II 

113TH CONGRESS 

1ST SESSION S. 1101 

To amend the Elementary and Secondary Education Act of 1965 to ensure 

that every child is ready for college or a career. 

IN THE SENATE OF THE UNITED STATES 

JUNE 6, 2013 

Mr. ALEXANDER (for himself, Mr. BURR, Mr. ISAKSON, Mr. HATCH, Mr. 

ROBERTS, Mr. KIRK, and Mr. ENZI) 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 to ensure that every child is ready for college 

or a career. 

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 ‘‘Every Child Ready 

5 for College or Career 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. 


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Sec. 4. Statement of purpose. 

Sec. 5. Table of contents of the Elementary and Secondary Education Act of 

1965. 

TITLE I—IMPROVING BASIC PROGRAMS OPERATED BY STATE 

AND LOCAL EDUCATIONAL AGENCIES 

Sec. 101. Statement of purpose. 

Sec. 102. Authorization of appropriations. 

Sec. 103. School improvement and State administration. 

Sec. 104. Basic program requirements. 

Sec. 105. Participation of children enrolled in private schools. 

Sec. 106. Title I funds follow the low-income child State option. 

Sec. 107. Academic assessments. 

Sec. 108. Evaluations. 

Sec. 109. Demonstrations of innovative practices. 

Sec. 110. General provisions. 

Sec. 111. National assessment of educational progress. 

TITLE II—HIGH-QUALITY TEACHERS AND PRINCIPALS 

Sec. 201. High-quality teachers and principals. 

TITLE III—SAFE AND HEALTHY STUDENTS 

Sec. 301. General provisions. 

TITLE IV—EMPOWERING PARENTS THROUGH QUALITY CHARTER 

SCHOOLS 

Sec. 401. Purpose. 

Sec. 402. Program authorized. 

Sec. 403. Grants to support high-quality charter schools. 

Sec. 404. Facilities financing assistance. 

Sec. 405. National activities. 

Sec. 406. Records transfer. 

Sec. 407. Definitions. 

Sec. 408. Authorization of appropriations. 

Sec. 409. General provisions. 

TITLE V—STATE INNOVATION AND FLEXIBILITY 

Sec. 501. Purposes. 

Sec. 502. Transferability of funds. 

Sec. 503. Waivers of statutory and regulatory requirements. 

Sec. 504. Maintenance of effort. 

Sec. 505. Plan approval process. 

TITLE VI—EXTENSIONS OF AUTHORIZATIONS 

Sec. 601. English learners and immigrant students. 

Sec. 602. Magnet school assistance. 

Sec. 603. Rural education achievement program. 

Sec. 604. Indian, Native Hawaiian, and Alaska Native Education. 

Sec. 605. Impact aid. 

Sec. 606. McKinney-Vento Homeless Assistance. 


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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. STATEMENT OF PURPOSE. 

9 The purpose of this Act is to restore freedom to par10 ents, teachers, principals, Governors, and local commu11 nities so that they can improve their local public schools. 

12 SEC. 5. TABLE OF CONTENTS OF THE ELEMENTARY AND 

13 SECONDARY EDUCATION ACT OF 1965. 

14 Section 2 is amended to read as follows: 

15 ‘‘SEC. 2. TABLE OF CONTENTS. 

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

‘‘Sec. 1. Short title. 

‘‘Sec. 2. Table of contents. 

‘‘TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 

DISADVANTAGED 

‘‘Sec. 1001. Statement of purpose. 

‘‘Sec. 1002. Authorization of appropriations. 

‘‘Sec. 1003. State administration. 

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

AGENCIES

‘‘SUBPART 1—BASIC PROGRAM REQUIREMENTS

‘‘Sec. 1111. State plans. 

‘‘Sec. 1112. Local educational agency plans. 

‘‘Sec. 1113. Eligible school attendance areas; schoolwide programs; targeted assistance programs. 

‘‘Sec. 1114. School identification and assistance. 

‘‘Sec. 1115. Reserved. 

‘‘Sec. 1116. Reserved. 


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‘‘Sec. 1117. Reserved. 

‘‘Sec. 1118. Parental involvement. 

‘‘Sec. 1119. Qualifications for teachers and paraprofessionals. 

‘‘Sec. 1120. Participation of children enrolled in private schools. 

‘‘Sec. 1120A. Fiscal requirements. 

‘‘Sec. 1120B. 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. 

‘‘Sec. 1127. Carryover and waiver. 

‘‘Sec. 1128. Title I funds follow the low-income child State option. 

‘‘PART B—ACADEMIC ASSESSMENTS

‘‘Sec. 1201. Grants for State assessments and related activities. 

‘‘Sec. 1202. Grants for enhanced assessment instruments. 

‘‘Sec. 1203. Funding. 

‘‘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. Coordination of migrant education activities. 

‘‘Sec. 1309. 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. Evaluation; technical assistance; annual model program. 


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‘‘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—NATIONAL ASSESSMENT OF TITLE I 

‘‘Sec. 1501. Evaluations. 

‘‘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. 

‘‘TITLE II—PREPARING, TRAINING, AND RECRUITING HIGHQUALITY TEACHERS AND PRINCIPALS 

‘‘Sec. 2101. Purpose. 

‘‘Sec. 2102. Definitions. 

‘‘Sec. 2103. Authorizations of appropriations. 

‘‘PART A—FUND FOR THE IMPROVEMENT OF TEACHING AND LEARNING

‘‘Sec. 2104. Formula grants to States. 

‘‘Sec. 2105. Subgrants to local educational agencies. 

‘‘Sec. 2106. Local use of funds. 

‘‘Sec. 2107. Reporting. 

‘‘Sec. 2108. National activities of demonstrated effectiveness. 

‘‘Sec. 2109. Prohibition against Federal mandates, direction, or control. 

‘‘Sec. 2110. Supplement, not supplant. 

‘‘PART B—TEACHER INCENTIVE FUND

‘‘Sec. 2201. Purposes; definitions. 

‘‘Sec. 2202. Teacher incentive fund grants. 

‘‘Sec. 2203. Reports and evaluations. 

‘‘Sec. 2204. Reservation of funds. 

‘‘TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH 

PROFICIENT AND IMMIGRANT STUDENTS 

‘‘Sec. 3001. Authorizations of appropriations; condition on effectiveness of 

parts. 


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‘‘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 and specially qualified agency plans. 

‘‘Sec. 3114. Within-State allocations. 

‘‘Sec. 3115. Subgrants to eligible entities. 

‘‘Sec. 3116. Local plans. 

‘‘SUBPART 2—ACCOUNTABILITY AND ADMINISTRATION

‘‘Sec. 3121. Evaluations. 

‘‘Sec. 3122. Achievement objectives and 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. National professional development project. 

‘‘SUBPART 4—DEFINITIONS

‘‘Sec. 3141. Eligible entity. 

‘‘PART B—IMPROVING LANGUAGE INSTRUCTION EDUCATIONAL PROGRAMS

‘‘Sec. 3201. Short title. 

‘‘Sec. 3202. Purpose. 

‘‘Sec. 3203. Native American children in school. 

‘‘Sec. 3204. Residents of the territories and freely associated States. 

‘‘SUBPART 1—PROGRAM DEVELOPMENT AND ENHANCEMENT

‘‘Sec. 3211. Financial assistance for language instruction educational programs. 

‘‘Sec. 3212. Program enhancement activities. 

‘‘Sec. 3213. Comprehensive school and systemwide improvement activities. 

‘‘Sec. 3214. Applications. 

‘‘Sec. 3215. Capacity building. 

‘‘Sec. 3216. Programs for Native Americans and Puerto Rico. 

‘‘Sec. 3217. Evaluations. 

‘‘Sec. 3218. Construction. 

‘‘SUBPART 2—RESEARCH, EVALUATION, AND DISSEMINATION

‘‘Sec. 3221. Authority. 

‘‘Sec. 3222. Research. 

‘‘Sec. 3223. Academic excellence awards. 


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‘‘Sec. 3224. State grant program. 

‘‘Sec. 3225. Instruction materials development. 

‘‘SUBPART 3—PROFESSIONAL DEVELOPMENT

‘‘Sec. 3231. Professional development grants. 

‘‘SUBPART 4—EMERGENCY IMMIGRANT EDUCATION PROGRAM

‘‘Sec. 3241. Purpose. 

‘‘Sec. 3242. State administrative costs. 

‘‘Sec. 3243. Withholding. 

‘‘Sec. 3244. State allotments. 

‘‘Sec. 3245. State applications. 

‘‘Sec. 3246. Administrative provisions. 

‘‘Sec. 3247. Uses of funds. 

‘‘Sec. 3248. Reports. 

‘‘SUBPART 5—ADMINISTRATION

‘‘Sec. 3251. Release time. 

‘‘Sec. 3252. Notification. 

‘‘Sec. 3253. Coordination and reporting requirements. 

‘‘PART C—GENERAL PROVISIONS

‘‘Sec. 3301. Definitions. 

‘‘Sec. 3302. Parental notification. 

‘‘Sec. 3303. National Clearinghouse. 

‘‘Sec. 3304. Regulations. 

‘‘TITLE IV—SAFE AND HEALTHY STUDENTS 

‘‘Sec. 4101. Purpose. 

‘‘Sec. 4102. Definitions. 

‘‘Sec. 4103. Formula grants to States. 

‘‘Sec. 4104. Subgrants to local educational agencies. 

‘‘Sec. 4105. Local educational agency authorized activities. 

‘‘Sec. 4106. Supplement, not supplant. 

‘‘Sec. 4107. Prohibited use of funds. 

‘‘Sec. 4108. Authorization of appropriations. 

‘‘TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND 

INNOVATIVE PROGRAMS 

‘‘PART A—PUBLIC CHARTER SCHOOLS

‘‘Sec. 5201. Purpose. 

‘‘Sec. 5202. Program authorized. 

‘‘Sec. 5203. Grants to support high-quality charter schools. 

‘‘Sec. 5204. Facilities financing assistance. 

‘‘Sec. 5205. National activities. 

‘‘Sec. 5206. Federal formula allocation during first year and for successive enrollment expansions. 

‘‘Sec. 5207. Solicitation of input from charter school operators. 

‘‘Sec. 5208. Records transfer. 

‘‘Sec. 5209. Paperwork reduction. 

‘‘Sec. 5210. Definitions. 


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‘‘Sec. 5211. Authorization of appropriations. 

‘‘PART B—MAGNET SCHOOLS ASSISTANCE

‘‘Sec. 5301. Findings and purpose. 

‘‘Sec. 5302. Definition. 

‘‘Sec. 5303. Program authorized. 

‘‘Sec. 5304. Eligibility. 

‘‘Sec. 5305. Applications and requirements. 

‘‘Sec. 5306. Priority. 

‘‘Sec. 5307. Use of funds. 

‘‘Sec. 5308. Prohibition. 

‘‘Sec. 5309. Limitations. 

‘‘Sec. 5310. Evaluations. 

‘‘Sec. 5311. Authorization of appropriations; reservation. 

‘‘TITLE VI—FLEXIBILITY AND ACCOUNTABILITY 

‘‘PART A—IMPROVING ACADEMIC ACHIEVEMENT

‘‘SUBPART 1—ACCOUNTABILITY

‘‘Sec. 6111. Grants for State assessments and related activities. 

‘‘Sec. 6112. Grants for enhanced assessment instruments. 

‘‘Sec. 6113. Funding. 

‘‘SUBPART 2—FUNDING TRANSFERABILITY FOR STATE AND LOCAL

EDUCATIONAL AGENCIES

‘‘Sec. 6121. Short title. 

‘‘Sec. 6122. Purpose. 

‘‘Sec. 6123. Transferability of funds. 

‘‘SUBPART 3—STATE AND LOCAL FLEXIBILITY DEMONSTRATION

‘‘Sec. 6131. Short title. 

‘‘Sec. 6132. Purpose. 

‘‘Sec. 6133. General provision. 

‘‘CHAPTER A—STATE FLEXIBILITY AUTHORITY 

‘‘Sec. 6141. State flexibility. 

‘‘Sec. 6142. Consolidation and use of funds. 

‘‘Sec. 6143. Performance review and penalties. 

‘‘Sec. 6144. Renewal of grant of flexibility authority. 

‘‘CHAPTER B—LOCAL FLEXIBILITY DEMONSTRATION 

‘‘Sec. 6151. Local flexibility demonstration agreements. 

‘‘Sec. 6152. Consolidation and use of funds. 

‘‘Sec. 6153. Limitations on administrative expenditures. 

‘‘Sec. 6154. Performance review and penalties. 

‘‘Sec. 6155. Renewal of local flexibility demonstration agreement. 

‘‘Sec. 6156. Reports. 

‘‘SUBPART 4—STATE ACCOUNTABILITY FOR ADEQUATE YEARLY PROGRESS

‘‘Sec. 6161. Accountability for adequate yearly progress. 

‘‘Sec. 6162. Peer review. 


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‘‘Sec. 6163. Technical assistance. 

‘‘Sec. 6164. Report to Congress. 

‘‘PART B—RURAL EDUCATION INITIATIVE

‘‘Sec. 6201. Short title. 

‘‘Sec. 6202. Purpose. 

‘‘SUBPART 1—SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM

‘‘Sec. 6211. Use of applicable funding. 

‘‘Sec. 6212. Grant program authorized. 

‘‘Sec. 6213. Accountability. 

‘‘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. Annual average daily attendance determination. 

‘‘Sec. 6232. Supplement, not supplant. 

‘‘Sec. 6233. Rule of construction. 

‘‘Sec. 6234. Authorization of appropriations. 

‘‘PART C—GENERAL PROVISIONS

‘‘Sec. 6301. Prohibition against Federal mandates, direction, or control. 

‘‘Sec. 6302. Rule of construction on equalized spending. 

‘‘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

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

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


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‘‘SUBPART 3—NATIONAL ACTIVITIES

‘‘Sec. 7131. National research activities. 

‘‘Sec. 7132. In-service training for teachers of Indian children. 

‘‘Sec. 7133. Fellowships for Indian students. 

‘‘Sec. 7134. Gifted and talented Indian students. 

‘‘Sec. 7135. Grants to tribes for education administrative planning and development. 

‘‘Sec. 7136. Improvement of educational opportunities for adult Indians. 

‘‘SUBPART 4—FEDERAL ADMINISTRATION

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

‘‘Sec. 7142. Peer review. 

‘‘Sec. 7143. Preference for Indian applicants. 

‘‘Sec. 7144. Minimum grant criteria. 

‘‘SUBPART 5—DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS

‘‘Sec. 7151. Definitions. 

‘‘Sec. 7152. Authorizations of appropriations. 

‘‘PART B—NATIVE HAWAIIAN EDUCATION

‘‘Sec. 7201. Short title. 

‘‘Sec. 7202. Findings. 

‘‘Sec. 7203. Purposes. 

‘‘Sec. 7204. Native Hawaiian Education Council and island councils. 

‘‘Sec. 7205. Program authorized. 

‘‘Sec. 7206. Administrative provisions. 

‘‘Sec. 7207. Definitions. 

‘‘PART C—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. 

‘‘Sec. 8014. Authorization of appropriations. 


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‘‘TITLE IX—GENERAL PROVISIONS 

‘‘PART A—DEFINITIONS

‘‘Sec. 9101. Definitions. 

‘‘Sec. 9102. Applicability of title. 

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

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

FUNDS

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

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

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

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

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

PLANS AND APPLICATIONS

‘‘Sec. 9301. Purpose. 

‘‘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. 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. 


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‘‘Sec. 9535. Rulemaking. 

‘‘Sec. 9536. Severability. 

‘‘Sec. 9537. Transfer of school disciplinary records. 

‘‘SUBPART 3—TEACHER LIABILITY PROTECTION

‘‘Sec. 9541. Short title. 

‘‘Sec. 9542. Purpose. 

‘‘Sec. 9543. Definitions. 

‘‘Sec. 9544. Applicability. 

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

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

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

‘‘Sec. 9548. Effective date. 

‘‘SUBPART 4—INTERNET SAFETY

‘‘Sec. 9551. Internet safety. 

‘‘SUBPART 5—GUN POSSESSION

‘‘Sec. 9561. Gun-free requirements. 

‘‘SUBPART 6—ENVIRONMENTAL TOBACCO SMOKE

‘‘Sec. 9571. Short title. 

‘‘Sec. 9572. Definitions. 

‘‘Sec. 9573. Nonsmoking policy for children’s services. 

‘‘Sec. 9574. Preemption. 

‘‘PART F—EVALUATIONS

‘‘Sec. 9601. Evaluations. 

‘‘PART G—APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL

APPLICATIONS

‘‘Sec. 9701. Approval and disapproval of State plans. 

‘‘Sec. 9702. Approval and disapproval of local educational agency applications.’’. 

1 TITLE I—IMPROVING BASIC PRO2 GRAMS OPERATED BY STATE 

3 AND LOCAL EDUCATIONAL 

4 AGENCIES 

5 SEC. 101. STATEMENT OF PURPOSE. 

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

7 as follows: 


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1 ‘‘SEC. 1001. STATEMENT OF PURPOSE. 

2 ‘‘The purpose of this title is to ensure that all chil3 dren have a fair, equal, and significant opportunity to re4 ceive a high-quality education that prepares them for post5 secondary education or the workforce, without the need 

6 for remediation, and to close the achievement gap between 

7 high- and low-performing children, especially the achieve8 ment gaps between minority and nonminority students, 

9 and between disadvantaged children and their more ad10 vantaged peers.’’. 

11 SEC. 102. AUTHORIZATION OF APPROPRIATIONS. 

12 Section 1002 (20 U.S.C. 6302) is amended to read 

13 as follows: 

14 ‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. 

15 ‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.—For 

16 the purpose of carrying out part A, there are authorized 

17 to be appropriated $14,974,091,000 for each of fiscal 

18 years 2014 through 2018. 

19 ‘‘(b) STATE ASSESSMENTS.—For the purpose of car20 rying out part B, there are authorized to be appropriated 

21 $368,900,000 for each of fiscal years 2014 through 2018. 

22 ‘‘(c) EDUCATION OF MIGRATORY CHILDREN.—For 

23 the purpose of carrying out part C, there are authorized 

24 to be appropriated $372,751,000 for each of fiscal years 

25 2014 through 2018. 


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1 ‘‘(d) PREVENTION AND INTERVENTION PROGRAMS

2 FOR YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT

3 RISK.—For the purpose of carrying out part D, there are 

4 authorized to be appropriated $47,614,000 for each of fis5 cal years 2014 through 2018. 

6 ‘‘(e) FEDERAL ACTIVITIES.—For the purpose of car7 rying out section 1501, there are authorized to be appro8 priated such sums as may be necessary for each of fiscal 

9 years 2014 through 2018.’’. 

10 SEC. 103. SCHOOL IMPROVEMENT AND STATE ADMINISTRA11 TION. 

12 The Act (20 U.S.C. 6301 et seq.) is amended— 

13 (1) by striking section 1003; 

14 (2) by redesignating section 1004 as section 

15 1003; and 

16 (3) in section 1003, as redesignated by para17 graph (2)— 

18 (A) in subsection (a), by striking ‘‘sub19 section (b)’’ and inserting ‘‘subsections (b) and 

20 (c)’’; and 

21 (B) by adding at the end the following: 

22 ‘‘(c) TECHNICAL ASSISTANCE AND SUPPORT.— 

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

24 not more than 4 percent of the amount the State re25 ceives under subpart 2 of part A for a fiscal year to 


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1 carry out paragraph (2) and to carry out the State 

2 educational agencies responsibilities under section 

3 1114(a), including carrying out the State edu4 cational agency’s statewide system of technical as5 sistance and support for local educational agencies. 

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

7 paragraph (1) for any fiscal year, the State edu8 cational agency— 

9 ‘‘(A) shall allocate not less than 95 percent 

10 of the amount directly to local educational 

11 agencies for schools identified by the State 

12 under section 1114(a)(1)(B), for activities 

13 under section 1114(b); or 

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

15 educational agency, directly provide for such ac16 tivities or arrange for their provision through 

17 other entities, such as school support teams or 

18 educational service agencies.’’. 

19 SEC. 104. BASIC PROGRAM REQUIREMENTS. 

20 Subpart 1 of part A of title I (20 U.S.C. 6311 et 

21 seq.) is amended— 

22 (1) by striking sections 1111 through 1117 and 

23 inserting the following: 

24 ‘‘SEC. 1111. STATE PLANS. 

25 ‘‘(a) PLANS REQUIRED.— 


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

2 receive a grant under this part, the State edu3 cational agency shall submit to the Secretary a plan, 

4 developed by the State educational agency in con5 sultation with local educational agencies, teachers, 

6 principals, pupil services personnel, administrators, 

7 other staff, and parents, that satisfies the require8 ments of this section. 

9 ‘‘(2) CONSOLIDATED PLAN.—A State plan sub10 mitted under paragraph (1) may be submitted as 

11 part of a consolidated plan under section 9302. 

12 ‘‘(3) PEER REVIEW AND SECRETARIAL AP13 PROVAL.— 

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

15 ‘‘(i) establish a peer-review process to 

16 assist in the review of State plans; 

17 ‘‘(ii) establish multidisciplinary peer 

18 review teams and appoint their members, 

19 including representatives of teachers, State 

20 educational agencies, local educational 

21 agencies, and those with practical experi22 ence in implementing academic standards, 

23 assessments, accountability, the needs of 

24 low-performing schools, and other edu25 cational needs of students; and 


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1 ‘‘(iii) approve a State plan within 45 

2 days of its submission unless the Secretary 

3 presents a body of substantial, high-quality 

4 education research that clearly dem5 onstrates that the State’s plan does not 

6 meet the requirements of this section and 

7 is likely to be ineffective or is inappro8 priate for its intended purposes. 

9 ‘‘(B) PURPOSE OF PEER REVIEW.—The 

10 peer review process shall be designed to— 

11 ‘‘(i) promote effective implementation 

12 of State-developed challenging academic 

13 standards through State and local innova14 tion; and 

15 ‘‘(ii) provide transparent feedback to 

16 States designed to strengthen the States’ 

17 plans. 

18 ‘‘(C) STANDARD AND NATURE OF RE19 VIEW.—Peer reviewers shall conduct a good 

20 faith review of State plans in their totality and 

21 in deference to State and local judgments, with 

22 the goal of promoting State- and local-led inno23 vation. 

24 ‘‘(4) STATE PLAN DETERMINATION, DEM25 ONSTRATION, AND REVISION.—If the Secretary deVerDate Mar 15 2010 02:56 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1101.IS S1101

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1 termines that the State plan does not meet the re2 quirements of this subsection or subsection (b) or 

3 (c), the Secretary shall, prior to declining to approve 

4 a State plan— 

5 ‘‘(A) immediately notify the State of such 

6 determination; 

7 ‘‘(B) provide a detailed description of the 

8 specific requirements of this subsection or sub9 section (b) or (c) of the State plan that the Sec10 retary determines fails to meet such require11 ments; 

12 ‘‘(C) offer the State an opportunity to re13 vise and resubmit its plan within 60 days of 

14 such determination; 

15 ‘‘(D) provide technical assistance, upon re16 quest of the State, in order to assist the State 

17 to meet the requirements of this subsection or 

18 subsection (b) or (c); and 

19 ‘‘(E) conduct a public hearing within 30 

20 days of such resubmission, with public notice 

21 provided not less than 15 days before such 

22 hearing. 

23 ‘‘(5) STATE PLAN DISAPPROVAL.—The Sec24 retary shall have the authority to disapprove a State 

25 plan if the State has been notified and offered an 


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1 opportunity to revise and submit with technical as2 sistance under paragraph (4), and— 

3 ‘‘(A) the State does not revise and resub4 mit its plan; or 

5 ‘‘(B) the State revises and resubmits a 

6 plan that the Secretary determines does not 

7 meet the requirements of this part after a hear8 ing conducted under paragraph (4)(E). 

9 ‘‘(6) LIMITATIONS.—The Secretary shall not 

10 have the authority to require a State, as a condition 

11 of approval of the State plan, to— 

12 ‘‘(A) include in, or delete from, such plan 

13 1 or more specific elements of the State’s aca14 demic content standards or academic achieve15 ment standards; 

16 ‘‘(B) use specific academic assessment in17 struments or items; 

18 ‘‘(C) include in, or delete from, such a plan 

19 any criterion that specifies, defines, or pre20 scribes the standards or measures that State or 

21 local educational agencies use to establish, im22 plement, or improve— 

23 ‘‘(i) State standards; 

24 ‘‘(ii) assessments; 

25 ‘‘(iii) State accountability systems; 


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1 ‘‘(iv) systems that measure student 

2 growth; 

3 ‘‘(v) measures of other academic indi4 cators; or 

5 ‘‘(vi) teacher and principal evaluation 

6 systems; or 

7 ‘‘(D) require the collection, publication, or 

8 transmission to the Department of individual 

9 student data that is not expressly required to 

10 be collected under this Act. 

11 ‘‘(7) PUBLIC REVIEW.—All written communica12 tions, feedback, and notifications under this sub13 section shall be conducted in a manner that is trans14 parent and immediately made available to the public 

15 through the Department website, including— 

16 ‘‘(A) plans submitted or resubmitted by a 

17 State; 

18 ‘‘(B) peer review comments; 

19 ‘‘(C) State plan determinations by the Sec20 retary, including approvals or disapprovals; and 

21 ‘‘(D) public hearings under this section. 

22 ‘‘(8) DURATION OF THE PLAN.— 

23 ‘‘(A) IN GENERAL.—Each State plan 

24 shall— 


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

2 of the State’s participation under this part; 

3 and 

4 ‘‘(ii) be periodically reviewed and re5 vised as necessary by the State educational 

6 agency to reflect changes in the State’s 

7 strategies and programs under this part. 

8 ‘‘(B) ADDITIONAL INFORMATION.—A State 

9 shall notify the Secretary if a State makes sig10 nificant changes to its plan, such as the adop11 tion of new State academic content standards, 

12 State academic achievement standards, new 

13 academic assessments, or changes to its ac14 countability system under subsection (b)(3). 

15 ‘‘(9) FAILURE TO MEET REQUIREMENTS.—If a 

16 State fails to meet any of the requirements of this 

17 section, then the Secretary may withhold funds for 

18 State administration under this part until the Sec19 retary determines that the State has fulfilled those 

20 requirements. 

21 ‘‘(b) ACADEMIC STANDARDS, ACADEMIC ASSESS22 MENTS, AND STATE ACCOUNTABILITY SYSTEMS.— 

23 ‘‘(1) CHALLENGING STATE ACADEMIC STAND24 ARDS.— 


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1 ‘‘(A) IN GENERAL.—Each State shall pro2 vide an assurance that the State has adopted 

3 challenging academic content standards and 

4 student academic achievement standards that 

5 will be used by the State, its local educational 

6 agencies, and its schools to carry out this part. 

7 ‘‘(B) SAME STANDARDS.—The standards 

8 required by subparagraph (A) shall be the same 

9 standards that the State applies to all public 

10 schools and public school children in the State. 

11 ‘‘(C) SUBJECTS.—The State shall have 

12 such standards in mathematics, reading or lan13 guage arts, and science, and any other subjects 

14 as determined by the State, which shall include 

15 the same knowledge, skills, and levels of 

16 achievement expected of all children in the 

17 State. 

18 ‘‘(D) ALIGNMENT.—Each State shall pro19 vide an assurance to the Secretary that the 

20 State’s challenging academic content standards 

21 are aligned with— 

22 ‘‘(i) entrance requirements, without 

23 the need for academic remediation, for an 

24 institution of higher education in the 

25 State; and 


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1 ‘‘(ii) State performance measures 

2 identified in the State plan under section 

3 113(b) of the Carl D. Perkins Career and 

4 Technical Education Act of 2006. 

5 ‘‘(E) ALTERNATE ACADEMIC ACHIEVE6 MENT STANDARDS.—Notwithstanding any other 

7 provision of this paragraph, a State may, 

8 through a documented and validated standards9 setting process, adopt alternate academic 

10 achievement standards for students with the 

11 most significant cognitive disabilities who take 

12 an alternate assessment, provided those stand13 ards— 

14 ‘‘(i) are aligned with the State’s chal15 lenging academic content standards under 

16 subparagraph (A); 

17 ‘‘(ii) promote access to the general 

18 curriculum; and 

19 ‘‘(iii) reflect professional judgment of 

20 the highest achievement standards attain21 able by those students. 

22 ‘‘(F) MODIFIED ACADEMIC ACHIEVEMENT

23 STANDARDS.—Notwithstanding any other provi24 sion of this paragraph, a State may, through a 

25 documented and validated standards-setting 


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1 process, adopt modified academic achievement 

2 standards for students who have disabilities 

3 that preclude them from meeting State student 

4 achievement standards within the academic year 

5 covered by a student’s individualized education 

6 program under section 614(d) of the Individ7 uals with Disabilities Education Act, provided 

8 those standards— 

9 ‘‘(i) are aligned with the State’s chal10 lenging academic content standards under 

11 subparagraph (A) for the grade in which 

12 the student is enrolled; and 

13 ‘‘(ii) are challenging for such eligible 

14 students, but may be less difficult than the 

15 grade-level academic achievement stand16 ards under this section. 

17 ‘‘(G) ENGLISH LANGUAGE PROFICIENCY

18 STANDARDS.—Each State plan shall provide an 

19 assurance that the State has adopted English 

20 language proficiency standards that are aligned 

21 with the State’s challenging academic content 

22 standards under subparagraph (A). Such stand23 ards shall— 


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1 ‘‘(i) ensure proficiency in each of the 

2 domains of speaking, listening, reading, 

3 and writing; 

4 ‘‘(ii) address the different proficiency 

5 levels of English language learners; and 

6 ‘‘(iii) be aligned with the State’s aca7 demic content standards in reading or lan8 guage arts so that achieving proficiency 

9 against the State’s English language pro10 ficiency standards indicates a sufficient 

11 knowledge of English to measure validly 

12 and reliably the student’s achievement on 

13 the State’s reading or language arts stand14 ards. 

15 ‘‘(H) PROHIBITIONS.— 

16 ‘‘(i) STANDARDS REVIEW OR AP17 PROVAL.—A State shall not be required to 

18 submit any standards developed under this 

19 subsection for academic content or student 

20 academic achievement to the Secretary for 

21 review or approval. 

22 ‘‘(ii) FEDERAL CONTROL.—The Sec23 retary shall not have the authority to man24 date, direct, control, or exercise any direc25 tion or supervision over the academic conVerDate Mar 15 2010 02:56 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1101.IS S1101

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1 tent standards or academic achievement 

2 standards adopted or implemented by a 

3 State. 

4 ‘‘(I) EXISTING STANDARDS.—Nothing in 

5 this part shall prohibit a State from revising, 

6 consistent with this section, any standard 

7 adopted under this part before or after the date 

8 of enactment of the Every Child Ready for Col9 lege or Career Act of 2013. 

10 ‘‘(2) ACADEMIC ASSESSMENTS.— 

11 ‘‘(A) IN GENERAL.—Each State plan shall 

12 provide an assurance that the State educational 

13 agency, in consultation with local educational 

14 agencies, has implemented a set of high-quality, 

15 yearly student academic assessments that in16 clude, at a minimum, academic assessments in 

17 mathematics and reading or language arts that 

18 will be used as the primary means of deter19 mining the yearly performance of each school in 

20 the State in enabling all children to meet the 

21 State’s challenging student academic achieve22 ment standards. 

23 ‘‘(B) REQUIREMENTS.—Each State plan 

24 shall provide an assurance that such assess25 ments— 


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1 ‘‘(i) are the same academic assess2 ments used to measure the achievement of 

3 all students; 

4 ‘‘(ii) are aligned with the State’s chal5 lenging academic content and student aca6 demic achievement standards, and provide 

7 coherent information about student attain8 ment of such standards; 

9 ‘‘(iii) are used for purposes for which 

10 such assessments are valid and reliable, be 

11 of adequate technical quality for each pur12 pose required under this Act, and be con13 sistent with relevant, nationally recognized 

14 professional and technical standards; 

15 ‘‘(iv)(I) measure the annual academic 

16 achievement of all students against the 

17 State’s challenging academic achievement 

18 standards in mathematics and reading or 

19 language arts, and be administered— 

20 ‘‘(aa) in each of grades 3 

21 through 8; and 

22 ‘‘(bb) at least once in grades 9 

23 through 12; and 

24 ‘‘(II) measure the academic achieve25 ment of all students against the State’s 


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1 challenging academic achievement stand2 ards in science, and be administered not 

3 less than one time, during— 

4 ‘‘(aa) grades 3 through 5; 

5 ‘‘(bb) grades 6 through 8; and 

6 ‘‘(cc) grades 9 through 12; 

7 ‘‘(v) involve multiple up-to-date meas8 ures of student academic achievement; 

9 ‘‘(vi) provide for— 

10 ‘‘(I) the participation in such as11 sessments of all students; 

12 ‘‘(II) the reasonable adaptations 

13 and accommodations for children with 

14 disabilities (as defined in section 

15 602(3) of the Individuals with Dis16 abilities Education Act) necessary to 

17 measure the academic achievement of 

18 such children relative to State aca19 demic content and student academic 

20 achievement standards; 

21 ‘‘(III) alternate assessments 

22 aligned with grade-level academic con23 tent and academic achievement stand24 ards, unless the State develops alter25 nate assessments aligned with— 


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1 ‘‘(aa) alternate academic 

2 achievement standards, con3 sistent with subparagraph (C), 

4 for students with the most sig5 nificant cognitive disabilities; or 

6 ‘‘(bb) modified academic 

7 achievement standards consistent 

8 with subparagraph (C); and 

9 ‘‘(IV) the inclusion of English 

10 language learners, who shall be as11 sessed in a valid and reliable manner 

12 and provided reasonable accommoda13 tions on assessments administered to 

14 such students under this paragraph, 

15 including, to the extent practicable, 

16 assessments in the language and form 

17 most likely to yield accurate data on 

18 what such students know and can do 

19 in academic content areas, until such 

20 students have achieved English lan21 guage proficiency, as determined 

22 under paragraph (1)(G); 

23 ‘‘(vii) produce individual student in24 terpretive, descriptive, and diagnostic re25 ports, consistent with clause (iii), that 


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1 allow parents, teachers, and principals to 

2 understand and address the specific aca3 demic needs of students, and include infor4 mation regarding achievement on academic 

5 assessments, and that are provided to par6 ents, teachers, and principals in a timely 

7 manner after the assessment is given, in 

8 an understandable and uniform format; 

9 and 

10 ‘‘(viii) enable results to be 

11 disaggregated within each State, local edu12 cational agency, and school, by— 

13 ‘‘(I) each major racial and ethnic 

14 group; 

15 ‘‘(II) economically disadvantaged 

16 students as compared to students who 

17 are not economically disadvantaged; 

18 ‘‘(III) students with disabilities 

19 as compared to nondisabled students; 

20 ‘‘(IV) English proficiency status; 

21 ‘‘(V) gender; and 

22 ‘‘(VI) migrant status. 

23 ‘‘(C) STUDENTS WITH DISABILITIES.— 

24 ‘‘(i) ALTERNATE STANDARDS.—A 

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1 ments aligned with alternate academic 

2 achievement standards for students with 

3 the most significant cognitive disabilities, if 

4 the State— 

5 ‘‘(I) establishes and monitors im6 plementation of clear and appropriate 

7 guidelines for individualized education 

8 program teams (as defined in section 

9 614(d)(1)(B) of the Individuals with 

10 Disabilities Education Act) (referred 

11 to in this section as ‘IEP Teams’) to 

12 apply in determining when a child’s 

13 significant cognitive disability justifies 

14 assessment based on alternate aca15 demic achievement standards; 

16 ‘‘(II) ensures that the parents of 

17 those students are informed that their 

18 child’s academic achievement will be 

19 based on alternate academic achieve20 ment standards; 

21 ‘‘(III) documents that students 

22 with the most significant cognitive 

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1 riculum, and in assessments aligned 

2 with that curriculum; 

3 ‘‘(IV) develops, disseminates in4 formation on, and promotes the use of 

5 appropriate accommodations to in6 crease the number of students with 

7 disabilities who are tested against aca8 demic achievement standards for the 

9 grade in which a student is enrolled; 

10 and 

11 ‘‘(V) ensures that regular and 

12 special education teachers and other 

13 appropriate staff know how to admin14 ister assessments, including making 

15 appropriate use of accommodations, 

16 for students with disabilities. 

17 ‘‘(ii) MODIFIED STANDARDS.—A State 

18 may assess students with disabilities based 

19 on modified academic achievement stand20 ards, if the State— 

21 ‘‘(I) establishes and ensures im22 plementation of clear and appropriate 

23 guidelines for IEP Teams to apply in 

24 determining which students with dis25 abilities are eligible to be assessed 


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1 based on modified academic achieve2 ment standards, which criteria, at a 

3 minimum, shall include— 

4 ‘‘(aa) whether the student’s 

5 disability has precluded the stu6 dent from achieving grade-level 

7 proficiency, as demonstrated by 

8 objective evidence, such as the 

9 student’s performance on the 

10 State’s regular assessments or on 

11 other assessments that can val12 idly demonstrate academic 

13 achievement; and 

14 ‘‘(bb) whether the student’s 

15 progress in response to appro16 priate instruction, including spe17 cial education and related serv18 ices designed to address the stu19 dent’s individual needs, is such 

20 that, even if significant growth 

21 occurs, the IEP Team is reason22 ably certain that the student will 

23 not achieve to grade-level within 

24 the year covered by the IEP, 

25 which progress shall be based on 


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1 multiple measurements, over a 

2 period of time, that are valid for 

3 the subjects being assessed; 

4 ‘‘(II) ensures that, if a student’s 

5 IEP includes goals for a subject as6 sessed based on modified academic 

7 achievement standards, those goals 

8 are based on academic content stand9 ards for the grade in which the stu10 dent is enrolled; 

11 ‘‘(III) ensures that parents of 

12 students with disabilities who are as13 sessed against modified academic 

14 achievement standards are informed 

15 that their child’s achievement will be 

16 measured based on modified academic 

17 achievement standards; 

18 ‘‘(IV) ensures that the alternate 

19 assessment yields results that measure 

20 the achievement of those students sep21 arately in reading or language arts, 

22 mathematics, and science relative to 

23 the modified academic achievement 

24 standards; 


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1 ‘‘(V) ensures that students who 

2 are assessed based on modified aca3 demic achievement standards have ac4 cess to the curriculum, including in5 struction, for the grade in which the 

6 students are enrolled; and 

7 ‘‘(VI) establishes and monitors 

8 implementation of clear and appro9 priate guidelines for IEP Teams to 

10 apply in developing and implementing 

11 IEPs for students who are assessed 

12 based on modified academic achieve13 ment standards. 

14 ‘‘(D) LANGUAGE ASSESSMENTS.—Each 

15 State plan shall identify the languages other 

16 than English that are present to a significant 

17 extent in the participating student population 

18 and indicate the languages for which yearly stu19 dent academic assessments are not available 

20 and are needed, and such State shall make 

21 every effort to develop such assessments as are 

22 necessary. 

23 ‘‘(E) ASSESSMENTS OF ENGLISH LAN24 GUAGE PROFICIENCY.—Each State plan shall 

25 provide an assurance that local educational 


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1 agencies in the State will provide for an annual 

2 assessment of English proficiency (measuring 

3 students’ speaking, listening, reading, and writ4 ing skills in English) of all English language 

5 learners in the schools served by the State edu6 cational agency, except that each local edu7 cational agency shall have discretion to exempt 

8 any student who has been assessed as proficient 

9 in listening, speaking, reading, or writing 

10 English from the corresponding portion of the 

11 assessment. 

12 ‘‘(F) DEFERRAL.—A State may defer the 

13 commencement, or suspend the administration, 

14 but not cease the development, of the assess15 ments described in this paragraph, for 1 year 

16 for each year for which the amount appro17 priated for grants under part B is less than 

18 $368,900,000. 

19 ‘‘(G) CONSTRUCTION.—Nothing in this 

20 paragraph shall be construed to prescribe or 

21 prohibit the use of the academic assessments 

22 described in this part for student promotion or 

23 graduation purposes. 

24 ‘‘(3) STATE ACCOUNTABILITY SYSTEM.— 


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

2 provide an assurance that the State has devel3 oped and is implementing a single, statewide 

4 State accountability system that will be based 

5 on the challenging academic content standards 

6 and student academic achievement standards 

7 adopted by the State, and other academic indi8 cators related to student achievement identified 

9 by the State, to ensure that all students grad10 uate from high school prepared for postsec11 ondary education or the workforce without the 

12 need for remediation and that, at a minimum— 

13 ‘‘(i) annually measures academic 

14 achievement of all public school students in 

15 the State towards meeting the State’s chal16 lenging academic achievement standards 

17 established by the State in mathematics 

18 and reading or language arts, which may 

19 include measures of student growth to 

20 such standards and any other valid and re21 liable academic indicators related to stu22 dent achievement; 

23 ‘‘(ii) establishes a system of annually 

24 identifying and differentiating among all 

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1 dent academic achievement and any other 

2 factors determined appropriate by the 

3 State and also takes into account— 

4 ‘‘(I) achievement gaps between 

5 each category of students described in 

6 subclauses (I) through (IV) of para7 graph (2)(B)(viii); 

8 ‘‘(II) overall performance of all 

9 students and of each category of stu10 dents described in subclauses (I) 

11 through (IV) of paragraph 

12 (2)(B)(viii); and 

13 ‘‘(III) secondary school gradua14 tion rates, as appropriate; 

15 ‘‘(iii) for public schools participating 

16 under this part, includes a system for an17 nually— 

18 ‘‘(I) identifying such schools that 

19 are in need of strategies for improving 

20 student academic achievement and 

21 any other measures determined appro22 priate by the State; and 

23 ‘‘(II) providing assistance to local 

24 educational agencies to develop and 


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1 implement appropriate strategies for 

2 improving identified schools; 

3 ‘‘(iv) provides a clear and understand4 able explanation of the method of identi5 fying schools under clause (iii); 

6 ‘‘(v) measures the annual progress of 

7 not less than 95 percent of each category 

8 of students described in subclauses (I) 

9 through (IV) of paragraph (2)(B)(viii) who 

10 are enrolled in the school and are required 

11 to take the assessments under paragraph 

12 (2); and 

13 ‘‘(vi) measures the high school grad14 uation rate for each category of students 

15 described in subclauses (I) through (IV) of 

16 paragraph (2)(B)(viii). 

17 ‘‘(B) PROHIBITION ON REGULATION.— 

18 Nothing in this subsection shall be construed to 

19 permit the Secretary to establish any criterion 

20 that specifies, defines, or prescribes the stand21 ards or measures that State or local educational 

22 agencies use to establish, implement, or im23 prove— 

24 ‘‘(i) State standards; 

25 ‘‘(ii) assessments; 


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1 ‘‘(iii) State accountability systems; 

2 ‘‘(iv) systems that measure student 

3 growth; 

4 ‘‘(v) measures of other academic indi5 cators; or 

6 ‘‘(vi) teacher and principal evaluation 

7 systems. 

8 ‘‘(c) PROVISIONS TO SUPPORT TEACHING AND

9 LEARNING.—Each State plan shall provide an assurance 

10 that— 

11 ‘‘(1) the State will notify local educational 

12 agencies, schools, teachers, parents, and the public 

13 of the academic content standards, student academic 

14 achievement standards, academic assessments, and 

15 State accountability system, developed under this 

16 section; 

17 ‘‘(2) the State educational agency will assist 

18 each local educational agency and school affected by 

19 the State plan to meet the requirements of this part; 

20 and 

21 ‘‘(3) low-income and minority children, enrolled 

22 in schools assisted under this part, are served by ef23 fective teachers and principals and have access to a 

24 high-quality instructional program in the core aca25 demic subjects, and the State shall adopt measures 


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1 to evaluate and publicly report the progress of the 

2 State educational agency with respect to such steps. 

3 ‘‘(d) OTHER ASSURANCES.—Each State plan shall 

4 contain an assurance that— 

5 ‘‘(1) the State will participate in biennial State 

6 academic assessments of 4th and 8th grade reading 

7 and mathematics under the National Assessment of 

8 Educational Progress carried out under section 

9 303(b)(3) of the National Assessment of Edu10 cational Progress Authorization Act if the Secretary 

11 pays the costs of administering such assessments; 

12 ‘‘(2) the State educational agency will modify or 

13 eliminate State fiscal and accounting barriers so 

14 that schools can easily consolidate funds from other 

15 Federal, State, and local sources in order to improve 

16 educational opportunities and reduce unnecessary 

17 fiscal and accounting requirements; 

18 ‘‘(3) the State educational agency will support 

19 the collection and dissemination to local educational 

20 agencies and schools of effective parental involve21 ment practices; 

22 ‘‘(4) the State educational agency will provide 

23 the least restrictive and burdensome regulations for 

24 local educational agencies and individual schools par25 ticipating in a program assisted under this part; 


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1 ‘‘(5) the State educational agency will ensure 

2 that local educational agencies, to the extent fea3 sible, in developing and implementing programs 

4 under this part, will work in consultation with out5 side intermediary organizations or individuals who 

6 have expertise in using strategies and programs 

7 based on scientifically valid research to improve 

8 teaching, learning, and schools; and 

9 ‘‘(6) the State educational agency has appro10 priate procedures and safeguards in place to ensure 

11 the validity of the assessment process. 

12 ‘‘(e) REPORTS.— 

13 ‘‘(1) ANNUAL STATE REPORT CARD.— 

14 ‘‘(A) IN GENERAL.—A State that receives 

15 assistance under this part shall prepare and 

16 disseminate widely to the public an annual 

17 State report card. 

18 ‘‘(B) IMPLEMENTATION.—The State report 

19 card shall be— 

20 ‘‘(i) concise; and 

21 ‘‘(ii) presented in an understandable 

22 and uniform format. 

23 ‘‘(C) REQUIRED INFORMATION.—The 

24 State shall include in its annual State report 

25 card— 


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1 ‘‘(i) information, in the aggregate, on 

2 student achievement on the State academic 

3 assessments described in subsection (b)(2) 

4 (disaggregated by each category of stu5 dents described in subsection 

6 (b)(2)(B)(viii)); 

7 ‘‘(ii) the percentage of students tested 

8 (disaggregated by each category of stu9 dents described in subsection 

10 (b)(2)(B)(viii)); 

11 ‘‘(iii) information on any other indi12 cator used by the State to determine stu13 dent achievement under subsection (b)(3) 

14 (disaggregated by each category of stu15 dents described in subsection 

16 (b)(2)(B)(viii)); 

17 ‘‘(iv) graduation rates for secondary 

18 school students consistent with subsection 

19 (b)(3)(A)(vi); 

20 ‘‘(v) the professional qualifications of 

21 teachers in the State and the percentage of 

22 such teachers teaching with emergency or 

23 provisional credentials, in the aggregate 

24 and disaggregated by high-poverty com25 pared to low-poverty schools which, for the 


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1 purpose of this clause, means schools in 

2 the top quartile of poverty and the bottom 

3 quartile of poverty in the State; 

4 ‘‘(vi) information on the performance 

5 of local educational agencies and schools in 

6 the State; and 

7 ‘‘(vii) for a State that implements a 

8 teacher and principal evaluation system 

9 consistent with title II, the evaluation re10 sults of teachers and principals, except 

11 that such information shall not provide in12 dividually identifiable information on indi13 vidual teachers or principals. 

14 ‘‘(D) FINANCIAL INFORMATION.—The 

15 State shall include in its annual State report 

16 card the per-pupil expenditures of Federal, 

17 State, and local funds for each local educational 

18 agency in the State for the preceding fiscal 

19 year. 

20 ‘‘(E) OPTIONAL INFORMATION.—The State 

21 may include in its annual State report card 

22 such other information as the State believes will 

23 best provide parents, students, and other mem24 bers of the public with information regarding 


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1 the progress of each of the State’s public 

2 schools. 

3 ‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY

4 REPORT CARDS.— 

5 ‘‘(A) REPORT CARDS.—A local educational 

6 agency that receives assistance under this part 

7 shall prepare and disseminate, in accordance 

8 with subparagraph (E), an annual local edu9 cational agency report card. 

10 ‘‘(B) MINIMUM REQUIREMENTS.—The 

11 local educational agency shall include in its re12 port card the information described in para13 graph (1)(C) as applied to the local educational 

14 agency and each school served by the local edu15 cational agency, and— 

16 ‘‘(i) in the case of a local educational 

17 agency, information that shows how stu18 dents served by the local educational agen19 cy achieved on the statewide academic as20 sessment compared to students in the 

21 State as a whole; and 

22 ‘‘(ii) in the case of a school, informa23 tion that shows how the school’s students’ 

24 achievement on the statewide academic as25 sessments compared to students in the 


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1 local educational agency and the State as 

2 a whole. 

3 ‘‘(C) FINANCIAL INFORMATION.—The local 

4 educational agency shall include in its annual 

5 local educational agency report card the per6 pupil expenditures of Federal, State, and local 

7 funds for each school served by the agency for 

8 the preceding fiscal year. 

9 ‘‘(D) OTHER INFORMATION.—A local edu10 cational agency may include in its annual local 

11 educational agency report card any other appro12 priate information, whether or not such infor13 mation is included in the annual State report 

14 card. 

15 ‘‘(E) PUBLIC DISSEMINATION.— 

16 ‘‘(i) IN GENERAL.—Except as pro17 vided in clause (ii), a local educational 

18 agency shall— 

19 ‘‘(I) publicly disseminate the in20 formation described in this paragraph 

21 to all schools in the school district 

22 served by the local educational agency 

23 and to all parents of students attend24 ing such schools in an understandable 

25 and uniform format; and 


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1 ‘‘(II) make the information wide2 ly available through public means, 

3 such as posting on the Internet, dis4 tribution to the media, and distribu5 tion through public agencies. 

6 ‘‘(ii) EXCEPTION.—If a local edu7 cational agency issues a report card for all 

8 students, the local educational agency may 

9 include the information described in this 

10 paragraph as part of such report. 

11 ‘‘(3) PREEXISTING REPORT CARDS.—A State 

12 educational agency or local educational agency that 

13 was providing public report cards on the perform14 ance of students, schools, local educational agencies, 

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

16 Every Child Ready for College or Career Act of 

17 2013, may use such report cards for the purpose of 

18 disseminating information under this subsection if 

19 the report card is modified, as may be needed, to 

20 contain the information required by this subsection. 

21 ‘‘(4) ANNUAL STATE REPORT TO THE SEC22 RETARY.—Each State educational agency receiving 

23 assistance under this part shall report annually to 

24 the Secretary, and make widely available within the 

25 State— 


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1 ‘‘(A) information on the achievement of 

2 students on the academic assessments required 

3 under subsection (b)(2), including the 

4 disaggregated results for each category of stu5 dents described in subsection (b)(2)(B)(viii); 

6 ‘‘(B) information on the acquisition of 

7 English proficiency by children who are English 

8 language learners; 

9 ‘‘(C) the number and names of the schools 

10 identified under section 1114(a)(1)(B), and the 

11 school assistance strategies developed and im12 plemented by the local educational agency 

13 under section 1114(b) to address the needs of 

14 students in each school; 

15 ‘‘(D) the number of students and schools 

16 that participated in public school choice under 

17 this title; 

18 ‘‘(E)(i) information on the quality and ef19 fectiveness of teachers; and 

20 ‘‘(ii) the percentage of classes being taught 

21 by teachers who are licensed or certified to 

22 teach in their field of study, for the State and 

23 for each local educational agency and public ele24 mentary school or secondary school in the 

25 State; and 


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1 ‘‘(F) information on the results of the 

2 teacher and principal evaluation system, as ap3 plicable. 

4 ‘‘(5) PRESENTATION OF DATA.— 

5 ‘‘(A) IN GENERAL.—A State educational 

6 agency or local educational agency shall only in7 clude in its annual report card described under 

8 paragraphs (1) and (2) data that are sufficient 

9 to yield statistically reliable information, as de10 termined by the State or local educational agen11 cy, and that do not reveal personally identifiable 

12 information about an individual student. 

13 ‘‘(B) STUDENT PRIVACY.—Subject to sec14 tion 444 of the General Education Provisions 

15 Act and notwithstanding section 444(b)(1)(F) 

16 of such Act, student educational records and in17 formation shall not be shared without the in18 formed explicit consent of the student’s legal 

19 guardian or if the student has reached the age 

20 of majority, the student, with any— 

21 ‘‘(i) individual or governmental entity 

22 outside of the school; 

23 ‘‘(ii) local educational agency or State 

24 educational agency; and 


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1 ‘‘(iii) third party contractor, such as a 

2 researcher or private or nonprofit non-gov3 ernmental organization, including third 

4 party assessment and testing organiza5 tions. 

6 ‘‘(C) EXCEPTION.—Notwithstanding sub7 paragraph (B), the sharing of educational 

8 records and information shall be permissible— 

9 ‘‘(i) in an emergency situation; and 

10 ‘‘(ii) in the case where the student 

11 does not currently have a recognized legal 

12 guardian or is part of a court proceeding 

13 regarding child abuse or neglect. 

14 ‘‘(6) REPORT TO CONGRESS.—The Secretary 

15 shall transmit annually to the Committee on Health, 

16 Education, Labor, and Pensions of the Senate and 

17 the Committee on Education and the Workforce of 

18 the House of Representatives a report that provides 

19 national and State level data on the information col20 lected under paragraph (4). Such report shall be 

21 submitted through electronic means only. 

22 ‘‘(7) SECRETARY’S REPORT CARD.— 

23 ‘‘(A) IN GENERAL.—Not later than July 1, 

24 2015, and annually thereafter, the Secretary 

25 shall transmit to the Committee on Health, 


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1 Education, Labor, and Pensions of the Senate 

2 and the Committee on Education and the 

3 Workforce of the House of Representatives a 

4 national report card on the status of elementary 

5 and secondary education in the United States. 

6 Such report shall— 

7 ‘‘(i) analyze existing data from State 

8 reports required under this Act, the Indi9 viduals with Disabilities Education Act, 

10 and the Carl D. Perkins Career and Tech11 nical Education Act of 2006, and summa12 rize major findings from such reports; 

13 ‘‘(ii) analyze data from the National 

14 Assessment of Educational Progress and 

15 comparable international assessments; 

16 ‘‘(iii) identify trends in student 

17 achievement, student performance, and 

18 secondary school graduation rates, by ana19 lyzing and reporting on the status and per20 formance of students, disaggregated by 

21 each category of students described in sub22 section (b)(2)(B)(viii); 

23 ‘‘(iv) analyze data on Federal, State, 

24 and local expenditures on education, in25 cluding per-pupil spending, teacher salaries 


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1 and pension obligations, school level spend2 ing, and other financial data publicly avail3 able, and report on current trends and 

4 major findings; and 

5 ‘‘(v) analyze information on the teach6 ing and principal profession, including edu7 cation and training, retention and mobility, 

8 and effectiveness in improving student 

9 achievement. 

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

11 used to prepare the report described in sub12 paragraph (A) shall be derived from existing 

13 State and local reporting requirements and data 

14 sources. Nothing in this paragraph shall be con15 strued as authorizing, requiring, or allowing 

16 any additional reporting requirements, data ele17 ments, or information to be reported to the Sec18 retary not otherwise explicitly authorized by any 

19 other Federal law. 

20 ‘‘(f) VOLUNTARY PARTNERSHIPS.— 

21 ‘‘(1) IN GENERAL.—Nothing in this section 

22 shall be construed to prohibit a State from entering 

23 into a voluntary partnership with another State to 

24 develop and implement the academic assessments, 


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1 State academic content standards, and account2 ability systems required under this section. 

3 ‘‘(2) PROHIBITION.—The Secretary shall be 

4 prohibited from requiring a State to enter into a vol5 untary partnership described in paragraph (1), in6 cluding as a condition of approval of a State plan 

7 under this section or as a condition of an award of 

8 Federal funds under any grant, contract, or coopera9 tive agreement. 

10 ‘‘(g) SPECIAL RULE WITH RESPECT TO BUREAU11 FUNDED SCHOOLS.—In determining the assessments to 

12 be used by each school operated or funded by the Bureau 

13 of Indian Education of the Department of the Interior 

14 that receives funds under this part, the following shall 

15 apply: 

16 ‘‘(1) Each such school that is accredited by the 

17 State in which it is operating shall use the assess18 ments the State has developed and implemented to 

19 meet the requirements of this section, or such other 

20 appropriate assessment as approved by the Secretary 

21 of the Interior. 

22 ‘‘(2) Each such school that is accredited by a 

23 regional accrediting organization shall adopt an ap24 propriate assessment in consultation with, and with 

25 the approval of, the Secretary of the Interior and 


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1 consistent with assessments adopted by other schools 

2 in the same State or region, that meets the require3 ments of this section. 

4 ‘‘(3) Each such school that is accredited by a 

5 tribal accrediting agency or tribal division of edu6 cation shall use an assessment developed by such 

7 agency or division, except that the Secretary of the 

8 Interior shall ensure that such assessment meets the 

9 requirements of this section. 

10 ‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 

11 ‘‘(a) PLANS REQUIRED.— 

12 ‘‘(1) SUBGRANTS.—A local educational agency 

13 may receive a subgrant under this part for any fiscal 

14 year only if such agency has on file with the State 

15 educational agency a plan, approved by the State 

16 educational agency, that is developed in consultation 

17 with teachers, principals, administrators (including 

18 administrators of programs described in other parts 

19 of this title), other appropriate school personnel, and 

20 with parents of children in schools served under this 

21 part, that satisfies the requirements of this section. 

22 ‘‘(2) CONSOLIDATED APPLICATION.—The plan 

23 may be submitted as part of a consolidated applica24 tion under section 9305. 

25 ‘‘(3) STATE REVIEW AND APPROVAL.— 


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1 ‘‘(A) IN GENERAL.—Each local educational 

2 agency plan shall be filed according to a sched3 ule established by the State educational agency. 

4 ‘‘(B) APPROVAL.—The State educational 

5 agency shall approve a local educational agen6 cy’s plan only if the State educational agency 

7 determines that the local educational agency’s 

8 plan satisfies the requirements of this part and 

9 enables children served under this part to meet 

10 the State’s challenging academic standards de11 scribed in section 1111(b)(1). 

12 ‘‘(4) DURATION.—Each local educational agen13 cy plan shall be submitted for the first year for 

14 which this part is in effect following the date of en15 actment of the Every Child Ready for College or Ca16 reer Act of 2013 and shall remain in effect for the 

17 duration of the agency’s participation under this 

18 part. 

19 ‘‘(5) REVIEW.—Each local educational agency 

20 shall periodically review and, as necessary, revise its 

21 plan to reflect changes in the local educational agen22 cy’s strategies and programs under this part. 

23 ‘‘(b) PLAN PROVISIONS.—To ensure that all children 

24 receive a high-quality education that prepares them for 

25 postsecondary education and the workforce without the 


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1 need for academic remediation, and to close the achieve2 ment gap between high- and low-performing children, es3 pecially the achievement gaps between minority and non4 minority students, and between disadvantaged children 

5 and their more advantaged peers, each local educational 

6 agency plan shall describe— 

7 ‘‘(1) how the local educational agency will work 

8 with each of the schools served by the agency so that 

9 students meet the State’s challenging academic 

10 standards by— 

11 ‘‘(A) developing and implementing a com12 prehensive program of instruction to meet the 

13 academic needs of all students; 

14 ‘‘(B) identifying quickly and effectively 

15 students who may be at risk for academic fail16 ure; 

17 ‘‘(C) providing additional educational as18 sistance to individual students determined as 

19 needing help in meeting the State’s challenging 

20 academic achievement standards; 

21 ‘‘(D) identifying significant gaps in stu22 dent academic achievement between each cat23 egory of students described in subclauses (I) 

24 through (IV) of section 1111(b)(2)(B)(viii) and 


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1 develop strategies to reduce such gaps in 

2 achievement; and 

3 ‘‘(E) identifying and implementing effec4 tive methods and instructional strategies that 

5 are based on scientifically valid research in6 tended to strengthen the core academic pro7 gram of the school; 

8 ‘‘(2) how the local educational agency will mon9 itor and evaluate the effectiveness of school pro10 grams in improving student academic achievement, 

11 especially for students not meeting the State’s chal12 lenging academic achievement standards; 

13 ‘‘(3)(A) how the local educational agency will 

14 meet the requirements of section 1119 regarding the 

15 qualifications of teachers and paraprofessionals; and 

16 ‘‘(B) how the local educational agency, through 

17 incentives for voluntary transfers, recruitment pro18 grams, incentive pay, performance- or merit-based 

19 pay systems, or other effective strategies, will iden20 tify and address any disparities that result in low21 income students and minority students being taught 

22 at higher rates than other students by ineffective, 

23 out-of-field, or inexperienced teachers; 

24 ‘‘(4) the actions the local educational agency 

25 will take to assist schools identified under section 


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1 1114(a)(1)(B) and other schools also determined by 

2 the local educational agency to be in need of assist3 ance to improve student academic achievement, and 

4 the funds used to conduct such actions; 

5 ‘‘(5) the programs to be conducted by such 

6 agency’s schools under section 1113, and where ap7 propriate, educational services outside such schools 

8 for children living in local institutions for neglected 

9 or delinquent children, and for neglected and delin10 quent children in community day school programs; 

11 ‘‘(6) the services the local educational agency 

12 will provide homeless children, including services 

13 provided with funds reserved under section 

14 1113(a)(3)(C)(i); 

15 ‘‘(7) the strategy the local educational agency 

16 will use to implement effective parental involvement 

17 under section 1118; 

18 ‘‘(8) how the local educational agency will co19 ordinate and integrate services provided under this 

20 part with preschool educational services at the local 

21 educational agency or individual school level, includ22 ing plans for the transition of participants in such 

23 programs to local elementary school programs, and, 

24 if appropriate, a description of how the local edu25 cational agency will use funds under this part to 


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1 support preschool programs for children, particularly 

2 children participating in a Head Start program, 

3 which may be provided directly by the local edu4 cational agency or through a subcontract with the 

5 local Head Start agency designated by the Secretary 

6 of Health and Human Services under section 641 of 

7 the Head Start Act, or another comparable public 

8 early childhood development program; 

9 ‘‘(9) how the local educational agency will co10 ordinate programs and integrate services under this 

11 part with other Federal, State, and local services 

12 and programs; and 

13 ‘‘(10) how teachers, in consultation with par14 ents, administrators, and pupil services personnel, in 

15 targeted assistance schools under section 1113, will 

16 identify the eligible children most in need of services 

17 under this part. 

18 ‘‘(c) ASSURANCES.—Each local educational agency 

19 plan shall provide assurances that the local educational 

20 agency will— 

21 ‘‘(1) ensure that the results from the academic 

22 assessments required under section 1111(b)(2) will 

23 be provided to parents and teachers as soon as is 

24 practicably possible after the test is taken; 


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1 ‘‘(2) ensure that migratory children and for2 merly migratory children who are eligible to receive 

3 services under this part are selected to receive such 

4 services on the same basis as other children who are 

5 selected to receive services under this part; 

6 ‘‘(3) provide services to eligible children attend7 ing private elementary schools and secondary schools 

8 in accordance with section 1120, and timely and 

9 meaningful consultation with private school officials 

10 regarding such services; and 

11 ‘‘(4) participate, if selected, in the National As12 sessment of Educational Progress in 4th and 8th 

13 grade reading and mathematics carried out under 

14 section 303(b)(2) of the National Assessment of 

15 Educational Progress Authorization Act. 

16 ‘‘(d) SCHOOLWIDE PROGRAM PLANS.—In addition to 

17 the plan requirements described in subsection (c), for 

18 schools operating a schoolwide program under section 

19 1113(b)(2), the plan shall also include— 

20 ‘‘(1) a description of schoolwide reform strate21 gies that— 

22 ‘‘(A) provide opportunities for all children 

23 to meet the State’s challenging academic 

24 achievement standards under section 1111(b); 


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1 ‘‘(B) use effective methods and instruc2 tional strategies that are based on scientifically 

3 valid research that— 

4 ‘‘(i) strengthen the core academic pro5 gram in the school; and 

6 ‘‘(ii) increase the amount and quality 

7 of learning time and help provide an en8 riched and accelerated curriculum; and 

9 ‘‘(C) address the academic and other sup10 port needs of all children in the school; 

11 ‘‘(2) a list of State educational agency and local 

12 educational agency programs and other Federal pro13 grams that will be consolidated in the schoolwide 

14 program; and 

15 ‘‘(3) if appropriate, a description of how funds 

16 will be used to establish or enhance prekindergarten 

17 programs for children below the age of 6. 

18 ‘‘(e) TARGETED ASSISTANCE SCHOOL PLANS.—In 

19 addition to the plan requirements described in subsection 

20 (c), for schools operating a targeted assistance program 

21 under section 1113(b)(3), the plan shall also include— 

22 ‘‘(1) a description of— 

23 ‘‘(A) the process for determining which 

24 students will be served and the students to be 

25 served; 


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1 ‘‘(B) the assistance that will be provided to 

2 such students; and 

3 ‘‘(C) how the activities supported under 

4 this part will be coordinated with and incor5 porated into the regular education program of 

6 the school; and 

7 ‘‘(2) assurances that the school will— 

8 ‘‘(A) help provide an accelerated, high9 quality curriculum; 

10 ‘‘(B) minimize removing children from the 

11 regular classroom during regular school hours 

12 for instruction provided under this part; and 

13 ‘‘(C) on an ongoing basis, review the 

14 progress of participating children and revise the 

15 plan under this section, if necessary, to provide 

16 additional assistance to enable such children to 

17 meet the State’s challenging academic achieve18 ment standards. 

19 ‘‘(f) PARENTS RIGHT-TO-KNOW.— 

20 ‘‘(1) TEACHER QUALIFICATIONS.— 

21 ‘‘(A) IN GENERAL.—At the beginning of 

22 each school year, a local educational agency 

23 that receives funds under this part shall notify 

24 the parents of each student attending any 

25 school receiving funds under this part that the 


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1 parents may request, and the agency will pro2 vide the parents on request (and in a timely 

3 manner), information regarding the professional 

4 qualifications of the student’s classroom teach5 ers, including, at a minimum, the following: 

6 ‘‘(i) Whether the teacher has met 

7 State qualification and licensing criteria 

8 for the grade levels and subject areas in 

9 which the teacher provides instruction. 

10 ‘‘(ii) Whether the teacher is teaching 

11 under emergency or other provisional sta12 tus through which State qualification or li13 censing criteria have been waived. 

14 ‘‘(iii) Whether the child is provided 

15 services by paraprofessionals and, if so, 

16 whether each such paraprofessional meets 

17 the qualifications required under section 

18 1119. 

19 ‘‘(B) ADDITIONAL INFORMATION.—In ad20 dition to the information that parents may re21 quest under subparagraph (A), a school that re22 ceives funds under this part shall provide to 

23 each individual parent— 

24 ‘‘(i) information on the level of 

25 achievement of the parent’s child in each 


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1 of the State academic assessments as re2 quired under this part; and 

3 ‘‘(ii) timely notice that the parent’s 

4 child has been assigned, or has been 

5 taught for 4 or more consecutive weeks by, 

6 a teacher who does not meet applicable 

7 State certification or licensure require8 ments. 

9 ‘‘(2) LANGUAGE INSTRUCTION.— 

10 ‘‘(A) NOTICE.—Each local educational 

11 agency using funds under this part to provide 

12 a language instruction educational program as 

13 determined under title III shall, not later than 

14 30 days after the beginning of the school year, 

15 inform a parent or parents of an English lan16 guage learner identified for participation or 

17 participating in such a program of— 

18 ‘‘(i) the reasons for the identification 

19 of their child as an English language 

20 learner and in need of placement in a lan21 guage instruction educational program; 

22 ‘‘(ii) the child’s level of English pro23 ficiency, how such level was assessed, and 

24 the status of the child’s academic achieve25 ment; 


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1 ‘‘(iii) the methods of instruction used 

2 in the program in which their child is, or 

3 will be participating, and the methods of 

4 instruction used in other available pro5 grams, including how such programs differ 

6 in content, instructional goals, and the use 

7 of English and a native language in in8 struction; 

9 ‘‘(iv) how the program in which their 

10 child is, or will be participating, will meet 

11 the educational strengths and needs of 

12 their child; 

13 ‘‘(v) how such program will specifi14 cally help their child learn English and 

15 meet age-appropriate academic achieve16 ment standards for grade promotion and 

17 graduation; 

18 ‘‘(vi) the specific exit requirements for 

19 the program, including the expected rate of 

20 transition from such program into class21 rooms that are not tailored for English 

22 language learners, and the expected rate of 

23 graduation from secondary school for such 

24 program if funds under this part are used 

25 for children in secondary schools; 


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1 ‘‘(vii) in the case of a child with a dis2 ability, how such program meets the objec3 tives of the individualized education pro4 gram of the child, as described in section 

5 614(a)(1)(D) of the Individuals with Dis6 abilities Education Act; and 

7 ‘‘(viii) information pertaining to pa8 rental rights that includes written guid9 ance— 

10 ‘‘(I) detailing— 

11 ‘‘(aa) the right that parents 

12 have to have their child imme13 diately removed from such pro14 gram upon their request; and 

15 ‘‘(bb) the options that par16 ents have to decline to enroll 

17 their child in such program or to 

18 choose another program or meth19 od of instruction, if available; and 

20 ‘‘(II) assisting parents in select21 ing among various programs and 

22 methods of instruction, if more than 1 

23 program or method is offered by the 

24 eligible entity. 


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1 ‘‘(B) SPECIAL RULE APPLICABLE DURING

2 THE SCHOOL YEAR.—For those children who 

3 have not been identified as English language 

4 learners prior to the beginning of the school 

5 year but are identified as English language 

6 learners during such school year, the local edu7 cational agency shall notify the children’s par8 ents during the first 2 weeks of the child being 

9 placed in a language instruction educational 

10 program consistent with subparagraph (A). 

11 ‘‘(C) PARENTAL PARTICIPATION.—Each 

12 local educational agency receiving funds under 

13 this part shall implement an effective means of 

14 outreach to parents of English language learn15 ers to inform the parents regarding how the 

16 parents can be involved in the education of 

17 their children, and be active participants in as18 sisting their children to attain English pro19 ficiency, achieve at high levels in core academic 

20 subjects, and meet challenging State academic 

21 achievement standards and State academic con22 tent standards expected of all students, includ23 ing holding, and sending notice of opportunities 

24 for, regular meetings for the purpose of formuVerDate Mar 15 2010 02:56 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S1101.IS S1101

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1 lating and responding to recommendations from 

2 parents of students assisted under this part. 

3 ‘‘(D) BASIS FOR ADMISSION OR EXCLU4 SION.—A student shall not be admitted to, or 

5 excluded from, any federally assisted education 

6 program on the basis of a surname or language7 minority status. 

8 ‘‘(3) FORMAT.—The notice and information 

9 provided to parents under this subsection shall be in 

10 an understandable and uniform format and, to the 

11 extent practicable, provided in a language that the 

12 parents can understand. 

13 ‘‘SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS; 

14 SCHOOLWIDE PROGRAMS; TARGETED ASSIST15 ANCE PROGRAMS. 

16 ‘‘(a) ELIGIBLE SCHOOL ATTENDANCE AREAS.— 

17 ‘‘(1) DETERMINATION.— 

18 ‘‘(A) IN GENERAL.—A local educational 

19 agency shall use funds received under this part 

20 only in eligible school attendance areas. 

21 ‘‘(B) ELIGIBLE SCHOOL ATTENDANCE

22 AREAS.—In this part— 

23 ‘‘(i) the term ‘school attendance area’ 

24 means, in relation to a particular school, 

25 the geographical area in which the children 


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1 who are normally served by that school re2 side; and 

3 ‘‘(ii) the term ‘eligible school attend4 ance area’ means a school attendance area 

5 in which the percentage of children from 

6 low-income families is at least as high as 

7 the percentage of children from low-income 

8 families served by the local educational 

9 agency as a whole. 

10 ‘‘(C) RANKING ORDER.—If funds allocated 

11 in accordance with paragraph (3) are insuffi12 cient to serve all eligible school attendance 

13 areas, a local educational agency shall— 

14 ‘‘(i) annually rank, without regard to 

15 grade spans, such agency’s eligible school 

16 attendance areas in which the concentra17 tion of children from low-income families 

18 exceeds 75 percent from highest to lowest 

19 according to the percentage of children 

20 from low-income families; and 

21 ‘‘(ii) serve such eligible school attend22 ance areas in rank order. 

23 ‘‘(D) REMAINING FUNDS.—If funds remain 

24 after serving all eligible school attendance areas 


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1 under subparagraph (C), a local educational 

2 agency shall— 

3 ‘‘(i) annually rank such agency’s re4 maining eligible school attendance areas 

5 from highest to lowest either by grade 

6 span or for the entire local educational 

7 agency according to the percentage of chil8 dren from low-income families; and 

9 ‘‘(ii) serve such eligible school attend10 ance areas in rank order either within each 

11 grade-span grouping or within the local 

12 educational agency as a whole. 

13 ‘‘(E) MEASURES.—The local educational 

14 agency shall use the same measure of poverty, 

15 which measure shall be the number of children 

16 ages 5 through 17 in poverty counted in the 

17 most recent census data approved by the Sec18 retary, the number of children eligible for a free 

19 or reduced priced lunch under the Richard B. 

20 Russell National School Lunch Act, the number 

21 of children in families receiving assistance 

22 under the State program funded under part A 

23 of title IV of the Social Security Act, or the 

24 number of children eligible to receive medical 

25 assistance under the Medicaid program, or a 


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1 composite of such indicators, with respect to all 

2 school attendance areas in the local educational 

3 agency— 

4 ‘‘(i) to identify eligible school attend5 ance areas; 

6 ‘‘(ii) to determine the ranking of each 

7 area; and 

8 ‘‘(iii) to determine allocations under 

9 paragraph (3). 

10 ‘‘(F) EXCEPTION.—This subsection shall 

11 not apply to a local educational agency with a 

12 total enrollment of less than 1,000 children. 

13 ‘‘(G) WAIVER FOR DESEGREGATION

14 PLANS.—The Secretary may approve a local 

15 educational agency’s written request for a waiv16 er of the requirements of this paragraph and 

17 paragraph (3) and permit such agency to treat 

18 as eligible, and serve, any school that children 

19 attend with a State-ordered, court-ordered 

20 school desegregation plan or a plan that con21 tinues to be implemented in accordance with a 

22 State-ordered or court-ordered desegregation 

23 plan, if— 

24 ‘‘(i) the number of economically dis25 advantaged children enrolled in the school 


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1 is at least 25 percent of the school’s total 

2 enrollment; and 

3 ‘‘(ii) the Secretary determines on the 

4 basis of a written request from such agen5 cy and in accordance with such criteria as 

6 the Secretary establishes, that approval of 

7 that request would further the purposes of 

8 this part. 

9 ‘‘(2) LOCAL EDUCATIONAL AGENCY DISCRE10 TION.— 

11 ‘‘(A) IN GENERAL.—Notwithstanding para12 graph (1)(B), a local educational agency may— 

13 ‘‘(i) designate as eligible any school 

14 attendance area or school in which at least 

15 35 percent of the children are from low-in16 come families; 

17 ‘‘(ii) use funds received under this 

18 part in a school that is not in an eligible 

19 school attendance area, if the percentage 

20 of children from low-income families en21 rolled in the school is equal to or greater 

22 than the percentage of such children in a 

23 participating school attendance area of 

24 such agency; 


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1 ‘‘(iii) designate and serve a school at2 tendance area or school that is not eligible 

3 under this section, but that was eligible 

4 and that was served in the preceding fiscal 

5 year, but only for 1 additional fiscal year; 

6 and 

7 ‘‘(iv) elect not to serve an eligible 

8 school attendance area or eligible school 

9 that has a higher percentage of children 

10 from low-income families if— 

11 ‘‘(I) the school meets the com12 parability requirements of section 

13 1120A(b); 

14 ‘‘(II) the school is receiving sup15 plemental funds from other State or 

16 local sources that are spent according 

17 to the requirements of this section; 

18 and 

19 ‘‘(III) the funds expended from 

20 such other sources equal or exceed the 

21 amount that would be provided under 

22 this part. 

23 ‘‘(B) SPECIAL RULE.—Notwithstanding 

24 subparagraph (A)(iv), the number of children 

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1 ondary schools who are to receive services, and 

2 the assistance such children are to receive 

3 under this part, shall be determined without re4 gard to whether the public school attendance 

5 area in which such children reside is assisted 

6 under subparagraph (A). 

7 ‘‘(3) ALLOCATIONS.— 

8 ‘‘(A) IN GENERAL.—A local educational 

9 agency shall allocate funds received under this 

10 part to eligible school attendance areas or eligi11 ble schools, identified under paragraphs (1) and 

12 (2) in rank order, on the basis of the total 

13 number of children from low-income families in 

14 each area or school. 

15 ‘‘(B) SPECIAL RULE.— 

16 ‘‘(i) IN GENERAL.—Except as pro17 vided in clause (ii), the per-pupil amount 

18 of funds allocated to each school attend19 ance area or school under subparagraph 

20 (A) shall be at least 125 percent of the 

21 per-pupil amount of funds a local edu22 cational agency received for that year 

23 under the poverty criteria described by the 

24 local educational agency in the plan sub25 mitted under section 1112, except that this 


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1 clause shall not apply to a local edu2 cational agency that only serves schools in 

3 which the percentage of such children is 35 

4 percent or greater. 

5 ‘‘(ii) EXCEPTION.—A local edu6 cational agency may reduce the amount of 

7 funds allocated under clause (i) for a 

8 school attendance area or school by the 

9 amount of any supplemental State and 

10 local funds expended in that school attend11 ance area or school for programs that meet 

12 the requirements of this section. 

13 ‘‘(C) RESERVATION.—A local educational 

14 agency shall reserve such funds as are nec15 essary under this part to provide services com16 parable to those provided to children in schools 

17 funded under this part to serve— 

18 ‘‘(i) homeless children who do not at19 tend participating schools, including pro20 viding educationally related support serv21 ices to children in shelters and other loca22 tions where children may live; 

23 ‘‘(ii) children in local institutions for 

24 neglected children; and 


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1 ‘‘(iii) if appropriate, children in local 

2 institutions for delinquent children, and 

3 neglected or delinquent children in commu4 nity day school programs. 

5 ‘‘(b) SCHOOLWIDE PROGRAMS AND TARGETED AS6 SISTANCE SCHOOLS.— 

7 ‘‘(1) IN GENERAL.—For each school that will 

8 receive funds under this part, the local educational 

9 agency shall determine whether the school operates 

10 as a schoolwide program consistent with paragraph 

11 (2) or a targeted assistance school consistent with 

12 paragraph (3). 

13 ‘‘(2) SCHOOLWIDE PROGRAMS.— 

14 ‘‘(A) IN GENERAL.—A local educational 

15 agency may consolidate and use funds under 

16 this part, together with other Federal, State, 

17 and local funds, in order to upgrade the entire 

18 educational program of a school that serves an 

19 eligible school attendance area in which not less 

20 than 40 percent of the children are from low21 income families, or not less than 40 percent of 

22 the children enrolled in the school are from 

23 such families. 

24 ‘‘(B) IDENTIFICATION OF STUDENTS NOT

25 REQUIRED.— 


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1 ‘‘(i) IN GENERAL.—No school partici2 pating in a schoolwide program shall be re3 quired— 

4 ‘‘(I) to identify particular chil5 dren under this part as eligible to par6 ticipate in a schoolwide program; or 

7 ‘‘(II) to provide services to such 

8 children that are supplementary, as 

9 otherwise required by section 

10 1120A(a). 

11 ‘‘(ii) SUPPLEMENTAL FUNDS.—A 

12 school participating in a schoolwide pro13 gram shall use funds available to carry out 

14 this paragraph only to supplement the 

15 amount of funds that would, in the absence 

16 of funds under this part, be made available 

17 from non-Federal sources for the school, 

18 including funds needed to provide services 

19 that are required by law for children with 

20 disabilities and children who are English 

21 language learners. 

22 ‘‘(C) EXEMPTION FROM STATUTORY AND

23 REGULATORY REQUIREMENTS.— 

24 ‘‘(i) EXEMPTION.—The Secretary 

25 may, through publication of a notice in the 


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1 Federal Register, exempt schoolwide pro2 grams under this section from statutory or 

3 regulatory provisions of any other non4 competitive formula grant program admin5 istered by the Secretary (other than for6 mula or discretionary grant programs 

7 under the Individuals with Disabilities 

8 Education Act, except as provided in sec9 tion 613(a)(2)(D) of such Act), or any dis10 cretionary grant program administered by 

11 the Secretary, to support schoolwide pro12 grams if the intent and purposes of such 

13 other programs are met. 

14 ‘‘(ii) REQUIREMENTS.—A school that 

15 chooses to use funds from such other pro16 grams shall not be relieved of the require17 ments relating to health, safety, civil 

18 rights, student and parental participation 

19 and involvement, services to private school 

20 children, comparability of services, uses of 

21 Federal funds to supplement, not supplant 

22 non-Federal funds, or the distribution of 

23 funds to State educational agencies or local 

24 educational agencies that apply to the re25 ceipt of funds from such programs. 


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1 ‘‘(iii) RECORDS.—A school that con2 solidates and uses funds from different 

3 Federal programs under this paragraph 

4 shall not be required to maintain separate 

5 fiscal accounting records, by program, that 

6 identify the specific activities supported by 

7 those particular funds as long as the 

8 school maintains records that demonstrate 

9 that the schoolwide program, considered as 

10 a whole, addresses the intent and purposes 

11 of each of the Federal programs that were 

12 consolidated to support the schoolwide pro13 gram. 

14 ‘‘(D) PREKINDERGARTEN PROGRAM.—A 

15 school that is eligible for a schoolwide program 

16 under this paragraph may use funds made 

17 available under this part to establish or enhance 

18 prekindergarten programs for children below 

19 the age of 6. 

20 ‘‘(3) TARGETED ASSISTANCE SCHOOLS.— 

21 ‘‘(A) IN GENERAL.—In all schools selected 

22 to receive funds under subsection (a)(3) that 

23 are ineligible for a schoolwide program under 

24 paragraph (2), or that choose not to operate 

25 such a schoolwide program, a local educational 


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1 agency serving such school may use funds re2 ceived under this part only for programs that 

3 provide services to eligible children under sub4 paragraph (B) identified as having the greatest 

5 need for special assistance. 

6 ‘‘(B) ELIGIBLE CHILDREN.— 

7 ‘‘(i) ELIGIBLE POPULATION.— 

8 ‘‘(I) IN GENERAL.—The eligible 

9 population for services under this sec10 tion is— 

11 ‘‘(aa) children not older 

12 than age 21 who are entitled to 

13 a free public education through 

14 grade 12; and 

15 ‘‘(bb) children who are not 

16 yet at a grade level at which the 

17 local educational agency provides 

18 a free public education. 

19 ‘‘(II) ELIGIBLE CHILDREN FROM

20 ELIGIBLE POPULATION.—From the 

21 population described in subclause (I), 

22 eligible children are children identified 

23 by the school as failing, or most at 

24 risk of failing, to meet the State’s 

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1 ment standards on the basis of mul2 tiple, educationally related, objective 

3 criteria established by the local edu4 cational agency and supplemented by 

5 the school. 

6 ‘‘(ii) CHILDREN INCLUDED.— 

7 ‘‘(I) IN GENERAL.—Children who 

8 are economically disadvantaged, chil9 dren with disabilities, migrant chil10 dren, or children who are English lan11 guage learners, are eligible for serv12 ices under this part on the same basis 

13 as other children selected to receive 

14 services under this part. 

15 ‘‘(II) HEAD START AND PRE16 SCHOOL CHILDREN.—A child who, at 

17 any time in the 2 years preceding the 

18 year for which the determination is 

19 made, participated in a Head Start 

20 program, or in preschool services 

21 under this title, is eligible for services 

22 under this part. 

23 ‘‘(III) MIGRANT CHILDREN.—A 

24 child who, at any time in the 2 years 

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1 termination is made, received services 

2 under part C is eligible for services 

3 under this part. 

4 ‘‘(IV) NEGLECTED OR DELIN5 QUENT CHILDREN.—A child in a local 

6 institution for neglected or delinquent 

7 children and youth or attending a 

8 community day program for such chil9 dren is eligible for services under this 

10 part. 

11 ‘‘(V) HOMELESS CHILDREN.—A 

12 child who is homeless and attending 

13 any school served by the local edu14 cational agency is eligible for services 

15 under this part. 

16 ‘‘(iii) SPECIAL RULE.—Funds received 

17 under this part may not be used to provide 

18 services that are otherwise required by law 

19 to be made available to children described 

20 in clause (ii) but may be used to coordi21 nate or supplement such services. 

22 ‘‘(C) INTEGRATION OF PROFESSIONAL DE23 VELOPMENT.—To promote the integration of 

24 staff supported with funds under this part into 

25 the regular school program and overall school 


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1 planning and improvement efforts, public school 

2 personnel who are paid with funds received 

3 under this part may— 

4 ‘‘(i) participate in general professional 

5 development and school planning activities; 

6 and 

7 ‘‘(ii) assume limited duties that are 

8 assigned to similar personnel who are not 

9 so paid, including duties beyond classroom 

10 instruction or that do not benefit partici11 pating children, so long as the amount of 

12 time spent on such duties is the same pro13 portion of total work time as prevails with 

14 respect to similar personnel at the same 

15 school. 

16 ‘‘(D) SPECIAL RULES.— 

17 ‘‘(i) SIMULTANEOUS SERVICE.—Noth18 ing in this paragraph shall be construed to 

19 prohibit a school from serving students 

20 under this paragraph simultaneously with 

21 students with similar educational needs, in 

22 the same educational settings where appro23 priate. 

24 ‘‘(ii) COMPREHENSIVE SERVICES.—If 

25 health, nutrition, and other social services 


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1 are not otherwise available to eligible chil2 dren in a targeted assistance school and 

3 such school, if appropriate, has engaged in 

4 a comprehensive needs assessment and es5 tablished a collaborative partnership with 

6 local service providers and funds are not 

7 reasonably available from other public or 

8 private sources to provide such services, 

9 then a portion of the funds provided under 

10 this part may be used as a last resort to 

11 provide such services, including— 

12 ‘‘(I) the provision of basic med13 ical equipment, such as eyeglasses and 

14 hearing aids; 

15 ‘‘(II) compensation of a coordi16 nator; and 

17 ‘‘(III) professional development 

18 necessary to assist teachers, pupil 

19 services personnel, other staff, and 

20 parents in identifying and meeting the 

21 comprehensive needs of eligible chil22 dren. 

23 ‘‘SEC. 1114. SCHOOL IDENTIFICATION AND ASSISTANCE. 

24 ‘‘(a) STATE REVIEW AND RESPONSIBILITIES.— 


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1 ‘‘(1) IN GENERAL.—Each State educational 

2 agency receiving funds under this part shall use a 

3 system designed by the State in accordance with sec4 tion 1111(b)(3)(A) to annually— 

5 ‘‘(A) review the academic performance of 

6 each public school in the State to measure the 

7 progress of each public school served under this 

8 part in meeting the State’s challenging aca9 demic standards and any other measures deter10 mined appropriate by the State, by using— 

11 ‘‘(i) the State academic assessments 

12 described in section 1111(b)(2); 

13 ‘‘(ii) secondary school graduation 

14 rates, as appropriate; and 

15 ‘‘(iii) other indicators determined by 

16 the State; and 

17 ‘‘(B) identify the public schools that re18 ceive funds under this part and are in need of 

19 assistance for improving student academic 

20 achievement and any other measures deter21 mined appropriate by the State. 

22 ‘‘(2) STATE EDUCATIONAL AGENCY RESPON23 SIBILITIES.—The State educational agency shall— 


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1 ‘‘(A) make technical assistance available to 

2 local educational agencies that serve schools 

3 identified under paragraph (1)(B); 

4 ‘‘(B) if the State educational agency deter5 mines that a local educational agency failed to 

6 carry out its responsibilities under this section, 

7 take such actions as the State educational agen8 cy determines to be appropriate and in compli9 ance with State law; and 

10 ‘‘(C) inform local educational agencies of 

11 schools identified under subparagraph (1)(B) in 

12 a timely manner that is before the beginning of 

13 the school year. 

14 ‘‘(b) LOCAL EDUCATIONAL AGENCY REVIEW AND

15 RESPONSIBILITIES.— 

16 ‘‘(1) IN GENERAL.—Each local educational 

17 agency with a school identified under subsection 

18 (a)(1)(B) shall, in consultation with school per19 sonnel, parents, and the local community— 

20 ‘‘(A) conduct a review of such school and 

21 student achievement data, including data from 

22 the State assessments described in section 

23 1111(b)(2), to determine the factors that led to 

24 such identification; 


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1 ‘‘(B) conduct a review of the policies, pro2 cedures, personnel decisions, and budgetary de3 cisions of the local educational agency and the 

4 school that impact the school and could have 

5 contributed to the identification of the school; 

6 ‘‘(C) develop appropriate strategies, as de7 scribed under paragraph (3), for assisting the 

8 identified school; and 

9 ‘‘(D) develop a comprehensive plan for the 

10 successful implementation of the assistance 

11 strategies, including— 

12 ‘‘(i) technical assistance that will be 

13 provided to the school; 

14 ‘‘(ii) improved delivery of services to 

15 be provided by the local educational agen16 cy; 

17 ‘‘(iii) curriculum, program of instruc18 tion, or other services provided to students 

19 in the school; and 

20 ‘‘(iv) any changes to personnel nec21 essary to improve educational opportunities 

22 for children in the school. 

23 ‘‘(2) NOTICE TO PARENTS.—A local educational 

24 agency shall promptly provide to a parent or parents 


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1 of each student enrolled in a school identified under 

2 subsection (a)(1)(B)— 

3 ‘‘(A) an explanation of what the identifica4 tion means, and how the school compares in 

5 terms of academic achievement to other schools 

6 served by the local educational agency and the 

7 State educational agency involved; 

8 ‘‘(B) the reasons for the identification; 

9 ‘‘(C) an explanation of what the local edu10 cational agency or State educational agency is 

11 doing to help the school address the student 

12 academic achievement problem, including a de13 scription of the assistance strategies developed 

14 under paragraph (1)(C) that will be imple15 mented in the school; 

16 ‘‘(D) an explanation of how the parents 

17 can become involved in addressing the academic 

18 achievement issues that caused the school to be 

19 identified; and 

20 ‘‘(E) an explanation of the parents’ option 

21 to transfer their child to another public school 

22 under paragraph (4), if applicable. 

23 ‘‘(3) SCHOOL ASSISTANCE STRATEGIES.— 

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1 cational agency shall develop assistance strate2 gies for an identified school, which may include, 

3 among other strategies— 

4 ‘‘(i) replacing the principal who led 

5 the school before implementation of the 

6 strategy; 

7 ‘‘(ii) screening and replacing teachers 

8 that are not effective in improving student 

9 achievement, as determined by the State or 

10 local educational agency; 

11 ‘‘(iii) giving the school sufficient oper12 ational flexibility in programming, staffing, 

13 budgeting, and scheduling to fully imple14 ment a comprehensive strategy that is de15 signed to substantially improve student 

16 achievement and, if applicable, increase the 

17 graduation rate; 

18 ‘‘(iv) providing ongoing, high-quality 

19 professional development to instructional 

20 staff that is aligned with the school’s in21 structional program, facilitates effective 

22 teaching and learning, and supports the 

23 implementation of school turnaround 

24 model; 


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1 ‘‘(v) implementing strategies, such as 

2 financial incentives, increased opportunities 

3 for promotion and career growth, and more 

4 flexible work conditions, that are designed 

5 to recruit, place, and retain staff with the 

6 skills that are necessary to meet the needs 

7 of the students in the school; 

8 ‘‘(vi) using data to identify and imple9 ment a research-based instructional pro10 gram that is aligned with the State’s chal11 lenging academic standards or to inform 

12 and differentiate instruction in order to 

13 meet the academic needs of individual stu14 dents; 

15 ‘‘(vii) converting a school or closing 

16 and reopening the school— 

17 ‘‘(I) under a charter school oper18 ator, a charter management organiza19 tion, an education management orga20 nization, as a magnet school, or as an 

21 innovative school as defined under 

22 State law; and 

23 ‘‘(II) enrolling in the school, 

24 within the grades it serves, any 

25 former student from the identified 


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1 school who wishes to attend the 

2 school; 

3 ‘‘(viii) closing a school and enrolling 

4 the students who attended that school in 

5 other schools of the local educational agen6 cy that are higher performing; 

7 ‘‘(ix) adopting a new governance 

8 structure for the school; and 

9 ‘‘(x) any other strategies and activi10 ties that the local educational agency 

11 deems appropriate to address the needs of 

12 students in identified schools. 

13 ‘‘(B) STATE DETERMINED STRATEGIES.— 

14 Consistent with State law, a State educational 

15 agency may establish alternative State deter16 mined strategies that can be used by local edu17 cational agencies to assist a school identified 

18 under subsection (a)(1)(B), in addition to the 

19 assistance strategies developed by a local edu20 cational agency under subparagraph (A). 

21 ‘‘(4) PUBLIC SCHOOL CHOICE.— 

22 ‘‘(A) IN GENERAL.—In addition to the as23 sistance strategies developed under paragraph 

24 (3)(A), a local educational agency may, not 

25 later than 3 months before the first day of the 


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1 school year following identification under sub2 section (a)(1)(B), provide all students enrolled 

3 in the identified school with the option to trans4 fer to another public school served by the local 

5 educational agency, unless such an option is 

6 prohibited by State law. 

7 ‘‘(B) PRIORITY.—In providing students the 

8 option to transfer to another public school, the 

9 local educational agency shall give priority to 

10 the lowest achieving children from low-income 

11 families, as determined by the local educational 

12 agency for the purposes of allocating funds to 

13 schools under section 1113(a)(3). 

14 ‘‘(C) TREATMENT.—Students who use the 

15 option to transfer to another public school shall 

16 be enrolled in classes and other activities in the 

17 public school to which the students transfer in 

18 the same manner as all other children at the 

19 public school. 

20 ‘‘(D) SPECIAL RULE.—A local educational 

21 agency shall permit a child who transfers to an22 other public school under this paragraph to re23 main in that school until the child has com24 pleted the highest grade in that school. 

25 ‘‘(E) PROVISION OF TRANSPORTATION.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), a local educational 

3 agency shall provide, or shall pay for the 

4 provision of, transportation for a student 

5 who transfers under this paragraph to the 

6 public school to which the student trans7 fers. 

8 ‘‘(ii) EXCEPTION.—The obligation of 

9 a local educational agency to provide, or 

10 pay for the provision of, transportation for 

11 a student who transfers under this para12 graph ends at the end of a school year if 

13 the local educational agency determines 

14 that the school from which the student 

15 transferred is no longer identified under 

16 subsection (a)(1)(B). 

17 ‘‘SEC. 1115. RESERVED. 

18 ‘‘SEC. 1116. RESERVED. 

19 ‘‘SEC. 1117. RESERVED.’’; 

20 and 

21 (2) by striking section 1119 and inserting the 

22 following: 


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1 ‘‘SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARA2 PROFESSIONALS. 

3 ‘‘(a) TEACHERS.—Each local educational agency re4 ceiving assistance under this part shall ensure that all 

5 teachers working in a program supported with funds 

6 under this part meet applicable State certification and li7 censure requirements. 

8 ‘‘(b) PARAPROFESSIONALS.— 

9 ‘‘(1) IN GENERAL.—Each local educational 

10 agency receiving assistance under this part shall en11 sure that all paraprofessionals hired after the date 

12 of enactment of the No Child Left Behind Act of 

13 2001 (Public Law 107–110) and working in a pro14 gram supported with funds under this part have— 

15 ‘‘(A) completed not less than 2 years of 

16 study at an institution of higher education; 

17 ‘‘(B) obtained an associate’s (or higher) 

18 degree; or 

19 ‘‘(C) met a rigorous standard of quality 

20 and can demonstrate, through a formal State or 

21 local academic assessment— 

22 ‘‘(i) knowledge of, and the ability to 

23 assist in, instructing, reading, writing, and 

24 mathematics; or 

25 ‘‘(ii) knowledge of, and the ability to 

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1 ness, and mathematics readiness, as appro2 priate. 

3 ‘‘(2) CLARIFICATION.—The receipt of a sec4 ondary school diploma (or its recognized equivalent) 

5 shall be necessary but not sufficient to satisfy the 

6 requirements of paragraph (1)(C). 

7 ‘‘(c) EXCEPTIONS FOR TRANSLATION AND PARENTAL

8 INVOLVEMENT ACTIVITIES.—Subsection (b) shall not 

9 apply to a paraprofessional— 

10 ‘‘(1) who is proficient in English and a lan11 guage other than English and who provides services 

12 primarily to enhance the participation of children in 

13 programs under this part by acting as a translator; 

14 or 

15 ‘‘(2) whose duties consist solely of conducting 

16 parental involvement activities consistent with sec17 tion 1118. 

18 ‘‘(d) DUTIES OF PARAPROFESSIONALS.— 

19 ‘‘(1) IN GENERAL.—Each local educational 

20 agency receiving assistance under this part shall en21 sure that a paraprofessional working in a program 

22 supported with funds under this part is not assigned 

23 a duty inconsistent with this subsection. 

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1 tional service to a student under the direct super2 vision of a teacher or principal. 

3 ‘‘(3) RESPONSIBILITIES PARAPROFESSIONALS

4 MAY BE ASSIGNED.—A paraprofessional described in 

5 paragraph (1) may be assigned— 

6 ‘‘(A) to provide one-on-one tutoring for eli7 gible students, if the tutoring is scheduled at a 

8 time when a student would not otherwise re9 ceive instruction from a teacher; 

10 ‘‘(B) to assist with classroom management, 

11 such as organizing instructional and other ma12 terials; 

13 ‘‘(C) to provide assistance in a computer 

14 laboratory; 

15 ‘‘(D) to conduct parental involvement ac16 tivities; 

17 ‘‘(E) to provide support in a library or 

18 media center; 

19 ‘‘(F) to act as a translator; or 

20 ‘‘(G) to provide instructional services to 

21 students in accordance with paragraph (2).’’. 

22 SEC. 105. PARTICIPATION OF CHILDREN ENROLLED IN PRI23 VATE SCHOOLS. 

24 Section 1120(a) (20 U.S.C. 6320(a)) is amended by 

25 striking paragraph (4) and inserting the following: 


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1 ‘‘(4) EXPENDITURES.— 

2 ‘‘(A) IN GENERAL.—Expenditures for edu3 cational services and other benefits to eligible 

4 private school children shall be equal to the pro5 portion of funds allocated to the local edu6 cational agency based on the number of chil7 dren from low-income families who attend pri8 vate schools. 

9 ‘‘(B) TERM OF DETERMINATION.—The 

10 local educational agency may determine the eq11 uitable share each year or every 2 years. 

12 ‘‘(C) METHOD OF DETERMINATION.—The 

13 proportional share of funds shall be deter14 mined— 

15 ‘‘(i) based on the total allocation re16 ceived by the local educational agency; and 

17 ‘‘(ii) prior to any allowable expendi18 tures or transfers by the local educational 

19 agency.’’. 

20 SEC. 106. TITLE I FUNDS FOLLOW THE LOW-INCOME CHILD 

21 STATE OPTION. 

22 Subpart 2 of part A of title I (20 U.S.C. 6331 et 

23 seq.) is amended by adding at the end the following: 


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1 ‘‘SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME 

2 CHILD STATE OPTION. 

3 ‘‘(a) IN GENERAL.—Notwithstanding any other pro4 vision of law and to the extent permitted under State law, 

5 a State educational agency may allocate grant funds under 

6 this subpart among the local educational agencies in the 

7 State based on the number of eligible children enrolled in 

8 the public schools operated by each local educational agen9 cy. 

10 ‘‘(b) ELIGIBLE CHILD.— 

11 ‘‘(1) DEFINITION.—In this section, the term 

12 ‘eligible child’ means a child aged 5 to 17, inclusive, 

13 from a family with an income below the poverty level 

14 on the basis of the most recent satisfactory data 

15 published by the Department of Commerce. 

16 ‘‘(2) CRITERIA OF POVERTY.—In determining 

17 the families with incomes below the poverty level for 

18 the purposes of this section, a State educational 

19 agency shall use the criteria of poverty used by the 

20 Census Bureau in compiling the most recent decen21 nial census, as the criteria have been updated by in22 creases in the Consumer Price Index for All Urban 

23 Consumers, published by the Bureau of Labor Sta24 tistics. 

25 ‘‘(c) STUDENT ENROLLMENT IN PUBLIC SCHOOLS.— 


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1 ‘‘(1) IDENTIFICATION OF ELIGIBLE CHIL2 DREN.—On an annual basis, on a date to be deter3 mined by the State educational agency, each local 

4 educational agency that receives grant funding in ac5 cordance with subsection (a) shall inform the State 

6 educational agency of the number of eligible children 

7 enrolled in public schools served by the local edu8 cational agency. 

9 ‘‘(2) ALLOCATION TO LOCAL EDUCATIONAL

10 AGENCIES.—Based on the identification of eligible 

11 children in paragraph (1), the State educational 

12 shall provide to a local educational agency an 

13 amount equal to the sum of the amount available for 

14 each eligible child in the State multiplied by the 

15 number of eligible children identified by the local 

16 educational agency under paragraph (1). 

17 ‘‘(3) DISTRIBUTION TO SCHOOLS.—Each local 

18 educational agency that receives funds under para19 graph (2) shall distribute such funds to the public 

20 schools served by the local educational agency— 

21 ‘‘(A) based on the number of eligible chil22 dren enrolled in such schools; and 

23 ‘‘(B) in a manner that would, in the ab24 sence of such Federal funds, supplement the 

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1 sources for the education of pupils participating 

2 in programs under this part, and not to sup3 plant such funds.’’. 

4 SEC. 107. ACADEMIC ASSESSMENTS. 

5 Part B of title I (20 U.S.C. 6361 et seq.) is amended 

6 to read as follows: 

7 ‘‘PART B—ACADEMIC ASSESSMENTS 

8 ‘‘SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RE9 LATED ACTIVITIES. 

10 ‘‘The Secretary shall make grants to States to enable 

11 the States to carry out the following: 

12 ‘‘(1) To pay the costs of the development of the 

13 additional State assessments and standards required 

14 by section 1111(b), which may include the costs of 

15 working in voluntary partnerships with other States, 

16 at the sole discretion of each such State. 

17 ‘‘(2) If a State has developed the assessments 

18 required by section 1111(b), to administer those as19 sessments or to carry out other activities described 

20 in this part and other activities related to ensuring 

21 that the State’s schools and local educational agen22 cies are held accountable for results, such as the fol23 lowing: 

24 ‘‘(A) Expanding the range of appropriate 

25 accommodations available to English language 


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1 learners and students with disabilities to im2 prove the rates of inclusion in regular assess3 ments of such students, including professional 

4 development activities to improve the implemen5 tation of such accommodations in instructional 

6 practice. 

7 ‘‘(B) Developing or improving assessments 

8 for students with disabilities, including the de9 velopment of assessments— 

10 ‘‘(i) for all students, including stu11 dents with disabilities, using the principles 

12 of universal design; 

13 ‘‘(ii) aligned to modified State content 

14 standards; and 

15 ‘‘(iii) aligned to alternate State con16 tent standards for students with the most 

17 significant cognitive disabilities. 

18 ‘‘(C) Developing challenging academic con19 tent and student academic achievement stand20 ards and aligned assessments in academic sub21 jects for which standards and assessments are 

22 not required under section 1111(b). 

23 ‘‘(D) Developing or improving assessments 

24 of English language proficiency necessary to 

25 comply with section 1111(b)(2)(B)(vi)(IV). 


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1 ‘‘(E) Ensuring the continued validity and 

2 reliability of State assessments. 

3 ‘‘(F) Refining State assessments to ensure 

4 their continued alignment with the State’s aca5 demic content standards and to improve the 

6 alignment of curricula and instructional mate7 rials. 

8 ‘‘SEC. 1202. GRANTS FOR ENHANCED ASSESSMENT INSTRU9 MENTS. 

10 ‘‘(a) GRANT PROGRAM AUTHORIZED.— 

11 ‘‘(1) IN GENERAL.—From funds made available 

12 to carry out this part, the Secretary shall award, on 

13 a competitive basis, grants to State educational 

14 agencies to enable the agencies to carry out the ac15 tivities described in this section. 

16 ‘‘(2) APPLICATION.—A State educational agen17 cy that desires to receive a grant under this section 

18 shall submit an application to the Secretary at such 

19 time, in such manner, and containing such informa20 tion as the Secretary may require. 

21 ‘‘(3) AWARD OF GRANTS.—The Secretary shall 

22 award grants to State educational agencies whose 

23 applications demonstrate, to the satisfaction of the 

24 Secretary, that the following requirements of this 

25 section will be met: 


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1 ‘‘(A) Developing or improving assessments 

2 for students with disabilities, including the de3 velopment of assessments— 

4 ‘‘(i) for all students, including stu5 dents with disabilities, using the principles 

6 of universal design; 

7 ‘‘(ii) aligned to modified State content 

8 standards; and 

9 ‘‘(iii) aligned to alternate State con10 tent standards for students with the most 

11 significant cognitive disabilities. 

12 ‘‘(B) Collaborating with institutions of 

13 higher education, other research institutions, or 

14 other organizations to improve the quality, va15 lidity, and reliability of State academic assess16 ments. 

17 ‘‘(C) Measuring student academic achieve18 ment using multiple measures of student aca19 demic achievement from multiple sources. 

20 ‘‘(D) Measuring student progress or aca21 demic growth over time. 

22 ‘‘(E) Evaluating student academic achieve23 ment through the development of comprehensive 

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1 formance and technology-based academic as2 sessments. 

3 ‘‘(F) Developing or improving the quality, 

4 validity, and reliability of assessments for 

5 English language learners, including alternative 

6 assessments aligned with State content stand7 ards, testing accommodations for English lan8 guage learners, and assessments of English lan9 guage proficiency. 

10 ‘‘(b) ANNUAL REPORT.—Each State educational 

11 agency receiving a grant under this section shall submit 

12 an annual report to the Secretary describing its activities, 

13 and the result of those activities, under the grant. 

14 ‘‘SEC. 1203. FUNDING. 

15 ‘‘(a) ALLOTMENT OF APPROPRIATED FUNDS.— 

16 ‘‘(1) IN GENERAL.—From amounts made avail17 able for each fiscal year under subsection 1002(b) 

18 that are equal to or less than the amount described 

19 in section 1111(b)(2)(F) (referred to in this sub20 section as the ‘trigger amount’), the Secretary 

21 shall— 

‘‘(A) reserve 1 22 ⁄2 of 1 percent for the Bu23 reau of Indian Affairs; 

‘‘(B) reserve 1 24 ⁄2 of 1 percent for the out25 lying areas; and 


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1 ‘‘(C) from the remainder, allocate to each 

2 State an amount equal to— 

3 ‘‘(i) $3,000,000; and 

4 ‘‘(ii) with respect to any amounts re5 maining after the allocation is made under 

6 clause (i), an amount that bears the same 

7 relationship to such total remaining 

8 amounts as the number of students ages 5 

9 through 17 in the State (as determined by 

10 the Secretary on the basis of the most re11 cent satisfactory data) bears to the total 

12 number of such students in all States. 

13 ‘‘(2) REMAINDER.—Any amounts remaining for 

14 a fiscal year after the Secretary carries out para15 graph (1) shall be made available as follows: 

16 ‘‘(A)(i) To award funds under section 1202 

17 to States according to the quality, needs, and 

18 scope of the State application under that sec19 tion. 

20 ‘‘(ii) In determining the grant amount 

21 under clause (i), the Secretary shall ensure that 

22 a State’s grant shall include an amount that 

23 bears the same relationship to the total funds 

24 available under this paragraph for the fiscal 

25 year as the number of students ages 5 through 


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1 17 in the State (as determined by the Secretary 

2 on the basis of the most recent satisfactory 

3 data) bears to the total number of such stu4 dents in all States. 

5 ‘‘(B) Any amounts remaining after the 

6 Secretary awards funds under subparagraph 

7 (A) shall be allocated to each State that did not 

8 receive a grant under such subparagraph, in an 

9 amount that bears the same relationship to the 

10 total funds available under this subparagraph 

11 as the number of students ages 5 through 17 

12 in the State (as determined by the Secretary on 

13 the basis of the most recent satisfactory data) 

14 bears to the total number of such students in 

15 all States. 

16 ‘‘(3) PRIORITY.—The Secretary shall give pri17 ority to States that propose to conduct activities 

18 consistent with section 1202(a)(3)(A). 

19 ‘‘(b) STATE DEFINED.—In this section, the term 

20 ‘State’ means each of the 50 States, the District of Colum21 bia, and the Commonwealth of Puerto Rico.’’. 

22 SEC. 108. EVALUATIONS. 

23 Section 1501 (20 U.S.C. 6491) is amended— 

24 (1) in subsection (a)— 

25 (A) in paragraph (2)— 


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1 (i) in subparagraph (A), by striking 

2 ‘‘relative to the goal of all students reach3 ing the proficient level of achievement 

4 based on State academic assessments, 

5 challenging State academic content stand6 ards, and challenging State student aca7 demic achievement standards under section 

8 1111’’ and inserting ‘‘so that all students 

9 are prepared to graduate from high school 

10 ready to enter postsecondary education or 

11 the workforce without the need for aca12 demic remediation’’; 

13 (ii) by striking subparagraphs (D), 

14 (F), and (G); 

15 (iii) by redesignating subparagraphs 

16 (E), (H), (I), (J), (K), (L), (M), (N), and 

17 (O), as subparagraphs (D), (E), (F), (G), 

18 (H), (I), (J), (K), and (L), respectively; 

19 (iv) in subparagraph (D), as redesig20 nated by clause (iii)— 

21 (I) in clause (iii), by adding 

22 ‘‘and’’ after the semicolon; 

23 (II) in clause (iv), by striking ‘‘; 

24 and’’ and inserting a period; and 

25 (III) by striking clause (v); 


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1 (v) by striking subparagraph (F), as 

2 redesignated by clause (iii), and inserting 

3 the following: 

4 ‘‘(F) The extent to which actions author5 ized under section 1114(b) are implemented by 

6 State educational agencies and local educational 

7 agencies to improve the academic achievement 

8 of students in low-performing schools, and the 

9 effectiveness of such actions, including the fol10 lowing: 

11 ‘‘(i) The number of schools identified 

12 under section 1114(a)(1)(B) and the fac13 tors that lead to such identification. 

14 ‘‘(ii) The assistance strategies de15 signed and implemented by the State edu16 cational agency or the local educational 

17 agency and the impact of such strategies 

18 on improving student academic achieve19 ment and improving school performance. 

20 ‘‘(iii) If applicable, the number of par21 ents who take advantage of the public 

22 school choice provisions of this title, the 

23 costs (including transportation costs) asso24 ciated with implementing these provisions, 

25 the implementation of these provisions, 


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1 and the impact of these provisions (includ2 ing the impact of attending another school) 

3 on student achievement.’’; and 

4 (vi) in subparagraph (K), as redesig5 nated by clause (iii), by striking ‘‘section 

6 1111(b)(2)(C)(v)(II)’’ and inserting ‘‘sub7 clauses (I) through (IV) of section 

8 1111(b)(2)(B)(viii)’’; and 

9 (B) in paragraph (6)— 

10 (i) in subparagraph (A), by striking 

11 ‘‘the No Child Left Behind Act of 2001’’ 

12 and inserting ‘‘the Every Child Ready for 

13 College or Career Act of 2013’’; and 

14 (ii) in subparagraph (B), by striking 

15 ‘‘the No Child Left Behind Act of 2001’’ 

16 and inserting ‘‘the Every Child Ready for 

17 College or Career Act of 2013’’; and 

18 (2) in subsection (c)(2)(E), by striking ‘‘section 

19 1116’’ and inserting ‘‘section 1114(c)’’. 

20 SEC. 109. DEMONSTRATIONS OF INNOVATIVE PRACTICES. 

21 Part E of title I (20 U.S.C. 6491 et seq.) is amended 

22 by striking sections 1502 through 1504. 

23 SEC. 110. GENERAL PROVISIONS. 

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

25 (1) by striking parts F, G, and H; 


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1 (2) in section 1120A, by striking subsection (a) 

2 and redesignating subsections (b), (c), and (d), as 

3 subsections (a), (b), and (c); 

4 (3) by striking section 1908; 

5 (4) by redesignating part I as part F; 

6 (5) by redesignating sections 1901 through 

7 1907 as sections 1601 through 1607; and 

8 (6) in section 1604, as redesignated by para9 graph (5), by striking ‘‘6 local educational agencies’’ 

10 and inserting ‘‘25 local educational agencies’’ both 

11 places the term appears. 

12 SEC. 111. NATIONAL ASSESSMENT OF EDUCATIONAL 

13 PROGRESS. 

14 Section 305 of the National Assessment of Edu15 cational Progress Authorization Act (20 U.S.C. 9624) is 

16 amended— 

17 (1) by redesignating subsection (b) as sub18 section (c); and 

19 (2) by inserting after subsection (a) the fol20 lowing: 

21 ‘‘(b) STATE ASSESSMENTS.—For the purpose of ad22 ministering the State assessments under this title, there 

23 are authorized to be appropriated $72,000,000 for each 

24 of fiscal years 2014 through 2018.’’. 


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1 TITLE II—HIGH-QUALITY 

2 TEACHERS AND PRINCIPALS 

3 SEC. 201. HIGH-QUALITY TEACHERS AND PRINCIPALS. 

4 The Elementary and Secondary Education Act of 

5 1965 (20 U.S.C. 6301 et seq.) is amended— 

6 (1) by redesignating subpart 5 of part C of title 

7 II as subpart 3 of part E of title IX and moving 

8 that subpart to the end of part E of title IX; 

9 (2) by redesignating sections 2361 through 

10 2368 as sections 9541 through 9548, respectively; 

11 (3) by striking the subpart heading of subpart 

12 3 of part E of title IX, as redesignated by paragraph 

13 (1), and inserting the following: 

14 ‘‘Subpart 3—Teacher Liability Protection’’; 

15 (4) in section 9546(b), as redesignated by para16 graph (2), 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 (5) by redesignating subpart 4 of part D of title 

23 II as subpart 4 of part E of title IX and moving 

24 that subpart to follow subpart 3 of part E of title 

25 IX, as redesignated by paragraph (1); 


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1 (6) by redesignating section 2441 as section 

2 9551; 

3 (7) by striking the subpart heading of subpart 

4 4 of part E of title IX, as redesignated by paragraph 

5 (5), and inserting the following: 

6 ‘‘Subpart 4—Internet Safety’’; 

7 and 

8 (8) by striking title II and inserting the fol9 lowing: 

10 ‘‘TITLE II—PREPARING, TRAIN11 ING, AND RECRUITING HIGH12 QUALITY TEACHERS AND 

13 PRINCIPALS 

14 ‘‘SEC. 2101. PURPOSE. 

15 ‘‘The purpose of this title is to improve student aca16 demic achievement by— 

17 ‘‘(1) increasing the capacity of local educational 

18 agencies, schools, teachers, and principals to provide 

19 a well-rounded and complete education for all stu20 dents; 

21 ‘‘(2) improving teacher and principal quality 

22 and effectiveness; 

23 ‘‘(3) increasing the number of teachers and 

24 principals who are effective in improving student 

25 academic achievement in schools; and 


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1 ‘‘(4) ensuring that low-income and minority 

2 students are served by effective teachers and prin3 cipals and have access to a high-quality instructional 

4 program in the core academic subjects. 

5 ‘‘SEC. 2102. DEFINITIONS. 

6 ‘‘In this title: 

7 ‘‘(1) CORE ACADEMIC SUBJECTS.—The term 

8 ‘core academic subjects’ means English, reading or 

9 language arts, writing, science, technology, engineer10 ing, mathematics, foreign languages, civics and gov11 ernment, economics, arts, history, geography, music, 

12 and physical education. 

13 ‘‘(2) STATE.—The term ‘State’ means each of 

14 the 50 States, the District of Columbia, and the 

15 Commonwealth of Puerto Rico. 

16 ‘‘SEC. 2103. AUTHORIZATION OF APPROPRIATIONS. 

17 ‘‘(a) GRANTS TO STATES AND LOCAL EDUCATIONAL

18 AGENCIES.—There are authorized to be appropriated to 

19 carry out this title $3,045,058,000 for each of fiscal years 

20 2014 through 2018. 

21 ‘‘(b) NATIONAL ACTIVITIES.—From amounts appro22 priated under subsection (a) for each fiscal year, the Sec23 retary shall reserve not more than 5 percent to carry out 

24 activities authorized under section 2108. 


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1 ‘‘(c) TEACHER INCENTIVE FUND.—From amounts 

2 appropriated under subsection (a) for each fiscal year that 

3 remain after making the reservation under subsection (b), 

4 the Secretary shall reserve not less than 10 percent to 

5 carry out activities authorized under part B. 

6 ‘‘PART A—FUND FOR THE IMPROVEMENT OF 

7 TEACHING AND LEARNING 

8 ‘‘SEC. 2104. FORMULA GRANTS TO STATES. 

9 ‘‘(a) RESERVATION OF FUNDS.—From the total 

10 amount appropriated under section 2103(a) for a fiscal 

11 year after the Secretary makes the reservations under sub12 sections (b) and (c) of section 2103, the Secretary shall 

13 reserve— 

‘‘(1) 1 14 ⁄2 of 1 percent for allotments for the 

15 United States Virgin Islands, Guam, American 

16 Samoa, and the Commonwealth of the Northern 

17 Mariana Islands, to be distributed among those out18 lying areas on the basis of their relative need, as de19 termined by the Secretary, in accordance with the 

20 purpose of this part; and 

‘‘(2) 1 21 ⁄2 of 1 percent for the Secretary of the In22 terior for programs under this part in schools oper23 ated or funded by the Bureau of Indian Education. 

24 ‘‘(b) STATE ALLOTMENTS.— 


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1 ‘‘(1) IN GENERAL.—From the funds appro2 priated under section 2103(a) for a fiscal year that 

3 remains after the Secretary makes the reservations 

4 under paragraphs (1) and (2) and subsections (b) 

5 and (c) of section 2103, the Secretary shall allot to 

6 each State the sum of— 

7 ‘‘(A) an amount that bears the same rela8 tionship to 20 percent of the remaining amount 

9 as the number of individuals age 5 through 17 

10 in the State, as determined by the Secretary on 

11 the basis of the most recent satisfactory data, 

12 bears to the number of those individuals in all 

13 such States, as so determined; and 

14 ‘‘(B) an amount that bears the same rela15 tionship to 80 percent of the remaining amount 

16 as the number of individuals age 5 through 17 

17 from families with incomes below the poverty 

18 line, in the State, as determined by the Sec19 retary on the basis of the most recent satisfac20 tory data, bears to the number of those individ21 uals in all such States, as so determined. 

22 ‘‘(2) EXCEPTIONS.— 

23 ‘‘(A) SMALL STATE MINIMUM.—No State 

24 receiving an allotment under paragraph (1) may 

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1 maining amount allotted under such paragraph 

2 for a fiscal year. 

3 ‘‘(B) REALLOTMENT.—If a State does not 

4 receive an allotment under this title for a fiscal 

5 year, the Secretary shall reallot the amount of 

6 the State’s allotment to the remaining States in 

7 accordance with this section. 

8 ‘‘(c) STATE USE OF FUNDS.— 

9 ‘‘(1) IN GENERAL.—Each State that receives an 

10 allotment under this section shall reserve not less 

11 than 95 percent of the amount allotted to such State 

12 under subsection (b), for each fiscal year, to make 

13 subgrants to local educational agencies as described 

14 in section 2105. 

15 ‘‘(2) STATE ADMINISTRATION.—A State edu16 cational agency may use not more than 1 percent of 

17 the amount allotted to such State under subsection 

18 (b) for the administrative costs of carrying out such 

19 State educational agency’s responsibilities under this 

20 title. 

21 ‘‘(3) STATE ACTIVITIES.—The State edu22 cational agency for a State that receives an allot23 ment under subsection (a) may use funds not re24 served under paragraph (1) to carry out the fol25 lowing activities, which may be carried out through 


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1 a grant or contract with a for-profit or nonprofit en2 tity: 

3 ‘‘(A) Reforming teacher and principal cer4 tification, recertification, licensing, or tenure 

5 systems to ensure that— 

6 ‘‘(i) teachers have the necessary sub7 ject matter knowledge and teaching skills 

8 in the academic subjects that the teachers 

9 teach to help students meet challenging 

10 State standards; 

11 ‘‘(ii) principals have the instructional 

12 leadership skills to help teachers teach and 

13 to help students meet challenging State 

14 standards; and 

15 ‘‘(iii) teacher certification or licensing 

16 requirements are aligned with challenging 

17 State standards. 

18 ‘‘(B) Developing or improving teacher and 

19 principal evaluation systems that shall be based 

20 in significant part on evidence of student 

21 achievement and may include student growth 

22 and other measures determined by the State. 

23 ‘‘(C) Carrying out programs that establish, 

24 expand, or improve alternative routes for State 

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1 cially in the areas of mathematics and science, 

2 for— 

3 ‘‘(i) highly qualified individuals with a 

4 bachelor’s or master’s degree; 

5 ‘‘(ii) mid-career professionals from 

6 other occupations; 

7 ‘‘(iii) paraprofessionals; 

8 ‘‘(iv) former military personnel; and 

9 ‘‘(v) recent college or university grad10 uates with records of academic distinction 

11 who demonstrate the potential to become 

12 highly effective teachers or principals. 

13 ‘‘(D) Developing and implementing mecha14 nisms to assist local educational agencies and 

15 schools in effectively recruiting and retaining 

16 teachers and principals who are effective in im17 proving student academic achievement. 

18 ‘‘(E) Fulfilling the State educational agen19 cy’s responsibilities concerning proper and effi20 cient administration and monitoring of the pro21 grams carried out under this part, including 

22 provision of technical assistance to local edu23 cational agencies. 

24 ‘‘(F) Developing, or assisting local edu25 cational agencies in developing— 


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1 ‘‘(i) performance-based pay systems; 

2 ‘‘(ii) strategies that provide differen3 tial and bonus pay for teachers in high4 need academic subjects and teachers or 

5 principals in high-poverty schools and dis6 tricts; 

7 ‘‘(iii) teacher advancement initiatives 

8 that promote professional growth and em9 phasize multiple career paths and pay dif10 ferentiation; and 

11 ‘‘(iv) new teacher and principal induc12 tion and mentoring programs that are de13 signed to— 

14 ‘‘(I) improve instruction and stu15 dent learning and achievement; and 

16 ‘‘(II) increase the retention of ef17 fective teachers and principals. 

18 ‘‘(G) Providing assistance to local edu19 cational agencies for the development and im20 plementation of high-quality professional devel21 opment programs for principals that enable the 

22 principals to be effective school leaders and pre23 pare all students to meet challenging State aca24 demic content and student academic achieve25 ment standards, and the development and supVerDate Mar 15 2010 02:56 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\S1101.IS S1101

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1 port of school leadership academies to develop 

2 educational leaders. 

3 ‘‘(H) Supporting efforts to train teachers 

4 and principals to effectively integrate tech5 nology into curricula and instruction. 

6 ‘‘(I) Providing training, technical assist7 ance, and capacity building to local educational 

8 agencies that receive a subgrant under this 

9 title. 

10 ‘‘(J) Other activities identified by the State 

11 that meet the purpose of this part. 

12 ‘‘(d) STATE PLAN.— 

13 ‘‘(1) IN GENERAL.—In order to receive an allot14 ment under this section for any fiscal year, a State 

15 shall submit a plan to the Secretary, at such time, 

16 in such manner, and containing such information as 

17 the Secretary may reasonably require. 

18 ‘‘(2) CONTENTS.—Each plan described under 

19 paragraph (1) shall include the following: 

20 ‘‘(A) A description of how the State edu21 cational agency will use funds received under 

22 this title for State-level activities described in 

23 subsection (c). 

24 ‘‘(B) An assurance that the State edu25 cational agency will monitor the implementation 


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1 of activities under this title and provide tech2 nical assistance to local educational agencies in 

3 carrying out such activities. 

4 ‘‘(C) An assurance that the State edu5 cational agency will work in consultation with 

6 the entity responsible for teacher professional 

7 standards, certification, and licensing, to ensure 

8 that the State activities carried out under this 

9 subpart are carried out in conjunction with the 

10 entity responsible for such standards, certifi11 cation, and licensing under State law. 

12 ‘‘SEC. 2105. SUBGRANTS TO LOCAL EDUCATIONAL AGEN13 CIES. 

14 ‘‘(a) ALLOCATION OF FUNDS TO LOCAL EDU15 CATIONAL AGENCIES.— 

16 ‘‘(1) IN GENERAL.—A State educational agency 

17 that receives a grant under this title for a fiscal year 

18 shall provide the amount made available under sec19 tion 2104(c)(1) to award subgrants to local edu20 cational agencies from allocations described in para21 graph (2). 

22 ‘‘(2) ALLOCATION FORMULA.—From the funds 

23 described in paragraph (1), the State educational 

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1 cational agencies in the State for a fiscal year the 

2 sum of— 

3 ‘‘(A) an amount that bears the same rela4 tionship to 20 percent of the funds for such fis5 cal year as the number of individuals age 5 

6 through 17 in the geographic area served by the 

7 agency, as determined by the Secretary on the 

8 basis of the most recent satisfactory data, bears 

9 to the number of those individuals in the geo10 graphic areas served by all the local educational 

11 agencies in the State, as so determined; and 

12 ‘‘(B) an amount that bears the same rela13 tionship to 80 percent of the funds for such fis14 cal year as the number of individuals age 5 

15 through 17 from families with incomes below 

16 the poverty line in the geographic area served 

17 by the agency, as determined by the Secretary 

18 on the basis of the most recent satisfactory 

19 data, bears to the number of those individuals 

20 in the geographic areas served by all the local 

21 educational agencies in the State, as so deter22 mined. 

23 ‘‘(3) ADMINISTRATIVE COSTS.—Of the amount 

24 received under paragraph (2), a local educational 

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1 rect administrative costs of carrying out its respon2 sibilities under this title. 

3 ‘‘(b) LOCAL APPLICATIONS.— 

4 ‘‘(1) IN GENERAL.—To be eligible to receive a 

5 subgrant under this section, a local educational 

6 agency shall submit an application to the State edu7 cational agency at such time, in such manner, and 

8 containing such information as the State educational 

9 agency may reasonably require. 

10 ‘‘(2) NEEDS ASSESSMENT.— 

11 ‘‘(A) IN GENERAL.—To be eligible to re12 ceive a subgrant under this subpart, a local 

13 educational agency shall conduct a comprehen14 sive needs assessment of the local educational 

15 agency and of all schools within the jurisdiction 

16 of the local educational agency. 

17 ‘‘(B) REQUIREMENTS.—Such needs assess18 ment shall be designed to determine the schools 

19 with the most acute staffing needs related to— 

20 ‘‘(i) increasing the number of teachers 

21 and principals who are effective in improv22 ing student academic achievement; 

23 ‘‘(ii) ensuring that low-income and mi24 nority students are served by effective 

25 teachers and principals and have access to 


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1 a high-quality instructional program in the 

2 core academic subjects; 

3 ‘‘(iii) hiring, retention, and promotion; 

4 ‘‘(iv) understanding and using data 

5 and assessments to improve student learn6 ing and classroom practice; 

7 ‘‘(v) improving student behavior in the 

8 classroom and school, including the identi9 fication of early and appropriate interven10 tions; and 

11 ‘‘(vi) teaching students who are 

12 English language learners and students 

13 with disabilities. 

14 ‘‘(3) CONSULTATION.— 

15 ‘‘(A) IN GENERAL.—In conducting a needs 

16 assessment as described in paragraph (2), a 

17 local educational agency shall— 

18 ‘‘(i) involve teachers, principals, pupil 

19 services personnel, parents, community20 based organizations, and others with rel21 evant and demonstrated expertise in pro22 grams and activities designed to meet the 

23 purpose of this part; and 

24 ‘‘(ii) take into account the activities 

25 that need to be conducted in order to give 


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1 teachers and principals the skills to provide 

2 students with the opportunity to meet chal3 lenging State standards. 

4 ‘‘(B) CONTINUED CONSULTATION.—A local 

5 educational agency shall consult with such indi6 viduals and organizations described in subpara7 graph (A) on an ongoing basis in order to— 

8 ‘‘(i) seek advice regarding how best to 

9 improve the local educational agency’s ac10 tivities to meet the purpose of this part; 

11 and 

12 ‘‘(ii) coordinate the local educational 

13 agency’s activities under this part with 

14 other related strategies, programs, and ac15 tivities being conducted in the community. 

16 ‘‘(4) CONTENTS.—Each application submitted 

17 under this section shall be based on the results of 

18 the needs assessment required under paragraph (2) 

19 and shall include the following: 

20 ‘‘(A) A description of the results of the 

21 comprehensive needs assessment carried out 

22 under paragraph (2). 

23 ‘‘(B) A description of the activities to be 

24 carried out by the local educational agency 

25 under this section and how these activities will 


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1 be aligned with the State’s challenging aca2 demic standards. 

3 ‘‘(C) An assurance that such activities will 

4 comply with the principles of effectiveness de5 scribed in section 2106(b). 

6 ‘‘(D) A description of the professional de7 velopment activities that will be made available 

8 to teachers and principals to meet needs identi9 fied by the needs assessment described in para10 graph (2). 

11 ‘‘(E) A description of how the local edu12 cational agency will support efforts to train 

13 teachers and principals to effectively integrate 

14 technology into curricula and instruction. 

15 ‘‘(F) An assurance that the local edu16 cational agency will comply with section 9501 

17 (regarding participation by private school chil18 dren and teachers). 

19 ‘‘(G) A description of how the local edu20 cational agency will prioritize funds to schools 

21 served by the agency that are identified under 

22 section 1114(a)(1)(B) and have the highest per23 centage or number of children counted under 

24 section 1124(c). 


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1 ‘‘(H) An assurance that the local edu2 cational agency will coordinate professional de3 velopment activities authorized under this sub4 part with professional development activities 

5 provided through other Federal, State, and 

6 local programs. 

7 ‘‘SEC. 2106. LOCAL USE OF FUNDS. 

8 ‘‘(a) IN GENERAL.—A local educational agency that 

9 receives a subgrant under section 2105 shall use the funds 

10 made available through the subgrant to develop, imple11 ment, and evaluate comprehensive programs and activi12 ties, which may be carried out through a grant or contract 

13 with a for-profit or nonprofit entity, that are in accordance 

14 with the purposes of this title and— 

15 ‘‘(1) meet the needs identified in the needs as16 sessment described in 2105(b)(2); 

17 ‘‘(2) are consistent with the principles of effec18 tiveness described in subsection (b); and 

19 ‘‘(3) may include, among other programs and 

20 activities— 

21 ‘‘(A) developing or improving a rigorous, 

22 transparent, and fair evaluation system for 

23 teachers and principals that shall be based in 

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1 ment, and may include student growth as a sig2 nificant factor; 

3 ‘‘(B) developing and implementing initia4 tives to assist in recruiting, hiring, and retain5 ing highly effective teachers and principals, par6 ticularly in high-poverty schools with high per7 centages of ineffective teachers and high per8 centages of students who do not meet State-de9 termined proficient levels of achievement in the 

10 core academic subjects, including initiatives 

11 that provide— 

12 ‘‘(i) differential, incentive, or bonus 

13 pay for teachers in high-need academic 

14 subject areas and specialty areas; 

15 ‘‘(ii) performance-based pay systems 

16 for teachers and principals; 

17 ‘‘(iii) teacher advancement, profes18 sional growth, and emphasis on multiple 

19 career paths and pay differentiation; and 

20 ‘‘(iv) new teacher and principal induc21 tion and mentoring programs that are de22 signed to improve instruction, student 

23 learning and achievement, and to increase 

24 teacher and principal retention; 


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1 ‘‘(C) recruiting qualified individuals from 

2 other fields, including mid-career professionals 

3 from other occupations, former military per4 sonnel, and recent graduates of an institution 

5 of higher education with a record of academic 

6 distinction who demonstrate potential to become 

7 effective teachers or principals; 

8 ‘‘(D) establishing, improving, or expanding 

9 model instructional programs in the core aca10 demic subjects to ensure that all children re11 ceive a well-rounded and complete education; 

12 ‘‘(E) providing high-quality professional 

13 development for teachers and principals focused 

14 on improving teaching and student learning and 

15 achievement in the core academic subjects, in16 cluding supporting efforts to train teachers and 

17 principals to effectively integrate technology 

18 into curricula and instruction; 

19 ‘‘(F) developing programs and activities 

20 that increase the ability of teachers to effec21 tively teach students with disabilities, including 

22 students with significant cognitive disabilities, 

23 which may include the use of response to inter24 vention and positive behavioral intervention and 

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1 guage learners so that such students can meet 

2 the State’s challenging academic content and 

3 student academic achievement standards; 

4 ‘‘(G) providing students with increased ac5 cess to up-to-date school library materials, a 

6 well-equipped, technologically advanced school 

7 library media center, and well-trained profes8 sionally certified school library media specialist; 

9 ‘‘(H) providing programs and activities to 

10 help students prepare for postsecondary level 

11 coursework in the core academic subjects, in12 cluding early college or dual enrollment pro13 grams, Advanced Placement and International 

14 Baccalaureate programs, and other advanced 

15 learning programs, including programs to meet 

16 the educational needs of gifted and talented 

17 students; 

18 ‘‘(I) providing programs that support ex19 tended learning opportunities in the core aca20 demic subjects, including before and after 

21 school programs, summer school programs, and 

22 programs that extend the school day, week, or 

23 school-year calendar; 


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1 ‘‘(J) providing general liability insurance 

2 coverage for the purchase by teachers related to 

3 actions performed in their scope of duties; and 

4 ‘‘(K) carrying out other activities identified 

5 by the local educational agencies that meet the 

6 purpose of this part. 

7 ‘‘(b) PRINCIPLES OF EFFECTIVENESS.— 

8 ‘‘(1) IN GENERAL.—For a program or activity 

9 developed pursuant to this title to meet the prin10 ciples of effectiveness, such program or activity 

11 shall— 

12 ‘‘(A) be based upon an assessment of ob13 jective data regarding the need for programs 

14 and activities in the schools to be served to— 

15 ‘‘(i) increase the number of teachers 

16 and principals who are effective in improv17 ing student academic achievement; and 

18 ‘‘(ii) ensure that low-income and mi19 nority students are served by effective 

20 teachers and principals and have access to 

21 a high-quality instructional program in the 

22 core academic subjects; 

23 ‘‘(B) be based upon an established set of 

24 performance measures aimed at ensuring that 

25 all students receive a high-quality education in 


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1 the core academic subjects, taught by effective 

2 teachers, that result in improved student aca3 demic achievement in the school served by the 

4 program; 

5 ‘‘(C) reflect, to the extent practicable, sci6 entifically valid research, or in the absence of a 

7 strong research base, reflect best practices in 

8 the field, that provides evidence that the pro9 gram or activity will improve student academic 

10 achievement in the core academic subjects; and 

11 ‘‘(D) include meaningful and ongoing con12 sultation with and input from teachers, prin13 cipals, and parents, in the development of the 

14 application and administration of the program 

15 or activity. 

16 ‘‘(2) PERIODIC EVALUATION.— 

17 ‘‘(A) IN GENERAL.—The program or activ18 ity shall undergo a periodic evaluation to assess 

19 its progress toward achieving the goal of pro20 viding students with a high-quality education in 

21 the core academic subjects, taught by effective 

22 teachers, that results in improved student aca23 demic achievement. 


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1 ‘‘(B) USE OF RESULTS.—The results of 

2 evaluations described under subparagraph (A) 

3 shall be— 

4 ‘‘(i) used to refine, improve, and 

5 strengthen the program or activity, and to 

6 refine the performance measures; and 

7 ‘‘(ii) made available to the public upon 

8 request, with public notice of such avail9 ability provided. 

10 ‘‘SEC. 2107. REPORTING. 

11 ‘‘(a) IN GENERAL.—Each State educational agency 

12 receiving funds under this title shall submit to the Sec13 retary a report that provides— 

14 ‘‘(1) the number of teachers and principals in 

15 the State who are licensed and certified; 

16 ‘‘(2) the number of teachers in the State who 

17 are licensed and certified to teach in their field of 

18 study; 

19 ‘‘(3) the number of teachers and principals in 

20 the State who have received emergency licensure; 

21 ‘‘(4) the passage rate of teacher and principal 

22 licensure examinations; and 

23 ‘‘(5) if applicable, results of teacher and prin24 cipal evaluation systems. 


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1 ‘‘(b) LOCAL EDUCATIONAL AGENCY REPORT.—Each 

2 local educational agency receiving funds under this title 

3 shall submit to the State educational agency such informa4 tion that the State requires, which shall include the infor5 mation listed in subsection (a). 

6 ‘‘(c) AVAILABILITY.—The reports and information 

7 provided under subsections (a) and (b) shall be made read8 ily available to the public. 

9 ‘‘SEC. 2108. NATIONAL ACTIVITIES OF DEMONSTRATED EF10 FECTIVENESS. 

11 ‘‘(a) PURPOSE.—The purpose of this section is to 

12 promote innovative instruction and learning strategies by 

13 nationally recognized organizations with a proven track 

14 record of effectiveness in providing preparation and pro15 fessional development activities and programs for teachers 

16 and principals, particularly in underserved areas. 

17 ‘‘(b) TECHNICAL ASSISTANCE AND NATIONAL EVAL18 UATION.—From the funds reserved by the Secretary 

19 under section 2103(b) to carry out this section, the Sec20 retary may reserve not more than 20 percent to carry out 

21 directly or through grants and contracts— 

22 ‘‘(1) technical assistance to States and local 

23 educational agencies carrying out activities under 

24 this part; and 


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1 ‘‘(2) national evaluations of activities carried 

2 out by States and local educational agencies under 

3 this part. 

4 ‘‘(c) PROGRAMS OF NATIONAL SIGNIFICANCE.— 

5 From the funds reserved by the Secretary under section 

6 2103(b), and not reserved under subsection (b), the Sec7 retary shall award grants, on a competitive basis, to eligi8 ble entities for the purposes of— 

9 ‘‘(1) providing teachers and school leaders from 

10 non-traditional preparation and certification routes 

11 to serve in traditionally underserved local education 

12 agencies; 

13 ‘‘(2) providing professional development activi14 ties that addresses literacy, numeracy, remedial, or 

15 other needs of local education agencies and their 

16 students; or 

17 ‘‘(3) making freely available services and learn18 ing opportunities to local education agencies through 

19 partnerships and cooperative agreements or by mak20 ing publicly accessible through the Internet or other 

21 widely available means. 

22 ‘‘(d) PROGRAM PERIODS AND DIVERSITY OF

23 PROJECTS.— 

24 ‘‘(1) IN GENERAL.—A grant awarded by the 

25 Secretary to an eligible entity under this section 


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1 shall be of sufficient size, for a period of not more 

2 than 3 years, and may be renewed by the Secretary 

3 for an additional 2 year period. 

4 ‘‘(2) DIVERSITY OF PROJECTS.—The Secretary 

5 shall ensure that reach eligible entity will serve dif6 ferent areas, including urban, suburban, and rural 

7 areas. 

8 ‘‘(3) LIMITATION.—The Secretary may not 

9 award more than one grant to an eligible entity dur10 ing a grant period. 

11 ‘‘(e) COST-SHARING.— 

12 ‘‘(1) IN GENERAL.—An eligible entity that re13 ceives a grant under this section, shall provide, from 

14 non-Federal sources, not less than 50 percent of the 

15 funds for the total cost for each year of activities 

16 carried out under this section. 

17 ‘‘(2) ACCEPTABLE CONTRIBUTIONS.—An eligi18 ble entity that receives a grant under this section 

19 may meet the requirement of paragraph (1) by pro20 viding contributions in cash or in kind, fairly evalu21 ated, including plant, equipment, and services. 

22 ‘‘(3) WAIVERS.—The Secretary may waive or 

23 modify the requirement of paragraph (1) in cases of 

24 demonstrated financial hardship. 


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1 ‘‘(f) APPLICATIONS.—In order to receive a grant 

2 under this section, an eligible entity shall submit an appli3 cation to the Secretary in such time and in such manner 

4 that the Secretary may require, which shall include, at a 

5 minimum, a certification that the eligible entity will pro6 vide services to the local educational agency and schools 

7 it serves at no cost to its students or parents. 

8 ‘‘(g) DEFINITION OF ELIGIBLE ENTITY.—In this sec9 tion, the term ‘eligible entity’ means— 

10 ‘‘(1) an institution of higher education, as de11 fined in section 102 of the Higher Education Act of 

12 1965, that provides course materials or resources 

13 that are research proven in increasing academic 

14 achievement; or 

15 ‘‘(2) a national nonprofit or for-profit organiza16 tion with a demonstrated track record of raising stu17 dent academic achievement, graduation rates, and 

18 college-going rates. 

19 ‘‘SEC. 2109. PROHIBITION AGAINST FEDERAL MANDATES, 

20 DIRECTION, OR CONTROL. 

21 ‘‘Nothing in this title shall be construed to authorize 

22 the Secretary or any other officer or employee of the Fed23 eral Government to mandate, direct, control, or exercise 

24 any direction or supervision over a State, local educational 

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1 riculum, program of instruction, academic content and 

2 student academic achievement standards, or academic as3 sessments. 

4 ‘‘SEC. 2110. SUPPLEMENT, NOT SUPPLANT. 

5 ‘‘Funds made available under this title shall be used 

6 to supplement, and not supplant, non-Federal funds that 

7 would otherwise be used for activities authorized under 

8 this title. 

9 ‘‘PART B—TEACHER INCENTIVE FUND 

10 ‘‘SEC. 2201. PURPOSES; DEFINITIONS. 

11 ‘‘(a) PURPOSES.—The purposes of this part are— 

12 ‘‘(1) to assist States, local educational agencies, 

13 and nonprofit organizations to develop, implement, 

14 improve, or expand comprehensive performance15 based compensation systems for teachers and prin16 cipals, especially for teachers and principals in high17 need schools, who raise student academic achieve18 ment and close the achievement gap; and 

19 ‘‘(2) to study and review performance-based 

20 compensation systems for teachers and principals to 

21 evaluate the effectiveness, fairness, quality, consist22 ency, and reliability of the systems. 

23 ‘‘(b) DEFINITIONS.—In this part: 

24 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en25 tity’ means— 


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1 ‘‘(A) a local educational agency or a con2 sortium of local educational agencies, including 

3 a charter school that is a local educational 

4 agency; 

5 ‘‘(B) a State educational agency, or other 

6 State agency designated by the chief executive 

7 of a State to participate under this part; or 

8 ‘‘(C) a partnership consisting of— 

9 ‘‘(i) one or more agencies described in 

10 subparagraph (A) or (B); and 

11 ‘‘(ii) at least 1 nonprofit or for-profit 

12 organization. 

13 ‘‘(2) HIGH-NEED LOCAL EDUCATIONAL AGEN14 CY.—The term ‘high-need local educational agency’ 

15 means a local educational agency— 

16 ‘‘(A)(i) that serves not fewer than 10,000 

17 children from families with incomes below the 

18 poverty line; or 

19 ‘‘(ii) 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; and 

22 ‘‘(B)(i) for which there is a high percent23 age of teachers not teaching in the academic 

24 subjects or grade levels that the teachers were 

25 trained to teach; or 


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1 ‘‘(ii) for which there is a high percentage 

2 of teachers with emergency, provisional, or tem3 porary certification or licensing. 

4 ‘‘(3) HIGH-NEED SCHOOL.—The term ‘high5 need school’ means a school that— 

6 ‘‘(A) is located in an area in which the per7 centage of students from families with incomes 

8 below the poverty line is 30 percent or more; or 

9 ‘‘(B)(i) has a high percentage of out-of10 field teachers; 

11 ‘‘(ii) is within the top quartile of elemen12 tary schools and secondary schools statewide, as 

13 ranked by the number of unfilled, available 

14 teaching positions at the schools; 

15 ‘‘(iii) has a high teacher turnover rate; or 

16 ‘‘(iv) has a high percentage of teachers 

17 who are not certified or licensed. 

18 ‘‘(4) PERFORMANCE-BASED COMPENSATION

19 SYSTEM.—The term ‘performance-based compensa20 tion system’ means a system of compensation for 

21 teachers and principals that— 

22 ‘‘(A) differentiates levels of compensation 

23 primarily on the basis of measurable increases 

24 in student academic achievement; and 

25 ‘‘(B) may include— 


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1 ‘‘(i) differentiated levels of compensa2 tion on the basis of effective teachers’ and 

3 principals’ employment and success in 

4 hard-to-staff schools or high-need subject 

5 areas; and 

6 ‘‘(ii) recognition of the skills and 

7 knowledge of teachers and principals as 

8 demonstrated through— 

9 ‘‘(I) successful fulfillment of ad10 ditional responsibilities or job func11 tions; and 

12 ‘‘(II) evidence of high achieve13 ment and mastery of content knowl14 edge and superior teaching skills. 

15 ‘‘SEC. 2202. TEACHER INCENTIVE FUND GRANTS. 

16 ‘‘(a) IN GENERAL.—From the amounts appropriated 

17 to carry out this part, the Secretary is authorized to award 

18 grants, on a competitive basis, to eligible entities to enable 

19 the eligible agencies to develop, implement, improve, or ex20 pand a performance-based compensation system in a 

21 school served by a project under this part. 

22 ‘‘(b) PRIORITY.—In awarding a grant under this 

23 part, the Secretary shall give priority to an eligible entity 

24 that concentrates the activities proposed to be assisted 


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1 under the grant on teachers and principals serving in high2 need schools. 

3 ‘‘(c) APPLICATIONS.—To be eligible to receive a grant 

4 under this part, an eligible entity shall submit an applica5 tion to the Secretary, at such time and in such manner 

6 as the Secretary may reasonably require. The application 

7 shall include— 

8 ‘‘(1) a description of the performance-based 

9 compensation system that the eligible entity pro10 poses to develop, implement, improve, or expand; 

11 ‘‘(2) a description and evidence of the support 

12 and commitment, from teachers and principals in 

13 the school to be served by the project, the commu14 nity, and the local educational agency, for the per15 formance-based compensation system, including a 

16 demonstration of consultation with teachers and 

17 principals on the development and implementation of 

18 the performance-based compensation system; 

19 ‘‘(3) a description of how the eligible entity will 

20 develop and implement a fair, rigorous, and objective 

21 process to evaluate teacher, principal, and student 

22 performance under the project, including the base23 line performance against which evaluations of im24 proved performance will be made; 


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1 ‘‘(4) a description of the local educational agen2 cy or school to be served by the project, including 

3 such student academic achievement, demographic, 

4 and socioeconomic information as the Secretary may 

5 request; 

6 ‘‘(5) a description of the quality of teachers and 

7 principals in the local educational agency and the 

8 schools to be served by the project and how the 

9 project will increase the quality of teachers and prin10 cipals in a high-need school; 

11 ‘‘(6) a description of how the eligible entity will 

12 use grant funds under this part in each year of the 

13 grant; 

14 ‘‘(7) a description of how the eligible entity will 

15 continue the performance-based compensation sys16 tem assisted under the grant after the grant ends; 

17 ‘‘(8) a description, if applicable, of how the eli18 gible entity will define effective for the purposes of 

19 section 2201(b)(4)(B)(i), through the use of measur20 able indicators, that are based in significant part on 

21 measures of student academic achievement; and 

22 ‘‘(9) a description of the State, local, or other 

23 public or private funds that will be used to supple24 ment the grant and sustain the activities assisted 

25 under the grant at the end of the grant period. 


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1 ‘‘(d) USE OF FUNDS.— 

2 ‘‘(1) IN GENERAL.—An eligible entity that re3 ceives a grant under this part shall use the grant 

4 funds to develop, implement, improve, or expand, in 

5 collaboration with teachers, principals, other school 

6 administrators, and members of the public, a per7 formance-based compensation system consistent with 

8 this part. 

9 ‘‘(2) AUTHORIZED ACTIVITIES.—Grant funds 

10 under this part may be used for the following: 

11 ‘‘(A) Developing appraisal systems that re12 flect clear and fair measures of teacher and 

13 principal performance based on demonstrated 

14 improvements in student academic achievement. 

15 ‘‘(B) Conducting outreach within a local 

16 educational agency or a State to gain input on 

17 how to construct the appraisal system and to 

18 develop support for the appraisal system. 

19 ‘‘(C) Paying, as part of a comprehensive 

20 performance-based compensation system, bo21 nuses and increased salaries, if the eligible enti22 ty uses an increasing share of non-Federal 

23 funds to pay the bonuses and increased salaries 

24 each year of the grant, to— 


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1 ‘‘(i) teachers and principals who raise 

2 student academic achievement; 

3 ‘‘(ii) teachers who— 

4 ‘‘(I) raise student academic 

5 achievement; and 

6 ‘‘(II)(aa) teach in high-need 

7 schools; or 

8 ‘‘(bb) teach subjects that are dif9 ficult to staff; or 

10 ‘‘(iii) principals who raise student aca11 demic achievement in the school and serve 

12 in high-need schools. 

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 once. 

21 ‘‘(f) EQUITABLE DISTRIBUTION.—To the extent 

22 practicable, the Secretary shall ensure an equitable geo23 graphic distribution of grants under this part. 

24 ‘‘(g) MATCHING REQUIREMENT.—Each eligible enti25 ty that receives a grant under this part shall provide, from 


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1 non-Federal sources, an amount equal to 50 percent of 

2 the amount of the grant (which may be provided in cash 

3 or in-kind) to carry out the activities supported by the 

4 grant. 

5 ‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Grant funds 

6 provided under this part shall be used to supplement, not 

7 supplant, other Federal or State funds available to carry 

8 out activities described in this part. 

9 ‘‘SEC. 2203. REPORTS AND EVALUATIONS. 

10 ‘‘(a) ACTIVITIES SUMMARY.—Each eligible entity re11 ceiving a grant under this part shall provide to the Sec12 retary a summary of the activities assisted under the 

13 grant. 

14 ‘‘(b) REPORT.—The Secretary shall provide to Con15 gress an annual report on the implementation of the pro16 gram assisted under this part, including— 

17 ‘‘(1) information on eligible entities that re18 ceived grant funds under this part, including— 

19 ‘‘(A) information provided by eligible enti20 ties to the Secretary in the applications sub21 mitted under section 2202(c); 

22 ‘‘(B) the summaries received under sub23 section (a); and 

24 ‘‘(C) grant award amounts; 

25 ‘‘(2) student academic achievement data; and 


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1 ‘‘(3) such other information as the Secretary 

2 may include. 

3 ‘‘(c) EVALUATION.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall, 

5 through a grant or contract, carry out an inde6 pendent evaluation to measure the effectiveness of 

7 the program assisted under this part. 

8 ‘‘(2) CONTENTS.—The evaluation under para9 graph (1) shall measure— 

10 ‘‘(A) the effectiveness of the program in 

11 improving student academic achievement; 

12 ‘‘(B) the satisfaction of the participating 

13 teachers or principals; and 

14 ‘‘(C) the extent to which the program as15 sisted the eligible entities in recruiting and re16 taining high-quality teachers and principals, es17 pecially in hard-to-staff subject areas. 

18 ‘‘SEC. 2204. RESERVATION OF FUNDS. 

19 ‘‘Of the total amount reserved under section 2103(c) 

20 for this part for a fiscal year, the Secretary may reserve 

21 for such fiscal year not more than 1 percent for the cost 

22 of the evaluation under section 2203(c) and for technical 

23 assistance in carrying out this part.’’. 


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1 TITLE III—SAFE AND HEALTHY 

2 STUDENTS 

3 SEC. 301. GENERAL PROVISIONS. 

4 The Elementary and Secondary Education Act of 

5 1965 (20 U.S.C. 6301 et seq.) is amended— 

6 (1) in title IV (20 U.S.C. 7101 et seq.)— 

7 (A) by redesignating subpart 3 of part A 

8 as subpart 5 of part E of title IX and moving 

9 that subpart to follow subpart 4 of part E of 

10 title IX, as redesignated by section 201 of this 

11 Act; 

12 (B) by redesignating section 4141 as sec13 tion 9561; 

14 (C) by redesignating section 4155 as sec15 tion 9537 and moving that section so as to fol16 low section 9536; 

17 (D) by redesignating part C as subpart 6 

18 of part E of title IX and moving that subpart 

19 to follow subpart 5 of part E of title IX, as re20 designated by subparagraph (A); and 

21 (E) by redesignating sections 4301, 4302, 

22 4303, and 4304, as sections 9571, 9572, 9573, 

23 and 9574, respectively; and 

24 (2) by striking title IV (20 U.S.C. 7101 et seq.) 

25 and inserting the following: 


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1 ‘‘TITLE IV—SAFE AND HEALTHY 

2 STUDENTS 

3 ‘‘SEC. 4101. PURPOSE. 

4 ‘‘The purpose of this title is to improve students’ 

5 safety, health, and well-being during and after the school 

6 day by— 

7 ‘‘(1) increasing the capacity of local educational 

8 agencies, schools, and local communities to create 

9 safe, healthy, supportive, and drug-free environ10 ments; 

11 ‘‘(2) carrying out programs designed to improve 

12 school safety and promote students’ physical and 

13 mental health well-being, healthy eating and nutri14 tion, and physical fitness; 

15 ‘‘(3) preventing and reducing substance abuse, 

16 school violence, and bullying; and 

17 ‘‘(4) strengthening parent and community en18 gagement to ensure a healthy, safe, and supportive 

19 school environment. 

20 ‘‘SEC. 4102. DEFINITIONS. 

21 ‘‘In this title: 

22 ‘‘(1) CONTROLLED SUBSTANCE.—The term 

23 ‘controlled substance’ means a drug or other sub24 stance identified under Schedule I, II, III, IV, or V 


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1 in section 202(c) of the Controlled Substances Act 

2 (21 U.S.C. 812(c)). 

3 ‘‘(2) DRUG.—The term ‘drug’ includes con4 trolled substances, the illegal use of alcohol or to5 bacco, and the harmful, abusive, or addictive use of 

6 substances, including inhalants and anabolic 

7 steroids. 

8 ‘‘(3) DRUG AND VIOLENCE PREVENTION.—The 

9 term ‘drug and violence prevention’ means— 

10 ‘‘(A) with respect to drugs, prevention, 

11 early intervention, rehabilitation referral, or 

12 education related to the illegal use of drugs; 

13 and 

14 ‘‘(B) with respect to violence, the pro15 motion of school safety, such that students and 

16 school personnel are free from violent and dis17 ruptive acts, including sexual harassment and 

18 abuse, and victimization associated with preju19 dice and intolerance, on school premises, going 

20 to and from school, and at school-sponsored ac21 tivities, though the creation and maintenance of 

22 a school environment that is free of weapons 

23 and fosters individual responsibility and respect 

24 for the rights of others. 


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1 ‘‘(4) SCHOOL-BASED MENTAL HEALTH SERV2 ICES PROVIDER.—The term ‘school-based mental 

3 health services provider’ includes a State licensed or 

4 State certified school counselor, school psychologist, 

5 school social worker, or other State licensed or cer6 tified mental health professional qualified under 

7 State law to provide such services to children and 

8 adolescents. 

9 ‘‘(5) STATE.—The term ‘State’ means each of 

10 the 50 States, the District of Columbia, and the 

11 Commonwealth of Puerto Rico. 

12 ‘‘SEC. 4103. FORMULA GRANTS TO STATES. 

13 ‘‘(a) RESERVATIONS.—From the total amount appro14 priated under section 4108 for a fiscal year, the Secretary 

15 shall reserve— 

16 ‘‘(1) not more than 1 percent for national ac17 tivities, which the Secretary may carry out directly 

18 or through grants and contracts, such as providing 

19 technical assistance to States and local educational 

20 agencies carrying out activities under this title or 

21 conducting a national evaluation; 

‘‘(2) 1 22 ⁄2 of 1 percent for allotments for the 

23 United States Virgin Islands, Guam, American 

24 Samoa, and the Commonwealth of the Northern 

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1 lying areas on the basis of their relative need, as de2 termined by the Secretary, in accordance with the 

3 purpose of this title; and 

‘‘(3) 1 4 ⁄2 of 1 percent for the Secretary of the In5 terior for programs under this title in schools oper6 ated or funded by the Bureau of Indian Education. 

7 ‘‘(b) STATE ALLOTMENTS.— 

8 ‘‘(1) ALLOTMENT.— 

9 ‘‘(A) IN GENERAL.—In accordance with 

10 subparagraph (B), the Secretary shall allot 

11 among each of the States the total amount 

12 made available to carry out this title for any 

13 fiscal year and not reserved under subsection 

14 (a). 

15 ‘‘(B) DETERMINATION OF STATE ALLOT16 MENT AMOUNTS.—Subject to paragraph (2), 

17 the Secretary shall allot the amount made avail18 able under subparagraph (A) for a fiscal year 

19 among the States in proportion to the number 

20 of children, aged 5 to 17, who reside within the 

21 State and are from families with incomes below 

22 the poverty line for the most recent fiscal year 

23 for which satisfactory data are available, com24 pared to the number of such individuals who re25 side in all such States for that fiscal year. 


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1 ‘‘(2) SMALL STATE MINIMUM.—No State receiv2 ing an allotment under paragraph (1) may receive 

less than 1 3 ⁄2 of 1 percent of the total amount allot4 ted under such paragraph. 

5 ‘‘(3) REALLOTMENT.—If a State does not re6 ceive an allotment under this title for a fiscal year, 

7 the Secretary shall reallot the amount of the State’s 

8 allotment to the remaining States in accordance with 

9 this section. 

10 ‘‘(c) STATE USE OF FUNDS.— 

11 ‘‘(1) IN GENERAL.—Each State that receives an 

12 allotment under this section shall reserve not less 

13 than 98 percent of the amount allotted to such State 

14 under subsection (b), for each fiscal year for sub15 grants to local educational agencies under section 

16 4104. 

17 ‘‘(2) STATE ADMINISTRATION.—A State edu18 cational agency may use not more than 1 percent of 

19 the amount made available to the State under sub20 section (b) for the administrative costs of carrying 

21 out its responsibilities under this title. 

22 ‘‘(3) STATE ACTIVITIES.—A State educational 

23 agency may use the amount made available to the 

24 State under subsection (b) and not reserved under 

25 paragraph (1) for the following activities: 


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1 ‘‘(A) Providing training, technical assist2 ance, and capacity building to local educational 

3 agencies that are recipients of awards under 

4 this title. 

5 ‘‘(B) Other activities identified by the 

6 State that meet the purpose of this title. 

7 ‘‘(d) STATE PLAN.— 

8 ‘‘(1) IN GENERAL.—In order to receive an allot9 ment under this section for any fiscal year, a State 

10 shall submit a plan to the Secretary, at such time 

11 and in such manner as the Secretary may reason12 ably require. 

13 ‘‘(2) CONTENTS.—Each plan submitted by a 

14 State under this section shall include the following: 

15 ‘‘(A) A description of how the State edu16 cational agency will use funds received under 

17 this title for State-level activities. 

18 ‘‘(B) An assurance that the State edu19 cational agency will monitor the implementation 

20 of activities under this title and provide tech21 nical assistance to local educational agencies in 

22 carrying out such activities. 


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1 ‘‘SEC. 4104. SUBGRANTS TO LOCAL EDUCATIONAL AGEN2 CIES. 

3 ‘‘(a) ALLOCATIONS TO LOCAL EDUCATIONAL AGEN4 CIES.— 

5 ‘‘(1) IN GENERAL.—A State that receives an al6 lotment under this title for a fiscal year shall provide 

7 the amount made available under section 4103(c)(1) 

8 for subgrants to local educational agencies in accord9 ance with this section. 

10 ‘‘(2) FUNDS TO LOCAL EDUCATIONAL AGEN11 CIES.—From the funds reserved by a State under 

12 section 4103(c)(1), the State shall allocate to each 

13 local educational agency in the State an amount that 

14 bears the same relationship to such funds as the 

15 number of individuals ages 5 to 17 from families 

16 with incomes below the poverty line in the geo17 graphic area served by the agency, as determined by 

18 the Secretary on the basis of the most recent satis19 factory data, bears to the number of such individuals 

20 in the geographic areas served by all the local edu21 cational agencies in the State, as so determined. 

22 ‘‘(3) ADMINISTRATIVE COSTS.—Of the amount 

23 received under paragraph (2), a local educational 

24 agency may use not more than 2 percent for the di25 rect administrative costs of carrying out its respon26 sibilities under this title. 


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1 ‘‘(b) LOCAL APPLICATIONS.— 

2 ‘‘(1) IN GENERAL.—To be eligible to receive a 

3 subgrant under this section, a local educational 

4 agency shall submit an application to the State edu5 cational agency at such time, in such manner, and 

6 containing such information as the State educational 

7 agency may reasonably require. 

8 ‘‘(2) CONSULTATION.— 

9 ‘‘(A) IN GENERAL.—A local educational 

10 agency shall conduct a needs assessment de11 scribed in paragraph (3), and develop its appli12 cation, through consultation with parents, 

13 teachers, principals, pupil services personnel, 

14 students, community-based organizations, local 

15 government representatives, and others with 

16 relevant and demonstrated expertise in pro17 grams and activities designed to meet the pur18 pose of this title. 

19 ‘‘(B) CONTINUED CONSULTATION.—On an 

20 ongoing basis, the local educational agency shall 

21 consult with the individuals and organizations 

22 described in subparagraph (A) in order to seek 

23 advice regarding how best— 


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1 ‘‘(i) to improve the local educational 

2 agency’s activities in order to meet the 

3 purpose of this title; and 

4 ‘‘(ii) to coordinate such agency’s ac5 tivities under this title with other related 

6 strategies, programs, and activities being 

7 conducted in the community. 

8 ‘‘(3) NEEDS ASSESSMENT.— 

9 ‘‘(A) IN GENERAL.—To be eligible to re10 ceive a subgrant under this section, a local edu11 cational agency shall conduct a comprehensive 

12 needs assessment of the local educational agen13 cy and of all schools within the jurisdiction of 

14 the local educational agency. 

15 ‘‘(B) REQUIREMENTS.—The needs assess16 ment required under subparagraph (A) shall 

17 take into account risk factors of the community, 

18 school, family, or peer-individual domains that 

19 are known, through prospective, longitudinal re20 search efforts, to be predictive of drug use, vio21 lent behavior, and the physical and mental 

22 health and well-being of youth in the school and 

23 community. 

24 ‘‘(4) CONTENTS.—Each application submitted 

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1 sessment described in paragraph (3) and shall in2 clude the following: 

3 ‘‘(A) The results of the needs assessment 

4 described in paragraph (3) and an identification 

5 of each school that will be served by a subgrant 

6 under this section. 

7 ‘‘(B) A description of the activities to be 

8 carried out by the local educational agency 

9 under this title and how these activities are 

10 aligned with the results of the needs assessment 

11 conducted under paragraph (3). 

12 ‘‘(C) A description of the performance in13 dicators that will be used to evaluate the effec14 tiveness of the activities carried out under this 

15 section. 

16 ‘‘(D) An assurance that the activities will 

17 comply with the principles of effectiveness de18 scribed in section 4105(b), and foster a healthy, 

19 safe, and supportive school environment that 

20 improves students’ safety, health, and well21 being during and after the school day. 

22 ‘‘(E) An assurance that the local edu23 cational agency will prioritize funds to schools 

24 served by the local educational agency that— 


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1 ‘‘(i) are among the schools with the 

2 greatest needs as identified through the 

3 needs assessment conducted under para4 graph (3); 

5 ‘‘(ii) have the highest percentages or 

6 numbers of children counted under section 

7 1124(c); 

8 ‘‘(iii) are identified for improvement 

9 under section 1114; or 

10 ‘‘(iv) are identified as a persistently 

11 dangerous public elementary school or sec12 ondary school under section 9532. 

13 ‘‘(F) An assurance that the local edu14 cational agency will comply with section 9501 

15 (regarding participation by private school chil16 dren and teachers). 

17 ‘‘SEC. 4105. LOCAL EDUCATIONAL AGENCY AUTHORIZED 

18 ACTIVITIES. 

19 ‘‘(a) LOCAL EDUCATIONAL AGENCY ACTIVITIES.—A 

20 local educational agency that receives a subgrant under 

21 section 4104 shall use the subgrant funds to develop, im22 plement, and evaluate comprehensive programs and activi23 ties, which are coordinated with other schools and commu24 nity-based services and programs, that are in accordance 

25 with the purpose of this title and— 


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1 ‘‘(1) foster safe, healthy, supportive, and drug2 free environments that support student academic 

3 achievement; 

4 ‘‘(2) are consistent with the principles of effec5 tiveness described in subsection (b); 

6 ‘‘(3) promote the involvement of parents in the 

7 activity or program; and 

8 ‘‘(4) may include, among other programs and 

9 activities— 

10 ‘‘(A) drug and violence prevention activi11 ties and programs, including professional devel12 opment and training for school and pupil serv13 ices personnel, and interested community mem14 bers in prevention, education, early identifica15 tion, and intervention mentoring, or rehabilita16 tion referral, as related to drug and violence 

17 prevention; 

18 ‘‘(B) before and after school programs and 

19 activities, including during summer recess peri20 ods, and programs to extend the school day, 

21 week, or school-year calendar; 

22 ‘‘(C) school-based mental health services, 

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1 seling services provided by qualified school2 based mental health services providers; 

3 ‘‘(D) emergency intervention services fol4 lowing traumatic crisis events; 

5 ‘‘(E) programs that train school personnel 

6 to identify warning signs of youth suicide; 

7 ‘‘(F) mentoring programs and activities for 

8 children who are at risk of academic failure, 

9 dropping out of school, or involvement in crimi10 nal or delinquent activities, or who lack strong 

11 positive role models; 

12 ‘‘(G) elementary school and secondary 

13 school counseling programs; 

14 ‘‘(H) programs or activities that support a 

15 healthy, active lifestyle, including nutritional 

16 education and regular, structured physical edu17 cation programs for elementary school and sec18 ondary school students; 

19 ‘‘(I) implementation of schoolwide positive 

20 behavioral interventions and supports, including 

21 through coordination with similar activities car22 ried out under the Individuals with Disabilities 

23 Education Act; and 

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1 cy through the needs assessment conducted 

2 under section 4104(b)(3) that meet the purpose 

3 of this title. 

4 ‘‘(b) PRINCIPLES OF EFFECTIVENESS.— 

5 ‘‘(1) IN GENERAL.—For a program or activity 

6 developed pursuant to this title to meet the prin7 ciples of effectiveness, such program or activity 

8 shall— 

9 ‘‘(A) be based upon an assessment of ob10 jective data regarding the need for programs 

11 and activities in the elementary schools and sec12 ondary schools and communities to be served 

13 to— 

14 ‘‘(i) improve school safety and pro15 mote students’ physical and mental health 

16 well-being, healthy eating and nutrition, 

17 and physical fitness; and 

18 ‘‘(ii) strengthen parent and commu19 nity engagement to ensure a healthy, safe, 

20 and supportive school environment; 

21 ‘‘(B) be based upon an established set of 

22 performance measures aimed at ensuring a 

23 healthy, safe, and supportive school environ24 ment for students in the elementary schools and 


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1 secondary schools and communities to be served 

2 by the program; 

3 ‘‘(C) reflect, to the extent practicable, sci4 entifically valid research, or in the absence of a 

5 strong research base, reflect best practices in 

6 the field, that provides evidence that the pro7 gram or activity will provide students a healthy, 

8 safe, and supportive school environment; and 

9 ‘‘(D) include meaningful and ongoing con10 sultation with and input from parents in the de11 velopment of the application and administration 

12 of the program or activity. 

13 ‘‘(2) PERIODIC EVALUATION.— 

14 ‘‘(A) IN GENERAL.—The program or activ15 ity shall undergo a periodic evaluation to assess 

16 its progress toward achieving its goal of pro17 viding students a healthy, safe, and supportive 

18 school environment that promotes school safety 

19 and students’ physical and mental health and 

20 well-being, healthy eating and nutrition, and 

21 physical fitness. 

22 ‘‘(B) USE OF RESULTS.—The results of 

23 evaluations under subparagraph (A) shall be— 


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1 ‘‘(i) used to refine, improve, and 

2 strengthen the program or activity, and to 

3 refine the performance measures; and 

4 ‘‘(ii) made available to the public upon 

5 request, with public notice of such avail6 ability provided. 

7 ‘‘SEC. 4106. SUPPLEMENT, NOT SUPPLANT. 

8 ‘‘Funds made available under this title shall be used 

9 to supplement, and not supplant, non-Federal funds that 

10 would otherwise be used for activities authorized under 

11 this title. 

12 ‘‘SEC. 4107. PROHIBITED USE OF FUNDS. 

13 ‘‘No funds under this title may be used for— 

14 ‘‘(1) construction; or 

15 ‘‘(2) medical services, drug treatment or reha16 bilitation, except for pupil services or referral to 

17 treatment for students who are victims of, or wit18 nesses to, crime or who illegally use drugs. 

19 ‘‘SEC. 4108. AUTHORIZATION OF APPROPRIATIONS. 

20 ‘‘There are authorized to be appropriated to carry out 

21 this title $1,372,627,000 for each of fiscal years 2014 

22 through 2018.’’. 


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1 TITLE IV—EMPOWERING PAR2 ENTS THROUGH QUALITY 

3 CHARTER SCHOOLS 

4 SEC. 401. PURPOSE. 

5 Section 5201 (20 U.S.C. 7221) is amended to read 

6 as follows: 

7 ‘‘SEC. 5201. PURPOSE. 

8 ‘‘It is the purpose of this subpart to— 

9 ‘‘(1) provide financial assistance for the plan10 ning, program design, and initial implementation of 

11 charter schools; 

12 ‘‘(2) expand the number of high-quality charter 

13 schools available to students across the Nation; 

14 ‘‘(3) evaluate the impact of such schools on stu15 dent achievement, families, and communities, and 

16 share best practices between charter schools and 

17 other public schools; 

18 ‘‘(4) encourage States to provide support to 

19 charter schools for facilities financing in an amount 

20 more nearly commensurate to the amount the States 

21 have typically provided for traditional public schools; 

22 ‘‘(5) improve student services to increase oppor23 tunities for students who are children with disabil24 ities, English language learners, and other tradition25 ally underserved students to attend charter schools 


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1 and meet challenging State academic achievement 

2 standards; and 

3 ‘‘(6) support efforts to strengthen the charter 

4 school authorizing process to improve performance 

5 management, including transparency, monitoring, 

6 and evaluation of such schools.’’. 

7 SEC. 402. PROGRAM AUTHORIZED. 

8 Section 5202 (20 U.S.C. 7221a) is amended to read 

9 as follows: 

10 ‘‘SEC. 5202. PROGRAM AUTHORIZED. 

11 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

12 carry out a charter school program that supports charter 

13 schools that serve elementary school and secondary school 

14 students by— 

15 ‘‘(1) supporting the startup, replication, and ex16 pansion of charter schools; 

17 ‘‘(2) assisting charter schools in accessing cred18 it to acquire and renovate facilities for school use; 

19 and 

20 ‘‘(3) carrying out national activities to sup21 port— 

22 ‘‘(A) charter school development; 

23 ‘‘(B) the dissemination of best practices of 

24 charter schools for all schools; and 


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1 ‘‘(C) the evaluation of the impact of the 

2 program on schools participating in the charter 

3 school program. 

4 ‘‘(b) FUNDING ALLOTMENT.—From the amount 

5 made available under section 5211 for a fiscal year, the 

6 Secretary shall— 

7 ‘‘(1) reserve 15 percent to support charter 

8 school facilities assistance under section 5204; 

9 ‘‘(2) reserve not more than 5 percent to carry 

10 out national activities under section 5205; and 

11 ‘‘(3) use the remaining amount after the res12 ervations under paragraphs (1) and (2) to carry out 

13 section 5203. 

14 ‘‘(c) PRIOR GRANTS AND SUBGRANTS.—The recipi15 ent of a grant or subgrant under this subpart, as such 

16 subpart was in effect on the day before the date of enact17 ment of the Every Child Ready for College or Career Act 

18 of 2013, shall continue to receive funds in accordance with 

19 the terms and conditions of such grant or subgrant.’’. 

20 SEC. 403. GRANTS TO SUPPORT HIGH-QUALITY CHARTER 

21 SCHOOLS. 

22 Section 5203 (20 U.S.C. 7221b) is amended to read 

23 as follows: 


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1 ‘‘SEC. 5203. GRANTS TO SUPPORT HIGH-QUALITY CHARTER 

2 SCHOOLS. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) CHARTER MANAGEMENT ORGANIZATION.— 

5 The term ‘charter management organization’ means 

6 a nonprofit organization that operates, manages, or 

7 oversees multiple charter schools by centralizing or 

8 sharing certain functions and resources among 

9 schools, or a group or consortium of such organiza10 tions. 

11 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en12 tity’ means— 

13 ‘‘(A) a State entity; 

14 ‘‘(B) an authorized public chartering agen15 cy; 

16 ‘‘(C) a local educational agency; or 

17 ‘‘(D) a charter management organization. 

18 ‘‘(3) STATE ENTITY.—The term ‘State entity’ 

19 means— 

20 ‘‘(A) a State educational agency; 

21 ‘‘(B) a State charter school board; 

22 ‘‘(C) a Governor of a State; or 

23 ‘‘(D) a charter support organization. 

24 ‘‘(b) PROGRAM AUTHORIZED.—From the amount 

25 available under section 5202(b)(3), the Secretary shall 


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1 award grants, on a competitive basis, to eligible entities 

2 to enable— 

3 ‘‘(1) eligible entities described in subparagraph 

4 (A), (B), or (C) of subsection (a)(2) to— 

5 ‘‘(A) award subgrants to eligible appli6 cants— 

7 ‘‘(i) to open new charter schools; 

8 ‘‘(ii) to open replicable, high-quality 

9 charter school models; or 

10 ‘‘(iii) to expand high-quality charter 

11 schools; and 

12 ‘‘(B) provide technical assistance to eligible 

13 applicants and authorized public chartering 

14 agencies in carrying out the activities described 

15 in subparagraph (A) and work with authorized 

16 public chartering agencies in the State to im17 prove authorizing quality; or 

18 ‘‘(2) eligible entities described in subparagraph 

19 (B), (C), or (D) of subsection (a)(2) to open new 

20 charter schools, to open replicable high-quality char21 ter school models, or to expand high-quality charter 

22 schools, which may include— 

23 ‘‘(A) supporting the physical expansion of 

24 charter school buildings, including financing the 


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1 development of new buildings and campuses to 

2 meet increased enrollment needs; 

3 ‘‘(B) paying costs associated with hiring 

4 additional teachers to serve additional students; 

5 ‘‘(C) providing transportation to students 

6 to and from the charter school; 

7 ‘‘(D) purchasing instructional materials, 

8 implementing teacher and principal professional 

9 development programs, and hiring additional 

10 non-teaching staff; and 

11 ‘‘(E) supporting any necessary activities 

12 associated with the charter school carrying out 

13 the purpose of this section. 

14 ‘‘(c) USES OF FUNDS.— 

15 ‘‘(1) SPECIAL RULE FOR SUBGRANTING ENTI16 TIES.—An eligible entity receiving a grant under 

17 subsection (b)(1) shall— 

18 ‘‘(A) use 90 percent of the grant funds to 

19 carry out subsection (b)(1)(A), in accordance 

20 with the quality charter school program de21 scribed in the entity’s application approved pur22 suant to subsection (f); and 

23 ‘‘(B) reserve 10 percent of such funds to 

24 carry out the activities described in subsection 

25 (b)(1)(B), of which not more than 30 percent 


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1 may be used for administrative costs which may 

2 include technical assistance. 

3 ‘‘(2) CONTRACTS AND GRANTS.—An eligible en4 tity may use a grant received under this section to 

5 carry out the activities described in subsection (b) 

6 directly or through grants, contracts, or cooperative 

7 agreements. 

8 ‘‘(d) PROGRAM PERIODS; PEER REVIEW; DIVERSITY

9 OF PROJECTS.— 

10 ‘‘(1) PROGRAM PERIODS.— 

11 ‘‘(A) GRANTS.—A grant awarded by the 

12 Secretary to an eligible entity under this section 

13 shall be for a period of not more than 3 years, 

14 and may be renewed by the Secretary for 1 ad15 ditional 2-year period. 

16 ‘‘(B) SUBGRANTS.—A subgrant awarded 

17 by an eligible entity under this section shall be 

18 for a period of not more than 3 years, of which 

19 an eligible applicant may use not more than 18 

20 months for planning and program design. An 

21 eligible entity may renew a subgrant for 1 addi22 tional 2-year period. 

23 ‘‘(2) PEER REVIEW.—The Secretary, and each 

24 eligible entity awarding subgrants under this section, 


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1 shall use a peer review process to review applications 

2 for assistance under this section. 

3 ‘‘(3) DIVERSITY OF PROJECTS.—Each eligible 

4 entity awarding subgrants under this section shall 

5 award subgrants in a manner that, to the extent 

6 practicable and applicable, ensures that such sub7 grants— 

8 ‘‘(A) are distributed throughout different 

9 areas, including urban, suburban, and rural 

10 areas; and 

11 ‘‘(B) will assist charter schools rep12 resenting a variety of educational approaches. 

13 ‘‘(e) LIMITATIONS.— 

14 ‘‘(1) GRANTS.—An eligible entity may not re15 ceive more than 1 grant under this section at a time, 

16 unless the eligible entity demonstrates to the Sec17 retary that, for each charter school supported under 

18 the first grant, the education results have improved 

19 in the areas described in subparagraphs (A) and (D) 

20 of section 5210(7). 

21 ‘‘(2) SUBGRANTS.—An eligible applicant may 

22 not receive more than 1 subgrant under this section 

23 per charter school for each grant period or renewal 

24 period. 


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1 ‘‘(f) APPLICATIONS.—An eligible entity desiring to 

2 receive a grant under this section shall submit an applica3 tion to the Secretary at such time and in such manner 

4 as the Secretary may require. The application shall include 

5 the following: 

6 ‘‘(1) A description of the entity’s objectives in 

7 running a quality charter school program under this 

8 section and how the objectives of the program will 

9 be carried out, including— 

10 ‘‘(A) a description of how the entity will— 

11 ‘‘(i) support both new charter school 

12 startup and the expansion and replication 

13 of high-quality charter school models; 

14 ‘‘(ii) work with charter schools to pro15 mote inclusion of all students and support 

16 all students upon enrollment to promote 

17 retention; 

18 ‘‘(iii) work with charter schools on re19 cruitment practices, including efforts to en20 gage groups that may otherwise have lim21 ited opportunities to participate in charter 

22 schools; 

23 ‘‘(iv) share best and promising prac24 tices between charter schools and other 

25 public schools; 


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1 ‘‘(v) ensure the charter schools the eli2 gible entity supports can meet the edu3 cational needs of their students, including 

4 students who are children with disabilities 

5 and English language learners; and 

6 ‘‘(vi) support efforts to increase qual7 ity initiatives, including meeting the qual8 ity authorizing elements described in para9 graph (2)(D)(ii); 

10 ‘‘(B) in the case of any eligible entity that 

11 will be awarding subgrants under subsection 

12 (b)(1)(A), a description of how the entity will— 

13 ‘‘(i) inform eligible charter schools, 

14 developers, authorized public chartering 

15 agencies, and other entities of the avail16 ability of funds under the program; 

17 ‘‘(ii) work with eligible applicants to 

18 ensure that the applicants access all Fed19 eral funds that they are eligible to receive, 

20 and help the charter schools supported by 

21 the applicants and the students attending 

22 the charter schools— 

23 ‘‘(I) participate in the Federal 

24 programs in which the schools and 


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1 students are eligible to participate; 

2 and 

3 ‘‘(II) receive the commensurate 

4 share of Federal funds the schools 

5 and students are eligible to receive 

6 under such programs; 

7 ‘‘(iii) ensure eligible applicants that 

8 receive a subgrant under the entity’s pro9 gram are prepared to continue to operate 

10 the charter schools receiving the subgrant 

11 funds once the funds have expired; 

12 ‘‘(iv) support charter schools in local 

13 educational agencies with large numbers of 

14 schools identified by the State under sec15 tion 1114(a)(1)(B); and 

16 ‘‘(v) carry out the subgrant competi17 tion, including— 

18 ‘‘(I) a description of the applica19 tion each eligible applicant desiring to 

20 receive a subgrant will submit, which 

21 application shall include— 

22 ‘‘(aa) a description of the 

23 roles and responsibilities of eligi24 ble applicants, partner organiza25 tions, and charter management 


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1 organizations, including the ad2 ministrative and contractual roles 

3 and responsibilities; and 

4 ‘‘(bb) a description of the 

5 quality controls agreed to be6 tween the eligible applicant and 

7 the authorized public chartering 

8 agency involved, such as a con9 tract or performance agreement, 

10 and how a school’s performance 

11 on the State’s academic account12 ability system will be a primary 

13 factor for renewal; and 

14 ‘‘(II) a description of how the en15 tity will review applications; 

16 ‘‘(C) except in the case of an eligible entity 

17 described in subsection (a)(3)(A), a description 

18 of how the entity— 

19 ‘‘(i) will work with the State edu20 cational agency and the charter schools in 

21 the State to maximize charter school par22 ticipation in Federal and State programs 

23 for charter schools; and 

24 ‘‘(ii) will work with the State edu25 cational agency to adequately operate the 


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1 entity’s program under this section, where 

2 applicable; 

3 ‘‘(D) in the case of an eligible entity that 

4 is a State entity, a description of the extent to 

5 which the entity— 

6 ‘‘(i) is able to meet and carry out the 

7 priorities described in subsection (g)(2); 

8 and 

9 ‘‘(ii) is working to develop or 

10 strengthen a cohesive statewide system to 

11 support the opening of new charter 

12 schools, the opening of replicable, high13 quality charter school models, and the ex14 pansion of high-quality charter schools; 

15 and 

16 ‘‘(E) in the case of an entity that partners 

17 with an outside organization to carry out the 

18 entity’s quality charter school program, in 

19 whole or in part, a description of the roles and 

20 responsibilities of such partner. 

21 ‘‘(2) Assurances, including a description of how 

22 the assurances will be met, that— 

23 ‘‘(A) the eligible entity, if awarding sub24 grants, will— 


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1 ‘‘(i) consider applications from eligible 

2 charter schools, authorized public char3 tering agencies, charter management orga4 nizations, and other entities as applicable 

5 under State law; and 

6 ‘‘(ii) provide adequate technical assist7 ance to such eligible applicants to— 

8 ‘‘(I) meet the objectives described 

9 in clauses (ii) and (iii) of paragraph 

10 (1)(A) and subparagraph (B); and 

11 ‘‘(II) enroll traditionally under12 served students, including students 

13 who are children with disabilities and 

14 English language learners, to promote 

15 an inclusive education environment; 

16 ‘‘(B) each charter school receiving funds 

17 under the entity’s program will have a high de18 gree of autonomy over budget and operations; 

19 ‘‘(C) the entity will support charter schools 

20 in meeting the educational needs of their stu21 dents as described in paragraph (1)(A)(v); and 

22 ‘‘(D) in the case of an eligible entity that 

23 is a State entity— 

24 ‘‘(i) the entity will ensure that the au25 thorized public chartering agency of any 


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1 charter school that receives funds under 

2 the entity’s program— 

3 ‘‘(I) ensures that the charter 

4 school is meeting the obligations 

5 under this Act, part B of the Individ6 uals with Disabilities Education Act, 

7 title VI of the Civil Rights Act of 

8 1964, and section 504 of the Rehabili9 tation Act of 1973; and 

10 ‘‘(II) adequately monitors and 

11 helps the schools in recruiting, enroll12 ing, and meeting the needs of all stu13 dents, including students who are chil14 dren with disabilities and English lan15 guage learners; and 

16 ‘‘(ii) the entity will promote quality 

17 authorizing, such as through providing 

18 technical assistance, to support all author19 ized public chartering agencies in the State 

20 to improve the monitoring of their charter 

21 schools, including by— 

22 ‘‘(I) using annual performance 

23 data, which may include graduation 

24 rates and student growth data, as ap25 propriate, to measure the progress of 


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1 their schools toward becoming high2 quality charter schools; and 

3 ‘‘(II) reviewing the schools’ inde4 pendent, annual audits of financial 

5 statements conducted in accordance 

6 with generally accepted accounting 

7 principles, and ensuring any such au8 dits are publically reported. 

9 ‘‘(3) A request and justification for waivers of 

10 any Federal statutory or regulatory provisions that 

11 the entity believes are necessary for the successful 

12 operation of the charter schools that will receive 

13 funds under the entity’s program under this section, 

14 and a description of any State or local rules, gen15 erally applicable to public schools, that will be 

16 waived, or otherwise not apply, to such schools. 

17 ‘‘(g) SELECTION CRITERIA; PRIORITY.— 

18 ‘‘(1) SELECTION CRITERIA.—The Secretary 

19 shall award grants to eligible entities under this sec20 tion on the basis of the quality of the applications 

21 submitted under subsection (f), after taking into 

22 consideration— 

23 ‘‘(A) the degree of flexibility afforded by 

24 the State’s public charter school law and, in the 

25 case of an eligible entity described in subsection 


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1 (a)(2)(A), how the entity will work to maximize 

2 the flexibility provided to charter schools under 

3 the law; 

4 ‘‘(B) the quality of the strategy for assess5 ing achievement of the entity’s objectives under 

6 subsection (f)(1); 

7 ‘‘(C) the likelihood that the eligible entity, 

8 and any eligible applicants receiving subgrants 

9 from the eligible entity, will meet those objec10 tives and improve educational results for stu11 dents; 

12 ‘‘(D) the proposed number of new charter 

13 schools to be opened, and the number of high14 quality charter schools to be replicated or ex15 panded under the program; 

16 ‘‘(E) in the case of an eligible entity 

17 awarding subgrants under subsection (b)(1)(A), 

18 the entity’s plan to— 

19 ‘‘(i) adequately monitor the eligible 

20 applicants receiving subgrants under the 

21 entity’s program; 

22 ‘‘(ii) work with the authorized public 

23 chartering agencies involved to avoid dupli24 cation of work for the charter schools and 

25 authorized public chartering agencies; and 


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1 ‘‘(iii) provide adequate technical as2 sistance, as described in the entity’s appli3 cation under subsection (f), for the eligible 

4 applicants receiving subgrants under the 

5 entity’s program; and 

6 ‘‘(F) the eligible entity’s plan to support 

7 quality authorizing efforts in the State, con8 sistent with the objectives under subsection 

9 (f)(1). 

10 ‘‘(2) PRIORITY.—In selecting eligible entities 

11 that are State entities to receive a portion of the 

12 grants awarded under this section, the Secretary 

13 shall give priority to State entities to the extent that 

14 the entities meet the following criteria: 

15 ‘‘(A) In the case in which a State entity is 

16 located in a State that allows an entity other 

17 than the State educational agency to be an au18 thorized public chartering agency or a State in 

19 which only a local educational agency may be 

20 an authorized public chartering agency, the 

21 State has an appeals process for the denial of 

22 an application for a charter school. 

23 ‘‘(B) The State entity is located in a State 

24 that ensures equitable financing, as compared 


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1 to traditional public schools, for charter schools 

2 and students in a prompt manner. 

3 ‘‘(C) The State entity is located in a State 

4 that uses charter schools and best practices 

5 from charter schools to help improve struggling 

6 schools and local educational agencies. 

7 ‘‘(D) The State entity partners with an or8 ganization that has a demonstrated record of 

9 success in developing management organiza10 tions to support the development of charter 

11 schools in the State. 

12 ‘‘(E) The State entity supports charter 

13 schools that support at-risk students through 

14 activities such as dropout prevention or dropout 

15 recovery. 

16 ‘‘(h) LOCAL USES OF FUNDS.—An eligible applicant 

17 receiving a subgrant under this section shall use such 

18 funds to open new charter schools, open replicable, high19 quality charter school models, or expand existing high20 quality charter schools, which may include the activities 

21 described in subparagraphs (A) through (E) of subsection 

22 (b)(2). 

23 ‘‘(i) REPORTING REQUIREMENTS.—Each eligible en24 tity receiving a grant under this section shall submit to 

25 the Secretary, at the end of the second and third year of 


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1 the grant period and at the end of any renewal period, 

2 a report that includes the following: 

3 ‘‘(1) The number of students served and, if ap4 plicable, how many new students were served during 

5 each year of the grant. 

6 ‘‘(2) In the case of an eligible entity awarding 

7 subgrants under subsection (b)(1)(A), the number of 

8 subgrants awarded under this section to carry out 

9 each of the following: 

10 ‘‘(A) The opening of new charter schools. 

11 ‘‘(B) The opening of replicable, high-qual12 ity charter school models. 

13 ‘‘(C) The expansion of high-quality charter 

14 schools. 

15 ‘‘(3) In the case of an eligible entity receiving 

16 a grant under subsection (b)(2), the number of new 

17 charter schools opened, the number of replicable 

18 high-quality charter school models opened, and the 

19 number of high-quality charter schools expanded 

20 under the grant. 

21 ‘‘(4) In the case of a State entity described in 

22 subparagraph (A), (B), or (C) of subsection (a)(3), 

23 the progress the State entity made toward meeting 

24 the priorities described in subsection (g)(2), as appli25 cable. 


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1 ‘‘(5) A description of— 

2 ‘‘(A) how the entity met the objectives of 

3 the quality charter school program described in 

4 the entity’s application under subsection (f); 

5 ‘‘(B) how the entity complied with, and, if 

6 applicable, ensured that eligible applicants com7 plied with, the assurances described in the enti8 ty’s application; and 

9 ‘‘(C) how the entity worked with author10 ized public chartering agencies, including how 

11 the agencies worked with the management com12 pany or leadership of the schools in which the 

13 subgrants were awarded, if applicable.’’. 

14 SEC. 404. FACILITIES FINANCING ASSISTANCE. 

15 Section 5204 (20 U.S.C. 7221c) is amended to read 

16 as follows: 

17 ‘‘SEC. 5204. FACILITIES FINANCING ASSISTANCE. 

18 ‘‘(a) GRANTS TO ELIGIBLE ENTITIES.— 

19 ‘‘(1) IN GENERAL.—From the amount reserved 

20 under section 5202(b)(1), the Secretary shall award 

21 not less than 3 grants to eligible entities that have 

22 applications approved under subsection (d) to dem23 onstrate innovative methods of assisting charter 

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1 structing, and renovating facilities by enhancing the 

2 availability of loans or bond financing. 

3 ‘‘(2) ELIGIBLE ENTITY DEFINED.—In this sec4 tion, the term ‘eligible entity’ means— 

5 ‘‘(A) a public entity, such as a State or 

6 local governmental entity; 

7 ‘‘(B) a private nonprofit entity; or 

8 ‘‘(C) a consortium of entities described in 

9 subparagraphs (A) and (B). 

10 ‘‘(b) GRANTEE SELECTION.— 

11 ‘‘(1) EVALUATION OF APPLICATION.—The Sec12 retary shall evaluate each application submitted 

13 under subsection (d), and shall determine whether 

14 the application is sufficient to merit approval. 

15 ‘‘(2) DISTRIBUTION OF GRANTS.—The Sec16 retary shall award not less than one grant to an eli17 gible entity described in subsection (a)(2)(A), not 

18 less than one grant to an eligible entity described in 

19 subsection (a)(2)(B), and not less than one grant to 

20 an eligible entity described in subsection (a)(2)(C), 

21 if applications are submitted that permit the Sec22 retary to do so without approving an application 

23 that is not of sufficient quality to merit approval. 

24 ‘‘(c) GRANT CHARACTERISTICS.—Grants under sub25 section (a) shall be of a sufficient size, scope, and quality 


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1 so as to ensure an effective demonstration of an innovative 

2 means of enhancing credit for the financing of charter 

3 school acquisition, construction, or renovation. 

4 ‘‘(d) APPLICATIONS.— 

5 ‘‘(1) IN GENERAL.—To receive a grant under 

6 subsection (a), an eligible entity shall submit to the 

7 Secretary an application in such form as the Sec8 retary may reasonably require. 

9 ‘‘(2) CONTENTS.—An application submitted 

10 under paragraph (1) shall contain— 

11 ‘‘(A) a statement identifying the activities 

12 proposed to be undertaken with funds received 

13 under subsection (a), including how the eligible 

14 entity will determine which charter schools will 

15 receive assistance, and how much and what 

16 types of assistance charter schools will receive; 

17 ‘‘(B) a description of the involvement of 

18 charter schools in the application’s development 

19 and the design of the proposed activities; 

20 ‘‘(C) a description of the eligible entity’s 

21 expertise in capital market financing; 

22 ‘‘(D) a description of how the proposed ac23 tivities will leverage the maximum amount of 

24 private-sector financing capital relative to the 

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1 wise enhance credit available to charter schools, 

2 including how the entity will offer a combina3 tion of rates and terms more favorable than the 

4 rates and terms that a charter school could re5 ceive without assistance from the entity under 

6 this section; 

7 ‘‘(E) a description of how the eligible enti8 ty possesses sufficient expertise in education to 

9 evaluate the likelihood of success of a charter 

10 school program for which facilities financing is 

11 sought; and 

12 ‘‘(F) in the case of an application sub13 mitted by a State governmental entity, a de14 scription of the actions that the entity has 

15 taken, or will take, to ensure that charter 

16 schools within the State receive the funding the 

17 charter schools need to have adequate facilities. 

18 ‘‘(e) CHARTER SCHOOL OBJECTIVES.—An eligible 

19 entity receiving a grant under this section shall use the 

20 funds deposited in the reserve account established under 

21 subsection (f) to assist one or more charter schools to ac22 cess private sector capital to accomplish one or both of 

23 the following objectives: 

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1 est held by a third party for the benefit of a charter 

2 school) in improved or unimproved real property 

3 that is necessary to commence or continue the oper4 ation of a charter school. 

5 ‘‘(2) The construction of new facilities, includ6 ing predevelopment costs, or the renovation, repair, 

7 or alteration of existing facilities, necessary to com8 mence or continue the operation of a charter school. 

9 ‘‘(f) RESERVE ACCOUNT.— 

10 ‘‘(1) USE OF FUNDS.—To assist charter schools 

11 to accomplish the objectives described in subsection 

12 (e), an eligible entity receiving a grant under sub13 section (a) shall, in accordance with State and local 

14 law, directly or indirectly, alone or in collaboration 

15 with others, deposit the funds received under sub16 section (a) (other than funds used for administrative 

17 costs in accordance with subsection (g)) in a reserve 

18 account established and maintained by the eligible 

19 entity for this purpose. Amounts deposited in such 

20 account shall be used by the eligible entity for one 

21 or more of the following purposes: 

22 ‘‘(A) Guaranteeing, insuring, and rein23 suring bonds, notes, evidences of debt, loans, 

24 and interests therein, the proceeds of which are 


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1 used for an objective described in subsection 

2 (e). 

3 ‘‘(B) Guaranteeing and insuring leases of 

4 personal and real property for an objective de5 scribed in such subsection. 

6 ‘‘(C) Facilitating financing by identifying 

7 potential lending sources, encouraging private 

8 lending, and other similar activities that di9 rectly promote lending to, or for the benefit of, 

10 charter schools. 

11 ‘‘(D) Facilitating the issuance of bonds by 

12 charter schools, or by other public entities for 

13 the benefit of charter schools, by providing 

14 technical, administrative, and other appropriate 

15 assistance (including the recruitment of bond 

16 counsel, underwriters, and potential investors 

17 and the consolidation of multiple charter school 

18 projects within a single bond issue). 

19 ‘‘(2) INVESTMENT.—Funds received under this 

20 section and deposited in the reserve account estab21 lished under paragraph (1) shall be invested in obli22 gations issued or guaranteed by the United States or 

23 a State, or in other similarly low-risk securities. 

24 ‘‘(3) REINVESTMENT OF EARNINGS.—Any earn25 ings on funds received under subsection (a) shall be 


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1 deposited in the reserve account established under 

2 paragraph (1) and used in accordance with such 

3 subsection. 

4 ‘‘(g) LIMITATION ON ADMINISTRATIVE COSTS.—An 

5 eligible entity may use not more than 2.5 percent of the 

6 funds received under subsection (a) for the administrative 

7 costs of carrying out its responsibilities under this section 

8 (excluding subsection (k)). 

9 ‘‘(h) AUDITS AND REPORTS.— 

10 ‘‘(1) FINANCIAL RECORD MAINTENANCE AND

11 AUDIT.—The financial records of each eligible entity 

12 receiving a grant under subsection (a) shall be main13 tained in accordance with generally accepted ac14 counting principles and shall be subject to an annual 

15 audit by an independent public accountant. 

16 ‘‘(2) REPORTS.— 

17 ‘‘(A) GRANTEE ANNUAL REPORTS.—Each 

18 eligible entity receiving a grant under sub19 section (a) annually shall submit to the Sec20 retary a report of the entity’s operations and 

21 activities under this section. 

22 ‘‘(B) CONTENTS.—Each annual report 

23 submitted under subparagraph (A) shall in24 clude— 


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1 ‘‘(i) a copy of the most recent finan2 cial statements, and any accompanying 

3 opinion on such statements, prepared by 

4 the independent public accountant review5 ing the financial records of the eligible en6 tity; 

7 ‘‘(ii) a copy of any report made on an 

8 audit of the financial records of the eligible 

9 entity that was conducted under paragraph 

10 (1) during the reporting period; 

11 ‘‘(iii) an evaluation by the eligible en12 tity of the effectiveness of its use of the 

13 Federal funds provided under subsection 

14 (a) in leveraging private funds; 

15 ‘‘(iv) a listing and description of the 

16 charter schools served during the reporting 

17 period, including the amount of funds used 

18 by each school, the type of project facili19 tated by the grant, and the type of assist20 ance provided to the charter schools; 

21 ‘‘(v) a description of the activities car22 ried out by the eligible entity to assist 

23 charter schools in meeting the objectives 

24 set forth in subsection (e); and 


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1 ‘‘(vi) a description of the characteris2 tics of lenders and other financial institu3 tions participating in the activities under4 taken by the eligible entity under this sec5 tion (excluding subsection (k)) during the 

6 reporting period. 

7 ‘‘(C) SECRETARIAL REPORT.—The Sec8 retary shall review the reports submitted under 

9 subparagraph (A) and shall provide a com10 prehensive annual report to Congress on the ac11 tivities conducted under this section (excluding 

12 subsection (k)). 

13 ‘‘(i) NO FULL FAITH AND CREDIT FOR GRANTEE

14 OBLIGATION.—No financial obligation of an eligible entity 

15 entered into pursuant to this section (such as an obliga16 tion under a guarantee, bond, note, evidence of debt, or 

17 loan) shall be an obligation of, or guaranteed in any re18 spect by, the United States. The full faith and credit of 

19 the United States is not pledged to the payment of funds 

20 which may be required to be paid under any obligation 

21 made by an eligible entity pursuant to any provision of 

22 this section. 

23 ‘‘(j) RECOVERY OF FUNDS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary, in accord2 ance with chapter 37 of title 31, United States 

3 Code, shall collect— 

4 ‘‘(A) all of the funds in a reserve account 

5 established by an eligible entity under sub6 section (f)(1) if the Secretary determines, not 

7 earlier than 2 years after the date on which the 

8 eligible entity first received funds under this 

9 section (excluding subsection (k)), that the eli10 gible entity has failed to make substantial 

11 progress in carrying out the purposes described 

12 in subsection (f)(1); or 

13 ‘‘(B) all or a portion of the funds in a re14 serve account established by an eligible entity 

15 under subsection (f)(1) if the Secretary deter16 mines that the eligible entity has permanently 

17 ceased to use all or a portion of the funds in 

18 such account to accomplish any purpose de19 scribed in such subsection. 

20 ‘‘(2) EXERCISE OF AUTHORITY.—The Secretary 

21 shall not exercise the authority provided in para22 graph (1) to collect from any eligible entity any 

23 funds that are being properly used to achieve one or 

24 more of the purposes described in subsection (f)(1). 


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1 ‘‘(3) PROCEDURES.—The provisions of sections 

2 451, 452, and 458 of the General Education Provi3 sions Act shall apply to the recovery of funds under 

4 paragraph (1). 

5 ‘‘(4) CONSTRUCTION.—This subsection shall 

6 not be construed to impair or affect the authority of 

7 the Secretary to recover funds under part D of the 

8 General Education Provisions Act. 

9 ‘‘(k) PER-PUPIL FACILITIES AID PROGRAM.— 

10 ‘‘(1) DEFINITION OF PER-PUPIL FACILITIES AID

11 PROGRAM.—In this subsection, the term ‘per-pupil 

12 facilities aid program’ means a program in which a 

13 State makes payments, on a per-pupil basis, to char14 ter schools to provide the schools with financing— 

15 ‘‘(A) that is dedicated solely for funding 

16 charter school facilities; or 

17 ‘‘(B) a portion of which is dedicated for 

18 funding charter school facilities. 

19 ‘‘(2) GRANTS.— 

20 ‘‘(A) IN GENERAL.—From the amount re21 served under section 5202(b)(1) and remaining 

22 after the Secretary makes grants under sub23 section (a), the Secretary shall make grants, on 

24 a competitive basis, to States to pay for the 

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1 hancing, and administering, per-pupil facilities 

2 aid programs. 

3 ‘‘(B) PERIOD.—The Secretary shall award 

4 grants under this subsection for periods of not 

5 more than 5 years. 

6 ‘‘(C) FEDERAL SHARE.—The Federal 

7 share of the cost described in subparagraph (A) 

8 for a per-pupil facilities aid program shall be 

9 not more than— 

10 ‘‘(i) 90 percent of the cost, for the 

11 first fiscal year for which the program re12 ceives assistance under this subsection; 

13 ‘‘(ii) 80 percent for the second such 

14 year; 

15 ‘‘(iii) 60 percent for the third such 

16 year; 

17 ‘‘(iv) 40 percent for the fourth such 

18 year; and 

19 ‘‘(v) 20 percent for the fifth such 

20 year. 

21 ‘‘(D) STATE SHARE.—A State receiving a 

22 grant under this subsection may partner with 1 

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1 lishing or enhancing, and administering, the 

2 per-pupil facilities aid program. 

3 ‘‘(E) MULTIPLE GRANTS.—A State may 

4 receive more than 1 grant under this sub5 section, so long as the amount of such grant 

6 funds provided to charter schools increases with 

7 each successive grant. 

8 ‘‘(3) USE OF FUNDS.— 

9 ‘‘(A) IN GENERAL.—A State that receives 

10 a grant under this subsection shall use the 

11 funds made available through the grant to es12 tablish or enhance, and administer, a per-pupil 

13 facilities aid program for charter schools in the 

14 State of the applicant. 

15 ‘‘(B) EVALUATIONS; TECHNICAL ASSIST16 ANCE; DISSEMINATION.—From the amount 

17 made available to a State through a grant 

18 under this subsection for a fiscal year, the State 

19 may reserve not more than 5 percent to carry 

20 out evaluations, to provide technical assistance, 

21 and to disseminate information. 

22 ‘‘(C) SUPPLEMENT, NOT SUPPLANT.— 

23 Funds made available under this subsection 

24 shall be used to supplement, and not supplant, 

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1 vide per-pupil facilities aid programs, operations 

2 financing programs, or other programs, for 

3 charter schools. 

4 ‘‘(4) REQUIREMENTS.— 

5 ‘‘(A) VOLUNTARY PARTICIPATION.—No 

6 State may be required to participate in a pro7 gram carried out under this subsection. 

8 ‘‘(B) STATE LAW.— 

9 ‘‘(i) IN GENERAL.—To be eligible to 

10 receive a grant under this subsection, a 

11 State shall establish or enhance, and ad12 minister, a per-pupil facilities aid program 

13 for charter schools in the State, that— 

14 ‘‘(I) is specified in State law; and 

15 ‘‘(II) provides annual financing, 

16 on a per-pupil basis, for charter 

17 school facilities. 

18 ‘‘(ii) SPECIAL RULE.—A State that is 

19 required under State law to provide its 

20 charter schools with access to adequate fa21 cility space may be eligible to receive a 

22 grant under this subsection if the State 

23 agrees to use the funds to develop a per24 pupil facilities aid program consistent with 

25 the requirements of this subsection. 


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1 ‘‘(5) APPLICATIONS.—To be eligible to receive a 

2 grant under this subsection, a State shall submit an 

3 application to the Secretary at such time, in such 

4 manner, and containing such information as the Sec5 retary may require.’’. 

6 SEC. 405. NATIONAL ACTIVITIES. 

7 Section 5205 (20 U.S.C. 7221d) is amended to read 

8 as follows: 

9 ‘‘SEC. 5205. NATIONAL ACTIVITIES. 

10 ‘‘(a) IN GENERAL.—From the amount reserved 

11 under section 5202(b)(2), the Secretary shall— 

12 ‘‘(1) use not less than 50 percent of such funds 

13 to award grants in accordance with subsection (b); 

14 and 

15 ‘‘(2) use the remainder of such funds to— 

16 ‘‘(A) disseminate technical assistance to 

17 State entities in awarding subgrants under sec18 tion 5203(b)(1)(A); 

19 ‘‘(B) disseminate best practices regarding 

20 public charter schools; and 

21 ‘‘(C) evaluate the impact of the charter 

22 school program, including the impact on stu23 dent achievement, carried out under this sub24 part. 

25 ‘‘(b) GRANTS.— 


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1 ‘‘(1) IN GENERAL.—From the amounts de2 scribed in subsection (a)(1), the Secretary shall 

3 make grants, on a competitive basis, to eligible ap4 plicants for the purpose of carrying out the activities 

5 described in section 5202(a)(1) and section 5203(b). 

6 ‘‘(2) TERMS AND CONDITIONS.—Except as oth7 erwise provided in this subsection, grants awarded 

8 under this subsection shall have the same terms and 

9 conditions as grants awarded under section 5203. 

10 ‘‘(3) ELIGIBLE APPLICANT DEFINED.—For pur11 poses of this subsection, the term ‘eligible applicant’ 

12 means an eligible applicant that desires to open a 

13 charter school in a State that— 

14 ‘‘(A) did not apply for a grant under sec15 tion 5203; 

16 ‘‘(B) did not receive a grant under section 

17 5203; or 

18 ‘‘(C) received a grant under section 5203 

19 and is in the fourth or fifth year of the grant 

20 period for such grant. 

21 ‘‘(c) CONTRACTS AND GRANTS.—The Secretary may 

22 carry out any of the activities described in this section di23 rectly or through grants, contracts, or cooperative agree24 ments.’’. 


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1 SEC. 406. RECORDS TRANSFER. 

2 Section 5208 (20 U.S.C. 7221g) is amended by in3 serting ‘‘as quickly as possible and’’ before ‘‘to the extent 

4 practicable’’. 

5 SEC. 407. DEFINITIONS. 

6 Section 5210 (20 U.S.C. 7221i) is amended— 

7 (1) in paragraph (1)— 

8 (A) in subparagraph (K), by striking 

9 ‘‘and’’ at the end; 

10 (B) in subparagraph (L), by striking the 

11 period at the end and inserting ‘‘; and’’; and 

12 (C) by adding at the end, the following: 

13 ‘‘(M) may serve prekindergarten or post14 secondary students.’’; 

15 (2) in paragraph (3), by striking ‘‘under section 

16 5203(d)(3)’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(5) CHARTER SUPPORT ORGANIZATION.—The 

19 term ‘charter support organization’ means a non20 profit, non-governmental entity that provides, on a 

21 statewide or regional basis, assistance to developers 

22 during the planning, program design, and initial im23 plementation of a charter school, and technical as24 sistance to operating charter schools. 

25 ‘‘(6) EXPANSION OF A HIGH-QUALITY CHARTER

26 SCHOOL.—The term ‘expansion of a high-quality 


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1 charter school’ means a high-quality charter school 

2 that either significantly increases its enrollment or 

3 adds one or more grades to its school. 

4 ‘‘(7) HIGH-QUALITY CHARTER SCHOOL.—The 

5 term ‘high-quality charter school’ means a charter 

6 school that— 

7 ‘‘(A) shows evidence of strong academic re8 sults; 

9 ‘‘(B) has no significant issues in the areas 

10 of student safety, financial management, or 

11 statutory or regulatory compliance; 

12 ‘‘(C) has demonstrated success in signifi13 cantly increasing student academic achievement 

14 and attainment for all students served by char15 ter schools; and 

16 ‘‘(D) has demonstrated success in increas17 ing student academic achievement for the sub18 groups of students described in section 

19 1111(b)(2)(B)(viii). 

20 ‘‘(8) REPLICABLE, HIGH-QUALITY CHARTER

21 SCHOOL MODEL.—The term ‘replicable, high-quality 

22 charter school model’ means a high-quality charter 

23 school that will open a new campus under an exist24 ing charter.’’. 


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1 SEC. 408. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 5211 (20 U.S.C. 7221j) is amended to read 

3 as follows: 

4 ‘‘SEC. 5211. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘There are authorized to be appropriated to carry out 

6 this subpart $241,507,000 for each of fiscal years 2014 

7 through 2018.’’. 

8 SEC. 409. GENERAL PROVISIONS. 

9 Title V (20 U.S.C. 7201 et seq.) is amended by— 

10 (1) striking part A; 

11 (2) striking subparts 2 and 3 of part B; 

12 (3) striking part D; 

13 (4) in part B, by striking ‘‘Subpart 1— 

14 Charter School Programs’’; 

15 (5) by redesignating part B as part A; and 

16 (6) by redesignating part C as part B. 

17 TITLE V—STATE INNOVATION 

18 AND FLEXIBILITY 

19 SEC. 501. PURPOSES. 

20 The purposes of this title are to— 

21 (1) support State, local, and tribal leadership 

22 and innovation in preparing all students to meet 

23 State-developed academic content standards and stu24 dent academic achievement standards; 

25 (2) establish a process to permit State, local, 

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1 native and innovative strategies to improve academic 

2 achievement for all students and otherwise meet the 

3 purposes of the Elementary and Secondary Edu4 cation Act of 1965 (20 U.S.C. 6301 et seq.); 

5 (3) provide States and local educational agen6 cies with maximum flexibility in using Federal funds 

7 provided under this Act; and 

8 (4) direct the Secretary of Education to defer 

9 to State, local, and tribal judgments regarding how 

10 best to accomplish the purposes of the Elementary 

11 and Secondary Education Act of 1965 (20 U.S.C. 

12 6301 et seq.). 

13 SEC. 502. TRANSFERABILITY OF FUNDS. 

14 Section 6123 (20 U.S.C. 7305b) is amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (1)— 

17 (i) in the matter preceding subpara18 graph (A), by striking ‘‘not more than 50 

19 percent of the nonadministrative State 

20 funds’’ and inserting ‘‘all, or any lesser 

21 amount, of State funds’’; and 

22 (ii) by striking subparagraphs (A) 

23 through (D) and inserting the following: 

24 ‘‘(A) Any provision of title II. 

25 ‘‘(B) Any provision of title IV.’’; and 


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1 (B) in paragraph (2), by striking ‘‘and 

2 subject to the 50 percent limitation described in 

3 paragraph (1)’’; and 

4 (2) in subsection (b)— 

5 (A) in paragraph (1)— 

6 (i) in subparagraph (A), by striking 

7 ‘‘(except’’ and all that follows through 

8 ‘‘subparagraph (C))’’ and inserting ‘‘may 

9 transfer all, or any lesser amount, of the 

10 funds allocated to it’’; 

11 (ii) by striking subparagraph (B); 

12 (iii) by redesignating subparagraph 

13 (C) as subparagraph (B); and 

14 (iv) in subparagraph (B), as redesig15 nated by clause (iii), by striking ‘‘and sub16 ject to the percentage limitation described 

17 in subparagraph (A) or (B), as applica18 ble’’; and 

19 (B) in paragraph (2)— 

20 (i) by striking ‘‘subparagraph (A), 

21 (B), or (C)’’ and inserting ‘‘subparagraph 

22 (A) or (B)’’; and 

23 (ii) by striking subparagraphs (A) 

24 through (D) and inserting the following: 

25 ‘‘(A) Any provision of title II. 


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1 ‘‘(B) Any provision of title IV.’’. 

2 SEC. 503. WAIVERS OF STATUTORY AND REGULATORY RE3 QUIREMENTS. 

4 Section 9401 of the Elementary and Secondary Edu5 cation Act of 1965 (20 U.S.C. 7861) is amended— 

6 (1) by striking subsection (a) and inserting the 

7 following: 

8 ‘‘(a) IN GENERAL.— 

9 ‘‘(1) REQUEST FOR WAIVER.—A State edu10 cational agency, local educational agency (through a 

11 State educational agency), or Indian tribe that re12 ceives funds under a program authorized under this 

13 Act may submit a request to the Secretary to waive 

14 any statutory or regulatory requirement of this Act. 

15 ‘‘(2) RECEIPT OF WAIVER.—Except as provided 

16 in subsection (c), the Secretary shall waive any stat17 utory or regulatory requirement of this Act for a 

18 State educational agency, local educational agency, 

19 Indian tribe, or school (through a local educational 

20 agency), that submits a waiver request pursuant to 

21 this subsection.’’; 

22 (2) in subsection (b)— 

23 (A) in paragraph (1)— 

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1 clude a plan’’ after ‘‘waiver request to the 

2 Secretary’’; 

3 (ii) in subparagraph (B), by striking 

4 ‘‘and how the waiving of those require5 ments will’’ and all that follows through 

6 the end, and inserting a semicolon; 

7 (iii) by redesignating subparagraph 

8 (E) as subparagraph (F); and 

9 (iv) by striking subparagraphs (C) 

10 and (D), and inserting the following: 

11 ‘‘(C) describes the methods the State edu12 cational agency, local educational agency, or In13 dian tribe will use to— 

14 ‘‘(i) monitor the effectiveness of the 

15 implementation of the plan; and 

16 ‘‘(ii) assure regular evaluation and 

17 continuous improvement of the plan; 

18 ‘‘(D) as applicable to the waiver request, 

19 includes information on how the State edu20 cational agency, local educational agency, or In21 dian tribe will maintain and improve trans22 parency in reporting to parents and the public 

23 on student achievement and school perform24 ance, including the achievement of students ac25 cording to the student subgroups described in 


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1 subclauses (I) through (IV) of section 

2 1111(b)(2)(B)(viii); and’’; 

3 (B) in paragraph (2)(B)(i)(II), by striking 

4 ‘‘(on behalf of, and based on the requests of, 

5 local educational agencies)’’ and inserting ‘‘(on 

6 their own behalf, or on behalf of, and based on 

7 the requests of, local educational agencies in the 

8 State)’’; 

9 (C) in paragraph (3)— 

10 (i) in subparagraph (A), in the matter 

11 preceding clause (i), by inserting ‘‘or on 

12 behalf of local educational agencies in the 

13 State,’’ after ‘‘acting on its own behalf,’’; 

14 and 

15 (ii) in subparagraph (B), by striking 

16 ‘‘reviewed by the State educational agen17 cy’’ and inserting ‘‘reviewed and approved 

18 by the State educational agency before 

19 being submitted to the Secretary’’; and 

20 (D) by adding at the end the following: 

21 ‘‘(4) WAIVER DETERMINATION, DEMONSTRA22 TION, AND REVISION.— 

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

24 approve a waiver request not more than 90 

25 days after the date on which such request is 


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1 submitted, unless the Secretary determines and 

2 demonstrates that— 

3 ‘‘(i) the waiver request does not meet 

4 the requirements of this section; and 

5 ‘‘(ii) the waiver is not permitted under 

6 subsection (c). 

7 ‘‘(B) WAIVER DETERMINATION AND REVI8 SION.—If the Secretary determines and dem9 onstrates that the waiver request does not meet 

10 the requirements of this section, the Secretary 

11 shall— 

12 ‘‘(i) immediately— 

13 ‘‘(I) notify the State educational 

14 agency, local educational agency, or 

15 Indian tribe of such determination; 

16 and 

17 ‘‘(II) at the request of the State 

18 educational agency, local educational 

19 agency, or Indian tribe, provide de20 tailed reasons for such determination 

21 in writing; 

22 ‘‘(ii) offer the State educational agen23 cy, local educational agency, or Indian 

24 tribe an opportunity to revise and resubmit 


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1 the waiver request not more than 60 days 

2 after the date of such determination; and 

3 ‘‘(iii) if the Secretary determines that 

4 the resubmission does not meet the re5 quirements of this section, at the request 

6 of the State educational agency, local edu7 cational agency, or Indian tribe, conduct a 

8 public hearing not more than 30 days after 

9 the date of such resubmission. 

10 ‘‘(C) WAIVER DISAPPROVAL.—The Sec11 retary may disapprove a waiver request if— 

12 ‘‘(i) the State educational agency, 

13 local educational agency, or Indian tribe 

14 has been notified and offered an oppor15 tunity to revise and resubmit the waiver 

16 request, as described under clauses (i) and 

17 (ii) of subparagraph (B); and 

18 ‘‘(ii) the State educational agency, 

19 local educational agency, or Indian tribe— 

20 ‘‘(I) does not revise and resubmit 

21 the waiver request; or 

22 ‘‘(II) revises and resubmits the 

23 waiver request, and the Secretary de24 termines that such waiver request 

25 does not meet the requirements of this 


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1 section after a hearing conducted 

2 under subparagraph (B)(iii). 

3 ‘‘(D) EXTERNAL CONDITIONS.—The Sec4 retary shall not disapprove a waiver request 

5 under this section based on conditions outside 

6 the scope of the waiver request.’’; 

7 (3) in subsection (c), by striking paragraph (2) 

8 and redesignating paragraphs (3), (4), (5), (6), (7), 

9 (8), (9), and (10) as paragraphs (2), (3), (4), (5), 

10 (6), (7), (8), and (9); 

11 (4) in subsection (d)— 

12 (A) in the heading, by adding ‘‘; LIMITA13 TIONS’’ after ‘‘DURATION AND EXTENSION OF

14 WAIVER’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(3) SPECIFIC LIMITATIONS.—The Secretary 

17 shall not place any requirements on a State edu18 cational agency, local educational agency, or Indian 

19 tribe, as a condition of approval of a waiver re20 quest.’’; 

21 (5) by striking subsection (e) and inserting the 

22 following: 

23 ‘‘(e) REPORTS.—A State educational agency, local 

24 educational agency, and Indian Tribe receiving a waiver 

25 under this section shall describe, as part of, and pursuant 


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1 to, the required annual reporting under section 1111(e), 

2 the progress of schools covered under the provisions of 

3 such waiver toward increasing academic achievement.’’; 

4 and 

5 (6) in subsection (f), by inserting ‘‘and the re6 cipient of the waiver has failed to make revisions 

7 needed to carry out the purpose of the waiver,’’ after 

8 ‘‘has been inadequate to justify a continuation of the 

9 waiver’’. 

10 SEC. 504. MAINTENANCE OF EFFORT. 

11 Section 9521 (20 U.S.C. 7901) is repealed. 

12 SEC. 505. PLAN APPROVAL PROCESS. 

13 Title IX (20 U.S.C. 7801 et seq.) is amended by add14 ing at the end the following: 

15 ‘‘PART G—APPROVAL AND DISAPPROVAL OF 

16 STATE PLANS AND LOCAL APPLICATIONS 

17 ‘‘SEC. 9701. APPROVAL AND DISAPPROVAL OF STATE 

18 PLANS. 

19 ‘‘(a) DEEMED APPROVAL.—A plan submitted by a 

20 State pursuant to section 2104(d) or section 4103(d) shall 

21 be deemed to be approved by the Secretary unless the Sec22 retary makes a written determination, prior to the expira23 tion of the 120-day period beginning on the date on which 

24 the Secretary received the plan, that the plan is not in 


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1 compliance with section 2104(d) or section 4103(d), as ap2 plicable. 

3 ‘‘(b) DISAPPROVAL PROCESS.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall not fi5 nally disapprove a plan submitted under section 

6 2104(d) or section 4103(d), except after giving the 

7 State educational agency notice and an opportunity 

8 for a hearing. 

9 ‘‘(2) NOTIFICATION.—If the Secretary finds 

10 that the plan is not in compliance, in whole or in 

11 part, with section 2104(d) or section 4103(d), as ap12 plicable, the Secretary shall— 

13 ‘‘(A) give the State educational agency no14 tice and an opportunity for a hearing; and 

15 ‘‘(B) notify the State educational agency of 

16 the finding of noncompliance and, in such noti17 fication, shall— 

18 ‘‘(i) cite the specific provisions in the 

19 plan that are not in compliance; and 

20 ‘‘(ii) request additional information, 

21 only as to the noncompliant provisions, 

22 needed to make the plan compliant. 

23 ‘‘(3) RESPONSE.—If the State educational 

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1 riod beginning on the date on which the State edu2 cational agency received the notification, and resub3 mits the plan with the requested information de4 scribed in paragraph (2)(B)(ii), the Secretary shall 

5 approve or disapprove such plan prior to the later 

6 of— 

7 ‘‘(A) the expiration of the 45-day period 

8 beginning on the date on which the plan is re9 submitted; or 

10 ‘‘(B) the expiration of the 120-day period 

11 described in subsection (a). 

12 ‘‘(4) FAILURE TO RESPOND.—If the State edu13 cational agency does not respond to the Secretary’s 

14 notification described in paragraph (2)(B) during 

15 the 45-day period beginning on the date on which 

16 the State educational agency received the notifica17 tion, such plan shall be deemed to be disapproved. 

18 ‘‘SEC. 9702. APPROVAL AND DISAPPROVAL OF LOCAL EDU19 CATIONAL AGENCY APPLICATIONS. 

20 ‘‘(a) DEEMED APPROVAL.—An application submitted 

21 by a local educational agency pursuant to section 2105(b) 

22 or section 4104(b) shall be deemed to be approved by the 

23 State educational agency unless the State educational 

24 agency makes a written determination, prior to the expira25 tion of the 120-day period beginning on the date on which 


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1 the State educational agency received the application, that 

2 the application is not in compliance with section 2105(b) 

3 or section 4104(b), as applicable. 

4 ‘‘(b) DISAPPROVAL PROCESS.— 

5 ‘‘(1) IN GENERAL.—The State educational 

6 agency shall not finally disapprove an application 

7 submitted under section 2105(b) or section 4104(b), 

8 except after giving the local educational agency no9 tice and opportunity for a hearing. 

10 ‘‘(2) NOTIFICATION.—If the State educational 

11 agency finds that the application is not in compli12 ance, in whole or in part, with section 2105(b) or 

13 section 4104(b), as applicable, the State educational 

14 agency shall— 

15 ‘‘(A) give the local educational agency no16 tice and an opportunity for a hearing; and 

17 ‘‘(B) notify the local educational agency of 

18 the finding of noncompliance, and in such noti19 fication, shall— 

20 ‘‘(i) cite the specific provisions in the 

21 application that are not in compliance; and 

22 ‘‘(ii) request additional information, 

23 only as to the noncompliant provisions, 

24 needed to make the application compliant. 


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1 ‘‘(3) RESPONSE.—If the local educational agen2 cy responds to the State educational agency’s notifi3 cation described in paragraph (2)(B) during the 45- 

4 day period beginning on the date on which the local 

5 educational agency received the notification, and re6 submits the application with the requested informa7 tion described in paragraph (2)(B)(ii), the State 

8 educational agency shall approve or disapprove such 

9 application prior to the later of— 

10 ‘‘(A) the expiration of the 45-day period 

11 beginning on the date on which the application 

12 is resubmitted; or 

13 ‘‘(B) the expiration of the 120-day period 

14 described in subsection (a). 

15 ‘‘(4) FAILURE TO RESPOND.—If the local edu16 cational agency does not respond to the State edu17 cational agency’s notification described in paragraph 

18 (2)(B) during the 45-day period beginning on the 

19 date on which the local educational agency received 

20 the notification, such application shall be deemed to 

21 be disapproved.’’. 


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•S 1101 IS

1 TITLE VI—EXTENSIONS OF 

2 AUTHORIZATIONS 

3 SEC. 601. ENGLISH LEARNERS AND IMMIGRANT STUDENTS. 

4 Section 3001 (20 U.S.C. 6801) is amended by strik5 ing ‘‘$750,000,000 for fiscal year 2002 and such sums 

6 as may be necessary for each of the 5 succeeding fiscal 

7 years.’’ and inserting ‘‘$693,848,000 for each of fiscal 

8 years 2014 through 2018.’’. 

9 SEC. 602. MAGNET SCHOOL ASSISTANCE. 

10 Section 5311 (20 U.S.C. 7231j) is amended by strik11 ing ‘‘$125,000,000 for fiscal year 2002 and such sums 

12 as may be necessary for each of the 5 succeeding fiscal 

13 years.’’ and inserting ‘‘$91,647,000 for each of fiscal years 

14 2014 through 2018.’’. 

15 SEC. 603. RURAL EDUCATION ACHIEVEMENT PROGRAM. 

16 Section 6234 (20 U.S.C. 7355c) is amended by strik17 ing ‘‘$300,000,000 for fiscal year 2002 and such sums 

18 as may be necessary for each of the 5 succeeding fiscal 

19 years’’ and inserting ‘‘$169,840,000 for each of fiscal 

20 years 2014 through 2018’’. 

21 SEC. 604. INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE 

22 EDUCATION. 

23 (a) GRANTS TO LOCAL EDUCATIONAL AGENCIES AND

24 TRIBES.—Section 7152 (20 U.S.C. 7492) is amended to 

25 read as follows: 


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1 ‘‘SEC. 7152. AUTHORIZATIONS OF APPROPRIATIONS. 

2 ‘‘(a) SUBPART 1.—For the purpose of carrying out 

3 subpart 1, there are authorized to be appropriated 

4 $100,381,000 for each of fiscal years 2014 through 2018. 

5 ‘‘(b) SUBPART 2.—For the purpose of carrying out 

6 subpart 2, there are authorized to be appropriated 

7 $17,993,000 for each of fiscal years 2014 through 2018. 

8 ‘‘(c) SUBPART 3.—For the purpose of carrying out 

9 subpart 3, there are authorized to be appropriated 

10 $5,565,000 for each of fiscal years 2014 through 2018.’’. 

11 (b) NATIVE HAWAIIAN EDUCATION.—Section 

12 7205(c) (20 U.S.C. 7515(c)) is amended— 

13 (1) by striking paragraph (1) and inserting the 

14 following: 

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

16 appropriated to carry out this section and section 

17 7204 $32,397,000 for each of fiscal years 2014 

18 through 2018.’’; and 

19 (2) in paragraph (2), by striking ‘‘for fiscal 

20 year 2002 and each of the 5 succeeding fiscal years’’ 

21 and inserting ‘‘for fiscal years 2014 through 2018’’. 

22 (c) ALASKA NATIVE EDUCATION.—Section 

23 7304(d)(1) (20 U.S.C. 7544(d)(1)) is amended by striking 

24 ‘‘such sums as may be necessary for fiscal year 2002 and 

25 each of the 5 succeeding fiscal years.’’ and inserting 


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1 ‘‘$31,453,000 for each of fiscal years 2014 through 

2 2108.’’. 

3 SEC. 605. IMPACT AID. 

4 Section 8014 (20 U.S.C. 7714) is amended— 

5 (1) in subsection (a), by striking ‘‘$32,000,000 

6 for fiscal year 2000 and such sums as may be nec7 essary for each of the seven succeeding fiscal years.’’ 

8 and inserting ‘‘$63,445,000 for each of fiscal years 

9 2014 through 2018.’’; 

10 (2) in subsection (b), by striking 

11 ‘‘$809,400,000 for fiscal year 2000 and such sums 

12 as may be necessary for each of the seven succeeding 

13 fiscal years.’’ and inserting ‘‘$1,093,203,000 for 

14 each of fiscal years 2014 through 2018.’’; 

15 (3) in subsection (c), by striking ‘‘$50,000,000 

16 for fiscal year 2000 and such sums as may be nec17 essary for each of the seven succeeding fiscal years.’’ 

18 and inserting ‘‘$45,881,000 for each of fiscal years 

19 2014 through 2018.’’; 

20 (4) in subsection (e), by striking ‘‘$10,052,000 

21 for fiscal year 2000 and such sums as may be nec22 essary for fiscal year 2001, $150,000,000 for fiscal 

23 year 2002, and such sums as may be necessary for 

24 each of the five succeeding fiscal years.’’ and insertVerDate Mar 15 2010 02:56 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\S1101.IS S1101

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1 ing ‘‘$16,529,000 for each of fiscal years 2014 

2 through 2018.’’; and 

3 (5) in subsection (f), by striking ‘‘$5,000,000 

4 for fiscal year 2000 and such sums as may be nec5 essary for each of the seven succeeding fiscal years.’’ 

6 and inserting ‘‘$4,591,000 for each of fiscal years 

7 2014 through 2018.’’. 

8 SEC. 606. MCKINNEY-VENTO HOMELESS ASSISTANCE. 

9 Section 726 of the McKinney-Vento Homeless Assist10 ance Act (42 U.S.C. 11435) is amended by striking 

11 ‘‘$100,000,000 for fiscal year 2009 and such sums as may 

12 be necessary for each subsequent fiscal year.’’ and insert13 ing ‘‘$61,771,000 for each of fiscal years 2014 through 

14 2018.’’. 

Æ 


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