meets at least 1 of the cri13 teria established in subparagraph (A)(i) and the 

14 Secretary, in accordance with paragraph (2), 

15 grants the State educational agency’s request to 

16 waive the criterion described in subparagraph 

17 (A)(ii). 

18 ‘‘(2) CERTIFICATION.—The Secretary shall de19 termine whether to waive the criterion described in 

20 paragraph (1)(A)(ii) based on a demonstration by 

21 the local educational agency, and with the concur22 rence of the State educational agency, that the local 

23 educational agency is located in an area defined as 

24 rural by a governmental agency of the State.’’; and 


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1 (F) by striking subsection (e), as redesig2 nated by subparagraph (D), and inserting the 

3 following: 

4 ‘‘(e) SPECIAL ELIGIBILITY RULE.—A local edu5 cational agency may receive grant funding under subpart 

6 1 or subpart 2, but may not receive grant funding under 

7 both such subparts.’’; 

8 (4) by striking section 6212, as redesignated by 

9 paragraph (2), and inserting the following: 

10 ‘‘SEC. 6212. ACADEMIC ACHIEVEMENT ASSESSMENTS. 

11 ‘‘Each local educational agency that uses or receives 

12 funds under this subpart for a fiscal year shall administer 

13 assessments that are consistent with section 1111(a)(2).’’; 

14 (5) in section 6221— 

15 (A) in subsection (a)(1), by striking 

16 ‘‘under section 6234 for’’ and inserting ‘‘to 

17 carry out’’; 

18 (B) in subsection (b)(1)(B), by striking ‘‘6, 

19 7, or 8,’’ and inserting ‘‘33, 41, 42, or 43,’’; 

20 and 

21 (C) in subsection (c)— 

22 (i) in the matter preceding paragraph 

23 (1), by striking ‘‘under section 6234 for’’ 

24 and inserting ‘‘to carry out’’; and 


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1 (ii) in paragraph (1), by striking ‘‘Bu2 reau of Indian Affairs’’ and inserting ‘‘Bu3 reau of Indian Education’’; 

4 (6) in section 6222, by striking subsection (a) 

5 and inserting the following: 

6 ‘‘(a) LOCAL AWARDS.—Grant funds awarded to local 

7 educational agencies under this subpart shall be used to 

8 carry out local-level activities consistent with section 

9 6101(b).’’; 

10 (7) in section 6224— 

11 (A) in subsection (c)— 

12 (i) in the matter preceding paragraph 

13 (1), by striking ‘‘the Committee on Edu14 cation and the Workforce of the House of 

15 Representatives and the Committee on 

16 Health, Education, Labor, and Pensions of 

17 the Senate’’ and inserting ‘‘the authorizing 

18 committees’’; and 

19 (ii) by striking ‘‘local educational 

20 agencies and schools’’ and inserting the 

21 following: 

22 ‘‘(2) how local educational agencies and 

23 schools’’; 

24 (B) in subsection (d)— 


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1 (i) in the subsection heading, by strik2 ing ‘‘ASSESSMENT’’ and inserting ‘‘AS3 SESSMENTS’’; and 

4 (ii) by striking ‘‘an assessment that is 

5 consistent with section 1111(b)(3)’’ and in6 serting ‘‘assessments that are consistent 

7 with section 1111(a)(2)’’; and 

8 (C) by striking subsection (e); 

9 (8) by striking section 6234; 

10 (9) by redesignating sections 6231 through 

11 6233 as sections 6232 through 6234, respectively; 

12 (10) by inserting before section 6232, as redes13 ignated by paragraph (9), the following: 

14 ‘‘SEC. 6231. CHOICE OF PARTICIPATION. 

15 ‘‘If a local educational agency is eligible for funding 

16 under subpart 1 and subpart 2 of this part, such local 

17 educational agency may choose to participate in either 

18 subpart 1 or subpart 2.’’; 

19 (11) in section 6232, as redesignated by para20 graph (9)— 

21 (A) in subsection (a), by striking ‘‘6212’’ 

22 and inserting ‘‘6211’’; and 

23 (B) in subsection (b)— 


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1 (i) by striking ‘‘under section 6212 or 

2 subpart 2’’ each place the term appears 

3 and inserting ‘‘under this part’’; and 

4 (ii) by striking ‘‘under this section’’ 

5 and inserting ‘‘under this part’’; and 

6 (12) in section 6233, as redesignated by para7 graph (9), by striking ‘‘subpart 1 or subpart 2’’ and 

8 inserting ‘‘this part’’. 

9 SEC. 6103. GENERAL PROVISIONS. 

10 Title VI (20 U.S.C. 7301 et seq.) is amended by 

11 striking part C. 

12 TITLE VII—INDIAN, NATIVE HA13 WAIIAN, AND ALASKA NATIVE 

14 EDUCATION 

15 PART A—INDIAN EDUCATION 

16 SEC. 7101. PURPOSE. 

17 Section 7102 (20 U.S.C. 7402) is amended to read 

18 as follows: 

19 ‘‘SEC. 7102. PURPOSE. 

20 ‘‘It is the purpose of this part to support the efforts 

21 of local educational agencies, Indian tribes and organiza22 tions, postsecondary institutions, and other entities— 

23 ‘‘(1) to ensure the academic achievement of 

24 American Indian and Alaska Native students by 


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1 meeting their unique cultural, language, and edu2 cational needs, consistent with section 1111(a); 

3 ‘‘(2) to ensure that Indian and Alaska Native 

4 students gain knowledge and understanding of Na5 tive communities, languages, tribal histories, tradi6 tions, and cultures; and 

7 ‘‘(3) to ensure that principals, teachers, and 

8 other staff who serve Indian and Alaska Native stu9 dents have the ability to provide culturally appro10 priate and effective instruction to such students.’’. 

11 Subpart 1—Formula Grants to Local Educational 

12 Agencies 

13 SEC. 7111. FORMULA GRANT PURPOSE. 

14 Section 7111 (20 U.S.C. 7421) is amended to read 

15 as follows: 

16 ‘‘SEC. 7111. PURPOSE. 

17 ‘‘(a) PURPOSE.—It is the purpose of this subpart to 

18 support the efforts of local educational agencies, Indian 

19 tribes and organizations, postsecondary institutions, and 

20 other entities to improve the academic achievement of 

21 American Indian and Alaska Native students by meeting 

22 their unique cultural, language, and educational needs. 

23 ‘‘(b) PROGRAMS.—This subpart carries out the pur24 pose described in subsection (a) by authorizing programs 

25 of direct assistance for— 


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1 ‘‘(1) meeting the unique educational and cul2 turally related academic needs of Indians and Alaska 

3 Natives, including gaining knowledge of Native 

4 American languages, history, traditions, and cul5 tures; 

6 ‘‘(2) the education of Indian children and 

7 adults; 

8 ‘‘(3) the training of Indian persons as educators 

9 and counselors, and in other professions serving In10 dian people; and 

11 ‘‘(4) research, evaluation, data collection, and 

12 technical assistance.’’. 

13 SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES, 

14 TRIBES, AND INDIAN ORGANIZATIONS. 

15 Section 7112 (20 U.S.C. 7422) is amended— 

16 (1) in subsection (a), by striking ‘‘and Indian 

17 tribes’’ and inserting ‘‘, Indian tribes, and Indian or18 ganizations’’; 

19 (2) in subsection (b)(2), by striking ‘‘a reserva20 tion’’ and inserting ‘‘an Indian reservation’’; and 

21 (3) by striking subsection (c) and inserting the 

22 following: 

23 ‘‘(c) INDIAN TRIBES AND INDIAN ORGANIZATIONS.— 

24 ‘‘(1) IN GENERAL.—If a local educational agen25 cy that is otherwise eligible for a grant under this 


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1 subpart does not establish a committee under section 

2 7114(c)(5) for such grant, an Indian tribe, an In3 dian organization, or a consortium of such entities, 

4 that represents more than one-half of the eligible In5 dian children who are served by such local edu6 cational agency may apply for such grant. 

7 ‘‘(2) UNAFFILIATED INDIAN TRIBES.—An In8 dian tribe that operates a school and is not affiliated 

9 with either the local educational agency or the Bu10 reau of Indian Education shall be eligible to apply 

11 for a grant under this subpart. 

12 ‘‘(3) SPECIAL RULE.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 treat each Indian tribe, Indian organization, or 

15 consortium of such entities applying for a grant 

16 pursuant to paragraph (1) or (2) as if such 

17 tribe, Indian organization, or consortium were a 

18 local educational agency for purposes of this 

19 subpart . 

20 ‘‘(B) EXCEPTIONS.—Notwithstanding sub21 paragraph (A), such Indian tribe, Indian orga22 nization, or consortium shall not be subject to 

23 the requirements of subsections (b)(7) or (c)(5) 

24 of section 7114 or section 7118(c) or 7119. 


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1 ‘‘(4) ASSURANCE TO SERVE ALL INDIAN CHIL2 DREN.—An Indian tribe, Indian organization, or 

3 consortium of such entities that is eligible to apply 

4 for a grant under paragraph (1) shall include, in the 

5 application required under section 7114, an assur6 ance that the entity will use the grant funds to pro7 vide services to all Indian students served by the 

8 local educational agency. 

9 ‘‘(d) INDIAN COMMUNITY-BASED ORGANIZATION.— 

10 ‘‘(1) IN GENERAL.—If no local educational 

11 agency pursuant to subsection (b), and no Indian 

12 tribe, Indian organization, or consortium pursuant 

13 to subsection (c), applies for a grant under this sub14 part, an Indian community-based organization serv15 ing the community of the local educational agency 

16 may apply for such grant. 

17 ‘‘(2) APPLICABILITY OF SPECIAL RULE.—The 

18 Secretary shall apply the special rule in subsection 

19 (c)(3) to a community-based organization applying 

20 or receiving a grant under paragraph (1) in the 

21 same manner as such rule applies to an Indian tribe, 

22 Indian organization, or consortium. 

23 ‘‘(3) DEFINITION OF INDIAN COMMUNITY24 BASED ORGANIZATION.—In this subsection, the term 


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1 ‘Indian community-based organization’ means any 

2 organization that— 

3 ‘‘(A) is composed primarily of Indian par4 ents and community members, tribal govern5 ment education officials, and tribal members 

6 from a specific community; 

7 ‘‘(B) assists in the social, cultural, and 

8 educational development of Indians in such 

9 community; 

10 ‘‘(C) meets the unique cultural, language, 

11 and academic needs of Indian students; and 

12 ‘‘(D) demonstrates organizational capacity 

13 to manage the grant. 

14 ‘‘(e) CONSORTIA.— 

15 ‘‘(1) IN GENERAL.—A local educational agency, 

16 Indian tribe, or Indian organization that meets the 

17 eligibility requirements under this section may form 

18 a consortium with other eligible local educational 

19 agencies, Indian tribes, or Indian organizations for 

20 the purpose of obtaining grants and operating pro21 grams under this subpart. 

22 ‘‘(2) REQUIREMENTS FOR LOCAL EDUCATIONAL

23 AGENCIES IN CONSORTIA.—In any case where 2 or 

24 more local educational agencies that are eligible 

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1 tium to obtain a grant, or operate a program, under 

2 this subpart, each local educational agency partici3 pating in such a consortium shall— 

4 ‘‘(A) provide, in the application submitted 

5 under section 7114, an assurance that the eligi6 ble Indian children served by such local edu7 cational agency will receive the services of the 

8 programs funded under this subpart; and 

9 ‘‘(B) agree to be subject to all require10 ments, assurances, and obligations applicable to 

11 a local educational agency receiving a grant 

12 under this subpart.’’. 

13 SEC. 7113. AMOUNT OF GRANTS. 

14 Section 7113 (20 U.S.C. 7423) is amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (1)— 

17 (i) by striking ‘‘Bureau of Indian Af18 fairs’’ and inserting ‘‘Bureau of Indian 

19 Education’’; and 

20 (ii) by striking ‘‘$3,000’’ and insert21 ing ‘‘$10,000’’; and 

22 (B) in paragraph (3), by striking ‘‘$4,000’’ 

23 and inserting ‘‘$15,000’’; 

24 (2) in subsection (d)— 


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1 (A) in the subsection heading, by striking 

2 ‘‘BUREAU OF INDIAN AFFAIRS’’ and inserting 

3 ‘‘BUREAU OF INDIAN EDUCATION’’; 

4 (B) in paragraph (1)(A)(i), by striking 

5 ‘‘the Bureau of Indian Affairs’’ and inserting 

6 ‘‘the Bureau of Indian Education’’; and 

7 (C) in paragraph (2), by striking ‘‘section 

8 7114(c)(4)’’ and inserting ‘‘section 7114(c)(5)’’; 

9 and 

10 (3) in subsection (e), by striking ‘‘under section 

11 7152(a)’’ and inserting ‘‘to carry out this subpart’’. 

12 SEC. 7114. APPLICATIONS. 

13 (a) IN GENERAL.—Section 7114 (20 U.S.C. 7424) 

14 is amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (2)— 

17 (i) in subparagraph (A)— 

18 (I) by striking ‘‘is consistent 

19 with’’ and inserting ‘‘supports’’; and 

20 (II) by inserting ‘‘, tribal,’’ after 

21 ‘‘State’’; and 

22 (ii) in subparagraph (B), by striking 

23 ‘‘such goals’’ and all that follows through 

24 the semicolon at the end and inserting 

25 ‘‘such goals, to ensure such students meet 


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1 the same college and career ready State 

2 academic achievement standards under sec3 tion 1111(a)(1) for all children;’’; 

4 (B) by striking paragraph (3) and insert5 ing the following: 

6 ‘‘(3) explains how the local educational agency 

7 will use the funds made available under this subpart 

8 to supplement other Federal, State, and local pro9 grams that meet the needs of such students;’’; 

10 (C) in paragraph (5)— 

11 (i) in subparagraph (A), by striking 

12 ‘‘and’’ after the semicolon; and 

13 (ii) by adding at the end the fol14 lowing: 

15 ‘‘(C) the parents of Indian children, and 

16 representatives of Indian tribes, on the com17 mittee described in subsection (c)(5) will par18 ticipate in the planning of the professional de19 velopment materials;’’; 

20 (D) in paragraph (6)— 

21 (i) in subparagraph (B)— 

22 (I) in clause (i), by striking ‘‘sub23 section (c)(4); and’’ and inserting 

24 ‘‘subsection (c)(5);’’; and 


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1 (II) by adding at the end the fol2 lowing: 

3 ‘‘(iii) the Indian tribes whose children 

4 are served by the local educational agency; 

5 and’’; and 

6 (ii) in subparagraph (C), by striking 

7 the period at the end and inserting ‘‘; 

8 and’’; and 

9 (E) by adding at the end the following: 

10 ‘‘(7) describes— 

11 ‘‘(A) the formal process the local edu12 cational agency used to collaborate with Indian 

13 tribes located in the community in the develop14 ment of the comprehensive programs; and 

15 ‘‘(B) the actions taken as a result of the 

16 collaboration.’’; 

17 (2) in subsection (c)— 

18 (A) in paragraph (1), by striking ‘‘the edu19 cation of Indian children, and not to supplant 

20 such funds’’ and inserting ‘‘services and activi21 ties consistent with those described in this sub22 part, and not to supplant such funds’’; 

23 (B) by redesignating paragraphs (2), (3), 

24 and (4) as paragraphs (3), (4), and (5), respec25 tively; 


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1 (C) by inserting after paragraph (1) the 

2 following: 

3 ‘‘(2) the local educational agency will use funds 

4 received under this subpart only for activities de5 scribed and authorized under this subpart;’’; 

6 (D) in paragraph (3), as redesignated by 

7 subparagraph (B)— 

8 (i) in subparagraph (A), by striking 

9 ‘‘and’’ after the semicolon; 

10 (ii) in subparagraph (B)— 

11 (I) by inserting ‘‘, as measured 

12 by the State academic assessments re13 quired under section 1111(a)(2), high 

14 school graduation rates, and other 

15 academic outcomes as appropriate,’’ 

16 after ‘‘effective’’; and 

17 (II) by inserting ‘‘and’’ after the 

18 semicolon; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(C) determine the extent to which such 

22 activities address the unique cultural, language, 

23 and educational needs of Indian students;’’; 

24 (E) in paragraph (4)(C), as redesignated 

25 by subparagraph (B)— 


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1 (i) by inserting ‘‘representatives of In2 dian tribes with reservations located within 

3 50 miles of any of the schools that have 

4 Indian children in any such school,’’ after 

5 ‘‘Indian children and teachers’’; and 

6 (ii) by striking ‘‘and’’ after the semi7 colon; and 

8 (F) in paragraph (5), as redesignated by 

9 subparagraph (B)— 

10 (i) by inserting ‘‘and family members’’ 

11 after ‘‘parents’’ each place the term ap12 pears; 

13 (ii) in subparagraph (A)— 

14 (I) by redesignating clauses (ii) 

15 and (iii) as clauses (iii) and (iv), re16 spectively; and 

17 (II) by inserting after clause (i) 

18 the following: 

19 ‘‘(ii) representatives of Indian tribes 

20 with reservations located within 50 miles of 

21 any of the schools that have children in 

22 any such school;’’; 

23 (iii) in subparagraph (B), by adding 

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1 scribed in subparagraph (A)(ii)’’ after 

2 ‘‘children’’; 

3 (iv) in subparagraph (D)— 

4 (I) in clause (i), by striking 

5 ‘‘and’’ after the semicolon; and 

6 (II) by adding at the end the fol7 lowing: 

8 ‘‘(iii) determined that the program 

9 will directly enhance the educational expe10 rience of Indian and Alaska Native stu11 dents;’’; 

12 (v) in subparagraph (E), by striking 

13 the period at the end and inserting a semi14 colon; and 

15 (vi) by adding at the end the fol16 lowing: 

17 ‘‘(F) that shall determine the extent to 

18 which the activities of the local educational 

19 agency will address the unique cultural, lan20 guage, and education needs of Indian students; 

21 and 

22 ‘‘(G) that shall determine the extent to 

23 which grant funds will directly enhance the edu24 cational experiences of American Indian stu25 dents;’’; and 


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1 (G) by adding at the end the following: 

2 ‘‘(6) the local educational agency will coordinate 

3 activities under this title with other Federal pro4 grams supporting educational and related services 

5 administered by such agency; and 

6 ‘‘(7) the local educational agency conducted 

7 outreach to parents and family members to meet the 

8 requirements under subsection (c)(5).’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(d) OUTREACH.—The Secretary shall monitor the 

11 applications for grants under this subpart to identify eligi12 ble local educational agencies and schools operated by the 

13 Bureau of Indian Education that have not applied for such 

14 grants, and shall undertake appropriate outreach activities 

15 to encourage and assist eligible entities to submit applica16 tions for such grants. 

17 ‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall, 

18 directly or by contract, provide technical assistance to a 

19 local educational agency upon request (in addition to any 

20 technical assistance available under other provisions of 

21 this Act or available through the Institute of Education 

22 Sciences) to support the services and activities provided 

23 under this subpart, including technical assistance for— 

24 ‘‘(1) the development of applications under this 

25 subpart; 


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1 ‘‘(2) improvement in the quality of implementa2 tion, content, and evaluation of activities supported 

3 under this subpart; and 

4 ‘‘(3) integration of activities under this subpart 

5 with other educational activities carried out by the 

6 local educational agency.’’. 

7 SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES. 

8 Section 7115 (20 U.S.C. 7425) is amended— 

9 (1) in subsection (a)— 

10 (A) by adjusting the margin of paragraph 

11 (1) to align with paragraphs (2) and (3); and 

12 (B) in paragraph (1), by inserting ‘‘solely 

13 for the services and activities described in such 

14 application’’ after ‘‘section 7114(a)’’; 

15 (2) in subsection (b)— 

16 (A) by redesignating paragraphs (1) 

17 through (11) as paragraphs (2) through (12), 

18 respectively; 

19 (B) by inserting before paragraph (2), as 

20 redesignated by subparagraph (A), the fol21 lowing: 

22 ‘‘(1) activities that support Native American 

23 language immersion programs and Native American 

24 language restoration programs, which may be taught 

25 by traditional leaders;’’; 


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1 (C) in paragraph (3), as redesignated by 

2 subparagraph (A), by striking ‘‘early childhood’’ 

3 and inserting ‘‘high-quality early education’’; 

4 (D) in paragraph (4), as redesignated by 

5 subparagraph (A), by striking ‘‘challenging 

6 State academic content and student academic 

7 achievement standards’’ and inserting ‘‘college 

8 and career ready State academic content and 

9 student academic achievement standards under 

10 section 1111(a)’’; 

11 (E) by striking paragraph (5), as redesig12 nated by subparagraph (A), and inserting the 

13 following: 

14 ‘‘(5) integrated educational services in combina15 tion with other programs to meet the unique needs 

16 of Indian children and their families, including pro17 grams that promote parental involvement— 

18 ‘‘(A) in school activities; and 

19 ‘‘(B) to increase student achievement;’’; 

20 (F) by striking paragraph (7), as redesig21 nated by subparagraph (A), and inserting the 

22 following: 

23 ‘‘(7) activities to educate individuals so as to 

24 prevent violence, suicide, and substance abuse;’’; 


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1 (G) by striking paragraphs (10) and (11), 

2 as redesignated by subparagraph (A), and in3 serting the following: 

4 ‘‘(10) activities that incorporate culturally and 

5 linguistically relevant curriculum content into class6 room instruction that is responsive to the unique 

7 learning styles of Indian and Alaska Native children 

8 to ensure that such children are better able to meet 

9 the student academic achievement standards, con10 sistent with section 1111(a); 

11 ‘‘(11) family literacy activities;’’; 

12 (H) in paragraph (12), as redesignated by 

13 subparagraph (A), by striking ‘‘children’’ and 

14 all that follows through the period and inserting 

15 ‘‘children; and’’; and 

16 (I) by adding at the end the following: 

17 ‘‘(13) dropout prevention strategies and strate18 gies— 

19 ‘‘(A) to meet the educational needs of at20 risk Indian students in correctional facilities; 

21 and 

22 ‘‘(B) to support Indian students who are 

23 transitioning from such facilities to schools 

24 served by local educational agencies.’’; 

25 (3) in subsection (c)— 


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1 (A) in paragraph (1)— 

2 (i) by striking ‘‘section 7114(c)(4)’’ 

3 and inserting ‘‘section 7114(c)(5)’’; and 

4 (ii) by striking ‘‘; and’’ and inserting 

5 a semicolon; 

6 (B) in paragraph (2), by striking the pe7 riod and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(3) the local educational agency identifies in 

10 its application how the use of such funds in a 

11 schoolwide program will produce benefits to the In12 dian students that would not be achieved if the 

13 funds were not used in a schoolwide program.’’; and 

14 (4) by adding at the end the following: 

15 ‘‘(e) LIMITATION ON USE OF FUNDS.—Funds pro16 vided to a grantee under this subpart may not be used 

17 for long-distance travel expenses for training activities 

18 available locally or regionally.’’. 

19 SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED. 

20 Section 7116 (20 U.S.C. 7426) is amended— 

21 (1) in subsection (d)(9), by striking ‘‘section 

22 7114(c)(4)’’ and inserting ‘‘section 7114(c)(5)’’; 

23 (2) in subsection (g), in the matter preceding 

24 paragraph (1)— 


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1 (A) by striking ‘‘the No Child Left Behind 

2 Act of 2001’’ and inserting ‘‘the Strengthening 

3 America’s Schools Act of 2013’’; 

4 (B) by inserting ‘‘the Secretary of Health 

5 and Human Services,’’ after ‘‘the Secretary of 

6 the Interior,’’; and 

7 (C) by inserting ‘‘and coordination’’ after 

8 ‘‘providing for the implementation’’; 

9 (3) by striking subsection (o) and inserting the 

10 following: 

11 ‘‘(o) REPORT ON STATUTORY OBSTACLES TO, AND

12 BEST PRACTICES FOR, PROGRAM INTEGRATION.— 

13 ‘‘(1) IN GENERAL.—Not later than 3 years 

14 after the date of enactment of the Strengthening 

15 America’s Schools Act of 2013, the Secretary of 

16 Education shall submit a report to the authorizing 

17 committees, the Committee on Indian Affairs of the 

18 Senate, and the Committee on Natural Resources of 

19 the House of Representatives on the results of the 

20 implementation of the demonstration projects au21 thorized under this section. 

22 ‘‘(2) CONTENTS.—Such report shall identify— 

23 ‘‘(A) statutory barriers to the ability of 

24 participants to integrate more effectively their 

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1 dents in a manner consistent with the objectives 

2 of this section; and 

3 ‘‘(B) the best practices for program inte4 gration that result in increased student pro5 ficiency, graduation rates, and other relevant 

6 academic outcomes for Indian and Alaska Na7 tive students.’’. 

8 SEC. 7117. STUDENT ELIGIBILITY FORMS. 

9 Section 7117 (20 U.S.C. 7427) is amended— 

10 (1) in subsection (b)(1)— 

11 (A) in subparagraph (A)(ii), by inserting 

12 ‘‘or membership’’ after ‘‘enrollment’’; and 

13 (B) in subparagraph (B), by inserting ‘‘or 

14 membership’’ after ‘‘enrollment’’; 

15 (2) by striking subsections (d) and (e) and in16 serting the following: 

17 ‘‘(d) DOCUMENTATION AND TYPES OF PROOF.— 

18 ‘‘(1) TYPES OF PROOF.—For purposes of deter19 mining whether a child is eligible to be counted for 

20 the purpose of computing the amount of a grant 

21 award under section 7113, the membership of the 

22 child, or any parent or grandparent, of the child, in 

23 a tribe or band of Indians (as so defined) may be 

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1 ment number for a member of such tribe or band. 

2 Nothing in subsection (b) shall be construed to re3 quire the furnishing of an enrollment number. 

4 ‘‘(2) NO NEW OR DUPLICATE DETERMINA5 TIONS.—Once a child is determined to be an Indian 

6 eligible to be counted for such grant award, the local 

7 educational agency shall maintain a record of such 

8 determination and shall not require a new or dupli9 cate determination to be made for such child for a 

10 subsequent application for a grant under this sub11 part. 

12 ‘‘(3) PREVIOUSLY FILED FORMS.—An Indian 

13 student eligibility form that was on file as required 

14 by this section on the day before the date of enact15 ment of the Strengthening America’s Schools Act of 

16 2013 and that met the requirements of this section, 

17 as this section was in effect on the day before the 

18 date of enactment of such Act, shall remain valid for 

19 such Indian student.’’; 

20 (3) by redesignating subsections (f) and (g) as 

21 subsections (e) and (f), respectively; 

22 (4) in subsection (f), as redesignated by para23 graph (3), by striking ‘‘the Bureau of Indian Af24 fairs’’ and inserting ‘‘the Bureau of Indian Edu25 cation’’; and 


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1 (5) by inserting after subsection (f), as redesig2 nated by paragraph (3), the following: 

3 ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary shall, 

4 directly or through contract, provide technical assistance 

5 to a local educational agency upon request, in addition to 

6 any technical assistance available under section 1116 or 

7 available through the Institute of Education Sciences, to 

8 support the services and activities described under this 

9 section, including for the— 

10 ‘‘(1) development of applications under this sec11 tion; 

12 ‘‘(2) improvement in the quality of implementa13 tion, content of activities, and evaluation of activities 

14 supported under this subpart; 

15 ‘‘(3) integration of activities under this title 

16 with other educational activities established by the 

17 local educational agency; and 

18 ‘‘(4) coordination of activities under this title 

19 with programs administered by each Federal agency 

20 providing grants for the provision of educational and 

21 related services.’’. 


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1 Subpart 2—Special Programs and Projects to Im2 prove Educational Opportunities for Indian 

3 Children and Youth 

4 SEC. 7121. SPECIAL PROGRAMS AND PROJECTS TO IM5 PROVE EDUCATIONAL OPPORTUNITIES FOR 

6 INDIAN CHILDREN AND YOUTH. 

7 Subpart 2 of part A of title VII is amended by insert8 ing ‘‘and Youth’’ after ‘‘Children’’ in the subpart 

9 heading. 

10 SEC. 7122. IMPROVEMENT OF EDUCATIONAL OPPORTUNI11 TIES FOR INDIAN CHILDREN AND YOUTH. 

12 Section 7121 (20 U.S.C. 7441) is amended— 

13 (1) in the heading, by adding ‘‘AND YOUTH’’ 

14 after ‘‘CHILDREN’’; 

15 (2) in subsection (a), by inserting ‘‘and youth’’ 

16 after ‘‘children’’ both places the term appears; 

17 (3) in subsection (c)— 

18 (A) by inserting ‘‘and youth’’ after ‘‘chil19 dren’’ each place the term appears; and 

20 (B) in paragraph (1)— 

21 (i) in subparagraph (D), by inserting 

22 ‘‘emotional,’’ after ‘‘social,’’; 

23 (ii) by striking subparagraph (G) and 

24 inserting the following: 

25 ‘‘(G) high-quality early childhood education 

26 programs that are effective in preparing young 


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1 children to be making sufficient academic 

2 growth by the end of grade 3, including kinder3 garten and prekindergarten programs, family4 based preschool programs that emphasize school 

5 readiness, screening and referral, and the provi6 sion of services to Indian children and youth 

7 with disabilities;’’; 

8 (iii) in subparagraph (K), by striking 

9 ‘‘family literacy services’’ and inserting 

10 ‘‘family literacy activities’’; 

11 (iv) in subparagraph (L), by striking 

12 ‘‘qualified tribal elders and seniors; or’’ 

13 and inserting ‘‘traditional leaders;’’; 

14 (v) in subparagraph (M), by striking 

15 the period at the end and inserting ‘‘; or’’; 

16 and 

17 (vi) by adding at the end the fol18 lowing: 

19 ‘‘(N) other services that meet the purpose 

20 described in this section.’’; 

21 (C) in paragraph (2), by striking ‘‘Profes22 sional development of’’ and inserting ‘‘High23 quality professional development of’’; 

24 (4) in subsection (d)— 


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1 (A) in paragraph (1)(C), by striking 

2 ‘‘make a grant payment for a grant described 

3 in this paragraph to an eligible entity after the 

4 initial year of the multi-year grant only if the 

5 Secretary determines’’ and inserting ‘‘award 

6 grants for an initial period of not more than 3 

7 years and may renew such grants for not more 

8 than an additional 2 years if the Secretary de9 termines’’; and 

10 (B) in paragraph (3)(B)— 

11 (i) in clause (i), by striking ‘‘parents 

12 of Indian children and representatives of 

13 Indian tribes’’ and inserting ‘‘family mem14 bers of Indian children and youth and offi15 cial representatives designated by the In16 dian tribes’’; and 

17 (ii) in clause (iii)— 

18 (I) by striking ‘‘information’’ and 

19 inserting ‘‘evidence’’; and 

20 (II) by striking ‘‘scientifically 

21 based’’ and inserting ‘‘evidence22 based’’; and 

23 (5) by adding at the end the following: 

24 ‘‘(f) CONTINUATION.—Notwithstanding any other 

25 provision of this section, a grantee that is carrying out 


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1 activities pursuant to a grant awarded under this section 

2 prior to the date of enactment of the Strengthening Amer3 ica’s Schools Act of 2013 may continue to carry out such 

4 activities under such grant in accordance with the terms 

5 of that grant award.’’. 

6 SEC. 7123. PROFESSIONAL DEVELOPMENT FOR TEACHERS 

7 AND EDUCATION PROFESSIONALS. 

8 Section 7122 (20 U.S.C. 7442) is amended— 

9 (1) in subsection (a), by striking paragraphs 

10 (1) and (2) and inserting the following: 

11 ‘‘(1) to increase the number of qualified Indian 

12 teachers and administrators serving Indian students; 

13 ‘‘(2) to provide training to qualified Indian indi14 viduals to become educators; and’’; 

15 (2) in subsection (d), by adding at the end the 

16 following: 

17 ‘‘(3) CONTINUATION.—Notwithstanding any 

18 other provision of this section, a grantee that is car19 rying out activities pursuant to a grant awarded 

20 under this section prior to the date of enactment of 

21 the Strengthening America’s Schools Act of 2013 

22 may continue to carry out such activities under such 

23 grant in accordance with the terms of that award.’’; 

24 (3) by striking subsection (e) and inserting the 

25 following: 


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1 ‘‘(e) APPLICATION.—Each eligible entity desiring a 

2 grant under this section shall submit an application to the 

3 Secretary at such time, in such manner, and accompanied 

4 by such information, as the Secretary may reasonably re5 quire. At a minimum, an application under this section 

6 shall describe how the eligible entity will— 

7 ‘‘(1) recruit qualified Indian individuals, such 

8 as students who may not be of traditional college 

9 age, to become teachers or principals; 

10 ‘‘(2) use funds made available under the grant 

11 to support the recruitment, preparation, and profes12 sional development of Indian teachers or principals 

13 in local educational agencies that serve a high pro14 portion of Indian students; and 

15 ‘‘(3) assist participants in meeting the require16 ments under subsection (h).’’; 

17 (4) by striking subsection (g) and inserting the 

18 following: 

19 ‘‘(g) GRANT PERIOD.—The Secretary shall award 

20 grants under this section for an initial period of not more 

21 than 3 years, and may renew such grants for not more 

22 than an additional 2 years if the Secretary finds that the 

23 grantee is achieving the objectives of the grant.’’; and 

24 (5) in subsection (h)(1)(A), by striking clause 

25 (ii) and inserting the following: 


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1 ‘‘(ii) in a local educational agency that 

2 serves a high proportion of Indian stu3 dents; or’’. 

4 Subpart 3—National Activities 

5 SEC. 7131. NATIONAL ACTIVITIES. 

6 Subpart 3 of part A of title VII (20 U.S.C. 7451 et 

7 seq.) is amended— 

8 (1) in section 7131— 

9 (A) in subsection (a)— 

10 (i) in the matter preceding paragraph 

11 (1), by striking ‘‘under section 7152(b)’’ 

12 and inserting ‘‘to carry out this subpart’’; 

13 (ii) in paragraph (1), by striking ‘‘the 

14 education’’ and inserting ‘‘improving the 

15 academic achievement and development’’; 

16 (iii) by striking paragraph (2); 

17 (iv) by redesignating paragraph (3) as 

18 paragraph (2); 

19 (v) in paragraph (2), as redesignated 

20 by clause (iv), by striking ‘‘Indians; and’’ 

21 and inserting ‘‘Indian students;’’; and 

22 (vi) by inserting after paragraph (2), 

23 as redesignated by clause (iv), the fol24 lowing: 


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1 ‘‘(3) provide technical assistance and logistical 

2 support to grantees under this subpart; and’’; and 

3 (B) by striking subsection (c) and insert4 ing the following: 

5 ‘‘(c) COORDINATION.—Research activities supported 

6 under this section— 

7 ‘‘(1) shall be coordinated with appropriate of8 fices within the Department; and 

9 ‘‘(2) may include collaborative research activi10 ties that are jointly funded and carried out by the 

11 Bureau of Indian Education and the Institute of 

12 Education Sciences.’’; 

13 (2) by striking sections 7132, 7133, 7134, 

14 7135, and 7136; and 

15 (3) by adding at the end the following: 

16 ‘‘SEC. 7132. IMPROVEMENT OF ACADEMIC SUCCESS FOR 

17 STUDENTS THROUGH NATIVE AMERICAN 

18 LANGUAGE. 

19 ‘‘(a) PURPOSE.—It is the purpose of this section to 

20 improve educational opportunities and academic achieve21 ment of Indian and Alaska Native students through Na22 tive American language programs and to foster the acqui23 sition of Native American language. 

24 ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this sec25 tion, the term ‘eligible entity’ means a State educational 


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1 agency, local educational agency, Indian tribe, Indian or2 ganization, federally supported elementary school or sec3 ondary school for Indian students, Indian institution (in4 cluding an Indian institution of higher education), or a 

5 consortium of such entities. 

6 ‘‘(c) GRANTS AUTHORIZED.—The Secretary shall 

7 award grants to eligible entities to enable such entities to 

8 carry out the following activities: 

9 ‘‘(1) Native American language programs 

10 that— 

11 ‘‘(A) provide instruction through the use of 

12 a Native American language for not less than 

13 10 children for an average of not less than 500 

14 hours per year per student; 

15 ‘‘(B) provide for the involvement of par16 ents, caregivers, and families of students en17 rolled in the program; 

18 ‘‘(C) utilize, and may include the develop19 ment of, instructional courses and materials for 

20 learning Native American languages and for in21 struction through the use of Native American 

22 languages; 

23 ‘‘(D) provide support for professional de24 velopment activities; and 


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1 ‘‘(E) include a goal of all students achiev2 ing— 

3 ‘‘(i) fluency in a Native American lan4 guage; and 

5 ‘‘(ii) academic proficiency in mathe6 matics, English, reading or language arts, 

7 and science. 

8 ‘‘(2) Native American language restoration pro9 grams that— 

10 ‘‘(A) provide instruction in not less than 1 

11 Native American language; 

12 ‘‘(B) provide support for professional de13 velopment activities for teachers of Native 

14 American languages; 

15 ‘‘(C) develop instructional materials for the 

16 programs; and 

17 ‘‘(D) include the goal of increasing pro18 ficiency and fluency in not less than 1 Native 

19 American language. 

20 ‘‘(d) APPLICATION.— 

21 ‘‘(1) IN GENERAL.—An eligible entity that de22 sires to receive a grant under this section shall sub23 mit an application to the Secretary at such time, in 

24 such manner, and accompanied by such information 

25 as the Secretary may require. 


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1 ‘‘(2) CERTIFICATION.—An eligible entity that 

2 submits an application for a grant to carry out the 

3 activity specified in subsection (c)(1), shall include 

4 in such application a certification that assures that 

5 such entity has experience and a demonstrated 

6 record of effectiveness in operating and admin7 istering a Native American language program or any 

8 other educational program in which instruction is 

9 conducted in a Native American language. 

10 ‘‘(e) GRANT DURATION.—The Secretary shall make 

11 grants under this section only on a multi-year basis. Each 

12 such grant shall be for a period not to exceed 5 years. 

13 ‘‘(f) DEFINITION.—In this section, the term ‘average’ 

14 means the aggregate number of hours of instruction 

15 through the use of a Native American language to all stu16 dents enrolled in a Native American language program 

17 during a school year divided by the total number of stu18 dents enrolled in the program. 

19 ‘‘(g) ADMINISTRATIVE COSTS.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), not more than 5 percent of the funds pro22 vided to a grantee under this section for any fiscal 

23 year may be used for administrative purposes. 

24 ‘‘(2) EXCEPTION.—An elementary school or 

25 secondary school for Indian students that receives 


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1 funds from a recipient of a grant under subsection 

2 (c) for any fiscal year may use not more than 10 

3 percent of the funds for administrative purposes. 

4 ‘‘SEC. 7133. IMPROVING STATE AND TRIBAL EDUCATION 

5 AGENCY COLLABORATION. 

6 ‘‘The Secretary, in consultation with the Director of 

7 the Bureau of Indian Education, shall conduct a study of 

8 the relationship among State educational agencies, local 

9 educational agencies, and other relevant State and local 

10 agencies, and tribes or tribal representatives to— 

11 ‘‘(1) identify examples of best practices in col12 laboration among those entities that result in the 

13 provision of better services to Indian students; and 

14 ‘‘(2) provide recommendations on— 

15 ‘‘(A) State educational agency functions 

16 that tribal educational agencies could perform; 

17 ‘‘(B) areas and agency functions in which 

18 greater State educational agency and tribal 

19 education agency collaboration is needed; and 

20 ‘‘(C) other steps to reducing barriers to 

21 serving Indian students, especially such stu22 dents who are at risk of academic failure.’’. 


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1 Subpart 4—Federal Administration 

2 SEC. 7141. NATIONAL ADVISORY COUNCIL ON INDIAN EDU3 CATION. 

4 Section 7141(b)(1) (20 U.S.C. 7471(b)(1)) is amend5 ed by inserting ‘‘and the Secretary of the Interior’’ after 

6 ‘‘advise the Secretary’’. 

7 Subpart 5—Definitions; Authorization of 

8 Appropriations 

9 SEC. 7151. DEFINITIONS; AUTHORIZATION OF APPROPRIA10 TIONS. 

11 Subpart 5 of part A of title VII (20 U.S.C. 7491 et 

12 seq.) is amended— 

13 (1) in the subpart heading, by striking ‘‘; Au14 thorizations of Appropriations’’; 

15 (2) by striking section 7152; and 

16 (3) in section 7151— 

17 (A) by striking paragraph (2); 

18 (B) by redesignating paragraph (3) as 

19 paragraph (2); and 

20 (C) by adding at the end the following: 

21 ‘‘(3) TRADITIONAL LEADERS.—The term ‘tradi22 tional leaders’ has the meaning given the term in the 

23 Native American Languages Act of 1990 (25 U.S.C. 

24 2902).’’. 


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1 PART B—NATIVE HAWAIIAN EDUCATION; ALASKA 

2 NATIVE EDUCATION 

3 SEC. 7201. NATIVE HAWAIIAN EDUCATION AND ALASKA NA4 TIVE EDUCATION. 

5 Title VII (20 U.S.C. 7401 et seq.) is amended— 

6 (1) in part B, by striking the part heading and 

7 inserting the following: ‘‘NATIVE HAWAIIAN EDU8 CATION; ALASKA NATIVE EDUCATION’’; 

9 (2) by inserting before section 7201 the fol10 lowing: 

11 ‘‘Subpart 1—Native Hawaiian Education’’; 

12 (3) in section 7201, by striking ‘‘part’’ and in13 serting ‘‘subpart’’; 

14 (4) by redesignating part C as subpart 2 of 

15 part B; and 

16 (5) in subpart 2 of part B, as redesignated by 

17 paragraph (4), by striking the heading and inserting 

18 ‘‘Alaska Native Education’’. 

19 Subpart 1—Native Hawaiian Education 

20 SEC. 7202. FINDINGS. 

21 Section 7202 (20 U.S.C. 7512) is amended to read 

22 as follows: 

23 ‘‘SEC. 7202. FINDINGS. 

24 ‘‘Congress finds the following: 

25 ‘‘(1) Native Hawaiians are a distinct and 

26 unique indigenous people with a historical continuity 


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1 to the original inhabitants of the Hawaiian archi2 pelago, whose society was organized as a nation and 

3 internationally recognized as a nation by the United 

4 States, and many other countries. 

5 ‘‘(2) Native Hawaiians have a cultural, historic, 

6 and land-based link to the indigenous people who ex7 ercised sovereignty over the Hawaiian Islands. 

8 ‘‘(3) The political relationship between the 

9 United States and the Native Hawaiian people has 

10 been recognized and reaffirmed by the United 

11 States, as evidenced by the inclusion of Native Ha12 waiians in many Federal statutes. 

13 ‘‘(4) In 1993, 2005, and 2009, the Kameha14 meha Schools Bishop Estate released the findings of 

15 the Native Hawaiian Educational Assessment 

16 Project, which found that despite the successes of 

17 the programs established under title IV of the Au18 gustus F. Hawkins-Robert T. Stafford Elementary 

19 and Secondary School Improvement Amendments of 

20 1988, many of the same educational needs still ex21 isted for Native Hawaiians. 

22 ‘‘(5) The percentage of Native Hawaiian stu23 dents served by the State of Hawaii Department of 

24 Education rose 30 percent from 1980 to 2008, and 

25 there are and will continue to be geographically 


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1 rural, isolated areas with a high Native Hawaiian 

2 population density. 

3 ‘‘(6) The Native Hawaiian people are deter4 mined to preserve, develop, and transmit to future 

5 generations their ancestral territory and their cul6 tural identity in accordance with their own spiritual 

7 and traditional beliefs, customs, practices, language, 

8 and social institutions. 

9 ‘‘(7) The State of Hawaii, in the constitution 

10 and statutes of the State of Hawaii— 

11 ‘‘(A) reaffirms and protects the unique 

12 right of the Native Hawaiian people to practice 

13 and perpetuate their culture and religious cus14 toms, beliefs, practices, and language; 

15 ‘‘(B) recognizes the traditional language of 

16 the Native Hawaiian people as an official lan17 guage of the State of Hawaii, which may be 

18 used as the language of instruction for all sub19 jects and grades in the public school system; 

20 and 

21 ‘‘(C) promotes the study of the Hawaiian 

22 culture, language, and history by providing a 

23 Hawaiian education program and using commu24 nity expertise as a suitable and essential means 

25 to further the program.’’. 


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1 SEC. 7203. PURPOSES. 

2 Section 7203 (20 U.S.C. 7513) is amended to read 

3 as follows: 

4 ‘‘SEC. 7203. PURPOSES. 

5 ‘‘The purposes of this subpart are to— 

6 ‘‘(1) develop, implement, assess, expand, and 

7 evaluate innovative educational programs, Native 

8 Hawaiian language medium programs, Native Ha9 waiian culture-based education programs, and other 

10 education programs to improve the academic 

11 achievement of Native Hawaiian students by meet12 ing their unique cultural and language needs to help 

13 such students meet college and career ready State 

14 academic content and student academic achievement 

15 standards adopted under section 1111(a)(1); 

16 ‘‘(2) provide guidance to appropriate Federal, 

17 State, and local agencies to more effectively and effi18 ciently focus resources, including resources made 

19 available under this subpart, on the development and 

20 implementation of— 

21 ‘‘(A) innovative educational programs for 

22 Native Hawaiian students; 

23 ‘‘(B) rigorous and substantive Native Ha24 waiian language programs; and 

25 ‘‘(C) Native Hawaiian culture-based edu26 cational programs; and 


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1 ‘‘(3) create a system by which information from 

2 programs funded under this subpart will be col3 lected, analyzed, evaluated, reported, and used in de4 cision making activities with respect to the types of 

5 grants awarded under this subpart.’’. 

6 SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL. 

7 Section 7204 (20 U.S.C. 7514) is amended to read 

8 as follows: 

9 ‘‘SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL. 

10 ‘‘(a) GRANT AUTHORIZED.— 

11 ‘‘(1) IN GENERAL.—In order to better effec12 tuate the purposes of this subpart through the co13 ordination of educational and related services and 

14 programs available to Native Hawaiian students, in15 cluding those programs receiving funding under this 

16 subpart, the Secretary shall award a grant to an 

17 education council, as described in subsection (b). 

18 ‘‘(2) DURATION OF GRANT.—A grant under 

19 this section shall be for a period of 5 years. 

20 ‘‘(3) FUNDING.—For each fiscal year, the Sec21 retary shall use the amount described in section 

22 7205(h)(1) to make a payment under the grant. 

23 Funds made available through the grant shall re24 main available until expended. 

25 ‘‘(b) COMPOSITION.— 


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1 ‘‘(1) ELIGIBILITY.—To be eligible to receive the 

2 grant under subsection (a), the council shall be an 

3 education council (referred to in this section as the 

4 ‘Education Council’) that meets the requirements of 

5 this subsection. 

6 ‘‘(2) IN GENERAL.—The Education Council 

7 shall consist of 15 members, of whom— 

8 ‘‘(A) 1 shall be the President of the Uni9 versity of Hawaii (or a designee); 

10 ‘‘(B) 1 shall be the Governor of the State 

11 of Hawaii (or a designee); 

12 ‘‘(C) 1 shall be the Superintendent of the 

13 State of Hawaii Department of Education (or a 

14 designee); 

15 ‘‘(D) 1 shall be the chairperson of the Of16 fice of Hawaiian Affairs (or a designee); 

17 ‘‘(E) 1 shall be the executive director of 

18 Hawaii’s Charter School Network (or a des19 ignee); 

20 ‘‘(F) 1 shall be the chief executive officer 

21 of the Kamehameha Schools (or a designee); 

22 ‘‘(G) 1 shall be the chairperson of the 

23 Queen Liliuokalani Trust (or a designee); 

24 ‘‘(H) 1 shall be a member, selected by the 

25 other members of the Education Council, who 


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1 represents a private grant making entity (or a 

2 designee); 

3 ‘‘(I) 1 shall be the mayor of the County of 

4 Hawaii (or a designee); 

5 ‘‘(J) 1 shall be the Mayor of Maui County 

6 (or a designee from the Island of Maui); 

7 ‘‘(K) 1 shall be the Mayor of the County 

8 of Kauai (or a designee); 

9 ‘‘(L) 1 shall be appointed by the Mayor of 

10 Maui County from the Island of either Molokai 

11 or Lanai; 

12 ‘‘(M) 1 shall be the Mayor of the City and 

13 County of Honolulu (or a designee); 

14 ‘‘(N) 1 shall be the Chairperson of the Ha15 waiian Homes Commission (or a designee); and 

16 ‘‘(O) 1 shall be the Chairperson of the Ha17 waii Workforce Development Council (or a des18 ignee representing the private sector). 

19 ‘‘(3) REQUIREMENTS.—Any designee serving on 

20 the Council shall demonstrate, as determined by the 

21 individual who appointed such designee with input 

22 from the Native Hawaiian community, not less than 

23 5 years of experience as a consumer or provider of 

24 Native Hawaiian education or cultural activities, 


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1 with traditional cultural experience given due consid2 eration. 

3 ‘‘(4) LIMITATION.—A member of the Education 

4 Council, including a designee, may not receive, as an 

5 individual, grant funds awarded under this subpart 

6 while serving on the Education Council. 

7 ‘‘(5) NO COMPENSATION.—None of the funds 

8 made available through the grant may be used to 

9 provide compensation to any member of the Edu10 cation Council or member of a working group estab11 lished by the Education Council, for functions de12 scribed in this section. 

13 ‘‘(6) ADMINISTRATIVE PROVISIONS RELATING

14 TO EDUCATION COUNCIL.—The Education Council 

15 shall meet at the call of the Chair of the Council, 

16 or upon request by a majority of the members of the 

17 Education Council, but in any event not less often 

18 than every 120 days. 

19 ‘‘(7) CHAIR, VICE CHAIR.— 

20 ‘‘(A) SELECTION.—The Education Council 

21 shall select a Chair and Vice Chair from among 

22 the members of the Education Council. 

23 ‘‘(B) SERVICE.—The Chair and Vice Chair 

24 selected under subparagraph (A) shall each 

25 serve for one 2-year term. 


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1 ‘‘(c) USE OF FUNDS FOR TECHNICAL ASSISTANCE

2 AND ASSESSMENT.—The Education Council shall use 

3 funds made available through the grant under this section 

4 to carry out, directly or through subgrant or contract, the 

5 following activities: 

6 ‘‘(1) Providing technical assistance to Native 

7 Hawaiian organizations that are grantees or poten8 tial grantees under this subpart. 

9 ‘‘(2) Obtaining from such grantees information 

10 and data regarding grants awarded under this sub11 part, including information and data about— 

12 ‘‘(A) the effectiveness of such grantees in 

13 meeting the educational priorities recommended 

14 by the Education Council under subsection 

15 (e)(1)(B), using metrics consistent with such 

16 priorities; and 

17 ‘‘(B) the effectiveness of such grantees in 

18 carrying out any of the activities described in 

19 section 7205(c) that are related to the specific 

20 goals and purposes of each grantee’s grant 

21 project, using metrics consistent with such 

22 goals and purposes. 

23 ‘‘(3) Assessing and defining the educational 

24 needs of Native Hawaiians. 


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1 ‘‘(4) Assessing the programs and services avail2 able to address the educational needs of Native Ha3 waiians. 

4 ‘‘(5) Assessing and evaluating the individual 

5 and aggregate impact achieved by grantees under 

6 this subpart in improving Native Hawaiian edu7 cational performance and meeting the goals of this 

8 subpart. 

9 ‘‘(6) Providing direction and guidance, through 

10 the issuance of reports and recommendations, to ap11 propriate Federal, State, and local agencies in order 

12 to focus and improve the use of resources, including 

13 resources made available under this subpart, relating 

14 to Native Hawaiian student education, and serve, 

15 where appropriate, in an advisory capacity. 

16 ‘‘(7) Hiring an executive director to enable the 

17 Commission to carry out the activities described in 

18 this subsection. 

19 ‘‘(d) USE OF FUNDS FOR COMMUNITY CONSULTA20 TIONS.—The Education Council shall use funds made 

21 available through the grant under this section to hold not 

22 less than 1 community consultation each year on each of 

23 the Islands of Hawaii, Maui, Molokai, Lanai, Oahu, and 

24 Kauai, at which— 


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1 ‘‘(1) not less than 3 members of the Education 

2 Council shall be in attendance; 

3 ‘‘(2) the Education Council shall gather com4 munity input regarding— 

5 ‘‘(A) entities that are, at the time of the 

6 community consultation, receiving a grant 

7 under this subpart; 

8 ‘‘(B) priorities and needs; and 

9 ‘‘(C) other Native Hawaiian educational 

10 issues; and 

11 ‘‘(3) the Education Council shall report to the 

12 community on the outcomes of the grants awarded 

13 under this subpart. 

14 ‘‘(e) REPORTS.— 

15 ‘‘(1) ANNUAL EDUCATION COUNCIL REPORT.— 

16 The Education Council shall use funds made avail17 able through the grant under this section to prepare 

18 and submit to the Secretary, before the end of each 

19 calendar year, annual reports that contain— 

20 ‘‘(A) a description of the activities of the 

21 Education Council during the preceding cal22 endar year; 

23 ‘‘(B) recommendations of the Education 

24 Council, if any, regarding priorities to be estab25 lished under section 7205(b); 


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1 ‘‘(C) significant barriers to achieving the 

2 goals under this subpart; 

3 ‘‘(D) a summary of each community con4 sultation session, as described in subsection (d); 

5 and 

6 ‘‘(E) recommendations to establish funding 

7 priorities based on an assessment of— 

8 ‘‘(i) the educational needs of Native 

9 Hawaiians; 

10 ‘‘(ii) programs and services currently 

11 available to address such needs, including 

12 the effectiveness of such programs in im13 proving educational performance of Native 

14 Hawaiians; and 

15 ‘‘(iii) priorities for funding in specific 

16 geographic communities. 

17 ‘‘(2) REPORT BY THE SECRETARY.—Not later 

18 than 2 years after the date of enactment of the 

19 Strengthening America’s Schools Act of 2013, the 

20 Secretary shall prepare and submit to the Com21 mittee on Indian Affairs of the Senate and the au22 thorizing committees a report that— 

23 ‘‘(A) summarizes the annual reports of the 

24 Education Council; 


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1 ‘‘(B) describes the allocation and use of 

2 funds under this subpart and the information 

3 gathered since the first annual report submitted 

4 by the Education Council to the Secretary 

5 under this section; and 

6 ‘‘(C) contains recommendations for 

7 changes in Federal, State, and local policy to 

8 advance the purposes of this subpart.’’. 

9 SEC. 7205. PROGRAM AUTHORIZED. 

10 Section 7205 (20 U.S.C. 7515) is amended to read 

11 as follows: 

12 ‘‘SEC. 7205. PROGRAM AUTHORIZED. 

13 ‘‘(a) GRANTS AND CONTRACTS.—In order to carry 

14 out programs that meet the purposes of this subpart, the 

15 Secretary is authorized to award grants to, or enter into 

16 contracts with— 

17 ‘‘(1) Native Hawaiian educational organiza18 tions; 

19 ‘‘(2) Native Hawaiian community-based organi20 zations; 

21 ‘‘(3) public and private nonprofit organizations, 

22 agencies, and institutions with experience in success23 fully developing or operating Native Hawaiian edu24 cation and workforce development programs or proVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 00949 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 grams of instruction in the Native Hawaiian lan2 guage; 

3 ‘‘(4) charter schools; and 

4 ‘‘(5) consortia of the organizations, agencies, 

5 institutions, and schools described in paragraphs (1) 

6 through (4). 

7 ‘‘(b) PRIORITY.—In awarding grants and entering 

8 into contracts under this subpart, the Secretary shall give 

9 priority to— 

10 ‘‘(1) programs that meet the educational prior11 ities recommended by the Education Council under 

12 section 7204(e)(1)(B); 

13 ‘‘(2) programs designed to improve the aca14 demic achievement of Native Hawaiian students by 

15 meeting their unique cultural and linguistic needs in 

16 order to help such students meet college and career 

17 ready academic standards adopted under section 

18 1111(a)(1); and 

19 ‘‘(3) programs in which a State educational 

20 agency, local educational agency, institution of high21 er education, or a State educational agency or local 

22 educational agency in partnership with an institution 

23 of higher education apply for a grant or contract 

24 under this subpart as part of a partnership or con25 sortium. 


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1 ‘‘(c) AUTHORIZED ACTIVITIES.—Activities provided 

2 through programs carried out under this subpart may in3 clude— 

4 ‘‘(1) the development and maintenance of a 

5 statewide Native Hawaiian early childhood education 

6 system to provide a continuum of high-quality serv7 ices for Native Hawaiian children from the prenatal 

8 period through the age of kindergarten entry; 

9 ‘‘(2) the operation of family-based education 

10 centers that provide such services as— 

11 ‘‘(A) programs for Native Hawaiian par12 ents and their infants from the prenatal period 

13 of infancy through age 3; 

14 ‘‘(B) preschool programs for Native Ha15 waiian children; and 

16 ‘‘(C) research on, and development and as17 sessment of, family-based early childhood edu18 cation programs for Native Hawaiians; 

19 ‘‘(3) activities that enhance beginning reading 

20 and literacy in either the Hawaiian or the English 

21 language among Native Hawaiian students in kin22 dergarten through grade 3 and assistance in ad23 dressing the distinct features of combined English 

24 and Hawaiian literacy for Hawaiian speakers in 

25 grades 5 and 6; 


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1 ‘‘(4) activities to meet the special needs of Na2 tive Hawaiian students with disabilities, including— 

3 ‘‘(A) the identification of such students 

4 and their needs; 

5 ‘‘(B) the provision of support services to 

6 the families of those students; and 

7 ‘‘(C) other activities consistent with the re8 quirements of the Individuals with Disabilities 

9 Education Act; 

10 ‘‘(5) activities that address the special needs of 

11 Native Hawaiian students who are gifted and tal12 ented, including— 

13 ‘‘(A) educational, psychological, social, 

14 emotional, and developmental activities designed 

15 to assist in the educational progress of such 

16 students; and 

17 ‘‘(B) activities that involve the parents of 

18 such students in a manner designed to assist in 

19 the students’ educational progress; 

20 ‘‘(6) the development of academic and career 

21 and technical curricula to address the needs of Na22 tive Hawaiian children, youth, and adults, including 

23 curricula materials in the Hawaiian language and 

24 mathematics, science, engineering, and technology 


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1 curricula that incorporate Native Hawaiian tradition 

2 and culture; 

3 ‘‘(7) professional development activities for edu4 cators, including— 

5 ‘‘(A) the development of programs to pre6 pare prospective teachers to address the unique 

7 needs of Native Hawaiian students within the 

8 context of Native Hawaiian culture, language, 

9 and traditions; 

10 ‘‘(B) in-service programs to improve the 

11 ability of teachers who teach in schools with 

12 concentrations of Native Hawaiian students to 

13 meet those students’ unique needs; and 

14 ‘‘(C) the recruitment and preparation of 

15 Native Hawaiian individuals, and other individ16 uals who live in communities with a high con17 centration of Native Hawaiians, to become 

18 teachers or leaders; 

19 ‘‘(8) the operation of community-based learning 

20 centers that address the needs of Native Hawaiian 

21 families and communities through the coordination 

22 of public and private programs and services, includ23 ing— 

24 ‘‘(A) early childhood education programs, 

25 including preschool programs; 


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1 ‘‘(B) before- and after-school programs 

2 and weekend academies; 

3 ‘‘(C) career and technical and adult edu4 cation programs; and 

5 ‘‘(D) programs that recognize and support 

6 the unique cultural and educational needs of 

7 Native Hawaiian children and youth and incor8 porate appropriately qualified Native Hawaiian 

9 elders and seniors; 

10 ‘‘(9) activities, including program co-location, to 

11 enable Native Hawaiian individuals to enter and 

12 complete programs of postsecondary education, in13 cluding— 

14 ‘‘(A) the provision of full or partial schol15 arships for undergraduate or graduate study 

16 that are awarded to students based on their 

17 academic promise and financial need, with a 

18 priority, at the graduate level, given to Native 

19 Hawaiian students entering professions in 

20 which Native Hawaiians are underrepresented; 

21 ‘‘(B) family literacy activities; 

22 ‘‘(C) counseling and support services for 

23 students receiving scholarship assistance; 


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1 ‘‘(D) counseling and guidance for Native 

2 Hawaiian secondary school students who have 

3 the potential to receive scholarships; 

4 ‘‘(E) assistance with completing the higher 

5 education admissions and financial aid applica6 tion process; and 

7 ‘‘(F) faculty development activities de8 signed to promote the matriculation of Native 

9 Hawaiian students; 

10 ‘‘(10) activities that recognize and support the 

11 unique needs of Native Hawaiian youth regarding 

12 the completion of quality workforce preparation and 

13 training programs and activities, including appren14 ticeship programs; 

15 ‘‘(11) research and data collection activities to 

16 determine the educational status and needs of Na17 tive Hawaiian children and youth; 

18 ‘‘(12) other research and evaluation activities 

19 related to programs carried out under this subpart; 

20 and 

21 ‘‘(13) other activities, consistent with the pur22 poses of this subpart, to meet the educational needs 

23 of Native Hawaiian children and youth. 


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1 ‘‘(d) ADDITIONAL ACTIVITIES.—From funds made 

2 available to carry out this subpart, the Secretary shall sup3 port the following: 

4 ‘‘(1) The development of a body of Native Ha5 waiian law. 

6 ‘‘(2) The repair and renovation of public 

7 schools that serve high concentrations of Native Ha8 waiian students. 

9 ‘‘(3) Informal education programs that present 

10 traditional Hawaiian knowledge, science, astronomy, 

11 and the environment through State museums or 

12 learning centers. 

13 ‘‘(4) Public charter schools serving high con14 centrations of Native Hawaiian students. 

15 ‘‘(5) The perpetuation of, and expansion of ac16 cess to, Hawaiian culture and history through digital 

17 archives. 

18 ‘‘(e) SPECIAL RULE AND CONDITIONS.— 

19 ‘‘(1) INSTITUTIONS OUTSIDE HAWAII.—The 

20 Secretary may not establish a policy under this sec21 tion that prevents a Native Hawaiian student en22 rolled at a 2- or 4-year degree-granting institution 

23 of higher education outside of the State of Hawaii 

24 from receiving a scholarship pursuant to subsection 

25 (c)(9)(A). 


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1 ‘‘(2) SCHOLARSHIP CONDITIONS.—The Sec2 retary shall establish conditions for receipt of a 

3 scholarship awarded under subsection (c)(9)(A). The 

4 conditions shall require that an individual seeking 

5 such a scholarship enter into a contract to provide 

6 professional services, either during the scholarship 

7 period or upon completion of a program of postsec8 ondary education, to the Native Hawaiian commu9 nity. 

10 ‘‘(f) TREATMENT OF FUNDS.— 

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), funds made available under this subpart 

13 shall be used to supplement, and not supplant, any 

14 State or local funds used to achieve the purposes of 

15 this subpart. 

16 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

17 apply to any nonprofit entity or Native Hawaiian 

18 community-based organization that receives a grant 

19 or other funds under this subpart. 

20 ‘‘(g) ADMINISTRATIVE COSTS.— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), not more than 5 percent of funds pro23 vided to a recipient of a grant or contract under 

24 subsection (a) for any fiscal year may be used for 

25 administrative purposes. 


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1 ‘‘(2) EXCEPTION.—Not more than 10 percent 

2 of funds provided under subsection (a) for any fiscal 

3 year to a nonprofit entity serving the Native Hawai4 ian community may be used for administrative pur5 poses. 

6 ‘‘(h) RESERVATION; AVAILABILITY OF FUNDS.— 

7 ‘‘(1) RESERVATION.—From the funds made 

8 available to carry out this subpart, the Secretary 

9 shall reserve, for each of fiscal years 2012 through 

10 2017, not less than $500,000 for the Education 

11 Council. 

12 ‘‘(2) AVAILABILITY.—Funds made available to 

13 carry out this subpart and funds reserved under this 

14 subsection shall remain available until expended.’’. 

15 SEC. 7206. ADMINISTRATIVE PROVISIONS. 

16 Section 7206 (20 U.S.C. 7516) is amended to read 

17 as follows: 

18 ‘‘SEC. 7206. ADMINISTRATIVE PROVISIONS. 

19 ‘‘(a) APPLICATION REQUIRED.— 

20 ‘‘(1) IN GENERAL.—No grant may be made 

21 under this subpart, and no contract may be entered 

22 into under this subpart, unless the entity seeking the 

23 grant or contract submits an application to the Sec24 retary at such time, in such manner, and containing 

25 such information as the Secretary may determine to 


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1 be necessary to carry out the provisions of this sub2 part. 

3 ‘‘(2) ACADEMIC PROJECTS.—Applications sub4 mitted under this subpart to carry out projects and 

5 activities that are academic in nature shall de6 scribe— 

7 ‘‘(A) the criteria that will be used to en8 sure that such projects and activities use evi9 dence-based strategies and methods; and 

10 ‘‘(B) the process through which the appli11 cant will monitor and report such activities, in12 cluding the achievement of identified objectives. 

13 ‘‘(b) APPLICATIONS TO EDUCATION COUNCIL.—The 

14 Secretary shall provide to the Education Council a copy 

15 of each grant or contract application submitted under this 

16 subpart. 

17 ‘‘(c) ANNUAL REPORT.— 

18 ‘‘(1) IN GENERAL.—Each entity that receives a 

19 grant under this subpart (except for section 7204) 

20 shall submit to the Secretary an annual report, in 

21 such form and containing such information as the 

22 Secretary may require, that determines the extent to 

23 which activities carried out with funds provided 

24 under this subpart are effective in improving the 


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1 educational achievement of Native Hawaiian stu2 dents served by such funds. 

3 ‘‘(2) CONTENT.—As a part of the information 

4 reported under paragraph (1), each entity that re5 ceives a grant under this subpart shall provide data, 

6 using information from the most recent year for 

7 which data are available, on— 

8 ‘‘(A) the academic achievement of the Na9 tive Hawaiian students the entity serves, as 

10 measured by the State assessments required 

11 under section 1111(a)(2) and the high school 

12 graduation rates and institution of higher edu13 cation attendance rates of those students; and 

14 ‘‘(B) such other measures as the Secretary 

15 may prescribe.’’. 

16 SEC. 7207. DEFINITIONS. 

17 Section 7207 (20 U.S.C. 7517) is amended— 

18 (1) in the matter preceding paragraph (1), by 

19 striking ‘‘part’’ and inserting ‘‘subpart’’; 

20 (2) by redesignating paragraphs (1) through 

21 (6) as paragraphs (2) through (7), respectively; and 

22 (3) by inserting before paragraph (2), as redes23 ignated by paragraph (2), the following: 


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1 ‘‘(1) COMMUNITY CONSULTATION.—The term 

2 ‘community consultation’ means a public gath3 ering— 

4 ‘‘(A) to discuss Native Hawaiian education 

5 concerns; and 

6 ‘‘(B) about which the public has been given 

7 not less than 30 days notice.’’. 

8 Subpart 2—Alaska Native Education 

9 SEC. 7301. ALASKA NATIVE EDUCATION. 

10 Subpart 2 of part B of title VII (20 U.S.C. 7541 

11 et seq.), as amended by section 7201, is further amended 

12 by striking sections 7301 through 7306 and inserting the 

13 following: 

14 ‘‘SEC. 7301. SHORT TITLE. 

15 ‘‘This subpart may be cited as the ‘Alaska Native 

16 Educational Equity, Support, and Assistance Act’. 

17 ‘‘SEC. 7302. FINDINGS. 

18 ‘‘Congress finds the following: 

19 ‘‘(1) The attainment of educational success is 

20 critical to the betterment of the conditions, long21 term well-being, and preservation of the culture and 

22 languages of Alaska Natives. 

23 ‘‘(2) It is the policy of the Federal Government 

24 to encourage the maximum participation by Alaska 

25 Natives in the planning and the management of 


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1 Alaska Native education programs and to support 

2 efforts developed by and undertaken within the Alas3 ka Native community to improve educational oppor4 tunity for all students. 

5 ‘‘(3) Alaska Native children enter and exit 

6 school with serious educational handicaps. 

7 ‘‘(4) The educational achievement of Alaska 

8 Native children is far below national norms. Alaska 

9 Native performance on standardized tests is low, 

10 Alaska Native student dropout rates are high, Na11 tives are significantly underrepresented among hold12 ers of baccalaureate degrees in the State of Alaska, 

13 and Alaska Natives are more likely than other Alas14 kans to be without access to employment. As a re15 sult, Alaska Native students are being denied their 

16 opportunity to become full participants in society 

17 and an entire generation is being condemned to an 

18 underclass status and a life of limited choices. 

19 ‘‘(5) The programs and activities authorized 

20 under this subpart are essential if educational handi21 caps are to be overcome. 

22 ‘‘(6) The sheer magnitude of the geographic 

23 and other barriers to be overcome in delivering edu24 cational services in rural Alaska and Alaska villages 

25 should be addressed through the development and 


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1 implementation of innovative, model programs in a 

2 variety of areas. 

3 ‘‘(7) Alaska Native children should be afforded 

4 the opportunity to begin their formal education on 

5 a par with their non-Native peers. The Federal Gov6 ernment should lend support to efforts developed by 

7 and undertaken within the Alaska Native community 

8 to improve educational opportunity for all students. 

9 ‘‘(8) In 1983, pursuant to Public Law 98–63 

10 (97 Stat. 326), Alaska ceased to receive educational 

11 funding from the Bureau of Indian Affairs. 

12 ‘‘SEC. 7303. PURPOSES. 

13 ‘‘The purposes of this subpart are as follows: 

14 ‘‘(1) To address the critical need to meet the 

15 unique educational needs of Alaska Natives. 

16 ‘‘(2) To authorize the development and expan17 sion of effective supplemental educational programs 

18 to benefit Alaska Natives. 

19 ‘‘(3) To supplement existing programs and au20 thorities in the area of education to further the pur21 poses of this subpart. 

22 ‘‘(4) To provide direction and guidance to ap23 propriate Federal, State, and local agencies to focus 

24 resources, including resources made available under 


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1 this subpart, on meeting the educational needs of 

2 Alaska Natives. 

3 ‘‘(5) To ensure the maximum participation by 

4 Alaska Natives in the planning and management of 

5 programs designed to serve Alaska Natives. 

6 ‘‘SEC. 7304. PROGRAM AUTHORIZED. 

7 ‘‘(a) GENERAL AUTHORITY.— 

8 ‘‘(1) GRANTS AND CONTRACTS.—The Secretary 

9 is authorized to make grants to, or enter into con10 tracts with, the following entities in order to enable 

11 such entities to carry out programs that meet the 

12 purposes of this subpart: 

13 ‘‘(A) Alaska Native organizations. 

14 ‘‘(B) Educational entities with experience 

15 in developing or operating Alaska Native pro16 grams or programs of instruction conducted in 

17 Alaska Native languages. 

18 ‘‘(C) Cultural and community-based orga19 nizations with experience in developing or oper20 ating programs to benefit the educational needs 

21 of Alaska Natives. 

22 ‘‘(D) Consortia of organizations and enti23 ties described in this paragraph. 


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1 ‘‘(2) PERMISSIBLE ACTIVITIES.—Activities pro2 vided through programs carried out under this sub3 part may include the following: 

4 ‘‘(A) The development and implementation 

5 of plans, methods, and strategies to improve the 

6 education of Alaska Natives. 

7 ‘‘(B) The development of curricula and 

8 programs that address the educational needs of 

9 Alaska Native students, including the following: 

10 ‘‘(i) Curricula materials that reflect 

11 the cultural diversity, languages, history, 

12 or the contributions of Alaska Natives. 

13 ‘‘(ii) Instructional programs that 

14 make use of Alaska Native languages and 

15 cultures. 

16 ‘‘(iii) Networks that develop, test, and 

17 disseminate best practices and introduce 

18 successful programs, materials, and tech19 niques to meet the educational needs of 

20 Alaska Native students in urban and rural 

21 schools. 

22 ‘‘(C) Training and professional develop23 ment activities for educators, including the fol24 lowing: 


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1 ‘‘(i) Pre-service and in-service training 

2 and professional development programs to 

3 prepare teachers to develop appreciation 

4 for and understanding of Alaska Native 

5 cultures, values, and ways of knowing and 

6 learning in order to effectively address the 

7 cultural diversity and unique needs of 

8 Alaska Native students. 

9 ‘‘(ii) The recruitment and preparation 

10 of teachers who are Alaska Native. 

11 ‘‘(iii) Programs that will lead to the 

12 certification and licensing of Alaska Native 

13 teachers, principals, and superintendents. 

14 ‘‘(D) The development and operation of 

15 home instruction programs for Alaska Native 

16 preschool children, to ensure the active involve17 ment of parents in their children’s education 

18 from the earliest ages. 

19 ‘‘(E) Family literacy activities. 

20 ‘‘(F) The development and operation of 

21 student enrichment programs, including such 

22 programs in science, technology, engineering, 

23 and mathematics that— 

24 ‘‘(i) are designed to prepare Alaska 

25 Native students to excel in such subjects; 


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1 ‘‘(ii) provide appropriate support serv2 ices to the families of such students that 

3 are needed to enable such students to ben4 efit from the programs; and 

5 ‘‘(iii) include activities that recognize 

6 and support the unique cultural and edu7 cational needs of Alaska Native children, 

8 and incorporate appropriately qualified 

9 Alaska Native elders and other tradition 

10 bearers. 

11 ‘‘(G) Research and data collection activi12 ties to determine the educational status and 

13 needs of Alaska Native children and adults. 

14 ‘‘(H) Other research and evaluation activi15 ties related to programs carried out under this 

16 subpart. 

17 ‘‘(I) Remedial and enrichment programs to 

18 assist Alaska Native students to be college or 

19 career ready upon graduation from high school. 

20 ‘‘(J) Parenting education for parents and 

21 caregivers of Alaska Native children to improve 

22 parenting and caregiving skills (including skills 

23 relating to discipline and cognitive develop24 ment), including parenting education provided 

25 through in-home visitation of new mothers. 


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1 ‘‘(K) Culturally based education programs 

2 designed and provided by an entity with dem3 onstrated experience in— 

4 ‘‘(i) providing programs of study, both 

5 on site and in local schools, to share the 

6 rich and diverse cultures of Alaska Native 

7 peoples among youth, elders, teachers, and 

8 the larger community; 

9 ‘‘(ii) instructing Alaska Native youth 

10 in leadership, communication, Native cul11 ture, arts, and languages; 

12 ‘‘(iii) increasing the high school grad13 uation rate of the Alaska Native students 

14 who are served; 

15 ‘‘(iv) providing instruction in Alaska 

16 Native history and ways of living to stu17 dents and teachers in the local school dis18 trict; 

19 ‘‘(v) providing intergenerational learn20 ing and internship opportunities to Alaska 

21 Native youth and young adults; and 

22 ‘‘(vi) providing cultural immersion ac23 tivities aimed at Alaska Native cultural 

24 preservation. 


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1 ‘‘(L) A statewide on-site exchange pro2 gram, for both students and teachers, involving 

3 schools and culture camps that demonstrates 

4 effectiveness in facilitating cultural relation5 ships between urban and rural Alaskans to 

6 build mutual respect and understanding, and 

7 foster a statewide sense of common identity 

8 through host family, school, and community 

9 cross-cultural immersion. Such a program 

10 should be competitively awarded. 

11 ‘‘(M) Activities carried out through Head 

12 Start programs carried out under the Head 

13 Start Act, including the training of teachers for 

14 such programs. 

15 ‘‘(N) Other early childhood education pro16 grams. 

17 ‘‘(O) Education programs for at-risk urban 

18 Alaska Native students in kindergarten through 

19 grade 12 that are operated by tribes or tribal 

20 organizations that have demonstrated experi21 ence in increasing graduation rates among such 

22 students and that— 

23 ‘‘(i) include a culturally informed cur24 riculum intended to preserve and promote 

25 Alaska Native culture; 


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1 ‘‘(ii) partner effectively with the local 

2 educational agency by providing a school3 within-a school program model; 

4 ‘‘(iii) provide high-quality academic 

5 instruction, small classroom sizes, and so6 cial-emotional support for students from 

7 elementary school through high school; 

8 ‘‘(iv) work with parents to increase 

9 parental involvement in their students’ 

10 education; 

11 ‘‘(v) have a proven track record of im12 proving academic proficiency and increas13 ing graduation rates; 

14 ‘‘(vi) provide college preparation and 

15 career planning; and 

16 ‘‘(vii) incorporate a strong data collec17 tion and continuous evaluation component 

18 at all levels of the program. 

19 ‘‘(P) A statewide program that has dem20 onstrated effectiveness in providing technical 

21 assistance and support to schools and commu22 nities in order to engage adults in promoting 

23 the academic progress and overall well-being of 

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1 tive youth-adult relationships, improved condi2 tions for learning (such as school climate and 

3 student connection to school and community), 

4 and increased connections between schools and 

5 families. 

6 ‘‘(Q) Career preparation activities to en7 able Alaska Native children and adults to pre8 pare for meaningful employment, including pro9 grams providing career and technical prepara10 tion, mentoring, training, and apprenticeship 

11 activities. 

12 ‘‘(R) The provision of operational support 

13 and the purchase of equipment to develop re14 gional career and technical schools in rural 

15 areas of Alaska, including boarding schools, for 

16 Alaska Native students in grades 9 through 12, 

17 or at higher levels of education, to provide the 

18 students with necessary resources to prepare for 

19 skilled employment opportunities. 

20 ‘‘(S) Other activities, consistent with the 

21 purposes of this subpart, to meet the edu22 cational needs of Alaska Native children and 

23 adults. 

24 ‘‘(T) Regional leadership academies that 

25 demonstrate effectiveness in building respect 


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1 and understanding and fostering a sense of 

2 Alaska Native identity to promote Alaska Na3 tive students pursuit of, and success in, com4 pleting higher education or career training. 

5 ‘‘(3) HOME INSTRUCTION PROGRAMS.—Home 

6 instruction programs for Alaska Native preschool 

7 children carried out under paragraph (2)(D) may in8 clude the following: 

9 ‘‘(A) Programs for parents and their in10 fants, from the prenatal period of the infant 

11 through age 3. 

12 ‘‘(B) Preschool programs. 

13 ‘‘(C) Training, education, and support for 

14 parents in such areas as reading readiness, ob15 servation, story telling, and critical thinking. 

16 ‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not 

17 more than 5 percent of funds provided to a grantee under 

18 this section for any fiscal year may be used for administra19 tive purposes. 

20 ‘‘(c) PRIORITIES.—In awarding grants or contracts 

21 to carry out activities described in this subpart, the Sec22 retary shall give priority to applications from Alaska Na23 tive regional nonprofit organizations, Alaska Native orga24 nizations, or consortia that include not less than 1 Alaska 

25 Native regional nonprofit organization. 


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1 ‘‘SEC. 7305. ADMINISTRATIVE PROVISIONS. 

2 ‘‘(a) APPLICATION REQUIRED.—No grant may be 

3 made under this subpart, and no contract may be entered 

4 into under this subpart, unless the entity seeking the 

5 grant or contract submits an application to the Secretary 

6 in such form, in such manner, and containing such infor7 mation as the Secretary may determine necessary to carry 

8 out the provisions of this subpart. 

9 ‘‘(b) APPLICATIONS.—A State educational agency or 

10 local educational agency may apply for an award under 

11 this subpart only as part of a consortium involving an 

12 Alaska Native organization. The consortium may include 

13 other eligible applicants. 

14 ‘‘(c) CONSULTATION REQUIRED.—Each applicant for 

15 an award under this subpart shall provide for ongoing ad16 vice from and consultation with representatives of the 

17 Alaska Native community. 

18 ‘‘(d) LOCAL EDUCATIONAL AGENCY COORDINA19 TION.—Each entity that applies for an award under this 

20 subpart shall inform each local educational agency that 

21 serves students who would participate in the program that 

22 such entity plans to carry out under the grant or contract 

23 about the application described in subsection (a). 

24 ‘‘SEC. 7306. DEFINITIONS. 

25 ‘‘In this subpart: 


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1 ‘‘(1) ALASKA NATIVE.—The term ‘Alaska Na2 tive’ has the same meaning as the term ‘Native’ has 

3 in section 3(b) of the Alaska Native Claims Settle4 ment Act (43 U.S.C. 1602(b)). 

5 ‘‘(2) ALASKA NATIVE ORGANIZATION.—The 

6 term ‘Alaska Native organization’ means a federally 

7 recognized tribe, a consortium of tribes, a regional 

8 nonprofit Alaska Native association, or another or9 ganization, that— 

10 ‘‘(A) has or commits to acquire expertise 

11 in the education of Alaska Natives; and 

12 ‘‘(B) has Alaska Natives in substantive 

13 and policymaking positions within the tribe, 

14 consortium, association, or organization.’’. 

15 TITLE VIII—IMPACT AID 

16 SEC. 8001. PURPOSE. 

17 Section 8001 (20 U.S.C. 7701) is amended, in the 

18 matter preceding paragraph (1), by striking ‘‘challenging 

19 State standards’’ and inserting ‘‘college and career ready 

20 State academic content and student academic achievement 

21 standards under section 1111(a)(1)’’. 

22 SEC. 8002. PAYMENTS RELATING TO FEDERAL ACQUISI23 TION OF REAL PROPERTY. 

24 (a) AMENDMENTS.—Section 8002 (20 U.S.C. 7702) 

25 is amended— 


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1 (1) in subsection (b)(1)(B), by striking 

2 ‘‘8014(a)’’ and inserting ‘‘3(aa)(1)’’; 

3 (2) in subsection (f)— 

4 (A) by aligning the margins of paragraphs 

5 (2) and (3) with the margins of paragraph (1); 

6 and 

7 (B) by striking paragraphs (4) and (5); 

8 (3) by striking subsection (g) and inserting the 

9 following: 

10 ‘‘(g) FORMER DISTRICTS.— 

11 ‘‘(1) CONSOLIDATIONS.—For fiscal year 2006 

12 and all succeeding fiscal years, if a local educational 

13 agency described in paragraph (2) is formed at any 

14 time after 1938 by the consolidation of 2 or more 

15 former school districts, the local educational agency 

16 may elect to have the Secretary determine its eligi17 bility and any amount for which the local edu18 cational agency is eligible under this section for any 

19 fiscal year on the basis of 1 or more of those former 

20 districts, as designated by the local educational 

21 agency. 

22 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN23 CIES.—A local educational agency referred to in 

24 paragraph (1) is— 


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1 ‘‘(A) any local educational agency that, for 

2 fiscal year 1994 or any preceding fiscal year, 

3 applied, and was determined to be eligible 

4 under section 2(c) of the Act of September 30, 

5 1950 (Public Law 874, 81st Congress) as the 

6 section was in effect for that fiscal year; or 

7 ‘‘(B) a local educational agency formed by 

8 the consolidation of 2 or more districts, at least 

9 1 of which was eligible for assistance under this 

10 section for the fiscal year preceding the year of 

11 consolidation, if— 

12 ‘‘(i) for fiscal years 2006 through 

13 2013, the local educational agency had no14 tified the Secretary of the designation not 

15 later than 30 days after the date of enact16 ment of the Strengthening America’s 

17 Schools Act of 2013; and 

18 ‘‘(ii) for fiscal year 2014, and any 

19 subsequent fiscal year, the local edu20 cational agency includes the designation in 

21 its application under section 8005 or any 

22 timely amendment to such application. 

23 ‘‘(3) AVAILABILITY OF FUNDS.—Notwith24 standing any other provision of law limiting the pe25 riod during which the Secretary may obligate funds 


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1 appropriated for any fiscal year after 2005, the Sec2 retary may obligate funds remaining after final pay3 ments have been made from any of such fiscal years 

4 to carry out this subsection.’’; 

5 (4) in subsection (h)— 

6 (A) in the matter preceding paragraph (1), 

7 by striking ‘‘8014(a)’’ and inserting ‘‘3(aa)(1)’’; 

8 (B) in paragraph (1)(C), by striking 

9 ‘‘8014(a)’’ and inserting ‘‘3(aa)(1)’’; and 

10 (C) in paragraph (2)— 

11 (i) in subparagraph (C)(ii), by strik12 ing ‘‘8014(a)’’ and inserting ‘‘3(aa)(1)’’; 

13 and 

14 (ii) in subparagraph (D), by striking 

15 ‘‘8014(a) of this title’’ and inserting 

16 ‘‘3(aa)(1)’’; 

17 (5) by striking paragraph (1) of subsection (i) 

18 and inserting the following: 

19 ‘‘(1) IN GENERAL.—The calculation of the 

20 foundation payment under subsection (h)(1)(B) for 

21 a local educational agency described in paragraph 

22 (2) of this subsection shall be equal to 90 percent 

23 of the payment received in fiscal year 2005, for fis24 cal year 2009 and each succeeding fiscal year.’’; 

25 (6) by striking subsections (k) and (m); 


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1 (7) by redesignating subsections (l) and (n) as 

2 subsections (j) and (k), respectively; 

3 (8) in subsection (j) (as redesignated by para4 graph (7)), in the matter preceding paragraph (1), 

5 by striking ‘‘(h)(4)(B)’’ and inserting ‘‘(h)(3)’’; and 

6 (9) by adding at the end the following: 

7 ‘‘(l) RECORDS.—The Secretary may base a deter8 mination of eligibility under subsection (a)(1) on original 

9 records (including facsimiles or other reproductions of 

10 those records) documenting the assessed value of real 

11 property, prepared by a legally authorized official as of 

12 the time of the Federal acquisition, or other records that 

13 the Secretary determines to be appropriate and reliable, 

14 including Federal agency records or local historical 

15 records.’’. 

16 (b) EFFECTIVE DATE.—Notwithstanding section 

17 5(d), this section, and the amendments made by this sec18 tion, shall take effect with respect to applications sub19 mitted under section 8002 of the Elementary and Sec20 ondary Education Act of 1965 on or after the date of en21 actment of this Act. 

22 SEC. 8003. PAYMENTS FOR ELIGIBLE FEDERALLY CON23 NECTED CHILDREN. 

24 Section 8003 (20 U.S.C. 7703) is amended— 

25 (1) in subsection (a)— 


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1 (A) in paragraph (1), in the matter pre2 ceding subparagraph (A), by inserting after ‘‘of 

3 such agency’’ the following: ‘‘(including those 

4 children enrolled in a State that has a State 

5 open enrollment policy but not including chil6 dren enrolled in a distance learning program 

7 who are not residing within the geographic 

8 boundaries of the agency)’’; and 

9 (B) in paragraph (5)(A), by inserting after 

10 ‘‘1984,’’ the following: ‘‘or under lease of off11 base property under subchapter IV of chapter 

12 169 of title 10, United States Code (10 U.S.C. 

13 2871 et seq.), to be children described in para14 graph (1)(B) if the property described is within 

15 the fenced security perimeter of the military fa16 cility or is attached to, and under any type of 

17 force protection agreement with, the military in18 stallation where such housing is situated,’’; 

19 (2) in subsection (b)— 

20 (A) in each of paragraphs (1)(A) and 

21 (2)(A)(i), by striking ‘‘8014(b)’’ and inserting 

22 ‘‘3(aa)(2)’’; 

23 (B) in paragraph (2)— 

24 (i) in subparagraph (B)— 


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1 (I) in the subparagraph heading, 

2 by striking ‘‘CONTINUING’’; 

3 (II) by striking clauses (i) and 

4 (ii) and inserting the following: 

5 ‘‘(i) IN GENERAL.—A heavily im6 pacted local educational agency is eligible 

7 to receive a basic support payment under 

8 subparagraph (A) with respect to a num9 ber of children determined under sub10 section (a)(1) if the agency— 

11 ‘‘(I) is a local educational agency 

12 whose boundaries are the same as a 

13 Federal military installation, or whose 

14 boundaries are the same as island 

15 property designated by the Secretary 

16 of the Interior to be property that is 

17 held in trust by the Federal Govern18 ment, and that has no taxing author19 ity; 

20 ‘‘(II) is a local educational agen21 cy that— 

22 ‘‘(aa) has an enrollment of 

23 children described in subsection 

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1 ment of the agency that is not 

2 less than 45 percent; 

3 ‘‘(bb) has a per-pupil ex4 penditure that is less than— 

5 ‘‘(AA) for an agency 

6 that has a total student en7 rollment of 500 or more stu8 dents, 125 percent of the av9 erage per-pupil expenditure 

10 of the State in which the 

11 agency is located; or 

12 ‘‘(BB) for an agency 

13 that has a total student en14 rollment of less than 500 

15 students, 150 percent of the 

16 average per-pupil expendi17 ture of the State in which 

18 the agency is located, or the 

19 average per-pupil expendi20 ture of 3 or more com21 parable local educational 

22 agencies in the State in 

23 which the agency is located; 

24 and 

25 ‘‘(cc) is an agency that— 


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1 ‘‘(AA) has a tax rate 

2 for general fund purposes 

3 that is not less than 95 per4 cent of the average tax rate 

5 for general fund purposes of 

6 comparable local educational 

7 agencies in the State; or 

8 ‘‘(BB) was eligible to 

9 receive a payment under this 

10 subsection for fiscal year 

11 2012 and is located in a 

12 State that by State law has 

13 eliminated ad valorem tax as 

14 a revenue source for local 

15 educational agencies; 

16 ‘‘(III) is a local educational agen17 cy that has an enrollment of children 

18 described in subsection (a)(1) that 

19 constitutes a percentage of the total 

20 student enrollment of the agency 

21 which is not less than 30 percent, and 

22 has a tax rate for general fund pur23 poses which is not less than 125 per24 cent of the average tax rate for gen25 eral fund purposes for comparable 


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1 local educational agencies in the 

2 State; or 

3 ‘‘(IV) is a local educational agen4 cy that has a total student enrollment 

5 of not less than 25,000 students, of 

6 which not less than 50 percent are 

7 children described in subsection (a)(1) 

8 and not less than 5,500 of such chil9 dren are children described in sub10 paragraphs (A) and (B) of subsection 

11 (a)(1). 

12 ‘‘(ii) LOSS OF ELIGIBILITY.— 

13 ‘‘(I) IN GENERAL.—A heavily im14 pacted local educational agency that 

15 met the requirements of clause (i) for 

16 a fiscal year shall be ineligible to re17 ceive a basic support payment under 

18 subparagraph (A) if the agency fails 

19 to meet the requirements of such 

20 clause for the subsequent fiscal year, 

21 except that such agency shall continue 

22 to receive a basic support payment 

23 under this paragraph for the fiscal 

24 year for which the ineligibility deter25 mination is made. 


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1 ‘‘(II) EXCEPTION.—Notwith2 standing subclause (I) and clause (i), 

3 a local educational agency that ob4 tains eligibility for a basic support 

5 payment under subparagraph (A) by 

6 meeting the requirements of clause 

7 (i)(II) for a fiscal year and, for the 

8 subsequent fiscal year, meets all of 

9 the requirements of such clause except 

10 for the requirement of item (cc) of 

11 such clause, shall be eligible to receive 

12 a basic support payment under sub13 paragraph (A). If, for the next subse14 quent fiscal year, such local edu15 cational agency again fails to meet the 

16 requirement of such item (cc), the 

17 local educational agency shall be ineli18 gible to receive a basic support pay19 ment under subparagraph (A), except 

20 that such agency shall continue to re21 ceive a basic support payment under 

22 this paragraph for the fiscal year for 

23 which the ineligibility determination is 

24 made.’’; and 


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1 (III) by adding at the end the 

2 following: 

3 ‘‘(iv) SPECIAL RULE.—Notwith4 standing clause (i)(II)(aa), a local edu5 cational agency shall be considered eligible 

6 to receive a basic support payment under 

7 subparagraph (A) with respect to the num8 ber of children determined under sub9 section (a)(1) for a fiscal year if the agen10 cy— 

11 ‘‘(I) has an enrollment of chil12 dren described in subsection (a)(1), 

13 including, for purposes of determining 

14 eligibility, those children described in 

15 subparagraphs (F) and (G) of such 

16 subsection, that constitutes a percent17 age of the total student enrollment of 

18 the agency that is not less than 35 

19 percent; 

20 ‘‘(II) was eligible to receive as21 sistance under this paragraph for fis22 cal year 2001; and 

23 ‘‘(III) meets the requirements of 

24 items (bb) and (cc) of clause (i)(II) 


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1 for the fiscal year for which the deter2 mination is being made. 

3 ‘‘(v) APPLICATION.—With respect to 

4 the first fiscal year for which a heavily im5 pacted local educational agency described 

6 in clause (i) applies for a basic support 

7 payment under subparagraph (A), or with 

8 respect to the first fiscal year for which a 

9 heavily impacted local educational agency 

10 applies for a basic support payment under 

11 subparagraph (A) after becoming ineligible 

12 under clause (i) for 1 or more preceding 

13 fiscal years, the agency shall apply for 

14 such payment at least 1 year prior to the 

15 start of that first fiscal year.’’; 

16 (ii) by striking subparagraphs (C) and 

17 (D) and inserting the following: 

18 ‘‘(C) MAXIMUM AMOUNT FOR HEAVILY IM19 PACTED LOCAL EDUCATIONAL AGENCIES.— 

20 ‘‘(i) IN GENERAL.—Except as pro21 vided for in subparagraph (D), the max22 imum amount that a heavily impacted local 

23 educational agency is eligible to receive 

24 under this paragraph for any fiscal year is 

25 the sum of the total weighted student 


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1 units, as computed under subsection (a)(2) 

2 and subject to clause (ii), multiplied by the 

3 greater of— 

4 ‘‘(I) four-fifths of the average 

5 per-pupil expenditure of the State in 

6 which the local educational agency is 

7 located for the third fiscal year pre8 ceding the fiscal year for which the 

9 determination is made; or 

10 ‘‘(II) four-fifths of the average 

11 per-pupil expenditure of all of the 

12 States for the third fiscal year pre13 ceding the fiscal year for which the 

14 determination is made. 

15 ‘‘(ii) SPECIAL RULES.— 

16 ‘‘(I) CALCULATIONS FOR LOCAL

17 EDUCATIONAL AGENCIES WITH LARGE

18 NUMBERS OF CERTAIN ELIGIBLE

19 CHILDREN.— 

20 ‘‘(aa) IN GENERAL.—In the 

21 case of a local educational agency 

22 with respect to which 35 percent 

23 or more of the total student en24 rollment of the schools of the 

25 agency are children described in 


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1 subparagraph (D) or (E) of sub2 section (a)(1), and that has an 

3 enrollment of children described 

4 in subparagraph (A), (B), or (C) 

5 of such subsection equal to at 

6 least 10 percent of the agency’s 

7 total enrollment, the Secretary 

8 shall calculate the weighted stu9 dent units of the children de10 scribed in subparagraph (D) or 

11 (E) of such subsection by multi12 plying the number of such chil13 dren by a factor of 0.55. 

14 ‘‘(bb) EXCEPTION.—Not15 withstanding subclause (I), any 

16 local educational agency that re17 ceived a payment under this 

18 clause for fiscal year 2006, shall 

19 not be required to have an enroll20 ment of children described in 

21 subparagraph (A), (B), or (C) of 

22 subsection (a)(1) equal to at least 

23 10 percent of the agency’s total 

24 enrollment for purposes of sub25 clause (I). 


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1 ‘‘(II) CALCULATIONS FOR LOCAL

2 EDUCATIONAL AGENCIES WITH SMALL

3 NUMBERS OF ELIGIBLE CHILDREN.— 

4 For a local educational agency that 

5 has an enrollment of 100 or fewer 

6 children described in subsection 

7 (a)(1), the Secretary shall calculate 

8 the total number of weighted student 

9 units for purposes of subsection (a)(2) 

10 by multiplying the number of such 

11 children by a factor of 1.75. 

12 ‘‘(III) CALCULATIONS FOR CER13 TAIN OTHER LOCAL EDUCATIONAL

14 AGENCIES.—For a local educational 

15 agency that does not qualify under 

16 paragraph (2)(B)(i)(I) and has an en17 rollment of more than 100 but not 

18 more than 1,000 children described in 

19 subsection (a)(1), the Secretary shall 

20 calculate the total number of weighted 

21 student units for purposes of sub22 section (a)(2) by multiplying the num23 ber of such children by a factor of 

24 1.25. 


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1 ‘‘(D) MAXIMUM AMOUNT FOR LARGE

2 HEAVILY IMPACTED LOCAL EDUCATIONAL

3 AGENCIES.— 

4 ‘‘(i) APPLICABLE FORMULA.— 

5 ‘‘(I) IN GENERAL.—Subject to 

6 clause (ii), the maximum amount that 

7 a heavily impacted local educational 

8 agency described in subclause (II) is 

9 eligible to receive under this para10 graph for any fiscal year shall be de11 termined in accordance with the for12 mula described in paragraph (1)(C). 

13 ‘‘(II) LARGE HEAVILY IMPACTED

14 LOCAL EDUCATIONAL AGENCIES.—A 

15 heavily impacted local educational 

16 agency described in this subclause is a 

17 local educational agency that has a 

18 total student enrollment of not less 

19 than 25,000 students, of which not 

20 less than 50 percent are children de21 scribed in subsection (a)(1) and not 

22 less than 5,500 of such children are 

23 children described in subparagraphs 

24 (A) and (B) of subsection (a)(1). 


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1 ‘‘(ii) FACTOR.—For purposes of calcu2 lating the maximum amount described in 

3 clause (i), the factor used in determining 

4 the weighted student units under sub5 section (a)(2) with respect to children de6 scribed in subparagraphs (A) and (B) of 

7 subsection (a)(1) shall be 1.35.’’; 

8 (iii) by striking subparagraph (E); 

9 (iv) by redesignating subparagraphs 

10 (F) through (H) as subparagraph (E) 

11 through (G), respectively; 

12 (v) in subparagraph (E) (as redesig13 nated by clause (iv))— 

14 (I) by striking clause (ii); 

15 (II) by striking ‘‘; and’’ at the 

16 end of clause (i) and inserting a pe17 riod; and 

18 (III) by striking ‘‘the Secretary’’ 

19 and all that follows through ‘‘shall 

20 use’’ and inserting ‘‘the Secretary 

21 shall use’’; 

22 (vi) in subparagraph (F) (as redesig23 nated by clause (iv)), in the matter pre24 ceding clause (i), by striking 


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1 ‘‘(C)(i)(II)(bb)’’ and inserting 

2 ‘‘(B)(i)(II)(bb)’’; 

3 (vii) in subparagraph (G) (as redesig4 nated by clause (iv))— 

5 (I) in clause (i)— 

6 (aa) by striking ‘‘(B), (C), 

7 (D), or (E),’’, and inserting ‘‘(B), 

8 (C), or (D),’’; 

9 (bb) by striking ‘‘by reason 

10 of’’ and inserting ‘‘due to’’; 

11 (cc) by inserting after 

12 ‘‘clause (iii)’’ the following: ‘‘or 

13 as the direct result of base re14 alignment and closure or 

15 modularization as determined by 

16 the Secretary of Defense, force 

17 structure change, or force reloca18 tion,’’; and 

19 (dd) by inserting before the 

20 period at the end the following: 

21 ‘‘or during such time as activities 

22 associated with base realignment 

23 and closure, modularization, force 

24 structure change, or force reloca25 tion are ongoing’’; and 


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1 (II) in clause (ii), by striking 

2 ‘‘(D) or (E)’’ in both places such term 

3 appears and inserting ‘‘(C) or (D)’’; 

4 and 

5 (viii) by adding at the end the fol6 lowing: 

7 ‘‘(H) SPECIAL RULE.—The Secretary 

8 shall— 

9 ‘‘(i) deem each local educational agen10 cy that received a fiscal year 2009 basic 

11 support payment for heavily impacted local 

12 educational agencies under this paragraph 

13 as eligible to receive a basic support pay14 ment for heavily impacted local educational 

15 agencies under this paragraph for each of 

16 fiscal years 2011, 2012, 2013, and 2014; 

17 and 

18 ‘‘(ii) make a payment to such local 

19 educational agency under such section for 

20 each of fiscal years 2011, 2012, 2013, and 

21 2014. 

22 ‘‘(I) CONTINUED ELIGIBILITY FOR A HEAV23 ILY IMPACTED LOCAL EDUCATIONAL AGENCY

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1 CATIONAL AGENCY.—For any fiscal year, a 

2 heavily impacted local educational agency that 

3 received a basic support payment under this 

4 paragraph for the fiscal year prior to the fiscal 

5 year for which such local educational agency en6 tered into an intergovernmental cooperative 

7 agreement with a State educational agency shall 

8 remain eligible to receive a basic support pay9 ment under this paragraph for the duration of 

10 the intergovernmental cooperative agreement, 

11 but in no case for more than 5 years.’’; and 

12 (C) in paragraph (3)— 

13 (i) in subparagraph (A), by striking 

14 ‘‘8014(b)’’ and inserting ‘‘3(aa)(2)’’; 

15 (ii) in subparagraph (B)— 

16 (I) by redesignating clause (iv) as 

17 clause (v); and 

18 (II) by inserting after clause (iii) 

19 the following: 

20 ‘‘(iv) In the case of a local educational 

21 agency that is providing a program of dis22 tance learning to children not residing 

23 within the geographic boundaries of the 

24 agency, the Secretary shall disregard such 

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1 ment when calculating the percentage 

2 under clause (i)(I) and shall disregard any 

3 funds received for such children when cal4 culating the total current expenditures at5 tributed to the operation of such agency 

6 when calculating the percentage under 

7 clause (i)(II).’’; 

8 (iii) in subparagraph (C), by striking 

9 ‘‘subparagraph (D) or (E) of paragraph 

10 (2), as the case may be’’ and inserting 

11 ‘‘paragraph (2)(D)’’; and 

12 (iv) by striking subparagraph (D) and 

13 inserting the following: 

14 ‘‘(D) RATABLE DISTRIBUTION.— 

15 ‘‘(i) IN GENERAL.—For each fiscal 

16 year described in subparagraph (A) for 

17 which the sums appropriated under section 

18 3(aa)(2) exceed the amount required to 

19 pay each local educational agency 100 per20 cent of the local educational agency’s 

21 threshold payment under subparagraph 

22 (B) or (C), the Secretary shall distribute 

23 such excess sums to each eligible local edu24 cational agency that has not received the 

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1 puted under paragraph (1) or (2) (as the 

2 case may be) by multiplying— 

3 ‘‘(I) a percentage, the denomi4 nator of which is the difference be5 tween the maximum payment amount 

6 computed under paragraph (1) or (2) 

7 (as the case may be) for all local edu8 cational agencies and the amount of 

9 the threshold payment (as calculated 

10 under subparagraphs (B) and (C)) of 

11 all local educational agencies, and the 

12 numerator of which is the aggregate 

13 amount of funds appropriated under 

14 section 3(aa)(2) that exceeds the 

15 amount of such threshold payments 

16 for all local educational agencies; by 

17 ‘‘(II) the difference between the 

18 maximum payment amount computed 

19 under paragraph (1) or (2) (as the 

20 case may be) for the agency and the 

21 amount of the threshold payment as 

22 calculated under subparagraphs (B) 

23 and (C) for the agency. 

24 ‘‘(ii) INSUFFICIENT PAYMENTS.—For 

25 each fiscal year described in subparagraph 


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1 (A) for which the sums appropriated under 

2 section 3(aa)(2) are insufficient to pay 

3 each local educational agency all of the 

4 local educational agency’s threshold pay5 ment described in clause (i), the Secretary 

6 shall ratably reduce the payment to each 

7 local educational agency under this para8 graph. 

9 ‘‘(iii) INCREASES.—If the sums appro10 priated under section 3(aa)(2) are suffi11 cient to increase the threshold payment 

12 above the 100 percent threshold payment 

13 described in clause (i), then the Secretary 

14 shall increase payments on the same basis 

15 as such payments were reduced, except no 

16 local educational agency may receive a pay17 ment amount greater than 100 percent of 

18 the maximum payment calculated under 

19 this subsection.’’; 

20 (3) in subsection (c), by amending paragraph 

21 (2) to read as follows: 

22 ‘‘(2) EXCEPTION.—Calculation of payments for 

23 a local educational agency shall be based on data 

24 from the fiscal year for which the agency is making 

25 an application for payment if such agency— 


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1 ‘‘(A) is newly established by a State, for 

2 the first year of operation of such agency only; 

3 ‘‘(B) was eligible to receive a payment 

4 under this section for the previous fiscal year 

5 and has had an overall increase in enrollment 

6 (as determined by the Secretary in consultation 

7 with the Secretary of Defense, the Secretary of 

8 Interior, or the heads of other Federal agen9 cies)— 

10 ‘‘(i) of not less than 10 percent, or 

11 100 students, of children described in— 

12 ‘‘(I) subparagraph (A), (B), (C), 

13 or (D) of subsection (a)(1); or 

14 ‘‘(II) subparagraph (F) or (G) of 

15 subsection (a)(1), but only to the ex16 tent such children are civilian depend17 ents of employees of the Department 

18 of Defense or the Department of the 

19 Interior; and 

20 ‘‘(ii) that is the direct result of closure 

21 or realignment of military installations 

22 under the base closure process or the relo23 cation of members of the Armed Forces 

24 and civilian employees of the Department 

25 of Defense as part of force structure 


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1 changes or movements of units or per2 sonnel between military installations or be3 cause of actions initiated by the Secretary 

4 of Interior or the head of another Federal 

5 agency; or 

6 ‘‘(C) was eligible to receive a payment 

7 under this section for the previous fiscal year 

8 and has had an overall increase in enrollment 

9 (as determined by the Secretary)— 

10 ‘‘(i) of not less than 10 percent of 

11 children described in subsection (a)(1), or 

12 not less than 100 of such children; and 

13 ‘‘(ii) that is the direct result of the 

14 closure of a local educational agency that 

15 received a payment under paragraph (1) or 

16 (2) of subsection (b) in the previous fiscal 

17 year.’’; 

18 (4) in subsection (d)(1), by striking ‘‘8014(c)’’ 

19 and inserting ‘‘3(aa)(3)’’; 

20 (5) in subsection (e)— 

21 (A) by striking paragraphs (1) and (2) and 

22 inserting the following: 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

24 the total amount the Secretary shall pay a local edu25 cational agency under subsection (b)— 


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1 ‘‘(A) for fiscal year 2014, shall not be less 

2 than 90 percent of the total amount that the 

3 local educational agency received under para4 graphs (1) and (2) of subsection (b) for fiscal 

5 year 2013; 

6 ‘‘(B) for fiscal year 2015, shall not be less 

7 than 85 percent of the total amount that the 

8 local educational agency received under para9 graphs (1) and (2) of subsection (b) for fiscal 

10 year 2013; and 

11 ‘‘(C) for fiscal year 2016, shall not be less 

12 than 80 percent of the total amount that the 

13 local educational agency received under para14 graphs (1) and (2) of subsection (b) for fiscal 

15 year 2013.’’; and 

16 (B) by redesignating paragraph (3) as 

17 paragraph (2); and 

18 (6) by striking subsection (g). 

19 SEC. 8004. CONSTRUCTION. 

20 Section 8007 (20 U.S.C. 7707) is amended— 

21 (1) by striking ‘‘8014(e)’’ each place the term 

22 appears and inserting ‘‘3(aa)(4)’’; and 

23 (2) in subsection (a)(2), by adding at the end 

24 the following: 


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1 ‘‘(C) The agency is eligible under section 

2 8003(b)(2) or is receiving a basic support pay3 ment under circumstances described in section 

4 8003(b)(2)(B)(ii).’’. 

5 SEC. 8005. FACILITIES. 

6 Section 8008(a) (20 U.S.C. 7708(a)) is amended by 

7 striking ‘‘8014(f)’’ and inserting ‘‘3(aa)(5)’’. 

8 SEC. 8006. FEDERAL ADMINISTRATION. 

9 Section 8010 (20 U.S.C. 7710) is amended— 

10 (1) in subsection (c)(2)(E), by striking ‘‘under 

11 section 8003(b)’’ and all that follows through the pe12 riod at the end and inserting ‘‘under this title.’’; and 

13 (2) in subsection (d)(2), by striking ‘‘section 

14 8014’’ and inserting ‘‘section 3(aa)’’. 

15 SEC. 8007. DEFINITIONS. 

16 Section 8013 (20 U.S.C. 7713) is amended— 

17 (1) in paragraph (1), by striking ‘‘and Marine 

18 Corps’’ and inserting ‘‘Marine Corps, and Coast 

19 Guard’’; and 

20 (2) in paragraph (5)(A)(iii)(II), by striking 

21 ‘‘Stewart B. McKinney Homeless Assistance Act’’ 

22 and inserting ‘‘McKinney-Vento Homeless Assist23 ance Act’’. 


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1 SEC. 8008. CONFORMING AMENDMENT. 

2 Title VIII (20 U.S.C. 7701 et seq.) is amended by 

3 striking section 8014. 

4 SEC. 8009. ELIGIBILITY FOR IMPACT AID PAYMENT. 

5 (a) LOCAL EDUCATIONAL AGENCIES.—Notwith6 standing section 8013(9) of the Elementary and Sec7 ondary Education Act of 1965 (20 U.S.C. 7713(9)), 

8 North Chicago Community Unit School District 187, 

9 North Shore District 112, and Township High School Dis10 trict 113 in Lake County, Illinois, and Glenview Public 

11 School District 34 and Glenbrook High School District 

12 225 in Cook County, Illinois, shall be considered local edu13 cational agencies as such term is used in, and for purposes 

14 of, title VIII of such Act. 

15 (b) COMPUTATION.—Notwithstanding any other pro16 vision of law, federally connected children (as determined 

17 under section 8003(a) of the Elementary and Secondary 

18 Education Act of 1965 (20 U.S.C. 7703(a))) who are in 

19 attendance in the North Shore District 112, Township 

20 High School District 113, Glenview Public School District 

21 34, and Glenbrook High School District 225 described in 

22 subsection (a), shall be considered to be in attendance in 

23 the North Chicago Community Unit School District 187 

24 described in subsection (a) for purposes of computing the 

25 amount that the North Chicago Community Unit School 


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1 District 187 is eligible to receive under subsection (b) or 

2 (d) of section 8003 of such Act if— 

3 (1) such school districts have entered into an 

4 agreement for such students to be so considered and 

5 for the equitable apportionment among all such 

6 school districts of any amount received by the North 

7 Chicago Community Unit School District 187 under 

8 such section; and 

9 (2) any amount apportioned among all such 

10 school districts pursuant to paragraph (1) is used by 

11 such school districts only for the direct provision of 

12 educational services. 

13 SEC. 8010. REPEAL OF SUNSET UNDER THE NDAA AMEND14 MENTS TO IMPACT AID. 

15 Section 563(c) of the National Defense Authorization 

16 Act for Fiscal Year 2013 (Public Law 112–239) is amend17 ed— 

18 (1) in the heading, by striking ‘‘, IMPLEMENTA19 TION, AND REPEAL’’ and inserting ‘‘AND IMPLEMEN20 TATION’’; 

21 (2) in paragraph (1), by striking ‘‘for a 2-year 

22 period’’; and 

23 (3) by striking paragraph (4). 


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1 TITLE IX—GENERAL 

2 PROVISIONS 

3 SEC. 9101. DEFINITIONS. 

4 (a) IN GENERAL.—Section 9101 (20 U.S.C. 7801) 

5 is amended to read as follows: 

6 ‘‘SEC. 9101. DEFINITIONS. 

7 ‘‘Except as otherwise provided, in this Act: 

8 ‘‘(1) ADJUSTED COHORT; ENTERING COHORT; 

9 TRANSFERRED INTO; TRANSFERRED OUT.— 

10 ‘‘(A) ADJUSTED COHORT.—Subject to 

11 clauses (ii) and (iii) of subparagraph (D) and 

12 subparagraphs (E) through (G), the term ‘ad13 justed cohort’ means the difference of— 

14 ‘‘(i) the sum of— 

15 ‘‘(I) the entering cohort; plus 

16 ‘‘(II) any students that trans17 ferred into the cohort in any of grades 

18 9 through 12; minus 

19 ‘‘(ii) any students that are removed 

20 from the cohort as described in subpara21 graph (E). 

22 ‘‘(B) ENTERING COHORT.—The term ‘en23 tering cohort’, when used with respect to a sec24 ondary school, means the number of first-time 

25 students in grade 9 enrolled in the secondary 


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1 school 1 month after the start of the secondary 

2 school’s academic year. 

3 ‘‘(C) TRANSFERRED INTO.—The term 

4 ‘transferred into’, when used with respect to a 

5 secondary school student, means a student 

6 who— 

7 ‘‘(i) was a first-time student in grade 

8 9 during the same school year as the en9 tering cohort; and 

10 ‘‘(ii) enrolls after the entering cohort 

11 is calculated as described in subparagraph 

12 (B). 

13 ‘‘(D) TRANSFERRED OUT.— 

14 ‘‘(i) IN GENERAL.—The term ‘trans15 ferred out’ when used with respect to a 

16 secondary school student, means a student 

17 who the secondary school or local edu18 cational agency has confirmed has trans19 ferred— 

20 ‘‘(I) to another school from which 

21 the student is expected to receive a 

22 regular secondary school diploma; or 

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1 pected to receive a regular secondary 

2 school diploma. 

3 ‘‘(ii) CONFIRMATION REQUIRE4 MENTS.— 

5 ‘‘(I) DOCUMENTATION RE6 QUIRED.—The confirmation of a stu7 dent’s transfer to another school or 

8 educational program described in 

9 clause (i) requires documentation 

10 from the receiving school or program 

11 that the student enrolled in the receiv12 ing school or program. 

13 ‘‘(II) LACK OF CONFIRMATION.— 

14 A student who was enrolled, but for 

15 whom there is no confirmation of the 

16 student having transferred out, shall 

17 remain in the cohort as a nongraduate 

18 for reporting and accountability pur19 poses under this Act. 

20 ‘‘(iii) PROGRAMS NOT PROVIDING

21 CREDIT.—A student enrolled in a GED or 

22 other alternative educational program that 

23 does not issue or provide credit toward the 

24 issuance of a regular secondary school di25 ploma shall not be considered transferred 


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1 out and shall remain in the adjusted co2 hort. 

3 ‘‘(E) COHORT REMOVAL.—To remove a 

4 student from a cohort, a school or local edu5 cational agency shall require documentation to 

6 confirm that the student has transferred out, 

7 emigrated to another country, or is deceased. 

8 ‘‘(F) TREATMENT OF OTHER DEPARTURES

9 AND WITHDRAWALS.—A student who was re10 tained in a grade, enrolled in a GED program 

11 or other program that provides a recognized 

12 equivalent of a secondary school diploma, aged 

13 out of a secondary school or secondary school 

14 program, or left secondary school for any other 

15 reason, including expulsion, shall not be consid16 ered transferred out, and shall remain in the 

17 adjusted cohort. 

18 ‘‘(G) SPECIAL RULE.—For secondary 

19 schools that start after grade 9, the entering 

20 cohort shall be calculated 1 month after the 

21 start of the secondary school’s academic year in 

22 the earliest secondary school grade at the sec23 ondary school. 

24 ‘‘(2) ADVANCED PLACEMENT OR INTER25 NATIONAL BACCALAUREATE COURSE.—The term 


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1 ‘Advanced Placement or International Baccalaureate 

2 course’ means— 

3 ‘‘(A) a course of postsecondary-level in4 struction provided to middle school or sec5 ondary school students, terminating in an Ad6 vanced Placement or International Bacca7 laureate examination; or 

8 ‘‘(B) another highly rigorous, evidence9 based, postsecondary preparatory program ter10 minating in— 

11 ‘‘(i) an examination or courses that 

12 are widely accepted for credit at institu13 tions of higher education; or 

14 ‘‘(ii) another examination or courses 

15 approved by the Secretary. 

16 ‘‘(3) ADVANCED PLACEMENT OR INTER17 NATIONAL BACCALAUREATE EXAMINATION.—The 

18 term ‘Advanced Placement or International Bacca19 laureate examination’ means an Advanced Place20 ment examination administered by the College 

21 Board, an International Baccalaureate examination 

22 administered by the International Baccalaureate Or23 ganization, or another such examination approved by 

24 the Secretary. 


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1 ‘‘(4) AUTHORIZING COMMITTEES.—The term 

2 ‘authorizing committees’ means the Committee on 

3 Education and the Workforce of the House of Rep4 resentatives and the Committee on Health, Edu5 cation, Labor, and Pensions of the Senate. 

6 ‘‘(5) AVERAGE DAILY ATTENDANCE.— 

7 ‘‘(A) IN GENERAL.—Except as provided 

8 otherwise by State law or this paragraph, the 

9 term ‘average daily attendance’ means— 

10 ‘‘(i) the aggregate number of days of 

11 attendance of all students during a school 

12 year; divided by 

13 ‘‘(ii) the number of days school is in 

14 session during that year. 

15 ‘‘(B) CONVERSION.—The Secretary shall 

16 permit the conversion of average daily member17 ship (or other similar data) to average daily at18 tendance for local educational agencies in 

19 States that provide State aid to local edu20 cational agencies on the basis of average daily 

21 membership (or other similar data). 

22 ‘‘(C) SPECIAL RULE.—If the local edu23 cational agency in which a child resides makes 

24 a tuition or other payment for the free public 

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1 other local educational agency, the Secretary 

2 shall, for the purpose of this Act— 

3 ‘‘(i) consider the child to be in attend4 ance at a school of the agency making the 

5 payment; and 

6 ‘‘(ii) not consider the child to be in at7 tendance at a school of the agency receiv8 ing the payment. 

9 ‘‘(6) AVERAGE PER-PUPIL EXPENDITURE.—The 

10 term ‘average per-pupil expenditure’ means, in the 

11 case of a State or of the United States— 

12 ‘‘(A) without regard to the source of 

13 funds— 

14 ‘‘(i) the aggregate current expendi15 tures, during the most recent fiscal year 

16 for which satisfactory data are available, of 

17 all local educational agencies in the State 

18 or, in the case of the United States, for all 

19 States (which, for the purpose of this para20 graph, means the 50 States and the Dis21 trict of Columbia); plus 

22 ‘‘(ii) any direct current expenditures 

23 by the State for the operation of those 

24 agencies; divided by 


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1 ‘‘(B) the aggregate number of children in 

2 average daily attendance to whom those agen3 cies provided free public education during that 

4 year. 

5 ‘‘(7) CHARTER MANAGEMENT ORGANIZATION.— 

6 The term ‘charter management organization’ means 

7 a nonprofit organization that operates, manages, or 

8 oversees multiple charter schools by centralizing or 

9 sharing certain functions and resources among such 

10 schools. 

11 ‘‘(8) CHILD.—The term ‘child’ means any per12 son within the age limits for which the State pro13 vides free public education. 

14 ‘‘(9) CHILD WITH A DISABILITY.—The term 

15 ‘child with a disability’ has the same meaning given 

16 that term in section 602 of the Individuals with Dis17 abilities Education Act. 

18 ‘‘(10) CONDITIONS FOR LEARNING.—The term 

19 ‘conditions for learning’ means conditions that ad20 vance student achievement and positive child and 

21 youth development by supporting schools that— 

22 ‘‘(A) promote physical, mental, and emo23 tional health; 

24 ‘‘(B) ensure the safety of students and 

25 staff; 


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1 ‘‘(C) promote social, emotional, and char2 acter development; and 

3 ‘‘(D) have the following attributes: 

4 ‘‘(i) Provide opportunities for physical 

5 activity and good nutrition. 

6 ‘‘(ii) Are free of violence, harassment, 

7 and weapons. 

8 ‘‘(iii) Prevent use and abuse of drugs 

9 and controlled substances. 

10 ‘‘(iv) Help staff and students to model 

11 positive social and emotional skills. 

12 ‘‘(v) Employ adults who have high ex13 pectations for student conduct, character, 

14 and academic achievement. 

15 ‘‘(vi) Engage parents and family 

16 members in meaningful and sustained 

17 ways to promote positive student academic 

18 achievement and developmental outcomes. 

19 ‘‘(11) CONSOLIDATED LOCAL APPLICATION.— 

20 The term ‘consolidated local application’ means an 

21 application submitted by a local educational agency 

22 pursuant to section 9305. 

23 ‘‘(12) CONSOLIDATED LOCAL PLAN.—The term 

24 ‘consolidated local plan’ means a plan submitted by 

25 a local educational agency pursuant to section 9305. 


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1 ‘‘(13) CONSOLIDATED STATE APPLICATION.— 

2 The term ‘consolidated State application’ means an 

3 application submitted by a State educational agency 

4 pursuant to section 9302. 

5 ‘‘(14) CONSOLIDATED STATE PLAN.—The term 

6 ‘consolidated State plan’ means a plan submitted by 

7 a State educational agency pursuant to section 

8 9302. 

9 ‘‘(15) CORE ACADEMIC SUBJECTS.—The term 

10 ‘core academic subjects’ means English, reading or 

11 language arts, mathematics, science, foreign lan12 guages, civics and government, economics, arts, his13 tory, and geography. 

14 ‘‘(16) COVERED PROGRAM.—The term ‘covered 

15 program’ means each of the programs authorized 

16 by— 

17 ‘‘(A) part A of title I; 

18 ‘‘(B) part C of title I; 

19 ‘‘(C) part D of title I; 

20 ‘‘(D) part A of title II; 

21 ‘‘(E) part A of title III; 

22 ‘‘(F) part B of title IV; and 

23 ‘‘(G) subpart 2 of part B of title VI. 


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•S 1094 IS

1 ‘‘(17) CURRENT EXPENDITURES.—The term 

2 ‘current expenditures’ means expenditures for free 

3 public education— 

4 ‘‘(A) including expenditures for adminis5 tration, instruction, attendance and health serv6 ices, pupil transportation services, operation 

7 and maintenance of plant, fixed charges, and 

8 net expenditures to cover deficits for food serv9 ices and student body activities; but 

10 ‘‘(B) not including expenditures for com11 munity services, capital outlay, and debt serv12 ice, or any expenditures made from funds re13 ceived under title I. 

14 ‘‘(18) DEPARTMENT.—The term ‘Department’ 

15 means the Department of Education. 

16 ‘‘(19) DEVELOPMENTAL DELAY.—The term ‘de17 velopmental delay’ has the meaning given the term 

18 in section 632 of the Individuals with Disabilities 

19 Education Act (20 U.S.C. 1432). 

20 ‘‘(20) DISTANCE LEARNING.—The term ‘dis21 tance learning’ means the transmission of edu22 cational or instructional programming to geographi23 cally dispersed individuals and groups via tele24 communications. 


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1 ‘‘(21) EARLY CHILDHOOD EDUCATION PRO2 GRAM.—The term ‘early childhood education pro3 gram’ has the meaning given the term in section 103 

4 of the Higher Education Act of 1965 (20 U.S.C. 

5 1003). 

6 ‘‘(22) EDUCATIONAL SERVICE AGENCY.—The 

7 term ‘educational service agency’ means a regional 

8 public multiservice agency authorized by State stat9 ute to develop, manage, and provide services or pro10 grams to local educational agencies. 

11 ‘‘(23) ELEMENTARY SCHOOL.—The term ‘ele12 mentary school’ means a nonprofit institutional day 

13 or residential school, including a public elementary 

14 charter school, that provides elementary education, 

15 as determined under State law. 

16 ‘‘(24) ENGLISH LEARNER.—The term ‘English 

17 learner’ means an individual— 

18 ‘‘(A) who is aged 3 through 21; 

19 ‘‘(B) who is enrolled or preparing to enroll 

20 in an elementary school or secondary school; 

21 ‘‘(C)(i) who was not born in the United 

22 States or whose native language is a language 

23 other than English; 


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1 ‘‘(ii)(I) who is a Native American or Alas2 ka Native, or a native resident of the outlying 

3 areas; and 

4 ‘‘(II) who comes from an environment 

5 where a language other than English has had 

6 a significant impact on the individual’s level of 

7 English language proficiency; or 

8 ‘‘(iii) who is migratory, whose native lan9 guage is a language other than English, and 

10 who comes from an environment where a lan11 guage other than English is dominant; and 

12 ‘‘(D) whose difficulties in speaking, read13 ing, writing, or understanding the English lan14 guage may be sufficient to deny the indi15 vidual— 

16 ‘‘(i) the ability to meet or exceed the 

17 State student academic achievement stand18 ards under section 1111(a)(1) in a subject 

19 for the individual’s grade level, as deter20 mined based on the State academic assess21 ments described in section 1111(a)(2); 

22 ‘‘(ii) the ability to successfully achieve 

23 in classrooms where the language of in24 struction is English; or 


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1 ‘‘(iii) the opportunity to participate 

2 fully in society. 

3 ‘‘(25) EVIDENCE-BASED.—The term ‘evidence4 based’, when used with respect to a program, prac5 tice, or policy, means— 

6 ‘‘(A) based on a comprehensive, unbiased 

7 review and weighing of 1 or more evaluation 

8 studies that— 

9 ‘‘(i) have been carried out consistent 

10 with the principles of scientific research; 

11 ‘‘(ii) have strong internal and external 

12 validity; and 

13 ‘‘(iii) support the direct attribution of 

14 1 or more outcomes to the program, prac15 tice, or policy; or 

16 ‘‘(B) in the absence of any study described 

17 in subparagraph (A), based on a comprehensive, 

18 unbiased review and weighing of data analysis, 

19 research, or 1 or more evaluation studies of rel20 evant programs, practices, or policies, that— 

21 ‘‘(i) were carried out consistent with 

22 the principles of scientifically based re23 search; and 

24 ‘‘(ii) are accompanied by strategies to 

25 generate more robust evidence over time 


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•S 1094 IS

1 through research, evaluation, and data 

2 analysis, including— 

3 ‘‘(I) the measurement of per4 formance with reliable process and 

5 outcome indicators; and 

6 ‘‘(II) the implementation of eval7 uations with strong internal and ex8 ternal validity where feasible and ap9 propriate. 

10 ‘‘(26) EXPANDED LEARNING TIME.—The term 

11 ‘expanded learning time’ means using a longer 

12 school day, week, or year schedule to significantly 

13 increase the total number of school hours, in order 

14 to include additional time for— 

15 ‘‘(A) instruction in core academic subjects; 

16 ‘‘(B) instruction in other subjects and en17 richment and other activities that contribute to 

18 a well-rounded education, including music and 

19 the arts, physical education, and experiential 

20 and work-based learning; and 

21 ‘‘(C) instructional and support staff to col22 laborate, plan, and engage in professional devel23 opment, including on family and community en24 gagement, within and across grades and sub25 jects. 


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1 ‘‘(27) FAMILY LITERACY ACTIVITIES.—The 

2 term ‘family literacy activities’ means activities 

3 that— 

4 ‘‘(A) are of sufficient intensity in terms of 

5 hours, and of sufficient duration, to make sus6 tainable improvements in the literacy rates of a 

7 family; 

8 ‘‘(B) better enable parents to support their 

9 children’s learning needs; and 

10 ‘‘(C) integrate all of the following activi11 ties: 

12 ‘‘(i) Parent adult education and lit13 eracy activities that lead to readiness for 

14 postsecondary education or training, career 

15 advancement, and economic self-suffi16 ciency. 

17 ‘‘(ii) Interactive literacy activities be18 tween parents and their children. 

19 ‘‘(iii) Training for parents regarding 

20 how to be the primary teacher for their 

21 children and full partners in the education 

22 of their children. 

23 ‘‘(iv) Age-appropriate education to 

24 prepare children for success in school and 

25 life experiences. 


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1 ‘‘(28) FAMILY MEMBER.—The term ‘family 

2 member’ means a parent, relative, or other adult 

3 who is responsible for the care and well-being of a 

4 child. 

5 ‘‘(29) FORMER ENGLISH LEARNER.—The term 

6 ‘former English learner’ means a student who is pro7 ficient in English, as determined by the State as8 sessment of English language proficiency under sec9 tion 1111(a)(2)(D), but previously was an English 

10 learner, as defined in this section. 

11 ‘‘(30) FREE PUBLIC EDUCATION.—The term 

12 ‘free public education’ means education that is pro13 vided— 

14 ‘‘(A) at public expense, under public super15 vision and direction, and without tuition charge; 

16 and 

17 ‘‘(B) as elementary or secondary edu18 cation, as determined under State law, except 

19 that, notwithstanding State law, such term— 

20 ‘‘(i) includes preschool education; and 

21 ‘‘(ii) does not include any education 

22 provided beyond grade 12. 

23 ‘‘(31) GIFTED AND TALENTED.—The term 

24 ‘gifted and talented’, when used with respect to stu25 dents, children, or youth, means students, children, 


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•S 1094 IS

1 or youth who give evidence of high achievement ca2 pability in areas such as intellectual, creative, artis3 tic, or leadership capacity, or in specific academic 

4 fields, and who need services or activities not ordi5 narily provided by the school in order to fully de6 velop those capabilities. 

7 ‘‘(32) GRADUATION RATES.—The term ‘gradua8 tion rates’ shall, at a minimum, include both of the 

9 following: 

10 ‘‘(A) A 4-year adjusted cohort graduation 

11 rate for a school year, defined as the percent 

12 obtained by calculating the product of— 

13 ‘‘(i) the result of— 

14 ‘‘(I) the number of students 

15 who— 

16 ‘‘(aa) formed the adjusted 

17 cohort 4 years earlier; and 

18 ‘‘(bb) graduate in 4 years or 

19 less with a regular secondary 

20 school diploma; divided by 

21 ‘‘(II) the number of students who 

22 formed the adjusted cohort for that 

23 year’s graduating class 4 years ear24 lier; multiplied by 

25 ‘‘(ii) 100. 


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•S 1094 IS

1 ‘‘(B) A cumulative graduation rate for a 

2 school year, defined as the percent obtained by 

3 calculating the product of— 

4 ‘‘(i) the result of— 

5 ‘‘(I) the sum of— 

6 ‘‘(aa) the number of stu7 dents who— 

8 ‘‘(AA) form the ad9 justed cohort for that year’s 

10 graduating class; and 

11 ‘‘(BB) graduate in 4 

12 years or less with a regular 

13 secondary school diploma; 

14 plus 

15 ‘‘(bb) the number of addi16 tional students from previous co17 horts who graduate with a reg18 ular secondary school diploma by 

19 the end of the school year in— 

20 ‘‘(AA) more than 4 

21 years but not more than 6 

22 years; or 

23 ‘‘(BB) before exceeding 

24 the age for eligibility for a 

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•S 1094 IS

1 cation (as defined in section 

2 602 of the Individuals with 

3 Disabilities Education Act) 

4 under State law; divided by 

5 ‘‘(II) the sum of— 

6 ‘‘(aa) the number of stu7 dents who form the adjusted co8 hort for that year’s graduating 

9 class; plus 

10 ‘‘(bb) the number of addi11 tional student graduates de12 scribed in subclause (I)(bb); mul13 tiplied by 

14 ‘‘(ii) 100. 

15 ‘‘(33) HIGH SCHOOL.—The term ‘high school’ 

16 means a secondary school that— 

17 ‘‘(A) grants a diploma, as defined by the 

18 State; and 

19 ‘‘(B) includes, at least, grade 12. 

20 ‘‘(34) HIGHLY QUALIFIED TEACHER.— 

21 ‘‘(A) IN GENERAL.—The term ‘highly 

22 qualified teacher’ means— 

23 ‘‘(i) with respect to any public elemen24 tary school, middle school, or high school 


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•S 1094 IS

1 teacher teaching in a State, a teacher 

2 who— 

3 ‘‘(I)(aa) has obtained State cer4 tification as a teacher (including cer5 tification obtained through alternative 

6 routes to certification) or passed the 

7 State teacher licensing examination, 

8 and holds a license to teach in the 

9 State, except that when used with re10 spect to any teacher teaching in a 

11 charter school, the term means that 

12 the teacher meets the requirements 

13 set forth in the State’s charter school 

14 law; or 

15 ‘‘(bb) has passed a rigorous State 

16 test for subject matter knowledge and 

17 is making satisfactory progress to18 wards obtaining full certification or li19 censure within 3 years through par20 ticipation in a high-quality, State-ap21 proved alternative certification pro22 gram; and 

23 ‘‘(II) has not had certification or 

24 licensure requirements waived on an 


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•S 1094 IS

1 emergency, temporary, or provisional 

2 basis; 

3 ‘‘(ii) with respect to— 

4 ‘‘(I) an elementary school teacher 

5 who is new to the profession, that the 

6 teacher holds at least a bachelor’s de7 gree and— 

8 ‘‘(aa) if teaching more than 

9 a single subject, has dem10 onstrated, by receiving a passing 

11 score on a rigorous State test, 

12 subject knowledge and teaching 

13 skills in reading, writing, mathe14 matics, and other areas of the 

15 basic elementary school cur16 riculum (which may consist of 

17 passing a State-required certifi18 cation or licensing test or tests in 

19 reading, writing, mathematics, 

20 and other areas of the basic ele21 mentary school curriculum); or 

22 ‘‘(bb) if teaching a single 

23 subject, meets either the require24 ment in item (aa) or (bb) of sub25 clause (II); and 


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•S 1094 IS

1 ‘‘(II) a middle school or high 

2 school teacher who is new to the pro3 fession, that the teacher holds at least 

4 a bachelor’s degree and has dem5 onstrated a high level of competency 

6 in each of the academic subjects in 

7 which the teacher teaches by— 

8 ‘‘(aa) receiving a passing 

9 score on a rigorous State aca10 demic subject test in each of the 

11 academic subjects in which the 

12 teacher teaches (which may con13 sist of a passing level of perform14 ance on a State-required certifi15 cation or licensing test or tests in 

16 each of the academic subjects the 

17 teacher teaches); or 

18 ‘‘(bb) successful completion, 

19 in each of the academic subjects 

20 in which the teacher teaches, of 

21 an academic major, a graduate 

22 degree, coursework equivalent to 

23 an undergraduate academic 

24 major, or advanced certification 

25 or credentialing; and 


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•S 1094 IS

1 ‘‘(iii) with respect to an elementary 

2 school, middle school, or high school teach3 er who is not new to the profession, that 

4 the teacher holds at least a bachelor’s de5 gree and— 

6 ‘‘(I) has met the applicable 

7 standard in subclause (I) or (II) of 

8 clause (ii), which includes an option 

9 for a test; or 

10 ‘‘(II) demonstrates competence in 

11 all the academic subjects in which the 

12 teacher teaches based on a high objec13 tive uniform State standard of evalua14 tion, which may include multiple sub15 jects, that— 

16 ‘‘(aa) is set by the State for 

17 both grade-appropriate academic 

18 subject-matter knowledge and 

19 teaching skills; 

20 ‘‘(bb) is aligned with State 

21 academic content and student 

22 academic achievement standards 

23 under section 1111(a)(1) and de24 veloped in consultation with core 

25 content specialists, teachers, 


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•S 1094 IS

1 principals, and school administra2 tors; 

3 ‘‘(cc) provides objective, co4 herent information about the 

5 teacher’s attainment of core con6 tent knowledge in the academic 

7 subjects in which a teacher 

8 teaches; 

9 ‘‘(dd) is applied uniformly to 

10 all teachers in the same academic 

11 subject and the same grade level 

12 throughout the State; 

13 ‘‘(ee) takes into consider14 ation, but is not based primarily 

15 on, the time the teacher has been 

16 teaching in the academic subject; 

17 ‘‘(ff) is made available to the 

18 public on request; and 

19 ‘‘(gg) may involve multiple, 

20 objective measures of teacher 

21 competency. 

22 ‘‘(B) SPECIAL RULE.—Notwithstanding 

23 the requirements of subparagraph (A), a State 

24 may deem a teacher to be a highly qualified 


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•S 1094 IS

1 teacher for purposes of this Act, if the teacher 

2 is— 

3 ‘‘(i) a teacher with a bachelor’s degree 

4 who has received and maintained, for the 

5 State in which the teacher teaches, a rat6 ing in the highest categories of a profes7 sional growth and improvement system; 

8 ‘‘(ii) a teacher in a rural local edu9 cational agency, as described in section 

10 6211(d), who teaches multiple subjects, if 

11 the teacher is a highly qualified teacher in 

12 1 of the core academic subjects that the 

13 teacher teaches and becomes highly quali14 fied in the additional subjects in not more 

15 than 3 years by meeting the requirements 

16 of clause (ii) or (iii) of subparagraph (A); 

17 ‘‘(iii) a science teacher who holds a 

18 broad field science or individual science 

19 certification or licensure and whom the 

20 State determines is highly qualified for 

21 purposes of this paragraph; 

22 ‘‘(iv) a teacher who has been deter23 mined to be highly qualified by the State 

24 as of the day before the date of enactment 


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•S 1094 IS

1 of the Strengthening America’s Schools 

2 Act of 2013; or 

3 ‘‘(v) a teacher who is a participant in 

4 an exchange visitor program and whom the 

5 State determines is highly qualified for the 

6 purposes of this paragraph. 

7 ‘‘(C) SPECIAL EDUCATION TEACHERS.— 

8 The definition of the term ‘highly qualified 

9 teacher’ shall also include a special education 

10 teacher who is highly qualified as determined 

11 under section 602(10) of the Individuals with 

12 Disabilities Education Act. 

13 ‘‘(35) HIGH-NEED LOCAL EDUCATIONAL AGEN14 CY.—The term ‘high-need local educational agency’ 

15 means a local educational agency— 

16 ‘‘(A) that serves not fewer than 10,000 

17 children from families with incomes below the 

18 poverty line; 

19 ‘‘(B) for which not less than 20 percent of 

20 the children served by the agency are from fam21 ilies with incomes below the poverty line; or 

22 ‘‘(C) that is in the highest quartile of local 

23 educational agencies in the State, based on stu24 dent poverty. 

25 ‘‘(36) HIGH-NEED SCHOOL.— 


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•S 1094 IS

1 ‘‘(A) IN GENERAL.—The term ‘high-need 

2 school’ means— 

3 ‘‘(i) an elementary school or middle 

4 school in which not less than 50 percent of 

5 the enrolled students are children from 

6 low-income families; or 

7 ‘‘(ii) a high school in which not less 

8 than 40 percent of the enrolled students 

9 are children from low-income families, 

10 which may be calculated using comparable 

11 data from feeder schools. 

12 ‘‘(B) LOW-INCOME FAMILY.—For purposes 

13 of subparagraph (A), the term ‘low-income fam14 ily’ means a family— 

15 ‘‘(i) in which the children are eligible 

16 for a free or reduced price lunch under the 

17 Richard B. Russell National School Lunch 

18 Act (42 U.S.C. 1751 et seq.); 

19 ‘‘(ii) receiving assistance under a 

20 State program funded under part A of title 

21 IV of the Social Security Act (42 U.S.C. 

22 601 et seq.); or 

23 ‘‘(iii) in which the children are eligible 

24 to receive medical assistance under the 

25 Medicaid program. 


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•S 1094 IS

1 ‘‘(37) INSTITUTION OF HIGHER EDUCATION.— 

2 The term ‘institution of higher education’ has the 

3 meaning given that term in section 101(a) of the 

4 Higher Education Act of 1965. 

5 ‘‘(38) LEADING INDICATORS.—The term ‘lead6 ing indicators’ means areas in which a priority 

7 school is expected to demonstrate improvement, such 

8 as— 

9 ‘‘(A) average student attendance rates; 

10 ‘‘(B) teacher attendance rates; 

11 ‘‘(C) on-time grade promotion; 

12 ‘‘(D) credit accumulation rates; 

13 ‘‘(E) expulsion, suspension, violence, and 

14 harassment rates; 

15 ‘‘(F) teacher retention and turnover rates; 

16 ‘‘(G) percentage of students failing a core, 

17 credit-bearing course; and 

18 ‘‘(H) entrance and placement examina19 tions, and preparation courses, for postsec20 ondary education. 

21 ‘‘(39) LOCAL EDUCATIONAL AGENCY.— 

22 ‘‘(A) IN GENERAL.—The term ‘local edu23 cational agency’ means a public board of edu24 cation or other public authority legally con25 stituted within a State for either administrative 


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•S 1094 IS

1 control or direction of, or to perform a service 

2 function for, public elementary schools or sec3 ondary schools in a city, county, township, 

4 school district, or other political subdivision of 

5 a State, or of or for a combination of school 

6 districts or counties that is recognized in a 

7 State as an administrative agency for its public 

8 elementary schools or secondary schools. 

9 ‘‘(B) ADMINISTRATIVE CONTROL AND DI10 RECTION.—The term includes any other public 

11 institution or agency having administrative con12 trol and direction of a public elementary school 

13 or secondary school. 

14 ‘‘(C) BIE SCHOOLS.—The term includes an 

15 elementary school or secondary school funded 

16 by the Bureau of Indian Education but only to 

17 the extent that including the school makes the 

18 school eligible for programs for which specific 

19 eligibility is not provided to the school in an20 other provision of law and the school does not 

21 have a student population that is smaller than 

22 the student population of the local educational 

23 agency receiving assistance under this Act with 

24 the smallest student population, except that the 

25 school shall not be subject to the jurisdiction of 


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•S 1094 IS

1 any State educational agency other than the 

2 Bureau of Indian Affairs. 

3 ‘‘(D) EDUCATIONAL SERVICE AGENCIES.— 

4 The term includes educational service agencies 

5 and consortia of those agencies. 

6 ‘‘(E) STATE EDUCATIONAL AGENCY.—The 

7 term includes the State educational agency in a 

8 State in which the State educational agency is 

9 the sole educational agency for all public 

10 schools. 

11 ‘‘(40) MAGNET SCHOOL.—The term ‘magnet 

12 school’ means a public elementary school, public sec13 ondary school, public elementary education center, 

14 or public secondary education center, that offers a 

15 special curriculum capable of attracting substantial 

16 numbers of students of different racial backgrounds. 

17 ‘‘(41) MULTI-TIER SYSTEM OF SUPPORTS.—The 

18 term ‘multi-tier system of supports’ means a com19 prehensive system of differentiated supports that in20 cludes evidence-based instruction, universal screen21 ing, progress monitoring, formative assessments, re22 search-based interventions matched to students’ 

23 needs, and educational decision-making using stu24 dent outcome data. 


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•S 1094 IS

1 ‘‘(42) MUTUAL CONSENT.—The term ‘mutual 

2 consent’ means a process through which— 

3 ‘‘(A) the principal or hiring team and the 

4 teacher agree to the placement at a school; 

5 ‘‘(B) the principal or hiring team selects 

6 teachers for the school from an unrestricted 

7 pool of internal and external candidates based 

8 on an assessment of the qualifications of the in9 dividual candidates; and 

10 ‘‘(C) the local educational agency ensures 

11 that other schools served by the local edu12 cational agency are not being forced to accept 

13 teachers displaced from persistently low-achiev14 ing schools. 

15 ‘‘(43) NATIVE AMERICAN AND NATIVE AMER16 ICAN LANGUAGE.—The terms ‘Native American’ and 

17 ‘Native American language’ have the same meaning 

18 given those terms in section 103 of the Native 

19 American Languages Act of 1990 (25 U.S.C. 2902). 

20 ‘‘(44) OUTLYING AREA.—The term ‘outlying 

21 area’— 

22 ‘‘(A) means American Samoa, the Com23 monwealth of the Northern Mariana Islands, 

24 Guam, and the United States Virgin Islands; 


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•S 1094 IS

1 ‘‘(B) means the Republic of Palau, to the 

2 extent permitted under section 105(f)(1)(B)(ix) 

3 of the Compact of Free Association Amend4 ments Act of 2003 (Public Law 108–188; 117 

5 Stat. 2751) and until an agreement for the ex6 tension of United States education assistance 

7 under the Compact of Free Association becomes 

8 effective for the Republic of Palau; and 

9 ‘‘(C) for the purpose of any discretionary 

10 grant program under this Act, includes the Re11 public of the Marshall Islands and the Fed12 erated States of Micronesia, to the extent per13 mitted under section 105(f)(1)(B)(viii) of the 

14 Compact of Free Association Amendments Act 

15 of 2003 (Public Law 108–188; 117 Stat. 

16 2751). 

17 ‘‘(45) PARENT.—The term ‘parent’ includes a 

18 legal guardian or other person standing in loco 

19 parentis (such as a grandparent or stepparent with 

20 whom the child lives, or a person who is legally re21 sponsible for the child’s welfare). 

22 ‘‘(46) POSITIVE BEHAVIORAL INTERVENTIONS

23 AND SUPPORTS.—The term ‘positive behavioral 

24 interventions and supports’ means a management 

25 system and set of activities establishing the social 


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•S 1094 IS

1 culture of a school and the use of evidence-based be2 havioral practices needed for schools to prevent 

3 problem behaviors and provide effective learning en4 vironments for all students. 

5 ‘‘(47) POVERTY LINE.—The term ‘poverty line’ 

6 means the poverty line (as defined by the Office of 

7 Management and Budget and revised annually in ac8 cordance with section 673(2) of the Community 

9 Services Block Grant Act (42 U.S.C. 9902(2)) appli10 cable to a family of the size involved. 

11 ‘‘(48) PROFESSIONAL DEVELOPMENT.—The 

12 term ‘professional development’ means activities 

13 based on scientifically valid research that are coordi14 nated and aligned to increase the effectiveness of 

15 educators (including teachers, principals, other 

16 school leaders, specialized instructional support per17 sonnel, paraprofessionals, and, as applicable, early 

18 childhood educators) and are regularly assessed to 

19 determine the activities’ effectiveness, and that— 

20 ‘‘(A) are designed and implemented to im21 prove student achievement and classroom prac22 tice; 

23 ‘‘(B) are aligned with— 


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•S 1094 IS

1 ‘‘(i) State academic content standards 

2 and student academic achievement stand3 ards developed under section 1111(a)(1); 

4 ‘‘(ii) related academic and school im5 provement goals of the school, local edu6 cational agency, and, as appropriate, state7 wide and local curricula; and 

8 ‘‘(iii) rigorous teaching standards; 

9 ‘‘(C) increase educators’— 

10 ‘‘(i) knowledge and understanding 

11 about how students learn; 

12 ‘‘(ii) academic content knowledge; 

13 ‘‘(iii) ability to analyze student work 

14 and achievement data from multiple 

15 sources, including how to adjust instruc16 tional strategies, assessments, and mate17 rials based on such analysis; and 

18 ‘‘(iv) ability to instruct students with 

19 disabilities and English learners so that 

20 they are able to meet the State academic 

21 content standards and student academic 

22 achievement standards; 

23 ‘‘(D) are informed by, and aligned with, 

24 such educators’ evaluations under the applicable 

25 professional growth and improvement system; 


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•S 1094 IS

1 ‘‘(E) are job-embedded, ongoing, collabo2 rative, data-driven, and classroom-focused; and 

3 ‘‘(F) are, as appropriate— 

4 ‘‘(i) designed to provide educators 

5 with the knowledge and skills to work more 

6 effectively with parents and families; and 

7 ‘‘(ii) provided jointly for school staff 

8 and other early childhood education pro9 gram providers, where applicable, to ad10 dress the transition to elementary school, 

11 including issues related to school readiness 

12 across all major domains of early learning. 

13 ‘‘(49) PROFESSIONAL GROWTH AND IMPROVE14 MENT SYSTEM.— 

15 ‘‘(A) IN GENERAL.—The term ‘professional 

16 growth and improvement system’ means a rig17 orous, transparent, and fair system of evalua18 tion and support based on research and best 

19 practices for teachers and principals that— 

20 ‘‘(i) provides meaningful feedback to 

21 teachers and principals on the results of 

22 their evaluation; 

23 ‘‘(ii) establishes multiple categories of 

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•S 1094 IS

1 ful differentiation and is aligned with stu2 dent academic achievement results; 

3 ‘‘(iii) evaluates teachers and principals 

4 regularly consistent with research and best 

5 practices, including by using multiple 

6 measures; 

7 ‘‘(iv) is directly aligned with profes8 sional development activities; 

9 ‘‘(v) is developed and implemented 

10 with teacher and principal involvement; 

11 ‘‘(vi) provides training for the eval12 uators who are responsible for conducting 

13 classroom and school level observations; 

14 ‘‘(vii) for principals— 

15 ‘‘(I) is based in significant part 

16 on evidence of improved student aca17 demic achievement and growth and 

18 student outcomes, including the 

19 English language proficiency of 

20 English learner students, and evidence 

21 of providing strong instructional lead22 ership and support to teachers and 

23 other staff; and 


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1 ‘‘(II) may include other measures 

2 of principal performance such as par3 ent and family engagement; and 

4 ‘‘(viii) for teachers, is based in signifi5 cant part on each of the following: 

6 ‘‘(I) Evidence of improved stu7 dent academic achievement and 

8 growth that is limited to evidence9 based or externally validated meas10 ures. 

11 ‘‘(II) Observations of classroom 

12 teaching. 

13 ‘‘(III) Other measures that in14 form teacher performance, which may 

15 include student perception surveys. 

16 ‘‘(B) RULES OF CONSTRUCTION.—Nothing 

17 in this paragraph shall be construed to— 

18 ‘‘(i) require a State or local edu19 cational agency to change the components 

20 of a teacher and principal evaluation sys21 tem that has been approved by the Sec22 retary pursuant to the Secretary’s waiver 

23 authority under section 9401 on the day 

24 before the date of enactment of the 


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1 Strengthening America’s Schools Act of 

2 2013; and 

3 ‘‘(ii) alter or otherwise affect the 

4 rights, remedies, and procedures afforded 

5 school or school district employees under 

6 Federal, State, or local laws (including ap7 plicable regulations or court orders) or 

8 under the terms of collective bargaining 

9 agreements, memoranda of understanding, 

10 or other agreements between such employ11 ees and their employers. 

12 ‘‘(50) REGULAR SECONDARY SCHOOL DI13 PLOMA.— 

14 ‘‘(A) IN GENERAL.—The term ‘regular sec15 ondary school diploma’ means the standard sec16 ondary school diploma awarded to the prepon17 derance of students in the State that is fully 

18 aligned with State standards, or a higher di19 ploma. Such term shall not include a GED or 

20 other recognized equivalent of a diploma, a cer21 tificate of attendance, or any lesser diploma 

22 award. 

23 ‘‘(B) EXCEPTION FOR STUDENTS WITH

24 SIGNIFICANT COGNITIVE DISABILITIES.—For a 

25 student who has a significant cognitive disVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01042 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 ability and is assessed using an alternate as2 sessment aligned to alternate academic achieve3 ment standards under section 1111(a)(1)(C), 

4 receipt of a regular secondary school diploma or 

5 a State-defined alternate diploma aligned with 

6 completion of the student’s right to a free ap7 propriate public education under the Individuals 

8 with Disabilities Education Act shall be counted 

9 as graduating with a regular secondary school 

10 diploma for the purposes of this Act, except 

11 that not more than 1 percent of students served 

12 by a State or a local educational agency, as ap13 propriate, shall be counted as graduates with a 

14 regular secondary school diploma under this 

15 subparagraph. 

16 ‘‘(51) SCIENTIFICALLY BASED RESEARCH.— 

17 The term ‘scientifically based research’— 

18 ‘‘(A) means research that involves the ap19 plication of rigorous, systematic, and objective 

20 procedures to obtain reliable and valid knowl21 edge relevant to education activities and pro22 grams; and 

23 ‘‘(B) includes research that— 


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1 ‘‘(i) employs systematic, empirical 

2 methods that draw on observation or ex3 periment; 

4 ‘‘(ii) involves rigorous data analyses 

5 that are adequate to test the stated 

6 hypotheses and justify the general conclu7 sions drawn; 

8 ‘‘(iii) relies on measurements or obser9 vational methods that provide reliable and 

10 valid data across evaluators and observers, 

11 across multiple measurements and observa12 tions, and across studies by the same or 

13 different investigators; 

14 ‘‘(iv) is evaluated using experimental 

15 or quasi-experimental designs in which in16 dividuals, entities, programs, or activities 

17 are assigned to different conditions and 

18 with appropriate controls to evaluate the 

19 effects of the condition of interest, with a 

20 preference for random-assignment experi21 ments, or other designs to the extent that 

22 those designs contain within-condition or 

23 across-condition controls; 

24 ‘‘(v) ensures that experimental studies 

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1 ity to allow for replication or, at a min2 imum, offer the opportunity to build sys3 tematically on their findings; and 

4 ‘‘(vi) has been accepted by a peer-re5 viewed journal or approved by a panel of 

6 independent experts through a comparably 

7 rigorous, objective, and scientific review. 

8 ‘‘(52) SCIENTIFICALLY VALID RESEARCH.—The 

9 term ‘scientifically valid research’ includes applied 

10 research, basic research, and field-initiated research 

11 in which the rationale, design, and interpretation are 

12 soundly developed in accordance with principles of 

13 scientific research. 

14 ‘‘(53) SECONDARY SCHOOL.—The term ‘sec15 ondary school’ means a nonprofit institutional day or 

16 residential school, including a public secondary char17 ter school, that provides secondary education, as de18 termined under State law, except that the term does 

19 not include any education beyond grade 12. 

20 ‘‘(54) SECRETARY.—The term ‘Secretary’ 

21 means the Secretary of Education. 

22 ‘‘(55) SPECIALIZED INSTRUCTIONAL SUPPORT

23 PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT

24 SERVICES.— 


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1 ‘‘(A) SPECIALIZED INSTRUCTIONAL SUP2 PORT PERSONNEL.—The term ‘specialized in3 structional support personnel’ means school 

4 counselors, school social workers, school psy5 chologists, school nurses, and other qualified 

6 professional personnel involved in providing as7 sessment, diagnosis, counseling, educational, 

8 therapeutic, and other necessary services (in9 cluding related services as that term is defined 

10 in section 602 of the Individuals with Disabil11 ities Education Act) as part of a comprehensive 

12 program to meet student needs. 

13 ‘‘(B) SPECIALIZED INSTRUCTIONAL SUP14 PORT SERVICES.—The term ‘specialized instruc15 tional support services’ means the services pro16 vided by specialized instructional support per17 sonnel. 

18 ‘‘(56) STATE.—The term ‘State’ means each of 

19 the 50 States, the District of Columbia, the Com20 monwealth of Puerto Rico, and each of the outlying 

21 areas. 

22 ‘‘(57) STATE ADVISORY COUNCIL ON EARLY

23 CHILDHOOD EDUCATION AND CARE.—The term 

24 ‘State Advisory Council on Early Childhood Edu25 cation and Care’ means the State Advisory Council 


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1 on Early Childhood Education and Care designated 

2 or established under section 642B(b)(1)(A) of the 

3 Head Start Act (42 U.S.C. 9837b(b)(1)(A)). 

4 ‘‘(58) STATE EDUCATIONAL AGENCY.—The 

5 term ‘State educational agency’ means the agency 

6 primarily responsible for the State supervision of 

7 public elementary schools and secondary schools. 

8 ‘‘(59) STUDENT WITH INTERRUPTED FORMAL

9 EDUCATION.—The term ‘student with interrupted 

10 formal education’ means a student identified as an 

11 English learner who— 

12 ‘‘(A) enrolled in a United States school 

13 after grade 2; 

14 ‘‘(B) has completed successfully 2 or more 

15 years less of schooling than students of the 

16 same age; 

17 ‘‘(C) performs 2 years or more below grade 

18 level, as measured by State college and career 

19 ready student academic achievement standards; 

20 and 

21 ‘‘(D) is preliterate in such student’s first 

22 language. 

23 ‘‘(60) TEACHER MENTORING.—The term 

24 ‘teacher mentoring’ means supporting teachers or 

25 principals to increase the effectiveness and retention 


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1 of such teachers or principals through a program 

2 that— 

3 ‘‘(A) includes clear criteria for the selec4 tion of mentors that takes into account the 

5 mentor’s— 

6 ‘‘(i) effectiveness; and 

7 ‘‘(ii) ability to facilitate adult learn8 ing; 

9 ‘‘(B) provides high-quality training for 

10 mentors in how to support teachers or prin11 cipals effectively; 

12 ‘‘(C) provides regularly scheduled time for 

13 collaboration, examination of student work and 

14 achievement data, and ongoing opportunities for 

15 mentors and mentees to observe each other’s 

16 teaching or leading, and identify and address 

17 areas for improvement; and 

18 ‘‘(D) matches mentees with mentors in the 

19 same field, grade, grade span, or subject area. 

20 ‘‘(61) TEACHER OF ENGLISH LEARNERS.—The 

21 term ‘teacher of English learners’ means a teacher 

22 who— 

23 ‘‘(A) teaches students who are identified as 

24 English learners; 


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1 ‘‘(B) has as a primary role to support 

2 English learners with English language acquisi3 tion; and 

4 ‘‘(C) is responsible for tracking the 

5 progress toward English proficiency of English 

6 learners. 

7 ‘‘(62) TURNAROUND PARTNER.—The term 

8 ‘turnaround partner’ means a public or private non9 profit organization, institution of higher education, 

10 or charter management organization, with a dem11 onstrated record of successful school improvement. 

12 ‘‘(63) UNIVERSAL DESIGN FOR LEARNING.— 

13 The term ‘universal design for learning’ has the 

14 meaning given the term in section 103 of the Higher 

15 Education Act of 1965. 

16 ‘‘(64) YOUNG CHILD.—The term ‘young child’ 

17 means an individual who has not reached the age at 

18 which the State in which the child resides requires 

19 mandatory school attendance.’’. 

20 (b) CONFORMING AMENDMENTS.—The Act (20 

21 U.S.C. 6301 et seq.) is amended— 

22 (1) in section 1604(b) (20 U.S.C. 6574(b)), as 

23 redesignated by section 1601(a)(3) of this Act, by 

24 striking ‘‘the Committee on Education and the 

25 Workforce of the House of Representatives and the 


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1 Committee on Health, Education, Labor and Pen2 sions of the Senate’’ and inserting ‘‘the authorizing 

3 committees’’; 

4 (2) in section 3122(b) (20 U.S.C. 6843(b)), as 

5 redesignated by section 3001(3) of this Act, by 

6 striking ‘‘the Committee on Education and the 

7 Workforce of the House of Representatives and the 

8 Committee on Health, Education, Labor, and Pen9 sions of the Senate’’ and inserting ‘‘the authorizing 

10 committees’’; and 

11 (3) in section 9401(e)(4) (20 U.S.C. 

12 7861(e)(4)), by striking ‘‘the Committee on Edu13 cation and the Workforce of the House of Rep14 resentatives and the Committee on Health, Edu15 cation, Labor, and Pensions of the Senate’’ and in16 serting ‘‘the authorizing committees’’. 

17 SEC. 9102. UNSAFE SCHOOL CHOICE OPTION. 

18 Section 9532(a) (20 U.S.C. 7912(a)) is amended by 

19 striking ‘‘attending’’ and all that follows through ‘‘victim 

20 of’’ and inserting ‘‘who is threatened with, or becomes a 

21 victim of,’’. 

22 SEC. 9103. GEOGRAPHIC DIVERSITY. 

23 Subpart 2 of part E of title IX (20 U.S.C. ) is amend24 ed by adding at the end the following: 


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1 ‘‘SEC. 9537. GEOGRAPHIC DIVERSITY. 

2 ‘‘When awarding grants on a competitive basis under 

3 this Act, the Secretary shall ensure geographic diversity.’’. 

4 SEC. 9104. EVALUATION AUTHORITY. 

5 Section 9601 (20 U.S.C. 7941) is amended to read 

6 as follows: 

7 ‘‘SEC. 9601. EVALUATION AUTHORITY. 

8 ‘‘(a) RESERVATION OF FUNDS.—Except as provided 

9 in subsection (b), the Secretary may reserve not less than 

10 1 percent and not more than 3 percent of the amount ap11 propriated to carry out each categorical program and dem12 onstration project authorized under this Act. The reserved 

13 amounts shall be used by the Secretary, acting through 

14 the Director of the Institute of Education Sciences, to— 

15 ‘‘(1) conduct— 

16 ‘‘(A) comprehensive, high-quality evalua17 tions of the program or project that— 

18 ‘‘(i) provide information to inform pol19 icy-making and to support continuous pro20 gram improvement; and 

21 ‘‘(ii) use methods appropriate for the 

22 questions being asked; and 

23 ‘‘(B) impact evaluations that employ exper24 imental or quasi-experimental designs, where 

25 practicable and appropriate, and other rigorous 


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1 methodologies that permit the strongest pos2 sible causal inferences; 

3 ‘‘(2) provide technical assistance to grant re4 cipients on— 

5 ‘‘(A) the conduct of the evaluation activi6 ties that the grantees carry out under this Act; 

7 and 

8 ‘‘(B) the collection and reporting of per9 formance data relating to the program or 

10 project; 

11 ‘‘(3) evaluate the aggregate short- and long12 term effects and cost efficiencies across Federal pro13 grams assisted or authorized under this Act and re14 lated Federal preschool, elementary, and secondary 

15 programs under any other Federal law; 

16 ‘‘(4) increase the usefulness of evaluations of 

17 grant recipients in order to ensure the continuous 

18 progress of the program or project by improving the 

19 quality, timeliness, efficiency, dissemination, and use 

20 of information relating to performance under the 

21 program or project; and 

22 ‘‘(5) identify and disseminate research and best 

23 practices related to the programs and projects au24 thorized under this Act to build the evidence base 


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1 for the programs and projects that effectively meet 

2 the goals of this Act. 

3 ‘‘(b) TITLE I.—The Secretary shall reserve under 

4 subsection (a) 1 percent of the funds appropriated to carry 

5 out title I. 

6 ‘‘(c) EVALUATION PLAN.—Beginning not later than 

7 1 year after the date of enactment of the Strengthening 

8 America’s Schools Act of 2013, the Secretary shall annu9 ally develop and submit to Congress a plan that— 

10 ‘‘(1) describes the timeline for evaluation of the 

11 programs and projects authorized under this Act; 

12 and 

13 ‘‘(2) describes the specific evaluation activities 

14 that the Secretary intends to carry out for such pro15 grams and projects during the next year. 

16 ‘‘(d) EVALUATION ACTIVITIES AUTHORIZED ELSE17 WHERE.—If, under any other provision of this Act (other 

18 than title I), funds are authorized to be reserved or used 

19 for evaluation activities with respect to a program or 

20 project, the Secretary may not reserve additional funds 

21 under this section for the evaluation of that program or 

22 project. 

23 ‘‘(e) SPECIAL RULE REGARDING ALLOCATION FOR

24 IMPACT EVALUATIONS.—The Secretary shall use not less 

25 than 30 percent of the funds reserved under this section 


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1 for each of the fiscal years 2014 through 2019, in the ag2 gregate for each year, for impact evaluations that meet 

3 the requirements of subsection (a)(1).’’. 

4 SEC. 9105. CONFORMING AMENDMENTS. 

5 (a) REORGANIZATION.—Title IX (20 U.S.C. 7801 et 

6 seq.) is amended by adding at the end the following: 

7 ‘‘PART G—MISCELLANEOUS PROVISIONS’’. 

8 (b) CONFORMING AMENDMENTS.—Title IX (20 

9 U.S.C. 7801 et seq.) is amended— 

10 (1) in section 9401 (20 U.S.C. 7861)— 

11 (A) in subsection (b)(1)(C), by striking ‘‘, 

12 in accordance with section 1111(b),’’; and 

13 (B) in subsection (c), by striking ‘‘subpart 

14 1 of part B of title V’’ and inserting ‘‘subpart 

15 1 of part D of title V’’; 

16 (2) by striking paragraph (1) of section 

17 9501(b) (20 U.S.C. 7881(b)) and inserting the fol18 lowing: 

19 ‘‘(1) IN GENERAL.—This section applies to pro20 grams under— 

21 ‘‘(A) part C of title I; 

22 ‘‘(B) part A of title II, to the extent pro23 vided in paragraph (3); 

24 ‘‘(C) part A of title III; 

25 ‘‘(D) part A of title IV; 


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1 ‘‘(E) part B of title IV; 

2 ‘‘(F) part D of title IV; and 

3 ‘‘(G) part E of title IV.’’; and 

4 (3) in section 9534(b) (20 U.S.C. 7914(b)), by 

5 striking ‘‘part B of title V’’ each place the term ap6 pears and inserting ‘‘part D of title V’’. 

7 TITLE X—COMMISSION ON EF8 FECTIVE REGULATION AND 

9 ASSESSMENT SYSTEMS FOR 

10 PUBLIC SCHOOLS 

11 SEC. 10011. SHORT TITLE. 

12 This title may be cited as the ‘‘Commission on Effec13 tive Regulation and Assessment Systems for Public 

14 Schools Act’’. 

15 SEC. 10012. DEFINITIONS. 

16 In this title: 

17 (1) CHAIRPERSON.—The term ‘‘Chairperson’’ 

18 means the Chairperson of the Commission. 

19 (2) COMMISSION.—The term ‘‘Commission’’ 

20 means the Commission on Effective Regulation and 

21 Assessment Systems for Public Schools. 


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1 SEC. 10013. ESTABLISHMENT OF COMMISSION ON EFFEC2 TIVE REGULATION AND ASSESSMENT SYS3 TEMS FOR PUBLIC SCHOOLS. 

4 (a) IN GENERAL.—Not later than 30 days after the 

5 date of enactment of this Act, the Secretary shall establish 

6 a commission to be known as the ‘‘Commission on Effec7 tive Regulation and Assessment Systems for Public 

8 Schools’’. 

9 (b) PURPOSE.—The Commission shall— 

10 (1) examine Federal, State, and local regulatory 

11 requirements on elementary and secondary edu12 cation; 

13 (2) make recommendations on how to align and 

14 improve such Federal, State, and local requirements 

15 to improve performance and innovation; 

16 (3) examine the quality and purpose of current 

17 Federal, State, and local assessment requirements; 

18 and 

19 (4) make recommendations to improve and 

20 align assessment systems to provide quality and 

21 meaningful information for parents, teachers, and 

22 students to improve student achievement, teacher 

23 performance, and innovation. 

24 (c) MEMBERSHIP.— 

25 (1) COMPOSITION.—The Commission shall be 

26 composed of— 


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1 (A) 4 Governors; 

2 (B) 6 State legislators; 

3 (C) 2 Chief State school officers; 

4 (D) 2 State officials responsible for admin5 istering Federal education programs; 

6 (E) 4 superintendents; 

7 (F) 2 principals; 

8 (G) 2 teachers; 

9 (H) 2 assessment experts; and 

10 (I) 2 teacher and principal effectiveness ex11 perts. 

12 (2) RECOMMENDATIONS.—The Secretary shall 

13 solicit input and nominations for appointing mem14 bers of the Commission from— 

15 (A) Governors; 

16 (B) members of Congress; 

17 (C) State legislators; 

18 (D) superintendents, principals, teachers, 

19 and other members of the education commu20 nity; and 

21 (E) parents, students, and other members 

22 of the general public. 

23 (3) DETERMINATION.—The Secretary shall de24 termine the membership of the Commission after 


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1 considering recommendations submitted under para2 graph (2). 

3 (d) CHAIRPERSON.—The Secretary shall designate a 

4 Governor as the Chairperson of the Commission. 

5 (e) MEETINGS.—The Commission shall hold, at the 

6 call of the Chairperson, not less than 1 meeting every 6 

7 months. All such meetings shall be open to the public. The 

8 Commission may hold, at the call of the Chairperson, such 

9 other meetings as the Chairperson sees fit to carry out 

10 this title. 

11 (f) QUORUM.—A majority of the members of the 

12 Commission shall constitute a quorum, but a lesser num13 ber of members may hold hearings. 

14 (g) INITIAL MEETING.—The Commission shall hold 

15 its first meeting not later than 60 days after the date of 

16 enactment of this Act. 

17 SEC. 10014. POWERS OF THE COMMISSION. 

18 (a) HEARINGS.— 

19 (1) IN GENERAL.—The Commission shall hold 

20 such hearings, sit and act at such times and places, 

21 take such testimony, and receive such evidence as 

22 the Commission determines appropriate to carry out 

23 this title. 


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1 (2) PARTICIPATION.—In hearings held under 

2 this subsection, the Commission shall consider invit3 ing witnesses from, among other groups— 

4 (A) teachers; 

5 (B) parents; 

6 (C) principals; 

7 (D) superintendents; 

8 (E) Federal, State, and local educational 

9 agency personnel; 

10 (F) researchers and other experts; and 

11 (G) any other individuals determined ap12 propriate by the Commission. 

13 (b) INFORMATION FROM FEDERAL AGENCIES.—The 

14 Commission may secure directly from any Federal depart15 ment or agency such information as the Commission con16 siders necessary to carry out this title. Upon request of 

17 the Chairperson, the head of such department or agency 

18 shall furnish such information to the Commission. 

19 SEC. 10015. DUTIES OF THE COMMISSION. 

20 (a) DUTIES.— 

21 (1) IN GENERAL.—The Commission shall take 

22 such actions as it determines necessary to gain a full 

23 understanding of the issues of effective regulation 

24 and assessment systems for public schools. 


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1 (2) AREAS OF EMPHASIS.—The Commission 

2 shall focus— 

3 (A) in examining the over-regulation of 

4 public schools, on— 

5 (i) examining Federal, State, and 

6 local regulations governing public schools; 

7 (ii) differentiating between financial, 

8 programmatic, general education, special 

9 education, and civil rights requirements; 

10 (iii) identifying which government en11 tity requires each regulation; 

12 (iv) measuring the cost of compliance 

13 in terms of funds spent on compliance and 

14 time in hours and personnel; 

15 (v) identifying duplicative, redundant, 

16 or unnecessary regulations at each govern17 mental level; and 

18 (vi) investigating how Federal, State, 

19 and local interpretations of laws and regu20 lations create an additional or unnecessary 

21 burden and are used as a rationale for im22 posing requirements that are not actually 

23 mandated by law; and 

24 (B) in examining the effective testing of 

25 public schools, on— 


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1 (i) examining Federal, State, and 

2 local testing and standardized assessment 

3 requirements for public elementary schools, 

4 middle schools, and high schools; 

5 (ii) determining the purpose and in6 tent of each such test or assessment, in7 cluding whether it is intended to measure 

8 student achievement and growth, teacher 

9 and principal effectiveness, or system ac10 countability; 

11 (iii) determining the frequency, 

12 length, and scheduling of such tests and 

13 assessments, and measuring, in hours and 

14 days, the student and teacher time spent 

15 on testing; 

16 (iv) examining standardized assess17 ments required by Federal, State, or local 

18 requirements, excluding teacher-created 

19 tests and quizzes and formative assess20 ments; 

21 (v) reporting on the quality of stand22 ardized assessments; 

23 (vi) examining reporting practices of 

24 test results and the degree to which such 

25 results are returned in a timely manner 


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1 with sufficient quality to be useful to par2 ents, teachers and principals, and students 

3 to inform and improve their work, includ4 ing targeting instruction to student needs, 

5 grading student work, and evaluating 

6 teacher and principal effectiveness; 

7 (vii) analyzing the ability of quality 

8 assessments to measure whether a student 

9 is prepared to graduate from high school 

10 and pursue college or a career without the 

11 need for academic remediation; 

12 (viii) examining what factors most 

13 contribute to quality assessments and the 

14 extent to which high-quality assessments 

15 can advance student learning; 

16 (ix) determining the technology infra17 structure required for next generation as18 sessments; and 

19 (x) identifying opportunities to im20 prove assessment practices to better pro21 mote parent, teacher and principal, and 

22 student understanding of progress toward 

23 college and career readiness and public un24 derstanding of school performance and 

25 educational productivity. 


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1 (3) SAMPLES.—In conducting its work under 

2 this title, the Commission may rely on samples of 

3 States and local educational agencies for examples of 

4 regulations and testing requirements. 

5 (b) REPORTS.— 

6 (1) IN GENERAL.—Subject to paragraph (2), 

7 the Commission shall provide regular reports in a 

8 manner and form of the Commission’s choosing to— 

9 (A) the Secretary; and 

10 (B) the members of the authorizing com11 mittees. 

12 (2) ANNUAL REPORT.—Not later than 1 year 

13 after the date of the first meeting of the Commis14 sion, and annually thereafter, the Commission shall 

15 issue a report to— 

16 (A) the Secretary; and 

17 (B) the members of the authorizing com18 mittees. 

19 (3) PUBLIC REPORT.—The Commission shall— 

20 (A) prepare a report— 

21 (i) analyzing findings of the Commis22 sion; and 

23 (ii) making recommendations for Fed24 eral, State, and local policy makers; and 


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1 (B) broadly disseminate such report to the 

2 general public. 

3 (c) TESTIMONY.—The Chairperson shall annually 

4 provide testimony to the authorizing committees. 

5 SEC. 10016. COMMISSION PERSONNEL MATTERS. 

6 (a) COMPENSATION OF MEMBERS.—Each member of 

7 the Commission shall serve without compensation in addi8 tion to any such compensation received for the member’s 

9 service as an officer or employee of the United States, if 

10 applicable. 

11 (b) TRAVEL EXPENSES.—The members of the Com12 mission shall be allowed travel expenses, including per 

13 diem in lieu of subsistence, at rates authorized for employ14 ees of agencies under subchapter 1 of chapter 57 of title 

15 5, United States Code, while away from their homes or 

16 regular places of business in the performance of services 

17 for the Commission. 

18 (c) ASSISTANCE.— 

19 (1) IN GENERAL.—The Assistant Secretary of 

20 Elementary and Secondary Education shall provide 

21 assistance to the Commission, upon request of the 

22 Commission, without reimbursement. 

23 (2) DETAIL OF GOVERNMENT EMPLOYEES.— 

24 Any Federal Government employee may be detailed 

25 to the Commission without reimbursement, and such 


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1 detail shall be without interruption or loss of civil 

2 service status or privilege. 

3 TITLE XI—AMENDMENTS TO 

4 OTHER LAWS; MISCELLA5 NEOUS PROVISIONS 

6 PART A—AMENDMENTS TO OTHER LAWS 

7 Subpart 1—McKinney-Vento Homeless Assistance Act 

8 SEC. 11011. SHORT TITLE. 

9 This subpart may be cited as the ‘‘McKinney-Vento 

10 Homeless Education Reauthorization Act of 2013’’. 

11 SEC. 11012. EDUCATION FOR HOMELESS CHILDREN AND 

12 YOUTH. 

13 Subtitle B of title VII of the McKinney-Vento Home14 less Assistance Act (42 U.S.C. 11431 et seq.) is amended 

15 to read as follows: 

16 ‘‘Subtitle B—Education for 

17 Homeless Children and Youth 

18 ‘‘SEC. 721. STATEMENT OF POLICY. 

19 ‘‘The following is the policy of Congress: 

20 ‘‘(1) Each State shall ensure that each home21 less child and youth has access to the same free ap22 propriate public education, including a public pre23 school education, as is provided to other children 

24 and youth. 


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1 ‘‘(2) In any State where compulsory residency 

2 requirements or other requirements of laws, regula3 tions, practices, or policies may act as a barrier to 

4 the identification, enrollment, attendance, or success 

5 in school of homeless children and youth, the State 

6 shall review and revise such laws, regulations, prac7 tices, or policies to ensure that homeless children 

8 and youth are afforded the same free appropriate 

9 public education as is provided to other children and 

10 youth. 

11 ‘‘(3) Homelessness is not a sufficient reason to 

12 separate students from the mainstream school envi13 ronment. 

14 ‘‘(4) Homeless children and youth shall have 

15 access to the education and other services that such 

16 children and youth need to ensure that such children 

17 and youth have an opportunity to meet the same col18 lege and career ready State student academic 

19 achievement standards to which all students are 

20 held. 

21 ‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 

22 THE EDUCATION OF HOMELESS CHILDREN 

23 AND YOUTH. 

24 ‘‘(a) GENERAL AUTHORITY.—The Secretary is au25 thorized to make grants to States from allotments made 


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1 under subsection (c) and in accordance with this section 

2 to enable such States to carry out the activities described 

3 in subsections (d) through (g). 

4 ‘‘(b) APPLICATION.—In order for a State to be eligi5 ble to receive a grant under this section, the State edu6 cational agency, in consultation with other relevant State 

7 agencies, shall submit an application to the Secretary at 

8 such time, in such manner, and containing or accompanied 

9 by such information as the Secretary may reasonably re10 quire. 

11 ‘‘(c) ALLOCATION AND RESERVATIONS.— 

12 ‘‘(1) ALLOCATION.— 

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (C), the Secretary is authorized to allot 

15 to each State an amount that bears the same 

16 ratio to the amount appropriated for such year 

17 under section 727 that remains after the Sec18 retary reserves funds under paragraph (2) and 

19 uses funds to carry out section 724 (d) and (h), 

20 as the amount allocated under section 1122 of 

21 the Elementary and Secondary Education Act 

22 of 1965 (20 U.S.C. 6332) to the State for that 

23 year bears to the total amount allocated under 

24 section 1122 of such Act to all States for that 

25 year, except as provided in subparagraph (B). 


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1 ‘‘(B) MINIMUM ALLOTMENTS.—No State 

2 shall receive for a fiscal year less under this 

3 paragraph than the greater of— 

4 ‘‘(i) $300,000; or 

5 ‘‘(ii) an amount that bears the same 

6 ratio to the amount appropriated for such 

7 year under section 727 that remains after 

8 the Secretary reserves funds under para9 graph (2) and uses funds to carry out sec10 tion 724 (d) and (h), as the amount the 

11 State received under this paragraph for the 

12 preceding fiscal year bears to the total 

13 amount received by all States under this 

14 paragraph for the preceding fiscal year. 

15 ‘‘(C) REDUCTION FOR INSUFFICIENT

16 FUNDS.—If there are insufficient funds in a fis17 cal year to allot to each State the minimum 

18 amount under subparagraph (B), the Secretary 

19 shall ratably reduce the allotments to all States 

20 based on the proportionate share that each 

21 State received under this subsection for the pre22 ceding fiscal year. 

23 ‘‘(2) RESERVATIONS.— 

24 ‘‘(A) STUDENTS IN TERRITORIES.—The 

25 Secretary is authorized to reserve 0.1 percent of 


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1 the amount appropriated for each fiscal year 

2 under section 727 to be allocated by the Sec3 retary among the United States Virgin Islands, 

4 Guam, American Samoa, and the Common5 wealth of the Northern Mariana Islands, ac6 cording to their respective need for assistance 

7 under this subtitle, as determined by the Sec8 retary. Funds allocated under this subpara9 graph shall be used for programs that are con10 sistent with the purposes of the programs de11 scribed in this subtitle. 

12 ‘‘(B) INDIAN STUDENTS.— 

13 ‘‘(i) TRANSFER.—The Secretary shall 

14 transfer 1 percent of the amount appro15 priated for each fiscal year under section 

16 727 to the Department of the Interior for 

17 programs that are for Indian students 

18 served by schools funded by the Secretary 

19 of the Interior, as determined under the 

20 Indian Self-Determination and Education 

21 Assistance Act (25 U.S.C. 450 et seq.), 

22 and that are consistent with the purposes 

23 of the programs described in this subtitle. 

24 ‘‘(ii) AGREEMENT.—The Secretary of 

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1 rior shall enter into an agreement, con2 sistent with the requirements of this sub3 title, for the distribution and use of the 

4 funds described in clause (i) under terms 

5 that the Secretary of Education determines 

6 best meet the purposes of the programs de7 scribed in this subtitle. Such agreement 

8 shall set forth the plans of the Secretary of 

9 the Interior for the use of the funds trans10 ferred, including appropriate goals, objec11 tives, and milestones for that use. 

12 ‘‘(d) STATE ACTIVITIES.—Grant funds from a grant 

13 made to a State under this section shall be used for the 

14 following: 

15 ‘‘(1) To provide activities for and services to 

16 improve the identification of homeless children and 

17 youth and enable such children and youth to enroll 

18 in, attend, and succeed in school, including in early 

19 childhood education programs. 

20 ‘‘(2) To establish or designate an Office of the 

21 Coordinator for Education of Homeless Children and 

22 Youth in the State educational agency in accordance 

23 with subsection (f) that has sufficient knowledge, 

24 authority, and time to carry out the duties described 

25 in this subtitle. 


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1 ‘‘(3) To prepare and carry out the State plan 

2 described in subsection (g). 

3 ‘‘(4) To develop and implement professional de4 velopment activities for liaisons designated under 

5 subsection (g)(1)(J)(ii), other local educational agen6 cy and school personnel, and community agencies— 

7 ‘‘(A) to improve their identification of 

8 homeless children and youth; and 

9 ‘‘(B) to improve their awareness of, and 

10 capacity to respond to, specific needs in the 

11 education of homeless children and youth. 

12 ‘‘(e) STATE AND LOCAL SUBGRANTS.— 

13 ‘‘(1) MINIMUM DISBURSEMENTS BY STATES.— 

14 From the grant funds made available each year to 

15 a State under subsection (a) to carry out this sub16 title, the State educational agency shall distribute 

17 not less than 75 percent by making subgrants under 

18 section 723 to local educational agencies for the pur19 poses of carrying out section 723. 

20 ‘‘(2) USE BY STATE EDUCATIONAL AGENCY.— 

21 A State educational agency may use any grant funds 

22 remaining after making subgrants under section 723 

23 to conduct activities under subsection (f) directly or 

24 through making grants or entering into contracts. 


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1 ‘‘(3) PROHIBITION ON SEGREGATING HOMELESS

2 STUDENTS.—In providing a free public education to 

3 a homeless child or youth, no State receiving funds 

4 under this subtitle shall segregate such child or 

5 youth in a separate school, or in a separate program 

6 within a school, based on such child’s or youth’s sta7 tus as homeless. 

8 ‘‘(f) FUNCTIONS OF THE OFFICE OF THE COORDI9 NATOR.—The Coordinator for Education of Homeless 

10 Children and Youth established in each State shall— 

11 ‘‘(1) gather and make publicly available reliable, 

12 valid, and comprehensive information on— 

13 ‘‘(A) the nature and extent of the problems 

14 homeless children and youth have in gaining ac15 cess to public preschool programs, and to public 

16 elementary schools and secondary schools; 

17 ‘‘(B) the difficulties in identifying the spe18 cial needs and barriers to participation and 

19 achievement of such children and youth; 

20 ‘‘(C) any progress made by the State edu21 cational agency and local educational agencies 

22 in the State in addressing such problems and 

23 difficulties; and 

24 ‘‘(D) the success of the programs under 

25 this subtitle in identifying homeless children 


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1 and youth and allowing homeless children and 

2 youth to enroll in, attend, and succeed in, 

3 school; and 

4 ‘‘(2) develop and carry out the State plan de5 scribed in subsection (g); 

6 ‘‘(3) collect data for and transmit to the Sec7 retary, at such time and in such manner as the Sec8 retary may require, reports containing such informa9 tion as the Secretary determines is necessary to as10 sess the educational needs of homeless children and 

11 youth within the State, including data requested 

12 pursuant to section 724(h); 

13 ‘‘(4) improve the provision of comprehensive 

14 education and related support services to homeless 

15 children and youth and their families, and to mini16 mize educational disruption, through coordination of 

17 activities, and collaboration with— 

18 ‘‘(A) educators, including teachers, admin19 istrators, special education personnel, and child 

20 development and preschool program personnel; 

21 ‘‘(B) providers of services to homeless chil22 dren and youth and homeless families, public 

23 and private child welfare and social services 

24 agencies, law enforcement agencies, juvenile and 

25 family courts, agencies providing mental health 


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1 services, domestic violence agencies, child care 

2 providers, runaway and homeless youth centers, 

3 and providers of services and programs funded 

4 under the Runaway and Homeless Youth Act 

5 (42 U.S.C. 5701 et seq.); 

6 ‘‘(C) providers of emergency, transitional, 

7 and permanent housing to homeless children 

8 and youth, and their families, including public 

9 housing agencies, shelter operators, operators of 

10 transitional housing facilities, and providers of 

11 transitional living programs for homeless youth; 

12 ‘‘(D) local educational agency liaisons des13 ignated under subsection (g)(1)(J)(ii) for home14 less children and youth; and 

15 ‘‘(E) community organizations and groups 

16 representing homeless children and youth and 

17 their families; 

18 ‘‘(5) provide professional development and tech19 nical assistance to and conduct monitoring of local 

20 educational agencies, in coordination with local edu21 cational agency liaisons designated under subsection 

22 (g)(1)(J)(ii), to ensure that local educational agen23 cies comply with the requirements of paragraphs (3) 

24 through (8) of subsection (g), and subsection (e)(3); 

25 and 


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1 ‘‘(6) make opportunities available for teachers 

2 and local educational agency liaisons designated 

3 under subsection (g)(1)(J)(ii) to participate in ongo4 ing and relevant professional development programs 

5 and activities. 

6 ‘‘(g) STATE PLAN.— 

7 ‘‘(1) IN GENERAL.—Each State shall submit to 

8 the Secretary and implement a plan to provide for 

9 the education of all homeless children and youth 

10 within the State. Such plan shall include the fol11 lowing: 

12 ‘‘(A) A description of how such children 

13 and youth are (or will be) given the oppor14 tunity— 

15 ‘‘(i) to meet the same college and ca16 reer ready State student academic achieve17 ment standards as all students are ex18 pected to meet; and 

19 ‘‘(ii) to become college and career 

20 ready. 

21 ‘‘(B) A description of the procedures the 

22 State educational agency will use, in coordina23 tion with local educational agencies, to identify 

24 such children and youth in the State and to as25 sess their needs. 


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1 ‘‘(C) A description of procedures for the 

2 prompt resolution of disputes arising under this 

3 subtitle, which shall— 

4 ‘‘(i) be developed in coordination and 

5 collaboration with the liaisons designated 

6 under subparagraph (J)(ii); 

7 ‘‘(ii) be readily available and provided 

8 in a written format and, to the extent 

9 practicable, in a manner and form under10 standable to the parents and guardians of 

11 homeless children and youth; 

12 ‘‘(iii) take into account the edu13 cational best interest of the homeless child 

14 or youth, or unaccompanied youth, in15 volved; and 

16 ‘‘(iv) ensure that parents and guard17 ians of homeless children and youth, and 

18 unaccompanied youth, who have exhausted 

19 the procedures available under this para20 graph are able to appeal to the State edu21 cational agency, and are enrolled in school 

22 pursuant to paragraph (4)(C) and receive 

23 transportation pursuant to subparagraph 

24 (J)(iii) pending final resolution of the dis25 pute. 


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1 ‘‘(D) A description of programs for school 

2 personnel (including the liaisons, principals, at3 tendance officers, teachers, enrollment per4 sonnel, and specialized instructional support 

5 personnel) to increase the awareness of such 

6 personnel of the specific needs of homeless ado7 lescents, including runaway and homeless 

8 youth. 

9 ‘‘(E) A description of procedures that en10 sure that homeless children and youth are able 

11 to participate in Federal, State, or local nutri12 tion programs. 

13 ‘‘(F) A description of procedures that en14 sure that— 

15 ‘‘(i) homeless children have access to 

16 public preschool programs, administered by 

17 the State educational agency or local edu18 cational agency, including through the poli19 cies and practices required under para20 graph (3); 

21 ‘‘(ii) homeless youth, including youth 

22 separated from public schools, are identi23 fied and accorded equal access to appro24 priate and available secondary education 

25 and support services, including receiving 


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1 appropriate credit for full or partial 

2 coursework satisfactorily completed while 

3 attending a prior school, and for work 

4 completed after their enrollment in a new 

5 school, consistent with State graduation re6 quirements and accreditation standards; 

7 and 

8 ‘‘(iii) homeless children and youth 

9 who meet the relevant eligibility criteria 

10 are able to participate in Federal, State, or 

11 local before- and after-school care, magnet 

12 schools, summer schools, career and tech13 nical education, advanced placement, on14 line learning opportunities, charter school 

15 programs, and relevant workforce invest16 ment programs. 

17 ‘‘(G) Strategies to address problems identi18 fied in the reports provided to the Secretary 

19 under subsection (f)(3). 

20 ‘‘(H) Strategies to address other problems 

21 with respect to the education of homeless chil22 dren and youth, including enrollment problems 

23 related to— 

24 ‘‘(i) immunization and other required 

25 health records and screenings; 


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1 ‘‘(ii) residency requirements; 

2 ‘‘(iii) lack of birth certificates, school 

3 records, or other documentation; 

4 ‘‘(iv) guardianship issues; or 

5 ‘‘(v) uniform or dress code require6 ments. 

7 ‘‘(I) A demonstration that the State edu8 cational agency, and local educational agencies 

9 and schools in the State, have developed and 

10 shall regularly review and revise their policies 

11 and practices to remove barriers to the identi12 fication, enrollment, attendance, retention, and 

13 success of homeless children and youth in 

14 schools, including early childhood education 

15 programs, in the State. 

16 ‘‘(J) Assurances that the following will be 

17 carried out: 

18 ‘‘(i) The State educational agency and 

19 local educational agencies in the State will 

20 adopt policies and practices to ensure that 

21 homeless children and youth are not stig22 matized or segregated on the basis of their 

23 status as homeless. 

24 ‘‘(ii) Local educational agencies will 

25 designate an appropriate staff person as 


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1 the local educational agency liaison for 

2 homeless children and youth, who shall 

3 have sufficient training and time to carry 

4 out the duties described in paragraph 

5 (7)(A), and who may also be a coordinator 

6 for other Federal programs. 

7 ‘‘(iii) The State and local educational 

8 agencies in the State will adopt policies 

9 and practices to ensure that transportation 

10 is provided at the request of the parent or 

11 guardian involved (or in the case of an un12 accompanied youth, the liaison), to and 

13 from the school of origin, for as long as 

14 the student has the right to attend the 

15 school of origin as determined in para16 graph (4)(A), in accordance with the fol17 lowing, as applicable: 

18 ‘‘(I) If the child or youth con19 tinues to live in the area served by the 

20 local educational agency for the school 

21 of origin, the child’s or youth’s trans22 portation to and from the school of 

23 origin shall be provided or arranged 

24 by the local educational agency for the 

25 school of origin. 


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1 ‘‘(II) If the child’s or youth’s liv2 ing arrangements in the area served 

3 by the local educational agency of ori4 gin terminate and the child or youth, 

5 though continuing the child’s or 

6 youth’s education in the school of ori7 gin, begins living in an area served by 

8 another local educational agency, the 

9 local educational agency of origin and 

10 the local educational agency for the 

11 area in which the child or youth is liv12 ing shall agree upon a method to ap13 portion the responsibility and cost for 

14 providing transportation to and from 

15 the school of origin. If the local edu16 cational agencies are unable to agree 

17 upon such method, the responsibility 

18 and costs for transportation shall be 

19 shared equally between the agencies. 

20 ‘‘(iv) The State educational agency 

21 and local educational agencies will adopt 

22 policies and practices to promote school 

23 success for homeless children and youth, 

24 including access to full participation in 

25 academic and extracurricular activities that 


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1 are made available to non-homeless stu2 dents. 

3 ‘‘(2) COMPLIANCE.— 

4 ‘‘(A) IN GENERAL.—Each plan adopted 

5 under this subsection shall also describe how 

6 the State will ensure that local educational 

7 agencies in the State will comply with the re8 quirements of paragraphs (3) through (8). 

9 ‘‘(B) COORDINATION.—Such plan shall in10 dicate what technical assistance the State will 

11 furnish to local educational agencies and how 

12 compliance efforts will be coordinated with the 

13 local educational agency liaisons designated 

14 under paragraph (1)(J)(ii). 

15 ‘‘(3) SCHOOL READINESS FOR HOMELESS CHIL16 DREN.—Each State plan adopted under this sub17 section shall ensure that entities carrying out pre18 school programs funded, administered, or overseen 

19 by the agency involved— 

20 ‘‘(A) identify and prioritize homeless chil21 dren for enrollment and increase their enroll22 ment and attendance in early childhood edu23 cation programs, including through policies 

24 such as— 


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1 ‘‘(i) reserving spaces in preschool pro2 grams for homeless children; 

3 ‘‘(ii) conducting targeted outreach to 

4 homeless children and their families; 

5 ‘‘(iii) waiving application deadlines; 

6 ‘‘(iv) providing ongoing professional 

7 development for staff regarding the needs 

8 of homeless children and their families and 

9 strategies to serve the children and fami10 lies; and 

11 ‘‘(v) developing the capacity to serve 

12 all identified homeless children; and 

13 ‘‘(B) review the educational and related 

14 needs of homeless children and their families in 

15 such agency’s service area, in coordination with 

16 the liaison designated under paragraph 

17 (1)(J)(ii). 

18 ‘‘(4) LOCAL EDUCATIONAL AGENCY REQUIRE19 MENTS.— 

20 ‘‘(A) IN GENERAL.—The local educational 

21 agency serving each child or youth to be as22 sisted under this subtitle shall, according to the 

23 child’s or youth’s best interest— 


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1 ‘‘(i) continue the child’s or youth’s 

2 education in the school of origin for the 

3 duration of homelessness— 

4 ‘‘(I) in any case in which the 

5 child or youth becomes a homeless 

6 child or youth between academic years 

7 or during an academic year; and 

8 ‘‘(II) for the remainder of the 

9 academic year, if the child or youth 

10 becomes permanently housed during 

11 an academic year; or 

12 ‘‘(ii) enroll the child or youth in any 

13 public school that nonhomeless students 

14 who live in the attendance area in which 

15 the child or youth is actually living are eli16 gible to attend. 

17 ‘‘(B) BEST INTEREST IN SCHOOL STA18 BILITY.—In determining the best interest of the 

19 child or youth under subparagraph (A), the 

20 local educational agency shall— 

21 ‘‘(i) presume that keeping a homeless 

22 child or youth in the school of origin is in 

23 the child’s or youth’s best interest, except 

24 when doing so is contrary to the wishes of 

25 the child’s or youth’s parent or guardian; 


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1 ‘‘(ii) consider student-centered factors 

2 related to the child’s or youth’s best inter3 est, including factors related to the impact 

4 of mobility on achievement, education, 

5 health, and safety of homeless children and 

6 youth, giving priority to the wishes of the 

7 homeless child’s or youth’s parent or 

8 guardian or the unaccompanied youth in9 volved; 

10 ‘‘(iii) if, after conducting the best in11 terest determination described in clause 

12 (ii), the local educational agency deter13 mines that it is not in the child’s or 

14 youth’s best interest to attend the school of 

15 origin or the school requested by the par16 ent, guardian, or unaccompanied youth, 

17 provide, in coordination with the local edu18 cation agency liaison, the homeless child’s 

19 or youth’s parent or guardian or the unac20 companied youth, with a written expla21 nation in a manner or form understandable 

22 to such parent, guardian, or youth, to the 

23 extent practicable, including a statement 

24 regarding the right to appeal under sub25 paragraph (E); 


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1 ‘‘(iv) in the case of an unaccompanied 

2 youth, ensure that the local educational 

3 agency liaison assists in placement or en4 rollment decisions under this subpara5 graph, gives priority to the views of such 

6 unaccompanied youth, and provides notice 

7 to such youth of the right to appeal under 

8 subparagraph (E); and 

9 ‘‘(v) provide transportation pursuant 

10 to paragraphs (1)(J)(iii) and (5). 

11 ‘‘(C) ENROLLMENT.— 

12 ‘‘(i) ENROLLMENT.—The school se13 lected in accordance with this paragraph 

14 shall immediately enroll the homeless child 

15 or youth, even if the child or youth— 

16 ‘‘(I) is unable to produce records 

17 traditionally required for enrollment, 

18 including previous academic records, 

19 health records, proof of residency or 

20 guardianship, or other documentation; 

21 ‘‘(II) has unpaid fines or fees 

22 from prior schools or is unable to pay 

23 fees in the school selected; or 


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1 ‘‘(III) has missed application or 

2 enrollment deadlines during any pe3 riod of homelessness. 

4 ‘‘(ii) CONTACTING SCHOOL LAST AT5 TENDED.—The enrolling school shall im6 mediately contact the school last attended 

7 by the child or youth to obtain relevant 

8 academic and other records. 

9 ‘‘(iii) RELEVANT HEALTH RECORDS.— 

10 If the child or youth needs to obtain immu11 nizations or other required health records, 

12 the enrolling school shall immediately en13 roll the child or youth and immediately 

14 refer the parent or guardian of the child or 

15 youth, or the unaccompanied youth, to the 

16 local educational agency liaison designated 

17 under paragraph (1)(J)(ii), who shall as18 sist in obtaining necessary immunizations 

19 or screenings, or immunization or other re20 quired health records in accordance with 

21 subparagraph (D). 

22 ‘‘(iv) NO LIABILITY.—Whenever the 

23 school selected enrolls an unaccompanied 

24 youth in accordance with this paragraph, 

25 no liability shall be imposed upon the 


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1 school by reason of enrolling the youth 

2 without parent or guardian consent. 

3 ‘‘(D) RECORDS.—Any record ordinarily 

4 kept by the school, including immunizations or 

5 medical records, academic records, birth certifi6 cates, guardianship records, and evaluations for 

7 special services or programs, regarding each 

8 homeless child or youth shall be maintained— 

9 ‘‘(i) so that the records involved are 

10 available when a homeless child or youth 

11 enters a new school or school district, even 

12 if the child or youth owes fees or fines or 

13 did not withdraw from the previous school 

14 in conformance with local withdrawal pro15 cedures; and 

16 ‘‘(ii) in a manner consistent with sec17 tion 444 of the General Education Provi18 sions Act (20 U.S.C. 1232g). 

19 ‘‘(E) DISPUTES.—If a dispute arises over 

20 eligibility, enrollment, school selection, or serv21 ice in a public school or public preschool, or any 

22 other issue relating to services under this sub23 title— 

24 ‘‘(i) in the case of a dispute relating 

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1 tion, the child or youth shall be imme2 diately enrolled in the school in which en3 rollment is sought, pending final resolution 

4 of the dispute including all available ap5 peals; 

6 ‘‘(ii) the parent or guardian of the 

7 child or youth shall be provided with a 

8 written explanation of the school’s decision 

9 regarding eligibility for enrollment, school 

10 selection, or services, made by the school 

11 or the local educational agency, which shall 

12 include information about the right to ap13 peal the decision; 

14 ‘‘(iii) the child, youth, parent, or 

15 guardian shall be referred to the local edu16 cational agency liaison designated under 

17 paragraph (1)(J)(ii), who shall carry out 

18 the dispute resolution process as described 

19 in paragraph (1)(C) as expeditiously as 

20 possible after receiving notice of such dis21 pute; and 

22 ‘‘(iv) in the case of an unaccompanied 

23 youth, the liaison shall ensure that the 

24 youth is immediately enrolled in the school 


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1 in which the youth seeks enrollment, pend2 ing resolution of such dispute. 

3 ‘‘(F) PLACEMENT CHOICE.—The choice re4 garding placement shall be made regardless of 

5 whether the child or youth involved lives with 

6 the homeless parents or has been temporarily 

7 placed elsewhere. 

8 ‘‘(G) SCHOOL OF ORIGIN DEFINED.— 

9 ‘‘(i) IN GENERAL.—In this paragraph, 

10 the term ‘school of origin’ means the 

11 school that a child or youth attended when 

12 permanently housed or the school in which 

13 the child or youth was last enrolled. 

14 ‘‘(ii) RECEIVING SCHOOL.—When a 

15 child or youth completes the final grade 

16 level served by the school of origin, as de17 scribed in clause (i), the term ‘school of or18 igin’ shall include the designated receiving 

19 school at the next grade level for the feeder 

20 school that the child or youth attended. 

21 ‘‘(H) CONTACT INFORMATION.—Nothing 

22 in this subtitle shall prohibit a local educational 

23 agency from requiring a parent or guardian of 

24 a homeless child to submit contact information. 


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1 ‘‘(I) PRIVACY.—Information about a home2 less child’s or youth’s living situation shall be 

3 treated as a student education record under 

4 section 444 of the General Education Provi5 sions Act (20 U.S.C. 1232g) and shall not be 

6 released to housing providers, employers, law 

7 enforcement personnel, or other persons or 

8 agencies not authorized to have such informa9 tion under section 99.31 of title 34, Code of 

10 Federal Regulations, paying particular atten11 tion to preventing disruption of the living situa12 tion of the child or youth and to supporting the 

13 safety of such children and youth who are sur14 vivors of domestic violence and unaccompanied 

15 youth. 

16 ‘‘(J) ACADEMIC ACHIEVEMENT.—The 

17 school selected in accordance with this para18 graph shall ensure that homeless children and 

19 youth have opportunities to meet the same col20 lege and career ready State student academic 

21 achievement standards to which other students 

22 are held, including implementing the policies 

23 and practices required by paragraph (1)(J)(iv). 

24 ‘‘(K) SCHOOL READINESS FOR HOMELESS

25 CHILDREN.—Each local educational agency 


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1 shall ensure school readiness for homeless chil2 dren as described in paragraph (3). 

3 ‘‘(5) COMPARABLE SERVICES.—In addition to 

4 receiving services provided for homeless children and 

5 youth under this subtitle or other Federal, State, or 

6 local laws, regulations, policies, or practices, each 

7 homeless child or youth to be assisted under this 

8 subtitle also shall be provided services comparable to 

9 services offered to other students in the school se10 lected under paragraph (4), including the following: 

11 ‘‘(A) Transportation services. 

12 ‘‘(B) Educational services for which the 

13 child or youth meets the eligibility criteria, in14 cluding services provided under title I of the El15 ementary and Secondary Education Act of 1965 

16 (20 U.S.C. 6301 et seq.), similar State or local 

17 programs, charter schools, magnet schools, edu18 cational programs for children with disabilities, 

19 and educational programs for students with 

20 limited English proficiency. 

21 ‘‘(C) Programs in career and technical 

22 education. 

23 ‘‘(D) Programs for gifted and talented stu24 dents. 

25 ‘‘(E) School nutrition programs. 


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1 ‘‘(F) Health and counseling services, as 

2 appropriate. 

3 ‘‘(6) COORDINATION.— 

4 ‘‘(A) IN GENERAL.—Each local educational 

5 agency shall coordinate— 

6 ‘‘(i) the provision of services under 

7 this subtitle with the services of local social 

8 services agencies and other agencies or en9 tities providing services to homeless chil10 dren and youth and their families, includ11 ing services and programs funded under 

12 the Runaway and Homeless Youth Act (42 

13 U.S.C. 5701 et seq.); and 

14 ‘‘(ii) transportation, transfer of school 

15 records, and other interdistrict activities, 

16 with other local educational agencies. 

17 ‘‘(B) HOUSING ASSISTANCE.—Each State 

18 educational agency and local educational agency 

19 that receives assistance under this subtitle shall 

20 coordinate, if applicable, with State and local 

21 housing agencies responsible for developing a 

22 comprehensive housing affordability strategy 

23 described in section 105 of the Cranston-Gon24 zalez National Affordable Housing Act (42 


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1 U.S.C. 12705) to minimize education disruption 

2 for children and youth who become homeless. 

3 ‘‘(C) COORDINATION PURPOSE.—The co4 ordination required under subparagraphs (A) 

5 and (B) shall be designed to— 

6 ‘‘(i) ensure that all homeless children 

7 and youth are identified within a reason8 able time frame; 

9 ‘‘(ii) ensure that homeless children 

10 and youth have access to and are in rea11 sonable proximity to available education 

12 and related support services; and 

13 ‘‘(iii) raise the awareness of school 

14 personnel and service providers of the ef15 fects of short-term stays in a shelter and 

16 other challenges associated with homeless17 ness. 

18 ‘‘(D) HOMELESS CHILDREN AND YOUTHS

19 WITH DISABILITIES.—For children and youth 

20 who are to be assisted both under this subtitle, 

21 and under the Individuals with Disabilities 

22 Education Act (20 U.S.C. 1400 et seq.) or sec23 tion 504 of the Rehabilitation Act of 1973 (29 

24 U.S.C. 794), each local educational agency shall 

25 coordinate the provision of services under this 


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1 subtitle with the provision of programs for chil2 dren with disabilities served by such local edu3 cational agency and other involved local edu4 cational agencies. 

5 ‘‘(7) LOCAL EDUCATIONAL AGENCY LIAISON.— 

6 ‘‘(A) DUTIES.—Each local educational 

7 agency liaison for homeless children and youth, 

8 designated under paragraph (1)(J)(ii), shall en9 sure that— 

10 ‘‘(i) all homeless children and youth 

11 are identified by school personnel and 

12 through outreach and coordination activi13 ties with other entities and agencies; 

14 ‘‘(ii) homeless children and youth are 

15 enrolled in, and have a full and equal op16 portunity to succeed in, schools of that 

17 local educational agency; 

18 ‘‘(iii) homeless families, and homeless 

19 children and youth, have access to edu20 cational services for which such families, 

21 children, and youth are eligible, including 

22 services through Head Start, Early Head 

23 Start, early intervention, and Even Start 

24 programs, and preschool programs de25 scribed in paragraph (3); 


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1 ‘‘(iv) homeless families, and homeless 

2 children and youth, receive referrals to 

3 health care services, dental services, mental 

4 health and substance abuse services, hous5 ing services, and other appropriate serv6 ices; 

7 ‘‘(v) homeless children and youth are 

8 certified as eligible for free meals offered 

9 under the Richard B. Russell National 

10 School Lunch Act (42 U.S.C. 1751 et seq.) 

11 and the Child Nutrition Act of 1966 (42 

12 U.S.C. 1771 et seq.), without further ap13 plication; 

14 ‘‘(vi) the parents or guardians of 

15 homeless children and youth are informed 

16 of the educational and related opportuni17 ties available to their children, including 

18 early learning opportunities, and are pro19 vided with meaningful opportunities to par20 ticipate in the education of their children; 

21 ‘‘(vii) public notice of the educational 

22 rights of homeless children and youth is in23 corporated into documents related to resi24 dency requirements or enrollment, provided 

25 upon school enrollment and withdrawal, 


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1 posted on the local educational agency’s 

2 website, and disseminated in locations fre3 quented by parents or guardians of such 

4 children and youth, and unaccompanied 

5 youth, including schools, shelters, public li6 braries, and soup kitchens, in a manner 

7 and form understandable to parents and 

8 guardians of homeless children and youth 

9 and unaccompanied youth; 

10 ‘‘(viii) disputes are resolved in accord11 ance with paragraph (4)(E); 

12 ‘‘(ix) the parent or guardian of a 

13 homeless child or youth, and any unaccom14 panied youth, is fully informed of all trans15 portation services, including transportation 

16 to the school of origin, as described in 

17 paragraph (1)(J)(iii), and is assisted in ac18 cessing transportation to the school that is 

19 selected under paragraph (4)(A); 

20 ‘‘(x) school personnel are adequately 

21 prepared to implement this subtitle and re22 ceive professional development, resource 

23 materials, technical assistance, and other 

24 support; and 

25 ‘‘(xi) unaccompanied youth— 


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1 ‘‘(I) are enrolled in school; 

2 ‘‘(II) have opportunities to meet 

3 the same college and career ready 

4 State student academic achievement 

5 standards to which other students are 

6 held, including through implementa7 tion of the policies and practices re8 quired by subparagraphs (F)(ii) and 

9 (J)(iv) of paragraph (1); and 

10 ‘‘(III) are informed of their sta11 tus as independent students under 

12 section 480 of the Higher Education 

13 Act of 1965 (20 U.S.C. 1087vv), in14 cluding through school counselors that 

15 have received professional develop16 ment about unaccompanied youth, 

17 and receive verification of such status 

18 for purposes of the Free Application 

19 for Federal Student Aid described in 

20 section 483 of such Act (20 U.S.C. 

21 1090). 

22 ‘‘(B) NOTICE.—State Coordinators ap23 pointed under subsection (d)(2) and local edu24 cational agencies shall inform school personnel, 

25 service providers, and advocates working with 


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1 homeless families and homeless children and 

2 youth of the contact information and duties of 

3 the local educational agency liaisons, including 

4 publishing an annually updated list of the liai5 sons on the State educational agency’s website. 

6 ‘‘(C) LOCAL AND STATE COORDINATION.— 

7 The local educational agency liaisons shall, as a 

8 part of their duties, coordinate and collaborate 

9 with the State Coordinators and community 

10 and school personnel responsible for the provi11 sion of education and related support services 

12 to homeless children and youth. Such coordina13 tion shall include collecting and providing to the 

14 State Coordinator the reliable, valid, and com15 prehensive data needed to meet the require16 ments of paragraphs (1) and (3) of subsection 

17 (f). 

18 ‘‘(D) PROFESSIONAL DEVELOPMENT.—The 

19 local educational agency liaisons shall partici20 pate in the professional development and other 

21 technical assistance activities provided by the 

22 State Coordinator pursuant to subsection (f)(5). 

23 ‘‘(8) SCHOOL READINESS FOR HOMELESS CHIL24 DREN.—The State educational agency, and the local 

25 educational agencies in the State, shall ensure that 


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1 the programs serving public preschool children com2 ply with the requirements of this subtitle. 

3 ‘‘(h) EMERGENCY DISASTER GRANTS.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall make 

5 emergency disaster grants to eligible local edu6 cational agencies and eligible States described in 

7 paragraph (2), in order to increase the capacity for 

8 such local educational agencies and States to re9 spond to major disasters. 

10 ‘‘(2) ELIGIBILITY; APPLICATION.— 

11 ‘‘(A) ELIGIBILITY.— 

12 ‘‘(i) LOCAL EDUCATIONAL AGENCY

13 ELIGIBILITY.—A local educational agency 

14 shall be eligible to receive an emergency 

15 disaster grant under this subsection, based 

16 on demonstrated need, if such local edu17 cational agency’s enrollment of homeless 

18 children and youth has increased as a re19 sult of a hurricane, flood, or other natural 

20 disaster for which the President declared a 

21 major disaster under title IV of the Robert 

22 T. Stafford Disaster Relief and Emergency 

23 Assistance Act (42 U.S.C. 5170 et seq.). 

24 ‘‘(ii) STATE ELIGIBILITY.—A State, 

25 through the Office of the Coordinator for 


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1 Education of Homeless Children and 

2 Youths in the State educational agency, 

3 shall be eligible to receive an emergency 

4 disaster grant under this subsection if 

5 there are 1 or more eligible local edu6 cational agencies, as described in clause 

7 (i), located within the State. 

8 ‘‘(B) APPLICATION.—In order for an eligi9 ble State or an eligible local educational agency 

10 to receive a grant under this subsection, the 

11 State educational agency, in consultation with 

12 other relevant State agencies, or local edu13 cational agency shall submit an application to 

14 the Secretary at such time, in such manner, 

15 and containing or accompanied by such infor16 mation as the Secretary may reasonably re17 quire. 

18 ‘‘(3) DISTRIBUTION OF GRANTS.—The Sec19 retary shall distribute emergency disaster grant 

20 funds— 

21 ‘‘(A) based on demonstrated need, to State 

22 educational agencies or local educational agen23 cies for local educational agencies whose enroll24 ment of homeless children and youths has in25 creased as a result of a hurricane, flood, or 


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1 other natural disaster for which the President 

2 has declared a major disaster under title IV of 

3 the Robert T. Stafford Disaster Relief and 

4 Emergency Assistance Act (42 U.S.C. 5170 et 

5 seq.); 

6 ‘‘(B) expeditiously, and in no case later 

7 than 75 days after such funds are appropriated 

8 to the Secretary; and 

9 ‘‘(C) in a manner that enables local edu10 cational agencies to use such funds for the im11 mediate needs of disaster response and ongoing 

12 disaster recovery. 

13 ‘‘(4) AMOUNT OF GRANTS.—The Secretary shall 

14 distribute grants under this subsection in amounts 

15 determined by the Secretary and related to the in16 crease in enrollment of homeless children and youths 

17 as a result of such major disaster. 

18 ‘‘(5) USES OF FUNDS.—A local educational 

19 agency or State educational agency that receives an 

20 emergency disaster grant under this subsection shall 

21 use the grant funds to carry out the activities de22 scribed in section 723(d). 

23 ‘‘(6) RESTRICTION.—The Secretary— 

24 ‘‘(A) shall determine the amount (if any) 

25 by which the funds appropriated under section 


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1 727 for fiscal year 2009 exceed $70,000,000; 

2 and 

3 ‘‘(B) may only use funds from that amount 

4 to carry out this subsection. 

5 ‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR 

6 THE EDUCATION OF HOMELESS CHILDREN 

7 AND YOUTH. 

8 ‘‘(a) GENERAL AUTHORITY.— 

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

10 agency shall, in accordance with section 722(e), and 

11 from amounts made available to such agency under 

12 section 727, make subgrants to local educational 

13 agencies for the purpose of facilitating the identifica14 tion, enrollment, attendance, and success in school 

15 of homeless children and youth. 

16 ‘‘(2) SERVICES.— 

17 ‘‘(A) IN GENERAL.—Services under para18 graph (1)— 

19 ‘‘(i) may be provided through pro20 grams on school grounds or at other facili21 ties; and 

22 ‘‘(ii) shall, to the maximum extent 

23 practicable, be provided through existing 

24 programs and mechanisms that integrate 


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1 homeless children and youth with non2 homeless children and youth. 

3 ‘‘(B) SERVICES ON SCHOOL GROUNDS.—If 

4 services under paragraph (1) are provided to 

5 homeless children and youth on school grounds, 

6 the school involved may use funds under this 

7 subtitle to provide the same services to other 

8 children and youth who are determined by the 

9 local educational agency serving the school to be 

10 at risk of failing in, or dropping out of, school. 

11 ‘‘(3) REQUIREMENT.—Services provided under 

12 this section shall not replace the regular academic 

13 program and shall be designed to expand upon or 

14 improve services provided as part of the school’s reg15 ular academic program. 

16 ‘‘(4) DURATION OF GRANTS.—Subgrants 

17 awarded under this section shall be for terms of not 

18 to exceed 3 years. 

19 ‘‘(b) APPLICATION.—A local educational agency that 

20 desires to receive a subgrant under this section shall sub21 mit an application to the State educational agency at such 

22 time, in such manner, and containing or accompanied by 

23 such information as the State educational agency may rea24 sonably require. Such application shall include the fol25 lowing: 


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1 ‘‘(1) An assessment of the educational and re2 lated needs of homeless children and youth in the 

3 area served by the local educational agency (which 

4 may be undertaken as part of a needs assessment 

5 for another disadvantaged group). 

6 ‘‘(2) A description of the services and programs 

7 for which assistance is sought to address the needs 

8 identified in paragraph (1). 

9 ‘‘(3) An assurance that the local educational 

10 agency’s combined fiscal effort per student, or the 

11 aggregate expenditures of that agency and the State 

12 with respect to the provision of free public education 

13 by such agency for the fiscal year preceding the fis14 cal year for which the subgrant determination is 

15 made, was not less than 90 percent of such com16 bined fiscal effort or aggregate expenditures for the 

17 second fiscal year preceding the fiscal year for which 

18 the determination is made. 

19 ‘‘(4) An assurance that the applicant complies 

20 with, or will use requested funds to comply with, 

21 paragraphs (3) through (7) of section 722(g). 

22 ‘‘(5) A description of policies and procedures 

23 that the agency will implement to ensure that activi24 ties carried out by the agency will not isolate or stig25 matize homeless children and youth. 


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1 ‘‘(6) An assurance that the local educational 

2 agency will collect and promptly provide data re3 quested by the State Coordinator pursuant to para4 graphs (1) and (3) of section 722(f). 

5 ‘‘(7) An assurance that the local educational 

6 agency has removed the policies and practices that 

7 have created barriers to the identification, enroll8 ment, attendance, retention, and success in school of 

9 all homeless children and youth. 

10 ‘‘(c) AWARDS.— 

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

12 agency shall, in accordance with the requirements of 

13 this subtitle and from amounts made available to it 

14 under section 722(a), make subgrants on a competi15 tive basis to local educational agencies that submit 

16 applications under subsection (b). Such subgrants 

17 shall be awarded on the basis of the need of such 

18 agencies for assistance under this subtitle and the 

19 quality of the applications submitted. 

20 ‘‘(2) NEED.— 

21 ‘‘(A) IN GENERAL.—In determining need 

22 under paragraph (1), the State educational 

23 agency may consider the number of homeless 

24 children and youth enrolled in preschool, ele25 mentary schools, and secondary schools within 


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1 the area served by the local educational agency, 

2 and shall consider the needs of such children 

3 and youth and the ability of the local edu4 cational agency to meet such needs. 

5 ‘‘(B) OTHER CONSIDERATIONS.—The 

6 State educational agency may also consider the 

7 following: 

8 ‘‘(i) The extent to which the proposed 

9 use of funds will facilitate the identifica10 tion, enrollment, attendance, retention, and 

11 educational success of homeless children 

12 and youth. 

13 ‘‘(ii) The extent to which the applica14 tion reflects coordination with other local 

15 and State agencies that serve homeless 

16 children and youth. 

17 ‘‘(iii) The extent to which the appli18 cant exhibits in the application and in cur19 rent practice (as of the date of submission 

20 of the application) a commitment to edu21 cation for all homeless children and youth. 

22 ‘‘(iv) Such other criteria as the State 

23 agency determines to be appropriate. 


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1 ‘‘(3) QUALITY.—In determining the quality of 

2 applications under paragraph (1), the State edu3 cational agency shall consider each of the following: 

4 ‘‘(A) The applicant’s needs assessment 

5 under subsection (b)(1) and the likelihood that 

6 the program presented in the application will 

7 meet such needs. 

8 ‘‘(B) The types, intensity, and coordination 

9 of services to be provided under the program. 

10 ‘‘(C) The extent to which the applicant will 

11 promote meaningful involvement of parents or 

12 guardians of homeless children or youth in the 

13 education of their children. 

14 ‘‘(D) The extent to which homeless chil15 dren and youth will be integrated into the reg16 ular education program involved. 

17 ‘‘(E) The quality of the applicant’s evalua18 tion plan for the program. 

19 ‘‘(F) The extent to which services provided 

20 under this subtitle will be coordinated with 

21 other services available to homeless children 

22 and youth and their families, including housing 

23 and social services and services provided under 

24 the Individuals with Disabilities Education Act 

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1 tary and Secondary Education Act of 1965 (20 

2 U.S.C. 6301 et seq.), and similar State and 

3 local programs. 

4 ‘‘(G) The extent to which the local edu5 cational agency will use the subgrant to lever6 age resources, including by maximizing 

7 nonsubgrant funding for the position of the liai8 son described in section 722(g)(1)(J)(ii) and 

9 the provision of transportation. 

10 ‘‘(H) The local educational agency’s use of 

11 funds to serve homeless children and youth 

12 under section 1113(c)(3) of the Elementary and 

13 Secondary Education Act of 1965 (20 U.S.C. 

14 6313(c)(3)). 

15 ‘‘(I) The extent to which the applicant’s 

16 program meets such other measures as the 

17 State educational agency considers to be indic18 ative of a high-quality program, including the 

19 extent to which the local educational agency will 

20 provide services to unaccompanied youth and 

21 preschool-aged children. 

22 ‘‘(J) The extent to which the application 

23 describes how the applicant will meet the re24 quirements of section 722(g)(4). 


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1 ‘‘(d) AUTHORIZED ACTIVITIES.—A local educational 

2 agency may use funds awarded under this section for ac3 tivities that carry out the purpose of this subtitle, includ4 ing the following: 

5 ‘‘(1) The provision of tutoring, supplemental in6 struction, and enriched educational services that are 

7 linked to the achievement of the same college and 

8 career ready State academic content standards and 

9 college and career ready State student academic 

10 achievement standards as the State establishes for 

11 other children and youth. 

12 ‘‘(2) The provision of expedited evaluations of 

13 the strengths, needs, and eligibility of homeless chil14 dren and youth, including needs and eligibility for 

15 programs and services (including educational pro16 grams for gifted and talented students, children with 

17 disabilities, and students with limited English pro18 ficiency, charter school programs, magnet school 

19 programs, programs in career and technical edu20 cation, and school nutrition programs). 

21 ‘‘(3) Professional development and other activi22 ties for educators and specialized instructional sup23 port personnel that are designed to heighten the un24 derstanding and sensitivity of such educators and 

25 personnel to the needs of homeless children and 


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1 youth, the rights of such children and youth under 

2 this subtitle, and the specific educational needs of 

3 runaway and homeless youth. 

4 ‘‘(4) The provision of referral services to home5 less children and youth for medical, dental, mental, 

6 and other health services. 

7 ‘‘(5) The provision of assistance to defray the 

8 cost of transportation under paragraphs (1)(J)(iii) 

9 and (5)(A) of section 722(g), not otherwise provided 

10 through Federal, State, or local funding. 

11 ‘‘(6) The provision of developmentally appro12 priate early childhood education programs, not oth13 erwise provided through Federal, State, or local 

14 funding. 

15 ‘‘(7) The provision of services and assistance to 

16 attract, engage, and retain homeless children and 

17 youth, particularly homeless children and youth who 

18 are not enrolled in school, in public school programs 

19 and services provided to nonhomeless children and 

20 youth. 

21 ‘‘(8) The provision for homeless children and 

22 youth of before- and after-school, mentoring, and 

23 summer programs in which a teacher or other quali24 fied individual provides tutoring, homework assist25 ance, and supervision of educational activities. 


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1 ‘‘(9) If necessary, the payment of fees and 

2 other costs associated with tracking, obtaining, and 

3 transferring records necessary to facilitate the ap4 propriate placement of homeless children and youth 

5 in school, including birth certificates, immunization 

6 or other required health records, academic records, 

7 guardianship records, and evaluations for special 

8 programs or services. 

9 ‘‘(10) The provision of education and training 

10 to the parents of homeless children and youth about 

11 the rights of, and resources available to, such chil12 dren and youth, and other activities designed to in13 crease the meaningful involvement of families of 

14 homeless children or youth in the education of their 

15 children. 

16 ‘‘(11) The development of coordination of ac17 tivities between schools and agencies providing serv18 ices to homeless children and youth, as described in 

19 section 722(g)(6). 

20 ‘‘(12) The provision of specialized instructional 

21 support services (including counseling) and referrals 

22 for such services. 

23 ‘‘(13) Activities to address the particular needs 

24 of homeless children and youth that may arise from 


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1 domestic violence and parental mental health or sub2 stance abuse problems. 

3 ‘‘(14) The adaptation of space and purchase of 

4 supplies for any nonschool facilities made available 

5 under subsection (a)(2) to provide services under 

6 this subsection. 

7 ‘‘(15) The provision of school supplies, includ8 ing supplies to be distributed at shelters or tem9 porary housing facilities, or other appropriate loca10 tions. 

11 ‘‘(16) The provision of assistance to defray the 

12 cost of the position of liaison designated pursuant to 

13 section 722(g)(1)(J)(ii), not otherwise provided 

14 through Federal, State, or local funding. 

15 ‘‘(17) The provision of other extraordinary or 

16 emergency assistance needed to enable homeless chil17 dren and youth to enroll, attend, and succeed in 

18 school, including in early childhood education pro19 grams. 

20 ‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES. 

21 ‘‘(a) REVIEW OF STATE PLANS.—In reviewing the 

22 State plan submitted by a State educational agency under 

23 section 722(g), the Secretary shall use a peer review proc24 ess and shall evaluate whether State laws, policies, and 

25 practices described in such plan adequately address the 


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1 problems of all homeless children and youth relating to 

2 access to education and placement as described in such 

3 plan. 

4 ‘‘(b) TECHNICAL ASSISTANCE.—The Secretary 

5 shall— 

6 ‘‘(1) provide support and technical assistance to 

7 State educational agencies to assist such agencies in 

8 carrying out their responsibilities under this subtitle; 

9 and 

10 ‘‘(2) establish or designate a Federal Office of 

11 the Coordinator for Education of Homeless Children 

12 and Youths that has sufficient capacity, resources, 

13 and support to carry out the responsibilities de14 scribed in this subtitle. 

15 ‘‘(c) NOTICE.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall, before 

17 the next school year that begins after the date of en18 actment of the McKinney-Vento Homeless Education 

19 Reauthorization Act of 2013, develop and dissemi20 nate a public notice of the educational rights of 

21 homeless children and youth. The notice shall in22 clude information regarding the definition of home23 less children and youth in section 726. 

24 ‘‘(2) DISSEMINATION.—The Secretary shall dis25 seminate the notice nationally. The Secretary also 


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1 shall disseminate such notice to heads of other De2 partment of Education offices, including those re3 sponsible for special education programs, higher 

4 education, and programs under parts A, B, C, D, G, 

5 and H of title I, title III, title IV, and part B of title 

6 V of the Elementary and Secondary Education Act 

7 of 1965 (20 U.S.C. 6311 et seq., 6361 et seq., 6391 

8 et seq., 6421 et seq., 6531 et seq., 6551 et seq., 

9 6801 et seq., 7102 et seq., and 7221 et seq.). The 

10 Secretary shall also disseminate such notice to heads 

11 of other Federal agencies, and grant recipients and 

12 other entities carrying out federally funded pro13 grams, including Head Start programs, grant recipi14 ents under the Health Care for the Homeless pro15 gram of the Health Resources and Services Adminis16 tration of the Department of Health and Human 

17 Services, grant recipients under the Emergency 

18 Food and Shelter National Board Program of the 

19 Federal Emergency Management Agency, grant re20 cipients under the Runaway and Homeless Youth 

21 Act (42 U.S.C. 5701 et seq.), grant recipients under 

22 the John H. Chafee Foster Care Independence pro23 gram, grant recipients under homeless assistance 

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1 eral funding for programs carried out by the Admin2 istration on Children, Youth and Families of the De3 partment of Health and Human Services. 

4 ‘‘(d) EVALUATION AND DISSEMINATION.—The Sec5 retary shall conduct evaluation, dissemination, and tech6 nical assistance activities for programs that are designed 

7 to meet the educational needs of homeless preschool, ele8 mentary school, and secondary school students, and may 

9 use funds appropriated under section 727 to conduct such 

10 activities. 

11 ‘‘(e) SUBMISSION AND DISTRIBUTION.—The Sec12 retary shall require applications for grants under section 

13 722 to be submitted to the Secretary not later than the 

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

15 that funds are available for purposes of making such 

16 grants and shall make such grants not later than the expi17 ration of the 180-day period beginning on such date. 

18 ‘‘(f) DETERMINATION BY SECRETARY.—The Sec19 retary, based on the information received from the States 

20 and information gathered by the Secretary under sub21 section (h), shall determine the extent to which State edu22 cational agencies are ensuring that each homeless child or 

23 youth has access to a free appropriate public education, 

24 as described in section 721(1). The Secretary shall provide 

25 support and technical assistance to State educational 


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1 agencies in areas in which barriers to a free appropriate 

2 public education persist. 

3 ‘‘(g) PUBLICATION.—The Secretary shall develop, 

4 issue, and publish in the Federal Register, not later than 

5 90 days after the date of enactment of the McKinney6 Vento Homeless Education Reauthorization Act of 2013, 

7 a summary of the changes enacted by that Act and related 

8 strategies, which summary shall include— 

9 ‘‘(1) strategies by which a State can assist local 

10 educational agencies to implement the provisions 

11 amended by the Act; 

12 ‘‘(2) strategies by which a State can review and 

13 revise State policies and procedures that may 

14 present barriers to the identification, enrollment, at15 tendance, and success of homeless children and 

16 youth in school; and 

17 ‘‘(3) strategies by which entities carrying out 

18 preschool programs can implement requirements of 

19 section 722(g)(3). 

20 ‘‘(h) INFORMATION.— 

21 ‘‘(1) IN GENERAL.—From funds appropriated 

22 under section 727, the Secretary shall, directly or 

23 through grants, contracts, or cooperative agree24 ments, periodically but not less frequently than every 


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1 2 years, collect and disseminate publicly data and in2 formation regarding— 

3 ‘‘(A) the number of homeless children and 

4 youth; 

5 ‘‘(B) the education and related support 

6 services such children and youth receive; 

7 ‘‘(C) the extent to which the needs of 

8 homeless children and youth are being met; 

9 ‘‘(D) the academic progress being made by 

10 homeless children and youth, including the per11 cent or number of homeless children and youth 

12 participating in State assessments; and 

13 ‘‘(E) such other data and information as 

14 the Secretary determines to be necessary and 

15 relevant to carry out this subtitle. 

16 ‘‘(2) COORDINATION.—The Secretary shall co17 ordinate such collection and dissemination with 

18 other agencies and entities that receive assistance 

19 and administer programs under this subtitle. 

20 ‘‘(i) REPORT.—Not later than 4 years after the date 

21 of enactment of the McKinney-Vento Homeless Education 

22 Reauthorization Act of 2013, the Secretary shall prepare 

23 and submit to the President and the Committee on Edu24 cation and the Workforce of the House of Representatives 

25 and the Committee on Health, Education, Labor, and 


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1 Pensions of the Senate a report on the status of the provi2 sion of education and related support services to homeless 

3 children and youth, which shall include information on— 

4 ‘‘(1) the education of homeless children and 

5 youth; and 

6 ‘‘(2) the actions of the Secretary and the effec7 tiveness of the programs supported under this sub8 title. 

9 ‘‘SEC. 725. RULE OF CONSTRUCTION. 

10 ‘‘Nothing in this subtitle shall be construed to dimin11 ish the rights of parents or guardians of homeless children 

12 or youth, or unaccompanied youth, otherwise provided 

13 under State law, policy, or practice, including laws or poli14 cies that authorize the best interest determination in sec15 tion 722(g)(3) to be made solely by the parent, guardian, 

16 or youth involved. 

17 ‘‘SEC. 726. DEFINITIONS. 

18 ‘‘In this subtitle: 

19 ‘‘(1) ENROLL; ENROLLMENT.—The terms ‘en20 roll’ and ‘enrollment’ include attending classes and 

21 participating fully in school activities. 

22 ‘‘(2) HOMELESS CHILDREN AND YOUTH.—The 

23 term ‘homeless children and youth’— 


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1 ‘‘(A) means individuals who lack a fixed, 

2 regular, and adequate nighttime residence 

3 (within the meaning of section 103(a)(1)); and 

4 ‘‘(B) includes— 

5 ‘‘(i) children and youth who— 

6 ‘‘(I) are sharing the housing of 

7 other persons due to loss of housing, 

8 economic hardship, or a similar rea9 son; 

10 ‘‘(II) are living in motels, hotels, 

11 trailer parks, or camping grounds due 

12 to the lack of alternative adequate ac13 commodations; 

14 ‘‘(III) are living in emergency or 

15 transitional shelters; and 

16 ‘‘(IV) are abandoned in hospitals; 

17 ‘‘(ii) children and youth who have a 

18 primary nighttime residence that is a pub19 lic or private place not designed for or or20 dinarily used as a regular sleeping accom21 modation for human beings (within the 

22 meaning of section 103(a)(2)(C)); 

23 ‘‘(iii) children and youth who are liv24 ing in cars, parks, public spaces, abanVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01120 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 doned buildings, substandard housing, bus 

2 or train stations, or similar settings; and 

3 ‘‘(iv) migratory children (as such term 

4 is defined in section 1312 of the Elemen5 tary and Secondary Education Act of 

6 1965) who qualify as homeless for the pur7 poses of this subtitle because the children 

8 are living in circumstances described in 

9 clauses (i) through (iii). 

10 ‘‘(3) LOCAL EDUCATIONAL AGENCY; STATE

11 EDUCATIONAL AGENCY.—The terms ‘local edu12 cational agency’ and ‘State educational agency’ have 

13 the meanings given such terms in section 9101 of 

14 the Elementary and Secondary Education Act of 

15 1965 (20 U.S.C. 7801). 

16 ‘‘(4) SCHOOL.—The term ‘school’ includes char17 ter schools, virtual schools, distance learning pro18 grams, and other public education programs admin19 istered by a State or local educational agency. 

20 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

21 the Secretary of Education. 

22 ‘‘(6) STATE.—The term ‘State’ means each of 

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

24 Commonwealth of Puerto Rico. 


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1 ‘‘(7) UNACCOMPANIED YOUTH.—The term ‘un2 accompanied youth’ means a homeless child or youth 

3 not in the physical custody of a parent or legal 

4 guardian. 

5 ‘‘SEC. 727. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘For the purpose of carrying out this subtitle, there 

7 are authorized to be appropriated such sums as may be 

8 necessary for fiscal year 2014 and each of the 6 suc9 ceeding fiscal years.’’. 

10 Subpart 2—Advanced Research Projects Agency11 Education 

12 SEC. 11021. ADVANCED RESEARCH PROJECTS AGENCY-EDU13 CATION. 

14 The Department of Education Organization Act (20 

15 U.S.C. 3401 et seq.) is amended by inserting after section 

16 220 the following new section: 

17 ‘‘SEC. 221. ADVANCED RESEARCH PROJECTS AGENCY-EDU18 CATION. 

19 ‘‘(a) ESTABLISHMENT.—There shall be in the De20 partment an Advanced Research Projects Agency-Edu21 cation (referred to in this section as ‘ARPA-ED’). 

22 ‘‘(b) PURPOSES.—ARPA-ED is established under 

23 this section for the purposes of pursuing breakthrough re24 search and development in educational technology and 


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1 providing the effective use of the technology to improve 

2 achievement for all students, by— 

3 ‘‘(1) identifying and promoting revolutionary 

4 advances in fundamental and applied sciences and 

5 engineering that could be translated into new learn6 ing technologies; 

7 ‘‘(2) developing novel learning technologies, and 

8 the enabling processes and contexts for effective use 

9 of those technologies; 

10 ‘‘(3) developing, testing, and evaluating the im11 pact and efficacy of those technologies; 

12 ‘‘(4) accelerating transformational technological 

13 advances in areas in which the private sector, by 

14 itself, is not likely to accelerate such advances be15 cause of difficulties in implementation or adoption, 

16 or technical and market uncertainty; 

17 ‘‘(5) coordinating activities with nongovern18 mental entities to demonstrate technologies and re19 search applications to facilitate technology transfer; 

20 and 

21 ‘‘(6) encouraging educational research using 

22 new technologies and the data produced by the tech23 nologies. 

24 ‘‘(c) AUTHORITIES OF SECRETARY.—The Secretary 

25 is authorized to— 


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1 ‘‘(1) appoint a Director, who shall be respon2 sible for carrying out the purposes of ARPA-ED, as 

3 described in subsection (b), and such additional 

4 functions as the Secretary may prescribe; 

5 ‘‘(2) establish processes for the development 

6 and execution of projects and the solicitation of enti7 ties to carry out the projects in a manner that is— 

8 ‘‘(A) tailored to the purposes of ARPA-ED 

9 and not constrained by other Department-wide 

10 administrative requirements that could detract 

11 from achieving program results; and 

12 ‘‘(B) designed to heighten transparency, 

13 and public- and private-sector involvement, to 

14 ensure that investments are made in the most 

15 promising areas; 

16 ‘‘(3) award grants, contracts, cooperative agree17 ments, and cash prizes, and enter into other trans18 actions (in accordance with such regulations as the 

19 Secretary may establish regarding other trans20 actions); 

21 ‘‘(4) make appointments of up to 20 scientific, 

22 engineering, professional, and other mission-related 

23 employees, for periods of up to 4 years (which ap24 pointments may not be renewed) without regard to 


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1 the provisions of title 5, United States Code, gov2 erning appointments in the competitive service; 

3 ‘‘(5)(A) prescribe the rates of basic pay for the 

4 personnel described in paragraph (4) at rates not in 

5 excess of the maximum rate of basic pay authorized 

6 for senior-level positions under section 5376 of title 

7 5, United States Code, notwithstanding any provi8 sion of that title governing the rates of basic pay or 

9 classification of employees in the executive branch, 

10 but those personnel shall not receive any payment 

11 for service (such as an award, premium payment, in12 centive payment or bonus, allowance, or other simi13 lar payment) under any other provision of that title; 

14 and 

15 ‘‘(B) pay any employee appointed pursuant to 

16 paragraph (4) payments in addition to that basic 

17 pay, except that the total amount of those payments 

18 for any calendar year shall not exceed the lesser 

19 of— 

20 ‘‘(i) $25,000; or 

21 ‘‘(ii) the difference between the employee’s 

22 annual rate of basic pay under paragraph (4) 

23 and the annual rate for level I of the Executive 

24 Schedule under section 5312 of title 5, United 

25 States Code, based on the rates in effect at the 


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1 end of the applicable calendar year (or, if the 

2 employee separated during that year, on the 

3 date of separation); 

4 ‘‘(6) obtain independent, periodic, rigorous eval5 uations, as appropriate, of— 

6 ‘‘(A) the effectiveness of the processes 

7 ARPA-ED is using to achieve its purposes; and 

8 ‘‘(B) the effectiveness of individual projects 

9 assisted by ARPA-ED, using evidence stand10 ards developed in consultation with the Insti11 tute of Education Sciences, and the suitability 

12 of ongoing projects assisted by ARPA-ED for 

13 further investment or increased scale; and 

14 ‘‘(7) disseminate, through the comprehensive 

15 centers established under section 203 of the Edu16 cational Technical Assistance Act of 2002 (20 

17 U.S.C. 9602), the regional educational laboratories 

18 system established under section 174 of the Edu19 cation Sciences Reform Act of 2002 (20 U.S.C. 

20 9564), or such other means as the Secretary deter21 mines to be appropriate, information on effective 

22 practices and technologies developed with ARPA-ED 

23 support. 


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1 ‘‘(d) EVALUATION FUNDS.—The Secretary may use 

2 funds made available for ARPA-ED to pay the cost of the 

3 evaluations under subsection (c)(6). 

4 ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT.—Not5 withstanding any other provision of law, any advisory com6 mittee convened by the Secretary to provide advice with 

7 respect to this section shall be exempt from the require8 ments of the Federal Advisory Committee Act (5 U.S.C. 

9 App.) and the definition of ‘employee’ in section 2105 of 

10 title 5, United States Code, shall not be considered to in11 clude any appointee to such a committee. 

12 ‘‘(f) NONDUPLICATION.—To the maximum extent 

13 practicable, the Secretary shall ensure that grants, con14 tracts, cooperative agreements, cash prizes, or other as15 sistance or arrangements awarded or entered into pursu16 ant to this section that are designed to carry out the pur17 poses of ARPA-ED do not duplicate activities under pro18 grams carried out under Federal law other than this sec19 tion by the Department or other Federal agencies.’’. 

20 PART B—MISCELLANEOUS PROVISIONS 

21 SEC. 11211. TECHNICAL AND CONFORMING AMENDMENTS. 

22 (a) HIGHER EDUCATION ACT OF 1965.—The Higher 

23 Education Act of 1965 (20 U.S.C. 1001 et seq.) is amend24 ed as follows: 


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1 (1) Section 103(24)(B) (20 U.S.C. 

2 1003(24)(B)) is amended by striking ‘‘students who 

3 are limited English proficient’’ and inserting 

4 ‘‘English learners’’. 

5 (2) Section 200 (20 U.S.C. 1021) is amended— 

6 (A) in paragraph (6)(B)(x) by striking 

7 ‘‘section 5210’’ and inserting ‘‘section 5411’’; 

8 (B) by striking paragraph (8); 

9 (C) by redesignating paragraphs (9) 

10 through (23) as paragraphs (8) through (22), 

11 respectively; 

12 (D) by striking paragraph (12), as redesig13 nated by subparagraph (C), and inserting the 

14 following: 

15 ‘‘(12) HIGHLY QUALIFIED TEACHER.—The 

16 term ‘highly qualified teacher’ has the meaning 

17 given such term in section 9101 of the Elementary 

18 and Secondary Education Act of 1965.’’; 

19 (E) by striking paragraph (14), as redesig20 nated by subparagraph (C), and inserting the 

21 following: 

22 ‘‘(14) ENGLISH LEARNER.—The term ‘English 

23 learner’ has the meaning given the term in section 

24 9101 of the Elementary and Secondary Education 

25 Act of 1965.’’; 


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1 (F) in paragraph (16)(B)(ii), as redesig2 nated by subparagraph (C), by striking ‘‘to be3 come highly qualified’’ and inserting ‘‘to become 

4 a highly qualified teacher’’; 

5 (G) in paragraph (21)(D)(i), as redesig6 nated by subparagraph (C), by striking ‘‘be7 comes highly qualified’’ and inserting ‘‘becomes 

8 a highly qualified teacher’’; and 

9 (H) in paragraph (22)(D)(iii), as redesig10 nated by subparagraph (C), by striking ‘‘stu11 dents who are limited English proficient’’ and 

12 inserting ‘‘English learners’’. 

13 (3) Section 202 (20 U.S.C. 1022a) is amend14 ed— 

15 (A) in subsection (b)(6)— 

16 (i) in subparagraph (E)(ii), by strik17 ing ‘‘student academic achievement stand18 ards and academic content standards 

19 under section 1111(b)(1)’’ and inserting 

20 ‘‘college and career ready State academic 

21 content standards and student academic 

22 achievement standards under section 

23 1111(a)(1)’’; and 

24 (ii) in subparagraph (G), by striking 

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1 ficient’’ and inserting ‘‘English learners’’; 

2 and 

3 (B) in subsection (d)— 

4 (i) in paragraph (1)— 

5 (I) in subparagraph (A)(i)(I)— 

6 (aa) by inserting ‘‘teachers’’ 

7 after ‘‘highly qualified’’; and 

8 (bb) by striking ‘‘students 

9 who are limited English pro10 ficient’’ and inserting ‘‘English 

11 learners’’; and 

12 (II) in subparagraph (B)— 

13 (aa) in clause (ii)(IV)(aa), 

14 by striking ‘‘students who are 

15 limited English proficient’’ and 

16 inserting ‘‘English learners’’; and 

17 (bb) in clause (iii), by insert18 ing ‘‘teachers’’ after ‘‘highly 

19 qualified’’; and 

20 (ii) in paragraph (5)(B), by striking 

21 ‘‘limited English proficient students’’ and 

22 inserting ‘‘English learners’’. 

23 (4) Section 204(a)(4)(D) (20 U.S.C. 

24 1022c(a)(4)(D)) is amended by striking ‘‘limited 


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1 English proficient students’’ and inserting ‘‘English 

2 learners’’. 

3 (5) Section 205 (20 U.S.C. 1022d) is amend4 ed— 

5 (A) in subsection (a)(1)(G), by striking 

6 ‘‘students who are limited English proficient’’ 

7 and inserting ‘‘English learners’’; and 

8 (B) in subsection (b)(1)— 

9 (i) in subparagraph (C), by striking 

10 ‘‘State’s challenging academic content 

11 standards required under section 

12 1111(b)(1)’’ and inserting ‘‘college and ca13 reer ready State academic content stand14 ards required under section 1111(a)(1)’’; 

15 and 

16 (ii) in subparagraph (L), by striking 

17 ‘‘students who are limited English pro18 ficient’’ and inserting ‘‘English learners’’. 

19 (6) Section 206 (20 U.S.C. 1022e) is amend20 ed— 

21 (A) in subsection (a), by striking ‘‘limited 

22 English proficient students’’ and inserting 

23 ‘‘English learners’’; and 


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1 (B) in subsection (b)(4), by striking ‘‘lim2 ited English proficient students’’ and inserting 

3 ‘‘English learners’’. 

4 (7) Section 208(b) (20 U.S.C. 1022g(b)) is 

5 amended— 

6 (A) by inserting ‘‘teachers’’ after ‘‘are 

7 highly qualified’’; and 

8 (B) by striking ‘‘is highly qualified’’ and 

9 inserting ‘‘is a highly qualified teacher’’. 

10 (8) Section 242(b) (20 U.S.C. 1033a(b)) is 

11 amended— 

12 (A) in the matter preceding paragraph (1), 

13 by inserting ‘‘teachers’’ after ‘‘highly qualified’’; 

14 and 

15 (B) in paragraph (1), by inserting ‘‘teach16 ers’’ after ‘‘highly qualified’’. 

17 (9) Section 251(b)(1)(A)(iii) (20 U.S.C. 

18 1034(b)(1)(A)(iii)) is amended by inserting ‘‘teach19 ers’’ after ‘‘highly qualified’’. 

20 (10) Section 255(k) (20 U.S.C. 1035(k)) is 

21 amended— 

22 (A) in paragraph (1), by striking ‘‘section 

23 9101(23)(B)(ii)’’ and inserting ‘‘section 

24 9101(32)(A)(ii)(II)’’; and 


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1 (B) in paragraph (3), by striking ‘‘section 

2 9101(23)’’ and inserting ‘‘section 9101(32)’’. 

3 (11) Section 258(d) (20 U.S.C. 1036(d)) is 

4 amended— 

5 (A) in paragraph (1)— 

6 (i) by striking ‘‘limited English pro7 ficient students’’ and inserting ‘‘English 

8 learners’’; and 

9 (ii) by inserting ‘‘teachers who will 

10 be’’ after ‘‘highly qualified’’; and 

11 (B) in paragraph (2)(C), by striking ‘‘lim12 ited English proficient students’’ and inserting 

13 ‘‘English learners’’. 

14 (12) Section 402B(c)(7) (20 U.S.C. 1070a– 

15 12(c)(7)) is amended by striking ‘‘students who are 

16 limited English proficient’’ and inserting ‘‘English 

17 learners’’. 

18 (13) Section 402C(d)(7) (20 U.S.C. 1070a– 

19 13(d)(7)) is amended by striking ‘‘students who are 

20 limited English proficient’’ and inserting ‘‘English 

21 learners’’. 

22 (14) Section 402D (20 U.S.C. 1070a–14) is 

23 amended— 


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1 (A) in subsection (a)(3), by striking ‘‘stu2 dents who are limited English proficient’’ and 

3 inserting ‘‘English learners’’; and 

4 (B) in subsection (c)(6), by striking ‘‘stu5 dents who are limited English proficient’’ and 

6 inserting ‘‘English learners’’. 

7 (15) Section 402F(b)(11) (20 U.S.C. 1070a– 

8 16(b)(11)) is amended by striking ‘‘students who are 

9 limited English proficient’’ and inserting ‘‘English 

10 learners’’. 

11 (16) Section 404D (20 U.S.C. 1070a–24) is 

12 amended— 

13 (A) in subsection (b)(10)(K), by striking 

14 ‘‘students who are limited English proficient’’ 

15 and inserting ‘‘English learners’’; and 

16 (B) in subsection (c)(6)(B)(ii), by striking 

17 ‘‘students who are limited English proficient’’ 

18 and inserting ‘‘English learners’’. 

19 (17) Section 428J(b)(1)(B) (20 U.S.C. 1078– 

20 10(b)(1)(B)) is amended by striking ‘‘is highly quali21 fied’’ and inserting ‘‘is a highly qualified teacher’’. 

22 (18) Section 428K(b)(5) (20 U.S.C. 1078– 

23 11(b)(5)) is amended— 


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1 (A) in the heading, by striking ‘‘STUDENTS

2 WHO ARE LIMITED ENGLISH PROFICIENT’’ and 

3 inserting ‘‘ENGLISH LEARNERS’’; 

4 (B) in subparagraph (A), by striking ‘‘is 

5 highly qualified’’ and inserting ‘‘is a highly 

6 qualified teacher’’; and 

7 (C) in subparagraph (B)(i), by striking 

8 ‘‘students who are limited English proficient’’ 

9 and inserting ‘‘English learners’’. 

10 (19) Section 460(b)(1)(B) (20 U.S.C. 

11 1087j(b)(1)(B)) is amended by striking ‘‘is highly 

12 qualified’’ and inserting ‘‘is a highly qualified teach13 er’’. 

14 (20) Section 741(a)(10) (20 U.S.C. 

15 1138(a)(10)) is amended by striking ‘‘limited 

16 English proficient students’’ and inserting ‘‘English 

17 learners’’ each place the term appears. 

18 (21) Section 806(a)(2) (20 U.S.C. 1161f(a)(2)) 

19 is amended to read as follows: 

20 ‘‘(2) HIGHLY QUALIFIED TEACHER.—The term 

21 ‘highly qualified teacher’ has the meaning given the 

22 term in section 9101 of the Elementary and Sec23 ondary Education Act of 1965.’’. 


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1 (b) INDIVIDUALS WITH DISABILITIES EDUCATION

2 ACT.—The Individuals with Disabilities Education Act 

3 (20 U.S.C. 1400 et seq.) is amended as follows: 

4 (1) Section 602 (20 U.S.C. 1401) is amended— 

5 (A) in paragraph (10)— 

6 (i) in subparagraph (A)— 

7 (I) in the matter preceding clause 

8 (i), by striking ‘‘has the meaning 

9 given the term in section 9101’’ and 

10 inserting ‘‘means that the teacher is a 

11 highly qualified teacher in accordance 

12 with subparagraphs (A) and (B) of 

13 section 9101(32)’’; and 

14 (II) in clause (ii), by striking 

15 ‘‘requirements of section 9101’’ and 

16 inserting ‘‘requirements for a highly 

17 qualified teacher as defined in section 

18 9101(32)(A)’’; 

19 (ii) in subparagraph (C)— 

20 (I) in the matter preceding clause 

21 (i), by striking ‘‘section 1111(b)(1)’’ 

22 and inserting ‘‘section 1111(a)(1)’’; 

23 (II) clause (i), by striking ‘‘re24 quirements of section 9101’’ and in25 serting ‘‘requirements for a highly 


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1 qualified teacher, as defined in section 

2 9101’’; and 

3 (III) in clause (ii), by striking 

4 ‘‘subparagraph (B) or (C) of section 

5 9101(23)’’ and inserting ‘‘clause (ii) 

6 or (iii) of section 9101(32)(A)’’; 

7 (iii) in subparagraph (D)— 

8 (I) in clause (i), by striking ‘‘ap9 plicable requirements of section 9101’’ 

10 and inserting ‘‘applicable require11 ments to be a highly qualified teacher 

12 as defined in section 9101’’; and 

13 (II) in each of clauses (ii) and 

14 (iii), by striking ‘‘section 

15 9101(23)(C)(ii)’’ and inserting ‘‘sec16 tion 9101(32)(A)(iii)(II)’’; and 

17 (iv) in subparagraph (F), by striking 

18 ‘‘highly qualified for purposes of’’ and in19 serting ‘‘to be a highly qualified teacher 

20 for purposes of’’; and 

21 (B) in paragraph (18), by striking ‘‘has 

22 the meaning given the term in section 9101 of 

23 the Elementary and Secondary Education Act 

24 of 1965’’ and inserting ‘‘when used in reference 

25 to an individual, means an individual who meets 


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1 the requirements described in subparagraphs 

2 (C) and (D) of section 9101(23) of the Elemen3 tary and Secondary Education Act of 1965’’. 

4 (2) Section 611(e)(2)(C) (20 U.S.C. 

5 1411(e)(2)(C)) is amended— 

6 (A) in clause (x), by striking ‘‘sections 

7 1111(b) and 6111’’ and inserting ‘‘sections 

8 1111 and 1131’’; and 

9 (B) in clause (xi)— 

10 (i) by striking ‘‘, including supple11 mental educational services as defined in 

12 1116(e) of the Elementary and Secondary 

13 Education Act of 1965’’; and 

14 (ii) by striking ‘‘objectives established 

15 by the State under section 1111(b)(2)(G)’’ 

16 and inserting ‘‘targets established by the 

17 State under section 1111(a)(3)(C) of’’. 

18 (3) Section 612(a) (20 U.S.C. 1412(a))— 

19 (A) in paragraph (15)— 

20 (i) by striking clause (ii) of subpara21 graph (A); 

22 (ii) by redesignating clauses (iii) and 

23 (iv) of subparagraph (A) as clauses (ii) 

24 and (iii), respectively; 


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1 (iii) in subparagraph (B), by striking 

2 ‘‘, including measurable annual objectives 

3 for progress by children with disabilities 

4 under section 1111(b)(2)(C)(v)(II)(cc) of 

5 the Elementary and Secondary Education 

6 Act of 1965’’; and 

7 (iv) in subparagraph (C), by striking 

8 ‘‘section 1111(h)’’ and inserting ‘‘section 

9 1111(e)’’; 

10 (B) in paragraph (16)(C)(ii)(II), by strik11 ing ‘‘section 1111(b)(1)’’ and inserting ‘‘section 

12 1111(a)’’; 

13 (4) Section 654(a)(1)(B) (20 U.S.C. 

14 1454(a)(1)(B)) is amended by striking ‘‘challenging 

15 State student academic achievement and functional 

16 standards and with the requirements for professional 

17 development, as defined in section 9101’’ and insert18 ing ‘‘college and career ready State academic 

19 achievement and functional standards and with the 

20 requirements for professional development, as de21 fined in section 9101’’. 

22 (5) Section 663(b)(2) (20 U.S.C. 1463(b)(2)) is 

23 amended by striking ‘‘for assessing adequate yearly 

24 progress, as described under section 1111(b)(2)(B)’’ 

25 and inserting ‘‘as described in section 1111(a)(2)’’. 


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1 (c) CARL D. PERKINS CAREER AND TECHNICAL

2 EDUCATION ACT OF 2006.—The Carl D. Perkins Career 

3 and Technical Education Act of 2006 (20 U.S.C. 2301 

4 et seq.) is amended as follows: 

5 (1) Section 3(8) (20 U.S.C. 2302(8)) is amend6 ed by striking ‘‘section 5210’’ and inserting ‘‘section 

7 5411’’. 

8 (2) Section 8(e) (20 U.S.C. 2306a(e)) is 

9 amended by striking ‘‘section 1111(b)(1)(D)’’ and 

10 inserting section ‘‘1111(a)(1)’’. 

11 (3) Section 113 (20 U.S.C. 2323) is amended— 

12 (A) in subsection (b)— 

13 (i) in paragraph (2)(A)— 

14 (I) in clause (i), by striking 

15 ‘‘challenging academic content stand16 ards and student academic achieve17 ment standards, as adopted by a 

18 State in accordance with section 

19 1111(b)(1) of the Elementary and 

20 Secondary Education Act of 1965 and 

21 measured by the State determined 

22 proficient levels on the academic as23 sessments described in section 

24 1111(b)(3) of such Act’’ and inserting 

25 ‘‘college and career ready State acaVerDate Mar 15 2010 19:35 Jun 05, 2013 Jkt 029200 PO 00000 Frm 01140 Fmt 6652 Sfmt 6201 E:\BILLS\S1094.IS S1094

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1 demic content and student academic 

2 achievement standards, as adopted by 

3 a State in accordance with section 

4 1111(a)(1) of the Elementary and 

5 Secondary Education Act of 1965 and 

6 measured by the State-determined 

7 proficient levels on the academic as8 sessments described in section 

9 1111(a)(2) of such Act’’; and 

10 (II) in clause (iv), by striking 

11 ‘‘Student graduation rates (as de12 scribed in section 1111(b)(2)(C)(vi) of 

13 the Elementary and Secondary Edu14 cation Act of 1965)’’ and inserting 

15 ‘‘Student graduation rates (as de16 scribed in section 9101 of the Elemen17 tary and Secondary Education Act of 

18 1965)’’; and 

19 (ii) in paragraph (4)(C)(ii)(I), by 

20 striking ‘‘categories of students described 

21 in section 1111(h)(1)(C)(i)’’ and inserting 

22 ‘‘categories of students described in section 

23 1111(a)(2)(B)(x)’’; and 

24 (B) in subsection (c)(2)(A), by striking 

25 ‘‘categories of students described in section 


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1 1111(h)(1)(C)(i)’’ and inserting ‘‘categories of 

2 students described in section 

3 1111(a)(2)(B)(x)’’. 

4 (4) Section 114(d)(4)(A)(iii)(I)(aa) (20 U.S.C. 

5 2324(d)(4)(A)(iii)(I)(aa)) is amended by striking 

6 ‘‘academic content standards and student academic 

7 achievement standards, as adopted by States under 

8 section 1111(b)(1)’’ and inserting ‘‘college and ca9 reer ready State academic content and student aca10 demic achievement standards, as adopted by a State 

11 in accordance with section 1111(a)(1)’’. 

12 (5) Section 122(c)(1)(I)(i) (20 U.S.C. 

13 2342(c)(1)(I)(i)) is amended by striking ‘‘rigorous 

14 and challenging academic content standards and stu15 dent academic achievement standards adopted by the 

16 State under section 1111(b)(1)’’ and inserting ‘‘col17 lege and career ready State academic content and 

18 student academic achievement standards, as adopted 

19 by a State in accordance with section 1111(a)(1)’’. 

20 (d) NATIONAL AND COMMUNITY SERVICE ACT OF

21 1990.—The National and Community Service Act of 1990 

22 (42 U.S.C. 12501 et seq.) is amended as follows: 

23 (1) Section 112(a)(1)(F) (42 U.S.C. 

24 12523(a)(1)(F)) is amended by striking ‘‘attention 

25 to schools not making adequate yearly progress for 


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1 two or more consecutive years under section 1111 of 

2 the Elementary and Secondary Education Act of 

3 1965 (20 U.S.C. 6301 et seq.)’’ and inserting ‘‘at4 tention to schools that are identified as focus schools 

5 or priority schools under subsection (c) or (d) of sec6 tion 1116 of the Elementary and Secondary Edu7 cation Act of 1965 (20 U.S.C. 6316)’’. 

8 (2) Section 119(a)(2)(A)(ii)(II) (42 U.S.C. 

9 12563(a)(2)(A)(ii)(II)) is amended by striking ‘‘the 

10 graduation rate (as defined in section 

11 1111(b)(2)(C)(vi)’’ and inserting ‘‘the graduation 

12 rates (as defined in section 9101’’. 

13 (3) Section 120(a)(2)(C) (42 U.S.C. 

14 12565(a)(2)(C)) is amended by striking ‘‘improved 

15 graduation rates, as defined in section 

16 1111(b)(2)(C)(vi)’’ and inserting ‘‘improved gradua17 tion rates, as defined in section 9101’’. 

18 (4) Section 122 (42 U.S.C. 12572) is amend19 ed— 

20 (A) in subsection (a)(1)(C)(iii), by striking 

21 ‘‘secondary school graduation rates as defined 

22 in section 1111(b)(2)(C)(vi)’’ and inserting 

23 ‘‘secondary school graduation rates as defined 

24 in section 9101’’; and 


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1 (B) in subsection (i)(1), by inserting ‘‘col2 lege and career ready’’ after ‘‘State’’. 

3 (e) TITLE VI OF THE AMERICA COMPETES ACT.— 

4 The America COMPETES Act (Public Law 110–69) is 

5 amended as follows: 

6 (1) Section 6112 (20 U.S.C. 9812) is amend7 ed— 

8 (A) in paragraph (3)(B)(i), by inserting 

9 ‘‘teachers’’ after ‘‘highly qualified’’; and 

10 (B) by striking paragraph (4) and insert11 ing the following: 

12 ‘‘(4) HIGHLY QUALIFIED TEACHER.—The term 

13 ‘highly qualified teacher’ has the meaning given such 

14 term in section 9101 of the Elementary and Sec15 ondary Education Act of 1965 (20 U.S.C. 7801).’’. 

16 (2) Section 6113(d)(2)(G)(i) (20 U.S.C. 

17 9813(d)(2)(G)(i)) is amended— 

18 (A) by inserting ‘‘teachers of’’ after ‘‘high19 ly qualified’’; and 

20 (B) by striking ‘‘teachers’’ after ‘‘foreign 

21 language’’. 

22 (3) Section 6114(b)(3) (20 U.S.C. 9814(b)(3)) 

23 is amended— 

24 (A) by inserting ‘‘teachers of’’ after ‘‘high25 ly qualified’’; and 


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1 (B) by striking ‘‘teachers’’ after ‘‘foreign 

2 language’’. 

3 (4) Section 6122 (20 U.S.C. 9832) is amend4 ed— 

5 (A) in paragraph (3), by striking ‘‘has the 

6 meaning given the term ‘low-income individual’ 

7 in section 1707(3) of the Elementary and Sec8 ondary Education Act of 1965 (20 U.S.C. 

9 6537(3))’’ and inserting ‘‘means a student who 

10 is from a low-income family, as defined in sec11 tion 9101(36)(B) of the Elementary and Sec12 ondary Education Act of 1965 (20 U.S.C. 

13 7801(36)(B))’’; 

14 (B) in paragraph (4), by striking ‘‘has the 

15 meaning’’ and all that follows through the pe16 riod and inserting ‘‘, used with respect to a 

17 school, means a school that serves a student 

18 population 40 percent or more of whom are 

19 low-income students.’’; and 

20 (C) in paragraph (5), by striking ‘‘means 

21 a local educational agency or educational service 

22 agency described in 6112(3)(A)’’ and inserting 

23 ‘‘means a high-need local educational agency, as 

24 defined under section 9101 of the Elementary 


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1 and Secondary Education Act of 1965 (20 

2 U.S.C. 7801)’’. 

3 (5) Section 6123(j)(2)(B) (20 U.S.C. 

4 9833(j)(2)(B)) is amended by striking 

5 ‘‘disaggregated under section 1111(h)(1)(C)(i)’’ and 

6 inserting ‘‘disaggregated under section 

7 1111(a)(2)(B)(x)’’. 

8 (6) Section 6201(e)(2)(D)(ii)(I) (20 U.S.C. 

9 9871(e)(2)(D)(ii)(I)) is amended by striking ‘‘as10 sessments under section 1111(b)’’ and inserting ‘‘as11 sessments under section 1111(a)’’. 

12 (f) THE EDUCATION OF THE DEAF ACT OF 1986.— 

13 Section 104(b)(5) of the Education of the Deaf Act of 

14 1986 (20 U.S.C. 4304(b)(5)) is amended— 

15 (1) in subparagraph (A)— 

16 (A) in clause (i), by striking ‘‘challenging 

17 academic content standards, challenging stu18 dent academic achievement standards, and aca19 demic assessments of a State, adopted and im20 plemented, as appropriate, pursuant to para21 graphs (1) and (3) of section 1111(b)’’ and in22 serting ‘‘college and career ready State aca23 demic content and student academic achieve24 ment standards and assessments of a State, 


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1 adopted and implemented, as appropriate, pur2 suant to section 1111(a)’’; and 

3 (B) in clause (ii), by adding ‘‘and’’ after 

4 the semicolon; 

5 (2) by striking subparagraph (B); 

6 (3) by redesignating subparagraph (C) as sub7 paragraph (B); and 

8 (4) in subparagraph (B), as redesignated by 

9 paragraph (3), by striking ‘‘, and whether the pro10 grams at the Clerc Center are making adequate 

11 yearly progress, as determined under subparagraph 

12 (B)’’. 

13 (g) THE EDUCATION SCIENCES REFORM ACT OF

14 2002.—The Education Sciences Reform Act of 2002 (20 

15 U.S.C. 9501 et seq.) is amended as follows: 

16 (1) Section 153(a)(1)(F)(ii) (20 U.S.C. 

17 9543(a)(1)(F)(ii)) is amended by striking ‘‘the per18 centage of teachers who are highly qualified’’ and in19 serting ‘‘the percentage of teachers who are highly 

20 qualified teachers’’. 

21 (2) Section 177(a)(5) (20 U.S.C. 9567b(a)(5)) 

22 is amended by striking ‘‘section 1111(b)’’ and in23 serting ‘‘section 1111(a)’’. 


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1 (h) THE EDUCATIONAL TECHNICAL ASSISTANCE

2 ACT OF 2002.—Section 203 of the Educational Technical 

3 Assistance Act of 2002 (20 U.S.C. 9602) is amended— 

4 (1) in subsection (a)(2)(B), by striking ‘‘schools 

5 identified for school improvement (as described in 

6 section 1116(b) of the Elementary and Secondary 

7 Education Act of 1965 (20 U.S.C. 6316(b))’’ and 

8 inserting ‘‘schools identified as priority schools (as 

9 described in section 1116(d) of the Elementary and 

10 Secondary Education Act of 1965 (20 U.S.C. 

11 6316(c)(2)))’’; 

12 (2) in subsection (e), by striking paragraph (3) 

13 and inserting the following: 

14 ‘‘(3) schools in the region identified by the 

15 State’s accountability system under section 1116 of 

16 the Elementary and Secondary Education Act of 

17 1965 (20 U.S.C. 6316).’’; and 

18 (3) in subsection (f)(1)(B), by striking 

19 ‘‘1116(b) of the Elementary and Secondary Edu20 cation Act of 1965 (20 U.S.C. 6316(b))’’ and insert21 ing ‘‘1116 of the Elementary and Secondary Edu22 cation Act of 1965 (20 U.S.C. 6316)’’. 

23 (i) NATIONAL SCIENCE FOUNDATION AUTHORIZA24 TION ACT OF 2002.—Section 9 of the National Science 


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1 Foundation Authorization Act of 2002 (42 U.S.C. 1862n) 

2 is amended— 

3 (1) in subsection (a)(10)(A)(iii)(I), by striking 

4 ‘‘are considered highly qualified’’ and inserting ‘‘are 

5 considered highly qualified teachers’’; and 

6 (2) in subsection (b)(3)(A), by striking ‘‘or a 

7 high-need local educational agency in which at least 

8 one school does not make adequate yearly progress, 

9 as determined pursuant to part A of title I of the 

10 Elementary and Secondary Education Act of 1965 

11 (20 U.S.C. 6311 et seq.)’’. 

12 (j) RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH

13 ACT.—Section 9 of the Richard B. Russell National 

14 School Lunch Act (42 U.S.C. 1758) is amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (5)(D), by striking ‘‘sec17 tion 1309’’ and inserting ‘‘section 1312’’; and 

18 (B) in paragraph (12)(A)(vi), by striking 

19 ‘‘section 1309’’ and inserting ‘‘section 1312’’; 

20 and 

21 (2) in subsection (d)(2)(E), by striking ‘‘section 

22 1309’’ and inserting ‘‘section 1312’’. 

23 (k) AMERICA COMPETES REAUTHORIZATION ACT

24 OF 2010.—Section 553(d)(6) of the America COMPETES 

25 Reauthorization Act of 2010 (20 U.S.C. 9903(d)(6)) is 


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1 amended by striking ‘‘the requirements under section 

2 9101(23) of the Elementary and Secondary Education Act 

3 of 1965 (20 U.S.C. 7801(23)) for highly qualified teach4 ers’’ and inserting ‘‘the requirements for a highly qualified 

5 teacher as defined in section 9101 of the Elementary and 

6 Secondary Education Act of 1965’’. 

7 (l) VIOLENCE AGAINST WOMEN ACT OF 1994.—Sec8 tion 41403(6)(B)(iii) of the Violence Against Women Act 

9 of 1994 (42 U.S.C. 14043e–2(6)(B)(iii)) is amended by 

10 striking ‘‘section 1309’’ and inserting ‘‘section 1312’’. 

Æ 


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