II 

113TH CONGRESS 

1ST SESSION S. 1110 

To amend part A of title I of the Elementary and Secondary Education 

Act of 1965. 

IN THE SENATE OF THE UNITED STATES 

JUNE 6, 2013 

Ms. MURKOWSKI introduced the following bill; which was read twice and 

referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend part A of title I of the Elementary and Secondary 

Education Act of 1965. 

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 ‘‘Educational Account5 ability and State Flexibility Act of 2013’’. 

6 SEC. 2. IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 

7 DISADVANTAGED. 

8 (a) PURPOSE AUTHORIZATION, AND SCHOOL IM9 PROVEMENT FUNDS.—Sections 1001 through 1003 of the 


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1 Elementary and Secondary Education Act of 1965 (20 

2 U.S.C. 6301 et seq.) are amended to read as follows: 

3 ‘‘SEC. 1001. STATEMENT OF PURPOSE. 

4 ‘‘The purpose of this title is to ensure that all chil5 dren have a fair, equal, and significant opportunity to ob6 tain a high-quality education and reach, at a minimum, 

7 proficiency on challenging State academic achievement 

8 standards and State academic assessments. This purpose 

9 can be accomplished by— 

10 ‘‘(1) ensuring that high-quality academic as11 sessments, accountability systems, teacher prepara12 tion and training, curriculum, and instructional ma13 terials are aligned with challenging State academic 

14 standards so that students, teachers, parents, and 

15 administrators can measure progress against com16 mon expectations for student academic achievement; 

17 ‘‘(2) meeting the educational needs of low18 achieving children in our Nation’s highest-poverty 

19 schools, limited English proficient children, migra20 tory children, children with disabilities, Indian, Alas21 ka Native and Native Hawaiian children, neglected 

22 or delinquent children, and young children in need 

23 of reading assistance; 

24 ‘‘(3) closing the achievement gap between high25 and low-performing children, especially the achieveVerDate Mar 15 2010 04:06 Jun 08, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1110.IS S1110

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1 ment gaps between minority and nonminority stu2 dents, and between disadvantaged children and their 

3 more advantaged peers; 

4 ‘‘(4) holding schools, local educational agencies, 

5 and States accountable for improving the academic 

6 achievement of all students, and identifying and 

7 turning around low-performing schools that have 

8 failed to provide a high-quality education to their 

9 students, while providing alternatives to students in 

10 such schools to enable the students to receive a high11 quality education; 

12 ‘‘(5) distributing and targeting resources suffi13 ciently to make a difference to local educational 

14 agencies and schools where needs are greatest; 

15 ‘‘(6) improving and strengthening account16 ability, teaching, and learning by using State assess17 ment systems designed to ensure that students are 

18 meeting challenging State academic achievement and 

19 content standards and increasing achievement over20 all, but especially for the disadvantaged; 

21 ‘‘(7) providing greater decisionmaking authority 

22 and flexibility to schools and teachers in exchange 

23 for greater responsibility for student performance; 

24 ‘‘(8) providing children an enriched and acceler25 ated educational program, including the use of 


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1 schoolwide programs or additional services that in2 crease the amount and quality of instructional time; 

3 ‘‘(9) promoting schoolwide reform and ensuring 

4 the access of children to effective, scientifically based 

5 instructional strategies and challenging academic 

6 content; 

7 ‘‘(10) significantly elevating the quality of in8 struction by providing staff in participating schools 

9 with substantial opportunities for professional devel10 opment; 

11 ‘‘(11) coordinating services under all parts of 

12 this title with each other, with other educational 

13 services, and, to the extent feasible, with other agen14 cies providing services to youth, children, and fami15 lies; and 

16 ‘‘(12) affording parents substantial and mean17 ingful opportunities to participate in the education 

18 of their children. 

19 ‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. 

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

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

22 to be appropriated such sums as necessary for fiscal years 

23 2014 through 2019. 

24 ‘‘(b) IMPROVING LITERACY THROUGH SCHOOL LI25 BRARIES.—For the purpose of carrying out subpart 4 of 


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1 part B, there are authorized to be appropriated 

2 $250,000,000 for fiscal year 2014 and such sums as may 

3 be necessary for each of the 5 succeeding fiscal years. 

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

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

6 to be appropriated $410,000,000 for fiscal year 2014 and 

7 such sums as may be necessary for each of the 5 suc8 ceeding fiscal years. 

9 ‘‘(d) PREVENTION AND INTERVENTION PROGRAMS

10 FOR YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT

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

12 authorized to be appropriated $50,000,000 for fiscal year 

13 2014 and such sums as may be necessary for each of the 

14 5 succeeding fiscal years. 

15 ‘‘(e) FEDERAL ACTIVITIES.— 

16 ‘‘(1) SECTIONS 1501 AND 1502.—For the pur17 pose of carrying out sections 1501 and 1502, there 

18 are authorized to be appropriated such sums as may 

19 be necessary for fiscal year 2014 and each of the 5 

20 succeeding fiscal years. 

21 ‘‘(2) SECTION 1504.— 

22 ‘‘(A) IN GENERAL.—For the purpose of 

23 carrying out section 1504, there are authorized 

24 to be appropriated such sums as may be necVerDate Mar 15 2010 04:06 Jun 08, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1110.IS S1110

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1 essary for fiscal year 2014 and for each of the 

2 5 succeeding fiscal years. 

3 ‘‘(B) SPECIAL RULE.—Of the funds appro4 priated pursuant to subparagraph (A), not 

5 more than 30 percent may be used for teachers 

6 associated with students participating in the 

7 programs described in subsections (a)(1), 

8 (b)(1), and (c)(1). 

9 ‘‘(f) COMPREHENSIVE SCHOOL REFORM.—For the 

10 purpose of carrying out part F, there are authorized to 

11 be appropriated such sums as may be necessary for fiscal 

12 year 2014 and each of the 5 succeeding fiscal years. 

13 ‘‘(g) ADVANCED PLACEMENT.—For the purposes of 

14 carrying out part G, there are authorized to be appro15 priated such sums for fiscal year 2014 and each 5 suc16 ceeding fiscal year. 

17 ‘‘(h) SCHOOL DROPOUT PREVENTION.—For the pur18 pose of carrying out part H, there are authorized to be 

19 appropriated $125,000,000 for fiscal year 2014 and such 

20 sums as may be necessary for each of the 5 succeeding 

21 fiscal years, of which— 

22 ‘‘(1) up to 10 percent shall be available to carry 

23 out subpart 1 of part H for each fiscal year; and 

24 ‘‘(2) the remainder shall be available to carry 

25 out subpart 2 of part H for each fiscal year. 


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1 ‘‘(i) SCHOOL IMPROVEMENT.—For the purpose of 

2 carrying out section 1003(g), there are authorized to be 

3 appropriated $500,000,000 for fiscal year 2014 and such 

4 sums as may be necessary for each of the 5 succeeding 

5 fiscal years. 

6 ‘‘SEC. 1003. SCHOOL IMPROVEMENT. 

7 ‘‘(a) STATE RESERVATIONS.—Each State shall re8 serve 4 percent of the amount received under subpart 2 

9 of part A for fiscal years 2014 through 2019, to carry 

10 out subsection (b) and to carry out the State’s responsibil11 ities under sections 1116 and 1117, including carrying out 

12 the State educational agency’s statewide system of tech13 nical assistance and support for local educational agencies. 

14 ‘‘(b) USES.—Of the amount reserved under sub15 section (a) for any fiscal year, the State educational agen16 cy— 

17 ‘‘(1) shall allocate not less than 95 percent of 

18 that amount directly to local educational agencies 

19 for schools identified by the State in a tier described 

20 in paragraph (2), (3), or (4) of section 1116(c); or 

21 ‘‘(2) may, with the approval of the local edu22 cational agency, directly provide for these activities 

23 or arrange for their provision through other entities 

24 such as school support teams or educational service 

25 agencies. 


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1 ‘‘(c) PRIORITY.—The State educational agency, in al2 locating funds to local educational agencies under this sec3 tion, shall give priority to local educational agencies 

4 that— 

5 ‘‘(1) serve the lowest-achieving schools; 

6 ‘‘(2) demonstrate the greatest need for such 

7 funds; and 

8 ‘‘(3) demonstrate the strongest commitment to 

9 ensuring that such funds are used to enable the low10 est-achieving schools to meet or make satisfactory 

11 progress toward meeting State standards, in accord12 ance with section 1111(b)(2). 

13 ‘‘(d) UNUSED FUNDS.—If, after consultation with 

14 local educational agencies in the State, the State edu15 cational agency determines that the amount of funds re16 served to carry out subsection (b) is greater than the 

17 amount needed to provide the assistance described in that 

18 subsection, the State educational agency shall allocate the 

19 excess amount to local educational agencies in accordance 

20 with— 

21 ‘‘(1) the relative allocations the State edu22 cational agency made to those agencies for that fis23 cal year under subpart 2 of part A; or 

24 ‘‘(2) section 1126(c). 


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1 ‘‘(e) SPECIAL RULE.—Notwithstanding any other 

2 provision of this section, the amount of funds reserved by 

3 the State educational agency under subsection (a) in any 

4 fiscal year shall not decrease the amount of funds each 

5 local educational agency receives under subpart 2 below 

6 the amount received by such local educational agency 

7 under such subpart for the preceding fiscal year. 

8 ‘‘(f) REPORTING.—The State educational agency 

9 shall make publicly available a list of those schools that 

10 have received funds or services pursuant to subsection (b) 

11 and the percentage of students from each school from fam12 ilies with incomes below the poverty line. 

13 ‘‘(g) ASSISTANCE FOR LOCAL SCHOOL IMPROVE14 MENT.— 

15 ‘‘(1) PROGRAM AUTHORIZED.—The Secretary 

16 shall award grants to States to enable the States to 

17 provide subgrants to local educational agencies for 

18 the purpose of providing assistance for school im19 provement consistent with section 1116. 

20 ‘‘(2) STATE ALLOTMENTS.—Such grants shall 

21 be allotted among States, the Bureau of Indian Edu22 cation, and the outlying areas, in proportion to the 

23 funds received by the States, the Bureau of Indian 

24 Education, and the outlying areas, respectively, for 

25 the fiscal year under parts A, C, and D of this title. 


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1 The Secretary shall expeditiously allot a portion of 

2 such funds to States for the purpose of assisting 

3 local educational agencies identified under section 

4 1116(c)(3) and schools that were identified under 

5 paragraph (1), (6), or (7) of section 1116(b) on the 

6 day preceding the date of enactment of the Edu7 cational Accountability and State Flexibility Act of 

8 2013. 

9 ‘‘(3) REALLOCATIONS.—If a State does not re10 ceive funds under this subsection, the Secretary shall 

11 reallocate such funds to other States in the same 

12 proportion funds are allocated under paragraph (2). 

13 ‘‘(4) STATE APPLICATIONS.—Each State edu14 cational agency that desires to receive funds under 

15 this subsection shall submit an application to the 

16 Secretary at such time, and containing such infor17 mation, as the Secretary shall reasonably require, 

18 except that such requirement shall be waived if a 

19 State educational agency submitted such information 

20 as part of its State plan under this part. Each State 

21 application shall describe how the State educational 

22 agency will allocate such funds in order to assist the 

23 State educational agency and local educational agen24 cies in complying with the requirements of section 

25 1116. 


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

2 A grant to a local educational agency under this 

3 subsection shall be— 

4 ‘‘(A) of sufficient size and scope to support 

5 the activities required under sections 1116 and 

6 1117, but not less than $50,000 and not more 

7 than $500,000 for each participating school; 

8 ‘‘(B) integrated with other funds awarded 

9 by the State under this Act; and 

10 ‘‘(C) renewable for two additional 1-year 

11 periods if schools are meeting their goals, as de12 termined by the State in accordance with sec13 tion 1116. 

14 ‘‘(6) PRIORITY.—The State, in awarding such 

15 grants, shall give priority to local educational agen16 cies with the lowest-achieving schools that dem17 onstrate— 

18 ‘‘(A) the greatest need for such funds; and 

19 ‘‘(B) the strongest commitment to ensur20 ing that such funds are used to provide ade21 quate resources to enable the lowest-achieving 

22 schools to meet the requirements of section 

23 1116. 

24 ‘‘(7) ALLOCATION.—A State educational agency 

25 that receives a grant under this subsection shall alloVerDate Mar 15 2010 04:06 Jun 08, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1110.IS S1110

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1 cate at least 95 percent of the grant funds directly 

2 to local educational agencies for schools identified by 

3 the State as being in a tier described in paragraph 

4 (2), (3), or (4) of section 1116(c) to carry out activi5 ties described in such section, or may, with the ap6 proval of the local educational agency, directly pro7 vide for these activities or arrange for their provision 

8 through other entities such as school support teams 

9 or educational service agencies. 

10 ‘‘(8) ADMINISTRATIVE COSTS.—A State edu11 cational agency that receives a grant award under 

12 this subsection may reserve not more than 5 percent 

13 of such grant funds for administration, evaluation, 

14 and technical assistance expenses. 

15 ‘‘(9) LOCAL AWARDS.—Each local educational 

16 agency that applies for assistance under this sub17 section shall describe how it will provide the lowest18 achieving schools the resources necessary to assist 

19 such schools to meet or make satisfactory progress 

20 toward meeting State standards, in accordance with 

21 sections 1111 and 1116.’’. 

22 (b) BASIC PROGRAM REQUIREMENTS AND STATE AC23 COUNTABILITY SYSTEM.—Sections 1111 through 1119 of 

24 title I of the Elementary and Secondary Education Act 

25 of 1965 (20 U.S.C. 6311) are amended to read as follows: 


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1 ‘‘SEC. 1111. STATE PLANS. 

2 ‘‘(a) PLANS REQUIRED.— 

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

4 receive a grant under this part, the State edu5 cational agency shall submit to the Secretary a plan, 

6 developed by the State educational agency, in con7 sultation with local educational agencies, teachers, 

8 principals, pupil services personnel, administrators 

9 (including administrators of programs described in 

10 other parts of this title), other staff, parents, and 

11 representatives of tribes and Native organizations lo12 cated in the State, that satisfies the requirements of 

13 this section and that is coordinated with other pro14 grams under this Act (including the comprehensive 

15 program plans described in section 7114), the Indi16 viduals with Disabilities Education Act, the Carl D. 

17 Perkins Career and Technical Education Act of 

18 2006, the Head Start Act, the Adult Education and 

19 Family Literacy Act, and the McKinney-Vento 

20 Homeless Assistance Act. 

21 ‘‘(2) SPECIAL RULE.—Notwithstanding para22 graph (1), a State that has received a waiver under 

23 the Secretary’s authority under section 9401 before 

24 the date of enactment of the Educational Account25 ability and State Flexibility Act of 2013 may meet 

26 the requirements of this part by implementing the 


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1 requirements under the waiver agreement for the pe2 riod of the waiver, or may adopt and implement a 

3 plan that meets the requirements of this subpart. 

4 ‘‘(3) CONSOLIDATED PLAN.—A State plan sub5 mitted under paragraph (1) may be submitted as 

6 part of a consolidated plan under section 9302. 

7 ‘‘(b) ACADEMIC STANDARDS, ACADEMIC ASSESS8 MENTS, AND ACCOUNTABILITY.— 

9 ‘‘(1) CHALLENGING ACADEMIC STANDARDS.— 

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

11 demonstrate that the State has adopted chal12 lenging academic content standards and chal13 lenging student academic achievement stand14 ards that will be used by the State, its local 

15 educational agencies, and its schools to carry 

16 out this part, except that a State shall not be 

17 required to submit such standards to the Sec18 retary. 

19 ‘‘(B) SAME STANDARDS.—The academic 

20 standards required by subparagraph (A) shall 

21 be the same academic standards that the State 

22 applies to all schools and children in the State. 

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

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1 cluding children served under this part, in sub2 jects determined by the State, but including at 

3 least mathematics, reading or language arts, 

4 and science, which shall include the same 

5 knowledge, skills, and levels of achievement ex6 pected of all children. 

7 ‘‘(D) CHALLENGING ACADEMIC STAND8 ARDS.—Standards under this paragraph shall 

9 include— 

10 ‘‘(i) challenging academic content 

11 standards in academic subjects that— 

12 ‘‘(I) specify what children are ex13 pected to know and be able to do; 

14 ‘‘(II) contain coherent and rig15 orous content; and 

16 ‘‘(III) encourage the teaching of 

17 advanced skills; and 

18 ‘‘(ii) challenging student academic 

19 achievement standards that— 

20 ‘‘(I) are aligned with the State’s 

21 academic content standards; 

22 ‘‘(II) are aligned with the aca23 demic coursework at public institu24 tions of higher education in the State, 

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1 cation standards, and appropriate ca2 reer skills as determined appropriate 

3 by the State; 

4 ‘‘(III) describe two levels of high 

5 achievement (proficient and advanced) 

6 that determine how well children are 

7 mastering the material in the State 

8 academic content standards; 

9 ‘‘(IV) describe a third level of 

10 achievement (basic) to provide com11 plete information about the progress 

12 of the lower-achieving children toward 

13 mastering the proficient and advanced 

14 levels of achievement; and 

15 ‘‘(V) will prepare a student who 

16 graduates from secondary school and 

17 who has been determined to be pro18 ficient, to succeed without the need 

19 for remediation at a public institution 

20 of higher education, job training, or 

21 work. 

22 ‘‘(E) INFORMATION.—For the subjects in 

23 which students will be served under this part, 

24 but for which a State is not required by sub25 paragraphs (A), (B), and (C) to develop, and 


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1 has not otherwise developed, such academic 

2 standards, the State plan shall describe a strat3 egy for ensuring that students are taught the 

4 same knowledge and skills in such subjects and 

5 held to the same expectations as are all chil6 dren. 

7 ‘‘(F) EXISTING STANDARDS.—Nothing in 

8 this part shall prohibit a State from revising, 

9 consistent with this section, any standard 

10 adopted under this part before or after the date 

11 of enactment of the Educational Accountability 

12 and State Flexibility Act of 2013. 

13 ‘‘(2) ACCOUNTABILITY.— 

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

15 demonstrate that the State has developed and is 

16 implementing a single, statewide State account17 ability system that will be effective in ensuring 

18 that all local educational agencies, public ele19 mentary schools, and public secondary schools 

20 meet or make satisfactory progress toward 

21 meeting State standards as defined under this 

22 paragraph. Each State accountability system 

23 shall— 

24 ‘‘(i) be based on the academic stand25 ards and academic assessments adopted 


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1 under paragraphs (1) and (3), and other 

2 academic indicators consistent with sub3 paragraph (C)(vi) and (vii), and shall take 

4 into account the achievement of all public 

5 elementary school and secondary school 

6 students; 

7 ‘‘(ii) be the same accountability sys8 tem the State uses for all public elemen9 tary schools and secondary schools or all 

10 local educational agencies in the State, ex11 cept that public elementary schools, sec12 ondary schools, and local educational agen13 cies not participating under this part are 

14 not subject to the requirements of section 

15 1116; and 

16 ‘‘(iii) include recognition for schools 

17 that meet or are making satisfactory 

18 progress toward meeting State standards 

19 and assistance for schools that do not meet 

20 or make satisfactory progress toward meet21 ing State standards as described in section 

22 1116. 

23 ‘‘(B) MEETING OR MAKING SATISFACTORY

24 PROGRESS TOWARD MEETING STATE STAND25 ARDS.— 


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1 ‘‘(i) IN GENERAL.—Each State plan 

2 shall demonstrate, based on academic as3 sessments described in paragraph (3) and 

4 other indicators the State may adopt (as 

5 described in clause (ii)) and in accordance 

6 with this paragraph, what constitutes 

7 meeting, or making satisfactory progress 

8 toward meeting, State standards for all 

9 public elementary schools, secondary 

10 schools, and local educational agencies in 

11 the State, in order to enable all public ele12 mentary school and secondary school stu13 dents to meet the State’s student academic 

14 achievement standards, while working to15 ward the goal of narrowing the achieve16 ment gaps in the State, local educational 

17 agencies, and schools. 

18 ‘‘(ii) ADDITIONAL INDICATORS.—If a 

19 State chooses to adopt additional indica20 tors to be used in the determination re21 garding meeting State standards, the State 

22 shall include a description of such indica23 tors in the State plan. 


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1 ‘‘(C) DEFINITION.—The term ‘meeting 

2 State standards’ shall be defined by the State 

3 for purposes of this part in a manner that— 

4 ‘‘(i) applies the same high standards 

5 of academic achievement to all public ele6 mentary school and secondary school stu7 dents in the State; 

8 ‘‘(ii) is statistically valid and reliable; 

9 ‘‘(iii) results in continuous and sub10 stantial academic improvement for all stu11 dents; 

12 ‘‘(iv) measures the progress of public 

13 elementary schools, secondary schools, and 

14 local educational agencies and the State 

15 based primarily on the academic assess16 ments described in paragraph (3) and 

17 other factors the State may adopt, in ac18 cordance with subparagraph (B); 

19 ‘‘(v) includes separate measurable an20 nual objectives for continuous and substan21 tial improvement for each of the following: 

22 ‘‘(I) The achievement of all pub23 lic elementary school and secondary 

24 school students. 

25 ‘‘(II) The achievement of— 


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1 ‘‘(aa) economically disadvan2 taged students; 

3 ‘‘(bb) students from major 

4 racial and ethnic groups; 

5 ‘‘(cc) students with disabil6 ities; and 

7 ‘‘(dd) students with limited 

8 English proficiency; 

9 except that disaggregation of data 

10 under subclause (II) shall not be re11 quired in a case in which the number 

12 of students in a category is insuffi13 cient to yield statistically reliable in14 formation or the results would reveal 

15 personally identifiable information 

16 about an individual student; 

17 ‘‘(vi) in accordance with subparagraph 

18 (D), includes graduation rates for public 

19 secondary school students (defined as the 

20 percentage of students who graduate from 

21 secondary school with a regular diploma in 

22 the standard number of years or, for stu23 dents who are children with disabilities, 

24 within the time allotted by the Individuals 

25 with Disabilities Education Act) and at 


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1 least one other academic indicator, as de2 termined by the State for all public ele3 mentary school students; and 

4 ‘‘(vii) in accordance with subpara5 graph (D), at the State’s discretion, may 

6 also include other academic indicators, as 

7 determined by the State for all public 

8 school students, measured separately for 

9 each group described in clause (v), such as 

10 achievement on additional State or locally 

11 administered assessments, decreases in 

12 grade-to-grade retention rates, attendance 

13 rates, and changes in the percentages of 

14 students completing gifted and talented, 

15 advanced placement, and college pre16 paratory courses. 

17 ‘‘(D) REQUIREMENTS FOR OTHER INDICA18 TORS.—In carrying out subparagraph (C)(vi) 

19 and (vii), the State— 

20 ‘‘(i) shall ensure that the indicators 

21 described in those provisions are valid and 

22 reliable, and are consistent with relevant, 

23 nationally recognized professional and 

24 technical standards, if any; and 


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1 ‘‘(ii) except as provided in subpara2 graph (I)(i), may not use those indicators 

3 to reduce the number of, or change, the 

4 schools that would otherwise not meet or 

5 make satisfactory progress toward meeting 

6 State standards under section 1116 if 

7 those additional indicators were not used, 

8 but may use them to identify additional 

9 schools for school improvement. 

10 ‘‘(E) TIMELINE.—Each State shall estab11 lish a timeline for students in each subgroup 

12 described in subparagraph (C)(v)(II) in each 

13 school to meet or make substantial gains to14 ward meeting State standards. 

15 ‘‘(F) MEASURABLE OBJECTIVES.—Each 

16 State shall establish statewide annual measur17 able objectives, pursuant to subparagraph 

18 (C)(v), for meeting the requirements of this 

19 paragraph, and which— 

20 ‘‘(i) shall be set separately for the as21 sessments of mathematics and reading or 

22 language arts under paragraph (3); 

23 ‘‘(ii) shall be the same for all schools 

24 and local educational agencies in the State; 


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1 ‘‘(iii) shall identify a single minimum 

2 percentage of students who are required to 

3 meet or exceed the proficient level on the 

4 academic assessments that applies sepa5 rately to each group of students described 

6 in subparagraph (C)(v); 

7 ‘‘(iv) shall ensure that all students 

8 will meet or exceed the State’s proficient 

9 level of academic achievement on the State 

10 assessments within the State’s timeline 

11 under subparagraph (F); and 

12 ‘‘(v) may be the same for more than 

13 1 year, subject to the requirements of sub14 paragraph (H). 

15 ‘‘(G) INTERMEDIATE GOALS FOR MEETING

16 STATE STANDARDS.—Each State shall establish 

17 intermediate goals for meeting the require18 ments, including the measurable objectives in 

19 subparagraph (F), of this paragraph. Each 

20 State shall determine the rate of satisfactory 

21 progress toward meeting State standards that 

22 is acceptable. A State may require schools to— 

23 ‘‘(i) increase proficiency rates by 50 

24 percent for every subgroup described in 


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1 subparagraph (C)(v) over a period of 6 

2 years; 

3 ‘‘(ii) increase proficiency in annual in4 crements that result in 100 percent pro5 ficiency for all students in 6 years; or 

6 ‘‘(iii) use another method that is edu7 cationally sound and results in ambitious 

8 but achievable progress toward ensuring 

9 that all students are prepared to succeed 

10 in college, job training, or work. 

11 ‘‘(H) ANNUAL IMPROVEMENT FOR

12 SCHOOLS.—Each year, the State shall deter13 mine whether— 

14 ‘‘(i) each group of students described 

15 in subparagraph (C)(v) has met or exceed16 ed the objectives set by the State under 

17 subparagraph (F), except that if any group 

18 described in subparagraph (C)(v) does not 

19 meet those objectives in any particular 

20 year, the school shall be considered to have 

21 met State standards if students in that 

22 group who did not meet or exceed the pro23 ficient level of academic achievement on 

24 the State assessments under paragraph (3) 

25 for that year have made at least one year’s 


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1 academic progress or have made substan2 tial gains in meeting State standards, as 

3 determined by the State in accordance with 

4 this paragraph; and 

5 ‘‘(ii) not less than 95 percent of each 

6 group of students described in subpara7 graph (C)(v) who are enrolled in the school 

8 are required to take the assessments, con9 sistent with paragraph (3)(C)(xi) and with 

10 accommodations, guidelines, and alter11 native assessments provided in the same 

12 manner as those provided under section 

13 612(a)(16)(A) of the Individuals with Dis14 abilities Education Act and paragraph (3), 

15 on which meeting State standards is based 

16 (except that the 95 percent requirement 

17 described in this clause shall not apply in 

18 a case in which the number of students in 

19 a category is insufficient to yield statis20 tically reliable information or the results 

21 would reveal personally identifiable infor22 mation about an individual student). 

23 ‘‘(I) UNIFORM AVERAGING PROCEDURE.— 

24 For the purpose of determining whether schools 

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1 ward meeting State standards, the State may 

2 establish a uniform procedure for averaging 

3 data which includes one or more of the fol4 lowing: 

5 ‘‘(i) The State may average data from 

6 the school year for which the determina7 tion is made with data from one or two 

8 school years immediately preceding that 

9 school year. 

10 ‘‘(ii) Until the assessments described 

11 in paragraph (3) are administered in such 

12 manner and time to allow for the imple13 mentation of the uniform procedure for 

14 averaging data described in clause (i), the 

15 State may use the academic assessments 

16 that were required under paragraph (3) as 

17 that paragraph was in effect on the day 

18 preceding the date of enactment of the 

19 Educational Accountability and State 

20 Flexibility Act of 2013, provided that noth21 ing in this clause shall be construed to un22 dermine or delay the determination of 

23 meeting State standards, the requirements 

24 of section 1116, or the implementation of 

25 assessments under this section. 


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1 ‘‘(J) ACCOUNTABILITY FOR CHARTER

2 SCHOOLS.—The accountability provisions under 

3 this Act shall be overseen for charter schools in 

4 accordance with State charter school law. 

5 ‘‘(K) NO APPROVAL REQUIRED.—The 

6 State is not required to receive the approval of 

7 the Secretary for a State plan under this para8 graph. 

9 ‘‘(3) ACADEMIC ASSESSMENTS.— 

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

11 demonstrate that the State educational agency, 

12 in consultation with local educational agencies, 

13 has implemented a set of high-quality, yearly 

14 student academic assessments that include, at a 

15 minimum, academic assessments in mathe16 matics, reading or language arts, and science 

17 that will be used as the primary means of deter18 mining the yearly performance of the State and 

19 of each local educational agency and school in 

20 the State in enabling all children to meet the 

21 State’s challenging student academic achieve22 ment standards. 

23 ‘‘(B) USE OF ASSESSMENTS.—Each State 

24 educational agency may incorporate the data 

25 from the assessments under this paragraph into 


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1 a State-developed longitudinal data system that 

2 links student test scores, length of enrollment, 

3 graduation records over time, and other data as 

4 the State may determine to be appropriate. 

5 ‘‘(C) REQUIREMENTS.—Such assessments 

6 shall— 

7 ‘‘(i) be the same academic assess8 ments used to measure the achievement of 

9 all children, except for those students with 

10 significant cognitive disabilities for whom 

11 an alternative assessment would be appro12 priate; 

13 ‘‘(ii) be aligned with the State’s chal14 lenging academic content and student aca15 demic achievement standards, and provide 

16 coherent information about student attain17 ment of such standards; 

18 ‘‘(iii) be used for purposes for which 

19 such assessments are valid and reliable, 

20 and be consistent with relevant, nationally 

21 recognized professional and technical 

22 standards; 

23 ‘‘(iv) be used only if the State edu24 cational agency provides to the Secretary 

25 evidence from the test publisher or other 


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1 relevant sources that the assessments used 

2 are of adequate technical quality for each 

3 purpose required under this Act and are 

4 consistent with the requirements of this 

5 section, and such evidence is made public 

6 by the Secretary upon request; 

7 ‘‘(v) measure the achievement of all 

8 students against the challenging State aca9 demic content and student academic 

10 achievement standards in science and be 

11 administered not less than one time dur12 ing— 

13 ‘‘(I) grades 3 through 5; 

14 ‘‘(II) grades 6 through 9; and 

15 ‘‘(III) grades 10 through 12; 

16 ‘‘(vi) involve multiple up-to-date meas17 ures of student academic achievement, in18 cluding measures that assess higher-order 

19 thinking skills and understanding; 

20 ‘‘(vii) measure the achievement of all 

21 students against the challenging State aca22 demic content and student academic 

23 achievement standards in each of grades 3 

24 through 8 in, at a minimum, mathematics, 

25 and reading or language arts; 


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1 ‘‘(viii) at the discretion of the State, 

2 measure the proficiency of students in aca3 demic subjects not described in clauses (v), 

4 (vi), (vii) in which the State has adopted 

5 challenging academic content and academic 

6 achievement standards; 

7 ‘‘(ix) provide for— 

8 ‘‘(I) the participation in such as9 sessments of all students; 

10 ‘‘(II) the valid and reliable adap11 tations and accommodations necessary 

12 for students who are children with 

13 disabilities to measure the academic 

14 achievement of such students relative 

15 to State academic content and State 

16 student academic achievement stand17 ards; and 

18 ‘‘(III) the inclusion of limited 

19 English proficient students, who shall 

20 be assessed in a valid and reliable 

21 manner and provided reasonable ac22 commodations on assessments admin23 istered to such students under this 

24 paragraph, including, to the extent 

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1 guage and form most likely to yield 

2 accurate data on what such students 

3 know and can do in academic content 

4 areas, until such students have 

5 achieved English language proficiency 

6 as determined under paragraph (7); 

7 ‘‘(x) notwithstanding clause (ix)(III), 

8 the academic assessment of reading or lan9 guage arts, mathematics, and science shall 

10 be in English, except that if the local edu11 cational agency determines, on a case-by12 case individual basis, that academic assess13 ments in another language or form would 

14 likely yield more accurate and reliable in15 formation on what such student knows and 

16 can do, the local educational agency may 

17 make a determination to assess such stu18 dent in the appropriate language other 

19 than English, provided that such student 

20 has not yet reached a level of English lan21 guage proficiency sufficient to yield valid 

22 and reliable information on what such stu23 dent knows and can do on tests written in 

24 English; 


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1 ‘‘(xi) include students who have at2 tended schools in a local educational agen3 cy for a full academic year but have not at4 tended a single school for a full academic 

5 year, except that the performance of stu6 dents who have attended more than 1 

7 school in the local educational agency in 

8 any academic year shall be used only in de9 termining the progress of the local edu10 cational agency; 

11 ‘‘(xii) produce individual student in12 terpretive, descriptive, and diagnostic re13 ports, consistent with clause (iii) that allow 

14 parents, teachers, and principals to under15 stand and address the specific academic 

16 needs of students, and include information 

17 regarding achievement on academic assess18 ments aligned with State academic achieve19 ment standards, and that are provided to 

20 parents, teachers, and principals, as soon 

21 as is practicably possible after the assess22 ment is given, in an understandable and 

23 uniform format, and to the extent prac24 ticable, in a language that parents can un25 derstand; 


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1 ‘‘(xiii) enable results to be 

2 disaggregated within each State, local edu3 cational agency, and school by gender, by 

4 each major racial and ethnic group, by 

5 English proficiency status, by migrant sta6 tus, by students with disabilities as com7 pared to nondisabled students, and by eco8 nomically disadvantaged students as com9 pared to students who are not economically 

10 disadvantaged, except that, in the case of 

11 a local educational agency or a school, such 

12 disaggregation shall not be required in a 

13 case in which the number of students in a 

14 category is insufficient to yield statistically 

15 reliable information or the results would 

16 reveal personally identifiable information 

17 about an individual student; 

18 ‘‘(xiv) be consistent with widely ac19 cepted professional testing standards, ob20 jectively measure academic achievement, 

21 knowledge, and skills, and be tests that do 

22 not evaluate or assess personal or family 

23 beliefs and attitudes, or publicly disclose 

24 personally identifiable information; and 


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1 ‘‘(xv) enable itemized score analyses 

2 to be produced and reported, consistent 

3 with clause (iii), to local educational agen4 cies and schools, so that parents, teachers, 

5 principals, and administrators can inter6 pret and address the specific academic 

7 needs of students as indicated by the stu8 dents’ achievement on assessment items. 

9 ‘‘(4) SPECIAL RULE.—Academic assessment 

10 measures in addition to those in paragraph (3) that 

11 do not meet the requirements of such paragraph 

12 may be included in the assessment under paragraph 

13 (3) as additional measures, but may not be used in 

14 lieu of the academic assessments required under 

15 paragraph (3). Such additional assessment measures 

16 may not be used to reduce the number of or change 

17 the schools that would otherwise be determined to 

18 have not met State standards under section 1116 if 

19 such additional indicators were not used, but may be 

20 used to identify additional such schools. 

21 ‘‘(5) STATE AUTHORITY.—If neither a State 

22 educational agency nor any other State government 

23 official, agency, or entity has sufficient authority, 

24 under State law, to adopt curriculum content and 

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1 demic assessments aligned with such academic 

2 standards, which will be applicable to all students 

3 enrolled in the State’s public elementary schools and 

4 secondary schools, then the State educational agency 

5 may meet the requirements of this subsection by— 

6 ‘‘(A) adopting academic standards and 

7 academic assessments that meet the require8 ments of this subsection, on a statewide basis, 

9 and limiting their applicability to students 

10 served under this part; or 

11 ‘‘(B) adopting and implementing policies 

12 that ensure that each local educational agency 

13 in the State that receives grants under this part 

14 will adopt curriculum content and student aca15 demic achievement standards, and academic as16 sessments aligned with such standards, which— 

17 ‘‘(i) meet all of the criteria in this 

18 subsection and any regulations regarding 

19 such standards and assessments that the 

20 Secretary may publish; and 

21 ‘‘(ii) are applicable to all students 

22 served by each such local educational agen23 cy. 

24 ‘‘(6) LANGUAGE ASSESSMENTS.—Each State 

25 plan shall identify the languages other than English 


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1 that are present in the participating student popu2 lation and indicate the languages for which yearly 

3 student academic assessments are not available and 

4 are needed. The State shall make every effort to de5 velop such assessments and may request assistance 

6 from the Secretary, an institution of higher edu7 cation, tribes, or other entities, if linguistically ac8 cessible academic assessment measures are needed. 

9 Upon request, the Secretary shall assist with the 

10 identification of appropriate academic assessment 

11 measures in the needed languages, but shall not 

12 mandate a specific academic assessment or mode of 

13 instruction. 

14 ‘‘(7) ACADEMIC ASSESSMENTS OF ENGLISH

15 LANGUAGE PROFICIENCY.—Each State plan shall 

16 demonstrate that local educational agencies in the 

17 State will provide for an annual assessment of 

18 English proficiency (measuring students’ oral lan19 guage, reading, and writing skills in English) of all 

20 students with limited English proficiency in the 

21 schools served by the State educational agency. 

22 ‘‘(8) REQUIREMENT.—Each State plan shall de23 scribe— 

24 ‘‘(A) how the State educational agency will 

25 assist each local educational agency and school 


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1 affected by the State plan to develop the capac2 ity to comply with each of the requirements of 

3 sections 1112(c)(1)(D), 1114(b), and 1115(c) 

4 that is applicable to such agency or school; 

5 ‘‘(B) how the State educational agency will 

6 assist each local educational agency and school 

7 affected by the State plan to provide additional 

8 educational assistance to individual students as9 sessed as needing help to achieve the State’s 

10 challenging academic achievement standards; 

11 ‘‘(C) the specific steps the State edu12 cational agency will take to ensure that both 

13 schoolwide programs and targeted assistance 

14 schools provide instruction by highly effective 

15 instructional staff as required by sections 

16 1114(b)(1)(C) and 1115(c)(1)(E), including 

17 steps that the State educational agency will 

18 take to ensure that poor and minority children 

19 are not taught at higher rates than other chil20 dren by inexperienced, unqualified, or out-of21 field teachers, and the measures that the State 

22 educational agency will use to evaluate and pub23 licly report the progress of the State edu24 cational agency with respect to such steps; 


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1 ‘‘(D) an assurance that the State edu2 cational agency will assist local educational 

3 agencies in developing or identifying high-qual4 ity effective curricula aligned with State aca5 demic achievement standards and how the State 

6 educational agency will disseminate such cur7 ricula to each local educational agency and 

8 school within the State; and 

9 ‘‘(E) such other factors the State edu10 cational agency determines appropriate to pro11 vide students an opportunity to achieve the 

12 knowledge and skills described in the chal13 lenging academic content standards adopted by 

14 the State. 

15 ‘‘(9) USE OF ACADEMIC ASSESSMENT RESULTS

16 TO IMPROVE STUDENT ACADEMIC ACHIEVEMENT.— 

17 Each State plan shall describe how the State edu18 cational agency will ensure that the results of the 

19 State assessments described in paragraph (3)— 

20 ‘‘(A) will be promptly provided to local 

21 educational agencies, schools, and teachers, and 

22 to tribes and Native organizations that provide 

23 educational services to American Indian or 

24 Alaska Natives in a manner that is clear and 


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1 easy to understand, but not later than before 

2 the beginning of the next school year; and 

3 ‘‘(B) be used by those local educational 

4 agencies, schools, and teachers to improve the 

5 educational achievement of individual students. 

6 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING

7 AND LEARNING.—Each State plan shall contain assur8 ances that— 

9 ‘‘(1) the State educational agency will meet the 

10 requirements of subsection (g)(1) and, will produce 

11 the annual State report cards described in such sub12 section; 

13 ‘‘(2) the State will participate in biennial State 

14 academic assessments of 4th and 8th grade reading 

15 and mathematics under the National Assessment of 

16 Educational Progress carried out under section 

17 303(b)(2) of the National Assessment of Edu18 cational Progress Authorization Act if the Secretary 

19 pays the costs of administering such assessments; 

20 ‘‘(3) the State educational agency, in consulta21 tion with the Governor, will include, as a component 

22 of the State plan, a plan to carry out the responsibil23 ities of the State under sections 1116 and 1117, in24 cluding carrying out the State educational agency’s 


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1 statewide system of technical assistance and support 

2 for local educational agencies; 

3 ‘‘(4) the State educational agency will work 

4 with other agencies, including educational service 

5 agencies or other local consortia, and institutions to 

6 provide technical assistance to local educational 

7 agencies and schools, including technical assistance 

8 in providing professional development under section 

9 1119, technical assistance under section 1117, and 

10 technical assistance relating to parental involvement 

11 under section 1118; 

12 ‘‘(5)(A) where educational service agencies 

13 exist, the State educational agency will consider pro14 viding professional development and technical assist15 ance through such agencies; and 

16 ‘‘(B) where educational service agencies do not 

17 exist, the State educational agency will consider pro18 viding professional development and technical assist19 ance through other cooperative agreements such as 

20 through a consortium of local educational agencies; 

21 ‘‘(6) the State educational agency will notify 

22 local educational agencies and the public of the con23 tent and student academic achievement standards 

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1 grams, and will fulfill the State educational agency’s 

2 responsibilities regarding school improvement under 

3 section 1116, including such corrective actions as 

4 are necessary; 

5 ‘‘(7) the State educational agency will provide 

6 the least restrictive and burdensome regulations for 

7 local educational agencies and individual schools par8 ticipating in a program assisted under this part; 

9 ‘‘(8) the State educational agency will inform 

10 the Secretary and the public of how Federal laws, if 

11 at all, hinder the ability of States to hold local edu12 cational agencies and schools accountable for stu13 dent academic achievement; 

14 ‘‘(9) the State educational agency will encour15 age schools to consolidate funds from other Federal, 

16 State, and local sources for schoolwide reform in 

17 schoolwide programs under section 1114; 

18 ‘‘(10) the State educational agency will modify 

19 or eliminate State fiscal and accounting barriers so 

20 that schools can easily consolidate funds from other 

21 Federal, State, and local sources for schoolwide pro22 grams under section 1114; 

23 ‘‘(11) the State educational agency has involved 

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1 tion 1903(b) in developing the plan and monitoring 

2 its implementation; 

3 ‘‘(12) the State educational agency will inform 

4 local educational agencies in the State of the local 

5 educational agency’s authority to transfer funds 

6 under title VI, to obtain waivers under part D of 

7 title IX, and, if the State is an Ed-Flex Partnership 

8 State, to obtain waivers under the Education Flexi9 bility Partnership Act of 1999; 

10 ‘‘(13) the State educational agency will coordi11 nate activities funded under this part with other 

12 Federal activities as appropriate; 

13 ‘‘(14) the State educational agency will encour14 age local educational agencies and individual schools 

15 participating in a program assisted under this part 

16 to offer family literacy services (using funds under 

17 this part), if the agency or school determines that a 

18 substantial number of students served under this 

19 part by the agency or school have parents who do 

20 not have a secondary school diploma or its recog21 nized equivalent or who have low levels of literacy; 

22 and 

23 ‘‘(15) the State educational agency has engaged 

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1 tions that may be located in the State in the devel2 opment of the State plan to serve local educational 

3 agencies under its jurisdiction in order to improve 

4 the coordination of activities under this Act, to meet 

5 the purpose of this title, and to meet the unique cul6 tural, language, and educational needs of American 

7 Indian, Alaska Native, and Native Hawaiian stu8 dents. 

9 ‘‘(d) PARENTAL INVOLVEMENT.—Each State plan 

10 shall describe how the State educational agency will sup11 port the collection and dissemination to local educational 

12 agencies and schools of effective parental involvement 

13 practices. Such practices shall— 

14 ‘‘(1) be based on the most current research that 

15 meets the highest professional and technical stand16 ards, on effective parental involvement that fosters 

17 achievement to high standards for all children; and 

18 ‘‘(2) be geared toward lowering barriers to 

19 greater participation by parents in school planning, 

20 review, and improvement experienced. 

21 ‘‘(e) PEER REVIEW.— 

22 ‘‘(1) SECRETARIAL DUTIES.—The Secretary 

23 shall— 

24 ‘‘(A) establish a peer-review process to as25 sist in the review of State plans; and 


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1 ‘‘(B) appoint individuals to the peer-review 

2 process who are representative of parents, 

3 teachers, State educational agencies, and local 

4 educational agencies, and, where applicable, 

5 representatives of tribes or tribal organizations 

6 who are familiar with educational standards, as7 sessments, accountability, the needs of low-per8 forming schools, and other educational needs of 

9 students. 

10 ‘‘(2) PEER REVIEW REPORT.—The peer review 

11 panel will provide their views on whether the State’s 

12 plan complies with the requirements of this section 

13 and the degree to which it is likely to improve the 

14 academic achievement of all students to the Sec15 retary and to the State. The Secretary shall make 

16 the peer review panel’s report public and shall pro17 vide copies to the Committee on Health, Education 

18 Labor, and Pensions of the Senate and the Edu19 cation and Workforce Committee of the House of 

20 Representatives. 

21 ‘‘(3) APPROVAL.—The Secretary shall approve 

22 a State plan within 120 days of its submission un23 less the Secretary determines that the State has not 

24 included all required information in its plan. 


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1 ‘‘(4) OPPORTUNITY TO REVISE.—If the Sec2 retary determines that the State has not included all 

3 required information in its State plan, the Secretary 

4 shall offer the State the opportunity to revise its 

5 plan. A State educational agency shall revise its 

6 State plan to include all required information in 

7 order to receive funds under subpart 2. 

8 ‘‘(5) LIMITS TO SECRETARY’S POWER.—The 

9 Secretary shall not have the authority to disapprove 

10 how the State plans to fulfill the requirements of 

11 this section, nor shall the Secretary have the author12 ity to require a State, as a condition of approval, 

13 funding, or priority for funding under this Act, to 

14 include or delete from the State plan 1 or more ele15 ments associated with the State’s standards, cur16 riculum, or assessments. 

17 ‘‘(f) DURATION OF THE PLAN.— 

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

19 ‘‘(A) remain in effect for the duration of 

20 the State’s participation under this part; and 

21 ‘‘(B) be periodically reviewed and revised 

22 as necessary by the State educational agency to 

23 reflect changes in the State’s strategies and 

24 programs under this part. 


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1 ‘‘(2) ADDITIONAL INFORMATION.—If significant 

2 changes are made to a State’s plan, such as the 

3 adoption of new State academic content standards 

4 and State student achievement standards, new aca5 demic assessments, or a new definition of meeting 

6 State standards, such information shall be submitted 

7 to the Secretary. The Secretary shall have no au8 thority to approve or disapprove such changes. 

9 ‘‘(g) REPORTS.— 

10 ‘‘(1) ANNUAL STATE REPORT CARD.— 

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

12 assistance under this part shall prepare and 

13 disseminate an annual State report card to the 

14 public. 

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

16 card shall be— 

17 ‘‘(i) concise; and 

18 ‘‘(ii) presented in an understandable 

19 and uniform format and, to the extent 

20 practicable, provided in a language that 

21 parents and the community can under22 stand. 

23 ‘‘(C) REQUIRED INFORMATION.—The 

24 State shall include in its annual State report 

25 card— 


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1 ‘‘(i) a clear and concise description of 

2 the State’s accountability system, including 

3 a description of the criteria by which the 

4 State evaluates school performance, and 

5 the criteria that the State has established, 

6 consistent with subsection (b)(2) and sec7 tion 1116, to determine the status of 

8 schools in the State’s multi-tiered system; 

9 ‘‘(ii) information, in the aggregate, on 

10 student achievement at each proficiency 

11 level on the State academic assessments 

12 described in subsection (b)(3) 

13 (disaggregated by race, ethnicity, gender, 

14 disability status, migrant status, English 

15 proficiency, and status as economically dis16 advantaged, except that such 

17 disaggregation shall not be required in a 

18 case in which the number of students in a 

19 category is insufficient to yield statistically 

20 reliable information or the results would 

21 reveal personally identifiable information 

22 about an individual student); 

23 ‘‘(iii) information that provides a com24 parison between the actual achievement 

25 levels of each group of students described 


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1 in subsection (b)(2)(C)(v) and the State’s 

2 annual measurable objectives for each such 

3 group of students on each of the academic 

4 assessments required under this part; 

5 ‘‘(iv) the percentage of students not 

6 tested (disaggregated by the same cat7 egories and subject to the same exception 

8 described in clause (i)); 

9 ‘‘(v) the most recent 2-year trend in 

10 student achievement in each subject area, 

11 and for each grade level, for which assess12 ments under this section are required; 

13 ‘‘(vi) aggregate information on any 

14 other indicators used by the State to deter15 mine whether students have met or are 

16 making satisfactory progress toward meet17 ing State standards; 

18 ‘‘(vii) graduation rates for secondary 

19 school students consistent with subsection 

20 (b)(2)(C)(vi); 

21 ‘‘(viii) information on the performance 

22 of local educational agencies and schools in 

23 the State regarding whether such agencies 

24 and schools have met or are making satis25 factory progress toward meeting State 


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1 standards, including the names of each 

2 school identified in each tier under section 

3 1116(c); and 

4 ‘‘(ix) the professional qualifications of 

5 teachers in the State, the percentage of 

6 such teachers teaching with emergency or 

7 provisional credentials, and the percentage 

8 of classes in the State not taught by highly 

9 effective teachers, in the aggregate and 

10 disaggregated by high-poverty compared to 

11 low-poverty schools which, for the purpose 

12 of this clause, means schools in the top 

13 quartile of poverty and the bottom quartile 

14 of poverty in the State. 

15 ‘‘(D) OPTIONAL INFORMATION.—The State 

16 may include in its annual State report card 

17 other information as the State believes will best 

18 provide parents, students, and other members 

19 of the public with information regarding the 

20 progress of each of the State’s public elemen21 tary schools and public secondary schools, such 

22 as the following: 

23 ‘‘(i) School attendance rates. 

24 ‘‘(ii) Average class size in each grade. 


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1 ‘‘(iii) Academic achievement and gains 

2 in English proficiency of limited English 

3 proficient students. 

4 ‘‘(iv) The incidence of school violence, 

5 drug abuse, alcohol abuse, student suspen6 sions, and student expulsions. 

7 ‘‘(v) The extent and type of parental 

8 involvement in the schools. 

9 ‘‘(vi) The percentage of students com10 pleting advanced placement or dual enroll11 ment courses, and the rate of passing of 

12 advanced placement tests. 

13 ‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY

14 REPORT CARDS TO THE PUBLIC.— 

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

16 agency that receives assistance under this part 

17 shall prepare and disseminate an annual local 

18 educational agency report card. 

19 ‘‘(B) MINIMUM REQUIREMENTS.—The 

20 State educational agency shall ensure that each 

21 local educational agency collects appropriate 

22 data and includes in the local educational agen23 cy’s annual report card the information de24 scribed in paragraph (1)(C) as applied to the 


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1 local educational agency and each school served 

2 by the local educational agency, and— 

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

4 agency— 

5 ‘‘(I) the number and percentage 

6 of schools identified in each tier under 

7 section 1116(c) and how long the 

8 schools have been so identified; and 

9 ‘‘(II) information that shows how 

10 students served by the local edu11 cational agency achieved on the state12 wide academic assessment compared 

13 to students in the State as a whole; 

14 and 

15 ‘‘(ii) in the case of a school— 

16 ‘‘(I) the tier the school is in 

17 under section 1116; and 

18 ‘‘(II) information that shows how 

19 the school’s students achievement on 

20 the statewide academic assessments 

21 and other indicators of meeting State 

22 standards compared to students in the 

23 local educational agency and the State 

24 as a whole. 


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1 ‘‘(C) OTHER INFORMATION.—A local edu2 cational agency may include in its annual local 

3 educational agency report card any other appro4 priate information, whether or not such infor5 mation is included in the annual State report 

6 card. 

7 ‘‘(D) DATA.—A local educational agency 

8 or school shall only include in its annual local 

9 educational agency report card data that are 

10 sufficient to yield statistically reliable informa11 tion, as determined by the State, and that do 

12 not reveal personally identifiable information 

13 about an individual student. 

14 ‘‘(E) PUBLIC DISSEMINATION.—The local 

15 educational agency shall publicly disseminate 

16 the information described in this paragraph to 

17 all schools in the school district served by the 

18 local educational agency and to all parents of 

19 students attending those schools in an under20 standable and uniform format and, to the ex21 tent practicable, provided in a language that 

22 the parents can understand, and make the in23 formation widely available through public 

24 means, such as posting on the Internet, dis25 tribution to the media, and distribution through 


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1 public agencies, except that if a local edu2 cational agency issues a report card for all stu3 dents, the local educational agency may include 

4 the information under this section as part of 

5 such report. 

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

7 educational agency or local educational agency that 

8 was providing public report cards on the perform9 ance of students, schools, local educational agencies, 

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

11 Educational Accountability and State Flexibility Act 

12 of 2013 may use those report cards for the purpose 

13 of this subsection, so long as any such report card 

14 is modified, as may be needed, to contain the infor15 mation required by this subsection. 

16 ‘‘(4) ANNUAL STATE REPORT TO THE SEC17 RETARY.—Each State educational agency receiving 

18 assistance under this part shall report annually to 

19 the Secretary, and make widely available within the 

20 State— 

21 ‘‘(A) information on the achievement of 

22 students on the academic assessments required 

23 by subsection (b)(3), including the 

24 disaggregated results for the categories of stu25 dents identified in subsection (b)(2)(C)(v); 


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1 ‘‘(B) information on the acquisition of 

2 English language proficiency by children with 

3 limited English proficiency; 

4 ‘‘(C) the number and names of each school 

5 in the tiers described in paragraphs (2), (3), 

6 and (4) of section 1116(c), the reason why each 

7 school was so identified, and the measures 

8 taken to address the achievement problems of 

9 such schools; 

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

11 that participated in public school choice and 

12 supplemental service programs and activities 

13 under this title; and 

14 ‘‘(E) information on the quality of teachers 

15 and the percentage of classes being taught by 

16 highly effective teachers in the State and in 

17 each local educational agency and school. 

18 ‘‘(5) REPORT TO CONGRESS.—The Secretary 

19 shall transmit annually to the Committee on Edu20 cation and the Workforce of the House of Rep21 resentatives and the Committee on Health, Edu22 cation, Labor, and Pensions of the Senate a report 

23 that provides national and State-level data on the in24 formation collected under paragraph (4). 

25 ‘‘(6) PARENTS RIGHT-TO-KNOW.— 


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1 ‘‘(A) QUALIFICATIONS.—At the beginning 

2 of each school year, a local educational agency 

3 that receives funds under this part shall notify 

4 the parents of each student attending any 

5 school receiving funds under this part that the 

6 parents may request, and the agency will pro7 vide the parents on request (and in a timely 

8 manner), information regarding the professional 

9 qualifications of the student’s classroom teach10 ers, including, at a minimum, the following: 

11 ‘‘(i) Whether the teacher has met 

12 State qualification and licensing criteria 

13 for the grade levels and subject areas in 

14 which the teacher provides instruction. 

15 ‘‘(ii) Whether the teacher is teaching 

16 under emergency or other provisional sta17 tus through which State qualification or li18 censing criteria have been waived. 

19 ‘‘(iii) The baccalaureate degree major 

20 of the teacher and any other graduate cer21 tification or degree held by the teacher, 

22 and the field of discipline of the certifi23 cation or degree. 


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1 ‘‘(iv) Whether the child’s teacher is 

2 highly effective under the definition adopt3 ed by the State. 

4 ‘‘(v) Whether the child is provided 

5 services by paraprofessionals and, if so, 

6 their qualifications. 

7 ‘‘(B) ADDITIONAL INFORMATION.—In ad8 dition to the information that parents may re9 quest under subparagraph (A), a school that re10 ceives funds under this part shall provide to 

11 each individual parent information on the level 

12 of achievement of the parent’s child in each of 

13 the State academic assessments as required 

14 under this part. 

15 ‘‘(C) FORMAT.—The notice and informa16 tion provided to parents under this paragraph 

17 shall be in an understandable and uniform for18 mat and, to the extent practicable, provided in 

19 a language that the parents can understand. 

20 ‘‘(h) PRIVACY.—Information collected under this sec21 tion shall be collected and disseminated in a manner that 

22 protects the privacy of individuals. 

23 ‘‘(i) TECHNICAL ASSISTANCE.—The Secretary shall 

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1 cational agency’s request, technical assistance in meeting 

2 the requirements of this section. 

3 ‘‘(j) VOLUNTARY PARTNERSHIPS.—A State may 

4 enter into a voluntary partnership with another State to 

5 develop and implement the academic assessments and 

6 standards required under this section. 

7 ‘‘(k) CONSTRUCTION.—Nothing in this part shall be 

8 construed to prescribe the use of the academic assess9 ments described in this part for student promotion or 

10 graduation purposes. 

11 ‘‘(l) SPECIAL RULE WITH RESPECT TO BUREAU12 FUNDED SCHOOLS.—In determining the assessments to be 

13 used by each operated or funded by BIA school receiving 

14 funds under this part, the following shall apply: 

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

16 State in which it is operating shall use the assess17 ments the State has developed and implemented to 

18 meet the requirements of this section, or such other 

19 appropriate assessment as approved by the Secretary 

20 of the Interior. 

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

22 regional accrediting organization shall adopt an ap23 propriate assessment, in consultation with and with 

24 the approval of, the Secretary of the Interior and 

25 consistent with assessments adopted by other schools 


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1 in the same State or region, that meets the require2 ments of this section. 

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

4 tribal accrediting agency or tribal division of edu5 cation shall use an assessment developed by such 

6 agency or division, except that the Secretary of the 

7 Interior shall ensure that such assessment meets the 

8 requirements of this section. 

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

10 ‘‘(a) PLANS REQUIRED.— 

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

12 may receive a subgrant under this part for any fiscal 

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

14 educational agency a plan, approved by the State 

15 educational agency, that is coordinated with other 

16 programs under this Act, the Individuals with Dis17 abilities Education Act, the Carl D. Perkins Career 

18 and Technical Education Act of 2006, the McKin19 ney-Vento Homeless Assistance Act, and other Acts, 

20 as appropriate. 

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

22 may be submitted as part of a consolidated applica23 tion under section 9305. 

24 ‘‘(b) PLAN PROVISIONS.— 


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1 ‘‘(1) IN GENERAL.—In order to help low-achiev2 ing children meet challenging achievement academic 

3 standards, each local educational agency plan shall 

4 include— 

5 ‘‘(A) a description of high-quality student 

6 academic assessments, if any, that are in addi7 tion to the academic assessments described in 

8 the State plan under section 1111(b)(3), that 

9 the local educational agency and schools served 

10 under this part will use— 

11 ‘‘(i) to determine the success of chil12 dren served under this part in meeting the 

13 State student academic achievement stand14 ards, and to provide information to teach15 ers, parents, and students on the progress 

16 being made toward meeting the State stu17 dent academic achievement standards de18 scribed in section 1111(b)(1)(D)(ii); 

19 ‘‘(ii) to assist in diagnosis, teaching, 

20 and learning in the classroom in ways that 

21 best enable low-achieving children served 

22 under this part to meet State student 

23 achievement academic standards and do 

24 well in the local curriculum; 


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1 ‘‘(iii) to determine what revisions are 

2 needed to projects under this part so that 

3 such children meet the State student aca4 demic achievement standards; and 

5 ‘‘(iv) to identify effectively students 

6 who may be at risk for reading failure or 

7 who are having difficulty reading, through 

8 the use of screening, diagnostic, and class9 room-based instructional reading assess10 ments, as defined under section 1208; 

11 ‘‘(B) at the local educational agency’s dis12 cretion, a description of any other indicators 

13 that will be used in addition to the academic in14 dicators described in section 1111(b)(2) for the 

15 uses described in such section; 

16 ‘‘(C) a description of how the local edu17 cational agency will provide additional edu18 cational assistance to individual students as19 sessed as needing help in meeting the State’s 

20 challenging student academic achievement 

21 standards; 

22 ‘‘(D) a description of the strategy the local 

23 educational agency will use to coordinate pro24 grams under this part with programs under 

25 title II to provide professional development for 


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1 teachers and principals, and, if appropriate, 

2 pupil services personnel, administrators, parents 

3 and other staff, including local educational 

4 agency level staff in accordance with sections 

5 1118 and 1119; 

6 ‘‘(E) a description of how the local edu7 cational agency will coordinate and integrate 

8 services provided under this part with other 

9 educational services at the local educational 

10 agency or individual school level, such as— 

11 ‘‘(i) Head Start and other preschool 

12 programs, including plans for the transi13 tion of participants in such programs to 

14 local elementary school programs; and 

15 ‘‘(ii) services for— 

16 ‘‘(I) children with limited English 

17 proficiency, 

18 ‘‘(II) children with disabilities; 

19 ‘‘(III) migratory children; 

20 ‘‘(IV) neglected or delinquent 

21 youth; 

22 ‘‘(V) American Indian, Alaska 

23 Native, and Native Hawaiian children; 

24 ‘‘(VI) homeless children; and 

25 ‘‘(VII) immigrant children, 


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1 in order to increase program effectiveness, 

2 eliminate duplication, and reduce frag3 mentation of the instructional program; 

4 ‘‘(F) an assurance that the local edu5 cational agency will participate, if selected, in 

6 the State National Assessment of Educational 

7 Progress in 4th and 8th grade reading and 

8 mathematics carried out under section 

9 303(b)(2) of the National Assessment of Edu10 cational Progress Authorization Act; 

11 ‘‘(G) a description of the poverty criteria 

12 that will be used to select school attendance 

13 areas under section 1113; 

14 ‘‘(H) a description of how teachers, in con15 sultation with parents, administrators, and 

16 pupil services personnel, in targeted assistance 

17 schools under section 1115, will identify the eli18 gible children most in need of services under 

19 this part; 

20 ‘‘(I) a general description of the nature of 

21 the programs to be conducted by such agency’s 

22 schools under sections 1114 and 1115 and, 

23 where appropriate, educational services outside 

24 such schools for children living in local institu25 tions for neglected or delinquent children, and 


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1 for neglected and delinquent children in com2 munity day school programs; 

3 ‘‘(J) a description of how the local edu4 cational agency will ensure that migratory chil5 dren and formerly migratory children who are 

6 eligible to receive services under this part are 

7 selected to receive such services on the same 

8 basis as other children who are selected to re9 ceive services under this part; 

10 ‘‘(K) if appropriate, a description of how 

11 the local educational agency will use funds 

12 under this part to support preschool programs 

13 for children, particularly children participating 

14 in a Head Start program, which services may 

15 be provided directly by the local educational 

16 agency or through a subcontract with the local 

17 Head Start agency designated by the Secretary 

18 of Health and Human Services under section 

19 641 of the Head Start Act, or another com20 parable public early childhood development pro21 gram; 

22 ‘‘(L) a description of the actions the local 

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1 scribed in paragraphs (2), (3), and (4) of sec2 tion 1116(c); 

3 ‘‘(M) a description of the actions the local 

4 educational agency will take to implement pub5 lic school choice and supplemental services, if 

6 applicable, consistent with the requirements of 

7 section 1116(c); 

8 ‘‘(N) a description of how the local edu9 cational agency will meet the requirements of 

10 section 1119; 

11 ‘‘(O) a description of the services the local 

12 educational agency will provide homeless chil13 dren, including services provided with funds re14 served under section 1113(c)(3)(A); 

15 ‘‘(P) a description of the strategy the local 

16 educational agency will use to implement effec17 tive parental involvement under section 1118; 

18 ‘‘(Q) where appropriate, a description of 

19 how the local educational agency will use funds 

20 under this part to support after school (includ21 ing before school and summer school) and 

22 school-year extension programs; and 

23 ‘‘(R) where applicable, a description of the 

24 procedure that the local educational agency will 

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1 ful consultation with representatives of Indian 

2 tribes and Native organizations located in the 

3 area served by the local educational agency, in 

4 the development of the local plan in order to 

5 improve the coordination of activities under this 

6 Act, to meet the purposes of this title, and to 

7 meet the unique cultural, language, and edu8 cational needs of American Indian, Alaska Na9 tive, and Native Hawaiian students. 

10 ‘‘(2) EXCEPTION.—The academic assessments 

11 and indicators described in subparagraphs (A) and 

12 (B) of paragraph (1) shall not be used— 

13 ‘‘(A) in lieu of the academic assessments 

14 required under section 1111(b)(3) and other 

15 State academic indicators under section 

16 1111(b)(2); or 

17 ‘‘(B) to reduce the number of, or change 

18 which, schools would otherwise be identified in 

19 the tiers described in paragraphs (2), (3), or 

20 (4) of section 1116(c), if such additional assess21 ments or indicators described in such subpara22 graphs were not used, but such assessments 

23 and indicators may be used to identify addi24 tional schools for school improvement. 

25 ‘‘(c) ASSURANCES.— 


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

2 agency plan shall provide assurances that the local 

3 educational agency will— 

4 ‘‘(A) inform eligible schools and parents of 

5 schoolwide program authority and the ability of 

6 such schools to consolidate funds from Federal, 

7 State, and local sources; 

8 ‘‘(B) provide technical assistance and sup9 port to schoolwide programs; 

10 ‘‘(C) work in consultation with schools as 

11 the schools develop the schools’ plans pursuant 

12 to section 1114 and assist schools as the 

13 schools implement such plans or undertake ac14 tivities pursuant to section 1115 so that each 

15 school can meet, or make satisfactory progress 

16 toward meeting, State standards; 

17 ‘‘(D) fulfill such agency’s school improve18 ment responsibilities under section 1116, in19 cluding taking actions under subsections (c), 

20 (d), and (f) of section 1116; 

21 ‘‘(E) provide services to eligible children 

22 attending private elementary schools and sec23 ondary schools in accordance with section 1120, 

24 and timely and meaningful consultation with 

25 private school officials regarding such services; 


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1 ‘‘(F) take into account the experience of 

2 model programs for the educationally disadvan3 taged, and the findings of relevant scientifically 

4 based research indicating that services may be 

5 most effective if focused on students in the ear6 liest grades at schools that receive funds under 

7 this part; 

8 ‘‘(G) in the case of a local educational 

9 agency that chooses to use funds under this 

10 part to provide early childhood development 

11 services to low-income children below the age of 

12 compulsory school attendance, ensure that such 

13 services comply with the education performance 

14 standards in effect under section 641A(a)(1)(B) 

15 of the Head Start Act or the State’s early 

16 learning standards; 

17 ‘‘(H) work in consultation with schools as 

18 the schools develop and implement their plans 

19 or activities under sections 1118 and 1119; 

20 ‘‘(I) comply with the requirements of sec21 tion 1119 regarding the qualifications of teach22 ers and paraprofessionals and professional de23 velopment; 

24 ‘‘(J) inform eligible schools of the local 

25 educational agency’s authority to obtain waivers 


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1 on the school’s behalf under title IX and, if the 

2 State is an Ed-Flex Partnership State, to ob3 tain waivers under the Education Flexibility 

4 Partnership Act of 1999; 

5 ‘‘(K) coordinate and collaborate, to the ex6 tent feasible and necessary as determined by 

7 the local educational agency, with the State 

8 educational agency, other agencies, and rep9 resentatives of Indian tribes and Native organi10 zations present in the area served providing 

11 services to children, youth, and families with re12 spect to a school that has been identified in a 

13 tier described in paragraph (2), (3), or (4) of 

14 section 1116(c) if such a school requests assist15 ance from the local educational agency in ad16 dressing major factors that have significantly 

17 affected student achievement at the school; 

18 ‘‘(L) ensure, through incentives for vol19 untary transfers, the provision of professional 

20 development, recruitment programs, or other ef21 fective strategies, that low-income students and 

22 minority students are not taught at higher 

23 rates than other students by unqualified, out-of24 field, or inexperienced teachers; 


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1 ‘‘(M) use the results of the student aca2 demic assessments required under section 

3 1111(b)(3), and other measures or indicators 

4 available to the agency, to review annually the 

5 progress of each school served by the agency 

6 and receiving funds under this part to deter7 mine whether all of the schools are meeting or 

8 making satisfactory progress toward meeting 

9 State standards as determined by the State; 

10 ‘‘(N) ensure that the results from the aca11 demic assessments required under section 

12 1111(b)(3) will be provided to parents and 

13 teachers as soon as is practicably possible after 

14 the test is taken, in an understandable and uni15 form format and, to the extent practicable, pro16 vided in a language that the parents can under17 stand; 

18 ‘‘(O) assist each school served by the agen19 cy and assisted under this part in developing or 

20 identifying examples of high-quality, effective 

21 curricula consistent with section 1111(b)(8)(D); 

22 and 

23 ‘‘(P) engage in timely and meaningful con24 sultation with representatives of Indian tribes 


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1 and Native organizations located in the area 

2 served by the local educational agency. 

3 ‘‘(2) SPECIAL RULE.—In carrying out subpara4 graph (G) of paragraph (1), the Secretary— 

5 ‘‘(A) shall consult with the Secretary of 

6 Health and Human Services and shall establish 

7 procedures (taking into consideration existing 

8 State and local laws, and local teacher con9 tracts) to assist local educational agencies to 

10 comply with such subparagraph; and 

11 ‘‘(B) shall disseminate to local educational 

12 agencies the education performance standards 

13 in effect under section 641A(a)(1)(B) of the 

14 Head Start Act, and such agencies affected by 

15 such subparagraph shall plan for the implemen16 tation of such subparagraph (taking into con17 sideration existing State and local laws, and 

18 local teacher contracts), including pursuing the 

19 availability of other Federal, State, and local 

20 funding sources to assist in compliance with 

21 such subparagraph. 

22 ‘‘(d) PLAN DEVELOPMENT AND DURATION.— 

23 ‘‘(1) CONSULTATION.—Each local educational 

24 agency plan shall be developed in consultation with 

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1 ministrators of programs described in other parts of 

2 this title), other appropriate school personnel, rep3 resentatives of local Indian tribes and Native organi4 zations located in the area served by the local edu5 cational agency, and parents of children in schools 

6 served under this part. 

7 ‘‘(2) DURATION.—Each such plan shall be sub8 mitted for the first year for which this part is in ef9 fect following the date of enactment of the Edu10 cational Accountability and State Flexibility Act of 

11 2013 and shall remain in effect for the duration of 

12 the agency’s participation under this part. 

13 ‘‘(3) REVIEW.—Each local educational agency 

14 shall periodically review and, as necessary, revise its 

15 plan. 

16 ‘‘(e) STATE APPROVAL.— 

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

18 agency plan shall be filed according to a schedule es19 tablished by the State educational agency. 

20 ‘‘(2) APPROVAL.—The State educational agency 

21 shall approve a local educational agency’s plan only 

22 if the State educational agency determines that the 

23 local educational agency’s plan— 

24 ‘‘(A) enables schools served under this part 

25 to substantially help children served under this 


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1 part meet the academic standards expected of 

2 all children described in section 1111(b)(1); and 

3 ‘‘(B) meets the requirements of this sec4 tion. 

5 ‘‘(3) REVIEW.—The State educational agency 

6 shall review the local educational agency’s plan to 

7 determine if such agencies activities are in accord8 ance with sections 1118 and 1119. 

9 ‘‘(f) PROGRAM RESPONSIBILITY.—The local edu10 cational agency plan shall reflect the shared responsibility 

11 of schools, teachers, and the local educational agency in 

12 making decisions regarding activities under sections 1114 

13 and 1115. 

14 ‘‘(g) PARENTAL NOTIFICATION.— 

15 ‘‘(1) NOTICE.—Each local educational agency 

16 using funds under this part to provide a language 

17 instruction educational program as determined in 

18 part C of title III shall, not later than 30 days after 

19 the beginning of the school year, inform a parent or 

20 parents of a limited English proficient child identi21 fied for participation or participating in, such a pro22 gram of— 

23 ‘‘(A) the reasons for the identification of 

24 their child as limited English proficient and in 


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1 need of placement in a language instruction 

2 educational program; 

3 ‘‘(B) the child’s level of English pro4 ficiency, how such level was assessed, and the 

5 status of the child’s academic achievement; 

6 ‘‘(C) the methods of instruction used in 

7 the program in which their child is, or will be 

8 participating, and the methods of instruction 

9 used in other available programs, including how 

10 such programs differ in content, instructional 

11 goals, and the use of English and a native lan12 guage in instruction; 

13 ‘‘(D) how the program in which their child 

14 is, or will be participating, will meet the edu15 cational strengths and needs of their child; 

16 ‘‘(E) how such program will specifically 

17 help their child learn English, and meet age-ap18 propriate academic achievement standards for 

19 grade promotion and graduation; 

20 ‘‘(F) the specific exit requirements for the 

21 program, including the expected rate of transi22 tion from such program into classrooms that 

23 are not tailored for limited English proficient 

24 children, and the expected rate of graduation 

25 from secondary school for such program if 


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1 funds under this part are used for children in 

2 secondary schools; 

3 ‘‘(G) in the case of a child with a dis4 ability, how such program meets the objectives 

5 of the individualized education program of the 

6 child; 

7 ‘‘(H) information pertaining to parental 

8 rights that includes written guidance— 

9 ‘‘(i) detailing— 

10 ‘‘(I) the right that parents have 

11 to have their child immediately re12 moved from such program upon their 

13 request; and 

14 ‘‘(II) the options that parents 

15 have to decline to enroll their child in 

16 such program or to choose another 

17 program or method of instruction, if 

18 available; and 

19 ‘‘(ii) assisting parents in selecting 

20 among various programs and methods of 

21 instruction, if more than one program or 

22 method is offered by the eligible entity. 

23 ‘‘(2) NOTICE.—The notice and information pro24 vided in paragraph (1) to a parent or parents of a 

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1 struction educational program for limited English 

2 proficient children shall be in an understandable and 

3 uniform format and, to the extent practicable, pro4 vided in a language that the parents can under5 stand. 

6 ‘‘(3) SPECIAL RULE APPLICABLE DURING THE

7 SCHOOL YEAR.—For those children who have not 

8 been identified as limited English proficient prior to 

9 the beginning of the school year the local educational 

10 agency shall notify parents within the first 2 weeks 

11 of the child being placed in a language instruction 

12 educational program consistent with paragraphs (1) 

13 and (2). 

14 ‘‘(4) PARENTAL PARTICIPATION.—Each local 

15 educational agency receiving funds under this part 

16 shall implement an effective means of outreach to 

17 parents of limited English proficient students to in18 form the parents regarding how the parents can be 

19 involved in the education of their children, and be 

20 active participants in assisting their children to at21 tain English proficiency, achieve at high levels in 

22 core academic subjects, and meet challenging State 

23 academic achievement standards and State academic 

24 content standards expected of all students, including 

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1 ular meetings for the purpose of formulating and re2 sponding to recommendations from parents of stu3 dents assisted under this part. 

4 ‘‘(5) BASIS FOR ADMISSION OR EXCLUSION.—A 

5 student shall not be admitted to, or excluded from, 

6 any Federally assisted education program on the 

7 basis of a surname or language-minority status. 

8 ‘‘SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS. 

9 ‘‘(a) DETERMINATION.— 

10 ‘‘(1) IN GENERAL.—A local educational agency 

11 shall use funds received under this part only in eligi12 ble school attendance areas. 

13 ‘‘(2) ELIGIBLE SCHOOL ATTENDANCE AREAS.— 

14 For the purposes of this part— 

15 ‘‘(A) the term ‘school attendance area’ 

16 means, in relation to a particular school, the 

17 geographical area in which the children who are 

18 normally served by that school reside; and 

19 ‘‘(B) the term ‘eligible school attendance 

20 area’ means a school attendance area in which 

21 the percentage of children from low-income 

22 families is at least as high as the percentage of 

23 children from low-income families served by the 

24 local educational agency as a whole. 


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1 ‘‘(3) RANKING ORDER.—If funds allocated in 

2 accordance with subsection (c) are insufficient to 

3 serve all eligible school attendance areas, a local edu4 cational agency shall— 

5 ‘‘(A) annually rank, without regard to 

6 grade spans, such agency’s eligible school at7 tendance areas in which the concentration of 

8 children from low-income families exceeds 75 

9 percent from highest to lowest according to the 

10 percentage of children from low-income families; 

11 and 

12 ‘‘(B) serve such eligible school attendance 

13 areas in rank order. 

14 ‘‘(4) REMAINING FUNDS.—If funds remain 

15 after serving all eligible school attendance areas 

16 under paragraph (3), a local educational agency 

17 shall— 

18 ‘‘(A) annually rank such agency’s remain19 ing eligible school attendance areas from high20 est to lowest either by grade span or for the en21 tire local educational agency according to the 

22 percentage of children from low-income families; 

23 and 

24 ‘‘(B) serve such eligible school attendance 

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1 span grouping or within the local educational 

2 agency as a whole. 

3 ‘‘(5) MEASURES.—The local educational agency 

4 shall use the same measure of poverty, which meas5 ure shall be the number of children ages 5 through 

6 17 in poverty counted in the most recent census 

7 data approved by the Secretary, the number of chil8 dren eligible for free and reduced priced lunches 

9 under the Richard B. Russell National School Lunch 

10 Act, the number of children in families receiving as11 sistance under the State program funded under part 

12 A of title IV of the Social Security Act, or the num13 ber of children eligible to receive medical assistance 

14 under the Medicaid program, or a composite of such 

15 indicators, with respect to all school attendance 

16 areas in the local educational agency— 

17 ‘‘(A) to identify eligible school attendance 

18 areas; 

19 ‘‘(B) to determine the ranking of each 

20 area; and 

21 ‘‘(C) to determine allocations under sub22 section (c). 

23 ‘‘(6) EXCEPTION.—This subsection shall not 

24 apply to a local educational agency with a total en25 rollment of less than 1,000 children. 


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1 ‘‘(7) WAIVER FOR DESEGREGATION PLANS.— 

2 The Secretary may approve a local educational agen3 cy’s written request for a waiver of the requirements 

4 of subsections (a) and (c), and permit such agency 

5 to treat as eligible, and serve, any school that chil6 dren attend with a State-ordered, court-ordered 

7 school desegregation plan or a plan that continues to 

8 be implemented in accordance with a State-ordered 

9 or court-ordered desegregation plan, if— 

10 ‘‘(A) the number of economically disadvan11 taged children enrolled in the school is at least 

12 25 percent of the school’s total enrollment; and 

13 ‘‘(B) the Secretary determines on the basis 

14 of a written request from such agency and in 

15 accordance with such criteria as the Secretary 

16 establishes, that approval of that request would 

17 further the purposes of this part. 

18 ‘‘(b) LOCAL EDUCATIONAL AGENCY DISCRETION.— 

19 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

20 (a)(2), a local educational agency may— 

21 ‘‘(A) designate as eligible any school at22 tendance area or school in which at least 35 

23 percent of the children are from low-income 

24 families; 


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1 ‘‘(B) use funds received under this part in 

2 a school that is not in an eligible school attend3 ance area, if the percentage of children from 

4 low-income families enrolled in the school is 

5 equal to or greater than the percentage of such 

6 children in a participating school attendance 

7 area of such agency; 

8 ‘‘(C) designate and serve a school attend9 ance area or school that is not eligible under 

10 this section, but that was eligible and that was 

11 served in the preceding fiscal year, but only for 

12 1 additional fiscal year; and 

13 ‘‘(D) elect not to serve an eligible school 

14 attendance area or eligible school that has a 

15 higher percentage of children from low-income 

16 families if— 

17 ‘‘(i) the school meets the com18 parability requirements of section 

19 1120A(c); 

20 ‘‘(ii) the school is receiving supple21 mental funds from other State or local 

22 sources that are spent according to the re23 quirements of section 1114 or 1115; and 


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1 ‘‘(iii) the funds expended from such 

2 other sources equal or exceed the amount 

3 that would be provided under this part. 

4 ‘‘(2) SPECIAL RULE.—Notwithstanding para5 graph (1)(D), the number of children attending pri6 vate elementary schools and secondary schools who 

7 are to receive services, and the assistance such chil8 dren are to receive under this part, shall be deter9 mined without regard to whether the public school 

10 attendance area in which such children reside is as11 sisted under subparagraph (A). 

12 ‘‘(c) ALLOCATIONS.— 

13 ‘‘(1) IN GENERAL.—A local educational agency 

14 shall allocate funds received under this part to eligi15 ble school attendance areas or eligible schools, iden16 tified under subsections (a) and (b), in rank order, 

17 on the basis of the total number of children from 

18 low-income families in each area or school. 

19 ‘‘(2) SPECIAL RULE.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 subparagraph (B), the per-pupil amount of 

22 funds allocated to each school attendance area 

23 or school under paragraph (1) shall be at least 

24 125 percent of the per-pupil amount of funds a 

25 local educational agency received for that year 


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1 under the poverty criteria described by the local 

2 educational agency in the plan submitted under 

3 section 1112, except that this paragraph shall 

4 not apply to a local educational agency that 

5 only serves schools in which the percentage of 

6 such children is 35 percent or greater. 

7 ‘‘(B) EXCEPTION.—A local educational 

8 agency may reduce the amount of funds allo9 cated under subparagraph (A) for a school at10 tendance area or school by the amount of any 

11 supplemental State and local funds expended in 

12 that school attendance area or school for pro13 grams that meet the requirements of section 

14 1114 or 1115. 

15 ‘‘(3) RESERVATION.—A local educational agen16 cy shall reserve such funds as are necessary under 

17 this part to provide services comparable to those 

18 provided to children in schools funded under this 

19 part to serve— 

20 ‘‘(A) homeless children who do not attend 

21 participating schools, including providing educa22 tionally related support services to children in 

23 shelters and other locations where children may 

24 live; 


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1 ‘‘(B) children in local institutions for ne2 glected children; and 

3 ‘‘(C) if appropriate, children in local insti4 tutions for delinquent children, and neglected or 

5 delinquent children in community day school 

6 programs. 

7 ‘‘(4) FINANCIAL INCENTIVES AND REWARDS

8 RESERVATION.—A local educational agency may re9 serve such funds as are necessary from those funds 

10 received by the local educational agency under title 

11 II, and not more than 5 percent of those funds re12 ceived by the local educational agency under subpart 

13 2, to provide financial incentives and rewards to 

14 teachers who serve in schools eligible under this sec15 tion and identified in a tier described in paragraph 

16 (2), (3), or (4) of section 1116(c) for the purpose of 

17 attracting and retaining qualified and effective 

18 teachers. 

19 ‘‘SEC. 1114. SCHOOLWIDE PROGRAMS. 

20 ‘‘(a) USE OF FUNDS FOR SCHOOLWIDE PRO21 GRAMS.— 

22 ‘‘(1) IN GENERAL.—A local educational agency 

23 may consolidate and use funds under this part, to24 gether with other Federal, State, and local funds, in 

25 order to upgrade the entire educational program of 


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1 a school that serves an eligible school attendance 

2 area in which not less than 40 percent of the chil3 dren are from low-income families, or not less than 

4 40 percent of the children enrolled in the school are 

5 from such families. 

6 ‘‘(2) IDENTIFICATION OF STUDENTS NOT RE7 QUIRED.— 

8 ‘‘(A) IN GENERAL.—No school partici9 pating in a schoolwide program shall be re10 quired— 

11 ‘‘(i) to identify particular children 

12 under this part as eligible to participate in 

13 a schoolwide program; or 

14 ‘‘(ii) to provide services to such chil15 dren that are supplementary, as otherwise 

16 required by section 1120A(b). 

17 ‘‘(B) SUPPLEMENTAL FUNDS.—A school 

18 participating in a schoolwide program shall use 

19 funds available to carry out this section only to 

20 supplement the amount of funds that would, in 

21 the absence of funds under this part, be made 

22 available from non-Federal sources for the 

23 school, including funds needed to provide serv24 ices that are required by law for children with 


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1 disabilities and children with limited English 

2 proficiency. 

3 ‘‘(3) EXEMPTION FROM STATUTORY AND REGU4 LATORY REQUIREMENTS.— 

5 ‘‘(A) EXEMPTION.—Except as provided in 

6 subsection (b), the Secretary may, through pub7 lication of a notice in the Federal Register, ex8 empt schoolwide programs under this section 

9 from statutory or regulatory provisions of any 

10 other noncompetitive formula grant program 

11 administered by the Secretary (other than for12 mula or discretionary grant programs under the 

13 Individuals with Disabilities Education Act, ex14 cept as provided in section 613(a)(2)(D) of 

15 such Act), or any discretionary grant program 

16 administered by the Secretary, to support 

17 schoolwide programs if the intent and purposes 

18 of such other programs are met. 

19 ‘‘(B) REQUIREMENTS.—A school that 

20 chooses to use funds from such other programs 

21 shall not be relieved of the requirements relat22 ing to health, safety, civil rights, student and 

23 parental participation and involvement, services 

24 to private school children, maintenance of ef25 fort, comparability of services, uses of Federal 


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1 funds to supplement, not supplant non-Federal 

2 funds, or the distribution of funds to State edu3 cational agencies or local educational agencies 

4 that apply to the receipt of funds from such 

5 programs. 

6 ‘‘(C) RECORDS.—A school that consoli7 dates and uses funds from different Federal 

8 programs under this section shall not be re9 quired to maintain separate fiscal accounting 

10 records, by program, that identify the specific 

11 activities supported by those particular funds as 

12 long as the school maintains records that dem13 onstrate that the schoolwide program, consid14 ered as a whole, addresses the intent and pur15 poses of each of the Federal programs that 

16 were consolidated to support the schoolwide 

17 program. 

18 ‘‘(4) PROFESSIONAL DEVELOPMENT.—Each 

19 school receiving funds under this part for any fiscal 

20 year shall devote sufficient resources to effectively 

21 carry out the activities described in subsection 

22 (b)(1)(D) in accordance with section 1119 for such 

23 fiscal year, except that a school may enter into a 

24 consortium with another school to carry out such ac25 tivities. 


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1 ‘‘(b) COMPONENTS OF A SCHOOLWIDE PROGRAM.— 

2 ‘‘(1) IN GENERAL.—A schoolwide program shall 

3 include the following components: 

4 ‘‘(A) A comprehensive needs assessment of 

5 the entire school (including taking into account 

6 the needs of migratory children as defined in 

7 section 1309(2)) that is based on information 

8 which includes the achievement of children in 

9 relation to the State academic content stand10 ards and the State student academic achieve11 ment standards described in section 1111(b)(1). 

12 ‘‘(B) Schoolwide reform strategies that— 

13 ‘‘(i) provide opportunities for all chil14 dren to meet the State’s proficient and ad15 vanced levels of student academic achieve16 ment described in section 1111(b)(1)(D); 

17 ‘‘(ii) use effective methods and in18 structional strategies that are based on sci19 entifically based research that— 

20 ‘‘(I) strengthen the core aca21 demic program in the school; 

22 ‘‘(II) increase the amount and 

23 quality of learning time, such as pro24 viding an extended school year and 

25 before- and after-school and summer 


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1 programs and opportunities, and help 

2 provide an enriched and accelerated 

3 curriculum; and 

4 ‘‘(III) include strategies for meet5 ing the educational needs of histori6 cally underserved populations; 

7 ‘‘(iii)(I) include strategies to address 

8 the needs of all children in the school, but 

9 particularly the needs of low-achieving chil10 dren and those at risk of not meeting the 

11 State student academic achievement stand12 ards who are members of the target popu13 lation of any program that is included in 

14 the schoolwide program, which may in15 clude— 

16 ‘‘(aa) counseling, pupil services, 

17 and mentoring services; 

18 ‘‘(bb) college and career aware19 ness and preparation, such as college 

20 and career guidance, personal finance 

21 education, and innovative teaching 

22 methods, which may include applied 

23 learning and team-teaching strategies; 

24 and 


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1 ‘‘(cc) the integration of career 

2 and technical education, arts, and 

3 physical education programs; and 

4 ‘‘(II) address how the school will de5 termine if such needs have been met; and 

6 ‘‘(iv) are consistent with, and are de7 signed to implement, the State and local 

8 improvement plans, if any. 

9 ‘‘(C) Instruction by highly effective teach10 ers. 

11 ‘‘(D) In accordance with section 1119 and 

12 subsection (a)(4), high-quality and ongoing pro13 fessional development for teachers, principals, 

14 and paraprofessionals and, if appropriate, pupil 

15 services personnel, parents, and other staff to 

16 enable all children in the school to meet the 

17 State’s student academic achievement stand18 ards. 

19 ‘‘(E) Strategies to attract high-quality 

20 highly effective teachers to high-need schools. 

21 ‘‘(F) Strategies to increase parental in22 volvement in accordance with section 1118, 

23 such as family literary services. 

24 ‘‘(G) Plans for assisting preschool children 

25 in the transition from early childhood programs, 


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1 such as Head Start or a State-run preschool 

2 program, to local elementary school programs. 

3 ‘‘(H) Measures to include teachers in the 

4 decisions regarding the use of academic assess5 ments described in section 1111(b)(3) in order 

6 to provide information on, and to improve, the 

7 achievement of individual students and the 

8 overall instructional program. 

9 ‘‘(I) Activities to ensure that students who 

10 experience difficulty mastering the proficient or 

11 advanced levels of academic achievement stand12 ards required by section 1111(b)(1) shall be 

13 provided with effective, timely additional assist14 ance which shall include measures to ensure 

15 that students’ difficulties are identified on a 

16 timely basis and to provide sufficient informa17 tion on which to base effective assistance. 

18 ‘‘(J) Coordination and integration of Fed19 eral, State, and local services and programs, in20 cluding programs supported under this Act, vio21 lence prevention programs, nutrition programs, 

22 housing programs, Head Start, adult education, 

23 vocational and technical education, and job 

24 training. 

25 ‘‘(2) PLAN.— 


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1 ‘‘(A) IN GENERAL.—Any eligible school 

2 that desires to operate a schoolwide program 

3 shall first develop (or amend a plan for such a 

4 program that was in existence on the day before 

5 the date of enactment of the Educational Ac6 countability and State Flexibility Act of 2013), 

7 in consultation with the local educational agen8 cy and its school support team or other tech9 nical assistance provider under section 1117, a 

10 comprehensive plan for reforming the total in11 structional program in the school that— 

12 ‘‘(i) describes how the school will im13 plement the components described in para14 graph (1); 

15 ‘‘(ii) describes how the school will use 

16 resources under this part and from other 

17 sources to implement those components; 

18 ‘‘(iii) includes a list of State edu19 cational agency and local educational agen20 cy programs and other Federal programs 

21 under subsection (a)(3) that will be con22 solidated in the schoolwide program; and 

23 ‘‘(iv) describes how the school will 

24 provide individual student academic assess25 ment results in a language the parents can 


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1 understand, including an interpretation of 

2 those results, to the parents of a child who 

3 participates in the academic assessments 

4 required by section 1111(b)(3). 

5 ‘‘(B) PLAN DEVELOPMENT.—The com6 prehensive plan shall be— 

7 ‘‘(i) developed during a one-year pe8 riod, unless— 

9 ‘‘(I) the local educational agency, 

10 after considering the recommendation 

11 of the technical assistance providers 

12 under section 1117, determines that 

13 less time is needed to develop and im14 plement the schoolwide program; or 

15 ‘‘(II) the school is operating a 

16 schoolwide program on the day pre17 ceding the date of enactment of the 

18 Educational Accountability and State 

19 Flexibility Act of 2013, in which case 

20 such school may continue to operate 

21 such program, but shall develop 

22 amendments to its existing plan dur23 ing the first year of assistance after 

24 that date to reflect the provisions of 

25 this section; 


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1 ‘‘(ii) developed with the involvement of 

2 parents and other members of the commu3 nity to be served and individuals who will 

4 carry out such plan, including teachers, 

5 principals, and administrators (including 

6 administrators of programs described in 

7 other parts of this title), and, if appro8 priate, pupil services personnel, technical 

9 assistance providers, school staff, and, if 

10 the plan relates to a secondary school, stu11 dents from such school; 

12 ‘‘(iii) in effect for the duration of the 

13 school’s participation under this part and 

14 reviewed and revised, as necessary, by the 

15 school; 

16 ‘‘(iv) available to the local educational 

17 agency, parents, and the public, and the 

18 information contained in such plan shall be 

19 in an understandable and uniform format 

20 and, to the extent practicable, provided in 

21 a language that the parents can under22 stand; and 

23 ‘‘(v) if appropriate, developed in co24 ordination with programs under the Carl 

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1 cation Act of 2006 and the Head Start 

2 Act. 

3 ‘‘(c) PREKINDERGARTEN PROGRAM.—A school that 

4 is eligible for a schoolwide program under this section may 

5 use funds made available under this part to establish or 

6 enhance prekindergarten programs for children below the 

7 age of 6. 

8 ‘‘SEC. 1115. TARGETED ASSISTANCE SCHOOLS. 

9 ‘‘(a) IN GENERAL.—In all schools selected to receive 

10 funds under section 1113(c) that are ineligible for a 

11 schoolwide program under section 1114, or that choose 

12 not to operate such a schoolwide program, a local edu13 cational agency serving such school may use funds re14 ceived under this part only for programs that provide serv15 ices to eligible children under subsection (b) identified as 

16 having the greatest need for special assistance. 

17 ‘‘(b) ELIGIBLE CHILDREN.— 

18 ‘‘(1) ELIGIBLE POPULATION.— 

19 ‘‘(A) IN GENERAL.—The eligible popu20 lation for services under this section is— 

21 ‘‘(i) children not older than age 21 

22 who are entitled to a free public education 

23 through grade 12; and 


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1 ‘‘(ii) children who are not yet at a 

2 grade level at which the local educational 

3 agency provides a free public education. 

4 ‘‘(B) ELIGIBLE CHILDREN FROM ELIGIBLE

5 POPULATION.—From the population described 

6 in subparagraph (A), eligible children are chil7 dren identified by the school as failing, or most 

8 at risk of failing, to meet the State’s chal9 lenging student academic achievement stand10 ards on the basis of multiple, educationally re11 lated, objective criteria established by the local 

12 educational agency and supplemented by the 

13 school, except that children from preschool 

14 through grade 2 shall be selected solely on the 

15 basis of such criteria as teacher judgment, 

16 interviews with parents, and developmentally 

17 appropriate measures. 

18 ‘‘(2) CHILDREN INCLUDED.— 

19 ‘‘(A) IN GENERAL.—Children who are eco20 nomically disadvantaged, children with disabil21 ities, migrant children, American Indian, Alas22 ka Native or Native Hawaiian children, or lim23 ited English proficient children, are eligible for 

24 services under this part on the same basis as 


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1 other children selected to receive services under 

2 this part. 

3 ‘‘(B) HEAD START CHILDREN.—A child 

4 who, at any time in the 2 years preceding the 

5 year for which the determination is made, par6 ticipated in a Head Start program or in pre7 school services under this title, is eligible for 

8 services under this part. 

9 ‘‘(C) PART C CHILDREN.—A child who, at 

10 any time in the 2 years preceding the year for 

11 which the determination is made, received serv12 ices under part C is eligible for services under 

13 this part. 

14 ‘‘(D) NEGLECTED OR DELINQUENT CHIL15 DREN.—A child in a local institution for ne16 glected or delinquent children and youth or at17 tending a community day program for such 

18 children is eligible for services under this part. 

19 ‘‘(E) HOMELESS CHILDREN.—A child who 

20 is homeless and attending any school served by 

21 the local educational agency is eligible for serv22 ices under this part. 

23 ‘‘(F) INDIAN CHILDREN.—A child who, at 

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1 ices under title VII is eligible for services under 

2 this part. 

3 ‘‘(3) SPECIAL RULE.—Funds received under 

4 this part may not be used to provide services that 

5 are otherwise required by law to be made available 

6 to children described in paragraph (2) but may be 

7 used to coordinate or supplement such services. 

8 ‘‘(c) COMPONENTS OF A TARGETED ASSISTANCE

9 SCHOOL PROGRAM.— 

10 ‘‘(1) IN GENERAL.—To assist targeted assist11 ance schools and local educational agencies to meet 

12 their responsibility to provide for all their students 

13 served under this part the opportunity to meet the 

14 State’s challenging student academic achievement 

15 standards in subjects as determined by the State, 

16 each targeted assistance program under this section 

17 shall— 

18 ‘‘(A) use such program’s resources under 

19 this part to help participating children meet 

20 such State’s challenging student academic 

21 achievement standards expected for all children; 

22 ‘‘(B) ensure that planning for students 

23 served under this part is incorporated into ex24 isting school planning; 


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

3 based research that strengthens the core aca4 demic program of the school and may include— 

5 ‘‘(i) extended learning time, such as 

6 an extended school year, before- and after7 school, and summer programs and oppor8 tunities; 

9 ‘‘(ii) help provide an accelerated, high10 quality curriculum, including applied learn11 ing; 

12 ‘‘(iii) positive behavioral interventions 

13 and supports and response to intervention; 

14 and 

15 ‘‘(iv) minimize removing children from 

16 the regular classroom during regular 

17 school hours for instruction provided under 

18 this part; 

19 ‘‘(D) coordinate with and support the reg20 ular education program, which may include 

21 services to assist preschool children in the tran22 sition from early childhood programs such as 

23 Head Start and State-run preschool programs 

24 to elementary school programs; 


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1 ‘‘(E) provide instruction by highly effective 

2 teachers; 

3 ‘‘(F) in accordance with subsection (e)(3) 

4 and section 1119, provide opportunities for pro5 fessional development with resources provided 

6 under this part, and, to the extent practicable, 

7 from other sources, for teachers, principals, and 

8 paraprofessionals, including, if appropriate, 

9 pupil services personnel, parents, and other 

10 staff, who work with participating children in 

11 programs under this section or in the regular 

12 education program; 

13 ‘‘(G) provide strategies to increase paren14 tal involvement in accordance with section 

15 1118, such as family literacy services; and 

16 ‘‘(H) coordinate and integrate Federal, 

17 State, and local services and programs, includ18 ing programs supported under this Act, violence 

19 prevention programs, nutrition programs, hous20 ing programs, Head Start, adult education, vo21 cational and technical education, and job train22 ing. 

23 ‘‘(2) REQUIREMENTS.—Each school conducting 

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1 section (b) to meet the State’s proficient and ad2 vanced levels of achievement by— 

3 ‘‘(A) the coordinating of resources provided 

4 under this part with other resources; and 

5 ‘‘(B) reviewing, on an ongoing basis, the 

6 progress of participating children and revising 

7 the targeted assistance program, if necessary, 

8 to provide additional assistance to enable such 

9 children to meet the State’s challenging student 

10 academic achievement standards, such as an ex11 tended school year, before- and after-school, 

12 and summer programs and opportunities, train13 ing for teachers regarding how to identify stu14 dents who need additional assistance, and train15 ing for teachers regarding how to implement 

16 student academic achievement standards in the 

17 classroom. 

18 ‘‘(d) INTEGRATION OF PROFESSIONAL DEVELOP19 MENT.—To promote the integration of staff supported 

20 with funds under this part into the regular school program 

21 and overall school planning and improvement efforts, pub22 lic school personnel who are paid with funds received 

23 under this part may— 

24 ‘‘(1) participate in general professional develop25 ment and school planning activities; and 


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1 ‘‘(2) assume limited duties that are assigned to 

2 similar personnel who are not so paid, including du3 ties beyond classroom instruction or that do not ben4 efit participating children, so long as the amount of 

5 time spent on such duties is the same proportion of 

6 total work time as prevails with respect to similar 

7 personnel at the same school. 

8 ‘‘(e) SPECIAL RULES.— 

9 ‘‘(1) SIMULTANEOUS SERVICE.—Nothing in this 

10 section shall be construed to prohibit a school from 

11 serving students under this section simultaneously 

12 with students with similar educational needs, in the 

13 same educational settings where appropriate. 

14 ‘‘(2) COMPREHENSIVE SERVICES.—If— 

15 ‘‘(A) health, nutrition, and other social 

16 services are not otherwise available to eligible 

17 children in a targeted assistance school and 

18 such school, if appropriate, has engaged in a 

19 comprehensive needs assessment and estab20 lished a collaborative partnership with local 

21 service providers; and 

22 ‘‘(B) funds are not reasonably available 

23 from other public or private sources to provide 

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1 vided under this part may be used as a last re2 sort to provide such services, including— 

3 ‘‘(i) the provision of basic medical 

4 equipment, such as eyeglasses and hearing 

5 aids; 

6 ‘‘(ii) compensation of a coordinator; 

7 and 

8 ‘‘(iii) professional development nec9 essary to assist teachers, pupil services 

10 personnel, other staff, and parents in iden11 tifying and meeting the comprehensive 

12 needs of eligible children. 

13 ‘‘(3) PROFESSIONAL DEVELOPMENT.—Each 

14 school receiving funds under this part for any fiscal 

15 year shall devote sufficient resources to carry out ef16 fectively the professional development activities de17 scribed in subparagraph (F) of subsection (c)(1) in 

18 accordance with section 1119 for such fiscal year, 

19 and a school may enter into a consortium with an20 other school to carry out such activities. 

21 ‘‘SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDU22 CATIONAL AGENCY AND SCHOOL IMPROVE23 MENT. 

24 ‘‘(a) ESTABLISHMENT OF NEW STATE FLEXIBILITY

25 IN ACCOUNTABILITY REQUIREMENTS.— 


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1 ‘‘(1) IN GENERAL.—Beginning one year after 

2 the date of enactment of the Educational Account3 ability and State Flexibility Act of 2013 and except 

4 as provided in paragraph (2), each State educational 

5 agency and local educational agency shall determine 

6 the performance of, and consequences for, the public 

7 schools served under this part in accordance with 

8 this section. 

9 ‘‘(2) STATE FLEXIBILITY.—A State that has re10 ceived a waiver pursuant to the Secretary’s authority 

11 under section 9401 before the date of enactment of 

12 the Educational Accountability and State Flexibility 

13 Act of 2013 may elect to carry out the terms of the 

14 waiver or may choose to implement the requirements 

15 of this section instead of the corresponding require16 ments of the waiver. 

17 ‘‘(b) EVALUATION.— 

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

19 agency shall, for each year and in coordination with 

20 each local educational agency, evaluate a school’s 

21 performance for the previous school year to— 

22 ‘‘(A) determine whether the school has met 

23 State standards or is making satisfactory 

24 progress toward meeting State standards; and 


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1 ‘‘(B) assign each school to a tier described 

2 in subsection (c). 

3 ‘‘(2) CONSIDERATIONS.—In determining the 

4 proper tier for a school, the State educational agen5 cy shall consider, at a minimum— 

6 ‘‘(A) each school’s performance and 

7 progress toward ensuring that each student is 

8 proficient on State standards or is making sat9 isfactory progress toward attaining proficiency 

10 on the State’s standards, as measured by the 

11 State academic assessments and other indica12 tors described in the State and local plans 

13 under sections 1111 and 1112; and 

14 ‘‘(B) is on track to graduate from high 

15 school on time or, for students with an individ16 ualized educational program, within the period 

17 allowed under the Individuals with Disabilities 

18 Education Act. 

19 ‘‘(c) ACCOUNTABILITY TIERS.—Each State shall de20 velop an accountability system to identify schools that con21 sists of a series of tiers and shall assign rational and ap22 propriate consequences to each tier. The system shall in23 clude, at a minimum, the following tiers and consequences 

24 for each tier: 

25 ‘‘(1) MEETING STATE STANDARDS.— 


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1 ‘‘(A) DESCRIPTION.—This tier shall in2 clude each school in the State that meets the 

3 requirements of subparagraphs (B) and (C) of 

4 section 1111(b)(2). 

5 ‘‘(B) CONSEQUENCE.—The State edu6 cational agency shall provide a school in this 

7 tier with appropriate recognition and shall en8 sure that the school’s best practices are dis9 seminated to other local educational agencies in 

10 the State. 

11 ‘‘(2) NEARLY MEETING STATE STANDARDS AND

12 MAKING GROWTH.— 

13 ‘‘(A) DESCRIPTION.—This tier shall in14 clude each school in the State that— 

15 ‘‘(i) has not met the requirements of 

16 subparagraphs (B) and (C) of section 

17 1111(b)(2) for not more than 2 of the sub18 groups of students described in section 

19 1111(b)(2)(C)(v)(II) for which data must 

20 be disaggregated; and 

21 ‘‘(ii) demonstrates that the school is 

22 making satisfactory progress toward meet23 ing such standards, such as by satisfying 

24 the safe harbor provisions of section 


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1 1111(b)(2)(I) or as required by the State 

2 plan under section 1111(h). 

3 ‘‘(B) CONSEQUENCES.— 

4 ‘‘(i) The State educational agency 

5 shall provide each school in this tier with 

6 appropriate recognition for the school’s 

7 successes and growth. 

8 ‘‘(ii) The local educational agency 

9 shall ensure that each such school creates, 

10 and submits for approval by the local edu11 cational agency, a research-based improve12 ment plan for the students in such sub13 groups attending the school who are in any 

14 of grades 3 through 12 and who did not 

15 meet or exceed the proficient level on the 

16 most recent State assessment in mathe17 matics or in reading or language arts, or 

18 for improving the graduation rate, as ap19 plicable, and implements the approved 

20 plan. 

21 ‘‘(3) NOT MEETING STATE STANDARDS FOR A

22 SIGNIFICANT NUMBER OF CATEGORIES.— 

23 ‘‘(A) DESCRIPTION.—This tier shall in24 clude each school in the State that— 


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1 ‘‘(i) did not meet the requirements of 

2 subparagraphs (B) and (C) of section 

3 1111(b)(2) for a significant number of 

4 subgroups; and 

5 ‘‘(ii) is not showing enough improve6 ment to provide reasonable confidence that 

7 the students will be meeting or making 

8 satisfactory progress toward meeting State 

9 standards as required by the State plan 

10 under section 1111(b) or that the gradua11 tion rate will improve within the number of 

12 years required by the State plan. 

13 ‘‘(B) CONSEQUENCES.— 

14 ‘‘(i) RECOGNITION.—The State edu15 cational agency shall ensure that each 

16 school in this tier receives recognition for 

17 what the school is doing well. 

18 ‘‘(ii) IMPROVEMENT PLAN.— 

19 ‘‘(I) IN GENERAL.—The local 

20 educational agency serving each school 

21 in this tier shall audit the policies and 

22 practices of the school, as described in 

23 subsection (d), and, based on the re24 sults, shall create, in consultation with 

25 parents, teachers, administrators, and 


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1 as applicable, representatives of tribes 

2 or Native organizations that are serv3 ing students who attend the school, 

4 and submit to the State educational 

5 agency for approval, a research-based 

6 improvement plan for the students in 

7 each subgroup of students attending 

8 the school who are in any of grades 3 

9 through 12 and who did not meet or 

10 exceed the proficient level on the most 

11 recent State assessment in mathe12 matics, reading or language arts, for 

13 improving the graduation rate in the 

14 school, or for the school as a whole, as 

15 appropriate, and implement the ap16 proved plan. 

17 ‘‘(II) REQUIREMENTS.—A plan 

18 described in this clause shall include 

19 valid, reliable, evidence-based inter20 ventions and may be developed with 

21 the assistance of a nonprofit organiza22 tion with demonstrated effectiveness 

23 in school improvement research or im24 plementation. 


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1 ‘‘(iii) SUPPLEMENTAL EDUCATIONAL

2 SERVICES.— 

3 ‘‘(I) IN GENERAL.—The local 

4 educational agency shall provide sup5 plemental educational services to stu6 dents attending the school who are in 

7 any of grades 3 through 12, who are 

8 in the subgroups that did not meet 

9 the State standards, and who did not 

10 meet or exceed the proficient level on 

11 the most recent State assessment in 

12 mathematics or in reading or lan13 guage arts, in accordance with sub14 section (e) of this section, as such sec15 tion was in effect on the day before 

16 the date of enactment of the Edu17 cational Accountability and State 

18 Flexibility Act of 2013. Such services 

19 may be provided by the local edu20 cational agency or be provided by a 

21 provider that has a demonstrated 

22 record of effectiveness in serving the 

23 students identified under this sub24 section and that has been approved by 

25 the State educational agency or local 


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1 educational agency in accordance with 

2 reasonable criteria. 

3 ‘‘(II) ADDITIONAL RULES.—In 

4 addition to the other requirements of 

5 this clause— 

6 ‘‘(aa) in order to provide 

7 services under this subsection to 

8 students in a school, a provider 

9 on the list of approved providers 

10 across the State must also have 

11 provided the State with evidence 

12 that the provider is successful at 

13 serving any subgroup of students 

14 at the school that did not meet 

15 State standards for the preceding 

16 year; 

17 ‘‘(bb) local educational agen18 cies may negotiate performance19 based contracts with providers 

20 regarding— 

21 ‘‘(AA) the hourly rates 

22 for the supplemental edu23 cational services and the 

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1 cational services hours pro2 vided; 

3 ‘‘(BB) tutor qualifica4 tions and the curriculum to 

5 be provided, particularly for 

6 serving students who are 

7 limited English proficient 

8 and children with disabil9 ities; and 

10 ‘‘(CC) other pro11 grammatic and financial 

12 management factors. 

13 ‘‘(iv) TECHNICAL ASSISTANCE.—The 

14 State educational agency shall provide 

15 technical assistance to assist the local edu16 cational agency to improve student pro17 ficiency or graduation rates at a school 

18 identified under this subsection and may 

19 require the local educational agency to im20 plement specific and appropriate interven21 tions. 

22 ‘‘(4) NOT MEETING STATE STANDARDS FOR A

23 SIGNIFICANT NUMBER OF CATEGORIES FOR MUL24 TIPLE YEARS.— 


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1 ‘‘(A) DESCRIPTION.—This tier shall in2 clude each school in the State that— 

3 ‘‘(i) did not meet the requirements of 

4 subparagraphs (B) and (C) of section 

5 1111(b)(2) for a significant number of 

6 subgroups; and 

7 ‘‘(ii) is showing little or no improve8 ment. 

9 ‘‘(B) CONSEQUENCES.— 

10 ‘‘(i) AUDIT AND IMPLEMENTATION OF

11 TURNAROUND MODEL OR SCHOOL IM12 PROVEMENT STRATEGIES.—The State 

13 shall conduct an in-depth audit of the 

14 school and shall require the local edu15 cational agency to implement— 

16 ‘‘(I) an alternative model of gov17 ernance allowed under State law; or 

18 ‘‘(II) school improvement strate19 gies based on a system of support 

20 model described in subsection (d). 

21 ‘‘(ii) CONSULTATION.—A State edu22 cational agency shall determine the appro23 priate models or strategies to be used in 

24 accordance with clause (i), but shall en25 gage in meaningful consultation with the 


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1 local educational agency serving such 

2 school, educators, Indian tribes or Native 

3 organizations located in the area served by 

4 the school, and parents before making a 

5 final determination. 

6 ‘‘(iii) NO FEDERAL INFLUENCE.—The 

7 Secretary shall not prioritize, incentivize, 

8 or require the use of, any particular meth9 od of school turnaround or school improve10 ment strategy. 

11 ‘‘(iv) SUPPLEMENTAL EDUCATIONAL

12 SERVICES.—The State educational agency 

13 shall require that the local educational 

14 agency provide supplemental educational 

15 services to students attending the school 

16 who are enrolled in any of grades 3 

17 through 12 and who did not meet or ex18 ceed the proficient level on the most recent 

19 State assessment in mathematics or in 

20 reading or language arts, in accordance 

21 with paragraph (3)(B)(iii). 

22 ‘‘(v) PUBLIC SCHOOL CHOICE.— 

23 ‘‘(I) IN GENERAL.—Not later 

24 than the first day of the school year 

25 following a school’s classification in 


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1 this tier, the local educational agency 

2 serving the school may provide stu3 dents in grades 3 through 12 who are 

4 enrolled in the school and who did not 

5 meet or exceed the proficient level on 

6 the most recent State assessment in 

7 mathematics or in reading or lan8 guage arts with the option to transfer 

9 to another public school served by the 

10 local educational agency in accordance 

11 with subclause (II), which may in12 clude a public charter school, that has 

13 not been identified for school improve14 ment under this paragraph, unless 

15 such an option is prohibited by State 

16 law. The local educational agency 

17 shall provide, or shall pay for the pro18 vision of, transportation to the public 

19 school the student attends if the local 

20 educational agency chooses to make 

21 this option available. 

22 ‘‘(II) TRANSFER.—Students who 

23 use the option to transfer under this 

24 clause shall be enrolled in classes and 

25 other activities in the public school to 


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1 which the students transfer in the 

2 same manner as all other children at 

3 the public school. 

4 ‘‘(III) SPECIAL RULES.—Not5 withstanding the requirements of this 

6 clause, a local educational agency 

7 shall not be required to provide stu8 dents with the option to transfer to a 

9 school under this subparagraph if 

10 doing so would expose students to un11 safe or unreasonable transportation 

12 routes or means or if there is no high13 er-performing school within the school 

14 district that has the space or capacity 

15 to serve them. 

16 ‘‘(vi) WITHHOLDING OF STATE OR

17 FEDERAL FUNDS.—A State shall have full 

18 authority to mandate any necessary 

19 changes to a school in order to effect im20 provement and to withhold Federal fund21 ing made available by this act or State 

22 funding. 

23 ‘‘(5) STATE DETERMINATIONS.—The State edu24 cational agency shall determine the number of sub25 groups of students and the number of years of imVerDate Mar 15 2010 04:06 Jun 08, 2013 Jkt 029200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S1110.IS S1110

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1 provement that are required for a school to be des2 ignated as part of a particular tier. The Secretary 

3 shall not approve, disapprove, prioritize, or otherwise 

4 control the decision made by the State with regard 

5 to this provision. 

6 ‘‘(d) SYSTEM OF SUPPORT MODEL.—Subject to sec7 tion 1117, a system of support model described in this 

8 subsection shall provide aligned resources, information, 

9 tools, professional development, and technical assistance 

10 to assist local educational agencies and schools to improve. 

11 A State educational agency that chooses to implement a 

12 system of support model for school improvement shall im13 plement strategies and assistance as required by the needs 

14 of the school. This model shall include a review, and, if 

15 necessary, assistance in the following areas: 

16 ‘‘(1) Curriculum development, alignment with 

17 performance standards, and implementation in class18 rooms. 

19 ‘‘(2) Assessment, including formative and 

20 summative data collection and review, alignment 

21 with curriculum and performance standards, and use 

22 of data to guide instruction. 

23 ‘‘(3) Instruction, including applying multiple ef24 fective strategies, differentiated instruction, response 


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1 to intervention, and alignment with performance 

2 standards. 

3 ‘‘(4) Supportive learning environment, including 

4 effective classroom management, maximizing in5 structional time, discipline or behavior plans, attend6 ance, parent and community involvement, extended 

7 learning, and positive behavioral intervention and 

8 support. 

9 ‘‘(5) Professional development, such as job-em10 bedded, results-oriented, data-driven mentoring. 

11 ‘‘(6) Leadership, including— 

12 ‘‘(A) developing and implementing effective 

13 improvement strategies; 

14 ‘‘(B) creating a positive learning environ15 ment and effective adult learning community; 

16 ‘‘(C) parental and community engagement; 

17 ‘‘(D) using data to improve student 

18 progress; 

19 ‘‘(E) teacher supervision, support, evalua20 tion, and collaboration; and 

21 ‘‘(F) the school’s mission, vision, and 

22 goals. 

23 ‘‘(e) STATE PLAN.—A State shall include a descrip24 tion of the State’s multi-tiered system under this section 

25 in the State plan submitted under section 1111(a), and 


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1 shall provide to the Secretary such information as the Sec2 retary may reasonably require relating to the system and 

3 the performance of the State’s schools in the system in 

4 the State’s report under section 1111(h)(2). The Sec5 retary shall have no authority to approve or disapprove 

6 the system under such plan. 

7 ‘‘(f) FUNDS FOR TRANSPORTATION AND SUPPLE8 MENTAL EDUCATIONAL SERVICES.— 

9 ‘‘(1) IN GENERAL.—Subject to subsection 

10 (c)(4)(B)(v), a local educational agency may reserve 

11 funds from its allocation under subpart 2 to provide 

12 transportation as required under subsection 

13 (c)(4)(E) and to satisfy all requests for supple14 mental educational services under section 1116(e), 

15 subject to paragraph (2). 

16 ‘‘(2) UNUSED FUNDS.—Beginning 30 days 

17 after the first day of a school year, a local edu18 cational agency may spend the amount reserved 

19 under paragraph (1) for other purposes, if the local 

20 educational agency certifies to the State educational 

21 agency that all families of students eligible for trans22 portation under subsection (c)(4)(E), or supple23 mental educational services under subsection (c), 

24 have been notified of the opportunity and have been 

25 provided with a reasonable period of time to change 


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1 schools or enroll in supplemental educational serv2 ices, as appropriate. 

3 ‘‘(g) SCHOOLS FUNDED BY THE BUREAU OF INDIAN

4 EDUCATION.— 

5 ‘‘(1) MEETING STANDARDS OR MAKING SATIS6 FACTORY PROGRESS TOWARD MEETING STANDARDS

7 FOR BUREAU FUNDED SCHOOLS.— 

8 ‘‘(A) DEVELOPMENT OF DEFINITION.— 

9 ‘‘(i) DEFINITION.—The Secretary of 

10 the Interior, in consultation with the Sec11 retary if the Secretary of Interior requests 

12 the consultation, using the process set out 

13 in section 1138(b) of the Education 

14 Amendments of 1978, shall define meeting 

15 or making satisfactory progress toward 

16 meeting State standards, for the schools 

17 funded by the Bureau of Indian Education 

18 on a regional or tribal basis, as appro19 priate, taking into account the unique cir20 cumstances and needs of such schools and 

21 the students served by such schools. 

22 ‘‘(ii) USE OF DEFINITION.—The Sec23 retary of the Interior, consistent with 

24 clause (i), may use the definition of meet25 ing or making satisfactory progress toward 


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1 meeting State standards that the State in 

2 which the school that is funded by the Bu3 reau is located uses consistent with section 

4 1111(b), or in the case of schools that are 

5 located in more than one State, the Sec6 retary of the Interior may use whichever 

7 State definition that best meets the unique 

8 circumstances and needs of such school or 

9 schools and the students the schools serve. 

10 ‘‘(B) WAIVER.—The tribal governing body 

11 or school board of a school funded by the Bu12 reau of Indian Education may waive, in part or 

13 in whole, the definition of meeting or making 

14 satisfactory progress toward meeting State 

15 standards established pursuant to subparagraph 

16 (A) where such definition is determined by such 

17 body or school board to be inappropriate. If 

18 such definition is waived, the tribal governing 

19 body or school board shall, within 60 days 

20 thereafter, submit to the Secretary of Interior 

21 a proposal for an alternative definition of meet22 ing or making satisfactory progress toward 

23 meeting State standards, consistent with section 

24 1111(b), that takes into account the unique cir25 cumstances and needs of such school or schools 


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1 and the students served. The Secretary of the 

2 Interior, in consultation with the Secretary if 

3 the Secretary of Interior requests the consulta4 tion, shall approve such alternative definition 

5 unless the Secretary determines that the defini6 tion does not meet the requirements of section 

7 1111(b), taking into account the unique cir8 cumstances and needs of such school or schools 

9 and the students served. 

10 ‘‘(C) TECHNICAL ASSISTANCE.—The Sec11 retary of Interior shall, in consultation with the 

12 Secretary if the Secretary of Interior requests 

13 the consultation, either directly or through a 

14 contract, provide technical assistance, upon re15 quest, to a tribal governing body or school 

16 board of a school funded by the Bureau of In17 dian Education that seeks to develop an alter18 native definition of meeting or making satisfac19 tory progress toward meeting State standards. 

20 ‘‘(2) ACCOUNTABILITY FOR BIA SCHOOLS.—For 

21 the purposes of this section, schools funded by the 

22 Bureau of Indian Education shall be considered 

23 schools subject to subsection (c), as specifically pro24 vided for in this subsection, except that such schools 

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1 lic school choice and supplemental educational serv2 ices under subsections (c) and (f). 

3 ‘‘(3) SCHOOL IMPROVEMENT FOR BUREAU

4 SCHOOLS.— 

5 ‘‘(A) CONTRACT AND GRANT SCHOOLS.— 

6 For a school funded by the Bureau of Indian 

7 Education which is operated under a contract 

8 issued by the Secretary of the Interior pursuant 

9 to the Indian Self-Determination Act (25 

10 U.S.C. 450 et seq.) or under a grant issued by 

11 the Secretary of the Interior pursuant to the 

12 Tribally Controlled Schools Act of 1988 (25 

13 U.S.C. 2501 et seq.), the school board of such 

14 school shall be responsible for meeting the re15 quirements of subsections (c) through (f), other 

16 than the requirements of public school choice 

17 under subsection (c)(4)(B)(v). The Bureau of 

18 Indian Education shall be responsible for meet19 ing the requirements of subsection (c)(3)(B)(iv) 

20 relating to technical assistance. 

21 ‘‘(B) BUREAU OPERATED SCHOOLS.—For 

22 schools operated by the Bureau of Indian Edu23 cation, the Bureau shall be responsible for 

24 meeting the requirements of subsection (b) re25 lating to development and implementation of 


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1 any school improvement plan as described in 

2 subsections (b)(1) through (b)(5), other than 

3 subsection (b)(1)(E). 

4 ‘‘(4) CONSEQUENCES FOR BUREAU-FUNDED

5 SCHOOLS.— 

6 ‘‘(A) CONTRACT AND GRANT SCHOOLS.— 

7 For a school funded by the Bureau of Indian 

8 Education which is operated under a contract 

9 issued by the Secretary of the Interior pursuant 

10 to the Indian Self-Determination Act (25 

11 U.S.C. 450 et seq.) or under a grant issued by 

12 the Secretary of the Interior pursuant to the 

13 Tribally Controlled Schools Act of 1988 (25 

14 U.S.C. 2501 et seq.), the school board of such 

15 school shall be responsible for meeting the re16 quirements of paragraphs (2), (3), and (4) of 

17 subsection (c). Any action taken by such school 

18 board under such paragraphs shall take into ac19 count the unique circumstances and structure 

20 of the Bureau of Indian Education-funded 

21 school system and the laws governing that sys22 tem. 

23 ‘‘(B) BUREAU OPERATED SCHOOLS.—For 

24 schools operated by the Bureau of Indian Edu25 cation, the Bureau shall be responsible for 


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1 meeting the requirements of paragraphs (2), 

2 (3), and (4) of subsection (c). Any action taken 

3 by the Bureau under such paragraphs shall 

4 take into account the unique circumstances and 

5 structure of the Bureau of Indian Education6 funded school system and the laws governing 

7 that system. 

8 ‘‘(5) ANNUAL REPORT.—On an annual basis, 

9 the Secretary of the Interior shall report to the Sec10 retary of Education and to the appropriate commit11 tees of Congress regarding any schools funded by 

12 the Bureau of Indian Education which have been 

13 identified in a tier described in paragraph (2), (3), 

14 or (4) of subsection (c). Such report shall include— 

15 ‘‘(A) the identity of each school; 

16 ‘‘(B) a statement from each affected school 

17 board regarding the factors that lead to such 

18 identification; and 

19 ‘‘(C) an analysis by the Secretary of the 

20 Interior, in consultation with the Secretary if 

21 the Secretary of Interior requests the consulta22 tion, as to whether sufficient resources were 

23 available to enable such school to meet or make 

24 satisfactory progress toward meeting State 

25 standards. 


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1 ‘‘SEC. 1117. SCHOOL SUPPORT AND RECOGNITION. 

2 ‘‘(a) SYSTEM FOR SUPPORT.— 

3 ‘‘(1) IN GENERAL.—Each State shall establish 

4 a statewide system of intensive and sustained sup5 port and improvement for local educational agencies 

6 and schools receiving funds under this part, as de7 scribed in section 1116, in order to increase the op8 portunity for all students served by those agencies 

9 and schools to meet the State’s academic content 

10 standards and student academic achievement stand11 ards. 

12 ‘‘(2) PRIORITIES.—In carrying out this sub13 section, a State shall— 

14 ‘‘(A) first, provide support and assistance 

15 to local educational agencies with schools in the 

16 tier described in section 1116(c)(4) and assist 

17 those schools; 

18 ‘‘(B) second, provide support and assist19 ance to other local educational agencies with 

20 schools in the tier described in section 

21 1116(c)(3); and 

22 ‘‘(C) third, provide support and assistance 

23 to other local educational agencies and schools 

24 participating under this part that need that 

25 support and assistance in order to achieve the 

26 purpose of this part. 


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1 ‘‘(3) REGIONAL CENTERS.—Such a statewide 

2 system shall, to the extent practicable, work with 

3 and receive support and assistance from regional 

4 educational laboratories established under part D of 

5 the Education Sciences Reform Act of 2002 and 

6 comprehensive centers established under the Edu7 cational Technical Assistance Act of 2002 and the 

8 comprehensive regional technical assistance centers 

9 and the regional educational laboratories under sec10 tion 941(h) of the Educational Research, Develop11 ment, Dissemination, and Improvement Act of 1994 

12 (as such section existed on the day before the date 

13 of enactment of the Education Sciences Reform Act 

14 of 2002), or other providers of technical assistance. 

15 ‘‘(4) STATEWIDE SYSTEM.— 

16 ‘‘(A) In order to achieve the purpose de17 scribed in paragraph (1), the statewide system 

18 shall include, at a minimum, the following ap19 proaches: 

20 ‘‘(i) Establishing school support teams 

21 in accordance with paragraph (5) for as22 signment to, and working in, schools in the 

23 State that are described in paragraph (2). 

24 ‘‘(ii) Providing such support as the 

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1 essary and available in order to ensure the 

2 effectiveness of such teams. 

3 ‘‘(iii) Designating and using distin4 guished teachers and principals who are 

5 chosen from schools served under this part 

6 that have been especially successful in im7 proving academic achievement. 

8 ‘‘(iv) Devising additional approaches 

9 to providing the assistance described in 

10 paragraph (1), such as providing assist11 ance through institutions of higher edu12 cation, tribes or Native organizations 

13 whose members are enrolled in the local 

14 educational agency, and educational service 

15 agencies or other local consortia, and pri16 vate providers of scientifically based tech17 nical assistance. 

18 ‘‘(B) PRIORITY.—The State educational 

19 agency shall give priority to the approach de20 scribed in clause (i) of subparagraph (A). 

21 ‘‘(5) SCHOOL SUPPORT TEAMS.— 

22 ‘‘(A) COMPOSITION.—Each school support 

23 team established under this section shall be 

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1 ing and learning and about successful 

2 schoolwide projects, school reform, and improv3 ing educational opportunities for low-achieving 

4 students, including— 

5 ‘‘(i) highly effective or distinguished 

6 teachers and principals; 

7 ‘‘(ii) pupil services personnel; 

8 ‘‘(iii) parents; 

9 ‘‘(iv) representatives of institutions of 

10 higher education; 

11 ‘‘(v) representatives of regional edu12 cational laboratories or comprehensive re13 gional technical assistance centers; 

14 ‘‘(vi) representatives of outside con15 sultant groups; 

16 ‘‘(vii) representatives of tribes or Na17 tive organizations present in the State; or 

18 ‘‘(viii) other individuals as the State 

19 educational agency, in consultation with 

20 the local educational agency, may deter21 mine appropriate. 

22 ‘‘(B) FUNCTIONS.—Each school support 

23 team assigned to a school under this section 

24 shall— 


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1 ‘‘(i) review and analyze all facets of 

2 the school’s operation, including the design 

3 and operation of the instructional program, 

4 and assist the school in developing rec5 ommendations for improving student per6 formance in that school; 

7 ‘‘(ii) collaborate with parents and 

8 school staff and the local educational agen9 cy serving the school in the design, imple10 mentation, and monitoring of a plan that, 

11 if fully implemented, can reasonably be ex12 pected to improve student performance and 

13 help the school meet State standards under 

14 section 1111(b)(2)(B); 

15 ‘‘(iii) evaluate, at least semiannually, 

16 the effectiveness of school personnel as17 signed to the school, including identifying 

18 outstanding teachers and principals, and 

19 make findings and recommendations to the 

20 school, the local educational agency, and, 

21 where appropriate, the State educational 

22 agency; and 

23 ‘‘(iv) make additional recommenda24 tions as the school implements the plan de25 scribed in clause (ii) to the local eduVerDate Mar 15 2010 04:06 Jun 08, 2013 Jkt 029200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\S1110.IS S1110

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1 cational agency and the State educational 

2 agency concerning additional assistance 

3 that is needed by the school or the school 

4 support team. 

5 ‘‘(C) CONTINUATION OF ASSISTANCE.— 

6 After one school year, from the beginning of the 

7 activities, such school support team, in con8 sultation with the local educational agency and 

9 other stakeholders, may recommend that the 

10 school support team continue to provide assist11 ance to the school, or that the local educational 

12 agency or the State educational agency, as ap13 propriate, take alternative actions with regard 

14 to the school. 

15 ‘‘(b) STATE RECOGNITION.— 

16 ‘‘(1) ACADEMIC ACHIEVEMENT AWARDS PRO17 GRAM.— 

18 ‘‘(A) IN GENERAL.—Each State receiving 

19 a grant under this part— 

20 ‘‘(i) shall establish a program for 

21 making academic achievement awards to 

22 recognize schools that meet the criteria de23 scribed in subparagraph (B); and 

24 ‘‘(ii) as appropriate and as funds are 

25 available under subsection (c)(2)(A), may 


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1 financially reward schools served under 

2 this part that meet the criteria described 

3 in clause (ii). 

4 ‘‘(B) CRITERIA.—The criteria referred to 

5 in subparagraph (A) are that a school— 

6 ‘‘(i) significantly closed the achieve7 ment gap between the groups of students 

8 described in section 1111(b)(2); or 

9 ‘‘(ii) exceeded the goals set forth in 

10 the State plan for improvement for 2 or 

11 more consecutive years. 

12 ‘‘(2) DISTINGUISHED SCHOOLS.—Of those 

13 schools meeting the criteria described in paragraph 

14 (1)(B), each State shall designate as distinguished 

15 schools those schools that have made the greatest 

16 gains in closing the achievement gap as described in 

17 subparagraph (B)(i) or exceeded the goals set forth 

18 in the State plan for improvement. Such distin19 guished schools may serve as models for and provide 

20 support to other schools, especially schools identified 

21 in the tier described in paragraph (3) or (4) of sec22 tion 1116(c), to assist such schools in meeting the 

23 State’s academic content standards and student aca24 demic achievement standards. 


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1 ‘‘(3) AWARDS TO TEACHERS.—A State program 

2 under paragraph (1) may also recognize and provide 

3 financial awards to teachers teaching in a school de4 scribed in such paragraph that consistently makes 

5 significant gains in academic achievement in the 

6 areas in which the teacher provides instruction, or to 

7 teachers or principals designated as distinguished 

8 under subsection (a)(4)(A)(iii). 

9 ‘‘(c) FUNDING.— 

10 ‘‘(1) IN GENERAL.—Each State— 

11 ‘‘(A) shall use funds reserved under section 

12 1003(a) and may use funds made available 

13 under section 1003(g) for the approaches de14 scribed under subsection (a)(4)(A); and 

15 ‘‘(B) shall use State administrative funds 

16 authorized under section 1004(a) to establish 

17 the statewide system of support described under 

18 subsection (a). 

19 ‘‘(2) RESERVATIONS OF FUNDS BY STATE.— 

20 ‘‘(A) AWARDS PROGRAM.—For the purpose 

21 of carrying out subsection (b)(1), each State re22 ceiving a grant under this part may reserve, 

23 from the amount (if any) by which the funds 

24 received by the State under subpart 2 for a fis25 cal year exceed the amount received by the 


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1 State under that subpart for the preceding fis2 cal year, not more than 5 percent of such ex3 cess amount. 

4 ‘‘(B) TEACHER AWARDS.—For the purpose 

5 of carrying out subsection (b)(3), a State edu6 cational agency may reserve such funds as nec7 essary from funds made available under section 

8 2111. 

9 ‘‘(3) USE WITHIN 3 YEARS.—Notwithstanding 

10 any other provision of law, the amount reserved 

11 under subparagraph (A) by a State for each fiscal 

12 year shall remain available to the State until ex13 pended for a period not exceeding 3 years receipt of 

14 funds. 

15 ‘‘(4) SPECIAL ALLOCATION RULE FOR SCHOOLS

16 IN HIGH-POVERTY AREAS.— 

17 ‘‘(A) IN GENERAL.—Each State shall dis18 tribute not less than 75 percent of any amount 

19 reserved under paragraph (2)(A) for each fiscal 

20 year to schools described in subparagraph (B), 

21 or to teachers in those schools consistent with 

22 subsection (b)(3). 

23 ‘‘(B) SCHOOL DESCRIBED.—A school de24 scribed in subparagraph (A) is a school whose 

25 student population is in the highest quartile of 


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1 schools statewide in terms of the percentage of 

2 children from low income families. 

3 ‘‘SEC. 1118. PARENTAL INVOLVEMENT. 

4 ‘‘(a) LOCAL EDUCATIONAL AGENCY POLICY.— 

5 ‘‘(1) IN GENERAL.—A local educational agency 

6 may receive funds under this part only if such agen7 cy implements programs, activities, and procedures 

8 for the involvement of parents in programs assisted 

9 under this part consistent with this section. Such 

10 programs, activities, and procedures shall be planned 

11 and implemented with meaningful consultation with 

12 parents of participating children. 

13 ‘‘(2) WRITTEN POLICY.—Each local educational 

14 agency that receives funds under this part shall de15 velop jointly with, agree on with, and distribute to, 

16 parents of participating children a written parent in17 volvement policy. The policy shall be incorporated 

18 into the local educational agency’s plan developed 

19 under section 1112, establish the agency’s expecta20 tions for parent involvement, and describe how the 

21 agency will— 

22 ‘‘(A) involve parents in the joint develop23 ment of the plan under section 1112, and the 

24 process of school review and improvement under 

25 section 1116; 


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1 ‘‘(B) provide the coordination, technical as2 sistance, and other support necessary to assist 

3 participating schools in planning and imple4 menting effective parent involvement activities 

5 to improve student academic achievement and 

6 school performance; 

7 ‘‘(C) identify the barriers to effective pa8 rental involvement and build the schools’ and 

9 parents’ capacity for strong parental involve10 ment as described in subsection (e); 

11 ‘‘(D) coordinate and integrate parental in12 volvement strategies under this part with paren13 tal involvement strategies under other pro14 grams, such as the Head Start program, Par15 ents as Teachers program, and Home Instruc16 tion Program for Preschool Youngsters, and 

17 State-run preschool programs; 

18 ‘‘(E) conduct, with the involvement of par19 ents, an annual evaluation of the content and 

20 effectiveness of the parental involvement policy 

21 in improving the academic quality of the schools 

22 served under this part, including identifying 

23 barriers to greater participation by parents in 

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1 cally disadvantaged, are disabled, have limited 

2 English proficiency, have limited literacy, or are 

3 of any racial or ethnic minority background), 

4 and use the findings of such evaluation to de5 sign strategies for more effective parental in6 volvement, and to revise, if necessary, the pa7 rental involvement policies described in this sec8 tion; and 

9 ‘‘(F) involve parents in the activities of the 

10 schools served under this part. 

11 ‘‘(3) RESERVATION.— 

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

13 agency shall reserve not less than 1 percent of 

14 such agency’s allocation under subpart 2 of this 

15 part to carry out this section, including pro16 moting family literacy and parenting skills, ex17 cept that this paragraph shall not apply if 1 

18 percent of such agency’s allocation under sub19 part 2 of this part for the fiscal year for which 

20 the determination is made is $5,000 or less. 

21 ‘‘(B) PARENTAL INPUT.—Parents of chil22 dren receiving services under this part shall be 

23 involved in the decisions regarding how funds 

24 reserved under subparagraph (A) are allotted 

25 for parental involvement activities. 


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1 ‘‘(C) DISTRIBUTION OF FUNDS.—Not less 

2 than 95 percent of the funds reserved under 

3 subparagraph (A) shall be distributed to schools 

4 served under this part. 

5 ‘‘(b) SCHOOL PARENTAL INVOLVEMENT POLICY.— 

6 ‘‘(1) IN GENERAL.—Each school served under 

7 this part shall jointly develop with, and distribute to, 

8 parents of participating children a written parental 

9 involvement policy, agreed on by such parents, that 

10 shall describe the means for carrying out the re11 quirements of subsections (c) through (f). Parents 

12 shall be notified of the policy in an understandable 

13 and uniform format and, to the extent practicable, 

14 provided in a language the parents can understand. 

15 Such policy shall be made available to the local com16 munity and updated periodically to meet the chang17 ing needs of parents and the school. 

18 ‘‘(2) SPECIAL RULE.—If the school has a pa19 rental involvement policy that applies to all parents, 

20 such school may amend that policy, if necessary, to 

21 meet the requirements of this subsection. 

22 ‘‘(3) AMENDMENT.—If the local educational 

23 agency involved has a school district-level parental 

24 involvement policy that applies to all parents, such 


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1 agency may amend that policy, if necessary, to meet 

2 the requirements of this subsection. 

3 ‘‘(4) PARENTAL COMMENTS.—If the plan under 

4 section 1112 is not satisfactory to the parents of 

5 participating children, the local educational agency 

6 shall submit any parent comments with such plan 

7 when such local educational agency submits the plan 

8 to the State. 

9 ‘‘(c) POLICY INVOLVEMENT.—Each school served 

10 under this part shall— 

11 ‘‘(1) share the policy with all parents of en12 rolled children by convening an annual meeting, at 

13 a convenient time, to which all parents of partici14 pating children shall be invited and encouraged to 

15 attend, and in writing for parents who are unable to 

16 attend the meeting, in order to inform parents of 

17 their school’s participation under this part and to 

18 explain the requirements of this part, and the right 

19 of the parents to be involved; 

20 ‘‘(2) offer a flexible number of meetings, such 

21 as meetings in the morning or evening, and may 

22 provide, with funds provided under this part, trans23 portation, child care, or home visits, as such services 

24 relate to parental involvement; 


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1 ‘‘(3) involve parents, in an organized, ongoing, 

2 and timely way, in the planning, review, and im3 provement of programs under this part, including 

4 the planning, review, and improvement of the school 

5 parental involvement policy and the joint develop6 ment of the schoolwide program plan under section 

7 1114(b)(2), except that if a school has in place a 

8 process for involving parents in the joint planning 

9 and design of the school’s programs, the school may 

10 use that process, if such process includes an ade11 quate representation of parents of participating chil12 dren; 

13 ‘‘(4) provide parents of participating children— 

14 ‘‘(A) timely information about programs 

15 under this part; 

16 ‘‘(B) a description and explanation of the 

17 curriculum in use at the school, the forms of 

18 academic assessment used to measure student 

19 progress, the proficiency levels students are ex20 pected to meet, and the reasons for the school’s 

21 identification under section 1116; and 

22 ‘‘(C) if requested by parents, opportunities 

23 for regular meetings to formulate suggestions 

24 and to participate, as appropriate, in decisions 

25 relating to the education of their children and 


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1 plans for improvement, and respond to any 

2 such suggestions as soon as practicably pos3 sible; and 

4 ‘‘(5) if the schoolwide program plan under sec5 tion 1114(b)(2) is not satisfactory to the parents of 

6 participating children, submit any parent comments 

7 on the plan when the school makes the plan avail8 able to the local educational agency. 

9 ‘‘(d) SHARED RESPONSIBILITIES FOR HIGH STU10 DENT ACADEMIC ACHIEVEMENT.—As a component of the 

11 school-level parental involvement policy developed under 

12 subsection (b), each school served under this part shall 

13 jointly develop with parents for all children served under 

14 this part a school-parent compact that outlines how par15 ents, the entire school staff, and students will share the 

16 responsibility for improved student academic achievement 

17 and the means by which the school and parents will build 

18 and develop a partnership to help children achieve the 

19 State’s high standards. Such compact shall— 

20 ‘‘(1) describe the school’s responsibility to pro21 vide high-quality curriculum and instruction in a 

22 supportive and effective learning environment that 

23 enables the children served under this part to meet 

24 the State’s student academic achievement standards, 

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1 sible for supporting their children’s learning, such as 

2 monitoring attendance, homework completion, and 

3 television watching; volunteering in their child’s 

4 classroom; and participating, as appropriate, in deci5 sions relating to the education of their children and 

6 positive use of extracurricular time; and 

7 ‘‘(2) address the importance of communication 

8 between teachers and parents on an ongoing basis 

9 through, at a minimum— 

10 ‘‘(A) parent-teacher conferences in elemen11 tary schools, at least annually, during which the 

12 compact shall be discussed as the compact re13 lates to the individual child’s achievement; 

14 ‘‘(B) frequent reports to parents on their 

15 children’s progress; and 

16 ‘‘(C) reasonable access to staff, opportuni17 ties to volunteer and participate in their child’s 

18 class, and observation of classroom activities. 

19 ‘‘(e) BUILDING CAPACITY FOR INVOLVEMENT.—To 

20 ensure effective involvement of parents and to support a 

21 partnership among the school involved, parents, and the 

22 community to improve student academic achievement, 

23 each school and local educational agency assisted under 

24 this part— 


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1 ‘‘(1) shall provide assistance to parents of chil2 dren served by the school or local educational agen3 cy, as appropriate, in understanding such topics as 

4 the State’s academic content standards and State 

5 student academic achievement standards, State and 

6 local academic assessments, the requirements of this 

7 part, and how to monitor a child’s progress and 

8 work with educators to improve the achievement of 

9 their children; 

10 ‘‘(2) shall provide materials and training to 

11 help parents to work with their children to improve 

12 their children’s achievement, such as literacy train13 ing and using technology, as appropriate, to foster 

14 parental involvement; 

15 ‘‘(3) shall educate teachers, pupil services per16 sonnel, principals, and other staff, with the assist17 ance of parents, in the value and utility of contribu18 tions of parents, and in how to reach out to, commu19 nicate with, and work with parents as equal part20 ners, implement and coordinate parent programs, 

21 and build ties between parents and the school; 

22 ‘‘(4) shall, to the extent feasible and appro23 priate, coordinate and integrate parent involvement 

24 programs and activities with Head Start, the Home 

25 Instruction Programs for Preschool Youngsters, the 


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1 Parents as Teachers Program, public preschool and 

2 other programs, and conduct other activities, such as 

3 parent resource centers, that encourage and support 

4 parents in more fully participating in the education 

5 of their children; 

6 ‘‘(5) shall ensure that information related to 

7 school and parent programs, meetings, and other ac8 tivities is sent to the parents of participating chil9 dren in a format and, to the extent practicable, in 

10 a language the parents can understand; 

11 ‘‘(6) may involve parents in the development of 

12 training for teachers, principals, and other educators 

13 to improve the effectiveness of such training; 

14 ‘‘(7) may provide necessary literacy training 

15 from funds received under this part if the local edu16 cational agency has exhausted all other reasonably 

17 available sources of funding for such training; 

18 ‘‘(8) may pay reasonable and necessary ex19 penses associated with local parental involvement ac20 tivities, including transportation and child care 

21 costs, to enable parents to participate in school-re22 lated meetings and training sessions; 

23 ‘‘(9) may train parents to enhance the involve24 ment of other parents; 


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1 ‘‘(10) may arrange school meetings at a variety 

2 of times, or conduct in-home conferences between 

3 teachers or other educators, who work directly with 

4 participating children, with parents who are unable 

5 to attend such conferences at school, in order to 

6 maximize parental involvement and participation; 

7 ‘‘(11) may adopt and implement model ap8 proaches to improving parental involvement; 

9 ‘‘(12) may establish a districtwide parent advi10 sory council to provide advice on all matters related 

11 to parental involvement in programs supported 

12 under this section; 

13 ‘‘(13) may develop appropriate roles for com14 munity-based organizations and businesses in parent 

15 involvement activities; 

16 ‘‘(14) shall provide such other reasonable sup17 port for parental involvement activities under this 

18 section as parents may request; 

19 ‘‘(15) may provide, in consultation with Indian 

20 tribes and Native organizations whose members are 

21 enrolled in the school, information about culture22 based education in use in the school; and 

23 ‘‘(16) shall, in consultation with Indian tribes 

24 and parents of Indian, Alaska Native, and Native 

25 Hawaiian children who are served by any school in 


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1 the local educational agency, establish mechanisms 

2 to overcome barriers to effective Indian, Alaska Na3 tive, and Native Hawaiian parental involvement. 

4 ‘‘(f) ACCESSIBILITY.—In carrying out the parental 

5 involvement requirements of this part, local educational 

6 agencies and schools, to the extent practicable, shall pro7 vide full opportunities for the participation of parents with 

8 limited English proficiency, parents with disabilities, par9 ents of American Indian, Alaska Native, or Native Hawai10 ian children, and parents of migratory children, including 

11 providing information and school reports required under 

12 section 1111 in a format and, to the extent practicable, 

13 in a language such parents understand. 

14 ‘‘(g) INFORMATION FROM PARENTAL INFORMATION

15 AND RESOURCE CENTERS.—In a State where a parental 

16 information and resource center is established to provide 

17 training, information, and support to parents and individ18 uals who work with local parents, local educational agen19 cies, and schools receiving assistance under this part, each 

20 local educational agency or school that receives assistance 

21 under this part and is located in the State shall assist 

22 parents and parental organizations by informing such par23 ents and organizations of the existence and purpose of 

24 such centers. 


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1 ‘‘(h) REVIEW.—The State educational agency shall 

2 review the local educational agency’s parental involvement 

3 policies and practices to determine if the policies and prac4 tices meet the requirements of this section. 

5 ‘‘SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARA6 PROFESSIONALS. 

7 ‘‘(a) TEACHER QUALIFICATIONS AND MEASURABLE

8 OBJECTIVES.— 

9 ‘‘(1) IN GENERAL.—Not later than 1 year after 

10 the date of enactment of the Educational Account11 ability and State Flexibility Act of 2013, each local 

12 educational agency receiving assistance under this 

13 part shall ensure that all teachers hired after such 

14 day and teaching in a program supported with funds 

15 under this part are highly effective. 

16 ‘‘(2) STATE PLAN.—As part of the plan de17 scribed in section 1111, each State educational 

18 agency receiving assistance under this part shall de19 velop a plan to ensure that all teachers teaching in 

20 core academic subjects within the State are highly 

21 effective not later than the end of the 2014-2015 

22 school year. Such plan shall establish annual meas23 urable objectives for each local educational agency 

24 and school that, at a minimum— 


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1 ‘‘(A) shall include an annual increase in 

2 the percentage of highly effective teachers at 

3 each local educational agency and school, to en4 sure that all teachers teaching in core academic 

5 subjects in each public elementary school and 

6 secondary school are highly effective not later 

7 than the end of the 2014-2015 school year; 

8 ‘‘(B) shall include an annual increase in 

9 the percentage of teachers who are receiving 

10 high-quality professional development to enable 

11 such teachers to become highly effective and 

12 successful classroom teachers; and 

13 ‘‘(C) may include such other measures as 

14 the State educational agency determines to be 

15 appropriate to increase teacher qualifications. 

16 ‘‘(3) LOCAL PLAN.—As part of the plan de17 scribed in section 1112, each local educational agen18 cy receiving assistance under this part shall develop 

19 a plan to ensure that all teachers teaching within 

20 the school district served by the local educational 

21 agency are highly effective not later than the end of 

22 the 2005–2006 school year. 

23 ‘‘(4) DEFINITION OF HIGHLY EFFECTIVE.— 

24 Notwithstanding any other provision of law, the 

25 State education agency shall, in consultation with 


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1 local educational agencies, teachers, principals, In2 dian tribes and Native organizations that may be 

3 present in the State, parents, and the community, 

4 define ‘highly effective’ for purposes of this section 

5 to include standards for certification, knowledge of 

6 subject matter being taught, and competency in as7 sisting students to meet or make satisfactory 

8 progress toward meeting State standards. 

9 ‘‘(b) REPORTS.— 

10 ‘‘(1) ANNUAL STATE AND LOCAL REPORTS.— 

11 ‘‘(A) LOCAL REPORTS.—Each State edu12 cational agency described in subsection (a)(2) 

13 shall require each local educational agency re14 ceiving funds under this part to publicly report, 

15 each year, beginning with the 2014-2015 school 

16 year, the annual progress of the local edu17 cational agency as a whole and of each of the 

18 schools served by the agency, in meeting the 

19 measurable objectives described in subsection 

20 (a)(2). 

21 ‘‘(B) STATE REPORTS.—Each State edu22 cational agency receiving assistance under this 

23 part shall prepare and submit each year, begin24 ning with the 2014-2015 school year, a report 

25 to the Secretary, describing the State eduVerDate Mar 15 2010 04:06 Jun 08, 2013 Jkt 029200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\S1110.IS S1110

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1 cational agency’s progress in meeting the meas2 urable objectives described in subsection (a)(2). 

3 ‘‘(C) INFORMATION FROM OTHER RE4 PORTS.—A State educational agency or local 

5 educational agency may submit information 

6 from the reports described in section 1111(h) 

7 for the purposes of this subsection, if such re8 port is modified, as may be necessary, to con9 tain the information required by this sub10 section, and may submit such information as a 

11 part of the reports required under section 

12 1111(h). 

13 ‘‘(2) ANNUAL REPORTS BY THE SECRETARY.— 

14 Each year, beginning with the 2015-2016 school 

15 year, the Secretary shall publicly report the annual 

16 progress of State educational agencies, local edu17 cational agencies, and schools, in meeting the meas18 urable objectives described in subsection (a)(2). 

19 ‘‘(c) PARAPROFESSIONALS.— 

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

21 agency receiving assistance under this part shall en22 sure that all paraprofessionals hired in the school 

23 year after the date of enactment of the Educational 

24 Accountability and State Flexibility Act of 2013 and 

25 working in a program supported with funds under 


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1 this part shall have met State standards regarding 

2 certification or licensure, knowledge of subject mat3 ter being taught, and competency in assisting stu4 dents to meet or make satisfactory progress toward 

5 meeting State standards. 

6 ‘‘(2) CLARIFICATION.—The receipt of a sec7 ondary school diploma (or its recognized equivalent) 

8 shall be necessary but not sufficient to satisfy the 

9 requirements of paragraph (1). 

10 ‘‘(d) EXCEPTIONS.—Subsection (c) shall not apply 

11 to— 

12 ‘‘(1) a paraprofessional who is proficient in 

13 English and a language other than English and who 

14 provides services primarily to enhance the participa15 tion of children in programs under this part by act16 ing as a translator; 

17 ‘‘(2) a paraprofessional whose duties consist 

18 solely of conducting parental involvement activities 

19 consistent with section 1118; 

20 ‘‘(3) teachers of American Indian, Alaska Na21 tive, or Native Hawaiian language or culture, wheth22 er the teacher is teaching on a permanent, part23 time, or occasional basis, except that a State may 

24 require that a local Indian tribe or tribal organiza25 tion, as defined in section 4 of the Indian Self-DeVerDate Mar 15 2010 04:06 Jun 08, 2013 Jkt 029200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\S1110.IS S1110

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1 termination and Education Assistance Act (25 

2 U.S.C. 450b), verify the competency of a public 

3 school teacher of American Indian, Alaska Native, or 

4 Native Hawaiian language or culture to teach such 

5 subject, to the chief administrative officer of the 

6 local educational agency or the chief State school of7 ficer; and 

8 ‘‘(4) a Native elder or other authority on Amer9 ican Indian, Alaska Native, or Native Hawaiian his10 tory who provides instruction in such subject on a 

11 periodic or 1-time basis, except that a State may re12 quire that a local Indian tribe or tribal organization, 

13 as defined in section 4 of the Indian Self-Determina14 tion and Education Assistance Act (25 U.S.C. 

15 450b), verify the competency of the instructor de16 scribed in subparagraph (A) of American Indian, 

17 Alaska Native, or Native Hawaiian history to teach 

18 such subject, to the chief administrative officer of 

19 the local educational agency or the chief State school 

20 officer. 

21 ‘‘(e) DUTIES OF PARAPROFESSIONALS.— 

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

23 agency receiving assistance under this part shall en24 sure that a paraprofessional working in a program 


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1 supported with funds under this part is not assigned 

2 a duty inconsistent with this subsection. 

3 ‘‘(2) 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 (3). 

22 ‘‘(3) ADDITIONAL LIMITATIONS.—A paraprofes23 sional described in paragraph (1)— 

24 ‘‘(A) may not provide any instructional 

25 service to a student unless the paraprofessional 


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1 is working under the direct supervision of a 

2 teacher consistent with section 1119; and 

3 ‘‘(B) may assume limited duties that are 

4 assigned to similar personnel who are not work5 ing in a program supported with funds under 

6 this part, including duties beyond classroom in7 struction or that do not benefit participating 

8 children, so long as the amount of time spent 

9 on such duties is the same proportion of total 

10 work time as prevails with respect to similar 

11 personnel at the same school. 

12 ‘‘(f) USE OF FUNDS.—A local educational agency re13 ceiving funds under this part may use such funds to sup14 port ongoing training and professional development to as15 sist teachers and paraprofessionals in satisfying the re16 quirements of this section. 

17 ‘‘(g) VERIFICATION OF COMPLIANCE.— 

18 ‘‘(1) IN GENERAL.—In verifying compliance 

19 with this section, each local educational agency, at 

20 a minimum, shall require that the principal of each 

21 school operating a program under section 1114 or 

22 1115 attest annually in writing as to whether such 

23 school is in compliance with the requirements of this 

24 section. 


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1 ‘‘(2) AVAILABILITY OF INFORMATION.—Copies 

2 of attestations under paragraph (1)— 

3 ‘‘(A) shall be maintained at each school op4 erating a program under section 1114 or 1115 

5 and at the main office of the local educational 

6 agency; and 

7 ‘‘(B) shall be available to any member of 

8 the general public on request. 

9 ‘‘(h) COMBINATIONS OF FUNDS.—Funds provided 

10 under this part that are used for professional development 

11 purposes may be combined with funds provided under title 

12 II of this Act, other Acts, and other sources. 

13 ‘‘(i) SPECIAL RULE.—Except as provided in sub14 section (j), no State educational agency shall require a 

15 school or a local educational agency to expend a specific 

16 amount of funds for professional development activities 

17 under this part. 

18 ‘‘(j) MINIMUM EXPENDITURES.—Each local edu19 cational agency that receives funds under this part shall 

20 use not less than 5 percent, or more than 10 percent, of 

21 such funds for each of fiscal years 2012 and 2013, and 

22 not less than 5 percent of the funds for each subsequent 

23 fiscal year, for professional development activities to en24 sure that teachers who are not highly effective become 


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1 highly effective not later than the end of the 2017–2018 

2 school year.’’. 

3 SEC. 3. CONFORMING AMENDMENTS. 

4 (a) IN GENERAL.—The Elementary and Secondary 

5 Education Act of 1965 (20 U.S.C. 6301 et seq.) is further 

6 amended— 

7 (1) by repealing subparts 1, 2, and 3 of part B 

8 of title I; and 

9 (2) in section 9101, by striking paragraph (23). 

10 (b) REPLACEMENT OF DEFINITIONS.—Notwith11 standing any other provision of law— 

12 (1) any reference in the Elementary and Sec13 ondary Education Act of 1965 to highly qualified 

14 shall be deemed to refer to highly effective, as deter15 mined by the State in accordance with section 

16 1119(a)(4) of such Act, as amended by this Act; and 

17 (2) any reference in the Elementary and Sec18 ondary Education Act of 1965 to making adequate 

19 yearly progress shall be deemed to refer to meeting, 

20 or making satisfactory progress toward meeting, 

21 State standards, as described in section 1111(b)(2) 

22 of such Act, as amended by this Act. 

Æ 


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