In the House of Representatives, U. S., 

November 17, 2015. 

Resolved, That the bill from the Senate (S. 1177) entitled ‘‘An Act to reauthorize the Elementary and Secondary 

Education Act of 1965 to ensure that every child achieves.’’, 

do pass with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Student Success Act’’. 

3 SEC. 2. TABLE OF CONTENTS. 

4 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Transition. 

Sec. 5. Effective dates. 

Sec. 6. Authorization of appropriations. 

Sec. 7. Sense of the Congress. 

TITLE I—AID TO LOCAL EDUCATIONAL AGENCIES 

Subtitle A—In General 

Sec. 101. Title heading. 

Sec. 102. Statement of purpose. 

Sec. 103. Flexibility to use Federal funds. 

Sec. 104. School improvement. 

Sec. 105. Direct student services. 

Sec. 106. State administration. 

Subtitle B—Improving the Academic Achievement of the Disadvantaged 

Sec. 111. Part A headings. 

Sec. 112. State plans. 

Sec. 113. Local educational agency plans. 

Sec. 114. Eligible school attendance areas. 
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Sec. 115. Schoolwide programs. 

Sec. 116. Targeted assistance schools. 

Sec. 117. Academic assessment and local educational agency and school improvement; school support and recognition. 

Sec. 118. Parental involvement. 

Sec. 119. Qualifications for paraprofessionals. 

Sec. 120. Participation of children enrolled in private schools. 

Sec. 121. Fiscal requirements. 

Sec. 122. Coordination requirements. 

Sec. 123. Grants for the outlying areas and the Secretary of the Interior. 

Sec. 124. Allocations to States. 

Sec. 125. Basic grants to local educational agencies. 

Sec. 126. Targeted grants to local educational agencies. 

Sec. 127. Adequacy of funding to local educational agencies in fiscal years after 

fiscal year 2001. 

Sec. 128. Education finance incentive grant program. 

Sec. 129. Carryover and waiver. 

Sec. 130. Title I portability. 

Subtitle C—Additional Aid to States and School Districts 

Sec. 131. Additional aid. 

Subtitle D—National Assessment 

Sec. 141. National assessment of title I. 

Subtitle E—Title I General Provisions 

Sec. 151. General provisions for title I. 

TITLE II—TEACHER PREPARATION AND EFFECTIVENESS 

Sec. 201. Teacher preparation and effectiveness. 

Sec. 202. Conforming repeals. 

TITLE III—PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY 

Sec. 301. Parental engagement and local flexibility. 

TITLE IV—IMPACT AID 

Sec. 401. Purpose. 

Sec. 402. Payments relating to Federal acquisition of real property. 

Sec. 403. Payments for eligible federally connected children. 

Sec. 404. Policies and procedures relating to children residing on Indian lands. 

Sec. 405. Application for payments under sections 8002 and 8003. 

Sec. 406. Construction. 

Sec. 407. Facilities. 

Sec. 408. State consideration of payments providing State aid. 

Sec. 409. Federal administration. 

Sec. 410. Administrative hearings and judicial review. 

Sec. 411. Definitions. 

Sec. 412. Authorization of appropriations. 
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Sec. 413. Conforming amendments. 

TITLE V—THE FEDERAL GOVERNMENT’S TRUST RESPONSIBILITY 

TO AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN 

EDUCATION 

Sec. 501. The Federal Government’s Trust Responsibility to American Indian, 

Alaska Native, and Native Hawaiian Education. 

TITLE VI—GENERAL PROVISIONS FOR THE ACT 

Sec. 601. General provisions for the Act. 

Sec. 602. Repeal. 

Sec. 603. Other laws. 

Sec. 604. Amendment to IDEA. 

TITLE VII—HOMELESS EDUCATION 

Sec. 701. Statement of policy. 

Sec. 702. Grants for State and local activities for the education of homeless children and youths. 

Sec. 703. Local educational agency subgrants for the education of homeless children and youths. 

Sec. 704. Secretarial responsibilities. 

Sec. 705. Definitions. 

Sec. 706. Authorization of appropriations. 

TITLE VIII—MISCELLANEOUS PROVISIONS 

Sec. 801. Findings; Sense of the Congress. 

Sec. 802. Preventing improper use of taxpayer funds. 

Sec. 803. Accountability to taxpayers through monitoring and oversight. 

Sec. 804. Prohibition of using education funds for excess payments to certain retirement or pension systems. 

Sec. 805. Sense of Congress on the free exercise of religion. 

TITLE IX—SCHOOLS OF THE FUTURE ACT 

Sec. 901. Short title. 

Sec. 902. Findings. 

Sec. 903. Program authorized. 

Sec. 904. Application. 

Sec. 905. Application review and award basis. 

Sec. 906. Use of funds. 

Sec. 907. Data collection and evaluation. 

Sec. 908. Definitions. 

1 SEC. 3. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms of 

4 an amendment to, or repeal of, a section or other provision, 

5 the reference shall be considered to be made to a section or 
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1 other provision of the Elementary and Secondary Edu2 cation Act of 1965 (20 U.S.C. 6301 et seq.). 

3 SEC. 4. TRANSITION. 

4 Unless otherwise provided in this Act, any person or 

5 agency that was awarded a grant under the Elementary 

6 and Secondary Education Act of 1965 (20 U.S.C. 6301 et 

7 seq.) prior to the date of the enactment of this Act shall 

8 continue to receive funds in accordance with the terms of 

9 such award, except that funds for such award may not con10 tinue more than one year after the date of the enactment 

11 of this Act. 

12 SEC. 5. EFFECTIVE DATES. 

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

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

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

16 (b) NONCOMPETITIVE PROGRAMS.—With respect to 

17 noncompetitive programs under which any funds are allot18 ted by the Secretary of Education to recipients on the basis 

19 of a formula, this Act, and the amendments made by this 

20 Act, shall take effect on October 1, 2015. 

21 (c) COMPETITIVE PROGRAMS.—With respect to pro22 grams that are conducted by the Secretary on a competitive 

23 basis, this Act, and the amendments made by this Act, shall 

24 take effect with respect to appropriations for use under those 

25 programs for fiscal year 2016. 
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1 (d) IMPACT AID.—With respect to title IV of the Act 

2 (20 U.S.C. 7701 et seq.) (Impact Aid), this Act, and the 

3 amendments made by this Act, shall take effect with respect 

4 to appropriations for use under that title for fiscal year 

5 2016. 

6 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

7 The Act (20 U.S.C. 6301 et seq.) is amended by insert8 ing after section 2 the following: 

9 ‘‘SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 

10 ‘‘(a) TITLE I.— 

11 ‘‘(1) PART A.—There are authorized to be appro12 priated to carry out part A of title I $16,245,163,000 

13 for each of fiscal years 2016 through 2019. 

14 ‘‘(2) PART B.—There are authorized to be appro15 priated to carry out part B of title I $710,000 for 

16 each of fiscal years 2016 through 2019. 

17 ‘‘(b) TITLE II.—There are authorized to be appro18 priated to carry out title II $2,788,356,000 for each of fiscal 

19 years 2016 through 2021. 

20 ‘‘(c) TITLE III.— 

21 ‘‘(1) PART A.— 

22 ‘‘(A) SUBPART 1.—There are authorized to 

23 be appropriated to carry out subpart 1 of part 

24 A of title III $300,000,000 for each of fiscal 

25 years 2016 through 2019. 
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1 ‘‘(B) SUBPART 2.—There are authorized to 

2 be appropriated to carry out subpart 2 of part 

3 A of title III $91,647,000 for each of fiscal years 

4 2016 through 2019. 

5 ‘‘(C) SUBPART 3.—There are authorized to 

6 be appropriated to carry out subpart 3 of part 

7 A of title III $25,000,000 for each of fiscal years 

8 2016 through 2019. 

9 ‘‘(2) PART B.—There are authorized to be appro10 priated to carry out part B of title III $2,302,287,000 

11 for each of fiscal years 2016 through 2019. 

12 ‘‘(d) TITLE IV.— 

13 ‘‘(1) PAYMENTS FOR FEDERAL ACQUISITION OF

14 REAL PROPERTY.—For the purpose of making pay15 ments under section 4002, there are authorized to be 

16 appropriated $66,813,000 for each of fiscal years 

17 2016 through 2019. 

18 ‘‘(2) BASIC PAYMENTS; PAYMENTS FOR HEAVILY

19 IMPACTED LOCAL EDUCATIONAL AGENCIES.—For the 

20 purpose of making payments under section 4003(b), 

21 there are authorized to be appropriated 

22 $1,151,233,000 for each of fiscal years 2016 through 

23 2019. 

24 ‘‘(3) PAYMENTS FOR CHILDREN WITH DISABIL25 ITIES.—For the purpose of making payments under 
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1 section 4003(d), there are authorized to be appro2 priated $48,316,000 for each of fiscal years 2016 

3 through 2019. 

4 ‘‘(4) CONSTRUCTION.—For the purpose of car5 rying out section 4007, there are authorized to be ap6 propriated $17,406,000 for each of fiscal years 2016 

7 through 2019. 

8 ‘‘(5) FACILITIES MAINTENANCE.—For the pur9 pose of carrying out section 4008, there are author10 ized to be appropriated $4,835,000 for each of fiscal 

11 years 2016 through 2019.’’. 

12 SEC. 7. SENSE OF THE CONGRESS. 

13 (a) FINDINGS.—The Congress finds as follows: 

14 (1) The Elementary and Secondary Education 

15 Act prohibits the Federal Government from man16 dating, directing, or controlling a State, local edu17 cational agency, or school’s curriculum, program of 

18 instruction, or allocation of State and local resources, 

19 and from mandating a State or any subdivision 

20 thereof to spend any funds or incur any costs not 

21 paid for under such Act. 

22 (2) The Elementary and Secondary Education 

23 Act prohibits the Federal Government from funding 

24 the development, pilot testing, field testing, implemen25 tation, administration, or distribution of any feder-
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1 ally sponsored national test in reading, mathematics, 

2 or any other subject, unless specifically and explicitly 

3 authorized by law. 

4 (3) The Secretary of Education, through 3 sepa5 rate initiatives, has created a system of waivers and 

6 grants that influence, incentivize, and coerce State 

7 educational agencies into implementing common na8 tional elementary and secondary standards and as9 sessments endorsed by the Secretary. 

10 (4) The Race to the Top Fund encouraged and 

11 incentivized States to adopt Common Core State 

12 Standards developed by the National Governor’s Asso13 ciation Center for Best Practices and the Council of 

14 Chief State School Officers. 

15 (5) The Race to the Top Assessment grants 

16 awarded to the Partnership for the Assessment of 

17 Readiness for College and Careers (PARCC) and 

18 SMARTER Balanced Assessment Consortium 

19 (SMARTER Balance) initiated the development of 

20 Common Core State Standards aligned assessments 

21 that will, in turn, inform and ultimately influence 

22 kindergarten through 12th-grade curriculum and in23 structional materials. 

24 (6) The conditional Elementary and Secondary 

25 Education Act flexibility waiver authority employed 
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1 by the Department of Education coerced States into 

2 accepting Common Core State Standards and aligned 

3 assessments. 

4 (b) SENSE OF THE CONGRESS.—It is the sense of the 

5 Congress that States and local educational agencies retain 

6 the rights and responsibilities of determining educational 

7 curriculum, programs of instruction, and assessments for 

8 elementary and secondary education. 

9 TITLE I—AID TO LOCAL 

10 EDUCATIONAL AGENCIES 

11 Subtitle A—In General 

12 SEC. 101. TITLE HEADING. 

13 The title heading for title I (20 U.S.C. 6301 et seq.) 

14 is amended to read as follows: 

15 ‘‘TITLE I—AID TO LOCAL 

16 EDUCATIONAL AGENCIES’’. 

17 SEC. 102. STATEMENT OF PURPOSE. 

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

19 follows: 

20 ‘‘SEC. 1001. STATEMENT OF PURPOSE. 

21 ‘‘The purpose of this title is to provide all children the 

22 opportunity to graduate high school prepared for postsec23 ondary education or the workforce. This purpose can be ac24 complished by— 
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1 ‘‘(1) meeting the educational needs of low-achiev2 ing children in our Nation’s highest-poverty schools, 

3 English learners, migratory children, children with 

4 disabilities, Indian children, and neglected or delin5 quent children; 

6 ‘‘(2) closing the achievement gap between high7 and low-performing children, especially the achieve8 ment gaps between minority and nonminority stu9 dents, and between disadvantaged children and their 

10 more advantaged peers; 

11 ‘‘(3) affording parents substantial and meaning12 ful opportunities to participate in the education of 

13 their children; and 

14 ‘‘(4) challenging States and local educational 

15 agencies to embrace meaningful, evidence-based edu16 cation reform, while encouraging state and local inno17 vation.’’. 

18 SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS. 

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

20 follows: 

21 ‘‘SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS. 

22 ‘‘(a) ALTERNATIVE USES OF FEDERAL FUNDS FOR

23 STATE EDUCATIONAL AGENCIES.— 

24 ‘‘(1) IN GENERAL.—Subject to subsections (c) 

25 and (d) and notwithstanding any other provision of 
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1 law, a State educational agency may use the applica2 ble funding that the agency receives for a fiscal year 

3 to carry out any State activity authorized or required 

4 under one or more of the following provisions: 

5 ‘‘(A) Section 1003. 

6 ‘‘(B) Section 1004. 

7 ‘‘(C) Subpart 2 of part A of title I. 

8 ‘‘(D) Subpart 3 of part A of title I. 

9 ‘‘(E) Subpart 4 of part A of title I. 

10 ‘‘(2) NOTIFICATION.—Not later than June 1 of 

11 each year, a State educational agency shall notify the 

12 Secretary of the State educational agency’s intention 

13 to use the applicable funding for any of the alter14 native uses under paragraph (1). 

15 ‘‘(3) APPLICABLE FUNDING DEFINED.— 

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

17 subparagraph (B), in this subsection, the term 

18 ‘applicable funding’ means funds provided to 

19 carry out State activities under one or more of 

20 the following provisions: 

21 ‘‘(i) Section 1003. 

22 ‘‘(ii) Section 1004. 

23 ‘‘(iii) Subpart 2 of part A of title I. 

24 ‘‘(iv) Subpart 3 of part A of title I. 

25 ‘‘(v) Subpart 4 of part A of title I. 
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1 ‘‘(B) LIMITATION.—In this subsection, the 

2 term ‘applicable funding’ does not include funds 

3 provided under any of the provisions listed in 

4 subparagraph (A) that State educational agen5 cies are required by this Act— 

6 ‘‘(i) to reserve, allocate, or spend for 

7 required activities; 

8 ‘‘(ii) to allocate, allot, or award to 

9 local educational agencies or other entities 

10 eligible to receive such funds; or 

11 ‘‘(iii) to use for technical assistance or 

12 monitoring. 

13 ‘‘(4) DISBURSEMENT.—The Secretary shall dis14 burse the applicable funding to State educational 

15 agencies for alternative uses under paragraph (1) for 

16 a fiscal year at the same time as the Secretary dis17 burses the applicable funding to State educational 

18 agencies that do not intend to use the applicable 

19 funding for such alternative uses for the fiscal year. 

20 ‘‘(b) ALTERNATIVE USES OF FEDERAL FUNDS FOR

21 LOCAL EDUCATIONAL AGENCIES.— 

22 ‘‘(1) IN GENERAL.—Subject to subsections (c) 

23 and (d) and notwithstanding any other provision of 

24 law, a local educational agency may use the applica25 ble funding that the agency receives for a fiscal year 
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1 to carry out any local activity authorized or required 

2 under one or more of the following provisions: 

3 ‘‘(A) Section 1003. 

4 ‘‘(B) Subpart 1 of part A of title I. 

5 ‘‘(C) Subpart 2 of part A of title I. 

6 ‘‘(D) Subpart 3 of part A of title I. 

7 ‘‘(E) Subpart 4 of part A of title I. 

8 ‘‘(2) NOTIFICATION.—A local educational agency 

9 shall notify the State educational agency of the local 

10 educational agency’s intention to use the applicable 

11 funding for any of the alternative uses under para12 graph (1) by a date that is established by the State 

13 educational agency for the notification. 

14 ‘‘(3) APPLICABLE FUNDING DEFINED.— 

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

16 subparagraph (B), in this subsection, the term 

17 ‘applicable funding’ means funds provided to 

18 carry out local activities under one or more of 

19 the following provisions: 

20 ‘‘(i) Subpart 2 of part A of title I. 

21 ‘‘(ii) Subpart 3 of part A of title I. 

22 ‘‘(iii) Subpart 4 of part A of title I. 

23 ‘‘(B) LIMITATION.—In this subsection, the 

24 term ‘applicable funding’ does not include funds 

25 provided under any of the provisions listed in 
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1 subparagraph (A) that local educational agencies 

2 are required by this Act— 

3 ‘‘(i) to reserve, allocate, or spend for 

4 required activities; 

5 ‘‘(ii) to allocate, allot, or award to en6 tities eligible to receive such funds; or 

7 ‘‘(iii) to use for technical assistance or 

8 monitoring. 

9 ‘‘(4) DISBURSEMENT.—Each State educational 

10 agency that receives applicable funding for a fiscal 

11 year shall disburse the applicable funding to local 

12 educational agencies for alternative uses under para13 graph (1) for the fiscal year at the same time as the 

14 State educational agency disburses the applicable 

15 funding to local educational agencies that do not in16 tend to use the applicable funding for such alternative 

17 uses for the fiscal year. 

18 ‘‘(c) RULE FOR ADMINISTRATIVE COSTS.—A State 

19 educational agency or a local educational agency shall only 

20 use applicable funding (as defined in subsection (a)(3) or 

21 (b)(3), respectively) for administrative costs incurred in 

22 carrying out a provision listed in subsection (a)(1) or 

23 (b)(1), respectively, to the extent that the agency, in the ab24 sence of this section, could have used funds for administra-
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1 tive costs with respect to a program listed in subsection 

2 (a)(3) or (b)(3), respectively. 

3 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed to relieve a State educational agency 

5 or local educational agency of any requirements relating 

6 to— 

7 ‘‘(1) use of Federal funds to supplement, not sup8 plant, non-Federal funds; 

9 ‘‘(2) comparability of services; 

10 ‘‘(3) equitable participation of private school stu11 dents and teachers; 

12 ‘‘(4) applicable civil rights requirements; 

13 ‘‘(5) section 1113; or 

14 ‘‘(6) section 1111.’’. 

15 SEC. 104. SCHOOL IMPROVEMENT. 

16 Section 1003 (20 U.S.C. 6303) is amended— 

17 (1) in subsection (a)— 

18 (A) by striking ‘‘2 percent’’ and inserting 

19 ‘‘7 percent’’; and 

20 (B) by striking ‘‘subpart 2 of part A’’ and 

21 all that follows through ‘‘sections 1116 and 

22 1117,’’ and inserting ‘‘chapter B of subpart 1 of 

23 part A for each fiscal year to carry out sub24 section (b),’’; 

25 (2) in subsection (b)— 
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1 (A) in paragraph (1), by striking ‘‘for 

2 schools identified for school improvement, correc3 tive action, and restructuring, for activities 

4 under section 1116(b)’’ and inserting ‘‘to carry 

5 out the State’s system of school improvement 

6 under section 1111(b)(3)(B)(iii)’’; and 

7 (B) in paragraph (2), by striking ‘‘or edu8 cational service agencies’’ and inserting ‘‘, edu9 cational service agencies, or non-profit or for10 profit external providers with expertise in using 

11 evidence-based or other effective strategies to im12 prove student achievement’’; 

13 (3) in subsection (c)— 

14 (A) in paragraph (1), by inserting ‘‘and’’ at 

15 the end; 

16 (B) in paragraph (2), by striking ‘‘need for 

17 such funds; and’’ and inserting ‘‘commitment to 

18 using such funds to improve such schools.’’; and 

19 (C) by striking paragraph (3); 

20 (4) in subsection (d)(1), by striking ‘‘subpart 2 

21 of part A;’’ and inserting ‘‘chapter B of subpart 1 of 

22 part A;’’; 

23 (5) in subsection (e)— 
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1 (A) by striking ‘‘in any fiscal year’’ and in2 serting ‘‘in fiscal year 2016 and each subsequent 

3 fiscal year’’; 

4 (B) by striking ‘‘subpart 2’’ and inserting 

5 ‘‘chapter B of subpart 1 of part A’’; and 

6 (C) by striking ‘‘such subpart’’ and insert7 ing ‘‘such chapter’’; 

8 (6) in subsection (f), by striking ‘‘and the per9 centage of students from each school from families 

10 with incomes below the poverty line’’; and 

11 (7) by striking subsection (g). 

12 SEC. 105. DIRECT STUDENT SERVICES. 

13 The Act (20 U.S.C. 6301 et seq.) is amended by insert14 ing after section 1003 the following: 

15 ‘‘SEC. 1003A. DIRECT STUDENT SERVICES. 

16 ‘‘(a) STATE RESERVATION.—Each State shall reserve 

17 3 percent of the amount the State receives under chapter 

18 B of subpart 1 of part A for each fiscal year to carry out 

19 this section. Of such reserved funds, the State educational 

20 agency may use up to 1 percent to administer direct student 

21 services. 

22 ‘‘(b) DIRECT STUDENT SERVICES.—From the amount 

23 available after the application of subsection (a), each State 

24 shall award grants in accordance with this section to local 

25 educational agencies to support direct student services. 
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1 ‘‘(c) AWARDS.—The State educational agency shall 

2 award grants to geographically diverse local educational 

3 agencies including suburban, rural, and urban local edu4 cational agencies. If there are not enough funds to award 

5 all applicants in a sufficient size and scope to run an effec6 tive direct student services program, the State shall 

7 prioritize awards to local educational agencies with the 

8 greatest number of students with disabilities, neglected, de9 linquent, migrant students, English learners, at-risk stu10 dents, and Native Americans, to increase academic achieve11 ment of such students. 

12 ‘‘(d) LOCAL USE OF FUNDS.—A local educational 

13 agency receiving an award under this section— 

14 ‘‘(1) shall use up to 1 percent of each award for 

15 outreach and communication to parents about their 

16 options and to register students for direct student 

17 services; 

18 ‘‘(2) may use not more than 2 percent of each 

19 award for administrative costs related to direct stu20 dent services; and 

21 ‘‘(3) shall use the remainder of the award to pay 

22 the transportation required to provide public school 

23 choice or the hourly rate for high-quality academic 

24 tutoring services, as determined by a provider on the 

25 State-approved list required under subsection (f)(2). 
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1 ‘‘(e) APPLICATION.—A local educational agency desir2 ing to receive an award under subsection (b) shall submit 

3 an application describing how the local educational agency 

4 will— 

5 ‘‘(1) provide adequate outreach to ensure parents 

6 can exercise a meaningful choice of direct student 

7 services for their child’s education; 

8 ‘‘(2) ensure parents have adequate time and in9 formation to make a meaningful choice prior to en10 rolling their child in a direct student service; 

11 ‘‘(3) ensure sufficient availability of seats in the 

12 public schools the local educational agency will make 

13 available for public school choice options; 

14 ‘‘(4) determine the requirements or criteria for 

15 student eligibility for direct student services; 

16 ‘‘(5) select a variety of providers of high-quality 

17 academic tutoring from the State-approved list re18 quired under subsection (f)(2) and ensure fair nego19 tiations in selecting such providers of high-quality 

20 academic tutoring, including online, on campus, and 

21 other models of tutoring which provide meaningful 

22 choices to parents to find the best service for their 

23 child; and 

24 ‘‘(6) develop an estimated per pupil expenditure 

25 available for eligible students to use toward high-qual-
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1 ity academic tutoring which shall allow for an ade2 quate level of services to increase academic achieve3 ment from a variety of high-quality academic tutor4 ing providers. 

5 ‘‘(f) PROVIDERS AND SCHOOLS.—The State— 

6 ‘‘(1) shall ensure that each local educational 

7 agency receiving an award to provide public school 

8 choice can provide a sufficient number of options to 

9 provide a meaningful choice for parents; 

10 ‘‘(2) shall compile a list of State-approved high11 quality academic tutoring providers that includes on12 line, on campus, and other models of tutoring; and 

13 ‘‘(3) shall ensure that each local educational 

14 agency receiving an award will provide an adequate 

15 number of high-quality academic tutoring options to 

16 ensure parents have a meaningful choice of services.’’. 

17 SEC. 106. STATE ADMINISTRATION. 

18 Section 1004 (20 U.S.C. 6304) is amended to read as 

19 follows: 

20 ‘‘SEC. 1004. STATE ADMINISTRATION. 

21 ‘‘(a) IN GENERAL.—Except as provided in subsection 

22 (b), to carry out administrative duties assigned under sub23 parts 1, 2, and 3 of part A of this title, each State may 

24 reserve the greater of— 
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1 ‘‘(1) 1 percent of the amounts received under 

2 such subparts; or 

3 ‘‘(2) $400,000 ($50,000 in the case of each out4 lying area). 

5 ‘‘(b) EXCEPTION.—If the sum of the amounts reserved 

6 under subparts 1, 2, and 3 of part A of this title is equal 

7 to or greater than $14,000,000,000, then the reservation de8 scribed in subsection (a)(1) shall not exceed 1 percent of 

9 the amount the State would receive if $14,000,000,000 were 

10 allocated among the States for subparts 1, 2, and 3 of part 

11 A of this title.’’. 

12 Subtitle B—Improving the Aca13 demic Achievement of the Dis14 advantaged 

15 SEC. 111. PART A HEADINGS. 

16 (a) PART HEADING.—The part heading for part A of 

17 title I (20 U.S.C. 6311 et seq.) is amended to read as fol18 lows: 

19 ‘‘PART A—IMPROVING THE ACADEMIC 

20 ACHIEVEMENT OF THE DISADVANTAGED’’. 

21 (b) SUBPART 1 HEADING.—The Act is amended by 

22 striking the subpart heading for subpart 1 of part A of title 

23 I (20 U.S.C. 6311 et seq.) and inserting the following: 
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1 ‘‘Subpart 1—Improving Basic Programs Operated by 

2 Local Educational Agencies 

3 ‘‘CHAPTER A—BASIC PROGRAM 

4 REQUIREMENTS’’. 

5 (c) SUBPART 2 HEADING.—The Act is amended by 

6 striking the subpart heading for subpart 2 of part A of title 

7 I (20 U.S.C. 6331 et seq.) and inserting the following: 

8 ‘‘CHAPTER B—ALLOCATIONS’’. 

9 SEC. 112. STATE PLANS. 

10 Section 1111 (20 U.S.C. 6311) is amended to read as 

11 follows: 

12 ‘‘SEC. 1111. STATE PLANS. 

13 ‘‘(a) FILING FOR GRANTS.— 

14 ‘‘(1) IN GENERAL.—For any State desiring to re15 ceive a grant under this subpart, the State edu16 cational agency file with the Secretary a plan, devel17 oped by the State educational agency, in consultation 

18 with local educational agencies, teachers, school lead19 ers, public charter school representatives, specialized 

20 instructional support personnel, other appropriate 

21 school personnel, parents, private sector employers, 

22 entrepreneurs, and representatives of Indian tribes lo23 cated in the State, that satisfies the requirements of 

24 this section and that is coordinated with other pro25 grams under this Act, the Individuals with Disabil26 ities Education Act, the Carl D. Perkins Career and 
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1 Technical Education Act of 2006, the Head Start Act, 

2 the Adult Education and Family Literacy Act, and 

3 the McKinney-Vento Homeless Assistance Act. 

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

6 part of a consolidated plan under section 6302. 

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

9 ‘‘(1) ACADEMIC STANDARDS.— 

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

11 demonstrate that the State has adopted academic 

12 content standards and academic achievement 

13 standards aligned with such content standards 

14 that comply with the requirements of this para15 graph. 

16 ‘‘(B) SUBJECTS.—The State shall have such 

17 academic standards for mathematics, reading or 

18 language arts, and science, and may have such 

19 standards for any other subject determined by 

20 the State. 

21 ‘‘(C) REQUIREMENTS.—The standards de22 scribed in subparagraph (A) shall— 

23 ‘‘(i) apply to all public schools and 

24 public school students in the State; and 
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1 ‘‘(ii) with respect to academic achieve2 ment standards, include the same knowl3 edge, skills, and levels of achievement ex4 pected of all public school students in the 

5 State. 

6 ‘‘(D) ALTERNATE ACADEMIC ACHIEVEMENT

7 STANDARDS.—Notwithstanding any other provi8 sion of this paragraph, a State retains the right, 

9 through a documented and validated standards10 setting process, to adopt alternate academic 

11 achievement standards for students with the most 

12 significant cognitive disabilities, if— 

13 ‘‘(i) the determination about whether 

14 the achievement of an individual student 

15 should be measured against such standards 

16 is made separately for each student; and 

17 ‘‘(ii) such standards— 

18 ‘‘(I) are aligned with the State 

19 academic standards required under 

20 subparagraph (A); 

21 ‘‘(II) promote access to the general 

22 curriculum; and 

23 ‘‘(III) reflect professional judg24 ment as to the highest possible stand25 ards achievable by such students. 
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•S 1177 EAH 

1 ‘‘(E) ENGLISH LANGUAGE PROFICIENCY

2 STANDARDS.—Each State plan shall describe 

3 how the State educational agency will establish 

4 English language proficiency standards that 

5 are— 

6 ‘‘(i) derived from the four recognized 

7 domains of speaking, listening, reading, and 

8 writing; and 

9 ‘‘(ii) aligned with the State’s academic 

10 content standards in reading or language 

11 arts under subparagraph (A). 

12 ‘‘(2) ACADEMIC ASSESSMENTS.— 

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

14 demonstrate that the State educational agency, 

15 in consultation with local educational agencies, 

16 has implemented a set of high-quality student 

17 academic assessments in mathematics, reading 

18 or language arts, and science. The State retains 

19 the right to implement such assessments in any 

20 other subject chosen by the State. 

21 ‘‘(B) REQUIREMENTS.—Such assessments 

22 shall— 

23 ‘‘(i) in the case of mathematics and 

24 reading or language arts, be used in deter25 mining the performance of each local edu-
26 

•S 1177 EAH 

1 cational agency and public school in the 

2 State in accordance with the State’s ac3 countability system under paragraph (3); 

4 ‘‘(ii) be the same academic assessments 

5 used to measure the academic achievement 

6 of all public school students in the State; 

7 ‘‘(iii) be aligned with the State’s aca8 demic standards and provide coherent and 

9 timely information about student attain10 ment of such standards; 

11 ‘‘(iv) be used for purposes for which 

12 such assessments are valid and reliable, be 

13 of adequate technical quality for each pur14 pose required under this Act, and be con15 sistent with relevant, nationally recognized 

16 professional and technical standards; 

17 ‘‘(v)(I) in the case of mathematics and 

18 reading or language arts, be administered 

19 in each of grades 3 through 8 and at least 

20 once in grades 9 through 12; 

21 ‘‘(II) in the case of science, be adminis22 tered not less than one time during— 

23 ‘‘(aa) grades 3 through 5; 

24 ‘‘(bb) grades 6 through 9; and 

25 ‘‘(cc) grades 10 through 12; and 
27 

•S 1177 EAH 

1 ‘‘(III) in the case of any other subject 

2 chosen by the State, be administered at the 

3 discretion of the State; 

4 ‘‘(vi) measure individual student aca5 demic proficiency and, at the State’s discre6 tion, growth; 

7 ‘‘(vii) at the State’s discretion— 

8 ‘‘(I) be administered through a 

9 single annual summative assessment; 

10 or 

11 ‘‘(II) be administered through 

12 multiple assessments during the course 

13 of the academic year that result in a 

14 single summative score that provides 

15 valid, reliable, and transparent infor16 mation on student achievement; 

17 ‘‘(viii) include measures that assess 

18 higher-order thinking skills and under19 standing; 

20 ‘‘(ix) provide for— 

21 ‘‘(I) the participation in such as22 sessments of all students; 

23 ‘‘(II) the reasonable adaptations 

24 and accommodations for students with 

25 disabilities necessary to measure the 
28 

•S 1177 EAH 

1 academic achievement of such students 

2 relative to the State’s academic stand3 ards; and 

4 ‘‘(III) the inclusion of English 

5 learners, who shall be assessed in a 

6 valid and reliable manner and pro7 vided reasonable accommodations, in8 cluding, to the extent practicable, as9 sessments in the language and form 

10 most likely to yield accurate and reli11 able information on what such students 

12 know and can do in academic content 

13 areas, until such students have 

14 achieved English language proficiency, 

15 as assessed by the State under sub16 paragraph (D); 

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

18 provide for the assessment of reading or lan19 guage arts in English for English learners 

20 who have attended school in the United 

21 States (not including Puerto Rico) for 3 or 

22 more consecutive school years, except that a 

23 local educational agency may, on a case-by24 case basis, provide for the assessment of 

25 reading or language arts for each such stu-
29 

•S 1177 EAH 

1 dent in a language other than English for 

2 a period not to exceed 2 additional consecu3 tive years if the assessment would be more 

4 likely to yield accurate and reliable infor5 mation on what such student knows and 

6 can do, provided that such student has not 

7 yet reached a level of English language pro8 ficiency sufficient to yield valid and reliable 

9 information on what such student knows 

10 and can do on reading or language arts as11 sessments written in English; 

12 ‘‘(xi) produce individual student inter13 pretive, descriptive, and diagnostic reports 

14 regarding achievement on such assessments 

15 that allow parents, teachers, and school 

16 leaders to understand and address the spe17 cific academic needs of students, and that 

18 are provided to parents, teachers, and school 

19 leaders, as soon as is practicable after the 

20 assessment is given, in an understandable 

21 and uniform format, and to the extent prac22 ticable, in a language that parents can un23 derstand; 

24 ‘‘(xii) enable results to be disaggregated 

25 within each State, local educational agency, 
30 

•S 1177 EAH 

1 and school by gender, by each major racial 

2 and ethnic group, by English language pro3 ficiency status, by migrant status, by status 

4 as a student with a disability, by status as 

5 a student with a parent who is an active 

6 duty member of the Armed Forces (as de7 fined in section 101(a)(4) of title 10, United 

8 States Code), by status as a student in fos9 ter care, and by economically disadvantaged 

10 status, except that, in the case of a local 

11 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 re16 veal personally identifiable information 

17 about an individual student; 

18 ‘‘(xiii) be administered to not less than 

19 95 percent of all students, and not less than 

20 95 percent of each subgroup of students de21 scribed in paragraph (3)(B)(ii)(II), except 

22 that States shall allow the parent of a stu23 dent to opt such student out of the assess24 ments required under this paragraph for 

25 any reason and shall not include such stu-
31 

•S 1177 EAH 

1 dents in calculating the participation rate 

2 under this clause; and 

3 ‘‘(xiv) where practicable, be developed 

4 using the principles of universal design for 

5 learning as defined in section 103(24) of the 

6 Higher Education Act of 1965 (20 U.S.C. 

7 1003(24)). 

8 ‘‘(C) ALTERNATE ASSESSMENTS.—A State 

9 may provide for alternate assessments aligned 

10 with the alternate academic standards adopted 

11 in accordance with paragraph (1)(D), for stu12 dents with the most significant cognitive disabil13 ities, if the State— 

14 ‘‘(i) establishes and monitors imple15 mentation of clear and appropriate guide16 lines for individualized education program 

17 teams (as defined in section 614(d)(1)(B) of 

18 the Individuals with Disabilities Education 

19 Act) to apply when determining, on an an20 nual and subject-by-subject basis, when a 

21 child’s significant cognitive disability justi22 fies assessment based on alternate achieve23 ment standards; 

24 ‘‘(ii) ensures that the parents of such 

25 students are clearly informed, as part of the 
32 

•S 1177 EAH 

1 process for developing the Individualized 

2 Education Program (as defined in section 

3 614(d)(1)(A) of the Individuals with Dis4 abilities Education Act (20 U.S.C. 

5 1414(d)(1)(A)), that— 

6 ‘‘(I) their child’s academic 

7 achievement will be measured against 

8 such alternate standards; and 

9 ‘‘(II) whether participation in 

10 such assessments precludes the student 

11 from completing the requirements for a 

12 regular high school diploma as defined 

13 in section 6101(36)(A); 

14 ‘‘(iii) ensures that students with the 

15 most significant cognitive disabilities who 

16 take an alternate assessment based on alter17 nate academic achievement standards are 

18 not precluded from attempting to complete 

19 the requirements for a regular secondary 

20 school diploma, as determined by the State; 

21 ‘‘(iv) demonstrates that such students 

22 are, to the extent practicable, included in 

23 the general curriculum and that such alter24 nate assessments are aligned with such cur25 riculum; 
33 

•S 1177 EAH 

1 ‘‘(v) develops, disseminates information 

2 about, and promotes the use of appropriate 

3 accommodations to increase the number of 

4 students with disabilities who are tested 

5 against academic achievement standards for 

6 the grade in which a student is enrolled; 

7 and 

8 ‘‘(vi) ensures that regular and special 

9 education teachers and other appropriate 

10 staff know how to administer the alternate 

11 assessments, including making appropriate 

12 use of accommodations for students with 

13 disabilities. 

14 ‘‘(D) ASSESSMENTS OF ENGLISH LANGUAGE

15 PROFICIENCY.— 

16 ‘‘(i) IN GENERAL.—Each State plan 

17 shall demonstrate that local educational 

18 agencies in the State will provide for an an19 nual assessment of English proficiency of 

20 all English learners in the schools served by 

21 the State educational agency. 

22 ‘‘(ii) ALIGNMENT.—The assessments 

23 described in clause (i) shall be aligned with 

24 the State’s English language proficiency 

25 standards described in paragraph (1)(E). 
34 

•S 1177 EAH 

1 ‘‘(E) LANGUAGE ASSESSMENTS.—Each 

2 State plan shall identify the languages other 

3 than English that are present in the partici4 pating student population and indicate the lan5 guages for which yearly student academic assess6 ments are not available and are needed. The 

7 State shall make every effort to develop such as8 sessments and may request assistance from the 

9 Secretary if linguistically accessible academic as10 sessment measures are needed. Upon request, the 

11 Secretary shall assist with the identification of 

12 appropriate academic assessment measures in 

13 the needed languages, but shall not mandate a 

14 specific academic assessment or mode of instruc15 tion. 

16 ‘‘(F) ADAPTIVE ASSESSMENTS.—A State re17 tains the right to develop and administer com18 puter adaptive assessments as the assessments re19 quired under subparagraph (A). If a State devel20 ops and administers a computer adaptive assess21 ment for such purposes, the assessment shall meet 

22 the requirements of this paragraph, except as fol23 lows: 

24 ‘‘(i) Notwithstanding subparagraph 

25 (B)(iii), the assessment— 
35 

•S 1177 EAH 

1 ‘‘(I) shall measure, at a min2 imum, each student’s academic pro3 ficiency against the State’s academic 

4 standards for the student’s grade level 

5 and growth toward such standards; 

6 and 

7 ‘‘(II) if the State chooses, may be 

8 used to measure the student’s level of 

9 academic proficiency and growth using 

10 assessment items above or below the 

11 student’s grade level, including for use 

12 as part of a State’s accountability sys13 tem under paragraph (3). 

14 ‘‘(ii) Subparagraph (B)(ii) shall not be 

15 interpreted to require that all students tak16 ing the computer adaptive assessment be ad17 ministered the same assessment items. 

18 ‘‘(G) LOCALLY DESIGNED ASSESSMENT SYS19 TEM.—Nothing in this paragraph shall be con20 strued to prohibit a local educational agency 

21 from administering its own assessments in lieu 

22 of the State-designed academic assessment system 

23 under this paragraph, if— 

24 ‘‘(i) the local educational agency ob25 tains approval from the State to administer 
36 

•S 1177 EAH 

1 a locally designed academic assessment sys2 tem; 

3 ‘‘(ii) such assessments provide data 

4 that is comparable among all local edu5 cational agencies within the State; and 

6 ‘‘(iii) the locally designed academic as7 sessment system meets the requirements for 

8 the assessments under subparagraph (B), 

9 except the requirement under clause (ii) of 

10 such subparagraph. 

11 ‘‘(3) STATE ACCOUNTABILITY SYSTEMS.— 

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

13 demonstrate that the State has developed and is 

14 implementing a single, statewide accountability 

15 system to ensure that all public school students 

16 graduate from high school prepared for postsec17 ondary education or the workforce without the 

18 need for remediation. 

19 ‘‘(B) ELEMENTS.—Each State account20 ability system described in subparagraph (A) 

21 shall at a minimum— 

22 ‘‘(i) annually measure the academic 

23 achievement of all public school students in 

24 the State against the State’s mathematics 

25 and reading or language arts academic 
37 

•S 1177 EAH 

1 standards adopted under paragraph (1), 

2 which may include measures of student 

3 growth toward such standards, using the 

4 mathematics and reading or language arts 

5 assessments described in paragraph (2)(B) 

6 and other valid and reliable academic indi7 cators related to student achievement as 

8 identified by the State; 

9 ‘‘(ii) annually evaluate and identify 

10 the academic performance of each public 

11 school in the State based on— 

12 ‘‘(I) student academic achieve13 ment as measured in accordance with 

14 clause (i); 

15 ‘‘(II) the overall performance, and 

16 achievement gaps as compared to all 

17 students in the school, for economically 

18 disadvantaged students, students from 

19 major racial and ethnic groups, stu20 dents with disabilities, and English 

21 learners, except that disaggregation of 

22 data under this subclause shall not be 

23 required in a case in which the number 

24 of students in a category is insufficient 

25 to yield statistically reliable informa-
38 

•S 1177 EAH 

1 tion or the results would reveal person2 ally identifiable information about an 

3 individual student; and 

4 ‘‘(III) other measures of school 

5 success; and 

6 ‘‘(iii) include a system for school im7 provement for low-performing public schools 

8 receiving funds under this subpart that— 

9 ‘‘(I) implements interventions in 

10 such schools that are designed to ad11 dress such schools’ weaknesses; and 

12 ‘‘(II) is implemented by local edu13 cational agencies serving such schools. 

14 ‘‘(C) PROHIBITION.—Nothing in this section 

15 shall be construed to permit the Secretary to es16 tablish any criteria that specifies, defines, or 

17 prescribes any aspect of a State’s accountability 

18 system developed and implemented in accordance 

19 with this paragraph. 

20 ‘‘(D) ACCOUNTABILITY FOR CHARTER

21 SCHOOLS.—The accountability provisions under 

22 this Act shall be overseen for charter schools in 

23 accordance with State charter school law. 

24 ‘‘(E) RECENTLY ARRIVED ENGLISH LEARN25 ERS.—A State may delay inclusion of the aca-
39 

•S 1177 EAH 

1 demic achievement of English learners for pur2 poses of the evaluation and identification de3 scribed in subparagraph (B)(ii) if such students 

4 have attended schools in the 50 states or the Dis5 trict of Columbia for less than two years (in the 

6 case of mathematics) and less than three years 

7 (in the case of reading or language arts), except 

8 that if the State uses growth calculations as de9 scribed in clause (i) of such subparagraph in 

10 such evaluation and identification, the State 

11 shall include such students in such calculations. 

12 ‘‘(4) REQUIREMENTS.—Each State plan shall de13 scribe— 

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

15 assist each local educational agency and each 

16 public school affected by the State plan to com17 ply with the requirements of this subpart, in18 cluding how the State educational agency will 

19 work with local educational agencies to provide 

20 technical assistance; and 

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

22 ensure that the results of the State assessments 

23 described in paragraph (2), the other indicators 

24 selected by the State under paragraph (3)(B)(i), 

25 and the school evaluations described in para-
40 

•S 1177 EAH 

1 graph (3)(B)(ii), will be promptly provided to 

2 local educational agencies, schools, teachers, and 

3 parents in a manner that is clear and easy to 

4 understand, but not later than before the begin5 ning of the school year following the school year 

6 in which such assessments, other indicators, or 

7 evaluations are taken or completed. 

8 ‘‘(5) TIMELINE FOR IMPLEMENTATION.—Each 

9 State plan shall describe the process by which the 

10 State will adopt and implement the State academic 

11 standards, assessments, and accountability system re12 quired under this section within 2 years of enactment 

13 of the Student Success Act. 

14 ‘‘(6) EXISTING STANDARDS.—Nothing in this 

15 subpart shall prohibit a State from revising, con16 sistent with this section, any standard adopted under 

17 this section before or after the date of the enactment 

18 of the Student Success Act. 

19 ‘‘(7) EXISTING STATE LAW.—Nothing in this sec20 tion shall be construed to alter any State law or regu21 lation granting parents authority over schools that re22 peatedly failed to make adequate yearly progress 

23 under this section, as in effect on the day before the 

24 date of the enactment of the Student Success Act. 
41 

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1 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND

2 LEARNING.—Each State plan shall contain assurances 

3 that— 

4 ‘‘(1) the State will notify local educational agen5 cies, schools, teachers, parents, and the public of the 

6 academic standards, academic assessments, and State 

7 accountability system developed and implemented 

8 under this section; 

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

10 academic assessments of 4th and 8th grade reading 

11 and mathematics under the National Assessment of 

12 Educational Progress carried out under section 

13 303(b)(2) of the National Assessment of Educational 

14 Progress Authorization Act if the Secretary pays the 

15 costs of administering such assessments; 

16 ‘‘(3) the State educational agency will notify 

17 local educational agencies and the public of the au18 thority to operate schoolwide programs; 

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

20 the least restrictive and burdensome regulations for 

21 local educational agencies and individual schools par22 ticipating in a program assisted under this subpart; 

23 ‘‘(5) the State educational agency will encourage 

24 schools to consolidate funds from other Federal, State, 
42 

•S 1177 EAH 

1 and local sources for schoolwide reform in schoolwide 

2 programs under section 1114; 

3 ‘‘(6) the State educational agency will modify or 

4 eliminate State fiscal and accounting barriers so that 

5 schools can easily consolidate funds from other Fed6 eral, State, and local sources for schoolwide programs 

7 under section 1114; and 

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

9 local educational agencies in the State of the local 

10 educational agency’s authority to transfer funds 

11 under section 1002 and to obtain waivers under sec12 tion 6401. 

13 ‘‘(d) PARENTAL INVOLVEMENT.—Each State plan shall 

14 describe how the State educational agency will support the 

15 collection and dissemination to local educational agencies 

16 and schools of effective parental involvement practices. Such 

17 practices shall— 

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

19 meets the highest professional and technical standards 

20 on effective parental involvement that fosters achieve21 ment to high standards for all children; 

22 ‘‘(2) be geared toward lowering barriers to great23 er participation by parents in school planning, re24 view, and improvement; and 
43 

•S 1177 EAH 

1 ‘‘(3) be coordinated with programs funded under 

2 subpart 3 of part A of title III. 

3 ‘‘(e) PEER REVIEW AND SECRETARIAL APPROVAL.— 

4 ‘‘(1) ESTABLISHMENT.—Notwithstanding section 

5 6543, the Secretary shall— 

6 ‘‘(A) establish a peer-review process to assist 

7 in the review of State plans; and 

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

9 process who are representative of parents, teach10 ers, State educational agencies, local educational 

11 agencies, and private sector employers (including 

12 representatives of entrepreneurial ventures), and 

13 who are familiar with educational standards, as14 sessments, accountability, the needs of low-per15 forming schools, and other educational needs of 

16 students, and ensure that 65 percent of such ap17 pointees are practitioners and 10 percent are 

18 representatives of private sector employers. 

19 ‘‘(2) APPROVAL.—The Secretary shall— 

20 ‘‘(A) approve a State plan within 120 days 

21 of its submission; 

22 ‘‘(B) disapprove of the State plan only if 

23 the Secretary demonstrates how the State plan 

24 fails to meet the requirements of this section and 
44 

•S 1177 EAH 

1 immediately notifies the State of such determina2 tion and the reasons for such determination; 

3 ‘‘(C) not decline to approve a State’s plan 

4 before— 

5 ‘‘(i) offering the State an opportunity 

6 to revise its plan; 

7 ‘‘(ii) providing technical assistance in 

8 order to assist the State to meet the require9 ments of this section; and 

10 ‘‘(iii) providing a hearing; and 

11 ‘‘(D) have the authority to disapprove a 

12 State plan for not meeting the requirements of 

13 this subpart, but shall not have the authority to 

14 require a State, as a condition of approval of the 

15 State plan, to include in, or delete from, such 

16 plan one or more specific elements of the State’s 

17 academic standards or State accountability sys18 tem, or to use specific academic assessments or 

19 other indicators. 

20 ‘‘(3) STATE REVISIONS.—A State plan shall be 

21 revised by the State educational agency if it is nec22 essary to satisfy the requirements of this section. 

23 ‘‘(4) PUBLIC REVIEW.—All communications, 

24 feedback, and notifications under this subsection shall 

25 be conducted in a manner that is immediately made 
45 

•S 1177 EAH 

1 available to the public through the website of the De2 partment, including— 

3 ‘‘(A) peer review guidance; 

4 ‘‘(B) the names of the peer reviewers; 

5 ‘‘(C) State plans submitted or resubmitted 

6 by a State, including the current approved 

7 plans; 

8 ‘‘(D) peer review notes; 

9 ‘‘(E) State plan determinations by the Sec10 retary, including approvals or disapprovals, and 

11 any deviations from the peer reviewers’ rec12 ommendations with an explanation of the devi13 ation; and 

14 ‘‘(F) hearings. 

15 ‘‘(5) PROHIBITION.—The Secretary, and the Sec16 retary’s staff, may not attempt to participate in, or 

17 influence, the peer review process. No Federal em18 ployee may participate in, or attempt to influence the 

19 peer review process, except to respond to questions of 

20 a technical nature, which shall be publicly reported. 

21 ‘‘(6) RULE OF CONSTRUCTION.—A State plan 

22 shall be presumed approved upon submission unless 

23 the Secretary finds that the plan does not meet one 

24 of the required elements, but in no case shall a defi-
46 

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1 ciency be found due to the content of the material sub2 mitted. 

3 ‘‘(f) DURATION OF THE PLAN.— 

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

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

6 State’s participation under this subpart; and 

7 ‘‘(B) be periodically reviewed and revised as 

8 necessary by the State educational agency to re9 flect changes in the State’s strategies and pro10 grams under this subpart. 

11 ‘‘(2) ADDITIONAL INFORMATION.—If a State 

12 makes significant changes to its State plan, such as 

13 the adoption of new State academic standards or new 

14 academic assessments, or adopts a new State account15 ability system, such information shall be submitted to 

16 the Secretary under subsection (e)(2) for approval. 

17 ‘‘(g) FAILURE TO MEET REQUIREMENTS.—If a State 

18 fails to meet any of the requirements of this section then 

19 the Secretary shall withhold funds for State administration 

20 under this subpart until the Secretary determines that the 

21 State has fulfilled those requirements. 

22 ‘‘(h) REPORTS.— 

23 ‘‘(1) ANNUAL STATE REPORT CARD.— 

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

25 assistance under this subpart shall prepare and 
47 

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1 disseminate an annual State report card. Such 

2 dissemination shall include, at a minimum, pub3 licly posting the report card on the home page of 

4 the State educational agency’s website. 

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

6 card shall be— 

7 ‘‘(i) concise; and 

8 ‘‘(ii) presented in an understandable 

9 and uniform format that is developed in 

10 consultation with parents and, to the extent 

11 practicable, provided in a language that 

12 parents can understand. 

13 ‘‘(C) REQUIRED INFORMATION.—The State 

14 shall include in its annual State report card in15 formation on— 

16 ‘‘(i) the performance of students, in the 

17 aggregate and disaggregated by the cat18 egories of students described in subsection 

19 (b)(2)(B)(xii) (except that such 

20 disaggregation shall not be required in a 

21 case in which the number of students in a 

22 category is insufficient to yield statistically 

23 reliable information or the results would re24 veal personally identifiable information 

25 about an individual student), on the State 
48 

•S 1177 EAH 

1 academic assessments described in sub2 section (b)(2); 

3 ‘‘(ii) the participation rate on such as4 sessments, in the aggregate and 

5 disaggregated in accordance with clause (i); 

6 ‘‘(iii) the performance of students, in 

7 the aggregate and disaggregated in accord8 ance with clause (i), on other academic in9 dicators described in subsection (b)(3)(B)(i); 

10 ‘‘(iv) the number, percentage, and dis11 ability category of students with significant 

12 cognitive disabilities participating in the 

13 alternate assessments described in subsection 

14 (b)(2)(C) (except that such reporting shall 

15 not be required in a case in which the re16 sults would reveal personally identifiable 

17 information about an individual student); 

18 ‘‘(v) for each public high school in the 

19 State, in the aggregate and disaggregated in 

20 accordance with clause (i)— 

21 ‘‘(I) the four-year adjusted cohort 

22 graduation rate, and 

23 ‘‘(II) if applicable, the extended24 year adjusted cohort graduation rate, 

25 reported separately for students grad-
49 

•S 1177 EAH 

1 uating in 5 years or less, students 

2 graduating in 6 years or less, and stu3 dents graduating in 7 or more years; 

4 ‘‘(vi) each public school’s evaluation re5 sults as determined in accordance with sub6 section (b)(3)(B)(ii); 

7 ‘‘(vii) the acquisition of English pro8 ficiency by English learners; 

9 ‘‘(viii) if appropriate, as determined 

10 by the State, the number and percentage of 

11 teachers in each category established under 

12 section 2123(1), except that such informa13 tion shall not reveal personally identifiable 

14 information about an individual teacher; 

15 and 

16 ‘‘(ix) the results of the assessments de17 scribed in subsection (c)(2). 

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

19 may include in its annual State report card 

20 such other information as the State believes will 

21 best provide parents, students, and other mem22 bers of the public with information regarding the 

23 progress of each of the State’s public elementary 

24 schools and public secondary schools, such as the 

25 number of students enrolled in each public sec-
50 

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1 ondary school in the State attaining career and 

2 technical proficiencies, as defined in section 

3 113(b)(2)(A) of the Carl D. Perkins Career and 

4 Technical Education Act of 2006, and reported 

5 by the State in a manner consistent with section 

6 113(c) of such Act. 

7 ‘‘(E) DATA.—All personal, private student 

8 data shall be prohibited from use beyond assess9 ing student performance as provided for in sub10 paragraph (C). The State’s annual report shall 

11 only use such data as sufficient to yield statis12 tically reliable information, and does not reveal 

13 personally identifiable information about indi14 vidual students. 

15 ‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY RE16 PORT CARDS.— 

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

18 agency that receives assistance under this sub19 part shall prepare and disseminate an annual 

20 local educational agency report card. 

21 ‘‘(B) MINIMUM REQUIREMENTS.—The State 

22 educational agency shall ensure that each local 

23 educational agency collects appropriate data and 

24 includes in the local educational agency’s annual 

25 report the information described in paragraph 
51 

•S 1177 EAH 

1 (1)(C) as applied to the local educational agency 

2 and each school served by the local educational 

3 agency, and— 

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

5 agency, information that shows how stu6 dents served by the local educational agency 

7 achieved on the statewide academic assess8 ment and other academic indicators adopt9 ed in accordance with subsection 

10 (b)(3)(B)(i) compared to students in the 

11 State as a whole; and 

12 ‘‘(ii) in the case of a school, the school’s 

13 evaluation under subsection (b)(3)(B)(ii). 

14 ‘‘(C) OTHER INFORMATION.—A local edu15 cational agency may include in its annual local 

16 educational agency report card any other appro17 priate information, whether or not such informa18 tion is included in the annual State report card. 

19 ‘‘(D) DATA.—A local educational agency or 

20 school shall only include in its annual local edu21 cational agency report card data that are suffi22 cient to yield statistically reliable information, 

23 as determined by the State, and that do not re24 veal personally identifiable information about an 

25 individual student. 
52 

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

2 educational agency shall publicly disseminate the 

3 information described in this paragraph to all 

4 schools served by the local educational agency 

5 and to all parents of students attending those 

6 schools in an understandable and uniform for7 mat, and, to the extent practicable, in a lan8 guage that parents can understand, and make 

9 the information widely available through public 

10 means, such as posting on the Internet, distribu11 tion to the media, and distribution through pub12 lic agencies, except that if a local educational 

13 agency issues a report card for all students, the 

14 local educational agency may include the infor15 mation under this section as part of such report. 

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

17 educational agency or local educational agency may 

18 use public report cards on the performance of stu19 dents, schools, local educational agencies, or the State, 

20 that were in effect prior to the enactment of the Stu21 dent Success Act for the purpose of this subsection, so 

22 long as any such report card is modified, as may be 

23 needed, to contain the information required by this 

24 subsection, and protects the privacy of individual stu25 dents. 
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1 ‘‘(4) PARENTS RIGHT-TO-KNOW.— 

2 ‘‘(A) ACHIEVEMENT INFORMATION.—At the 

3 beginning of each school year, a school that re4 ceives funds under this subpart shall provide to 

5 each individual parent information on the level 

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

7 the State academic assessments and other aca8 demic indicators adopted in accordance with this 

9 subpart. 

10 ‘‘(B) FORMAT.—The notice and information 

11 provided to parents under this paragraph shall 

12 be in an understandable and uniform format 

13 and, to the extent practicable, provided in a lan14 guage that the parents can understand. 

15 ‘‘(i) PRIVACY.—Information collected under this sec16 tion shall be collected and disseminated in a manner that 

17 protects the privacy of individuals consistent with section 

18 444 of the General Education Provisions Act and this Act. 

19 ‘‘(j) VOLUNTARY PARTNERSHIPS.—A State retains the 

20 right to enter into a voluntary partnership with another 

21 State to develop and implement the academic standards 

22 and assessments required under this section, except that the 

23 Secretary shall not, either directly or indirectly, attempt 

24 to influence, incentivize, or coerce State— 
54 

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1 ‘‘(1) adoption of the Common Core State Stand2 ards developed under the Common Core State Stand3 ards Initiative, any other academic standards com4 mon to a significant number of States, or assessments 

5 tied to such standards; or 

6 ‘‘(2) participation in any such partnerships. 

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

8 construed to prescribe the use of the academic assessments 

9 described in this part for student promotion or graduation 

10 purposes. 

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

13 used by each school operated or funded by the Bureau of 

14 Indian Education receiving funds under this subpart, the 

15 following shall apply: 

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

17 State in which it is operating shall use the assess18 ments and other academic indicators the State has 

19 developed and implemented to meet the requirements 

20 of this section, or such other appropriate assessment 

21 and academic indicators as approved by the Sec22 retary of the Interior. 

23 ‘‘(2) Each such school that is accredited by a re24 gional accrediting organization shall adopt an appro25 priate assessment and other academic indicators, in 
55 

•S 1177 EAH 

1 consultation with and with the approval of, the Sec2 retary of the Interior and consistent with assessments 

3 and academic indicators adopted by other schools in 

4 the same State or region, that meet the requirements 

5 of this section. 

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

7 tribal accrediting agency or tribal division of edu8 cation shall use an assessment and other academic in9 dicators developed by such agency or division, except 

10 that the Secretary of the Interior shall ensure that 

11 such assessment and academic indicators meet the re12 quirements of this section.’’. 

13 SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS. 

14 Section 1112 (20 U.S.C. 6312) is amended to read as 

15 follows: 

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

17 ‘‘(a) PLANS REQUIRED.— 

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

19 may receive a subgrant under this subpart for any 

20 fiscal year only if such agency has on file with the 

21 State educational agency a plan, approved by the 

22 State educational agency, that is coordinated with 

23 other programs under this Act, the Individuals with 

24 Disabilities Education Act, the Carl D. Perkins Ca25 reer and Technical Education Act of 2006, the 
56 

•S 1177 EAH 

1 McKinney-Vento Homeless Assistance Act, and other 

2 Acts, as appropriate. 

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

4 may be submitted as part of a consolidated applica5 tion under section 6305. 

6 ‘‘(b) PLAN PROVISIONS.—Each local educational agen7 cy plan shall describe— 

8 ‘‘(1) how the local educational agency will mon9 itor, in addition to the State assessments described in 

10 section 1111(b)(2), students’ progress in meeting the 

11 State’s academic standards; 

12 ‘‘(2) how the local educational agency will iden13 tify quickly and effectively those students who may be 

14 at risk of failing to meet the State’s academic stand15 ards; 

16 ‘‘(3) how the local educational agency will pro17 vide additional educational assistance to individual 

18 students in need of additional help in meeting the 

19 State’s academic standards; 

20 ‘‘(4) how the local educational agency will im21 plement the school improvement system described in 

22 section 1111(b)(3)(B)(iii) for any of the agency’s 

23 schools identified under such section; 
57 

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1 ‘‘(5) how the local educational agency will co2 ordinate programs under this subpart with other pro3 grams under this Act and other Acts, as appropriate; 

4 ‘‘(6) the poverty criteria that will be used to se5 lect school attendance areas under section 1113; 

6 ‘‘(7) how teachers, in consultation with parents, 

7 administrators, and specialized instructional support 

8 personnel, in targeted assistance schools under section 

9 1115, will identify the eligible children most in need 

10 of services under this subpart; 

11 ‘‘(8) in general, the nature of the programs to be 

12 conducted by the local educational agency’s schools 

13 under sections 1114 and 1115, and, where appro14 priate, educational services outside such schools for 

15 children living in local institutions for neglected and 

16 delinquent children, and for neglected and delinquent 

17 children in community day school programs; 

18 ‘‘(9) how the local educational agency will ensure 

19 that migratory children who are eligible to receive 

20 services under this subpart are selected to receive such 

21 services on the same basis as other children who are 

22 selected to receive services under this subpart; 

23 ‘‘(10) the services the local educational agency 

24 will provide homeless children, including services pro-
58 

•S 1177 EAH 

1 vided with funds reserved under section 

2 1113(c)(3)(A); 

3 ‘‘(11) the strategy the local educational agency 

4 will use to implement effective parental involvement 

5 under section 1118; 

6 ‘‘(12) if appropriate, how the local educational 

7 agency will use funds under this subpart to support 

8 preschool programs for children, particularly children 

9 participating in a Head Start program, which serv10 ices may be provided directly by the local educational 

11 agency or through a subcontract with the local Head 

12 Start agency designated by the Secretary of Health 

13 and Human Services under section 641 of the Head 

14 Start Act, or another comparable early childhood de15 velopment program; 

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

17 incentives for voluntary transfers, the provision of 

18 professional development, recruitment programs, in19 centive pay, performance pay, or other effective strate20 gies, will address disparities in the rates of low-in21 come and minority students and other students being 

22 taught by ineffective teachers; 

23 ‘‘(14) if appropriate, how the local educational 

24 agency will use funds under this subpart to support 

25 programs that coordinate and integrate— 
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1 ‘‘(A) career and technical education aligned 

2 with State technical standards that promote 

3 skills attainment important to in-demand occu4 pations or industries in the State and the State’s 

5 academic standards under section 1111(b)(1); 

6 and 

7 ‘‘(B) work-based learning opportunities that 

8 provide students in-depth interaction with in9 dustry professionals for the purposes of gaining 

10 experience and, if appropriate, academic credit; 

11 ‘‘(15) if appropriate, how the local educational 

12 agency will use funds under this subpart to support 

13 dual enrollment programs, early college high schools, 

14 and Advanced Placement or International Bacca15 laureate programs; 

16 ‘‘(16) if appropriate, how the local educational 

17 agency will use funds under this subpart to train 

18 school counselors to effectively provide students rel19 evant information regarding their individual career 

20 and postsecondary education goals; and 

21 ‘‘(17) if appropriate, how the local educational 

22 agency will use funds under this subpart to support 

23 activities that coordinate and integrate before-school 

24 and after-school programs, and summer school pro25 grams. 
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1 ‘‘(c) ASSURANCES.—Each local educational agency 

2 plan shall provide assurances that the local educational 

3 agency will— 

4 ‘‘(1) participate, if selected, in biennial State 

5 academic assessments of 4th and 8th grade reading 

6 and mathematics under the National Assessment of 

7 Educational Progress carried out under section 

8 303(b)(2) of the National Assessment of Educational 

9 Progress Authorization Act; 

10 ‘‘(2) inform schools of schoolwide program au11 thority and the ability to consolidate funds from Fed12 eral, State, and local sources; 

13 ‘‘(3) provide technical assistance to schoolwide 

14 programs; 

15 ‘‘(4) provide services to eligible children attend16 ing private elementary and secondary schools in ac17 cordance with section 1120, and timely and meaning18 ful consultation with private school officials or rep19 resentatives regarding such services; 

20 ‘‘(5) in the case of a local educational agency 

21 that chooses to use funds under this subpart to pro22 vide early childhood development services to low-in23 come children below the age of compulsory school at24 tendance, ensure that such services comply with the 
61 

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1 performance standards established under section 

2 641A(a) of the Head Start Act; 

3 ‘‘(6) inform eligible schools of the local edu4 cational agency’s authority to request waivers on the 

5 school’s behalf under title VI; and 

6 ‘‘(7) ensure that the results of the academic as7 sessments required under section 1111(b)(2) will be 

8 provided to parents and teachers as soon as is prac9 ticably possible after the test is taken, in an under10 standable and uniform format and, to the extent 

11 practicable, provided in a language that the parents 

12 can understand. 

13 ‘‘(d) SPECIAL RULE.—In carrying out subsection 

14 (c)(5), the Secretary shall— 

15 ‘‘(1) consult with the Secretary of Health and 

16 Human Services and shall establish procedures (tak17 ing into consideration existing State and local laws, 

18 and local teacher contracts) to assist local educational 

19 agencies to comply with such subparagraph; and 

20 ‘‘(2) disseminate to local educational agencies the 

21 education performance standards in effect under sec22 tion 641A(a) of the Head Start Act, and such agen23 cies affected by such subsection shall plan for the im24 plementation of such subsection (taking into consider-
62 

•S 1177 EAH 

1 ation existing State and local laws, and local teacher 

2 contracts). 

3 ‘‘(e) PLAN DEVELOPMENT AND DURATION.— 

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

5 agency plan shall be developed in consultation with 

6 teachers, school leaders, public charter school rep7 resentatives, administrators, and other appropriate 

8 school personnel, and with parents of children in 

9 schools served under this subpart. 

10 ‘‘(2) DURATION.—Each such plan shall be sub11 mitted for the first year for which this part is in ef12 fect following the date of the enactment of this Act 

13 and shall remain in effect for the duration of the 

14 agency’s participation under this subpart. 

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

16 shall periodically review and, as necessary, revise its 

17 plan. 

18 ‘‘(f) STATE APPROVAL.— 

19 ‘‘(1) IN GENERAL.—Each local educational agen20 cy plan shall be filed according to a schedule estab21 lished by the State educational agency. 

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

23 shall approve a local educational agency’s plan only 

24 if the State educational agency determines that the 

25 local educational agency’s plan— 
63 

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1 ‘‘(A) enables schools served under this sub2 part to substantially help children served under 

3 this subpart to meet the State’s academic stand4 ards described in section 1111(b)(1); and 

5 ‘‘(B) meets the requirements of this section. 

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

7 shall review the local educational agency’s plan to de8 termine if such agency’s activities are in accordance 

9 with section 1118. 

10 ‘‘(g) PARENTAL NOTIFICATION.— 

11 ‘‘(1) IN GENERAL.—Each local educational agen12 cy using funds under this subpart and subpart 4 to 

13 provide a language instruction educational program 

14 shall, not later than 30 days after the beginning of 

15 the school year, inform parents of an English learner 

16 identified for participation, or participating in, such 

17 a program of— 

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

19 their child as an English learner and in need of 

20 placement in a language instruction educational 

21 program; 

22 ‘‘(B) the child’s level of English proficiency, 

23 how such level was assessed, and the status of the 

24 child’s academic achievement; 
64 

•S 1177 EAH 

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

2 program in which their child is, or will be par3 ticipating, and the methods of instruction used 

4 in other available programs, including how such 

5 programs differ in content, instructional goals, 

6 and the use of English and a native language in 

7 instruction; 

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

9 is, or will be participating, will meet the edu10 cational strengths and needs of their child; 

11 ‘‘(E) how such program will specifically 

12 help their child learn English, and meet age-ap13 propriate academic achievement standards for 

14 grade promotion and graduation; 

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

16 program, including the expected rate of transi17 tion from such program into classrooms that are 

18 not tailored for English learners, and the ex19 pected rate of graduation from high school for 

20 such program if funds under this subpart are 

21 used for children in secondary schools; 

22 ‘‘(G) in the case of a child with a disability, 

23 how such program meets the objectives of the in24 dividualized education program of the child; and 
65 

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1 ‘‘(H) information pertaining to parental 

2 rights that includes written guidance— 

3 ‘‘(i) detailing— 

4 ‘‘(I) the right that parents have to 

5 have their child immediately removed 

6 from such program upon their request; 

7 and 

8 ‘‘(II) the options that parents 

9 have to decline to enroll their child in 

10 such program or to choose another pro11 gram or method of instruction, if 

12 available; and 

13 ‘‘(ii) assisting parents in selecting 

14 among various programs and methods of 

15 instruction, if more than one program or 

16 method is offered by the eligible entity. 

17 ‘‘(2) NOTICE.—The notice and information pro18 vided in paragraph (1) to parents of a child identi19 fied for participation in a language instruction edu20 cational program for English learners shall be in an 

21 understandable and uniform format and, to the extent 

22 practicable, provided in a language that the parents 

23 can understand. 

24 ‘‘(3) SPECIAL RULE APPLICABLE DURING THE

25 SCHOOL YEAR.—For those children who have not been 
66 

•S 1177 EAH 

1 identified as English learners prior to the beginning 

2 of the school year the local educational agency shall 

3 notify parents within the first 2 weeks of the child 

4 being placed in a language instruction educational 

5 program consistent with paragraphs (1) and (2). 

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

7 educational agency receiving funds under this subpart 

8 shall implement an effective means of outreach to par9 ents of English learners to inform the parents regard10 ing how the parents can be involved in the education 

11 of their children, and be active participants in assist12 ing their children to attain English proficiency, 

13 achieve at high levels in core academic subjects, and 

14 meet the State’s academic standards expected of all 

15 students, including holding, and sending notice of op16 portunities for, regular meetings for the purpose of 

17 formulating and responding to recommendations from 

18 parents of students assisted under this subpart. 

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

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

21 any federally assisted education program on the basis 

22 of a surname or language-minority status.’’. 

23 SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS. 

24 Section 1113 (20 U.S.C. 6313) is amended— 
67 

•S 1177 EAH 

1 (1) by striking ‘‘part’’ each place it appears and 

2 inserting ‘‘subpart’’; and 

3 (2) in subsection (c)(4)— 

4 (A) by striking ‘‘subpart 2’’ and inserting 

5 ‘‘chapter B’’; and 

6 (B) by striking ‘‘school improvement, cor7 rective action, and restructuring under section 

8 1116(b)’’ and inserting ‘‘school improvement 

9 under section 1111(b)(3)(B)(iii)’’. 

10 SEC. 115. SCHOOLWIDE PROGRAMS. 

11 Section 1114 (20 U.S.C. 6314) is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1)— 

14 (i) by striking ‘‘part’’ and inserting 

15 ‘‘subpart’’; and 

16 (ii) by striking ‘‘in which’’ through 

17 ‘‘such families’’; 

18 (B) in paragraph (2)— 

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

20 ‘‘part’’ and inserting ‘‘subpart’’; and 

21 (ii) in subparagraph (B)— 

22 (I) by striking ‘‘children with 

23 limited English proficiency’’ and in24 serting ‘‘English learners’’; and 
68 

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1 (II) by striking ‘‘part’’ and in2 serting ‘‘subpart’’; 

3 (C) in paragraph (3)(B), by striking 

4 ‘‘maintenance of effort,’’ after ‘‘private school 

5 children,’’; and 

6 (D) by striking paragraph (4); 

7 (2) in subsection (b)— 

8 (A) in paragraph (1)— 

9 (i) in subparagraph (A)— 

10 (I) by striking ‘‘(including’’ and 

11 all that follows through ‘‘1309(2))’’; 

12 and 

13 (II) by striking ‘‘content stand14 ards and the State student academic 

15 achievement standards’’ and inserting 

16 ‘‘standards’’; 

17 (ii) in subparagraph (B)— 

18 (I) in clause (i), by striking ‘‘pro19 ficient’’ and all that follows through 

20 ‘‘section 1111(b)(1)(D)’’ and inserting 

21 ‘‘academic standards described in sec22 tion 1111(b)(1)’’; 

23 (II) in clause (ii), in the matter 

24 preceding subclause (I), by striking 
69 

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1 ‘‘based on scientifically based research’’ 

2 and inserting ‘‘evidence-based’’; 

3 (III) in clause (iii)— 

4 (aa) in subclause (I)— 

5 (AA) by striking ‘‘stu6 dent academic achievement 

7 standards’’ and inserting 

8 ‘‘academic standards’’; and 

9 (BB) by striking 

10 ‘‘schoolwide program,’’ and 

11 all that follows through 

12 ‘‘technical education pro13 grams; and’’ and inserting 

14 ‘‘schoolwide programs; and’’; 

15 and 

16 (bb) in subclause (II), by 

17 striking ‘‘and’’; 

18 (IV) in clause (iv)— 

19 (aa) by striking ‘‘the State 

20 and local improvement plans’’ 

21 and inserting ‘‘school improve22 ment strategies’’; and 

23 (bb) by striking the period 

24 and inserting ‘‘; and’’; and 
70 

•S 1177 EAH 

1 (V) by adding at the end the fol2 lowing new clause: 

3 ‘‘(v) may be delivered by nonprofit or 

4 for-profit external providers with expertise 

5 in using evidence-based or other effective 

6 strategies to improve student achievement.’’; 

7 (iii) in subparagraph (C), by striking 

8 ‘‘highly qualified’’ and inserting ‘‘effective’’; 

9 (iv) in subparagraph (D)— 

10 (I) by striking ‘‘In accordance 

11 with section 1119 and subsection 

12 (a)(4), high-quality’’ and inserting 

13 ‘‘High-quality’’; 

14 (II) by striking ‘‘pupil services’’ 

15 and inserting ‘‘specialized instruc16 tional support services’’; and 

17 (III) by striking ‘‘student aca18 demic achievement’’ and inserting 

19 ‘‘academic’’; 

20 (v) in subparagraph (E), by striking 

21 ‘‘high-quality highly qualified’’ and insert22 ing ‘‘effective’’; 

23 (vi) in subparagraph (G), by striking 

24 ‘‘, such as Head Start, Even Start, Early 
71 

•S 1177 EAH 

1 Reading First, or a State-run preschool 

2 program,’’; 

3 (vii) in subparagraph (H), by striking 

4 ‘‘section 1111(b)(3)’’ and inserting ‘‘section 

5 1111(b)(2)’’; 

6 (viii) in subparagraph (I), by striking 

7 ‘‘proficient or advanced levels of academic 

8 achievement standards’’ and inserting 

9 ‘‘State academic standards’’; and 

10 (ix) in subparagraph (J), by striking 

11 ‘‘vocational’’ and inserting ‘‘career’’; and 

12 (B) in paragraph (2)— 

13 (i) in subparagraph (A)— 

14 (I) in the matter preceding clause 

15 (i)— 

16 (aa) by striking ‘‘first de17 velop’’ and all that follows 

18 through ‘‘2001)’’ and inserting 

19 ‘‘have in place’’; and 

20 (bb) by striking ‘‘and its 

21 school support team or other tech22 nical assistance provider under 

23 section 1117’’; 

24 (II) in clause (ii), by striking 

25 ‘‘part’’ and inserting ‘‘subpart’’; and 
72 

•S 1177 EAH 

1 (III) in clause (iv), by striking 

2 ‘‘section 1111(b)(3)’’ and inserting 

3 ‘‘section 1111(b)(2)’’; and 

4 (ii) in subparagraph (B)— 

5 (I) in clause (i)— 

6 (aa) in subclause (I), by 

7 striking ‘‘, after considering the 

8 recommendation of the technical 

9 assistance providers under section 

10 1117,’’; and 

11 (bb) in subclause (II), by 

12 striking ‘‘No Child Left Behind 

13 Act of 2001’’ and inserting ‘‘Stu14 dent Success Act’’; 

15 (II) in clause (ii)— 

16 (aa) by striking ‘‘(including 

17 administrators of programs de18 scribed in other parts of this 

19 title)’’; and 

20 (bb) by striking ‘‘pupil serv21 ices’’ and inserting ‘‘specialized 

22 instructional support services’’; 

23 (III) in clause (iii), by striking 

24 ‘‘part’’ and inserting ‘‘subpart’’; and 
73 

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1 (IV) in clause (v), by striking 

2 ‘‘Reading First, Early Reading First, 

3 Even Start,’’; and 

4 (3) in subsection (c)— 

5 (A) by striking ‘‘part’’ and inserting ‘‘sub6 part’’; and 

7 (B) by striking ‘‘6,’’ and all that follows 

8 through the period at the end and inserting ‘‘6.’’. 

9 SEC. 116. TARGETED ASSISTANCE SCHOOLS. 

10 Section 1115 (20 U.S.C. 6315) is amended— 

11 (1) in subsection (a)— 

12 (A) by striking ‘‘are ineligible for a 

13 schoolwide program under section 1114, or that’’; 

14 (B) by striking ‘‘operate such’’ and insert15 ing ‘‘operate’’; and 

16 (C) by striking ‘‘part’’ and inserting ‘‘sub17 part’’; 

18 (2) in subsection (b)— 

19 (A) in paragraph (1)(B), by striking ‘‘chal20 lenging student academic achievement’’ and in21 serting ‘‘academic’’; 

22 (B) in paragraph (2)— 

23 (i) in subparagraph (A)— 
74 

•S 1177 EAH 

1 (I) by striking ‘‘limited English 

2 proficient children’’ and inserting 

3 ‘‘English learners’’; and 

4 (II) by striking ‘‘part’’ each place 

5 it appears and inserting ‘‘subpart’’; 

6 (ii) in subparagraph (B)— 

7 (I) in the heading, by striking ‘‘, 

8 EVEN START, OR EARLY READING

9 FIRST’’; 

10 (II) by striking ‘‘, Even Start, or 

11 Early Reading First’’; and 

12 (III) by striking ‘‘part’’ and in13 serting ‘‘subpart’’; 

14 (iii) in subparagraph (C)— 

15 (I) by amending the heading to 

16 read as follows: ‘‘SUBPART 3 CHIL17 DREN.—’’; 

18 (II) by striking ‘‘part C’’ and in19 serting ‘‘subpart 3’’; and 

20 (III) by striking ‘‘part’’ and in21 serting ‘‘subpart’’; and 

22 (iv) in subparagraphs (D) and (E), by 

23 striking ‘‘part’’ each place it appears and 

24 inserting ‘‘subpart’’; and 
75 

•S 1177 EAH 

1 (C) in paragraph (3), by striking ‘‘part’’ 

2 and inserting ‘‘subpart’’; 

3 (3) in subsection (c)— 

4 (A) in paragraph (1)— 

5 (i) in the matter preceding subpara6 graph (A)— 

7 (I) by striking ‘‘part’’ and insert8 ing ‘‘subpart’’; and 

9 (II) by striking ‘‘challenging stu10 dent academic achievement’’ and in11 serting ‘‘academic’’; 

12 (ii) in subparagraph (A)— 

13 (I) by striking ‘‘part’’ and insert14 ing ‘‘subpart’’; and 

15 (II) by striking ‘‘challenging stu16 dent academic achievement’’ and in17 serting ‘‘academic’’; 

18 (iii) in subparagraph (B), by striking 

19 ‘‘part’’ and inserting ‘‘subpart’’; 

20 (iv) in subparagraph (C)— 

21 (I) in the matter preceding clause 

22 (i), by striking ‘‘based on scientifically 

23 based research’’ and inserting ‘‘evi24 dence-based’’; and 
76 

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1 (II) in clause (iii), by striking 

2 ‘‘part’’ and inserting ‘‘subpart’’; 

3 (v) in subparagraph (D), by striking 

4 ‘‘such as Head Start, Even Start, Early 

5 Reading First or State-run preschool pro6 grams’’; 

7 (vi) in subparagraph (E), by striking 

8 ‘‘highly qualified’’ and inserting ‘‘effective’’; 

9 (vii) in subparagraph (F)— 

10 (I) by striking ‘‘in accordance 

11 with subsection (e)(3) and section 

12 1119,’’; 

13 (II) by striking ‘‘part’’ and in14 serting ‘‘subpart’’; and 

15 (III) by striking ‘‘pupil services 

16 personnel’’ and inserting ‘‘specialized 

17 instructional support personnel’’; and 

18 (viii) in subparagraph (H), by striking 

19 ‘‘vocational’’ and inserting ‘‘career’’; and 

20 (B) in paragraph (2)— 

21 (i) in the matter preceding subpara22 graph (A), by striking ‘‘proficient and ad23 vanced levels of achievement’’ and inserting 

24 ‘‘academic standards’’; 
77 

•S 1177 EAH 

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

2 ‘‘part’’ and inserting ‘‘subpart’’; and 

3 (iii) in subparagraph (B), by striking 

4 ‘‘challenging student academic achievement’’ 

5 and inserting ‘‘academic’’; 

6 (4) in subsection (d), in the matter preceding 

7 paragraph (1), by striking ‘‘part’’ each place it ap8 pears and inserting ‘‘subpart’’; 

9 (5) in subsection (e)— 

10 (A) in paragraph (2)(B)— 

11 (i) in the matter preceding clause (i), 

12 by striking ‘‘part’’ and inserting ‘‘subpart’’; 

13 and 

14 (ii) in clause (iii), by striking ‘‘pupil 

15 services’’ and inserting ‘‘specialized instruc16 tional support services’’; and 

17 (B) by striking paragraph (3); and 

18 (6) by adding at the end the following new sub19 section: 

20 ‘‘(f) DELIVERY OF SERVICES.—The elements of a tar21 geted assistance program under this section may be deliv22 ered by nonprofit or for-profit external providers with ex23 pertise in using evidence-based or other effective strategies 

24 to improve student achievement.’’. 
78 

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1 SEC. 117. ACADEMIC ASSESSMENT AND LOCAL EDU2 CATIONAL AGENCY AND SCHOOL IMPROVE3 MENT; SCHOOL SUPPORT AND RECOGNITION. 

4 The Act is amended by repealing sections 1116 and 

5 1117 (20 U.S.C. 6316; 6317). 

6 SEC. 118. PARENTAL INVOLVEMENT. 

7 Section 1118 (20 U.S.C. 6318) is amended— 

8 (1) by striking ‘‘part’’ each place such term ap9 pears and inserting ‘‘subpart’’; 

10 (2) in subsection (a)— 

11 (A) in paragraph (2)— 

12 (i) in subparagraph (A), by striking ‘‘, 

13 and’’ and all that follows through ‘‘1116’’; 

14 and 

15 (ii) in subparagraph (D), by striking 

16 ‘‘, such as’’ and all that follows through 

17 ‘‘preschool programs’’; and 

18 (B) in paragraph (3)(A), by striking ‘‘sub19 part 2 of this part’’ each place it appears and 

20 inserting ‘‘chapter B of this subpart’’; 

21 (3) by amending subsection (c)(4)(B) to read as 

22 follows: 

23 ‘‘(B) a description and explanation of the 

24 curriculum in use at the school and the forms of 

25 academic assessment used to measure student 

26 progress; and’’; 
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1 (4) in subsection (d)(1), by striking ‘‘student 

2 academic achievement’’ and inserting ‘‘academic’’; 

3 (5) in subsection (e)— 

4 (A) in paragraph (1), by striking ‘‘State’s 

5 academic content standards and State student 

6 academic achievement standards’’ and inserting 

7 ‘‘State’s academic standards’’; 

8 (B) in paragraph (3)— 

9 (i) by striking ‘‘pupil services per10 sonnel,’’ and inserting ‘‘specialized instruc11 tional support personnel,’’; and 

12 (ii) by striking ‘‘principals,’’ and in13 serting ‘‘school leaders,’’; and 

14 (C) in paragraph (4), by striking ‘‘Head 

15 Start, Reading First, Early Reading First, Even 

16 Start, the Home Instruction Programs for Pre17 school Youngsters, the Parents as Teachers Pro18 gram, and public preschool and other’’ and in19 serting ‘‘other Federal, State, and local’’; and 

20 (6) by amending subsection (g) to read as fol21 lows: 

22 ‘‘(g) FAMILY ENGAGEMENT IN EDUCATION PRO23 GRAMS.—In a State operating a program under subpart 

24 3 of part A of title III, each local educational agency or 

25 school that receives assistance under this subpart shall in-
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1 form such parents and organizations of the existence of such 

2 programs.’’. 

3 SEC. 119. QUALIFICATIONS FOR PARAPROFESSIONALS. 

4 Section 1119 of the Elementary and Secondary Edu5 cation Act of 1965 (20 U.S.C. 6319) is amended— 

6 (1) by striking subsections (a), (b), (d), (i), (j), 

7 (k), and (l); 

8 (2) by redesignating subsection (c) as subsection 

9 (a); 

10 (3) by redesignating subsections (e) through (h) 

11 as subsections (b) through (e), respectively; 

12 (4) in subsection (a), as redesignated by para13 graph (2), by striking ‘‘hired after the date of enact14 ment of the No Child Left Behind Act of 2001 and’’; 

15 (5) in subsection (b), as redesignated by para16 graph (3), by striking ‘‘Subsections (c) and (d)’’ and 

17 inserting ‘‘Subsection (a)’’; and 

18 (6) in the section heading, by striking ‘‘TEACH19 ERS AND’’. 

20 SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRI21 VATE SCHOOLS. 

22 Section 1120 (20 U.S.C. 6320) is amended to read as 

23 follows: 
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1 ‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN 

2 PRIVATE SCHOOLS. 

3 ‘‘(a) GENERAL REQUIREMENT.— 

4 ‘‘(1) IN GENERAL.—To the extent consistent with 

5 the number of eligible children identified under sec6 tion 1115(b) in the school district served by a local 

7 educational agency who are enrolled in private ele8 mentary schools and secondary schools, a local edu9 cational agency shall— 

10 ‘‘(A) after timely and meaningful consulta11 tion with appropriate private school officials or 

12 representatives, provide such service, on an equi13 table basis and individually or in combination, 

14 as requested by the officials or representatives to 

15 best meet the needs of such children, special edu16 cational services, instructional services (includ17 ing evaluations to determine students’ progress 

18 in their academic needs), counseling, mentoring, 

19 one-on-one tutoring, or other benefits under this 

20 subpart (such as dual enrollment, educational 

21 radio and television, computer equipment and 

22 materials, other technology, and mobile edu23 cational services and equipment) that address 

24 their needs; and 

25 ‘‘(B) ensure that teachers and families of 

26 the children participate, on an equitable basis, 
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1 in services and activities developed pursuant to 

2 this subpart. 

3 ‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.— 

4 Such educational services or other benefits, including 

5 materials and equipment, shall be secular, neutral, 

6 and nonideological. 

7 ‘‘(3) EQUITY.— 

8 ‘‘(A) IN GENERAL.—Educational services 

9 and other benefits for such private school chil10 dren shall be equitable in comparison to services 

11 and other benefits for public school children par12 ticipating under this subpart, and shall be pro13 vided in a timely manner. 

14 ‘‘(B) OMBUDSMAN.—To help ensure such eq15 uity for such private school children, teachers, 

16 and other educational personnel, the State edu17 cational agency involved shall designate an om18 budsman to monitor and enforce the require19 ments of this subpart. 

20 ‘‘(4) EXPENDITURES.— 

21 ‘‘(A) IN GENERAL.—Expenditures for edu22 cational services and other benefits to eligible 

23 private school children shall be equal to the ex24 penditures for participating public school chil25 dren, taking into account the number, and edu-
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1 cational needs, of the children to be served. The 

2 share of funds shall be determined based on the 

3 total allocation received by the local educational 

4 agency prior to any allowable expenditures au5 thorized under this title. 

6 ‘‘(B) OBLIGATION OF FUNDS.—Funds allo7 cated to a local educational agency for edu8 cational services and other benefits to eligible 

9 private school children shall— 

10 ‘‘(i) be obligated in the fiscal year for 

11 which the funds are received by the agency; 

12 and 

13 ‘‘(ii) with respect to any such funds 

14 that cannot be so obligated, be used to serve 

15 such children in the following fiscal year. 

16 ‘‘(C) NOTICE OF ALLOCATION.—Each State 

17 educational agency shall— 

18 ‘‘(i) determine, in a timely manner, 

19 the proportion of funds to be allocated to 

20 each local educational agency in the State 

21 for educational services and other benefits 

22 under this subpart to eligible private school 

23 children; and 

24 ‘‘(ii) provide notice, simultaneously, to 

25 each such local educational agency and the 
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1 appropriate private school officials or their 

2 representatives in the State of such alloca3 tion of funds. 

4 ‘‘(5) PROVISION OF SERVICES.—The local edu5 cational agency or, in a case described in subsection 

6 (b)(6)(C), the State educational agency involved, may 

7 provide services under this section directly or through 

8 contracts with public or private agencies, organiza9 tions, and institutions. 

10 ‘‘(b) CONSULTATION.— 

11 ‘‘(1) IN GENERAL.—To ensure timely and mean12 ingful consultation, a local educational agency shall 

13 consult with appropriate private school officials or 

14 representatives during the design and development of 

15 such agency’s programs under this subpart in order 

16 to reach an agreement between the agency and the of17 ficials or representatives about equitable and effective 

18 programs for eligible private school children, the re19 sults of which shall be transmitted to the designated 

20 ombudsmen under section 1120(a)(3)(B). Such proc21 ess shall include consultation on issues such as— 

22 ‘‘(A) how the children’s needs will be identi23 fied; 

24 ‘‘(B) what services will be offered; 
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1 ‘‘(C) how, where, and by whom the services 

2 will be provided; 

3 ‘‘(D) how the services will be academically 

4 assessed and how the results of that assessment 

5 will be used to improve those services; 

6 ‘‘(E) the size and scope of the equitable serv7 ices to be provided to the eligible private school 

8 children, and the proportion of funds that is al9 located under subsection (a)(4)(A) for such serv10 ices, how that proportion of funds is determined 

11 under such subsection, and an itemization of the 

12 costs of the services to be provided; 

13 ‘‘(F) the method or sources of data that are 

14 used under subsection (c) and section 1113(c)(1) 

15 to determine the number of children from low-in16 come families in participating school attendance 

17 areas who attend private schools; 

18 ‘‘(G) how and when the agency will make 

19 decisions about the delivery of services to such 

20 children, including a thorough consideration and 

21 analysis of the views of the private school offi22 cials or representatives on the provision of serv23 ices through a contract with potential third24 party providers; 
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1 ‘‘(H) how, if the agency disagrees with the 

2 views of the private school officials or representa3 tives on the provision of services through a con4 tract, the local educational agency will provide 

5 in writing to such private school officials an 

6 analysis of the reasons why the local educational 

7 agency has chosen not to use a contractor; 

8 ‘‘(I) whether the agency will provide serv9 ices under this section directly or through con10 tracts with public and private agencies, organi11 zations, and institutions; 

12 ‘‘(J) whether to provide equitable services to 

13 eligible private school children— 

14 ‘‘(i) by creating a pool or pools of 

15 funds with all of the funds allocated under 

16 subsection (a)(4) based on all the children 

17 from low-income families who attend pri18 vate schools in a participating school at19 tendance area of the agency from which the 

20 local educational agency will provide such 

21 services to all such children; or 

22 ‘‘(ii) by providing such services to eli23 gible children in each private school in the 

24 agency’s participating school attendance 

25 area with the proportion of funds allocated 
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1 under subsection (a)(4) based on the number 

2 of children from low-income families who 

3 attend such school; 

4 ‘‘(K) at what time and where services will 

5 be provided; and 

6 ‘‘(L) whether to consolidate and use funds 

7 under this subpart to provide schoolwide pro8 grams for a private school. 

9 ‘‘(2) DISAGREEMENT.—If a local educational 

10 agency disagrees with the views of private school offi11 cials or representatives with respect to an issue de12 scribed in paragraph (1), the local educational agency 

13 shall provide in writing to such private school offi14 cials an analysis of the reasons why the local edu15 cational agency has chosen not to adopt the course of 

16 action requested by such officials. 

17 ‘‘(3) TIMING.—Such consultation shall include 

18 meetings of agency and private school officials or rep19 resentatives and shall occur before the local edu20 cational agency makes any decision that affects the 

21 opportunities of eligible private school children to 

22 participate in programs under this subpart. Such 

23 meetings shall continue throughout implementation 

24 and assessment of services provided under this section. 
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1 ‘‘(4) DISCUSSION.—Such consultation shall in2 clude a discussion of service delivery mechanisms a 

3 local educational agency can use to provide equitable 

4 services to eligible private school children. 

5 ‘‘(5) DOCUMENTATION.—Each local educational 

6 agency shall maintain in the agency’s records and 

7 provide to the State educational agency involved a 

8 written affirmation signed by officials or representa9 tives of each participating private school that the 

10 meaningful consultation required by this section has 

11 occurred. The written affirmation shall provide the 

12 option for private school officials or representatives to 

13 indicate that timely and meaningful consultation has 

14 not occurred or that the program design is not equi15 table with respect to eligible private school children. 

16 If such officials or representatives do not provide such 

17 affirmation within a reasonable period of time, the 

18 local educational agency shall forward the documenta19 tion that such consultation has, or attempts at such 

20 consultation have, taken place to the State edu21 cational agency. 

22 ‘‘(6) COMPLIANCE.— 

23 ‘‘(A) IN GENERAL.—A private school official 

24 shall have the right to file a complaint with the 

25 State educational agency that the local edu-
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1 cational agency did not engage in consultation 

2 that was meaningful and timely, did not give 

3 due consideration to the views of the private 

4 school official, or did not treat the private school 

5 or its students equitably as required by this sec6 tion. 

7 ‘‘(B) PROCEDURE.—If the private school of8 ficial wishes to file a complaint, the official shall 

9 provide the basis of the noncompliance with this 

10 section by the local educational agency to the 

11 State educational agency, and the local edu12 cational agency shall forward the appropriate 

13 documentation to the State educational agency. 

14 ‘‘(C) STATE EDUCATIONAL AGENCIES.—A 

15 State educational agency shall provide services 

16 under this section directly or through contracts 

17 with public or private agencies, organizations, 

18 and institutions, if— 

19 ‘‘(i) the appropriate private school offi20 cials or their representatives have— 

21 ‘‘(I) requested that the State edu22 cational agency provide such services 

23 directly; and 
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1 ‘‘(II) demonstrated that the local 

2 educational agency involved has not 

3 met the requirements of this section; or 

4 ‘‘(ii) in a case in which— 

5 ‘‘(I) a local educational agency 

6 has more than 10,000 children from 

7 low-income families who attend private 

8 elementary schools or secondary schools 

9 in a participating school attendance 

10 area of the agency that are not being 

11 served by the agency’s program under 

12 this section; or 

13 ‘‘(II) 90 percent of the eligible 

14 private school students in a partici15 pating school attendance area of the 

16 agency are not being served by the 

17 agency’s program under this section. 

18 ‘‘(c) ALLOCATION FOR EQUITABLE SERVICE TO PRI19 VATE SCHOOL STUDENTS.— 

20 ‘‘(1) CALCULATION.—A local educational agency 

21 shall have the final authority, consistent with this sec22 tion, to calculate the number of children, ages 5 

23 through 17, who are from low-income families and at24 tend private schools by— 
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1 ‘‘(A) using the same measure of low income 

2 used to count public school children; 

3 ‘‘(B) using the results of a survey that, to 

4 the extent possible, protects the identity of fami5 lies of private school students, and allowing such 

6 survey results to be extrapolated if complete ac7 tual data are unavailable; 

8 ‘‘(C) applying the low-income percentage of 

9 each participating public school attendance area, 

10 determined pursuant to this section, to the num11 ber of private school children who reside in that 

12 school attendance area; or 

13 ‘‘(D) using an equated measure of low in14 come correlated with the measure of low income 

15 used to count public school children. 

16 ‘‘(2) COMPLAINT PROCESS.—Any dispute regard17 ing low-income data for private school students shall 

18 be subject to the complaint process authorized in sec19 tion 6503. 

20 ‘‘(d) PUBLIC CONTROL OF FUNDS.— 

21 ‘‘(1) IN GENERAL.—The control of funds pro22 vided under this subpart, and title to materials, 

23 equipment, and property purchased with such funds, 

24 shall be in a public agency, and a public agency shall 
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1 administer such funds, materials, equipment, and 

2 property. 

3 ‘‘(2) PROVISION OF SERVICES.— 

4 ‘‘(A) PROVIDER.—The provision of services 

5 under this section shall be provided— 

6 ‘‘(i) by employees of a public agency; 

7 or 

8 ‘‘(ii) through a contract by such public 

9 agency with an individual, association, 

10 agency, or organization. 

11 ‘‘(B) REQUIREMENT.—In the provision of 

12 such services, such employee, individual, associa13 tion, agency, or organization shall be inde14 pendent of such private school and of any reli15 gious organization, and such employment or con16 tract shall be under the control and supervision 

17 of such public agency. 

18 ‘‘(e) STANDARDS FOR A BYPASS.—If a local edu19 cational agency is prohibited by law from providing for the 

20 participation in programs on an equitable basis of eligible 

21 children enrolled in private elementary schools and sec22 ondary schools, or if the Secretary determines that a local 

23 educational agency has substantially failed or is unwilling 

24 to provide for such participation, as required by this sec25 tion, the Secretary shall— 
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1 ‘‘(1) waive the requirements of this section for 

2 such local educational agency; 

3 ‘‘(2) arrange for the provision of services to such 

4 children through arrangements that shall be subject to 

5 the requirements of this section and sections 6503 and 

6 6504; and 

7 ‘‘(3) in making the determination under this 

8 subsection, consider one or more factors, including the 

9 quality, size, scope, and location of the program and 

10 the opportunity of eligible children to participate.’’. 

11 SEC. 121. FISCAL REQUIREMENTS. 

12 Section 1120A (20 U.S.C. 6321) is amended— 

13 (1) by striking ‘‘part’’ each place it appears and 

14 inserting ‘‘subpart’’; and 

15 (2) by striking subsection (a) and redesignating 

16 subsections (b), (c), and (d) as subsections (a), (b), 

17 and (c), respectively. 

18 SEC. 122. COORDINATION REQUIREMENTS. 

19 Section 1120B (20 U.S.C. 6322) is amended— 

20 (1) by striking ‘‘part’’ each place it appears and 

21 inserting ‘‘subpart’’; 

22 (2) in subsection (a)— 

23 (A) by striking ‘‘such as the Early Reading 

24 First program’’; and 
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1 (B) by adding at the end the following new 

2 sentence: ‘‘Each local educational agency shall 

3 develop agreements with such Head Start agen4 cies and other entities to carry out such activi5 ties.’’; and 

6 (3) in subsection (b)— 

7 (A) in the matter preceding paragraph (1), 

8 by striking ‘‘, such as the Early Reading First 

9 program,’’; 

10 (B) in paragraphs (1) through (3), by strik11 ing ‘‘such as the Early Reading First program’’ 

12 each place it appears; 

13 (C) in paragraph (4), by striking ‘‘Early 

14 Reading First program staff,’’; and 

15 (D) in paragraph (5), by striking ‘‘and en16 tities carrying out Early Reading First pro17 grams’’. 

18 SEC. 123. GRANTS FOR THE OUTLYING AREAS AND THE 

19 SECRETARY OF THE INTERIOR. 

20 Section 1121 (20 U.S.C. 6331) is amended— 

21 (1) in subsection (a), by striking ‘‘appropriated 

22 for payments to States for any fiscal year under sec23 tion 1002(a) and 1125A(f)’’ and inserting ‘‘reserved 

24 for this chapter under section 1122(a)’’; 

25 (2) in subsection (b)— 
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1 (A) in paragraph (2), by striking ‘‘the No 

2 Child Left Behind Act of 2001’’ and inserting 

3 ‘‘the Student Success Act’’; and 

4 (B) in paragraph (3)— 

5 (i) in subparagraph (B), by striking 

6 ‘‘basis,’’ and all that follows through the pe7 riod at the end and inserting ‘‘basis.’’; 

8 (ii) in subparagraph (C)(ii), by strik9 ing ‘‘challenging State academic content 

10 standards’’ and inserting ‘‘State academic 

11 standards’’; and 

12 (iii) by striking subparagraph (D); 

13 and 

14 (3) in subsection (d)(2), by striking ‘‘part’’ and 

15 inserting ‘‘subpart’’. 

16 SEC. 124. ALLOCATIONS TO STATES. 

17 Section 1122 (20 U.S.C. 6332) is amended— 

18 (1) by amending subsection (a) to read as fol19 lows: 

20 ‘‘(a) RESERVATION.— 

21 ‘‘(1) IN GENERAL.—From the amounts appro22 priated under section 3(a)(1), the Secretary shall re23 serve 91.44 percent of such amounts to carry out this 

24 chapter. 
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1 ‘‘(2) ALLOCATION FORMULA.—Of the amount re2 served under paragraph (1) for each of fiscal years 

3 2016 to 2019 (referred to in this subsection as the 

4 current fiscal year)— 

5 ‘‘(A) an amount equal to the amount made 

6 available to carry out section 1124 for fiscal year 

7 2001 shall be used to carry out section 1124; 

8 ‘‘(B) an amount equal to the amount made 

9 available to carry out section 1124A for fiscal 

10 year 2001 shall be used to carry out section 

11 1124A; and 

12 ‘‘(C) an amount equal to 100 percent of the 

13 amount, if any, by which the total amount made 

14 available to carry out this chapter for the fiscal 

15 year for which the determination is made exceeds 

16 the total amount available to carry out sections 

17 1124 and 1124A for fiscal year 2001 shall be 

18 used to carry out sections 1125 and 1125A and 

19 such amount shall be divided equally between 

20 sections 1125 and 1125A.’’; 

21 (2) in subsection (b)(1), by striking ‘‘subpart’’ 

22 and inserting ‘‘chapter’’; 

23 (3) in subsection (c)(3), by striking ‘‘part’’ and 

24 inserting ‘‘subpart’’; and 
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1 (4) in subsection (d)(1), by striking ‘‘subpart’’ 

2 and inserting ‘‘chapter’’. 

3 SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN4 CIES. 

5 Section 1124 (20 U.S.C. 6333) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (3)— 

8 (i) in subparagraph (B), by striking 

9 ‘‘subpart’’ and inserting ‘‘chapter’’; and 

10 (ii) in subparagraph (C)(i), by strik11 ing ‘‘subpart’’ and inserting ‘‘chapter’’; and 

12 (B) in paragraph (4)(C), by striking ‘‘sub13 part’’ each place it appears and inserting ‘‘chap14 ter’’; and 

15 (2) in subsection (c)— 

16 (A) in paragraph (1)(B), by striking ‘‘sub17 part 1 of part D’’ and inserting ‘‘chapter A of 

18 subpart 3’’; and 

19 (B) in paragraph (2), by striking ‘‘part’’ 

20 and inserting ‘‘subpart’’. 

21 SEC. 126. TARGETED GRANTS TO LOCAL EDUCATIONAL 

22 AGENCIES. 

23 Section 1125 (20 U.S.C. 6335) is amended— 

24 (1) in subsection (c)(2)— 

25 (A) in subparagraph (B)— 
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1 (i) in clause (i), by striking ‘‘15.58’’ 

2 and inserting ‘‘15.59’’; 

3 (ii) in clause (ii)— 

4 (I) by striking ‘‘15.58’’ and in5 serting ‘‘15.59’’; and 

6 (II) by striking ‘‘22.11’’ and in7 serting ‘‘22.12’’; 

8 (iii) in clause (iii)— 

9 (I) by striking ‘‘22.11’’ and in10 serting ‘‘22.12’’; and 

11 (II) by striking ‘‘30.16’’ and in12 serting ‘‘30.17’’; 

13 (iv) in clause (iv)— 

14 (I) by striking ‘‘30.16’’ and in15 serting ‘‘30.17’’; and 

16 (II) by striking ‘‘38.24’’ and in17 serting ‘‘38.25’’; and 

18 (v) in clause (v), by striking ‘‘38.24’’ 

19 and inserting ‘‘38.25’’; 

20 (B) in subparagraph (C)— 

21 (i) in clause (i), by striking ‘‘691’’ and 

22 inserting ‘‘692’’; 

23 (ii) in clause (ii)— 

24 (I) by striking ‘‘692’’ and insert25 ing ‘‘693’’; and 
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1 (II) by striking ‘‘2,262’’ and in2 serting ‘‘2,263’’; 

3 (iii) in clause (iii)— 

4 (I) by striking ‘‘2,263’’ and in5 serting ‘‘2,264’’; and 

6 (II) by striking ‘‘7,851’’ and in7 serting ‘‘7,852’’; 

8 (iv) in clause (iv)— 

9 (I) by striking ‘‘7,852’’ and in10 serting ‘‘7,853’’; and 

11 (II) by striking ‘‘35,514’’ and in12 serting ‘‘35,515’’; and 

13 (v) in clause (v), by striking ‘‘35,514’’ 

14 and inserting ‘‘35,515’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(f) APPLICATION.— 

17 ‘‘(1) IN GENERAL.—The percentage and number 

18 ranges described in subparagraphs (B) and (C) of 

19 subsection (c)(2) shall be applied with respect to fiscal 

20 years 2016, 2017, 2018, 2019, 2020, and 2021 as such 

21 percentages and numbers were in effect on the day be22 fore the date of the enactment of the Student Success 

23 Act. 

24 ‘‘(2) SECRETARY’S CERTIFICATION.—For fiscal 

25 year 2022 and each subsequent fiscal year, the per-
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1 centage and number ranges described in subpara2 graphs (B) and (C) of subsection (c)(2) shall be ap3 plied as such percentages and numbers were in effect 

4 on the day before the date of the enactment of the Stu5 dent Success Act unless the Secretary certifies that 

6 amendments made to such percentages and numbers 

7 by the Student Success Act will not result in harm 

8 to any school district.’’. 

9 SEC. 127. ADEQUACY OF FUNDING TO LOCAL EDUCATIONAL 

10 AGENCIES IN FISCAL YEARS AFTER FISCAL 

11 YEAR 2001. 

12 Section 1125AA (20 U.S.C. 6336) is amended to read 

13 as follows: 

14 ‘‘SEC. 1125AA. ADEQUACY OF FUNDING TO LOCAL EDU15 CATIONAL AGENCIES IN FISCAL YEARS AFTER 

16 FISCAL YEAR 2001. 

17 ‘‘(a) LIMITATION OF ALLOCATION.—Pursuant to sec18 tion 1122, the total amount allocated in any fiscal year 

19 after fiscal year 2001 for programs and activities under this 

20 subpart shall not exceed the amount allocated in fiscal year 

21 2001 for such programs and activities unless the amount 

22 available for targeted grants to local educational agencies 

23 under section 1125 in the applicable fiscal year meets the 

24 requirements of section 1122(a). 
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1 ‘‘(b) FINDINGS.—Congress makes the following find2 ings: 

3 ‘‘(1) The formulas for distributing Targeted and 

4 Education Finance Incentive grants use two 

5 weighting systems, one based on the percentage of the 

6 aged 5-17 population in a local educational agency 

7 that is eligible to receive funds under this title (per8 centage weighting), and another based on the absolute 

9 number of such students (number weighting). Which10 ever of these weighting systems results in the highest 

11 total weighted formula student count for a local edu12 cational agency is the weighting system used for that 

13 agency in the final allocation of Targeted and Edu14 cation Finance Incentive Grant funds. 

15 ‘‘(2) The Congressional Research Service has 

16 said the number weighting alternative is generally 

17 more favorable to large local educational agencies 

18 with much larger counts of eligible children, but not 

19 necessarily higher concentrations, weighted at the 

20 highest point in the scale than smaller local edu21 cational agencies with smaller counts, but higher con22 centrations, of eligible children. 

23 ‘‘(3) The current percentage and number 

24 weighting scales are based on the most current data 
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1 available in 2001 on the distribution of eligible chil2 dren across local educational agencies. 

3 ‘‘(4) Prior to the date of the enactment of the 

4 Student Success Act, Congress expects updated data to 

5 be available, which will provide Congress an oppor6 tunity to update these scales based on such data. 

7 ‘‘(5) When these scales are updated, Congress has 

8 a further obligation to evaluate the use of percentage 

9 and number weighting to ensure the most equitable 

10 distribution of Targeted and Education Finance In11 centive Grant funds to local educational agencies.’’. 

12 SEC. 128. EDUCATION FINANCE INCENTIVE GRANT PRO13 GRAM. 

14 Section 1125A (20 U.S.C. 6337) is amended— 

15 (1) by striking ‘‘part’’ each place it appears and 

16 inserting ‘‘subpart’’; 

17 (2) in subsection (b)(1)— 

18 (A) in subparagraph (A), by striking ‘‘ap19 propriated pursuant to subsection (f)’’ and in20 serting ‘‘made available for any fiscal year to 

21 carry out this section’’; and 

22 (B) in subparagraph (B)(i), by striking 

23 ‘‘total appropriations’’ and inserting ‘‘the total 

24 amount reserved under section 1122(a) to carry 

25 out this section’’; 
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1 (3) by striking subsections (a), (e), and (f) and 

2 redesignating subsections (b), (c), (d), and (g) as sub3 sections (a), (b), (c), and (d), respectively; 

4 (4) in subsection (b), as so redesignated, by re5 designating subparagraphs (A) and (B) as para6 graphs (1) and (2), respectively; 

7 (5) in subsection (c), as so redesignated— 

8 (A) in paragraph (1)(B)— 

9 (i) in clause (ii)— 

10 (I) in subclause (I), by striking 

11 ‘‘15.58’’ and inserting ‘‘15.59’’; 

12 (II) in subclause (II)— 

13 (aa) by striking ‘‘15.58’’ and 

14 inserting ‘‘15.59’’; and 

15 (bb) by striking ‘‘22.11’’ and 

16 inserting ‘‘22.12’’; 

17 (III) in subclause (III)— 

18 (aa) by striking ‘‘22.11’’ and 

19 inserting ‘‘22.12’’; and 

20 (bb) by striking ‘‘30.16’’ and 

21 inserting ‘‘30.17’’; 

22 (IV) in subclause (IV)— 

23 (aa) by striking ‘‘30.16’’ and 

24 inserting ‘‘30.17’’; and 
104 

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1 (bb) by striking ‘‘38.24’’ and 

2 inserting ‘‘38.25’’; and 

3 (V) in subclause (V), by striking 

4 ‘‘38.24’’ and inserting ‘‘38.25’’; and 

5 (ii) in clause (iii)— 

6 (I) in subclause (I), by striking 

7 ‘‘691’’ and inserting ‘‘692’’; 

8 (II) in subclause (II)— 

9 (aa) by striking ‘‘692’’ and 

10 inserting ‘‘693’’; and 

11 (bb) by striking ‘‘2,262’’ and 

12 inserting ‘‘2,263’’; 

13 (III) in subclause (III)— 

14 (aa) by striking ‘‘2,263’’ and 

15 inserting ‘‘2,264’’; and 

16 (bb) by striking ‘‘7,851’’ and 

17 inserting ‘‘7,852’’; 

18 (IV) in subclause (IV)— 

19 (aa) by striking ‘‘7,852’’ and 

20 inserting ‘‘7,853’’; and 

21 (bb) by striking ‘‘35,514’’ 

22 and inserting ‘‘35,515’’; and 

23 (V) in subclause (V), by striking 

24 ‘‘35,514’’ and inserting ‘‘35,515’’; 

25 (B) in paragraph (2)(B)— 
105 

•S 1177 EAH 

1 (i) in clause (ii)— 

2 (I) in subclause (I), by striking 

3 ‘‘15.58’’ and inserting ‘‘15.59’’; 

4 (II) in subclause (II)— 

5 (aa) by striking ‘‘15.58’’ and 

6 inserting ‘‘15.59’’; and 

7 (bb) by striking ‘‘22.11’’ and 

8 inserting ‘‘22.12’’; 

9 (III) in subclause (III)— 

10 (aa) by striking ‘‘22.11’’ and 

11 inserting ‘‘22.12’’; and 

12 (bb) by striking ‘‘30.16’’ and 

13 inserting ‘‘30.17’’; 

14 (IV) in subclause (IV)— 

15 (aa) by striking ‘‘30.16’’ and 

16 inserting ‘‘30.17’’; and 

17 (bb) by striking ‘‘38.24’’ and 

18 inserting ‘‘38.25’’; and 

19 (V) in subclause (V), by striking 

20 ‘‘38.24’’ and inserting ‘‘38.25’’; and 

21 (ii) in clause (iii)— 

22 (I) in subclause (I), by striking 

23 ‘‘691’’ and inserting ‘‘692’’; 

24 (II) in subclause (II)— 
106 

•S 1177 EAH 

1 (aa) by striking ‘‘692’’ and 

2 inserting ‘‘693’’; and 

3 (bb) by striking ‘‘2,262’’ and 

4 inserting ‘‘2,263’’; 

5 (III) in subclause (III)— 

6 (aa) by striking ‘‘2,263’’ and 

7 inserting ‘‘2,264’’; and 

8 (bb) by striking ‘‘7,851’’ and 

9 inserting ‘‘7,852’’; 

10 (IV) in subclause (IV)— 

11 (aa) by striking ‘‘7,852’’ and 

12 inserting ‘‘7,853’’; and 

13 (bb) by striking ‘‘35,514’’ 

14 and inserting ‘‘35,515’’; and 

15 (V) in subclause (V), by striking 

16 ‘‘35,514’’ and inserting ‘‘35,515’’; and 

17 (C) in paragraph (3)(B)— 

18 (i) in clause (ii)— 

19 (I) in subclause (I), by striking 

20 ‘‘15.58’’ and inserting ‘‘15.59’’; 

21 (II) in subclause (II)— 

22 (aa) by striking ‘‘15.58’’ and 

23 inserting ‘‘15.59’’; and 

24 (bb) by striking ‘‘22.11’’ and 

25 inserting ‘‘22.12’’; 
107 

•S 1177 EAH 

1 (III) in subclause (III)— 

2 (aa) by striking ‘‘22.11’’ and 

3 inserting ‘‘22.12’’; and 

4 (bb) by striking ‘‘30.16’’ and 

5 inserting ‘‘30.17’’; 

6 (IV) in subclause (IV)— 

7 (aa) by striking ‘‘30.16’’ and 

8 inserting ‘‘30.17’’; and 

9 (bb) by striking ‘‘38.24’’ and 

10 inserting ‘‘38.25’’; and 

11 (V) in subclause (V), by striking 

12 ‘‘38.24’’ and inserting ‘‘38.25’’; and 

13 (ii) in clause (iii)— 

14 (I) in subclause (I), by striking 

15 ‘‘691’’ and inserting ‘‘692’’; 

16 (II) in subclause (II)— 

17 (aa) by striking ‘‘692’’ and 

18 inserting ‘‘693’’; and 

19 (bb) by striking ‘‘2,262’’ and 

20 inserting ‘‘2,263’’; 

21 (III) in subclause (III)— 

22 (aa) by striking ‘‘2,263’’ and 

23 inserting ‘‘2,264’’; and 

24 (bb) by striking ‘‘7,851’’ and 

25 inserting ‘‘7,852’’; 
108 

•S 1177 EAH 

1 (IV) in subclause (IV)— 

2 (aa) by striking ‘‘7,852’’ and 

3 inserting ‘‘7,853’’; and 

4 (bb) by striking ‘‘35,514’’ 

5 and inserting ‘‘35,515’’; and 

6 (V) in subclause (V), by striking 

7 ‘‘35,514’’ and inserting ‘‘35,515’’; and 

8 (6) by adding at the end the following new sub9 section: 

10 ‘‘(e) APPLICATION.— 

11 ‘‘(1) IN GENERAL.—The percentage and number 

12 ranges described in clauses (ii) and (iii) of paragraph 

13 (1)(B), clauses (ii) and (iii) of paragraph (2)(B), and 

14 clauses (ii) and (iii) of paragraph (3)(B) shall be ap15 plied with respect to fiscal years 2016, 2017, 2018, 

16 2019, 2020, and 2021 as such percentages and num17 bers were in effect on the day before the date of the 

18 enactment of the Student Success Act. 

19 ‘‘(2) SECRETARY’S CERTIFICATION.—For fiscal 

20 year 2022 and each subsequent fiscal year, the per21 centage and number ranges described in clauses (ii) 

22 and (iii) of paragraph (1)(B), clauses (ii) and (iii) 

23 of paragraph (2)(B), and clauses (ii) and (iii) of 

24 paragraph (3)(B) shall be applied as such percentages 

25 and numbers were in effect on the day before the date 
109 

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1 of the enactment of the Student Success Act unless the 

2 Secretary certifies that amendments made to such 

3 percentages and numbers by the Student Success Act 

4 will not result in harm to any school district.’’. 

5 SEC. 129. CARRYOVER AND WAIVER. 

6 Section 1127 (20 U.S.C. 6339) is amended by striking 

7 ‘‘subpart’’ each place it appears and inserting ‘‘chapter’’. 

8 SEC. 130. TITLE I PORTABILITY. 

9 Chapter B of subpart 1 of part A of title I (20 U.S.C. 

10 6331 et seq.) is amended by adding at the end the following 

11 new section: 

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

13 CHILD STATE OPTION. 

14 ‘‘(a) IN GENERAL.—Notwithstanding any other provi15 sion of law and to the extent permitted under State law, 

16 a State educational agency may allocate grant funds under 

17 this chapter among the local educational agencies in the 

18 State based on the number of eligible children enrolled in 

19 the public schools served by each local educational agency. 

20 ‘‘(b) ELIGIBLE CHILD.— 

21 ‘‘(1) DEFINITION.—In this section, the term ‘eli22 gible child’ means a child aged 5 to 17, inclusive, 

23 from a family with an income below the poverty level 

24 on the basis of the most recent satisfactory data pub25 lished by the Department of Commerce. 
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1 ‘‘(2) CRITERIA OF POVERTY.—In determining the 

2 families with incomes below the poverty level for the 

3 purposes of this section, a State educational agency 

4 shall use the criteria of poverty used by the Census 

5 Bureau in compiling the most recent decennial cen6 sus, as the criteria have been updated by increases in 

7 the Consumer Price Index for All Urban Consumers, 

8 published by the Bureau of Labor Statistics. 

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

10 ‘‘(1) IDENTIFICATION OF ELIGIBLE CHILDREN.— 

11 On an annual basis, on a date to be determined by 

12 the State educational agency, each local educational 

13 agency that receives grant funding in accordance with 

14 subsection (a) shall inform the State educational 

15 agency of the number of eligible children enrolled in 

16 public schools served by the local educational agency. 

17 ‘‘(2) ALLOCATION TO LOCAL EDUCATIONAL AGEN18 CIES.—Based on the identification of eligible children 

19 in paragraph (1), the State educational agency shall 

20 provide to a local educational agency an amount 

21 equal to the sum of the amount available for each eli22 gible child in the State multiplied by the number of 

23 eligible children identified by the local educational 

24 agency under paragraph (1). 
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1 ‘‘(3) DISTRIBUTION TO SCHOOLS.—Each local 

2 educational agency that receives funds under para3 graph (2) shall distribute such funds to the public 

4 schools served by the local educational agency— 

5 ‘‘(A) based on the number of eligible chil6 dren enrolled in such schools; and 

7 ‘‘(B) in a manner that would, in the ab8 sence of such Federal funds, supplement the 

9 funds made available from non-Federal resources 

10 for the education of pupils participating in pro11 grams under this subpart, and not to supplant 

12 such funds.’’. 

13 Subtitle C—Additional Aid to 

14 States and School Districts 

15 SEC. 131. ADDITIONAL AID. 

16 (a) IN GENERAL.—Title I (20 U.S.C. 6301 et seq.), 

17 as amended by the preceding provisions of this Act, is fur18 ther amended— 

19 (1) by striking parts B through D and F through 

20 H; and 

21 (2) by inserting after subpart 1 of part A the fol22 lowing: 

23 ‘‘Subpart 2—Education of Migratory Children 

24 ‘‘SEC. 1131. PROGRAM PURPOSES. 

25 ‘‘The purposes of this subpart are as follows: 
112 

•S 1177 EAH 

1 ‘‘(1) To assist States in supporting high-quality 

2 and comprehensive educational programs and services 

3 during the school year, and as applicable, during 

4 summer or intercession periods, that address the 

5 unique educational needs of migratory children. 

6 ‘‘(2) To ensure that migratory children who 

7 move among the States, not be penalized in any man8 ner by disparities among the States in curriculum, 

9 graduation requirements, and State academic stand10 ards. 

11 ‘‘(3) To help such children succeed in school, 

12 meet the State academic standards that all children 

13 are expected to meet, and graduate from high school 

14 prepared for postsecondary education and the work15 force without the need for remediation. 

16 ‘‘(4) To help such children overcome educational 

17 disruption, cultural and language barriers, social iso18 lation, various health-related problems, and other fac19 tors that inhibit the ability of such children to succeed 

20 in school. 

21 ‘‘(5) To help such children benefit from State 

22 and local systemic reforms. 
113 

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1 ‘‘SEC. 1132. PROGRAM AUTHORIZED. 

2 ‘‘(a) IN GENERAL.—From the amounts appropriated 

3 under section 3(a)(1), the Secretary shall reserve 2.45 per4 cent to carry out this subpart. 

5 ‘‘(b) GRANTS AWARDED.—From the amounts reserved 

6 under subsection (a) and not reserved under section 1138(c), 

7 the Secretary shall make allotments for the fiscal year to 

8 State educational agencies, or consortia of such agencies, 

9 to establish or improve, directly or through local operating 

10 agencies, programs of education for migratory children in 

11 accordance with this subpart. 

12 ‘‘SEC. 1133. STATE ALLOCATIONS. 

13 ‘‘(a) STATE ALLOCATIONS.—Except as provided in 

14 subsection (c), each State (other than the Commonwealth 

15 of Puerto Rico) is entitled to receive under this subpart an 

16 amount equal to the product of— 

17 ‘‘(1) the sum of— 

18 ‘‘(A) the average number of identified eligi19 ble full-time equivalent migratory children aged 

20 3 through 21 residing in the State, based on data 

21 for the preceding 3 years; and 

22 ‘‘(B) the number of identified eligible mi23 gratory children, aged 3 through 21, who re24 ceived services under this subpart in summer or 

25 intersession programs provided by the State dur26 ing the previous year; multiplied by 
114 

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1 ‘‘(2) 40 percent of the average per-pupil expendi2 ture in the State, except that the amount determined 

3 under this paragraph shall not be less than 32 per4 cent, nor more than 48 percent, of the average per5 pupil expenditure in the United States. 

6 ‘‘(b) HOLD HARMLESS.—Notwithstanding subsection 

7 (a), for each of fiscal years 2016 through 2018, no State 

8 shall receive less than 90 percent of the State’s allocation 

9 under this section for the previous year. 

10 ‘‘(c) ALLOCATION TO PUERTO RICO.—For each fiscal 

11 year, the grant which the Commonwealth of Puerto Rico 

12 shall be eligible to receive under this subpart shall be the 

13 amount determined by multiplying the number of children 

14 who would be counted under subsection (a)(1) if such sub15 section applied to the Commonwealth of Puerto Rico by the 

16 product of— 

17 ‘‘(1) the percentage that the average per-pupil 

18 expenditure in the Commonwealth of Puerto Rico is 

19 of the lowest average per-pupil expenditure of any of 

20 the 50 States, except that the percentage calculated 

21 under this subparagraph shall not be less than 85 

22 percent; and 

23 ‘‘(2) 32 percent of the average per-pupil expendi24 ture in the United States. 

25 ‘‘(d) RATABLE REDUCTIONS; REALLOCATIONS.— 
115 

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1 ‘‘(1) IN GENERAL.— 

2 ‘‘(A) RATABLE REDUCTIONS.—If, after the 

3 Secretary reserves funds under section 1138(c), 

4 the amount appropriated to carry out this sub5 part for any fiscal year is insufficient to pay in 

6 full the amounts for which all States are eligible, 

7 the Secretary shall ratably reduce each such 

8 amount. 

9 ‘‘(B) REALLOCATION.—If additional funds 

10 become available for making such payments for 

11 any fiscal year, the Secretary shall allocate such 

12 funds to States in amounts that the Secretary 

13 determines will best carry out the purpose of this 

14 subpart. 

15 ‘‘(2) SPECIAL RULE.— 

16 ‘‘(A) FURTHER REDUCTIONS.—The Sec17 retary shall further reduce the amount of any 

18 grant to a State under this subpart for any fis19 cal year if the Secretary determines, based on 

20 available information on the numbers and needs 

21 of migratory children in the State and the pro22 gram proposed by the State to address such 

23 needs, that such amount exceeds the amount re24 quired under section 1134. 
116 

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1 ‘‘(B) REALLOCATION.—The Secretary shall 

2 reallocate such excess funds to other States whose 

3 grants under this subpart would otherwise be in4 sufficient to provide an appropriate level of serv5 ices to migratory children, in such amounts as 

6 the Secretary determines are appropriate. 

7 ‘‘(e) CONSORTIUM ARRANGEMENTS.— 

8 ‘‘(1) IN GENERAL.—In the case of a State that 

9 receives a grant of $1,000,000 or less under this sec10 tion, the Secretary shall consult with the State edu11 cational agency to determine whether consortium ar12 rangements with another State or other appropriate 

13 entity would result in delivery of services in a more 

14 effective and efficient manner. 

15 ‘‘(2) PROPOSALS.—Any State, regardless of the 

16 amount of such State’s allocation, may submit a con17 sortium arrangement to the Secretary for approval. 

18 ‘‘(3) APPROVAL.—The Secretary shall approve a 

19 consortium arrangement under paragraph (1) or (2) 

20 if the proposal demonstrates that the arrangement 

21 will— 

22 ‘‘(A) reduce administrative costs or pro23 gram function costs for State programs; and 

24 ‘‘(B) make more funds available for direct 

25 services to add substantially to the educational 
117 

•S 1177 EAH 

1 achievement of children to be served under this 

2 subpart. 

3 ‘‘(f) DETERMINING NUMBERS OF ELIGIBLE CHIL4 DREN.—In order to determine the identified number of mi5 gratory children residing in each State for purposes of this 

6 section, the Secretary shall— 

7 ‘‘(1) use the most recent information that most 

8 accurately reflects the actual number of migratory 

9 children; 

10 ‘‘(2) develop and implement a procedure for 

11 monitoring the accuracy of such information; 

12 ‘‘(3) develop and implement a procedure for 

13 more accurately reflecting cost factors for different 

14 types of summer and intersession program designs; 

15 ‘‘(4) adjust the full-time equivalent number of 

16 migratory children who reside in each State to take 

17 into account— 

18 ‘‘(A) the unique needs of those children par19 ticipating in evidence-based or other effective 

20 special programs provided under this subpart 

21 that operate during the summer and intersession 

22 periods; and 

23 ‘‘(B) the additional costs of operating such 

24 programs; and 
118 

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1 ‘‘(5) conduct an analysis of the options for ad2 justing the formula so as to better direct services to 

3 migratory children, including the most at-risk migra4 tory children. 

5 ‘‘(g) NONPARTICIPATING STATES.—In the case of a 

6 State desiring to receive an allocation under this subpart 

7 for a fiscal year that did not receive an allocation for the 

8 previous fiscal year or that has been participating for less 

9 than 3 consecutive years, the Secretary shall calculate the 

10 State’s number of identified migratory children aged 3 

11 through 21 for purposes of subsection (a)(1)(A) by using 

12 the most recent data available that identifies the migratory 

13 children residing in the State until data is available to cal14 culate the 3-year average number of such children in ac15 cordance with such subsection. 

16 ‘‘SEC. 1134. STATE APPLICATIONS; SERVICES. 

17 ‘‘(a) APPLICATION REQUIRED.—Any State desiring to 

18 receive a grant under this subpart for any fiscal year shall 

19 submit an application to the Secretary at such time and 

20 in such manner as the Secretary may require. 

21 ‘‘(b) PROGRAM INFORMATION.—Each such application 

22 shall include— 

23 ‘‘(1) a description of how, in planning, imple24 menting, and evaluating programs and projects as25 sisted under this subpart, the State and its local oper-
119 

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1 ating agencies will ensure that the unique educational 

2 needs of migratory children, including preschool mi3 gratory children, are identified and addressed 

4 through— 

5 ‘‘(A) the full range of services that are 

6 available for migratory children from appro7 priate local, State, and Federal educational pro8 grams; 

9 ‘‘(B) joint planning among local, State, and 

10 Federal educational programs serving migratory 

11 children, including language instruction edu12 cational programs under chapter A of subpart 4; 

13 and 

14 ‘‘(C) the integration of services available 

15 under this subpart with services provided by 

16 those other programs; 

17 ‘‘(2) a description of the steps the State is taking 

18 to provide all migratory students with the oppor19 tunity to meet the same State academic standards 

20 that all children are expected to meet; 

21 ‘‘(3) a description of how the State will use 

22 funds received under this subpart to promote inter23 state and intrastate coordination of services for mi24 gratory children, including how the State will provide 

25 for educational continuity through the timely transfer 
120 

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1 of pertinent school records, including information on 

2 health, when children move from one school to an3 other, whether or not such a move occurs during the 

4 regular school year; 

5 ‘‘(4) a description of the State’s priorities for the 

6 use of funds received under this subpart, and how 

7 such priorities relate to the State’s assessment of 

8 needs for services in the State; 

9 ‘‘(5) a description of how the State will deter10 mine the amount of any subgrants the State will 

11 award to local operating agencies, taking into ac12 count the numbers and needs of migratory children, 

13 the requirements of subsection (d), and the avail14 ability of funds from other Federal, State, and local 

15 programs; and 

16 ‘‘(6) a description of how the State will encour17 age programs and projects assisted under this subpart 

18 to offer family literacy services if the programs and 

19 projects serve a substantial number of migratory chil20 dren whose parents do not have a regular high school 

21 diploma or its recognized equivalent or who have low 

22 levels of literacy. 

23 ‘‘(c) ASSURANCES.—Each such application shall also 

24 include assurances that— 
121 

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1 ‘‘(1) funds received under this subpart will be 

2 used only— 

3 ‘‘(A) for programs and projects, including 

4 the acquisition of equipment, in accordance with 

5 section 1136; and 

6 ‘‘(B) to coordinate such programs and 

7 projects with similar programs and projects 

8 within the State and in other States, as well as 

9 with other Federal programs that can benefit mi10 gratory children and their families; 

11 ‘‘(2) such programs and projects will be carried 

12 out in a manner consistent with the objectives of sec13 tion 1114, subsections (b) and (d) of section 1115, 

14 subsections (b) and (c) of section 1120A, and part C; 

15 ‘‘(3) in the planning and operation of programs 

16 and projects at both the State and local agency oper17 ating level, there is consultation with parents of mi18 gratory children for programs of not less than one 

19 school year in duration, and that all such programs 

20 and projects are carried out— 

21 ‘‘(A) in a manner that provides for the 

22 same parental involvement as is required for 

23 programs and projects under section 1118, unless 

24 extraordinary circumstances make such provi25 sion impractical; and 
122 

•S 1177 EAH 

1 ‘‘(B) in a format and language understand2 able to the parents; 

3 ‘‘(4) in planning and carrying out such pro4 grams and projects, there has been, and will be, ade5 quate provision for addressing the unmet education 

6 needs of preschool migratory children; 

7 ‘‘(5) the effectiveness of such programs and 

8 projects will be determined, where feasible, using the 

9 same approaches and standards that will be used to 

10 assess the performance of students, schools, and local 

11 educational agencies under subpart 1; 

12 ‘‘(6) to the extent feasible, such programs and 

13 projects will provide for— 

14 ‘‘(A) advocacy and outreach activities for 

15 migratory children and their families, including 

16 informing such children and families of, or help17 ing such children and families gain access to, 

18 other education, health, nutrition, and social 

19 services; 

20 ‘‘(B) professional development programs, in21 cluding mentoring, for teachers and other pro22 gram personnel; 

23 ‘‘(C) high-quality, evidence-based family lit24 eracy programs; 
123 

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1 ‘‘(D) the integration of information tech2 nology into educational and related programs; 

3 and 

4 ‘‘(E) programs to facilitate the transition of 

5 secondary school students to postsecondary edu6 cation or employment without the need for reme7 diation; and 

8 ‘‘(7) the State will assist the Secretary in deter9 mining the number of migratory children under 

10 paragraph (1) of section 1133(a). 

11 ‘‘(d) PRIORITY FOR SERVICES.—In providing services 

12 with funds received under this subpart, each recipient of 

13 such funds shall give priority to migratory children who 

14 are failing, or most at risk of failing, to meet the State’s 

15 academic standards under section 1111(b)(1). 

16 ‘‘(e) CONTINUATION OF SERVICES.—Notwithstanding 

17 any other provision of this subpart— 

18 ‘‘(1) a child who ceases to be a migratory child 

19 during a school term shall be eligible for services until 

20 the end of such term; 

21 ‘‘(2) a child who is no longer a migratory child 

22 may continue to receive services for one additional 

23 school year, but only if comparable services are not 

24 available through other programs; and 
124 

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1 ‘‘(3) secondary school students who were eligible 

2 for services in secondary school may continue to be 

3 served through credit accrual programs until gradua4 tion. 

5 ‘‘SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW. 

6 ‘‘The Secretary shall approve each State application 

7 that meets the requirements of this subpart, and may review 

8 any such application using a peer review process. 

9 ‘‘SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND 

10 SERVICE-DELIVERY PLAN; AUTHORIZED AC11 TIVITIES. 

12 ‘‘(a) COMPREHENSIVE PLAN.— 

13 ‘‘(1) IN GENERAL.—Each State that receives as14 sistance under this subpart shall ensure that the State 

15 and its local operating agencies identify and address 

16 the unique educational needs of migratory children in 

17 accordance with a comprehensive State plan that— 

18 ‘‘(A) is integrated with other programs 

19 under this Act or other Acts, as appropriate; 

20 ‘‘(B) may be submitted as a part of a con21 solidated application under section 6302, if— 

22 ‘‘(i) the unique needs of migratory 

23 children are specifically addressed in the 

24 comprehensive State plan; 
125 

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1 ‘‘(ii) the comprehensive State plan is 

2 developed in collaboration with parents of 

3 migratory children; and 

4 ‘‘(iii) the comprehensive State plan is 

5 not used to supplant State efforts regarding, 

6 or administrative funding for, this subpart; 

7 ‘‘(C) provides that migratory children will 

8 have an opportunity to meet the same State aca9 demic standards under section 1111(b)(1) that 

10 all children are expected to meet; 

11 ‘‘(D) specifies measurable program goals 

12 and outcomes; 

13 ‘‘(E) encompasses the full range of services 

14 that are available for migratory children from 

15 appropriate local, State, and Federal edu16 cational programs; 

17 ‘‘(F) is the product of joint planning among 

18 such local, State, and Federal programs, includ19 ing programs under subpart 1, early childhood 

20 programs, and language instruction educational 

21 programs under chapter A of subpart 4; and 

22 ‘‘(G) provides for the integration of services 

23 available under this subpart with services pro24 vided by such other programs. 
126 

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1 ‘‘(2) DURATION OF THE PLAN.—Each such com2 prehensive State plan shall— 

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

4 State’s participation under this subpart; and 

5 ‘‘(B) be periodically reviewed and revised 

6 by the State, as necessary, to reflect changes in 

7 the State’s strategies and programs under this 

8 subpart. 

9 ‘‘(b) AUTHORIZED ACTIVITIES.— 

10 ‘‘(1) FLEXIBILITY.—In implementing the com11 prehensive plan described in subsection (a), each 

12 State educational agency, where applicable through 

13 its local educational agencies, retains the flexibility to 

14 determine the activities to be provided with funds 

15 made available under this subpart, except that such 

16 funds first shall be used to meet the identified needs 

17 of migratory children that result from their migratory 

18 lifestyle, and to permit these children to participate 

19 effectively in school. 

20 ‘‘(2) UNADDRESSED NEEDS.—Funds provided 

21 under this subpart shall be used to address the needs 

22 of migratory children that are not addressed by serv23 ices available from other Federal or non-Federal pro24 grams, except that migratory children who are eligible 

25 to receive services under subpart 1 may receive those 
127 

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1 services through funds provided under that subpart, 

2 or through funds under this subpart that remain after 

3 the agency addresses the needs described in paragraph 

4 (1). 

5 ‘‘(3) CONSTRUCTION.—Nothing in this subpart 

6 shall be construed to prohibit a local educational 

7 agency from serving migratory children simulta8 neously with students with similar educational needs 

9 in the same educational settings, where appropriate. 

10 ‘‘SEC. 1137. BYPASS. 

11 ‘‘The Secretary may use all or part of any State’s allo12 cation under this subpart to make arrangements with any 

13 public or private agency to carry out the purpose of this 

14 subpart in such State if the Secretary determines that— 

15 ‘‘(1) the State is unable or unwilling to conduct 

16 educational programs for migratory children; 

17 ‘‘(2) such arrangements would result in more ef18 ficient and economic administration of such pro19 grams; or 

20 ‘‘(3) such arrangements would add substantially 

21 to the educational achievement of such children. 

22 ‘‘SEC. 1138. COORDINATION OF MIGRATORY EDUCATION AC23 TIVITIES. 

24 ‘‘(a) IMPROVEMENT OF COORDINATION.— 
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1 ‘‘(1) IN GENERAL.—The Secretary, in consulta2 tion with the States, may make grants to, or enter 

3 into contracts with, State educational agencies, local 

4 educational agencies, institutions of higher education, 

5 and other public and private entities to improve the 

6 interstate and intrastate coordination among such 

7 agencies’ educational programs, including through the 

8 establishment or improvement of programs for credit 

9 accrual and exchange, available to migratory stu10 dents. 

11 ‘‘(2) DURATION.—Grants or contracts under this 

12 subsection may be awarded for not more than 5 years. 

13 ‘‘(b) STUDENT RECORDS.— 

14 ‘‘(1) ASSISTANCE.—The Secretary shall assist 

15 States in developing and maintaining an effective 

16 system for the electronic transfer of student records 

17 and in determining the number of migratory children 

18 in each State. 

19 ‘‘(2) INFORMATION SYSTEM.— 

20 ‘‘(A) IN GENERAL.—The Secretary, in con21 sultation with the States, shall ensure the linkage 

22 of migratory student record systems for the pur23 pose of electronically exchanging, among the 

24 States, health and educational information re25 garding all migratory students. The Secretary 
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1 shall ensure such linkage occurs in a cost-effec2 tive manner, utilizing systems used by the States 

3 prior to, or developed after, the date of the enact4 ment of this Act. The Secretary shall determine 

5 the minimum data elements that each State re6 ceiving funds under this subpart shall collect and 

7 maintain. Such minimum data elements may 

8 include— 

9 ‘‘(i) immunization records and other 

10 health information; 

11 ‘‘(ii) elementary and secondary aca12 demic history (including partial credit), 

13 credit accrual, and results from State as14 sessments required under section 1111(b)(2); 

15 ‘‘(iii) other academic information es16 sential to ensuring that migratory children 

17 achieve to the States’s academic standards; 

18 and 

19 ‘‘(iv) eligibility for services under the 

20 Individuals with Disabilities Education 

21 Act. 

22 ‘‘(B) The Secretary shall consult with 

23 States before updating the data elements that 

24 each State receiving funds under this subpart 

25 shall be required to collect for purposes of elec-
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1 tronic transfer of migratory student information 

2 and the requirements that States shall meet for 

3 immediate electronic access to such information. 

4 ‘‘(3) NO COST FOR CERTAIN TRANSFERS.—A 

5 State educational agency or local educational agency 

6 receiving assistance under this subpart shall make 

7 student records available to another State educational 

8 agency or local educational agency that requests the 

9 records at no cost to the requesting agency, if the re10 quest is made in order to meet the needs of a migra11 tory child. 

12 ‘‘(4) REPORT TO CONGRESS.— 

13 ‘‘(A) IN GENERAL.—Not later than April 

14 30, 2016, the Secretary shall report to the Com15 mittee on Health, Education, Labor, and Pen16 sions of the Senate and the Committee on Edu17 cation and the Workforce of the House of Rep18 resentatives the Secretary’s findings and rec19 ommendations regarding the maintenance and 

20 transfer of health and educational information 

21 for migratory students by the States. 

22 ‘‘(B) REQUIRED CONTENTS.—The Secretary 

23 shall include in such report— 
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1 ‘‘(i) a review of the progress of States 

2 in developing and linking electronic records 

3 transfer systems; 

4 ‘‘(ii) recommendations for maintaining 

5 such systems; and 

6 ‘‘(iii) recommendations for improving 

7 the continuity of services provided for mi8 gratory students. 

9 ‘‘(c) AVAILABILITY OF FUNDS.—The Secretary shall 

10 reserve not more than $10,000,000 of the amount reserved 

11 under section 1132 to carry out this section for each fiscal 

12 year. 

13 ‘‘(d) DATA COLLECTION.—The Secretary shall direct 

14 the National Center for Education Statistics to collect data 

15 on migratory children. 

16 ‘‘SEC. 1139. DEFINITIONS. 

17 ‘‘As used in this subpart: 

18 ‘‘(1) LOCAL OPERATING AGENCY.—The term 

19 ‘local operating agency’ means— 

20 ‘‘(A) a local educational agency to which a 

21 State educational agency makes a subgrant 

22 under this subpart; 

23 ‘‘(B) a public or private agency with which 

24 a State educational agency or the Secretary 
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1 makes an arrangement to carry out a project 

2 under this subpart; or 

3 ‘‘(C) a State educational agency, if the 

4 State educational agency operates the State’s mi5 gratory education program or projects directly. 

6 ‘‘(2) MIGRATORY CHILD.—The term ‘migratory 

7 child’ means a child who is, or whose parent or 

8 spouse is, a migratory agricultural worker, including 

9 a migratory dairy worker, or a migratory fisher, and 

10 who, in the preceding 36 months, in order to obtain, 

11 or accompany such parent or spouse, in order to ob12 tain, temporary or seasonal employment in agricul13 tural or fishing work— 

14 ‘‘(A) has moved from one school district to 

15 another; 

16 ‘‘(B) in a State that is comprised of a sin17 gle school district, has moved from one adminis18 trative area to another within such district; or 

19 ‘‘(C) resides in a school district of more 

20 than 15,000 square miles, and migrates a dis21 tance of 20 miles or more to a temporary resi22 dence to engage in a fishing activity. 
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1 ‘‘Subpart 3—Prevention and Intervention Programs 

2 for Children and Youth Who Are Neglected, De3 linquent, or At-Risk 

4 ‘‘SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION. 

5 ‘‘(a) PURPOSE.—It is the purpose of this subpart— 

6 ‘‘(1) to improve educational services for children 

7 and youth in local and State institutions for ne8 glected or delinquent children and youth so that such 

9 children and youth have the opportunity to meet the 

10 same State academic standards that all children in 

11 the State are expected to meet; 

12 ‘‘(2) to provide such children and youth with the 

13 services needed to make a successful transition from 

14 institutionalization to further schooling or employ15 ment; and 

16 ‘‘(3) to prevent at-risk youth from dropping out 

17 of school, and to provide dropouts, and children and 

18 youth returning from correctional facilities or institu19 tions for neglected or delinquent children and youth, 

20 with a support system to ensure their continued edu21 cation. 

22 ‘‘(b) PROGRAM AUTHORIZED.—From amounts appro23 priated under section 3(a)(1), the Secretary shall reserve 

24 0.31 of one percent to carry out this subpart. 

25 ‘‘(c) GRANTS AWARDED.—From the amounts reserved 

26 under subsection (b) and not reserved under section 1004 
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1 and section 1159, the Secretary shall make grants to State 

2 educational agencies that have plans submitted under sec3 tion 1154 approved to enable such agencies to award sub4 grants to State agencies and local educational agencies to 

5 establish or improve programs of education for neglected, 

6 delinquent, or at-risk children and youth. 

7 ‘‘SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUB8 PART. 

9 ‘‘(a) AGENCY SUBGRANTS.—Based on the allocation 

10 amount computed under section 1152, the Secretary shall 

11 allocate to each State educational agency an amount nec12 essary to make subgrants to State agencies under chapter 

13 A. 

14 ‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, for 

15 the purpose of carrying out chapter B, funds generated 

16 throughout the State under subpart 1 of this part based on 

17 children and youth residing in local correctional facilities, 

18 or attending community day programs for delinquent chil19 dren and youth. 

20 ‘‘CHAPTER A—STATE AGENCY PROGRAMS 

21 ‘‘SEC. 1151. ELIGIBILITY. 

22 ‘‘A State agency is eligible for assistance under this 

23 chapter if such State agency is responsible for providing 

24 free public education for children and youth— 
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1 ‘‘(1) in institutions for neglected or delinquent 

2 children and youth; 

3 ‘‘(2) attending community day programs for ne4 glected or delinquent children and youth; or 

5 ‘‘(3) in adult correctional institutions. 

6 ‘‘SEC. 1152. ALLOCATION OF FUNDS. 

7 ‘‘(a) SUBGRANTS TO STATE AGENCIES.— 

8 ‘‘(1) IN GENERAL.—Each State agency described 

9 in section 1151 (other than an agency in the Com10 monwealth of Puerto Rico) is eligible to receive a 

11 subgrant under this chapter, for each fiscal year, in 

12 an amount equal to the product of— 

13 ‘‘(A) the number of neglected or delinquent 

14 children and youth described in section 1151 

15 who— 

16 ‘‘(i) are enrolled for at least 15 hours 

17 per week in education programs in adult 

18 correctional institutions; and 

19 ‘‘(ii) are enrolled for at least 20 hours 

20 per week— 

21 ‘‘(I) in education programs in in22 stitutions for neglected or delinquent 

23 children and youth; or 
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1 ‘‘(II) in community day programs 

2 for neglected or delinquent children 

3 and youth; and 

4 ‘‘(B) 40 percent of the average per-pupil ex5 penditure in the State, except that the amount 

6 determined under this subparagraph shall not be 

7 less than 32 percent, nor more than 48 percent, 

8 of the average per-pupil expenditure in the 

9 United States. 

10 ‘‘(2) SPECIAL RULE.—The number of neglected 

11 or delinquent children and youth determined under 

12 paragraph (1) shall— 

13 ‘‘(A) be determined by the State agency by 

14 a deadline set by the Secretary, except that no 

15 State agency shall be required to determine the 

16 number of such children and youth on a specific 

17 date set by the Secretary; and 

18 ‘‘(B) be adjusted, as the Secretary deter19 mines is appropriate, to reflect the relative 

20 length of such agency’s annual programs. 

21 ‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO

22 RICO.— 

23 ‘‘(1) IN GENERAL.—For each fiscal year, the 

24 amount of the subgrant which a State agency in the 

25 Commonwealth of Puerto Rico shall be eligible to re-
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1 ceive under this chapter shall be the amount deter2 mined by multiplying the number of children counted 

3 under subsection (a)(1)(A) for the Commonwealth of 

4 Puerto Rico by the product of— 

5 ‘‘(A) the percentage which the average per6 pupil expenditure in the Commonwealth of Puer7 to Rico is of the lowest average per-pupil expend8 iture of any of the 50 States; and 

9 ‘‘(B) 32 percent of the average per-pupil ex10 penditure in the United States. 

11 ‘‘(2) MINIMUM PERCENTAGE.—The percentage in 

12 paragraph (1)(A) shall not be less than 85 percent. 

13 ‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT

14 APPROPRIATIONS.—If the amount reserved for any fiscal 

15 year for subgrants under subsections (a) and (b) is insuffi16 cient to pay the full amount for which all State agencies 

17 are eligible under such subsections, the Secretary shall rat18 ably reduce each such amount. 

19 ‘‘SEC. 1153. STATE REALLOCATION OF FUNDS. 

20 ‘‘If a State educational agency determines that a State 

21 agency does not need the full amount of the subgrant for 

22 which such State agency is eligible under this chapter for 

23 any fiscal year, the State educational agency may reallocate 

24 the amount that will not be needed to other eligible State 

25 agencies that need additional funds to carry out the purpose 
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1 of this chapter, in such amounts as the State educational 

2 agency shall determine. 

3 ‘‘SEC. 1154. STATE PLAN AND STATE AGENCY APPLICA4 TIONS. 

5 ‘‘(a) STATE PLAN.— 

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

7 agency that desires to receive a grant under this 

8 chapter shall submit, for approval by the Secretary, 

9 a plan— 

10 ‘‘(A) for meeting the educational needs of 

11 neglected, delinquent, and at-risk children and 

12 youth; 

13 ‘‘(B) for assisting in the transition of chil14 dren and youth from correctional facilities to lo15 cally operated programs; and 

16 ‘‘(C) that is integrated with other programs 

17 under this Act or other Acts, as appropriate. 

18 ‘‘(2) CONTENTS.—Each such State plan shall— 

19 ‘‘(A) describe how the State will assess the 

20 effectiveness of the program in improving the 

21 academic, career, and technical skills of children 

22 in the program; 

23 ‘‘(B) provide that, to the extent feasible, 

24 such children will have the same opportunities to 

25 achieve as such children would have if such chil-
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1 dren were in the schools of local educational 

2 agencies in the State; 

3 ‘‘(C) describe how the State will place a 

4 priority for such children to obtain a regular 

5 high school diploma, to the extent feasible; and 

6 ‘‘(D) contain an assurance that the State 

7 educational agency will— 

8 ‘‘(i) ensure that programs assisted 

9 under this chapter will be carried out in ac10 cordance with the State plan described in 

11 this subsection; 

12 ‘‘(ii) carry out the evaluation require13 ments of section 1171; and 

14 ‘‘(iii) ensure that the State agencies re15 ceiving subgrants under this chapter comply 

16 with all applicable statutory and regulatory 

17 requirements. 

18 ‘‘(3) DURATION OF THE PLAN.—Each such State 

19 plan shall— 

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

21 State’s participation under this chapter; and 

22 ‘‘(B) be periodically reviewed and revised 

23 by the State, as necessary, to reflect changes in 

24 the State’s strategies and programs under this 

25 chapter. 
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1 ‘‘(b) SECRETARIAL APPROVAL AND PEER REVIEW.— 

2 ‘‘(1) SECRETARIAL APPROVAL.—The Secretary 

3 shall approve each State plan that meets the require4 ments of this chapter. 

5 ‘‘(2) PEER REVIEW.—The Secretary may review 

6 any State plan with the assistance and advice of in7 dividuals with relevant expertise. 

8 ‘‘(c) STATE AGENCY APPLICATIONS.—Any State agen9 cy that desires to receive funds to carry out a program 

10 under this chapter shall submit an application to the State 

11 educational agency that— 

12 ‘‘(1) describes the procedures to be used, con13 sistent with the State plan under section 1111, to as14 sess the educational needs of the children to be served 

15 under this chapter; 

16 ‘‘(2) provide an assurance that in making serv17 ices available to children and youth in adult correc18 tional institutions, priority will be given to such chil19 dren and youth who are likely to complete incarcer20 ation within a 2-year period; 

21 ‘‘(3) describes the program, including a budget 

22 for the first year of the program, with annual updates 

23 to be provided to the State educational agency; 

24 ‘‘(4) describes how the program will meet the 

25 goals and objectives of the State plan; 
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1 ‘‘(5) describes how the State agency will consult 

2 with experts and provide the necessary training for 

3 appropriate staff, to ensure that the planning and op4 eration of institution-wide projects under section 1156 

5 are of high quality; 

6 ‘‘(6) describes how the programs will be coordi7 nated with other appropriate State and Federal pro8 grams, such as programs under title I of Public Law 

9 105–220, career and technical education programs, 

10 State and local dropout prevention programs, and 

11 special education programs; 

12 ‘‘(7) describes how the State agency will encour13 age correctional facilities receiving funds under this 

14 chapter to coordinate with local educational agencies 

15 or alternative education programs attended by incar16 cerated children and youth prior to and after their 

17 incarceration to ensure that student assessments and 

18 appropriate academic records are shared jointly be19 tween the correctional facility and the local edu20 cational agency or alternative education program; 

21 ‘‘(8) describes how appropriate professional de22 velopment will be provided to teachers and other staff; 

23 ‘‘(9) designates an individual in each affected 

24 correctional facility or institution for neglected or de25 linquent children and youth to be responsible for 
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1 issues relating to the transition of such children and 

2 youth from such facility or institution to locally oper3 ated programs; 

4 ‘‘(10) describes how the State agency will en5 deavor to coordinate with businesses for training and 

6 mentoring for participating children and youth; 

7 ‘‘(11) provides an assurance that the State agen8 cy will assist in locating alternative programs 

9 through which students can continue their education 

10 if the students are not returning to school after leav11 ing the correctional facility or institution for ne12 glected or delinquent children and youth; 

13 ‘‘(12) provides assurances that the State agency 

14 will work with parents to secure parents’ assistance 

15 in improving the educational achievement of their 

16 children and youth, and preventing their children’s 

17 and youth’s further involvement in delinquent activi18 ties; 

19 ‘‘(13) provides an assurance that the State agen20 cy will work with children and youth with disabilities 

21 in order to meet an existing individualized education 

22 program and an assurance that the agency will notify 

23 the child’s or youth’s local school if the child or 

24 youth— 
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1 ‘‘(A) is identified as in need of special edu2 cation services while the child or youth is in the 

3 correctional facility or institution for neglected 

4 or delinquent children and youth; and 

5 ‘‘(B) intends to return to the local school; 

6 ‘‘(14) provides an assurance that the State agen7 cy will work with children and youth who dropped 

8 out of school before entering the correctional facility 

9 or institution for neglected or delinquent children and 

10 youth to encourage the children and youth to reenter 

11 school and obtain a regular high school diploma once 

12 the term of the incarceration is completed, or provide 

13 the child or youth with the skills necessary to gain 

14 employment, continue the education of the child or 

15 youth, or obtain a regular high school diploma or its 

16 recognized equivalent if the child or youth does not 

17 intend to return to school; 

18 ‘‘(15) provides an assurance that effective teach19 ers and other qualified staff are trained to work with 

20 children and youth with disabilities and other stu21 dents with special needs taking into consideration the 

22 unique needs of such students; 

23 ‘‘(16) describes any additional services to be pro24 vided to children and youth, such as career coun-
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1 seling, distance education, and assistance in securing 

2 student loans and grants; and 

3 ‘‘(17) provides an assurance that the program 

4 under this chapter will be coordinated with any pro5 grams operated under the Juvenile Justice and Delin6 quency Prevention Act of 1974 (42 U.S.C. 5601 et 

7 seq.) or other comparable programs, if applicable. 

8 ‘‘SEC. 1155. USE OF FUNDS. 

9 ‘‘(a) USES.— 

10 ‘‘(1) IN GENERAL.—A State agency shall use 

11 funds received under this chapter only for programs 

12 and projects that— 

13 ‘‘(A) are consistent with the State plan 

14 under section 1154(a); and 

15 ‘‘(B) concentrate on providing participants 

16 with the knowledge and skills needed to make a 

17 successful transition to secondary school comple18 tion, career and technical education, further edu19 cation, or employment without the need for re20 mediation. 

21 ‘‘(2) PROGRAMS AND PROJECTS.—Such programs 

22 and projects— 

23 ‘‘(A) may include the acquisition of equip24 ment; 
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1 ‘‘(B) shall be designed to support edu2 cational services that— 

3 ‘‘(i) except for institution-wide projects 

4 under section 1156, are provided to children 

5 and youth identified by the State agency as 

6 failing, or most at-risk of failing, to meet 

7 the State’s academic standards; 

8 ‘‘(ii) supplement and improve the 

9 quality of the educational services provided 

10 to such children and youth by the State 

11 agency; and 

12 ‘‘(iii) afford such children and youth 

13 an opportunity to meet State academic 

14 standards; and 

15 ‘‘(C) shall be carried out in a manner con16 sistent with section 1120A and part C (as ap17 plied to programs and projects under this chap18 ter). 

19 ‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program 

20 under this chapter that supplements the number of hours 

21 of instruction students receive from State and local sources 

22 shall be considered to comply with the supplement, not sup23 plant requirement of section 1120A (as applied to this chap24 ter) without regard to the subject areas in which instruction 

25 is given during those hours. 
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1 ‘‘SEC. 1156. INSTITUTION-WIDE PROJECTS. 

2 ‘‘A State agency that provides free public education 

3 for children and youth in an institution for neglected or 

4 delinquent children and youth (other than an adult correc5 tional institution) or attending a community day program 

6 for such children and youth may use funds received under 

7 this chapter to serve all children in, and upgrade the entire 

8 educational effort of, that institution or program if the 

9 State agency has developed, and the State educational agen10 cy has approved, a comprehensive plan for that institution 

11 or program that— 

12 ‘‘(1) provides for a comprehensive assessment of 

13 the educational needs of all children and youth in the 

14 institution or program serving juveniles; 

15 ‘‘(2) provides for a comprehensive assessment of 

16 the educational needs of youth aged 20 and younger 

17 in adult facilities who are expected to complete incar18 ceration within a 2-year period; 

19 ‘‘(3) describes the steps the State agency has 

20 taken, or will take, to provide all children and youth 

21 under age 21 with the opportunity to meet State aca22 demic standards in order to improve the likelihood 

23 that the children and youth will complete secondary 

24 school, obtain a regular high school diploma or its 

25 recognized equivalent, or find employment after leav26 ing the institution; 
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1 ‘‘(4) describes the instructional program, special2 ized instructional support services, and procedures 

3 that will be used to meet the needs described in para4 graph (1), including, to the extent feasible, the provi5 sion of mentors for the children and youth described 

6 in paragraph (1); 

7 ‘‘(5) specifically describes how such funds will be 

8 used; 

9 ‘‘(6) describes the measures and procedures that 

10 will be used to assess and improve student achieve11 ment; 

12 ‘‘(7) describes how the agency has planned, and 

13 will implement and evaluate, the institution-wide or 

14 program-wide project in consultation with personnel 

15 providing direct instructional services and support 

16 services in institutions or community day programs 

17 for neglected or delinquent children and youth, and 

18 with personnel from the State educational agency; 

19 and 

20 ‘‘(8) includes an assurance that the State agency 

21 has provided for appropriate training for teachers 

22 and other instructional and administrative personnel 

23 to enable such teachers and personnel to carry out the 

24 project effectively. 
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1 ‘‘SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS. 

2 ‘‘If a State agency operates a program or project under 

3 this chapter in which individual children or youth are like4 ly to participate for more than one year, the State edu5 cational agency may approve the State agency’s applica6 tion for a subgrant under this chapter for a period of not 

7 more than 3 years. 

8 ‘‘SEC. 1158. TRANSITION SERVICES. 

9 ‘‘(a) TRANSITION SERVICES.—Each State agency shall 

10 reserve not less than 15 percent and not more than 30 per11 cent of the amount such agency receives under this chapter 

12 for any fiscal year to support— 

13 ‘‘(1) projects that facilitate the transition of chil14 dren and youth from State-operated institutions to 

15 schools served by local educational agencies; or 

16 ‘‘(2) the successful re-entry of youth offenders, 

17 who are age 20 or younger and have received a reg18 ular high school diploma or its recognized equivalent, 

19 into postsecondary education, or career and technical 

20 training programs, through strategies designed to ex21 pose the youth to, and prepare the youth for, postsec22 ondary education, or career and technical training 

23 programs, such as— 

24 ‘‘(A) preplacement programs that allow ad25 judicated or incarcerated youth to audit or at26 tend courses on college, university, or community 
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1 college campuses, or through programs provided 

2 in institutional settings; 

3 ‘‘(B) worksite schools, in which institutions 

4 of higher education and private or public em5 ployers partner to create programs to help stu6 dents make a successful transition to postsec7 ondary education and employment; and 

8 ‘‘(C) essential support services to ensure the 

9 success of the youth, such as— 

10 ‘‘(i) personal, career and technical, 

11 and academic counseling; 

12 ‘‘(ii) placement services designed to 

13 place the youth in a university, college, or 

14 junior college program; 

15 ‘‘(iii) information concerning, and as16 sistance in obtaining, available student fi17 nancial aid; 

18 ‘‘(iv) counseling services; and 

19 ‘‘(v) job placement services. 

20 ‘‘(b) CONDUCT OF PROJECTS.—A project supported 

21 under this section may be conducted directly by the State 

22 agency, or through a contract or other arrangement with 

23 one or more local educational agencies, other public agen24 cies, or private organizations. 
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1 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to prohibit a school that receives 

3 funds under subsection (a) from serving neglected and de4 linquent children and youth simultaneously with students 

5 with similar educational needs, in the same educational set6 tings where appropriate. 

7 ‘‘SEC. 1159. TECHNICAL ASSISTANCE. 

8 ‘‘The Secretary shall reserve not more than 1 percent 

9 of the amount reserved under section 1141 to provide tech10 nical assistance to and support State agency programs as11 sisted under this chapter. 

12 ‘‘CHAPTER B—LOCAL AGENCY PROGRAMS 

13 ‘‘SEC. 1161. PURPOSE. 

14 ‘‘The purpose of this chapter is to support the oper15 ation of local educational agency programs that involve col16 laboration with locally operated correctional facilities— 

17 ‘‘(1) to carry out high quality education pro18 grams to prepare children and youth for secondary 

19 school completion, training, employment, or further 

20 education; 

21 ‘‘(2) to provide activities to facilitate the transi22 tion of such children and youth from the correctional 

23 program to further education or employment; and 

24 ‘‘(3) to operate programs in local schools for chil25 dren and youth returning from correctional facilities, 
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1 and programs which may serve at-risk children and 

2 youth. 

3 ‘‘SEC. 1162. PROGRAMS OPERATED BY LOCAL EDUCATIONAL 

4 AGENCIES. 

5 ‘‘(a) LOCAL SUBGRANTS.—With funds made available 

6 under section 1142(b), the State educational agency shall 

7 award subgrants to local educational agencies with high 

8 numbers or percentages of children and youth residing in 

9 locally operated (including county operated) correctional 

10 facilities for children and youth (including facilities in11 volved in community day programs). 

12 ‘‘(b) SPECIAL RULE.—A local educational agency that 

13 serves a school operated by a correctional facility is not re14 quired to operate a program of support for children and 

15 youth returning from such school to a school that is not 

16 operated by a correctional agency but served by such local 

17 educational agency, if more than 30 percent of the children 

18 and youth attending the school operated by the correctional 

19 facility will reside outside the boundaries served by the local 

20 educational agency after leaving such facility. 

21 ‘‘(c) NOTIFICATION.—A State educational agency shall 

22 notify local educational agencies within the State of the eli23 gibility of such agencies to receive a subgrant under this 

24 chapter. 
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1 ‘‘(d) TRANSITIONAL AND ACADEMIC SERVICES.—Tran2 sitional and supportive programs operated in local edu3 cational agencies under this chapter shall be designed pri4 marily to meet the transitional and academic needs of stu5 dents returning to local educational agencies or alternative 

6 education programs from correctional facilities. Services to 

7 students at-risk of dropping out of school shall not have a 

8 negative impact on meeting the transitional and academic 

9 needs of the students returning from correctional facilities. 

10 ‘‘SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 

11 ‘‘Each local educational agency desiring assistance 

12 under this chapter shall submit an application to the State 

13 educational agency that contains such information as the 

14 State educational agency may require. Each such applica15 tion shall include— 

16 ‘‘(1) a description of the program to be assisted; 

17 ‘‘(2) a description of formal agreements, regard18 ing the program to be assisted, between— 

19 ‘‘(A) the local educational agency; and 

20 ‘‘(B) correctional facilities and alternative 

21 school programs serving children and youth in22 volved with the juvenile justice system; 

23 ‘‘(3) as appropriate, a description of how par24 ticipating schools will coordinate with facilities work25 ing with delinquent children and youth to ensure that 
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1 such children and youth are participating in an edu2 cation program comparable to one operating in the 

3 local school such youth would attend; 

4 ‘‘(4) a description of the program operated by 

5 participating schools for children and youth return6 ing from correctional facilities and, as appropriate, 

7 the types of services that such schools will provide 

8 such children and youth and other at-risk children 

9 and youth; 

10 ‘‘(5) a description of the characteristics (includ11 ing learning difficulties, substance abuse problems, 

12 and other needs) of the children and youth who will 

13 be returning from correctional facilities and, as ap14 propriate, other at-risk children and youth expected 

15 to be served by the program, and a description of how 

16 the school will coordinate existing educational pro17 grams to meet the unique educational needs of such 

18 children and youth; 

19 ‘‘(6) as appropriate, a description of how schools 

20 will coordinate with existing social, health, and other 

21 services to meet the needs of students returning from 

22 correctional facilities and at-risk children or youth, 

23 including prenatal health care and nutrition services 

24 related to the health of the parent and the child or 

25 youth, parenting and child development classes, child 
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1 care, targeted reentry and outreach programs, refer2 rals to community resources, and scheduling flexi3 bility; 

4 ‘‘(7) as appropriate, a description of any part5 nerships with local businesses to develop training, 

6 curriculum-based youth entrepreneurship education, 

7 and mentoring services for participating students; 

8 ‘‘(8) as appropriate, a description of how the 

9 program will involve parents in efforts to improve the 

10 educational achievement of their children, assist in 

11 dropout prevention activities, and prevent the involve12 ment of their children in delinquent activities; 

13 ‘‘(9) a description of how the program under this 

14 chapter will be coordinated with other Federal, State, 

15 and local programs, such as programs under title I 

16 of Public Law 105–220 and career and technical edu17 cation programs serving at-risk children and youth; 

18 ‘‘(10) a description of how the program will be 

19 coordinated with programs operated under the Juve20 nile Justice and Delinquency Prevention Act of 1974 

21 and other comparable programs, if applicable; 

22 ‘‘(11) as appropriate, a description of how 

23 schools will work with probation officers to assist in 

24 meeting the needs of children and youth returning 

25 from correctional facilities; 
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1 ‘‘(12) a description of the efforts participating 

2 schools will make to ensure correctional facilities 

3 working with children and youth are aware of a 

4 child’s or youth’s existing individualized education 

5 program; and 

6 ‘‘(13) as appropriate, a description of the steps 

7 participating schools will take to find alternative 

8 placements for children and youth interested in con9 tinuing their education but unable to participate in 

10 a traditional public school program. 

11 ‘‘SEC. 1164. USES OF FUNDS. 

12 ‘‘(a) IN GENERAL.—Funds provided to local edu13 cational agencies under this chapter may be used, as appro14 priate, for— 

15 ‘‘(1) programs that serve children and youth re16 turning to local schools from correctional facilities, to 

17 assist in the transition of such children and youth to 

18 the school environment and help them remain in 

19 school in order to complete their education; 

20 ‘‘(2) dropout prevention programs which serve 

21 at-risk children and youth; 

22 ‘‘(3) the coordination of health and social serv23 ices for such individuals if there is a likelihood that 

24 the provision of such services, including day care, 

25 drug and alcohol counseling, and mental health serv-
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1 ices, will improve the likelihood such individuals will 

2 complete their education; 

3 ‘‘(4) special programs to meet the unique aca4 demic needs of participating children and youth, in5 cluding career and technical education, special edu6 cation, career counseling, curriculum-based youth en7 trepreneurship education, and assistance in securing 

8 student loans or grants for postsecondary education; 

9 and 

10 ‘‘(5) programs providing mentoring and peer 

11 mediation. 

12 ‘‘(b) CONTRACTS AND GRANTS.—A local educational 

13 agency may use a grant received under this chapter to carry 

14 out the activities described under paragraphs (1) through 

15 (5) of subsection (a) directly or through grants, contracts, 

16 or cooperative agreements. 

17 ‘‘SEC. 1165. PROGRAM REQUIREMENTS FOR CORRECTIONAL 

18 FACILITIES RECEIVING FUNDS UNDER THIS 

19 SECTION. 

20 ‘‘Each correctional facility entering into an agreement 

21 with a local educational agency under section 1163(2) to 

22 provide services to children and youth under this chapter 

23 shall— 

24 ‘‘(1) where feasible, ensure that educational pro25 grams in the correctional facility are coordinated 
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1 with the student’s home school, particularly with re2 spect to a student with an individualized education 

3 program under part B of the Individuals with Dis4 abilities Education Act; 

5 ‘‘(2) if the child or youth is identified as in need 

6 of special education services while in the correctional 

7 facility, notify the local school of the child or youth 

8 of such need; 

9 ‘‘(3) where feasible, provide transition assistance 

10 to help the child or youth stay in school, including co11 ordination of services for the family, counseling, as12 sistance in accessing drug and alcohol abuse preven13 tion programs, tutoring, and family counseling; 

14 ‘‘(4) provide support programs that encourage 

15 children and youth who have dropped out of school to 

16 re-enter school and obtain a regular high school di17 ploma once their term at the correctional facility has 

18 been completed, or provide such children and youth 

19 with the skills necessary to gain employment or seek 

20 a regular high school diploma or its recognized equiv21 alent; 

22 ‘‘(5) work to ensure that the correctional facility 

23 is staffed with effective teachers and other qualified 

24 staff who are trained to work with children and youth 
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1 with disabilities taking into consideration the unique 

2 needs of such children and youth; 

3 ‘‘(6) ensure that educational programs in the 

4 correctional facility are related to assisting students 

5 to meet the States’s academic standards; 

6 ‘‘(7) to the extent possible, use technology to as7 sist in coordinating educational programs between the 

8 correctional facility and the community school; 

9 ‘‘(8) where feasible, involve parents in efforts to 

10 improve the educational achievement of their children 

11 and prevent the further involvement of such children 

12 in delinquent activities; 

13 ‘‘(9) coordinate funds received under this chapter 

14 with other local, State, and Federal funds available to 

15 provide services to participating children and youth, 

16 such as funds made available under title I of Public 

17 Law 105–220, and career and technical education 

18 funds; 

19 ‘‘(10) coordinate programs operated under this 

20 chapter with activities funded under the Juvenile Jus21 tice and Delinquency Prevention Act of 1974 and 

22 other comparable programs, if applicable; 

23 ‘‘(11) if appropriate, work with local businesses 

24 to develop training, curriculum-based youth entrepre-
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•S 1177 EAH 

1 neurship education, and mentoring programs for chil2 dren and youth; and 

3 ‘‘(12) consult with the local educational agency 

4 for a period jointly determined necessary by the cor5 rectional facility and local educational agency upon 

6 discharge from that facility to coordinate educational 

7 services so as to minimize disruption to the child’s or 

8 youth’s achievement. 

9 ‘‘SEC. 1166. ACCOUNTABILITY. 

10 ‘‘The State educational agency— 

11 ‘‘(1) may require correctional facilities or insti12 tutions for neglected or delinquent children and youth 

13 to demonstrate, after receiving assistance under this 

14 chapter for 3 years, that there has been an increase 

15 in the number of children and youth returning to 

16 school, obtaining a regular high school diploma or its 

17 recognized equivalent, or obtaining employment after 

18 such children and youth are released; and 

19 ‘‘(2) may reduce or terminate funding for 

20 projects under this chapter if a local educational 

21 agency does not show progress in the number of chil22 dren and youth obtaining a regular high school di23 ploma or its recognized equivalent. 
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1 ‘‘CHAPTER C—GENERAL PROVISIONS 

2 ‘‘SEC. 1171. PROGRAM EVALUATIONS. 

3 ‘‘(a) SCOPE OF EVALUATION.—Each State agency or 

4 local educational agency that conducts a program under 

5 chapter A or B shall evaluate the program, disaggregating 

6 data on participation by gender, race, ethnicity, and age, 

7 while protecting individual student privacy, not less than 

8 once every 3 years, to determine the program’s impact on 

9 the ability of participants— 

10 ‘‘(1) to maintain and improve educational 

11 achievement; 

12 ‘‘(2) to accrue school credits that meet State re13 quirements for grade promotion and high school grad14 uation; 

15 ‘‘(3) to make the transition to a regular program 

16 or other education program operated by a local edu17 cational agency; 

18 ‘‘(4) to complete high school (or high school 

19 equivalency requirements) and obtain employment 

20 after leaving the correctional facility or institution 

21 for neglected or delinquent children and youth; and 

22 ‘‘(5) as appropriate, to participate in postsec23 ondary education and job training programs. 

24 ‘‘(b) EXCEPTION.—The disaggregation required under 

25 subsection (a) shall not be required in a case in which the 
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1 number of students in a category is insufficient to yield 

2 statistically reliable information or the results would reveal 

3 personally identifiable information about an individual 

4 student. 

5 ‘‘(c) EVALUATION MEASURES.—In conducting each 

6 evaluation under subsection (a), a State agency or local 

7 educational agency shall use multiple and appropriate 

8 measures of student progress. 

9 ‘‘(d) EVALUATION RESULTS.—Each State agency and 

10 local educational agency shall— 

11 ‘‘(1) submit evaluation results to the State edu12 cational agency and the Secretary; and 

13 ‘‘(2) use the results of evaluations under this sec14 tion to plan and improve subsequent programs for 

15 participating children and youth. 

16 ‘‘SEC. 1172. DEFINITIONS. 

17 ‘‘In this subpart: 

18 ‘‘(1) ADULT CORRECTIONAL INSTITUTION.—The 

19 term ‘adult correctional institution’ means a facility 

20 in which persons (including persons under 21 years 

21 of age) are confined as a result of a conviction for a 

22 criminal offense. 

23 ‘‘(2) AT-RISK.—The term ‘at-risk’, when used 

24 with respect to a child, youth, or student, means a 

25 school-aged individual who— 
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1 ‘‘(A) is at-risk of academic failure; and 

2 ‘‘(B) has a drug or alcohol problem, is preg3 nant or is a parent, has come into contact with 

4 the juvenile justice system in the past, is at least 

5 1 year behind the expected grade level for the age 

6 of the individual, is an English learner, is a 

7 gang member, has dropped out of school in the 

8 past, or has a high absenteeism rate at school. 

9 ‘‘(3) COMMUNITY DAY PROGRAM.—The term 

10 ‘community day program’ means a regular program 

11 of instruction provided by a State agency at a com12 munity day school operated specifically for neglected 

13 or delinquent children and youth. 

14 ‘‘(4) INSTITUTION FOR NEGLECTED OR DELIN15 QUENT CHILDREN AND YOUTH.—The term ‘institution 

16 for neglected or delinquent children and youth’ 

17 means— 

18 ‘‘(A) a public or private residential facility, 

19 other than a foster home, that is operated for the 

20 care of children who have been committed to the 

21 institution or voluntarily placed in the institu22 tion under applicable State law, due to abandon23 ment, neglect, or death of their parents or guard24 ians; or 
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1 ‘‘(B) a public or private residential facility 

2 for the care of children who have been adju3 dicated to be delinquent or in need of super4 vision. 

5 ‘‘Subpart 4—English Language Acquisition, 

6 Language Enhancement, and Academic Achievement 

7 ‘‘SEC. 1181. PURPOSES. 

8 ‘‘The purposes of this subpart are— 

9 ‘‘(1) to help ensure that English learners, includ10 ing immigrant children and youth, attain English 

11 proficiency and develop high levels of academic 

12 achievement in English; 

13 ‘‘(2) to assist all English learners, including im14 migrant children and youth, to achieve at high levels 

15 so that those children can meet the same State aca16 demic standards that all children are expected to 

17 meet, consistent with section 1111(b)(1); 

18 ‘‘(3) to assist State educational agencies, local 

19 educational agencies, and schools in establishing, im20 plementing, and sustaining high-quality, flexible, evi21 dence-based language instruction educational pro22 grams designed to assist in teaching English learners, 

23 including immigrant children and youth; 

24 ‘‘(4) to assist State educational agencies and 

25 local educational agencies to develop and enhance 
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1 their capacity to provide high-quality, evidence-based 

2 instructional programs designed to prepare English 

3 learners, including immigrant children and youth, to 

4 enter all-English instruction settings; and 

5 ‘‘(5) to promote parental and community par6 ticipation in language instruction educational pro7 grams for the parents and communities of English 

8 learners. 

9 ‘‘CHAPTER A—GRANTS AND SUBGRANTS 

10 FOR ENGLISH LANGUAGE ACQUISI11 TION AND LANGUAGE ENHANCEMENT 

12 ‘‘SEC. 1191. FORMULA GRANTS TO STATES. 

13 ‘‘(a) IN GENERAL.—In the case of each State edu14 cational agency having a plan approved by the Secretary 

15 for a fiscal year under section 1192, the Secretary shall re16 serve 4.6 percent of funds appropriated under section 

17 3(a)(1) to make a grant for the year to the agency for the 

18 purposes specified in subsection (b). The grant shall consist 

19 of the allotment determined for the State educational agency 

20 under subsection (c). 

21 ‘‘(b) USE OF FUNDS.— 

22 ‘‘(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The 

23 Secretary may make a grant under subsection (a) 

24 only if the State educational agency involved agrees 

25 to expend at least 95 percent of the State educational 
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1 agency’s allotment under subsection (c) for a fiscal 

2 year— 

3 ‘‘(A) to award subgrants, from allocations 

4 under section 1193, to eligible entities to carry 

5 out the activities described in section 1194 (other 

6 than subsection (e)); and 

7 ‘‘(B) to award subgrants under section 

8 1193(d)(1) to eligible entities that are described 

9 in that section to carry out the activities de10 scribed in section 1194(e). 

11 ‘‘(2) STATE ACTIVITIES.—Subject to paragraph 

12 (3), each State educational agency receiving a grant 

13 under subsection (a) may reserve not more than 5 

14 percent of the agency’s allotment under subsection (c) 

15 to carry out the following activities: 

16 ‘‘(A) Professional development activities, 

17 and other activities, which may include assisting 

18 personnel in— 

19 ‘‘(i) meeting State and local certifi20 cation and licensing requirements for teach21 ing English learners; and 

22 ‘‘(ii) improving teacher skills in meet23 ing the diverse needs of English learners, 

24 including in how to implement evidence- 
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1 based programs and curricula on teaching 

2 English learners. 

3 ‘‘(B) Planning, evaluation, administration, 

4 and interagency coordination related to the sub5 grants referred to in paragraph (1). 

6 ‘‘(C) Providing technical assistance and 

7 other forms of assistance to eligible entities that 

8 are receiving subgrants from a State educational 

9 agency under this chapter, including assistance 

10 in— 

11 ‘‘(i) identifying and implementing evi12 dence-based language instruction edu13 cational programs and curricula for teach14 ing English learners; 

15 ‘‘(ii) helping English learners meet the 

16 same State academic standards that all 

17 children are expected to meet; 

18 ‘‘(iii) identifying or developing, and 

19 implementing, measures of English pro20 ficiency; and 

21 ‘‘(iv) strengthening and increasing 

22 parent, family, and community engage23 ment. 

24 ‘‘(D) Providing recognition, which may in25 clude providing financial awards, to subgrantees 
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1 that have significantly improved the achievement 

2 and progress of English learners in— 

3 ‘‘(i) reaching English language pro4 ficiency, based on the State’s English lan5 guage proficiency assessment under section 

6 1111(b)(2)(D); and 

7 ‘‘(ii) meeting the State academic 

8 standards under section 1111(b)(1). 

9 ‘‘(3) ADMINISTRATIVE EXPENSES.—From the 

10 amount reserved under paragraph (2), a State edu11 cational agency may use not more than 40 percent of 

12 such amount or $175,000, whichever is greater, for the 

13 planning and administrative costs of carrying out 

14 paragraphs (1) and (2). 

15 ‘‘(c) RESERVATIONS AND ALLOTMENTS.— 

16 ‘‘(1) RESERVATIONS.—From the amount reserved 

17 under section 1191(a) for each fiscal year, the Sec18 retary shall reserve— 

19 ‘‘(A) 0.5 percent of such amount for pay20 ments to outlying areas, to be allotted in accord21 ance with their respective needs for assistance 

22 under this chapter, as determined by the Sec23 retary, for activities, approved by the Secretary, 

24 consistent with this chapter; and 
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1 ‘‘(B) 6.5 percent of such amount for na2 tional activities under sections 1211 and 1222, 

3 except that not more than $2,000,000 of such 

4 amount may be reserved for the National Clear5 inghouse for English Language Acquisition and 

6 Language Instruction Educational Programs de7 scribed in section 1222. 

8 ‘‘(2) STATE ALLOTMENTS.— 

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

10 subparagraph (B), from the amount reserved 

11 under section 1191(a) for each fiscal year that 

12 remains after making the reservations under 

13 paragraph (1), the Secretary shall allot to each 

14 State educational agency having a plan ap15 proved under section 1192(c)— 

16 ‘‘(i) an amount that bears the same re17 lationship to 80 percent of the remainder as 

18 the number of English learners in the State 

19 bears to the number of such children in all 

20 States, as determined by data available 

21 from the American Community Survey con22 ducted by the Department of Commerce or 

23 State-reported data; and 

24 ‘‘(ii) an amount that bears the same 

25 relationship to 20 percent of the remainder 
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1 as the number of immigrant children and 

2 youth in the State bears to the number of 

3 such children and youth in all States, as 

4 determined based only on data available 

5 from the American Community Survey con6 ducted by the Department of Commerce. 

7 ‘‘(B) MINIMUM ALLOTMENTS.—No State 

8 educational agency shall receive an allotment 

9 under this paragraph that is less than $500,000. 

10 ‘‘(C) REALLOTMENT.—If any State edu11 cational agency described in subparagraph (A) 

12 does not submit a plan to the Secretary for a fis13 cal year, or submits a plan (or any amendment 

14 to a plan) that the Secretary, after reasonable 

15 notice and opportunity for a hearing, determines 

16 does not satisfy the requirements of this chapter, 

17 the Secretary shall reallot any portion of such 

18 allotment to the remaining State educational 

19 agencies in accordance with subparagraph (A). 

20 ‘‘(D) SPECIAL RULE FOR PUERTO RICO.— 

21 The total amount allotted to Puerto Rico for any 

22 fiscal year under subparagraph (A) shall not ex23 ceed 0.5 percent of the total amount allotted to 

24 all States for that fiscal year. 
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1 ‘‘(3) USE OF DATA FOR DETERMINATIONS.—In 

2 making State allotments under paragraph (2) for 

3 each fiscal year, the Secretary shall determine the 

4 number of English learners in a State and in all 

5 States, using the most accurate, up-to-date data, 

6 which shall be— 

7 ‘‘(A) data from the American Community 

8 Survey conducted by the Department of Com9 merce, which may be multiyear estimates; 

10 ‘‘(B) the number of students being assessed 

11 for English language proficiency, based on the 

12 State’s English language proficiency assessment 

13 under section 1111(b)(2)(D), which may be 

14 multiyear estimates; or 

15 ‘‘(C) a combination of data available under 

16 subparagraphs (A) and (B). 

17 ‘‘SEC. 1192. STATE EDUCATIONAL AGENCY PLANS. 

18 ‘‘(a) FILING FOR SUBGRANTS.—Each State edu19 cational agency desiring a grant under this chapter shall 

20 submit a plan to the Secretary at such time and in such 

21 manner as the Secretary may require. 

22 ‘‘(b) CONTENTS.—Each plan submitted under sub23 section (a) shall— 
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1 ‘‘(1) describe the process that the agency will use 

2 in awarding subgrants to eligible entities under sec3 tion 1193(d)(1); 

4 ‘‘(2) provide an assurance that— 

5 ‘‘(A) the agency will ensure that eligible en6 tities receiving a subgrant under this chapter 

7 comply with the requirement in section 

8 1111(b)(2)(B)(x) to annually assess in English 

9 learners who have been in the United States for 

10 3 or more consecutive years; 

11 ‘‘(B) the agency will ensure that eligible en12 tities receiving a subgrant under this chapter an13 nually assess the English proficiency of all 

14 English learners participating in a program 

15 funded under this chapter, consistent with sec16 tion 1111(b)(2)(D); 

17 ‘‘(C) in awarding subgrants under section 

18 1193, the agency will address the needs of school 

19 systems of all sizes and in all geographic areas, 

20 including school systems with rural and urban 

21 schools; 

22 ‘‘(D) subgrants to eligible entities under sec23 tion 1193(d)(1) will be of sufficient size and 

24 scope to allow such entities to carry out high- 
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1 quality, evidence-based language instruction edu2 cational programs for English learners; 

3 ‘‘(E) the agency will require an eligible en4 tity receiving a subgrant under this chapter to 

5 use the subgrant in ways that will build such re6 cipient’s capacity to continue to offer high-qual7 ity evidence-based language instruction edu8 cational programs that assist English learners in 

9 meeting State academic standards; 

10 ‘‘(F) the agency will monitor the eligible en11 tity receiving a subgrant under this chapter for 

12 compliance with applicable Federal fiscal re13 quirements; and 

14 ‘‘(G) the plan has been developed in con15 sultation with local educational agencies, teach16 ers, administrators of programs implemented 

17 under this chapter, parents, and other relevant 

18 stakeholders; 

19 ‘‘(3) describe how the agency will coordinate its 

20 programs and activities under this chapter with other 

21 programs and activities under this Act and other 

22 Acts, as appropriate; 

23 ‘‘(4) describe how eligible entities in the State 

24 will be given the flexibility to teach English learn25 ers— 
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1 ‘‘(A) using a high-quality, evidence-based 

2 language instruction curriculum for teaching 

3 English learners; and 

4 ‘‘(B) in the manner the eligible entities de5 termine to be the most effective; and 

6 ‘‘(5) describe how the agency will assist eligible 

7 entities in increasing the number of English learners 

8 who acquire English proficiency. 

9 ‘‘(c) APPROVAL.—The Secretary, after using a peer re10 view process, shall approve a plan submitted under sub11 section (a) if the plan meets the requirements of this section. 

12 ‘‘(d) DURATION OF PLAN.— 

13 ‘‘(1) IN GENERAL.—Each plan submitted by a 

14 State educational agency and approved under sub15 section (c) shall— 

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

17 agency’s participation under this chapter; and 

18 ‘‘(B) be periodically reviewed and revised 

19 by the agency, as necessary, to reflect changes to 

20 the agency’s strategies and programs carried out 

21 under this subpart. 

22 ‘‘(2) ADDITIONAL INFORMATION.— 

23 ‘‘(A) AMENDMENTS.—If the State edu24 cational agency amends the plan, the agency 

25 shall submit such amendment to the Secretary. 
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1 ‘‘(B) APPROVAL.—The Secretary shall ap2 prove such amendment to an approved plan, un3 less the Secretary determines that the amend4 ment will result in the agency not meeting the 

5 requirements, or fulfilling the purposes, of this 

6 subpart. 

7 ‘‘(e) CONSOLIDATED PLAN.—A plan submitted under 

8 subsection (a) may be submitted as part of a consolidated 

9 plan under section 6302. 

10 ‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall 

11 provide technical assistance, if requested by the State, in 

12 the development of English proficiency standards and as13 sessments. 

14 ‘‘SEC. 1193. WITHIN-STATE ALLOCATIONS. 

15 ‘‘(a) IN GENERAL.—After making the reservation re16 quired under subsection (d)(1), each State educational 

17 agency receiving a grant under section 1191(c)(2) shall 

18 award subgrants for a fiscal year by allocating in a timely 

19 manner to each eligible entity in the State having a plan 

20 approved under section 1195 an amount that bears the same 

21 relationship to the amount received under the grant and 

22 remaining after making such reservation as the population 

23 of English learners in schools served by the eligible entity 

24 bears to the population of English learners in schools served 

25 by all eligible entities in the State. 
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1 ‘‘(b) LIMITATION.—A State educational agency shall 

2 not award a subgrant from an allocation made under sub3 section (a) if the amount of such subgrant would be less 

4 than $10,000. 

5 ‘‘(c) REALLOCATION.—Whenever a State educational 

6 agency determines that an amount from an allocation made 

7 to an eligible entity under subsection (a) for a fiscal year 

8 will not be used by the entity for the purpose for which 

9 the allocation was made, the agency shall, in accordance 

10 with such rules as it determines to be appropriate, reallo11 cate such amount, consistent with such subsection, to other 

12 eligible entities in the State that the agency determines will 

13 use the amount to carry out that purpose. 

14 ‘‘(d) REQUIRED RESERVATION.—A State educational 

15 agency receiving a grant under this chapter for a fiscal 

16 year— 

17 ‘‘(1) shall reserve not more than 15 percent of the 

18 agency’s allotment under section 1191(c)(2) to award 

19 subgrants to eligible entities in the State that have ex20 perienced a significant increase, as compared to the 

21 average of the 2 preceding fiscal years, in the percent22 age or number of immigrant children and youth, who 

23 have enrolled, during the fiscal year preceding the fis24 cal year for which the subgrant is made, in public 

25 and nonpublic elementary schools and secondary 
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1 schools in the geographic areas under the jurisdiction 

2 of, or served by, such entities; and 

3 ‘‘(2) in awarding subgrants under paragraph 

4 (1)— 

5 ‘‘(A) shall equally consider eligible entities 

6 that satisfy the requirement of such paragraph 

7 but have limited or no experience in serving im8 migrant children and youth; and 

9 ‘‘(B) shall consider the quality of each local 

10 plan under section 1195 and ensure that each 

11 subgrant is of sufficient size and scope to meet 

12 the purposes of this subpart. 

13 ‘‘SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES. 

14 ‘‘(a) PURPOSES OF SUBGRANTS.—A State educational 

15 agency may make a subgrant to an eligible entity from 

16 funds received by the agency under this chapter only if the 

17 entity agrees to expend the funds to improve the education 

18 of English learners, by assisting the children to learn 

19 English and meet State academic standards. In carrying 

20 out activities with such funds, the eligible entity shall use 

21 evidence-based approaches and methodologies for teaching 

22 English learners and immigrant children and youth for the 

23 following purposes: 

24 ‘‘(1) Developing and implementing new language 

25 instruction educational programs and academic con-
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1 tent instruction programs for English learners and 

2 immigrant children and youth, including programs of 

3 early childhood education, elementary school pro4 grams, and secondary school programs. 

5 ‘‘(2) Carrying out highly focused, innovative, lo6 cally designed, evidence-based activities to expand or 

7 enhance existing language instruction educational 

8 programs and academic content instruction programs 

9 for English learners and immigrant children and 

10 youth. 

11 ‘‘(3) Implementing, within an individual school, 

12 schoolwide programs for restructuring, reforming, and 

13 upgrading all relevant programs, activities, and oper14 ations relating to language instruction educational 

15 programs and academic content instruction for 

16 English learners and immigrant children and youth. 

17 ‘‘(4) Implementing, within the entire jurisdiction 

18 of a local educational agency, agencywide programs 

19 for restructuring, reforming, and upgrading all rel20 evant programs, activities, and operations relating to 

21 language instruction educational programs and aca22 demic content instruction for English learners and 

23 immigrant children and youth. 

24 ‘‘(b) ADMINISTRATIVE EXPENSES.—Each eligible enti25 ty receiving funds under section 1193(a) for a fiscal year 
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1 shall use not more than 2 percent of such funds for the cost 

2 of administering this chapter. 

3 ‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligi4 ble entity receiving funds under section 1193(a) shall use 

5 the funds— 

6 ‘‘(1) to increase the English language proficiency 

7 of English learners by providing high-quality, evi8 dence-based language instruction educational pro9 grams that meet the needs of English learners and 

10 have demonstrated success in increasing— 

11 ‘‘(A) English language proficiency; and 

12 ‘‘(B) student academic achievement; 

13 ‘‘(2) to provide high-quality, evidence-based pro14 fessional development to classroom teachers (including 

15 teachers in classroom settings that are not the settings 

16 of language instruction educational programs), school 

17 leaders, administrators, and other school or commu18 nity-based organization personnel, that is— 

19 ‘‘(A) designed to improve the instruction 

20 and assessment of English learners; 

21 ‘‘(B) designed to enhance the ability of 

22 teachers and school leaders to understand and 

23 implement curricula, assessment practices and 

24 measures, and instruction strategies for English 

25 learners; 
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1 ‘‘(C) evidence-based in increasing children’s 

2 English language proficiency or substantially in3 creasing the subject matter knowledge, teaching 

4 knowledge, and teaching skills of teachers; and 

5 ‘‘(D) of sufficient intensity and duration 

6 (which shall not include activities such as one7 day or short-term workshops and conferences) to 

8 have a positive and lasting impact on the teach9 ers’ performance in the classroom, except that 

10 this subparagraph shall not apply to an activity 

11 that is one component of a long-term, com12 prehensive professional development plan estab13 lished by a teacher and the teacher’s supervisor 

14 based on an assessment of the needs of the teach15 er, the supervisor, the students of the teacher, 

16 and any local educational agency employing the 

17 teacher, as appropriate; and 

18 ‘‘(3) to provide and implement other evidence19 based activities and strategies that enhance or supple20 ment language instruction educational programs for 

21 English learners, including parental and community 

22 engagement activities and strategies that serve to co23 ordinate and align related programs. 

24 ‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Subject 

25 to subsection (c), an eligible entity receiving funds under 
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1 section 1193(a) may use the funds to achieve one of the pur2 poses described in subsection (a) by undertaking one or 

3 more of the following activities: 

4 ‘‘(1) Upgrading program objectives and effective 

5 instruction strategies. 

6 ‘‘(2) Improving the instruction program for 

7 English learners by identifying, acquiring, and up8 grading curricula, instruction materials, educational 

9 software, and assessment procedures. 

10 ‘‘(3) Providing to English learners— 

11 ‘‘(A) tutorials and academic or career edu12 cation for English learners; and 

13 ‘‘(B) intensified instruction. 

14 ‘‘(4) Developing and implementing elementary 

15 school or secondary school language instruction edu16 cational programs that are coordinated with other 

17 relevant programs and services. 

18 ‘‘(5) Improving the English language proficiency 

19 and academic achievement of English learners. 

20 ‘‘(6) Providing community participation pro21 grams, family literacy services, and parent outreach 

22 and training activities to English learners and their 

23 families— 

24 ‘‘(A) to improve the English language skills 

25 of English learners; and 
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1 ‘‘(B) to assist parents in helping their chil2 dren to improve their academic achievement and 

3 becoming active participants in the education of 

4 their children. 

5 ‘‘(7) Improving the instruction of English learn6 ers by providing for— 

7 ‘‘(A) the acquisition or development of edu8 cational technology or instructional materials; 

9 ‘‘(B) access to, and participation in, elec10 tronic networks for materials, training, and 

11 communication; and 

12 ‘‘(C) incorporation of the resources described 

13 in subparagraphs (A) and (B) into curricula 

14 and programs, such as those funded under this 

15 chapter. 

16 ‘‘(8) Carrying out other activities that are con17 sistent with the purposes of this section. 

18 ‘‘(e) ACTIVITIES BY AGENCIES EXPERIENCING SUB19 STANTIAL INCREASES IN IMMIGRANT CHILDREN AND

20 YOUTH.— 

21 ‘‘(1) IN GENERAL.—An eligible entity receiving 

22 funds under section 1193(d)(1) shall use the funds to 

23 pay for activities that provide enhanced instructional 

24 opportunities for immigrant children and youth, 

25 which may include— 
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1 ‘‘(A) family literacy, parent outreach, and 

2 training activities designed to assist parents to 

3 become active participants in the education of 

4 their children; 

5 ‘‘(B) support for personnel, including para6 professionals who have been specifically trained, 

7 or are being trained, to provide services to immi8 grant children and youth; 

9 ‘‘(C) provision of tutorials, mentoring, and 

10 academic or career counseling for immigrant 

11 children and youth; 

12 ‘‘(D) identification, development, and ac13 quisition of curricular materials, educational 

14 software, and technologies to be used in the pro15 gram carried out with awarded funds; 

16 ‘‘(E) basic instruction services that are di17 rectly attributable to the presence in the local 

18 educational agency involved of immigrant chil19 dren and youth, including the payment of costs 

20 of providing additional classroom supplies, costs 

21 of transportation, or such other costs as are di22 rectly attributable to such additional basic in23 struction services; 

24 ‘‘(F) other instruction services that are de25 signed to assist immigrant children and youth to 
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1 achieve in elementary schools and secondary 

2 schools in the United States, such as programs of 

3 introduction to the educational system and civics 

4 education; and 

5 ‘‘(G) activities, coordinated with commu6 nity-based organizations, institutions of higher 

7 education, private sector entities, or other enti8 ties with expertise in working with immigrants, 

9 to assist parents of immigrant children and 

10 youth by offering comprehensive community 

11 services. 

12 ‘‘(2) DURATION OF SUBGRANTS.—The duration 

13 of a subgrant made by a State educational agency 

14 under section 1193(d)(1) shall be determined by the 

15 agency in its discretion. 

16 ‘‘(f) SELECTION OF METHOD OF INSTRUCTION.— 

17 ‘‘(1) IN GENERAL.—To receive a subgrant from 

18 a State educational agency under this chapter, an eli19 gible entity shall select one or more methods or forms 

20 of instruction to be used in the programs and activi21 ties undertaken by the entity to assist English learn22 ers to attain English language proficiency and meet 

23 State academic standards. 

24 ‘‘(2) CONSISTENCY.—Such selection shall be con25 sistent with sections 1204 through 1206. 
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1 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds 

2 made available under this chapter shall be used so as to 

3 supplement the level of Federal, State, and local public 

4 funds that, in the absence of such availability, would have 

5 been expended for programs for English learners and immi6 grant children and youth and in no case to supplant such 

7 Federal, State, and local public funds. 

8 ‘‘SEC. 1195. LOCAL PLANS. 

9 ‘‘(a) FILING FOR SUBGRANTS.—Each eligible entity 

10 desiring a subgrant from the State educational agency 

11 under section 1193 shall submit a plan to the State edu12 cational agency at such time, in such manner, and con13 taining such information as the State educational agency 

14 may require. 

15 ‘‘(b) CONTENTS.—Each plan submitted under sub16 section (a) shall— 

17 ‘‘(1) describe the evidence-based programs and 

18 activities proposed to be developed, implemented, and 

19 administered under the subgrant that will help 

20 English learners increase their English language pro21 ficiency and meet the State academic standards; 

22 ‘‘(2) describe how the eligible entity will hold ele23 mentary schools and secondary schools receiving funds 

24 under this chapter accountable for annually assessing 

25 the English language proficiency of all children par-
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1 ticipating under this subpart, consistent with section 

2 1111(b); 

3 ‘‘(3) describe how the eligible entity will promote 

4 parent and community engagement in the education 

5 of English learners; 

6 ‘‘(4) contain an assurance that the eligible entity 

7 consulted with teachers, researchers, school adminis8 trators, parents and community members, public or 

9 private organizations, and institutions of higher edu10 cation, in developing and implementing such plan; 

11 ‘‘(5) describe how language instruction edu12 cational programs carried out under the subgrant will 

13 ensure that English learners being served by the pro14 grams develop English language proficiency; and 

15 ‘‘(6) contain assurances that— 

16 ‘‘(A) each local educational agency that is 

17 included in the eligible entity is complying with 

18 section 1112(g) prior to, and throughout, each 

19 school year; and 

20 ‘‘(B) the eligible entity is not in violation 

21 of any State law, including State constitutional 

22 law, regarding the education of English learners, 

23 consistent with sections 1205 and 1206. 

24 ‘‘(c) TEACHER ENGLISH FLUENCY.—Each eligible en25 tity receiving a subgrant under section 1193 shall include 
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1 in its plan a certification that all teachers in any language 

2 instruction educational program for English learners that 

3 is, or will be, funded under this subpart are fluent in 

4 English and any other language used for instruction, in5 cluding having written and oral communications skills. 

6 ‘‘CHAPTER B—ADMINISTRATION 

7 ‘‘SEC. 1201. REPORTING. 

8 ‘‘(a) IN GENERAL.—Each eligible entity that receives 

9 a subgrant from a State educational agency under chapter 

10 A shall provide such agency, at the conclusion of every sec11 ond fiscal year during which the subgrant is received, with 

12 a report, in a form prescribed by the agency, on the activi13 ties conducted and students served under this subpart that 

14 includes— 

15 ‘‘(1) a description of the programs and activities 

16 conducted by the entity with funds received under 

17 chapter A during the two immediately preceding fis18 cal years, including how such programs and activities 

19 supplemented programs funded primarily with State 

20 or local funds; 

21 ‘‘(2) a description of the progress made by 

22 English learners in learning the English language 

23 and in meeting State academic standards; 

24 ‘‘(3) the number and percentage of English 

25 learners in the programs and activities attaining 
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1 English language proficiency based on the State 

2 English language proficiency standards established 

3 under section 1111(b)(1)(E) by the end of each school 

4 year, as determined by the State’s English language 

5 proficiency assessment under section 1111(b)(2)(D); 

6 ‘‘(4) the number of English learners who exit the 

7 language instruction educational programs based on 

8 their attainment of English language proficiency and 

9 transitioned to classrooms not tailored for English 

10 learners; 

11 ‘‘(5) a description of the progress made by 

12 English learners in meeting the State academic 

13 standards for each of the 2 years after such children 

14 are no longer receiving services under this subpart; 

15 ‘‘(6) the number and percentage of English 

16 learners who have not attained English language pro17 ficiency within five years of initial classification as 

18 an English learner and first enrollment in the local 

19 educational agency; and 

20 ‘‘(7) any such other information as the State 

21 educational agency may require. 

22 ‘‘(b) USE OF REPORT.—A report provided by an eligi23 ble entity under subsection (a) shall be used by the entity 

24 and the State educational agency— 
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1 ‘‘(1) to determine the effectiveness of programs 

2 and activities in assisting children who are English 

3 learners— 

4 ‘‘(A) to attain English language pro5 ficiency; and 

6 ‘‘(B) to make progress in meeting State aca7 demic standards under section 1111(b)(1); and 

8 ‘‘(2) upon determining the effectiveness of pro9 grams and activities based on the criteria in para10 graph (1), to decide how to improve programs. 

11 ‘‘SEC. 1202. ANNUAL REPORT. 

12 ‘‘(a) STATES.—Based upon the reports provided to a 

13 State educational agency under section 1201, each such 

14 agency that receives a grant under this subpart shall pre15 pare and submit annually to the Secretary a report on pro16 grams and activities carried out by the State educational 

17 agency under this subpart and the effectiveness of such pro18 grams and activities in improving the education provided 

19 to English learners. 

20 ‘‘(b) SECRETARY.—Annually, the Secretary shall pre21 pare and submit to the Committee on Education and the 

22 Workforce of the House of Representatives and the Com23 mittee on Health, Education, Labor, and Pensions of the 

24 Senate a report— 
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1 ‘‘(1) on programs and activities carried out to 

2 serve English learners under this subpart, and the ef3 fectiveness of such programs and activities in improv4 ing the academic achievement and English language 

5 proficiency of English learners; 

6 ‘‘(2) on the types of language instruction edu7 cational programs used by local educational agencies 

8 or eligible entities receiving funding under this sub9 part to teach English learners; 

10 ‘‘(3) containing a critical synthesis of data re11 ported by eligible entities to States under section 

12 1201(a); 

13 ‘‘(4) containing a description of technical assist14 ance and other assistance provided by State edu15 cational agencies under section 1191(b)(2)(C); 

16 ‘‘(5) containing an estimate of the number of ef17 fective teachers working in language instruction edu18 cational programs and educating English learners, 

19 and an estimate of the number of such teachers that 

20 will be needed for the succeeding 5 fiscal years; 

21 ‘‘(6) containing the number of programs or ac22 tivities, if any, that were terminated because the enti23 ties carrying out the programs or activities were not 

24 able to reach program goals; 
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1 ‘‘(7) containing the number of English learners 

2 served by eligible entities receiving funding under this 

3 subpart who were transitioned out of language in4 struction educational programs funded under this 

5 subpart into classrooms where instruction is not tai6 lored for English learners; and 

7 ‘‘(8) containing other information gathered from 

8 other reports submitted to the Secretary under this 

9 subpart when applicable. 

10 ‘‘SEC. 1203. COORDINATION WITH RELATED PROGRAMS. 

11 ‘‘In order to maximize Federal efforts aimed at serving 

12 the educational needs of English learners, the Secretary 

13 shall coordinate and ensure close cooperation with other en14 tities carrying out programs serving language-minority 

15 and English learners that are administered by the Depart16 ment and other agencies. The Secretary shall report to the 

17 Congress on parallel Federal programs in other agencies 

18 and departments. 

19 ‘‘SEC. 1204. RULES OF CONSTRUCTION. 

20 ‘‘Nothing in this subpart shall be construed— 

21 ‘‘(1) to prohibit a local educational agency from 

22 serving English learners simultaneously with children 

23 with similar educational needs, in the same edu24 cational settings where appropriate; 
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1 ‘‘(2) to require a State or a local educational 

2 agency to establish, continue, or eliminate any par3 ticular type of instructional program for English 

4 learners; or 

5 ‘‘(3) to limit the preservation or use of Native 

6 American languages. 

7 ‘‘SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW. 

8 ‘‘Nothing in this subpart shall be construed to negate 

9 or supersede State law, or the legal authority under State 

10 law of any State agency, State entity, or State public offi11 cial, over programs that are under the jurisdiction of the 

12 State agency, entity, or official. 

13 ‘‘SEC. 1206. CIVIL RIGHTS. 

14 ‘‘Nothing in this subpart shall be construed in a man15 ner inconsistent with any Federal law guaranteeing a civil 

16 right. 

17 ‘‘SEC. 1207. PROHIBITION. 

18 ‘‘In carrying out this subpart, the Secretary shall nei19 ther mandate nor preclude the use of a particular cur20 ricular or pedagogical approach to educating English 

21 learners. 

22 ‘‘SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND PUER23 TO RICO. 

24 ‘‘Notwithstanding any other provision of this subpart, 

25 programs authorized under this subpart that serve Native 
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1 American (including Native American Pacific Islander) 

2 children and children in the Commonwealth of Puerto Rico 

3 may include programs of instruction, teacher training, cur4 riculum development, evaluation, and assessment designed 

5 for Native American children learning and studying Native 

6 American languages and children of limited Spanish pro7 ficiency, except that an outcome of programs serving such 

8 children shall be increased English proficiency among such 

9 children. 

10 ‘‘CHAPTER C—NATIONAL ACTIVITIES 

11 ‘‘SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT 

12 PROJECT. 

13 ‘‘The Secretary shall use funds made available under 

14 section 1191(c)(1)(B) to award grants on a competitive 

15 basis, for a period of not more than 5 years, to institutions 

16 of higher education or public or private organizations with 

17 relevant experience and capacity (in consortia with State 

18 educational agencies or local educational agencies) to pro19 vide for professional development activities that will im20 prove classroom instruction for English learners and assist 

21 educational personnel working with such children to meet 

22 high professional standards, including standards for certifi23 cation and licensure as teachers who work in language in24 struction educational programs or serve English learners. 

25 Grants awarded under this subsection may be used— 
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1 ‘‘(1) for preservice, evidence-based professional 

2 development programs that will assist local schools 

3 and institutions of higher education to upgrade the 

4 qualifications and skills of educational personnel who 

5 are not certified or licensed, especially educational 

6 paraprofessionals; 

7 ‘‘(2) for the development of curricula or other in8 structional strategies appropriate to the needs of the 

9 consortia participants involved; 

10 ‘‘(3) to support strategies that strengthen and in11 crease parent and community member engagement in 

12 the education of English learners; and 

13 ‘‘(4) to share and disseminate evidence-based 

14 practices in the instruction of English learners and in 

15 increasing their student achievement. 

16 ‘‘CHAPTER D—GENERAL PROVISIONS 

17 ‘‘SEC. 1221. DEFINITIONS. 

18 ‘‘Except as otherwise provided, in this subpart: 

19 ‘‘(1) CHILD.—The term ‘child’ means any indi20 vidual aged 3 through 21. 

21 ‘‘(2) COMMUNITY-BASED ORGANIZATION.—The 

22 term ‘community-based organization’ means a private 

23 nonprofit organization of demonstrated effectiveness, 

24 Indian tribe, or tribally sanctioned educational au25 thority, that is representative of a community or sig-
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1 nificant segments of a community and that provides 

2 educational or related services to individuals in the 

3 community. Such term includes a Native Hawaiian 

4 or Native American Pacific Islander native language 

5 educational organization. 

6 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible enti7 ty’ means— 

8 ‘‘(A) one or more local educational agencies; 

9 or 

10 ‘‘(B) one or more local educational agencies, 

11 in consortia (or collaboration) with an institu12 tion of higher education, community-based orga13 nization, or State educational agency. 

14 ‘‘(4) IMMIGRANT CHILDREN AND YOUTH.—The 

15 term ‘immigrant children and youth’ means individ16 uals who— 

17 ‘‘(A) are age 3 through 21; 

18 ‘‘(B) were not born in any State; and 

19 ‘‘(C) have not been attending one or more 

20 schools in any one or more States for more than 

21 3 full academic years. 

22 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 

23 means any Indian tribe, band, nation, or other orga24 nized group or community, including any Native vil25 lage or Regional Corporation or Village Corporation 
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1 as defined in or established pursuant to the Alaska 

2 Native Claims Settlement Act, that is recognized as 

3 eligible for the special programs and services provided 

4 by the United States to Indians because of their sta5 tus as Indians. 

6 ‘‘(6) LANGUAGE INSTRUCTION EDUCATIONAL

7 PROGRAM.—The term ‘language instruction edu8 cational program’ means an instruction course— 

9 ‘‘(A) in which an English learner is placed 

10 for the purpose of developing and attaining 

11 English language proficiency, while meeting 

12 State academic standards, as required by section 

13 1111(b)(1); and 

14 ‘‘(B) that may make instructional use of 

15 both English and a child’s native language to en16 able the child to develop and attain English lan17 guage proficiency, and may include the partici18 pation of English language proficient children if 

19 such course is designed to enable all partici20 pating children to become proficient in English 

21 and a second language. 

22 ‘‘(7) NATIVE LANGUAGE.—The term ‘native lan23 guage’, when used with reference to English learner, 

24 means— 
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1 ‘‘(A) the language normally used by such 

2 individual; or 

3 ‘‘(B) in the case of a child or youth, the lan4 guage normally used by the parents of the child 

5 or youth. 

6 ‘‘(8) PARAPROFESSIONAL.—The term ‘para7 professional’ means an individual who is employed in 

8 a preschool, elementary school, or secondary school 

9 under the supervision of a certified or licensed teach10 er, including individuals employed in language in11 struction educational programs, special education, 

12 and migratory education. 

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

14 50 States, the District of Columbia, and the Common15 wealth of Puerto Rico. 

16 ‘‘SEC. 1222. NATIONAL CLEARINGHOUSE. 

17 ‘‘(a) IN GENERAL.—The Secretary shall establish and 

18 support the operation of a National Clearinghouse for 

19 English Language Acquisition and Language Instruction 

20 Educational Programs, which shall collect, analyze, syn21 thesize, and disseminate information about language in22 struction educational programs for English learners, and 

23 related programs. The National Clearinghouse shall— 

24 ‘‘(1) be administered as an adjunct clearinghouse 

25 of the Educational Resources Information Center 
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1 Clearinghouses system supported by the Institute of 

2 Education Sciences; 

3 ‘‘(2) coordinate activities with Federal data and 

4 information clearinghouses and entities operating 

5 Federal dissemination networks and systems; 

6 ‘‘(3) develop a system for improving the oper7 ation and effectiveness of federally funded language 

8 instruction educational programs; 

9 ‘‘(4) collect and disseminate information on— 

10 ‘‘(A) educational research and processes re11 lated to the education of English learners; and 

12 ‘‘(B) accountability systems that monitor 

13 the academic progress of English learners in lan14 guage instruction educational programs, includ15 ing information on academic content and 

16 English language proficiency assessments for 

17 language instruction educational programs; and 

18 ‘‘(5) publish, on an annual basis, a list of grant 

19 recipients under this subpart. 

20 ‘‘(b) CONSTRUCTION.—Nothing in this section shall 

21 authorize the Secretary to hire new personnel to execute sub22 section (a). 

23 ‘‘SEC. 1223. REGULATIONS. 

24 ‘‘In developing regulations under this subpart, the Sec25 retary shall consult with State educational agencies and 
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1 local educational agencies, organizations representing 

2 English learners, and organizations representing teachers 

3 and other personnel involved in the education of English 

4 learners. 

5 ‘‘Subpart 5—Rural Education Achievement Program 

6 ‘‘SEC. 1230. PURPOSE. 

7 ‘‘It is the purpose of this subpart to address the unique 

8 needs of rural school districts that frequently— 

9 ‘‘(1) lack the personnel and resources needed to 

10 compete effectively for Federal competitive grants; 

11 and 

12 ‘‘(2) receive formula grant allocations in 

13 amounts too small to be effective in meeting their in14 tended purposes. 

15 ‘‘CHAPTER A—SMALL, RURAL SCHOOL 

16 ACHIEVEMENT PROGRAM 

17 ‘‘SEC. 1231. GRANT PROGRAM AUTHORIZED. 

18 ‘‘(a) IN GENERAL.—From amounts appropriated 

19 under section 3(a)(1) for a fiscal year, the Secretary shall 

20 reserve 0.6 of one percent to award grants to eligible local 

21 educational agencies to enable the local educational agencies 

22 to carry out activities authorized under any of the following 

23 provisions: 

24 ‘‘(1) Part A of title I. 

25 ‘‘(2) Title II. 
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1 ‘‘(3) Title III. 

2 ‘‘(b) ALLOCATION.— 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (3), the Secretary shall award a grant under 

5 subsection (a) to a local educational agency eligible 

6 under subsection (d) for a fiscal year in an amount 

7 equal to the initial amount determined under para8 graph (2) for the fiscal year minus the total amount 

9 received by the agency in subpart 2 of part A of title 

10 II for the preceding fiscal year. 

11 ‘‘(2) DETERMINATION OF INITIAL AMOUNT.—The 

12 initial amount referred to in paragraph (1) is equal 

13 to $100 multiplied by the total number of students in 

14 excess of 50 students, in average daily attendance at 

15 the schools served by the local educational agency, 

16 plus $20,000, except that the initial amount may not 

17 exceed $60,000. 

18 ‘‘(3) RATABLE ADJUSTMENT.— 

19 ‘‘(A) IN GENERAL.—If the amount made 

20 available to carry out this section for any fiscal 

21 year is not sufficient to pay in full the amounts 

22 that local educational agencies are eligible to re23 ceive under paragraph (1) for such year, the Sec24 retary shall ratably reduce such amounts for 

25 such year. 
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1 ‘‘(B) ADDITIONAL AMOUNTS.—If additional 

2 funds become available for making payments 

3 under paragraph (1) for such fiscal year, pay4 ments that were reduced under subparagraph (A) 

5 shall be increased on the same basis as such pay6 ments were reduced. 

7 ‘‘(c) DISBURSEMENT.—The Secretary shall disburse 

8 the funds awarded to a local educational agency under this 

9 section for a fiscal year not later than July 1 of that fiscal 

10 year. 

11 ‘‘(d) ELIGIBILITY.— 

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

13 shall be eligible to use the applicable funding in ac14 cordance with subsection (a) if— 

15 ‘‘(A)(i)(I) the total number of students in 

16 average daily attendance at all of the schools 

17 served by the local educational agency is fewer 

18 than 600; or 

19 ‘‘(II) each county in which a school served 

20 by the local educational agency is located has a 

21 total population density of fewer than 10 persons 

22 per square mile; and 

23 ‘‘(ii) all of the schools served by the local 

24 educational agency are designated with a school 
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1 locale code of 41, 42, or 43, as determined by the 

2 Secretary; or 

3 ‘‘(B) the agency meets the criteria estab4 lished in subparagraph (A)(i) and the Secretary, 

5 in accordance with paragraph (2), grants the 

6 local educational agency’s request to waive the 

7 criteria described in subparagraph (A)(ii). 

8 ‘‘(2) CERTIFICATION.—The Secretary shall deter9 mine whether to waive the criteria described in para10 graph (1)(A)(ii) based on a demonstration by the 

11 local educational agency, and concurrence by the 

12 State educational agency, that the local educational 

13 agency is located in an area defined as rural by a 

14 governmental agency of the State. 

15 ‘‘(3) HOLD HARMLESS.—For a local educational 

16 agency that is not eligible under this chapter but met 

17 the eligibility requirements under this subsection as it 

18 was in effect prior to the date of the enactment of the 

19 Student Success Act, the agency shall receive— 

20 ‘‘(A) for fiscal year 2016, 75 percent of the 

21 amount such agency received for fiscal year 

22 2013; 

23 ‘‘(B) for fiscal year 2017, 50 percent of the 

24 amount such agency received for fiscal year 

25 2013; and 
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1 ‘‘(C) for fiscal year 2018, 25 percent of the 

2 amount such agency received for fiscal year 

3 2013. 

4 ‘‘(e) SPECIAL ELIGIBILITY RULE.—A local educational 

5 agency that receives a grant under this chapter for a fiscal 

6 year is not eligible to receive funds for such fiscal year 

7 under chapter B. 

8 ‘‘CHAPTER B—RURAL AND LOW-INCOME 

9 SCHOOL PROGRAM 

10 ‘‘SEC. 1235. PROGRAM AUTHORIZED. 

11 ‘‘(a) GRANTS TO STATES.— 

12 ‘‘(1) IN GENERAL.—From amounts appropriated 

13 under section 3(a)(1) for a fiscal year, the Secretary 

14 shall reserve 0.6 of one percent for this chapter for a 

15 fiscal year that are not reserved under subsection (c) 

16 to award grants (from allotments made under para17 graph (2)) for the fiscal year to State educational 

18 agencies that have applications submitted under sec19 tion 1237 approved to enable the State educational 

20 agencies to award grants to eligible local educational 

21 agencies for local authorized activities described in 

22 section 1236(a). 

23 ‘‘(2) ALLOTMENT.—From amounts described in 

24 paragraph (1) for a fiscal year, the Secretary shall 

25 allot to each State educational agency for that fiscal 
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1 year an amount that bears the same ratio to those 

2 amounts as the number of students in average daily 

3 attendance served by eligible local educational agen4 cies in the State for that fiscal year bears to the num5 ber of all such students served by eligible local edu6 cational agencies in all States for that fiscal year. 

7 ‘‘(3) SPECIALLY QUALIFIED AGENCIES.— 

8 ‘‘(A) ELIGIBILITY AND APPLICATION.—If a 

9 State educational agency elects not to participate 

10 in the program under this subpart or does not 

11 have an application submitted under section 

12 1237 approved, a specially qualified agency in 

13 such State desiring a grant under this subpart 

14 may submit an application under such section 

15 directly to the Secretary to receive an award 

16 under this subpart. 

17 ‘‘(B) DIRECT AWARDS.—The Secretary may 

18 award, on a competitive basis or by formula, the 

19 amount the State educational agency is eligible 

20 to receive under paragraph (2) directly to a spe21 cially qualified agency in the State that has sub22 mitted an application in accordance with sub23 paragraph (A) and obtained approval of the ap24 plication. 
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1 ‘‘(C) SPECIALLY QUALIFIED AGENCY DE2 FINED.—In this subpart, the term ‘specially 

3 qualified agency’ means an eligible local edu4 cational agency served by a State educational 

5 agency that does not participate in a program 

6 under this subpart in a fiscal year, that may 

7 apply directly to the Secretary for a grant in 

8 such year under this subsection. 

9 ‘‘(b) LOCAL AWARDS.— 

10 ‘‘(1) ELIGIBILITY.—A local educational agency 

11 shall be eligible to receive a grant under this subpart 

12 if— 

13 ‘‘(A) 20 percent or more of the children ages 

14 5 through 17 years served by the local edu15 cational agency are from families with incomes 

16 below the poverty line; and 

17 ‘‘(B) all of the schools served by the agency 

18 are designated with a school locale code of 32, 

19 33, 41, 42, 43, as determined by the Secretary. 

20 ‘‘(2) AWARD BASIS.—A State educational agency 

21 shall award grants to eligible local educational agen22 cies— 

23 ‘‘(A) on a competitive basis; 

24 ‘‘(B) according to a formula based on the 

25 number of students in average daily attendance 
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1 served by the eligible local educational agencies 

2 or schools in the State; or 

3 ‘‘(C) according to an alternative formula, if, 

4 prior to awarding the grants, the State edu5 cational agency demonstrates, to the satisfaction 

6 of the Secretary, that the alternative formula en7 ables the State educational agency to allot the 

8 grant funds in a manner that serves equal or 

9 greater concentrations of children from families 

10 with incomes below the poverty line, relative to 

11 the concentrations that would be served if the 

12 State educational agency used the formula de13 scribed in subparagraph (B). 

14 ‘‘(c) RESERVATIONS.—From amounts reserved under 

15 section 1235(a)(1) for this chapter for a fiscal year, the Sec16 retary shall reserve— 

17 ‘‘(1) one-half of 1 percent to make awards to ele18 mentary schools or secondary schools operated or sup19 ported by the Bureau of Indian Education, to carry 

20 out the activities authorized under this chapter; and 

21 ‘‘(2) one-half of 1 percent to make awards to the 

22 outlying areas in accordance with their respective 

23 needs, to carry out the activities authorized under this 

24 chapter. 
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1 ‘‘SEC. 1236. USES OF FUNDS. 

2 ‘‘(a) LOCAL AWARDS.—Grant funds awarded to local 

3 educational agencies under this chapter shall be used for 

4 activities authorized under any of the following: 

5 ‘‘(1) Part A of title I. 

6 ‘‘(2) Title II. 

7 ‘‘(3) Title III. 

8 ‘‘(b) ADMINISTRATIVE COSTS.—A State educational 

9 agency receiving a grant under this chapter may not use 

10 more than 5 percent of the amount of the grant for State 

11 administrative costs and to provide technical assistance to 

12 eligible local educational agencies. 

13 ‘‘SEC. 1237. APPLICATIONS. 

14 ‘‘(a) IN GENERAL.—Each State educational agency or 

15 specially qualified agency desiring to receive a grant under 

16 this chapter shall submit an application to the Secretary 

17 at such time and in such manner as the Secretary may 

18 require. 

19 ‘‘(b) CONTENTS.—Each application submitted under 

20 subsection (a) shall include— 

21 ‘‘(1) a description of how the State educational 

22 agency or specially qualified agency will ensure eligi23 ble local educational agencies receiving a grant under 

24 this chapter will use such funds to help students meet 

25 the State academic standards under section 

26 1111(b)(1); 
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1 ‘‘(2) if the State educational agency or specially 

2 qualified agency will competitively award grants to 

3 eligible local educational agencies, as described in sec4 tion 1235(b)(2)(A), the application under the section 

5 shall include— 

6 ‘‘(A) the methods and criteria the State edu7 cational agency or specially qualified agency 

8 will use for reviewing applications and award9 ing funds to local educational agencies on a com10 petitive basis; and 

11 ‘‘(B) how the State educational agency or 

12 specially qualified agency will notify eligible 

13 local educational agencies of the grant competi14 tion; and 

15 ‘‘(3) a description of how the State educational 

16 agency or specially qualified agency will provide tech17 nical assistance to eligible local educational agencies 

18 to help such agencies implement the activities de19 scribed in section 1236(a). 

20 ‘‘SEC. 1238. ACCOUNTABILITY. 

21 ‘‘Each State educational agency or specially qualified 

22 agency that receives a grant under this chapter shall pre23 pare and submit an annual report to the Secretary. The 

24 report shall describe— 
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1 ‘‘(1) the methods and criteria the State edu2 cational agency or specially qualified agency used to 

3 award grants to eligible local educational agencies, 

4 and to provide assistance to schools, under this chap5 ter; 

6 ‘‘(2) how local educational agencies and schools 

7 used funds provided under this chapter; and 

8 ‘‘(3) the degree to which progress has been made 

9 toward having all students meet the State academic 

10 standards under section 1111(b)(1). 

11 ‘‘SEC. 1239. CHOICE OF PARTICIPATION. 

12 ‘‘(a) IN GENERAL.—If a local educational agency is 

13 eligible for funding under chapters A and B of this subpart, 

14 such local educational agency may receive funds under ei15 ther chapter A or chapter B for a fiscal year, but may not 

16 receive funds under both chapters. 

17 ‘‘(b) NOTIFICATION.—A local educational agency eligi18 ble for both chapters A and B of this subpart shall notify 

19 the Secretary and the State educational agency under which 

20 of such chapters such local educational agency intends to 

21 receive funds for a fiscal year by a date that is established 

22 by the Secretary for the notification. 
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1 ‘‘CHAPTER C—GENERAL PROVISIONS 

2 ‘‘SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETER3 MINATION. 

4 ‘‘(a) CENSUS DETERMINATION.—Each local edu5 cational agency desiring a grant under section 1231 and 

6 each local educational agency or specially qualified agency 

7 desiring a grant under chapter B shall— 

8 ‘‘(1) not later than December 1 of each year, con9 duct a census to determine the number of students in 

10 average daily attendance in kindergarten through 

11 grade 12 at the schools served by the agency; and 

12 ‘‘(2) not later than March 1 of each year, submit 

13 the number described in paragraph (1) to the Sec14 retary (and to the State educational agency, in the 

15 case of a local educational agency seeking a grant 

16 under subpart 2). 

17 ‘‘(b) PENALTY.—If the Secretary determines that a 

18 local educational agency or specially qualified agency has 

19 knowingly submitted false information under subsection (a) 

20 for the purpose of gaining additional funds under section 

21 1231 or chapter B, then the agency shall be fined an amount 

22 equal to twice the difference between the amount the agency 

23 received under this section and the correct amount the agen24 cy would have received under section 1231 or chapter B 
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1 if the agency had submitted accurate information under 

2 subsection (a). 

3 ‘‘SEC. 1242. SUPPLEMENT, NOT SUPPLANT. 

4 ‘‘Funds made available under chapter A or chapter B 

5 shall be used to supplement, and not supplant, any other 

6 Federal, State, or local education funds. 

7 ‘‘SEC. 1243. RULE OF CONSTRUCTION. 

8 ‘‘Nothing in this subpart shall be construed to prohibit 

9 a local educational agency that enters into cooperative ar10 rangements with other local educational agencies for the 

11 provision of special, compensatory, or other education serv12 ices, pursuant to State law or a written agreement, from 

13 entering into similar arrangements for the use, or the co14 ordination of the use, of the funds made available under 

15 this subpart.’’. 

16 (b) STRIKE.—The Act is amended by striking title VII 

17 (20 U.S.C. 7401 et seq.). 

18 Subtitle D—National Assessment 

19 SEC. 141. NATIONAL ASSESSMENT OF TITLE I. 

20 (a) IN GENERAL.—Part E of title I (20 U.S.C. 6491 

21 et seq.) is redesignated as part B of title I. 

22 (b) REPEALS.—Sections 1502 and 1504 (20 U.S.C. 

23 6492; 6494) are repealed. 
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1 (c) REDESIGNATIONS.—Sections 1501 and 1503 (20 

2 U.S.C. 6491; 6493) are redesignated as sections 1301 and 

3 1302, respectively. 

4 (d) AMENDMENTS TO SECTION 1301.—Section 1301 

5 (20 U.S.C. 6491), as so redesignated, is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1), by inserting ‘‘, acting 

8 through the Director of the Institute of Edu9 cation Sciences (in this section and section 1302 

10 referred to as the ‘Director’),’’ after ‘‘The Sec11 retary’’; 

12 (B) in paragraph (2)— 

13 (i) by striking ‘‘Secretary’’ and insert14 ing ‘‘Director’’; 

15 (ii) in subparagraph (A), by striking 

16 ‘‘reaching the proficient level’’ and all that 

17 follows and inserting ‘‘graduating high 

18 school prepared for postsecondary education 

19 or the workforce.’’; 

20 (iii) in subparagraph (B), by striking 

21 ‘‘reach the proficient’’ and all that follows 

22 and inserting ‘‘meet State academic stand23 ards.’’; 

24 (iv) by striking subparagraphs (D) 

25 and (G) and redesignating subparagraphs 
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1 (E), (F), and (H) through (O) as subpara2 graphs (D) through (M), respectively; 

3 (v) in subparagraph (D)(v) (as so re4 designated), by striking ‘‘help schools in 

5 which’’ and all that follows and inserting 

6 ‘‘address disparities in the percentages of ef7 fective teachers teaching in low-income 

8 schools.’’; 

9 (vi) in subparagraph (G) (as so redes10 ignated)— 

11 (I) by striking ‘‘section 1116’’ and 

12 inserting ‘‘section 1111(b)(3)(B)(iii)’’; 

13 and 

14 (II) by striking ‘‘, including the 

15 following’’ and all that follows and in16 serting a period; 

17 (vii) in subparagraph (I) (as so redes18 ignated), by striking ‘‘qualifications’’ and 

19 inserting ‘‘effectiveness’’; 

20 (viii) in subparagraph (J) (as so redes21 ignated), by striking ‘‘, including funds 

22 under section 1002,’’; 

23 (ix) in subparagraph (L) (as so redes24 ignated), by striking ‘‘section 
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1 1111(b)(2)(C)(v)(II)’’ and inserting ‘‘section 

2 1111(b)(3)(B)(ii)(II)’’; and 

3 (x) in subparagraph (M) (as so redes4 ignated), by striking ‘‘Secretary’’ and in5 serting ‘‘Director’’; 

6 (C) in paragraph (3), by striking ‘‘Sec7 retary’’ and inserting ‘‘Director’’; 

8 (D) in paragraph (4), by striking ‘‘Sec9 retary’’ and inserting ‘‘Director’’; 

10 (E) in paragraph (5), by striking ‘‘Sec11 retary’’ and inserting ‘‘Director’’; and 

12 (F) in paragraph (6)— 

13 (i) by striking ‘‘No Child Left Behind 

14 Act of 2001’’ each place it appears and in15 serting ‘‘Student Success Act’’; and 

16 (ii) by striking ‘‘Secretary’’ each place 

17 it appears and inserting ‘‘Director’’; 

18 (2) in subsection (b), by striking ‘‘Secretary’’ 

19 each place it appears and inserting ‘‘Director’’; 

20 (3) in subsection (c)— 

21 (A) in paragraph (1)— 

22 (i) by striking ‘‘Secretary’’ and insert23 ing ‘‘Director’’; and 

24 (ii) by striking ‘‘part A’’ and inserting 

25 ‘‘subpart 1 of part A’’; 
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1 (B) in paragraph (2)— 

2 (i) by striking ‘‘Secretary’’ and insert3 ing ‘‘Director’’; 

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

5 ‘‘challenging academic achievement stand6 ards’’ and inserting ‘‘State academic stand7 ards’’; 

8 (iii) in subparagraph (E), by striking 

9 ‘‘effects of the availability’’ and all that fol10 lows and inserting ‘‘extent to which actions 

11 authorized under section 1111(b)(3)(B)(iii) 

12 improve the academic achievement of dis13 advantaged students and low-performing 

14 schools.’’; and 

15 (iv) in subparagraph (F), by striking 

16 ‘‘Secretary’’ and inserting ‘‘Director’’; and 

17 (C) in paragraph (3)— 

18 (i) by striking ‘‘Secretary’’ and insert19 ing ‘‘Director’’; and 

20 (ii) by striking subparagraph (C) and 

21 inserting the following: 

22 ‘‘(C) analyzes varying models or strategies 

23 for delivering school services, including 

24 schoolwide and targeted services.’’; and 
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1 (4) in subsection (d), by striking ‘‘Secretary’’ 

2 each place it appears and inserting ‘‘Director’’. 

3 (e) AMENDMENTS TO SECTION 1302.—Section 1302 

4 (20 U.S.C. 6493), as so redesignated, is amended— 

5 (1) in subsection (a)— 

6 (A) by striking ‘‘Secretary’’ and inserting 

7 ‘‘Director’’; and 

8 (B) by striking ‘‘and for making decisions 

9 about the promotion and graduation of stu10 dents’’; 

11 (2) in subsection (b)— 

12 (A) by striking ‘‘Secretary’’ the first place 

13 it appears and inserting ‘‘Director’’; 

14 (B) by striking ‘‘process,’’ and inserting 

15 ‘‘process consistent with section 1111(e)(1),’’; and 

16 (C) by striking ‘‘Assistant Secretary of 

17 Educational Research and Improvement’’ and 

18 inserting ‘‘Director’’; 

19 (3) in subsection (d)— 

20 (A) in paragraph (1)— 

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

22 ‘‘to the State-defined level of proficiency’’ 

23 and inserting ‘‘toward meeting the State 

24 academic standards’’; and 
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1 (ii) in subparagraph (C), by striking 

2 ‘‘pupil-services’’ and inserting ‘‘specialized 

3 instructional support services’’; 

4 (B) in paragraph (3), by striking ‘‘limited 

5 and nonlimited English proficient students’’ and 

6 inserting ‘‘English learners and non-English 

7 learners’’; and 

8 (C) in paragraph (6), by striking ‘‘Sec9 retary’’ and inserting ‘‘Director’’; and 

10 (4) in subsection (f)— 

11 (A) by striking ‘‘Secretary’’ and inserting 

12 ‘‘Director’’; and 

13 (B) by striking ‘‘authorized to be appro14 priated for this part’’ and inserting ‘‘appro15 priated under section 3(a)(2)’’. 

16 Subtitle E—Title I General 

17 Provisions 

18 SEC. 151. GENERAL PROVISIONS FOR TITLE I. 

19 Part I of title I (20 U.S.C. 6571 et seq.)— 

20 (1) is transferred to appear after part B (as re21 designated); and 

22 (2) is amended to read as follows: 
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1 ‘‘PART C—GENERAL PROVISIONS 

2 ‘‘SEC. 1401. FEDERAL REGULATIONS. 

3 ‘‘(a) IN GENERAL.—The Secretary may, in accordance 

4 with subsections (b) through (d), issue such regulations as 

5 are necessary to reasonably ensure there is compliance with 

6 this title. 

7 ‘‘(b) NEGOTIATED RULEMAKING PROCESS.— 

8 ‘‘(1) IN GENERAL.—Before publishing in the 

9 Federal Register proposed regulations to carry out 

10 this title, the Secretary shall obtain the advice and 

11 recommendations of representatives of Federal, State, 

12 and local administrators, parents, teachers, and mem13 bers of local school boards and other organizations in14 volved with the implementation and operation of pro15 grams under this title, including those representatives 

16 and members nominated by local and national stake17 holder representatives. 

18 ‘‘(2) MEETINGS AND ELECTRONIC EXCHANGE.— 

19 Such advice and recommendations may be obtained 

20 through such mechanisms as regional meetings and 

21 electronic exchanges of information. Such regional 

22 meetings and electronic exchanges of information 

23 shall be public and notice of such meetings and ex24 changes shall be provided to interested stakeholders. 
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1 ‘‘(3) PROPOSED REGULATIONS.—After obtaining 

2 such advice and recommendations, and before pub3 lishing proposed regulations, the Secretary shall— 

4 ‘‘(A) establish a negotiated rulemaking 

5 process; 

6 ‘‘(B) select individuals to participate in 

7 such process from among individuals or groups 

8 that provided advice and recommendations, in9 cluding representation from all geographic re10 gions of the United States, in such numbers as 

11 will provide an equitable balance between rep12 resentatives of parents and students and rep13 resentatives of educators and education officials; 

14 and 

15 ‘‘(C) prepare a draft of proposed policy op16 tions that shall be provided to the individuals se17 lected by the Secretary under subparagraph (B) 

18 not less than 15 days before the first meeting 

19 under such process. 

20 ‘‘(c) PROPOSED RULEMAKING.—If the Secretary deter21 mines that a negotiated rulemaking process is unnecessary 

22 or the individuals selected to participate in the process 

23 under paragraph (3)(B) fail to reach unanimous agree24 ment, the Secretary may propose regulations under the fol25 lowing procedure: 
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1 ‘‘(1) Not less than 30 days prior to beginning a 

2 rulemaking process, the Secretary shall provide to 

3 Congress, including the Committee on Education and 

4 the Workforce of the House of Representatives and the 

5 Committee on Health, Education, Labor, and Pen6 sions of the Senate, notice that shall include— 

7 ‘‘(A) a copy of the proposed regulations; 

8 ‘‘(B) the need to issue regulations; 

9 ‘‘(C) the anticipated burden, including the 

10 time, cost, and paperwork burden, the regula11 tions will have on State educational agencies, 

12 local educational agencies, schools, and other en13 tities that may be impacted by the regulations; 

14 and 

15 ‘‘(D) any regulations that will be repealed 

16 when the new regulations are issued. 

17 ‘‘(2) 30 days after giving notice of the proposed 

18 rule to Congress, the Secretary may proceed with the 

19 rulemaking process after all comments received from 

20 the Congress have been addressed and publishing how 

21 such comments are addressed with the proposed rule. 

22 ‘‘(3) The comment and review period for any 

23 proposed regulation shall be 90 days unless an emer24 gency requires a shorter period, in which case such 
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1 period shall be not less than 45 days and the Sec2 retary shall— 

3 ‘‘(A) designate the proposed regulation as 

4 an emergency with an explanation of the emer5 gency in the notice and report to Congress under 

6 paragraph (1); and 

7 ‘‘(B) publish the length of the comment and 

8 review period in such notice and in the Federal 

9 Register. 

10 ‘‘(4) No regulation shall be made final after the 

11 comment and review period until the Secretary has 

12 published in the Federal Register an independent as13 sessment (which shall include a representative sam14 pling of local educational agencies based on local edu15 cational agency enrollment, urban, suburban, or rural 

16 character, and other factors impacted by the proposed 

17 regulation) of— 

18 ‘‘(A) the burden, including the time, cost, 

19 and paperwork burden, the regulation will im20 pose on State educational agencies, local edu21 cational agencies, schools and other entities that 

22 may be impacted by the regulation; 

23 ‘‘(B) an explanation of how the entities de24 scribed in subparagraph (A) may cover the cost 
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1 of the burden assessed under subparagraph (A); 

2 and 

3 ‘‘(C) the proposed regulation, which thor4 oughly addresses, based on the comments received 

5 during the comment and review period under 

6 paragraph (3), whether the rule is financially, 

7 operationally, and educationally viable at the 

8 local level. 

9 ‘‘(d) LIMITATION.—Regulations to carry out this title 

10 may not require local programs to follow a particular in11 structional model, such as the provision of services outside 

12 the regular classroom or school program. 

13 ‘‘SEC. 1402. AGREEMENTS AND RECORDS. 

14 ‘‘(a) AGREEMENTS.—In the case in which a negotiated 

15 rule making process is established under subsection (b) of 

16 section 1401, all published proposed regulations shall con17 form to agreements that result from the rulemaking de18 scribed in section 1401 unless the Secretary reopens the ne19 gotiated rulemaking process. 

20 ‘‘(b) RECORDS.—The Secretary shall ensure that an 

21 accurate and reliable record of agreements reached during 

22 the negotiations process is maintained. 

23 ‘‘SEC. 1403. STATE ADMINISTRATION. 

24 ‘‘(a) RULEMAKING.— 
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1 ‘‘(1) IN GENERAL.—Each State that receives 

2 funds under this title shall— 

3 ‘‘(A) ensure that any State rules, regula4 tions, and policies relating to this title conform 

5 to the purposes of this title and provide any such 

6 proposed rules, regulations, and policies to the 

7 committee of practitioners created under sub8 section (b) for review and comment; 

9 ‘‘(B) minimize such rules, regulations, and 

10 policies to which the State’s local educational 

11 agencies and schools are subject; 

12 ‘‘(C) eliminate or modify State and local 

13 fiscal accounting requirements in order to facili14 tate the ability of schools to consolidate funds 

15 under schoolwide programs; 

16 ‘‘(D) identify any such rule, regulation, or 

17 policy as a State-imposed requirement; and 

18 ‘‘(E)(i) identify any duplicative or con19 trasting requirements between the State and Fed20 eral rules or regulations; 

21 ‘‘(ii) eliminate the rules and regulations 

22 that are duplicative of Federal requirements; and 

23 ‘‘(iii) report any conflicting requirements to 

24 the Secretary and determine which Federal or 

25 State rule or regulation shall be followed. 
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1 ‘‘(2) SUPPORT AND FACILITATION.—State rules, 

2 regulations, and policies under this title shall support 

3 and facilitate local educational agency and school4 level systemic reform designed to enable all children 

5 to meet the State academic standards. 

6 ‘‘(b) COMMITTEE OF PRACTITIONERS.— 

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

8 agency that receives funds under this title shall create 

9 a State committee of practitioners to advise the State 

10 in carrying out its responsibilities under this title. 

11 ‘‘(2) MEMBERSHIP.—Each such committee shall 

12 include— 

13 ‘‘(A) as a majority of its members, rep14 resentatives from local educational agencies; 

15 ‘‘(B) administrators, including the admin16 istrators of programs described in other parts of 

17 this title; 

18 ‘‘(C) teachers from public charter schools, 

19 traditional public schools, and career and tech20 nical educators; 

21 ‘‘(D) parents; 

22 ‘‘(E) members of local school boards; 

23 ‘‘(F) representatives of public charter school 

24 authorizers; 

25 ‘‘(G) public charter school leaders; 
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1 ‘‘(H) representatives of private school chil2 dren; and 

3 ‘‘(I) specialized instructional support per4 sonnel. 

5 ‘‘(3) DUTIES.—The duties of such committee 

6 shall include a review, before publication, of any pro7 posed or final State rule or regulation pursuant to 

8 this title. In an emergency situation where such rule 

9 or regulation must be issued within a very limited 

10 time to assist local educational agencies with the op11 eration of the program under this title, the State edu12 cational agency may issue a regulation without prior 

13 consultation, but shall immediately thereafter convene 

14 the State committee of practitioners to review the 

15 emergency regulation before issuance in final form. 

16 ‘‘SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED 

17 SPENDING. 

18 ‘‘Nothing in this title shall be construed to mandate 

19 or prohibit equalized spending per pupil for a State, local 

20 educational agency, or school. 

21 ‘‘SEC. 1405. RULE OF CONSTRUCTION FOR COLLECTIVE 

22 BARGAINING. 

23 ‘‘Nothing in this title shall be construed to alter or oth24 erwise affect the rights, remedies, and procedures afforded 

25 to school or local educational agency employees under Fed-
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1 eral, State, or local laws (including applicable regulations 

2 or court orders) or under the terms of collective bargaining 

3 agreements, memoranda of understanding, or other agree4 ments between such employers and their employees.’’. 

5 TITLE II—TEACHER PREPARA6 TION AND EFFECTIVENESS 

7 SEC. 201. TEACHER PREPARATION AND EFFECTIVENESS. 

8 (a) HEADING.—The title heading for title II (20 

9 U.S.C. 6601 et seq.) is amended to read as follows: 

10 ‘‘TITLE II—TEACHER PREPARA11 TION AND EFFECTIVENESS’’. 

12 (b) PART A.—Part A of title II (20 U.S.C. 6601 et 

13 seq.) is amended to read as follows: 

14 ‘‘PART A—SUPPORTING EFFECTIVE INSTRUCTION 

15 ‘‘SEC. 2101. PURPOSE. 

16 ‘‘The purpose of this part is to provide grants to State 

17 educational agencies and subgrants to local educational 

18 agencies to— 

19 ‘‘(1) increase student achievement consistent with 

20 State academic standards under section 1111(b)(1); 

21 ‘‘(2) improve teacher and school leader effective22 ness in classrooms and schools, respectively; 

23 ‘‘(3) provide evidence-based, job-embedded, con24 tinuous professional development; and 
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1 ‘‘(4) if a State educational agency or local edu2 cational agency so chooses, develop and implement 

3 teacher evaluation systems that use, in part, student 

4 achievement data to determine teacher effectiveness. 

5 ‘‘Subpart 1—Grants to States 

6 ‘‘SEC. 2111. ALLOTMENTS TO STATES. 

7 ‘‘(a) IN GENERAL.—Of the amounts appropriated 

8 under section 3(b), the Secretary shall reserve 75 percent 

9 to make grants to States with applications approved under 

10 section 2112 to pay for the Federal share of the cost of car11 rying out the activities specified in section 2113. Each 

12 grant shall consist of the allotment determined for a State 

13 under subsection (b). 

14 ‘‘(b) DETERMINATION OF ALLOTMENTS.— 

15 ‘‘(1) RESERVATION OF FUNDS.—Of the amount 

16 reserved under subsection (a) for a fiscal year, the 

17 Secretary shall reserve— 

18 ‘‘(A) not more than 1 percent to carry out 

19 national activities under section 2132; 

20 ‘‘(B) one-half of 1 percent for allotments to 

21 outlying areas on the basis of their relative need, 

22 as determined by the Secretary, in accordance 

23 with the purpose of this part; and 

24 ‘‘(C) one-half of 1 percent for the Secretary 

25 of the Interior for programs under this part in 
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1 schools operated or funded by the Bureau of In2 dian Education. 

3 ‘‘(2) STATE ALLOTMENTS.— 

4 ‘‘(A) IN GENERAL.—Subject to subpara5 graph (B), from the funds reserved under sub6 section (a) for any fiscal year and not reserved 

7 under paragraph (1), the Secretary shall allot to 

8 each State the sum of— 

9 ‘‘(i) an amount that bears the same re10 lationship to 50 percent of the funds as the 

11 number of individuals age 5 through 17 in 

12 the State, as determined by the Secretary on 

13 the basis of the most recent satisfactory 

14 data, bears to the number of those individ15 uals in all such States, as so determined; 

16 and 

17 ‘‘(ii) an amount that bears the same 

18 relationship to 50 percent of the funds as 

19 the number of individuals age 5 through 17 

20 from families with incomes below the pov21 erty line in the State, as determined by the 

22 Secretary on the basis of the most recent 

23 satisfactory data, bears to the number of 

24 those individuals in all such States, as so 

25 determined. 
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1 ‘‘(B) SMALL STATE MINIMUM.—No State re2 ceiving an allotment under subparagraph (A) 

3 may receive less than one-half of 1 percent of the 

4 total amount of funds allotted under such sub5 paragraph for a fiscal year. 

6 ‘‘(C) APPLICABILITY.— 

7 ‘‘(i) IN GENERAL.—Subparagraph (A) 

8 shall not apply with respect to a fiscal year 

9 unless the Secretary certifies in writing to 

10 Congress for that fiscal year that the 

11 amount of funds allotted under subpara12 graph (A) to local educational agencies that 

13 serve a high percentage of students from 

14 families with incomes below the poverty line 

15 is not less than the amount allotted to such 

16 local educational agencies for fiscal year 

17 2015. 

18 ‘‘(ii) SPECIAL RULE.—For a fiscal 

19 year for which subparagraph (A) does not 

20 apply, the Secretary shall allocate to each 

21 State the funds described in subparagraph 

22 (A) according to the formula set forth in 

23 subsection (b)(2)(B)(i) of this section as in 

24 effect on the day before the date of the enact25 ment of the Student Success Act. 
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1 ‘‘(c) REALLOTMENT.—If a State does not apply for an 

2 allotment under this section for any fiscal year or only a 

3 portion of the State’s allotment is allotted under subsection 

4 (b)(2), the Secretary shall reallot the State’s entire allot5 ment or the remaining portion of its allotment, as the case 

6 may be, to the remaining States in accordance with sub7 section (b). 

8 ‘‘SEC. 2112. STATE APPLICATION. 

9 ‘‘(a) IN GENERAL.—For a State to be eligible to receive 

10 a grant under this subpart, the State educational agency 

11 shall submit an application to the Secretary at such time 

12 and in such a manner as the Secretary may reasonably 

13 require, which shall include the following: 

14 ‘‘(1) A description of how the State educational 

15 agency will meet the requirements of this subpart. 

16 ‘‘(2) A description of how the State educational 

17 agency will use a grant received under section 2111, 

18 including the grant funds the State will reserve for 

19 State-level activities under section 2113(a)(2). 

20 ‘‘(3) A description of how the State educational 

21 agency will facilitate the sharing of evidence-based 

22 and other effective strategies among local educational 

23 agencies. 

24 ‘‘(4) A description of how, and under what 

25 timeline, the State educational agency will allocate 
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1 subgrants under subpart 2 to local educational agen2 cies. 

3 ‘‘(5) If applicable, a description of how the State 

4 educational agency will work with local educational 

5 agencies in the State to develop or implement a teach6 er or school leader evaluation system. 

7 ‘‘(6) An assurance that the State educational 

8 agency will comply with section 6501 (regarding par9 ticipation by private school children and teachers). 

10 ‘‘(7) A description of how the State will estab11 lish, implement, or improve policies and procedures 

12 on background checks for school employees and con13 tractors who have direct unsupervised access to stu14 dents, which may be conducted and administered by 

15 the State or local educational agencies, including 

16 by— 

17 ‘‘(A) expanding the registries or repositories 

18 searched when conducting background checks, in19 cluding— 

20 ‘‘(i) the State criminal registry or re21 pository of the State in which the school em22 ployee resides; 

23 ‘‘(ii) the State-based child abuse and 

24 neglect registries and databases of the State 

25 in which the school employee resides; 
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1 ‘‘(iii) the Federal Bureau of Investiga2 tion fingerprint check using the Integrated 

3 Automated Fingerprint Identification Sys4 tem; 

5 ‘‘(iv) the National Sex Offender Reg6 istry established under the Adam Walsh 

7 Child Protection and Safety Act of 2006 (42 

8 U.S.C. 16901 et seq.); and 

9 ‘‘(v) the National Crime Information 

10 Center; 

11 ‘‘(B) establishing, implementing, or improv12 ing policies and procedures that prohibit em13 ploying as a school employee an individual 

14 who— 

15 ‘‘(i) refuses to consent to a background 

16 check; 

17 ‘‘(ii) makes false statements in connec18 tion with a background check; 

19 ‘‘(iii) has been convicted of a felony, 

20 consisting of— 

21 ‘‘(I) homicide; 

22 ‘‘(II) child abuse or neglect; 

23 ‘‘(III) a crime against children, 

24 including child pornography; 

25 ‘‘(IV) domestic violence; 
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1 ‘‘(V) a crime involving rape or 

2 sexual assault; 

3 ‘‘(VI) kidnaping; 

4 ‘‘(VII) arson; or 

5 ‘‘(VIII) physical assault, battery, 

6 or a drug-related offense, committed on 

7 or after the date that is 5 years before 

8 the date of the individual’s criminal 

9 background check; 

10 ‘‘(iv) has been convicted of any other 

11 crimes, as determined by the State; or 

12 ‘‘(v) is registered or required to be reg13 istered on a State sex offender registry or 

14 the National Sex Offender Registry estab15 lished under the Adam Walsh Child Protec16 tion and Safety Act of 2006 (42 U.S.C. 

17 16901 et seq.); 

18 ‘‘(C) establishing, implementing, or improv19 ing policies and procedures for States, local edu20 cational agencies, or schools to provide the re21 sults of background checks to— 

22 ‘‘(i) individuals subject to the back23 ground checks in a statement that indicates 

24 whether the individual is ineligible for such 

25 employment due to the background check 
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1 and includes information related to each 

2 disqualifying crime; 

3 ‘‘(ii) the employer in a statement that 

4 indicates whether a school employee is eligi5 ble or ineligible for employment, without re6 vealing any disqualifying crime or other re7 lated information regarding the individual; 

8 ‘‘(iii) another employer in the same 

9 State or another State, as permitted under 

10 State law, without revealing any disquali11 fying crime or other related information re12 garding the individual; and 

13 ‘‘(iv) another local educational agency 

14 in the same State or another State that is 

15 considering such school employee for em16 ployment, as permitted under State law, 

17 without revealing any disqualifying crime 

18 or other related information regarding the 

19 individual; and 

20 ‘‘(D) developing, implementing, or improv21 ing mechanisms to assist local educational agen22 cies and schools in effectively recognizing and 

23 quickly responding to incidents of child abuse by 

24 school employees. 
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1 ‘‘(8) A description of any subjects the State has 

2 identified as being workforce critical subjects pursu3 ant to section 2234(6). 

4 ‘‘(b) DEEMED APPROVAL.—An application submitted 

5 by a State educational agency under subsection (a) shall 

6 be deemed to be approved by the Secretary unless the Sec7 retary makes a written determination, prior to the expira8 tion of the 120-day period beginning on the date on which 

9 the Secretary received the application, that the application 

10 is not in compliance with this subpart. 

11 ‘‘(c) DISAPPROVAL.—The Secretary shall not finally 

12 disapprove an application, except after giving the State 

13 educational agency notice and an opportunity for a hear14 ing. 

15 ‘‘(d) NOTIFICATION.—If the Secretary finds that an 

16 application is not in compliance, in whole or in part, with 

17 this subpart, the Secretary shall— 

18 ‘‘(1) give the State educational agency notice 

19 and an opportunity for a hearing; and 

20 ‘‘(2) notify the State educational agency of the 

21 finding of noncompliance and, in such notification, 

22 shall— 

23 ‘‘(A) cite the specific provisions in the ap24 plication that are not in compliance; and 
235 

•S 1177 EAH 

1 ‘‘(B) request additional information, only 

2 as to the noncompliant provisions, needed to 

3 make the application compliant. 

4 ‘‘(e) RESPONSE.—If a State educational agency re5 sponds to a notification from the Secretary under subsection 

6 (d)(2) during the 45-day period beginning on the date on 

7 which the agency received the notification, and resubmits 

8 the application with the requested information described in 

9 subsection (d)(2)(B), the Secretary shall approve or dis10 approve such application prior to the later of— 

11 ‘‘(1) the expiration of the 45-day period begin12 ning on the date on which the application is resub13 mitted; or 

14 ‘‘(2) the expiration of the 120-day period de15 scribed in subsection (b). 

16 ‘‘(f) FAILURE TO RESPOND.—If a State educational 

17 agency does not respond to a notification from the Secretary 

18 under subsection (d)(2) during the 45-day period beginning 

19 on the date on which the agency received the notification, 

20 such application shall be deemed to be disapproved. 

21 ‘‘SEC. 2113. STATE USE OF FUNDS. 

22 ‘‘(a) IN GENERAL.—A State educational agency that 

23 receives a grant under section 2111 shall— 
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1 ‘‘(1) reserve 95 percent of the grant funds to 

2 make subgrants to local educational agencies under 

3 subpart 2; and 

4 ‘‘(2) use the remainder of the funds, after reserv5 ing funds under paragraph (1), for the State activi6 ties described in subsection (b), except that the State 

7 may reserve not more than 1 percent of the grant 

8 funds for planning and administration related to car9 rying out activities described in subsection (b). 

10 ‘‘(b) STATE-LEVEL ACTIVITIES.—A State educational 

11 agency that receives a grant under section 2111— 

12 ‘‘(1) shall use the amount described in subsection 

13 (a)(2) to fulfill the State educational agency’s respon14 sibilities with respect to the proper and efficient ad15 ministration of the subgrant program carried out 

16 under this part; and 

17 ‘‘(2) may use the amount described in subsection 

18 (a)(2) to— 

19 ‘‘(A) provide training and technical assist20 ance to local educational agencies on— 

21 ‘‘(i) in the case of a State educational 

22 agency not implementing a statewide teach23 er evaluation system— 
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•S 1177 EAH 

1 ‘‘(I) the development and imple2 mentation of a teacher evaluation sys3 tem; and 

4 ‘‘(II) training school leaders in 

5 using such evaluation system; or 

6 ‘‘(ii) in the case of a State educational 

7 agency implementing a statewide teacher 

8 evaluation system, implementing such eval9 uation system; 

10 ‘‘(B) disseminate and share evidence-based 

11 and other effective practices, including practices 

12 consistent with the principles of effectiveness de13 scribed in section 2222(b), related to teacher and 

14 school leader effectiveness and professional devel15 opment; 

16 ‘‘(C) provide professional development for 

17 teachers, school leaders, and if appropriate, spe18 cialized instructional support personnel in the 

19 State consistent with section 2123(6); 

20 ‘‘(D) provide training and technical assist21 ance to local educational agencies on— 

22 ‘‘(i) in the case of a State educational 

23 agency not implementing a statewide school 

24 leader evaluation system, the development 
238 

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1 and implementation of a school leader eval2 uation system; and 

3 ‘‘(ii) in the case of a State educational 

4 agency implementing a statewide school 

5 leader evaluation system, implementing 

6 such evaluation system; 

7 ‘‘(E) develop and implement policies in the 

8 State to address any teacher workforce shortages 

9 in high-need subjects, including in science, tech10 nology, engineering, math, computer science, and 

11 foreign languages; and 

12 ‘‘(F) support State or local pay for success 

13 initiatives that meet the purposes of this part. 

14 ‘‘Subpart 2—Subgrants to Local Educational 

15 Agencies 

16 ‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN17 CIES. 

18 ‘‘(a) IN GENERAL.—Each State receiving a grant 

19 under section 2111 shall use the funds reserved under sec20 tion 2113(a)(1) to award subgrants to local educational 

21 agencies under this section. 

22 ‘‘(b) ALLOCATION OF FUNDS.—From the funds re23 served by a State under section 2113(a)(1), the State edu24 cational agency shall allocate to each local educational 

25 agency in the State the sum of— 
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1 ‘‘(1) an amount that bears the same relationship 

2 to 50 percent of the funds as the number of individ3 uals age 5 through 17 in the geographic area served 

4 by the local educational agency, as determined by the 

5 State on the basis of the most recent satisfactory data, 

6 bears to the number of those individuals in the geo7 graphic areas served by all the local educational agen8 cies in the State, as so determined; and 

9 ‘‘(2) an amount that bears the same relationship 

10 to 50 percent of the funds as the number of individ11 uals age 5 through 17 from families with incomes 

12 below the poverty line in the geographic area served 

13 by the local educational agency, as determined by the 

14 State on the basis of the most recent satisfactory data, 

15 bears to the number of those individuals in the geo16 graphic areas served by all the local educational agen17 cies in the State, as so determined. 

18 ‘‘SEC. 2122. LOCAL APPLICATIONS. 

19 ‘‘To be eligible to receive a subgrant under this sub20 part, a local educational agency shall submit an applica21 tion to the State educational agency involved at such time, 

22 in such a manner, and containing such information as the 

23 State educational agency may reasonably require that, at 

24 a minimum, shall include the following: 

25 ‘‘(1) A description of— 
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1 ‘‘(A) how the local educational agency will 

2 meet the requirements of this subpart; 

3 ‘‘(B) how the activities to be carried out by 

4 the local educational agency under this subpart 

5 will be evidence-based, improve student academic 

6 achievement, and improve teacher and school 

7 leader effectiveness; and 

8 ‘‘(C) if applicable, how, the local edu9 cational agency will work with parents, teachers, 

10 school leaders, and other staff of the schools 

11 served by the local educational agency in devel12 oping and implementing a teacher evaluation 

13 system. 

14 ‘‘(2) If applicable, a description of how the local 

15 educational agency will develop and implement a 

16 teacher or school leader evaluation system. 

17 ‘‘(3) An assurance that the local educational 

18 agency will comply with section 6501 (regarding par19 ticipation by private school children and teachers). 

20 ‘‘SEC. 2123. LOCAL USE OF FUNDS. 

21 ‘‘A local educational agency receiving a subgrant 

22 under this subpart may use such funds for— 

23 ‘‘(1) the development and implementation of a 

24 teacher evaluation system, administered through 
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1 school leaders based on input from stakeholders listed 

2 in subparagraph (E), that may— 

3 ‘‘(A) use student achievement data derived 

4 from a variety of sources as a significant factor 

5 in determining a teacher’s evaluation, with the 

6 weight given to such data defined by the local 

7 educational agency; 

8 ‘‘(B) use multiple measures of evaluation 

9 for evaluating teachers; 

10 ‘‘(C) have more than 2 categories for rating 

11 the performance of teachers; 

12 ‘‘(D) be used to make personnel decisions, as 

13 determined by the local educational agency; and 

14 ‘‘(E) be based on input from parents, school 

15 leaders, teachers, and other staff of schools served 

16 by the local educational agency; 

17 ‘‘(2) in the case of a local educational agency lo18 cated in a State implementing a statewide teacher 

19 evaluation system, implementing such evaluation sys20 tem; 

21 ‘‘(3) the training of school leaders or other indi22 viduals for the purpose of evaluating teachers or 

23 school leaders under a teacher or school leader evalua24 tion system, as appropriate; 
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•S 1177 EAH 

1 ‘‘(4) in the case of a local educational agency lo2 cated in a State implementing a statewide school 

3 leader evaluation system, to implement such evalua4 tion system; 

5 ‘‘(5) in the case of a local educational agency lo6 cated in a State not implementing a statewide school 

7 leader evaluation system, the development and imple8 mentation of a school leader evaluation system; 

9 ‘‘(6) professional development for teachers, school 

10 leaders, and if appropriate, specialized instructional 

11 support personnel that is evidence-based, job-embed12 ded, and continuous, such as— 

13 ‘‘(A) subject-based professional development 

14 for teachers, including for teachers of civic edu15 cation, arts education, and computer science and 

16 other science, technology, engineering, and math17 ematics subjects; 

18 ‘‘(B) professional development aligned with 

19 the State’s academic standards; 

20 ‘‘(C) professional development to assist 

21 teachers in meeting the needs of students with 

22 different learning styles, particularly students 

23 with disabilities, English learners, and gifted 

24 and talented students; 
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•S 1177 EAH 

1 ‘‘(D) professional development for teachers 

2 or school leaders identified as in need of addi3 tional support through data provided by a teach4 er or school leader evaluation system, as appro5 priate; 

6 ‘‘(E) professional development based on the 

7 current science of learning, which includes re8 search on positive brain change and cognitive 

9 skill development; 

10 ‘‘(F) professional development for school 

11 leaders, including evidence-based mentorship 

12 programs for such leaders; 

13 ‘‘(G) professional development on inte14 grated, interdisciplinary, and project-based 

15 teaching strategies, including for career and 

16 technical education teachers and teachers of com17 puter science and other science, technology (in18 cluding education about the harms of copyright 

19 piracy), engineering, and mathematics subjects; 

20 ‘‘(H) professional development on teaching 

21 dual credit, dual enrollment, Advanced Place22 ment, or International Baccalaureate postsec23 ondary-level courses to secondary school students; 

24 ‘‘(I) professional development for teachers, 

25 principals and other school administrators in 
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1 early elementary grades that includes specialized 

2 knowledge about child development and learning, 

3 developmentally-appropriate curricula and 

4 teaching practices, meaningful family engage5 ment and collaboration with early care and edu6 cation programs; 

7 ‘‘(J) professional development, including 

8 through joint professional development opportu9 nities, for early childhood educators, teachers, 

10 principals, specialized instructional support per11 sonnel, and other school leaders; 

12 ‘‘(K) training on child development, im13 proving instruction, and closing achievement 

14 gaps; or 

15 ‘‘(L) professional development on restorative 

16 justice and conflict resolution; 

17 ‘‘(7) partnering with a public or private organi18 zation or a consortium of such organizations to de19 velop and implement a teacher evaluation system de20 scribed in subparagraph (A) or (B) of paragraph (1), 

21 or to administer professional development, as appro22 priate; 

23 ‘‘(8) any activities authorized under section 

24 2222(a); 
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1 ‘‘(9) class size reduction, except that the local 

2 educational agency may use not more than 10 percent 

3 of such funds for this purpose; or 

4 ‘‘(10) carrying out activities related to pay for 

5 success initiatives that meet the purposes of this part. 

6 ‘‘Subpart 3—General Provisions 

7 ‘‘SEC. 2131. REPORTING REQUIREMENTS. 

8 ‘‘(a) LOCAL EDUCATIONAL AGENCIES.—Each local 

9 educational agency receiving a subgrant under subpart 2 

10 shall submit to the State educational agency involved, on 

11 an annual basis until the last year in which the local edu12 cational agency receives such subgrant funds, a report on— 

13 ‘‘(1) how the local educational agency is meeting 

14 the purposes of this part described in section 2101; 

15 ‘‘(2) how the local educational agency is using 

16 such subgrant funds; 

17 ‘‘(3) in the case of a local educational agency 

18 implementing a teacher or school leader evaluation 

19 system, the results of such evaluation system, except 

20 that such report shall not reveal personally identifi21 able information about an individual teacher or 

22 school leader; and 

23 ‘‘(4) any such other information as the State 

24 educational agency may require, as long as student 

25 and teacher privacy is maintained. 
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•S 1177 EAH 

1 ‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 

2 educational agency receiving a grant under subpart 1 shall 

3 submit to the Secretary a report, on an annual basis until 

4 the last year in which the State educational agency receives 

5 such grant funds, on— 

6 ‘‘(1) how the State educational agency is meeting 

7 the purposes of this part described in section 2101; 

8 and 

9 ‘‘(2) how the State educational agency is using 

10 such grant funds. 

11 ‘‘SEC. 2132. NATIONAL ACTIVITIES. 

12 ‘‘From the funds reserved by the Secretary under sec13 tion 2111(b)(1)(A), the Secretary shall, directly or through 

14 grants and contracts— 

15 ‘‘(1) provide technical assistance to States and 

16 local educational agencies in carrying out activities 

17 under this part; and 

18 ‘‘(2) acting through the Institute of Education 

19 Sciences, conduct national evaluations of activities 

20 carried out by State educational agencies and local 

21 educational agencies under this part. 

22 ‘‘SEC. 2133. STATE DEFINED. 

23 ‘‘In this part, the term ‘State’ means each of the 50 

24 States, the District of Columbia, and the Commonwealth 

25 of Puerto Rico. 
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1 ‘‘SEC. 2134. EMPLOYEE TRANSFERS. 

2 ‘‘A local educational agency or State educational agen3 cy shall be ineligible for funds under this Act if such agency 

4 knowingly facilitates the transfer of any employee if the 

5 agency knows, or has probable cause to believe, that the em6 ployee engaged in sexual misconduct with a student.’’. 

7 (c) PART B.—Part B of title II (20 U.S.C. 6661 et 

8 seq.) is amended to read as follows: 

9 ‘‘PART B—TEACHER AND SCHOOL LEADER 

10 FLEXIBLE GRANT 

11 ‘‘SEC. 2201. PURPOSE. 

12 ‘‘The purpose of this part is to improve student aca13 demic achievement by— 

14 ‘‘(1) supporting all State educational agencies, 

15 local educational agencies, schools, teachers, and 

16 school leaders to pursue innovative and evidence-based 

17 practices to help all students meet the State’s aca18 demic standards; and 

19 ‘‘(2) increasing the number of teachers and 

20 school leaders who are effective in increasing student 

21 academic achievement. 

22 ‘‘Subpart 1—Formula Grants to States 

23 ‘‘SEC. 2211. STATE ALLOTMENTS. 

24 ‘‘(a) RESERVATIONS.—From the amount appropriated 

25 under section 3(b) for any fiscal year, the Secretary— 
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1 ‘‘(1) shall reserve 25 percent to award grants to 

2 States under this subpart; and 

3 ‘‘(2) of the amount reserved under paragraph 

4 (1), shall reserve— 

5 ‘‘(A) not more than 1 percent for national 

6 activities described in section 2233; 

7 ‘‘(B) one-half of 1 percent for allotments to 

8 outlying areas on the basis of their relative need, 

9 as determined by the Secretary, in accordance 

10 with the purpose of this part; and 

11 ‘‘(C) one-half of 1 percent for the Secretary 

12 of the Interior for programs under this part in 

13 schools operated or funded by the Bureau of In14 dian Education. 

15 ‘‘(b) STATE ALLOTMENTS.— 

16 ‘‘(1) IN GENERAL.—From the total amount re17 served under subsection (a)(1) for each fiscal year and 

18 not reserved under subparagraphs (A) through (C) of 

19 subsection (a)(2), the Secretary shall allot, and make 

20 available in accordance with this section, to each 

21 State an amount that bears the same ratio to such 

22 sums as the school-age population of the State bears 

23 to the school-age population of all States. 

24 ‘‘(2) SMALL STATE MINIMUM.—No State receiv25 ing an allotment under paragraph (1) may receive 
249 

•S 1177 EAH 

1 less than one-half of 1 percent of the total amount al2 lotted under such paragraph. 

3 ‘‘(3) REALLOTMENT.—If a State does not receive 

4 an allotment under this subpart for a fiscal year, the 

5 Secretary shall reallot the amount of the State’s allot6 ment to the remaining States in accordance with this 

7 section. 

8 ‘‘(c) STATE APPLICATION.—In order to receive an al9 lotment under this section for any fiscal year, a State shall 

10 submit an application to the Secretary, at such time and 

11 in such manner as the Secretary may reasonably require. 

12 Such application shall— 

13 ‘‘(1) designate the State educational agency as 

14 the agency responsible for the administration and su15 pervision of programs assisted under this part; 

16 ‘‘(2) describe how the State educational agency 

17 will use funds received under this section for State 

18 level activities described in subsection (d)(3); 

19 ‘‘(3) describe the procedures and criteria the 

20 State educational agency will use for reviewing appli21 cations and awarding subgrants in a timely manner 

22 to eligible entities under section 2221 on a competi23 tive basis; 

24 ‘‘(4) describe how the State educational agency 

25 will ensure that subgrants made under section 2221 
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•S 1177 EAH 

1 are of sufficient size and scope to support effective 

2 programs that will help increase academic achieve3 ment in the classroom and are consistent with the 

4 purposes of this part; 

5 ‘‘(5) describe the steps the State educational 

6 agency will take to ensure that eligible entities use 

7 subgrants received under section 2221 to carry out 

8 programs that implement effective strategies, includ9 ing by providing ongoing technical assistance and 

10 training, and disseminating evidence-based and other 

11 effective strategies to such eligible entities; 

12 ‘‘(6) describe how programs under this part will 

13 be coordinated with other programs under this Act; 

14 and 

15 ‘‘(7) include an assurance that, other than pro16 viding technical and advisory assistance and moni17 toring compliance with this part, the State edu18 cational agency has not exercised, and will not exer19 cise, any influence in the decisionmaking processes of 

20 eligible entities as to the expenditure of funds made 

21 pursuant to an application submitted under section 

22 2221(b). 

23 ‘‘(d) STATE USE OF FUNDS.— 

24 ‘‘(1) IN GENERAL.—Each State that receives an 

25 allotment under this section shall reserve not less than 
251 

•S 1177 EAH 

1 92 percent of the amount allotted to such State under 

2 subsection (b), for each fiscal year, for subgrants to el3 igible entities under subpart 2. 

4 ‘‘(2) STATE ADMINISTRATION.—A State edu5 cational agency may reserve not more than 1 percent 

6 of the amount made available to the State under sub7 section (b) for the administrative costs of carrying out 

8 such State educational agency’s responsibilities under 

9 this subpart. 

10 ‘‘(3) STATE-LEVEL ACTIVITIES.— 

11 ‘‘(A) INNOVATIVE TEACHER AND SCHOOL

12 LEADER ACTIVITIES.—A State educational agen13 cy shall reserve not more than 4 percent of the 

14 amount made available to the State under sub15 section (b) to carry out, solely, or in partnership 

16 with State agencies of higher education, 1 or 

17 more of the following activities: 

18 ‘‘(i) Reforming teacher and school lead19 er certification, recertification, licensing, 

20 and tenure systems to ensure that such sys21 tems are rigorous and that— 

22 ‘‘(I) each teacher has the subject 

23 matter knowledge and teaching skills 

24 necessary to help students meet the 

25 State’s academic standards; and 
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1 ‘‘(II) school leaders have the in2 structional leadership skills to help 

3 teachers instruct and students learn. 

4 ‘‘(ii) Improving the quality of teacher 

5 preparation programs within the State, in6 cluding through the use of appropriate stu7 dent achievement data and other factors to 

8 evaluate the quality of teacher preparation 

9 programs within the State. 

10 ‘‘(iii) Carrying out programs that es11 tablish, expand, or improve alternative 

12 routes for State certification or licensure of 

13 teachers and school leaders, including such 

14 programs for— 

15 ‘‘(I) mid-career professionals from 

16 other occupations, including computer 

17 science and other science, technology, 

18 engineering, and math fields; 

19 ‘‘(II) former military personnel; 

20 and 

21 ‘‘(III) recent graduates of an in22 stitution of higher education, with a 

23 record of academic distinction, who 

24 demonstrate the potential to become ef25 fective teachers or school leaders. 
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•S 1177 EAH 

1 ‘‘(iv) Developing, or assisting eligible 

2 entities in developing— 

3 ‘‘(I) performance-based pay sys4 tems for teachers and school leaders; 

5 ‘‘(II) strategies that provide dif6 ferential, incentive, or bonus pay for 

7 teachers and school leaders; or 

8 ‘‘(III) teacher and school leader 

9 advancement initiatives that promote 

10 professional growth and emphasize 

11 multiple career paths and pay differen12 tiation. 

13 ‘‘(v) Developing, or assisting eligible 

14 entities in developing, new, evidence-based 

15 teacher and school leader induction and 

16 mentoring programs that are designed to— 

17 ‘‘(I) improve instruction and stu18 dent academic achievement; and 

19 ‘‘(II) increase the retention of ef20 fective teachers and school leaders. 

21 ‘‘(vi) Providing professional develop22 ment for teachers and school leaders that is 

23 focused on improving teaching and student 

24 academic achievement, including for stu25 dents with different learning styles, particu-
254 

•S 1177 EAH 

1 larly students with disabilities, English 

2 learners, gifted and talented students, and 

3 other special populations. 

4 ‘‘(vii) Providing training and tech5 nical assistance to eligible entities that re6 ceive a subgrant under section 2221. 

7 ‘‘(viii) Other activities identified by 

8 the State educational agency that meet the 

9 purposes of this part, including those activi10 ties authorized under subparagraph (B). 

11 ‘‘(ix) Supporting State or local pay for 

12 success initiatives that meet the purposes of 

13 this part. 

14 ‘‘(B) TEACHER OR SCHOOL LEADER PREPA15 RATION ACADEMIES.— 

16 ‘‘(i) IN GENERAL.—In the case of a 

17 State in which teacher or school leader 

18 preparation academies are allowable under 

19 State law, a State educational agency may 

20 reserve not more than 3 percent of the 

21 amount made available to the State under 

22 subsection (b) to support the establishment 

23 or expansion of one or more teacher or 

24 school leader preparation academies and, 

25 subject to the limitation under clause (iii), 
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1 to support State authorizers for such acad2 emies. 

3 ‘‘(ii) MATCHING REQUIREMENT.—A 

4 State educational agency shall not provide 

5 funds under this subparagraph to support 

6 the establishment or expansion of a teacher 

7 or school leader preparation academy unless 

8 the academy agrees to provide, either di9 rectly or through private contributions, non10 Federal matching funds equal to not less 

11 than 10 percent of the amount of the funds 

12 the academy will receive under this sub13 paragraph. 

14 ‘‘(iii) FUNDING FOR STATE AUTHOR15 IZERS.—Not more than 5 percent of funds 

16 provided to a teacher or school leader prepa17 ration academy under this subparagraph 

18 may be used to support activities of State 

19 authorizers for such academy. 

20 ‘‘SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLI21 CATIONS. 

22 ‘‘(a) DEEMED APPROVAL.—An application submitted 

23 by a State pursuant to section 2211(c) shall be deemed to 

24 be approved by the Secretary unless the Secretary makes 

25 a written determination, prior to the expiration of the 120- 
256 

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1 day period beginning on the date on which the Secretary 

2 received the application, that the application is not in com3 pliance with section 2211(c). 

4 ‘‘(b) DISAPPROVAL PROCESS.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall not fi6 nally disapprove an application submitted under sec7 tion 2211(c), except after giving the State educational 

8 agency notice and an opportunity for a hearing. 

9 ‘‘(2) NOTIFICATION.—If the Secretary finds that 

10 an application is not in compliance, in whole or in 

11 part, with section 2211(c) the Secretary shall— 

12 ‘‘(A) give the State educational agency no13 tice and an opportunity for a hearing; and 

14 ‘‘(B) notify the State educational agency of 

15 the finding of noncompliance and, in such notifi16 cation, shall— 

17 ‘‘(i) cite the specific provisions in the 

18 application that are not in compliance; and 

19 ‘‘(ii) request additional information, 

20 only as to the noncompliant provisions, 

21 needed to make the application compliant. 

22 ‘‘(3) RESPONSE.—If a State educational agency 

23 responds to a notification from the Secretary under 

24 paragraph (2)(B) during the 45-day period beginning 

25 on the date on which the State educational agency re-
257 

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1 ceived the notification, and resubmits the application 

2 with the requested information described in para3 graph (2)(B)(ii), the Secretary shall approve or dis4 approve such application prior to the later of— 

5 ‘‘(A) the expiration of the 45-day period be6 ginning on the date on which the application is 

7 resubmitted; or 

8 ‘‘(B) the expiration of the 120-day period 

9 described in subsection (a). 

10 ‘‘(4) FAILURE TO RESPOND.—If the State edu11 cational agency does not respond to a notification 

12 from the Secretary under paragraph (2)(B) during 

13 the 45-day period beginning on the date on which the 

14 State educational agency received the notification, 

15 such application shall be deemed to be disapproved. 

16 ‘‘Subpart 2—Local Competitive Grant Program 

17 ‘‘SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM. 

18 ‘‘(a) IN GENERAL.—A State that receives an allotment 

19 under section 2211(b) for a fiscal year shall use the amount 

20 reserved under section 2211(d)(1) to award subgrants, on 

21 a competitive basis, to eligible entities in accordance with 

22 this section to enable such entities to carry out the programs 

23 and activities described in section 2222. 

24 ‘‘(b) APPLICATION.— 
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1 ‘‘(1) IN GENERAL.—To be eligible to receive a 

2 subgrant under this section, an eligible entity shall 

3 submit an application to the State educational agen4 cy at such time, in such manner, and including such 

5 information as the State educational agency may rea6 sonably require. 

7 ‘‘(2) CONTENTS.—Each application submitted 

8 under paragraph (1) shall include— 

9 ‘‘(A) a description of the programs and ac10 tivities to be funded and how they are consistent 

11 with the purposes of this part; and 

12 ‘‘(B) an assurance that the eligible entity 

13 will comply with section 6501 (regarding par14 ticipation by private school children and teach15 ers). 

16 ‘‘(c) PEER REVIEW.—In reviewing applications under 

17 this section, a State educational agency shall use a peer 

18 review process or other methods of assuring the quality of 

19 such applications but the review shall only judge the likeli20 hood of the activity to increase student academic achieve21 ment. The reviewers shall not make a determination based 

22 on the policy of the proposed activity. 

23 ‘‘(d) GEOGRAPHIC DIVERSITY.—A State educational 

24 agency shall distribute funds under this section equitably 
259 

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1 among geographic areas within the State, including rural, 

2 suburban, and urban communities. 

3 ‘‘(e) DURATION OF AWARDS.—A State educational 

4 agency may award subgrants under this section for a period 

5 of not more than 5 years. 

6 ‘‘(f) MATCHING.—An eligible entity receiving a 

7 subgrant under this section shall provide, either directly or 

8 through private contributions, non-Federal matching funds 

9 equal to not less than 10 percent of the amount of the 

10 subgrant. 

11 ‘‘SEC. 2222. LOCAL AUTHORIZED ACTIVITIES. 

12 ‘‘(a) IN GENERAL.—Each eligible entity receiving a 

13 subgrant under section 2221 shall use such subgrant funds 

14 to develop, implement, and evaluate comprehensive pro15 grams and activities, that are in accordance with the pur16 pose of this part and— 

17 ‘‘(1) are consistent with the principles of effec18 tiveness described in subsection (b); and 

19 ‘‘(2) may include, among other programs and 

20 activities— 

21 ‘‘(A) developing and implementing initia22 tives to assist in recruiting, hiring, and retain23 ing highly effective teachers and school leaders, 

24 including initiatives that provide— 
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1 ‘‘(i) differential, incentive, or bonus 

2 pay for teachers and school leaders; 

3 ‘‘(ii) performance-based pay systems 

4 for teachers and school leaders; 

5 ‘‘(iii) teacher and school leader ad6 vancement initiatives that promote profes7 sional growth and emphasize multiple ca8 reer paths and pay differentiation; 

9 ‘‘(iv) new teacher and school leader in10 duction and mentoring programs that are 

11 designed to improve instruction, student 

12 academic achievement, and to increase 

13 teacher and school leader retention; and 

14 ‘‘(v) teacher residency programs, and 

15 school leader residency programs, designed 

16 to develop and support new teachers or new 

17 school leaders, respectively; 

18 ‘‘(B) supporting the establishment or expan19 sion of teacher or school leader preparation acad20 emies under section 2211(d)(3)(B); 

21 ‘‘(C) recruiting qualified individuals from 

22 other fields, including individuals from computer 

23 science and other science, technology, engineer24 ing, and math fields, mid-career professionals 
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1 from other occupations, and former military per2 sonnel; 

3 ‘‘(D) establishing, improving, or expanding 

4 model instructional programs to ensure that all 

5 children meet the State’s academic standards; 

6 ‘‘(E) providing evidence-based, job embed7 ded, continuous professional development for 

8 teachers and school leaders focused on improving 

9 teaching and student academic achievement; 

10 ‘‘(F) implementing programs based on the 

11 current science of learning, which includes re12 search on positive brain change and cognitive 

13 skill development; 

14 ‘‘(G) recruiting and training teachers to 

15 teach dual credit, dual enrollment, Advanced 

16 Placement, or International Baccalaureate post17 secondary-level courses to secondary school stu18 dents; 

19 ‘‘(H) other activities and programs identi20 fied as necessary by the local educational agency 

21 that meet the purpose of this part; and 

22 ‘‘(I) carrying out activities related to pay 

23 for success initiatives that meet the purposes of 

24 this part. 
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1 ‘‘(b) PRINCIPLES OF EFFECTIVENESS.—For a pro2 gram or activity developed pursuant to this section to meet 

3 the principles of effectiveness, such program or activity 

4 shall— 

5 ‘‘(1) be based upon an assessment of objective 

6 data regarding the need for programs and activities 

7 in the elementary schools and secondary schools served 

8 to increase the number of teachers and school leaders 

9 who are effective in improving student academic 

10 achievement; 

11 ‘‘(2) reflect evidence-based research, or in the ab12 sence of a strong research base, reflect effective strate13 gies in the field, that provide evidence that the pro14 gram or activity will improve student academic 

15 achievement; and 

16 ‘‘(3) include meaningful and ongoing consulta17 tion with, and input from, teachers, school leaders, 

18 and parents, in the development of the application 

19 and administration of the program or activity. 

20 ‘‘Subpart 3—General Provisions 

21 ‘‘SEC. 2231. PERIODIC EVALUATION. 

22 ‘‘(a) IN GENERAL.—Each eligible entity and each 

23 teacher or school leader preparation academy that receives 

24 funds under this part shall undergo a periodic evaluation 

25 by the State educational agency involved to assess such enti-
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•S 1177 EAH 

1 ty’s or such academy’s progress toward achieving the pur2 poses of this part. 

3 ‘‘(b) USE OF RESULTS.—The results of an evaluation 

4 described in subsection (a) of an eligible entity or academy 

5 shall be— 

6 ‘‘(1) used to refine, improve, and strengthen such 

7 eligible entity or such academy, respectively; and 

8 ‘‘(2) made available to the public upon request, 

9 with public notice of such availability provided. 

10 ‘‘SEC. 2232. REPORTING REQUIREMENTS. 

11 ‘‘(a) ELIGIBLE ENTITIES AND ACADEMIES.—Each eli12 gible entity and each teacher or school leader preparation 

13 academy that receives funds from a State educational agen14 cy under this part shall prepare and submit annually to 

15 such State educational agency a report that includes— 

16 ‘‘(1) a description of the progress of the eligible 

17 entity or teacher or school leader preparation acad18 emy, respectively, in meeting the purposes of this 

19 part; 

20 ‘‘(2) a description of the programs and activities 

21 conducted by the eligible entity or teacher or school 

22 leader preparation academy, respectively, with funds 

23 received under this part; 
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1 ‘‘(3) how the eligible entity or teacher or school 

2 leader preparation academy, respectively, is using 

3 such funds; and 

4 ‘‘(4) any such other information as the State 

5 educational agency may reasonably require. 

6 ‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 

7 educational agency that receives a grant under this part 

8 shall prepare and submit, annually, to the Secretary a re9 port that includes— 

10 ‘‘(1) a description of the programs and activities 

11 conducted by the State educational agency with grant 

12 funds received under this part; 

13 ‘‘(2) a description of the progress of the State 

14 educational agency in meeting the purposes of this 

15 part described in section 2201; 

16 ‘‘(3) how the State educational agency is using 

17 grant funds received under this part; 

18 ‘‘(4) the methods and criteria the State edu19 cational agency used to award subgrants in a timely 

20 manner to eligible entities under section 2221 and, if 

21 applicable, funds in a timely manner to teacher or 

22 school leader academies under section 2211(d)(3)(B); 

23 and 

24 ‘‘(5) the results of the periodic evaluations con25 ducted under section 2231. 
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1 ‘‘SEC. 2233. NATIONAL ACTIVITIES. 

2 ‘‘From the funds reserved by the Secretary under sec3 tion 2211(a)(2)(A), the Secretary shall, directly or through 

4 grants and contracts— 

5 ‘‘(1) provide technical assistance to States and 

6 eligible entities in carrying out activities under this 

7 part; and 

8 ‘‘(2) acting through the Institute of Education 

9 Sciences, conduct national evaluations of activities 

10 carried out by States and eligible entities under this 

11 part. 

12 ‘‘SEC. 2234. DEFINITIONS. 

13 ‘‘In this part: 

14 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti15 ty’ means— 

16 ‘‘(A) a local educational agency or consor17 tium of local educational agencies; 

18 ‘‘(B) an institution of higher education or 

19 consortium of such institutions in partnership 

20 with a local educational agency or consortium of 

21 local educational agencies; 

22 ‘‘(C) a for-profit organization, a nonprofit 

23 organization, or a consortium of for-profit or 

24 nonprofit organizations in partnership with a 

25 local educational agency or consortium of local 

26 educational agencies; or 
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1 ‘‘(D) a consortium of the entities described 

2 in subparagraphs (B) and (C). 

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

4 50 States, the District of Columbia, and the Common5 wealth of Puerto Rico. 

6 ‘‘(3) STATE AUTHORIZER.—The term ‘State au7 thorizer’ means an entity designated by the Governor 

8 of a State to authorize teacher or school leader prepa9 ration academies within the State that— 

10 ‘‘(A) enters into an agreement with a teach11 er or school leader preparation academy that— 

12 ‘‘(i) specifies the goals expected of the 

13 academy, which, at a minimum, include the 

14 goals described in paragraph (4); and 

15 ‘‘(ii) does not reauthorize the academy 

16 if such goals are not met; 

17 ‘‘(B) may be a nonprofit organization, a 

18 State educational agency, or other public entity, 

19 or consortium of such entities (including a con20 sortium of State educational agencies); and 

21 ‘‘(C) has a timely and efficient approval 

22 process to approve or disapprove a teacher or 

23 school leader preparation academy. 

24 ‘‘(4) TEACHER OR SCHOOL LEADER PREPARA25 TION ACADEMY.—The term ‘teacher or school leader 
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1 preparation academy’ means a public or private enti2 ty, or a nonprofit or for-profit organization, which 

3 may be an institution of higher education or an orga4 nization affiliated with an institution of higher edu5 cation, that will prepare teachers or school leaders to 

6 serve in schools, and that— 

7 ‘‘(A) enters into an agreement with a State 

8 authorizer that specifies the goals expected of the 

9 academy, including— 

10 ‘‘(i) a requirement that prospective 

11 teachers or school leaders who are enrolled 

12 in a teacher or school leader preparation 

13 academy receive a significant part of their 

14 training through clinical preparation that 

15 partners the prospective candidate with an 

16 effective teacher or school leader, respec17 tively, with a demonstrated record of in18 creasing or producing high student achieve19 ment, while also receiving concurrent in20 struction from the academy in the content 

21 area (or areas) in which the prospective 

22 teacher or school leader will become certified 

23 or licensed; 

24 ‘‘(ii) the number of effective teachers or 

25 school leaders, respectively, who will dem-
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1 onstrate success in increasing or producing 

2 high student achievement that the academy 

3 will produce; and 

4 ‘‘(iii) a requirement that a teacher or 

5 school leader preparation academy will only 

6 award a certificate of completion after the 

7 graduate demonstrates that the graduate is 

8 an effective teacher or school leader, respec9 tively, with a demonstrated record of in10 creasing or producing high student achieve11 ment, except that an academy may award 

12 a provisional certificate for the period nec13 essary to allow the graduate to demonstrate 

14 such effectiveness; 

15 ‘‘(B) does not have restrictions on the meth16 ods the academy will use to train prospective 

17 teacher or school leader candidates, including— 

18 ‘‘(i) obligating (or prohibiting) the 

19 academy’s faculty to hold advanced degrees 

20 or conduct academic research; 

21 ‘‘(ii) restrictions related to the acad22 emy’s physical infrastructure; 

23 ‘‘(iii) restrictions related to the number 

24 of course credits required as part of the pro25 gram of study; 
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1 ‘‘(iv) restrictions related to the under2 graduate coursework completed by teachers 

3 teaching or working on alternative certifi4 cates, licenses, or credentials, as long as 

5 such teachers have successfully passed all 

6 relevant State-approved content area exami7 nations; or 

8 ‘‘(v) restrictions related to obtaining 

9 accreditation from an accrediting body for 

10 purposes of becoming an academy; 

11 ‘‘(C) limits admission to its program to 

12 prospective teacher or school leader candidates 

13 who demonstrate strong potential to improve stu14 dent achievement, based on a rigorous selection 

15 process that reviews a candidate’s prior aca16 demic achievement or record of professional ac17 complishment; and 

18 ‘‘(D) results in a certificate of completion 

19 that the State may recognize as at least the 

20 equivalent of a master’s degree in education for 

21 the purposes of hiring, retention, compensation, 

22 and promotion in the State. 

23 ‘‘(5) TEACHER RESIDENCY PROGRAM.—The term 

24 ‘teacher residency program’ means a school-based 
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1 teacher preparation program in which a prospective 

2 teacher— 

3 ‘‘(A) for one academic year, teaches along4 side an effective teacher, as determined by a 

5 teacher evaluation system implemented under 

6 part A, who is the teacher of record; 

7 ‘‘(B) receives concurrent instruction during 

8 the year described in subparagraph (A) from the 

9 partner institution (as defined in section 200 of 

10 the Higher Education Act of 1965 (20 U.S.C. 

11 1021)), which courses may be taught by local 

12 educational agency personnel or residency pro13 gram faculty, in the teaching of the content area 

14 in which the teacher will become certified or li15 censed; and 

16 ‘‘(C) acquires effective teaching skills. 

17 ‘‘(6) WORKFORCE CRITICAL SUBJECT.—The term 

18 ‘workforce critical subject’ means an academic subject 

19 of urgent importance to the current and future work20 force needs of the State, including science, technology, 

21 engineering, math, and any other subject that has 

22 been identified by the State, in consultation with em23 ployer, workforce, community, educator, parent and 

24 professional stakeholders.’’. 
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1 (d) PART C.—Part C of title II (20 U.S.C. 6671 et 

2 seq.) is amended— 

3 (1) by striking subparts 1 through 4; 

4 (2) by striking the heading relating to subpart 5; 

5 (3) by striking sections 2361 and 2368; 

6 (4) in section 2362, by striking ‘‘principals’’ and 

7 inserting ‘‘school leaders’’; 

8 (5) in section 2363(6)(A), by striking ‘‘prin9 cipal’’ and inserting ‘‘school leader’’; 

10 (6) in section 2366(b), by striking ‘‘ate law’’ and 

11 inserting ‘‘(3) A State law’’; 

12 (7) by redesignating section 2362 as section 

13 2361; 

14 (8) by redesignating sections 2364 through 2367 

15 as sections 2362 through 2365, respectively; and 

16 (9) by redesignating section 2363 as section 2366 

17 and transferring such section to appear after section 

18 2365 (as so redesignated). 

19 (e) PART D.—Part D of title II (20 U.S.C. 6751 et 

20 seq.) is amended to read as follows: 

21 ‘‘PART D—GENERAL PROVISIONS 

22 ‘‘SEC. 2401. INCLUSION OF CHARTER SCHOOLS. 

23 ‘‘In this title, the term ‘local educational agency’ in24 cludes a charter school (as defined in section 6101) that, 
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1 in the absence of this section, would not have received funds 

2 under this title. 

3 ‘‘SEC. 2402. PARENTS’ RIGHT TO KNOW. 

4 ‘‘At the beginning of each school year, a local edu5 cational agency that receives funds under this title shall no6 tify the parents of each student attending any school receiv7 ing funds under this title that the parents may request, and 

8 the agency will provide the parents on request (and in a 

9 timely manner), information regarding the professional 

10 qualifications of the student’s classroom teachers any assess11 ments mandated by the State educational agency or local 

12 educational agency for the student for that school year, and 

13 any local educational agency policy regarding student par14 ticipation in such assessments. 

15 ‘‘SEC. 2403. SUPPLEMENT, NOT SUPPLANT. 

16 ‘‘Funds received under this title shall be used to sup17 plement, and not supplant, non-Federal funds that would 

18 otherwise be used for activities authorized under this title.’’. 

19 SEC. 202. CONFORMING REPEALS. 

20 (a) CONFORMING REPEALS.—Title II of the Higher 

21 Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended 

22 by repealing sections 201 through 204. 

23 (b) EFFECTIVE DATE.—The repeals made by sub24 section (a) shall take effect October 1, 2015. 
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1 TITLE III—PARENTAL ENGAGE2 MENT AND LOCAL FLEXI3 BILITY 

4 SEC. 301. PARENTAL ENGAGEMENT AND LOCAL FLEXI5 BILITY. 

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

7 as follows: 

8 ‘‘TITLE III—PARENTAL ENGAGE9 MENT AND LOCAL FLEXI10 BILITY 

11 ‘‘PART A—PARENTAL ENGAGEMENT 

12 ‘‘Subpart 1—Charter School Program 

13 ‘‘SEC. 3101. SENSE OF CONGRESS; PURPOSE. 

14 ‘‘(a) SENSE OF CONGRESS.— 

15 ‘‘(1) FINDINGS.—The Congress finds the fol16 lowing: 

17 ‘‘(A) The number of public charter schools 

18 has dramatically increased in recent years. Be19 tween the 2008–2009 school year and the 2013– 

20 2014 school year, there was a 77 percent increase 

21 in the number of students attending public char22 ter schools and a 39 percent increase in the 

23 number of schools. 

24 ‘‘(B) Charter schools serve a very diverse 

25 population of students. Nationally, 57 percent of 
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1 students enrolled in charter schools are minority 

2 students, while only 39 percent of students in 

3 non-charter public schools are minority students. 

4 ‘‘(C) For the 2014–2015 school year, there 

5 are more than 6700 public charter schools serv6 ing about 2.9 million students. This represents a 

7 4 percent growth in the number of open charter 

8 schools, and a 14 percent increase in student en9 rollment from the 2013–2014 school year. 

10 ‘‘(D) There are more than one million stu11 dent names on charter school waiting lists. 

12 ‘‘(E) Charter schools are open in areas 

13 where students need better education options, in14 cluding areas that serve economically disadvan15 taged kids. Almost 50 percent of the students at16 tending charter schools qualify for free or re17 duced priced lunch, a slightly larger percentage 

18 than non-charter public schools. 

19 ‘‘(F) Charter schools serve students in all 

20 areas, from urban cities to rural towns through 

21 traditional brick and mortar schools, blended 

22 learning models, and online programs, giving 

23 parents across the Nation options to find the best 

24 learning environment for their children. 
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1 ‘‘(G) Charter schools give parents the oppor2 tunity to find the right place for their child to 

3 learn. Whether they are looking for digital learn4 ing, Montessori, or a more structured environ5 ment, charter schools provide a variety of edu6 cation options for families. 

7 ‘‘(H) Charter schools have strong account8 ability to parents and the community because 

9 they have to meet the same State academic ac10 countability requirements as all other public 

11 schools, satisfy the terms of their charter with 

12 their authorizing authority, and satisfy parents 

13 who have selected the school for their children. 

14 ‘‘(2) SENSE OF CONGRESS.—It is the sense of the 

15 Congress that charter schools are a critical part of 

16 our education system in this Nation and the Congress 

17 believes we must support opening more quality char18 ter schools to help students succeed in their future. 

19 ‘‘(b) PURPOSE.—It is the purpose of this subpart to— 

20 ‘‘(1) improve the United States education system 

21 and education opportunities for all Americans by 

22 supporting innovation in public education in public 

23 school settings that prepare students to compete and 

24 contribute to the global economy and a stronger 

25 America; 
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1 ‘‘(2) provide financial assistance for the plan2 ning, program design, and initial implementation of 

3 charter schools; 

4 ‘‘(3) expand the number of high-quality charter 

5 schools available to students across the Nation; 

6 ‘‘(4) evaluate the impact of such schools on stu7 dent achievement, families, and communities, and 

8 share best practices between charter schools and other 

9 public schools; 

10 ‘‘(5) encourage States to provide support to char11 ter schools for facilities financing in an amount more 

12 nearly commensurate to the amount the States have 

13 typically provided for traditional public schools; 

14 ‘‘(6) improve student services to increase oppor15 tunities for students with disabilities, English learn16 ers, and other traditionally underserved students to 

17 attend charter schools and meet challenging State 

18 academic achievement standards; 

19 ‘‘(7) support efforts to strengthen the charter 

20 school authorizing process to improve performance 

21 management, including transparency, oversight, mon22 itoring, and evaluation of such schools; and 

23 ‘‘(8) support quality accountability and trans24 parency in the operational performance of all author25 ized public chartering agencies, which include State 
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1 educational agencies, local educational agencies, and 

2 other authorizing entities. 

3 ‘‘SEC. 3102. PROGRAM AUTHORIZED. 

4 ‘‘(a) IN GENERAL.—This subpart authorizes the Sec5 retary to carry out a charter school program that supports 

6 charter schools that serve elementary school and secondary 

7 school students by— 

8 ‘‘(1) supporting the startup of charter schools, 

9 and the replication and expansion of high-quality 

10 charter schools; 

11 ‘‘(2) assisting charter schools in accessing credit 

12 to acquire and renovate facilities for school use; and 

13 ‘‘(3) carrying out national activities to sup14 port— 

15 ‘‘(A) charter school development; 

16 ‘‘(B) the dissemination of best practices of 

17 charter schools for all schools; 

18 ‘‘(C) the evaluation of the impact of the pro19 gram on schools participating in the program; 

20 and 

21 ‘‘(D) stronger charter school authorizing. 

22 ‘‘(b) FUNDING ALLOTMENT.—From the amount made 

23 available under section 3(c)(1)(A) for a fiscal year, the Sec24 retary shall— 
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1 ‘‘(1) reserve 12.5 percent to support charter 

2 school facilities assistance under section 3104; 

3 ‘‘(2) reserve not more than 10 percent to carry 

4 out national activities under section 3105; and 

5 ‘‘(3) use the remaining amount after the Sec6 retary reserves funds under paragraphs (1) and (2) to 

7 carry out section 3103. 

8 ‘‘(c) PRIOR GRANTS AND SUBGRANTS.—The recipient 

9 of a grant or subgrant under this subpart or subpart 2, 

10 as such subpart was in effect on the day before the date 

11 of the enactment of the Student Success Act, shall continue 

12 to receive funds in accordance with the terms and condi13 tions of such grant or subgrant. 

14 ‘‘(d) GAO REPORT.—Not later than 3 years after the 

15 date of the enactment of the Student Success Act, the Comp16 troller General of the United States shall submit a report 

17 to the Secretary and Congress that— 

18 ‘‘(1) examines whether the funds authorized to be 

19 reserved by State entities for administrative costs 

20 under section 3103(b)(1)(C) is appropriate; and 

21 ‘‘(2) if such reservation of funds is determined 

22 not to be appropriate, makes recommendations on the 

23 appropriate reservation of funding for such adminis24 trative costs. 
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1 ‘‘SEC. 3103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER 

2 SCHOOLS. 

3 ‘‘(a) IN GENERAL.—From the amount reserved under 

4 section 3102(b)(3), the Secretary shall award grants to 

5 State entities having applications approved pursuant to 

6 subsection (f) to enable such entities to— 

7 ‘‘(1) award subgrants to eligible applicants for 

8 opening and preparing to operate— 

9 ‘‘(A) new charter schools; 

10 ‘‘(B) replicated, high-quality charter school 

11 models; or 

12 ‘‘(C) expanded, high-quality charter schools; 

13 and 

14 ‘‘(2) provide technical assistance to eligible ap15 plicants and authorized public chartering agencies in 

16 carrying out the activities described in paragraph (1) 

17 and work with authorized public chartering agencies 

18 in the State to improve authorizing quality. 

19 ‘‘(b) STATE USES OF FUNDS.— 

20 ‘‘(1) IN GENERAL.—A State entity receiving a 

21 grant under this section shall— 

22 ‘‘(A) use not less than 90 percent of the 

23 grant funds to award subgrants to eligible appli24 cants, in accordance with the quality charter 

25 school program described in the State entity’s 

26 application approved pursuant to subsection (f), 
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1 for the purposes described in subparagraphs (A) 

2 through (C) of subsection (a)(1); 

3 ‘‘(B) reserve not less than 7 percent of such 

4 funds to carry out the activities described in sub5 section (a)(2); and 

6 ‘‘(C) reserve not more than 3 percent of such 

7 funds for administrative costs which may in8 clude technical assistance. 

9 ‘‘(2) CONTRACTS AND GRANTS.—A State entity 

10 may use a grant received under this section to carry 

11 out the activities described in subparagraphs (A) and 

12 (B) of paragraph (1) directly or through grants, con13 tracts, or cooperative agreements. 

14 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this 

15 Act shall prohibit the Secretary from awarding grants 

16 to States that use a weighted lottery to give slightly 

17 better chances for admission to all, or a subset of, edu18 cationally disadvantaged students if— 

19 ‘‘(A) the use of weighted lotteries in favor of 

20 such students is not prohibited by State law, and 

21 such State law is consistent with laws described 

22 in section 6101(3)(G); and 

23 ‘‘(B) such weighted lotteries are not used for 

24 the purpose of creating schools exclusively to 

25 serve a particular subset of students. 
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1 ‘‘(c) PROGRAM PERIODS; PEER REVIEW; GRANT NUM2 BER AND AMOUNT; DIVERSITY OF PROJECTS; WAIVERS.— 

3 ‘‘(1) PROGRAM PERIODS.— 

4 ‘‘(A) GRANTS.—A grant awarded by the 

5 Secretary to a State entity under this section 

6 shall be for a period of not more than 5 years. 

7 ‘‘(B) SUBGRANTS.—A subgrant awarded by 

8 a State entity under this section shall be for a 

9 period of not more than 5 years, of which an eli10 gible applicant may use not more than 18 

11 months for planning and program design. 

12 ‘‘(2) PEER REVIEW.—The Secretary, and each 

13 State entity receiving a grant under this section, shall 

14 use a peer review process to review applications for 

15 assistance under this section. 

16 ‘‘(3) GRANT AWARDS.—The Secretary shall— 

17 ‘‘(A) for each fiscal year for which funds are 

18 appropriated under section 3(c)(1)(A)— 

19 ‘‘(i) award not less than 3 grants 

20 under this section; 

21 ‘‘(ii) wholly fund each grant awarded 

22 under this section, without making continu23 ation awards; and 

24 ‘‘(iii) fully obligate the funds appro25 priated for the purpose of awarding grants 
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1 under this section in the fiscal year for 

2 which such grants are awarded; and 

3 ‘‘(B) prior to the start of the final year of 

4 the grant period of each grant awarded under 

5 this section to a State entity, review whether the 

6 State entity is using the grant funds for the 

7 agreed upon uses of funds and whether the full 

8 amount of the grant will be needed for the re9 mainder of the grant period and may, as deter10 mined necessary based on that review, terminate 

11 or reduce the amount of the grant and reallocate 

12 the remaining grant funds to other State entities 

13 during the succeeding grant competition under 

14 this section. 

15 ‘‘(4) DIVERSITY OF PROJECTS.—Each State enti16 ty receiving a grant under this section shall award 

17 subgrants under this section in a manner that, to the 

18 extent possible, ensures that such subgrants— 

19 ‘‘(A) are distributed throughout different 

20 areas, including urban, suburban, and rural 

21 areas; and 

22 ‘‘(B) will assist charter schools representing 

23 a variety of educational approaches. 

24 ‘‘(5) WAIVERS.—The Secretary may waive any 

25 statutory or regulatory requirement over which the 
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1 Secretary exercises administrative authority, except 

2 for any such requirement relating to the elements of 

3 a charter school described in section 6101(3), if— 

4 ‘‘(A) the waiver is requested in an approved 

5 application under this section; and 

6 ‘‘(B) the Secretary determines that granting 

7 such a waiver will promote the purposes of this 

8 subpart. 

9 ‘‘(d) LIMITATIONS.— 

10 ‘‘(1) GRANTS.—The Secretary shall not award a 

11 grant to a State entity under this section in a case 

12 in which such award would result in more than 1 

13 grant awarded under this section being carried out in 

14 a State at the same time. 

15 ‘‘(2) SUBGRANTS.—An eligible applicant may 

16 not receive more than 1 subgrant under this section 

17 per individual charter school for a 5-year period, un18 less the eligible applicant demonstrates to the State 

19 entity not less than 3 years of improved educational 

20 results in the areas described in subparagraphs (A) 

21 and (D) of section 3110(7) for students enrolled in 

22 such charter school. 

23 ‘‘(e) APPLICATIONS.—A State entity desiring to receive 

24 a grant under this section shall submit an application to 

25 the Secretary at such time and in such manner as the Sec-
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1 retary may require. The application shall include the fol2 lowing: 

3 ‘‘(1) DESCRIPTION OF PROGRAM.—A description 

4 of the State entity’s objectives under this section and 

5 how the objectives of the State entity’s quality charter 

6 school program will be carried out, including a de7 scription— 

8 ‘‘(A) of how the State entity— 

9 ‘‘(i) will support the opening of new 

10 charter schools, replicated, high-quality 

11 charter school models, or expanded, high12 quality charter schools, and a description of 

13 the proposed number of each type of charter 

14 school or model, if applicable, to be opened 

15 under the State entity’s program; 

16 ‘‘(ii) will inform eligible charter 

17 schools, developers, and authorized public 

18 chartering agencies of the availability of 

19 funds under the program; 

20 ‘‘(iii) will work with eligible appli21 cants to ensure that the eligible applicants 

22 access all Federal funds that they are eligi23 ble to receive, and help the charter schools 

24 supported by the applicants and the stu25 dents attending the charter schools— 
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1 ‘‘(I) participate in the Federal 

2 programs in which the schools and stu3 dents are eligible to participate; 

4 ‘‘(II) receive the commensurate 

5 share of Federal funds the schools and 

6 students are eligible to receive under 

7 such programs; and 

8 ‘‘(III) meet the needs of students 

9 served under such programs, including 

10 students with disabilities and English 

11 learners; 

12 ‘‘(iv) will have clear plans and proce13 dures to assist students enrolled in a charter 

14 school that closes or loses its charter to at15 tend other high-quality schools; 

16 ‘‘(v) in the case in which the State en17 tity is not a State educational agency— 

18 ‘‘(I) will work with the State edu19 cational agency and the charter schools 

20 in the State to maximize charter school 

21 participation in Federal and State 

22 programs for charter schools; and 

23 ‘‘(II) will work with the State 

24 educational agency to adequately oper-
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1 ate the State entity’s program under 

2 this section, where applicable; 

3 ‘‘(vi) will ensure each eligible appli4 cant that receives a subgrant under the 

5 State entity’s program to open and prepare 

6 to operate a new charter school, a rep7 licated, high-quality charter school model, 

8 or an expanded, high-quality charter 

9 school— 

10 ‘‘(I) will ensure such school or 

11 model meets the requirements under 

12 section 6101(3); and 

13 ‘‘(II) is prepared to continue to 

14 operate such school or model, in a 

15 manner consistent with the eligible ap16 plicant’s application, after the 

17 subgrant funds have expired; 

18 ‘‘(vii) will support charter schools in 

19 local educational agencies with large num20 bers of schools identified by the State for 

21 improvement, including supporting the use 

22 of charter schools to improve, or in turning 

23 around, struggling schools; 

24 ‘‘(viii) will work with charter schools 

25 to promote inclusion of all students, includ-
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1 ing eliminating any barriers to enrollment 

2 for foster youth or unaccompanied homeless 

3 youth, and support all students once they 

4 are enrolled to promote retention including 

5 through the use of fair disciplinary practice; 

6 ‘‘(ix) will work with charter schools on 

7 recruitment practices, including efforts to 

8 engage groups that may otherwise have lim9 ited opportunities to participate in charter 

10 schools, and to ensure such schools do not 

11 have in effect policies or procedures that 

12 may create barriers to enrollment of stu13 dents, including educationally disadvan14 taged students, and are in compliance with 

15 all Federal and State laws on enrollment 

16 practices; 

17 ‘‘(x) will share best and promising 

18 practices between charter schools and other 

19 public schools, including, where appro20 priate, instruction and professional develop21 ment in science, technology, engineering, 

22 and math education, including computer 

23 science, and other subjects; 

24 ‘‘(xi) will ensure the charter schools re25 ceiving funds under the State entity’s pro-
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1 gram meet the educational needs of their 

2 students, including students with disabil3 ities and English learners; 

4 ‘‘(xii) will support efforts to increase 

5 quality initiatives, including meeting the 

6 quality authorizing elements described in 

7 paragraph (2)(E); 

8 ‘‘(xiii) in the case of a State entity not 

9 described in clause (xiv), will provide over10 sight of authorizing activity, including how 

11 the State will help ensure better author12 izing, such as by establishing authorizing 

13 standards that may include approving, ac14 tively monitoring, and re-approving or re15 voking the authority of an authorized public 

16 chartering agency based on the performance 

17 of the charter schools authorized by such 

18 agency in the areas of student achievement, 

19 student safety, financial and operational 

20 management, and compliance with all ap21 plicable statutes and regulations; 

22 ‘‘(xiv) in the case of a State entity de23 fined in subsection (i)(4), will work with 

24 the State to support the State’s system of 

25 assistance and oversight of authorized pub-
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1 lic chartering agencies for authorizing ac2 tivity described in clause (xiii); and 

3 ‘‘(xv) will work with eligible appli4 cants receiving a subgrant under the State 

5 entity’s program to support the opening of 

6 charter schools or charter school models de7 scribed in clause (i) that are secondary 

8 schools; 

9 ‘‘(B) of the extent to which the State enti10 ty— 

11 ‘‘(i) is able to meet and carry out the 

12 priorities listed in subsection (f)(2); 

13 ‘‘(ii) is working to develop or strength14 en a cohesive statewide system to support 

15 the opening of new charter schools, rep16 licated, high-quality charter school models, 

17 or expanded, high-quality charter schools; 

18 and 

19 ‘‘(iii) is working to develop or 

20 strengthen a cohesive strategy to encourage 

21 collaboration between charter schools and 

22 local educational agencies on the sharing of 

23 best practices; 

24 ‘‘(C) of how the State entity will carry out 

25 the subgrant competition, including— 
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1 ‘‘(i) a description of the application 

2 each eligible applicant desiring to receive a 

3 subgrant will submit, including— 

4 ‘‘(I) a description of the roles and 

5 responsibilities of the eligible appli6 cant, partner organizations, and man7 agement organizations, including the 

8 administrative and contractual roles 

9 and responsibilities; 

10 ‘‘(II) a description of the quality 

11 controls agreed to between the eligible 

12 applicant and the authorized public 

13 chartering agency involved, such as a 

14 contract or performance agreement, 

15 how a school’s performance in the 

16 State’s academic accountability system 

17 will be one of the most important fac18 tors for renewal or revocation of the 

19 school’s charter, and how the State en20 tity and the authorized public char21 tering agency involved will reserve the 

22 right to revoke or not renew a school’s 

23 charter based on financial, structural, 

24 or operational factors involving the 

25 management of the school; 
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1 ‘‘(III) a description of how the eli2 gible applicant will solicit and con3 sider input from parents and other 

4 members of the community on the im5 plementation and operation of each 

6 charter school that will receive funds 

7 under the State entity’s program; and 

8 ‘‘(IV) a description of the planned 

9 activities and expenditures for the 

10 subgrant funds for purposes of opening 

11 and preparing to operate a new char12 ter school, a replicated, high-quality 

13 charter school model, or an expanded, 

14 high-quality charter school, and how 

15 the school or model will maintain fi16 nancial sustainability after the end of 

17 the subgrant period; and 

18 ‘‘(ii) a description of how the State en19 tity will review applications; 

20 ‘‘(D) in the case of a State entity that part21 ners with an outside organization to carry out 

22 the State entity’s quality charter school program, 

23 in whole or in part, of the roles and responsibil24 ities of this partner; 
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1 ‘‘(E) of how the State entity will help the 

2 charter schools receiving funds under the State 

3 entity’s program consider the transportation 

4 needs of the schools’ students; and 

5 ‘‘(F) of how the State entity will support 

6 diverse charter school models, including models 

7 that serve rural communities. 

8 ‘‘(2) ASSURANCES.—Assurances, including a de9 scription of how the assurances will be met, that— 

10 ‘‘(A) each charter school receiving funds 

11 under the State entity’s program will have a 

12 high degree of autonomy over budget and oper13 ations; 

14 ‘‘(B) the State entity will support charter 

15 schools in meeting the educational needs of their 

16 students as described in paragraph (1)(A)(xi); 

17 ‘‘(C) the State entity will ensure that the 

18 authorized public chartering agency of any char19 ter school that receives funds under the State en20 tity’s program— 

21 ‘‘(i) adequately monitors each such 

22 charter school in recruiting, enrolling, and 

23 meeting the needs of all students, including 

24 students with disabilities and English 

25 learners; and 
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1 ‘‘(ii) ensures that each such charter 

2 school solicits and considers input from 

3 parents and other members of the commu4 nity on the implementation and operation 

5 of the school; 

6 ‘‘(D) the State entity will provide adequate 

7 technical assistance to eligible applicants to— 

8 ‘‘(i) meet the objectives described in 

9 clauses (viii) and (ix) of paragraph (1)(A) 

10 and subparagraph (B) of this paragraph; 

11 and 

12 ‘‘(ii) recruit, enroll, and retain tradi13 tionally underserved students, including 

14 students with disabilities and English 

15 learners, at rates similar to traditional 

16 public schools; 

17 ‘‘(E) the State entity will promote quality 

18 authorizing, such as through providing technical 

19 assistance and supporting all authorized public 

20 chartering agencies in the State to improve the 

21 oversight of their charter schools, including by— 

22 ‘‘(i) assessing annual performance data 

23 of the schools, including, as appropriate, 

24 graduation rates, student academic growth, 

25 and rates of student attrition; 
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1 ‘‘(ii) reviewing the schools’ inde2 pendent, annual audits of financial state3 ments conducted in accordance with gen4 erally accepted accounting principles, and 

5 ensuring any such audits are publically re6 ported; and 

7 ‘‘(iii) holding charter schools account8 able to the academic, financial, and oper9 ational quality controls agreed to between 

10 the charter school and the authorized public 

11 chartering agency involved, such as through 

12 renewal, non-renewal, or revocation of the 

13 school’s charter; 

14 ‘‘(F) the State entity will work to ensure 

15 that charter schools are included with the tradi16 tional public schools in decisionmaking about the 

17 public school system in the State; and 

18 ‘‘(G) The State entity will ensure that each 

19 charter school receiving funds under the State 

20 entity’s program makes publicly available, con21 sistent with the dissemination requirements of 

22 the annual State report card, information to 

23 help parents make informed decisions about the 

24 education options available to their children, in25 cluding information for each school on— 
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1 ‘‘(i) the educational program; 

2 ‘‘(ii) student support services; 

3 ‘‘(iii) annual performance and enroll4 ment data, disaggregated by the groups of 

5 students described in section 

6 1111(b)(3)(B)(ii)(II), except that such 

7 disaggregation shall not be required in a 

8 case in which the number of students in a 

9 group is insufficient to yield statistically re10 liable information or the results would re11 veal personally identifiable information 

12 about an individual student; and 

13 ‘‘(iv) any other information the State 

14 requires all other public schools to report for 

15 purposes of section 1111(h)(1)(D). 

16 ‘‘(3) REQUESTS FOR WAIVERS.—A request and 

17 justification for waivers of any Federal statutory or 

18 regulatory provisions that the State entity believes are 

19 necessary for the successful operation of the charter 

20 schools that will receive funds under the State entity’s 

21 program under this section or, in the case of a State 

22 entity defined in subsection (i)(4), a description of 

23 how the State entity will work with the State to re24 quest such necessary waivers, where applicable, and a 

25 description of any State or local rules, generally ap-
296 

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1 plicable to public schools, that will be waived, or oth2 erwise not apply to such schools. 

3 ‘‘(f) SELECTION CRITERIA; PRIORITY.— 

4 ‘‘(1) SELECTION CRITERIA.—The Secretary shall 

5 award grants to State entities under this section on 

6 the basis of the quality of the applications submitted 

7 under subsection (e), after taking into consider8 ation— 

9 ‘‘(A) the degree of flexibility afforded by the 

10 State’s public charter school law and how the 

11 State entity will work to maximize the flexibility 

12 provided to charter schools under the law; 

13 ‘‘(B) the ambitiousness of the State entity’s 

14 objectives for the quality charter school program 

15 carried out under this section; 

16 ‘‘(C) the quality of the strategy for assessing 

17 achievement of those objectives; 

18 ‘‘(D) the likelihood that the eligible appli19 cants receiving subgrants under the program will 

20 meet those objectives and improve educational re21 sults for students; 

22 ‘‘(E) the State entity’s plan to— 

23 ‘‘(i) adequately monitor the eligible ap24 plicants receiving subgrants under the State 

25 entity’s program; 
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1 ‘‘(ii) work with the authorized public 

2 chartering agencies involved to avoid dupli3 cation of work for the charter schools and 

4 authorized public chartering agencies; and 

5 ‘‘(iii) provide adequate technical as6 sistance and support for— 

7 ‘‘(I) the charter schools receiving 

8 funds under the State entity’s pro9 gram; and 

10 ‘‘(II) quality authorizing efforts 

11 in the State; and 

12 ‘‘(F) the State entity’s plan to solicit and 

13 consider input from parents and other members 

14 of the community on the implementation and op15 eration of the charter schools in the State. 

16 ‘‘(2) PRIORITY.—In awarding grants under this 

17 section, the Secretary shall give priority to State enti18 ties to the extent that they meet the following criteria: 

19 ‘‘(A) The State entity is located in a 

20 State— 

21 ‘‘(i) that allows at least one entity that 

22 is not a local educational agency to be an 

23 authorized public chartering agency for de24 velopers seeking to open a charter school in 

25 the State; or 
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1 ‘‘(ii) in which local educational agen2 cies are the only authorized public char3 tering agencies and that has an appeals 

4 process for the denial of an application for 

5 a charter school; 

6 ‘‘(B) The State entity is located in a State 

7 that does not impose any limitation on the num8 ber or percentage of charter schools that may 

9 exist or the number or percentage of students 

10 that may attend charter schools in the State. 

11 ‘‘(C) The State entity is located in a State 

12 that ensures equitable financing, as compared to 

13 traditional public schools, for charter schools and 

14 students in a prompt manner. 

15 ‘‘(D) The State entity is located in a State 

16 that uses best practices from charter schools to 

17 help improve struggling schools and local edu18 cational agencies. 

19 ‘‘(E) The State entity partners with an or20 ganization that has a demonstrated record of 

21 success in developing management organizations 

22 to support the development of charter schools in 

23 the State. 

24 ‘‘(F) The State entity supports charter 

25 schools that support at-risk students through ac-
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1 tivities such as dropout prevention, dropout re2 covery, or comprehensive career counseling prac3 tices. 

4 ‘‘(G) The State entity authorizes all charter 

5 schools in the State to serve as school food au6 thorities. 

7 ‘‘(H) The State entity has taken steps to en8 sure that all authorizing public chartering agen9 cies implement best practices for charter school 

10 authorizing. 

11 ‘‘(I) The State entity is able to demonstrate 

12 that its State provides charter schools one or 

13 more of the following: 

14 ‘‘(i) Funding for facilities. 

15 ‘‘(ii) Assistance with the acquisition of 

16 facilities. 

17 ‘‘(iii) Access to public facilities. 

18 ‘‘(iv) The right of first refusal to pur19 chase public school buildings. 

20 ‘‘(v) Low or no cost leasing privileges. 

21 ‘‘(g) LOCAL USES OF FUNDS.—An eligible applicant 

22 receiving a subgrant under this section shall use such funds 

23 to carry out activities related to opening and preparing to 

24 operate a new charter school, a replicated, high-quality 
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1 charter school model, or an expanded, high-quality charter 

2 school, such as— 

3 ‘‘(1) preparing teachers and school leaders, in4 cluding through professional development; 

5 ‘‘(2) acquiring equipment, educational materials, 

6 and supplies; and 

7 ‘‘(3) carrying out necessary renovations and 

8 minor facilities repairs (excluding construction). 

9 ‘‘(h) REPORTING REQUIREMENTS.—Each State entity 

10 receiving a grant under this section shall submit to the Sec11 retary, at the end of the third year of the 5-year grant pe12 riod and at the end of such grant period, a report on— 

13 ‘‘(1) the number of students served by each 

14 subgrant awarded under this section and, if applica15 ble, how many new students were served during each 

16 year of the subgrant period; 

17 ‘‘(2) the progress the State entity made toward 

18 meeting the priorities described in subsection (f)(2), 

19 as applicable; 

20 ‘‘(3) how the State entity met the objectives of the 

21 quality charter school program described in the State 

22 entity’s application under subsection (e), including 

23 how the State entity met the objective of sharing best 

24 and promising practices described in subsection 

25 (e)(1)(A)(x) in areas such as instruction, professional 
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1 development, curricula development, and operations 

2 between charter schools and other public schools, and 

3 the extent to which, if known, such practices were 

4 adopted and implemented by such other public 

5 schools; 

6 ‘‘(4) how the State entity complied with, and en7 sured that eligible applicants complied with, the as8 surances described in the State entity’s application; 

9 ‘‘(5) how the State entity worked with authorized 

10 public chartering agencies, including how the agencies 

11 worked with the management company or leadership 

12 of the schools that received subgrants under this sec13 tion; 

14 ‘‘(6) the number of subgrants awarded under this 

15 section to carry out each of the following: 

16 ‘‘(A) the opening of new charter schools; 

17 ‘‘(B) the opening of replicated, high-quality 

18 charter school models; and 

19 ‘‘(C) the opening of expanded, high-quality 

20 charter schools; and 

21 ‘‘(7) how the State entity has worked with char22 ter schools receiving funds under the State entity’s 

23 program to foster community involvement in the 

24 planning for and opening of such schools. 
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1 ‘‘(i) STATE ENTITY DEFINED.—For purposes of this 

2 section, the term ‘State entity’ means— 

3 ‘‘(1) a State educational agency; 

4 ‘‘(2) a State charter school board; 

5 ‘‘(3) a Governor of a State; or 

6 ‘‘(4) a charter school support organization. 

7 ‘‘SEC. 3104. FACILITIES FINANCING ASSISTANCE. 

8 ‘‘(a) GRANTS TO ELIGIBLE ENTITIES.— 

9 ‘‘(1) IN GENERAL.—From the amount reserved 

10 under section 3102(b)(1), the Secretary shall not use 

11 less than 50 percent to award grants to eligible enti12 ties that have the highest-quality applications ap13 proved under subsection (d), after considering the di14 versity of such applications, to demonstrate innova15 tive methods of assisting charter schools to address the 

16 cost of acquiring, constructing, and renovating facili17 ties by enhancing the availability of loans or bond fi18 nancing. 

19 ‘‘(2) ELIGIBLE ENTITY DEFINED.—For purposes 

20 of this section, the term ‘eligible entity’ means— 

21 ‘‘(A) a public entity, such as a State or 

22 local governmental entity; 

23 ‘‘(B) a private nonprofit entity; or 

24 ‘‘(C) a consortium of entities described in 

25 subparagraphs (A) and (B). 
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1 ‘‘(b) GRANTEE SELECTION.—The Secretary shall 

2 evaluate each application submitted under subsection (d), 

3 and shall determine whether the application is sufficient 

4 to merit approval. 

5 ‘‘(c) GRANT CHARACTERISTICS.—Grants under sub6 section (a) shall be of a sufficient size, scope, and quality 

7 so as to ensure an effective demonstration of an innovative 

8 means of enhancing credit for the financing of charter 

9 school acquisition, construction, or renovation. 

10 ‘‘(d) APPLICATIONS.— 

11 ‘‘(1) IN GENERAL.—To receive a grant under 

12 subsection (a), an eligible entity shall submit to the 

13 Secretary an application in such form as the Sec14 retary may reasonably require. 

15 ‘‘(2) CONTENTS.—An application submitted 

16 under paragraph (1) shall contain— 

17 ‘‘(A) a statement identifying the activities 

18 proposed to be undertaken with funds received 

19 under subsection (a), including how the eligible 

20 entity will determine which charter schools will 

21 receive assistance, and how much and what types 

22 of assistance charter schools will receive; 

23 ‘‘(B) a description of the involvement of 

24 charter schools in the application’s development 

25 and the design of the proposed activities; 
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1 ‘‘(C) a description of the eligible entity’s ex2 pertise in capital market financing; 

3 ‘‘(D) a description of how the proposed ac4 tivities will leverage the maximum amount of 

5 private-sector financing capital relative to the 

6 amount of public funding used and otherwise en7 hance credit available to charter schools, includ8 ing how the eligible entity will offer a combina9 tion of rates and terms more favorable than the 

10 rates and terms that a charter school could re11 ceive without assistance from the eligible entity 

12 under subsection (a); 

13 ‘‘(E) a description of how the eligible entity 

14 possesses sufficient expertise in education to 

15 evaluate the likelihood of success of a charter 

16 school program for which facilities financing is 

17 sought; and 

18 ‘‘(F) in the case of an application submitted 

19 by a State governmental entity, a description of 

20 the actions that the entity has taken, or will 

21 take, to ensure that charter schools within the 

22 State receive the funding the charter schools need 

23 to have adequate facilities. 

24 ‘‘(e) CHARTER SCHOOL OBJECTIVES.—An eligible en25 tity receiving a grant under subsection (a) shall use the 
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1 funds deposited in the reserve account established under 

2 subsection (f) to assist one or more charter schools to access 

3 private sector capital to accomplish one or more of the fol4 lowing objectives: 

5 ‘‘(1) The acquisition (by purchase, lease, dona6 tion, or otherwise) of an interest (including an inter7 est held by a third party for the benefit of a charter 

8 school) in improved or unimproved real property that 

9 is necessary to commence or continue the operation of 

10 a charter school. 

11 ‘‘(2) The construction of new facilities, or the 

12 renovation, repair, or alteration of existing facilities, 

13 necessary to commence or continue the operation of a 

14 charter school. 

15 ‘‘(3) The predevelopment costs required to assess 

16 sites for purposes of paragraph (1) or (2) and which 

17 are necessary to commence or continue the operation 

18 of a charter school. 

19 ‘‘(f) RESERVE ACCOUNT.— 

20 ‘‘(1) USE OF FUNDS.—To assist charter schools 

21 to accomplish the objectives described in subsection 

22 (e), an eligible entity receiving a grant under sub23 section (a) shall, in accordance with State and local 

24 law, directly or indirectly, alone or in collaboration 

25 with others, deposit the funds received under sub-
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1 section (a) (other than funds used for administrative 

2 costs in accordance with subsection (g)) in a reserve 

3 account established and maintained by the eligible en4 tity for this purpose. Amounts deposited in such ac5 count shall be used by the eligible entity for one or 

6 more of the following purposes: 

7 ‘‘(A) Guaranteeing, insuring, and rein8 suring bonds, notes, evidences of debt, loans, and 

9 interests therein, the proceeds of which are used 

10 for an objective described in subsection (e). 

11 ‘‘(B) Guaranteeing and insuring leases of 

12 personal and real property for an objective de13 scribed in subsection (e). 

14 ‘‘(C) Facilitating financing by identifying 

15 potential lending sources, encouraging private 

16 lending, and other similar activities that directly 

17 promote lending to, or for the benefit of, charter 

18 schools. 

19 ‘‘(D) Facilitating the issuance of bonds by 

20 charter schools, or by other public entities for the 

21 benefit of charter schools, by providing technical, 

22 administrative, and other appropriate assistance 

23 (including the recruitment of bond counsel, un24 derwriters, and potential investors and the con-
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1 solidation of multiple charter school projects 

2 within a single bond issue). 

3 ‘‘(2) INVESTMENT.—Funds received under sub4 section (a) and deposited in the reserve account estab5 lished under paragraph (1) shall be invested in obli6 gations issued or guaranteed by the United States or 

7 a State, or in other similarly low-risk securities. 

8 ‘‘(3) REINVESTMENT OF EARNINGS.—Any earn9 ings on funds received under subsection (a) shall be 

10 deposited in the reserve account established under 

11 paragraph (1) and used in accordance with such 

12 paragraph. 

13 ‘‘(g) LIMITATION ON ADMINISTRATIVE COSTS.—An eli14 gible entity may use not more than 2.5 percent of the funds 

15 received under subsection (a) for the administrative costs 

16 of carrying out its responsibilities under this section (ex17 cluding subsection (k)). 

18 ‘‘(h) AUDITS AND REPORTS.— 

19 ‘‘(1) FINANCIAL RECORD MAINTENANCE AND

20 AUDIT.—The financial records of each eligible entity 

21 receiving a grant under subsection (a) shall be main22 tained in accordance with generally accepted account23 ing principles and shall be subject to an annual audit 

24 by an independent public accountant. 

25 ‘‘(2) REPORTS.— 
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1 ‘‘(A) GRANTEE ANNUAL REPORTS.—Each el2 igible entity receiving a grant under subsection 

3 (a) annually shall submit to the Secretary a re4 port of its operations and activities under this 

5 section (excluding subsection (k)). 

6 ‘‘(B) CONTENTS.—Each annual report sub7 mitted under subparagraph (A) shall include— 

8 ‘‘(i) a copy of the most recent financial 

9 statements, and any accompanying opinion 

10 on such statements, prepared by the inde11 pendent public accountant reviewing the fi12 nancial records of the eligible entity; 

13 ‘‘(ii) a copy of any report made on an 

14 audit of the financial records of the eligible 

15 entity that was conducted under paragraph 

16 (1) during the reporting period; 

17 ‘‘(iii) an evaluation by the eligible en18 tity of the effectiveness of its use of the Fed19 eral funds provided under subsection (a) in 

20 leveraging private funds; 

21 ‘‘(iv) a listing and description of the 

22 charter schools served during the reporting 

23 period, including the amount of funds used 

24 by each school, the type of project facilitated 
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1 by the grant, and the type of assistance pro2 vided to the charter schools; 

3 ‘‘(v) a description of the activities car4 ried out by the eligible entity to assist char5 ter schools in meeting the objectives set forth 

6 in subsection (e); and 

7 ‘‘(vi) a description of the characteris8 tics of lenders and other financial institu9 tions participating in the activities under10 taken by the eligible entity under this sec11 tion (excluding subsection (k)) during the 

12 reporting period. 

13 ‘‘(C) SECRETARIAL REPORT.—The Sec14 retary shall review the reports submitted under 

15 subparagraph (A) and shall provide a com16 prehensive annual report to Congress on the ac17 tivities conducted under this section (excluding 

18 subsection (k)). 

19 ‘‘(i) NO FULL FAITH AND CREDIT FOR GRANTEE OB20 LIGATION.—No financial obligation of an eligible entity en21 tered into pursuant to this section (such as an obligation 

22 under a guarantee, bond, note, evidence of debt, or loan) 

23 shall be an obligation of, or guaranteed in any respect by, 

24 the United States. The full faith and credit of the United 

25 States is not pledged to the payment of funds which may 
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1 be required to be paid under any obligation made by an 

2 eligible entity pursuant to any provision of this section. 

3 ‘‘(j) RECOVERY OF FUNDS.— 

4 ‘‘(1) IN GENERAL.—The Secretary, in accordance 

5 with chapter 37 of title 31, United States Code, shall 

6 collect— 

7 ‘‘(A) all of the funds in a reserve account es8 tablished by an eligible entity under subsection 

9 (f)(1) if the Secretary determines, not earlier 

10 than 2 years after the date on which the eligible 

11 entity first received funds under subsection (a), 

12 that the eligible entity has failed to make sub13 stantial progress in carrying out the purposes 

14 described in subsection (f)(1); or 

15 ‘‘(B) all or a portion of the funds in a re16 serve account established by an eligible entity 

17 under subsection (f)(1) if the Secretary deter18 mines that the eligible entity has permanently 

19 ceased to use all or a portion of the funds in 

20 such account to accomplish any purpose de21 scribed in subsection (f)(1). 

22 ‘‘(2) EXERCISE OF AUTHORITY.—The Secretary 

23 shall not exercise the authority provided in paragraph 

24 (1) to collect from any eligible entity any funds that 
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1 are being properly used to achieve one or more of the 

2 purposes described in subsection (f)(1). 

3 ‘‘(3) PROCEDURES.—The provisions of sections 

4 451, 452, and 458 of the General Education Provi5 sions Act (20 U.S.C. 124, 1234a, 1234g) shall apply 

6 to the recovery of funds under paragraph (1). 

7 ‘‘(4) CONSTRUCTION.—This subsection shall not 

8 be construed to impair or affect the authority of the 

9 Secretary to recover funds under part D of the Gen10 eral Education Provisions Act (20 U.S.C. 1234 et 

11 seq.). 

12 ‘‘(k) PER-PUPIL FACILITIES AID PROGRAM.— 

13 ‘‘(1) DEFINITION OF PER-PUPIL FACILITIES AID

14 PROGRAM.—In this subsection, the term ‘per-pupil fa15 cilities aid program’ means a program in which a 

16 State makes payments, on a per-pupil basis, to char17 ter schools to provide the schools with financing— 

18 ‘‘(A) that is dedicated solely for funding 

19 charter school facilities; or 

20 ‘‘(B) a portion of which is dedicated for 

21 funding charter school facilities. 

22 ‘‘(2) GRANTS.— 

23 ‘‘(A) IN GENERAL.—From the amount 

24 under section 3102(b)(1) remaining after the 

25 Secretary makes grants under subsection (a), the 
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1 Secretary shall make grants, on a competitive 

2 basis, to States to pay for the Federal share of 

3 the cost of establishing or enhancing, and admin4 istering per-pupil facilities aid programs. 

5 ‘‘(B) PERIOD.—The Secretary shall award 

6 grants under this subsection for periods of not 

7 more than 5 years. 

8 ‘‘(C) FEDERAL SHARE.—The Federal share 

9 of the cost described in subparagraph (A) for a 

10 per-pupil facilities aid program shall be not 

11 more than— 

12 ‘‘(i) 90 percent of the cost, for the first 

13 fiscal year for which the program receives 

14 assistance under this subsection; 

15 ‘‘(ii) 80 percent in the second such 

16 year; 

17 ‘‘(iii) 60 percent in the third such 

18 year; 

19 ‘‘(iv) 40 percent in the fourth such 

20 year; and 

21 ‘‘(v) 20 percent in the fifth such year. 

22 ‘‘(D) STATE SHARE.—A State receiving a 

23 grant under this subsection may partner with 1 

24 or more organizations to provide up to 50 per25 cent of the State share of the cost of establishing 
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1 or enhancing, and administering the per-pupil 

2 facilities aid program. 

3 ‘‘(E) MULTIPLE GRANTS.—A State may re4 ceive more than 1 grant under this subsection, so 

5 long as the amount of such funds provided to 

6 charter schools increases with each successive 

7 grant. 

8 ‘‘(3) USE OF FUNDS.— 

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

10 grant under this subsection shall use the funds 

11 made available through the grant to establish or 

12 enhance, and administer, a per-pupil facilities 

13 aid program for charter schools in the State of 

14 the applicant. 

15 ‘‘(B) EVALUATIONS; TECHNICAL ASSIST16 ANCE; DISSEMINATION.—From the amount made 

17 available to a State through a grant under this 

18 subsection for a fiscal year, the State may re19 serve not more than 5 percent to carry out eval20 uations, to provide technical assistance, and to 

21 disseminate information. 

22 ‘‘(C) SUPPLEMENT, NOT SUPPLANT.—Funds 

23 made available under this subsection shall be 

24 used to supplement, and not supplant, State and 

25 local public funds expended to provide per pupil 
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1 facilities aid programs, operations financing 

2 programs, or other programs, for charter schools. 

3 ‘‘(4) REQUIREMENTS.— 

4 ‘‘(A) VOLUNTARY PARTICIPATION.—No State 

5 may be required to participate in a program 

6 carried out under this subsection. 

7 ‘‘(B) STATE LAW.— 

8 ‘‘(i) IN GENERAL.—Except as provided 

9 in clause (ii), to be eligible to receive a 

10 grant under this subsection, a State shall 

11 establish or enhance, and administer, a per12 pupil facilities aid program for charter 

13 schools in the State, that— 

14 ‘‘(I) is specified in State law; and 

15 ‘‘(II) provides annual financing, 

16 on a per-pupil basis, for charter school 

17 facilities. 

18 ‘‘(ii) SPECIAL RULE.—Notwith19 standing clause (i), a State that is required 

20 under State law to provide its charter 

21 schools with access to adequate facility 

22 space, but which does not have a per-pupil 

23 facilities aid program for charter schools 

24 specified in State law, may be eligible to re25 ceive a grant under this subsection if the 
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1 State agrees to use the funds to develop a 

2 per-pupil facilities aid program consistent 

3 with the requirements of this subsection. 

4 ‘‘(5) APPLICATIONS.—To be eligible to receive a 

5 grant under this subsection, a State shall submit an 

6 application to the Secretary at such time, in such 

7 manner, and containing such information as the Sec8 retary may require. 

9 ‘‘SEC. 3105. NATIONAL ACTIVITIES. 

10 ‘‘(a) IN GENERAL.—Of the amount reserved under sec11 tion 3102(b)(2), the Secretary shall— 

12 ‘‘(1) use not less than 75 percent of such amount 

13 to award grants in accordance with subsection (b); 

14 and 

15 ‘‘(2) use not more than 25 percent of such 

16 amount to— 

17 ‘‘(A) provide technical assistance to State 

18 entities in awarding subgrants under section 

19 3103, and eligible entities and States receiving 

20 grants under section 3104; 

21 ‘‘(B) disseminate best practices; and 

22 ‘‘(C) evaluate the impact of the charter 

23 school program, including the impact on student 

24 achievement, carried out under this subpart. 

25 ‘‘(b) GRANTS.— 
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1 ‘‘(1) IN GENERAL.—The Secretary shall make 

2 grants, on a competitive basis, to eligible applicants 

3 for the purpose of carrying out the activities described 

4 in section 3102(a)(1), subparagraphs (A) through (C) 

5 of section 3103(a)(1), and section 3103(g). 

6 ‘‘(2) TERMS AND CONDITIONS.—Except as other7 wise provided in this subsection, grants awarded 

8 under this subsection shall have the same terms and 

9 conditions as grants awarded to State entities under 

10 section 3103. 

11 ‘‘(3) CHARTER MANAGEMENT ORGANIZATIONS.— 

12 The Secretary shall— 

13 ‘‘(A) of the amount described in subsection 

14 (a)(1), use not less than 75 percent to make 

15 grants, on a competitive basis, to eligible appli16 cants described in paragraph (4)(B); and 

17 ‘‘(B) notwithstanding paragraphs (1)(A) 

18 and (2) of section 3103(f)— 

19 ‘‘(i) award grants to eligible appli20 cants on the basis of the quality of the ap21 plications submitted under this subsection; 

22 and 

23 ‘‘(ii) in awarding grants to eligible ap24 plicants described in paragraph (4)(B) of 
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1 this subsection, take into consideration 

2 whether such an eligible applicant— 

3 ‘‘(I) demonstrates a high propor4 tion of high-quality charter schools 

5 within the network of the eligible ap6 plicant; 

7 ‘‘(II) demonstrates success in serv8 ing students who are educationally dis9 advantaged; 

10 ‘‘(III) does not have a significant 

11 proportion of charter schools that have 

12 been closed, had their charter revoked 

13 for compliance issues, or had their af14 filiation with such eligible applicant 

15 revoked; 

16 ‘‘(IV) has sufficient procedures in 

17 effect to ensure timely closure of low18 performing or financially mismanaged 

19 charter schools and clear plans and 

20 procedures in effect for the students in 

21 such schools to attend other high-qual22 ity schools; and 

23 ‘‘(V) demonstrates success in 

24 working with schools identified for im25 provement by the State. 
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1 ‘‘(4) ELIGIBLE APPLICANT DEFINED.—For pur2 poses of this subsection, the term ‘eligible applicant’ 

3 means an eligible applicant (as defined in section 

4 3110) that— 

5 ‘‘(A) desires to open a charter school in— 

6 ‘‘(i) a State that did not apply for a 

7 grant under section 3103; or 

8 ‘‘(ii) a State that did not receive a 

9 grant under section 3103; or 

10 ‘‘(B) is a charter management organization. 

11 ‘‘(c) CONTRACTS AND GRANTS.—The Secretary may 

12 carry out any of the activities described in this section di13 rectly or through grants, contracts, or cooperative agree14 ments. 

15 ‘‘SEC. 3106. FEDERAL FORMULA ALLOCATION DURING 

16 FIRST YEAR AND FOR SUCCESSIVE ENROLL17 MENT EXPANSIONS. 

18 ‘‘(a) IN GENERAL.—For purposes of the allocation to 

19 schools by the States or their agencies of funds under part 

20 A of title I, and any other Federal funds which the Sec21 retary allocates to States on a formula basis, the Secretary 

22 and each State educational agency shall take such measures 

23 as are necessary to ensure that every charter school receives 

24 the Federal funding for which the charter school is eligible 

25 not later than 5 months after the charter school first opens, 
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1 notwithstanding the fact that the identity and characteris2 tics of the students enrolling in that charter school are not 

3 fully and completely determined until that charter school 

4 actually opens. The measures similarly shall ensure that 

5 every charter school expanding its enrollment in any subse6 quent year of operation receives the Federal funding for 

7 which the charter school is eligible not later than 5 months 

8 after such expansion. 

9 ‘‘(b) ADJUSTMENT AND LATE OPENINGS.— 

10 ‘‘(1) IN GENERAL.—The measures described in 

11 subsection (a) shall include provision for appropriate 

12 adjustments, through recovery of funds or reduction of 

13 payments for the succeeding year, in cases where pay14 ments made to a charter school on the basis of esti15 mated or projected enrollment data exceed the 

16 amounts that the school is eligible to receive on the 

17 basis of actual or final enrollment data. 

18 ‘‘(2) RULE.—For charter schools that first open 

19 after November 1 of any academic year, the State, in 

20 accordance with guidance provided by the Secretary 

21 and applicable Federal statutes and regulations, shall 

22 ensure that such charter schools that are eligible for 

23 the funds described in subsection (a) for such aca24 demic year have a full and fair opportunity to receive 
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1 those funds during the charter schools’ first year of 

2 operation. 

3 ‘‘SEC. 3107. SOLICITATION OF INPUT FROM CHARTER 

4 SCHOOL OPERATORS. 

5 ‘‘To the extent practicable, the Secretary shall ensure 

6 that administrators, teachers, and other individuals di7 rectly involved in the operation of charter schools are con8 sulted in the development of any rules or regulations re9 quired to implement this subpart, as well as in the develop10 ment of any rules or regulations relevant to charter schools 

11 that are required to implement part A of title I, the Individ12 uals with Disabilities Education Act, or any other program 

13 administered by the Secretary that provides education 

14 funds to charter schools or regulates the activities of charter 

15 schools. 

16 ‘‘SEC. 3108. RECORDS TRANSFER. 

17 ‘‘State educational agencies and local educational 

18 agencies, as quickly as possible and to the extent prac19 ticable, shall ensure that a student’s records and, if applica20 ble, a student’s individualized education program as de21 fined in section 602(14) of the Individuals with Disabilities 

22 Education Act, are transferred to a charter school upon the 

23 transfer of the student to the charter school, and to another 

24 public school upon the transfer of the student from a charter 
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1 school to another public school, in accordance with applica2 ble State law. 

3 ‘‘SEC. 3109. PAPERWORK REDUCTION. 

4 ‘‘To the extent practicable, the Secretary and each au5 thorized public chartering agency shall ensure that imple6 mentation of this subpart results in a minimum of paper7 work for any eligible applicant or charter school. 

8 ‘‘SEC. 3110. DEFINITIONS. 

9 ‘‘In this subpart: 

10 ‘‘(1) CHARTER MANAGEMENT ORGANIZATION.— 

11 The term ‘charter management organization’ means a 

12 nonprofit organization that manages a network of 

13 charter schools linked by centralized support, oper14 ations, and oversight. 

15 ‘‘(2) CHARTER SCHOOL SUPPORT ORGANIZA16 TION.—The term ‘charter school support organization’ 

17 means a nonprofit, nongovernmental entity that is 

18 not an authorized public chartering agency, which 

19 provides on a statewide basis— 

20 ‘‘(A) assistance to developers during the 

21 planning, program design, and initial imple22 mentation of a charter school; and 

23 ‘‘(B) technical assistance to charter schools 

24 to operate such schools. 
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1 ‘‘(3) DEVELOPER.—The term ‘developer’ means 

2 an individual or group of individuals (including a 

3 public or private nonprofit organization), which may 

4 include teachers, administrators and other school 

5 staff, parents, or other members of the local commu6 nity in which a charter school project will be carried 

7 out. 

8 ‘‘(4) ELIGIBLE APPLICANT.—The term ‘eligible 

9 applicant’ means a developer that has— 

10 ‘‘(A) applied to an authorized public char11 tering authority to operate a charter school; and 

12 ‘‘(B) provided adequate and timely notice to 

13 that authority. 

14 ‘‘(5) AUTHORIZED PUBLIC CHARTERING AGEN15 CY.—The term ‘authorized public chartering agency’ 

16 means a State educational agency, local educational 

17 agency, or other public entity that has the authority 

18 pursuant to State law and approved by the Secretary 

19 to authorize or approve a charter school. 

20 ‘‘(6) EXPANDED, HIGH-QUALITY CHARTER

21 SCHOOL.—The term ‘expanded, high-quality charter 

22 school’ means a high-quality charter school that has 

23 either significantly increased its enrollment or added 

24 one or more grades to its school. 
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1 ‘‘(7) HIGH-QUALITY CHARTER SCHOOL.—The 

2 term ‘high-quality charter school’ means a charter 

3 school that— 

4 ‘‘(A) shows evidence of strong academic re5 sults, which may include strong academic growth 

6 as determined by a State; 

7 ‘‘(B) has no significant issues in the areas 

8 of student safety, operational and financial man9 agement, or statutory or regulatory compliance; 

10 ‘‘(C) has demonstrated success in signifi11 cantly increasing student academic achievement, 

12 including graduation rates where applicable, 

13 consistent with the requirements under title I, for 

14 all students served by the charter school; and 

15 ‘‘(D) has demonstrated success in increasing 

16 student academic achievement, including grad17 uation rates where applicable, for the groups of 

18 students described in section 

19 1111(b)(3)(B)(ii)(II), except that such dem20 onstration is not required in a case in which the 

21 number of students in a group is insufficient to 

22 yield statistically reliable information or the re23 sults would reveal personally identifiable infor24 mation about an individual student. 
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1 ‘‘(8) REPLICATED, HIGH-QUALITY CHARTER

2 SCHOOL MODEL.—The term ‘replicated, high-quality 

3 charter school model’ means a high-quality charter 

4 school that has opened a new campus under an exist5 ing charter or an additional charter if required or 

6 permitted by State law. 

7 ‘‘Subpart 2—Magnet School Assistance 

8 ‘‘SEC. 3121. PURPOSE. 

9 ‘‘The purpose of this subpart is to assist in the desegre10 gation of schools served by local educational agencies by 

11 providing financial assistance to eligible local educational 

12 agencies for— 

13 ‘‘(1) the elimination, reduction, or prevention of 

14 minority group isolation in elementary schools and 

15 secondary schools with substantial proportions of mi16 nority students, which shall include assisting in the 

17 efforts of the United States to achieve voluntary deseg18 regation in public schools; 

19 ‘‘(2) the development and implementation of 

20 magnet school programs that will assist local edu21 cational agencies in achieving systemic reforms and 

22 providing all students the opportunity to meet State 

23 academic standards; 

24 ‘‘(3) the development and design of innovative 

25 educational methods and practices that promote di-
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1 versity and increase choices in public elementary 

2 schools and public secondary schools and public edu3 cational programs; 

4 ‘‘(4) courses of instruction within magnet schools 

5 that will substantially strengthen the knowledge of 

6 academic subjects and the attainment of tangible and 

7 marketable career, technical, and professional skills of 

8 students attending such schools; 

9 ‘‘(5) improving the ability of local educational 

10 agencies, including through professional development, 

11 to continue operating magnet schools at a high per12 formance level after Federal funding for the magnet 

13 schools is terminated; and 

14 ‘‘(6) ensuring that students enrolled in the mag15 net school programs have equitable access to a quality 

16 education that will enable the students to succeed aca17 demically and continue with postsecondary education 

18 or employment. 

19 ‘‘SEC. 3122. DEFINITION. 

20 ‘‘For the purpose of this subpart, the term ‘magnet 

21 school’ means a public elementary school, public secondary 

22 school, public elementary education center, or public sec23 ondary education center that offers a special curriculum ca24 pable of attracting substantial numbers of students of dif25 ferent racial backgrounds. 
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1 ‘‘SEC. 3123. PROGRAM AUTHORIZED. 

2 ‘‘From the amount appropriated under section 

3 3(c)(1)(B), the Secretary, in accordance with this subpart, 

4 is authorized to award grants to eligible local educational 

5 agencies, and consortia of such agencies where appropriate, 

6 to carry out the purpose of this subpart for magnet schools 

7 that are— 

8 ‘‘(1) part of an approved desegregation plan; 

9 and 

10 ‘‘(2) designed to bring students from different so11 cial, economic, ethnic, and racial backgrounds to12 gether. 

13 ‘‘SEC. 3124. ELIGIBILITY. 

14 ‘‘A local educational agency, or consortium of such 

15 agencies where appropriate, is eligible to receive a grant 

16 under this subpart to carry out the purpose of this subpart 

17 if such agency or consortium— 

18 ‘‘(1) is implementing a plan undertaken pursu19 ant to a final order issued by a court of the United 

20 States, or a court of any State, or any other State 

21 agency or official of competent jurisdiction, that re22 quires the desegregation of minority-group-segregated 

23 children or faculty in the elementary schools and sec24 ondary schools of such agency; or 

25 ‘‘(2) without having been required to do so, has 

26 adopted and is implementing, or will, if a grant is 
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1 awarded to such local educational agency, or consor2 tium of such agencies, under this subpart, adopt and 

3 implement a plan that has been approved by the Sec4 retary as adequate under title VI of the Civil Rights 

5 Act of 1964 for the desegregation of minority-group6 segregated children or faculty in such schools. 

7 ‘‘SEC. 3125. APPLICATIONS AND REQUIREMENTS. 

8 ‘‘(a) APPLICATIONS.—An eligible local educational 

9 agency, or consortium of such agencies, desiring to receive 

10 a grant under this subpart shall submit an application to 

11 the Secretary at such time and in such manner as the Sec12 retary may reasonably require. 

13 ‘‘(b) INFORMATION AND ASSURANCES.—Each applica14 tion submitted under subsection (a) shall include— 

15 ‘‘(1) a description of— 

16 ‘‘(A) how a grant awarded under this sub17 part will be used to promote desegregation, in18 cluding how the proposed magnet school pro19 grams will increase interaction among students 

20 of different social, economic, ethnic, and racial 

21 backgrounds; 

22 ‘‘(B) the manner and extent to which the 

23 magnet school program will increase student 

24 academic achievement in the instructional area 

25 or areas offered by the school; 
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1 ‘‘(C) how the applicant will continue the 

2 magnet school program after assistance under 

3 this subpart is no longer available, and, if appli4 cable, an explanation of why magnet schools es5 tablished or supported by the applicant with 

6 grant funds under this subpart cannot be contin7 ued without the use of grant funds under this 

8 subpart; 

9 ‘‘(D) how grant funds under this subpart 

10 will be used— 

11 ‘‘(i) to improve student academic 

12 achievement for all students attending the 

13 magnet school programs; and 

14 ‘‘(ii) to implement services and activi15 ties that are consistent with other programs 

16 under this Act, and other Acts, as appro17 priate; and 

18 ‘‘(E) the criteria to be used in selecting stu19 dents to attend the proposed magnet school pro20 gram; and 

21 ‘‘(2) assurances that the applicant will— 

22 ‘‘(A) use grant funds under this subpart for 

23 the purposes specified in section 3121; 

24 ‘‘(B) employ effective teachers in the courses 

25 of instruction assisted under this subpart; 
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1 ‘‘(C) not engage in discrimination based on 

2 race, religion, color, national origin, sex, or dis3 ability in— 

4 ‘‘(i) the hiring, promotion, or assign5 ment of employees of the applicant or other 

6 personnel for whom the applicant has any 

7 administrative responsibility; 

8 ‘‘(ii) the assignment of students to 

9 schools, or to courses of instruction within 

10 the schools, of such applicant, except to 

11 carry out the approved plan; and 

12 ‘‘(iii) designing or operating extra13 curricular activities for students; 

14 ‘‘(D) carry out a quality education program 

15 that will encourage greater parental decision16 making and involvement; and 

17 ‘‘(E) give students residing in the local at18 tendance area of the proposed magnet school pro19 gram equitable consideration for placement in 

20 the program, consistent with desegregation guide21 lines and the capacity of the applicant to accom22 modate the students. 

23 ‘‘(c) SPECIAL RULE.—No grant shall be awarded 

24 under this subpart unless the Assistant Secretary of Edu-
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1 cation for Civil Rights determines that the assurances de2 scribed in subsection (b)(2)(C) will be met. 

3 ‘‘SEC. 3126. PRIORITY. 

4 ‘‘In awarding grants under this subpart, the Secretary 

5 shall give priority to applicants that— 

6 ‘‘(1) demonstrate the greatest need for assistance, 

7 based on the expense or difficulty of effectively car8 rying out approved desegregation plans and the mag9 net school program for which the grant is sought; 

10 ‘‘(2) propose to carry out new magnet school pro11 grams, or significantly revise existing magnet school 

12 programs; 

13 ‘‘(3) propose to select students to attend magnet 

14 school programs by methods such as lottery, rather 

15 than through academic examination; and 

16 ‘‘(4) propose to serve the entire student popu17 lation of a school. 

18 ‘‘SEC. 3127. USE OF FUNDS. 

19 ‘‘(a) IN GENERAL.—Grant funds made available under 

20 this subpart may be used by an eligible local educational 

21 agency, or consortium of such agencies— 

22 ‘‘(1) for planning and promotional activities di23 rectly related to the development, expansion, continu24 ation, or enhancement of academic programs and 

25 services offered at magnet schools; 
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1 ‘‘(2) for the acquisition of books, materials, and 

2 equipment, including computers and the maintenance 

3 and operation of materials, equipment, and com4 puters, necessary to conduct programs in magnet 

5 schools; 

6 ‘‘(3) for the compensation, or subsidization of the 

7 compensation, of elementary school and secondary 

8 school teachers, and instructional staff where applica9 ble, who are necessary to conduct programs in magnet 

10 schools; 

11 ‘‘(4) with respect to a magnet school program of12 fered to less than the entire student population of a 

13 school, for instructional activities that— 

14 ‘‘(A) are designed to make available the spe15 cial curriculum that is offered by the magnet 

16 school program to students who are enrolled in 

17 the school but who are not enrolled in the magnet 

18 school program; and 

19 ‘‘(B) further the purpose of this subpart; 

20 ‘‘(5) for activities, which may include profes21 sional development, that will build the recipient’s ca22 pacity to operate magnet school programs once the 

23 grant period has ended; 

24 ‘‘(6) to enable the local educational agency, or 

25 consortium of such agencies, to have more flexibility 
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1 in the administration of a magnet school program in 

2 order to serve students attending a school who are not 

3 enrolled in a magnet school program; and 

4 ‘‘(7) to enable the local educational agency, or 

5 consortium of such agencies, to have flexibility in de6 signing magnet schools for students in all grades. 

7 ‘‘(b) SPECIAL RULE.—Grant funds under this subpart 

8 may be used for activities described in paragraphs (2) and 

9 (3) of subsection (a) only if the activities are directly related 

10 to improving student academic achievement based on the 

11 State’s academic standards or directly related to improving 

12 student reading skills or knowledge of mathematics, science, 

13 history, geography, English, foreign languages, art, or 

14 music, or to improving career, technical, and professional 

15 skills. 

16 ‘‘SEC. 3128. LIMITATIONS. 

17 ‘‘(a) DURATION OF AWARDS.—A grant under this sub18 part shall be awarded for a period that shall not exceed 

19 3 fiscal years. 

20 ‘‘(b) LIMITATION ON PLANNING FUNDS.—A local edu21 cational agency, or consortium of such agencies, may ex22 pend for planning (professional development shall not be 

23 considered to be planning for purposes of this subsection) 

24 not more than 50 percent of the grant funds received under 

25 this subpart for the first year of the program and not more 
333 

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1 than 15 percent of such funds for each of the second and 

2 third such years. 

3 ‘‘(c) AMOUNT.—No local educational agency, or con4 sortium of such agencies, awarded a grant under this sub5 part shall receive more than $4,000,000 under this subpart 

6 for any 1 fiscal year. 

7 ‘‘(d) TIMING.—To the extent practicable, the Secretary 

8 shall award grants for any fiscal year under this subpart 

9 not later than July 1 of the applicable fiscal year. 

10 ‘‘SEC. 3129. EVALUATIONS. 

11 ‘‘(a) RESERVATION.—The Secretary may reserve not 

12 more than 2 percent of the funds appropriated under section 

13 3(c)(1)(B) for any fiscal year to carry out evaluations, pro14 vide technical assistance, and carry out dissemination 

15 projects with respect to magnet school programs assisted 

16 under this subpart. 

17 ‘‘(b) CONTENTS.—Each evaluation described in sub18 section (a), at a minimum, shall address— 

19 ‘‘(1) how and the extent to which magnet school 

20 programs lead to educational quality and academic 

21 improvement; 

22 ‘‘(2) the extent to which magnet school programs 

23 enhance student access to a quality education; 

24 ‘‘(3) the extent to which magnet school programs 

25 lead to the elimination, reduction, or prevention of 
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1 minority group isolation in elementary schools and 

2 secondary schools with substantial proportions of mi3 nority students; and 

4 ‘‘(4) the extent to which magnet school programs 

5 differ from other school programs in terms of the or6 ganizational characteristics and resource allocations 

7 of such magnet school programs. 

8 ‘‘(c) DISSEMINATION.—The Secretary shall collect and 

9 disseminate to the general public information on successful 

10 magnet school programs. 

11 ‘‘SEC. 3130. RESERVATION. 

12 ‘‘In any fiscal year for which the amount appropriated 

13 under section 3(c)(1)(B) exceeds $75,000,000, the Secretary 

14 shall give priority in using such amounts in excess of 

15 $75,000,000 to awarding grants to local educational agen16 cies or consortia of such agencies that did not receive a 

17 grant under this subpart in the preceding fiscal year. 

18 ‘‘Subpart 3—Family Engagement in Education 

19 Programs 

20 ‘‘SEC. 3141. PURPOSES. 

21 ‘‘The purposes of this subpart are the following: 

22 ‘‘(1) To provide financial support to organiza23 tions to provide technical assistance and training to 

24 State and local educational agencies in the implemen25 tation and enhancement of systemic and effective fam-
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1 ily engagement policies, programs, and activities that 

2 lead to improvements in student development and 

3 academic achievement. 

4 ‘‘(2) To assist State educational agencies, local 

5 educational agencies, community-based organizations, 

6 schools, and educators in strengthening partnerships 

7 among parents, teachers, school leaders, administra8 tors, and other school personnel in meeting the edu9 cational needs of children and fostering greater paren10 tal engagement. 

11 ‘‘(3) To support State educational agencies, local 

12 educational agencies, schools, educators, and parents 

13 in developing and strengthening the relationship be14 tween parents and their children’s school in order to 

15 further the developmental progress of children. 

16 ‘‘(4) To coordinate activities funded under this 

17 subpart with parent involvement initiatives funded 

18 under section 1118 and other provisions of this Act. 

19 ‘‘(5) To assist the Secretary, State educational 

20 agencies, and local educational agencies in the coordi21 nation and integration of Federal, State, and local 

22 services and programs to engage families in edu23 cation. 
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1 ‘‘SEC. 3142. GRANTS AUTHORIZED. 

2 ‘‘(a) STATEWIDE FAMILY ENGAGEMENT CENTERS.— 

3 From the amount appropriated under section 3(c)(1)(C), 

4 the Secretary is authorized to award grants for each fiscal 

5 year to statewide organizations (or consortia of such orga6 nizations), to establish Statewide Family Engagement Cen7 ters that provide comprehensive training and technical as8 sistance to State educational agencies, local educational 

9 agencies, schools identified by State educational agencies 

10 and local educational agencies, organizations that support 

11 family-school partnerships, and other organizations that 

12 carry out, or carry out directly, parent education and fam13 ily engagement in education programs. 

14 ‘‘(b) MINIMUM AWARD.—In awarding grants under 

15 this section, the Secretary shall, to the extent practicable, 

16 ensure that a grant is awarded for a Statewide Family En17 gagement Center in an amount not less than $500,000. 

18 ‘‘SEC. 3143. APPLICATIONS. 

19 ‘‘(a) SUBMISSIONS.—Each statewide organization, or 

20 a consortium of such organizations, that desires a grant 

21 under this subpart shall submit an application to the Sec22 retary at such time, in such manner, and including the in23 formation described in subsection (b). 

24 ‘‘(b) CONTENTS.—Each application submitted under 

25 subsection (a) shall include, at a minimum, the following: 
337 

•S 1177 EAH 

1 ‘‘(1) A description of the applicant’s approach to 

2 family engagement in education. 

3 ‘‘(2) A description of the support that the State4 wide Family Engagement Center that will be oper5 ated by the applicant will have from the State edu6 cational agency and any partner organization out7 lining the commitment to work with the center. 

8 ‘‘(3) A description of the applicant’s plan for 

9 building a statewide infrastructure for family engage10 ment in education, that includes— 

11 ‘‘(A) management and governance; 

12 ‘‘(B) statewide leadership; or 

13 ‘‘(C) systemic services for family engage14 ment in education. 

15 ‘‘(4) A description of the applicant’s dem16 onstrated experience in providing training, informa17 tion, and support to State educational agencies, local 

18 educational agencies, schools, educators, parents, and 

19 organizations on family engagement in education 

20 policies and practices that are effective for parents 

21 (including low-income parents) and families, English 

22 learners, minorities, parents of students with disabil23 ities, parents of homeless students, foster parents and 

24 students, and parents of migratory students, includ-
338 

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1 ing evaluation results, reporting, or other data exhib2 iting such demonstrated experience. 

3 ‘‘(5) A description of the steps the applicant will 

4 take to target services to low-income students and 

5 parents. 

6 ‘‘(6) An assurance that the applicant will— 

7 ‘‘(A) establish a special advisory committee, 

8 the membership of which includes— 

9 ‘‘(i) parents, who shall constitute a 

10 majority of the members of the special advi11 sory committee; 

12 ‘‘(ii) representatives of education pro13 fessionals with expertise in improving serv14 ices for disadvantaged children; 

15 ‘‘(iii) representatives of local elemen16 tary schools and secondary schools, includ17 ing students; 

18 ‘‘(iv) representatives of the business 

19 community; and 

20 ‘‘(v) representatives of State edu21 cational agencies and local educational 

22 agencies; 

23 ‘‘(B) use not less than 65 percent of the 

24 funds received under this subpart in each fiscal 

25 year to serve local educational agencies, schools, 
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1 and community-based organizations that serve 

2 high concentrations of disadvantaged students, 

3 including English learners, minorities, parents 

4 of students with disabilities, parents of homeless 

5 students, foster parents and students, and par6 ents of migratory students; 

7 ‘‘(C) operate a Statewide Family Engage8 ment Center of sufficient size, scope, and quality 

9 to ensure that the Center is adequate to serve the 

10 State educational agency, local educational agen11 cies, and community-based organizations; 

12 ‘‘(D) ensure that the Center will retain staff 

13 with the requisite training and experience to 

14 serve parents in the State; 

15 ‘‘(E) serve urban, suburban, and rural local 

16 educational agencies and schools; 

17 ‘‘(F) work with— 

18 ‘‘(i) other Statewide Family Engage19 ment Centers assisted under this subpart; 

20 and 

21 ‘‘(ii) parent training and information 

22 centers and community parent resource cen23 ters assisted under sections 671 and 672 of 

24 the Individuals with Disabilities Education 

25 Act; 
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•S 1177 EAH 

1 ‘‘(G) use not less than 30 percent of the 

2 funds received under this subpart for each fiscal 

3 year to establish or expand technical assistance 

4 for evidence-based parent education programs; 

5 ‘‘(H) provide assistance to State edu6 cational agencies and local educational agencies 

7 and community-based organizations that support 

8 family members in supporting student academic 

9 achievement; 

10 ‘‘(I) work with State educational agencies, 

11 local educational agencies, schools, educators, 

12 and parents to determine parental needs and the 

13 best means for delivery of services to address 

14 such needs; 

15 ‘‘(J) conduct sufficient outreach to assist 

16 parents, including parents who the applicant 

17 may have a difficult time engaging with a school 

18 or local educational agency; and 

19 ‘‘(K) conduct outreach to low-income stu20 dents and parents, including low-income stu21 dents and parents who are not proficient in 

22 English. 

23 ‘‘(7) An assurance that the applicant will con24 duct training programs in the community to improve 

25 adult literacy, including financial literacy. 
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1 ‘‘SEC. 3144. USES OF FUNDS. 

2 ‘‘(a) IN GENERAL.—Grantees shall use grant funds re3 ceived under this subpart, based on the needs determined 

4 under section 3143(b)(6)(I), to provide training and tech5 nical assistance to State educational agencies, local edu6 cational agencies, and organizations that support family7 school partnerships, and activities, services, and training 

8 for local educational agencies, school leaders, educators, and 

9 parents— 

10 ‘‘(1) to assist parents in participating effectively 

11 in their children’s education and to help their chil12 dren meet State standards, such as assisting par13 ents— 

14 ‘‘(A) to engage in activities that will im15 prove student academic achievement, including 

16 understanding how they can support learning in 

17 the classroom with activities at home and in 

18 afterschool and extracurricular programs; 

19 ‘‘(B) to communicate effectively with their 

20 children, teachers, school leaders, counselors, ad21 ministrators, and other school personnel; 

22 ‘‘(C) to become active participants in the 

23 development, implementation, and review of 

24 school-parent compacts, family engagement in 

25 education policies, and school planning and im26 provement; 
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1 ‘‘(D) to participate in the design and provi2 sion of assistance to students who are not mak3 ing academic progress; 

4 ‘‘(E) to participate in State and local deci5 sionmaking; 

6 ‘‘(F) to train other parents; and 

7 ‘‘(G) to help the parents learn and use tech8 nology (including education about the harms of 

9 copyright piracy), applied in their children’s 

10 education; 

11 ‘‘(2) to develop and implement, in partnership 

12 with the State educational agency, statewide family 

13 engagement in education policy and systemic initia14 tives that will provide for a continuum of services to 

15 remove barriers for family engagement in education 

16 and support school reform efforts; and 

17 ‘‘(3) to develop and implement parental involve18 ment policies under this Act. 

19 ‘‘(b) MATCHING FUNDS FOR GRANT RENEWAL.—For 

20 each fiscal year after the first fiscal year for which an orga21 nization or consortium receives assistance under this sec22 tion, the organization or consortium shall demonstrate in 

23 the application that a portion of the services provided by 

24 the organization or consortium is supported through non25 Federal contributions, which may be in cash or in-kind. 
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•S 1177 EAH 

1 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall re2 serve not more than 2 percent of the funds appropriated 

3 under section 3(c)(1)(C) to carry out this subpart to provide 

4 technical assistance, by competitive grant or contract, for 

5 the establishment, development, and coordination of State6 wide Family Engagement Centers. 

7 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec8 tion shall be construed to prohibit a Statewide Family En9 gagement Center from— 

10 ‘‘(1) having its employees or agents meet with a 

11 parent at a site that is not on school grounds; or 

12 ‘‘(2) working with another agency that serves 

13 children. 

14 ‘‘(e) PARENTAL RIGHTS.—Notwithstanding any other 

15 provision of this section— 

16 ‘‘(1) no person (including a parent who educates 

17 a child at home, a public school parent, or a private 

18 school parent) shall be required to participate in any 

19 program of parent education or developmental screen20 ing under this section; and 

21 ‘‘(2) no program or center assisted under this 

22 section shall take any action that infringes in any 

23 manner on the right of a parent to direct the edu24 cation of their children. 
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1 ‘‘SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS. 

2 ‘‘The Secretary of the Interior, in consultation with 

3 the Secretary of Education, shall establish, or enter into 

4 contracts and cooperative agreements with local Indian 

5 nonprofit parent organizations to establish and operate 

6 Family Engagement Centers. 

7 ‘‘PART B—LOCAL ACADEMIC FLEXIBLE GRANT 

8 ‘‘SEC. 3201. PURPOSE. 

9 ‘‘The purpose of this part is to— 

10 ‘‘(1) provide local educational agencies with the 

11 opportunity to access funds to support the initiatives 

12 important to their schools and students to improve 

13 academic achievement and student engagement, in14 cluding protecting student safety; and 

15 ‘‘(2) provide nonprofit and for-profit entities the 

16 opportunity to work with students to improve aca17 demic achievement and student engagement, including 

18 student safety. 

19 ‘‘SEC. 3202. ALLOTMENTS TO STATES. 

20 ‘‘(a) RESERVATIONS.—From the funds appropriated 

21 under section 3(c)(2) for any fiscal year, the Secretary shall 

22 reserve— 

23 ‘‘(1) not more than one-half of 1 percent for na24 tional activities to provide technical assistance to eli25 gible entities in carrying out programs under this 

26 part; and 
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1 ‘‘(2) not more than one-half of 1 percent for pay2 ments to the outlying areas and the Bureau of Indian 

3 Education, to be allotted in accordance with their re4 spective needs for assistance under this part, as deter5 mined by the Secretary, to enable the outlying areas 

6 and the Bureau to carry out the purpose of this part. 

7 ‘‘(b) STATE ALLOTMENTS.— 

8 ‘‘(1) DETERMINATION.—From the funds appro9 priated under section 3(c)(2) for any fiscal year and 

10 remaining after the Secretary makes reservations 

11 under subsection (a), the Secretary shall allot to each 

12 State for the fiscal year an amount that bears the 

13 same relationship to the remainder as the amount the 

14 State received under chapter B of subpart 1 of part 

15 A of title I for the preceding fiscal year bears to the 

16 amount all States received under that chapter for the 

17 preceding fiscal year, except that no State shall re18 ceive less than an amount equal to one-half of 1 per19 cent of the total amount made available to all States 

20 under this subsection. 

21 ‘‘(2) REALLOTMENT OF UNUSED FUNDS.—If a 

22 State does not receive an allotment under this part 

23 for a fiscal year, the Secretary shall reallot the 

24 amount of the State’s allotment to the remaining 

25 States in accordance with this section. 
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1 ‘‘(c) STATE USE OF FUNDS.— 

2 ‘‘(1) IN GENERAL.—Each State that receives an 

3 allotment under this part shall reserve not less than 

4 75 percent of the amount allotted to the State under 

5 subsection (b) for each fiscal year for awards to eligi6 ble entities under section 3204. 

7 ‘‘(2) AWARDS TO NONGOVERNMENTAL ENTITIES

8 TO IMPROVE STUDENT ACADEMIC ACHIEVEMENT.— 

9 Each State that receives an allotment under sub10 section (b) for each fiscal year shall reserve not less 

11 than 8 percent of the amount allotted to the State for 

12 awards to nongovernmental entities under section 

13 3205. 

14 ‘‘(3) STATE ACTIVITIES AND STATE ADMINISTRA15 TION.—A State educational agency may reserve not 

16 more than 17 percent of the amount allotted to the 

17 State under subsection (b) for each fiscal year for the 

18 following: 

19 ‘‘(A) Not more than 5 percent of such 

20 amount for each fiscal year for— 

21 ‘‘(i) the administrative costs of car22 rying out its responsibilities under this 

23 part; 
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1 ‘‘(ii) monitoring and evaluation of 

2 programs and activities assisted under this 

3 part; 

4 ‘‘(iii) providing training and technical 

5 assistance under this part; 

6 ‘‘(iv) statewide academic focused pro7 grams; or 

8 ‘‘(v) sharing evidence-based and other 

9 effective strategies with eligible entities. 

10 ‘‘(B) To do one or more of the following: 

11 ‘‘(i) To pay the costs of developing the 

12 State assessments and standards required 

13 under section 1111(b), which may include 

14 the costs of working, at the sole discretion of 

15 the State, in voluntary partnerships with 

16 other States to develop such assessments and 

17 standards. 

18 ‘‘(ii) If the State has developed the as19 sessments and standards required under sec20 tion 1111(b), to administer those assess21 ments or carry out other activities related 

22 to ensuring that the State’s schools and 

23 local educational agencies are helping stu24 dents meet the State’s academic standards 

25 under such section. 
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1 ‘‘(iii) To conduct an audit of State as2 sessments and report, in a publicly avail3 able format, the findings of such audit, 

4 which may include assessment purposes, 

5 costs, schedule of administration and dis6 semination of results, description of align7 ment with the State’s academic standards, 

8 and description of policies for inclusion of 

9 all students. 

10 ‘‘(iv) To develop and implement a plan 

11 to improve the State assessment system, 

12 which may include efforts, if appropriate as 

13 determined by the State— 

14 ‘‘(I) to reduce the number of as15 sessments administered; 

16 ‘‘(II) to provide professional devel17 opment on assessment and data lit18 eracy; 

19 ‘‘(III) to ensure the quality, valid20 ity, and reliability of assessments; or 

21 ‘‘(IV) to improve the use of assess22 ments by decreasing the time between 

23 administering assessments and releas24 ing assessment data. 
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1 ‘‘(C) Not more than 5 percent of such 

2 amount for each fiscal year for awarding blended 

3 learning projects under paragraph (4). 

4 ‘‘(D) Awarding grants for the creation and 

5 distribution of open access textbooks and open 

6 educational resources. 

7 ‘‘(4) BLENDED LEARNING PROJECTS.— 

8 ‘‘(A) IN GENERAL.—From the amount of 

9 funds a State educational agency reserves under 

10 subsection (c)(3) for each fiscal year to carry out 

11 this paragraph, the State educational agency 

12 shall award grants on a competitive basis to eli13 gible entities in the State to carry out blended 

14 learning projects described in this paragraph. 

15 ‘‘(B) GEOGRAPHIC DIVERSITY.— In award16 ing grants under this paragraph, a State edu17 cational agency shall distribute funds equitably 

18 among geographic areas of the State, including 

19 rural and urban communities. 

20 ‘‘(C) APPLICATION.—An eligible entity de21 siring to receive a grant under this paragraph 

22 shall submit an application to the State edu23 cational agency at such time and in such man24 ner as the agency may require, and which de25 scribes— 
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1 ‘‘(i) the blended learning project to be 

2 carried out by the eligible entity, including 

3 the design of the instructional model to be 

4 carried out by the eligible entity and how 

5 such eligible entity will use funds provided 

6 under this paragraph to carry out the 

7 project; 

8 ‘‘(ii) in the case of an eligible entity 

9 described in subclause (I), (II), or (IV) of 

10 subparagraph (F)(ii), the schools that will 

11 participate in the project; 

12 ‘‘(iii) the expected impact on student 

13 academic achievement; 

14 ‘‘(iv) how the eligible entity will ensure 

15 sufficient information technology is avail16 able to carry out the project; 

17 ‘‘(v) how the eligible entity will ensure 

18 sufficient digital instructional resources are 

19 available to students participating in the 

20 project; 

21 ‘‘(vi) the ongoing professional develop22 ment to be provided for teachers, school 

23 leaders, and other personnel carrying out 

24 the project; 
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1 ‘‘(vii) the State policies and procedures 

2 for which the eligible entity requests waivers 

3 from the State to carry out the project, 

4 which may include requests for the waivers 

5 described in section 3203(a)(11)(B); 

6 ‘‘(viii) as appropriate, how the eligible 

7 entity will use the blended learning project 

8 to improve instruction and access to the 

9 curriculum for diverse groups of students, 

10 including students with disabilities and stu11 dents who are limited English proficient; 

12 ‘‘(ix) how the eligible entity will evalu13 ate the project in terms of student academic 

14 achievement and publicly report the results 

15 of such evaluation; and 

16 ‘‘(x) how the eligible entity will sustain 

17 the project beyond the grant period. 

18 ‘‘(D) USES OF FUNDS.—An eligible entity 

19 receiving a grant under this paragraph shall use 

20 such grant to carry out a blended learning 

21 project, which shall include at least 1 of the fol22 lowing activities: 

23 ‘‘(i) Planning activities, which may 

24 include development of new instructional 

25 models (including blended learning tech-
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1 nology software and platforms), the pur2 chase of digital instructional resources, ini3 tial professional development activities, and 

4 one-time information technology purchases, 

5 except that such expenditures may not in6 clude expenditures related to significant 

7 construction or renovation of facilities. 

8 ‘‘(ii) Ongoing professional development 

9 for teachers, school leaders, or other per10 sonnel involved in the project that is de11 signed to support the implementation and 

12 academic success of the project. 

13 ‘‘(E) NON-FEDERAL MATCH.—A State edu14 cational agency that carries out a grant program 

15 under this paragraph shall provide non-Federal 

16 matching funds equal to not less than 10 percent 

17 of the grant funds awarded by the State edu18 cational agency to eligible entities under this 

19 paragraph. 

20 ‘‘(F) DEFINITIONS.—In this paragraph: 

21 ‘‘(i) BLENDED LEARNING PROJECT.— 

22 The term ‘blended learning project’ means a 

23 formal education program— 

24 ‘‘(I) that includes an element of 

25 online learning, and instructional time 
353 

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1 in a supervised location away from 

2 home; 

3 ‘‘(II) that includes an element of 

4 student control over time, path, or 

5 pace; and 

6 ‘‘(III) in which the elements are 

7 connected to provide an integrated 

8 learning experience. 

9 ‘‘(ii) ELIGIBLE ENTITY.—The term ‘eli10 gible entity’ means a— 

11 ‘‘(I) local educational agency; 

12 ‘‘(II) educational service agency; 

13 ‘‘(III) charter school; or 

14 ‘‘(IV) consortium of the entities 

15 described in subclause (I), (II), or 

16 (III), which may be in partnership 

17 with a for-profit or nonprofit entity. 

18 ‘‘SEC. 3203. STATE APPLICATION. 

19 ‘‘(a) IN GENERAL.—In order to receive an allotment 

20 under section 3202 for any fiscal year, a State educational 

21 agency shall submit to the Secretary, at such time as the 

22 Secretary may require, an application that— 

23 ‘‘(1) describes how the State educational agency 

24 will use funds reserved for State-level activities, in-
354 

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1 cluding how, if any, of the funds will be used to sup2 port student safety; 

3 ‘‘(2) describes the procedures and criteria the 

4 State educational agency will use for reviewing appli5 cations and awarding funds to eligible entities on a 

6 competitive basis, which shall include reviewing how 

7 the proposed project will help increase student aca8 demic achievement and student engagement; 

9 ‘‘(3) describes how the State educational agency 

10 will ensure that awards made under this part are— 

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

12 high-quality, effective programs that are con13 sistent with the purpose of this part; and 

14 ‘‘(B) in amounts that are consistent with 

15 section 3204(f); 

16 ‘‘(4) describes the steps the State educational 

17 agency will take to ensure that programs implement 

18 effective strategies, including providing ongoing tech19 nical assistance and training, and dissemination of 

20 evidence-based and other effective strategies; 

21 ‘‘(5) describes how the State educational agency 

22 will consider students across all grades when making 

23 these awards; 

24 ‘‘(6) an assurance that, other than providing 

25 technical and advisory assistance and monitoring 
355 

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1 compliance with this part, the State educational 

2 agency has not exercised and will not exercise any in3 fluence in the decisionmaking process of eligible enti4 ties as to the expenditure of funds received by the eli5 gible entities under this part; 

6 ‘‘(7) describes how programs under this part will 

7 be coordinated with programs under this Act, and 

8 other programs as appropriate; 

9 ‘‘(8) contains an assurance that the State edu10 cational agency— 

11 ‘‘(A) will make awards for programs for a 

12 period of not more than 5 years; and 

13 ‘‘(B) will require each eligible entity seeking 

14 such an award to submit a plan describing how 

15 the project to be funded through the award will 

16 continue after funding under this part ends, if 

17 applicable; 

18 ‘‘(9) contains an assurance that funds appro19 priated to carry out this part will be used to supple20 ment, and not supplant, State and local public funds 

21 expended to provide programs and activities author22 ized under this part and other similar programs; 

23 ‘‘(10) an assurance that the State will support 

24 projects from each of the categories listed in section 
356 

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1 3204(b)(1)(D) in awarding subgrants to local edu2 cational agencies; and 

3 ‘‘(11) in the case of a State that will carry out 

4 a program to award grants under section 3202(c)(4), 

5 a description of the program, which shall include— 

6 ‘‘(A) the criteria the State will use to award 

7 grants under such section to eligible entities to 

8 carry out blended learning projects; 

9 ‘‘(B) the State policies and procedures to be 

10 waived by the State, consistent with Federal law, 

11 for such eligible entities to carry out such 

12 projects, which may include waivers with respect 

13 to— 

14 ‘‘(i) restrictions on class sizes; 

15 ‘‘(ii) restrictions on licensing or 

16 credentialing of personnel supervising stu17 dent work in such projects; 

18 ‘‘(iii) restrictions on the use of State 

19 funding for instructional materials for the 

20 purchase of digital instructional resources; 

21 ‘‘(iv) restrictions on advancing stu22 dents based on demonstrated mastery of 

23 learning outcomes, rather than seat-time re24 quirements; and 
357 

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1 ‘‘(v) restrictions on secondary school 

2 students in the State enrolling in online 

3 coursework; 

4 ‘‘(C) how the State will inform eligible enti5 ties of the availability of the waivers described in 

6 subparagraph (B); and 

7 ‘‘(D) how the State will provide the non8 Federal match required under section 

9 3202(c)(4)(E). 

10 ‘‘(b) DEEMED APPROVAL.—An application submitted 

11 by a State educational agency pursuant to subsection (a) 

12 shall be deemed to be approved by the Secretary unless the 

13 Secretary makes a written determination, prior to the expi14 ration of the 120-day period beginning on the date on which 

15 the Secretary received the application, that the application 

16 is not in compliance with this part. 

17 ‘‘(c) DISAPPROVAL.—The Secretary shall not finally 

18 disapprove the application, except after giving the State 

19 educational agency notice and an opportunity for a hear20 ing. 

21 ‘‘(d) NOTIFICATION.—If the Secretary finds that the 

22 application is not in compliance, in whole or in part, with 

23 this part, the Secretary shall— 

24 ‘‘(1) give the State educational agency notice 

25 and an opportunity for a hearing; and 
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1 ‘‘(2) notify the State educational agency of the 

2 finding of noncompliance, and, in such notification, 

3 shall— 

4 ‘‘(A) cite the specific provisions in the ap5 plication that are not in compliance; and 

6 ‘‘(B) request additional information, only 

7 as to the noncompliant provisions, needed to 

8 make the application compliant. 

9 ‘‘(e) RESPONSE.—If the State educational agency re10 sponds to the Secretary’s notification described in sub11 section (d)(2) during the 45-day period beginning on the 

12 date on which the agency received the notification, and re13 submits the application with the requested information de14 scribed in subsection (d)(2)(B), the Secretary shall approve 

15 or disapprove such application prior to the later of— 

16 ‘‘(1) the expiration of the 45-day period begin17 ning on the date on which the application is resub18 mitted; or 

19 ‘‘(2) the expiration of the 120-day period de20 scribed in subsection (b). 

21 ‘‘(f) FAILURE TO RESPOND.—If the State educational 

22 agency does not respond to the Secretary’s notification de23 scribed in subsection (d)(2) during the 45-day period begin24 ning on the date on which the agency received the notifica25 tion, such application shall be deemed to be disapproved. 
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1 ‘‘(g) RULE OF CONSTRUCTION.—An application sub2 mitted by a State educational agency pursuant to sub3 section (a) shall not be approved or disapproved based upon 

4 the activities for which the agency may make funds avail5 able to eligible entities under section 3204 if the agency’s 

6 use of funds is consistent with section 3204(b). 

7 ‘‘SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM. 

8 ‘‘(a) IN GENERAL.—A State that receives funds under 

9 this part for a fiscal year shall provide the amount made 

10 available under section 3202(c)(1) to eligible entities in ac11 cordance with this section. 

12 ‘‘(b) USE OF FUNDS.— 

13 ‘‘(1) IN GENERAL.—An eligible entity that re14 ceives an award under this part shall use the funds 

15 for activities that— 

16 ‘‘(A) are evidence-based; 

17 ‘‘(B) will improve student academic 

18 achievement and student engagement; 

19 ‘‘(C) are allowable under State law; and 

20 ‘‘(D) focus on one or more projects from the 

21 following three categories: 

22 ‘‘(i) Supplemental student support ac23 tivities such as before, after, or summer 

24 school activities, tutoring, and expanded 
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1 learning time, but not including athletics or 

2 in-school learning activities. 

3 ‘‘(ii) Activities designed to support stu4 dents, such as academic subject specific pro5 grams including computer science and other 

6 science, technology (including education 

7 about the harms of copyright piracy), engi8 neering, and mathematics programs, arts 

9 education, civic education, and adjunct 

10 teacher, extended-learning-time, and dual 

11 enrollment programs, and parent engage12 ment, but not including activities to— 

13 ‘‘(I) support smaller class sizes or 

14 construction; or 

15 ‘‘(II) provide compensation or 

16 benefits to teachers, school leaders, 

17 other school officials, or local edu18 cational agency staff. 

19 ‘‘(iii) Accountability-based programs 

20 and activities that are designed to enhance 

21 school safety, which may include research22 based bullying prevention, cyberbullying 

23 prevention, disruption of recruitment activ24 ity by groups or individuals involved in 

25 violent extremism, and gang prevention 
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1 programs, as well as intervention programs 

2 regarding bullying. 

3 ‘‘(2) STREAMLINING ASSESSMENT SYSTEMS.—An 

4 eligible entity that receives an award under this part 

5 may use such funds— 

6 ‘‘(A) to conduct an audit of the local assess7 ments administered by the local educational 

8 agency and report, in a publicly available for9 mat, the findings of such audit, which may in10 clude such findings as described under section 

11 3202(c)(3)(B)(iii); and 

12 ‘‘(B) to develop and implement a plan, in 

13 collaboration with local stakeholders, which may 

14 include efforts, if appropriate as determined by 

15 the eligible entity, as described under section 

16 3202(c)(3)(B)(iv). 

17 ‘‘(3) PARTICIPATION OF CHILDREN ENROLLED IN

18 PRIVATE SCHOOLS.—An eligible entity that receives 

19 an award under this part shall ensure compliance 

20 with section 6501 (relating to participation of chil21 dren enrolled in private schools). 

22 ‘‘(c) APPLICATION.— 

23 ‘‘(1) IN GENERAL.—To be eligible to receive an 

24 award under this part, an eligible entity shall submit 

25 an application to the State educational agency at 
362 

•S 1177 EAH 

1 such time, in such manner, and including such infor2 mation as the State educational agency may reason3 ably require, including the contents required by para4 graph (2). 

5 ‘‘(2) CONTENTS.—Each application submitted 

6 under paragraph (1) shall include— 

7 ‘‘(A) a description of the activities to be 

8 funded and how they are consistent with sub9 section (b), including any activities that will in10 crease student safety; 

11 ‘‘(B) an assurance that funds under this 

12 part will be used to increase the level of State, 

13 local, and other non-Federal funds that would, 

14 in the absence of funds under this part, be made 

15 available for programs and activities authorized 

16 under this part, and in no case supplant State, 

17 local, or non-Federal funds; 

18 ‘‘(C) an assurance that the community will 

19 be given notice of an intent to submit an appli20 cation with an opportunity for comment, and 

21 that the application will be available for public 

22 review after submission of the application; and 

23 ‘‘(D) an assurance that students who benefit 

24 from any activity funded under this part shall 
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1 continue to maintain enrollment in a public ele2 mentary or secondary school. 

3 ‘‘(d) REVIEW.—In reviewing local applications under 

4 this section, a State educational agency shall use a peer 

5 review process or other methods of assuring the quality of 

6 such applications but the review shall be limited to the like7 lihood that the project will increase student academic 

8 achievement and student engagement. 

9 ‘‘(e) GEOGRAPHIC DIVERSITY.—A State educational 

10 agency shall distribute funds under this part equitably 

11 among geographic areas within the State, including rural, 

12 suburban, and urban communities. 

13 ‘‘(f) AWARD.—A grant shall be awarded to all eligible 

14 entities that submit an application that meets the require15 ments of this section in an amount that is not less than 

16 $10,000, but there shall be only one annual award granted 

17 to any one local educational agency, but such award may 

18 be for multiple projects or programs with the local edu19 cational agency. 

20 ‘‘(g) DURATION OF AWARDS.—Grants under this part 

21 may be awarded for a period of not more than 5 years. 

22 ‘‘(h) ELIGIBLE ENTITY DEFINED.—In this section, the 

23 term ‘eligible entity’ means— 

24 ‘‘(1) a local educational agency in partnership 

25 with a community-based organization, institution of 
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1 higher education, business entity, or nongovernmental 

2 entity; 

3 ‘‘(2) a consortium of local educational agencies 

4 working in partnership with a community-based or5 ganization, institution of higher education, business 

6 entity, or nongovernmental entity; 

7 ‘‘(3) a community-based organization or institu8 tion of higher education in partnership with a local 

9 educational agency and, if applicable, a business enti10 ty or nongovernmental entity; or 

11 ‘‘(4) a business entity in partnership with a 

12 local educational agency and, if applicable, a commu13 nity-based organization, institution of higher edu14 cation, or nongovernmental entity. 

15 ‘‘SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO 

16 IMPROVE ACADEMIC ACHIEVEMENT. 

17 ‘‘(a) IN GENERAL.—From the amount reserved under 

18 section 3202(c)(2), a State educational agency shall award 

19 grants to nongovernmental entities, including public or pri20 vate organizations, community-based or faith-based organi21 zations, institutions of higher education, and business enti22 ties for a program or project to increase the academic 

23 achievement and student engagement of public school stu24 dents attending public elementary or secondary schools (or 

25 both) in compliance with the requirements in this section. 
365 

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1 Subject to the availability of funds, the State educational 

2 agency shall award a grant to each eligible applicant that 

3 meets the requirements in a sufficient size and scope to sup4 port the program. 

5 ‘‘(b) APPLICATION.—The State educational agency 

6 shall require an application that includes the following in7 formation: 

8 ‘‘(1) A description of the program or project the 

9 applicant will use the funds to support. 

10 ‘‘(2) A description of how the applicant is using 

11 or will use other State, local, or private funding to 

12 support the program or project. 

13 ‘‘(3) A description of how the program or project 

14 will help increase student academic achievement and 

15 student engagement, including the evidence to support 

16 this claim. 

17 ‘‘(4) A description of the student population the 

18 program or project is targeting to impact, and if the 

19 program will prioritize students in high-need local 

20 educational agencies. 

21 ‘‘(5) A description of how the applicant will con22 duct sufficient outreach to ensure students can par23 ticipate in the program or project. 

24 ‘‘(6) A description of any partnerships the appli25 cant has entered into with local educational agencies 
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1 or other entities the applicant will work with, if ap2 plicable. 

3 ‘‘(7) A description of how the applicant will 

4 work to share evidence-based and other effective strat5 egies from the program or project with local edu6 cational agencies and other entities working with stu7 dents to increase academic achievement. 

8 ‘‘(8) An assurance that students who benefit from 

9 any program or project funded under this section 

10 shall continue to maintain enrollment in a public ele11 mentary or secondary school. 

12 ‘‘(c) MATCHING CONTRIBUTION.—An eligible appli13 cant receiving a grant under this section shall provide, ei14 ther directly or through private contributions, non-Federal 

15 matching funds equal to not less than 50 percent of the 

16 amount of the grant. 

17 ‘‘(d) REVIEW.—The State educational agency shall re18 view the application to ensure that— 

19 ‘‘(1) the applicant is an eligible applicant; 

20 ‘‘(2) the application clearly describes the re21 quired elements in subsection (b); 

22 ‘‘(3) the entity meets the matching requirement 

23 described in subsection (c); and 

24 ‘‘(4) the program is allowable and complies with 

25 Federal, State, and local laws. 
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1 ‘‘(e) DISTRIBUTION OF FUNDS.—If the application re2 quests exceed the funds available, the State educational 

3 agency shall prioritize projects that support students in 

4 high-need local educational agencies and ensure geographic 

5 diversity, including serving rural, suburban, and urban 

6 areas. 

7 ‘‘(f) ADMINISTRATIVE COSTS.—Not more than 1 per8 cent of a grant awarded under this section may be used 

9 for administrative costs. 

10 ‘‘SEC. 3206. REPORT. 

11 ‘‘Each recipient of a grant under section 3204 or 3205 

12 shall report to the State educational agency on— 

13 ‘‘(1) the success of the program in reaching the 

14 goals of the program; 

15 ‘‘(2) a description of the students served by the 

16 program and how the students’ academic achievement 

17 improved; and 

18 ‘‘(3) the results of any evaluation conducted on 

19 the success of the program.’’. 

20 TITLE IV—IMPACT AID 

21 SEC. 401. PURPOSE. 

22 Section 8001 (20 U.S.C. 7701) is amended by striking 

23 ‘‘challenging State standards’’ and inserting ‘‘State aca24 demic standards’’. 
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1 SEC. 402. PAYMENTS RELATING TO FEDERAL ACQUISITION 

2 OF REAL PROPERTY. 

3 Section 8002 (20 U.S.C. 7702) is amended— 

4 (1) in subsection (a)(1)(C), by amending the 

5 matter preceding clause (i) to read as follows: 

6 ‘‘(C) had an assessed value according to 

7 original records (including facsimiles or other re8 productions of those records) documenting the as9 sessed value of such property (determined as of 

10 the time or times when so acquired) prepared by 

11 the local officials referred to in subsection (b)(3) 

12 or, when such original records are not available 

13 due to unintentional destruction (such as nat14 ural disaster, fire, flooding, pest infestation, or 

15 deterioration due to age), other records, includ16 ing Federal agency records, local historical 

17 records, or other records that the Secretary deter18 mines to be appropriate and reliable, aggre19 gating 10 percent or more of the assessed value 

20 of—’’; 

21 (2) in subsection (b)(1)(B), by striking ‘‘section 

22 8014(a)’’ and inserting ‘‘section 3(d)(1)’’; 

23 (3) by amending subsection (f) to read as follows: 

24 ‘‘(f) SPECIAL RULE.—Beginning with fiscal year 

25 2014, a local educational agency shall be deemed to meet 

26 the requirements of subsection (a)(1)(C) if records to deter-
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1 mine eligibility under such subsection were destroyed prior 

2 to fiscal year 2000 and the agency received funds under 

3 subsection (b) in the previous year.’’; 

4 (4) by amending subsection (g) to read as fol5 lows: 

6 ‘‘(g) FORMER DISTRICTS.— 

7 ‘‘(1) CONSOLIDATIONS.—For fiscal year 2006 

8 and each succeeding fiscal year, if a local educational 

9 agency described in subsection (b) is formed at any 

10 time after 1938 by the consolidation of 2 or more 

11 former school districts, the local educational agency 

12 may elect to have the Secretary determine its eligi13 bility for any fiscal year on the basis of 1 or more 

14 of those former districts, as designated by the local 

15 educational agency. 

16 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN17 CIES.—A local educational agency referred to in sub18 section (a) is— 

19 ‘‘(A) any local educational agency that, for 

20 fiscal year 1994 or any preceding fiscal year, 

21 applied, and was determined to be eligible under, 

22 section 2(c) of the Act of September 30, 1950 

23 (Public Law 874, 81st Congress) as that section 

24 was in effect for that fiscal year; or 
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1 ‘‘(B) a local educational agency formed by 

2 the consolidation of 2 or more districts, at least 

3 1 of which was eligible for assistance under this 

4 section for the fiscal year preceding the year of 

5 the consolidation, if— 

6 ‘‘(i) for fiscal years 2006 through 2015 

7 the local educational agency notified the 

8 Secretary not later than 30 days after the 

9 date of the enactment of this Act; and 

10 ‘‘(ii) for fiscal year 2016 the local edu11 cational agency includes the designation in 

12 its application under section 8005 or any 

13 timely amendment to such application. 

14 ‘‘(3) AMOUNT.—A local educational agency eligi15 ble under subsection (b) shall receive a foundation 

16 payment as provided for under subparagraphs (A) 

17 and (B) of subsection (h)(1), except that the founda18 tion payment shall be calculated based on the most re19 cent payment received by the local educational based 

20 on its former common status.’’; 

21 (5) in subsection (h)— 

22 (A) in paragraph (2)— 

23 (i) in subparagraph (C)(ii), by strik24 ing ‘‘section 8014(a)’’ and inserting ‘‘sec25 tion 3(d)(1)’’; and 
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1 (ii) in subparagraph (D), by striking 

2 ‘‘section 8014(a)’’ and inserting ‘‘section 

3 3(d)(1)’’; and 

4 (B) in paragraph (4), by striking ‘‘Impact 

5 Aid Improvement Act of 2012’’ and inserting 

6 ‘‘Student Success Act’’; 

7 (6) by repealing subsections (k) and (m); 

8 (7) by redesignating subsection (l) as subsection 

9 (j); 

10 (8) by amending subsection (j) (as so redesig11 nated) by striking ‘‘(h)(4)(B)’’ and inserting ‘‘(h)(2)’’; 

12 and 

13 (9) by redesignating subsection (n) as subsection 

14 (k). 

15 SEC. 403. PAYMENTS FOR ELIGIBLE FEDERALLY CON16 NECTED CHILDREN. 

17 (a) COMPUTATION OF PAYMENT.—Section 8003(a) (20 

18 U.S.C. 7703(a)) is amended— 

19 (1) in the matter preceding subparagraph (A) of 

20 paragraph (1), by inserting after ‘‘schools of such 

21 agency’’ the following: ‘‘(including those children en22 rolled in such agency as a result of the open enroll23 ment policy of the State in which the agency is lo24 cated, but not including children who are enrolled in 

25 a distance education program at such agency and 
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1 who are not residing within the geographic bound2 aries of such agency)’’; and 

3 (2) in paragraph (5)(A), by striking ‘‘1984’’ and 

4 all that follows through ‘‘situated’’ and inserting 

5 ‘‘1984, or under lease of off-base property under sub6 chapter IV of chapter 169 of title 10, United States 

7 Code, to be children described under paragraph (1)(B) 

8 if the property described is within the fenced security 

9 perimeter of the military facility or attached to and 

10 under any type of force protection agreement with the 

11 military installation upon which such housing is sit12 uated’’. 

13 (b) BASIC SUPPORT PAYMENTS FOR HEAVILY IM14 PACTED LOCAL EDUCATIONAL AGENCIES.—Section 8003(b) 

15 (20 U.S.C. 7703(b)) is amended— 

16 (1) by striking ‘‘section 8014(b)’’ each place it 

17 appears and inserting ‘‘section 3(d)(2)’’; 

18 (2) in paragraph (1), by repealing subparagraph 

19 (E); 

20 (3) in paragraph (2)— 

21 (A) in subparagraph (B)— 

22 (i) by striking ‘‘CONTINUING’’ in the 

23 heading; 

24 (ii) by amending clause (i) to read as 

25 follows: 
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1 ‘‘(i) IN GENERAL.—A heavily impacted 

2 local educational agency is eligible to re3 ceive a basic support payment under sub4 paragraph (A) with respect to a number of 

5 children determined under subsection (a)(1) 

6 if the agency— 

7 ‘‘(I) is a local educational agen8 cy— 

9 ‘‘(aa) whose boundaries are 

10 the same as a Federal military 

11 installation or an island property 

12 designated by the Secretary of the 

13 Interior to be property that is 

14 held in trust by the Federal Gov15 ernment; and 

16 ‘‘(bb) that has no taxing au17 thority; 

18 ‘‘(II) is a local educational agency 

19 that— 

20 ‘‘(aa) has an enrollment of 

21 children described in subsection 

22 (a)(1) that constitutes a percent23 age of the total student enrollment 

24 of the agency that is not less than 

25 45 percent; 
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1 ‘‘(bb) has a per-pupil ex2 penditure that is less than— 

3 ‘‘(AA) for an agency 

4 that has a total student en5 rollment of 500 or more stu6 dents, 125 percent of the av7 erage per-pupil expenditure 

8 of the State in which the 

9 agency is located; or 

10 ‘‘(BB) for any agency 

11 that has a total student en12 rollment less than 500, 150 

13 percent of the average per14 pupil expenditure of the 

15 State in which the agency is 

16 located or the average per17 pupil expenditure of 3 or 

18 more comparable local edu19 cational agencies in the State 

20 in which the agency is lo21 cated; and 

22 ‘‘(cc) is an agency that has a 

23 tax rate for general fund purposes 

24 that is not less than 95 percent of 

25 the average tax rate for general 
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1 fund purposes of comparable local 

2 educational agencies in the State; 

3 ‘‘(III) is a local educational agen4 cy that— 

5 ‘‘(aa) has an enrollment of 

6 children described in subsection 

7 (a)(1) that constitutes a percent8 age of the total student enrollment 

9 of the agency that is not less than 

10 20 percent; 

11 ‘‘(bb) for the 3 fiscal years 

12 preceding the fiscal year for which 

13 the determination is made, the av14 erage enrollment of children who 

15 are not described in subsection 

16 (a)(1) and who are eligible for a 

17 free or reduced price lunch under 

18 the Richard B. Russell National 

19 School Lunch Act constitutes a 

20 percentage of the total student en21 rollment of the agency that is not 

22 less than 65 percent; and 

23 ‘‘(cc) has a tax rate for gen24 eral fund purposes which is not 

25 less than 125 percent of the aver-
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1 age tax rate for general fund pur2 poses for comparable local edu3 cational agencies in the State; 

4 ‘‘(IV) is a local educational agen5 cy that has a total student enrollment 

6 of not less than 25,000 students, of 

7 which— 

8 ‘‘(aa) not less than 50 per9 cent are children described in sub10 section (a)(1); and 

11 ‘‘(bb) not less than 5,500 of 

12 such children are children de13 scribed in subparagraphs (A) and 

14 (B) of subsection (a)(1); or 

15 ‘‘(V) is a local educational agency 

16 that— 

17 ‘‘(aa) has an enrollment of 

18 children described in subsection 

19 (a)(1) including, for purposes of 

20 determining eligibility, those chil21 dren described in subparagraphs 

22 (F) and (G) of such subsection, 

23 that is not less than 35 percent of 

24 the total student enrollment of the 

25 agency; and 
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1 ‘‘(bb) was eligible to receive 

2 assistance under subparagraph 

3 (A) for fiscal year 2001.’’; and 

4 (iii) in clause (ii)— 

5 (I) by striking ‘‘A heavily’’ and 

6 inserting the following: 

7 ‘‘(I) IN GENERAL.—Subject to 

8 subclause (II), a heavily’’; and 

9 (II) by adding at the end the fol10 lowing: 

11 ‘‘(II) LOSS OF ELIGIBILITY DUE

12 TO FALLING BELOW 95 PERCENT OF

13 THE AVERAGE TAX RATE FOR GENERAL

14 FUND PURPOSES.—In a case of a heav15 ily impacted local educational agency 

16 that is eligible to receive a basic sup17 port payment under subparagraph (A), 

18 but that has had, for 2 consecutive fis19 cal years, a tax rate for general fund 

20 purposes that falls below 95 percent of 

21 the average tax rate for general fund 

22 purposes of comparable local edu23 cational agencies in the State, such 

24 agency shall be determined to be ineli25 gible under clause (i) and ineligible to 
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1 receive a basic support payment under 

2 subparagraph (A) for each fiscal year 

3 succeeding such 2 consecutive fiscal 

4 years for which the agency has such a 

5 tax rate for general fund purposes, and 

6 until the fiscal year for which the 

7 agency resumes such eligibility in ac8 cordance with clause (iii).’’; 

9 (B) by striking subparagraph (C); 

10 (C) by redesignating subparagraphs (D) 

11 through (H) as subparagraphs (C) through (G), 

12 respectively; 

13 (D) in subparagraph (C) (as so redesig14 nated)— 

15 (i) in the heading, by striking ‘‘REG16 ULAR’’; 

17 (ii) by striking ‘‘Except as provided in 

18 subparagraph (E)’’ and inserting ‘‘Except 

19 as provided in subparagraph (D)’’; 

20 (iii) by amending subclause (I) of 

21 clause (ii) to read as follows: ‘‘ (I)(aa) For 

22 a local educational agency with respect to 

23 which 35 percent or more of the total stu24 dent enrollment of the schools of the agency 

25 are children described in subparagraph (D) 
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1 or (E) (or a combination thereof) of sub2 section (a)(1), and that has an enrollment 

3 of children described in subparagraph (A), 

4 (B), or (C) of such subsection equal to at 

5 least 10 percent of the agency’s total enroll6 ment, the Secretary shall calculate the 

7 weighted student units of those children de8 scribed in subparagraph (D) or (E) of such 

9 subsection by multiplying the number of 

10 such children by a factor of 0.55. 

11 ‘‘(bb) Notwithstanding subitem (aa), a 

12 local educational agency that received a 

13 payment under this paragraph for fiscal 

14 year 2013 shall not be required to have an 

15 enrollment of children described in subpara16 graph (A), (B), or (C) of subsection (a)(1) 

17 equal to at least 10 percent of the agency’s 

18 total enrollment.’’; and 

19 (iv) by amending subclause (III) of 

20 clause (ii) by striking ‘‘(B)(i)(II)(aa)’’ and 

21 inserting ‘‘subparagraph (B)(i)(I)’’; 

22 (E) in subparagraph (D)(i)(II) (as so redes23 ignated), by striking ‘‘6,000’’ and inserting 

24 ‘‘5,500’’; 
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1 (F) in subparagraph (E) (as so redesig2 nated)— 

3 (i) by striking ‘‘Secretary’’ and all 

4 that follows through ‘‘shall use’’ and insert5 ing ‘‘Secretary shall use’’; 

6 (ii) by striking ‘‘; and’’ and inserting 

7 a period; and 

8 (iii) by striking clause (ii); 

9 (G) in subparagraph (F) (as so redesig10 nated), by striking ‘‘subparagraph 

11 (C)(i)(II)(bb)’’ and inserting ‘‘subparagraph 

12 (B)(i)(II)(bb)(BB)’’; and 

13 (H) in subparagraph (G) (as so redesig14 nated)— 

15 (i) in clause (i)— 

16 (I) by striking ‘‘subparagraph 

17 (B), (C), (D), or (E)’’ and inserting 

18 ‘‘subparagraph (B), (C), or (D)’’; 

19 (II) by striking ‘‘by reason of’’ 

20 and inserting ‘‘due to’’; 

21 (III) by inserting after ‘‘clause 

22 (iii)’’ the following ‘‘, or as the direct 

23 result of base realignment and closure 

24 or modularization as determined by 

25 the Secretary of Defense and force 
381 

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1 structure change or force relocation’’; 

2 and 

3 (IV) by inserting before the pe4 riod, the following: ‘‘or during such 

5 time as activities associated with base 

6 closure and realignment, 

7 modularization, force structure change, 

8 or force relocation are ongoing’’; and 

9 (ii) in clause (ii), by striking ‘‘(D) or 

10 (E)’’ each place it appears and inserting 

11 ‘‘(C) or (D)’’; 

12 (4) in paragraph (3)— 

13 (A) in subparagraph (B)— 

14 (i) by amending clause (iii) to read as 

15 follows: 

16 ‘‘(iii) In the case of a local educational 

17 agency providing a free public education to stu18 dents enrolled in kindergarten through grade 12, 

19 but which enrolls students described in subpara20 graphs (A), (B), and (D) of subsection (a)(1) 

21 only in grades 9 through 12, and which received 

22 a final payment in fiscal year 2009 calculated 

23 under this paragraph (as this paragraph was in 

24 effect on the day before the date of the enactment 

25 of the Student Success Act) for students in 
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1 grades 9 through 12, the Secretary shall, in cal2 culating the agency’s payment, consider only 

3 that portion of such agency’s total enrollment of 

4 students in grades 9 through 12 when calculating 

5 the percentage under clause (i)(I) and only that 

6 portion of the total current expenditures attrib7 uted to the operation of grades 9 through 12 in 

8 such agency when calculating the percentage 

9 under clause (i)(II).’’; and 

10 (ii) by adding at the end the following: 

11 ‘‘(v) In the case of a local educational agen12 cy that is providing a program of distance edu13 cation to children not residing within the geo14 graphic boundaries of the agency, the Secretary 

15 shall— 

16 ‘‘(I) for purposes of the calculation 

17 under clause (i)(I), disregard such children 

18 from the total number of children in aver19 age daily attendance at the schools served 

20 by such agency; and 

21 ‘‘(II) for purposes of the calculation 

22 under clause (i)(II), disregard any funds re23 ceived for such children from the total cur24 rent expenditures for such agency.’’; 
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1 (B) in subparagraph (C), by striking ‘‘sub2 paragraph (D) or (E) of paragraph (2), as the 

3 case may be’’ and inserting ‘‘paragraph (2)(D)’’; 

4 (C) by amending subparagraph (D) to read 

5 as follows: 

6 ‘‘(D) RATABLE DISTRIBUTION.—For any 

7 fiscal year described in subparagraph (A) for 

8 which the sums available exceed the amount re9 quired to pay each local educational agency 100 

10 percent of its threshold payment, the Secretary 

11 shall distribute the excess sums to each eligible 

12 local educational agency that has not received its 

13 full amount computed under paragraph (1) or 

14 (2) (as the case may be) by multiplying— 

15 ‘‘(i) a percentage, the denominator of 

16 which is the difference between the full 

17 amount computed under paragraph (1) or 

18 (2) (as the case may be) for all local edu19 cational agencies and the amount of the 

20 threshold payment (as calculated under sub21 paragraphs (B) and (C)) of all local edu22 cational agencies, and the numerator of 

23 which is the aggregate of the excess sums, by 

24 ‘‘(ii) the difference between the full 

25 amount computed under paragraph (1) or 
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1 (2) (as the case may be) for the agency and 

2 the amount of the threshold payment as cal3 culated under subparagraphs (B) and (C) of 

4 the agency.’’; and 

5 (D) by inserting at the end the following 

6 new subparagraphs: 

7 ‘‘(E) INSUFFICIENT PAYMENTS.—For each 

8 fiscal year described in subparagraph (A) for 

9 which the sums appropriated under section 

10 3(d)(2) are insufficient to pay each local edu11 cational agency all of the local educational agen12 cy’s threshold payment described in subpara13 graph (D), the Secretary shall ratably reduce the 

14 payment to each local educational agency under 

15 this paragraph. 

16 ‘‘(F) INCREASES.—If the sums appropriated 

17 under section 3(d)(2) are sufficient to increase 

18 the threshold payment above the 100 percent 

19 threshold payment described in subparagraph 

20 (D), then the Secretary shall increase payments 

21 on the same basis as such payments were re22 duced, except no local educational agency may 

23 receive a payment amount greater than 100 per24 cent of the maximum payment calculated under 

25 this subsection.’’; and 
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1 (5) in paragraph (4)— 

2 (A) in subparagraph (A), by striking 

3 ‘‘through (D)’’ and inserting ‘‘and (C)’’; and 

4 (B) in subparagraph (B), by striking ‘‘sub5 paragraph (D) or (E)’’ and inserting ‘‘subpara6 graph (C) or (D)’’. 

7 (c) PRIOR YEAR DATA.—Paragraph (2) of section 

8 8003(c) (20 U.S.C. 7703(c)) is amended to read as follows: 

9 ‘‘(2) EXCEPTION.—Calculation of payments for a 

10 local educational agency shall be based on data from 

11 the fiscal year for which the agency is making an ap12 plication for payment if such agency— 

13 ‘‘(A) is newly established by a State, for the 

14 first year of operation of such agency only; 

15 ‘‘(B) was eligible to receive a payment 

16 under this section for the previous fiscal year 

17 and has had an overall increase in enrollment 

18 (as determined by the Secretary in consultation 

19 with the Secretary of Defense, the Secretary of 

20 the Interior, or the heads of other Federal agen21 cies)— 

22 ‘‘(i) of not less than 10 percent, or 100 

23 students, of children described in— 

24 ‘‘(I) subparagraph (A), (B), (C), 

25 or (D) of subsection (a)(1); or 
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1 ‘‘(II) subparagraphs (F) and (G) 

2 of subsection (a)(1), but only to the ex3 tent such children are civilian depend4 ents of employees of the Department of 

5 Defense or the Department of the Inte6 rior; and 

7 ‘‘(ii) that is the direct result of closure 

8 or realignment of military installations 

9 under the base closure process or the reloca10 tion of members of the Armed Forces and 

11 civilian employees of the Department of De12 fense as part of the force structure changes 

13 or movements of units or personnel between 

14 military installations or because of actions 

15 initiated by the Secretary of the Interior or 

16 the head of another Federal agency; or 

17 ‘‘(C) was eligible to receive a payment 

18 under this section for the previous fiscal year 

19 and has had an increase in enrollment (as deter20 mined by the Secretary)— 

21 ‘‘(i) of not less than 10 percent of chil22 dren described in subsection (a)(1) or not 

23 less than 100 of such children; and 

24 ‘‘(ii) that is the direct result of the clo25 sure of a local educational agency that re-
387 

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1 ceived a payment under subsection (b)(1) or 

2 (b)(2) in the previous fiscal year.’’. 

3 (d) CHILDREN WITH DISABILITIES.—Section 

4 8003(d)(1) (20 U.S.C. 7703(d)) is amended by striking 

5 ‘‘section 8014(c)’’ and inserting ‘‘section 3(d)(3)’’. 

6 (e) HOLD HARMLESS.—Section 8003(e) (20 U.S.C. 

7 7703(e)) is amended to read as follows: 

8 ‘‘(e) HOLD HARMLESS.—The maximum amount that 

9 a local educational agency is eligible to receive, as cal10 culated under paragraph (1)(C), (2)(C), or (2)(D) of sub11 section (b), shall not be less than 90 percent of the calculated 

12 maximum amount that was used to determine the local edu13 cational agency’s payment for subsection (b)(1) or (b)(2) 

14 in the previous fiscal year for a period not to exceed 3 con15 secutive fiscal years, if such agency meets the eligibility re16 quirements of paragraph (1)(B) or (2)(B) of subsection 

17 (b).’’. 

18 (f) MAINTENANCE OF EFFORT.—Section 8003 (20 

19 U.S.C. 7703) is amended by striking subsection (g). 

20 SEC. 404. POLICIES AND PROCEDURES RELATING TO CHIL21 DREN RESIDING ON INDIAN LANDS. 

22 Section 8004(e)(9) is amended by striking ‘‘Bureau of 

23 Indian Affairs’’ both places such term appears and insert24 ing ‘‘Bureau of Indian Education’’. 
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1 SEC. 405. APPLICATION FOR PAYMENTS UNDER SECTIONS 

2 8002 AND 8003. 

3 Section 8005(b) (20 U.S.C. 7705(b)) is amended in the 

4 matter preceding paragraph (1) by striking ‘‘and shall con5 tain such information,’’. 

6 SEC. 406. CONSTRUCTION. 

7 Section 8007 (20 U.S.C. 7707) is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1), by striking ‘‘section 

10 8014(e)’’ and inserting ‘‘section 3(d)(4)’’; 

11 (B) in paragraph (2), by adding at the end 

12 the following: 

13 ‘‘(C) The agency is eligible under section 

14 4003(b)(2) or is receiving basic support pay15 ments under circumstances described in section 

16 4003(b)(2)(B)(ii).’’; and 

17 (C) in paragraph (3), by striking ‘‘section 

18 8014(e)’’ each place it appears and inserting 

19 ‘‘section 3(d)(4)’’; and 

20 (2) in subsection (b)— 

21 (A) in paragraph (1), by striking ‘‘section 

22 8014(e)’’ and inserting ‘‘section 3(d)(4)’’; 

23 (B) in paragraph (3)— 

24 (i) in subparagraph (C)(i)(I), by add25 ing at the end the following: 
389 

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1 ‘‘(cc) At least 10 percent of the 

2 property in the agency is exempt from 

3 State and local taxation under Federal 

4 law.’’; and 

5 (ii) by adding at the end the following: 

6 ‘‘(F) LIMITATIONS ON ELIGIBILITY RE7 QUIREMENTS.—The Secretary shall not limit eli8 gibility— 

9 ‘‘(i) under subparagraph (C)(i)(I)(aa), 

10 to those local educational agencies in which 

11 the number of children determined under 

12 section 4003(a)(1)(C) for each such agency 

13 for the preceding school year constituted 

14 more than 40 percent of the total student 

15 enrollment in the schools of each such agen16 cy during the preceding school year; and 

17 ‘‘(ii) under subparagraph (C)(i)(I)(cc), 

18 to those local educational agencies in which 

19 more than 10 percent of the property in 

20 each such agency is exempt from State and 

21 local taxation under Federal law.’’; and 

22 (C) in paragraph (6)— 

23 (i) in the matter preceding subpara24 graph (A), by striking ‘‘in such manner, 
390 

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1 and accompanied by such information’’ and 

2 inserting ‘‘and in such manner’’; and 

3 (ii) by striking subparagraph (F). 

4 SEC. 407. FACILITIES. 

5 Section 8008 (20 U.S.C. 7708) is amended in sub6 section (a), by striking ‘‘section 8014(f)’’ and inserting ‘‘sec7 tion 3(d)(5)’’. 

8 SEC. 408. STATE CONSIDERATION OF PAYMENTS PRO9 VIDING STATE AID. 

10 Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is 

11 amended by striking ‘‘and contain the information’’. 

12 SEC. 409. FEDERAL ADMINISTRATION. 

13 Section 8010(d)(2) (20 U.S.C. 7710(d)(2)) is amended, 

14 by striking ‘‘section 8014’’ and inserting ‘‘section 3(d)’’. 

15 SEC. 410. ADMINISTRATIVE HEARINGS AND JUDICIAL RE16 VIEW. 

17 Section 8011(a) (20 U.S.C. 7711(a)) is amended by 

18 striking ‘‘or under the Act’’ and all that follows through 

19 ‘‘1994)’’. 

20 SEC. 411. DEFINITIONS. 

21 Section 8013 (20 U.S.C. 7713) is amended— 

22 (1) in paragraph (1), by striking ‘‘and Marine 

23 Corps’’ and inserting ‘‘Marine Corps, and Coast 

24 Guard’’; 

25 (2) in paragraph (4), by striking ‘‘and title VI’’; 
391 

•S 1177 EAH 

1 (3) in paragraph (5)(A)(iii)— 

2 (A) in subclause (II), by striking ‘‘Stewart 

3 B. McKinney Homeless Assistance Act’’ and in4 serting ‘‘McKinney-Vento Homeless Assistance 

5 Act (42 U.S.C. 11411)’’; and 

6 (B) in subclause (III), by inserting before 

7 the semicolon ‘‘(25 U.S.C. 4101 et seq.)’’; and 

8 (4) in paragraph (8)(A), by striking ‘‘and 

9 verified by’’ and inserting ‘‘, and verified by,’’. 

10 SEC. 412. AUTHORIZATION OF APPROPRIATIONS. 

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

12 SEC. 413. CONFORMING AMENDMENTS. 

13 (a) IMPACT AID IMPROVEMENT ACT OF 2012.—Section 

14 563(c) of National Defense Authorization Act for Fiscal 

15 Year 2013 (Public Law 112–239; 126 Stat. 1748; 20 U.S.C. 

16 6301 note) (also known as the ‘‘Impact Aid Improvement 

17 Act of 2012’’), as amended by section 563 of division A of 

18 Public Law 113–291, is amended— 

19 (1) by striking paragraphs (1) and (4); and 

20 (2) by redesignating paragraphs (2) and (3), as 

21 paragraphs (1) and (2), respectively. 

22 (b) REPEALS.— 

23 (1) TITLE IV.—Title IV (20 U.S.C. 7101 et seq.), 

24 as amended by section 601(b)(2) of this Act, is re25 pealed. 
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1 (2) PL 113–76.—Section 309 of division H of the 

2 Consolidated Appropriations Act, 2014 (Public Law 

3 113–76; 20 U.S.C. 7702 note) is repealed. 

4 (c) TRANSFER AND REDESIGNATION.—Title VIII (20 

5 U.S.C. 7701 et seq.), as amended by this title, is redesig6 nated as title IV (20 U.S.C. 7101 et seq.), and transferred 

7 and inserted after title III (as amended by this Act). 

8 (d) TITLE VIII REFERENCES.—The Act (20 U.S.C. 

9 6301 et seq.), as amended by this Act, is amended— 

10 (1) by redesignating sections 8001 through 8005 

11 as sections 4001 through 4005, respectively; 

12 (2) by redesignating sections 8007 through 8013 

13 as sections 4007 through 4013, respectively; 

14 (3) by striking ‘‘section 8002’’ each place it ap15 pears and inserting ‘‘section 4002’’; 

16 (4) by striking ‘‘section 8002(b)’’ each place it 

17 appears and inserting ‘‘section 4002(b)’’; 

18 (5) by striking ‘‘section 8003’’ each place it ap19 pears and inserting ‘‘section 4003’’, respectively; 

20 (6) by striking ‘‘section 8003(a)’’ each place it 

21 appears and inserting ‘‘section 4003(a)’’; 

22 (7) by striking ‘‘section 8003(a)(1)’’ each place it 

23 appears and inserting ‘‘section 4003(a)(1)’’; 
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1 (8) by striking ‘‘section 8003(a)(1)(C)’’ each 

2 place it appears and inserting ‘‘section 

3 4003(a)(1)(C)’’; 

4 (9) by striking ‘‘section 8002(a)(2)’’ each place it 

5 appears and inserting ‘‘section 4002(a)(2)’’; 

6 (10) by striking ‘‘section 8003(b)’’ each place it 

7 appears and inserting ‘‘section 4003(b)’’; 

8 (11) by striking ‘‘section 8003(b)(1)’’ each place 

9 it appears and inserting ‘‘section 4003(b)(1)’’; 

10 (12) in section 4002(b)(1)(C) (as so redesig11 nated), by striking ‘‘section 8003(b)(1)(C)’’ and in12 serting ‘‘section 4003(b)(1)(C)’’; 

13 (13) in section 4002(k)(1) (as so redesignated), 

14 by striking ‘‘section 8013(5)(C)(iii)’’ and inserting 

15 ‘‘section 4013(5)(C)(iii)’’; 

16 (14) in section 4005 (as so redesignated)— 

17 (A) in the section heading, by striking 

18 ‘‘8002 AND 8003’’ and inserting ‘‘4002 AND

19 4003’’; 

20 (B) by striking ‘‘or 8003’’ each place it ap21 pears and inserting ‘‘or 4003’’; 

22 (C) in subsection (b)(2), by striking ‘‘section 

23 8004’’ and inserting ‘‘section 4004’’; and 

24 (D) in subsection (d)(2), by striking ‘‘sec25 tion 8003(e)’’ and inserting ‘‘section 4003(e)’’; 
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1 (15) in the second subclause (II) of section 

2 4007(a)(3)(A)(i) (as so redesignated), by striking 

3 ‘‘section 8008(a)’’ and inserting ‘‘section 4008(a)’’; 

4 (16) in section 4007(a)(4) (as so redesignated), 

5 by striking ‘‘section 8013(3)’’ and inserting ‘‘section 

6 4013(3)’’; 

7 (17) in section 4009 (as so redesignated)— 

8 (A) in subsection (b)(1)— 

9 (i) by striking ‘‘or 8003(b)’’ and in10 serting ‘‘or 4003(b)’’; 

11 (ii) by striking ‘‘section 

12 8003(a)(2)(B)’’ and inserting ‘‘section 

13 4003(a)(2)(B)’’; and 

14 (iii) by striking ‘‘section 8003(b)(2)’’ 

15 each place it appears and inserting ‘‘section 

16 4003(b)(2)’’; and 

17 (B) by striking ‘‘section 8011(a)’’ each place 

18 it appears and inserting ‘‘section 4011(a)’’; and 

19 (18) in section 4010(c)(2)(D) (as so redesig20 nated) by striking ‘‘section 8009(b)’’ and inserting 

21 ‘‘section 4009(b)’’. 
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1 TITLE V—THE FEDERAL GOV2 ERNMENT’S TRUST RESPON3 SIBILITY TO AMERICAN IN4 DIAN, ALASKA NATIVE, AND 

5 NATIVE HAWAIIAN EDU6 CATION 

7 SEC. 501. THE FEDERAL GOVERNMENT’S TRUST RESPONSI8 BILITY TO AMERICAN INDIAN, ALASKA NA9 TIVE, AND NATIVE HAWAIIAN EDUCATION. 

10 Title V of the Act (20 U.S.C. 7201 et seq.) is amended 

11 to read as follows: 

12 ‘‘TITLE V—THE FEDERAL GOV13 ERNMENT’S TRUST RESPON14 SIBILITY TO AMERICAN IN15 DIAN, ALASKA NATIVE, AND 

16 NATIVE HAWAIIAN EDU17 CATION 

18 ‘‘PART A—INDIAN EDUCATION 

19 ‘‘SEC. 5101. STATEMENT OF POLICY. 

20 ‘‘It is the policy of the United States to fulfill the Fed21 eral Government’s unique and continuing trust relationship 

22 with, and responsibility to, the Indian people for the edu23 cation of Indian children. The Federal Government will 

24 continue to work with local educational agencies, Indian 

25 tribes and organizations, postsecondary institutions, and 
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1 other entities toward the goal of ensuring that programs 

2 that serve Indian children are of the highest quality and 

3 provide for not only the basic elementary and secondary 

4 educational needs, but also the unique educational and cul5 turally related academic needs of these children. It is fur6 ther the policy of the United States to ensure that Indian 

7 children do not attend school in buildings that are dilapi8 dated or deteriorating, which may negatively affect the aca9 demic success of such children. 

10 ‘‘SEC. 5102. PURPOSE. 

11 ‘‘It is the purpose of this part to support the efforts 

12 of local educational agencies, Indian tribes and organiza13 tions, postsecondary institutions, and other entities— 

14 ‘‘(1) to meet the unique educational and cul15 turally related academic needs of American Indian 

16 and Alaska Native students, so that such students can 

17 meet State student academic achievement standards; 

18 ‘‘(2) to ensure that Indian and Alaskan Native 

19 students gain knowledge and understanding of Native 

20 communities, languages, tribal histories, traditions, 

21 and cultures; and 

22 ‘‘(3) to ensure that school leaders, teachers, and 

23 other staff who serve Indian and Alaska Native stu24 dents have the ability to provide culturally appro25 priate and effective instruction to such students. 
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1 ‘‘Subpart 1—Formula Grants to Local Educational 

2 Agencies 

3 ‘‘SEC. 5111. PURPOSE. 

4 ‘‘It is the purpose of this subpart to support the efforts 

5 of local educational agencies, Indian tribes and organiza6 tions, and other entities to improve the academic achieve7 ment of American Indian and Alaska Native students by 

8 providing for their unique cultural, language, and edu9 cational needs and ensuring that they are prepared to meet 

10 State academic standards. 

11 ‘‘SEC. 5112. GRANTS TO LOCAL EDUCATIONAL AGENCIES 

12 AND TRIBES. 

13 ‘‘(a) IN GENERAL.—In accordance with this section 

14 and section 5113, the Secretary may make grants from allo15 cations made under section 5113, to— 

16 ‘‘(1) local educational agencies; 

17 ‘‘(2) Indian tribes; 

18 ‘‘(3) Indian organizations; and 

19 ‘‘(4) Alaska Native Organizations. 

20 ‘‘(b) LOCAL EDUCATIONAL AGENCIES.— 

21 ‘‘(1) ENROLLMENT REQUIREMENTS.—A local 

22 educational agency shall be eligible for a grant under 

23 this subpart for any fiscal year if the number of In24 dian children eligible under section 5117 who were 

25 enrolled in the schools of the agency, and to whom the 
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1 agency provided free public education, during the pre2 ceding fiscal year— 

3 ‘‘(A) was at least 10; or 

4 ‘‘(B) constituted not less than 25 percent of 

5 the total number of individuals enrolled in the 

6 schools of such agency. 

7 ‘‘(2) EXCLUSION.—The requirement of para8 graph (1) shall not apply in Alaska, California, or 

9 Oklahoma, or with respect to any local educational 

10 agency located on, or in proximity to, an Indian res11 ervation. 

12 ‘‘(c) INDIAN TRIBES, INDIAN ORGANIZATIONS, ALASKA

13 NATIVE ORGANIZATIONS, AND CONSORTIA.— 

14 ‘‘(1) IN GENERAL.—If a local educational agency 

15 that is otherwise eligible for a grant under this sub16 part does not establish a committee under section 

17 5114(c)(5) for such grant, an Indian tribe, Indian or18 ganization, Alaska Native Organization, or consor19 tium of such entities that represents not less than one20 third of the eligible Indian or Alaska Native children 

21 who are served by such local educational agency may 

22 apply for such grant. 

23 ‘‘(2) SPECIAL RULE.— 

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

25 treat each Indian tribe, Indian organization, 
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1 Alaska Native Organization, or consortium of 

2 such entities applying for a grant pursuant to 

3 paragraph (1) as if such applicant were a local 

4 educational agency for purposes of this subpart. 

5 ‘‘(B) EXCEPTIONS.—Notwithstanding sub6 paragraph (A), such Indian tribe, Indian orga7 nization, Alaska Native Organization, or consor8 tium of such entities shall not be subject to the 

9 requirements of section 5114(c)(5) or 5119. 

10 ‘‘(3) ELIGIBILITY.—If more than 1 applicant 

11 qualifies to apply for a grant under paragraph (1), 

12 the entity that represents the most eligible Indian and 

13 Alaska Native children who are served by the local 

14 educational agency shall be eligible to receive the 

15 grant or the applicants may apply in consortium and 

16 jointly operate a program. 

17 ‘‘(d) INDIAN AND ALASKA NATIVE COMMUNITY-BASED

18 ORGANIZATIONS.— 

19 ‘‘(1) IN GENERAL.—If no local educational agen20 cy pursuant to subsection (b), and no Indian tribe, 

21 tribal organization, Alaska Native Organization, or 

22 consortium pursuant to subsection (c), applies for a 

23 grant under this subpart, Indian and Alaska Native 

24 community-based organizations serving the commu-
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1 nity of the local educational agency may apply for 

2 the grant. 

3 ‘‘(2) APPLICABILITY OF SPECIAL RULE.—The 

4 Secretary shall apply the special rule in subsection 

5 (c)(2) to a community-based organization applying 

6 or receiving a grant under paragraph (1) in the same 

7 manner as such rule applies to an Indian tribe, In8 dian organization, Alaska Native Organization, or 

9 consortium. 

10 ‘‘(3) DEFINITION OF INDIAN AND ALASKA NATIVE

11 COMMUNITY-BASED ORGANIZATIONS.—In this sub12 section, the term ‘Indian and Alaska Native commu13 nity-based organizations’ means any organizations 

14 that— 

15 ‘‘(A) are composed primarily of the family 

16 members of Indian or Alaska Native students, 

17 Indian or Alaska Native community members, 

18 tribal government education officials, and tribal 

19 members from a specific community; 

20 ‘‘(B) assist in the social, cultural, and edu21 cational development of Indians or Alaska Na22 tives in such community; 

23 ‘‘(C) meet the unique cultural, language, 

24 and academic needs of Indian or Alaska Native 

25 students; and 
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1 ‘‘(D) demonstrate organizational and ad2 ministrative capacity to effectively manage the 

3 grant. 

4 ‘‘SEC. 5113. AMOUNT OF GRANTS. 

5 ‘‘(a) AMOUNT OF GRANT AWARDS.— 

6 ‘‘(1) IN GENERAL.—Except as provided in sub7 section (b) and paragraph (2), the Secretary shall al8 locate to each local educational agency that has an 

9 approved application under this subpart an amount 

10 equal to the product of— 

11 ‘‘(A) the number of Indian children who are 

12 eligible under section 5117 and served by such 

13 agency; and 

14 ‘‘(B) the greater of— 

15 ‘‘(i) the average per pupil expenditure 

16 of the State in which such agency is located; 

17 or 

18 ‘‘(ii) 80 percent of the average per 

19 pupil expenditure of all the States. 

20 ‘‘(2) REDUCTION.—The Secretary shall reduce 

21 the amount of each allocation otherwise determined 

22 under this section in accordance with subsection (e). 

23 ‘‘(b) MINIMUM GRANT.— 

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

25 (e), an entity that is eligible for a grant under section 
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1 5112, and a school that is operated or supported by 

2 the Bureau of Indian Education that is eligible for a 

3 grant under subsection (d), that submits an applica4 tion that is approved by the Secretary, shall, subject 

5 to appropriations, receive a grant under this subpart 

6 in an amount that is not less than $3,000. 

7 ‘‘(2) CONSORTIA.—Local educational agencies 

8 may form a consortium for the purpose of obtaining 

9 grants under this subpart. 

10 ‘‘(3) INCREASE.—The Secretary may increase 

11 the minimum grant under paragraph (1) to not more 

12 than $4,000 for all grantees if the Secretary deter13 mines such increase is necessary to ensure the quality 

14 of the programs provided. 

15 ‘‘(c) DEFINITION.—For the purpose of this section, the 

16 term ‘average per pupil expenditure’, used with respect to 

17 a State, means an amount equal to— 

18 ‘‘(1) the sum of the aggregate current expendi19 tures of all the local educational agencies in the State, 

20 plus any direct current expenditures by the State for 

21 the operation of such agencies, without regard to the 

22 sources of funds from which such local or State ex23 penditures were made, during the second fiscal year 

24 preceding the fiscal year for which the computation is 

25 made; divided by 
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1 ‘‘(2) the aggregate number of children who were 

2 included in average daily attendance for whom such 

3 agencies provided free public education during such 

4 preceding fiscal year. 

5 ‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE BU6 REAU OF INDIAN EDUCATION.— 

7 ‘‘(1) IN GENERAL.—Subject to subsection (e), in 

8 addition to the grants awarded under subsection (a), 

9 the Secretary shall allocate to the Secretary of the In10 terior an amount equal to the product of— 

11 ‘‘(A) the total number of Indian children 

12 enrolled in schools that are operated by— 

13 ‘‘(i) the Bureau of Indian Education; 

14 or 

15 ‘‘(ii) an Indian tribe, or an organiza16 tion controlled or sanctioned by an Indian 

17 tribal government, for the children of that 

18 tribe under a contract with, or grant from, 

19 the Department of the Interior under the 

20 Indian Self-Determination Act or the Trib21 ally Controlled Schools Act of 1988; and 

22 ‘‘(B) the greater of— 

23 ‘‘(i) the average per pupil expenditure 

24 of the State in which the school is located; 

25 or 
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1 ‘‘(ii) 80 percent of the average per 

2 pupil expenditure of all the States. 

3 ‘‘(2) SPECIAL RULE.—Any school described in 

4 paragraph (1)(A) that wishes to receive an allocation 

5 under this subpart shall submit an application in ac6 cordance with section 5114, and shall otherwise be 

7 treated as a local educational agency for the purpose 

8 of this subpart, except that such school shall not be 

9 subject to section 5114(c)(5) or section 5119. 

10 ‘‘(e) RATABLE REDUCTIONS.—If the sums appro11 priated for any fiscal year to carry out this subpart are 

12 insufficient to pay in full the amounts determined for local 

13 educational agencies under subsection (a)(1) and for the 

14 Secretary of the Interior under subsection (d), each of those 

15 amounts shall be ratably reduced. 

16 ‘‘SEC. 5114. APPLICATIONS. 

17 ‘‘(a) APPLICATION REQUIRED.—Each local edu18 cational agency that desires to receive a grant under this 

19 subpart shall submit an application to the Secretary at 

20 such time, in such manner, and containing such informa21 tion as the Secretary may reasonably require. 

22 ‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each 

23 application submitted under subsection (a) shall include a 

24 description of a comprehensive program for meeting the 

25 needs of Indian and Alaska Native children served by the 
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1 local educational agency, including the language and cul2 tural needs of the children, that— 

3 ‘‘(1) describes how the comprehensive program 

4 will offer programs and activities to meet the cul5 turally related academic needs of American Indian 

6 and Alaska Native students; 

7 ‘‘(2)(A) is consistent with the State, tribal, and 

8 local plans submitted under other provisions of this 

9 Act; and 

10 ‘‘(B) includes academic content and student aca11 demic achievement goals for such children, and bench12 marks for attaining such goals, that are based on 

13 State academic content and student academic achieve14 ment standards adopted under title I for all children; 

15 ‘‘(3) explains how the local educational agency 

16 will use the funds made available under this subpart 

17 to supplement other Federal, State, and local pro18 grams that serve such students; 

19 ‘‘(4) demonstrates how funds made available 

20 under this subpart will be used for activities described 

21 in section 5115; 

22 ‘‘(5) describes the professional development op23 portunities that will be provided, as needed, to ensure 

24 that— 
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1 ‘‘(A) teachers and other school professionals 

2 who are new to the Indian or Alaska Native 

3 community are prepared to work with Indian 

4 and Alaska Native children; 

5 ‘‘(B) all teachers who will be involved in 

6 programs assisted under this subpart have been 

7 properly trained to carry out such programs; 

8 and 

9 ‘‘(C) those family members of Indian and 

10 Alaska Native children and representatives of 

11 tribes who are on the committee described in 

12 (c)(5) will participate in the planning of profes13 sional development materials; 

14 ‘‘(6) describes how the local educational agen15 cy— 

16 ‘‘(A) will periodically assess the progress of 

17 all Indian children enrolled in the schools of the 

18 local educational agency, including Indian chil19 dren who do not participate in programs as20 sisted under this subpart, in meeting the goals 

21 described in paragraph (2); 

22 ‘‘(B) will provide the results of each assess23 ment referred to in subparagraph (A) to— 

24 ‘‘(i) the committee described in sub25 section (c)(5); 
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1 ‘‘(ii) the community served by the local 

2 educational agency; and 

3 ‘‘(iii) the tribes whose children are 

4 served by the local educational agency; and 

5 ‘‘(C) is responding to findings of any pre6 vious assessments that are similar to the assess7 ments described in subparagraph (A); and 

8 ‘‘(7) explicitly delineates— 

9 ‘‘(A) a formal, collaborative process that the 

10 local educational agency used to directly involve 

11 tribes, Indian organizations, or Alaska Native 

12 Organizations in the development of the com13 prehensive programs and the results of such 

14 process; and 

15 ‘‘(B) how the local educational agency plans 

16 to ensure that tribes, Indian organizations, or 

17 Alaska Native Organizations will play an active, 

18 meaningful, and ongoing role in the functioning 

19 of the comprehensive programs. 

20 ‘‘(c) ASSURANCES.—Each application submitted 

21 under subsection (a) shall include assurances that— 

22 ‘‘(1) the local educational agency will use funds 

23 received under this subpart only to supplement the 

24 funds that, in the absence of the Federal funds made 

25 available under this subpart, such agency would make 
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1 available for services described in this subsection, and 

2 not to supplant such funds; 

3 ‘‘(2) the local educational agency will use funds 

4 received under this subpart only for activities de5 scribed and authorized under this subpart; 

6 ‘‘(3) the local educational agency will prepare 

7 and submit to the Secretary such reports, in such 

8 form and containing such information, as the Sec9 retary may require to— 

10 ‘‘(A) carry out the functions of the Sec11 retary under this subpart; 

12 ‘‘(B) determine the extent to which activi13 ties carried out with funds provided to the local 

14 educational agency under this subpart are effec15 tive in improving the educational achievement of 

16 Indian and Alaska Native students served by 

17 such agency; and 

18 ‘‘(C) determine the extent to which such ac19 tivities address the unique cultural, language, 

20 and educational needs of Indian students; 

21 ‘‘(4) the program for which assistance is 

22 sought— 

23 ‘‘(A) is based on a comprehensive local as24 sessment and prioritization of the unique edu25 cational and culturally related academic needs of 
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1 the American Indian and Alaska Native students 

2 for whom the local educational agency is pro3 viding an education; 

4 ‘‘(B) will use the best available talents and 

5 resources, including individuals from the Indian 

6 or Alaska Native community; and 

7 ‘‘(C) was developed by such agency in open 

8 consultation with the families of Indian or Alas9 ka Native children, Indian or Alaska Native 

10 teachers, Indian or Alaska Native students from 

11 secondary schools, and representatives of tribes, 

12 Indian organizations, or Alaska Native Organi13 zations in the community including through 

14 public hearings held by such agency to provide 

15 to the individuals described in this subparagraph 

16 a full opportunity to understand the program 

17 and to offer recommendations regarding the pro18 gram; 

19 ‘‘(5) the local educational agency developed the 

20 program with the participation and written approval 

21 of a committee— 

22 ‘‘(A) that is composed of, and selected by— 

23 ‘‘(i) family members of Indian and 

24 Alaska Native children that are attending 

25 the local educational agency’s schools; 
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1 ‘‘(ii) teachers in the schools; and 

2 ‘‘(iii) Indian and Alaska Native stu3 dents attending secondary schools of the 

4 agency; 

5 ‘‘(B) a majority of whose members are fam6 ily members of Indian and Alaska Native chil7 dren that are attending the local educational 

8 agency’s schools; 

9 ‘‘(C) that has set forth such policies and 

10 procedures, including policies and procedures re11 lating to the hiring of personnel, as will ensure 

12 that the program for which assistance is sought 

13 will be operated and evaluated in consultation 

14 with, and with the involvement of, parents of the 

15 children, and representatives of the area, to be 

16 served; 

17 ‘‘(D) with respect to an application describ18 ing a schoolwide program in accordance with 

19 section 5115(c), that has— 

20 ‘‘(i) reviewed in a timely fashion the 

21 program; 

22 ‘‘(ii) determined that the program will 

23 not diminish the availability of culturally 

24 related activities for American Indian and 

25 Alaska Native students; and 
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1 ‘‘(iii) will directly enhance the edu2 cational experience of American Indian and 

3 Alaska Native students; and 

4 ‘‘(E) that has adopted reasonable bylaws for 

5 the conduct of the activities of the committee and 

6 abides by such bylaws; and 

7 ‘‘(6) the local educational agency conducted ade8 quate outreach to family members to meet the require9 ments under subsection (c)(5). 

10 ‘‘SEC. 5115. AUTHORIZED SERVICES AND ACTIVITIES. 

11 ‘‘(a) GENERAL REQUIREMENTS.—Each local edu12 cational agency that receives a grant under this subpart 

13 shall use the grant funds, in a manner consistent with the 

14 purpose specified in section 5111, for services and activities 

15 that— 

16 ‘‘(1) are designed to carry out the comprehensive 

17 program of the local educational agency for Indian 

18 students, and described in the application of the local 

19 educational agency submitted to the Secretary under 

20 section 5114(a) solely for the services and activities 

21 described in such application; 

22 ‘‘(2) are designed with special regard for the lan23 guage and cultural needs of the Indian students; and 

24 ‘‘(3) supplement and enrich the regular school 

25 program of such agency. 
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1 ‘‘(b) PARTICULAR ACTIVITIES.—The services and ac2 tivities referred to in subsection (a) may include— 

3 ‘‘(1) activities that support Native American 

4 language immersion programs and Native American 

5 language restoration programs, which may be taught 

6 by traditional leaders; 

7 ‘‘(2) culturally related activities that support the 

8 program described in the application submitted by 

9 the local educational agency; 

10 ‘‘(3) early childhood and family programs that 

11 emphasize school readiness; 

12 ‘‘(4) enrichment programs that focus on problem 

13 solving and cognitive skills development and directly 

14 support the attainment of challenging State academic 

15 content and student academic achievement standards; 

16 ‘‘(5) integrated educational services in combina17 tion with other programs including programs that en18 hance student achievement by promoting increased in19 volvement of parents and families in school activities; 

20 ‘‘(6) career preparation activities to enable In21 dian students to participate in programs such as the 

22 programs supported by the Carl D. Perkins Career 

23 and Technical Education Improvement Act of 2006, 

24 including programs for tech-prep education, men25 toring, and apprenticeship; 
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1 ‘‘(7) activities to educate individuals so as to 

2 prevent violence, suicide, and substance abuse; 

3 ‘‘(8) the acquisition of equipment, but only if the 

4 acquisition of the equipment is essential to achieve the 

5 purpose described in section 5111; 

6 ‘‘(9) activities that promote the incorporation of 

7 culturally responsive teaching and learning strategies 

8 into the educational program of the local educational 

9 agency; 

10 ‘‘(10) activities that incorporate culturally and 

11 linguistically relevant curriculum content into class12 room instruction that is responsive to the unique 

13 learning styles of Indian and Alaska Native children 

14 and ensures that children are better able to meet State 

15 standards; 

16 ‘‘(11) family literacy services; 

17 ‘‘(12) activities that recognize and support the 

18 unique cultural and educational needs of Indian chil19 dren, and incorporate appropriately qualified tribal 

20 elders and seniors; 

21 ‘‘(13) dropout prevention strategies for Indian 

22 and Alaska Native students; and 

23 ‘‘(14) strategies to meet the educational needs of 

24 at-risk Indian students in correctional facilities, in25 cluding such strategies that support Indian and Alas-
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1 ka Native students who are transitioning from such 

2 facilities to schools served by local educational agen3 cies. 

4 ‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any 

5 other provision of law, a local educational agency may use 

6 funds made available to such agency under this subpart to 

7 support a schoolwide program under section 1114 if— 

8 ‘‘(1) the committee established pursuant to sec9 tion 5114(c)(5) approves the use of the funds for the 

10 schoolwide program; 

11 ‘‘(2) the schoolwide program is consistent with 

12 the purpose described in section 5111; and 

13 ‘‘(3) the local educational agency identifies in its 

14 application how the use of such funds in a schoolwide 

15 program will produce benefits to the American Indian 

16 and Alaska Native students that would not be 

17 achieved if the funds were not used in a schoolwide 

18 program. 

19 ‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not 

20 more than 5 percent of the funds provided to a grantee 

21 under this subpart for any fiscal year may be used for ad22 ministrative purposes. 

23 ‘‘(e) LIMITATION ON THE USE OF FUNDS.—Funds pro24 vided to a grantee under this subpart may not be used for 
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1 long-distance travel expenses for training activities avail2 able locally or regionally. 

3 ‘‘SEC. 5116. INTEGRATION OF SERVICES AUTHORIZED. 

4 ‘‘(a) PLAN.—An entity receiving funds under this sub5 part may submit a plan to the Secretary for the integration 

6 of education and related services provided to Indian stu7 dents. 

8 ‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the re9 ceipt of an acceptable plan under subsection (a), the Sec10 retary, in cooperation with each Federal agency providing 

11 grants for the provision of education and related services 

12 to the entity, shall authorize the entity to consolidate, in 

13 accordance with such plan, the federally funded education 

14 and related services programs of the entity and the Federal 

15 programs, or portions of the programs, serving Indian stu16 dents in a manner that integrates the program services in17 volved into a single, coordinated, comprehensive program 

18 and reduces administrative costs by consolidating adminis19 trative functions. 

20 ‘‘(c) PROGRAMS AFFECTED.—The funds that may be 

21 consolidated in a demonstration project under any such 

22 plan referred to in subsection (a) shall include funds for 

23 any Federal program exclusively serving Indian children, 

24 or the funds reserved under any Federal program to exclu25 sively serve Indian children, under which the entity is eligi-
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1 ble for receipt of funds under a statutory or administrative 

2 formula for the purposes of providing education and related 

3 services that would be used to serve Indian students. 

4 ‘‘(d) PLAN REQUIREMENTS.—For a plan to be accept5 able pursuant to subsection (b), the plan shall— 

6 ‘‘(1) identify the programs or funding sources to 

7 be consolidated; 

8 ‘‘(2) be consistent with the objectives of this sec9 tion concerning authorizing the services to be inte10 grated in a demonstration project; 

11 ‘‘(3) describe a comprehensive strategy that iden12 tifies the full range of potential educational opportu13 nities and related services to be provided to assist In14 dian students to achieve the objectives set forth in this 

15 subpart; 

16 ‘‘(4) describe the way in which services are to be 

17 integrated and delivered and the results expected from 

18 the plan; 

19 ‘‘(5) identify the projected expenditures under 

20 the plan in a single budget; 

21 ‘‘(6) identify the State, tribal, or local agency or 

22 agencies to be involved in the delivery of the services 

23 integrated under the plan; 
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1 ‘‘(7) identify any statutory provisions, regula2 tions, policies, or procedures that the entity believes 

3 need to be waived in order to implement the plan; 

4 ‘‘(8) set forth measures for academic content and 

5 student academic achievement goals designed to be 

6 met within a specific period of time; and 

7 ‘‘(9) be approved by a committee formed in ac8 cordance with section 5114(c)(5), if such a committee 

9 exists. 

10 ‘‘(e) PLAN REVIEW.—Upon receipt of the plan from 

11 an eligible entity, the Secretary shall consult with the Sec12 retary of each Federal department providing funds to be 

13 used to implement the plan, and with the entity submitting 

14 the plan. The parties so consulting shall identify any waiv15 ers of statutory requirements or of Federal departmental 

16 regulations, policies, or procedures necessary to enable the 

17 entity to implement the plan. Notwithstanding any other 

18 provision of law, the Secretary of the affected department 

19 shall have the authority to waive any regulation, policy, 

20 or procedure promulgated by that department that has been 

21 so identified by the entity or department, unless the Sec22 retary of the affected department determines that such a 

23 waiver is inconsistent with the objectives of this subpart or 

24 those provisions of the statute from which the program in-
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1 volved derives authority that are specifically applicable to 

2 Indian students. 

3 ‘‘(f) PLAN APPROVAL.—Within 90 days after the re4 ceipt of an entity’s plan by the Secretary, the Secretary 

5 shall inform the entity, in writing, of the Secretary’s ap6 proval or disapproval of the plan. If the plan is dis7 approved, the entity shall be informed, in writing, of the 

8 reasons for the disapproval and shall be given an oppor9 tunity to amend the plan or to petition the Secretary to 

10 reconsider such disapproval. 

11 ‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDU12 CATION.—Not later than 180 days after the date of the en13 actment of the Student Success Act, the Secretary of Edu14 cation, the Secretary of the Interior, the Secretary of the 

15 Department of Health and Human Services, and the head 

16 of any other Federal department or agency identified by 

17 the Secretary of Education, shall enter into an interdepart18 mental memorandum of agreement providing for the imple19 mentation and coordination of the demonstration projects 

20 authorized under this section. The lead agency head for a 

21 demonstration project under this section shall be— 

22 ‘‘(1) the Secretary of the Interior, in the case of 

23 an entity meeting the definition of a contract or 

24 grant school under title XI of the Education Amend25 ments of 1978; or 
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1 ‘‘(2) the Secretary of Education, in the case of 

2 any other entity. 

3 ‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re4 sponsibilities of the lead agency shall include— 

5 ‘‘(1) the use of a single report format related to 

6 the plan for the individual project, which shall be 

7 used by an eligible entity to report on the activities 

8 undertaken under the project; 

9 ‘‘(2) the use of a single report format related to 

10 the projected expenditures for the individual project 

11 which shall be used by an eligible entity to report on 

12 all project expenditures; 

13 ‘‘(3) the development of a single system of Fed14 eral oversight for the project, which shall be imple15 mented by the lead agency; and 

16 ‘‘(4) the provision of technical assistance to an 

17 eligible entity appropriate to the project, except that 

18 an eligible entity shall have the authority to accept or 

19 reject the plan for providing such technical assistance 

20 and the technical assistance provider. 

21 ‘‘(i) REPORT REQUIREMENTS.—A single report format 

22 shall be developed by the Secretary, consistent with the re23 quirements of this section. Such report format shall require 

24 that reports described in subsection (h), together with 

25 records maintained on the consolidated program at the local 
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1 level, shall contain such information as will allow a deter2 mination that the eligible entity has complied with the re3 quirements incorporated in its approved plan, including 

4 making a demonstration of student academic achievement, 

5 and will provide assurances to each Secretary that the eligi6 ble entity has complied with all directly applicable statu7 tory requirements and with those directly applicable regu8 latory requirements that have not been waived. 

9 ‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall 

10 the amount of Federal funds available to an eligible entity 

11 involved in any demonstration project be reduced as a re12 sult of the enactment of this section. 

13 ‘‘(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.— 

14 The Secretary is authorized to take such action as may be 

15 necessary to provide for an interagency transfer of funds 

16 otherwise available to an eligible entity in order to further 

17 the objectives of this section. 

18 ‘‘(l) ADMINISTRATION OF FUNDS.— 

19 ‘‘(1) IN GENERAL.—Program funds for the con20 solidated programs shall be administered in such a 

21 manner as to allow for a determination that funds 

22 from a specific program are spent on allowable activi23 ties authorized under such program, except that the 

24 eligible entity shall determine the proportion of the 

25 funds granted that shall be allocated to such program. 
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1 ‘‘(2) SEPARATE RECORDS NOT REQUIRED.— 

2 Nothing in this section shall be construed as requiring 

3 the eligible entity to maintain separate records trac4 ing any services or activities conducted under the ap5 proved plan to the individual programs under which 

6 funds were authorized for the services or activities, 

7 nor shall the eligible entity be required to allocate ex8 penditures among such individual programs. 

9 ‘‘(m) OVERAGE.—The eligible entity may commingle 

10 all administrative funds from the consolidated programs 

11 and shall be entitled to the full amount of such funds (under 

12 each program’s or agency’s regulations). The overage (de13 fined as the difference between the amount of the commin14 gled funds and the actual administrative cost of the pro15 grams) shall be considered to be properly spent for Federal 

16 audit purposes, if the overage is used for the purposes pro17 vided for under this section. 

18 ‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this part 

19 shall be construed so as to interfere with the ability of the 

20 Secretary or the lead agency to fulfill the responsibilities 

21 for the safeguarding of Federal funds pursuant to chapter 

22 75 of title 31, United States Code. 

23 ‘‘(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM

24 INTEGRATION.— 
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1 ‘‘(1) PRELIMINARY REPORT.—Not later than 2 

2 years after the date of the enactment of the Student 

3 Success Act, the Secretary of Education shall submit 

4 a preliminary report to the Committee on Education 

5 and the Workforce and the Committee on Natural Re6 sources of the House of Representatives and the Com7 mittee on Health, Education, Labor, and Pensions 

8 and the Committee on Indian Affairs of the Senate on 

9 the status of the implementation of the demonstration 

10 projects authorized under this section. 

11 ‘‘(2) FINAL REPORT.—Not later than 5 years 

12 after the date of the enactment of the Student Success 

13 Act, the Secretary of Education shall submit a report 

14 to the Committee on Education and the Workforce 

15 and the Committee on Natural Resources of the House 

16 of Representatives and the Committee on Health, 

17 Education, Labor, and Pensions and the Committee 

18 on Indian Affairs of the Senate on the results of the 

19 implementation of the demonstration projects author20 ized under this section. Such report shall identify 

21 statutory barriers to the ability of participants to in22 tegrate more effectively their education and related 

23 services to Indian students in a manner consistent 

24 with the objectives of this section. 
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1 ‘‘(p) DEFINITIONS.—For the purposes of this section, 

2 the term ‘Secretary’ means— 

3 ‘‘(1) the Secretary of the Interior, in the case of 

4 an entity meeting the definition of a contract or 

5 grant school under title XI of the Education Amend6 ments of 1978; or 

7 ‘‘(2) the Secretary of Education, in the case of 

8 any other entity. 

9 ‘‘SEC. 5117. STUDENT ELIGIBILITY FORMS. 

10 ‘‘(a) IN GENERAL.—The Secretary shall require that, 

11 as part of an application for a grant under this subpart, 

12 each applicant shall maintain a file, with respect to each 

13 Indian child for whom the local educational agency pro14 vides a free public education, that contains a form that sets 

15 forth information establishing the status of the child as an 

16 Indian child eligible for assistance under this subpart, and 

17 that otherwise meets the requirements of subsection (b). 

18 ‘‘(b) FORMS.—The form described in subsection (a) 

19 shall include— 

20 ‘‘(1) either— 

21 ‘‘(A)(i) the name of the tribe or band of In22 dians (as defined in section 5151) with respect 

23 to which the child claims membership; 
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1 ‘‘(ii) the enrollment or membership number 

2 establishing the membership of the child (if read3 ily available); and 

4 ‘‘(iii) the name and address of the organiza5 tion that maintains updated and accurate mem6 bership data for such tribe or band of Indians; 

7 or 

8 ‘‘(B) the name, the enrollment or member9 ship number (if readily available), and the name 

10 and address of the organization responsible for 

11 maintaining updated and accurate membership 

12 data, of any parent or grandparent of the child 

13 from whom the child claims eligibility under this 

14 subpart, if the child is not a member of the tribe 

15 or band of Indians (as so defined); 

16 ‘‘(2) a statement of whether the tribe or band of 

17 Indians (as so defined), with respect to which the 

18 child, or parent or grandparent of the child, claims 

19 membership, is federally recognized; 

20 ‘‘(3) the name and address of the parent or legal 

21 guardian of the child; 

22 ‘‘(4) a signature of the parent or legal guardian 

23 of the child that verifies the accuracy of the informa24 tion supplied; 
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1 ‘‘(5) any other information that the Secretary 

2 considers necessary to provide an accurate program 

3 profile; and 

4 ‘‘(6) all individual data collected will be pro5 tected by the local educational agencies and only ag6 gregated data will be reported to the Secretary. 

7 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this sec8 tion shall be construed to affect a definition contained in 

9 section 5151. 

10 ‘‘(d) DOCUMENTATION AND TYPES OF PROOF.— 

11 ‘‘(1) TYPES OF PROOF.—For purposes of deter12 mining whether a child is eligible to be counted for 

13 the purpose of computing the amount of a grant 

14 award under section 5113, the membership of the 

15 child, or any parent or grandparent of the child, in 

16 a tribe or band of Indians (as so defined) may be es17 tablished by proof other than an enrollment number, 

18 notwithstanding the availability of an enrollment 

19 number for a member of such tribe or band. Nothing 

20 in subsection (b) shall be construed to require the fur21 nishing of an enrollment number. 

22 ‘‘(2) NO NEW OR DUPLICATIVE DETERMINA23 TIONS.—Once a child is determined to be an Indian 

24 eligible to be counted for such grant award, the local 

25 education agency shall maintain a record of such de-
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1 termination and shall not require a new or duplicate 

2 determination to be made for such child for a subse3 quent application for a grant under this subpart. 

4 ‘‘(3) PREVIOUSLY FILED FORMS.—An Indian 

5 student eligibility form that was on file as required 

6 by this section on the day before the date of the enact7 ment of the Student Success Act and that met the re8 quirements of this section, as this section was in effect 

9 on the day before the date of the enactment of such 

10 Act, shall remain valid for such Indian student. 

11 ‘‘(e) MONITORING AND EVALUATION REVIEW.— 

12 ‘‘(1) IN GENERAL.— 

13 ‘‘(A) REVIEW.—For each fiscal year, in 

14 order to provide such information as is necessary 

15 to carry out the responsibility of the Secretary to 

16 provide technical assistance under this subpart, 

17 the Secretary shall conduct a monitoring and 

18 evaluation review of a sampling of the recipients 

19 of grants under this subpart. The sampling con20 ducted under this subparagraph shall take into 

21 account the size of and the geographic location of 

22 each local educational agency. 

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

24 agency may not be held liable to the United 

25 States or be subject to any penalty, by reason of 
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1 the findings of an audit that relates to the date 

2 of completion, or the date of submission, of any 

3 forms used to establish, before April 28, 1988, the 

4 eligibility of a child for an entitlement under the 

5 Indian Elementary and Secondary School As6 sistance Act. 

7 ‘‘(2) FALSE INFORMATION.—Any local edu8 cational agency that provides false information in an 

9 application for a grant under this subpart shall— 

10 ‘‘(A) be ineligible to apply for any other 

11 grant under this subpart; and 

12 ‘‘(B) be liable to the United States for any 

13 funds from the grant that have not been ex14 pended. 

15 ‘‘(3) EXCLUDED CHILDREN.—A student who pro16 vides false information for the form required under 

17 subsection (a) shall not be counted for the purpose of 

18 computing the amount of a grant under section 5113. 

19 ‘‘(f) TRIBAL GRANT AND CONTRACT SCHOOLS.—Not20 withstanding any other provision of this section, in calcu21 lating the amount of a grant under this subpart to a tribal 

22 school that receives a grant or contract from the Bureau 

23 of Indian Education, the Secretary shall use only one of 

24 the following, as selected by the school: 
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1 ‘‘(1) A count of the number of students in the 

2 schools certified by the Bureau. 

3 ‘‘(2) A count of the number of students for whom 

4 the school has eligibility forms that comply with this 

5 section. 

6 ‘‘(g) TIMING OF CHILD COUNTS.—For purposes of de7 termining the number of children to be counted in calcu8 lating the amount of a local educational agency’s grant 

9 under this subpart (other than in the case described in sub10 section (f)(1)), the local educational agency shall— 

11 ‘‘(1) establish a date on, or a period not longer 

12 than 31 consecutive days during, which the agency 

13 counts those children, if that date or period occurs be14 fore the deadline established by the Secretary for sub15 mitting an application under section 5114; and 

16 ‘‘(2) determine that each such child was enrolled, 

17 and receiving a free public education, in a school of 

18 the agency on that date or during that period, as the 

19 case may be. 

20 ‘‘SEC. 5118. PAYMENTS. 

21 ‘‘(a) IN GENERAL.—Subject to subsection (b), the Sec22 retary shall pay to each local educational agency that sub23 mits an application that is approved by the Secretary 

24 under this subpart the amount determined under section 

25 5113. The Secretary shall notify the local educational agen-
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1 cy of the amount of the payment not later than June 1 

2 of the year for which the Secretary makes the payment. 

3 ‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE

4 STATE.—The Secretary may not make a grant under this 

5 subpart to a local educational agency for a fiscal year if, 

6 for such fiscal year, the State in which the local educational 

7 agency is located takes into consideration payments made 

8 under this chapter in determining the eligibility of the local 

9 educational agency for State aid, or the amount of the State 

10 aid, with respect to the free public education of children 

11 during such fiscal year or the preceding fiscal year. 

12 ‘‘(c) REALLOCATIONS.—The Secretary may reallocate, 

13 in a manner that the Secretary determines will best carry 

14 out the purpose of this subpart, any amounts that— 

15 ‘‘(1) based on estimates made by local edu16 cational agencies or other information, the Secretary 

17 determines will not be needed by such agencies to 

18 carry out approved programs under this subpart; or 

19 ‘‘(2) otherwise become available for reallocation 

20 under this subpart. 

21 ‘‘SEC. 5119. STATE EDUCATIONAL AGENCY REVIEW. 

22 ‘‘Before submitting an application to the Secretary 

23 under section 5114, a local educational agency shall submit 

24 the application to the State educational agency, which may 

25 comment on such application. If the State educational 
430 

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1 agency comments on the application, the agency shall com2 ment on all applications submitted by local educational 

3 agencies in the State and shall provide those comments to 

4 the respective local educational agencies, with an oppor5 tunity to respond. 

6 ‘‘Subpart 2—Special Programs and Projects To Im7 prove Educational Opportunities for Indian Chil8 dren and Youth 

9 ‘‘SEC. 5121. SPECIAL PROGRAMS AND PROJECTS TO IM10 PROVE EDUCATIONAL OPPORTUNITIES FOR 

11 INDIAN CHILDREN AND YOUTH. 

12 ‘‘(a) PURPOSE.— 

13 ‘‘(1) IN GENERAL.—It is the purpose of this sec14 tion to support projects to develop, test, and dem15 onstrate the effectiveness of services and programs to 

16 improve educational opportunities and achievement of 

17 Indian children and youth. 

18 ‘‘(2) COORDINATION.—The Secretary shall take 

19 the necessary actions to achieve the coordination of 

20 activities assisted under this subpart with— 

21 ‘‘(A) other programs funded under this Act; 

22 and 

23 ‘‘(B) other Federal programs operated for 

24 the benefit of American Indian and Alaska Na25 tive children and youth. 
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1 ‘‘(b) ELIGIBLE ENTITIES.—In this section, the term 

2 ‘eligible entity’ means a State educational agency, local 

3 educational agency, Indian tribe, Indian organization, fed4 erally supported elementary school or secondary school for 

5 Indian students, Indian institution (including an Indian 

6 institution of higher education), Alaska Native Organiza7 tion, or a consortium of such entities. 

8 ‘‘(c) GRANTS AUTHORIZED.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall award 

10 grants to eligible entities to enable such entities to 

11 carry out activities that meet the purpose of this sec12 tion, including— 

13 ‘‘(A) innovative programs related to the 

14 educational needs of educationally disadvantaged 

15 children and youth; 

16 ‘‘(B) educational services that are not avail17 able to such children and youth in sufficient 

18 quantity or quality, including remedial instruc19 tion, to raise the achievement of Indian and 

20 Alaska Native children in one or more of the sub21 jects of English, mathematics, science, foreign 

22 languages, art, history, and geography; 

23 ‘‘(C) bilingual and bicultural programs and 

24 projects; 
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1 ‘‘(D) special health and nutrition services, 

2 and other related activities, that address the spe3 cial health, social, emotional, and psychological 

4 problems of Indian children; 

5 ‘‘(E) special compensatory and other pro6 grams and projects designed to assist and en7 courage Indian children to enter, remain in, or 

8 reenter school, and to increase the rate of high 

9 school graduation for Indian children; 

10 ‘‘(F) comprehensive guidance, counseling, 

11 and testing services; 

12 ‘‘(G) high quality early childhood education 

13 programs that are effective in preparing young 

14 children to make sufficient academic growth by 

15 the end of grade 3, including kindergarten and 

16 pre-kindergarten programs, family-based pre17 school programs that emphasize school readiness, 

18 screening and referral, and the provision of serv19 ices to Indian children and youth with disabil20 ities; 

21 ‘‘(H) partnership projects between local edu22 cational agencies and institutions of higher edu23 cation that allow secondary school students to 

24 enroll in courses at the postsecondary level to aid 
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1 such students in the transition from secondary to 

2 postsecondary education; 

3 ‘‘(I) partnership projects between schools 

4 and local businesses for career preparation pro5 grams designed to provide Indian youth with the 

6 knowledge and skills such youth need to make an 

7 effective transition from school to a high-skill, 

8 high-wage career; 

9 ‘‘(J) programs designed to encourage and 

10 assist Indian students to work toward, and gain 

11 entrance into, an institution of higher education; 

12 ‘‘(K) family literacy services; 

13 ‘‘(L) activities that recognize and support 

14 the unique cultural and educational needs of In15 dian children, and incorporate appropriately 

16 qualified tribal elders and seniors; 

17 ‘‘(M) high quality professional development 

18 of teaching professionals and paraprofessionals; 

19 or 

20 ‘‘(N) other services that meet the purpose 

21 described in this section. 

22 ‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.— 

23 ‘‘(1) GRANT REQUIREMENTS.— 

24 ‘‘(A) IN GENERAL.—The Secretary may 

25 make multiyear grants under subsection (c) for 
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1 the planning, development, pilot operation, or 

2 demonstration of any activity described in sub3 section (c) for a period not to exceed 5 years. 

4 ‘‘(B) PRIORITY.—In making multiyear 

5 grants described in this paragraph, the Secretary 

6 shall give priority to entities submitting applica7 tions that present a plan for combining two or 

8 more of the activities described in subsection (c) 

9 over a period of more than 1 year. 

10 ‘‘(C) PROGRESS.—The Secretary shall make 

11 a grant payment for a grant described in this 

12 paragraph to an eligible entity after the initial 

13 year of the multiyear grant only if the Secretary 

14 determines that the eligible entity has made sub15 stantial progress in carrying out the activities 

16 assisted under the grant in accordance with the 

17 application submitted under paragraph (3) and 

18 any subsequent modifications to such applica19 tion. 

20 ‘‘(2) DISSEMINATION GRANTS.— 

21 ‘‘(A) IN GENERAL.—In addition to award22 ing the multiyear grants described in paragraph 

23 (1), the Secretary may award grants under sub24 section (c) to eligible entities for the dissemina-
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1 tion of exemplary materials or programs assisted 

2 under this section. 

3 ‘‘(B) DETERMINATION.—The Secretary may 

4 award a dissemination grant described in this 

5 paragraph if, prior to awarding the grant, the 

6 Secretary determines that the material or pro7 gram to be disseminated— 

8 ‘‘(i) has been adequately reviewed; 

9 ‘‘(ii) has demonstrated educational 

10 merit; and 

11 ‘‘(iii) can be replicated. 

12 ‘‘(3) APPLICATION.— 

13 ‘‘(A) IN GENERAL.—Any eligible entity that 

14 desires to receive a grant under this section shall 

15 submit an application to the Secretary at such 

16 time and in such manner as the Secretary may 

17 reasonably require. 

18 ‘‘(B) CONTENTS.—Each application sub19 mitted to the Secretary under subparagraph (A), 

20 other than an application for a dissemination 

21 grant under paragraph (2), shall contain— 

22 ‘‘(i) a description of how parents of In23 dian children and representatives of Indian 

24 tribes have been, and will be, involved in 
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1 developing and implementing the activities 

2 for which assistance is sought; 

3 ‘‘(ii) assurances that the applicant will 

4 participate, at the request of the Secretary, 

5 in any national evaluation of activities as6 sisted under this section; 

7 ‘‘(iii) information demonstrating that 

8 the proposed program for the activities is a 

9 scientifically based research program, where 

10 applicable, which may include a program 

11 that has been modified to be culturally ap12 propriate for students who will be served; 

13 ‘‘(iv) a description of how the appli14 cant will incorporate the proposed activities 

15 into the ongoing school program involved 

16 once the grant period is over; and 

17 ‘‘(v) such other assurances and infor18 mation as the Secretary may reasonably re19 quire. 

20 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per21 cent of the funds provided to a grantee under this subpart 

22 for any fiscal year may be used for administrative pur23 poses. 
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1 ‘‘SEC. 5122. PROFESSIONAL DEVELOPMENT FOR TEACHERS 

2 AND EDUCATION PROFESSIONALS. 

3 ‘‘(a) PURPOSES.—The purposes of this section are— 

4 ‘‘(1) to increase the number of qualified Indian 

5 and Alaska Native teachers and administrators serv6 ing Indian and Alaska Native students; 

7 ‘‘(2) to provide training to qualified Indian and 

8 Alaska Native individuals to become educators and 

9 education support service professionals; and 

10 ‘‘(3) to improve the skills of qualified Indian in11 dividuals who serve in the capacities described in 

12 paragraph (2). 

13 ‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this sec14 tion, the term ‘eligible entity’ means— 

15 ‘‘(1) an institution of higher education, includ16 ing an Indian institution of higher education; 

17 ‘‘(2) a State educational agency or local edu18 cational agency, in consortium with an institution of 

19 higher education; 

20 ‘‘(3) an Indian tribe or organization, in consor21 tium with an institution of higher education; and 

22 ‘‘(4) a Bureau-funded school (as defined in sec23 tion 1146 of the Education Amendments of 1978). 

24 ‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au25 thorized to award grants to eligible entities having applica-
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1 tions approved under this section to enable those entities 

2 to carry out the activities described in subsection (d). 

3 ‘‘(d) AUTHORIZED ACTIVITIES.— 

4 ‘‘(1) IN GENERAL.—Grant funds under this sec5 tion shall be used for activities to provide support 

6 and training for Indian individuals in a manner 

7 consistent with the purposes of this section. Such ac8 tivities may include continuing programs, symposia, 

9 workshops, conferences, and direct financial support, 

10 and may include programs designed to train tribal 

11 elders and seniors. 

12 ‘‘(2) SPECIAL RULES.— 

13 ‘‘(A) TYPE OF TRAINING.—For education 

14 personnel, the training received pursuant to a 

15 grant under this section may be inservice or 

16 preservice training. 

17 ‘‘(B) PROGRAM.—For individuals who are 

18 being trained to enter any field other than teach19 ing, the training received pursuant to a grant 

20 under this section shall be in a program that re21 sults in a graduate degree. 

22 ‘‘(e) APPLICATION.—Each eligible entity desiring a 

23 grant under this section shall submit an application to the 

24 Secretary at such time, in such manner, and accompanied 
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1 by such information, as the Secretary may reasonably re2 quire. 

3 ‘‘(f) SPECIAL RULE.—In awarding grants under this 

4 section, the Secretary— 

5 ‘‘(1) shall consider the prior performance of the 

6 eligible entity; and 

7 ‘‘(2) may not limit eligibility to receive a grant 

8 under this section on the basis of— 

9 ‘‘(A) the number of previous grants the Sec10 retary has awarded such entity; or 

11 ‘‘(B) the length of any period during which 

12 such entity received such grants. 

13 ‘‘(g) GRANT PERIOD.—Each grant under this section 

14 shall be awarded for a period of not more than 5 years. 

15 ‘‘(h) SERVICE OBLIGATION.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall require, 

17 by regulation, that an individual who receives train18 ing pursuant to a grant made under this section— 

19 ‘‘(A) perform work— 

20 ‘‘(i) related to the training received 

21 under this section; and 

22 ‘‘(ii) that benefits Indian people; or 

23 ‘‘(B) repay all or a prorated part of the as24 sistance received. 
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1 ‘‘(2) REPORTING.—The Secretary shall establish, 

2 by regulation, a reporting procedure under which a 

3 grant recipient under this section shall, not later than 

4 12 months after the date of completion of the train5 ing, and periodically thereafter, provide information 

6 concerning compliance with the work requirement 

7 under paragraph (1). 

8 ‘‘SEC. 5123. TRIBAL EDUCATION AGENCIES COOPERATIVE 

9 AGREEMENTS. 

10 ‘‘(a) PURPOSE.—Tribes may enter into written cooper11 ative agreements with the State educational agency and the 

12 local educational agencies operating a school or schools 

13 within Indian lands. For purposes of this section, the term 

14 ‘Indian land’ has the meaning given that term in section 

15 8013. 

16 ‘‘(b) COOPERATIVE AGREEMENT.—If requested by the 

17 Indian tribe, the State educational agency or the local edu18 cational agency may enter into a cooperative agreement 

19 with the Indian tribe. Such cooperative agreement— 

20 ‘‘(1) may authorize the tribe or such tribe’s re21 spective tribal education agency to plan, conduct, con22 solidate, and administer programs, services, func23 tions, and activities, or portions thereof, administered 

24 by the State educational agency or the local edu25 cational agency; 
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1 ‘‘(2) may authorize the tribe or such tribe’s re2 spective tribal education agency to reallocate funds 

3 for such programs, services, functions, and activities, 

4 or portions thereof as necessary; and 

5 ‘‘(3) shall— 

6 ‘‘(A) only confer the tribe or such tribe’s re7 spective tribal education agency with responsibil8 ities to conduct activities described in paragraph 

9 (1) such that the burden assumed by the tribe or 

10 the tribal education agency for conducting such 

11 is commensurate with the benefit that doing so 

12 conveys to all parties of the agreement; and 

13 ‘‘(B) be based solely on terms of the written 

14 agreement decided upon by the Indian tribe and 

15 the State educational agency or local education 

16 agency. 

17 ‘‘(c) DISAGREEMENT.—Agreements shall only be valid 

18 if the Indian tribe and State educational agency or local 

19 educational agency agree fully in writing to all of the terms 

20 of the written cooperative agreement. 

21 ‘‘(d) COMPLIANCE WITH APPLICABLE LAW.—Nothing 

22 in this section shall be construed to relieve any party to 

23 a cooperative agreement from complying with all applicable 

24 Federal, State, local laws. State and local educational agen25 cies are still the ultimate responsible, liable parties for com-
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1 plying with all laws and funding requirements for any 

2 functions that are conveyed to tribes and tribal education 

3 agencies through the cooperative agreements. 

4 ‘‘(e) DEFINITION.—For the purposes of this subpart, 

5 the term ‘Indian Tribe’ means any tribe or band that is 

6 officially recognized by the Secretary of the Interior. 

7 ‘‘Subpart 3—National Activities 

8 ‘‘SEC. 5131. NATIONAL RESEARCH ACTIVITIES. 

9 ‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may 

10 use funds made available to carry out this subpart for each 

11 fiscal year to— 

12 ‘‘(1) conduct research related to effective ap13 proaches for improving the academic achievement and 

14 development of Indian and Alaska Native children 

15 and adults; 

16 ‘‘(2) collect and analyze data on the educational 

17 status and needs of Indian and Alaska Native stu18 dents; and 

19 ‘‘(3) carry out other activities that are consistent 

20 with the purpose of this part. 

21 ‘‘(b) ELIGIBILITY.—The Secretary may carry out any 

22 of the activities described in subsection (a) directly or 

23 through grants to, or contracts or cooperative agreements 

24 with, Indian tribes, Indian organizations, State edu25 cational agencies, local educational agencies, institutions of 
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1 higher education, including Indian institutions of higher 

2 education, and other public and private agencies and insti3 tutions. 

4 ‘‘(c) COORDINATION.—Research activities supported 

5 under this section— 

6 ‘‘(1) shall be coordinated with appropriate offices 

7 within the Department; and 

8 ‘‘(2) may include collaborative research activities 

9 that are jointly funded and carried out by the Office 

10 of Indian Education Programs, the Office of Edu11 cational Research and Improvement, the Bureau of 

12 Indian Education, and the Institute of Education 

13 Sciences. 

14 ‘‘SEC. 5132. IMPROVEMENT OF ACADEMIC SUCCESS FOR 

15 STUDENTS THROUGH NATIVE AMERICAN 

16 LANGUAGE. 

17 ‘‘(a) PURPOSE.—It is the purpose of this section to im18 prove educational opportunities and academic achievement 

19 of Indian and Alaska Native students through Native Amer20 ican language programs and to foster the acquisition of Na21 tive American language. 

22 ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this sec23 tion, the term ‘eligible entity’ means a State educational 

24 agency, local educational agency, Indian tribe, Indian or25 ganization, federally supported elementary school or sec-
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1 ondary school for Indian students, Indian institution (in2 cluding an Indian institution of higher education), or a 

3 consortium of such entities. 

4 ‘‘(c) GRANTS AUTHORIZED.—The Secretary shall 

5 award grants to eligible entities to enable such entities to 

6 carry out the following activities: 

7 ‘‘(1) Native American language programs that— 

8 ‘‘(A) provide instruction through the use of 

9 a Native American language for not less than 10 

10 children for an average of not less than 500 

11 hours per year per student; 

12 ‘‘(B) provide for the involvement of parents, 

13 caregivers, and families of students enrolled in 

14 the program; 

15 ‘‘(C) utilize, and may include the develop16 ment of, instructional courses and materials for 

17 learning Native American languages and for in18 struction through the use of Native American 

19 languages; 

20 ‘‘(D) provide support for professional devel21 opment activities; and 

22 ‘‘(E) include a goal of all students achiev23 ing— 

24 ‘‘(i) fluency in a Native American lan25 guage; and 
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1 ‘‘(ii) academic proficiency in mathe2 matics, English, reading or language arts, 

3 and science. 

4 ‘‘(2) Native American language restoration pro5 grams that— 

6 ‘‘(A) provide instruction in not less than 1 

7 Native American language; 

8 ‘‘(B) provide support for professional devel9 opment activities for teachers of Native Amer10 ican languages; 

11 ‘‘(C) develop instructional materials for the 

12 programs; and 

13 ‘‘(D) include the goal of increasing pro14 ficiency and fluency in not less than 1 Native 

15 American language. 

16 ‘‘(d) APPLICATION.— 

17 ‘‘(1) IN GENERAL.—An eligible entity that de18 sires to receive a grant under this section shall submit 

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

20 manner, and accompanied by such information as the 

21 Secretary may require. 

22 ‘‘(2) CERTIFICATION.—An eligible entity that 

23 submits an application for a grant to carry out the 

24 activity specified in subsection (c)(1), shall include in 

25 such application a certification that assures that such 
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1 entity has experience and a demonstrated record of ef2 fectiveness in operating and administering a Native 

3 American language program or any other educational 

4 program in which instruction is conducted in a Na5 tive American language. 

6 ‘‘(e) GRANT DURATION.—The Secretary shall make 

7 grants under this section only on a multi-year basis. Each 

8 such grant shall be for a period not to exceed 5 years. 

9 ‘‘(f) DEFINITION.—In this section, the term ‘average’ 

10 means the aggregate number of hours of instruction through 

11 the use of a Native American language to all students en12 rolled in a Native American language program during a 

13 school year divided by the total number of students enrolled 

14 in the program. 

15 ‘‘(g) ADMINISTRATIVE COSTS.— 

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), not more than 5 percent of the funds pro18 vided to a grantee under this section for any fiscal 

19 year may be used for administrative purposes. 

20 ‘‘(2) EXCEPTION.—An elementary school or sec21 ondary school for Indian students that receives funds 

22 from a recipient of a grant under subsection (c) for 

23 any fiscal year may use not more than 10 percent of 

24 the funds for administrative purposes. 
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1 ‘‘SEC. 5133. GRANTS TO TRIBES FOR EDUCATION ADMINIS2 TRATIVE PLANNING AND DEVELOPMENT. 

3 ‘‘(a) IN GENERAL.—The Secretary may make grants 

4 to Indian tribes, and tribal organizations approved by In5 dian tribes, to plan and develop a centralized tribal admin6 istrative entity to— 

7 ‘‘(1) coordinate all education programs operated 

8 by the tribe or within the territorial jurisdiction of 

9 the tribe; 

10 ‘‘(2) develop education codes for schools within 

11 the territorial jurisdiction of the tribe; 

12 ‘‘(3) provide support services and technical as13 sistance to schools serving children of the tribe; and 

14 ‘‘(4) perform child-find screening services for the 

15 preschool-aged children of the tribe to— 

16 ‘‘(A) ensure placement in appropriate edu17 cational facilities; and 

18 ‘‘(B) coordinate the provision of any needed 

19 special services for conditions such as disabilities 

20 and English language skill deficiencies. 

21 ‘‘(b) PERIOD OF GRANT.—Each grant awarded under 

22 this section may be awarded for a period of not more than 

23 3 years. Such grant may be renewed upon the termination 

24 of the initial period of the grant if the grant recipient dem25 onstrates to the satisfaction of the Secretary that renewing 

26 the grant for an additional 3-year period is necessary to 
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1 carry out the objectives of the grant described in subsection 

2 (c)(2)(A). 

3 ‘‘(c) APPLICATION FOR GRANT.— 

4 ‘‘(1) IN GENERAL.—Each Indian tribe and tribal 

5 organization desiring a grant under this section shall 

6 submit an application to the Secretary at such time, 

7 in such manner, containing such information, and 

8 consistent with such criteria, as the Secretary may 

9 prescribe in regulations. 

10 ‘‘(2) CONTENTS.—Each application described in 

11 paragraph (1) shall contain— 

12 ‘‘(A) a statement describing the activities to 

13 be conducted, and the objectives to be achieved, 

14 under the grant; and 

15 ‘‘(B) a description of the method to be used 

16 for evaluating the effectiveness of the activities 

17 for which assistance is sought and for deter18 mining whether such objectives are achieved. 

19 ‘‘(3) APPROVAL.—The Secretary may approve an 

20 application submitted by a tribe or tribal organiza21 tion pursuant to this section only if the Secretary is 

22 satisfied that such application, including any docu23 mentation submitted with the application— 

24 ‘‘(A) demonstrates that the applicant has 

25 consulted with other education entities, if any, 
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1 within the territorial jurisdiction of the appli2 cant who will be affected by the activities to be 

3 conducted under the grant; 

4 ‘‘(B) provides for consultation with such 

5 other education entities in the operation and 

6 evaluation of the activities conducted under the 

7 grant; and 

8 ‘‘(C) demonstrates that there will be ade9 quate resources provided under this section or 

10 from other sources to complete the activities for 

11 which assistance is sought, except that the avail12 ability of such other resources shall not be a 

13 basis for disapproval of such application. 

14 ‘‘(d) RESTRICTION.—A tribe may not receive funds 

15 under this section if such tribe receives funds under section 

16 1144 of the Education Amendments of 1978. 

17 ‘‘Subpart 4—Federal Administration 

18 ‘‘SEC. 5141. NATIONAL ADVISORY COUNCIL ON INDIAN EDU19 CATION. 

20 ‘‘(a) MEMBERSHIP.—There is established a National 

21 Advisory Council on Indian Education (hereafter in this 

22 section referred to as the ‘Council’), which shall— 

23 ‘‘(1) consist of 15 Indian members, who shall be 

24 appointed by the President from lists of nominees fur-
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1 nished, from time to time, by Indian tribes and orga2 nizations; and 

3 ‘‘(2) represent different geographic areas of the 

4 United States. 

5 ‘‘(b) DUTIES.—The Council shall— 

6 ‘‘(1) advise the Secretary concerning the funding 

7 and administration (including the development of 

8 regulations and administrative policies and practices) 

9 of any program, including any program established 

10 under this part— 

11 ‘‘(A) with respect to which the Secretary has 

12 jurisdiction; and 

13 ‘‘(B)(i) that includes Indian children or 

14 adults as participants; or 

15 ‘‘(ii) that may benefit Indian children or 

16 adults; 

17 ‘‘(2) make recommendations to the Secretary for 

18 filling the position of Director of Indian Education 

19 whenever a vacancy occurs; and 

20 ‘‘(3) submit to Congress, not later than June 30 

21 of each year, a report on the activities of the Council, 

22 including— 

23 ‘‘(A) any recommendations that the Council 

24 considers appropriate for the improvement of 

25 Federal education programs that include Indian 
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1 children or adults as participants, or that may 

2 benefit Indian children or adults; and 

3 ‘‘(B) recommendations concerning the fund4 ing of any program described in subparagraph 

5 (A). 

6 ‘‘SEC. 5142. PEER REVIEW. 

7 ‘‘The Secretary may use a peer review process to re8 view applications submitted to the Secretary under subpart 

9 2 or subpart 3. 

10 ‘‘SEC. 5143. PREFERENCE FOR INDIAN APPLICANTS. 

11 ‘‘In making grants and entering into contracts or co12 operative agreements under subpart 2 or subpart 3, the Sec13 retary shall give a preference to Indian tribes, organiza14 tions, and institutions of higher education under any pro15 gram with respect to which Indian tribes, organizations, 

16 and institutions are eligible to apply for grants, contracts, 

17 or cooperative agreements. 

18 ‘‘SEC. 5144. MINIMUM GRANT CRITERIA. 

19 ‘‘The Secretary may not approve an application for 

20 a grant, contract, or cooperative agreement under subpart 

21 2 or subpart 3 unless the application is for a grant, con22 tract, or cooperative agreement that is— 

23 ‘‘(1) of sufficient size, scope, and quality to 

24 achieve the purpose or objectives of such grant, con25 tract, or cooperative agreement; and 
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1 ‘‘(2) based on relevant research findings. 

2 ‘‘Subpart 5—Definitions; Authorizations of 

3 Appropriations 

4 ‘‘SEC. 5151. DEFINITIONS. 

5 ‘‘For the purposes of this part: 

6 ‘‘(1) ADULT.—The term ‘adult’ means an indi7 vidual who— 

8 ‘‘(A) has attained the age of 16 years; or 

9 ‘‘(B) has attained an age that is greater 

10 than the age of compulsory school attendance 

11 under an applicable State law. 

12 ‘‘(2) FREE PUBLIC EDUCATION.—The term ‘free 

13 public education’ means education that is— 

14 ‘‘(A) provided at public expense, under pub15 lic supervision and direction, and without tui16 tion charge; and 

17 ‘‘(B) provided as elementary or secondary 

18 education in the applicable State or to preschool 

19 children. 

20 ‘‘(3) INDIAN.—The term ‘Indian’ means an indi21 vidual who is— 

22 ‘‘(A) a member of an Indian tribe or band, 

23 as membership is defined by the tribe or band, 

24 including— 
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1 ‘‘(i) any tribe or band terminated since 

2 1940; and 

3 ‘‘(ii) any tribe or band recognized by 

4 the State in which the tribe or band resides; 

5 ‘‘(B) a descendant, in the first or second de6 gree, of an individual described in subparagraph 

7 (A); 

8 ‘‘(C) considered by the Secretary of the Inte9 rior to be an Indian for any purpose; 

10 ‘‘(D) an Alaska Native, as defined in sec11 tion 5206(1); or 

12 ‘‘(E) a member of an organized Indian 

13 group that received a grant under the Indian 

14 Education Act of 1988 as in effect the day pre15 ceding the date of the enactment of the Improv16 ing America’s Schools Act of 1994. 

17 ‘‘(4) ALASKA NATIVE ORGANIZATION.—The term 

18 ‘Alaska Native Organization’ has the same meaning 

19 as defined in section 5206(2). 

20 ‘‘SEC. 5152. AUTHORIZATIONS OF APPROPRIATIONS. 

21 ‘‘(a) SUBPART 1.—For the purpose of carrying out 

22 subpart 1, there are authorized to be appropriated 

23 $105,921,000 for each of fiscal years 2016 through 2019. 

24 ‘‘(b) SUBPARTS 2 AND 3.—For the purpose of carrying 

25 out subparts 2 and 3, there are authorized to be appro-
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1 priated $24,858,000 for each of fiscal years 2016 through 

2 2019. 

3 ‘‘PART B—ALASKA NATIVE EDUCATION 

4 ‘‘SEC. 5201. SHORT TITLE. 

5 ‘‘This part may be cited as the ‘Alaska Native Edu6 cational Equity, Support, and Assistance Act’. 

7 ‘‘SEC. 5202. FINDINGS. 

8 ‘‘Congress finds and declares the following: 

9 ‘‘(1) It is the policy of the Federal Government 

10 to maximize the leadership of and participation by 

11 Alaska Natives in the planning and the management 

12 of Alaska Native education programs and to support 

13 efforts developed by and undertaken within the Alaska 

14 Native community to improve educational oppor15 tunity for all students. 

16 ‘‘(2) Many Alaska Native children enter and exit 

17 school with serious educational disadvantages. 

18 ‘‘(3) Overcoming the magnitude of the geographic 

19 challenges, historical inequities, and other barriers to 

20 successfully improving educational outcomes for Alas21 ka Native students in rural, village, and urban set22 tings is challenging. Significant disparities between 

23 academic achievement of Alaska Native students and 

24 non-Native students continues, including lower grad-
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1 uation rates, increased school dropout rates, and 

2 lower achievement scores on standardized tests. 

3 ‘‘(4) The preservation of Alaska Native cultures 

4 and languages and the integration of Alaska Native 

5 cultures and languages into education, positive iden6 tity development for Alaska Native students, and 

7 local, place-based, and culture-based programming 

8 are critical to the attainment of educational success 

9 and the long-term well-being of Alaska Native stu10 dents. 

11 ‘‘(5) Improving educational outcomes for Alaska 

12 Native students increases access to employment oppor13 tunities. 

14 ‘‘(6) The programs and activities authorized 

15 under this part give priority to Alaska Native organi16 zations as a means of increasing Alaska Native par17 ents’ and community involvement in the promotion of 

18 academic success of Alaska Native students. 

19 ‘‘(7) The Federal Government should lend sup20 port to efforts developed by and undertaken within the 

21 Alaska Native community to improve educational op22 portunity for Alaska Native students. In 1983, pursu23 ant to Public Law 98–63, Alaska ceased to receive 

24 educational funding from the Bureau of Indian Af25 fairs. The Bureau of Indian Education does not oper-
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1 ate any schools in Alaska, nor operate or fund Alaska 

2 Native education programs. The program under this 

3 part supports the Federal trust responsibility of the 

4 United States to Alaska Natives. 

5 ‘‘SEC. 5203. PURPOSES. 

6 ‘‘The purposes of this part are as follows: 

7 ‘‘(1) To recognize and address the unique edu8 cational needs of Alaska Natives. 

9 ‘‘(2) To recognize the role of Alaska Native lan10 guages and cultures in the educational success and 

11 long-term well-being of Alaska Native students. 

12 ‘‘(3) To integrate Alaska Native cultures and 

13 languages into education, develop Alaska Native stu14 dents’ positive identity, and support local place-based 

15 and culture-based curriculum and programming. 

16 ‘‘(4) To authorize the development, management, 

17 and expansion of effective supplemental educational 

18 programs to benefit Alaska Natives. 

19 ‘‘(5) To provide direction and guidance to ap20 propriate Federal, State, and local agencies to focus 

21 resources, including resources made available under 

22 this part, on meeting the educational needs of Alaska 

23 Natives. 

24 ‘‘(6) To ensure the maximum participation by 

25 Alaska Native educators and leaders in the planning, 
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1 development, management, and evaluation of pro2 grams designed to serve Alaska Natives students, and 

3 to ensure Alaska Native organizations play a mean4 ingful role in supplemental educational services pro5 vided to Alaska Native students. 

6 ‘‘SEC. 5204. PROGRAM AUTHORIZED. 

7 ‘‘(a) GENERAL AUTHORITY.— 

8 ‘‘(1) GRANTS AND CONTRACTS.—The Secretary is 

9 authorized to make grants to, or enter into contracts 

10 with, Alaska Native organizations, State educational 

11 agencies, local educational agencies, educational enti12 ties with experience in developing or operating Alaska 

13 Native educational programs or programs of instruc14 tion conducted in Alaska Native languages, cultural 

15 and community-based organizations with experience 

16 in developing or operating programs to benefit the 

17 educational needs of Alaska Natives, and consortia of 

18 organizations and entities described in this para19 graph, to carry out programs that meet the purposes 

20 of this part. 

21 ‘‘(2) ADDITIONAL REQUIREMENT.—A State edu22 cational agency, local educational agency, educational 

23 entity with experience in developing or operating 

24 Alaska Native educational programs or programs of 

25 instruction conducted in Alaska Native languages, 
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1 cultural and community-based organization with ex2 perience in developing or operating programs to ben3 efit the educational needs of Alaska Natives, or con4 sortium of such organizations and entities is eligible 

5 for an award under this part only as part of a part6 nership involving an Alaska Native organization. 

7 ‘‘(3) MANDATORY ACTIVITIES.—Activities pro8 vided through the programs carried out under this 

9 part shall include the following which shall only be 

10 provided specifically in the context of elementary and 

11 secondary education: 

12 ‘‘(A) The development and implementation 

13 of plans, methods, and strategies to improve the 

14 educational outcomes of Alaska Native people. 

15 ‘‘(B) The collection of data to assist in the 

16 evaluation of the programs carried out under 

17 this part. 

18 ‘‘(4) PERMISSIBLE ACTIVITIES.—Activities pro19 vided through programs carried out under this part 

20 may include the following which shall only be pro21 vided specifically in the context of elementary and 

22 secondary education: 

23 ‘‘(A) The development of curricula and pro24 grams that address the educational needs of Alas25 ka Native students, including the following: 
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1 ‘‘(i) Curriculum materials that reflect 

2 the cultural diversity, languages, history, or 

3 the contributions of Alaska Native people. 

4 ‘‘(ii) Instructional programs that make 

5 use of Alaska Native languages and cul6 tures. 

7 ‘‘(iii) Networks that develop, test, and 

8 disseminate best practices and introduce 

9 successful programs, materials, and tech10 niques to meet the educational needs of 

11 Alaska Native students in urban and rural 

12 schools. 

13 ‘‘(B) Training and professional development 

14 activities for educators, including the following: 

15 ‘‘(i) Pre-service and in-service training 

16 and professional development programs to 

17 prepare teachers to develop appreciation for, 

18 and understanding of, Alaska Native his19 tory, cultures, values, ways of knowing and 

20 learning in order to effectively address the 

21 cultural diversity and unique needs of Alas22 ka Native students. 

23 ‘‘(ii) Recruitment and preparation of 

24 teachers who are Alaska Native. 
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1 ‘‘(iii) Programs that will lead to the 

2 certification and licensing of Alaska Native 

3 teachers, principals, and superintendents. 

4 ‘‘(C) The development and operation of stu5 dent enrichment programs, including those in 

6 science, technology, engineering, and mathe7 matics that— 

8 ‘‘(i) are designed to prepare Alaska 

9 Native students to excel in such subjects; 

10 ‘‘(ii) provide appropriate support serv11 ices to enable such students to benefit from 

12 the programs; and 

13 ‘‘(iii) include activities that recognize 

14 and support the unique cultural and edu15 cational needs of Alaska Native children, 

16 and incorporate appropriately qualified 

17 Alaska Native elders and other tradition 

18 bearers. 

19 ‘‘(D) Research and data collection activities 

20 to determine the educational status and needs of 

21 Alaska Native children and other research and 

22 evaluation activities related to programs carried 

23 out under this part. 

24 ‘‘(E) Activities designed to increase the 

25 graduation rates of Alaska Native students and 
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1 prepare Alaska Native students to be college and 

2 career ready upon graduation from secondary 

3 school, such as— 

4 ‘‘(i) remedial and enrichment pro5 grams; and 

6 ‘‘(ii) culturally based education pro7 grams, such as— 

8 ‘‘(I) programs of study and other 

9 instruction in Alaska Native history 

10 and way of living, to share the rich 

11 and diverse cultures of Alaska Native 

12 peoples among Alaska Native youth 

13 and elders, non-Native students, teach14 ers, and the larger community; 

15 ‘‘(II) instruction in leadership, 

16 communication, Native culture, arts, 

17 and languages to Alaska Native youth; 

18 ‘‘(III) instruction in Alaska Na19 tive history and ways of living to stu20 dents and teachers in the local school 

21 district; 

22 ‘‘(IV) intergenerational learning 

23 and internship opportunities to Alaska 

24 Native youth and young adults; and 
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1 ‘‘(V) providing cultural immer2 sion activities aimed at Alaska Native 

3 cultural preservation. 

4 ‘‘(F) Statewide on-site exchange programs, 

5 for both students and teachers, that work to fa6 cilitate cultural relationships between urban and 

7 rural Alaskans to build mutual respect and un8 derstanding, and foster a statewide sense of com9 mon identity through host family, school, and 

10 community cross-cultural immersion. 

11 ‘‘(G) Education programs for at-risk urban 

12 Alaska Native students in kindergarten through 

13 grade 12 that are designed to improve academic 

14 proficiency and graduation rates, utilize strate15 gies otherwise permissible under this part, and 

16 incorporate a strong data collection and contin17 uous evaluation component. 

18 ‘‘(H) Statewide programs that provide tech19 nical assistance and support to schools and com20 munities to engage adults in promoting the aca21 demic progress and overall well-being of Alaska 

22 Native people through child and youth develop23 ment, positive youth-adult relationships, im24 proved conditions for learning (school climate, 

25 student connection to school and community), 
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1 and increased connections between schools and 

2 families. 

3 ‘‘(I) Career preparation activities to enable 

4 Alaska Native children and adults to prepare for 

5 meaningful employment, including programs 

6 providing tech-prep, mentoring, training, and 

7 apprenticeship activities. 

8 ‘‘(J) Support for the development and oper9 ational activities of regional vocational schools 

10 in rural areas of Alaska to provide students with 

11 necessary resources to prepare for skilled employ12 ment opportunities. 

13 ‘‘(K) Regional leadership academies that 

14 demonstrate effectiveness in building respect, un15 derstanding, and fostering a sense of Alaska Na16 tive identity to promote their pursuit of and suc17 cess in completing higher education or career 

18 training. 

19 ‘‘(L) Strategies designed to increase the in20 volvement of parents in their children’s edu21 cation. 

22 ‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not 

23 more than 5 percent of funds provided to an award recipi24 ent under this part for any fiscal year may be used for 

25 administrative purposes. 
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1 ‘‘(c) PRIORITIES.—In awarding grants or contracts to 

2 carry out activities described in this subpart, the Secretary 

3 shall give priority to applications from Alaska Native Or4 ganizations. Such priority shall be explicitly delineated in 

5 the Secretary’s process for evaluating applications and ap6 plied consistently and transparently to all applications 

7 from Alaska Native Organizations. 

8 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to carry out this part 

10 $33,185,000 for each of fiscal years 2016 through 2019. 

11 ‘‘SEC. 5205. ADMINISTRATIVE PROVISIONS. 

12 ‘‘(a) APPLICATION REQUIRED.— 

13 ‘‘(1) IN GENERAL.—No grant may be made 

14 under this part, and no contract may be entered into 

15 under this part, unless the Alaska Native organiza16 tion or entity seeking the grant or contract submits 

17 an application to the Secretary in such form, in such 

18 manner, and containing such information as the Sec19 retary may determine necessary to carry out the pro20 visions of this part. 

21 ‘‘(2) REQUIREMENT FOR CERTAIN APPLICANTS.— 

22 An applicant described in section 5204(a)(2) shall, in 

23 the application submitted under this paragraph— 

24 ‘‘(A) demonstrate that an Alaska Native or25 ganization was directly involved in the develop-
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1 ment of the program for which the application 

2 seeks funds and explicitly delineate the meaning3 ful role that the Alaska Native organization will 

4 play in the implementation and evaluation of 

5 the program for which funding is sought; and 

6 ‘‘(B) provide a copy of the Alaska Native 

7 organization’s governing document. 

8 ‘‘(b) CONSULTATION REQUIRED.—Each applicant for 

9 an award under this part shall provide for ongoing advice 

10 from and consultation with representatives of the Alaska 

11 Native community. 

12 ‘‘(c) LOCAL EDUCATIONAL AGENCY COORDINATION.— 

13 Each applicant for an award under this part shall inform 

14 each local educational agency serving students who would 

15 participate in the program to be carried out under the 

16 grant or contract about the application. 

17 ‘‘(d) CONTINUATION AWARDS.—An applicant de18 scribed in section 5204(a)(2) that receives funding under 

19 this part shall periodically demonstrate to the Secretary, 

20 during the term of the award, that the applicant is con21 tinuing to meet the requirements of subsection (a)(2)(A). 

22 ‘‘SEC. 5206. DEFINITIONS. 

23 ‘‘In this part: 

24 ‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ 

25 has the same meaning as the term ‘Native’ has in sec-
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1 tion 3(b) of the Alaska Native Claims Settlement Act 

2 and their descendants. 

3 ‘‘(2) ALASKA NATIVE ORGANIZATION.—The term 

4 ‘Alaska Native organization’ means a federally recog5 nized tribe, consortium of tribes, regional nonprofit 

6 Native association, and an organization, that— 

7 ‘‘(A) has or commits to acquire expertise in 

8 the education of Alaska Natives; and 

9 ‘‘(B) has Alaska Native people in sub10 stantive and policymaking positions within the 

11 organization. 

12 ‘‘PART C—NATIVE HAWAIIAN EDUCATION 

13 ‘‘SEC. 5301. FINDINGS. 

14 ‘‘Congress finds the following: 

15 ‘‘(1) Native Hawaiians are a distinct and 

16 unique indigenous people with a historical continuity 

17 to the original inhabitants of the Hawaiian archi18 pelago, whose society was organized as a nation and 

19 internationally recognized as a nation by the United 

20 States, and many other countries. 

21 ‘‘(2) Native Hawaiians have a cultural, historic, 

22 and land-based link to the indigenous people who ex23 ercised sovereignty over the Hawaiian Islands. 
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1 ‘‘(3) The political status of Native Hawaiians is 

2 comparable to that of American Indians and Alaska 

3 Natives. 

4 ‘‘(4) The political relationship between the 

5 United States and the Native Hawaiian people has 

6 been recognized and reaffirmed by the United States, 

7 as evidenced by the inclusion of Native Hawaiians in 

8 many Federal statutes, including— 

9 ‘‘(A) the Native American Programs Act of 

10 1974 (42 U.S.C. 2991 et seq.); 

11 ‘‘(B) Public Law 95–341 (commonly known 

12 as the ‘American Indian Religious Freedom Act’ 

13 (42 U.S.C. 1996)); 

14 ‘‘(C) the National Museum of the American 

15 Indian Act (20 U.S.C. 80q et seq.); 

16 ‘‘(D) the Native American Graves Protec17 tion and Repatriation Act (25 U.S.C. 3001 et 

18 seq.); 

19 ‘‘(E) the National Historic Preservation Act 

20 (16 U.S.C. 470 et seq.); 

21 ‘‘(F) the Native American Languages Act 

22 (25 U.S.C. 2901 et seq.); 

23 ‘‘(G) the American Indian, Alaska Native, 

24 and Native Hawaiian Culture and Art Develop25 ment Act (20 U.S.C. 4401 et seq.); 
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1 ‘‘(H) the Workforce Investment Act of 1998 

2 (29 U.S.C. 2801 et seq.); and 

3 ‘‘(I) the Older Americans Act of 1965 (42 

4 U.S.C. 3001 et seq.). 

5 ‘‘(5) Many Native Hawaiian students lag behind 

6 other students in terms of— 

7 ‘‘(A) school readiness factors; 

8 ‘‘(B) scoring below national norms on edu9 cation achievement tests at all grade levels; 

10 ‘‘(C) underrepresentation in the uppermost 

11 achievement levels and in gifted and talented 

12 programs; 

13 ‘‘(D) overrepresentation among students 

14 qualifying for special education programs; 

15 ‘‘(E) underrepresentation in institutions of 

16 higher education and among adults who have 

17 completed 4 or more years of college. 

18 ‘‘(6) The percentage of Native Hawaiian stu19 dents served by the State of Hawaii Department of 

20 Education rose 30 percent from 1980 to 2008, and 

21 there are and will continue to be geographically rural, 

22 isolated areas with a high Native Hawaiian popu23 lation density. 

24 ‘‘(7) The Native Hawaiian people are deter25 mined to preserve, develop, and transmit to future 
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1 generations their ancestral territory and their cul2 tural identity in accordance with their own spiritual 

3 and traditional beliefs, customs, practices, language, 

4 and social institutions. 

5 ‘‘SEC. 5302. PURPOSES. 

6 ‘‘The purposes of this part are— 

7 ‘‘(1) to authorize, develop, implement, assess, and 

8 evaluate innovative educational programs, Native 

9 Hawaiian language medium programs, Native Ha10 waiian culture-based education programs, and other 

11 education programs to improve the academic achieve12 ment of Native Hawaiian students by meeting their 

13 unique cultural and language needs in order to help 

14 such students meet challenging State student aca15 demic achievement standards; 

16 ‘‘(2) to provide guidance to appropriate Federal, 

17 State, and local agencies to more effectively and effi18 ciently focus resources, including resources made 

19 available under this part, on the development and im20 plementation of— 

21 ‘‘(A) innovative educational programs for 

22 Native Hawaiians; 

23 ‘‘(B) rigorous and substantive Native Ha24 waiian language programs; and 
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1 ‘‘(C) Native Hawaiian culture-based edu2 cational programs; and 

3 ‘‘(3) to create a system by which information 

4 from programs funded under this part will be col5 lected, analyzed, evaluated, reported, and used in de6 cisionmaking activities regarding the types of grants 

7 awarded under this part. 

8 ‘‘SEC. 5303. NATIVE HAWAIIAN EDUCATION COUNCIL 

9 GRANT. 

10 ‘‘(a) GRANT AUTHORIZED.—In order to better effec11 tuate the purposes of this part through the coordination of 

12 educational and related services and programs available to 

13 Native Hawaiians, including those programs that receive 

14 funding under this part, the Secretary shall award a grant 

15 to an education council, as described under subsection (b). 

16 ‘‘(b) EDUCATION COUNCIL.— 

17 ‘‘(1) ELIGIBILITY.—To be eligible to receive the 

18 grant under subsection (a), the council shall be an 

19 education council (referred to in this section as the 

20 ‘Education Council’) that meets the requirements of 

21 this subsection. 

22 ‘‘(2) COMPOSITION.—The Education Council 

23 shall consist of 15 members of whom— 

24 ‘‘(A) one shall be the President of the Uni25 versity of Hawaii (or a designee); 
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1 ‘‘(B) one shall be the Governor of the State 

2 of Hawaii (or a designee); 

3 ‘‘(C) one shall be the Superintendent of the 

4 State of Hawaii Department of Education (or a 

5 designee); 

6 ‘‘(D) one shall be the chairperson of the Of7 fice of Hawaiian Affairs (or a designee); 

8 ‘‘(E) one shall be the executive director of 

9 Hawaii’s Charter School Network (or a des10 ignee); 

11 ‘‘(F) one shall be the chief executive officer 

12 of the Kamehameha Schools (or a designee); 

13 ‘‘(G) one shall be the Chief Executive Officer 

14 of the Queen Liliuokalani Trust (or a designee); 

15 ‘‘(H) one shall be a member, selected by the 

16 other members of the Education Council, who 

17 represents a private grant-making entity; 

18 ‘‘(I) one shall be the Mayor of the County 

19 of Hawaii (or a designee); 

20 ‘‘(J) one shall be the Mayor of Maui County 

21 (or a designee from the Island of Maui); 

22 ‘‘(K) one shall be the Mayor of the County 

23 of Kauai (or a designee); 
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1 ‘‘(L) one shall be appointed by the Mayor of 

2 Maui County from the Island of either Molokai 

3 or Lanai; 

4 ‘‘(M) one shall be the Mayor of the City and 

5 County of Honolulu (or a designee); 

6 ‘‘(N) one shall be the chairperson of the Ha7 waiian Homes Commission (or a designee); and 

8 ‘‘(O) one shall be the chairperson of the Ha9 waii Workforce Development Council (or a des10 ignee representing the private sector). 

11 ‘‘(3) REQUIREMENTS.—Any designee serving on 

12 the Education Council shall demonstrate, as deter13 mined by the individual who appointed such designee 

14 with input from the Native Hawaiian community, 

15 not less than 5 years of experience as a consumer or 

16 provider of Native Hawaiian education or cultural 

17 activities, with traditional cultural experience given 

18 due consideration. 

19 ‘‘(4) LIMITATION.—A member (including a des20 ignee), while serving on the Education Council, shall 

21 not be a recipient of grant funds that are awarded 

22 under this part. 

23 ‘‘(5) TERM OF MEMBERS.—A member who is a 

24 designee shall serve for a term of not more than 4 

25 years. 
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1 ‘‘(6) CHAIR, VICE CHAIR.— 

2 ‘‘(A) SELECTION.—The Education Council 

3 shall select a Chair and a Vice Chair from 

4 among the members of the Education Council. 

5 ‘‘(B) TERM LIMITS.—The Chair and Vice 

6 Chair shall each serve for a 2-year term. 

7 ‘‘(7) ADMINISTRATIVE PROVISIONS RELATING TO

8 EDUCATION COUNCIL.—The Education Council shall 

9 meet at the call of the Chair of the Council, or upon 

10 request by a majority of the members of the Edu11 cation Council, but in any event not less often than 

12 every 120 days. 

13 ‘‘(8) NO COMPENSATION.—None of the funds 

14 made available through the grant may be used to pro15 vide compensation to any member of the Education 

16 Council or member of a working group established by 

17 the Education Council, for functions described in this 

18 section. 

19 ‘‘(c) USE OF FUNDS FOR COORDINATION ACTIVI20 TIES.—The Education Council shall use funds made avail21 able through the grant to carry out each of the following 

22 activities: 

23 ‘‘(1) Providing advice about the coordination, 

24 and serving as a clearinghouse for, the educational 

25 and related services and programs available to Native 
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1 Hawaiians, including the programs assisted under 

2 this part. 

3 ‘‘(2) Assessing the extent to which such services 

4 and programs meet the needs of Native Hawaiians, 

5 and collecting data on the status of Native Hawaiian 

6 education. 

7 ‘‘(3) Providing direction and guidance, through 

8 the issuance of reports and recommendations, to ap9 propriate Federal, State, and local agencies in order 

10 to focus and improve the use of resources, including 

11 resources made available under this part, relating to 

12 Native Hawaiian education, and serving, where ap13 propriate, in an advisory capacity. 

14 ‘‘(4) Awarding grants, if such grants enable the 

15 Education Council to carry out the activities de16 scribed in paragraphs (1) through (3). 

17 ‘‘(5) Hiring an executive director who shall as18 sist in executing the duties and powers of the Edu19 cation Council, as described in subsection (d). 

20 ‘‘(d) USE OF FUNDS FOR TECHNICAL ASSISTANCE.— 

21 The Education Council shall use funds made available 

22 through the grant to— 

23 ‘‘(1) provide technical assistance to Native Ha24 waiian organizations that are grantees or potential 

25 grantees under this part; 
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1 ‘‘(2) obtain from such grantees information and 

2 data regarding grants awarded under this part, in3 cluding information and data about— 

4 ‘‘(A) the effectiveness of such grantees in 

5 meeting the educational priorities established by 

6 the Education Council, as described in para7 graph (6)(D), using metrics related to these pri8 orities; and 

9 ‘‘(B) the effectiveness of such grantees in 

10 carrying out any of the activities described in 

11 section 5304(c) that are related to the specific 

12 goals and purposes of each grantee’s grant 

13 project, using metrics related to these priorities; 

14 ‘‘(3) assess and define the educational needs of 

15 Native Hawaiians; 

16 ‘‘(4) assess the programs and services available 

17 to address the educational needs of Native Hawaiians; 

18 ‘‘(5) assess and evaluate the individual and ag19 gregate impact achieved by grantees under this part 

20 in improving Native Hawaiian educational perform21 ance and meeting the goals of this part, using metrics 

22 related to these goals; and 

23 ‘‘(6) prepare and submit to the Secretary, at the 

24 end of each calendar year, an annual report that con25 tains— 
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1 ‘‘(A) a description of the activities of the 

2 Education Council during the calendar year; 

3 ‘‘(B) a description of significant barriers to 

4 achieving the goals of this part; 

5 ‘‘(C) a summary of each community con6 sultation session described in subsection (e); and 

7 ‘‘(D) recommendations to establish prior8 ities for funding under this part, based on an as9 sessment of— 

10 ‘‘(i) the educational needs of Native 

11 Hawaiians; 

12 ‘‘(ii) programs and services available 

13 to address such needs; 

14 ‘‘(iii) the effectiveness of programs in 

15 improving the educational performance of 

16 Native Hawaiian students to help such stu17 dents meet challenging State student aca18 demic achievement standards; and 

19 ‘‘(iv) priorities for funding in specific 

20 geographic communities. 

21 ‘‘(e) USE OF FUNDS FOR COMMUNITY CONSULTA22 TIONS.—The Education Council shall use funds made avail23 able through the grant under subsection (a) to hold not less 

24 than one community consultation each year on each of the 
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1 islands of Hawaii, Maui, Molokai, Lanai, Oahu, and 

2 Kauai, at which— 

3 ‘‘(1) not less than three members of the Edu4 cation Council shall be in attendance; 

5 ‘‘(2) the Education Council shall gather commu6 nity input regarding— 

7 ‘‘(A) current grantees under this part, as of 

8 the date of the consultation; 

9 ‘‘(B) priorities and needs of Native Hawai10 ians; and 

11 ‘‘(C) other Native Hawaiian education 

12 issues; and 

13 ‘‘(3) the Education Council shall report to the 

14 community on the outcomes of the activities supported 

15 by grants awarded under this part. 

16 ‘‘(f) FUNDING.—For each fiscal year, the Secretary 

17 shall use the amount described in section 5305(d)(2), to 

18 make a payment under the grant. Funds made available 

19 through the grant shall remain available until expended. 

20 ‘‘(g) REPORT.—Beginning not later than 2 years after 

21 the date of the enactment of the Student Success Act, and 

22 for each subsequent year, the Secretary shall prepare and 

23 submit to the Committee on Education and the Workforce 

24 of the House of Representatives, and the Committee on In-
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1 dian Affairs and the Committee on Health, Education, 

2 Labor, and Pensions of the Senate, a report that— 

3 ‘‘(1) summarizes the annual reports of the Edu4 cation Council; 

5 ‘‘(2) describes the allocation and use of funds 

6 under this part and the information gathered since 

7 the first annual report submitted by the Education 

8 Council to the Secretary under this section; and 

9 ‘‘(3) contains recommendations for changes in 

10 Federal, State, and local policy to advance the pur11 poses of this part. 

12 ‘‘SEC. 5304. GRANT PROGRAM AUTHORIZED. 

13 ‘‘(a) GRANTS AND CONTRACTS.—In order to carry out 

14 programs that meet the purposes of this part, the Secretary 

15 is authorized to award grants to, or enter into contracts 

16 with— 

17 ‘‘(1) Native Hawaiian educational organiza18 tions; 

19 ‘‘(2) Native Hawaiian community-based organi20 zations; 

21 ‘‘(3) public and private nonprofit organizations, 

22 agencies, and institutions with experience in devel23 oping or operating Native Hawaiian education and 

24 workforce development programs or programs of in25 struction in the Native Hawaiian language; 
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1 ‘‘(4) charter schools; and 

2 ‘‘(5) consortia of the organizations, agencies, and 

3 institutions described in paragraphs (1) through (4). 

4 ‘‘(b) PRIORITY.—In awarding grants and entering 

5 into contracts under this part, the Secretary shall give pri6 ority to— 

7 ‘‘(1) programs that meet the educational priority 

8 recommendations of the Education Council, as de9 scribed under section 5303(d)(6)(D); 

10 ‘‘(2) the repair and renovation of public schools 

11 that serve high concentrations of Native Hawaiian 

12 students; 

13 ‘‘(3) programs designed to improve the academic 

14 achievement of Native Hawaiian students by meeting 

15 their unique cultural and language needs in order to 

16 help such students meet challenging State student 

17 academic achievement standards, including activities 

18 relating to— 

19 ‘‘(A) achieving competence in reading, lit20 eracy, mathematics, and science for students in 

21 preschool through grade 3; 

22 ‘‘(B) the educational needs of at-risk chil23 dren and youth; 

24 ‘‘(C) professional development for teachers 

25 and administrators; 
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1 ‘‘(D) the use of Native Hawaiian language 

2 and preservation or reclamation of Native Ha3 waiian culture-based educational practices; and 

4 ‘‘(E) other programs relating to the activi5 ties described in this part; and 

6 ‘‘(4) programs in which a local educational 

7 agency, institution of higher education, or a State 

8 educational agency in partnership with a nonprofit 

9 entity serving underserved communities within the 

10 Native Hawaiian population apply for a grant or 

11 contract under this part as part of a partnership or 

12 consortium. 

13 ‘‘(c) AUTHORIZED ACTIVITIES.—Activities provided 

14 through programs carried out under this part may in15 clude— 

16 ‘‘(1) the development and maintenance of a 

17 statewide Native Hawaiian early education and care 

18 system to provide a continuum of high-quality early 

19 learning services for Native Hawaiian children from 

20 the prenatal period through the age of kindergarten 

21 entry; 

22 ‘‘(2) the operation of family-based education cen23 ters that provide such services as— 

24 ‘‘(A) early care and education programs for 

25 Native Hawaiians; and 
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1 ‘‘(B) research on, and development and as2 sessment of, family-based, early childhood, and 

3 preschool programs for Native Hawaiians; 

4 ‘‘(3) activities that enhance beginning reading 

5 and literacy in either the Hawaiian or the English 

6 language among Native Hawaiian students in kinder7 garten through grade 3 and assistance in addressing 

8 the distinct features of combined English and Hawai9 ian literacy for Hawaiian speakers in grades 5 and 

10 6; 

11 ‘‘(4) activities to meet the special needs of Native 

12 Hawaiian students with disabilities, including— 

13 ‘‘(A) the identification of such students and 

14 their needs; 

15 ‘‘(B) the provision of support services to the 

16 families of such students; and 

17 ‘‘(C) other activities consistent with the re18 quirements of the Individuals with Disabilities 

19 Education Act; 

20 ‘‘(5) activities that address the special needs of 

21 Native Hawaiian students who are gifted and tal22 ented, including— 

23 ‘‘(A) educational, psychological, and devel24 opmental activities designed to assist in the edu25 cational progress of such students; and 
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1 ‘‘(B) activities that involve the parents of 

2 such students in a manner designed to assist in 

3 the educational progress of such students; 

4 ‘‘(6) the development of academic and vocational 

5 curricula to address the needs of Native Hawaiian 

6 students, including curricula materials in the Hawai7 ian language and mathematics and science curricula 

8 that incorporate Native Hawaiian tradition and cul9 ture; 

10 ‘‘(7) professional development activities for edu11 cators, including— 

12 ‘‘(A) the development of programs to pre13 pare prospective teachers to address the unique 

14 needs of Native Hawaiian students within the 

15 context of Native Hawaiian culture, language, 

16 and traditions; 

17 ‘‘(B) in-service programs to improve the 

18 ability of teachers who teach in schools with high 

19 concentrations of Native Hawaiian students to 

20 meet the unique needs of such students; and 

21 ‘‘(C) the recruitment and preparation of 

22 Native Hawaiians, and other individuals who 

23 live in communities with a high concentration of 

24 Native Hawaiians, to become teachers; 
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1 ‘‘(8) the operation of community-based learning 

2 centers that address the needs of Native Hawaiian 

3 students, parents, families, and communities through 

4 the coordination of public and private programs and 

5 services, including— 

6 ‘‘(A) early education programs; 

7 ‘‘(B) before, after, and Summer school pro8 grams, expanded learning time, or weekend 

9 academies; 

10 ‘‘(C) career and technical education pro11 grams; and 

12 ‘‘(D) programs that recognize and support 

13 the unique cultural and educational needs of Na14 tive Hawaiian children, and incorporate appro15 priately qualified Native Hawaiian elders and 

16 seniors; 

17 ‘‘(9) activities, including program co-location, 

18 that ensure Native Hawaiian students graduate col19 lege and career ready including— 

20 ‘‘(A) family literacy services; 

21 ‘‘(B) counseling, guidance, and support 

22 services for students; and 

23 ‘‘(C) professional development activities de24 signed to help educators improve the college and 

25 career readiness of Native Hawaiian students; 
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1 ‘‘(10) research and data collection activities to 

2 determine the educational status and needs of Native 

3 Hawaiian children and adults; 

4 ‘‘(11) other research and evaluation activities re5 lated to programs carried out under this part; and 

6 ‘‘(12) other activities, consistent with the pur7 poses of this part, to meet the educational needs of 

8 Native Hawaiian children and adults. 

9 ‘‘(d) ADDITIONAL ACTIVITIES.—Notwithstanding any 

10 other provision of this part, funds made available to carry 

11 out this section as of the day before the date of the enact12 ment of the Student Success Act shall remain available 

13 until expended. The Secretary shall use such funds to sup14 port the following: 

15 ‘‘(1) The repair and renovation of public schools 

16 that serve high concentrations of Native Hawaiian 

17 students. 

18 ‘‘(2) The perpetuation of, and expansion of ac19 cess to, Hawaiian culture and history through digital 

20 archives. 

21 ‘‘(3) Informal education programs that connect 

22 traditional Hawaiian knowledge, science, astronomy, 

23 and the environment through State museums or 

24 learning centers. 
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1 ‘‘(4) Public charter schools serving high con2 centrations of Native Hawaiian students. 

3 ‘‘(e) ADMINISTRATIVE COSTS.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), not more than 5 percent of funds provided 

6 to a recipient of a grant or contract under this sec7 tion for any fiscal year may be used for administra8 tive purposes. 

9 ‘‘(2) EXCEPTION.—The Secretary may waive the 

10 requirement of paragraph (1) for a nonprofit entity 

11 that receives funding under this section and allow not 

12 more than 10 percent of funds provided to such non13 profit entity under this section for any fiscal year to 

14 be used for administrative purposes. 

15 ‘‘SEC. 5305. ADMINISTRATIVE PROVISIONS. 

16 ‘‘(a) APPLICATION REQUIRED.—No grant may be 

17 made under this part, and no contract may be entered into 

18 under this part, unless the entity seeking the grant or con19 tract submits an application to the Secretary at such time, 

20 in such manner, and containing such information as the 

21 Secretary may determine to be necessary to carry out the 

22 provisions of this part. 

23 ‘‘(b) DIRECT GRANT APPLICATIONS.—The Secretary 

24 shall provide a copy of all direct grant applications to the 

25 Education Council. 
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1 ‘‘(c) SUPPLEMENT NOT SUPPLANT.— 

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), funds made available under this part shall 

4 be used to supplement, and not supplant, any State 

5 or local funds used to achieve the purposes of this 

6 part. 

7 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

8 apply to any nonprofit entity or Native Hawaiian 

9 community-based organization that receives a grant 

10 or other funds under this part. 

11 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

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

13 appropriated to carry out this part $34,181,000 for 

14 each of fiscal years 2016 through 2019. 

15 ‘‘(2) RESERVATION.—Of the funds appropriated 

16 under this subsection, the Secretary shall reserve, for 

17 each fiscal year after the date of the enactment of the 

18 Student Success Act not less than $500,000 for the 

19 grant to the Education Council under section 5303. 

20 ‘‘(3) AVAILABILITY.—Funds appropriated under 

21 this subsection shall remain available until ex22 pended.’’. 
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1 TITLE VI—GENERAL PROVISIONS 

2 FOR THE ACT 

3 SEC. 601. GENERAL PROVISIONS FOR THE ACT. 

4 (a) AMENDING TITLE VI.—Title VI (20 U.S.C. 7301 

5 et seq.) is amended to read as follows: 

6 ‘‘TITLE VI—GENERAL 

7 PROVISIONS 

8 ‘‘PART A—DEFINITIONS 

9 ‘‘SEC. 6101. DEFINITIONS. 

10 ‘‘Except as otherwise provided, in this Act: 

11 ‘‘(1) AVERAGE DAILY ATTENDANCE.— 

12 ‘‘(A) IN GENERAL.—Except as provided oth13 erwise by State law or this paragraph, the term 

14 ‘average daily attendance’ means— 

15 ‘‘(i) the aggregate number of days of 

16 attendance of all students during a school 

17 year; divided by 

18 ‘‘(ii) the number of days school is in 

19 session during that year. 

20 ‘‘(B) CONVERSION.—The Secretary shall 

21 permit the conversion of average daily member22 ship (or other similar data) to average daily at23 tendance for local educational agencies in States 

24 that provide State aid to local educational agen-
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1 cies on the basis of average daily membership (or 

2 other similar data). 

3 ‘‘(C) SPECIAL RULE.—If the local edu4 cational agency in which a child resides makes 

5 a tuition or other payment for the free public 

6 education of the child in a school located in an7 other school district, the Secretary shall, for the 

8 purpose of this Act— 

9 ‘‘(i) consider the child to be in attend10 ance at a school of the agency making the 

11 payment; and 

12 ‘‘(ii) not consider the child to be in at13 tendance at a school of the agency receiving 

14 the payment. 

15 ‘‘(D) CHILDREN WITH DISABILITIES.—If a 

16 local educational agency makes a tuition pay17 ment to a private school or to a public school of 

18 another local educational agency for a child with 

19 a disability, as defined in section 602 of the In20 dividuals with Disabilities Education Act, the 

21 Secretary shall, for the purpose of this Act, con22 sider the child to be in attendance at a school of 

23 the agency making the payment. 
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1 ‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The 

2 term ‘average per-pupil expenditure’ means, in the 

3 case of a State or of the United States— 

4 ‘‘(A) without regard to the source of 

5 funds— 

6 ‘‘(i) the aggregate current expenditures, 

7 during the third fiscal year preceding the 

8 fiscal year for which the determination is 

9 made (or, if satisfactory data for that year 

10 are not available, during the most recent 

11 preceding fiscal year for which satisfactory 

12 data are available) of all local educational 

13 agencies in the State or, in the case of the 

14 United States, for all States (which, for the 

15 purpose of this paragraph, means the 50 

16 States and the District of Columbia); plus 

17 ‘‘(ii) any direct current expenditures 

18 by the State for the operation of those agen19 cies; divided by 

20 ‘‘(B) the aggregate number of children in 

21 average daily attendance to whom those agencies 

22 provided free public education during that pre23 ceding year. 

24 ‘‘(3) CHARTER SCHOOL.—The term ‘charter 

25 school’ means a public school that— 
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1 ‘‘(A) in accordance with a specific State 

2 statute authorizing the granting of charters to 

3 schools, is exempt from significant State or local 

4 rules that inhibit the flexible operation and man5 agement of public schools, but not from any rules 

6 relating to the other requirements of this para7 graph; 

8 ‘‘(B) is created by a developer as a public 

9 school, or is adapted by a developer from an ex10 isting public school, and is operated under pub11 lic supervision and direction; 

12 ‘‘(C) operates in pursuit of a specific set of 

13 educational objectives determined by the school’s 

14 developer and agreed to by the authorized public 

15 chartering agency; 

16 ‘‘(D) provides a program of elementary or 

17 secondary education, or both; 

18 ‘‘(E) is nonsectarian in its programs, ad19 missions policies, employment practices, and all 

20 other operations, and is not affiliated with a sec21 tarian school or religious institution; 

22 ‘‘(F) does not charge tuition; 

23 ‘‘(G) complies with the Age Discrimination 

24 Act of 1975, title VI of the Civil Rights Act of 

25 1964, title IX of the Education Amendments of 
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1 1972, section 504 of the Rehabilitation Act of 

2 1973, part B of the Individuals with Disabilities 

3 Education Act, the Americans with Disabilities 

4 Act of 1990 (42 U.S.C. 12101 et seq.), and sec5 tion 444 of the General Education Provisions 

6 Act (20 U.S.C. 1232(g)) (commonly known as 

7 the ‘Family Education Rights and Privacy Act 

8 of 1974’); 

9 ‘‘(H) is a school to which parents choose to 

10 send their children, and admits students on the 

11 basis of a lottery if more students apply for ad12 mission than can be accommodated, except that 

13 in cases in which students who are enrolled in 

14 a charter school affiliated (such as by sharing a 

15 network) with another charter school, those stu16 dents may be automatically enrolled in the next 

17 grade level at such other charter school, so long 

18 as a lottery is used to fill seats created through 

19 regular attrition in student enrollment; 

20 ‘‘(I) agrees to comply with the same Federal 

21 and State audit requirements as do other elemen22 tary schools and secondary schools in the State, 

23 unless such State audit requirements are waived 

24 by the State; 
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1 ‘‘(J) meets all applicable Federal, State, 

2 and local health and safety requirements; 

3 ‘‘(K) operates in accordance with State law; 

4 ‘‘(L) has a written performance contract 

5 with the authorized public chartering agency in 

6 the State that includes a description of how stu7 dent performance will be measured in charter 

8 schools pursuant to State assessments that are 

9 required of other schools and pursuant to any 

10 other assessments mutually agreeable to the au11 thorized public chartering agency and the char12 ter school; and 

13 ‘‘(M) may serve prekindergarten or postsec14 ondary students. 

15 ‘‘(4) CHILD.—The term ‘child’ means any person 

16 within the age limits for which the State provides free 

17 public education. 

18 ‘‘(5) CHILD WITH A DISABILITY.—The term 

19 ‘child with a disability’ has the same meaning given 

20 that term in section 602 of the Individuals with Dis21 abilities Education Act. 

22 ‘‘(6) COMMUNITY-BASED ORGANIZATION.—The 

23 term ‘community-based organization’ means a public 

24 or private nonprofit organization of demonstrated ef25 fectiveness that— 
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1 ‘‘(A) is representative of a community or 

2 significant segments of a community; and 

3 ‘‘(B) provides educational or related services 

4 to individuals in the community. 

5 ‘‘(7) CONSOLIDATED LOCAL APPLICATION.—The 

6 term ‘consolidated local application’ means an appli7 cation submitted by a local educational agency pursu8 ant to section 6305. 

9 ‘‘(8) CONSOLIDATED LOCAL PLAN.—The term 

10 ‘consolidated local plan’ means a plan submitted by 

11 a local educational agency pursuant to section 6305. 

12 ‘‘(9) CONSOLIDATED STATE APPLICATION.—The 

13 term ‘consolidated State application’ means an appli14 cation submitted by a State educational agency pur15 suant to section 6302. 

16 ‘‘(10) CONSOLIDATED STATE PLAN.—The term 

17 ‘consolidated State plan’ means a plan submitted by 

18 a State educational agency pursuant to section 6302. 

19 ‘‘(11) COUNTY.—The term ‘county’ means one of 

20 the divisions of a State used by the Secretary of Com21 merce in compiling and reporting data regarding 

22 counties. 

23 ‘‘(12) COVERED PROGRAM.—The term ‘covered 

24 program’ means each of the programs authorized 

25 by— 
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1 ‘‘(A) part A of title I; 

2 ‘‘(B) title II; and 

3 ‘‘(C) part B of title III. 

4 ‘‘(13) CURRENT EXPENDITURES.—The term ‘cur5 rent expenditures’ means expenditures for free public 

6 education— 

7 ‘‘(A) including expenditures for administra8 tion, instruction, attendance and health services, 

9 pupil transportation services, operation and 

10 maintenance of plant, fixed charges, and net ex11 penditures to cover deficits for food services and 

12 student body activities; but 

13 ‘‘(B) not including expenditures for commu14 nity services, capital outlay, and debt service, or 

15 any expenditures made from funds received 

16 under title I. 

17 ‘‘(14) DEPARTMENT.—The term ‘Department’ 

18 means the Department of Education. 

19 ‘‘(15) DIRECT STUDENT SERVICES.—The term 

20 ‘direct student services’ means public school choice or 

21 high-quality academic tutoring that are designed to 

22 help increase academic achievement for students. 

23 ‘‘(16) DISTANCE EDUCATION.—The term ‘dis24 tance education’ means the use of one or more tech25 nologies to deliver instruction to students who are 
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1 separated from the instructor and to support regular 

2 and substantive interaction between the students and 

3 the instructor synchronously or nonsynchronously. 

4 ‘‘(17) EDUCATIONAL SERVICE AGENCY.—The 

5 term ‘educational service agency’ means a regional 

6 public multiservice agency authorized by State statute 

7 to develop, manage, and provide services or programs 

8 to local educational agencies. 

9 ‘‘(18) ELEMENTARY SCHOOL.—The term ‘elemen10 tary school’ means a nonprofit institutional day or 

11 residential school, including a public elementary 

12 charter school, that provides elementary education, as 

13 determined under State law. 

14 ‘‘(19) ENGLISH LEARNER.—The term ‘English 

15 learner’, when used with respect to an individual, 

16 means an individual— 

17 ‘‘(A) who is aged 3 through 21; 

18 ‘‘(B) who is enrolled or preparing to enroll 

19 in an elementary school or secondary school; 

20 ‘‘(C)(i) who was not born in the United 

21 States or whose native language is a language 

22 other than English; 

23 ‘‘(ii)(I) who is a Native American or Alaska 

24 Native, or a native resident of the outlying 

25 areas; and 
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1 ‘‘(II) who comes from an environment 

2 where a language other than English has had a 

3 significant impact on the individual’s level of 

4 English language proficiency; or 

5 ‘‘(iii) who is migratory, whose native lan6 guage is a language other than English, and who 

7 comes from an environment where a language 

8 other than English is dominant; and 

9 ‘‘(D) whose difficulties in speaking, reading, 

10 writing, or understanding the English language 

11 may be sufficient to deny the individual— 

12 ‘‘(i) the ability to meet the State’s aca13 demic standards described in section 1111; 

14 ‘‘(ii) the ability to successfully achieve 

15 in classrooms where the language of instruc16 tion is English; or 

17 ‘‘(iii) the opportunity to participate 

18 fully in society. 

19 ‘‘(20) EXTENDED-YEAR ADJUSTED COHORT

20 GRADUATION RATE.— 

21 ‘‘(A) IN GENERAL.—The term ‘extended22 year adjusted cohort graduation rate’ means the 

23 ratio where— 

24 ‘‘(i) the denominator consists of the 

25 number of students who form the original 
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1 cohort of entering first-time 9th grade stu2 dents enrolled in the high school no later 

3 than the effective date for student member4 ship data submitted annually by State edu5 cational agencies to the National Center for 

6 Education Statistics under section 153 of 

7 the Education Sciences Reform Act, ad8 justed by— 

9 ‘‘(I) adding the students who 

10 joined that cohort, after the time of the 

11 determination of the original cohort; 

12 and 

13 ‘‘(II) subtracting only those stu14 dents who left that cohort, after the 

15 time of the determination of the origi16 nal cohort, as described in subpara17 graph (B); and 

18 ‘‘(ii) the numerator consists of the 

19 number of students in the cohort, as ad20 justed under clause (i), who earned a reg21 ular high school diploma before, during, or 

22 at the conclusion of— 

23 ‘‘(I) one or more additional years 

24 beyond the fourth year of high school; 

25 or 
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1 ‘‘(II) a summer session imme2 diately following the additional year of 

3 high school. 

4 ‘‘(B) COHORT REMOVAL.—To remove a stu5 dent from a cohort, a school or local educational 

6 agency shall require documentation to confirm 

7 that the student has transferred out, emigrated to 

8 another country, transferred to a prison or juve9 nile facility, or is deceased. 

10 ‘‘(C) TRANSFERRED OUT.— 

11 ‘‘(i) IN GENERAL.—For purposes of 

12 this paragraph, the term ‘transferred out’ 

13 means a student who the high school or 

14 local educational agency has confirmed, ac15 cording to clause (ii), has transferred— 

16 ‘‘(I) to another school from which 

17 the student is expected to receive a reg18 ular high school diploma; or 

19 ‘‘(II) to another educational pro20 gram from which the student is ex21 pected to receive a regular high school 

22 diploma. 

23 ‘‘(ii) CONFIRMATION REQUIRE24 MENTS.— 
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1 ‘‘(I) DOCUMENTATION RE2 QUIRED.—The confirmation of a stu3 dent’s transfer to another school or 

4 educational program described in 

5 clause (i) requires documentation from 

6 the receiving school or program that 

7 the student enrolled in the receiving 

8 school or program. 

9 ‘‘(II) LACK OF CONFIRMATION.—A 

10 student who was enrolled, but for 

11 whom there is no confirmation of the 

12 student having transferred out, shall 

13 remain in the denominator of the ex14 tended-year adjusted cohort. 

15 ‘‘(iii) PROGRAMS NOT PROVIDING

16 CREDIT.—A student who is retained in 

17 grade or who is enrolled in a GED or other 

18 alternative educational program that does 

19 not issue or provide credit toward the 

20 issuance of a regular high school diploma 

21 shall not be considered transferred out and 

22 shall remain in the extended-year adjusted 

23 cohort. 

24 ‘‘(D) SPECIAL RULE.—For those high 

25 schools that start after grade 9, the original co-
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1 hort shall be calculated for the earliest high 

2 school grade students attend no later than the ef3 fective date for student membership data sub4 mitted annually by State educational agencies to 

5 the National Center for Education Statistics 

6 pursuant to section 153 of the Education 

7 Sciences Reform Act. 

8 ‘‘(21) FAMILY LITERACY SERVICES.—The term 

9 ‘family literacy services’ means services provided to 

10 participants on a voluntary basis that are of suffi11 cient intensity in terms of hours, and of sufficient du12 ration, to make sustainable changes in a family, and 

13 that integrate all of the following activities: 

14 ‘‘(A) Interactive literacy activities between 

15 parents and their children. 

16 ‘‘(B) Training for parents regarding how to 

17 be the primary teacher for their children and full 

18 partners in the education of their children. 

19 ‘‘(C) Parent literacy training that leads to 

20 economic self-sufficiency. 

21 ‘‘(D) An age-appropriate education to pre22 pare children for success in school and life expe23 riences. 

24 ‘‘(22) FOUR-YEAR ADJUSTED COHORT GRADUA25 TION RATE.— 
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1 ‘‘(A) IN GENERAL.—The term ‘four-year ad2 justed cohort graduation rate’ means the ratio 

3 where— 

4 ‘‘(i) the denominator consists of the 

5 number of students who form the original 

6 cohort of entering first-time 9th grade stu7 dents enrolled in the high school no later 

8 than the effective date for student member9 ship data submitted annually by State edu10 cational agencies to the National Center for 

11 Education Statistics pursuant to section 

12 153 of the Education Sciences Reform Act, 

13 adjusted by— 

14 ‘‘(I) adding the students who 

15 joined that cohort, after the time of the 

16 determination of the original cohort; 

17 and 

18 ‘‘(II) subtracting only those stu19 dents who left that cohort, after the 

20 time of the determination of the origi21 nal cohort, as described in subpara22 graph (B); and 

23 ‘‘(ii) the numerator consists of the 

24 number of students in the cohort, as ad25 justed under clause (i), who earned a reg-
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1 ular high school diploma before, during, or 

2 at the conclusion of— 

3 ‘‘(I) the fourth year of high school; 

4 or 

5 ‘‘(II) a summer session imme6 diately following the fourth year of 

7 high school. 

8 ‘‘(B) COHORT REMOVAL.—To remove a stu9 dent from a cohort, a school or local educational 

10 agency shall require documentation to confirm 

11 that the student has transferred out, emigrated to 

12 another country, transferred to a prison or juve13 nile facility, or is deceased. 

14 ‘‘(C) TRANSFERRED OUT.— 

15 ‘‘(i) IN GENERAL.—For purposes of 

16 this paragraph, the term ‘transferred out’ 

17 means a student who the high school or 

18 local educational agency has confirmed, ac19 cording to clause (ii), has transferred— 

20 ‘‘(I) to another school from which 

21 the student is expected to receive a reg22 ular high school diploma; or 

23 ‘‘(II) to another educational pro24 gram from which the student is ex-
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1 pected to receive a regular high school 

2 diploma. 

3 ‘‘(ii) CONFIRMATION REQUIRE4 MENTS.— 

5 ‘‘(I) DOCUMENTATION RE6 QUIRED.—The confirmation of a stu7 dent’s transfer to another school or 

8 educational program described in 

9 clause (i) requires documentation from 

10 the receiving school or program that 

11 the student enrolled in the receiving 

12 school or program. 

13 ‘‘(II) LACK OF CONFIRMATION.—A 

14 student who was enrolled, but for 

15 whom there is no confirmation of the 

16 student having transferred out, shall 

17 remain in the adjusted cohort. 

18 ‘‘(iii) PROGRAMS NOT PROVIDING

19 CREDIT.—A student who is retained in 

20 grade or who is enrolled in a GED or other 

21 alternative educational program that does 

22 not issue or provide credit toward the 

23 issuance of a regular high school diploma 

24 shall not be considered transferred out and 

25 shall remain in the adjusted cohort. 
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1 ‘‘(D) SPECIAL RULE.—For those high 

2 schools that start after grade 9, the original co3 hort shall be calculated for the earliest high 

4 school grade students attend no later than the ef5 fective date for student membership data sub6 mitted annually by State educational agencies to 

7 the National Center for Education Statistics 

8 pursuant to section 153 of the Education 

9 Sciences Reform Act. 

10 ‘‘(23) FREE PUBLIC EDUCATION.—The term ‘free 

11 public education’ means education that is provided— 

12 ‘‘(A) at public expense, under public super13 vision and direction, and without tuition charge; 

14 and 

15 ‘‘(B) as elementary school or secondary 

16 school education as determined under applicable 

17 State law, except that the term does not include 

18 any education provided beyond grade 12. 

19 ‘‘(24) GIFTED AND TALENTED.—The term ‘gifted 

20 and talented’, when used with respect to students, 

21 children, or youth, means students, children, or youth 

22 who give evidence of high achievement capability in 

23 areas such as intellectual, creative, artistic, or leader24 ship capacity, or in specific academic fields, and who 
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1 need services or activities not ordinarily provided by 

2 the school in order to fully develop those capabilities. 

3 ‘‘(25) HIGH-QUALITY ACADEMIC TUTORING.—The 

4 term ‘high-quality academic tutoring’ means supple5 mental academic services that— 

6 ‘‘(A) are in addition to instruction provided 

7 during the school day; 

8 ‘‘(B) are provided by a non-governmental 

9 entity or local educational agency that— 

10 ‘‘(i) is included on a State educational 

11 agency approved provider list after dem12 onstrating to the State educational agency 

13 that its program consistently improves the 

14 academic achievement of students; and 

15 ‘‘(ii) agrees to provide parents of chil16 dren receiving high-quality academic tutor17 ing, the appropriate local educational agen18 cy, and school with information on partici19 pating students increases in academic 

20 achievement, in a format, and to the extent 

21 practicable, a language that such parent 

22 can understand, and in a manner that pro23 tects the privacy of individuals consistent 

24 with section 444 of the General Education 

25 Provisions Act (20 U.S.C. 1232g); 
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1 ‘‘(C) are selected by the parents of students 

2 who are identified by the local educational agen3 cy as being eligible for such services from among 

4 providers on the approved provider list described 

5 in subparagraph (B)(i); 

6 ‘‘(D) meet all applicable Federal, State, and 

7 local health, safety, and civil rights laws; and 

8 ‘‘(E) ensure that all instruction and content 

9 are secular, neutral, and non-ideological. 

10 ‘‘(26) HIGH SCHOOL.—The term ‘high school’ 

11 means a secondary school that— 

12 ‘‘(A) grants a diploma, as defined by the 

13 State; and 

14 ‘‘(B) includes, at least, grade 12. 

15 ‘‘(27) INSTITUTION OF HIGHER EDUCATION.— 

16 The term ‘institution of higher education’ has the 

17 meaning given that term in section 101(a) of the 

18 Higher Education Act of 1965. 

19 ‘‘(28) LOCAL EDUCATIONAL AGENCY.— 

20 ‘‘(A) IN GENERAL.—The term ‘local edu21 cational agency’ means a public board of edu22 cation or other public authority legally con23 stituted within a State for either administrative 

24 control or direction of, or to perform a service 

25 function for, public elementary schools or sec-
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1 ondary schools in a city, county, township, 

2 school district, or other political subdivision of a 

3 State, or of or for a combination of school dis4 tricts or counties that is recognized in a State as 

5 an administrative agency for its public elemen6 tary schools or secondary schools. 

7 ‘‘(B) ADMINISTRATIVE CONTROL AND DI8 RECTION.—The term includes any other public 

9 institution or agency having administrative con10 trol and direction of a public elementary school 

11 or secondary school. 

12 ‘‘(C) BIE SCHOOLS.—The term includes an 

13 elementary school or secondary school funded by 

14 the Bureau of Indian Education but only to the 

15 extent that including the school makes the school 

16 eligible for programs for which specific eligibility 

17 is not provided to the school in another provision 

18 of law and the school does not have a student 

19 population that is smaller than the student pop20 ulation of the local educational agency receiving 

21 assistance under this Act with the smallest stu22 dent population, except that the school shall not 

23 be subject to the jurisdiction of any State edu24 cational agency other than the Bureau of Indian 

25 Education. 
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1 ‘‘(D) EDUCATIONAL SERVICE AGENCIES.— 

2 The term includes educational service agencies 

3 and consortia of those agencies. 

4 ‘‘(E) STATE EDUCATIONAL AGENCY.—The 

5 term includes the State educational agency in a 

6 State in which the State educational agency is 

7 the sole educational agency for all public schools. 

8 ‘‘(29) NATIVE AMERICAN AND NATIVE AMERICAN

9 LANGUAGE.—The terms ‘Native American’ and ‘Na10 tive American language’ have the same meaning given 

11 those terms in section 103 of the Native American 

12 Languages Act of 1990. 

13 ‘‘(30) OTHER STAFF.—The term ‘other staff’ 

14 means specialized instructional support personnel, li15 brarians, career guidance and counseling personnel, 

16 education aides, and other instructional and adminis17 trative personnel. 

18 ‘‘(31) OUTLYING AREA.—The term ‘outlying 

19 area’— 

20 ‘‘(A) means American Samoa, the Common21 wealth of the Northern Mariana Islands, Guam, 

22 and the United States Virgin Islands; 

23 ‘‘(B) means the Republic of Palau, to the 

24 extent permitted under section 105(f)(1)(B)(ix) 

25 of the Compact of Free Association Amendments 
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1 Act of 2003 (Public Law 99–658; 117 Stat. 

2 2751) and until an agreement for the extension 

3 of United States education assistance under the 

4 Compact of Free Association becomes effective for 

5 the Republic of Palau; and 

6 ‘‘(C) for the purpose of any discretionary 

7 grant program under this Act, includes the Re8 public of the Marshall Islands and the Federated 

9 States of Micronesia, to the extent permitted 

10 under section 105(f)(1)(B)(viii) of the Compact 

11 of Free Association Amendments Act of 2003 

12 (Public Law 108–188; 117 Stat. 2751). 

13 ‘‘(32) PARENT.—The term ‘parent’ includes a 

14 legal guardian or other person standing in loco 

15 parentis (such as a grandparent, stepparent, or foster 

16 parent with whom the child lives, or a person who is 

17 legally responsible for the child’s welfare). 

18 ‘‘(33) PARENTAL INVOLVEMENT.—The term ‘pa19 rental involvement’ means the participation of par20 ents in regular, two-way, and meaningful commu21 nication involving student academic learning and 

22 other school activities, including ensuring— 

23 ‘‘(A) that parents play an integral role in 

24 assisting in their child’s learning; 
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1 ‘‘(B) that parents are encouraged to be ac2 tively involved in their child’s education at 

3 school; 

4 ‘‘(C) that parents are full partners in their 

5 child’s education and are included, as appro6 priate, in decisionmaking and on advisory com7 mittees to assist in the education of their child; 

8 and 

9 ‘‘(D) the carrying out of other activities, 

10 such as those described in section 1118. 

11 ‘‘(34) PAY FOR SUCCESS INITIATIVES.—The term 

12 ‘pay for success initiatives’ means initiatives— 

13 ‘‘(A) that produce a measurable, clearly de14 fined outcome that results in social benefit and 

15 direct cost savings to the local, State, or Federal 

16 Government; 

17 ‘‘(B) except as provided in subparagraph 

18 (D)(i), that make payments only when agreed19 upon outcomes are achieved; 

20 ‘‘(C) for which a feasibility study is con21 ducted on the initiative describing how the pro22 posed intervention is based on strong or mod23 erate evidence of effectiveness and how the initia24 tive will meet the requirements of subparagraph 

25 (A); and 
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1 ‘‘(D) for which— 

2 ‘‘(i) an evaluation, which may be paid 

3 for out of funding for the pay for success 

4 initiative without respect to a successful 

5 outcome, is included that uses experimental 

6 designs using random assignment or other 

7 research methodologies that allow for the 

8 strongest possible causal inferences when 

9 random assignment is not feasible by an 

10 independent evaluator to determine whether 

11 the initiative has met the outcomes de12 scribed in subparagraph (A); and 

13 ‘‘(ii) the State or local educational 

14 agency produces an annual, publicly avail15 able report on the progress of the initiative 

16 in meeting the requirements of subpara17 graph (A), as appropriate. 

18 ‘‘(35) POVERTY LINE.—The term ‘poverty line’ 

19 means the poverty line (as defined by the Office of 

20 Management and Budget and revised annually in ac21 cordance with section 673(2) of the Community Serv22 ices Block Grant Act) applicable to a family of the 

23 size involved. 

24 ‘‘(36) PROFESSIONAL DEVELOPMENT.—The term 

25 ‘professional development’— 
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1 ‘‘(A) includes evidence-based, job-embedded, 

2 continuous activities that— 

3 ‘‘(i) improve and increase teachers’ 

4 knowledge of the academic subjects the 

5 teachers teach, and enable teachers to be6 come effective educators; 

7 ‘‘(ii) are an integral part of broad 

8 schoolwide and districtwide educational im9 provement plans; 

10 ‘‘(iii) give teachers, school leaders, 

11 other staff, and administrators the knowl12 edge and skills to provide students with the 

13 opportunity to meet State academic stand14 ards; 

15 ‘‘(iv) improve classroom management 

16 skills; 

17 ‘‘(v)(I) have a positive and lasting im18 pact on classroom instruction and the 

19 teacher’s performance in the classroom; and 

20 ‘‘(II) are not 1-day or short-term work21 shops or conferences; 

22 ‘‘(vi) support the recruiting, hiring, 

23 and training of effective teachers, including 

24 teachers who became certified or licensed 
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1 through State and local alternative routes to 

2 certification; 

3 ‘‘(vii) advance teacher understanding 

4 of effective instructional strategies that are 

5 strategies for improving student academic 

6 achievement or substantially increasing the 

7 knowledge and teaching skills of teachers, 

8 including through addressing the social and 

9 emotional development needs of students; 

10 ‘‘(viii) are aligned with and directly 

11 related to— 

12 ‘‘(I) State academic standards 

13 and assessments; and 

14 ‘‘(II) the curricula and programs 

15 tied to the standards described in sub16 clause (I); 

17 ‘‘(ix) are developed with extensive par18 ticipation of teachers, school leaders, par19 ents, and administrators of schools to be 

20 served under this Act; 

21 ‘‘(x) are designed to give teachers of 

22 English learners and other teachers and in23 structional staff, the knowledge and skills to 

24 provide instruction and appropriate lan25 guage and academic support services to 
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1 those children, including the appropriate 

2 use of curricula and assessments; 

3 ‘‘(xi) to the extent appropriate, provide 

4 training for teachers, other staff, and school 

5 leaders in the use of technology (including 

6 education about the harms of copyright pi7 racy), so that technology and technology ap8 plications are effectively used to improve 

9 teaching and learning in the curricula and 

10 core academic subjects in which the students 

11 receive instruction; 

12 ‘‘(xii) as a whole, are regularly evalu13 ated for their impact on increased teacher 

14 effectiveness and improved student academic 

15 achievement, with the findings of the eval16 uations used to improve the quality of the 

17 professional development; 

18 ‘‘(xiii) provide instruction in methods 

19 of teaching children with special needs; 

20 ‘‘(xiv) include instruction in the use of 

21 data and assessments to inform and in22 struct classroom practice; and 

23 ‘‘(xv) include instruction in ways that 

24 teachers, school leaders, specialized instruc25 tional support personnel, other staff, and 
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1 school administrators may work more effec2 tively with parents; and 

3 ‘‘(B) may include evidence-based, job-em4 bedded, continuous activities that— 

5 ‘‘(i) involve the forming of partner6 ships with institutions of higher education 

7 to establish school-based teacher training 

8 programs that provide prospective teachers 

9 and new teachers with an opportunity to 

10 work under the guidance of experienced 

11 teachers and college faculty; 

12 ‘‘(ii) create programs to enable para13 professionals (assisting teachers employed 

14 by a local educational agency receiving as15 sistance under subpart 1 of part A of title 

16 I) to obtain the education necessary for 

17 those paraprofessionals to become certified 

18 and licensed teachers; and 

19 ‘‘(iii) provide follow-up training to in20 dividuals who have participated in activi21 ties described in subparagraph (A) or an22 other clause of this subparagraph that are 

23 designed to ensure that the knowledge and 

24 skills learned by the teachers are imple25 mented in the classroom. 
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1 ‘‘(37) REGULAR HIGH SCHOOL DIPLOMA.— 

2 ‘‘(A) IN GENERAL.—The term ‘regular high 

3 school diploma’ means the standard high school 

4 diploma awarded to the preponderance of stu5 dents in the State that is fully aligned with 

6 State standards, or a higher diploma. Such term 

7 shall not include a GED or other recognized 

8 equivalent of a diploma, a certificate of attend9 ance, or any lesser diploma award. 

10 ‘‘(B) EXCEPTION FOR STUDENTS WITH SIG11 NIFICANT COGNITIVE DISABILITIES.—For a stu12 dent who is assessed using an alternate assess13 ment aligned to alternate academic standards 

14 under section 1111(b)(1)(D), receipt of a regular 

15 high school diploma as defined under subpara16 graph (A) or a State-defined alternate diploma 

17 obtained within the time period for which the 

18 State ensures the availability of a free appro19 priate public education and in accordance with 

20 section 612(a)(1) of the Individuals with Dis21 abilities Education Act shall be counted as grad22 uating with a regular high school diploma for 

23 the purposes of this Act. 
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1 ‘‘(38) SCHOOL LEADER.—The term ‘school lead2 er’ means a principal, assistant principal, or other 

3 individual who is— 

4 ‘‘(A) an employee or officer of a school, local 

5 educational agency, or other entity operating the 

6 school; and 

7 ‘‘(B) responsible for— 

8 ‘‘(i) the daily instructional leadership 

9 and managerial operations in the school 

10 building; and 

11 ‘‘(ii) creating the optimum conditions 

12 for student learning. 

13 ‘‘(39) SECONDARY SCHOOL.—The term ‘sec14 ondary school’ means a nonprofit institutional day or 

15 residential school, including a public secondary char16 ter school, that provides secondary education, as de17 termined under State law, except that the term does 

18 not include any education beyond grade 12. 

19 ‘‘(40) SECRETARY.—The term ‘Secretary’ means 

20 the Secretary of Education. 

21 ‘‘(41) SPECIALIZED INSTRUCTIONAL SUPPORT

22 PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT

23 SERVICES.— 

24 ‘‘(A) SPECIALIZED INSTRUCTIONAL SUP25 PORT PERSONNEL.—The term ‘specialized in-
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1 structional support personnel’ means school 

2 counselors, school social workers, school psycholo3 gists, and other qualified professional personnel 

4 involved in providing assessment, diagnosis, 

5 counseling, educational, therapeutic, and other 

6 necessary services (including related services as 

7 that term is defined in section 602 of the Indi8 viduals with Disabilities Education Act) as part 

9 of a comprehensive program to meet student 

10 needs. 

11 ‘‘(B) SPECIALIZED INSTRUCTIONAL SUP12 PORT SERVICES.—The term ‘specialized instruc13 tional support services’ means the services pro14 vided by specialized instructional support per15 sonnel. 

16 ‘‘(42) STATE.—The term ‘State’ means each of 

17 the 50 States, the District of Columbia, the Common18 wealth of Puerto Rico, and each of the outlying areas. 

19 ‘‘(43) STATE EDUCATIONAL AGENCY.—The term 

20 ‘State educational agency’ means the agency pri21 marily responsible for the State supervision of public 

22 elementary schools and secondary schools. 

23 ‘‘(44) TECHNOLOGY.—The term ‘technology’ 

24 means modern information, computer and commu25 nication technology products, services, or tools, in-
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1 cluding, but not limited to, the Internet and other 

2 communications networks, computer devices and other 

3 computer and communications hardware, software 

4 applications, data systems, and other electronic con5 tent and data storage. 

6 ‘‘SEC. 6102. APPLICABILITY OF TITLE. 

7 ‘‘Parts B, C, D, and E of this title do not apply to 

8 title IV of this Act. 

9 ‘‘SEC. 6103. APPLICABILITY TO BUREAU OF INDIAN EDU10 CATION OPERATED SCHOOLS. 

11 ‘‘For the purpose of any competitive program under 

12 this Act— 

13 ‘‘(1) a consortium of schools operated by the Bu14 reau of Indian Education; 

15 ‘‘(2) a school operated under a contract or grant 

16 with the Bureau of Indian Education in consortium 

17 with another contract or grant school or a tribal or 

18 community organization; or 

19 ‘‘(3) a Bureau of Indian Education school in 

20 consortium with an institution of higher education, a 

21 contract or grant school, or a tribal or community or22 ganization, 

23 shall be given the same consideration as a local educational 

24 agency. 
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1 ‘‘PART B—FLEXIBILITY IN THE USE OF 

2 ADMINISTRATIVE AND OTHER FUNDS 

3 ‘‘SEC. 6201. CONSOLIDATION OF STATE ADMINISTRATIVE 

4 FUNDS FOR ELEMENTARY AND SECONDARY 

5 EDUCATION PROGRAMS. 

6 ‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.— 

7 ‘‘(1) IN GENERAL.—A State educational agency 

8 may consolidate the amounts specifically made avail9 able to it for State administration under one or more 

10 of the programs under paragraph (2). 

11 ‘‘(2) APPLICABILITY.—This section applies to 

12 any program under this Act under which funds are 

13 authorized to be used for administration, and such 

14 other programs as the Secretary may designate. 

15 ‘‘(b) USE OF FUNDS.— 

16 ‘‘(1) IN GENERAL.—A State educational agency 

17 shall use the amount available under this section for 

18 the administration of the programs included in the 

19 consolidation under subsection (a). 

20 ‘‘(2) ADDITIONAL USES.—A State educational 

21 agency may also use funds available under this sec22 tion for administrative activities designed to enhance 

23 the effective and coordinated use of funds under pro24 grams included in the consolidation under subsection 

25 (a), such as— 
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1 ‘‘(A) the coordination of those programs 

2 with other Federal and non-Federal programs; 

3 ‘‘(B) the establishment and operation of 

4 peer-review mechanisms under this Act; 

5 ‘‘(C) the administration of this title; 

6 ‘‘(D) the dissemination of information re7 garding model programs and practices; 

8 ‘‘(E) technical assistance under any pro9 gram under this Act; 

10 ‘‘(F) State-level activities designed to carry 

11 out this title; 

12 ‘‘(G) training personnel engaged in audit 

13 and other monitoring activities; and 

14 ‘‘(H) implementation of the Cooperative 

15 Audit Resolution and Oversight Initiative of the 

16 Department. 

17 ‘‘(c) RECORDS.—A State educational agency that con18 solidates administrative funds under this section shall not 

19 be required to keep separate records, by individual program, 

20 to account for costs relating to the administration of pro21 grams included in the consolidation under subsection (a). 

22 ‘‘(d) REVIEW.—To determine the effectiveness of State 

23 administration under this section, the Secretary may peri24 odically review the performance of State educational agen25 cies in using consolidated administrative funds under this 
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1 section and take such steps as the Secretary finds appro2 priate to ensure the effectiveness of that administration. 

3 ‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State 

4 educational agency does not use all of the funds available 

5 to the agency under this section for administration, the 

6 agency may use those funds during the applicable period 

7 of availability as funds available under one or more pro8 grams included in the consolidation under subsection (a). 

9 ‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND

10 ASSESSMENT DEVELOPMENT.—In order to develop State 

11 academic standards and assessments, a State educational 

12 agency may consolidate the amounts described in subsection 

13 (a) for those purposes under title I. 

14 ‘‘SEC. 6202. SINGLE LOCAL EDUCATIONAL AGENCY STATES. 

15 ‘‘A State educational agency that also serves as a local 

16 educational agency shall, in its applications or plans under 

17 this Act, describe how the agency will eliminate duplication 

18 in conducting administrative functions. 

19 ‘‘SEC. 6203. CONSOLIDATION OF FUNDS FOR LOCAL ADMIN20 ISTRATION. 

21 ‘‘(a) GENERAL AUTHORITY.—In accordance with regu22 lations of the Secretary and for any fiscal year, a local edu23 cational agency, with the approval of its State educational 

24 agency, may consolidate and use for the administration of 

25 one or more programs under this Act (or such other pro-
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1 grams as the Secretary shall designate) not more than the 

2 percentage, established in each program, of the total avail3 able for the local educational agency under those programs. 

4 ‘‘(b) STATE PROCEDURES.—A State educational agen5 cy shall, in collaboration with local educational agencies 

6 in the State, establish procedures for responding to requests 

7 from local educational agencies to consolidate administra8 tive funds under subsection (a) and for establishing limita9 tions on the amount of funds under those programs that 

10 may be used for administration on a consolidated basis. 

11 ‘‘(c) CONDITIONS.—A local educational agency that 

12 consolidates administrative funds under this section for any 

13 fiscal year shall not use any other funds under the programs 

14 included in the consolidation for administration for that 

15 fiscal year. 

16 ‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local edu17 cational agency that consolidates administrative funds 

18 under this section may use the consolidated funds for the 

19 administration of the programs and for uses, at the school 

20 district and school levels, comparable to those described in 

21 section 6201(b)(2). 

22 ‘‘(e) RECORDS.—A local educational agency that con23 solidates administrative funds under this section shall not 

24 be required to keep separate records, by individual program, 
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1 to account for costs relating to the administration of the 

2 programs included in the consolidation. 

3 ‘‘SEC. 6204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT 

4 OF THE INTERIOR FUNDS. 

5 ‘‘(a) GENERAL AUTHORITY.— 

6 ‘‘(1) TRANSFER.—The Secretary shall transfer to 

7 the Department of the Interior, as a consolidated 

8 amount for covered programs, the Indian education 

9 programs under part A of title V, and the education 

10 for homeless children and youth program under sub11 title B of title VII of the McKinney-Vento Homeless 

12 Assistance Act, the amounts allotted to the Depart13 ment of the Interior under those programs. 

14 ‘‘(2) AGREEMENT.— 

15 ‘‘(A) IN GENERAL.—The Secretary and the 

16 Secretary of the Interior shall enter into an 

17 agreement, consistent with the requirements of 

18 the programs specified in paragraph (1), for the 

19 distribution and use of those program funds 

20 under terms that the Secretary determines best 

21 meet the purposes of those programs. 

22 ‘‘(B) CONTENTS.—The agreement shall— 

23 ‘‘(i) set forth the plans of the Secretary 

24 of the Interior for the use of the amount 
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1 transferred and the achievement measures to 

2 assess program effectiveness; and 

3 ‘‘(ii) be developed in consultation with 

4 Indian tribes. 

5 ‘‘(b) ADMINISTRATION.—The Department of the Inte6 rior may use not more than 1.5 percent of the funds consoli7 dated under this section for its costs related to the adminis8 tration of the funds transferred under this section. 

9 ‘‘PART C—COORDINATION OF PROGRAMS; CON10 SOLIDATED STATE AND LOCAL PLANS AND 

11 APPLICATIONS 

12 ‘‘SEC. 6301. PURPOSES. 

13 ‘‘The purposes of this part are— 

14 ‘‘(1) to improve teaching and learning by en15 couraging greater cross-program coordination, plan16 ning, and service delivery; 

17 ‘‘(2) to provide greater flexibility to State and 

18 local authorities through consolidated plans, applica19 tions, and reporting; and 

20 ‘‘(3) to enhance the integration of programs 

21 under this Act with State and local programs. 

22 ‘‘SEC. 6302. OPTIONAL CONSOLIDATED STATE PLANS OR AP23 PLICATIONS. 

24 ‘‘(a) GENERAL AUTHORITY.— 
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1 ‘‘(1) SIMPLIFICATION.—In order to simplify ap2 plication requirements and reduce the burden for 

3 State educational agencies under this Act, the Sec4 retary, in accordance with subsection (b), shall estab5 lish procedures and criteria under which, after con6 sultation with the Governor, a State educational 

7 agency may submit a consolidated State plan or a 

8 consolidated State application meeting the require9 ments of this section for— 

10 ‘‘(A) each of the covered programs in which 

11 the State participates; and 

12 ‘‘(B) such other programs as the Secretary 

13 may designate. 

14 ‘‘(2) CONSOLIDATED APPLICATIONS AND

15 PLANS.—After consultation with the Governor, a 

16 State educational agency that submits a consolidated 

17 State plan or a consolidated State application under 

18 this section shall not be required to submit separate 

19 State plans or applications under any of the pro20 grams to which the consolidated State plan or consoli21 dated State application under this section applies. 

22 ‘‘(b) COLLABORATION.— 

23 ‘‘(1) IN GENERAL.—In establishing criteria and 

24 procedures under this section, the Secretary shall col25 laborate with State educational agencies and, as ap-
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1 propriate, with other State agencies, local educational 

2 agencies, public and private agencies, organizations, 

3 and institutions, private schools, and parents, stu4 dents, and teachers. 

5 ‘‘(2) CONTENTS.—Through the collaborative 

6 process described in paragraph (1), the Secretary 

7 shall establish, for each program under this Act to 

8 which this section applies, the descriptions, informa9 tion, assurances, and other material required to be in10 cluded in a consolidated State plan or consolidated 

11 State application. 

12 ‘‘(3) NECESSARY MATERIALS.—The Secretary 

13 shall require only descriptions, information, assur14 ances (including assurances of compliance with appli15 cable provisions regarding participation by private 

16 school children and teachers), and other materials 

17 that are absolutely necessary for the consideration of 

18 the consolidated State plan or consolidated State ap19 plication. 

20 ‘‘SEC. 6303. CONSOLIDATED REPORTING. 

21 ‘‘(a) IN GENERAL.—In order to simplify reporting re22 quirements and reduce reporting burdens, the Secretary 

23 shall establish procedures and criteria under which a State 

24 educational agency, in consultation with the Governor of 

25 the State, may submit a consolidated State annual report. 
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1 ‘‘(b) CONTENTS.—The report shall contain informa2 tion about the programs included in the report, including 

3 the performance of the State under those programs, and 

4 other matters as the Secretary determines are necessary, 

5 such as monitoring activities. 

6 ‘‘(c) REPLACEMENT.—The report shall replace sepa7 rate individual annual reports for the programs included 

8 in the consolidated State annual report. 

9 ‘‘SEC. 6304. GENERAL APPLICABILITY OF STATE EDU10 CATIONAL AGENCY ASSURANCES. 

11 ‘‘(a) ASSURANCES.—A State educational agency, in 

12 consultation with the Governor of the State, that submits 

13 a consolidated State plan or consolidated State application 

14 under this Act, whether separately or under section 6302, 

15 shall have on file with the Secretary a single set of assur16 ances, applicable to each program for which the plan or 

17 application is submitted, that provides that— 

18 ‘‘(1) each such program will be administered in 

19 accordance with all applicable statutes, regulations, 

20 program plans, and applications; 

21 ‘‘(2)(A) the control of funds provided under each 

22 such program and title to property acquired with 

23 program funds will be in a public agency, an eligible 

24 private agency, institution, or organization, or an In-
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1 dian tribe, if the law authorizing the program pro2 vides for assistance to those entities; and 

3 ‘‘(B) the public agency, eligible private agency, 

4 institution, or organization, or Indian tribe will ad5 minister those funds and property to the extent re6 quired by the authorizing law; 

7 ‘‘(3) the State will adopt and use proper methods 

8 of administering each such program, including— 

9 ‘‘(A) the enforcement of any obligations im10 posed by law on agencies, institutions, organiza11 tions, and other recipients responsible for car12 rying out each program; 

13 ‘‘(B) the correction of deficiencies in pro14 gram operations that are identified through au15 dits, monitoring, or evaluation; and 

16 ‘‘(C) the adoption of written procedures for 

17 the receipt and resolution of complaints alleging 

18 violations of law in the administration of the 

19 programs; 

20 ‘‘(4) the State will cooperate in carrying out any 

21 evaluation of each such program conducted by or for 

22 the Secretary or other Federal officials; 

23 ‘‘(5) the State will use such fiscal control and 

24 fund accounting procedures that will ensure proper 
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1 disbursement of, and accounting for, Federal funds 

2 paid to the State under each such program; 

3 ‘‘(6) the State will— 

4 ‘‘(A) make reports to the Secretary as may 

5 be necessary to enable the Secretary to perform 

6 the Secretary’s duties under each such program; 

7 and 

8 ‘‘(B) maintain such records, provide such 

9 information to the Secretary, and afford such ac10 cess to the records as the Secretary may find nec11 essary to carry out the Secretary’s duties; and 

12 ‘‘(7) before the plan or application was sub13 mitted to the Secretary, the State afforded a reason14 able opportunity for public comment on the plan or 

15 application and considered such comment. 

16 ‘‘(b) GEPA PROVISION.—Section 441 of the General 

17 Education Provisions Act shall not apply to programs 

18 under this Act. 

19 ‘‘SEC. 6305. CONSOLIDATED LOCAL PLANS OR APPLICA20 TIONS. 

21 ‘‘(a) GENERAL AUTHORITY.— 

22 ‘‘(1) CONSOLIDATED PLAN.—A local educational 

23 agency receiving funds under more than one covered 

24 program may submit plans or applications to the 
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1 State educational agency under those programs on a 

2 consolidated basis. 

3 ‘‘(2) AVAILABILITY TO GOVERNOR.—The State 

4 educational agency shall make any consolidated local 

5 plans and applications available to the Governor. 

6 ‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA7 TIONS.—A State educational agency that has an approved 

8 consolidated State plan or application under section 6302 

9 may require local educational agencies in the State receiv10 ing funds under more than one program included in the 

11 consolidated State plan or consolidated State application 

12 to submit consolidated local plans or applications under 

13 those programs, but may not require those agencies to sub14 mit separate plans. 

15 ‘‘(c) COLLABORATION.—A State educational agency, in 

16 consultation with the Governor, shall collaborate with local 

17 educational agencies in the State in establishing procedures 

18 for the submission of the consolidated State plans or consoli19 dated State applications under this section. 

20 ‘‘(d) NECESSARY MATERIALS.—The State educational 

21 agency shall require only descriptions, information, assur22 ances, and other material that are absolutely necessary for 

23 the consideration of the local educational agency plan or 

24 application. 
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1 ‘‘SEC. 6306. OTHER GENERAL ASSURANCES. 

2 ‘‘(a) ASSURANCES.—Any applicant, other than a State 

3 educational agency that submits a plan or application 

4 under this Act, shall have on file with the State educational 

5 agency a single set of assurances, applicable to each pro6 gram for which a plan or application is submitted, that 

7 provides that— 

8 ‘‘(1) each such program will be administered in 

9 accordance with all applicable statutes, regulations, 

10 program plans, and applications; 

11 ‘‘(2)(A) the control of funds provided under each 

12 such program and title to property acquired with 

13 program funds will be in a public agency or in an 

14 eligible private agency, institution, organization, or 

15 Indian tribe, if the law authorizing the program pro16 vides for assistance to those entities; and 

17 ‘‘(B) the public agency, eligible private agency, 

18 institution, or organization, or Indian tribe will ad19 minister the funds and property to the extent required 

20 by the authorizing statutes; 

21 ‘‘(3) the applicant will adopt and use proper 

22 methods of administering each such program, includ23 ing— 

24 ‘‘(A) the enforcement of any obligations im25 posed by law on agencies, institutions, organiza-
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•S 1177 EAH 

1 tions, and other recipients responsible for car2 rying out each program; and 

3 ‘‘(B) the correction of deficiencies in pro4 gram operations that are identified through au5 dits, monitoring, or evaluation; 

6 ‘‘(4) the applicant will cooperate in carrying out 

7 any evaluation of each such program conducted by or 

8 for the State educational agency, the Secretary, or 

9 other Federal officials; 

10 ‘‘(5) the applicant will use such fiscal control 

11 and fund accounting procedures as will ensure proper 

12 disbursement of, and accounting for, Federal funds 

13 paid to the applicant under each such program; 

14 ‘‘(6) the applicant will— 

15 ‘‘(A) submit such reports to the State edu16 cational agency (which shall make the reports 

17 available to the Governor) and the Secretary as 

18 the State educational agency and Secretary may 

19 require to enable the State educational agency 

20 and the Secretary to perform their duties under 

21 each such program; and 

22 ‘‘(B) maintain such records, provide such 

23 information, and afford such access to the 

24 records as the State educational agency (after 

25 consultation with the Governor) or the Secretary 
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•S 1177 EAH 

1 may reasonably require to carry out the State 

2 educational agency’s or the Secretary’s duties; 

3 and 

4 ‘‘(7) before the application was submitted, the 

5 applicant afforded a reasonable opportunity for pub6 lic comment on the application and considered such 

7 comment. 

8 ‘‘(b) GEPA PROVISION.—Section 442 of the General 

9 Education Provisions Act shall not apply to programs 

10 under this Act. 

11 ‘‘PART D—WAIVERS 

12 ‘‘SEC. 6401. WAIVERS OF STATUTORY AND REGULATORY RE13 QUIREMENTS. 

14 ‘‘(a) IN GENERAL.— 

15 ‘‘(1) REQUEST FOR WAIVER.—A State edu16 cational agency, local educational agency, or Indian 

17 tribe that receives funds under a program authorized 

18 under this Act may submit a request to the Secretary 

19 to waive any statutory or regulatory requirement of 

20 this Act. 

21 ‘‘(2) RECEIPT OF WAIVER.—Except as provided 

22 in subsection (c) and subject to the limits in sub23 section (b)(5)(A), the Secretary shall waive any statu24 tory or regulatory requirement of this Act for a State 

25 educational agency, local educational agency, Indian 
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1 tribe, or school (through a local educational agency), 

2 that submits a waiver request pursuant to this sub3 section. 

4 ‘‘(b) PLAN.— 

5 ‘‘(1) IN GENERAL.—A State educational agency, 

6 local educational agency, or Indian tribe that desires 

7 a waiver under this section shall submit a waiver re8 quest to the Secretary, which shall include a plan 

9 that— 

10 ‘‘(A) identifies the Federal programs af11 fected by the requested waiver; 

12 ‘‘(B) describes which Federal statutory or 

13 regulatory requirements are to be waived; 

14 ‘‘(C) reasonably demonstrates that the waiv15 er will improve instruction for students and ad16 vance student academic achievement; 

17 ‘‘(D) describes the methods the State edu18 cational agency, local educational agency, or In19 dian tribe will use to monitor the effectiveness of 

20 the implementation of the plan; and 

21 ‘‘(E) describes how schools will continue to 

22 provide assistance to the same populations served 

23 by programs for which the waiver is requested. 

24 ‘‘(2) ADDITIONAL INFORMATION.—A waiver re25 quest under this section— 
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1 ‘‘(A) may provide for waivers of require2 ments applicable to State educational agencies, 

3 local educational agencies, Indian tribes, and 

4 schools; and 

5 ‘‘(B) shall be developed and submitted— 

6 ‘‘(i)(I) by local educational agencies 

7 (on behalf of those agencies and schools) to 

8 State educational agencies; and 

9 ‘‘(II) by State educational agencies (on 

10 their own behalf, or on behalf of, and based 

11 on the requests of, local educational agencies 

12 in the State) to the Secretary; or 

13 ‘‘(ii) by Indian tribes (on behalf of 

14 schools operated by the tribes) to the Sec15 retary. 

16 ‘‘(3) GENERAL REQUIREMENTS.— 

17 ‘‘(A) STATE EDUCATIONAL AGENCIES.—In 

18 the case of a waiver request submitted by a State 

19 educational agency acting on its own behalf, or 

20 on behalf of local educational agencies in the 

21 State, the State educational agency shall— 

22 ‘‘(i) provide the public and local edu23 cational agencies in the State with notice 

24 and a reasonable opportunity to comment 

25 and provide input on the request; 
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•S 1177 EAH 

1 ‘‘(ii) submit the comments and input 

2 to the Secretary, with a description of how 

3 the State addressed the comments and 

4 input; and 

5 ‘‘(iii) provide notice and a reasonable 

6 time to comment to the public and local 

7 educational agencies in the manner in 

8 which the applying agency customarily pro9 vides similar notice and opportunity to 

10 comment to the public. 

11 ‘‘(B) LOCAL EDUCATIONAL AGENCIES.—In 

12 the case of a waiver request submitted by a local 

13 educational agency that receives funds under this 

14 Act— 

15 ‘‘(i) the request shall be reviewed by the 

16 State educational agency and be accom17 panied by the comments, if any, of the State 

18 educational agency and the public; and 

19 ‘‘(ii) notice and a reasonable oppor20 tunity to comment regarding the waiver re21 quest shall be provided to the State edu22 cational agency and the public by the agen23 cy requesting the waiver in the manner in 

24 which that agency customarily provides 
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1 similar notice and opportunity to comment 

2 to the public. 

3 ‘‘(4) PEER REVIEW.— 

4 ‘‘(A) ESTABLISHMENT.—The Secretary shall 

5 establish a multi-disciplinary peer review team, 

6 which shall meet the requirements of section 

7 6543, to review waiver requests under this sec8 tion. 

9 ‘‘(B) APPLICABILITY.—The Secretary may 

10 approve a waiver request under this section 

11 without conducting a peer review of the request, 

12 but shall use the peer review process under this 

13 paragraph before disapproving such a request. 

14 ‘‘(C) STANDARD AND NATURE OF REVIEW.— 

15 Peer reviewers shall conduct a good faith review 

16 of waiver requests submitted to them under this 

17 section. Peer reviewers shall review such waiver 

18 requests— 

19 ‘‘(i) in their totality; 

20 ‘‘(ii) in deference to State and local 

21 judgment; and 

22 ‘‘(iii) with the goal of promoting State23 and local-led innovation. 

24 ‘‘(5) WAIVER DETERMINATION, DEMONSTRATION, 

25 AND REVISION.— 
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1 ‘‘(A) IN GENERAL.—The Secretary shall ap2 prove a waiver request not more than 60 days 

3 after the date on which such request is submitted, 

4 unless the Secretary determines and dem5 onstrates that— 

6 ‘‘(i) the waiver request does not meet 

7 the requirements of this section; 

8 ‘‘(ii) the waiver is not permitted under 

9 subsection (c); 

10 ‘‘(iii) the plan that is required under 

11 paragraph (1)(C), and reviewed with def12 erence to State and local judgment, provides 

13 no reasonable evidence to determine that a 

14 waiver will enhance student academic 

15 achievement; or 

16 ‘‘(iv) the waiver request does not pro17 vide for adequate evaluation to ensure re18 view and continuous improvement of the 

19 plan. 

20 ‘‘(B) WAIVER DETERMINATION AND REVI21 SION.—If the Secretary determines and dem22 onstrates that the waiver request does not meet 

23 the requirements of this section, the Secretary 

24 shall— 

25 ‘‘(i) immediately— 
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•S 1177 EAH 

1 ‘‘(I) notify the State educational 

2 agency, local educational agency, or 

3 Indian tribe of such determination; 

4 and 

5 ‘‘(II) at the request of the State 

6 educational agency, local educational 

7 agency, or Indian tribe, provide de8 tailed reasons for such determination 

9 in writing; 

10 ‘‘(ii) offer the State educational agen11 cy, local educational agency, or Indian tribe 

12 an opportunity to revise and resubmit the 

13 waiver request not more than 60 days after 

14 the date of such determination; and 

15 ‘‘(iii) if the Secretary determines that 

16 the resubmission does not meet the require17 ments of this section, at the request of the 

18 State educational agency, local educational 

19 agency, or Indian tribe, conduct a public 

20 hearing not more than 30 days after the 

21 date of such resubmission. 

22 ‘‘(C) WAIVER DISAPPROVAL.—The Secretary 

23 may disapprove a waiver request if— 

24 ‘‘(i) the State educational agency, local 

25 educational agency, or Indian tribe has 
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•S 1177 EAH 

1 been notified and offered an opportunity to 

2 revise and resubmit the waiver request, as 

3 described under clauses (i) and (ii) of sub4 paragraph (B); and 

5 ‘‘(ii) the State educational agency, 

6 local educational agency, or Indian tribe— 

7 ‘‘(I) does not revise and resubmit 

8 the waiver request; or 

9 ‘‘(II) revises and resubmits the 

10 waiver request, and the Secretary de11 termines that such waiver request does 

12 not meet the requirements of this sec13 tion after a hearing conducted under 

14 subparagraph (B)(iii), if requested. 

15 ‘‘(D) EXTERNAL CONDITIONS.—The Sec16 retary shall not, directly or indirectly, require or 

17 impose new or additional requirements in ex18 change for receipt of a waiver if such require19 ments are not specified in this Act. 

20 ‘‘(c) RESTRICTIONS.—The Secretary shall not waive 

21 under this section any statutory or regulatory requirements 

22 relating to— 

23 ‘‘(1) the allocation or distribution of funds to 

24 States, local educational agencies, Indian tribes, or 

25 other recipients of funds under this Act; 
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•S 1177 EAH 

1 ‘‘(2) comparability of services; 

2 ‘‘(3) use of Federal funds to supplement, not sup3 plant, non-Federal funds; 

4 ‘‘(4) equitable participation of private school stu5 dents and teachers; 

6 ‘‘(5) parental participation and involvement; 

7 ‘‘(6) applicable civil rights requirements; 

8 ‘‘(7) the prohibitions— 

9 ‘‘(A) in subpart 2 of part E; 

10 ‘‘(B) regarding use of funds for religious 

11 worship or instruction in section 6505; and 

12 ‘‘(C) regarding activities in section 6524; or 

13 ‘‘(8) the selection of a school attendance area or 

14 school under subsections (a) and (b) of section 1113, 

15 except that the Secretary may grant a waiver to allow 

16 a school attendance area or school to participate in 

17 activities under subpart 1 of part A of title I if the 

18 percentage of children from low-income families in 

19 the school attendance area or who attend the school is 

20 not more than 10 percentage points below the lowest 

21 percentage of those children for any school attendance 

22 area or school of the local educational agency that 

23 meets the requirements of subsections (a) and (b) of 

24 section 1113. 
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•S 1177 EAH 

1 ‘‘(d) DURATION AND EXTENSION OF WAIVER; LIMITA2 TIONS.— 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), a waiver approved by the Secretary under 

5 this section may be for a period not to exceed 3 years. 

6 ‘‘(2) EXTENSION.—The Secretary may extend the 

7 period described in paragraph (1) if the State dem8 onstrates that— 

9 ‘‘(A) the waiver has been effective in ena10 bling the State or affected recipient to carry out 

11 the activities for which the waiver was requested 

12 and the waiver has contributed to improved stu13 dent achievement; and 

14 ‘‘(B) the extension is in the public interest. 

15 ‘‘(3) SPECIFIC LIMITATIONS.—The Secretary 

16 shall not require a State educational agency, local 

17 educational agency, or Indian tribe, as a condition of 

18 approval of a waiver request, to— 

19 ‘‘(A) include in, or delete from, such request, 

20 specific academic standards, such as the Com21 mon Core State Standards developed under the 

22 Common Core State Standards Initiative or any 

23 other standards common to a significant number 

24 of States; 
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•S 1177 EAH 

1 ‘‘(B) use specific academic assessment in2 struments or items, including assessments 

3 aligned to the standards described in subpara4 graph (A); or 

5 ‘‘(C) include in, or delete from, such waiver 

6 request any criterion that specifies, defines, de7 scribes, or prescribes the standards or measures 

8 that a State or local educational agency or In9 dian tribe uses to establish, implement, or im10 prove— 

11 ‘‘(i) State academic standards; 

12 ‘‘(ii) academic assessments; 

13 ‘‘(iii) State accountability systems; or 

14 ‘‘(iv) teacher and school leader evalua15 tion systems. 

16 ‘‘(e) REPORTS.— 

17 ‘‘(1) WAIVER REPORTS.—A State educational 

18 agency, local educational agency, or Indian tribe that 

19 receives a waiver under this section shall, at the end 

20 of the second year for which a waiver is received 

21 under this section and each subsequent year, submit 

22 a report to the Secretary that— 

23 ‘‘(A) describes the uses of the waiver by the 

24 agency or by schools; 
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1 ‘‘(B) describes how schools continued to pro2 vide assistance to the same populations served by 

3 the programs for which waivers were granted; 

4 and 

5 ‘‘(C) evaluates the progress of the agency 

6 and schools, or Indian tribe, in improving the 

7 quality of instruction or the academic achieve8 ment of students. 

9 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

10 shall annually submit to the Committee on Education 

11 and the Workforce of the House of Representatives 

12 and the Committee on Health, Education, Labor, and 

13 Pensions of the Senate a report— 

14 ‘‘(A) summarizing the uses of waivers by 

15 State educational agencies, local educational 

16 agencies, Indian tribes, and schools; and 

17 ‘‘(B) describing the status of the waivers in 

18 improving academic achievement. 

19 ‘‘(f) TERMINATION OF WAIVERS.—The Secretary shall 

20 terminate a waiver under this section if the Secretary deter21 mines, after notice and an opportunity for a hearing, that 

22 the performance of the State or other recipient affected by 

23 the waiver has been inadequate to justify a continuation 

24 of the waiver and the recipient of the waiver has failed to 

25 make revisions needed to carry out the purpose of the waiv-
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1 er, or if the waiver is no longer necessary to achieve its 

2 original purpose. 

3 ‘‘(g) PUBLICATION.—A notice of the Secretary’s deci4 sion to grant each waiver under subsection (a) shall be pub5 lished in the Federal Register and the Secretary shall pro6 vide for the dissemination of the notice to State educational 

7 agencies, interested parties, including educators, parents, 

8 students, advocacy and civil rights organizations, and the 

9 public. 

10 ‘‘PART E—UNIFORM PROVISIONS 

11 ‘‘Subpart 1—Private Schools 

12 ‘‘SEC. 6501. PARTICIPATION BY PRIVATE SCHOOL CHIL13 DREN AND TEACHERS. 

14 ‘‘(a) PRIVATE SCHOOL PARTICIPATION.— 

15 ‘‘(1) IN GENERAL.—Except as otherwise provided 

16 in this Act, to the extent consistent with the number 

17 of eligible children in areas served by a State edu18 cational agency, local educational agency, educational 

19 service agency, consortium of those agencies, or an20 other entity receiving financial assistance under a 

21 program specified in subsection (b), who are enrolled 

22 in private elementary schools and secondary schools 

23 in areas served by such agency, consortium, or entity, 

24 the agency, consortium, or entity shall, after timely 

25 and meaningful consultation with appropriate pri-
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•S 1177 EAH 

1 vate school officials or their representatives, provide to 

2 those children and their teachers or other educational 

3 personnel, on an equitable basis, special educational 

4 services or other benefits that address their needs 

5 under the program. 

6 ‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL

7 SERVICES OR BENEFITS.—Educational services or 

8 other benefits, including materials and equipment, 

9 provided under this section, shall be secular, neutral, 

10 and nonideological. 

11 ‘‘(3) SPECIAL RULE.— 

12 ‘‘(A) IN GENERAL.—Educational services 

13 and other benefits provided under this section for 

14 private school children, teachers, and other edu15 cational personnel shall be equitable in compari16 son to services and other benefits for public 

17 school children, teachers, and other educational 

18 personnel participating in the program and 

19 shall be provided in a timely manner. 

20 ‘‘(B) OMBUDSMAN.—To help ensure equi21 table services are provided to private school chil22 dren, teachers, and other educational personnel 

23 under this section, the State educational agency 

24 involved shall designate the ombudsman des25 ignated by the agency under section 
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1 1120(a)(3)(B) to monitor and enforce require2 ments of this section. 

3 ‘‘(4) EXPENDITURES.— 

4 ‘‘(A) IN GENERAL.—Expenditures for edu5 cational services and other benefits to eligible 

6 private school children, teachers, and other serv7 ice personnel shall be equal to the expenditures 

8 for participating public school children, taking 

9 into account the number and educational needs, 

10 of the children to be served. 

11 ‘‘(B) OBLIGATION OF FUNDS.—Funds allo12 cated to a local educational agency for edu13 cational services and other benefits to eligible 

14 private school children shall— 

15 ‘‘(i) be obligated in the fiscal year for 

16 which the funds are received by the agency; 

17 and 

18 ‘‘(ii) with respect to any such funds 

19 that cannot be so obligated, be used to serve 

20 such children in the following fiscal year. 

21 ‘‘(C) NOTICE OF ALLOCATION.—Each State 

22 educational agency shall— 

23 ‘‘(i) determine, in a timely manner, 

24 the proportion of funds to be allocated to 

25 each local educational agency in the State 
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1 for educational services and other benefits 

2 under this subpart to eligible private school 

3 children; and 

4 ‘‘(ii) provide notice, simultaneously, to 

5 each such local educational agency and the 

6 appropriate private school officials or their 

7 representatives in the State of such alloca8 tion of funds. 

9 ‘‘(5) PROVISION OF SERVICES.—An agency, con10 sortium, or entity described in subsection (a)(1) of 

11 this section may provide those services directly or 

12 through contracts with public and private agencies, 

13 organizations, and institutions. 

14 ‘‘(b) APPLICABILITY.— 

15 ‘‘(1) IN GENERAL.—This section applies to pro16 grams under— 

17 ‘‘(A) subpart 2 of part A of title I; 

18 ‘‘(B) subpart 4 of part A of title I; 

19 ‘‘(C) part A of title II; 

20 ‘‘(D) part B of title II; and 

21 ‘‘(E) part B of title III. 

22 ‘‘(2) DEFINITION.—For the purpose of this sec23 tion, the term ‘eligible children’ means children eligi24 ble for services under a program described in para25 graph (1). 
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1 ‘‘(c) CONSULTATION.— 

2 ‘‘(1) IN GENERAL.—To ensure timely and mean3 ingful consultation, a State educational agency, local 

4 educational agency, educational service agency, con5 sortium of those agencies, or entity shall consult, in 

6 order to reach an agreement, with appropriate pri7 vate school officials or their representatives during the 

8 design and development of the programs under this 

9 Act, on issues such as— 

10 ‘‘(A) how the children’s needs will be identi11 fied; 

12 ‘‘(B) what services will be offered; 

13 ‘‘(C) how, where, and by whom the services 

14 will be provided; 

15 ‘‘(D) how the services will be assessed and 

16 how the results of the assessment will be used to 

17 improve those services; 

18 ‘‘(E) the size and scope of the equitable serv19 ices to be provided to the eligible private school 

20 children, teachers, and other educational per21 sonnel, the proportion of funds that are allocated 

22 for such services, how that proportion of funds is 

23 determined, and an itemization of the costs of 

24 the services to be provided; 
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1 ‘‘(F) how and when the agency, consortium, 

2 or entity will make decisions about the delivery 

3 of services, including a thorough consideration 

4 and analysis of the views of the private school of5 ficials or their representatives on the provision of 

6 services through potential third-party providers 

7 or contractors; 

8 ‘‘(G) how, if the agency disagrees with the 

9 views of the private school officials or their rep10 resentatives on the provision of services through 

11 a contract, the local educational agency will pro12 vide in writing to such private school officials or 

13 their representatives an analysis of the reasons 

14 why the local educational agency has chosen not 

15 to use a contractor; 

16 ‘‘(H) whether the agency will provide serv17 ices under this section directly or through con18 tracts with public or private agencies, organiza19 tions, or institutions; and 

20 ‘‘(I) whether to provide equitable services to 

21 eligible private school children— 

22 ‘‘(i) by creating a pool or pools of 

23 funds with all of the funds allocated under 

24 subsection (a)(4) based on all the children 

25 from low-income families who attend pri-
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1 vate schools in a participating school at2 tendance area from which the local edu3 cational agency will provide such services to 

4 all such children; or 

5 ‘‘(ii) by providing such services to eli6 gible children in each private school in the 

7 local educational agency’s participating 

8 school attendance area with the proportion 

9 of funds allocated under subsection (a)(4) 

10 based on the number of children from low11 income families who attend such school. 

12 ‘‘(2) DISAGREEMENT.—If the agency, consor13 tium, or entity disagrees with the views of the private 

14 school officials or their representatives with respect to 

15 an issue described in paragraph (1), the agency, con16 sortium, or entity shall provide to the private school 

17 officials or their representatives a written explanation 

18 of the reasons why the local educational agency has 

19 chosen not to adopt the course of action requested by 

20 such officials or their representatives. 

21 ‘‘(3) TIMING.—The consultation required by 

22 paragraph (1) shall occur before the agency, consor23 tium, or entity makes any decision that affects the op24 portunities of eligible private school children, teachers, 

25 and other educational personnel to participate in pro-
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1 grams under this Act, and shall continue throughout 

2 the implementation and assessment of activities under 

3 this section. 

4 ‘‘(4) DISCUSSION REQUIRED.—The consultation 

5 required by paragraph (1) shall include a discussion 

6 of service delivery mechanisms that the agency, con7 sortium, or entity could use to provide equitable serv8 ices to eligible private school children, teachers, ad9 ministrators, and other staff. 

10 ‘‘(5) DOCUMENTATION.—Each local educational 

11 agency shall maintain in the agency’s records and 

12 provide to the State educational agency involved a 

13 written affirmation signed by officials or their rep14 resentatives of each participating private school that 

15 the meaningful consultation required by this section 

16 has occurred. The written affirmation shall provide 

17 the option for private school officials or their rep18 resentatives to indicate that timely and meaningful 

19 consultation has not occurred or that the program de20 sign is not equitable with respect to eligible private 

21 school children. If such officials or their representa22 tives do not provide such affirmation within a rea23 sonable period of time, the local educational agency 

24 shall forward the documentation that such consulta-
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1 tion has, or attempts at such consultation have, taken 

2 place to the State educational agency. 

3 ‘‘(6) COMPLIANCE.— 

4 ‘‘(A) IN GENERAL.—If the consultation re5 quired under this section is with a local edu6 cational agency or educational service agency, a 

7 private school official or representative shall 

8 have the right to file a complaint with the State 

9 educational agency that the consultation re10 quired under this section was not meaningful 

11 and timely, did not give due consideration to the 

12 views of the private school official or representa13 tive, or did not treat the private school or its stu14 dents equitably as required by this section. 

15 ‘‘(B) PROCEDURE.—If the private school of16 ficial or representative wishes to file a com17 plaint, the private school official or representa18 tive shall provide the basis of the noncompliance 

19 with this section and all parties shall provide the 

20 appropriate documentation to the appropriate 

21 officials or representatives. 

22 ‘‘(C) SERVICES.—A State educational agen23 cy shall provide services under this section di24 rectly or through contracts with public and pri-
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1 vate agencies, organizations, and institutions, 

2 if— 

3 ‘‘(i) the appropriate private school offi4 cials or their representatives have— 

5 ‘‘(I) requested that the State edu6 cational agency provide such services 

7 directly; and 

8 ‘‘(II) demonstrated that the local 

9 educational agency or Education Serv10 ice Agency involved has not met the re11 quirements of this section; or 

12 ‘‘(ii) in a case in which— 

13 ‘‘(I) a local educational agency 

14 has more than 10,000 children from 

15 low-income families who attend private 

16 elementary schools or secondary schools 

17 in such agency’s school attendance 

18 areas, as defined in section 

19 1113(a)(2)(A), that are not being 

20 served by the agency’s program under 

21 this section; or 

22 ‘‘(II) 90 percent of the eligible 

23 private school students in a school at24 tendance area, as defined in section 

25 1113(a)(2)(A), are not being served by 
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1 the agency’s program under this sec2 tion. 

3 ‘‘(d) PUBLIC CONTROL OF FUNDS.— 

4 ‘‘(1) IN GENERAL.—The control of funds used to 

5 provide services under this section, and title to mate6 rials, equipment, and property purchased with those 

7 funds, shall be in a public agency for the uses and 

8 purposes provided in this Act, and a public agency 

9 shall administer the funds and property. 

10 ‘‘(2) PROVISION OF SERVICES.— 

11 ‘‘(A) IN GENERAL.—The provision of serv12 ices under this section shall be provided— 

13 ‘‘(i) by employees of a public agency; 

14 or 

15 ‘‘(ii) through contract by the public 

16 agency with an individual, association, 

17 agency, organization, or other entity. 

18 ‘‘(B) INDEPENDENCE; PUBLIC AGENCY.—In 

19 the provision of those services, the employee, per20 son, association, agency, organization, or other 

21 entity shall be independent of the private school 

22 and of any religious organization, and the em23 ployment or contract shall be under the control 

24 and supervision of the public agency. 
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1 ‘‘(C) COMMINGLING OF FUNDS PROHIB2 ITED.—Funds used to provide services under this 

3 section shall not be commingled with non-Fed4 eral funds. 

5 ‘‘SEC. 6502. STANDARDS FOR BY-PASS. 

6 ‘‘(a) IN GENERAL.—If, by reason of any provision of 

7 law, a State educational agency, local educational agency, 

8 educational service agency, consortium of those agencies, or 

9 other entity is prohibited from providing for the participa10 tion in programs of children enrolled in, or teachers or other 

11 educational personnel from, private elementary schools and 

12 secondary schools, on an equitable basis, or if the Secretary 

13 determines that the agency, consortium, or entity has sub14 stantially failed or is unwilling to provide for that partici15 pation, as required by section 6501, the Secretary shall— 

16 ‘‘(1) waive the requirements of that section for 

17 the agency, consortium, or entity; and 

18 ‘‘(2) arrange for the provision of equitable serv19 ices to those children, teachers, or other educational 

20 personnel through arrangements that shall be subject 

21 to the requirements of this section and of sections 

22 6501, 6503, and 6504. 

23 ‘‘(b) DETERMINATION.—In making the determination 

24 under subsection (a), the Secretary shall consider one or 

25 more factors, including the quality, size, scope, and location 
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1 of the program, and the opportunity of private school chil2 dren, teachers, and other educational personnel to partici3 pate in the program. 

4 ‘‘SEC. 6503. COMPLAINT PROCESS FOR PARTICIPATION OF 

5 PRIVATE SCHOOL CHILDREN. 

6 ‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary 

7 shall develop and implement written procedures for receiv8 ing, investigating, and resolving complaints from parents, 

9 teachers, or other individuals and organizations concerning 

10 violations of section 6501 by a State educational agency, 

11 local educational agency, educational service agency, con12 sortium of those agencies, or entity. The individual or orga13 nization shall submit the complaint to the State educational 

14 agency for a written resolution by the State educational 

15 agency within 45 days. 

16 ‘‘(b) APPEALS TO SECRETARY.—The resolution may be 

17 appealed by an interested party to the Secretary not later 

18 than 30 days after the State educational agency resolves 

19 the complaint or fails to resolve the complaint within the 

20 45-day time limit. The appeal shall be accompanied by a 

21 copy of the State educational agency’s resolution, and, if 

22 there is one, a complete statement of the reasons supporting 

23 the appeal. The Secretary shall investigate and resolve the 

24 appeal not later than 90 days after receipt of the appeal. 
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1 ‘‘Subpart 2—Prohibitions 

2 ‘‘SEC. 6521. PROHIBITION AGAINST FEDERAL MANDATES, 

3 DIRECTION, OR CONTROL. 

4 ‘‘(a) IN GENERAL.—No officer or employee of the Fed5 eral Government shall, directly or indirectly, through 

6 grants, contracts, or other cooperative agreements, mandate, 

7 direct, incentivize, or control a State, local educational 

8 agency, or school’s specific instructional content, academic 

9 standards and assessments, curricula, or program of in10 struction, (including any requirement, direction, incentive, 

11 or mandate to adopt the Common Core State Standards 

12 developed under the Common Core State Standards Initia13 tive or any other academic standards common to a signifi14 cant number of States), nor shall anything in this Act be 

15 construed to authorize such officer or employee to do so. 

16 ‘‘(b) FINANCIAL SUPPORT.—No officer or employee of 

17 the Federal Government shall, directly or indirectly, 

18 through grants, contracts, or other cooperative agreements, 

19 make financial support available in a manner that is con20 ditioned upon a State, local educational agency, or school’s 

21 adoption of specific instructional content, academic stand22 ards and assessments, curriculum, or program of instruc23 tion, (including any requirement, direction, or mandate to 

24 adopt the Common Core State Standards developed under 

25 the Common Core State Standards Initiative, any other 

26 academic standards common to a significant number of 
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1 States, or any assessment, instructional content, or cur2 riculum aligned to such standards), even if such require3 ments are specified in an Act other than this Act, nor shall 

4 anything in this Act be construed to authorize such officer 

5 or employee to do so. 

6 ‘‘SEC. 6522. PROHIBITIONS ON FEDERAL GOVERNMENT AND 

7 USE OF FEDERAL FUNDS. 

8 ‘‘(a) GENERAL PROHIBITION.—Nothing in this Act 

9 shall be construed to authorize an officer or employee of the 

10 Federal Government directly or indirectly, whether through 

11 a grant, contract, or cooperative agreement, to mandate, di12 rect, or control a State, local educational agency, or school’s 

13 curriculum, program of instruction, or allocation of State 

14 or local resources, or mandate a State or any subdivision 

15 thereof to spend any funds or incur any costs not paid for 

16 under this Act. 

17 ‘‘(b) PROHIBITION ON ENDORSEMENT OF CUR18 RICULUM.—Notwithstanding any other prohibition of Fed19 eral law, no funds provided to the Department under this 

20 Act may be used by the Department directly or indirectly— 

21 whether through a grant, contract, or cooperative agree22 ment—to endorse, approve, develop, require, or sanction 

23 any curriculum, including any curriculum aligned to the 

24 Common Core State Standards developed under the Com25 mon Core State Standards Initiative or any other academic 
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1 standards common to a significant number of States, de2 signed to be used in an elementary school or secondary 

3 school. 

4 ‘‘(c) LOCAL CONTROL.—Nothing in this Act shall be 

5 construed to— 

6 ‘‘(1) authorize an officer or employee of the Fed7 eral Government directly or indirectly—whether 

8 through a grant, contract, or cooperative agreement— 

9 to mandate, direct, review, or control a State, local 

10 educational agency, or school’s instructional content, 

11 curriculum, and related activities; 

12 ‘‘(2) limit the application of the General Edu13 cation Provisions Act; 

14 ‘‘(3) require the distribution of scientifically or 

15 medically false or inaccurate materials or to prohibit 

16 the distribution of scientifically or medically true or 

17 accurate materials; or 

18 ‘‘(4) create any legally enforceable right. 

19 ‘‘(d) PROHIBITION ON REQUIRING FEDERAL AP20 PROVAL OR CERTIFICATION OF STANDARDS.—Notwith21 standing any other provision of Federal law, no State shall 

22 be required to have academic standards approved or cer23 tified by the Federal Government, in order to receive assist24 ance under this Act. 
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1 ‘‘(e) RULE OF CONSTRUCTION ON BUILDING STAND2 ARDS.—Nothing in this Act shall be construed to mandate 

3 national school building standards for a State, local edu4 cational agency, or school. 

5 ‘‘SEC. 6523. PROHIBITION ON FEDERALLY SPONSORED 

6 TESTING. 

7 ‘‘(a) GENERAL PROHIBITION.—Notwithstanding any 

8 other provision of Federal law and except as provided in 

9 subsection (b), no funds provided under this Act to the Sec10 retary or to the recipient of any award may be used to 

11 develop, pilot test, field test, implement, administer, or dis12 tribute any federally sponsored national test or testing ma13 terials in reading, mathematics, or any other subject, unless 

14 specifically and explicitly authorized by law. 

15 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 

16 international comparative assessments developed under the 

17 authority of section 153(a)(5) of the Education Sciences Re18 form Act of 2002 and administered to only a representative 

19 sample of pupils in the United States and in foreign na20 tions. 

21 ‘‘SEC. 6524. LIMITATIONS ON NATIONAL TESTING OR CER22 TIFICATION FOR TEACHERS. 

23 ‘‘(a) MANDATORY NATIONAL TESTING OR CERTIFI24 CATION OF TEACHERS.—Notwithstanding any other provi25 sion of this Act or any other provision of law, no funds 
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1 available to the Department or otherwise available under 

2 this Act may be used for any purpose relating to a manda3 tory nationwide test or certification of teachers or education 

4 paraprofessionals, including any planning, development, 

5 implementation, or administration of such test or certifi6 cation. 

7 ‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The 

8 Secretary is prohibited from withholding funds from any 

9 State educational agency or local educational agency if the 

10 State educational agency or local educational agency fails 

11 to adopt a specific method of teacher or paraprofessional 

12 certification. 

13 ‘‘SEC. 6525. PROHIBITED USES OF FUNDS. 

14 ‘‘No funds under this Act may be used— 

15 ‘‘(1) for construction, renovation, or repair of 

16 any school facility, except as authorized under title IV 

17 or otherwise authorized under this Act; 

18 ‘‘(2) for medical services, drug treatment or re19 habilitation, except for specialized instructional sup20 port services or referral to treatment for students who 

21 are victims of, or witnesses to, crime or who illegally 

22 use drugs; 

23 ‘‘(3) for transportation unless otherwise author24 ized under this Act; 
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1 ‘‘(4) to develop or distribute materials, or oper2 ate programs or courses of instruction directed at 

3 youth, that are designed to promote or encourage sex4 ual activity, or normalize teen sexual activity as an 

5 expected behavior, implicitly or explicitly, whether ho6 mosexual or heterosexual; 

7 ‘‘(5) to distribute or to aid in the distribution on 

8 school grounds by any organization of legally obscene 

9 materials to minors or any instruction or materials 

10 that normalize teen sexual activity as an expected be11 havior; 

12 ‘‘(6) to provide sex education or HIV-prevention 

13 education in schools unless that instruction is age ap14 propriate and includes the health benefits of absti15 nence; or 

16 ‘‘(7) to operate a program of contraceptive dis17 tribution in schools. 

18 ‘‘SEC. 6529. PROHIBITION REGARDING STATE AID. 

19 ‘‘A State shall not take into consideration payments 

20 under this Act (other than under title IV) in determining 

21 the eligibility of any local educational agency in that State 

22 for State aid, or the amount of State aid, with respect to 

23 free public education of children. 
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1 ‘‘SEC. 6530. PROHIBITION ON REQUIRING STATE PARTICIPA2 TION. 

3 ‘‘Any State that opts out of receiving funds, or that 

4 has not been awarded funds, under one or more programs 

5 under this Act shall not be required to carry out any of 

6 the requirements of such program or programs, and nothing 

7 in this Act shall be construed to require a State to partici8 pate in any program under this Act. 

9 ‘‘SEC. 6531. LOCAL CONTROL. 

10 ‘‘The Secretary shall not— 

11 ‘‘(1) impose any requirements or exercise any 

12 governance or authority over school administration, 

13 including the development and expenditure of school 

14 budgets, unless explicitly authorized under this Act; 

15 ‘‘(2) issue any regulations or non-regulatory 

16 guidance without first consulting with local stake17 holders and fairly addressing their concerns; or 

18 ‘‘(3) deny any local educational agency the right 

19 to object to any administrative requirement, includ20 ing actions that place additional burdens or cost on 

21 the local educational agency. 

22 ‘‘SEC. 6532. SCHOOLCHILDREN’S PROTECTION FROM ABOR23 TION PROVIDERS. 

24 ‘‘(a) LIMITATION ON FUNDING.—Notwithstanding sec25 tion 6102, no funds under this Act may be used by any 

26 State educational agency or local educational agency that 
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1 enters into a contract or other agreement with a school2 based health center relating to the provision of health serv3 ices to students served by the agency unless such center cer4 tifies that— 

5 ‘‘(1) the center will not perform an abortion; and 

6 ‘‘(2) the center will not provide abortion-related 

7 materials, referrals, or directions for abortion services 

8 to any such student. 

9 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec10 tion shall be construed to prevent a school-based health cen11 ter from providing non-abortion health services to pregnant 

12 students. 

13 ‘‘(c) SCHOOL-BASED HEALTH CENTER.—In this sec14 tion, the term ‘school-based health center’ has the meaning 

15 given such term in section 2110(c)(9) of the Social Security 

16 Act (42 U.S.C. 1397jj(c)(9)). 

17 ‘‘SEC. 6533. STATE CONTROL OVER STANDARDS. 

18 ‘‘(a) IN GENERAL.—Nothing in this Act shall be con19 strued to prohibit a State from withdrawing from the Com20 mon Core State Standards or any other specific standards. 

21 ‘‘(b) PROHIBITION.—No officer or employee of the Fed22 eral Government shall, directly or indirectly, through 

23 grants, contracts or other cooperative agreements, through 

24 waiver granted under section 6401 or through any other 
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1 authority, take any action against a State that exercises 

2 its rights under subsection (a). 

3 ‘‘Subpart 3—Other Provisions 

4 ‘‘SEC. 6541. ARMED FORCES RECRUITER ACCESS TO STU5 DENTS AND STUDENT RECRUITING INFORMA6 TION. 

7 ‘‘(a) POLICY.— 

8 ‘‘(1) ACCESS TO STUDENT RECRUITING INFORMA9 TION.—Notwithstanding section 444(a)(5)(B) of the 

10 General Education Provisions Act, each local edu11 cational agency receiving assistance under this Act 

12 shall provide, upon a request made by a military re13 cruiter or an institution of higher education, access to 

14 the name, address, and telephone listing of each sec15 ondary school student served by the local educational 

16 agency, unless the parent of such student has sub17 mitted the prior consent request under paragraph (2). 

18 ‘‘(2) CONSENT.— 

19 ‘‘(A) OPT-OUT PROCESS.—A parent of a 

20 secondary school student may submit a written 

21 request, to the local educational agency, that the 

22 student’s name, address, and telephone listing 

23 not be released for purposes of paragraph (1) 

24 without prior written consent of the parent. 

25 Upon receiving such request, the local edu-
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1 cational agency may not release the student’s 

2 name, address, and telephone listing for such 

3 purposes without the prior written consent of the 

4 parent. 

5 ‘‘(B) NOTIFICATION OF OPT-OUT PROC6 ESS.—Each local educational agency shall notify 

7 the parents of the students served by the agency 

8 of the option to make a request described in sub9 paragraph (A). 

10 ‘‘(3) SAME ACCESS TO STUDENTS.—Each local 

11 educational agency receiving assistance under this 

12 Act shall provide military recruiters the same access 

13 to secondary school students as is provided generally 

14 to institutions of higher education or to prospective 

15 employers of those students. 

16 ‘‘(4) RULE OF CONSTRUCTION PROHIBITING OPT17 IN PROCESSES.—Nothing in this subsection shall be 

18 construed to allow a local educational agency to with19 hold access to a student’s name, address, and tele20 phone listing from a military recruiter or institution 

21 of higher education by implementing an opt-in proc22 ess or any other process other than the written con23 sent request process under paragraph (2)(A). 

24 ‘‘(5) PARENTAL CONSENT.—For purposes of this 

25 subsection, whenever a student has attained 18 years 
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1 of age, the permission or consent required of and the 

2 rights accorded to the parents of the student shall only 

3 be required of and accorded to the student. 

4 ‘‘(b) NOTIFICATION.—The Secretary, in consultation 

5 with the Secretary of Defense, shall, not later than 120 days 

6 after the date of the enactment of the Student Success Act, 

7 notify school leaders, school administrators, and other edu8 cators about the requirements of this section. 

9 ‘‘(c) EXCEPTION.—The requirements of this section do 

10 not apply to a private secondary school that maintains a 

11 religious objection to service in the Armed Forces if the ob12 jection is verifiable through the corporate or other organiza13 tional documents or materials of that school. 

14 ‘‘SEC. 6542. RULEMAKING. 

15 ‘‘The Secretary shall issue regulations under this Act 

16 as prescribed under section 1401 only to the extent that such 

17 regulations are necessary to ensure that there is compliance 

18 with the specific requirements and assurances required by 

19 this Act. 

20 ‘‘SEC. 6543. PEER REVIEW. 

21 ‘‘(a) IN GENERAL.—If the Secretary uses a peer review 

22 panel to evaluate an application for any program required 

23 under this Act, the Secretary shall conduct the panel in ac24 cordance with this section. 

25 ‘‘(b) MAKEUP.—The Secretary shall— 
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1 ‘‘(1) solicit nominations for peers to serve on the 

2 panel from States that are— 

3 ‘‘(A) practitioners in the subject matter; or 

4 ‘‘(B) experts in the subject matter; and 

5 ‘‘(2) select the peers from such nominees, except 

6 that there shall be at least 75 percent practitioners on 

7 each panel and in each group formed from the panel. 

8 ‘‘(c) GUIDANCE.—The Secretary shall issue the peer re9 view guidance concurrently with the notice of the grant. 

10 ‘‘(d) REPORTING.—The Secretary shall— 

11 ‘‘(1) make the names of the peer reviewers avail12 able to the public before the final deadline for the ap13 plication of the grant; 

14 ‘‘(2) make the peer review notes publically avail15 able once the review has concluded; and 

16 ‘‘(3) make any deviations from the peer review17 ers’ recommendations available to the public with an 

18 explanation of the deviation. 

19 ‘‘(e) APPLICANT REVIEWS.—An applicant shall have 

20 an opportunity within 30 days to review the peer review 

21 notes and appeal the score to the Secretary prior to the Sec22 retary making any final determination. 

23 ‘‘(f) PROHIBITION.—The Secretary, and the Sec24 retary’s staff, may not attempt to participate in, or influ25 ence, the peer review process. No Federal employee may par-
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1 ticipate in, or attempt to influence the peer review process, 

2 except to respond to questions of a technical nature, which 

3 shall be publicly reported. 

4 ‘‘SEC. 6544. PARENTAL CONSENT. 

5 ‘‘Upon receipt of written notification from the parents 

6 or legal guardians of a student, the local educational agency 

7 shall withdraw such student from any program funded 

8 under part B of title III. The local educational agency shall 

9 make reasonable efforts to inform parents or legal guardians 

10 of the content of such programs or activities funded under 

11 this Act, other than classroom instruction. 

12 ‘‘SEC. 6548. SEVERABILITY. 

13 ‘‘If any provision of this Act is held invalid, the re14 mainder of this Act shall be unaffected thereby. 

15 ‘‘SEC. 6549. DEPARTMENT STAFF. 

16 ‘‘The Secretary shall— 

17 ‘‘(1) not later than 60 days after the date of the 

18 enactment of the Student Success Act, identify the 

19 number of Department employees who worked on or 

20 administered each education program and project au21 thorized under this Act, as such program or project 

22 was in effect on the day before such enactment date, 

23 and publish such information on the Department’s 

24 website; 
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1 ‘‘(2) not later than 60 days after such enactment 

2 date, identify the number of full-time equivalent em3 ployees who work on or administer programs or 

4 projects authorized under this Act, as in effect on the 

5 day before such enactment date, that have been elimi6 nated or consolidated since such date; 

7 ‘‘(3) not later than 1 year after such enactment 

8 date, reduce the workforce of the Department by the 

9 number of full-time equivalent employees the Depart10 ment calculated under paragraph (2); and 

11 ‘‘(4) not later than 1 year after such enactment 

12 date, report to the Congress on— 

13 ‘‘(A) the number of employees associated 

14 with each program or project authorized under 

15 this Act administered by the Department; 

16 ‘‘(B) the number of full-time equivalent em17 ployees who were determined to be associated 

18 with eliminated or consolidated programs or 

19 projects under paragraph (2); 

20 ‘‘(C) how the Secretary reduced the number 

21 of employees at the Department under paragraph 

22 (3); 

23 ‘‘(D) the average salary of the employees de24 scribed in subparagraph (B) whose positions 

25 were eliminated; and 
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1 ‘‘(E) the average salary of the full-time 

2 equivalent employees who work on or administer 

3 a program or project authorized under this Act 

4 by the Department, disaggregated by employee 

5 function with each such program or project. 

6 ‘‘SEC. 6550. REDUCTION IN FEDERAL SPENDING. 

7 ‘‘To ensure the reduced Federal role established under 

8 this Act is recognized when allocating spending amounts 

9 and appropriations for the programs under this Act, the 

10 Secretary, through the director of the Institute for Edu11 cation Sciences, shall— 

12 ‘‘(1) not later than 60 days after the date of the 

13 enactment of the Student Success Act, contract with 

14 an economist with an expertise in workforce and gov15 ernment efficiency; 

16 ‘‘(2) not later than 1 year after the date of the 

17 enactment of the Student Success Act and before the 

18 Administration’s annual budget request for a fiscal 

19 year is submitted to Congress annually thereafter, re20 quire the economist to issue a report that— 

21 ‘‘(A) examines the annual cost savings from 

22 the reduced Federal requirements under this Act, 

23 as amended by the Student Success Act, as com24 pared to the requirements under this Act as in 

25 effect after fiscal year 2002 and prior to the date 
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1 of the enactment of the Student Success Act and 

2 each year thereafter; 

3 ‘‘(B) determines the reduced need for Fed4 eral funds to meet the Federal requirements 

5 under this Act, as amended by the Student Suc6 cess Act, as compared to the requirements under 

7 this Act as in effect after fiscal year 2002 and 

8 prior to the date of the enactment of the Student 

9 Success Act; and 

10 ‘‘(C) includes the specific reduced Federal 

11 funding amounts and reduced number of employ12 ees at the Department necessary for compliance 

13 with the provisions of this Act, as amended by 

14 the Student Success Act; and 

15 ‘‘(3) not later than one week after Administra16 tion’s budget request is submitted to Congress for each 

17 fiscal year, submit the report to the Committees on 

18 Budget and the Committees on Appropriations of the 

19 House of Representatives and the Senate, and the 

20 Committee on Education and the Workforce of the 

21 House of Representatives and the Committee on 

22 Health, Education, Labor, and Pensions of the Sen23 ate. 
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1 ‘‘SEC. 6551. SENSE OF CONGRESS ON PROTECTING STU2 DENT PRIVACY. 

3 ‘‘(a) FINDINGS.—The Congress finds as follows: 

4 ‘‘(1) Students’ personally identifiable informa5 tion is important to protect. 

6 ‘‘(2) Students’ information should not be shared 

7 with individuals other than school officials in charge 

8 of educating those students without clear notice to 

9 parents. 

10 ‘‘(3) With the use of more technology, and more 

11 research about student learning, the responsibility to 

12 protect students’ personally identifiable information 

13 is more important than ever. 

14 ‘‘(4) Regulations allowing more access to stu15 dents’ personal information could allow that informa16 tion to be shared or sold by individuals who do not 

17 have the best interest of the students in mind. 

18 ‘‘(5) The Secretary has the responsibility to en19 sure every entity that receives funding under this Act 

20 holds any personally identifiable information in strict 

21 confidence. 

22 ‘‘(b) SENSE OF CONGRESS.—It is the sense of the Con23 gress that the Secretary should review all regulations ad24 dressing issues of student privacy, including those under 

25 this Act, and ensure that students’ personally identifiable 

26 information is protected. 
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1 ‘‘Subpart 4—Restoration of State Sovereignty Over 

2 Public Education 

3 ‘‘SEC. 6561. STATES TO RETAIN RIGHTS AND AUTHORITIES 

4 THEY DO NOT EXPRESSLY WAIVE. 

5 ‘‘(a) RETENTION OF RIGHTS AND AUTHORITIES.—In 

6 order to ensure local control over the acceptance of Federal 

7 funds, no officer, employee, or other authority of the Sec8 retary shall enforce against an authority of a State, nor 

9 shall any authority of a State have any obligation to obey, 

10 any requirement imposed as a condition of receiving assist11 ance under a grant program established under this Act, nor 

12 shall such program operate within a State, unless the legis13 lature of that State shall have by law expressly approved 

14 that program and, in doing so, have affirmatively agreed 

15 to abide by the conditions attached to the receipt of such 

16 funds. 

17 ‘‘(b) AMENDMENT OF TERMS OF RECEIPT OF FEDERAL

18 FINANCIAL ASSISTANCE.—An officer, employee, or other au19 thority of the Secretary may release assistance under a 

20 grant program established under this Act to a State only 

21 after the legislature of the State has by law expressly ap22 proved the program (as described in subsection (a)). This 

23 approval may be accomplished by a vote to affirm a State 

24 budget that includes the use of such Federal funds and any 

25 such State budget must expressly include any requirement 

26 imposed as a condition of receiving assistance under a 
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1 grant program established under this Act so that by approv2 ing the budget, the State legislature is expressly approving 

3 the grant program and, in doing so, has affirmatively 

4 agreed to abide by the conditions attached to the receipt 

5 of such funds. 

6 ‘‘(c) SPECIAL RULE FOR STATES WITH BIENNIAL

7 LEGISLATURES.—In the case of a State with a biennial leg8 islature— 

9 ‘‘(1) during a year in which the State legislature 

10 does not meet, subsections (a) and (b) shall not apply; 

11 and 

12 ‘‘(2) during a year in which the State legislature 

13 meets, subsections (a) and (b) shall apply, and, with 

14 respect to any grant program established under this 

15 Act during the most recent year in which the State 

16 legislature did not meet, the State may by law ex17 pressly disapprove the grant program, and, if such 

18 disapproval occurs, an officer, employee, or other au19 thority of the Secretary may not release any addi20 tional assistance to the State under that grant pro21 gram. 

22 ‘‘(d) DEFINITION OF STATE AUTHORITY.—As used in 

23 this section, the term ‘authority of a State’ includes any 

24 administering agency of the State, any officer or employee 
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1 of the State, and any local government authority of the 

2 State. 

3 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed to allow the Secretary to condition 

5 the receipt of any grant funds under this Act on the adop6 tion of any specific standards, including the Common Core 

7 State Standards, assessments, or curriculum. 

8 ‘‘(f) EFFECTIVE DATE.—This section applies in each 

9 State beginning on the 90th day after the end of the first 

10 regular session of the legislature of that State that begins 

11 5 years after the date of the enactment of the Student Suc12 cess Act and shall continue to apply in subsequent years 

13 until otherwise provided by law. 

14 ‘‘SEC. 6562. DEDICATION OF SAVINGS TO DEFICIT REDUC15 TION. 

16 ‘‘Notwithstanding any formula reallocations stipu17 lated under the Student Success Act, any funds under such 

18 Act not allocated to a State because a State did not affirma19 tively agree to the receipt of such funds shall not be reallo20 cated among the States. 

21 ‘‘SEC. 6563. DEFINITION OF STATE WITH BIENNIAL LEGISLA22 TURE. 

23 ‘‘In this Act, the term ‘State with a biennial legisla24 ture’ means a State the legislature of which meets every 

25 other year. 
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1 ‘‘SEC. 6564. INTENT OF CONGRESS. 

2 ‘‘It is the intent of Congress that other than the terms 

3 and conditions expressly approved by State law under the 

4 terms of this subpart, control over public education and pa5 rental rights to control the education of their children are 

6 vested exclusively within the autonomous zone of inde7 pendent authority reserved to the States and individual 

8 Americans by the United States Constitution, other than 

9 the Federal Government’s undiminishable obligation to en10 force minimum Federal standards of equal protection and 

11 due process. 

12 ‘‘SEC. 6565. PRIVACY. 

13 ‘‘The Secretary shall ensure each grantee receiving 

14 funds under this Act understands the importance of privacy 

15 protections for students and is aware of their responsibil16 ities under section 444 of the General Education Provisions 

17 Act (20 U.S.C. 1232g) (commonly known as the ‘Family 

18 Education Rights and Privacy Act of 1974’). 

19 ‘‘PART F—EVALUATIONS 

20 ‘‘SEC. 6601. EVALUATIONS. 

21 ‘‘(a) RESERVATION OF FUNDS.—Except as provided in 

22 subsections (c) and (d), the Secretary may reserve not more 

23 than 0.5 percent of the amount appropriated to carry out 

24 each categorical program authorized under this Act. The re25 served amounts shall be used by the Secretary, acting 
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1 through the Director of the Institute of Education 

2 Sciences— 

3 ‘‘(1) to conduct— 

4 ‘‘(A) comprehensive evaluations of the pro5 gram or project; 

6 ‘‘(B) studies of the effectiveness of the pro7 gram or project and its administrative impact 

8 on schools and local educational agencies; and 

9 ‘‘(C) the wide dissemination of evaluation 

10 findings under this section with respect to pro11 grams authorized under this Act— 

12 ‘‘(i) in a timely fashion; 

13 ‘‘(ii) in forms that are understandable, 

14 easily accessible, and usable or adaptable 

15 for use in the improvement of educational 

16 practice; 

17 ‘‘(iii) through electronic transfer, and 

18 other means, such as posting, as available, 

19 to the websites of State educational agencies, 

20 local educational agencies, the Institute of 

21 Education Sciences, the Department, and 

22 other relevant places; and 

23 ‘‘(iv) in a manner that promotes the 

24 utilization of such findings. 
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•S 1177 EAH 

1 ‘‘(2) to evaluate the aggregate short- and long2 term effects and cost efficiencies across Federal pro3 grams assisted or authorized under this Act and re4 lated Federal preschool, elementary, and secondary 

5 programs under any other Federal law; and 

6 ‘‘(3) to increase the usefulness of evaluations of 

7 grant recipients in order to ensure the continuous 

8 progress of the program or project by improving the 

9 quality, timeliness, efficiency, and use of information 

10 relating to performance under the program or project. 

11 ‘‘(b) REQUIRED PLAN.—The Secretary, acting through 

12 the Director of the Institute of Education Sciences, may use 

13 the reserved amount under subsection (a) only after comple14 tion of a comprehensive, multi-year plan— 

15 ‘‘(1) for the periodic evaluation of each of the 

16 major categorical programs authorized under this Act, 

17 and as resources permit, the smaller categorical pro18 grams authorized under this Act; 

19 ‘‘(2) that shall be developed and implemented 

20 with the involvement of other officials at the Depart21 ment, as appropriate; and 

22 ‘‘(3) that shall not be finalized until— 

23 ‘‘(A) the publication of a notice in the Fed24 eral Register seeking public comment on such 
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1 plan and after review by the Secretary of such 

2 comments; and 

3 ‘‘(B) the plan is submitted for comment to 

4 the Committee on Education and the Workforce 

5 of the House of Representatives and the Com6 mittee on Health, Education, Labor, and Pen7 sions of the Senate and after review by the Sec8 retary of such comments. 

9 ‘‘(c) TITLE I EXCLUDED.—The Secretary may not re10 serve under subsection (a) funds appropriated to carry out 

11 any program authorized under title I. 

12 ‘‘(d) EVALUATION ACTIVITIES AUTHORIZED ELSE13 WHERE.—If, under any other provision of this Act (other 

14 than title I), funds are authorized to be reserved or used 

15 for evaluation activities with respect to a program or 

16 project, the Secretary may not reserve additional funds 

17 under this section for the evaluation of that program or 

18 project.’’. 

19 (b) TECHNICAL AMENDMENTS.— 

20 (1) TITLE IX.— 

21 (A) SUBPART 1 OF PART E OF TITLE VI.— 

22 (i) TRANSFER AND REDESIGNATION.— 

23 Sections 9504 through 9506 (20 U.S.C. 

24 7884, 7885, and 7886) are— 
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1 (I) transferred to title VI, as 

2 amended by subsection (a) of this sec3 tion; 

4 (II) inserted after section 6503 of 

5 such title; and 

6 (III) redesignated as sections 6504 

7 through 6506, respectively. 

8 (ii) AMENDMENTS.—Section 6504 (as 

9 so redesignated) is amended— 

10 (I) in subsection (a)(1)(A), by 

11 striking ‘‘section 9502’’ and inserting 

12 ‘‘section 6502’’; 

13 (II) in subsection (b), by striking 

14 ‘‘section 9501’’ and inserting ‘‘section 

15 6501’’; and 

16 (III) in subsection (d), by striking 

17 ‘‘No Child Left Behind Act of 2001’’ 

18 and inserting ‘‘Student Success Act’’. 

19 (B) SUBPART 2 OF PART E OF TITLE VI.— 

20 (i) TRANSFER AND REDESIGNATION.— 

21 Sections 9531, 9533, and 9534 (20 U.S.C. 

22 7911, 7913, and 7914) are— 

23 (I) transferred to title VI, as 

24 amended by subparagraph (A) of this 

25 paragraph; 
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1 (II) inserted after section 6525 of 

2 such title; and 

3 (III) redesignated as sections 6526 

4 through 6528, respectively. 

5 (ii) AMENDMENTS.—Section 6528 (as 

6 so redesignated) is amended— 

7 (I) by striking ‘‘(a) IN GEN8 ERAL.—Nothing’’ and inserting ‘‘Noth9 ing’’; and 

10 (II) by striking subsection (b). 

11 (C) SUBPART 3 OF PART E OF TITLE VI.— 

12 Sections 9523, 9524, and 9525 (20 U.S.C. 7903, 

13 7904, and 7905) are— 

14 (i) transferred to title VI, as amended 

15 by subparagraph (B) of this paragraph; 

16 (ii) inserted after section 6544 of such 

17 title; and 

18 (iii) redesignated as sections 6545 

19 through 6547, respectively. 

20 (2) TITLE IV.—Sections 4141 and 4155 (20 

21 U.S.C. 7151 and 7161) are— 

22 (A) transferred to title VI, as amended by 

23 this Act; 

24 (B) inserted after section 6551; and 
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1 (C) redesignated as sections 6552 and 6553, 

2 respectively. 

3 SEC. 602. REPEAL. 

4 Title IX (20 U.S.C. 7801 et seq.), as amended by sec5 tion 601(b)(1) of this title, is repealed. 

6 SEC. 603. OTHER LAWS. 

7 Beginning on the date of the enactment of this Act, 

8 any reference in law to the term ‘‘highly qualified’’ as de9 fined in section 9101 of the Elementary and Secondary 

10 Education Act of 1965 shall be treated as a reference to 

11 such term under section 9101 of the Elementary and Sec12 ondary Education Act of 1965 as in effect on the day before 

13 the date of the enactment of this Act. 

14 SEC. 604. AMENDMENT TO IDEA. 

15 Section 602 of the Individuals with Disabilities Edu16 cation Act (20 U.S.C. 1401) is amended by striking para17 graph (10). 

18 TITLE VII—HOMELESS 

19 EDUCATION 

20 SEC. 701. STATEMENT OF POLICY. 

21 Section 721 of the McKinney-Vento Homeless Assist22 ance Act (42 U.S.C. 11431) is amended— 

23 (1) by amending paragraph (2) to read as fol24 lows: 
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1 ‘‘(2) In any State where compulsory residency 

2 requirements or other requirements, laws, regulations, 

3 practices, or policies may act as a barrier to the iden4 tification, enrollment, attendance, or success in school 

5 of homeless children and youths, the State and local 

6 educational agencies will review and undertake steps 

7 to revise such laws, regulations, practices, or policies 

8 to ensure that homeless children and youths are af9 forded the same free, appropriate public education as 

10 is provided to other children and youths.’’; 

11 (2) in paragraph (3), by striking ‘‘alone’’; and 

12 (3) in paragraph (4), by striking ‘‘challenging 

13 State student academic achievement’’ and inserting 

14 ‘‘State academic’’. 

15 SEC. 702. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 

16 THE EDUCATION OF HOMELESS CHILDREN 

17 AND YOUTHS. 

18 Section 722 of such Act (42 U.S.C. 11432) is amend19 ed— 

20 (1) in subsection (a), by striking ‘‘(g).’’ and in21 serting ‘‘(h).’’; 

22 (2) by striking subsection (b); 

23 (3) in subsection (c)— 

24 (A) in paragraph (1)(A)— 
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1 (i) in clause (i), by adding ‘‘or’’ at the 

2 end; 

3 (ii) in clause (ii), by striking ‘‘; or’’ at 

4 the end and inserting a period; and 

5 (iii) by striking clause (iii); and 

6 (B) by striking paragraph (3); 

7 (4) in subsection (d)— 

8 (A) in the matter preceding paragraph (1), 

9 by striking ‘‘Grants’’ and inserting ‘‘Grant funds 

10 from a grant made to a State’’; 

11 (B) by amending paragraph (2) to read as 

12 follows: 

13 ‘‘(2) To provide services and activities to im14 prove the identification of homeless children (includ15 ing preschool-aged homeless children and youths) that 

16 enable such children and youths to enroll in, attend, 

17 and succeed in school, or, if appropriate, in preschool 

18 programs.’’; 

19 (C) in paragraph (3), by inserting before 

20 the period at the end the following: ‘‘that can 

21 sufficiently carry out the duties described in this 

22 subtitle’’; and 

23 (D) by amending paragraph (5) to read as 

24 follows: 
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1 ‘‘(5) To develop and implement professional de2 velopment programs for liaisons designated under 

3 subsection (g)(1)(J)(ii) and other local educational 

4 agency personnel— 

5 ‘‘(A) to improve their identification of 

6 homeless children and youths; and 

7 ‘‘(B) to heighten their awareness of, and ca8 pacity to respond to, specific needs in the edu9 cation of homeless children and youths.’’; 

10 (5) in subsection (e)— 

11 (A) in paragraph (1)— 

12 (i) by striking ‘‘sums’’ and inserting 

13 ‘‘grant funds’’; and 

14 (ii) by inserting ‘‘a State under sub15 section (a) to’’ after ‘‘each year to’’; 

16 (B) in paragraph (2), by striking ‘‘funds 

17 made available for State use under this subtitle’’ 

18 and inserting ‘‘the grant funds remaining after 

19 the State educational agency distributes sub20 grants under paragraph (1)’’; and 

21 (C) in paragraph (3)— 

22 (i) in subparagraph (C)(iv)(II), by 

23 striking ‘‘sections 1111 and 1116’’ and in24 serting ‘‘section 1111’’; and 

25 (ii) in subparagraph (F)— 
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1 (I) in clause (i)— 

2 (aa) in the matter preceding 

3 subclause (I), by striking ‘‘a re4 port’’ and inserting ‘‘an annual 

5 report’’; 

6 (bb) by striking ‘‘and’’ at the 

7 end of subclause (II); 

8 (cc) by striking the period at 

9 the end of subclause (III) and in10 serting ‘‘; and’’; and 

11 (dd) by adding at the end the 

12 following: 

13 ‘‘(IV) the progress the separate 

14 schools are making in helping all stu15 dents meet the State academic stand16 ards.’’; and 

17 (II) in clause (iii), by striking 

18 ‘‘Not later than 2 years after the date 

19 of enactment of the McKinney-Vento 

20 Homeless Education Assistance Im21 provements Act of 2001, the’’ and in22 serting ‘‘The’’; 

23 (6) by amending subsection (f) to read as follows: 
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1 ‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.— 

2 The Coordinator for Education of Homeless Children and 

3 Youths established in each State shall— 

4 ‘‘(1) gather and make publically available reli5 able, valid, and comprehensive information on— 

6 ‘‘(A) the number of homeless children and 

7 youths identified in the State, posted annually 

8 on the State educational agency’s website; 

9 ‘‘(B) the nature and extent of the problems 

10 homeless children and youths have in gaining ac11 cess to public preschool programs and to public 

12 elementary schools and secondary schools; 

13 ‘‘(C) the difficulties in identifying the spe14 cial needs and barriers to the participation and 

15 achievement of such children and youths; 

16 ‘‘(D) any progress made by the State edu17 cational agency and local educational agencies 

18 in the State in addressing such problems and 

19 difficulties; and 

20 ‘‘(E) the success of the programs under this 

21 subtitle in identifying homeless children and 

22 youths and allowing such children and youths to 

23 enroll in, attend, and succeed in, school; 

24 ‘‘(2) develop and carry out the State plan de25 scribed in subsection (g); 
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1 ‘‘(3) collect data for and transmit to the Sec2 retary, at such time and in such manner as the Sec3 retary may require, a report containing information 

4 necessary to assess the educational needs of homeless 

5 children and youths within the State, including data 

6 necessary for the Secretary to fulfill the responsibil7 ities under section 724(h); 

8 ‘‘(4) in order to improve the provision of com9 prehensive education and related support services to 

10 homeless children and youths and their families, co11 ordinate and collaborate with— 

12 ‘‘(A) educators, including teachers, special 

13 education personnel, administrators, and child 

14 development and preschool program personnel; 

15 ‘‘(B) providers of services to homeless chil16 dren and youths and their families, including 

17 services of public and private child welfare and 

18 social services agencies, law enforcement agen19 cies, juvenile and family courts, agencies pro20 viding mental health services, domestic violence 

21 agencies, child care providers, runaway and 

22 homeless youth centers, and providers of services 

23 and programs funded under the Runaway and 

24 Homeless Youth Act (42 U.S.C. 5701 et seq.); 
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1 ‘‘(C) providers of emergency, transitional, 

2 and permanent housing to homeless children and 

3 youths, and their families, including public 

4 housing agencies, shelter operators, operators of 

5 transitional housing facilities, and providers of 

6 transitional living programs for homeless youths; 

7 ‘‘(D) local educational agency liaisons des8 ignated under subsection (g)(1)(J)(ii) for home9 less children and youths; and 

10 ‘‘(E) community organizations and groups 

11 representing homeless children and youths and 

12 their families; 

13 ‘‘(5) provide technical assistance to local edu14 cational agencies, in coordination with local edu15 cational agency liaisons designated under subsection 

16 (g)(1)(J)(ii), to ensure that local educational agencies 

17 comply with the requirements of subsection (e)(3), 

18 paragraphs (3) through (7) of subsection (g), and sub19 section (h); 

20 ‘‘(6) provide professional development opportuni21 ties for local educational agency personnel and the 

22 homeless liaison designated under subsection 

23 (g)(1)(J)(ii) to assist such personnel in meeting the 

24 needs of homeless children and youths; and 
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1 ‘‘(7) respond to inquiries from parents and 

2 guardians of homeless children and youths and unac3 companied youths to ensure that each child or youth 

4 who is the subject of such an inquiry receives the full 

5 protections and services provided by this subtitle.’’; 

6 (7) by amending subsection (g) to read as fol7 lows: 

8 ‘‘(g) STATE PLAN.— 

9 ‘‘(1) IN GENERAL.—In order to be eligible to re10 ceive a grant under this section, each State edu11 cational agency shall submit to the Secretary a plan 

12 to provide for the education of homeless children and 

13 youths within the State that includes the following: 

14 ‘‘(A) A description of how such children and 

15 youths are (or will be) given the opportunity to 

16 meet the same State academic standards that all 

17 students are expected to meet. 

18 ‘‘(B) A description of the procedures the 

19 State educational agency will use to identify 

20 such children and youths in the State and to as21 sess their needs. 

22 ‘‘(C) A description of procedures for the 

23 prompt resolution of disputes regarding the edu24 cational placement of homeless children and 

25 youths. 
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1 ‘‘(D) A description of programs for school 

2 personnel (including liaisons, school leaders, at3 tendance officers, teachers, enrollment personnel, 

4 and specialized instructional support personnel) 

5 to heighten the awareness of such personnel of the 

6 specific needs of homeless adolescents, including 

7 runaway and homeless youths. 

8 ‘‘(E) A description of procedures that ensure 

9 that homeless children and youths who meet the 

10 relevant eligibility criteria are able to partici11 pate in Federal, State, or local nutrition pro12 grams. 

13 ‘‘(F) A description of procedures that ensure 

14 that— 

15 ‘‘(i) homeless children have equal ac16 cess to public preschool programs, adminis17 tered by the State educational agency or 

18 local educational agency, as provided to 

19 other children in the State; 

20 ‘‘(ii) homeless youths and youths sepa21 rated from public schools are identified and 

22 accorded equal access to appropriate sec23 ondary education and support services; and 

24 ‘‘(iii) homeless children and youths 

25 who meet the relevant eligibility criteria are 
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1 able to participate in Federal, State, or 

2 local education programs. 

3 ‘‘(G) Strategies to address problems identi4 fied in the report provided to the Secretary 

5 under subsection (f)(3). 

6 ‘‘(H) Strategies to address other problems 

7 with respect to the education of homeless children 

8 and youths, including problems resulting from 

9 enrollment delays that are caused by— 

10 ‘‘(i) immunization and other health 

11 records requirements; 

12 ‘‘(ii) residency requirements; 

13 ‘‘(iii) lack of birth certificates, school 

14 records, or other documentation; 

15 ‘‘(iv) guardianship issues; or 

16 ‘‘(v) uniform or dress code require17 ments. 

18 ‘‘(I) A demonstration that the State edu19 cational agency and local educational agencies 

20 in the State have developed, and shall review 

21 and revise, policies to remove barriers to the 

22 identification, enrollment, and retention of 

23 homeless children and youths in schools in the 

24 State. 
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1 ‘‘(J) Assurances that the following will be 

2 carried out: 

3 ‘‘(i) The State educational agency and 

4 local educational agencies in the State will 

5 adopt policies and practices to ensure that 

6 homeless children and youths are not stig7 matized or segregated on the basis of their 

8 status as homeless. 

9 ‘‘(ii) Local educational agencies will 

10 designate an appropriate staff person, who 

11 may also be a coordinator for other Federal 

12 programs, as a local educational agency li13 aison for homeless children and youths, to 

14 carry out the duties described in paragraph 

15 (6)(A). 

16 ‘‘(iii) The State and its local edu17 cational agencies will adopt policies and 

18 practices to ensure that transportation is 

19 provided, at the request of the parent or 

20 guardian (or in the case of an unaccom21 panied youth, the liaison), to and from the 

22 school of origin, as determined in para23 graph (3)(A), in accordance with the fol24 lowing, as applicable: 
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1 ‘‘(I) If the child or youth con2 tinues to live in the area served by the 

3 local educational agency in which the 

4 school of origin is located, the child’s or 

5 youth’s transportation to and from the 

6 school of origin shall be provided or ar7 ranged by the local educational agency 

8 in which the school of origin is located. 

9 ‘‘(II) If the child’s or youth’s liv10 ing arrangements in the area served by 

11 the local educational agency of origin 

12 terminate and the child or youth, 

13 though continuing his or her education 

14 in the school of origin, begins living in 

15 an area served by another local edu16 cational agency, the local educational 

17 agency of origin and the local edu18 cational agency in which the child or 

19 youth is living shall agree upon a 

20 method to apportion the responsibility 

21 and costs for providing the child with 

22 transportation to and from the school 

23 of origin. If the local educational agen24 cies are unable to agree upon such 
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•S 1177 EAH 

1 method, the responsibility and costs for 

2 transportation shall be shared equally. 

3 ‘‘(K) A description of how such youths will 

4 receive assistance from counselors to advise, pre5 pare, and improve the readiness of such youths 

6 for college. 

7 ‘‘(2) COMPLIANCE.— 

8 ‘‘(A) IN GENERAL.—Each plan adopted 

9 under this subsection shall also describe how the 

10 State will ensure that local educational agencies 

11 in the State will comply with the requirements 

12 of paragraphs (3) through (7). 

13 ‘‘(B) COORDINATION.—Such plan shall in14 dicate what technical assistance the State will 

15 furnish to local educational agencies and how 

16 compliance efforts will be coordinated with the 

17 local educational agency liaisons designated 

18 under paragraph (1)(J)(ii). 

19 ‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE20 MENTS.— 

21 ‘‘(A) IN GENERAL.—The local educational 

22 agency serving each child or youth to be assisted 

23 under this subtitle shall, according to the child’s 

24 or youth’s best interest— 
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1 ‘‘(i) continue the child’s or youth’s edu2 cation in the school of origin for the dura3 tion of homelessness— 

4 ‘‘(I) in any case in which a fam5 ily becomes homeless between academic 

6 years or during an academic year; or 

7 ‘‘(II) for the remainder of the aca8 demic year, if the child or youth be9 comes permanently housed during an 

10 academic year; or 

11 ‘‘(ii) enroll the child or youth in any 

12 public school that nonhomeless students who 

13 live in the attendance area in which the 

14 child or youth is actually living are eligible 

15 to attend. 

16 ‘‘(B) SCHOOL STABILITY.—In determining 

17 the best interest of the child or youth under sub18 paragraph (A), the local educational agency 

19 shall— 

20 ‘‘(i) presume that keeping the child or 

21 youth in the school of origin is in the child 

22 or youth’s best interest, except when doing 

23 so is contrary to the wishes of the child’s or 

24 youth’s parent or guardian, or the unac25 companied youth; 
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1 ‘‘(ii) consider student-centered factors 

2 related to the child’s or youth’s best interest, 

3 including factors related to the impact of 

4 mobility on achievement, education, health, 

5 and safety of homeless children and youth, 

6 giving priority to the wishes of the homeless 

7 child’s or youth’s parent of guardian or the 

8 unaccompanied youth involved; 

9 ‘‘(iii) if, after conducting the best in10 terest determination based on consideration 

11 of the presumption in clause (i) and the 

12 student-centered factors in clause (ii), the 

13 local educational agency determines that it 

14 is not in the child’s or youth’s best interest 

15 to attend the school of origin or the school 

16 requested by the parent, guardian, or unac17 companied youth, provide the child’s or 

18 youth’s parent or guardian or the unaccom19 panied youth with a written explanation of 

20 the reasons for its determination, in a man21 ner and form understandable to such par22 ent, guardian, or unaccompanied youth, in23 cluding information regarding the right to 

24 appeal under subparagraph (E); and 
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1 ‘‘(iv) in the case of an unaccompanied 

2 youth, ensure that the homeless liaison des3 ignated under paragraph (1)(J)(ii) assists 

4 in placement or enrollment decisions under 

5 this subparagraph, gives priority to the 

6 views of such unaccompanied youth, and 

7 provides notice to such youth of the right to 

8 appeal under subparagraph (E). 

9 ‘‘(C) ENROLLMENT.— 

10 ‘‘(i) IN GENERAL.—The school selected 

11 in accordance with this paragraph shall im12 mediately enroll the homeless child or youth, 

13 even if the child or youth— 

14 ‘‘(I) is unable to produce records 

15 normally required for enrollment, such 

16 as previous academic records, records 

17 of immunization and other required 

18 health records, proof of residency, or 

19 other documentation; or 

20 ‘‘(II) has missed application or 

21 enrollment deadlines during any pe22 riod of homelessness. 

23 ‘‘(ii) RELEVANT ACADEMIC

24 RECORDS.—The enrolling school shall im25 mediately contact the school last attended 
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•S 1177 EAH 

1 by the child or youth to obtain relevant aca2 demic and other records. 

3 ‘‘(iii) RELEVANT HEALTH RECORDS.— 

4 If the child or youth needs to obtain immu5 nizations or other required health records, 

6 the enrolling school shall immediately refer 

7 the parent or guardian of the child or 

8 youth, or the unaccompanied child or youth, 

9 to the local educational agency liaison des10 ignated under paragraph (1)(J)(ii), who 

11 shall assist in obtaining necessary immuni12 zations or screenings, or immunization or 

13 other required health records, in accordance 

14 with subparagraph (D). 

15 ‘‘(D) RECORDS.—Any record ordinarily 

16 kept by the school, including immunization or 

17 other required health records, academic records, 

18 birth certificates, guardianship records, and 

19 evaluations for special services or programs, re20 garding each homeless child or youth shall be 

21 maintained— 

22 ‘‘(i) so that the records involved are 

23 available, in a timely fashion, when a child 

24 or youth enters a new school or school dis25 trict; and 
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1 ‘‘(ii) in a manner consistent with sec2 tion 444 of the General Education Provi3 sions Act (20 U.S.C. 1232g). 

4 ‘‘(E) ENROLLMENT DISPUTES.—If a dispute 

5 arises over school selection or enrollment in a 

6 school— 

7 ‘‘(i) the child or youth shall be imme8 diately enrolled in the school in which en9 rollment is sought, pending final resolution 

10 of the dispute, including all available ap11 peals; 

12 ‘‘(ii) the parent, guardian, or unac13 companied youth shall be provided with a 

14 written explanation of any decisions made 

15 by the school, the local educational agency, 

16 or the State educational agency involved, 

17 including the rights of the parent, guardian, 

18 or youth to appeal such decisions; 

19 ‘‘(iii) the parent, guardian, or unac20 companied youth shall be referred to the 

21 local educational agency liaison designated 

22 under paragraph (1)(J)(ii), who shall carry 

23 out the dispute resolution process as de24 scribed in paragraph (1)(C) as expedi-
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1 tiously as possible after receiving notice of 

2 the dispute; and 

3 ‘‘(iv) in the case of an unaccompanied 

4 youth, the liaison shall ensure that the 

5 youth is immediately enrolled in school in 

6 which the youth seeks enrollment pending 

7 resolution of such dispute. 

8 ‘‘(F) PLACEMENT CHOICE.—The choice re9 garding placement shall be made regardless of 

10 whether the child or youth lives with the home11 less parents or has been temporarily placed else12 where. 

13 ‘‘(G) SCHOOL OF ORIGIN DEFINED.— 

14 ‘‘(i) IN GENERAL.—In this paragraph, 

15 the term ‘school of origin’ means the school 

16 that a child or youth attended when perma17 nently housed or the school in which the 

18 child or youth was last enrolled. 

19 ‘‘(ii) RECEIVING SCHOOL.—When the 

20 child or youth completes the final grade 

21 level served by the school of origin, as de22 scribed in clause (i), the term ‘‘school of ori23 gin’’ shall include the designated receiving 

24 school at the next grade level for all feeder 

25 schools. 
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1 ‘‘(H) CONTACT INFORMATION.—Nothing in 

2 this subtitle shall prohibit a local educational 

3 agency from requiring a parent or guardian of 

4 a homeless child to submit contact information. 

5 ‘‘(I) PRIVACY.—Information about a home6 less child’s or youth’s living situation shall be 

7 treated as a student education record under sec8 tion 444 of the General Education Provisions 

9 Act (20 U.S.C. 1232g) and shall not be released 

10 to housing providers, employers, law enforcement 

11 personnel, or other persons or agencies not au12 thorized to have such information under section 

13 99.31 of title 34, Code of Federal Regulations. 

14 ‘‘(J) ACADEMIC ACHIEVEMENT.—The school 

15 selected in accordance with this paragraph shall 

16 ensure that homeless children and youths have 

17 opportunities to meet the same State academic 

18 standards to which other students are held. 

19 ‘‘(4) COMPARABLE SERVICES.—Each homeless 

20 child or youth to be assisted under this subtitle shall 

21 be provided services comparable to services offered to 

22 other students in the school selected under paragraph 

23 (3), including the following: 

24 ‘‘(A) Transportation services. 
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1 ‘‘(B) Educational services for which the 

2 child or youth meets the eligibility criteria, such 

3 as services provided under title I of the Elemen4 tary and Secondary Education Act of 1965 (20 

5 U.S.C. 6301 et seq.) or similar State or local 

6 programs, educational programs for children 

7 with disabilities, and educational programs for 

8 English learners. 

9 ‘‘(C) Programs in career and technical edu10 cation. 

11 ‘‘(D) Programs for gifted and talented stu12 dents. 

13 ‘‘(E) School nutrition programs. 

14 ‘‘(5) COORDINATION.— 

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

16 agency serving homeless children and youths that 

17 receives assistance under this subtitle shall co18 ordinate— 

19 ‘‘(i) the provision of services under this 

20 subtitle with local social services agencies 

21 and other agencies or entities providing 

22 services to homeless children and youths and 

23 their families, including services and pro24 grams funded under the Runaway and 
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1 Homeless Youth Act (42 U.S.C. 5701 et 

2 seq.); and 

3 ‘‘(ii) transportation, transfer of school 

4 records, and other interdistrict activities, 

5 with other local educational agencies. 

6 ‘‘(B) HOUSING ASSISTANCE.—If applicable, 

7 each State educational agency and local edu8 cational agency that receives assistance under 

9 this subtitle shall coordinate with State and local 

10 housing agencies responsible for developing the 

11 comprehensive housing affordability strategy de12 scribed in section 105 of the Cranston-Gonzalez 

13 National Affordable Housing Act (42 U.S.C. 

14 12705) to minimize educational disruption for 

15 children and youths who become homeless. 

16 ‘‘(C) COORDINATION PURPOSE.—The coordi17 nation required under subparagraphs (A) and 

18 (B) shall be designed to— 

19 ‘‘(i) ensure that all homeless children 

20 and youths are promptly identified; 

21 ‘‘(ii) ensure that homeless children and 

22 youths have access to, and are in reasonable 

23 proximity to, available education and re24 lated support services; and 
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1 ‘‘(iii) raise the awareness of school per2 sonnel and service providers of the effects of 

3 short-term stays in a shelter and other chal4 lenges associated with homelessness. 

5 ‘‘(D) HOMELESS CHILDREN AND YOUTHS

6 WITH DISABILITIES.—For children and youths 

7 who are to be assisted both under this subtitle, 

8 and under the Individuals with Disabilities 

9 Education Act (20 U.S.C. 1400 et seq.) or section 

10 504 of the Rehabilitation Act of 1973 (29 U.S.C. 

11 794), each local educational agency shall coordi12 nate the provision of services under this subtitle 

13 with the provision of programs for children with 

14 disabilities served by that local educational agen15 cy and other involved local educational agencies. 

16 ‘‘(6) LOCAL EDUCATIONAL AGENCY LIAISON.— 

17 ‘‘(A) DUTIES.—Each local educational 

18 agency liaison for homeless children and youths, 

19 designated under paragraph (1)(J)(ii), shall en20 sure that— 

21 ‘‘(i) homeless children and youths are 

22 identified by school personnel through out23 reach and coordination activities with other 

24 entities and agencies; 
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1 ‘‘(ii) homeless children and youths are 

2 enrolled in, and have a full and equal op3 portunity to succeed in, schools of that local 

4 educational agency; 

5 ‘‘(iii) homeless families, children, and 

6 youths have access to and receive edu7 cational services for which such families, 

8 children, and youths are eligible, including 

9 services through Head Start, Early Head 

10 Start, early intervention, and preschool pro11 grams administered by the local educational 

12 agency; 

13 ‘‘(iv) homeless families, children, and 

14 youths receive referrals to health care serv15 ices, dental services, mental health and sub16 stances abuse services, housing services, and 

17 other appropriate services; 

18 ‘‘(v) the parents or guardians of home19 less children and youths are informed of the 

20 educational and related opportunities avail21 able to their children and are provided with 

22 meaningful opportunities to participate in 

23 the education of their children; 

24 ‘‘(vi) public notice of the educational 

25 rights of homeless children and youths is 
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1 disseminated in locations frequented by par2 ents or guardians of such children and 

3 youths, and unaccompanied youths, includ4 ing schools, shelters, public libraries, and 

5 soup kitchens in a manner and form under6 standable to the parents and guardians of 

7 homeless children and youths, and unac8 companied youths; 

9 ‘‘(vii) enrollment disputes are mediated 

10 in accordance with paragraph (3)(E); 

11 ‘‘(viii) the parent or guardian of a 

12 homeless child or youth, and any unaccom13 panied youth, is fully informed of all trans14 portation services, including transportation 

15 to the school of origin, as described in para16 graph (1)(J)(iii), and is assisted in access17 ing transportation to the school that is se18 lected under paragraph (3)(A); 

19 ‘‘(ix) school personnel providing serv20 ices under this subtitle receive professional 

21 development and other support; and 

22 ‘‘(x) unaccompanied youths— 

23 ‘‘(I) are enrolled in school; 

24 ‘‘(II) have opportunities to meet 

25 the same State academic standards to 
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1 which other students are held, includ2 ing through implementation of the 

3 policies and practices required by 

4 paragraph (1)(F)(ii); and 

5 ‘‘(III) are informed of their status 

6 as independent students under section 

7 480 of the Higher Education Act of 

8 1965 (20 U.S.C. 1087vv) and receive 

9 verification of such status for purposes 

10 of the Free Application for Federal 

11 Student Aid described in section 483 of 

12 such Act (20 U.S.C. 1090). 

13 ‘‘(B) NOTICE.—State coordinators estab14 lished under subsection (d)(3) and local edu15 cational agencies shall inform school personnel, 

16 service providers, advocates working with home17 less families, parents and guardians of homeless 

18 children and youths, and homeless children and 

19 youths of the duties of the local educational agen20 cy liaisons, including publishing an annually 

21 updated list of the liaisons on the State edu22 cational agency’s website. 

23 ‘‘(C) LOCAL AND STATE COORDINATION.— 

24 Local educational agency liaisons for homeless 

25 children and youths shall, as a part of their du-
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1 ties, coordinate and collaborate with State coor2 dinators and community and school personnel 

3 responsible for the provision of education and re4 lated services to homeless children and youths. 

5 Such coordination shall include collecting and 

6 providing to the State Coordinator the reliable, 

7 valid, and comprehensive data needed to meet 

8 the requirements of paragraphs (1) and (3) of 

9 subsection (f). 

10 ‘‘(7) REVIEW AND REVISIONS.— 

11 ‘‘(A) IN GENERAL.—Each State educational 

12 agency and local educational agency that re13 ceives assistance under this subtitle shall review 

14 and revise any policies that may act as barriers 

15 to the enrollment of homeless children and youths 

16 in schools that are selected under paragraph (3). 

17 ‘‘(B) CONSIDERATION.—In reviewing and 

18 revising such policies, consideration shall be 

19 given to issues concerning transportation, immu20 nization, residency, birth certificates, school 

21 records and other documentation, and guardian22 ship. 

23 ‘‘(C) SPECIAL ATTENTION.—Special atten24 tion shall be given to ensuring the enrollment 
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1 and attendance of homeless children and youths 

2 who are not currently attending school.’’; 

3 (8) in subsection (h)(1)(A), by striking ‘‘fiscal 

4 year 2009,’’ and inserting ‘‘fiscal years 2014 through 

5 2019,’’; and 

6 (9) in subsection (h)(4), by striking ‘‘fiscal year 

7 2009’’ and inserting ‘‘fiscal years 2014 through 

8 2019’’. 

9 SEC. 703. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR 

10 THE EDUCATION OF HOMELESS CHILDREN 

11 AND YOUTHS. 

12 Section 723 of such Act (42 U.S.C. 11433) is amend13 ed— 

14 (1) in subsection (a)— 

15 (A) in paragraph (1), by striking ‘‘facili16 tating the enrollment,’’ and inserting ‘‘facili17 tating the identification, enrollment,’’; 

18 (B) in paragraph (2)(A)— 

19 (i) by adding ‘‘and’’ at the end of 

20 clause (i); 

21 (ii) by striking ‘‘; and’’ and inserting 

22 a period at the end of clause (ii); and 

23 (iii) by striking clause (iii); and 

24 (C) by adding at the end the following: 
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1 ‘‘(4) DURATION OF GRANTS.—Subgrants award2 ed under this section shall be for terms of not to ex3 ceed 3 years.’’; 

4 (2) in subsection (b)— 

5 (A) by striking paragraph (3) and redesig6 nating paragraphs (4) and (5) as paragraphs 

7 (3) and (4), respectively; and 

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

9 ‘‘(5) An assurance that the local educational 

10 agency will collect and promptly provide data re11 quested by the State Coordinator pursuant to para12 graphs (1) and (3) of section 722(f). 

13 ‘‘(6) An assurance that the local educational 

14 agency has removed barriers to complying with the 

15 requirements of section 722(g)(1)(I).’’; 

16 (3) in subsection (c)— 

17 (A) in paragraph (1), by striking ‘‘726’’ 

18 and inserting ‘‘722(a)’’; 

19 (B) in paragraph (2)— 

20 (i) in subparagraph (A), by inserting 

21 ‘‘identification,’’ before ‘‘enrollment’’; 

22 (ii) by amending subparagraph (B) to 

23 read as follows: 

24 ‘‘(B) The extent to which the application re25 flects coordination with other local and State 
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1 agencies that serve homeless children and 

2 youths.’’; and 

3 (iii) in subparagraph (C), by inserting 

4 ‘‘(as of the date of submission of the appli5 cation)’’ after ‘‘current practice’’; 

6 (C) in paragraph (3)— 

7 (i) by amending subparagraph (C) to 

8 read as follows: 

9 ‘‘(C) The extent to which the applicant will 

10 promote meaningful involvement of parents or 

11 guardians of homeless children or youths in the 

12 education of their children.’’; 

13 (ii) in subparagraph (D), by striking 

14 ‘‘within’’ and inserting ‘‘into’’; 

15 (iii) in subparagraph (G)— 

16 (I) by striking ‘‘Such’’ and insert17 ing ‘‘The extent to which the appli18 cant’s program meets such’’; and 

19 (II) by striking ‘‘case manage20 ment or related’’; 

21 (iv) by redesignating subparagraph 

22 (G) as subparagraph (I) and inserting after 

23 subparagraph (F) the following: 

24 ‘‘(G) The extent to which the local edu25 cational agency will use the subgrant to leverage 
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1 resources, including by maximizing nonsubgrant 

2 funding for the position of the liaison described 

3 in section 722(g)(1)(J)(ii) and the provision of 

4 transportation. 

5 ‘‘(H) How the local educational agency uses 

6 funds to serve homeless children and youths 

7 under section 1113(c)(3) of the Elementary and 

8 Secondary Education Act of 1965 (20 U.S.C. 

9 6313(c)(3)).’’; and 

10 (v) by adding at the end the following: 

11 ‘‘(J) An assurance that the applicant will 

12 meet the requirements of section 722(g)(3).’’; and 

13 (D) by striking paragraph (4); and 

14 (4) in subsection (d)— 

15 (A) in paragraph (1)— 

16 (i) by striking ‘‘challenging State aca17 demic content standards’’ and inserting 

18 ‘‘State academic standards’’; and 

19 (ii) by striking ‘‘and challenging State 

20 student academic achievement standards’’; 

21 (B) in paragraph (2)— 

22 (i) by striking ‘‘students with limited 

23 English proficiency,’’ and inserting 

24 ‘‘English learners,’’; and 
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1 (ii) by striking ‘‘vocational’’ and in2 serting ‘‘career’’; 

3 (C) in paragraph (3), by striking ‘‘pupil 

4 services’’ and inserting ‘‘specialized instructional 

5 support’’; 

6 (D) in paragraph (7), by striking ‘‘, and 

7 unaccompanied youths,’’ and inserting ‘‘, par8 ticularly homeless children and youths who are 

9 not enrolled in school,’’; 

10 (E) in paragraph (9) by striking ‘‘medical’’ 

11 and inserting ‘‘other required health’’; 

12 (F) in paragraph (10), by inserting before 

13 the period at the end ‘‘, and other activities de14 signed to increase the meaningful involvement of 

15 parents or guardians of homeless children or 

16 youths in the education of their children’’; 

17 (G) in paragraph (12), by striking ‘‘pupil’’ 

18 and inserting ‘‘specialized instructional sup19 port’’; and 

20 (H) in paragraph (13), by inserting before 

21 the period at the end ‘‘and parental mental 

22 health or substance abuse problems’’. 

23 SEC. 704. SECRETARIAL RESPONSIBILITIES. 

24 Section 724 of such Act (42 U.S.C. 11434) is amend25 ed— 
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1 (1) by amending subsection (c) to read as fol2 lows: 

3 ‘‘(c) NOTICE.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall, before 

5 the next school year that begins after the date of the 

6 enactment of the Student Success Act, update and dis7 seminate nationwide the public notice described in 

8 this subsection (as in effect prior to such date) of the 

9 educational rights of homeless children and youths. 

10 ‘‘(2) DISSEMINATION.—The Secretary shall dis11 seminate the notice nationally to all Federal agencies, 

12 program grantees, and grant recipients serving home13 less families, children, and youths.’’; 

14 (2) in subsection (d), by striking ‘‘and dissemi15 nation’’ and inserting ‘‘, dissemination, and technical 

16 assistance’’; 

17 (3) in subsection (e)— 

18 (A) by striking ‘‘applications for grants 

19 under this subtitle’’ and inserting ‘‘plans for the 

20 use of grant funds under section 722’’; 

21 (B) by striking ‘‘60-day’’ and inserting 

22 ‘‘120-day’’; and 

23 (C) by striking ‘‘120-day’’ and inserting 

24 ‘‘180-day’’; 
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1 (4) in subsection (f), by adding at the end the 

2 following: ‘‘The Secretary shall provide support and 

3 technical assistance to State educational agencies in 

4 areas in which barriers to a free appropriate public 

5 education persist.’’; 

6 (5) by amending subsection (g) to read as fol7 lows: 

8 ‘‘(g) GUIDELINES.—The Secretary shall develop, issue, 

9 and publish in the Federal Register, not later than 60 days 

10 after the date of the enactment of the Student Success Act, 

11 strategies by which a State— 

12 ‘‘(1) may assist local educational agencies to im13 plement the provisions amended by the Act; and 

14 ‘‘(2) can review and revise State policies and 

15 procedures that may present barriers to the identi16 fication, enrollment, attendance, and success of home17 less children and youths in school.’’; 

18 (6) in subsection (h)(1)(A), by inserting ‘‘in all 

19 areas served by local educational agencies’’ before the 

20 semicolon at the end; and 

21 (7) in subsection (i), by striking ‘‘McKinney22 Vento Homeless Education Assistance Improvements 

23 Act of 2001’’ and inserting ‘‘Student Success Act’’. 
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1 SEC. 705. DEFINITIONS. 

2 Section 725 of such Act (42 U.S.C. 11434a) is amend3 ed— 

4 (1) in paragraph (2)(B)(iv), by striking ‘‘1309’’ 

5 and inserting ‘‘1139’’; and 

6 (2) in paragraph (3), by striking ‘‘9101’’ and in7 serting ‘‘6101’’. 

8 SEC. 706. AUTHORIZATION OF APPROPRIATIONS. 

9 Section 726 of such Act (42 U.S.C. 11435) is amended 

10 to read as follows: 

11 ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘For the purpose of carrying out this subtitle, there 

13 are authorized to be appropriated $65,042,000 for each of 

14 fiscal years 2016 through 2019.’’. 

15 TITLE VIII—MISCELLANEOUS 

16 PROVISIONS 

17 SEC. 801. FINDINGS; SENSE OF THE CONGRESS. 

18 (a) FINDINGS.—The Congress finds as follows: 

19 (1) To avoid negative attention and litigation, 

20 some local educational agencies have entered into 

21 agreements with employees who are suspected of abus22 ing or are known to have abused students. 

23 (2) Instead of reporting sexual misconduct with 

24 minors to the proper authorities such as the police or 

25 child welfare services, under such agreements the local 

26 educational agencies, schools, and employees keep the 
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1 information private and facilitate the employee’s 

2 transfer to another local educational agency. 

3 (b) SENSE OF THE CONGRESS.—It is the sense of the 

4 Congress that— 

5 (1) confidentiality agreements between local edu6 cational agencies or schools and suspected child sex 

7 abusers should be prohibited; 

8 (2) the practice of employee transfers after sus9 pected or proven sexual misconduct should be stopped, 

10 and States should require local educational agencies 

11 and schools to provide law enforcement with all infor12 mation regarding sexual conduct between an employee 

13 and a minor; and 

14 (3) Congress should help protect children and 

15 help stop this unacceptable practice in our schools. 

16 SEC. 802. PREVENTING IMPROPER USE OF TAXPAYER 

17 FUNDS. 

18 To ensure any misuse of taxpayer funds is stopped or 

19 prevented before it occurs, the Secretary of Education— 

20 (1) shall ensure that each recipient of a grant or 

21 subgrant under the Elementary and Secondary Edu22 cation Act of 1965 (20 U.S.C. 6301 et seq.) promi23 nently displays the Department of Education Office of 

24 Inspector General hotline contact information so any 

25 individual who observes, detects, or suspects improper 
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1 use of taxpayer funds can easily report such improper 

2 use; 

3 (2) annually shall notify employees of the De4 partment of Education of their responsibility to re5 port fraud; and 

6 (3) shall ensure that applicants for grants or 

7 subgrants under such Act are aware of their require8 ment to submit truthful and accurate information 

9 when applying for grants or subgrants and respond10 ing to monitoring and compliance reviews. 

11 SEC. 803. ACCOUNTABILITY TO TAXPAYERS THROUGH MON12 ITORING AND OVERSIGHT. 

13 To ensure better monitoring and oversight of taxpayer 

14 funds authorized to be appropriated under the Elementary 

15 and Secondary Education Act of 1965 (20 U.S.C. 6301 et 

16 seq.), and to deter and prohibit waste, fraud, and abuse of 

17 such funds, the Secretary of Education— 

18 (1) shall ensure that each recipient of a grant or 

19 subgrant under such Act is aware of— 

20 (A) their responsibility to comply with all 

21 monitoring requirements under the applicable 

22 program or programs; 

23 (B) their further responsibility to monitor 

24 properly any sub-grantee under the applicable 

25 program or programs; and 
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1 (C) the Secretary’s schedule for monitoring 

2 and any other compliance reviews to ensure 

3 proper use of Federal funds; 

4 (2) shall review and analyze the results of moni5 toring and compliance reviews— 

6 (A) to understand trends and identify com7 mon issues; and 

8 (B) to issue guidance to help grantees ad9 dress these issues before the loss or misuse of tax10 payer funding occurs; 

11 (3) shall publically report the work undertaken 

12 by the Secretary to prevent fraud, waste, and abuse, 

13 including specific cases where the Secretary found 

14 and prevented the misuse of taxpayer funds; and 

15 (4) shall work with the Office of Inspector Gen16 eral in the Department of Education as needed to 

17 help ensure that employees of such department under18 stand how to monitor grantees properly and to help 

19 grantees monitor any sub-grantees properly. 

20 SEC. 804. PROHIBITION OF USING EDUCATION FUNDS FOR 

21 EXCESS PAYMENTS TO CERTAIN RETIREMENT 

22 OR PENSION SYSTEMS. 

23 (a) IN GENERAL.—No State receiving funds authorized 

24 under this Act or the amendments made by this Act may 

25 require any local educational agency using funds author-
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1 ized under this Act to hire or pay the salary of teachers 

2 to use such funds to make contributions to a teacher retire3 ment or pension system for a plan year in excess of the 

4 normal cost of pension benefits for such plan year for which 

5 the employing local educational agency has responsibility. 

6 (b) NORMAL COST DEFINED.—For purposes of this sec7 tion, the term ‘‘normal cost’’ means the portion of the cost 

8 of projected benefits allocated to the current plan year, not 

9 including any unfunded liabilities the teacher retirement 

10 or pension system has accrued. 

11 SEC. 805. SENSE OF CONGRESS ON THE FREE EXERCISE OF 

12 RELIGION. 

13 It is the sense of Congress that— 

14 (1) a student, teacher, or school administrator 

15 retains their rights under the First Amendment, in16 cluding the right to free exercise of religion, during 

17 the school day or while on elementary and secondary 

18 school grounds; and 

19 (2) elementary and secondary schools should ex20 amine their policies to ensure that, in a manner con21 sistent with the Constitution, law, and court deci22 sions, students, teachers, and school administrators 

23 are able to fully participate in activities on elemen24 tary and secondary school grounds related to their re25 ligious freedom. 
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1 TITLE IX—SCHOOLS OF THE 

2 FUTURE ACT 

3 SEC. 901. SHORT TITLE. 

4 This title may be cited as the ‘‘Schools of the Future 

5 Act’’. 

6 SEC. 902. FINDINGS. 

7 The Congress finds the following: 

8 (1) Digital learning technology holds the promise 

9 of transforming rural education by removing barriers 

10 of distance and increasing school capacity. 

11 (2) While many large urban local educational 

12 agencies are at the forefront of implementing new dig13 ital learning innovations, it is often harder for small14 er and more rural local educational agencies to access 

15 these tools. Smaller local educational agencies with 

16 less capacity may also find it more difficult to pro17 vide the training needed to effectively implement new 

18 digital learning technologies. 

19 (3) Despite the potential of digital learning in 

20 rural areas, these advancements risk bypassing rural 

21 areas without support for their implementation. 

22 Rather than having schools and local educational 

23 agencies apply digital learning innovations designed 

24 for urban environments to rural areas, it is impor25 tant that digital learning technologies be developed 
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1 and implemented in ways that reflect the unique 

2 needs of rural areas. 

3 (4) Digital learning is rapidly expanding, and 

4 new tools for improving teaching and learning are 

5 being developed every day. A growing demand for dig6 ital learning tools and products has made rigorous 

7 evaluation of their effectiveness increasingly impor8 tant, as this information would allow school and local 

9 educational agency leaders to make informed choices 

10 about how best to use these tools to improve student 

11 achievement and educational outcomes. 

12 (5) High-quality digital learning increases stu13 dent access to courses that may not have been avail14 able to students in rural communities, increasing 

15 their college and career readiness. 

16 SEC. 903. PROGRAM AUTHORIZED. 

17 (a) GRANTS TO ELIGIBLE PARTNERSHIPS.—From the 

18 amounts appropriated to carry out this title, the Secretary 

19 of Education is authorized to award grants, on a competi20 tive basis, to eligible partnerships to carry out the activities 

21 described in section 906. 

22 (b) DURATION OF GRANT.—A grant under subsection 

23 (a) shall be awarded for not less than a 3-year and not 

24 longer than a 5-year period. 
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1 (c) FISCAL AGENT.—If an eligible partnership receives 

2 a grant under this title, a school partner in the partnership 

3 shall serve as the fiscal agent for the partnership. 

4 SEC. 904. APPLICATION. 

5 An eligible partnership desiring a grant under this 

6 title shall submit an application to the Secretary at such 

7 time, in such manner, and containing such information as 

8 the Secretary may require, which shall include the fol9 lowing: 

10 (1) A description of the eligible partnership, in11 cluding the name of each of the partners and their re12 spective roles and responsibilities. 

13 (2) A description of the technology-based learn14 ing practice, tool, strategy, or course that the eligible 

15 partnership proposes to develop or implement using 

16 the grant funds. 

17 (3) An assurance that all teachers of record hold 

18 the relevant license and are otherwise qualified to im19 plement any technology-based practice, tool, strategy, 

20 or course using the grant funds. 

21 (4) An assurance that all students in a class or 

22 school implementing a practice, tool, strategy or 

23 course using the grant funds will have access to any 

24 equipment necessary to participate on a full and eq25 uitable basis. 
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1 (5) An assurance that the proposed uses of 

2 smartphones, laptops, tablets, or other devices suscep3 tible to inappropriate use have the informed consent 

4 of parents or guardians and are not inconsistent with 

5 any policies of the local educational agency on the use 

6 of such devices. 

7 (6) Information relevant to the selection criteria 

8 under section 905(c). 

9 (7) A description of the evaluation to be under10 taken by the eligible partnership, including— 

11 (A) how the school partner and the evalua12 tion partner will work together to implement the 

13 practice, tool, strategy, or course in such a way 

14 that permits the use of a rigorous, independent 

15 evaluation design that meets the standards of the 

16 What Works Clearinghouse of the Institute of 

17 Education Sciences; and 

18 (B) a description of the evaluation design 

19 that meets such standards, which will be used to 

20 measure any significant effects on the outcomes 

21 described in paragraphs (1) through (3) of sec22 tion 907(a). 

23 (8) An estimate of the number of students to be 

24 reached through the grant and evidence of its capacity 
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1 to reach the proposed number of students during the 

2 course of the grant. 

3 (9) Any other information the Secretary may re4 quire. 

5 SEC. 905. APPLICATION REVIEW AND AWARD BASIS. 

6 (a) PEER REVIEW.—The Secretary shall use a peer re7 view process to review applications for grants under this 

8 title. The Secretary shall appoint individuals to the peer 

9 review process who have relevant expertise in digital learn10 ing, research and evaluation, standards quality and align11 ment, and rural education. 

12 (b) AWARD BASIS.—In awarding grants under this 

13 title, the Secretary shall ensure, to the extent practicable, 

14 diversity in the type of activities funded under the grants. 

15 (c) SELECTION CRITERIA.—In evaluating an eligible 

16 partnership’s application for a grant under this title, the 

17 Secretary shall consider— 

18 (1) the need for the proposed technology-based 

19 learning practice, tool, strategy, or course; 

20 (2) the quality of the design of the proposed 

21 practice, tool, strategy, or course; 

22 (3) the strength of the existing research evidence 

23 with respect to such practice, tool, strategy, or course; 

24 (4) the experience of the eligible partnership; and 
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1 (5) the quality of the evaluation proposed by the 

2 eligible partnership. 

3 (d) DEDICATED FUNDING FOR FRINGE RURAL, DIS4 TANT RURAL, AND REMOTE RURAL SCHOOLS.—Not less 

5 than 50 percent of the grant funds awarded under this title 

6 shall be awarded to eligible partnerships that provides as7 surances that the school partners in the eligible partnership 

8 will ensure that each school to be served by the grant is 

9 designated with a school locale code of Fringe Rural, Dis10 tant Rural, or Remote Rural, as determined by the Sec11 retary. 

12 SEC. 906. USE OF FUNDS. 

13 (a) REQUIRED USE OF FUNDS.— 

14 (1) IN GENERAL.—An eligible partnership receiv15 ing a grant under this title shall use such funds to 

16 implement and evaluate the results of technology17 based learning practices, strategies, tools, or courses, 

18 including the practices, strategies, tools, or courses 

19 identified under paragraphs (2) through (6). 

20 (2) TOOLS AND COURSES DESIGNED TO PERSON21 ALIZE THE LEARNING EXPERIENCE.—Technology22 based tools and courses identified under this para23 graph include the following types of tools and courses 

24 designed to personalize the learning experience: 
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1 (A) Technology-based personalized instruc2 tional systems. 

3 (B) Adaptive software, games, or tools, that 

4 can be used to personalize learning. 

5 (C) Computer-based tutoring courses to help 

6 struggling students. 

7 (D) Games, digital tools, and smartphone or 

8 tablet applications to improve students’ engage9 ment, focus, and time on task. 

10 (E) Other tools and courses designed to per11 sonalize the learning experience. 

12 (3) PRACTICES AND STRATEGIES DESIGNED TO

13 AID AND INFORM INSTRUCTION.—Technology-based 

14 practices and strategies identified under this para15 graph include the following types of practices and 

16 strategies designed to aid and inform instruction: 

17 (A) Adaptive software, games, or tools that 

18 can be used for the purpose of formative assess19 ment. 

20 (B) Web resources that provide teachers and 

21 their students access to instructional and cur22 ricular materials that are— 

23 (i) aligned with high-quality stand24 ards; and 
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1 (ii) designed to prepare students for 

2 college and a career, such as a repository of 

3 primary historical sources for use in history 

4 and civics courses or examples of develop5 mentally appropriate science experiments. 

6 (C) Online professional development oppor7 tunities, teacher mentoring opportunities, and 

8 professional learning communities. 

9 (D) Tools or web resources designed to ad10 dress specific instructional problems. 

11 (E) Other practices and strategies designed 

12 to personalize the learning experience. 

13 (4) TOOLS, COURSES, AND STRATEGIES DE14 SIGNED TO IMPROVE THE ACHIEVEMENT OF STU15 DENTS WITH SPECIFIC EDUCATIONAL NEEDS.—Tech16 nology-based tools, courses, and strategies identified 

17 under this paragraph include the following types of 

18 tools, courses, and strategies designed to meet the 

19 needs of students with specific educational needs: 

20 (A) Digital tools specifically designed to 

21 meet the needs of students with a particular dis22 ability. 

23 (B) Online courses that give students who 

24 are not on track to graduate or have already 
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1 dropped out of school the opportunity for acceler2 ated credit recovery. 

3 (C) Language instruction courses, games, or 

4 software designed to meet the needs of English 

5 language learners. 

6 (D) Other tools, courses, and strategies de7 signed to personalize the learning experience. 

8 (5) TOOLS, COURSES, AND STRATEGIES DE9 SIGNED TO HELP STUDENTS DEVELOP 21ST CENTURY

10 SKILLS.—Technology-based tools, courses, and strate11 gies identified under this paragraph include peer-to12 peer virtual learning opportunities to be used for the 

13 purposes of project-based learning, deeper learning, 

14 and collaborative learning, and other tools, courses, 

15 and strategies designed to help students develop 21st 

16 century skills, such as the ability to think critically 

17 and solve problems, be effective communicators, col18 laborate with others, and learn to create and inno19 vate. 

20 (6) TECHNOLOGY-BASED OR ONLINE COURSES

21 THAT ALLOW STUDENTS TO TAKE COURSES THAT

22 THEY WOULD NOT OTHERWISE HAVE ACCESS TO.— 

23 Technology-based or online courses identified under 

24 this paragraph include courses or collections of 

25 courses approved by the applicable local educational 
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1 agency or State educational agency that provide stu2 dents with access to courses that they would not other3 wise have access to, such as the following: 

4 (A) An online repository of elective courses. 

5 (B) Online or software-based courses in for6 eign languages, especially in languages identified 

7 as critical or in schools where a teacher is not 

8 available to teach the language or course level a 

9 student requires. 

10 (C) Online advanced or college-level courses 

11 that can be taken for credit. 

12 (b) AUTHORIZED USE OF FUNDS.—An eligible part13 nership receiving a grant under this title may use grant 

14 funds to— 

15 (1) develop or implement the technology for tech16 nology-based learning strategies, practices, courses, or 

17 tools to be carried out under the grant; 

18 (2) purchase hardware or software needed to 

19 carry out such strategies, practices, courses, or tools 

20 under the grant, except that such purchases may not 

21 exceed 50 percent of total grant funds; 

22 (3) address the particular needs of student sub23 groups, including students with disabilities and 

24 English-language learners; 
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1 (4) provide technology-based professional devel2 opment or professional development on how to maxi3 mize the utility of technology; and 

4 (5) address issues of cost and capacity in rural 

5 areas and shortage subjects. 

6 (c) SUPPLEMENTATION.—An eligible partnership that 

7 receives a grant under this title shall use the grant funds 

8 to supplement, not supplant, the work of teachers with stu9 dents, and may not use such funds to reduce staffing levels 

10 for the school partners in the eligible partnership. 

11 (d) TEACHER OF RECORD.—For each student in a 

12 class or school implementing a practice, tool, strategy, or 

13 course using grant funds provided under this title, there 

14 shall be a teacher of record, holding the relevant certifi15 cation or license, and otherwise qualified to implement any 

16 digitally-based practice, tool, strategy or course using the 

17 grant funds. An eligible partnership shall use grant funds 

18 provided under this title, and shall determine the extent and 

19 nature of pedagogical uses of digital tools, in a manner that 

20 is consistent with the judgments of teachers of record about 

21 what is developmentally appropriate for students. 

22 SEC. 907. DATA COLLECTION AND EVALUATION. 

23 (a) IN GENERAL.—Each eligible partnership receiving 

24 a grant under this title shall require its evaluation partner 

25 to complete an independent, comprehensive, well-designed, 
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1 and well-implemented evaluation that meets the standards 

2 of the What Works Clearinghouse after the third year of im3 plementation of the grant to measure the effect of the prac4 tice, tool, strategy, or course on— 

5 (1) growth in student achievement, as measured 

6 by high quality assessments that provide objective, 

7 valid, reliable measures of student academic growth 

8 and information on whether a student is on-track to 

9 graduate ready for college and career; 

10 (2) costs and savings to the school partner; and 

11 (3) at least one of the following: 

12 (A) Student achievement gaps. 

13 (B) Graduation and dropout rates. 

14 (C) College enrollment. 

15 (D) College persistence. 

16 (E) College completion. 

17 (F) Placement in a living-wage job. 

18 (G) Enhanced teacher or principal effective19 ness as measured by valid, reliable, and multiple 

20 measures of student achievement and other ap21 propriate measures. 

22 (b) EVALUATION.—The Secretary shall— 

23 (1) acting through the Director of the Institute 

24 of Education Sciences— 
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1 (A) evaluate the implementation and im2 pact of the activities supported under the grant 

3 program authorized under this section; and 

4 (B) identify best practices; and 

5 (2) disseminate, in consultation with the re6 gional educational laboratories established under part 

7 D of the Education Sciences Reform Act of 2002 and 

8 comprehensive centers established under the Edu9 cational Technical Assistance Act of 2002, research on 

10 best practices in school leadership. 

11 (c) IMPLEMENTATION EVALUATION.—An evaluation 

12 partner may use funds under this title to carry out an im13 plementation evaluation designed to provide information 

14 that may be useful for schools, local educational agencies, 

15 States, consortia of schools, and charter school networks 

16 seeking to implement similar practices, tools, strategies, or 

17 courses in the future. 

18 (d) PUBLICATION OF RESULTS.—Upon completion of 

19 an evaluation described in subsection (a), (b), or (c) the 

20 evaluation partner shall— 

21 (1) submit a report of the results of the evalua22 tion to the Secretary; and 

23 (2) make publicly available such results. 

24 SEC. 908. DEFINITIONS. 

25 In this title: 
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1 (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible 

2 partnership’’ means a partnership that includes a 

3 school partner and not less than 1— 

4 (A) digital learning partner, except that in 

5 a case in which a school partner or evaluation 

6 partner demonstrates expertise in digital learn7 ing to the Secretary; and 

8 (B) evaluation partner. 

9 (2) SCHOOL PARTNER.—The term ‘‘school part10 ner’’ means a— 

11 (A) local educational agency; 

12 (B) a charter school network that does not 

13 include virtual schools; 

14 (C) a consortium of public elementary 

15 schools or secondary schools; 

16 (D) a regional educational service agency or 

17 similar regional educational service provider; or 

18 (E) a consortium of the entities described in 

19 subparagraphs (A) through (D). 

20 (3) DIGITAL LEARNING PARTNER.—The term 

21 ‘‘digital learning partner’’ means an organization 

22 with expertise in the technology required to develop or 

23 implement the digital learning practices, tools, strate24 gies, or courses proposed by the school partner with 
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1 which the digital learning partner will partner or has 

2 partnered under this title, such as— 

3 (A) an institution of higher education; 

4 (B) a nonprofit organization; or 

5 (C) an organization with school develop6 ment or turnaround experience. 

7 (4) EVALUATION PARTNER.—The term ‘‘evalua8 tion partner’’ means a partner that has the expertise 

9 and ability to carry out the evaluation of a grant re10 ceived under this title, such as— 

11 (A) an institution of higher education; 

12 (B) a nonprofit organization with expertise 

13 in evaluation; or 

14 (C) an evaluation firm. 

15 (5) INSTITUTION OF HIGHER EDUCATION.—The 

16 term ‘‘institution of higher education’’ has the mean17 ing given the term in section 102 of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1002). 

19 (6) LOCAL EDUCATIONAL AGENCY.—The term 

20 ‘‘local educational agency’’ has the meaning given the 

21 term in section 9101 of the Elementary and Sec22 ondary Education Act of 1965 (20 U.S.C. 7801). 
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1 (7) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Education. 

Attest: 

Clerk. 

114TH CONGRESS 

1ST SESSION S. 1177 

AMENDMENT